Information from the Albemarle County Website Related to Zoning in Industrial Districts

http://www.albemarle.org/attorney/

bullethttp://www.albemarle.org/attorney/acntycds/zoning26.rtf - General
bullethttp://www.albemarle.org/attorney/acntycds/zoning27.rtf - Light Industry
bullethttp://www.albemarle.org/attorney/acntycds/zoning28.rtf - Heavy Industry
bullethttp://www.albemarle.org/attorney/acntycds/zoning29.rtf - Industrial Park
bullethttp://www.albemarle.org/attorney/acntycds/ZONING04.rtf - General Regulations 
Warning 30MB file!
(includes Industrial Performance Standards & Noise)

 

Read the Highlights of Industrial Zoning Regulations of Special Interest to Morgantown Road Action Committee (MRAC)

 

HIGHLIGHTS

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ZONING SECTION 4 -- GENERAL REGULATIONS

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ZONING SECTION 26 -- INDUSTRIAL DISTRICTS - GENERALLY

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ZONING SECTION 27 -- LIGHT INDUSTRY - LI

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ZONING SECTION 28 -- HEAVY INDUSTRY - HI

Note: The version of the code shown below is inclusive of Ordinance No. 99-18:1:, adopted 06/06/01.

ZONING SECTION 4 -- GENERAL REGULATIONS

4.14 PERFORMANCE STANDARDS

No use shall hereafter be established or conducted in any industrial district in any manner in violation of the following standards of performance:

4.14.1 NOISE

All sources of noise (except those not under direct control of occupant of use, such as vehicles) shall be subject to and comply with section 4.18.

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4.14.2 VIBRATION

The produce of displacement in inches times the frequency in cycles per second of earthborne vibrations from any activity shall not exceed the values specified below when measured at the points indicated.

4.14.2.1 METHOD OF MEASUREMENT

Earthborne vibrations shall be measured by means of a three component recording system, capable of measuring vibration in three mutually perpendicular directions.  The displacement shall be the maximum instantaneous vector sum of the amplitude in the three directions.

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4.14.3 GLARE

No direct or sky reflected glare, whether from flood lights or from high temperature processes such as combustion, welding or otherwise, so as to be visible beyond the lot line, shall be permitted except for signs, parking lot lighting and other lighting permitted by this ordinance or required by any other applicable regulation, ordinance or law.  However, in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply.

4.14.4 AIR POLLUTION

Rules of the State Air Pollution Control Board shall apply within Albemarle County.  Such rules and regulations include coverage of:  emission of smoke and other emissions from stationary sources; particulate matter; odor; particulate emission from indirect heating furnaces; open burning; incinerators; and gaseous pollutants.

4.14.5 WATER POLLUTION

Rules of the State Water Control Board shall apply within Albemarle County.

4.14.6 RADIOACTIVITY

There shall be no radioactivity emission which would be dangerous to the health and safety of persons on or beyond the premises where such radioactive material is used.  Determination of existence of such danger and the handling of radioactive materials, the discharge of such materials into the atmosphere and streams and other water, and the disposal of radioactive wastes shall be by reference to and in accordance with applicable current regulations of the Department of Energy, and in the case of items which would affect aircraft navigation or the control thereof, by applicable current regulations of the Federal Aviation Administration, and any applicable laws enacted by the General Assembly of the Commonwealth of Virginia or the requirements of the Virginia Air Pollution Act, whichever is greater.

4.14.7 ELECTRICAL INTERFERENCE

There shall be no electrical disturbance emanating from any lot which would adversely affect the operation of any equipment on any other lot or premises and in the case of any operation which would affect adversely the navigation or control of aircraft, the current regulations of the Federal Aviation Administration shall apply.

4.14.8 CERTIFIED ENGINEER REPORT SUBMITTAL

Each future occupant of an industrial character shall submit to the county engineer as precedent to issuance of a zoning compliance clearance a certified engineer's report describing the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels of emission or discharge to land, air and/or water or liquid, solid or gaseous effluent and electrical impulses and noise under normal operations, and the specifications of treatment methods and mechanisms to be used to control such emission or discharge.  The county engineer shall review the applicant's submittal and make comment and recommendation prior to final commission action on the site development plan.  (Amended 9-9-92)

ZONING SECTION 26 -- INDUSTRIAL DISTRICTS - GENERALLY

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26.7 PERFORMANCE STANDARDS

Each future occupant of an industrial character shall comply with standards set forth in section 4.14 and submit to the county engineer as a part of final site development plan approval, a certified engineer's report describing the proposed operation, all machines, processes, products and by-products, stating the nature and expected levels or emission or discharge to land, air and/or water or liquid, solid or gaseous effluent and electrical impulses and noise under normal operations, and the specifications of treatment methods and mechanisms to be used to control such emission or discharge.  The county engineer shall review the applicant's submittal and make comment and recommendation prior to final commission action on the site development plan.

Subsequent occupants shall comply with the standards of section 4.14 whether or not additional site development plan review is required.

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26.12 SITE PLANNING - EXTERNAL RELATIONSHIPS

Site planning within the district shall provide for protection of individual sites from surrounding adverse influences, and for protection of surrounding areas from adverse influences within the district.

26.12.1 VEHICULAR ACCESS

Vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic.  Pavement widths and strengths of both internal and external roads shall be adequate to accommodate projected traffic generated from the district.

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ZONING SECTION 27 -- LIGHT INDUSTRY - LI

27.1 INTENT, WHERE PERMITTED

LI districts are hereby created and may hereafter be established by amendment to the zoning map to permit industries, offices and limited commercial uses which are compatible with and do not detract from surrounding districts.  Uses and land previously established in industrial limited (M-1) and research and technical manufacturing (RTM) districts, where in conformity to the comprehensive plan, shall be encouraged to develop as active centers of employment on both individual sites as well as within industrial parks.  It is intended that LI districts may be established in areas having all of the following characteristics:

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Areas served by water and sewer facilities or if such facilities are reasonably available;

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Areas served by major highway, rail or air service, or secondary road improved to standards approved by the county; and

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Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development.

27.2 PERMITTED USES

27.2.1 BY RIGHT

Except as otherwise limited by section 27.2.2.10, the following uses shall be permitted in any LI district subject to the requirements and limitations of these regulations:  (Amended 2-13-85)

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9. Contractor's office and equipment storage yard.

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27.2.2 BY SPECIAL USE PERMIT

  1. Laboratories, medical or pharmaceutical.

  2. Airport, helistop or heliport (reference 5.1.1).

  3. Assembly of modular building units.

  4. Moving businesses, including storage facilities.

  5. Warehouse facilities not permitted under section 27.2.1.17. (Amended 12-2-87)

  6. Wholesale business not permitted under section 27.2.1.17. (Amended 12-2-87)

  7. Truck terminal.

  8. Electrical power substations, transmission lines and related towers; gas or oil transmission lines, pumping stations and appurtenances; unmanned telephone exchange centers; micro- wave and radio-wave transmission and relay towers, substations and appurtenances.

  9. Temporary events sponsored by local nonprofit organizations (reference 5.1.27).  (Added 7-7-82)

  10. Uses permitted by right, not served by public water, involving water consumption exceeding four hundred (400) gallons per site acre per day.  Uses permitted by right, not served by public sewer, involving anticipated discharge of sewage other than domestic wastes.  (Added 2-13-85)

  11. Body shops (reference 5.1.31).  (Added 12-7-88)

  12. Towing and storage of motor vehicles (reference 5.1.32). (Added 6-6-90)

  13. Uses listed under section 27.2.1 with subordinate retail sales exceeding fifteen (15) percent of the floor area of the main use.  (Added 2-20-91)

  14. Supporting commercial uses (reference 9.0).  (Added 6-19-91)

  15. Indoor athletic facilities.  (Added 9-15-93)

27.3 MINIMUM AREA REQUIRED FOR ESTABLISHMENT OF DISTRICT

Minimum area required for establishment of an LI district shall be five (5) acres.  Unless otherwise provided in section 26.2, there shall be no minimum area requirements for additions to an established LI district, provided such area to be added adjoins and forms a logical addition to the existing LI district.

27.4 ADDITIONAL REQUIREMENT

In addition to the requirements contained herein, the requirements of section 26.0, industrial districts, generally, shall apply within all LI districts.

ZONING SECTION 28 -- HEAVY INDUSTRY - HI

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28.2 PERMITTED USES 

28.2.1 BY RIGHT

Except as otherwise limited by section 28.2.2.14, the following uses shall be permitted in any HI district subject to the requirements and limitations of these regulations:  (Amended 2-13-85)

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19. Contractor's office and equipment storage yards.

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AlbemarleMatters * For more information contact Brian Wheeler * bwheeler@albemarlematters.com