Gloucester, VA Zoning Codes For Containers, 2014

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Gloucester, VA Zoning Codes For Containers, 2014. Present and proposed county ordinances for storage containers within Gloucester County, Virginia. Part of a news article on Gloucester, Virginia Links and News website.

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Gloucester, VA Zoning Codes For Containers, 2014

  1. 1. AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON TUESDAY, MARCH 4, 2014 IN THE COLONIAL COURTHOUSE, 6504 MAIN STREET GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY _________________, AND SECONDED BY _________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE: Phillip N. Bazzani, ___; Ashley C. Chriscoe, ____; Christopher A. Hutson, ____; Andrew James, Jr., ____; John C. Meyer, Jr., ___; Robert J. Orth, ____; Michael R. Winebarger, ____; AN ORDINANCE TO AMEND APPENDIX B – ZONING OF THE CODE OF GLOUCESTER COUNTY, VIRGINIA, BY AMENDING ARTICLE 2 – DEFINITIONS, SECTION 2-2 – DEFINITIONS; AND BY AMENDING ARTICLE 9 - SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 9-3 TEMPORARY BUILDINGS, CONSTRUCTION TRAILERS, MANUFACTURED HOMES, AND TRAVEL TRAILERS AND ADDING SECTION 9-24 - TEMPORARY FAMILY HEALTH CARE STRUCTURES AND SECTION 9-25 - FREIGHT CONTAINERS WHEREAS, the Gloucester County Planning Commission’s purpose is to promote orderly development and advise the governing body on ways to improve the public health, safety, convenience and welfare of the citizens of the County as authorized pursuant to Virginia Code Section 15.2-2200; and WHEREAS, the Gloucester County Planning Commission was informed that the use of various types of portable storage containers and shipping or cargo containers was not addressed in the Zoning Ordinance; and that Section 14-21 of the Zoning Ordinance provides: “In any district, uses not specifically permitted shall not be allowed. Persons desiring inclusion in the zoning ordinance of a use not specifically permitted may apply for an amendment to the ordinance, in accordance with the procedures set forth herein;” and WHEREAS, the Gloucester County Planning Commission developed and reached consensus on a list of definitions and recommendations which would provide for processes by which to allow for the use of shipping containers for storage as a permitted use in certain districts, and for the use of temporary portable storage containers in various circumstances; and WHEREAS, the Gloucester County Planning Commission recommended providing for the use of “temporary family health care structures” as part of the proposed amendments to comply with Virginia Code Section 15.2-2292.1; and Ordinance Recommended by PC - January 2, 2014 1 Page 126
  2. 2. WHEREAS, the proposed ordinance is consistent with several goals in Gloucester County’s Comprehensive Plan, including: upgrading regulations as growth and development patterns warrant; encouraging efficient and attractive commercial development to provide convenient access to goods and services, increase the number of local jobs for County residents, and broaden the economic base of the County; encouraging housing of various types by considering revisions to the land development and construction codes to reflect new techniques and innovations in order to facilitate housing development, rehabilitation and construction; and encouraging quality by regulating the design of industrial areas to promote and retain high standards of community appearance; and WHEREAS, the Gloucester County Planning Commission prepared a draft ordinance amendment and held a public hearing on January 2, 2014, voting 8-0 (with 3 absent and 2 vacancies) to forward the ordinance amendment to the Gloucester County Board of Supervisors with a recommendation of approval; and WHEREAS, the Gloucester County Board of Supervisors has held a duly advertised public hearing and is of the opinion that public necessity, convenience, general welfare, and good zoning practice will be furthered by such an amendment. NOW, THEREFORE Supervisors of Gloucester Gloucester County Code, Definitions; and Article 9 follows: BE IT ORDAINED AND ENACTED, by the Board of County, Virginia, this ___ day of ___, 2014, that the Appendix B, Article 2 – Definitions, Section 2-2 – - Supplementary District Regulations, be amended as APPENDIX B – ZONING Add the following definitions to Appendix B – Zoning – Article 2 – Section 2-2 Definitions: Caregiver: An adult who provides care for a mentally or physically impaired person within the Commonwealth. A caregiver shall be either related by blood, marriage, or adoption to or the legally appointed guardian of the mentally or physically impaired person for whom he is caring. Freight containers: Portable, weather resistant receptacles designed for the multi-modal shipment of goods, wares, or merchandise. This definition includes shipping containers, cargo containers, and similar containers designed for multi-modal transport. This definition does not include trailers, travel trailers, tractor trailers, truck bodies, manufactured homes, motor vehicles, and similar transportable units. Ordinance Recommended by PC - January 2, 2014 2 Page 127
  3. 3. Mentally or physically impaired person: A person who is a resident of Virginia and who requires assistance with two or more activities of daily living, as defined in Virginia Code Section 63.2-2200, as certified in writing provided by a physician licensed by the Commonwealth. Temporary family health care structure: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation; (ii) is limited to one occupant who shall be the mentally or physically impaired person or, in the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in Virginia Code Section 63.2-2200, as certified in writing by a physician licensed in the Commonwealth; (iii) has no more than 300 gross square feet; and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Virginia Code Section 36-70 et seq.) and the Uniform Statewide Building Code (Virginia Code Section 36-97 et seq.). Placing the temporary family health care structure on a permanent foundation shall not be permitted. Temporary portable storage container: A fully enclosed box-like container designed to permit ease of loading to and from a transport vehicle and for temporary storage purposes on a site (typically known as PODS, MODS, etc.). This definition does not include trailers, travel trailers, tractor trailers, truck bodies, manufactured homes, motor vehicles, and similar transportable units. Temporary portable waste collection container: A container designed or used on a property for the collection and hauling of waste or debris including but not limited to roll-off containers or boxes and bin containers (dumpsters). Amend Appendix B – Zoning - Article 9 - SUPPLEMENTARY DISTRICT REGULATIONS Section 9-3 Temporary buildings, construction trailers, manufactured homes, and travel trailers as follows: Sec. 9-3. Temporary buildings, construction trailers, temporary portable storage containers, temporary portable waste collection containers, manufactured homes, and travel trailers. Temporary buildings, construction trailers, temporary portable storage containers, temporary portable waste collection containers, and manufactured homes used in conjunction with construction work only, may be permitted in any district during the period when construction work is in progress, as shown by possession of a valid building permit, but such temporary facilities shall be removed upon completion of the construction work. Temporary structures and containers Ordinance Recommended by PC - January 2, 2014 3 Page 128
  4. 4. placed on the property during construction shall not interfere with the access or mobility of any actively used site or structure. Manufactured homes used as temporary residence during construction or reconstruction of a permanent residential structure may be permitted for up to twelve (12) months upon approval by the zoning administrator. Extension(s) of six (6) months may be granted at the discretion of the zoning administrator. For the first six (6) months of the initial twelve (12) month period, no building permit for the reconstruction or repair of a permanent residential structure damaged or destroyed, as to be uninhabitable, by fire or natural disaster shall be required until the commencement of said reconstruction or repair. Travel trailers (recreational vehicles) used as temporary residence during reconstruction of a permanent residence damaged, as to be uninhabitable, by fire or other natural hazard may be permitted for up to twelve (12) months upon approval of the zoning administrator. For the first six (6) months of the initial twelve (12) month period, no building permit for the reconstruction or repair of a permanent residential structure damaged or destroyed, as to be uninhabitable, by fire or natural disaster shall be required until the commencement of said reconstruction or repair. Extension(s) of six (6) months may be granted at the discretion of the zoning administrator. The issuance of a zoning permit by the zoning administrator for travel trailers (recreational vehicles) to be used as temporary residences shall be subject to the following requirements: (1) (2) (3) (4) The travel trailer (recreational vehicle) shall be placed no closer than five (5) feet to any lot line. Sanitary (water and sewer) and electrical connections shall be provided by the applicant(s), be quick disconnect and conform to county and state regulations. The inhabitants shall evacuate themselves and/or the travel trailer (recreational vehicle) when climatic conditions warrant, and within four (4) hours of notification by federal, state or local authorities. The owner(s) shall acknowledge and agree to hold harmless the county from liability for any fire, theft, or casualty loss associated with the temporary use. The travel trailer (recreational vehicle) shall be disconnected from sanitary and electrical connection, and shall cease to be used as a temporary residence, upon the earlier of either completion of the reconstruction of the permanent residence or the expiration of the permit. Temporary portable storage containers shall be allowed for short term use accessory to a legally permitted use under the following conditions: (1) (2) (3) A minimum five (5) foot setback from any property line. A maximum of thirty (30) days of temporary accessory use without a permit. Only one (1) such container per parcel. Ordinance Recommended by PC - January 2, 2014 4 Page 129
  5. 5. (4) The thirty (30) day time period may be extended in response to a written request to the zoning administrator showing reasonable cause. Amend Appendix B – Zoning - Article 9 - SUPPLEMENTARY DISTRICT REGULATIONS by adding Section 9-24. Temporary family health care structures and Section 9-25. Freight containers and Section 9-26. Portable Storage Containers. Sec. 9-24. Temporary family health care structures. The following requirements shall apply to temporary family health care structures: (1) (2) (3) (4) (5) (6) (7) Temporary family health care structures shall be permitted as an accessory use in any zoning district which permits single family detached dwellings as a principal use. Such structures shall comply with all setback requirements that apply to the primary structure. Only one (1) family health care structure shall be allowed on a lot or parcel of land. Any temporary family health care structure installed pursuant to this section may be required to connect to any water, sewer, and electric utilities that are serving the primary residence on the property and shall comply with all applicable requirements of the Virginia Department of Health. A Zoning Permit shall be required prior to the installation of a temporary family health care structure and, in addition to the requirements of Section 15-2, the application shall contain evidence of compliance with this section including: a. The relationship of the caregiver to the occupant(s) of the temporary family health care structure; and b. Written certification provided by a physician licensed by the Commonwealth establishing that the occupant(s) of the temporary family health care structure meet the criteria established in Virginia Code Section 15.2-2292.1. No signage advertising or otherwise promoting the existence of the structure shall be permitted either on the exterior of the temporary family health care structure or elsewhere on the property. Evidence of compliance with this section must be provided annually on the anniversary date of the initial zoning approval, including a current written certification by a physician licensed by the Commonwealth as long as the temporary family health care Ordinance Recommended by PC - January 2, 2014 5 Page 130
  6. 6. (8) (9) structure remains on the property. Such evidence may involve the inspection of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to any annual compliance confirmation. Any temporary family health care structure installed pursuant to this section shall be removed within sixty (60) days of the date on which the temporary family health care structure was last occupied by a mentally or physically impaired person receiving services or in need of the assistance provided for in this section. The applicant shall notify the County upon removal of the temporary family health care structure and provide for proper disconnection of all any water, sewer, electric and other utilities that served the structure. The zoning administrator may revoke the zoning permit if the permit holder violates any provision of this section. Additionally, the county may seek injunctive relief or other appropriate actions or proceedings in the circuit court to ensure compliance with this section. The zoning administrator is vested with all necessary authority on behalf of the Board of Supervisors to ensure compliance with this section. Sec. 9-25. Freight containers. The following requirements shall apply to freight containers: (1) (2) Storage of freight containers. a. Freight containers may only be stored in a legally established truck and freight terminal as defined and permitted by this ordinance. b. Freight containers that have transported goods to a site may be used for the temporary storage of such transported goods as an accessory use to a legally established principal use in industrial and business districts subject to the following conditions: i. The location of the temporary storage area shall be noted on the site plan or plot plan establishing the principal use of the site. ii. The temporary storage area shall not be visible from a public right of way or from any residential use or district. iii. The use of the freight containers for temporary storage shall not exceed three (3) months. iv. Freight containers shall not be stacked. v. Freight containers shall not be converted into permanent structures or use for permanent storage without a zoning permit (see Section 9-25(2)). Freight containers used only for storage of goods and equipment. Ordinance Recommended by PC - January 2, 2014 6 Page 131
  7. 7. (3) a. Freight containers used only for storage of goods and equipment, with no improvements or modifications of any kind, shall be permitted as an accessory use to a lawfully established principal use in compliance with the requirements of this chapter for accessory uses and structures subject to following conditions: i. Freight containers shall not be stacked. ii. Freight containers shall not be visible from any public right of way or adjoining residentially zoned property. iii. The exterior of the freight container shall be maintained structurally intact. iv. No more than one (1) freight container shall be allowed on a residential lot less than two (2) acres in area; no more than two (2) freight containers shall be allowed on residential lots between two (2) acres and five (5) acres in area; and a maximum of five (5) storage containers shall be allowed on residential lots over five (5) acres in area. Regardless of the number of containers, their placement must comply with the provisions of this ordinance and all other requirements of the county code for accessory structures. v. There is no maximum number of freight containers permitted to be used as storage accessory to permitted agricultural, commercial or industrial uses, provided the placement of the containers complies with the provisions of this ordinance and all other requirements of the county code for accessory structures. b. Modifications to, or the use of, freight containers for a use other than the storage of goods and equipment of a nature customarily incidental and subordinate to use of the principal structure and for the benefit or convenience of the owners, occupants, or employees of the principal use are not permitted pursuant to this section. Freight containers used for storage during construction. a. Freight containers may be used in all zoning districts for the temporary storage of construction-related materials on a building site for which a building permit and/or land disturbance permit has been issued. The application for such permit shall contain express reference to the proposed use of the freight container for storage purposes. b. Freight containers used for storage during construction are subject to the following conditions: i. Freight containers shall not be stacked. ii. Freight containers shall be placed in locations that minimize their visibility from the public street or right-ofway and adjacent residential properties. iii. Freight containers shall not be placed in the public street or right-of-way or block public access or fire hydrants. iv. The storage of hazardous materials is prohibited. A hazardous material is defined as substances or materials Ordinance Recommended by PC - January 2, 2014 7 Page 132
  8. 8. (4) which may pose unreasonable risks to health, safety, property, or the environment when used, transported, stored or disposed of, which may include materials which are in solid, liquid, or gaseous form. v. Freight containers shall be sealed against leakage and maintained in structurally sound condition. vi. Freight containers shall only be allowed for temporary storage during construction. vii. Freight containers shall be removed upon completion of construction and prior to the issuance of a certificate of use and occupancy. Modification and/or use of freight containers other than as permitted above is prohibited unless the proposed modification and use conforms to any and all requirements of Uniform Statewide Building Code (USBC), the Gloucester County Code of Ordinances and any other applicable local, state, or federal requirements for the use to be established. A Copy Teste: _________________________________________ Brenda G. Garton, County Administrator Ordinance Recommended by PC - January 2, 2014 8 Page 133
  9. 9. Department of Planning & Zoning County Building Three - 6582 Main Street P. O. Box 329 Gloucester, Virginia 23061 Phone (804) 693-1224 Fax (804) 693-7037 M E M O R A N D U M TO: Members of the Board of Supervisors CC: Ted Wilmot, County Attorney Brenda Garton, County Administrator FROM: Anne Ducey-Ortiz, Director of Planning & Zoning DATE: January 6, 2014 SUBJECT: Proposed Code Amendment and Public Hearing Notice for CA-13-02Ordinance regarding the use containers and temporary family health care structures The Planning Commission is recommending modifications to the zoning ordinance to allow for various portable containers to be used in the County. The current code does not address the use of various portable containers and cargo containers and, therefore, under the zoning ordinance, Section 14-21, “In any district, uses not specifically permitted shall not be allowed.” The use of cargo containers has been observed in many locations in the County and the Virginia Department of Housing and Community Development’s Board of Housing and Community Development is considering exempting them from the Uniform Statewide Building Code (USBC) if they are used solely for storage. Therefore, staff requested that the Planning Commission address this use and provide a recommendation to the Board regarding the use of cargo containers in the zoning ordinance. The commission is also recommending revisions to the zoning ordinance to comply with the State Code for “temporary family health care structures.” The Planning Commission established a subcommittee to work on recommendations to address the use of cargo containers as structures. The subcommittee’s recommendation was based on examples of ordinances from other localities and recommended restricting the use of these containers to only industrial and agricultural districts. However, after listening to the discussion from the commission members, as well as talking to other members of the staff and the community at large, the recommendations were changed to allow them in all districts under certain conditions. Containers are commonly used in a variety of applications and, as the topic was discussed internally and externally, it was clear that there are many such containers currently being used throughout the County with few, if any, complaints. By defining a freight container, used for storage only and not modified in any way, as a type of accessory structure, it can be regulated the same way other accessory structures are regulated. Page 134 -1-
  10. 10. The following is a summary of the proposed ordinance which, after much deliberation, has been recommended by the Planning Commission for adoption. • Temporary family health care structures (also known as medi-cottages) are defined based on state code definitions and permitted as required by state code. • Temporary portable waste collection containers and temporary portable storage containers are defined and included with other temporary facilities under Supplemental District Regulations - Sec. 9-3 of the Zoning Ordinance. The temporary use (30 days) of storage containers is exempt from a permit - the use can be extended with approval from the Zoning Administrator. • Freight containers, shipping containers and other similar containers are defined and their use categorized four ways - first, based on their actual purpose for multimodal shipment and the ordinance already addresses where the storage of these containers would be permitted in the I-1 Industrial District (truck and freight terminal). • Based on review of other localities’ ordinances and discussion with other staff, a section was included regarding allowing freight containers to be temporarily stored in association with a legally permitted use - such as Wal-Mart or Canon. A three (3) month time period was established based on Chesapeake’s ordinance. Like other time-based sections of the ordinance, the time period provides a basis for addressing violations if they become a problem. Without a permit, there is no way to actually know how long a container has been stored on a property. However, if staff receives a complaint about a container being an eye-sore and being used in a manner not prescribed in the ordinance, the complaint can be processed using this code section. • The ordinance proposes the use of freight containers, for storage only, to be permitted as an accessory structure (which is defined in the zoning ordinance and relates to the principal use of the site 1). In addition to those conditions proposed under this subsection, a freight container used as a storage structure would have to comply with all other sections of the zoning ordinance, including setbacks and allowable uses. It would have to comply with the architectural standards of the Highway Corridor Overlay District and would not be permitted to be “visible to any district zoned for agricultural, residential, or office use, or would [be] visible from any public right-of-way” since a freight container would be considered to “consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building”. • Based on a suggestion from the Commission, the number of Cargo Containers permitted on residential lots was based on lot size instead of zoning district. A sliding scale was used with a maximum of five (5) containers on any residential lot. No limit is provided for agricultural, commercial or industrial districts, but the placement on the property must comply with all other sections of the county code as would any accessory structures (setbacks, HCOD, Chesapeake Bay Preservation Ordinance, etc.). 1 Accessory use or structure: A use or structure on the same lot or on a contiguous lot, in the same ownership, and of a nature customarily incidental and subordinate to, the principal structure and operated and maintained for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the zoning lot with the principal use. Page 135 -2-
  11. 11. • The temporary use of freight containers for storage during construction was included in the ordinance. Removal would be upon completion of construction and prior to the Certificate of Occupancy. • Any modification and/or use of freight containers other than as permitted above are prohibited unless it meets Uniform Statewide Building Code (USBC). So, the exemptions for an accessory structure are only for unmodified storage containers no electric, no additions, not used as an office or for habitation, etc. If someone wanted to convert a storage container into a building for a use other than storage through modifications and additions, such a building would have to comply with the building code and be certified by an engineer for the use proposed. The proposed amendments are consistent with several goals in the Gloucester County’s Comprehensive Plan, including: upgrading regulations as growth and development patterns warrant; promoting high quality of standards of residential housing and sound housing for all residents (medi-cottages), encouraging efficient and attractive commercial development to provide convenient access to goods and services (containers not visible from any public right of way), increasing the number of local jobs for County residents, and broadening the economic base of the County (allowing more uses); encouraging housing of various types by considering revisions to the land development and construction codes to reflect new techniques and innovations in order to facilitate housing development rehabilitation and construction (use of containers during construction); and encouraging quality by regulating the design of industrial areas to promote and retain high standards of community appearance (not visible from the right of way). The proposed ordinance is meant to allow for flexibility and the ability to use one’s property while protecting the concerns of how such uses may impact property values and the County’s commercial corridors. As containers become more available and inexpensive, it is anticipated that they will be more widely used throughout the county. With the adoption of an ordinance to address their use, the County will be in a better position to accommodate this use without negatively impacting existing property values. The Commission held a public hearing on the proposed ordinance on January 2, 2014. No one spoke in favor or against. We received one email questioning the use of medi-cottages. The Commission voted unanimously to send the ordinance to the Board with a recommendation for approval with the following vote: Name Lawrence Dame, Chair LTC. Thomas H. Arnold Dr. Keith Belvin Mark Holthaus, Vice Chair Amy E. Jacobson Natalie Johnson Christopher Poulson Kenneth B. Richardson Louis E. Serio, Jr. Mark Strawn Adam Taylor Vacant (BOS) Vacant (At Large) Vote Yes Yes Yes Yes Yes Yes Absent Yes Yes Absent Absent Page 136 -3-
  12. 12. PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on March 4, beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following: AN ORDINANCE TO AMEND APPENDIX B – ZONING OF THE CODE OF GLOUCESTER COUNTY, VIRGINIA, BY AMENDING ARTICLE 2 – DEFINITIONS, SECTION 2-2 – DEFINITIONS; AND BY AMENDING ARTICLE 9 - SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 9-3 TEMPORARY BUILDINGS, CONSTRUCTION TRAILERS, MANUFACTURED HOMES, AND TRAVEL TRAILERS AND ADDING SECTION 9-24 - TEMPORARY FAMILY HEALTH CARE STRUCTURES AND SECTION 9-25 - FREIGHT CONTAINERS The proposed changes to the Zoning Ordinance are amendments to address the use of various types of portable containers for temporary storage and to allow freight containers used exclusively for storage to be regulated as accessory structures. The proposed ordinance also addresses the use of temporary health care structures based on the requirements stated in Virginia Code Section 15.22292.1. A complete copy of draft ordinance amendment is available and may be reviewed at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Hayes, Virginia, and on the County’s website at www.gloucesterva.info. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042. Brenda G. Garton County Administrator Page 137
  13. 13. 2/10/2014 Proposed Code Additions Board of Supervisors Public Hearing March 4, 2014 Cargo/Shipping Containers • Currently not a permitted “use” • Zoning and building code are currently consistent – need to meet USBC for any use other than shipping • Upcoming changes to USBC will exempt them from USBC for storage • Without changing our Zoning ordinance, they would still not be permitted • They are currently being used throughout the county! Page 138 1
  14. 14. 2/10/2014 Issue presented to the PC at June meeting Established ad-hoc committee • Met in August and September Reported back to PC in October Changed Direction in November Containers as Accessory Structures Finalized draft proposal in December Public Hearing in January 2014 Cargo Containers Temporary personal on-demand storage Medical cottages Page 139 2
  15. 15. 2/10/2014 Shipping, cargo, freight containers or Conex boxes are different names for the same thing: A large container usually 40’ in length that is transported on a ship, rail line or truck. Containers you can rent to help you move your personal belongings or store them during renovation. Page 140 3
  16. 16. 2/10/2014 Medical cottages are relatively new to Virginia. The have been called MediCottages or Granny-pods in the media. An option for providing care to a family member at home. Page 141 4
  17. 17. 2/10/2014 Many areas overseas and in some areas of the U.S. allow for the use of cargo containers for modular homes, tiny house living, and as components of an overall larger project. Addressing uses for each Page 142 5
  18. 18. 2/10/2014 Virginia Code Section 15.2-2292.1 - Zoning provisions for temporary family healthcare structures. Provides that zoning ordinances for all purposes shall consider temporary family healthcare structures (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver at his residence as a permitted accessory use in any single-family residential zoning district. Such structures shall not require a special use permit or be subjected to any other local requirements beyond those imposed upon other authorized accessory structures. Same as State Code • 300sf or less • Meets Industrialized Building Safety Law and Uniform Statewide Building Code • No permanent foundation • Remove within 60 days of the date last occupied Allowed all districts which allow single family homes • SF-1, SC-1, C-2, B-2, RC-1, and RC-2 Primary Structure Setbacks •3 models: 288 sq ft - 299 sq ft - 605 sq ft •Electricity and water connected directly to homeowner's utilities •A kitchen with a small refrigerator, microwave, and medication dispenser. •Bedroom and additional accommodation for a caregiver's visit. •The bathroom is handicapped accessible Page 143 6
  19. 19. 2/10/2014 Definition: A container designed or used on a property for the collection and hauling of waste or debris including but not limited to roll-off containers or boxes and bin containers (dumpsters). Definition: Temporary portable storage container: A fully enclosed box-like container designed to permit ease of loading to and from a transport vehicle and for temporary storage purposes on a site (typically known as PODS, MODS, etc.). This definition does not include trailers, travel trailers, tractor trailers, truck bodies, manufactured homes, motor vehicles and similar transportable units. Page 144 7
  20. 20. 2/10/2014 Added to Section 9-3 with other temporary uses currently allowed: Temporary buildings, construction trailers, temporary portable storage containers, temporary portable waste collection containers, and manufactured homes used in conjunction with construction work only, may be permitted in any district during the period when construction work is in progress, as shown by possession of a valid building permit, but such temporary facilities shall be removed upon completion of the construction work. Temporary structures and containers placed on the property during construction shall not interfere with the access or mobility of any actively used site or structure. Temporary portable storage containers shall be allowed for short term use accessory to a legally permitted use under the following conditions: (1) A minimum five (5) foot setback from any property line. (2) A maximum of 30 days of temporary accessory use without a permit. (3) Only one such container per parcel. (4) The 30 day time period may be extended in response to a written request to the zoning administrator showing reasonable cause. No permit is needed for temporary storage– misuse would be addressed by complaints Page 145 8
  21. 21. 2/10/2014 Definition: • Freight containers: Portable, weather resistant receptacles designed for the multi-modal shipment of goods, wares or merchandise. This definition includes shipping containers, cargo containers, and similar containers designed for multimodal transport. This definition does not include trailers, travel trailers, tractor trailers, truck bodies, manufactured homes, motor vehicles and similar transportable units. Storage of Freight Containers used for transport – traditional use Freight Containers used for storage as an accessory structure Freight Containers used for storage during construction Modified for another use Page 146 9
  22. 22. 2/10/2014 Truck and freight terminal – permitted in I-1 Industrial Zoning District Temporary and accessory to a permitted use in business and industrial districts: • • • • • Location established on plan Not visible 3 months Not stacked Not converted to permanent without permit Accessory use • A use or structure on the same lot or on a contiguous lot, in the same ownership, of a nature customarily incidental and subordinate to, the principal structure and operated and maintained for the benefit or convenience of the owners, occupants, employees, customers, or visitors of the zoning lot with the principal use Page 147 10
  23. 23. 2/10/2014 a.Freight containers used only for storage of goods and equipment, with no improvements or modifications of any kind, shall be permitted as an accessory use to a lawfully established principal use in compliance with the requirements of this chapter for accessory uses and structures subject to following conditions: Freight containers shall not be stacked. II. Freight containers shall not be visible from any public right of way or adjoining residentially zoned property. III. The exterior of the freight container shall be maintained structurally intact. I. IV. Residential Lots: • No more than one (1) freight container shall be allowed on a residential lot less than two (2) acres • No more than two (2) freight containers on residential lots between two (2) acres and five (5) acres, • A maximum of five (5) storage containers shall be on residential lots over five (5) acres. • Regardless of the number of containers, their placement must comply with the provisions of this ordinance and all other requirements of county code for accessory structures* V. There is no maximum number of freight containers permitted to be used as storage accessory to permitted agricultural, commercial or industrial uses provided the placement of the containers comply with the provisions of this ordinance and all other requirements of county code for accessory structures.* *Storm water, Setbacks, Chesapeake Bay, Zoning (HCOD) Page 148 11
  24. 24. 2/10/2014 1. No building exterior (whether front, side, or rear) which would be visible to any district zoned for agricultural, residential, or office use, or would be visible from any public right-of-way shall consist of architectural materials inferior in quality, appearance, or detail to any other exterior of the same building. Nothing in this section shall preclude the use of different materials on different building exteriors, but rather shall preclude the use of inferior materials on sides which face adjoining property 2. No portion of a building constructed of unadorned concrete block or corrugated and/or sheet metal shall be visible from any adjoining agricultural, residential, or office district or any public right-ofway. No building exterior shall be constructed of unpainted concrete block or corrugated and/or sheet metal. Part of application for BP/LDP Conditions • • • • • • • No stacking Minimize visibility Not blocking access No hazardous materials Structurally sound Temporary Storage Removed upon completion of construction and prior to CO and occupancy Page 149 12
  25. 25. 2/10/2014 No different than developing a site or building a structure using other building materials Comply with USBC and other codes (HCOD) The Commission held a public hearing on the proposed ordinance on January 2, 2014. No one spoke in favor or against. We received one email questioning the use of medi-cottages. The Commission voted unanimously to send the ordinance to the Board with a recommendation for approval with the following vote: Name Lawrence Dame, Chair LTC. Thomas H. Arnold Dr. Keith Belvin Mark Holthaus, Vice Chair Amy E. Jacobson Natalie Johnson Christopher Poulson Kenneth B. Richardson Louis E. Serio, Jr. Mark Strawn Adam Taylor Vacant (BOS) Vacant (At Large) Vote Yes Yes Yes Yes Yes Yes Absent Yes Yes Absent Absent Page 150 13
  26. 26. 2/10/2014 Page 151 14

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