PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Department of Community Development

February 18, 2003

Staff Lead:

Department: 

Carolyn Bowen, Zoning Administrator

Community Development

Topic: 

Amendment to Section 15-300 (Definitions) of the Zoning Ordinance Regarding Agriculture

Topic Description:

This proposed Zoning Ordinances text amendment would exclude the manufacture, processing and storage of mulch from the definition of agriculture found in Section 15-300 of the Zoning Ordinance.  The amendment also would exclude the sorting and grading of logs and trees cut and imported from other properties as an agricultural use.

Loudoun County recently lost a court decision in a case involving the use of a rural property for the sorting and grading of logs and trees cut on another site.  The County had cited the use as a zoning violation, but the Circuit Court ruled the Loudoun County Zoning Ordinance included forestry in the definition of agriculture and allowed the use.  This proposed text amendment would exclude the two aforementioned uses from the Fauquier County definition on agriculture as found in Section 15-300 (Definitions).  Approving this proposed amendment would ensure these uses would be confined to the Commercial and Industrial Zoning Districts and avoid misinterpretation of the Ordinance.

Planning Commission Review and Recommedation:

The Planning Commission held a public hearing on January 23, 2003 on this proposed text amendment and forwarded with a recommendation for approval.

 

Requested Action of the Board of Supervisors: 

Hold a public hearing and consider the proposed amendment as set forth in Attachment 1.   Staff is recommending the addition of a savings clause to prevent the application of the proposed Ordinance to currently pending applications before the Department of Community Development.

 

 

Financial Impacts Analysis:

No analysis was conducted for this proposed amendment.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Community Development

County Attorney

 Attachment:  Proposed text amendment