PUBLIC HEARING AGENDA REQUEST

Sponsor: 

Board of Supervisors Meeting Date:

Planning Commission

 

May 8, 2008

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

Community Development 

Topic:

A Zoning Ordinance Text Amendment to Section 6-102.18 Which Creates an Exception to Section 6-101 to Allow Limited Accessory Uses for Commercial Businesses on an Adjoining Lot to the Business

Topic Description: 

The proposed text amendment to Zoning Ordinance Section 6-102.18 would allow a flagpole associated with a commercial business to be located on an adjoining lot where there is no primary use.

 

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

 

Financial Impact Analysis:

No financial impact analysis has been conducted.

 

Summary Staff Report: 

Article 6 of the Zoning Ordinance limits the types and locations of accessory uses and structures.   One such accessory structure authorized by 6-102.18 is a flagpole.  The general provisions for accessory structures in Section 6-101 limit the location of accessory structures to the same property as the primary use, except that owners of multiple adjoining residential lots may use the additional lots for accessory residential structures.   The exception does not extend to commercial properties, and the owner of  multiple commercial properties may not place accessory structures, including flagpoles, off-premise.  

This issue has been raised because the CFC Farm & Home Center located on Route 17 near Morrisville would like to place a flagpole off-premise, on an adjoining property they own fronting Route 17 next to their off-premise sign.  The Board of Supervisors approved a text amendment in 2006 to allow a single sign to be placed on the off-premise location with approval of a special permit. 

The proposed amendment would allow a single flagpole associated with a commercial business to be located on an adjoining property not utilized for the primary use.   Staff would note that the type of flag allowed on the flagpole would only include flags of the United States, the Commonwealth of Virginia, Fauquier County, other Counties and states and similar flags as listed under Section 8-301.6 of the Zoning Ordinance.  Any other flag would constitute a second off-premise sign and would not be allowed. 

Staff would note that flagpoles are exempt from the height limits of the Zoning Ordinance, but in a district where residences are allowed, the flagpole must be set back from the nearest property line a distance equal to its height pursuant to Section 2-506.  In the case of CFC, the zoning is RA/Rural Agriculture, which does allow residences, therefore the setback requirement for any flagpole will be equal to the height of the flagpole.  Because the CFC parcel is extremely narrow, about 40 feet wide at its largest point, any flagpole will be limited in height to approximately 20 feet on that particular property.

The proposed text amendment was initiated by the Planning Commission on February 28, 2008.   After a public hearing on March 27, 2008, the Planning Commission voted 4-1 to recommend denial of the proposed amendment, Mr. Meadows voting against the motion. 

 

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

Department of Economic Development

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