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The existing
Zoning Ordinance regulations do not clearly address
Blacksmith Shops or similar artisan shops. In the case
where someone wished to operate such a shop on the property
where they reside, the Ordinance would allow it as a home
occupation, with up to one employee by-right or four
employees as a major home occupation with approval of a
special permit.
The Zoning
Ordinance is less clear regarding where such a use would be
allowed in cases where the proprietor did not live on the
property. One possibility would be to categorize the use
as Heavy Industrial under Section 3-317.5, because
that category does specifically allow “Iron, steel or copper
works for foundries.” However, staff does not believe the
use would be accurately categorized as an iron works or
foundry, because typically such uses are characterized by
mechanized processes involving molds, whereas a blacksmith
forges and shapes metal by hand utilizing an anvil and
hammer. If the use was categorized as Heavy Industrial
it would only be allowed in the I-2 Industrial District, and
with a special exception.
Alternatively, it might be possible to classify the use
under existing regulations as Limited Industrial
under Section 3-316.1. While there is no definition in the
Ordinance for Limited Industrial, Section 3-316.1
elaborates by describing the category as “enclosed
laboratories and facilities for manufacturing, assembling,
research and development.” Blacksmithing and similar crafts
could certainly be considered manufacturing, which is
defined by Webster’s Dictionary as “the
act of making something (a product) from raw materials.”
Limited Industrial uses are currently allowed in
the RA district with approval of a special exception on
parcels of at least 100 acres, and subject to additional
standards.
The issue at
hand is whether a Blacksmith Shop may be appropriate on
smaller rural parcels and/or by-right with special permit
approval rather than by special exception approval. The
issue was raised because staff has been working with the
Cardine family to resolve a number of land use issues
related to a parcel they own at 6588 Balls Mill Road, at its
intersection with Marsh Road/Route 17 in the Cedar Run
District. One of the outstanding issues is a Blacksmith
Shop that was located on the property approximately 4 years
ago in existing agricultural buildings, without approval of
any zoning or building permits.
Staff is
unable to approve the shop under the existing Zoning
Ordinance. Mr. Patrick Cardine, the owner and operator of
the ornamental Blacksmith Shop, does not live on the
property and therefore the use does not qualify as a home
occupation; in any case, with 7 existing employees and an
anticipated growth to 12 employees, the home occupation
limitations would not work for this particular use.
Likewise, the use cannot be approved under the Heavy
Industrial classification because the property is not
zoned I-2, nor can it be approved as Limited Industrial,
as the property does not meet the 100-acre minimum lot
size, as the Cardine property encompasses only 65.41 acres,
with approximately 3.8 of these acres zoned V/Village.
From a
land-use perspective, craftsmen such as Blacksmiths
historically worked within rural areas, so allowing such
uses on parcels less than 100 acres may not be inconsistent
with the County’s goals related to rural preservation. This
text amendment reduces the minimum lot size for Blacksmith
Shops and similar artisan shops from 100 acres to 50
acres. The amendment would also allow the use to be
approved by special permit rather than special exception,
but limits the size of the shop to a maximum of 12
employees. (Larger shops would still be allowed on parcels
of 100 acres or more, with special exception approval.)
The existing standards for such limited industrial uses are
retained and provide additional protections related to
traffic, building design and impacts on adjoining
properties.
Process &
Planning Commission Recommendation
The Board of
Supervisors initiated the proposed text amendment at its
March 12, 2009 meeting. The Planning Commission held an
initial public hearing on April 30, 2009, and a second
public hearing on May 28, 2009. The Planning Commission has
recommended changes to the amendment to allow only
Blacksmith Shops rather than including the broader category
of “similar artisan shops” in order to protect rural areas
from an incursion of additional uses.
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