PUBLIC HEARING AGENDA REQUEST

Sponsor:

 

Board of Supervisors Meeting Date:

Planning Commission

July 13, 2006

 

Staff Lead:

Department:

 

W. Todd Benson, Assistant Zoning Administrator

 

Community Development

 

Topic:

 

A Zoning Ordinance Text Amendment to Sections 3-317 and 15-300 and Adding a New Section 5-1706 to Permit Contractorís Office, Shops, and Material Storage Yards in C-1 and C-3 Districts and to Expand Such Uses to Include Landscaping Businesses, Pest Control Businesses, and Other Similar Businesses as Determined by the Zoning Administrator

 

Topic Description:

 

This proposed text amendment is designed to allow less obtrusive contracting businesses into C-1 and C-3 zones by permitting such uses when they are contained entirely within a building and the building is compatible with other structures in the commercial district.

 

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:

 

Increasingly, staff is witnessing a blurring between simple offices and contractor offices that store equipment and also want to locate within C-1 and C-3 districts. 

The proposed amendment accommodates such uses by increasing the number of zoning districts where they are permitted but limiting them to establishments contained entirely within a building when the building is compatible with other structures in the specified commercial districts.

The proposed amendment also expands the definition of contractorís storage yard to include landscaping businesses, pest control businesses, and other similar businesses as determined by the Zoning Administrator. This proposed amendment was initiated by the Planning Commission on April 27, 2006, with members of the Planning Commission expressing an interest in the regulation of pest management companies. 

In general, applicators of pesticides must be certified as commercial applicators.  Certification requires passing a test administered by the State and complete training approved by the Virginia Pesticide Control Board.  Prior to taking the exam, the applicant must first complete a year as a registered technician.

A Pesticide Business License is required for any person or business operating in Virginia, which, in exchange for compensation, sells, stores, distributes, mixes, applies, or recommends for use, pesticides. A separate Pesticide Business License is required for each business location with insurance showing a minimum of $100,000 for property damage, $100,000 for personal injury to or death of one person, and $300,000 per occurrence.

The Federal Insecticide, Fungicide, and Rodenticide Act provides Federal control of pesticide distribution, sale, and use. EPA was given authority under FIFRA not only to study the consequences of pesticide usage but also to require users (farmers, utility companies, and others) to register when purchasing pesticides.

Through later amendments to the law, users also must take exams for certification as applicators of pesticides. All pesticides used in the U.S. must be registered (licensed) by EPA. Registration assures that pesticides will be properly labeled and that if in accordance with specifications, will not cause unreasonable harm to the environment.

Labeling requirements include specific conditions for application, mixture, and storage. If a pesticide is used in a manner contrary to its labeling, that use constitutes a violation of FIFRA. FIFRA also has an array of other requirements that includes recordkeeping, storage and handling, applicable to pesticide producers (registrants), and certified applicators. The intent of these requirements is to regulate the use and management of pesticides such that these products do not pose an unreasonable risk to human health or the environment.

This proposed text amendment was initiated by the Planning Commission on April 27, 2006. On May 25, 2006, the Planning Commission unanimously voted to recommend approval.

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

Economic Development

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