ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTIONS 3-316 AND 5-1704 TO ALLOW, IN THE RA, RC, I-1 AND I-2 ZONING DISTRICTS,  STORAGE OF UP TO 100 POUNDS OF EXPLOSIVES PURSUANT TO AN ADMINISTRATIVE PERMIT AND GREATER AMOUNTS SUBJECT TO A SPECIAL EXCEPTION, TO CLARIFY THAT CERTAIN AMMUNITION IS NOT SUBJECT TO REGULATION, AND TO SPECIFY REQUIRED MAGAZINES AND SETBACKS

  

WHEREAS, on May 26, 2005, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and

 

WHEREAS, on July 14, 2005, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

 

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

 

ORDAINED by the Fauquier County Board of Supervisors this 14th day of July 2005, That Section 5-1704 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

 

5-1704 Additional Standards for Explosives Storage in the RA, RC, I-1 and I-2

Zoning Districts

 

1.      Except as modified below, the County adopts and incorporates herein the Virginia Statewide Fire Prevention Code as it relates to the storage of explosives and fireworks.

 

2.      Approval Process

 

a.      Storage of explosives in amounts under 100 pounds may be authorized by an Administrative Special Permit.

 

1)      Prior to issuing a permit, the Zoning Administrator shall seek the advice and counsel of the Fire Marshal and the Sheriff.

 

2)      No permit shall be issued for storage of high explosives or low explosives in quantities of fifty pounds or more unless the applicant is licensed by the Bureau of Alcohol, Tobacco, and Firearms and the Fauquier County Fire Marshal.

 

b.   Storage of explosives in amounts greater that 100 pounds shall be authorized by special exception.

 

c.   Neither a permit nor a special exception is required to store small arms ammunition, the possession and storage of not more than fifteen pounds of commercially manufactured sporting black powder, twenty pounds of smokeless powder, or under  10,000 small arms primers for hand loading of small arms  ammunition for personal consumption.

 

d.   Neither a permit nor a special exception is needed to store ammunition, low explosives, black  powder, and ammunition components for retail sale by a licensed retailer of firearms with a fixed place of business in the County other than his home.  

 

3.   All high explosives and low explosives in quantities of fifty pounds or more shall be stored in Type 1 or Type 2 magazines.

 

4.1.Magazine setbacks from all property lines shall be in a minimum of that distance required to unbarricaded public highways with traffic volume less than 3,000 vehicles per day buildings as set forth in the Virginia Statewide Fire Prevention Code. by the Rules and Regulations Governing Manufacture, Storage, Handling, Use and Sale of Explosives as adopted by The Safety and Health Codes Commission of the Commonwealth of Virginia.

 

52.Storage must be in compliance with all applicable Federal and State regulations.

 

63.Applicant Any person storing any high explosive or low explosives in quantities of fifty pounds or more shall file with the Board of Supervisors annually a Certificate of Insurance which shows that the applicant has adequate liability insurance which liability insurance shall in no case be less than One Million ($1,000,000.00) Dollars combined single limit for bodily injury and property damage.

 

4. Class I magazines shall be used for the storage of explosives when quantities are in excess of fifty (50) pounds of explosive material.

 

5. Class II magazines may be used for temporary storage of less than fifty (50) pounds of explosives at the site of blasting operations or where such amount constitutes not more than one day's supply for use in current operations. In no case shall a Class II magazine be used for overnight storage.

 

7.   An eight (8) foot chain link fence or a six (6) foot chain link fence with three (3) strands of barbed wire around the top shall be provided on all four sides of a Class Type I magazine, so as to fully encircle a Class I magazine installation. The fence shall have a gate equipped with case-hardened locks and clasps.

 

8.      Applicant Any person storing any high explosive or low explosives in quantities of fifty pounds or more shall be required to obtain an annual inspection by the Fauquier County Fire Marshal and shall file annually with the Zoning Administrator a copy of the permit issued by the Fauquier County Fire Marshal as well as the permit issued by the Bureau of Alcohol, Tobacco, and Firearms.