PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Planning Commission

October 20, 2003

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

Community Development

Topic: 

An Ordinance Adopting Text Amendments to Sections 3-317.1 and 3-317.2 of the Fauquier County Zoning Ordinance in Order to Eliminate Salvage Yards From Those Sections

Topic Description:

 The Zoning Ordinance currently does not define salvage yards, leaving a wide interpretation for the parameters for that use, and raising issues as to the distinction between a “salvage yard” and a “junk yard.”  The Planning Commission examined two possible options for text amendments.  The first option was to add a definition for “salvage yard” in Section 15-300 (Definitions) of the Ordinance.  The alternative, which the Commission has recommended, is to eliminate salvage yards as a separate use as now found in Sections 3-317.1 and 3-317.2 of the Zoning Ordinance.  Almost all other Virginia , regional and national zoning ordinances use the terms salvage yard and junk yard interchangeably, and the Commission felt that was a proper interpretation for the Fauquier County Zoning Ordinance.   

Eliminating salvage yard as a separate use in the aforementioned sections, also would preclude the possibility of that use being located in the Rural Agriculture and Rural Conservation zoning districts.  Junk yards are restricted to the Industrial-2 zoning district following special exception and site plan approval.  If the Board supports the option of eliminating the separate use, then the need for a definition to delineate the parameters for a salvage yard is no longer needed.  

Planning Commission Action:  

The Planning Commission initiated this text amendment, and held a public hearing on the amendment on September 25, 2003 .   At the September 25, 2003 meeting, the Planning Commission voted to forward the Zoning Ordinance text amendment to the Board of Supervisors with a recommendation for eliminating “salvage yard” as a separate use in the zoning ordinance.  

Refer to the subsequent staff analysis section for a more complete discussion of the issue and options.  

Staff Analysis:  

‘Salvage Yard’ vs. ‘Junk Yard’  

The Fauquier County Zoning Ordinance distinguishes between ‘salvage yard’ and ‘junk yard,’ listing each as separate uses in the use table in Article 3.  While a ‘junk yard’ is allowed only in the I-2 zoning district, and only with a special exception, a ‘salvage yard’ is also allowed in the I-1, RA and RC zoning districts.  Depending on the zoning district, and the size of the use, a salvage yard is permitted either by-right, with a special permit or with a special exception.  (See table below.)  

A ‘junkyard’ is specifically defined in the ordinance:  

Junkyard:  The use of any space outside a building for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or for the dismantling, demolition or abandonment of automobiles or other vehicles or machinery or parts thereof; provided, that this definition shall not apply to outside storage as permitted as an accessory use under the provisions of 6-102.  A junkyard shall also be inclusive of an automobile graveyard.

“Salvage yard” is not defined in the ordinance.  Because a ‘salvage yard’ and a ‘junk yard’ are two different terms commonly used to describe the same sort of use, and because the ordinance does not define ‘salvage yard,’ a question has arisen as to the meaning of ‘salvage yard’ vs. ‘junkyard.’   The absence of a definition for the ‘salvage yard’ use was noted during the reformatted zoning ordinance process, and the following definition for ‘salvage yard’ was incorporated into the draft reformatted ordinance:  

Salvage Yard.  Any location whose primary use is where waste or scrap materials are stored, bought, sold, accumulated, exchanged, packaged, disassembled or handled, including, but not limited to materials such as scrap materials such as scrap metals, paper, rags, tires and bottles.    

This reformatted ordinance definition distinguishes a ‘salvage yard’ from a ‘junk yard’ primarily by eliminating automobiles and automobile parts from a ‘salvage yard.’  Rather, a ‘salvage yard’ is characterized as a place where only non-automobile related scrap materials are accumulated, stored, handled or sold.    

Staff has reviewed the zoning ordinances of surrounding jurisdictions in Virginia , and has not found another instance where a ‘salvage yard’ is distinguished as a separate use from a ‘junk yard’.   Definitions of ‘junk yard’ in the Loudoun and Prince William ordinances specifically include references to ‘salvaging’ as part of a junk yard use.   Rather than defining ‘salvage yard’ as a separate use, the Board may wish to consider striking salvage yard as a separate use under the ordinance in Sections 3-317.1 and 3-317.2, i.e.:  

Any industrial use which is not entirely contained within a building or completely screened from view including salvage yards and contractor’s offices, shops and materials storage yards…..

Requested Action of the Board of Supervisors:   

Conduct a public hearing and consider adoption of the proposed text amendments.

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:

Board of Supervisors

Economic Development Office