HomeMy WebLinkAbout25-80 Robert S Hawkins - Back Creek District - BackfileDtFartment of Planning an.b p6Q1.vymenf
DIRECTOR
JOHN T. P. HORNE P. O. BOX 601
9 COURT SQUARE
DEPUTY DIRECTOR
WINCHESTER, VIRGINIA 22601
STEPHEN M. GYURISIN
May 12, 1982
Mr. Robert S. Hawkins
Route 4, Box 389A
Winchester, Virginia 22601
Dear Mr. Hawkins:
This letter is to confirm the Frederick County Planning
Commission's action at their meeting of May 5, 1982:
Approval of Conditional Use Permit #025-80 for a change of
conditions to operate a public garage with the following
conditions:
1. This be a three year permit to be reviewed annually.
2. If the use, occupancy, or ownership of the property changes,
this conditional use permit shall expire and a new conditional
use permit will be required.
3. There shall be no vehicle of any kind which is incapable of
being operated and.which would not be economically practical
to make operative, placed, located or found on the property.
4.' Hours of operation shall be daylight hours.
5. No body or fender work.
6. Off-street parking shall be required.
7. Required installation of a commercial entrance if it is deemed
necessary by the Virginia Department of Highways and
Transportation.
8. No one employed on the premises except for members of the
immediate family residing on the premises.
If you have any questions, please.do not hesitate to contact this
office.
Sincerely,
ti
l!
n T. P. Horne
irector
JTPH :dll 703/662-4532
�frebtrt.ck avuuty
Pevartment of Flauning nub p.efrdvyut.ent
JOHN RILEY
PLANNING DIRECTOR
JOHN T. P. HORNE
DEPUTY DIRECTOR
Mr. Robert Shade Hawkins
Route 4, Box 389A
Winchester, Virginia .22601
Dear Mr. Hawkins:
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
February 12, 1981
This letter is to confirm the action taken by the Board of Super-
visors at their meeting of February 11, 1981 with regard to your
request for a conditional use permit for a home occupation/small
engine repair.
The Board of Supervisors approved your Conditional Use Permit #025-80
with the following conditions:
1. That this be a three year permit which is to be reviewed annually,
2. If the use, occupancy or ownership changes, this conditional use
permit shall expire and a new conditional use permit shall be
required.
3. No outside storage of inoperable vehicles,
4. Hours of operation shall be daylight hours.
5. No body or fender work.
6. Off-street parking shall be required.
7. Required installation of a commercial entrance if it is deemed
necessary by the Virginia Department of Highways and Transportation,
8. No one employed on the premises except for members of the
immediate family residing on the premises,
If you have any questions, please do not hesitate to contact this
office.
JRR:bj s
703/662-4532
CONDITIONAL USE PERMIT #025-80
Robert S. Hawkins
Change of Conditions/Operate a Public Garage
T.OrATTM-
On the east side of Route 622, approximately one mile north of
Route 732.
MAGISTERIAL DISTRICT: Back Creek Magisterial District
ADJACENT LAND USE AND ZONING:
Agriculture
PROPOSED USE AND IMPROVEMENTS:
The change of the conditions to operate a public garage.
REVIEW EVALUATIONS:
Virginia Dept. of Highways and Transportation - If the business
intensifies or is enlarged, it will be necessary to secure a
permit and construct a commercial entrance. On -site parking is
to be provided. (See original application)
Health Department - No objection as long as employees are
restricted to members of the immediate family residing on the
premises. (See original application)
Department of Inspections - Structure must be updated to conform
with requirements of Article IV, Section 416.0 of the Code.
Specific requirements must be completed before occupancy. (See
original application)
Planning and Zoning - The applicant has requested that the
condition of no outside storage of inoperable vehicles be deleted
from the original conditional use application number 025-80
(attached). All outside storage should be screened from the
adjoining properties with storage of inoperable vehicles limited
to those waiting for parts to be repaired.
STAFF RECOMMENDATIONS: Approval of a change in conditions, to delete
condition number three of conditional use permit number 025-80, no
outside storage of inoperable vehicles. Suggest approval with the
following additional conditions:
1. Limit outside storage to five inoperable vehicles to only
those waiting to be repaired within 30 days.
2. All outside storage must be screened from adjacent
properties.
All other conditions placed on the original permit except item number
three shall remain in force.
CONDITIONAL USE PERMIT NUMBER 025-80
Robert S. Hawkins
Operate a Public Garage
LOCATION:
On the east side of Route 622, approximately one mile north
of Route 732.
MAGISTERIAL DISTRICT:
ADJACENT LAND USE AND
Agriculture.
PROPOSED USE:
Back Creek Magisterial District.
ZONING:
To operate,a public garage to include auto repair shop, small
engine repairs and farm machinery repairs, with no painting or
body repairs to be included.
REVIEW EVALUATIONS:
Va. Department -of -Highways and Transportation/Public Works -
If the business intensifies or is enlarged, it will be
necessary to secure permit and construct a commercial
entrance. On -site parking is to be provided.
Winchester -Frederick Health Department - No objection as long
as employees are restricted to members of the immediate
family residing on the premises.
Department of Inspections'- Structure must be updated to
conform with requirements of Article IV, Section 416.0 of the
Code. Specific requirements must be completed.before
occupancy.
Planning and Zoning - Due to the proximity of the South
Frederick Agricultural and Forestal District, this use in
this location is unsuitable. The purpose and intent of the
Agricultural and Forestal District Act is to promote and
preserve prime agricultural land.
STAFF RECOMMENDATTION:
Staff recommends that this application not be approved, due
to its close proximity to the South Frederick Agricultural
District.
PLANNING. COMMISSION RECOMMENDATIONS:
The Planning Commission recommends, by a majority vote,
approval due to the fact that the use as proposed would be of
to the surrounding community and that the.use would not a have
detrimental affect on the -Agricultural District. The following
conditions have been recommended:
1. That this be a three year permit which is to be reviewed
annually.
2. If the use, occupancy or ownership changes, this
conditional use permit shall expire and a new
conditional use permit shall be required.
3. No outside storage of inoperable vehicles.
4. Hours of operation shall be daylight hours.
5. No body or fender work.
6. Off-street parking shall be required.
7. Required installation of a commercial entrance if it is
deemed necessary by the Virginia Department of Highways
and Transportation.
8. No one employed on the premises except for members of
the immediate family residing on the premises.
CONDITIONAL USE PERMIT NUMBER 025-80
Robert S. Hawkins
Operate a Public Garage
LOCATION:
On the east side of Route 622, approximately one mile north
of Route 732.
MAGISTERIAL DISTRICT: Back Creek Magisterial District.
ADJACENT LAND USE AND ZONING:
Agriculture.
PROPOSED USE:
To operate a public garage to include auto repair shop, small
engine repairs and farm machinery repairs, with no painting or
body repairs to be included.
REVIEW EVALUATIONS:
Va. Department of Highways and Transportation/Public Works -
If the business intensifies or is enlarged, it will be
necessary to secure permit and construct a commercial
entrance. On -site parking is to be provided.
Winchester -Frederick Health Department - No objection as long
as employees are restricted to members of the immediate
family residing on the premises.
Department of Inspections - Structure must be updated to
conform with requirements of Article IV, Section 416.0 of the
Code. Specific requirements must be completed before
occupancy.
Planning and Zoning - Due to the proximity of the South
Frederick Agricultural and Forestal District, this use in
this location is unsuitable. The purpose and intent of the
Agricultural and Forestal District Act is to promote and
preserve prime agricultural land.
STAFF RECOMMENDATION:
Staff recommends that this application not be approved, due
to its close proximity to the South Frederick Agricultural
District.
.Zoning Application for CONDITIONAL USE PERMIT 2
Date e ,�QT/ to COUNTY OF FREDERICK, VIRGINIA
Property Identification Number� f /Z1
Magisterial District _ A-' C. tee%
I (we), the undersigned, do hereby respectfully make application for a CONDITIONAL USE
PERMIT, and in support of this application, the following facts are shown:
1. The applicant /IpOc/` i9L�i ,'rLs is (are) the ow r's(lessee or contract
holder) of property situated at
fronting state route -2 Z consisting of _ /* 7
page
acres, and described in deed book
2. The type of use and/or improvements proposed are as follows : A,1
tl
F,4r/i9 IVAI 'ii. r/ �/ /Te11 i"rST_/�o %�1Ji.cT w�
r
3. New buildings to be constructed are as follows: 4/1A, i'114,'f-
4 . Additions to existing buildings are as follows:
5. The following are all of the individuals, firms, or corporations owning property adjacent
to both sides and rear, and the property in front of (across street from) the property.
(Use additional pages if necessary.)
NAME
Numbers
COMPLETE MAILING ADDRESS
(Street, Route, Box, Etc. Nos.)
PARCEL TAX MAP
G e s i /- U 22 ems'
c ,
V
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6 ! "r
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Aw r A A
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�j��FUMA�
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f -
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A z 6 —" Z 2v
Li e- ' o
14
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1
(NOTE: Information may be obtained from the Ur=ice or the Commissioner oz xevenue.)
The CONDITIONAL USE PERMIT Application of Robert Shade Hawkins
was reviewed by the PLANNING COMMISSION on (date 1/21/81
with the following RECOMMENDATION(s) to the Governing Body:
APPROVAL' with the following' condition (s) per the list below:
-_OR -
DENIAL for the following reason(s) per the list -below!
1 That this be -a three year permit
L t e-use, occupancy or ownership changes, this conditional. use r �.
permit sha-11 re.and a new conditional
No outside storage of inoperable vehicles
4. Hours of operation shall be da 1-i ht hours
o bo.dy or. tender work
6. Off-street parking shall be required.
a commercial entrance it -it is deemed n_ecessar3 -`
by the Virginia -department of Highways and Transportation, -
_. p oy.e on t e premises except or mZm ers 'of the immediate
By_' family-rtt d iMg - on= ~the premises . -
Secretaky, Plann' Comm' s' n or they ounty of Frederick,Virginia
-------------------------- ------------------------------------------------------=--=--
The CONDITIONAL USE PERMIT Application of Robert Shade Hawkins
was reviewed by the BOARD .OF SUPERVISORS (Governing Body) on (date) 2 / 11 / 81
and took the following action:'
APPROVED with the following condition(s) per the list below: %
:. OR
DENIED . fir the following reason (s) 'per the list below: l7
x r
(Same as -listed approve)
i
By:
Zoning ode Administrato for
Board f Supervisors of the County of F ederick, Virginia y
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John R. Riley �l /-S
PLANNING DIRCCTOR P. O. BOX 601
9 COURT SQUARE
ZONING ADMINISTRATOR m e m o r a n d u m WINCHESTER. VIRGINIA 22601
TO:
uaalth nppA rtmPnt , ATTN Mr. Herbert Sluder
VA Dept. of Highways and Transportation ATTN Mr. R. C. King
Inspections ATTT: Mr. Carroll Brown
Zoning , ATTNj/r• John T. P. Horne
FROM:
SUBJECT:
John R. Riley, Director
Date December 21, 1980
Review comments on X Conditional Use Permit Subdivision
Rezoning Site Plan
We are reviewing the enclosed request by Robert Shade Hawkins
or their representative Will you please
review the attached and return your comments to me by as soon as possible
-------------------------------------
This space should be used for review comments:
/4U/15v�a.��e
Signature
Date ( 30 v
C7� S =
RECEIVED -ro : 8 1980
re�EriA Toun#u
BepartmEn# of julanning anb '13621opi lien#
John R. Riley
PLANNING DIRECTOR P. O. BOX 601
J COURT SQUARE
ZONING ADMINISTRATOR m e m o r a n d u m WINCHESTER, VIRGINIA 22601
TO:
HPaith Department ATTN Mr. Herbert Sluder
VA Dept. of Highways and Transportation ATTN �'MR. C. King
Inspections , ATTN Mr. Carroll Brown
zoning ATTN Mr. John T. P. Horne
F R01: John R. Riley, Director Date December 21, 1980
SUBJECT:
Review comments on X Conditional Use Permit Subdivision
Rezoning Site Plan
We are reviewing the enclosed request by Robert Shade Hawkins
or their representative
Will you please
review the attached and return your comments to me by as soon as possible
This space should be used for review comments:
If business intensifies or is enlarged, it will be necessary to secure a permit
and construct a commerical entrance.
On site parking to be provided.
SignatureXL
Date 12-16-80
703/662-4532
' jre erirk (f onn#U
Bear#men# of Manning andebelo�men#
John R. Riley
PLANNING DIRECTOR P. 0. Box 601
9 COURT SQUARE
ZONING ADMINISTRATOR m e m o r a n d u m WINCHESTER, VIRGINIA 22601
Its
Health Department ATTN Mr. Herbert Sluder
VA Dept. of Highways and Transportation , ATTN Mr. R. C. King
Inspections ATTN r. Carroll Brown
Zoning ATTN Mr. John T. P. Horne
FROM:
SUBJECT:
John R. Riley, Director
Date December 21, 1980
Review comments on X Conditional Use Permit Subdivision
Rezoning Site Plan
We are reviewing the enclosed request by Robert Shade Hawkins
or their representative
. Will you please
review the attached and return your comments to me by as soon as possible
---9jel-Ll
-----------------------------------------------------------------------
This space should be used for review comments:
,� �.� ��.c ,1►� �.s � be c,,o -�C� �g/ �o �..� ��� cam. �l• i/� e
Signature Ct— %? Date �Z �(.0 C.V
703/ 662-4532
3rrberirk Qllunntp
Brpnrtmrnt of Flanning anb pebPlnpment ��� d
In e In o r a n d u m
P. O. Box 601
9 COURT SQUARE
WINCHESTER, VIRGINIA 22601
Haalth nPpArtmant , ATTN r. Herbert Sluder
VA Dept. of Highways and Transportation , ATTN Mr. R. C. King
Inspections ATTN Mr. Carroll Brown
Zoning , ATTN Mr. John T. P. Horne
FROM: John R. Riley, Director Date December 21, 1980
SUBJECT:
Review comments on
X Conditional Use Permit
Rezoning
Subdivision
Site Plan
We are reviewing the enclosed request by Robert Shade Hawkins
or their representative
. Will you please
review the attached and return your comments to me by as soon as possible
--- 9 ---- W --- --- ----------------------------------------------------------------------
This space should be used for review comments:
�f � a 5 irti �✓ a i� % S r7- d ur e ! y on/1 Lti & S/ G
�6' �Cl ►? `7 pZi 6P Pi1��i1�
Signaryure C Date
703/662-4532
0
THE FOLLOWING SIGNATURES EXPRESS THEIR APPROVAL AND SUPPORT OF THE PRESENT OPEILITION
OF ROBERT MiKINS I GARAGE ON CEDAR CREEK GRADE, WTNCHESTER, VA.
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JOHN RILEY
PLANNING DIRECTOR P. 0. BOX 601
9 COURT SQUARE
JOHN T. P. HORNE WINCHESTER, VIRGINIA 22601
DEPUTY DIRECTOR
January 26, 1981
TO THE APPLICANT (s) and/or ADJOINING PROPERTY OWNER (s)
The application of: Robert S. Hawkins
Conditional Use Permit For: Public Garage
The conditional use permit request will be considered by the Frederick
County Board of Supervisors' at their meeting of February 11, 1981,
at 7:00 p.m., in the Board of Supervisors' Meeting Room, 9 Court
Square, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may
attend this meeting.
JRR:dll
Sincerely,
John R. Riley
Director
703/662-4532
This is to certify that the attached correspondence was mailed to the following
on January 26, 1981 from the Office of Planning and Development,
Frederick County, Virginia:
Ralph Marker Est.
Route 4
Winchester, Virginia 22601
Albert C. & Hilda I. Lacy
Route 4
Winchester, Virginia 22601
Annie N. Hawkins
Route 4, Box 390
Winchester, Virginia 22601
Stephen B. & Barbara Huffman
Route 4, ' Box 391
Winchester, Virginia 22601
R. Royland & Elizabeth Snapp ET, ALS
Route 4, Box 392
Winchester, Virginia -22601
Ada B. Marker Ruble
Route 4, Box 357
Winchester, Virginia 26601
STATE OF VIRGINIA,
Coun
( e/i�A
J n R. Riley, Direc or
OF Frederick
I, Ann K. Kelican a Notary Public in and for the
TO -WIT
Stat,e,.and County aforesaid, do hereby certify that JOHN R.
RILEY, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whoose name is signed
to the foregoing, dated January 26 1981, has personally appeared
before me and acknowledged the same in my State and County aforesaid.
Given under my hand this 26th day of January , 1981.
My Commission expires March 6, 1982
'4' reb-nirk Caal utv
Peyaxtment of F.Caxrning nub p6tIaayment
JOHN RILEY P. O. SOX 601
PLANNING DIRECTOR -
9 COURT SQUARE
DEPUTY DIRECTOR
JO T. P. HORNS WINCHESTER, VIRGINIA 22601
February 6, 1981
Mr. Robert Shade Hawkins
Route 4, Box 389A
Winchester, Virginia 22601
Dear Mr. Hawkins:
Please be advised that your Conditional Use Permit
Request has been placed on the Agenda for consideration
by the Frederick County Board of Supervisors at their
meeting scheduled for ,February 11, 1981..
The meeting will begin at 7:00 p.m. and will be held in
the Board of Supervisors' Meeting Room, 9 Court Square,
Winchester, Virginia.
JRR:bjs
.Sincerely,
ohn R. Rile
Director
703/662-4532
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DIRECTOR
P. O. BOX 601
.JOHN T. P. HORNE
9 COURT SQUARE
DEPUTY DIRECTOR
WINCHESTER, VIRGINIA 22609
STEPHEN M. GYURISIN
April 21, 1982
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The application of: Robert S. Hawkins
Conditional Use Permit For: Public Garage
The conditional use permit request will be considered by
the Frederick County Planning Commission at their
meeting of May 5, 1982, at 7:30 p.m., in the Board of
Supervisors' Meeting Room, 9 Court Square, Winchester,
Virginia.
Any interested parties having questions or wishing to
speak, may attend this meeting.
JTPH/dll
Sincerely,,
n T. P. Horne
Director
703/662-4532
(,'F,,2 S-did
This is to certify that the attached correspondence was mailed to
the following on April 21, 1982 .from the Office of Planning and
Development, Frederick County, Virginia:
Ralph Marker Est.
Route 4
Winchester, Virginia 22601
Hilda I. Lacy
Route 4
Winchester, Virginia 22601
Annie N. Hawkins
Route 4, Box 340
Winchester, Virginia 22601
Stephen & Barbara Huffman
Route 4, Box 341
Winchester, Virginia 22601
STATE OF VIRGINIA,
R. Royland & Elizabeth Snapp
Route 4, Box 392
Winchester, Virginia 22601
Ada Marker Ruble
Route 4, Box 357
Winchester, Virginia 22601
Robert S. Hawkins
Route 4, Box 389A
Winchester, Virginia 22601
rP ate_
hn T . P.�Horne r�
rector
COUNTY OF FREDERI K, TO-W
I, (2Zt-jw_a Notary Public in and for the
State and County aforesaid, do hereby certify that JOHN T. P.
HORNE, DIRECTOR, PLANNING AND DEVELOPMENT DEPARTMENT, whose name
is signed to the foregoing, datedf - _ ► 1982,
has personally appeared before me and/acknowledged the same in my
State and County aforesaid.
Given under my hand this �� day of
1982.
My Commission expires
NOTARY PUBLIC
FREDERICK COUNTY PERMIT CENTER
VIOLATION OR COMPLAINT
Complaintant: Date:
Address: Time: Telephone: home work Received by : J; Wt_6"
PROPERTY INFORMATION
Owner/Occupant: A) Zoning:
Address: Parcel Number:
Subdivision: Lot: Block: Section:
References: 'Case No: Building Permit No:
NATURE OF COMPLAINT OR VIOLATION
NA KiitJS C, 0, / 0U7_FR6A_) l
INSPECTOR'S REPORT
Inspection Dates:
Observations:
l
l
Actions Taken:
Approval for Legal Action: Court Dates:
Court Action:
Inspector's Signature:
(PC/1-11/80)
0o2 S - tPD
r
§ 15.1-1512 VIRGINIA LOCAL GOVERNMENT LAWS § 15.1-1512
introductory language, deleted "or any landowners within thirty days after the
landowner who owns land to be included within publication of such notice." In subsection D, the
the district" following "proposed district" in amendment inserted "if agreed to in writing by
clause (iii) in the second sentence of paragraph the owner or owners of such lands' near the end
1, added clauses (iv)(a), (iv)(b) and (iv)(c) in that of the first sentence, added the second sentence,
sentence and deleted paragraph 2, which read and substituted "Consumer Services" for
"Receive any proposals for modifications of such "Commerce" in the last sentence.
proposal which may be submitted by such
§ 15.1-1512. Effects of districts. — A. Land used in agricultural and
forestal production within an agricultural and forestal district shall
automatically qualify for an agricultural or forestal value assessment on such
land pursuant to § 58-769.4 et seq., of the Code of Virginia, if the requirements
for such assessment contained therein are satisfied. Any ordinance adopted
pursuant to § 15.1-1509 shall extend such use value assessment and taxation
to qualifying real property within such district whether or not a local land -use
plan or local ordinance pursuant to § 58-769.6 has been adopted.
B. No local government shall exercise any of its powers to enact local laws
or ordinances within an agricultural or forestal district in a manner which
would unreasonably restrict or regulate farm structures or forestry and
farming practices in contravention of the purposes of this chapter unless such
restrictions or regulations bear a direct relationship to public health and
safety; provided, however, that zoning and subdivision ordinances shall be
applicable within said districts, to the extent that such ordinances are not in
conflict with the purposes of this chapter. Land use planning decisions or
ordinances enacted pursuant thereto affecting parcels of land adjacent to any
district created pursuant to this chapter shall take into account the existence
of such district and the purposes of this chapter.
C. It shall be the policy of all State agencies to encourage the maintenance
of farming and forestry in agricultural and forestal districts and their
administrative regulations and procedures shall be modified to this end insofar
as is consistent with the promotion of public health and safety and with the
provisions of any federal statutes, standards, criteria, rules, regulations, or
policies, and any other requirements of federal agencies, including provisions
applicable only to obtaining federal grants, loans or other funding.
D. Any agency of the State or any local governing body which intends to
acquire land or any interest therein, except where such acquisition is by gift,
devise, bequest or grant to such agency or local governing body, or any public
service corporation which intends to acquire land or any interest therein for
public utility facilities not subject to approval by the State Corporation
Commission, provided that the acquisition from any one actively operated farm
or forestry operation within the district would be in excess of ten acres or that
the total acquisition within the district would be in excess of one hundred acres,
or which intends to advance a grant, loan, interest subsidy or other funds
within a district for the construction of dwellings, commercial or industrial
facilities, water or sewer facilities to serve nonfarm structures, shall at least
thirty days prior to such action file a notice of intent with the local governing
body containing such information and in such manner and form as it may
require. Such notice of intent shall contain a report detailing all reasons in
justification for the proposed action including an evaluation of alternatives
which would not require action within the agricultural and forestal district.
Upon receipt of such notice, the local governing body, in consultation with
the local planning commission and the advisory committee, shall review the
proposed action to determine what the effect of such action would be upon the
preservation and enhancement of agriculture and agricultural and forestal
resources within the district and the policy of this chapter and to determine the
ors -,: P d
§ 15.1-1513 AGRICULTURAL AND FORESTAL DISTRICTS ACT § 15.1-1513
necessity of the proposed action to provide service to the public in the most
economical and practicable manner.
If the local governing body finds that such proposed action might have an
unreasonably adverse effect upon such State or local policy, the local governing
body shall issue an order within such thirty -day period to such agency,
corporation or political subdivision directing the agency, corporation or
political subdivision not to take such action for an additional period of sixty
days immediately following such thirty -day period.
During such additional sixty-day period, the local governing body shall hold
a public hearing concerning such proposed action where the local governing
body usually meets or at a place otherwise easily accessible to the district upon
notice in a newspaper having a general circulation within the district, and
individual notice, in writing, to the municipalities whose territory encompass
or are part of the district, and the agency, corporation or political subdivision
proposing to take such action. On or before the conclusion of such additional
sixty-day period, the local governing body shall make its decision as to whether
such proposed action will have an adverse effect upon such State or local policy
and whether such proposed action is necessary to provide service to the public
in the most economical and practicable manner, and it shall report its decision
to the agency, corporation or political subdivision proposing to take such action
by the issuance of a final order. In the event that such agency, corporation or
political subdivision is aggrieved by the final order of the local governing body,
an appeal shall lie to the circuit court where a majority of the land is located.
Provided, however, if such public service corporation is regulated by the State
Corporation Commission, an appeal shall be to the State Corporation
Commission.
E. No special district for sewer, water or electricity or for nonfarm or
nonforest drainage may impose benefit assessments or special tax levies on
land used for primarily agricultural or forestal production within an
agricultural and forestal district on the basis of frontage, acreage, or value,
except a lot not exceeding one-half acre surrounding any dwelling or nonfarm
structure located on such land, unless such benefit assessment or special ad
valorem levies were imposed prior to the formation of the agricultural and
forestal district. (1977, c. 681; 1979, c. 377.)
The 1979 amendment inserted
"automatically" in the first sentence of
subsection A, added the second sentence of
subsection A, substituted "and" for "or"
preceding "safety" immediately preceding the
proviso in the first sentence of subsection B,
added the proviso in that sentence and added
the second sentence of subsection B.
§ 15.1-1513. Discontinuance of association in district. — A. At any time
after the creation of an agricultural, forestal, or an agricultural and forestal
district within any locality, any owner of land lying in such district may file
a written notice of termination with the local governing body which created the
district, and after a hearing before such governing body for good and
reasonable cause shown, such governing body may allow the applicant to
withdraw his property from the district. In no way shall this section affect the
ability of an owner to discontinue his association with a proposed district as is
authorized pursuant to § 15.1-1511 B. The applicant, if denied favorable action
by the governing body, shall have an immediate right of appeal de novo to the
circuit court wherein such applicant's land is located.
B. Upon termination of an owner's association with any district created
pursuant to this chapter, the real estate previously included in such district
shall be subject to roll -back taxes as are provided in § 58-769.10.
C. Any owner, upon termination of association with any agricultural,
No
SECTION 415.0 MOTOR FUEL SERVICE STATIONS
415.1 Construction: Buildings and structures used for the storage and
sale of motor fuel oils may be of all types of construction within the
height and area limitations of Table 305 for business (use group B)
buildings and as modified by Section 302.0. The canopies and supports
over pumps and service equipment when located less than twenty (20)
feet from interior lot lines shall be constructed of approved noncombus-
tible materials, Type 3A (heavy timber) construction, or one (1) hour
fireresistance rated construction.
415.1.1 Exceptipns: Approved plastics conforming to the requirements
of Article 20 may be used in canopies over pumps when conforming to
the following requirements.
1. The canopies are located at least ten (10) feet from any building
on the same property and- face yards or streets not less than forty
(40) feet wide on the other sides;
2. the aggregate area of plastic in each canopy shall not exceed two -
hundred (200) square feet in the fire limits or one thousand (1,000)
square feet outside the fire limits; and
3. the maximum area of each panel shall not exceed one hundred
(100) square feet.
415.1.2 Opening protectives: All permissible openings in walls with
a fire separation of less than twenty (20) feet shall be protected with
approved fire windows or fire doors complying with Article 9, except
doors in such walls to rest rooms.
415.1.3 Basements: Motor fuel service stations shall not have cellars
or basements; and when pits are provided they shall be vented as re-
quired in Section 414.3.
415.2 Gasoline storage: All volatile flammable liquid storage tanks
shall be installed below ground and vented as specified in Section 402.0.
Gasoline may be stored or handled above ground in approved safety
cans of not more than five (5) gallons each.
415.3 Location of pumps: Gasoline pumps or other mechanical equip-
ment shall not be installed so as to permit servicing of motor vehicles
standing on a public street or highway; except when necessitated by
the widening of streets or highways, the use of the outer driveway of
existing service stations may be continued for servicing of vehicles when
approved by the authority having jurisdiction.
SECTION.416.0 MOTOR VEHICLE REPAIR SHOPS
416.1 General: All buildings and structures designed and used for
repair and servicing motor vehicles, motor boats, airplanes or other
motor driven means of transportation shall be subject to the limitations
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of Tables 214 and 305 for moderate hazard storage (use group S-1). Such
buildings shall be used solely for that purpose.
416.2 Enclosure walls: Exterior walls, when located within six (6)
feet of interior lot lines or other buildings, shall not have openings there-
in.
416.3 Handling of volatile flammables: All volatile flammables shall
be stored and handled as provided in Section 415.2.
416.4 Ventilation: All rooms and spaces used for motor vehicle repair
shop purposes shall be provided with an approved system of mechanical
ventilation meeting the requirements of Section 414.3 and the mechanical
code listed in Appendix B.
416.5 Fire prevention: Open gas flames except heating devices com-
plying with Section 414.6, torches, welding apparatus, or other equip-
ment likely to create an open flame or spark shall not be located in a
room or space in which flammable liquids or highly combustible mate-
rials are used or stored.
SECTION 417.0 PLACES OF PUBLIC ASSEMBLY
417.1 Applicability: The provisions of this section shall apply to all
places of public assembly and all parts of buildings and structures classi-
fied in the use group A-1, theatres and in other places of public assembly,
use groups A-2, A-3, and A-4, except as specifically exempted in Section
418.0.
417.2 Restrictions
417.2.1 High hazard uses: A place of public assembly shall not be
permitted in a building classified in the high hazard group (use group
H).
417.2.2 Superimposed theatres: An addition or extension shall not be
erected over the stage section of a theatre, nor shall a second theatre
be erected above another. The building official may waive the prohibi-
tion against superimposed theatres and construction above the stage
when adequate access is provided for fire fighting with direct means
of ventilation to the outer air from the stage portion.
417.2.3 Frame construction: A theatre with stage, fly gallery and rig-
ging loft shall not be permitted in a building of unprotected frame
( Type 4B) construction.
417.2.4 Location: All buildings used for assembly purposes shall front
on at least one (1) street in .which the main entrance and exitway
discharge shall be located. The total capacity of such main exitway
shall be not less than one-third (%) of the total required width of build-
ing exitways.
417.2.5 Trim, finish and decorative hangings: All permanent acoustic
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