Formal Request to Amend Zoning Regulations

September 10, 2001

Sally Thomas

Chairwoman

Albemarle County Board of Supervisors

889 Leigh Way

Charlottesville, VA  22901

Dear Sally,

We formally request that the Albemarle County Board of Supervisors (B.O.S.) amend the text of the regulations in the ordinance pertaining to the distinction between a "contractors office and equipment storage yard," that exist in both the light industry (LI) and the heavy industry (HI) districts.

While a distinction in the code already exists, we feel that further refining of this distinction is in order to more fully protect all light industrial districts in the county.  To further clarify this existing distinction is consistent with Chapter 18, Sections 33.0 and 33.1 of the Albemarle County Code.  We feel that it is entirely appropriate at this time for the B.O.S. to follow the stated intent of section 33.1, "Public necessity, health, safety, convenience, general welfare, good zoning practice and the aesthetic values and priorities of the local citizenry provide guiding factors for the board of supervisors in its quest to exercise its legislative mandate in formulating a reasonable policy of county planning for the general good and welfare." 

In following the above referenced mandate, we believe that the B.O.S. did not intend to allow just any kind of contractor and their equipment storage yard(s), irrespective of their proposed uses, into both the LI and HI districts.  Chapter 18, sections 27.1 and 28.1 of the Albemarle County Code already distinguish between the two.  More specifically, Chapter 18 , section 28.1 states, "HI districts are hereby created and may hereafter be established by amendment to the zoning map to permit industries and commercial uses which have a high public nuisance potential and therefore will be subject to intensive review for locational impact on surrounding land uses and environment."  Furthermore, both sections 27.1 and 28.1 specify as a requirement "Areas having clearly demonstrated suitability for intended uses with regard to physical characteristics and relationship to surrounding development."

We recommend using the United States Census Bureau's North American Industry Classification System (NAICS), and the U.S. Internal Revenue Service's Business Codes as guidelines in constructing additional language in this regard.

Sincerely yours,