County's Zoning Determination
Below is the memorandum from Amelia McCulley (Albemarle County Zoning Administrator) dated June 26th providing her official determination on use related to the Faulconer Construction Company site plan. This determination states the Faulconer plan is allowed by right within the light industrial district at Ivy Business Park.
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Read for yourself what activities are allowed in a light industrial district and what other considerations must be addressed for commercial activities at all industrial sites in Albemarle: See: ZONING SECTION 26 & 27 |
MEMORANDUM
TO: Wayne Cilimberg, Director of Planning and Community Development
FROM: Amelia G. McCulley, Zoning Administrator
DATE: June 26, 2001
RE: Official Determination of Use – Faulconer Site Plan
This is in response to your request for an official determination of the zoning category of use proposed by the Faulconer Construction Company, Inc. site plan. It is my opinion that the activities proposed for the new site in Ivy, are currently permitted by right in this zoning district as a “contractor’s office and equipment storage yard.” In the formulation of this decision, I conducted a field inspection of Faulconer’s current yard on Woodburn Road. For comparison, we researched the zoning of other comparative construction companies located in Albemarle and we conducted a field visit of a comparable office and equipment storage yard. Finally, we reviewed zoning definitions of “contractor.” In the proceeding, I will provide some background information and I will outline the justification for this decision.
The rules of statutory construction also guide the interpretation of a zoning ordinance. By these rules, if the ordinance is unambiguous, the plain meaning of the words must be applied and there is no need to construe it. The consideration of extrinsic facts, legislative history and intent is irrelevant if the language of the ordinance is clear and unambiguous. The key question is not what the Board of Supervisors intended to enact, but what is the meaning of the ordinance it did enact. The Albemarle County Zoning Ordinance explicitly allows a “contractor’s office and equipment storage yard” by right in the Light Industry district. The question then becomes not whether or where this use is allowed, but what constitutes this use? I will provide a working definition of these words and I will apply the facts of the Faulconer proposal to this definition.
The Albemarle County Zoning Ordinance does not provide a definition of either “contractor” or “contractor’s office and equipment storage yard.” Therefore, it is common to utilize a standard dictionary, law dictionary and relevant State Code definitions. These definitions of “contractor” include the following:
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From Webster’s Dictionary: “one that contracts or is party to a contract: as a) one that contracts to perform work or provide supplies on a large scale b) one that contracts to erect buildings.” |
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From Black’s Law Dictionary: “this term is strictly applicable to any person who enters into a contract, but is commonly reserved to designate one who, for a fixed price, undertakes to procure the performance of works or services on a large scale, or the furnishing of goods in large quantities, whether for the public or a company or individual. Such as generally classified as general contractors (responsible for the entire job) and subcontractors (responsible for only a portion of the job; e.g. plumber, carpenter).” |
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From Code of Virginia, Section 54.1 (excerpt from Class A, B and C Contractors): “… perform or manage construction, removal, repair, or improvements …” |
Finally, for a definition of “contractor’s storage yard,” from A Glossary of Zoning, Development, and Planning Terms:
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From A Glossary of Zoning, Development, and Planning
Terms: Contractors:
“General contractors and builders engaged in the construction of
buildings, either residence or commercial structures as well as heavy
construction contractors engaged in activities such as paving, highway
construction and utility construction.” |
Faulconer Construction Company, Inc. is a contractor based on these definitions and a longstanding consistent administrative zoning practice. They are a Class A Contractor as licensed by the State of Virginia. Their business primarily involves construction relating to roads, sewer, water, excavation and concrete work. We researched the zoning of other comparable contractors’ offices and equipment storage yards. Area contractors who perform similar work include Parham Construction Company, Inc. and Haley, Chisholm and Morris, Inc. The office and equipment storage yards for both of these businesses are also located on property zoned Light Industry. In 1981, ZMA 81-21 E. Morris Chisholm was approved by the Albemarle Board of Supervisors to rezone additional acreage from Rural Areas to Light Industry, to allow the Haley, Chisholm and Morris contractor’s office and equipment storage yard to expand. Therefore, this category of use, “contractor’s office and equipment storage yard,” has been found to be correct for comparable contractors.
Finally, I have conducted a field inspection to review Faulconer’s current operations to determine if there are aspects of their use which fall outside of a typical contractor’s office and equipment storage yard. My review of Faulconer’s current operations included a specific focus on any activities which would not fall within a contractor’s office and equipment storage yard and instead would be atypical or would constitute independent uses. For example, if they manufactured a component which was then sold separately from their contracting service or if they repaired equipment for other businesses, these activities would not fall within the primary use of the property as a contractor’s office and equipment storage yard. As part of this consideration, I visited the Haley, Chisholm and Morris site to provide a comparison. I found Faulconer’s and Haley, Chisholm and Morris’ sites to be similar in terms of activities and the types of equipment and materials. I did not find activities at the Faulconer yard which are atypical of a comparable contractor or which constitute independent uses or businesses. Specifically, it is my opinion that storage of explosives related to their contracting business is allowed as an accessory use. In summary, it is my opinion, that an application of the facts of Faulconer’s operation confirms that this use is a contractor’s office and equipment storage yard.
I will forward copies of this written determination to relevant parties in interest. Anyone who is aggrieved by this determination, may have a right to appeal it within thirty (30) days of the date of this determination, in accordance with Section 15.2-2311 of the Code of Virginia. If they do not file a timely appeal, this determination shall be final and unappealable. An appeal shall be taken only by filing with the Zoning Administrator and the Board of Zoning Appeals, a notice of appeal which specifies the grounds for the appeal. An appeal application must be completed and filed along with the fee of $95. The date of this determination is the date of this memorandum.
Cc: Yadira Amarante
Faulconer Construction Co.
Sally Thomas
