Planning Commission aty D. Light, Chait Alvin F. Henry, Ji, Vice-Chair Holly Meade Rick Koller Sherry Cillo topher Bird, BZA Rep Ch Board of Zoning Appeals Alesander Sharp, Chair Jennifer H. Matthews, Vice-Chair Cluistopher L. Bird David L. Konick Ron Makela Cluis Parrish, Supervisor RAPPAHANNOCK COUNTY ZONING OFFICE Michelle L. Somers, Zoning Administrator BLL H Gay Street -P.O, Box Washington, Virginia 22747 Phone: (540) 675-5343 Fax: (540) 675-5341 ‘wn rappahannockcoungvagov November 14, 2018 Joseph B. Long, 13185 Deep Run Mill Road Goldvein, VA 22720 And John Cappiali 14168 Lee Highway Amissville, VA 20106 Re: ‘TM#31-32A, Notice of Violation Dear Mr. Long and Mr, Cappiali, ‘Thank you for your cooperation inviting Mr. Cuny and I onto the referenced property on October 30, 2018 to perform an inspection. Please be advised that the following zoning violations were observed at the time of the inspection: 1. Keeping of at least 23 inoperable or junk vehicles when no more than two may be stored outside in any zoning district pursuant to Rappahannock County Code 170-31.C. Inoperable Vehicle is defined as “Any motor vehicle, trailer, semitrailer, or bus which is inoperable but which is economically infeasible to restore to operable condition or any motor vehicle, trailer, semitrailer or bus whose license plate and/or required inspection sticker has expired.” I understand that you contend that many of the vehicles and wailers located on the property are “farm use” vehicles and trailers. You agreed that several vehicles (inoperative passenger automobiles) were not farm use and that you are working to remove them. Beyond the passenger automobiles, there are many trucks and trailers in various states of repair that also appear to be inoperative vehicles and not operable farm use implements. Please note that while Rappahannock County Code 143-1 regarding solid waste uses a slightly different definition for “Inoperable Vehicle” that states “The term “inoperable vehicle’ does not include a vehicle previously used in agricultural operations that is stored on the owner's land zoned agricultural for the purpose of providing parts, and is not visiblefrom a public road or property owned by another” the chapter of the code also states in 143-12, conflict with other laws: “Nothing in this Chapter 143 (Solid Waste) shall be deemed to conflict with the provisions of Chapter 170 (Zoning) of this Code, and any action taken by the County of Rappahannock or by the Zoning Administrator pursuant to Chapter 170 shall be independent of, and not governed by, this chapter, and any action taken by the County of Rappahannock or by the County Administrator pursuant to this Chapter 143 shall be independent of, and not governed by, Chapter 170.” Further, even if it were to apply to zoning, most if not all of the inoperable vehicles were not “previously used in agricultural operations.” Operating an “Automobile Graveyard,” which is defined in 170-8 as “Any lot or place which is exposed to the weather and upon which more than two inoperable or junk motor vehicles, trailers, semitrailers, buses or the like are placed, located or found” in a zoning district within which it is not permitted and without permits. The number of “inoperable or junk motor vehicles, trailers, semitrailers, buses or the like” vastly exceeds the allowable number of two. Existence of scrap heaps as an accessory use are specifically prohibited by 170-70.B.(2). ‘There are several instances of materials stored haphazardly outside with a presumed intention of future use that appear to be scrap heaps. Parking of more that one commercial vehicle per occupantoperator in any resource conservation district (as the Agriculture district is included pursuant to 170-34.A) is not permitted per 170-70,B.(11). You confirmed that there is only one CDL licensed driver residing at the property yet there is more than one commercially licensed tractor trailer rig and multiple trailers commercially licensed (noting that none of the plates were reviewed to confirm a valid registration). Storage outside is limited to that allowable as an Accessory Use pursuant to 170-70.B.(19). ‘The principle use of the property in question is the use as your residence with agriculture plans within the Agriculture zoning district. Storage outside must be “clearly subordinate to” and “customarily found in association with and serves” the principle use. “The magnitude and number of contractor-based equipment and other mechanical equipment (more than four fork lifts, fifteen or more generators, crane vehicles, compactors, multiple snowplows to be mounted on trucks and heavy equipment, multiple tractor trailer rigs and wailers, multiple man lifis, etc.) vastly exceeds what would be customarily found in a residential or agricultural use. Operation of a home occupation (contractor business ~ Paladin Unlimited, LLC) pursuant to 170-71 that is not permittable due to the fact that such use is not listed as being allowable by 170-71.B. Further, 170-71.D states “(2) No mechanical or electrical equipment shall be employed other than machinery or equipment customarily found in the home associated with a hobby or a vocation not conducted for gain or profit or machinery or equipment which is essential to the conduct of the home occupation” and *(8) No outside display of goods or outside storage of equipment or materials used in the home occupation shall be permitted.” Operating a Contractor's office/shop/yard without a Special Exception permit in the Agriculture zoning district as required by 170-36.E and as defined as “Establishments for the construction and/or repair of buildings, roads and utility lines; installation and servicing of heating, cooling and electrical equipment; flooring; painting, plumbing, roofing and tiling; and/or excavating.” Internet research indicates your business, Paladin Unlimited, is conducted from the address of 14168 Lee Highway (TM#31-32A). Paladin Unlimited isadvertised as a general contractor and excavation company and is licensed by the Virginia Department of Occupation and Regulation (DPOR) as a Class A contractor and issued license number 2705161155. The address listed by DPOR for Paladin Unlimited, LLC is your home address of 14168 Lee Highway, Amissville, VA. Equipment and materials stored outside at your property appear consistent with that expected to be used by a general tor and further suggests your nced for a special exception permit. This notice of violation is your last and final notice to correct the referenced compliance issues and discontinue use of the property as a home occupation and/or contractor's office/shop/yard. Failure to provide an actionable correction plan to me within 30 days of your receipt of this letter will result in my al of this zoning compliance matter to the Board of Supervisors with a recommendation to pursue legal action pursuant to 170-125.C. Compliance item numbers 1-3 must be eliminated through the removal of vehicles and equipment; nce item numbers 4-7 may be able to be resolved through your application and however, complia receipt of a Special Exception permit for a contractor's office/shop/yard with conditions attached that clearly permit the issues identified in compliance item numbers 4-7. Such a permit can only be issued following your application and a subsequent public hearing by the Board of Supervisors, who have complete diseretion to issue a special exception permit or not. If you are inclined to pursue a special exception permit, your application for the special exception permit must be le correction plan, submitted with your acti¢ You have a right to appeal my decision to the Board of Zoning Appeals within 30 days in accordance with §15.2-2311 of the Code of Virginia. Should you decide to appeal, the fee for doing so is $700. My decision shall be final and not appeatable if not appealed within 80 days. Further information concerning the appeal process is available from my office. However, we cannot render legal advice, so you should consult with your own attorney on anything requiring such advice. Sincerely, Nuguldanwes Michelle Somers Zoning Administrator Enc. 10-30-2018 photograph: AL, A2, A3; Inoperable vehicles, reference number 1 of letter BI, B2, B3; Storage, reference number 5 of letter Cl, C2; Commercial Vehicle reference number 4 of leer Garrey Curry, County Administrator Art Goff, County Attorney CERTIFIED MAIL