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HomeMy WebLinkAbout92-19ORDINANCE N0. 92-19 ORDINANCE PERMITTING FONTAINE MODIFICATION COMPANY TO PERFORM MINOR MODIFICATIONS TO HEAVY TRUCKS AS CONDITIONAL USE AT 1040 EAST MAIN STREET ADOPTED: November 4, 1992 EFFECTIVE: November 4, 1992 L~ - 112 - • ORDINANCE NO. 92-19 ORDINANCE PERMITTING FONTAINE MODIFICATION COMPANY TO PERFORM MINOR MODIFICATIONS TO HEAVY TRUCKS AS CONDITIONAL USE AT 1040 EAST MAIN STREET WHEREAS, Fontaine Modification Company has requested permission to perform a limited number of minor modifications to new Volvo heavy trucks at the former L. A. Joe/Heck's building (52,000 square feet). The proposed use is to be temporary, until a new facility can be constructed and made operational in Pulaski County. According to the conditional use application, FONTAINE plans to install small, light chassis equipment. WHEREAS, Fontaine Modifications will use only air or electric hand tools, such as drills, impact wrenches and small grinders. Fontaine will not use a paint booth or any heavy fabrication equipment. WHEREAS, the use will be no more objectionable than other permitted uses in the B-2 (General Business District) because the use would not create any hazardous, objectionable or offensive conditions • outside the building by any source, including but not limited to odor, dust, smoke, cinders, fumes, noise, vibration, heat, glare, wastes, fire or explosion and the use would be harmonious with such commercial uses in all significant respects, including but not limited to signage, traffic flow, and exterior appearances; and WHEREAS, the subject location is zoned B-2 (General Business) and a light industrial use required a conditional use permit; and WHEREAS, after advertisement as required by law, the Planning Commission held a public hearing on November 4, 1992 and recommended approval of the conditional use; and WHEREAS, after advertisement as required by law, a public hearing was held by the Town Council of the Town of Pulaski, Virginia, on November 4, 1992, wherein the plans of the applicant and the concerns of the neighbors were addressed; NOW, THEREFORE, be it ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in special session on November 4, 1992, that the application of Fontaine Modification Company to locate a facility on a temporary basis to perform minor modifications to heavy trucks at 1040 East Main Street (Tax Map No. 072-140-0000-109) as set forth in the application submitted to the Town, is hereby approved as a conditional use, with the following conditions to maintain compatibility with the B-2 Zone: - 113 - 1. The contemplated uses are the affixing of components to the cab and chassis areas of the trucks, mounting hydraulic systems, changing steering locations, gas tank installation, aerodynamic • modifications, changes to axles, brakes, and suspensions, and other similar modifications to newly manufactured trucks. No dissimilar use is permitted. No use is permitted which would create any hazardous, objectionable or offensive conditions outside the building by any source, including but not limited to odor, dust, smoke, cinders, fumes, noise, vibration, heat, glare, wastes, fire or explosion. All usage must be harmonious with nearby commercial uses in all significant respects, including but not limited to signage, traffic flow, and exterior appearances. 2. There will not be any paint booths on the premises, and the only painting permitted will be minor touchup painting incident to other modifications. There will not be any mass storage of toxic or explosive materials on the premises. 3. The fabrication facilities on the premises will be limited to incidental modification work. The operation wilt not be that of a machine shop or similar establishment. The primary tools to be used will be hand-held wrenches, drills, grinders and the like, with limited spot welding. The use of any other tools creating objectionable noise is prohibited. 4. No heavy trucks will be parked outside the building. All work must be done within the building. All trucks must enter and exit the building at the rear. 5. There will be no outside storage of parts, materials, trash, or debris, except that trash and debris may be placed in a PSA dumpster at the rear of the building or at a point approved by the Town. • 6. The conditional use will be void if the premises are vacated b Fontaine Modification Y Company or if the use is discontinued by Fontaine Modification Company for more than thirty (30) days. 7. In the event of a dispute as to whether or not a use is similar or dissimilar, or otherwise allowable, or in the event that this ordinance requires interpretation, the findings of the Town Council will be final. 8. The Town Council reserves the right to review the impact of the proposed use on neighboring businesses after twelve months from the adoption of this ordinance, and to revoke the conditional use permit or modify the conditions as the Council deems appropriate, with or without further hearings on the matter. 9. Violation of any of the above conditions shaft constitute grounds for revocation of the occupancy permit. This use is also subject to any other restrictions imposed by the B-2 Zone and any other applicable laws and regulations. This ordinance is effective upon adoption and is adopted by recorded vote on the Town Council • of the Town of Pulaski, Virginia on this 4th day of November, 1992, as follows: - 114 - Charles D. Crispin Absent Andrew L. Graham Aye J. R. Schrader, Jr. Aye E. G. Black, Jr. Ah~PnY Roy H. D'Ardenne, Jr. Aye Alma Holston n~A W. H. Schrader, Jr. Aye Robert N. Glenn ASP TOWN OF PULASKI, VIRGINIA BY: GARY ANCOCK,MAYOR ATTEST: Rebekah Corso Acting Clerk of Council i - 115 - l I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia, hereby certify that the foregoing Ordinance No. 92-19 permitting Fontaine Modfication Company to perform minor modifications to heavy trucks as conditional use at 1040 EAst Main Street, is a true and correct copy of Ordinance No. 92-19 as adopted by the Town Council at their special meeting on November 4, 1992. Ru h A, Harrell, Clerk of Council i•