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TUESDAY, DECEMBER 14, 1993 <br />adopted during the 1994 Virginia General Assembly amending a Special <br />Act enacted at the 1993 General Assembly providing for the termination <br />of certain non-conforming zoning uses by the governing body of the <br />City· The City Attorney presented a Resolution asking that the Special <br /> <br />Act be amended as follows: <br /> <br />Section 1. Notwithstanding the provisions of Section 15.1- <br />492, the governing body of the City of Martinsville may, by <br />amending its zoning ordinance, provide that an existing non- <br />conforming use may be terminated after a reasonable period of <br />time where such non-conforming use involves the <br />transportation or temporary storage of any hazardous waste, <br />as defined in Section 10.1-1400, provided that such governing <br />body determines that the transportation or temporary storage <br />of any hazardous waste involved in said non-conforming use <br />either poses a clear and present threat to the health and <br />safety of surrounding residential homeowners living adjacent <br />to such non-conforming use, or diminishes the fair market <br />value of their properties. <br /> <br />That this act shall expire on July 1, 1998. <br /> <br />Mayor McClain and Vice-Mayor Adams expressed concern about the proposed <br />Resolution, especially with regard to its limited applicability to <br />"residential homeowners" and with regard to it allowing for termination <br />of use in the event a determination is made that it "diminishes the <br />fair market value" of properties. Mayor McClain introduced a <br />substitute Resolution which allowed for applicability to "persons <br />living" adjacent to the use and which eliminated termination of use <br />resulting from diminishment of property values. Vice-Mayor Adams <br />suggested that Mayor McClain's substitute Resolution be broadened to <br />apply to "persons living or working" adjacent to the use. Councilman <br />Williams and Councilman Draper voiced support for the Resolution as <br />drafted by the City Attorney. Councilman Draper made a motion to adopt <br />the Resolution as drafted by the City Attorney. This motion was <br />seconded by Councilman Williams. Councilman Oakes expressed concern <br />about the proposed Resolution's reference to the diminishment of <br /> <br /> <br />