A Zoning Ordinance Text Amendment to Sections 5-006.5, 12-610 and 15-300 Related to Utilization of Low Impact Development Techniques with Site Development
WHEREAS, on October 25, 2007, the Planning Commission initiated this text amendment; and
WHEREAS, on November 29, 2007, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and
WHEREAS, on January 10, 2008, the Fauquier County Board of Supervisors held a public hearing on this amendment; and
WHEREAS, adoption of the attached amendment to Sections 5-006-5, 12-610, and 15-300 supports good zoning practices, convenience, and the general welfare; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 10th day of January 2008, That Sections 5-006, 12-610, and 15-300 be, and are hereby, amended as follows:
5-006 General Standards for Special Permits and Special Exception Uses
In addition to the special standards set forth hereinafter for specific uses, all special permit and special exception uses shall also satisfy the following general standards:
1. The proposed use shall be such that it will not adversely affect the use or development of neighboring properties. It shall be in accordance with the applicable zoning district regulations and the applicable provisions of the adopted Comprehensive Plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.
2. The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the site.
3. In addition to the standards which may be set forth in this Article for a particular category or use, the BZA and Board may require landscaping, screening, yard requirements or other limitations found to be necessary and appropriate to the proposed use and location.
4. Open space shall be provided in an amount at least equal to that specified for the zoning district in which the proposed use is located.
5. Adequate utility, drainage, parking, loading and other necessary facilities to serve the proposed use shall be provided. Low Impact Development techniques shall be incorporated into site and facility design where appropriate. Parking and loading requirements shall be in accordance with the provisions of Article 7.
6. Signs shall be regulated by the provisions of Article 8, except as may be qualified in the Parts that follow for a particular category or use. However, the BZA and the Board, under the authority presented in Section 007 below, may impose more strict standards for a given use than those set forth in this Ordinance.
7. The future impact of a proposed use will be considered and addressed in establishing a time limit on the permit, if deemed appropriate. Existing and recent development, current zoning and the Comprehensive Plan shall be among the factors used in assessing the future impact of the proposed use and whether reconsideration of the permit after a stated period of time would be necessary and appropriate for the protection of properties in the vicinity and to ensure implementation of the Comprehensive Plan.
8. The proposed use shall be such that air quality, surface and groundwater quality and quantity, are not degraded or depleted to an extent that would hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.
9. Except as provided in this Article, all uses shall comply with the lot size, bulk regulations, and performance standards of the zoning district in which located.
Adequate drainage for the disposition of storm and natural waters both on and off-site shall be provided. The extent and nature of both on-site and off-site treatment including on-site stormwater retention, where deemed appropriate and necessary, are to be determined by the developer in conference with the Director and other agencies, as applicable, and in accordance with the most current version of Chapter 11 of the County Code and Chapter 2 of the Design Standards Manual. Low Impact Development techniques shall be incorporated into site and facility design where appropriate.
LOW IMPACT DEVELOPMENT:
Low Impact Development (LID) is a design strategy with the goal of
maintaining or replicating the pre-development hydrologic regime through
the use of design techniques to create a functionally equivalent
hydrologic site design. Hydrologic functions of storage, infiltration
and ground water recharge, as well as the volume and frequency of
discharges are maintained through the use of integrated and distributed
micro-scale stormwater retention and detention areas, reduction of
impervious surfaces, and the lengthening of runoff flow paths and flow
time. Other strategies include the preservation/protection of
environmentally sensitive site features such as riparian buffers,
wetlands, steep slopes, valuable (mature) trees, flood- plains,
woodlands, and highly permeable soils.