ORDINANCE

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.

SITE PLANS

12-610                         Drainage

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.   

DEFINITIONS

15-300

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.  Low Impact Development (LID) is an innovative stormwater management approach with a basic principle that is modeled after nature: manage rainfall at the source using uniformly distributed decentralized micro-scale controls. LID's goal is to mimic a site's predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, and detain runoff close to its source. Techniques are based on the premise that stormwater management should not be seen as stormwater disposal. Instead of conveying and managing/treating stormwater in large, costly end-of-pipe facilities located at the bottom of drainage areas, LID addresses stormwater through small, cost-effective landscape features located at the lot level. These landscape features, known as Integrated Management Practices (IMPs), are the building blocks of LID. Almost all components of the development site have the potential to serve as an IMP. This includes not only open space, but also rooftops, streetscapes, parking lots, pedestrian and bike connections, sidewalks, landscaping and medians.

 

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