ORDINANCE

A Zoning Ordinance Text Amendment to Section 11-102 to Allow a Legally Existing Non-Conforming Cell Tower to be Relocated on the Same Lot

            WHEREAS, on October 11, 2007, the Board of Supervisors 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 Section 11-102 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

11-102

4.        Non-Conforming Towers.    Nothwithstanding any other Provision of this Article, a legally existing Telecommunications Tower which does not comply with the requirements of this article may be relocated and reconstructed at an alternate location on the same lot by approval of a special exception by the Board of  Supervisors where such relocation results in a tower that is more conforming than the existing tower, as determined by the Board of Supervisors.

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