Board of Supervisors Meeting Date:

Planning Commission


January 12, 2006

Staff Lead:



W. Todd Benson, Assistant Zoning Administrator


Community Development



A Zoning Ordinance Text Amendment to Section 2-310.5 to Prohibit Future Boundary Line Adjustments to Lots Created Through Certain Family or Administrative Divisions  


Topic Description:


Section 2-310.5 of the Fauquier County Zoning Ordinance allows large lot divisions to be taken from a parcel where a family division or administrative division of 5 acres or less has previously occurred.  The proposed text amendment would prohibit this exception unless the smaller parcel is deed restricted to prohibit subsequent boundary line adjustments to it.

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report:


The purpose of this amendment is to help foster retention of large lots suitable for agricultural purposes. This proposed amendment was initiated by the Planning Commission on October 27, 2005 and recommended for approval by a 4 – 1 vote on December 7, 2005.


The Planning Commission was supportive of the amendment but had a detailed discussion about whether the Board of Supervisors should be encouraged to grandfather preliminary plats, boundary adjustments, or administrative division plats accepted for processing by not finalized at the time of ordinance adoption.  The motion to recommend approval was silent on grandfathering.  During the discussion on the motion, several planning commissioners stated that grandfathering was within the province of the Board of Supervisors.  No recommendation was made, however, setting forth the Planning Commission’s position. If the Board of Supervisors elects to grandfather boundary line adjustments to increase the size of family divisions or administrative parcels of five acres or less applied for or approved prior to the effective date of this Ordinance, an alternative Ordinance is attached.




Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Economic Development