ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTIONS 6-102, 6-105, 15-300, AND 2-512 TO ALLOW LIVESTOCK ON PARCELS SMALLER THAN 2 ACRES IN RA, RC, RR-2, V, AND R-1 DISTRICTS, TO ESTABLISH SET BACKS FOR ANIMAL ENCLOSURES, AND TO ELIMINATE THE DEFINITION OF

COMMONLY ACCEPTED PETS

 

WHEREAS, Fauquier County has a key objective to protect the rural character of the County; and

 

WHEREAS allowing livestock on parcels of land under two acres is consistent of that objective; and

 

WHEREAS, that objective is also consistent with stated objectives and recommendations within the adopted Comprehensive Plan; and

  

WHEREAS, on December 8, 2004, the Planning Commission held a public hearing on the issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and

 

WHEREAS, on January 13, 2005, the Fauquier County Board of Supervisors held a public hearing on these amendment; and

 

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

 

ORDAINED by the Fauquier County Board of Supervisors this 13th day of January 2005, That of Sections 2-512, 6-102, 6-105, and 15-300 of the Fauquier County Zoning Ordinance be, and are hereby, amended as follows:

 

 

2-512               Limitations on Keeping of Animals

 

1.   Keeping of livestock, fowl and animals of a wild nature shall not be allowed outdoors on any lot less than two (2) acres in area except as follows:

 

a.   Livestock are allowed in RA, RC, RR-2, and V districts provided such property is not in a service district.  Such livestock shall be limited to 1 animal unit, or fraction thereof, per two acres of land provided, however, that the vegetative cover is not overgrazed or otherwise disturbed so as to cause, or threaten to cause, erosion and provided further that animal waste is properly managed to prevent off site migration of wastes or waste by-products.

 

b.   Livestock are allowed in R-1 districts provided such property is not in a service district.  Such livestock shall be limited to .5 animal unit, or fraction thereof, per two acres of land provided, however, that the vegetative cover is not over grazed or otherwise disturbed so as to cause, or threaten to cause, erosion and provided further that animal waste is properly managed to prevent off site migration of wastes or waste by-products.

     

2.   Except for livestock and dogs as provided in Subsection 3 below, the keeping of commonly accepted pets animals shall be allowed as an accessory use on any lot provided such pets animals are for personal use and enjoyment, and not for any commercial purpose, provided further that such animals, birds, or fowl are confined to the interior of the dwelling or other permitted accessory buildings or otherwise under the direct personal control of the owner.

 

3.      Dogs which are kept as pets not exceeding four (4) in number shall be permitted upon any property if they are confined to the site by chain, pen or other such restraints.  Five (5) to twelve (12) dogs may be kept upon the property provided they are penned or restrained so as not to roam nearer than forty (40) feet from any property line and the lot contains two (2) or more acres.  Dogs less than six (6) months of age shall not be counted.

 

 

 

6-102               Permitted Accessory Uses

 

Accessory uses and structures shall include, but are not limited to, the following uses and structures, provided that such uses or structure shall be in accordance with the definition of Accessory Use contained in Article 15.

 

1.    Antenna structures

.

2.    Barns and any other structures that are customarily incidental to an

agricultural use on a tract of land not less than two (2)  acres; houses, sheds, pens and other similar structures for the housing of livestock when such animals are permitted on two acres or less.

 

 

                          [3 through 29 - Same]

 

 

6-105               Location Regulations

 

1. If an accessory-type building is attached to a principal building by any wall or roof construction, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this Ordinance applicable to a principal building.

 

2. Off-street parking and loading spaces shall be located in accordance   with the provisions of Article 7.

 

3. Signs shall be located in accordance with the provisions of Article 8.

 

4. Wayside stands shall be located in accordance with the provisions of

Paragraph 23 of Section 102 above.

 

5. Ponds shall be located in accordance with the provisions of Paragraph 24 of Section 102 above.

 

6. Barns shall not be located less than 100 feet from any property line,   except if located on a property zoned RC/Rural Conservation, RA/Rural Agriculture, I-1/Industrial or I-2/Industrial and also if located on a property line adjacent to property zoned RC/Rural Conservation, RA/Rural Agriculture, I-1/Industrial or I-2/Industrial, then the Board of Zoning Appeals may reduce this setback requirement by approval of a special permit.

 

7.  Houses, sheds, pens and other similar structures on lots of two acres or less for the housing of livestock shall be set back  25 feet from the side and rear lot lines and not permitted in any required minimum front yard ;

 

 

7 8. The following regulations shall apply to the location of all accessory

structures or uses except those specifically set forth in Paragraphs 1-5 7 above.

 

A. An accessory structure or use, no part of which exceeds seven (7) feet in eight, may be located in any part of any side or rear yard, except as qualified in Section 2-505.

 

B. No accessory structure or use shall be located in any required minimum front yard, except fences which do not exceed five feet in height, statues, arbor, trellis or flagpole, gate and gate posts.

 

C. No accessory structure or use which exceeds seven (7) feet in height shall be located in any required minimum side yard except as may be expressly permitted by a variance granted in accordance with the provisions of Part 4 of Article 13.

 

D. No accessory structure or use which exceeds seven (7) feet in height shall be located closer than a distance equal to its height to any lot line in the rear yard except as may be expressly permitted by a variance granted in accordance with the provisions of Part 4 of Article 13.

 

E. On a corner lot, the rear line of which adjoins a side lot line of a lot to the rear, no accessory structure or use which exceeds seven (7) feet in height shall be located: (1) Nearer to any part of the rear lot line that adjoins the side yard on the lot to the rear than a distance equal to the required minimum side yard on such lot to the rear, or, (2) Nearer to the side street line than a distance equal to the required front yard on the lot to the rear.

 

15-300                                                 Definitions

15-301                                                  

AGRICULTURE: The use of a tract of land not less than five (5) acres for (a) the tilling of the soil, (b) the growing of crops or plant growth of any kind in the open, including forestry, (c) pasturage, (d) horticulture, (e) dairying, (f) floriculture or (g) raising of poultry and/or livestock.  The term agriculture shall not include the following uses: (a) the maintenance and operation of commercial greenhouses and hydroponics farms, (b) the operation or maintenance of a commercial stockyard or feed yard, (c) the manufacture, processing or storage of mulch made from off-site material or for commercial purposes, (d) the sorting and grading of logs and trees except where the logs and trees are from on-site or from adjoining properties. Furthermore, the definition of agriculture shall not be deemed to preclude (a) the keeping of livestock on parcels of two (2) acres in size as permitted by Section 2-512, or (b) gardening as permitted as an accessory use in Section 6-102, provided, however, subsection (c) of this above provision shall not apply to applications received by the Department of Community Development on or before March 17, 2003.

 

PETS, COMMONLY ACCEPTED: Domesticated rabbits; hamsters; ferrets; gerbils; guinea pigs; pet mice and pet rats; turtles; fish; dogs; cats; domestic chickens; duck and geese under two (2) months old; birds, such as canaries, parakeets, doves, and parrots; worm/ant farms; non-poisonous spiders; chameleons and similar lizards; and non-poisonous snakes.

 

ANIMAL UNIT; An animal unit is the equivalent of 1,000 pounds of live animal weight.   Thus, a 1,200 pound dairy cow would be 1.2 animal units and a 200 pound hog would be .2 animal units. For purposes of this ordinance, the following shall be deemed equivalent to one animal unit at maturity: 1 cow, 1 bull, 1 horse, 2.5 sows (swine), 2 boars (swine), 5 ewes (sheep), 3.75 rams(sheep), 6 goats, 3 llamas, 6 alpacas, 3 ostrich, 7 emus, 11 rheas, 75 chickens, 35 turkeys.