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 SETBACKS 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 with 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, and on February 10, 2005, the Fauquier County Board of Supervisors held a public hearing on this 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 10th day of February 2005, That 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:
Livestock are allowed in RA, RC, RR-2, and V districts
Livestock are allowed in R-1 districts
c. Nothing in paragraphs a or b, immediately above, circumvents, overrules, or abolishes restrictions on the keeping of livestock imposed by legal covenants.
Except for livestock and dogs, as provided in Subsection 3
below, the keeping of
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 ;
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.
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
hydroponic 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
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.