ORDINANCE

AN ORDINANCE APPROVING AMENDMENT TO SECTION 5-015 OF THE FAUQUIER COUNTY ZONING ORDINANCE TO CLARIFY THE language contained in the ordinance and bring the section into accord with the language in the code of Virginia

WHEREAS, the Code of Virginia states a special exception or a special permit may not be revoked unless proper notification and hearing are provided to the holder of the special exception or special permit; and

WHEREAS, the current language of the Ordinance allows the Board of Zoning Appeals or Board of Supervisors to revoke the permit or exception via the original letter of violation, if the holder does not request a hearing before the issuing body; and

WHEREAS, the Code of Virginia mandates notice and hearing before any revocation is issued, even if the holder does not request or appear at such a hearing, the specific permit may not be revoked until the issuing body holds such a meeting; and

WHEREAS, the amendment would clarify the revocation procedure; and

WHEREAS, on January 23, 2003 , the Fauquier County Planning Commission held a public hearing; and

WHEREAS, the Planning Commission voted unanimously to forward a recommendation for approval; and

WHEREAS, on February 18, 2003 , the Fauquier County Board of Supervisors held a public hearing; and

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

ORDAINED by the Fauquier County Board of Supervisors this 18th day of February 2003, That Section 5-015 of the Fauquier County Zoning Ordinance be, and is hereby, amended to clarify the language contained in the Ordinance and bring the Section into accord with the language in the Code of Virginia; and, be it

ORDAINED FURTHER, That Section 5-015 (Revocation of a Special Permit or Special Exception) be amended; and, be it

ORDAINED FINALLY, That Section 5-015 of the Zoning Ordinance be amended to clarify the revocation procedure.  The section shall be amended to read as follows:

5-015   Revocation of a Special Permit or Special Exception

1.                  Unless a time limit is specified for a special permit or special exception, the same shall be valid for an indefinite period of time but shall be revocable on the order of the BZA or Board at any time because of the failure of the owner or operator of the use covered by the permit or exception to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions in connection with the special permit or special exception that were designated in issuing the same.

2.                  Before revoking any special permit or special exception, however, the BZA or Board shall give the holder thereof at least fifteen (15) ten (10) days written notice of violation.  If within such ten (10) days, the exception holder so requests, (T)the BZA or Board shall hold a hearing on the revocation of the permit or exception pursuant to the requirements of Section 13-111 of the Ordinance and Section 15.2-2204 of the Code of Virginia and shall give the applicant at least fifteen (15) ten (10) days advance written notice of the hearing date either by registered mail or by having the notification served personally on him.

3.                  The foregoing provisions shall not be deemed to preclude the use of the other remedy prescribed by law or by this Ordinance with respect to violations of the provisions of this Ordinance.