A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 13-406 TO GRANT EXEMPTIONS TO MINIMUM LOT WIDTH, MINIMUM LOT FRONTAGE, MINIMUM SETBACK REQUIREMENTS, AND CERTAIN RESIDENTIAL HEIGHT REQUIREMENTS, TO DELETE CERTAIN VARIANCE AUTHORITY DELEGATED TO THE ZONING ADMINISTRATOR AND THE BOARD OF ZONING APPEALS, AND TO AMEND SECTIONS 2-413, 2-505, AND 3-324 FOR CONSISTENCY WITH THESE CHANGES
WHEREAS, on December 7, 2005, the Planning Commission initiated this text amendment; and
WHEREAS, on January 26, 2006, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors recommending its adoption; and
WHEREAS, on March 9, 2006, 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 public convenience, general welfare, and good zoning practices, 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 9th day of March 2006, That Sections 13-406, 2-413, 2-505, and 3-324 of the Fauquier County Zoning Ordinance be, and are hereby, amended as follows:
13-406 Authority of Zoning Administrator to Grant Exemptions
1. The Zoning Administrator is authorized to grant a modification from any provision contained in the Zoning Ordinance with respect to minimum lot width, minimum lot frontage, minimum setback requirements, and, in RA and RC Districts, height requirements for single family houses up to ten feet, provided extra living space is not added, if the Zoning Administrator finds in writing that: (a) the strict application of the ordinance would produce undue hardship; (b) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (c) the authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.
2. Prior to the granting of a modification, the Zoning Administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. The Zoning Administrator shall make a decision on the application for modification and issue a written decision, within 90 days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period, with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this subsection.
3. The decision of the Zoning Administrator shall constitute a decision within the purview of Virginia Code § 15.2-2311, and may be appealed to the Board of Zoning Appeals.
2-413 Reduction in Front Yard Requirements
With respect to the one (1) or more lots lying between other lots (a) in
the same block, and (b) within a distance of 600 feet on each side, and
(c) there are existing buildings on the other lots with front yards less
than the front yard required for the district, the
2-505 Use Limitations on Corner Lots
1. On every corner lot within the triangle formed by the street lines of such lot and line drawn between points on such lines which are thirty (30) feet from the intersection thereof, there shall be no structure or planting of such nature and dimensions as to obstruct lateral vision other than a point, column or trunk or tree, (but not branches or foliage) which is not greater than one (1) foot in cross section or diameter. Such lateral vision shall be maintained between two (2) horizontal planes, one of which is three and one-half (3 1/2) feet, and the other ten (10) feet above the average elevation of the existing surface of either street at the center line thereof.
2. Since the purpose of this provision is to promote public safety by
preserving reasonable sight distance for vehicular traffic at street