ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 7-102 TO WAIVE CERTAIN PARKING REQUIREMENTS

  

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 Section 7-102 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

 

7-102               General Provisions

 

                        [1 through 13 – Same]

                       

14. If there is uncertainty with respect to the amount of parking spaces required by the provisions of this Ordinance as a result of an indefiniteness as to the proposed use of a building or of land, the maximum requirement for the general type or use that is involved shall govern, except as provided in Subsection 18 of this Section.

 

[15 through 17 – Same]

 

18. When an applicant can demonstrate through its records, technical studies, shared parking agreements, or other probative evidence, that the parking requirements of this Article are in excess of what is reasonably necessary, the Director shall determine the number of spaces to be provided.  Appeals of the Director’s decision shall be taken to the Planning Commission which will have the final decision making authority.