ORDINANCE

ZONING ORDINANCE TEXT AMENDMENT TO ELIMINATE

BUILDING MATERIAL SALES AS A USE

WHEREAS, the Fauquier County Zoning Ordinance currently lists “building material sales less than one acre (lot area)” and “building material sales more than one acre (lot area)” as specific uses under Category 12, Commercial Retail uses; and

WHEREAS, the Ordinance does not contain a specific definition for “building material sales”; and

WHEREAS, on October 31, 2003 the Circuit Court, on appeal of a decision of the Board of Zoning Appeals, determined that a home improvement store is properly classified as “building materials sales” under the existing language of the zoning ordinance; and

WHEREAS, the Fauquier County Planning Commission considered eliminating “building material sales less than one acre (lot area)” and “building material sales more than one acre (lot area)” uses from Section 3-312 (Commercial Retail) so that such uses would be reviewed consistent with the same standards and procedures as “retail sales establishments”; and

WHEREAS, on January 29, 2004, the Planning Commission held a public hearing; and

WHEREAS, on January 29, 2004, the Planning Commission voted to delete “building material sales less than one acre (lot area)” and “building material sales more than one acre (lot area)” as separate uses; and

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance and is in the best interest of the citizens of Fauquier County; and

WHEREAS, on March 15, 2004, the Fauquier County Board of Supervisors held a public hearing on these amendments; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 15^th day of March 2004, That Section 3-312 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows: