ORDINANCE 

A Zoning Ordinance Text Amendment to Sections 5-014 and 5-015 to Clarify Existing Expiration Rules and to Establish an Expiration Date for Special Permits and Special Exception Uses After A Period of Inactivity 

            WHEREAS, on November 29, 2007, the Planning Commission initiated this text amendment; and  

WHEREAS, on January 31, 2008, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and  

            WHEREAS, on March 13, 2008 and April 10, 2008, the Fauquier County Board of Supervisors held a public hearing on this amendment; and 

            WHEREAS, adoption of the attached amendment to Sections 5-014 and 5-015 support good zoning practices, convenience, and the general welfare; now, therefore, be it           

            ORDAINED by the Fauquier County Board of Supervisors this 10th  day of April 2008, That Sections 5-014 and 5-015 be, and are hereby, amended as follows: 

5-014                           Expiration 

1.   With the exception of public uses, whenever an administrative permit, special permit or special exception is issued by the Zoning Administrator, BZA or Board, the activity authorized thereby shall be established and or construction authorized shall be diligently pursued within such time as the permit specified or, if no such time has been specified, then within one (1) year after the effective date of such permit or exception unless a longer period of time to establish the use has been approved as a condition of the permit.  If the use or construction has not commenced within the required period, a period of one (1) year, such administrative permit, special permit or special exception shall automatically expire without notice.   

2.   Once an activity authorized by an administrative permit, special permit or special exception has commenced, the permit shall expire at the date specified in the permit.  If no date is specified in the permit, it shall expire only if the activity authorized by the permit ceases for a period of two (2) or more years.  This expiration provision shall apply to all special permits and special exceptions, including those approved prior to adoption of this provision. 

3.   The BZA or Board may grant an extension to a special permit and special exception because of the occurrence of conditions unforeseen at the time of granting the special permit or special exception, upon application by the original permitee for such extension. 

5-015                           Revocation of an Administrative Permit, Special Permit or Special Exception 

1.      Unless a time limit is specified for an  An administrative permit, 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 Zoning Administrator, 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.

Back to Agenda...