ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 7-604 TO ALLOW THE ZONING ADMINISTRATOR TO WAIVE OR MODIFY BUFFER REQUIREMENTS IN RA AND RC DISTRICTS

  

WHEREAS, on February 17, 2005, the Planning Commission held a public hearing on the issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and

 

WHEREAS, on April 14, 2005, 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 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 14th day of April 2005, That Section 7-604 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

 

 

7-604

 

            [1 through 3 same]

 

4. Buffer Yard Waivers and Modifications.

 

Buffer yard requirements may be waived or modified by the Zoning Administrator in the following circumstances. The Zoning Administrator may attach conditions to any waiver or modification in order to assure that the results of the waiver or modification will be in accord with the intent of this ordinance.

 

  1. Where the strict provisions of this section would reduce the usable area of a lot configuration or size to a point which would preclude a reasonable use of the lot, buffer yards may be waived, reduced and/or modified by the Zoning Administrator, upon showing that the building and/or yard has been designed to minimize adverse impact through a combination of architectural, landscape and/or other design techniques.

 

  1. The Zoning Administrator may waive, reduce and/or modify buffer yard requirements:

 

(1)                              If the topography of the lot providing the buffer yard and the lot being protected is such that the required buffer yard would not be effective; or

 

(2)                              For any public use when it has been specifically designed to minimize adverse impacts on adjacent properties; or

 

(3)                              When a land use is proposed adjacent to a lake, pond, wetland, or other natural area, which is to remain undeveloped, and which is at least 300 feet in width.

 

  1. The Zoning Administrator may waive, reduce and/or modify buffer yard requirements in RA and RC districts when, in the opinion of the Zoning Administrator, reasons or factors for employing buffers are not present.