A Resolution REFERRING TO THE PLANNING COMMISSION AN Amendment to the ZONING ORDINANCE TO Authorize the consideration of the entire effect of a boundary line adjustment upon multiple non-conformities

WHEREAS, the Board of Supervisors has determined that the initiation and consideration of a proposed text amendment to the Zoning Ordinance to permit Zoning Administrator to consider the overall effect of a boundary line adjustment upon multiple non-conforming uses is appropriate, in the public interest, and consistent with good zoning practice and public convenience; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 10th day of May 2007, That the Board does hereby forward the following proposed Zoning Ordinance text amendment to the Fauquier County Planning Commission for its consideration and recommendation:



Section 10-104

            Notwithstanding any other provision of the Ordinance, where multiple non-conformities exist on a lot, including nonconformities related to other ordinances of the County or requirements of the Code of Virginia, the Zoning Administrator may permit one or more of the non-conformities to be expanded or enlarged where the Zoning Administrator finds that:

(1)    The expansion or enlargement of the non-conformity is the result of a boundary adjustment of property with an adjacent property owner; and

(2)    The boundary adjustment has made one or more of the existing non-conformities more conforming to the provisions of the Ordinance; and

(3)    The expansion of the non-conformity will not have an adverse effect on the use of development of neighboring properties; and

(4)     The expansion of the non-conformity will not impair the value of neighboring properties.

Any such finding of the Zoning Administrator shall be appealable to the Board of Supervisors within 30 days of the date of the decision by the Zoning Administrator.


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