Board of Supervisors Meeting Date:

Department of Community Development

May 19, 2003

Staff Lead:


Kimberley Johnson, Zoning Administrator

Community Development


An Ordinance Approving the Amendment to Section 5-1812.7 of the Fauquier County Zoning Ordinance to Allow Property Farmerís Markets to be Located on Adjacent Properties Under the Same Ownership or Lease as the Parcel Containing the Primary Residence of the Proprietor


Topic Description:  

The Planning Commission voted at its March 27, 2003 meeting to hold a public hearing on this proposed text amendment.  The public hearing was held on April 24, 2003 , and the Planning Commission voted to send the text amendment forward with refined text, as provided in Attachment 1, for the Board of Supervisors public hearing and approval.  

The current Zoning Ordinance standards for farmerís markets limit the location of this use to the lot that ďcontains the bona fide, primary residence of the property owner or lessee.Ē  The proposed text amendment would permit a farmerís markets to be conducted on properties adjacent (not necessarily contiguous) to where the ownerís or lesseeís primary residence is located, when that property is also owned or leased by the same individual or entity.  

In the case where multiple properties are farmed by the same owner or under the same lease, this amendment would provide more flexibility in the location of a farmerís market.  An adjoining or nearby parcel might provide improved siting for a market in terms of road access, sight distance or compatibility with the surrounding land relative to the property where the primary residence is situated.  The ownership or lease requirement would prevent several area farmers from picking a centralized site and operating the type of operation that is better suited for a Commercial Zoning District.  

A farmerís market is permitted in the Rural Agriculture Zoning District with special permit approval from the Fauquier County Board of Zoning Appeals.  Site plan approval also is mandatory.  

Farmerís markets must be located on a lot of at least five (5) acres in size.  The use also is subject to road standards, parking and loading area setbacks, restrictions upon the types of materials offered for sale and VDOT and Health Department approvals.  

The special permit requirement allows for specific review of each individual application by the Board of Zoning Appeals.



Requested Action of the Board of Supervisors: 


Hold the public hearing for the text amendment as set forth in the attached Ordinance for approval.

Financial Impacts Analysis:

No analysis was conducted for this proposed amendment.

Identify any other Departments, Organizations or Individuals that would be affected by this request:  

Community Development

Board of Zoning Appeals

 Attachment 1             Ordinance of approval