ORDINANCE

AN ORDINANCE APPROVING AMENDMENTS TO SECTIONS OF THE FAUQUIER COUNTY ZONING ORDINANCE TO CORRECT REMAINING CITATIONS OF TITLE 15.1 OF THE CODE OF VIRGINIA TO THE CORRECT TITLE 15.2

WHEREAS, Title 15.1 of the Code of Virginia was repealed and reenacted as Title 15.2; and

WHEREAS, various sections of the Fauquier County Zoning Ordinance still contain references to the repealed Title 15.1; and

WHEREAS, these Zoning Ordinance text amendments would correct those references to the correct Title and subsection numbers; and

WHEREAS, these amendments will not alter those sections of the Zoning Ordinance in terms of content or interpretation; and

WHEREAS, on April 24, 2003 , the Fauquier County Planning Commission held a public hearing and voted to recommend approval; and

WHEREAS, on May 19, 2003 , the Fauquier County Board of Supervisors held a public hearing; and

WHEREAS, the adoption of these text amendments is in keeping with the spirit of the Zoning Ordinance 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 19th day of May 2003, That the following sections of the Fauquier County Zoning Ordinance be, and are hereby, amended to read as follows:

Section 1-200              14.        to protect the agricultural areas, recognizing their importance to the economic base, their potential for land use conflicts, and the existence of Agricultural and Forestal Districts created pursuant to Chapter 36, Title 15.1 15.2 Code of Virginia; taking into account requirements contained therein;

                                    15.        to accomplish all other objectives and exercise all other powers as contained in Article 8, Chapter 11, Title 15.1 15.2 Code of Virginia; taking into account requirements contained therein;

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4-301                           Designation and Intent

1.   Designation:    Districts may hereafter be created which are designated as Historic Area (HA) Districts within the definition of historic area found in Section 15.1-430b 15.2-2201, Code of Virginia.  Said districts may be created only by amendment of the Zoning Ordinance as provided in Part 2 of Article 13.

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4-501               Purpose and Intent

                                               The Airport Safety and Impact Overlay District (APSID) is intended to acknowledge the unique safety regulation requirements of airports on airport land and adjacent land areas and unique impacts, such as noise, on adjacent land.  This overlay district is intended, in accordance with the provisions of Section 15.1491.02 15.2-2294 of the Code of Virginia, to provide for the regulation of the height of structures and natural growth for the purpose of protecting the safety of air navigation and the public investment in air navigation facilities.  It is also intended to provide restrictions on uses which may impact aircraft safety by interference with aircraft electronics, pilot visibility and other aspects of safety of flight.  Finally, it is the intent of this overlay district to regulate the location in the immediate vicinity of an airport of uses that are noise sensitive.

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5-010                           Site Location Plan Approval

1.   Review by the Commission in accordance with the provisions of Section 15.1-456 15.2-2232, Code of Virginia, shall be conducted concurrently with the Commission's review of special exceptions concerning the use, if such special exception is required.

2.       The Commission shall hold a public hearing in accordance with the provisions of Section 13-110 of this Ordinance concerning all uses subject to review in accordance with the provisions of Section 15.1-456 15.2-2232, Code of Virginia, as amended.

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5-1703                                                  Additional Standards for Heavy Industrial Uses

GG.   Any industrial use which may exceed any one of the following:

(1)  Consumption of more than 10,000 gallons of water in any one day or more than 150,000 gallons in any consecutive thirty day period excluding facilities for which approval is required under 15.1-456 15.2-2232, Code of Virginia, as amended.

(2)  Discharge of more than 10,000 gallons of wastewater in any one day or 150,000 gallons in any consecutive thirty day period, excluding facilities for which approval is required under 15.1-456, 15.2-2232 Code of Virginia, as amended.

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PART 12                                 8-1200             NONCONFORMING SIGNS

Signs which are either nonconforming uses or are accessory uses to such nonconforming uses are set forth in Article 10 of this Ordinance and Title 15.1 15.2 of the 1950 Code of Virginia, as amended, as of the effective date of this Article shall continue to be lawful as nonconforming uses in accordance with such Article; provided, however, that in the event that the nonconforming uses become an unlawful use, then the subject sign shall be deemed to be an unlawful sign.  However, nonconforming signs if damaged to more than one-half (1/2) of the appraised value may not be repaired or replaced; extent of damage to be determined by the Building Inspector.  Anything in this Ordinance to the contrary notwithstanding the Board of Zoning Appeals shall have the authority upon application made therefore, to permit the repair, relocation or replacement of any nonconforming sign provided that said Board of Zoning Appeals shall make the following findings:

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PART 17                        8-1700               VARIANCES

        

                                    Variances from the provisions of Article 8 of this Ordinance may be

                                       granted by the BZA in accordance with the standards and provisions for

the granting of variances as set forth in Part 4 of Article 13 and Title 15.1 15.2, Code of Virginia.

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12-601                         Costs and Specifications

All improvements required by this Article shall be installed at the cost of the developer.  Where cost sharing or reimbursement agreements between the County and the developer are appropriate, the same shall be recognized by formal written agreement prior to site development plan approval and shall be subject to VDOT review and acceptance.  Where specifications have been established either by VDOT for streets, etc., or by this Ordinance for related facilities and utilities, such specifications shall be followed.  The developer's performance bond shall not be released until construction has been inspected and accepted by the County and by the VDOT.  Partial bond releases may be granted in accordance with Article 15.1-466(1) 15.2-2241 of the Code of Virginia, 1950, as amended.  The Board of Supervisors delegates the authority for bonding including bond releases, reductions and extensions to the Director of Community Development.

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12-612                                                  Utilities

6.                  The cost of providing reasonable and necessary sewerage, water, and drainage facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the construction or improvement of his subdivision or development, shall be in accordance with Section 15.1466(j) 15.2-2243 of the Code of Virginia.

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13-202                         Amendments

1.   Generally

A.     Whenever public necessity, general welfare or good zoning practice requires, the Board may by general ordinance amend, supplement or change the regulations, restrictions, district boundaries or classification of property established by majority vote; provided, that no such action may be taken until after public hearings have been held in accordance with the provisions of Sections 15.1-431 15.2-2204 and 2205, Code of Virginia.  At such public hearings, parties in interest and citizens shall have an opportunity to be heard.

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13-202.2

      D.        Proffered Condition Regulations

Where an application contains conditions to be proffered in accordance with Section 15.1-491.2:1, 15.2-2298, Code of Virginia the submission shall include a written statement to that effect signed by the applicant and the owner, to include contract purchaser as well as written statements, development plans, profiles, elevations and/or other demonstrative materials proffered.  Proffered conditions shall be subject to the following procedures and regulations.

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13-205                         Referral to Planning Commission, Action by Planning Commission

In accordance with Title 15.1 15.2, Code of Virginia, proposed amendments to this Ordinance, change in district boundaries or classification of property shall be referred by the Board, or its administrative representative, to the Planning Commission for its recommendation.  The Commission shall hold a public hearing on such application or resolution, as provided by Section 13-204.  After conclusion of the public hearing, unless the proceedings are terminated as provided herein, the Commission shall consider the proposed amendment or resolution and send to the Board is recommendation and appropriate explanatory materials.  Where the amendment has been initiated by the Board, failure of the Commission to report to the Board within sixty-five (65) days after the first meeting of the Commission, following the date the proposed amendment has been referred to the Commission, shall be deemed approval by the Commission.  Where the amendment is initiated by petition of the owner, contract purchaser with the owner's written consent or the owner's agent, the failure of the Commission to report to the Board within ninety (90) days after the date of the last public hearing or within one hundred eighty (180) days of filing shall be deemed approval by the Commission.

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PART 3                                   13-300            APPEALS

13-301                         Initiation

Any person aggrieved or any officer, department, board, commission or authority of the County affected by any decision of the Zoning Administrator or by any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this Ordinance may appeal such decision to the BZA, except a decision of the Zoning Administrator made pursuant to the provisions of Code Section 15.1-491.3 15.2-2292.  Any zoning applicant or any other person who is aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of Section 15.1-491.3 15.2-2292 may petition the governing body for the review of the decision of the Zoning Administrator.  All such petitions for review shall be filed within thirty (30) days from the date of the decision for which review is sought, and such petitions shall specify the grounds upon which the petitioner is aggrieved.

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14-102                         Authority and Establishment

The Planning Commission was established in conformance with a resolution adopted by the Board of Supervisors pursuant to the provisions of Article 3, Chapter 11, Title 15.1 15.2 of the Code of Virginia.  The Planning Commission heretofore established shall continue as the Planning Commission for the purpose of this Ordinance.  The official title of this Commission shall be the "Fauquier County Planning Commission".

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PART 2                                   14-200             BOARD OF ZONING APPEALS

14-201                         Purpose

In recognition that many of the provisions of this Ordinance are of a nonspecific and general nature and that they are not perfect and are subject to interpretation, the BZA is established to vary specific terms of the Ordinance so the intent of the provisions may be accomplished, but only in a manner that the spirit of the Ordinance is maintained and upheld.  In addition, the BZA is established to perform those duties as set forth in Article 8, Chapter 11, Title 15.1 15.2 of the Code of Virginia and those duties as set forth in the provisions of the Ordinance.

14-202                         Authority and Establishment

The BZA was established pursuant to the provisions of Article 8, Chapter II, Title 15.1 15.2 of the Code of Virginia.  The BZA heretofore established shall continue as the BZA for the purpose of this Ordinance.  The official title of the board shall be the "Fauquier County Board of Zoning Appeals", and such body shall also be known by the abbreviation "BZA".

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14-210                         Decisions Subject to Judicial Review

All decisions and findings of the BZA shall be final decisions, and shall, in all instances, be subject to judicial review in the manner provided by Article 8, Chapter 11, Title 15.1 15.2 of the Code of Virginia.

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15-300                                                  Definitions

CAPITAL IMPROVEMENTS PROGRAM:  A document adopted by the Board in accordance with 15.1-464 15.2-2239, Code of Virginia, and abbreviated CIP.

COMPREHENSIVE PLAN:  The official document or elements thereof adopted by the Board, and intended to guide the physical development of the County or a portion thereof.  Such plan, including maps, plats, charts, policy statement and/or descriptive material, shall be that adopted in accordance with Section 15.1-450 15.2-2226 of the Code of Virginia.

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APPENDIX B             FAUQUIER COUNTY BOARD OF SUPERVISORS POLICY ON HOUSING LOW AND MODERATE INCOME FAMILIES

III.                                           STANDARDS 

A.        The developer must provide assurance to the County that the units to be provided for the housing of low and moderate income families will continue to be available for that purpose for at least five (5) years.  This assurance shall take the form of a proffer tendered in accordance with Sections 15.1-491.1 through 491.6 15.2-2298, Code of Virginia or other mechanism approved by the Board.