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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Title 15.1 of the Code of Virginia was repealed and reenacted as Title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references to the repealed Title 15.1; and WHEREAS,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 WHEREAS,
on 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 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. to accomplish all other
objectives and exercise all other powers as contained in Article 8,
Chapter 11, Title ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 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
------------------------------------------------------------------------------------- 5-010 Site Location Plan Approval 1. Review
by the Commission in accordance with the provisions of Section 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 ------------------------------------------------------------------------------------- 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 (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 ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 13-202.2 D. Proffered Condition Regulations Where an
application contains conditions to be proffered in accordance with Section
------------------------------------------------------------------------------------- 13-205 Referral to Planning Commission, Action by Planning Commission In accordance with Title 15.1 ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 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 14-202
Authority and Establishment The BZA was established pursuant to the provisions of
Article 8, Chapter II, Title ------------------------------------------------------------------------------------- 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 ------------------------------------------------------------------------------------- 15-300
Definitions CAPITAL
IMPROVEMENTS PROGRAM: A
document adopted by the Board in accordance with 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 ------------------------------------------------------------------------------------- APPENDIX B
FAUQUIER 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 |