WHEREAS, Schiebel Technology, Inc., applicant, has filed an application for special exception approval to establish an industrial use in the rural agricultural zoning district; and

WHEREAS, the Planning Commission held a public hearing on this application on March 28, 2002 and has forwarded the application to the Board of Supervisors; and

WHEREAS, the Board of Supervisors has considered the written and orally presented information of the applicants and conducted a public hearing for this application on May 20, 2002; and

WHEREAS, the Board of Supervisors has determined that the application is in substantial conformance with the Comprehensive Plan and the applicable provisions of the Zoning Ordinance; now, therefore, be it

RESOLVED by the Fauquier County Board of Supervisors this 20^th day of May 2002, That the application of Schiebel Technology be, and is hereby, approved, subject to the following conditions:

1. The special exception is granted for and runs with the land indicated in this application and is not transferable to other land.

2. This special exception is granted only for the purpose(s), structure(s) and/or use(s) indicated on the special exception plat approved with the application, dated January 28, 2002, as qualified by these development conditions, with the exception that up to two additional acres of land may be utilized for the expansion of the use established by this special exception, with all other development conditions remaining in effect with said expansion.

3. This special exception is subject to the provisions of Article 12 of the Fauquier County Zoning Ordinance, Site Plans, as may be determined by the Fauquier County Department of Community Development.

4. The applicant shall file a site plan within one year of approval of this special exception.

5. The subject parcels under this special exception shall not be subdivided without amendment to the special exception in accordance with the provisions of Article 5 of the Zoning Ordinance.

6. The limits of disturbance shall be limited to those areas indicated on the special exception plat, unless the Director determines that some modification is necessary at the time of site plan review due to final engineering requirements.

7. Best Management Practices shall be incorporated into stormwater management designs to the satisfaction of the County Engineer as determined at the time of site plan review.

8. The applicant shall obtain all necessary approvals for a commercial well and septic drainfield from the Health Department prior to site plan approval. If the final drainfield system is alternative (as classified by the Commonwealth of Virginia) in nature, the applicant shall enter into an operation and maintenance agreement with a qualified party and provide evidence of such an agreement to the Building Official prior to the issuance of the Certificate of Occupancy.

9. The applicant shall comply with all applicable zoning regulations, including but not limited to setbacks, buffer yards, tree canopy, landscaping, parking and lighting.

10. The building façade shall be designed in a nature similar to a residential or agricultural structure to maintain the character of the area. An architectural rendering shall be submitted to the Zoning Administrator at the time of site plan submission to ensure that this condition is satisfied.

11. A commercial entrance capable of accommodating two-way traffic shall be constructed to VDOT’s satisfaction; with final design standards to be determined at time of site plan review.

12. The hours of operation shall be 8:00am to 5:00pm, Monday through Friday, with emergency service operations only permitted in the evenings or on the weekends.

13. Any test flights of the product produced on site shall be limited to the hours of operation specified in condition #12 above, shall not occur over any property other than those included in the application, and shall be limited to a flight box area to be depicted on the final site plan. The flight box area shall not be closer than 100 feet from any adjacent property line.

14. Test flights at a height in excess of 500 feet in elevation shall be conducted only after the applicant has provided the Federal Aviation Administration with a “Notice to Airmen” no later than the day of such testing in order to minimize potential air-related conflicts generated by this use.

15. The number of employees on site shall not exceed 25.

16. All lighting shall be back shielded and directed inward and downward so as to minimize off-site impacts.

17. There shall be no retail sales associated with this use.