The Fauquier County Zoning Ordinance
currently states calculations for tree canopy requirements be
based on the canopy at 10 years of maturity, while the Code of
Virginia calls for the calculations to be based upon a 20-year
maturity. The Code of
Virginia also states “the ordinance shall provide for reasonable
exceptions to or deviations from these requirements to allow for
reasonable development of farm land or other areas devoid of woody
materials, for the preservation of wetlands, or otherwise when the
strict application of the requirements would result in unnecessary
or unreasonable hardship to the developer.”
To date, the Fauquier County Zoning Ordinance has no
specific means of providing such a waiver or modification.
The amendment package would empower the Zoning
Administrator to make determinations regarding requests for
waivers or modifications to tree canopy requirements.
The Zoning Administrator already has the authority to grant
waivers to landscape and buffer ordinances.
Please note this
text amendment is needed to bring the landscape and buffering
section of the Zoning Ordinance into conformance with the Code of
Planning Commission unanimously recommended that the Zoning
Ordinance revision be adopted.
The staff report
with additional background information is provided as Attachment 1