WHEREAS, on April 26, 2005, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and


WHEREAS, on June 9, 2005, the Fauquier County Board of Supervisors held a public hearing on this amendment; and


             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, 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 9th day of June 2005, That Sections 3-312 and 3-315 of the Fauquier County Zoning Ordinance be, and are hereby, amended as follows:



7-604 Landscape and Buffering Requirements


[1 through 3 same]


4. Buffer Yard Waivers and Modifications.


Buffer yard requirements may be waived or modified by the Zoning

Administrator in the following circumstances. The Zoning Administrator may

attach conditions to any waiver or modification in order to assure that the results

of the waiver or modification will be in accord with the intent of this ordinance.


a. Where the strict provisions of this section would reduce the usable area of a

lot configuration or size to a point which would preclude a reasonable use of

the lot, buffer yards may be waived, reduced and/or modified by the Zoning

Administrator, upon showing that the building and/or yard has been designed

to minimize adverse impact through a combination of architectural,

landscape and/or other design techniques; or


b. The Zoning Administrator may waive, reduce and/or modify buffer yard



(1) If the topography of the lot providing the buffer yard and the lot being

protected is such that the required buffer yard would not be effective; or


(2) For any public use when it has been specifically designed to minimize

adverse impacts on adjacent properties; or


(3) When a land use is proposed adjacent to a lake, pond, wetland, or other

natural area, which is to remain undeveloped, and which is at least 300

feet in width; or


c. The Zoning Administrator may waive, reduce and/or modify buffer yard

requirements in RA and RC districts when, in the opinion of the Zoning Administrator,  reasons or factors for employing buffers are not present; or


d.  In cases where similar uses adjoin each other, the Zoning Administrator may approve a reduction in the buffer requirements between such similar uses.  As appropriate and reasonable, the Zoning Administrator may require increased landscaping elsewhere on the site.  The increased landscaping shall be focused in areas adjacent to potentially conflicting land uses, if such exist.