AN ORDINANCE TO APPROVE THE FIRST RENEWAL OF AND FIRST ADDITION TO THE RED OAK MOUNTAIN AGRICULTURAL AND FORESTAL DISTRICT
WHEREAS, Section 15.2-4311, Code of Virginia (1950), as amended, states that the local governing body may complete a review of any District together with additions to such District; and
WHEREAS, all requirements of Section 15.2-4310, Code of Virginia (1950), as amended, have been met; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 9th day of June 2005, That the 1st Renewal of and 1st Addition to the Red Oak Mountain Agricultural and Forestal District be, and is hereby, adopted as follows:
1) That this renewal shall expire on June 30, 2013;
2) That this 1st Addition to the Red Oak Mountain Agricultural and Forestal District be, and is hereby, added this 9th day of June 2005, in accordance with the provisions of Title 15.2, Chapter 43, Section 15.2-4310, Code of Virginia (1950), as amended, until the expiration of the District on June 30, 2013;
3) That the Renewal, with additions, shall consist of the following parcel(s):
; and, be it
ORDAINED FURTHER, That the following conditions and restrictions shall apply:
1. That pursuant to Title 15.2, Chapter 43, Section 15.2-4309 of the Code of Virginia (1950), as amended, the Fauquier County Zoning Ordinance shall apply except as modified below. These modifications are necessary to assure that the Ordinance does not conflict with the purpose for which the District was established.
a. All uses allowed by right in the applicable zoning District(s) for each parcel listed shall require a special exception, except for agricultural or forestal production and construction of dwellings for persons who earn a substantial part of their livelihood from a farm operation on the property or for members of their immediate family. No special exception shall be in conflict with the purposes for which the District was created.
b. Subdivisions of land as defined in Article 2-39 of the Fauquier County Subdivision Ordinance are not permitted.
2. That these parcels shall qualify for land use value assessment provided that the parcels meet the criteria of Section 58.1-3229 and 58.1-3244 of the Code of Virginia.
3. That the owners of land within the District shall not terminate the District except as provided for in Section 15.2-4314 of the Code of Virginia.
4. That lawful termination of any owner’s association in the District shall not serve to terminate the existence of the District, but the District shall continue in effect until the review required by Section 15.2-4309 of the Code of Virginia.
5. If any portion of a parcel less than 25 acres is sold, boundary line adjusted or divided, then the entire parcel shall automatically be removed from the District.
6. If any portion of a parcel greater than 25 acres is sold, boundary line adjusted or divided to below 25 acres then any portion less than 25 acres shall automatically be removed from the District.
7. On June 30, 2013, the District shall expire.