behind special use permits and special exceptions is that
some uses, while appropriate in the underlying zoning
district, have the potential to be disruptive or harmful to
the community. The process of issuing a special use permit
or a special exception allows the government to tailor
specific conditions on the use to ensure that public welfare
and good zoning practices are preserved.
special use permit or a special exception is issued, there
is nothing in the Fauquier County Zoning Ordinance that
prohibits an owner from piling on additional by-right uses
and possibly jeopardizing the careful balance undertaken
when conditioning the special use permit or special
exception. The proposed text amendment is intended to
correct this oversight.
proposed text amendment was initiated by the Planning
Commission on February 17, 2005. On March 31, 2005, the
Planning Commission held a public hearing and subsequently
voted to recommend adoption to the Board of Supervisors. The
Board of Supervisors held a public hearing on May 12, 2005,
and closed the public hearing. No action has been taken.
proposed Text Amendment herein reflects that presented at
the public hearing (Revision Date: 5-12-05). The second
Text Amendment (Revision Date: 6-03-05) is different and
clarifies that uses allowed on a given property “by right”
may also occur, unless specifically prohibited as a
condition of approval for the considered special exception
or special use permit.