AGENDA REQUEST

Sponsor:

 Board of Supervisors Meeting Date:

 

Planning Commission

 

June 9, 2005

Staff Lead:

Department:

 

W. Todd Benson, Assistant Zoning Administrator

 

Community Development

Topic:

 

A Zoning Ordinance Text Amendment to Section 5-001 to Establish that After Special Exceptions or Special Use Permits are Issued, all Subsequent Changes in Use Must be Approved by Amendment of the Special Exception or Special Use Permit

 

Topic Description:

 

The amendment would establish that after special exceptions or special use permits are issued, all subsequent changes in use must be approved by amendment of the special exception or special use permit.

 

Requested Action of the Planning Commission:

Consider adoption of one of the two attached Ordinances.

Financial Impact Analysis:

No financial impact analysis has been conducted.

 

Summary Staff Report:

 

The concept 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.

 

Once a 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.

 

This 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.

 

The 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.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Economic Development

 

Attachments:

  1. Proposed Text Amendment (Revision Date: 5-12-05)
  2. Proposed Text Amendment (Revision Date: 6-03-05)