ORDINANCE 

AN ORDINANCE TO APPROVE THE 6TH ADDITION TO THE

COBBLER MOUNTAIN AGRICULTURAL AND FORESTAL DISTRICT

WITHIN FAUQUIER COUNTY

 

            WHEREAS, Section 15.2-4310, Code of Virginia (1950), as amended, allows additional parcels of land to be added to an existing district following the process described for the creation of a new 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 17th day of June 2002, That the 6th Addition to the Thumb Run Agricultural and Forestal District be, and is hereby, adopted as follows:

1)      That this addition is land which requires conservation and protection for the production of food and other agricultural and forestal products, and as such is a valuable natural and ecological resource providing open space and clean air and adequate safe water supplies and other aesthetic purposes and is, therefore, valuable to public interest.

2)      That this 6th Addition to the Thumb Run Agricultural and Forestal District is hereby added this 17th day of June 2002, in accordance with the provisions of Title 15.2, Chapter 43, Section 15.2-4310, Code of Virginia (1950), as amended, and for a period of eight (8) years.

3)      That the 6th Addition shall consist of the following parcel(s):

Thomas and Patricia Fabyanic         6938-85-7801-000                  28.172 acres

and be it,

FURTHER ORDAINED, That the same conditions and restrictions shall apply, to wit:

4)      That pursuant to Title 15.2, Chapter 43, Section 15.2-4312, (b) of the Code of Virginia (1950), as amended, the Fauquier County Zoning Ordinance shall apply, except as modified below.  The 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 shall require a special exception permit, except that farming and single-family dwellings on a legally recorded parcel of record shall be permitted by-right.

b)      Subdivision of land as defined in Article 2-39 of the Fauquier County Subdivision Ordinance is not permitted.

c)      No special exception shall be in conflict with the purposes for which the District was created.

5)      That these parcels qualify for land use value assessment, provided that the parcels meet the criteria set forth in Article 4 of Section 58.1-3229 et seq. of Chapter 32 of Title 58.1 of the Code.

6)      That the owners of land within the District shall not terminate the District, except in accordance with Section 15.2-4314 of the Code.

7)      That lawful termination of any ownerís 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 15.2-4314 of the Code.

8)      That parcels under twenty-five (25) acres shall be excluded, except where exempted by the Board.

9)      That if the parcel is subdivided or boundary adjusted to below twenty-five (25) acres, then the parcel shall be removed from the district.

That the District will expire on March 6, 2006.