ATTACHMENT 3

ORDINANCE

A Proposed Zoning Ordinance Text Amendment to Section 10-200 to Allow Certain Illegal Nonconforming Lots, in Existence Prior to January 1, 1980, to be Used for Any Use Permitted in the Zoning District Where it is Located

            Whereas, Raymond M. Pennington, III has filed an application to request the County to amend the Zoning Ordinance to permit certain lots or parcels which were not lawfully subdivided to be utilized as building lots under terms and conditions set forth in the proposal; and 

            WHEREAS, on March 29, 2007 the Planning Commission conducted a public hearing on the proposed amendments and unanimously recommended denial of the proposed amendments, determining that the applicant’s proposed amendments and suggested alternatives are not consistent with good zoning practice, not in the best interest of the public, not consistent with the general welfare, and otherwise fail to satisfy the standards set forth in Section 15.2-2286 of the Code of Virginia; and

            WHEREAS, on May 10, 2007 the Board of Supervisors conducted a public hearing on the proposed amendments; and

            WHEREAS, the Board of Supervisors has considered the applicant’s argument in support of the proposed amendments, the reports of county staff and public comment related to the application; and

            WHEREAS, the Board finds that the adoption of the amendment supports good zoning practices, convenience, and the general welfare; now, therefore, be it           

            ORDAINED by the Fauquier County Board of Supervisors this 12th day of July 2007, That Section 10-207 be and hereby is added to the Zoning Ordinance as follows:

10-207             Nothwithstanding anything to the contrary contained in this ordinance, the subdivision ordinance or any prior ordinances, including but not limited to provisions regarding outlots, remnants and substandard subdivisions, if a non-conforming lot was created prior to January 1, 1980 and such lot meets the minimum lot size, frontage, lot width and applicable area requirements of the district in which the lot is located, said lot may be used for the uses permitted in such district. 

                        This section shall not be construed to permit uses not otherwise permitted of lots recorded (1) as boundary adjustments; (2) for the purpose of adding acreage to an existing parcel; or (3) lots created for specific purposes, such that the same are incongruent with permitted uses in the district in which such lot is situation, e.g., lots dedicated to access, utilities, open space or wells.  

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