AN ORDINANCE TO APPROVE THE 11th ADDITION TO THE UPPERVILLE AGRICULTURAL AND FORESTAL DISTRICT
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 13th day of July 2006, That the 11th Addition to the Upperville 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 the public interest.
2) That this 11th Addition to the Upperville Agricultural and Forestal District is hereby added this 8th day of June 2006, in accordance with the provisions of Title 15.2, Chapter 43, Section 15.2-4310, of the Code of Virginia, (1950), as amended, until the expiration of the District on June 30, 2011.
3) That the 11th Addition shall consist of the following parcels:
; and, be it
ORDAINED FURTHER, That the following conditions and restrictions shall apply, to wit:
1. That pursuant to Title 15.2, Chapter 43, Section 15.2-4312 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 permit 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.
b. Subdivision of land as defined in Article 2-39 of the Fauquier County Subdivision Ordinance is not permitted.
c. No special exception permit shall be in conflict with the purposes for which the District was created.
2. That these parcels shall qualify for land use value assessment provided that the parcels meet the criteria of Article 4 of Section 58.1-3229 et seq. of Chapter 32 of Title 58.1 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 15.2-4311 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 the portion less than 25 acres shall automatically be removed from the District.