ORDINANCE

 

TEXT AMENDMENT TO SECTION 2-406, SUBSECTION (4) OF THE FAUQUIER COUNTY ZONING ORDINANCE TO PROHIBIT LOTS, IN CONVENTIONAL SUBDIVISIONS OF TWENTY-FIVE OR MORE LOTS, IN RR-2, R-1, R-2,  R-3, AND R-4 DISTRICTS  FROM CONTAINING ANY PORTION OF A ONE HUNDRED YEAR FLOODPLAIN

  

WHEREAS, on April 26, 2005, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and

 

WHEREAS, on July 14, 2005, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

 

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

 

ORDAINED by the Fauquier County Board of Supervisors this 14th day of July 2005, That Section 2-406 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

 

 

2-406               Open Space Requirements

 

                        [Subsections 1 – 3 Same]

 

4.   In the approval of a cluster subdivision or a conventional subdivision of twenty-five or more lots in the RR-2, R-1, R-2, R-3, and R-4 Districts, in no case shall the applicable regulations or use limitations for the district be modified or changed, nor shall any lot extend into an estimated floodplain area. unless approved by the Commission based on the determination that:

 

A. The particular floodplain, by reason of its size or shape, has no

particular open space value, and

 

B. The lot, exclusive of floodplain, contains seventy-five (75)

percent of the required minimum lot area specified for the

district in which located.

 

                        [Subsections 5 and 6 Same]