ORDINANCE

WHEREAS, the Fauquier County Zoning Ordinance currently permits residential uses in the Rural Agriculture and Rural Conservation Zoning Districts; and 

WHEREAS, residents of properties located in the Rural Agriculture and Rural Conservation Zoning Districts have requested the ability to hold limited fundraising activities at their residences; and  

            WHEREAS, this amendment would make limited fundraising, as defined in the standards, a permitted accessory use to residential uses in Rural Agriculture and Rural Conservation Zoning Districts; and 

WHEREAS, a no-fee administrative permit would be required from the Zoning Administrator to ensure compliance with Health Department and similar regulations; and  

WHEREAS, on June 27, 2002, the Fauquier County Planning Commission held a public hearing and voted to forward the amendment with a recommendation for approval; and  

WHEREAS, on July 15, 2002, the Fauquier County Board of Supervisors held a public hearing; and  

WHEREAS, the Fauquier County Board of Supervisors has determined that adoption of this amendment would be in keeping with the intent of the Zoning Ordinance and would be in the public’s best interest; now, therefore, be it  

ORDAINED by the Fauquier County Board of Supervisors this 15th day of July 2002, That Section 6-102 be amended by adding number 29 to permit limited fundraising as an accessory use, as defined in the standards, as a permitted accessory use to residential uses in Rural Agriculture and Rural Conservation Zoning Districts.  The section will be amended to read as follows:  

29.  Fundraising by local non-profit and governmental entities shall be permitted as an    accessory use to residential uses in the Rural Agriculture and Rural Conservation zoning districts, if the accompanying standards are met.  An administrative permit is required.

Fundraising under this subsection shall be subject to the following performance standards.   

a.       In no event shall fireworks, hot air balloons or helicopters be used for any event(s).

b.      In no case shall attendance exceed 1,000, based upon the capacity of the facility.

c.       The maximum number of events shall not exceed two (2) in any calendar year.

d.      All grass areas used for parking shall be mowed and maintained as to minimize the risk of vehicle and field fires.

e.       The applicant shall provide adequate security, emergency services, traffic control, sanitation and refreshment services at every event activity.

f.        The applicant shall require its employees/volunteers and all invitees to strictly comply with State burning laws and copies of such laws shall be posted on site.

g.       The applicant shall conform at all times to County Health Department regulations.

h.       All uses under this category shall be conducted so as to meet all noise performance standards enumerated in Article 9 of the Fauquier County Zoning Ordinance.

i.         During events with outdoor music or amplified sound, the maximum permitted sound pressure noise levels shall not exceed 60 decibels at the property line(s).

j.        All events shall be conducted between the hours of 8:00 a.m. and 11:00 p.m. provided that all outdoor music shall cease no later than 10:00 p.m.  Event preparation and breakdown shall cease by 11:00 p.m.

k.      All lighting shall be in conformance with the Fauquier County Zoning Ordinance and positioned downward, inward and shielded to eliminate glare from all adjacent properties.

l.         Virginia Department of Transportation approval and installation of entrance shall occur prior to any event being held.

m.     The applicant shall provide a copy of the local non-profit’s IRC §501.c. determination letter from the Internal Revenue Code or a letter from the governmental agency stating that the event is being held for the benefit of the governmental agency.

n.       The site shall contain a minimum of 50 acres and have a minimum of 300 feet of frontage on a road designated by the County as a major collector (or higher) in the Comprehensive Plan unless the Zoning Administrator in issuing this permit determines that the type and amount of traffic generated by the fund raising event is such that it will not cause an undue impact on the neighbors or adversely affect safety of road usage.