PUBLIC HEARING AGENDA REQUEST

Sponsor/Applicant:

Board of Supervisors Meeting Date: 

Harry Atherton, Marshall District

July 15, 2002

Staff Lead:

Department: 

Carolyn G. Bowen, Zoning Administrator

Community Development

Topic:  TEXT AMENDMENT TO SECTION 6-102 (PERMITTED ACCESSORY USES) OF THE FAUQUIER COUNTY ZONING ORDINANCE

Topic Description:

This text amendment would add number 29 to Section 6-102 (Permitted Accessory Uses) to allow limited fundraising activities on properties located in the Rural Agriculture (RA) and Rural Conservation (RC) zoning districts.  A no-fee administrative permit would be required from the Zoning Administrator to ensure compliance with Health Department, Virginia Department of Transportation and similar regulations.

The Zoning Office annually becomes aware of such events, many of which are violations of the current Zoning Ordinance regulations.  Many of these events now require special permit approval from the Fauquier County Board of Zoning Appeals for a temporary use.  The Zoning Administrator usually does not learn of an event until an inquiry is made by a neighbor or through advertisement.  By that time, all arrangements for the event have been finalized, and insufficient time exists to obtain the special permit.  As a result, the landowner is warned to obtain the necessary special permit for any future event.

The amendment would allow events as permitted accessory uses while providing reasonable standards to limit size and activities.  The Zoning Administrator would determine compliance with standards through the administrative zoning permit process.

No parcel could be the site for more than two of these events in a year, and the amendment would contain standards to limit the impact of such activities.  Many of these performance standards for this new category are identical to those regularly placed on special exception approvals for Class C or higher events.

Fundraisers currently require a special permit for a temporary use, but the beneficiaries are limited to local non-profit organizations having their primary administrative offices in Fauquier County, such as fire and rescue departments, the local SPCA or similar groups.  If approved, the text amendment would allow fundraisers for any non-profit group as defined in the Internal Revenue Code, for a governmental agency or for a department such as Parks and Recreation.  The proposed amendment would permit fundraisers for groups or organizations such as the Democratic National Committee, Loudoun Memorial Hospital, Make a Wish Foundation, or other qualifying non-profit entities.

On May 30, 3003, the Board of Supervisors voted to refer this text amendment to the Planning Commission.  The Planning Commission held a public hearing on June 27, 2002, and forwarded this amendment to the Board with a recommendation for approval as presented herein.

 

Requested Action of the Board of Supervisors: 

Approval of the text amendment to the Zoning Ordinance as reflected in Attachment 1.

 

Financial Impacts Analysis:

No financial impact analysis was conducted.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Community Development 

 Attachment 1: Copy of Ordinance