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In addition
to the typical setback requirements that apply to all
structures, the Fauquier County Zoning Ordinance also
requires that barns be set back a minimum of 100 feet from
any property line. The setback requirement for non-barn
structures in the RA zoning district is 75 to105 feet from
the centerline of a street for the front yard, and 25 feet
for the side and rear yard. The Board of Zoning Appeals has
recently considered several variance requests related to a
reduction of the required 100-foot setback for barns. This
raises the question of whether the 100-foot setback
requirement may be excessive when a variance would not
impact adjoining properties. Typically, a request for such
a variance could not meet the high standards for approval
needed.
A review of
the Countys ordinances over the last 30 years shows that
the requirement for a 100 foot setback was added in 1977.
Before that amendment, the setback requirement for
agricultural buildings was 50 feet from any property line
and 100 feet from any dwelling.
On June 24,
2004, the Planning Commission voted to recommend approval of
a zoning ordinance amendment to allow flexibility in barn
setbacks. The proposed text amendment would allow the Board
of Zoning Appeals to approve a special permit to reduce the
100-foot setback on properties that are zoned RA/Rural
Agriculture, RC/Rural Conservation, I-1/Industrial, and
I-2/Industrial, where such properties are adjacent to
similarly zoned properties. A variation of this amendment
reducing the setback to 50 feet in these districts was
discussed by the Planning Commission, but the current
proposal provides more flexibility to applicants and more
protection to adjoining properties. It allows the Board of
Zoning Appeals to consider specific features of the subject
property and adjoining properties in allowing a potential
decrease in setback.
The
proposed text amendment provides flexibility only in the
additional setback requirements contained in Section
6-105 of the Zoning Ordinance for barns. The lesser setback
requirements for front and side yards, which apply to all
buildings in these districts, would continue to apply to
barns. Even with special permit approval, a barn could not
be moved closer to the property than these existing setback
requirements, which are:
Zoning District Front Setback
Side and Rear Setback
RC 75/90/105
50
RA 75/90/105
25
I-1 & I-2 75/90/105
25 adjoining C or I districts
75 adjoining R or Rural districts
Here it
needs to be noted that the front setbacks are different
depending on whether a structure accesses a local collector,
major collector, or a major thoroughfare.
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