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The proposed text amendment clarifies
that a non-common open space parcel may be developed with a
residence and its accessory structures and uses, such as
garages, sheds, home occupations, etc. The existing text
of the Zoning Ordinance does not allow this, yet
historically, a residence and its accessory structures and
uses have always been allowed in practice. The text
amendment also proposes moving Equestrian Facilities from
its current classification under “Outdoor Recreation” to the
“Agriculture” category. As non-common open space uses are
limited by the language of the Zoning Ordinance as well as
the language of the recorded easement to those uses listed
under the Agriculture category, Equestrian facilities are
not currently allowed. Equestrian facilities include
boarding and instruction, as well as spectator events. |
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Staff Report:
Residential Use
Section 2-705.1 of the Fauquier County Zoning Ordinance
states:
2-705
General Requirements
All lands and improvements as set forth
in Section 702 above shall be established and maintained in
accordance with the following requirements:
1. The lands and improvements shall be
described and identified as to location, size, use and
control in an open space easement. These restrictive deeds
shall be written so as to constitute a deeded open space
easement to run with the land and be in full force and
effect in perpetuity unless terminated in a manner set forth
hereinafter. These restrictions shall include prohibition
of commercial, industrial and residential development and
shall appropriately limit the use to those permitted uses
shown in 3-318.
The last sentence of this section effectively prohibits a
dwelling unit on the property, as well as the types of
accessory buildings and uses typically associated with a
dwelling unit (i.e., garage, tenant house or efficiency
apartment, pool, home occupations). Notwithstanding this
language, it has been the practice of the County, since the
inception of the non-common open space provision, to allow a
residence and its accessory structures on a property. This
approach is reflected not only in practice, but also by the
specific language of the non-common open space deeds
approved by the County, which typically allow a single
primary dwelling unit on the property as well as the
accessory structures and uses. The text amendment
codifies this existing practice, by adding language to the
above section clarifying that the dwelling unit is allowed.
Equestrian Facilities
The same Section 2-705.1 referenced above, last sentence,
limits uses on properties with non-common open space to
those listed in Section 3-318 of the Zoning Ordinance, which
is the Agriculture use category. The Zoning Ordinance
restriction is incorporated into the non-common open space
deed of easement language; therefore, most recorded
non-common open spaces contain this explicit language
limiting uses on the property to those listed under
Agriculture.
An issue recently arose where the a property owner, Reta
Rodgers, sought to hold Equestrian events at Eastwood Farm,
a property owned by the Rodgers family located on Old Auburn
Road directly across from the Fauquier Fairgrounds. The
property has a non-common open space easement limiting uses
to those listed under Section 3-318 (agriculture), and
therefore Equestrian facilities are not allowed by the
Zoning Ordinance or the terms of the easement.
The request raised the issue of whether or not Equestrian
Facilities should be allowed on properties in a non-common
open space easement. As currently structured, the Zoning
Ordinance classifies Equestrian Activities to include
boarding, instruction and both spectator and non-spectator
events, as Outdoor Recreation (Category 9) and
therefore none of these activities are allowed within
non-common open space. Certainly horse boarding and
instruction seems appropriate for properties which are
preserved for agriculture. Equestrian events raise some
issues with regards to compatibility with non-common open
space, as they can be very intensive and may require
substantial facilities, potentially conflicting with other
goals of a non-common open space easement (i.e., the
preservation of existing land forms). But many properties
may already have such facilities, and therefore such events
might be appropriate. For example, in the case of the
Rodgers property, they indicate the property already has
“existing structures and improvements to easily accommodate
the shows,” to include utilities, entrance and access road,
fencing, a competition riding ring with announcer/judge
stands, stables and office registration facilities. Under
its current classification as Outdoor Recreation,
Equestrian Events require approval of a special exception;
the proposed text amendment would maintain the Special
Exception requirement, and this process would allow
evaluation of events on a case-by-case basis and the Board
could consider, as part of this review, the extent to which
the proposed facilities would be contrary to the broader
goals of non-common open space. As part of the text
amendments, the standards for Equestrian facilities now
contained in Section 5-900 of the Ordinance, under outdoor
recreation are shifted to Section 5-1800, under Agriculture.
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