ORDINANCE

 

 AN ORDINANCE TO PERMIT BOUNDARY LINE ADJUSTMENTS AND CONSOLIDATIONS BETWEEN PARCELS ZONED RURAL AGRICULTURE OR RURAL CONSERVATION WITHOUT A REDUCTION IN DENSITY

 

            WHEREAS, the Fauquier County Zoning Ordinance currently utilizes a “parcel of record” date of May 21, 1981, for the calculation of sliding scale zoning density for parcels in the Rural Agriculture (RA) and Rural Conservation (RC) zones; and

 

            WHEREAS, it has been the consistent interpretation of the Zoning Administrator that parcels which have been increased in size through a boundary line adjustment or parcel consolidation after May 21, 1981, acquire no additional density as a result of the increase in size; and

 

            WHEREAS, on May 112, 2005, the Board of Supervisors forwarded to the Planning Commission a proposed text amendment that would provide a mechanism to permit parcel consolidations and boundary line adjustments employing a density calculation mechanism similar to that used to calculate the proportionate share of density allocated to parcels that have been divided after May 21, 1981; and

 

            WHEREAS, on July 28, 2005, the Fauquier County Planning Commission conducted a public hearing on the proposed text amendment; and

 

            WHEREAS, the Planning Commission voted to recommend the approval of the proposed amendment; and

 

            WHEREAS, on September 8, 2005, the Board of Supervisors held a public hearing on the proposed amendment, and has carefully considered the recommendation of the Planning Commission, staff, and testimony at the public hearing; and

 

            WHEREAS, the Board finds that public necessity, convenience, general welfare, or good zoning practice requires adoption of such an amendment; now, therefore, be it

 

            ORDAINED by the Fauquier County Board of Supervisors this 8th day of September 2005, That the Fauquier County Zoning Ordinance be, and is hereby, amended to add the following section:

 

 

2-308.1            Consolidation of Parcels and Boundary Line Adjustments Between Parcels in the RA and RC Zones.

 

1.  This section applies solely to boundary line adjustments between parcels in the Rural Agricultural and Rural Conservation zones which occur after the date of adoption of this section.

 

2.  Consolidations and Boundary line adjustments between two or more parcels shall not result in a total net increase of development density for the affected acreage.  Density as used herein refers to the sliding scale density as calculated pursuant to section 2-308 of this ordinance.

 

3.  After a boundary adjustment, the parcel which is increased in size by the boundary line adjustment shall acquire the proportionate share of the density which is attributable to the acreage acquired from the parcel which is decreased in size, rounded down to the nearest whole number.  The density of the parcel which is decreased in size shall be reduced by the same amount, again rounded down to the nearest whole number.   Where parcels are consolidated in accordance with this ordinance, the total density attributable to the consolidated parcels shall be the sum of the density of each consolidated parcel.

 

4.  Boundary line adjustments which exchange equal amount of acreage and do not increase the size of either parcel shall not affect the density of either parcel.

 

5.  Parcels which have been subdivided in accordance with the cluster subdivision process set forth in section 2-406(3) of this ordinance may be the subject of boundary line adjustments involving the required non-common open space parcel only as follows:

 

a)      Minor boundary line adjustments of acreage from the non-common open space parcel into a clustered lot is permissible provided that the adjustment does not constitute greater than one percent of the non-common open space and the adjustment is to acquire acreage to address a technical issue such as a need to acquire additional drainfield area, a well, or access; or

 

b)      All required open space has been properly deed restricted and an additional amount of open space equal to the acreage reduction of the original open space lot is added to the original open space.  The added open space shall be contiguous and useable.

 

6.  Boundary line adjustments to acquire acreage necessary to comply with minimum acreage requirements set forth in other sections of this ordinance are permissible, provided that the parcel from which the property is adjusted is not made non-conforming  and provided that all other requirements of this section are met.

 

7.     The plat by which the boundary line adjustment or consolidation is accomplished shall set forth the density of each lot for future tracking purposes.