ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTIONS 2-512, 6-102, AND 6-105 TO ESTABLISH DENSITY, HOUSING, MAINTENANCE, AND SET BACK STANDARDS FOR LIVESTOCK ON PARCELS SMALLER THAN FIVE ACRES, AND TO PERMIT LIVESTOCK ON LOTS .9 ACRES OR GREATER

 

  WHEREAS, on July 28, 2005, the Planning Commission held a public hearing on this issue and forwarded the proposed text amendment to the Board of Supervisors with a unanimous vote recommending its adoption; and

 

WHEREAS, on September 8, 2005, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

 

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

 

ORDAINED by the Fauquier County Board of Supervisors this 8th day of September 2005, That Sections 2-512, 6-102, and 6-105 of the Fauquier County Zoning Ordinance be amended as follows:

 

2-512               Limitation on Keeping of Animals

 

 

1.   Keeping of livestock, fowl and animals of a wild nature shall not be allowed outdoors on any lot less than two (2) acres in area except as follows:

 

a.   Livestock are allowed in RA, RC, RR-2, and V districts.  Such livestock shall be limited to one (1) animal unit, or fraction thereof, per two (2) acres of land provided, however, that the vegetative cover is not over grazed or otherwise disturbed so as to cause, or threaten to cause, erosion and provided further that animal waste is properly managed to prevent off site migration of wastes or waste by-products.

 

b.   Livestock are allowed in R-1 districts. Such livestock shall be limited to .5 animal unit, or fraction thereof, per two (2) acres of land provided, however, that the vegetative cover is not over grazed or otherwise disturbed so as to cause, or threaten to cause, erosion and provided further that animal waste is properly managed to prevent off site migration of wastes or waste by-products.

     

c.   Livestock are allowed by special permit on all other lots 40,000 square feet or greater but less than five acres.  Such livestock shall be limited to .5 animal unit, or fraction thereof, per two acres of land provided, however, that the vegetative cover is not over grazed or otherwise disturbed so as to cause, or threaten to cause, erosion,  provided further that animal waste is properly managed to prevent off-site migration of wastes or waste by-products, and subject to such additional conditions  and safeguards imposed by the Board of Zoning  Appeals.

 

d.   Nothing in paragraphs a or b, immediately above, circumvents, overrules, or abolishes restrictions on the keeping of livestock imposed by legal covenants.    

 

2.   Except for livestock and dogs as provided in Subsection 3 below, the keeping of animals shall be allowed as an accessory use on any lot provided such animals are for personal use and enjoyment, and not for any commercial purpose, provided further that such animals are confined to the interior of the dwelling or other permitted accessory buildings or otherwise under the direct personal control of the owner.

 

3.      Dogs which are kept as pets not exceeding four (4) in number shall be permitted upon any property if they are confined to the site by chain, pen or other such restraints.  Five (5) to twelve (12) dogs may be kept upon the property provided they are penned or restrained so as not to roam nearer than forty (40) feet from any property line and the lot contains two (2) or more acres.  Dogs less than six (6) months of age shall not be counted.

 

4The keeping of livestock on lots larger than two acres but smaller than five acres is allowed provided, however, that the vegetative cover is not over grazed or otherwise disturbed so as to cause, or threaten to cause, erosion and provided further that animal waste is properly managed to prevent off-site migration of wastes or waste by-products.  If the parcel contains less than one animal unit per two acres, houses, sheds, and other similar structures for the housing of livestock are permitted as allowed under the second clause of  Section 6-102.2 and as further regulated under Section 6-105.7.  Parcels containing more than one animal unit per two acres are limited to housing animals in barns and subject to the standards set forth in Section 6-105.6.

 

 

6-102               Permitted Accessory Uses

 

Accessory uses and structures shall include, but are not limited to, the following uses and structures, provided that such uses or structure shall be in accordance with the definition of Accessory Use contained in Article 15.

 

1.      Antenna structures

 

2.      Barns and any other structures that are customarily incidental to an

agricultural use on a tract of land not less than two (2)  acres; houses, sheds, pens and other similar structures for the housing of livestock when such animals are permitted on two five acres or less.

 

                          [3 through 29 - Same]

 

 

6-105               Location Regulations

 

1.   If an accessory-type building is attached to a principal building by any wall or roof construction, it shall be deemed to be a part of the principal building and shall comply in all respects with the requirements of this Ordinance applicable to a principal building.

 

2.   Off-street parking and loading spaces shall be located in accordance with the provisions of Article 7.

 

3.      Signs shall be located in accordance with the provisions of Article 8.

 

4.      Wayside stands shall be located in accordance with the provisions of Paragraph 23 of Section 102 above.

 

5.      Ponds shall be located in accordance with the provisions of Paragraph 24 of Section 102 above.

 

6.      Barns shall not be located less than 100 feet from any property line,   except if located on a property zoned RC/Rural Conservation, RA/Rural Agriculture, I‑1/Industrial or I-2/Industrial and also if located on a property line adjacent to property zoned RC/Rural Conservation, RA/Rural Agriculture, I-1/Industrial or I-2/Industrial, then the Board of Zoning Appeals may reduce this setback requirement by approval of a special permit.

 

7.      Houses, sheds, pens and other similar structures on lots of two five acres or less for the housing of livestock shall be a maximum of 150 square feet in footprint area and  set back  25 feet from the side and rear lot lines and not permitted in any required minimum front yard ;

 

8.      The following regulations shall apply to the location of all accessory structures or uses except those specifically set forth in Paragraphs 1- 7 above.

 

A. An accessory structure or use, no part of which exceeds seven (7) feet in eight, may be located in any part of any side or rear yard, except as qualified in Section 2-505.

 

B.   No accessory structure or use shall be located in any required minimum front yard, except fences which do not exceed five feet in height, statues, arbor, trellis or flagpole, gate and gate posts.

 

C.  No accessory structure or use which exceeds seven (7) feet in height shall be located in any required minimum side yard except as may be expressly permitted by a variance granted in accordance with the provisions of Part 4 of Article 13.

 

D.  No accessory structure or use which exceeds seven (7) feet in height shall be located closer than a distance equal to its height to any lot line in the rear yard except as may be expressly permitted by a variance granted in accordance with the provisions of Part 4 of Article 13.

 

E.   On a corner lot, the rear line of which adjoins a side lot line of a lot to the rear, no accessory structure or use which exceeds seven (7) feet in height shall be located: (1) Nearer to any part of the rear lot line that adjoins the side yard on the lot to the rear than a distance equal to the required minimum side yard on such lot to the rear, or, (2) Nearer to the side street line than a distance equal to the required front yard on the lot to the rear.