A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 5-001 TO AUTHORIZE THE BOARD OF SUPERVISORS TO ISSUE SPECIAL PERMITS WHEN THE APPLICANT ALSO NEEDS A SPECIAL EXCEPTION AS PART OF THE SAME PROJECT
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 Section 5-001 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:
SPECIAL PERMITS AND SPECIAL EXCEPTIONS
PART 5 5-000 GENERAL PROVISIONS
5-001 Purpose and Intent
1. There are certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a given district. These uses as described may be allowed to locate within certain designated districts under the controls, limitations and regulations of a special permit.
2. The BZA shall issue special permits under the provisions of this Article when it determines that such use will be compatible with the neighborhood in which it is to be located.
3. In addition, there are instances similar to those in which a use may be appropriate under a special permit, including cases in which standards and regulations specified for certain uses allowed within a given district should be allowed to be varied within limitations in the interest of sound development. Such uses as described may be allowed to locate within a given designated district under the provisions of special exceptions.
4. A. The Board shall issue special exceptions under the provisions of this Article when it concludes that such action will not be incompatible with existing or planned development in the general area. While the same standards shall be applied in the evaluation of the impact and compatibility of uses proposed under both the special permit and special exception provisions of this Article, the issues involved in special permits under consideration by the BZA involve primarily the immediate neighborhood to be affected. Special exceptions involve issues concerning the neighborhood as well as potential impacts on the general area, the Comprehensive Plan and, in come cases, the County as a whole. (Special exceptions can be granted by the Board. Special permits can be granted by the BZA only.)
4. B. Notwithstanding anything in the Zoning Ordinance to the contrary, when an applicant must seek a special exception and a special permit for a single project, all of the requirements for the special permit shall be addressed by the Board of Supervisors as part of the special exception process and the applicant shall be exempt from seeking separate, additional approval from the Board of Zoning Appeals. Subsequent to issuance, all amendments shall be processed by the Board of Supervisors.
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