ATTACHMENT 1 

ORDINANCE

AN ORDINANCE APPROVING A TEXT AMENDMENT TO SECTON 3-400.12 OF THE FAUQUIER COUNTY ZONING ORDINANCE TO INCREASE THE MINIMUM REQUIRED FRONT YARD TO 150 FEET FOR PARCELS ZONED RESIDENTIAL AND FRONTING ON ROADS DESIGNATED AS ARTERIALS OR FREEWAYS IN THE COMPREHENSIVE PLAN OR ON ROUTE 215 AND LYING WITHIN SERVICE DISTRICT BOUNDARIES OR IN RURAL ZONING DISTRICTS

             WHEREAS, the Fauquier County Zoning Ordinance regulates the required minimum front yard setbacks for structures and other uses; and

WHEREAS,  the Virginia Department of Transportation requested measurement of the required front yard be changed from the centerline of the road or lane to the property line; and

WHEREAS, that proposal would lead to numerous nonconforming structures and lots; and

WHEREAS, this proposal would provide an additional buffer along Fauquier County’s major roads for residentially zoned properties in the service districts and in rural zoning districts; and

WHEREAS, this amendment would not apply to Village, Commercial or Industrial Zoning Districts; and

WHEREAS, the Fauquier County Planning Commission held a public hearing on July 25, 2002; and

WHEREAS, the Planning Commission voted to forward this text amendment proposal to the Fauquier County Board of Supervisors with a recommendation for approval; and

WHEREAS, the Fauquier County Board of Supervisors held a public hearing on August 19, 2002; and

WHEREAS, the Board of Supervisors find this ordinance to be in the best interest of the citizens of Fauquier County and to be in accord with the spirit of the Zoning Ordinance; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 16th day of September 2002, That the text amendment to Section 3-400.12 of the Fauquier County Zoning Ordinance be amended to read as follows:

PART 4                        3-400                     USE REGULATIONS

FOOTNOTES:

12.  NOTE:  Front yards shall be measured from the centerline of street, or centerline of nearest pair of lanes in the case of a street with more than two lanes front property line along a dedicated right-of-way or from the edge of the easement in the case of a proscriptive easement or private street.  The minimum front yard shall be 150 feet for properties zoned residential in a service district and in rural zoning districts if those properties front on a road classified as an arterial or freeway in the Comprehensive Plan or on Route 215.  This requirement would not apply to the Village, Commercial or Industrial Zoning Districts.