A Zoning Ordinance Text Amendment to Section 2-403 to Legalize and Make Buildable Certain Existing Lots
WHEREAS, on July 26, 2007, the Planning Commission initiated this text amendment; and
WHEREAS, on August 30, 2007, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and
WHEREAS, on October 11, 2007, the Fauquier County Board of Supervisors held a public hearing on this amendment; and
WHEREAS, adoption of the attached amendment to Section 2-403 supports good zoning practices, convenience, and the general welfare; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 11th day of October 2007, That Section 2-403 be, and is hereby, amended as follows:
2-403 Permitted Reduction in Lot Size and Yard Requirements for Certain Existing Lots
1. If a lot was legally recorded prior to the effective date of this Ordinance, and said lot met the requirements of the Zoning Ordinance in effect at the time of recordation, then notwithstanding the minimum lot area, frontage and lot width requirements of the district in which located, said lot may be used for a use permitted in the district provided all other regulations of the district can be met. The Administrator may, however, reduce the yard requirements as provided for in Section 10-204 upon determining that not doing so would unreasonably restrict a permitted use.
2. A lot that was not legally recorded and/or did not meet the requirements of the Zoning Ordinance in effect at the time of recordation may be used for any use permitted in the zoning district in which located under this Ordinance, even though such lot does not meet the minimum district size, lot area and/or lot width requirements of the district, provided that the lot meets each of the provisions set forth below:
A. The lot is described or depicted:
(i) in a metes and bounds description;
(ii) on a subdivision plat not approved by the County; or
(iii) on a plat not approved by the County as a separate building lot
which description or plat was recorded among the land records of Fauquier County prior to January 1, 2005.
B. The lot has or can obtain Health Department permits for a well and conventional drainfield or has access to public sewer and water;
C. The lot contains a principal residential structure that:
(i) Existed at the time the lot was recorded and has been consistently occupied since its recordation;
(ii) Is built or under construction pursuant to a Building and Zoning Permit issued after the recordation; or
(iii) Is planned to be constructed and a land disturbance permit was issued for such future construction, and the lot owner detrimentally relied on such land disturbance permit and completed a substantial portion of the work under the permit.
D. Except for the minimum district size, lot area and lot width requirements of the district, all other regulations of this ordinance shall be satisfied, including but not limited to the bulk and permitted use regulations of the zoning district in which located.