A Resolution Initiating a Zoning Ordinance Text Amendment to Section 11-204 to Allow a Legally Existing Non-Conforming Cell Tower to be Relocated on the Same Lot

      WHEREAS, it is appropriate to amend the Zoning Ordinance to address non-conforming structures; and

      WHEREAS, Fauquier County seeks to provide an opportunity for minor relocations in cell towers in exchange for reducing the extent of the non-conformity on such structures; and

      WHEREAS, adoption of the attached amendments to Section 11-102.4 supports good zoning practice, convenience and the general welfare; now, therefore, be it     

      RESOLVED by the Fauquier County Board of Supervisors this 11th day of October 2007, That amendments to Section 11-102.4  related to non-conforming cell towers is hereby initiated and referred to the Planning Commission for public hearing and recommendation; and, be it

      RESOLVED FURTHER, That the following text represents the proposed changes for consideration:


11-102                      4.   Non-Conforming Towers.    Nothwithstanding any other

                                        Provision of this Article, a legally existing Telecommunications

                                        Tower which does not comply with the requirements of this article

                                        may be relocated and reconstructed at an alternate location on the

                                        same lot by approval of a special exception by the Board of

                                        Supervisors where such relocation results in a tower that is more

                                        conforming than the existing tower, as determined by the Board of



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