A Zoning Ordinance Text Amendment to Section 15-300 to Change the Definition of “Lot”

            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 of the Zoning Ordinance be, and is hereby, amended as follows:

Section 15-300 Definitions

LOT:  A parcel of land legally recorded as a lot of record in the County’s land recordsIn cases where a legally recorded lot was split by a public street prior to the adoption of the County’s first subdivision ordinance on August 3, 1951, each separate portion of such parcel shall be considered a lot.   for the purpose of this Ordinance, a parcel of land that is designated at the time of application for a special permit, a special exception, a building permit or a residential/non-residential use permit as a tract all of which is to be used, developed or built upon as a unit under single ownership, A parcel of land shall be deemed to be a lot in accordance with this definition, regardless of whether the boundaries thereof coincide with the boundaries of lots or parcels as shown on any map of record.  For purpose of residential development only property  under single ownership divided by a private street or a public street shall be considered as one lot providing the following is not involved: 

A.  The street is not an interstate or primary highway.

B.   The street is not a zoning district boundary which divides the property.

C.        The residential development is not proposed as a conventional development.


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