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A Zoning Ordinance Text Amendment to Authorize the Consideration of the Entire Effect of a Boundary Line Adjustment Upon Multiple Nonconformities

            WHEREAS, the Board of Supervisors has considered public comment and reviewed the proposed text amendment set forth herein; and

            WHEREAS, the Board has determined, after a duly conducted public hearing, that the adoption of the proposed text amendment is appropriate and in the public interest and is consistent with good zoning practice and the public convenience; now, therefore, be it

            ORDAINED by the Fauquier County Board of Supervisors this 11th day of October 2007, That the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

Proposed Text:


Section 10-104

            Notwithstanding any other provision of the Ordinance, where multiple non-conformities exist on a lot, including nonconformities related to other ordinances of the County or requirements of the Code of Virginia, the Zoning Administrator may permit one or more of the non-conformities to be expanded or enlarged where the Zoning Administrator finds that:

(1)    the expansion or enlargement of the non-conformity is the result of a boundary adjustment of property with an adjacent property owner; and

(2)    the boundary adjustment has made one or more of the existing non-conformities more conforming to the provisions of the Ordinance; and

(3)    the expansion of the non-conformity will not have an adverse effect on the use of development of neighboring properties; and

(4)     the expansion of the non-conformity will not impair the value of neighboring properties

Any such finding of the Zoning Administrator shall be appealable to the Board of Supervisors within 30 days of the date of the decision by the Zoning Administrator.


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