ORDINANCE

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 5-105 TO CHANGE THE SQUARE FOOTAGE OF ACCESSORY FAMILY DWELLING UNITS AND TO ESTABLISH PERMITTED OCCUPANCY   

            WHEREAS, this text amendment was initiated by Lee E. Smith and Donna G. Smith on May 30, 2006, and

WHEREAS, on August 31, 2006, after a public hearing, the Planning Commission forwarded the proposed text amendment to the Board of Supervisors unanimously recommending denial; and  

WHEREAS, on October 12, 2006, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

             WHEREAS, the adoption of this text amendment would be in the spirit of the Zoning Ordinance, consistent with public convenience, general welfare, and good zoning practices, consistent with the adopted Comprehensive Plan, and is in the best interest of the citizens of Fauquier County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 12th day of October 2006, That Section 5-105 be, and is hereby, amended as follows:

5-105 Standards for an administrative permit for a Family Dwelling Unit

1. Such a unit shall not be occupied only by family members more than five (5) persons, at least one of whom must be the natural or adopted parent, grandparent, child, grandchild, brother or sister of the owner and occupant of the single family residence on the same lot. Or, the lot owner may live in the family dwelling unit and allow such family members to reside in the main house. In either case, the lot owner must reside on the property.

2. Such a unit may be 1,400 1,600 square feet of gross floor area.  Porches, breezeways, decks, garages and mechanical rooms shall not be included in gross floor area.

3. No dwelling units other than the principal structure (a single family dwelling) and one such family dwelling unit shall be located on one lot.

4. For ten years, the two structures must be occupied only by the owner(s) and those identified in Paragraph 1. If the Board of Supervisors finds that an extraordinary hardship is being caused by

the ten-year limitation, it may be reduce the time period to alleviate the hardship.  It shall be unlawful for rent to be charged to the occupancy of such a unit for two (2) years following the date it passes final inspection by the County Building Official.

5. When such a unit is no longer needed by a member of the owner's family and the ten two year period described in Paragraph 4 has expired, one unit, but not both,   the unit  can be considered a nonconforming use and as such can be rented to anyone.

Back to Agenda...