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ORDINANCE Zoning Ordinance and Subdivision Ordinance Text Amendments Regarding Large lot Subdivisions
WHEREAS, Fauquier County has a key objective to preserve farmland and open space throughout its rural areas as much as practicable; and
WHEREAS, that objective is also consistent with stated objectives and recommendations within the adopted Chapter 8-Rural Land Use Plan of the Comprehensive Plan; and
WHEREAS, on August 26, 2004, the Planning Commission held a public hearing on the proposed text amendments regarding large lot subdivision and forwarded them to the Board of Supervisors with a unanimous vote recommending adoption; and
WHEREAS, on October 14, 2004, the Fauquier County Board of Supervisors held a public hearing on these amendments; and
WHEREAS, the adoption of this text amendments would be in the spirit of the Zoning Ordinance, 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 14th Day of October 2004, That Article 2, Part 2 of Section 2-310 of the Fauquier County Zoning Ordinance and Section 2-39 (C) of the Subdivision Ordinance be, and are hereby, amended as follows:
Zoning Ordinance Article 2, Part 2
2-310Large Lot Development Option in the RA and RC Zones
As an alternative to division in accordance with the sliding scale
zoning density set forth in Section 2-308, any parcel zoned RA or RC,
which was of record as of May 21, 1981 and is 100 acres or
larger in size, may be divided into no more than 3 lots of no less
than 50 acres each in size, including any residual. Subsequent
divisions shall result in all lots being at least 100 acres in size.
All such lots shall be exempt from the requirements of the Subdivision
Ordinance as provided by Section 2-39(3)(C) of the Subdivision
Ordinance. No lot
Subdivision Ordinance Section 2
2-39(C) The division of a lot, tract or parcel of land into two or more parcels all of which are fifty (50) or greater for the purpose of transfer of ownership or building development provided:
1. the lots/layout conform to requirements of this Ordinance and other County Ordinances; 2. all lots are served by a right-of-way at least thirty (30) feet in width; 3. the design standards of Article 7-303.1 of the Zoning Ordinance are met, except that the right-of-way width may be reduced as provided above;
4.
the homeowners association is established with covenants which
provide for the maintenance and upkeep of the private street; 5. the highway entrance is approved by the Virginia Department of Transportation; 6. all platting requirements of Chapter 10 of this Ordinance are met; and
7.
no parcel of less than 100 acres which has been created using
this exemption shall be redivided, pursuant to the provisions of
Section 2-310 of the Zoning Ordinance. A notation to this effect
shall be contained on the plat and/or in the deed. Once the 50 acre
lot minimum division total has been reached, any residual parcel must be
100 acres or more in size. Parcels greater than 100 acres in
size, and
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