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 of less than 100 acres or less in size and created in accordance with this alternative shall be further divided.  Lots in excess of 100 200 acres, and created in accordance with this section, may be divided either in accordance with this Section or in accordance with the sliding scale zoning density set forth in Section 2-308.  However, a parcel of record as of May 21, 1981 may have one division, either family or administrative, of less than five (5) acres. The administrative or family division shall not impact the ability to subsequently use this alternative.

 

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; and

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 of 100 acres or greater created in accordance with this provision, may be redivided either (i) into parcels of no less than 50 acres pursuant to this exemption or (ii) in accordance with the proportionate share methodology outlined in Section 2-308(2) of the Fauquier County Zoning Ordinance (Amended by the Board of Supervisors February 22, 2000). only into lots with a minimum size of 100 acres or greater. Use of this option shall preclude development in accordance with the sliding scale and its proportionate share methodology in Section 2-308 of the Fauquier County Zoning Ordinance except as outlined in Section 2-310.