ORDINANCE 

AN ORDINANCE APPROVING AMENDMENT TO SECTION 3-311.5 OF THE FAUQUIER COUNTY ZONING ORDINANCE TO ADD MUSEUMS AS SPECIAL PERMIT USES IN THE VILLAGE, RESIDENTIAL-1, RESIDENTIAL-2, RESIDENTIAL-3 AND RESIDENTIAL-4 ZONING DISTRICTS WITH SITE PLAN APPROVAL AND ADD SECTION 5-1107 (ADDITIONAL STANDARDS FOR MUSEUMS)

   

          WHEREAS, the Fauquier County Zoning Ordinance currently allows museums as by-right uses in the Commercial-2 and Commercial-3 Zoning Districts; and

WHEREAS, the Zoning Ordinance currently requires special permit approval for museums in the Rural Agriculture, Commercial-1, Commercial Village and Industrial-1 Zoning Districts; and

WHEREAS, these text amendments would permit museums as special permit uses in the Village, Residential-1, Residential-2, Residential-3 and Residential-4 Zoning Districts; and

WHEREAS, additional standards for museums would be added to control effects on these Residential Zoning Districts; and

WHEREAS, the new additional standards will limit museums to existing historic structures in the Village and cited Residential Zoning Districts and limit the location and scope of retail sales; and

WHEREAS, the Fauquier County Board of Zoning Appeals would have the capability of examining each application individually to determine effects upon these residential districts; and

WHEREAS, site plan approval would be required; and

WHEREAS, on August 29, 2002, the Fauquier County Planning Commission held a public hearing; and

WHEREAS, on September 26, 2002, the Planning Commission voted, to recommend approval of these amendments; and

WHEREAS, the Fauquier County Board of Supervisors held a public hearing on October 21, 2002; and

WHEREAS, the adoption of these text amendments would be in the spirit of the Zoning Ordinance and be in the best interest of the citizens of Fauquier County; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 21st day of October 2002, That Section 3-311.5 of the Fauquier County Zoning Ordinance be amended to add museums as uses in the Village, Residential-1, Residential-2, Residential-3 and Residential-4 Zoning Districts following special permit and site plan approval; and, be it

ORDAINED FURTHER, that Section 5-1107 (Additional Standards for Museums) be added to the Zoning Ordinance.  The Zoning Ordinance shall be amended to read as follow:

3-311 (PUBLIC AND QUASI-PUBLIC USES)

 

            SITE        RA       V       R-1      R-2      R-3       R-4      C-1      C-2    C-3      I-1

            PLAN

5.  Museum       X          SP       SP        SP        SP       SP          SP        SP         P       P       SP

5-1107                   Additional Standards for Museum

1.      Only existing historic structures may be utilized as museums in the Village, Residential-1, Residential-2, Residential-3 and Residential-4 Zoning Districts.

2.      The facility shall have direct access to a road designated as a major collector (or higher) in the Comprehensive Plan unless the Board of Zoning Appeals finds that the type and amount of traffic generated by the facility is such that it will not cause an undue impact on the neighbors or adversely affect safety of road usage.

3.      Any retail sales conducted on the property shall be accessory and incidental to the permitted activity, located within the existing historic structure and conducted for the participants of the site.

The BZA may require such screening, planting, fencing, preservation of trees, entrances, design of structures, or any other requirements which will ensure the minimal impact on the use of the surrounding area and uses.