ORDINANCE

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 2-310 TO ALLOW AN OWNER TO RESERVE OR ALLOCATE ONE FAMILY DIVISION OR ADMINISTRATIVE PARCEL OF FIVE (5) ACRES OR LESS BY DEED AND PLAT NOTATION ON A SINGLE LARGE LOT OF  OVER 100 ACRES ON AN OTHERWISE ELIGIBLE PARCEL FROM WHICH NO PREVIOUS PARCELS HAVE BEEN CREATED

WHEREAS, on August 31, 2006, the Planning Commission initiated this text amendment; and

WHEREAS, on September 28, 2006, after a public hearing, the Planning Commission forwarded the proposed text amendment to the Board of Supervisors unanimously recommending approval; and  

WHEREAS, on November 9, 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 9th day of November 2006, That Section 2-310 be, and is hereby, amended as follows:

2-310                           Large 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, eligible parcels of record on the date of adoption of this provision zoned RA or RC may be divided into large lots subject to the following conditions and limitations:

1.            The parcel shall not be eligible to be divided into large lots if it constitutes the deeded or otherwise required open-space for a subdivision created in accordance with 2-308 of this Ordinance.

2.            All parcels created through this Ordinance must be at least 100 acres in size, except that each eligible parcel of record as of the date of adoption of this Ordinance shall be afforded no more than three lots having a minimum of 50 acres each.   A large lot subdivision applicant may reserve or allocate within any large lot division one or more of the three 50-acre lots by deed and plat notation.

3.            Except to the extent any of the three 50-acre lots is allocated or reserved as set forth in paragraph 2, above, any parcel of 200 acres or greater in size created as a large lot in accordance with this section may be re-divided into lots of at least 100 acres in size, or alternatively may be re-subdivided in accordance with the proportionate share zoning density available to the parcel in accordance with the provisions of Section 2-308 of the Zoning Ordinance.  

4.      Large lots created in accordance with this provision shall be exempt from the requirements of the Subdivision Ordinance to the extent set forth in Section 2-39(c) of the Subdivision Ordinance.

5.      Notwithstanding all of the above, an otherwise eligible parcel from which only one family division or administrative parcel of five (5) acres or less has been created may be further divided in accordance with this section; or an otherwise eligible parcel from which no previous parcels have been created may reserve or allocate one family division or administrative parcel of five (5) acres or less by deed and plat notation on a single large lot of over 100 acres.

 

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