Board of Supervisors Meeting Date:


John and Roma Sherman, Owners/Applicants


November 10, 2004


Staff Lead:


Melissa Dargis, Assistant Chief of Planning



Community Development


Magisterial District:






6034-89-5235-000 & 6034-89-4562-000



A Resolution to Approve SPEX05-MA-013, A Category 7 Special Exception to Remove the Limitation of Use from the Current Owners and Tie the Use to the Land/Parcels


Topic Description: 


The applicants wish to obtain Special Exception approval under Category 7, which would allow for an amendment to a previously approved Special Exception condition that limited the use granted to John and Roma Sherman.  The condition states “Limit permit to the Shermans”.  The amendment of this condition would allow the use to run with the land rather than with the applicants.  The applicants intend to sell the Ashby Inn and this condition must be changed prior to a new owner being able to operate the business.  The applicants also request an amendment to the Sunday brunch start time from 12:30 p.m. to a 12:00 noon start time.  This application does not seek to increase the use, alter any previously approved conditions, or change the scope of the current inn as it is today.


It should be noted that the Ashby Inn consists of three (3) separate parcels.  However, only two are included in this application as the third parcel was not part of the original Special Exception, nor was its use limited to the Shermans.  The third parcel, PIN 6034-89-4347-000 obtained a Special Permit in 1995 to locate a bed and breakfast establishment on the premises.  That referenced parcel, although it is a part of the Ashby Inn, is not part of this application.


The Ashby Inn & Restaurant is a county inn with a restaurant and 10 guest rooms.  The Inn is open to the dining public Wednesday through Saturday for dinner and for brunch on Sunday.  Inn rooms are available on demand.  The number of patrons varies from week to week.  The Inn employs about 15 people.  The Ashby Inn has been in Paris for twenty years.


The original Special Exception was granted in 1984.  An amendment was added in 1985 to allow for outside dining.  Another amendment occurred in 1986 to delete a fence and plant shrubs instead.  In 1989, the “Schoolhouse B&B” was approved.  On January 1, 1990, text changes to the Fauquier County Zoning Ordinance Section 5.702 removed the Special Exception standards that had stated that no permit shall exceed five (5) years.  When this Special Exception was originally granted it was subject to that standard, and did not include a time provision for renewal in a condition.  So it legally stands today without any further renewals required.


For further detail, the section of the Fauquier County Zoning Ordinance and its standards for “Adaptive Uses” are as follows:




5-701  Category 7 Uses


1.      Retail shops.

2.      Art and craft galleries.

3.      Offices.

4.      Restaurants.

5.      Inns or boarding houses.

6.      Multi-Family uses.


5-702  Standards for All Category 7 Uses


In addition to the general standards set forth in Section 006 above, all Category 7 special exception uses shall satisfy the following standards:


1.      Category 7 uses shall be permitted only in those instances in which the continuation of the existing use is impossible or impractical and where the proposed use is not inconsistent with existing uses in the area.


2.      Such uses shall be permitted only in structures existing prior to 1940.  No alteration to a residential structure or dependency containing an adaptive use shall alter the exterior appearance of the structure from that of a dwelling or normal residential accessory structure.


3.      No off-street parking or loading space shall be located in any required side or rear yard that abuts a Residential District.   No more than three (3) parking spaces shall be located in any required front yard unless specifically provided for in granting the permit based on a finding that such parking will not adversely affect the character of the surrounding residential area.


4.      All open off-street parking and loading areas that abut a Residential District shall be effectively screened.


5.      All Category 7 uses shall either be located within an area designated as a service district, village or settlement, in the Comprehensive Plan or be located on a lot having direct access to a road designated as a major collector (or higher) in the Comprehensive Plan unless the Board of Supervisors 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.


6.      No goods or items offered for sale shall be displayed or stored outdoors.


7.      A thirty percent (30%) increase in square footage shall be permitted in accessory additions or structures which are on the same property to the principal structure which are compatible in size and appearance.


Requested Action of the Board of Supervisors:


Hold a public hearing and consider adoption of the attached resolution.


Planning Commission Recommendation:


On October 28, 2004, the Planning Commission recommended approval of this item, subject to a series of development conditions.


Financial Impact Analysis:




Land Area, Location and Zoning:    


The property is located at 692 – 678 Federal Street in Paris, Virginia.  It is zoned Village (V).  A map of the property is shown below.




Neighboring Zoning/Land Use:


The property is currently zoned Village (V) and is bound on three sides by Village zoned parcels and on one side by Commercial-Village (CV).  Consistent with this zoning category, this property is located in a district that reflects the existence of small communities that historically have provided social and economic services to the rural areas.


Staff Analysis:

Staff and the appropriate referral agencies have reviewed this request for conformance with the Comprehensive Plan, the Zoning Ordinance, and other relevant policies and regulations.  Findings, comments, and recommendations are summarized below.  As of the preparation of this report, no agency comments have been received and none are anticipated.


Summary and Recommendations:


Staff recommends that the Board of Supervisors consider SPEX05-MA-013 for approval, as recommended by the Planning Commission.  The amendment of the original condition would allow the applicants to sell their property and business as well as apply the use to the land versus to individuals.  Staff recommends approval of the application with the inclusion of all of the original conditions as well as a few items (conditions) of clarification and the removal of the original 1984 condition that limits the Special Exception use to John and Roma Sherman. 


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Fauquier County Department of Community Development





  1. Special Exception Plat
  2. Statement of Justification