Attachment 1

ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 5-105 TO CHANGE THE SQUARE FOOTAGE OF ACCESSORY FAMILY DWELLING UNITS AND TO EXPAND THE NUMBER OF PEOPLE THAT CAN DWELL THEREIN

 

  WHEREAS, on July 14, 2005, the Board of Supervisors initiated this text amendment; and

 

WHEREAS, on September 27, 2005, the Planning Commission conducted a work session on this amendment and on August 25, 2005, and September 29, 2005, the Planning Commission held  public hearings on this issue and forwarded the proposed text amendment to the Board of Supervisors recommending its adoption; and

 

WHEREAS, on November 10, 2005, 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 10th day of November 2005, That Section 2-411 of the Fauquier County Zoning Ordinance be amended as follows:

 

105 Standards for an administrative permit for a Family Dwelling Unit

 

1.      Such a unit shall not be occupied by more than three (3) five (5) persons, at least one of which whom must be the natural or adopted parent, grandparent, child, grandchild, brother or sister  of the owner and occupant of the single family residence on the same lot. Or, the lot owner may live in the family dwelling unit and allow such family members to reside in the main house.  In either case, the lot owner must reside on the property.

 

2.      Such a unit shall contain no more than 1200 square feet of gross floor area. may be 600 square feet in gross floor area or 25 % of the gross floor area of the existing house, whichever is larger, but in no circumstance may the family dwelling unit exceed 1,200 1,400 square feet of gross floor area.

 

3.      No dwelling units other than the principal structure (a single family dwelling) and one such family apartment dwelling unit shall be located on one lot.

 

4.      For ten years, the two structures must be occupied only by the owner(s) and those identified in paragraph 1.  It shall be unlawful for rent to be charged to the occupancy of such a unit for two (2) years following the date it passes final inspection by the County Building Official. If the Board of Supervisors finds that an extraordinary hardship is being caused by the ten-year limitation it may reduce the time period to alleviate the hardship.

 

5.      When such a unit is no longer needed by a member of the owner's family and the two ten year period described in Paragraph 4 has expired, the one unit, but not both, can be considered a nonconforming use and as such can be rented to anyone.