ORDINANCE

 

A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 2-411 TO ESTABLISH 200-FOOT SETBACKS BETWEEN TRANSMISSION LINE EASEMENTS CARRYING 500 KV  LINES OR GREATER AND ALL BUILDINGS

  

WHEREAS, on July 28, 2005, the Planning Commission initiated this text amendment; and

 

WHEREAS, on August 25 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 and December 8, 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 8th day of December 2005, That Section 2-411 of the Fauquier County Zoning Ordinance be, and is hereby, amended as follows:

 

2-411 Yard Regulations for Lots Abutting Interstate Highways, and

Railroad Tracks, and the Right-of-Way for Transmission Lines of 500 kV or greater.

 

  1. Notwithstanding any other provisions of this Ordinance, the following minimum distance shall be maintained between all principal buildings and the right(s)-of-way of interstate highways.

 

            A. All residential buildings - 200 feet.

 

            B. All commercial and industrial buildings - 75 feet.

 

  1. Notwithstanding any other provisions of this Ordinance, there shall be a minimum distance of 200 feet between all dwellings and railroad track(s). The requirement shall not apply to the Warrenton Branch Line.

 

3.   Notwithstanding any other provisions of this Ordinance, for buildings erected after December 8, 2005, there shall be a minimum distance of 200 feet between such buildings and the right of way for transmission lines of 500 kV or greater; preexisting buildings within 200 feet of the transmission line shall not be deemed nonconforming uses and may be expanded within the 200-foot setback.

 

43. The provisions of Paragraph 1, and 2, and 3 above shall not apply to those instances where a lot has been recorded prior to the enactment of this Ordinance where the enforcement of this regulation would negate the use of the lot in accordance with the provisions of the zoning district in which located.