ORDINANCE

A Zoning Ordinance Text Amendment to Section 5-1813 to Amend the Additional Standards for a Community Farmersí Market

            WHEREAS, on November 8, 2007, the Board of Supervisors initiated this text amendment; and

WHEREAS, on November 29, 2007, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and  

            WHEREAS, on December 13, 2007, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

            WHEREAS, adoption of the attached amendment to Section 5-1813 supports good zoning practices, convenience, and the general welfare; now, therefore, be it           

            ORDAINED by the Fauquier County Board of Supervisors this 13th day of December 2007, That Section 5-1813 be, and is hereby, amended as follows:

5-1813                         Additional Standards for a Community Farmersí Market

1.   The minimum lot size requirement shall be one hundred (100) acres; multiple contiguous legal lots under common ownership may be utilized to satisfy the lot size requirement.  The requirements of this section shall not preclude the property owner from conducting compatible, Permitted Uses on the same parcel. 

2.   The road frontage requirement shall be a minimum of 300 feet on 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.   All open off-street parking and loading areas shall be no closer than 25 feet from any lot line.

4.   In addition to the allowed farm sign, one temporary, portable sign may be erected of up to 12 square feet in size and six (6) feet in height to advertise hours of operation and products available.

5.   The permitted activity is the use of any tract of land in a rural agriculture zoning district for the retail sales and preparation of agricultural products, horticultural products, aquacultural products, and hand made crafts.  Any other retail sales conducted on the property shall be accessory and incidental to the permitted activity.  Permitted accessory products shall be accessory and incidental to the permitted activity.  Permitted accessory products include pottery, baskets, garden accessories, baked goods, floral supplies and other similar type items directly related to the culture, care, use of, or processing of the principal use.  Products using electrical or combustion power such as lights, lawn trimmers, and tractors shall not be allowed.  Outdoor recreational activities such as corn mazes, hayrides, pumpkin patches or other similar activities which are dependent on the products being produced on site may be held in conjunction with a community farmersí market if approved as part of a special permit application.

6.   Highway entrance shall be approved by the Virginia Department of Transportation.

7.   Sanitary facilities shall be approved by the Fauquier County Health Department.

8.   No structure used for or in conjunction with the use shall be located within 500 feet of any adjoining lot zoned property located in a Residential or Rural Zoning District or within 100 50 feet of any lot zoned Rural except where that lot is part of the special permit application; and further provided that no structure shall be located within 500 feet of any existing residence

9.   No more than one new structure shall be allowed to be constructed, not to exceed 2,500 6,500 square feet in size, and shall meet all location requirements for the RA zoning district, and shall be designed with an agricultural character.  However, structures previously existing on the parcel may be converted to a farmersí market use, regardless of size or number, if the Board determines the location, accessibility, and visibility of these structures is appropriate to this use. 

10. All At least 75% 80% of the agriculture products, horticultural products, and hand made crafts shall be grown or produced within the Commonwealth of Virginia.  The remainder shall be grown or produced in the United States of America.

 

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