Pursuant to Section 13-104 of the Fauquier County Zoning Ordinance and Section 15.2-2286 of the Code of Virginia, the Zoning Administrator for Fauquier County is charged with interpreting, administering and enforcing the Zoning Ordinance.    Such interpretations are called "determinations," and are governed by specific rules set forth both in the State Code and the Zoning Ordinance.

Buildable Lot Determination

Certain lots that show up on the tax records may not be actual legal lots of record, as historically the Commissioner of Revenue mapped tax parcels rather than legal parcels. Additionally, Section 2-403 of the Zoning Ordinance establishes that some legally created lots that do not meet current Zoning Ordinance standards are not buildable unless they can meet certain requirements. To determine whether a lot is Buildable, a Buildable Lot Determination application can be filed. Staff will then research the property in the land records and issue a letter of determination regarding the buildable status of the lot.

       Submission Requirements:

Floodplain Determination

The 100 year floodplain, as mapped by the Federal Emergency Management Agency (FEMA), has been adopted by the County as an overlay district in the Zoning Ordinance. The boundaries of the 100 year floodplain are maintained in a layer on the County's GIS system.  Section 4-400 of the Fauquier County Zoning Ordinance, the Floodplain Overlay District, limits the ability to develop within the floodplain. No residential development is allowed within the floodplain, and all new dwellings must be set back 25 feet from the floodplain edge.  State and federal regulations, including insurance requirements, may also affect development of properties located within the floodplain.  An official determination as to whether a particular property or building is located within the 100 year floodplain may be requested by filing a Floodplain Determination application.

      Submission Requirements

Other Determination Letter Requests

The Zoning Administrator issues Determination Letters resulting from requests by property owners, developers, architects, land use attorneys and members of the public inquiring about the zoning regulations applicable to specific development proposals or properties. For questions related to non-conforming uses and vesting, these determinations are made in consultation with the County Attorney.  All determinations must be requested in writing. Under state law, the Zoning Administrator may take up to 90 days to respond to a request for a Determination Letter, but our goal is to respond more quickly.    

 

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