Fauquier County, VA
Zoning Information

COMMERCIAL LAND USE

Existing Commercial Land Use and Zoning

There are approximately 1,144 acres of land throughout the County, primarily within the service districts, villages and settlements which are zoned for various commercial uses. The County Zoning Ordinance contains the following commercial categories:

1. Commercial Neighborhood (C-1) District- generally a town center type district allowing neighborhood commercial activities and some residential uses. Its main purpose is to provide areas for neighborhood type retail and service convenience shopping. The areas should be located so as to provide pedestrian access from nearby neighborhoods. The size should relate to the neighborhoods served and the configuration should allow for internal pedestrian movement.
2. Commercial Highway (C-2) District contains general commercial uses where vehicle access is the norm; the district should serve both local needs and those of the motoring public.
3. Commercial Shopping Center, Community/ Regional (C-3) District – designed for large shopping center needs as they relate to a trade area and its interrelationship with the planned growth areas. Site access, availability of public utilities, and internal pedestrian movements are also considerations in area designation.
4. Village (CV) District -designed to allow commercial activities appropriate to the needs of the villages, recognizing the rural service function of such communities.

Fauquier County Comprehensive Plan Zoning and Land Use

Chapter 4, Page 10

The majority of the commercially zoned land in the County is located in the service districts. Figure 4.2 summarizes the existing commercial zoning for the entire County and Table 4.8 summarizes commercial zoning for the service districts, villages and settlements.

Existing commercial activity in the County is either community or highway oriented; no regional commercial facilities presently exist. The largest commercial centers are located in the Town of Warrenton. Warrenton contains the largest highway commercial center in the County. Two highway related commercial centers exist on Route 29 at New Baltimore and at Opal. Some highway commercial activity also exists at Marshall and Remington. Remington, Bealeton, and Marshall are the other locations presently providing for community retail needs with a small center located at Catlett. Other community retail is scattered throughout the County and can be categorized as “general store” type activity.

INDUSTRIAL LAND USE

Existing Industrial Land Use and Zoning

There are approximately 2,880 acres of industrially zoned land in Fauquier County. The County has adopted the following zoning districts for industrial activities:

1. Industrial Park (I-I) District -designed for industries where the primary activity is conducted within completely enclosed structures. The district allows for public-access type industrial uses, and commercial uses generally related to the industrial activities. In general the district contains uses which have minimal environmental impacts.
2. Industrial General (1-2) District -designed for heavier industries where operation and/or significant storage is outdoors or in a partially enclosed area. Public access uses are discouraged in the district because of the nature of uses permitted. The majority of the industrially zoned land in the County is located in the service districts. Figure 4.3 and Table 4.9 summarize the existing industrial zoning in the entire County as well the service districts village.

ARTICLE 5

5-01 Purpose and Intent

1. There are certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a given district. These uses as described may be allowed to locate within certain designated districts under the controls, limitations and regulations of an administrative permit, special permit, or special
2. The Zoning Administrator shall issue administrative permits under the provisions of this article if it is determined that the proposed use meets the standards set forth in this article.
3. The Board shall issue special permits under the provisions of this Article when it determines that such use will be compatible with the neighborhood in which it is to be located.
4. The Board shall issue special exceptions under the provisions of this Article when it concludes that such action will not be incompatible with existing or planned development in the general area.
5. While the same standards shall be applied in the evaluation of the impact and compatibility of uses proposed under both the special permit and special exception provisions of this Article, the issues involved in special permits under consideration involve primarily the immediate neighborhood to be affected. Special exceptions involve issues concerning the neighborhood as well as potential impacts on the general area, the Comprehensive Plan and, in some cases, the County as a whole.
6. Notwithstanding anything in the Zoning Ordinance to the contrary:
7. When an applicant must seek a special exception and a special permit for a single project, all of the requirements for the special permit shall be addressed by the Board of Supervisors as part of the special exception process. Subsequent to issuance, all amendments shall be processed by the Board of Supervisors.
8. Where any use requiring special permit approval by the Board of Supervisors pursuant to Article 3 of this Ordinance is proposed on a property with a recorded non-common open space easement pursuant to Section 2-700, or a recorded open space or conservation easement authorized pursuant to either the Virginia Conservation Easement Act, Section 10.1-1009, seq., or the Open Space Easement Act, Section 10.1-1700, et. seq., of the

1. (Deleted)
2. The Board shall stipulate, where appropriate, conditions and restrictions in the granting of special permits and special exceptions respectively to assure the use will be compatible with the neighborhood in which it is to be located and will meet the standards contained herein; or where that cannot be accomplished, to deny the use as not in accord with adopted plans and policies or as being incompatible with existing uses or development allowed by right in the area.
3. The burden of proof lies with the applicant to demonstrate that the proposed use is consistent with the purpose and intent of the applicable zoning district and satisfies the standards contained
4. The Board may impose a condition that specific uses allowed by right on a property subject to a special use permit or a special exception shall not be commenced unless:
5. authorized by an amendment to the issued special use permit or special exception; or
6. the property owner elects to void his permit or special exception through delivery of a written notarized statement of relinquishment to the Zoning Administrator.

5-02 Authorization

1. In consideration of an application filed with the Zoning Administrator, the Zoning Administrator and the Board may authorize the establishment of those uses that are expressly listed respectively as administrative, special permit uses and special exception uses in a particular zoning district provided, however, that no such permit shall be required for a use allowed as a permitted use in such district.
2. No administrative permit use, special permit use or special exception use shall be authorized unless such use complies with all the applicable standards of this Article 5 and all other applicable requirements of this Ordinance.

5-03 Limits on Authority

1. Neither the Zoning Administrator nor the Board shall have the authority to vary, modify or waive any of the regulations or standards prescribed for any use or purpose for which an

2. This provision shall not preclude any concurrent, but jurisdictionally separate, proceedings applying to the same property, in which an application is made for a variance on an allegation of hardship.
3. The jurisdiction of the Zoning Administrator and the Board, with respect to any use or purpose for which such body is authorized to issue, respectively, administrative permits, special permits and special exceptions, shall be confined to the consideration of the question of conformity to the provisions of this Ordinance.
4. The Board shall issue the special permit or special exception applied for, subject to whatever conditions and restrictions are deemed necessary and appropriate under the provisions of Section 007 below, provided that so conditioned and restricted all applicable requirements of this Ordinance are met.

5-04 Status of Administrative Permit Uses, Special Permit Uses and Special Exception Uses

1. Any use for which an administrative permit is granted by the Zoning Administrator, a special permit or a special exception is granted by the Board, and which complies with the specific requirements of this Ordinance and those conditions and restrictions which may be imposed in accordance with Section 007 below, shall be deemed to be a permitted use on the lot for which it was approved.
2. Once a special permit or special exception has been granted, however, the use shall not be enlarged, extended, increased in intensity or relocated unless an application is made for a new administrative permit, special permit or special exception; except that the Board may specifically waive or modify requirements for obtaining additional permits for the enlarging, extending, increasing in intensity or relocation of previously approved special permit or special exception uses in unusual cases when the change is not

5-05 Establishment of Categories

5-06 General Standards for Special Permits and Special Exception Uses

1. The proposed use shall be such that it will not adversely affect the use or development of neighboring properties. It shall be in accordance with the applicable zoning district regulations and the applicable provisions of the adopted Comprehensive Plan. The location, size and height of buildings, structures, walls and fences, and the nature and extent of screening, buffering and landscaping shall be such that the use will not hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.
2. The proposed use shall be such that pedestrian and vehicular traffic generated will not be hazardous or conflict with the existing and anticipated traffic in the neighborhood and on the streets serving the
3. In addition to the standards which may be set forth in this Article for a particular category or use, the Board may require landscaping, screening, yard requirements or other limitations found to be necessary and appropriate to the proposed use and location.
4. Open space shall be provided in an amount at least equal to that specified for the zoning district in which the proposed use is
5. Adequate utility, drainage, parking, loading, and other necessary facilities to serve the proposed use shall be provided. Low impact development techniques are encouraged by the County and shall be incorporated into the site and facility design when deemed appropriate by the applicant after consultation with appropriate county officials. Parking and loading requirements shall be in accordance with the provisions of Article 7.
6. Signs shall be regulated by the provisions of Article 8, except as may be qualified in the Parts that follow for a particular category or use. However, the Board, under the authority presented in Section 007 below, may impose more strict standards for a given use than those set forth in this Ordinance.
7. The future impact of a proposed use will be considered and addressed in establishing a time limit on the permit, if deemed appropriate. Existing and recent development, current zoning and the Comprehensive Plan shall be among the factors used in assessing the future impact of the proposed use and whether reconsideration of the permit after a stated period of time would be necessary and appropriate for the protection of properties in the vicinity and to ensure implementation of the Comprehensive Plan.

8. The proposed use shall be such that air quality, surface and groundwater quality and quantity, are not degraded or depleted to an extent that would hinder or discourage the appropriate development and/or use of adjacent or nearby land and/or buildings or impair the value thereof.
9. Except as provided in this Article, all uses shall comply with the lot size, bulk regulations, and performance standards of the zoning district in which located.

5-07 Conditions and Restrictions

1. The Board, in granting special permits or special exceptions, may impose such conditions, safeguards and restrictions upon the proposed uses as may be deemed necessary in the public interest to secure compliance with the provisions of this Ordinance.

1. The hours of
2. Access to the subject
3. Protection of surface and
4. Lighting of the site, to include intensity and shielding, so as not to adversely affect adjacent or nearby property owners.
5. Adequate sewer and water
6. Sound limitations as needed to ensure peaceful enjoyment of
7. The location, size, height, design of building, walls, fences, landscaping and buffer yard.
8. Covenants and/or homeowners association for maintenance of applicable restrictions.
9. Timing or phasing of
10. Utilities
11. Control of smoke, dust and
12. Bonding as required to ensure standards are met and plans are
13. The Zoning Administrator may apply similar conditions to the approval of an administrative permit, but only to the extent that such condition is necessary in order to secure compliance with specific standards set forth for the use.

5-08 Time Limitations, Extensions, Renewals

5-09 Application for Administrative Permit, Special Permit or Special Exception

1. An application for an administrative permit, special permit or special exception may be made by any property owner, owner of an easement, possessor of the right of entry under the power of eminent domain, lessee, contract purchaser, or any official, department, board or bureau of any government. A contract purchaser, lessee or owner of an easement must file with the application a copy of the contract or some form of written statement which indicates the endorsement of the application by the property owner.

• Proposals that include residential uses shall not be considered for AP, SP or SE applications when such proposals rely on pending ZOTAs. Relevant zoning text amendments shall be approved by the Board before any related application may be filed. AP, SP or SE applications may be submitted with a pending zoning map amendment; however, the applications shall be processed separately from the pending zoning map amendment and the zoning map amendment shall be approved before the Board may act on the AP, SP or SE application.

2. The application shall be filed with the Zoning Administrator on forms provided by the County. The application shall be complete and shall be accompanied by those submission requirements set forth in Section 011 below, such specific information as may be required for a given category or use, and such additional information as may be required by the The application shall be accompanied by a fee established in accordance with the provisions of Section 13-107. No application shall be deemed to be on file with the County until all required submissions and payments have been presented.
3. The Zoning Administrator shall refer the application to any agency or review body as may be specified for a particular Category or use or as deemed appropriate by the Zoning Such referral will be made expeditiously upon filing of the application. The Zoning Administrator will take action necessary to see that the advertising requirements of Section 13-111 are met for hearings conducted in connection with this Section. For those administrative permits where the standards for the use specify special notice

4. Application for a special permit shall be filed not later than thirty- five (35) calendar days prior to the date of the Planning Commission meeting at which it will first be placed on the An application is considered officially filed if the Department accepts it after review. At that meeting a hearing will be conducted concerning the application in accordance with the provisions of Section 13-110.

5. Application for a special exception shall be submitted not later than sixty (60) calendar days prior to the first Planning Commission meeting at which it may be An application is considered officially filed if the Department accepts it after review. At the first meeting a hearing will be conducted concerning the application in accordance with the provisions of Section 13-110. The Commission shall, not later than its next regular monthly meeting, unless an extended period is mutually agreed to by the applicant and the Commission, forward a recommendation concerning the proposal to the Board. Failure to act at this time, unless tabled with the concurrence of the applicant or unless a longer period of time is required to allow for VDOT review of such applications pursuant to 24 VAC 30-155-40 and §15.2-2222.1, shall be deemed action to recommend approval.
6. The Board shall hold a public hearing on all applications for special permits and special exceptions in accordance with the provisions of Section 13-110, at its earliest regularly scheduled meeting for which the notice requirements of Section 13-111 can be met following the date of Commission action on a recommendation concerning such
7. The Board shall render a decision on all applications for special permits and special exceptions not later than at its body’s second regular monthly meeting following the hearing. This time limit may be extended by either body, through the consent of the applicant, and if comments or reports have not been received from other agencies and/or review bodies (other than the Commission) which are either specified for a particular category or use, or are deemed necessary by the Board.
8. The Zoning Administrator shall render a decision on all applications for administrative permits within 30 days of a complete

5-10 Section Deleted

1. Ten (10) copies of a Statement of Justification of proposed use and description of such use, to include:
2. Description of type of
3. Hours of
4. Estimated number of patrons/clients/patients/pupils,
5. Proposed number of employees/attendants/teachers,
6. Qualifications and operators of the proposed Where applicable, submit a copy of professional or occupational certification or license.
7. Estimate of traffic impact of proposed
8. Vicinity or general area to be served by the
9. A statement addressing each of the special standards for the particular use, if any such special standards apply.
10. A scale drawing(s) at a scale of not less than 1″=100′ (1″=200′ for residential development, major, in the Rural and R-1 zoning districts) showing:
11. Property
12. Abutting streets with names or route
13. Location of all existing and proposed buildings or
14. Highway entrance(s) and
15. Off-street parking and loading spaces, showing number of spaces
16. Front, side and rear elevations of any proposed
17. Landscaping if
18. Ten (10) copies of such drawings shall be submitted on sheets not exceeding 30 x 42 inches.
19. A copy of the applicant’s purchase agreement or sales contract if applicant is a contract owner.
20. Any other information requested by the Board (not required as part of original submission).
21. A Traffic Impact Analysis (TIA) or a traffic assessment as per Section 301B of the Design Standards Manual.
22. A completed application on forms provided by the County, signed by the owner and applicant or agent.
23. An application fee as provided for in accordance with Section 13-

5-011.2 Submission Requirements for Special Exceptions

1. A completed application on forms provided by the County, signed by the owner and applicant or agent.
2. Ten (10) copies of a Conflict of Interest Statement provided by the County, completed and signed by the applicant.
3. Ten (10) copies of a plat drawn to a designated scale determined by consultation with the Director or his designated agent, containing the following information as applicable:
4. Boundaries of entire property, with bearings and distances on all boundary lot lines.
5. Total area of the property in square feet or
6. Scale and arrow
7. Public right(s)-of-way, including names, route numbers and
8. Proposed means of ingress and egress to the property from a public street(s).
9. Parking spaces, existing and/or proposed, indicating minimum distance from the nearest property line.
10. Where wells and/or septic fields are proposed, soils analysis/information indicating general feasibility of proposed use or indication that the subject property is served by public water and/or sewer. Where appropriate, a statement from the Health Department indicating that available facilities are adequate for the proposed use.
11. A map (3 inches by 3 inches) giving the general vicinity of the subject property.
12. Where applicable seating capacity, usable outdoor recreation area, emergency access, bicycle parking, fencing, limits of clearing, landscaping and screening, outside lighting, loud speaker, required and/or proposed improvements to public right(s)-of-way.
13. Seal and signature of person certifying the
14. Ten (10) copies of a statement of justification to include the following as applicable:
15. Type(s) of operation(s).
16. Hours of
17. Estimated number of patrons/clients/patients/pupils/etc.
18. Proposed number of employees/attendants/teachers,
19. Qualifications of application and operators of the proposed use. Where applicable, submit a copy of professional or occupational certification or license.

1. Estimate of traffic impact of proposed use, including the maximum expected trip generation and the distribution of such trips by mode and time of day.
2. Vicinity or general area to be served by the
3. For other than residential development, description of building facade and architecture of proposed new building or additions
4. A statement that the proposed use conforms to the provisions of all applicable conditions, or, if any waiver, exception or variance is sought by the applicant from such ordinance, regulations, standards and conditions, such shall be specifically noted with the justification for any such modification.
5. OPTIONAL – Photographs of the property showing existing structures, terrain and vegetation.
6. If the applicant is not the owner of the property involved in the application, evidence must be submitted showing that the applicant will have the right to use the property as proposed. A copy of a properly executed lease or contract to purchase, with financial terms deleted if so desired, will normally suffice to meet this
7. Where applicable, any other information as may be required by the provisions of Articles 4 and 5 or requested by the Board or Commission which may not be required as a part of the original
8. An application fee as provided for in accordance with Section 13-
9. A Traffic Impact Analysis (TIA) or a traffic assessment as per Section 301B of the Design Standards Manual.

5-12 Renewal or Extension of Uses Operating Under Special Permit, Special Exception or Administrative Permit

1. Where a Special Exception, Special Permit or Administrative Permit is issued with a specific time frame for renewal or a specific time frame for expiration, the permit may be renewed or extended. The Zoning Administrator shall have the authority to renew and extend Administrative Permits and any Special Exceptions or Special Permits which specifically establish by condition renewal by the Zoning Administrator. The procedures for renewing and extending other Special Permits and Special Exceptions shall be the same as for the initial approval of the permit.
2. The application for an extension of a special permit or special exception shall be filed with the Zoning Administrator in accordance with the provisions of Paragraphs 1 and 2 of Section 009 The application shall be filed at least thirty (30) days prior to expiration for a permit to be renewed administratively by the Zoning Administrator, and by the regular filing deadline for permits to be renewed by the Planning Commission/Board of Supervisors.

3. For those cases where the Zoning Administrator has the authority to approve the renewal or extension:
4. The Zoning Administrator shall inspect the use; review the applicant’s record of compliance with those conditions, standards and restrictions previously imposed by the Board; and make a determination on whether the use still satisfies the applicable standards of this Ordinance. The Zoning Administrator shall also notify the applicable approving authority that request has been filed.
5. Upon a favorable finding, the Zoning Administrator shall issue an extension or renewal of the special permit or special exception for the period of time that may be specified for a particular category or use or that may have been specified by the Board. Upon an unfavorable finding, the application shall be denied and such an action shall be subject to appeal in accordance with the provisions of Part 3 of Article 13.
6. For those cases where the Board has the authority to approve the renewal or extension, staff shall inspect the use; review the applicant’s record of compliance with those conditions, standards and restrictions previously imposed; and make a recommendation on whether the use still satisfies the applicable standards of this Ordinance. The approval process for new applications shall be followed for such extensions.
7. All ordinances and regulations, in effect at the time an application for an extension is filed, shall apply to the use in the same manner as when a new special permit or special exception is issued by the Board except that no alteration of a structure shall be required if such structure was in conformity with the provisions of the Building Code and other applicable regulations at the time the special permit or special exception was first granted.

5-13 Section Deleted

• Expiration of Permit if Use or Construction Not Commenced

1. With the exception of public uses, whenever an administrative permit, special permit or special exception is issued, the activity authorized thereby shall be established or construction authorized shall be diligently pursued within one (1) year after the effective date of such permit or exception unless a longer period of time to establish the use has been approved as a condition of the permit. If the use or construction has not commenced within the required period, such administrative permit, special permit or special exception shall automatically expire without notice. Where an approval authorizes a specific category of uses that may be phased in over time, if any portion of the use category is commenced within

2. Once an activity authorized by an administrative permit, special permit or special exception has commenced, the permit shall expire at the date specified in the permit. If no date is specified in the permit, it shall expire only if the activity authorized by the permit ceases for a period of two (2) or more years. This expiration provision shall apply automatically without notice to all special permits and special exceptions, including those approved prior to adoption of this provision.
3. The Board may grant an extension of the time to commence a special permit and special exception because of the occurrence of conditions unforeseen at the time of granting the special permit or special exception, upon application by the original permitee for such extension. Application for such extension shall be made at least forty-five (45) days prior to expiration for a permit to be renewed by the An application for extension shall be filed consistent with the requirements set forth in Section 5-009(1-2). The application shall include a statement setting forth the basis for the extension, and the Zoning Administrator may waive those submission materials deemed not necessary for the extension request. The Board shall approve or deny the renewal or extension at a public meeting.

5-15 Revocation of an Administrative Permit, Special Permit or Special Exception

1. An administrative permit, special permit or special exception, shall be revocable on the order of the Zoning Administrator or Board at any time because of the failure of the owner or operator of the use covered by the permit or exception to observe all requirements of law with respect to the maintenance and conduct of the use and all conditions in connection with the special permit or special exception that were designated in issuing the same.
2. Before revoking any special permit or special exception, the Board shall give the holder thereof at least fifteen (15) days written notice of The Board shall hold a hearing on the revocation of the permit or exception and shall give the applicant at least fifteen (15) days advance written notice of the hearing date.
3. Notice of revocation of an Administrative permit shall be made by letter from the Zoning Administrator to the owner or operator of the use for which the permit has been granted, hand-delivered or mailed, return receipt requested, setting forth the grounds upon which the revocation is effective and informing the owner or operator of the appeals procedure. Upon receipt of such notice the owner or operator of such activity shall close operation of the activity forthwith. In the case of an appeal from the revocation of a temporary special permit, the aggrieved party may request a meeting with the Zoning Administrator to present his grounds for appeal.

4. The foregoing provisions shall not be deemed to preclude the use of the other remedy prescribed by law or by this Ordinance with respect to violations of the provisions of this Ordinance.

5-16 Contesting a Special Exception Decision

PART 1 5-100 CATEGORY 1 RESIDENTIAL USES

5-103 Standards for Residential Uses

1. Single Family Detached Dwellings (C-1 and CV)
2. Within the C-1 zoning district, a single family detached unit may only be constructed on a lot existing as of January 1, 2004, and only by approval of a special permit. Lots created by subdivision after January 1, 2004, may not be developed with single-family residential dwellings.
3. Residential uses allowed by special permit in such districts shall be of such scale as to avoid conflict with existing and potential commercial uses in the district where located.
4. Single family uses shall be subject to the use regulations set forth in Part 4 of Article 3 for conventional single family residential development in the R-4 zoning district.

5-104 Standards for an Administrative Permit for an Accessory Dwelling Unit

1. No more than one accessory dwelling unit shall be located on a lot, and no dwelling units other than the principal single-family dwelling and the accessory dwelling unit shall be located on any one lot.
2. An accessory dwelling unit shall be built only on the same lot as the residence of the owner of the lot.

3. Accessory dwellings may be attached to a principal structure, located within the principal structure or accessory structure as an apartment, or built as a stand-alone building.
4. Any external entrances for an accessory dwelling unit located within a principal dwelling unit shall be located on the side or rear of the
5. An accessory dwelling unit shall not be occupied by more than three

6. Accessory dwellings shall contain no more than 800 square feet, except:
7. Where located in the RA or RC districts on a lot at least five acres in size, the unit may contain up to 1000 square feet.
8. Where located in the RA or RC districts on a lot at least five acres in size and where a legally existing dwelling unit built before 2013 is being converted to the accessory dwelling unit, the unit may contain up to 1400 square feet, or the square footage of the existing unit, whichever is less.
9. Where located solely within a basement, the accessory dwelling may occupy the entire basement.
10. For purposes of this provision, square feet shall be calculated as the sum of the total horizontal areas of all floors of the building, measured from the interior faces of exterior walls. Rooms with structural headroom of less than 6’ 6” shall not be counted, nor shall garage space, provided the area of the garage does not exceed the counted floor area. Covered porches, balconies, etc. shall not be counted unless they are enclosed, but shall not exceed 50 percent (50%) of the area of the counted floor area.

5-105 Section Deleted

• Standards for Duplex Dwellings

1. Such a structure shall not be located on a lot smaller than twice the minimum lot size for conventional developments in the zoning district wherein the lot is located.
2. In any sensitive situation or those involving any possible detriment to the character of an existing community or subdivision, approval shall not be granted unless it can be assured that such problems shall not result. In a location where such a use is otherwise appropriate, conditions may be necessary and shall be imposed which will further preclude adverse impacts, such as the following:

5-107 Administration and Standards for Manufactured Dwellings

1. Administration

2. Standards
3. The applicant must be the owner of
4. The main body (living area) of the structure shall be not less than twenty (20) feet in width as measured at the narrowest point.
5. The side of the building most nearly parallel to the appurtenant street (including a fully enclosed garage, not a carport) shall be not less than thirty (30) feet.
6. The tongue, trailer hitch and any other visible transportation appurtenances are removed.
7. A foundation wall which forms a complete enclosure directly beneath the exterior walls shall be constructed in accordance with County Code requirements for foundations.
8. The main roof shall have a pitch of not less than 2 1/2:12 and shall be covered with shingles of a type commonly used on site built dwellings.
9. Exterior siding shall be of materials, colors and finishes commonly used on site built dwellings.
10. Fenestration shall be rectangular and otherwise similar to that of conventional single family dwellings.

PART 2 5-200 CATEGORY 2 RESIDENTIAL BUSINESSES

5-201 Standards for Major Home Occupations

1. The proposed home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential
2. There shall be no change in the outside appearance of the building or lot, nor other visible evidence of the conduct of such home occupation, including outside display of goods, or storage of equipment or materials in other than a fully enclosed structure. Trailers may be stored outside in conjunction with the home occupation provided such trailer meets all limitations of Section 6-

3. No equipment or process used in such home occupation shall create noise, vibration, glare, fumes, odors, or electrical interference detectable off the lot.
4. Retail goods may be authorized for display, storage or sale on the premises provided the goods are:
   1. hand-crafted items that have been produced on the premises,
5. items that have been substantially repaired on site, adding at least 100% of the value; or
6. items accessory to the main business and sold only to clients or customers utilizing the main business.
7. No more than two employees other than members of the household residing on premises, may be authorized on parcels less than five acres in No more than five such employees may be authorized for homes located on parcels at least five acres in size.
8. Off-street parking for the use shall be provided in the amount deemed necessary by the Board of Parking shall not be located in any required front yard, except within an existing driveway.
9. All public contact related to such use shall be limited to a period between 7:00 a.m. and 8:00 p.m., unless specifically authorized otherwise by the Board.
10. Signage shall be limited to that authorized by 8-3.

5-202 Standards for Small Contracting Businesses

1. The use shall be allowed only in the RA, RC, V, C-2, I-1 and I-2 districts, on parcels with a minimum lot size of five (5) acres.
2. All off-street parking and loading spaces, storage and loading areas, storage and structures which are related to such use shall be located not less than fifty (50) feet from any lot line.

3. Not more than five (5) persons shall be engaged in the on-site operation of the business.
4. Not more than five (5) vehicles in excess of 1½ ton and/or pieces of equipment shall be operated from the site or stored there overnight.
5. Such a use shall have 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 particular use is such that it will not cause an undue impact on the neighbors or adversely affect safety of road usage.
6. The area covered by all structures used in connection with such a use shall not exceed a total of five thousand (5,000) square feet.
7. The area covered by any outdoor storage in connection with such a use shall not exceed a total of five thousand (5,000) square feet.
8. All parking, loading and open storage shall be effectively screened from view.
9. No manufacturing, processing or assembly shall occur in conjunction with the home occupation.
10. The Board shall determine a reasonable timeframe for establishment of a small contracting business. Once established, a special permit for a small contracting business may only be issued for a period not to exceed one year, and each permittee shall apply at least 60 days prior to expiration annually to the Zoning Administrator for renewal of the permit, should a renewal be desired. Upon application for renewal, if the Zoning Administrator determines that all conditions under which the permit was issued have continued to be complied with, and that there have been no changed conditions, the Administrator shall renew said permit for an additional period of one year. If, however, the Zoning Administrator finds that the permittee has not complied with each and every condition imposed, or in the event of changed conditions, the Zoning Administrator shall deny renewal of the special If the permittee does not apply for the renewal, the permit shall expire at the end of the one year period.
11. Small Contracting Businesses include the following types of contracting uses and those uses determined by the Zoning Administrator to be sufficiently similar thereto in terms of type, scale and impact.
12. Construction and/or repair of building, roads, fencing and utility
13. Installation and servicing of heating, cooling and electrical equipment, flooring, painting, plumbing, roofing and

2. Custom farming not in conjunction with a farming
3. Landscaping Services and
4. Such uses shall not be listed in Section 6-304 or similar
5. Signage shall be limited to that authorized by 8-3.
6. Site plan approval is

5-203 Standards for Auto Repair Garages

1. The use shall be allowed only in the RA, RC, RR-2, CV, I-1 and I-2 districts, on parcels with a lot size of 2 acres.
2. The proposed home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential
3. One non-resident employee is
4. No more than 6 vehicles shall be on the site at any one time for service. All vehicles shall be stored and all work shall be accomplished within an enclosed structure or within a completely screened area. In no case shall vehicles be stored in any required
5. Retail goods may not be displayed, stored or sold on the premises, except parts to be installed as part of the repair operation.
6. No equipment or process used in such home occupation shall create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.
7. All public contact related to such a use shall be limited to the period between 7:00 a.m. and 8:00 p.m.
8. Signage shall be limited to that authorized by 8-3.
9. Site plan approval is

5-204 Standards for Sales of Antique/Classic Automobiles as a Home Occupation

1. The proposed home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential
2. No non-resident employees are
3. No more than 3 cars shall be inventoried for

4. All automobiles shall be stored and any work on the automobiles shall be done indoors, within a completely enclosed structure.
5. No equipment or process used in such home occupation shall create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot.
6. All public contact related to such a use shall be limited to the period between 7:00 a.m. and 8:00 p.m.
7. No on-site advertising or signage

5-205 Standards for Gunsmithing and the Accessory Sale of Firearms as a Home Occupation

1. The proposed home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential
2. There shall be no change in the outside appearance of the building or lot, nor other visible evidence of the conduct of such home occupation, including outside display of goods, or storage of equipment or materials in other than a fully enclosed structure. For the purposes of this section, outdoor storage shall include storage in a trailer and/or open truckbed.
3. No non-resident employees
4. No equipment or process used in such home occupation shall create noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the No test firing of weapons shall occur on site.
5. All inventory stored on-site for accessory retail sales shall be stored in a safe or similar lockable container, approved for such purpose by the United States Bureau of Alcohol, Tobacco, Firearms and
6. All public contact related to such a use shall be limited to the period between 8:00 a.m. and 6:00 p.m., and shall only be allowed by
7. No on-site advertising or signage

5-206 Standards for Pet Grooming as a Home Occupation

1. All public contact related to such a use shall be limited to the period between 7:00 a.m. and 8:00 p.m.
2. No more than two employees other than members of the household residing on the premises may be authorized.

3. Off-street parking for the use shall be provided in the amount deemed necessary by the Board of Parking shall not be located in any required front yard, except within an existing driveway.
4. Signage shall be limited to that authorized by 8-3.

5-207 Additional Standards for Family Day Homes

1. A Family Day Home for four or fewer children shall be allowed with no zoning approval pursuant to Section 6-102(30).
2. Family Day Homes for five through 12 children meeting standards A through E below may be approved by the Zoning Administrator pursuant to an Administrative Permit as set forth in Section 5-009 of this Ordinance. Prior to approval by the Zoning Administrator, notification shall be sent by certified mail to the last known address of each adjacent property owner. If the Zoning Administrator receives no written objection from a person so notified within 30 days of the date of sending the letter and determines that the Family Day Home otherwise complies with the standards below, the Zoning Administrator may issue the permit.
3. The Family Day Home shall be located within a single-family detached dwelling located on a lot at least 5,000 ft. in size.
4. Drop-Offs and Pick-Ups of children shall occur between the hours of 6:00 a.m. and 9:00 p.m. except in an emergency situation.
5. Adequate space shall be provided for drop-off and pick- up of children in a manner that does not interfere with traffic circulation in the neighborhood, and drop-offs and pick-ups shall be staggered as necessary to address potential traffic issues on the neighborhood streets.
6. Dwelling units in which a Family Day Home is operated shall not be altered structurally or with respect to external decoration so as to be incompatible with surrounding dwellings, nor shall driveway and/or parking paving be expanded beyond that which is typical for the No outdoor lighting shall be added in conjunction with the Family Day Home operation, nor shall any signage be allowed.
7. Fencing and/or landscaping may be required to provide buffering between any outdoor recreation facility located within 25 feet of an adjoining residential property.
8. Family Day Homes where the Zoning Administrator has received a written objection from an adjoining neighbor notified pursuant to Section 2 above and Family Day Homes not meeting the requirements of A through E above, shall require approval of a

PART 3 5-300 CATEGORY 3 TRANSIENT HOUSING

5-301 Additional Standards for Hotels and Motels in C-3 Zoning Districts

5-302 Additional Standards for Tourist Homes and Boarding Houses

1. Such a use shall provide accommodations for not more than twelve

2. Off-street parking for the use shall be in accordance with the provisions of Article 7, shall not be located in any required front yard, and shall be effectively screened.
3. Such a use shall have 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.
4. In Residential and Rural Zoning Districts, the Building(s) so used shall have the exterior appearance of a single family residence and normal residential accessory structures.

PART 4 5-400 CATEGORY 4 COMMUNITY USES

5-401 Standards for All Category 4 Uses

1. No off-street parking or loading spaces shall be located within any required yard or within 25 feet of any lot line in any Rural or Residential District.
2. In all Residential and in the RR-2 District, all off-street parking and loading areas and all swimming pools and tennis courts shall be effectively screened.

3. No Category 4 uses shall be operated on a profit-making basis, and the owner of the facility shall be a nonprofit organization or governmental agency.

PART 5 5-500 CATEGORY 5 EDUCATIONAL USES

Standards for All Category 5 Uses

Additional Standards for All Category 5 Uses Other than Pre- School/Day Care Center/Nursery School

1. No structure used for or in conjunction with the use shall be located within 100 feet of any adjoining property which is in a Residential or Rural District, except where such use proposes to utilize an existing structure and the Board of Supervisors find that the lesser setback will not cause an undue impact on adjoining properties because of the specific characteristics of the proposed school or adjoining
2. The site shall have minimum road frontage, as required for the site’s zoning district, on a road designated as a major collector in the Comprehensive Plan, unless the Board of Supervisors find 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 off-street parking and loading spaces, swimming pools and tennis courts and similar facilities shall be effectively screened and shall not be located in any required yard in all Residential and Rural

Additional Standards for Pre-School/Nursery School, Child Day Centers and Child Care Facilities

1. In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area shall be of such size that 100 square feet of usable outdoor recreation area shall be provided for each child that may use the space at any one time. Such area shall be delineated on a plat submitted at the time the application is filed.

1. That area not covered by buildings or required off-street parking
2. That area outside the limits of the required front
3. Only that area which is developable for active outdoor recreation
4. All outdoor recreation area shall be fully
5. In the R-2, R-3, and R-4 zoning districts, such a use shall:
6. Serve no more than ten (10) children at any one time unless a location is served by a local collector street that is not internal to a platted subdivision or is served by a major collector street or higher and, the existing adjacent uses within 100 feet are not
7. Operate only during the period from 6:00 A.M. until 9:00 P.M. unless the Board determines the hours of operation will cause an adverse effect on the neighborhood. Upon such a finding the Board shall impose more stringent hours of operation.
8. In the I-1 zoning district the use must be associated with the principal use and 50% of the membership shall be from employees of the principal use.

Additional Standards for Primary School, Secondary/Advanced Schools and Technical Schools (Indoor)

1. In addition to complying with the minimum lot size requirements of the zoning district in which located, the minimum lot area for a private school of general education shall be of such size that:
2. 200 square feet of usable outdoor recreation area shall be provided for each child in grades kindergarten through three (3) that may use the space at any one time, and
3. 430 square feet of usable outdoor recreation area shall be provided for each child in grades four (4) through twelve (12) that may use the space at any one time. Such usable outdoor recreation shall be delineated on a plat submitted at the time the application is filed. For the purpose of this provision, usable outdoor recreation area shall be limited in the same manner as paragraph 503.1.
4. All outdoor recreation areas for primary schools shall be fully fenced, unless waived by the Board with approval of a Special
5. The following standards shall apply to primary and secondary/advanced schools in residential zoning districts:

1. Minimum lot size shall be 5 acres, except that the Board of Supervisors may waive this requirement for a primary school located in the Residential-Village District, when such serves less than fifty (50) students.
2. All exterior lighting shall be designed and installed so that all direct rays are confined to the site and adjacent properties are protected from glare.
3. The following additional standards shall apply to Technical Schools within the I-2 and I-1 Districts:
4. No school serving children under the age of 10 shall be located in an I-2 area.
5. The Zoning Administrator may approve an Administrative Permit to allow a technical school which primarily has classes directly related to typical industrial uses, such as but not limited to carpentry classes, welding classes, etc. All other technical schools shall require special permit approval.
6. The approval authority shall determine that the nature of the proposed school considered in combination with its proposed location in the I-2 area and considered relative to the remainder of the uses existing or planned for the I-2 area is such that no conflict is anticipated to occur between the proposed school and the other I-2 uses.
7. No Heavy Industrial use classified under Section 3-317.5 has been approved within the adjoining I-2 zoned area.

Additional Standards for Technical Schools (Outdoor)

1. The minimum lot size requirements shall be five (5)
2. In the consideration of an application for such a use, both safety and such factors as noise, vibration, dust and appearance will be taken into account and appropriate conditions imposed with respect

Additional Standards for Dormitories, Etc. (See Item 7 of Section 3- 305)

1. Facilities accommodating more than 100 residents shall be located not less than 100 feet from any side or rear lot line.
2. Facilities must be sanctioned or operated by the educational institution which the facility serves.

Additional Standards for Colleges/Universities

1. The minimum lot size requirement is 5
2. Adjunct uses, such as but not limited to office, meeting and storage, may be approved as part of the Special Exception, subject to these additional limitations:
3. Adjunct uses are those uses connected to the main use, but not a necessary or essential part of the main use.
4. Adjunct uses must be operated and utilized by the same entity operating the College/University use.
5. Only adjunct uses specifically approved as part of the Special Exception shall be allowed.

PART 6 5-600 CATEGORY 6 INSTITUTIONAL USES

Standards for All Category 6 Uses

Additional Standards for Places of Worship, Minor or Major

5-602.a. Additional Standards for Places of Worship, Major

1. The minimum lot size requirement shall be ten (10) acres for all sites located outside of a designated Service District. A reduction in the minimum lot size may be approved by the Board of Supervisors when approving the Special Exception provided the Board of Supervisors finds that:
2. Sufficient area is provided to accommodate drainage, potable water, septic, parking, landscaping and all other development requirements; and
3. The less restrictive standards do not negatively impact any other general or specific standard contained in Article 5 for this use and will serve the purposes of promoting public health, safety and welfare to an equivalent degree.
4. No structure used for or in conjunction with the use shall be located within 100 feet of any adjoining property which is in a Residential or Rural District, unless the Board of Supervisors finds that the lesser

3. No such use shall be established except on a lot fronting on, and 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.
4. All off-street parking and loading areas shall be effectively screened in any Residential or Rural District.

Additional Standards for Monastery, Retreat or Similar Religious Facilities

1. No structure used for or in conjunction with the use shall be located within 100 feet of any lot line.
2. All parking and loading areas, swimming pools and tennis courts shall be effectively screened.
3. The minimum lot size requirement shall be ten (10)

Additional Standards for Residential Care Facilities

1. In the consideration of an application for such a use, the concentration of such facilities shall be taken into account to prevent clustering in certain neighborhoods, thereby creating an institutional setting and changing the area’s character and social structure.
2. In granting a permit for a residential care facility, a maximum number of residents shall be established. This limitation shall be based upon, but not limited to, the following considerations (as well as the standards set forth in Section 006 above).
3. The size of the structure and of the
4. Location and size of other similar facilities in the
5. The density allowed and existing in the
6. In addition to the minimum lot size requirements of the zoning district in which located, the minimum lot area for a residential care facility shall be of such size that:
7. 300 square feet of usable outdoor recreation area shall be provided for each resident 17 years of age and younger.

1. 150 square feet of usable outdoor recreation area shall be provided for each resident 18 years of age and older.

Additional Standards for Medical Care Facilities, Minor or Major

1. No such use shall be established except on a lot fronting on, and 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.
2. No structure used for or in conjunction with such use shall be located closer than 100 feet to any lot line in any Residential or Rural
3. All such uses shall be designed to accommodate service vehicles with access to the building at a side or rear entrance.
4. All off-street parking and loading areas shall be effectively screened in any Residential or Rural District.

Additional Standards for a Continuing Care Facility

1. In the consideration of an application for such a use, the concentration of such facilities shall be taken into account to prevent clustering in certain neighborhoods, thereby creating an institutional setting and changing the area’s character and social structure.
2. The location of such a use shall be restricted to parcels located within the boundaries of a Service District where public water and sewer is
3. No such use shall be established except on a lot fronting on, and having access to, a road designated as a major collector (or higher)

4. No such use shall be established in any area until the Fauquier County Emergency Coordinator has determined that adequate emergency medical service and fire protection is available in short response time.

5. The location for such use should be convenient to shopping, social, educational and cultural uses.
6. No such use shall be operated without approval and, where appropriate, licensing by such agencies as the Virginia Department of Social Services, the Virginia Department of Health, and other such appropriate local, state and federal agencies which may have authority in a particular case.
7. No structure used for or in conjunction with such use shall be located closer than 50 feet to any side or rear lot line.
8. All such uses shall be designed to accommodate service vehicles with access to the building at a side or rear entrance.
9. All off-street parking and loading areas shall be effectively
10. The proposed use including all structures, roads and landscaping shall be sited, designed and constructed in a manner which minimizes the impact of the development on the neighborhood and the County. The scale of the physical facilities shall be such that the appearance of the project will be visually harmonious and appropriate to the neighborhood and immediate area. The use shall minimize adverse impact on floodplains, wetlands, steep slopes, and prime agriculture and forestal In planning the development, the applicant shall consider prominent on-site geographic features such as outstanding trees and treelines, stone walls, open fields within the public viewshed, ridgelines, hilltops and historic sites and shall preserve such existing features to the greatest extent possible.

Additional Standards for Transitional Family Housing

1. This use shall only be permitted: a) when located on the same site as a building used as a place of worship and as an accessory use to the main sanctuary; or b) when located on the same site as an office for a qualified §501-c non-profit organization that provides transitional housing services, and operated by such non-profit.
2. Minimum site area shall be 20 acres for Residential-1 (R-1) zoned properties and 12 acres for Agricultural (RA) zoned properties; multiple lots may be utilized to meet this requirement only if they are adjacent to each other and under the same ownership.
3. On sites zoned Agricultural (RA) and less than 20 acres, no more than 24 people shall be housed at the facility at any one time. On sites 20 acres or greater, no more than 20 rooms and no more than 40 people shall be housed at the facility at any one time.
4. Residents of the facility shall be individuals and families, shall be limited to no more than an eighteen month stay, and shall be required to participate in a structured program or classes designed to facilitate independent living.

5. Facilities shall be located within service districts or must have approval for adequate septic and well requirements by the Health
6. The amount of parking required shall be determined based on the particular characteristics of the proposed site and use as part of the Special Exception Where possible, the parking spaces for the sanctuary shall be utilized to meet this requirement in order to avoid additional paving at the site.
7. Usable outdoor play space shall be provided for residents and screened from adjoining The amount and location of the necessary open space shall be determined in conjunction with the permit approval.

PART 7 5-700 CATEGORY 7 ADAPTIVE USES

5-701 Eligibility

1. Structures existing prior to 1940, or are independently listed, or are eligible for listing, on the National Register of Historic Places, subject to the standards set forth in Section 5-702.
2. For public safety buildings and primary and secondary school buildings, subject to the standards set forth in Section 5-703.

5-702 Adaptive Uses of Historic Structures

1. The following uses may be approved:
2. Retail shops
3. Art and Craft galleries, including Photographic Studios
4. Offices
5. Restaurants
6. Receptions
7. Tourist homes
8. Repair Service Establishments
9. Furniture Repair, Cabinet Making, and Upholstery
10. Personal Service Establishments such as Barber/Beauty Shops
11. Single-Family and Multi-Family Residential Uses
12. Scholarly Research Center, but limited to fields of study linked to the property’s historic use or by virtue of existing resources or collections found on the property.
13. Adaptive uses shall be permitted only in those instances in which the continuation of the existing use is physically or financially impossible or impractical, where the proposed use is not inconsistent with existing uses in the vicinity, and where the proposed use will not unduly interfere with the appropriate expectations of neighboring

3. No proposed alteration to a structure or dependency containing an adaptive use shall materially alter the exterior appearance of the structure from its historical appearance.
4. No off-street parking or loading space shall be located in any required side or rear yard that abuts a residentially zoned No more than three (3) parking spaces shall be located in any required front yard unless specifically provided for in granting the special exception based on a finding that such parking will not adversely affect the character of the historic structure.
5. All off-street parking and loading areas shall be substantially screened with landscaping or architecturally compatible fencing, as described in the special exception.
6. The approval by special exception of an adaptive use shall only occur (a) within an area designated as a service district or village in the Comprehensive Plan, or (b) be 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 traffic safety.
7. No goods or items associated with the adaptive reuse may be stored outdoors, but such goods or items may be displayed or offered for sale on the porch of any such historic structure.
8. A thirty percent (30%) increase in the square footage of any historic structure shall be permitted in connection with the approval of the adaptive use thereof, and such additional square footage may take the form of an addition to such historic structure or to any accessory structure, or an additional accessory structure, so long as such addition or additional accessory structure otherwise meets all other applicable zoning and building code requirements and is of an architectural design that is compatible in size and appearance with the existing historic structure.
9. All alterations and additions to existing historic structures, all additional accessory structures, including signs, shall be designed and constructed in a manner that conforms to the United States Secretary of Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
10. Notwithstanding the residential density provisions found in Sections 2-308 and 3-401 of this Zoning Ordinance, not more than one (1) additional single-family dwelling unit may be established on a parcel hereunder in excess of the density otherwise permitted; and any remaining residential density available on any such property shall be

11. In the event of a fire or other property-related casualty affecting the historic structure for which an adaptive use is granted hereunder, the structure must be substantially restored to its condition prior to the casualty in order for the adaptive use to remain legally permissible. If such restoration is not completed within two years of the occurrence of such casualty, then the adaptive use permitted hereunder shall no longer be allowed and the special exception therefor shall be null and void.
12. All commercial activities permitted hereunder, and the structure or structures in which they are conducted, shall be subject to all applicable building code regulations, as well as applicable regulations promulgated by the Virginia Departments of Health and
13. Floor area beyond the thirty percent (30%) authorized in number eight, above, may be approved by the Board of Supervisors as part of an adaptive use Special Exception where such additional square footage is entirely contained within a reconstructed historic structure on the property or within an historic structure relocated to the property, subject to all other standards in this section and these additional requirements:
14. Additional square footage in reconstructed or relocated buildings shall only be allowed on properties where an existing building is eligible and being approved for adaptive re-use by Special
15. All reconstruction shall comply with the United States Secretary of Interior’s Standards for Reconstruction and Guidelines for Reconstructing Historic Buildings.
16. A relocated structure shall only be authorized for Adaptive Re- use where the Board of Supervisors finds:
17. the relocated building is historically related in time or function to the main structure;
18. the proposed relocation is likely to save an historic structure that may otherwise be lost;

• the relocated structure that is dismantled is being rebuilt based on photographic and/or archival evidence of the structure in its original setting; and

1. the proposed siting of the relocated building on the new property will not overwhelm or otherwise detract from the historic character or context of the main historic building on the property.

5-703 Adaptive Use of Public Safety Buildings and Primary and Secondary Schools

1. Within Service Districts, all uses except Heavy Industrial shall be eligible Adaptive Uses. Outside Service Districts, eligible Adaptive Uses shall be limited to those uses allowed in the Rural, Residential, Commercial Village and C-1/Commercial Neighborhood Districts.
2. Such uses shall only be permitted in those instances in which the continuation of the existing use is impossible or no longer practical, and the uses allowed by the underlying zoning are also impossible or no longer practical.
3. The intent of these provisions is to provide flexibility in the use of buildings which possess unique design features because of their original use. In approving a special exception, the Board shall make a finding that the proposed use is the most appropriate given the prior use of the building and its original
4. Such uses shall be located with direct access to a road designated as a major collector (or higher) in the Comprehensive Plan or such higher classification deemed necessary to support the size of the operation involved 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.
5. Proposed uses, including outdoor activities and storage, shall be located so that such can be effectively screened from all public streets and land located in any Residential or Rural Zoning District, and shall be so screened.
6. In cases where the proposed use is not compatible with the ultimate uses proposed for the property in the adopted Comprehensive Plan, appropriate time limits shall be placed on the adaptive use by the BOS to ensure ultimate redevelopment of the property consistent with the Comprehensive Plan.

PART 8 5-800 CATEGORY 8 TEMPORARY USES

Administration

Standards and Time Limits for Mobile Homes While Constructing a Dwelling

1. Such a temporary special permit shall be issued for a period no longer than would reasonably be required for construction of the proposed dwelling, generally not more than twelve months. The applicant shall submit a construction schedule which shall be monitored by the Administrator. Failure to comply with such schedule could result in revocation of the permit. The Administrator may approve such a permit for not more than a maximum of eighteen months, when he determines that additional time is warranted.
2. Such a use shall be allowed only on a lot where a single family detached dwelling is permitted by the provisions of this Ordinance, and for which a building permit has been issued for a permanent
3. In addition to the requirements for a temporary special permit, a zoning permit may be obtained prior to locating a mobile home in accordance with the provisions of this Section.
4. Occupancy of such a temporary dwelling shall be allowed only if appropriate sanitary facilities are provided as approved by the Health Department and such occupancy shall terminate immediately upon completion of the dwelling on the same lot, but in no event shall the time exceed the limit set forth in Paragraph 1 above. The mobile home must be removed from the site not later than sixty (60) days following the expiration of the temporary special permit or the date that the permanent dwelling is ready for occupancy, whichever is earlier.
5. Additional conditions and requirements may be deemed necessary by the Zoning Administrator upon his review of a particular application for a temporary dwelling or mobile home, in which event he shall refer the request to the Board for its action and such temporary permit shall be subject to all such conditions and requirements.

Standards and Time Limits for Mobile Homes – Farm

1. All of the abutting properties within a radius of 500 feet of the mobile home must be actively used for agriculture, horticultural or forestry purposes.
2. The systems for sewage disposal and water supply to serve the mobile home must be approved by the Fauquier County Health
3. The mobile home must be skirted so that the undercarriage is not visible and must be screened, landscaped or located so as to minimize visibility from a public highway and so as not to require a separate highway The Zoning Administrator shall specify

4. At least one occupant of the mobile home shall be employed as a full-time farmer on a particular The owner of the farm shall not occupy the mobile home.
5. A temporary special permit must be issued for a period not to exceed one year, and each permittee shall apply annually to the Zoning Administrator for a renewal of his permit, should he so If the Zoning Administrator determines that all the conditions under which the permit was issued have continued to be complied with, and that there have been no changed conditions, the Administrator shall renew said permit for an additional period of one year. If, however, the permittee has not complied with each and every one of the conditions imposed upon him, or in the event of changed conditions, the Zoning Administrator shall revoke the temporary special permit in accordance with the provisions of Section 5-015.
6. The applicant must be the owner of the farm on which the mobile home is to be located.
7. There shall be no tenant house available on the farm and no dwelling on the farm rented to a family without at least one member working full-time on the farm. Nothing in this Paragraph shall be construed to permit the owner of the farm to occupy the mobile home.
8. For the purpose of this Section, the term “farm” shall be defined as land used for the production of crops; the grazing or pasturing of livestock; the raising of hay for livestock, either for income producing equine pursuits or for the production of cattle to produce beef, milk and other dairy products; for the raising of poultry and sale of chickens and eggs; or for the growing of fruit; however, no such use shall qualify as a “farm” use unless the person conducting the same shall demonstrate annual gross sales or anticipated annual gross sales of a minimum of $10,000 or demonstrate sufficient need to justify one full-time farm employee.
9. In addition to the requirements for a temporary special permit, a zoning permit must be obtained prior to locating a mobile home in accordance with this Section.

Standards and Time Limits for Carnival, Circus, Festival, Fair, Horse Show, Dog Show, Steeplechase, Music Festival, Turkey Shoot, Sale of Christmas Trees and other Seasonal Commodities, and other Similar Activities

1. A temporary special permit may be issued for a period not to exceed twenty-one (21) consecutive days in Residential and Rural Zoning Districts and one (1) year in Commercial and Industrial Districts.
2. All permitted activities in a Residential or Rural Zoning District shall be sponsored by a volunteer fire company, local chamber of commerce, veterans’ organization, service club, civic organization, church or religious organization, sports or hunt club, charitable, educational or nonprofit organization or recognized chapter thereof whose principal administrative offices are located within the
3. Where the activity is a circus, fair or carnival, and the owner of the circus, fair or carnival is an entity other than the sponsoring organization, the sponsoring organization shall furnish the Zoning Administrator the name and address of the owner or owners of the circus, fair or carnival.
4. The sponsoring organization shall furnish the Health Director information as to sanitary arrangements and facilities to be used by the public and employees, and the Health Director shall advise the Zoning Administrator that such arrangements and facilities will be adequate if properly used and maintained.
5. No temporary special permit shall be issued unless adequate provision is made for off-street parking and loading
6. In addition to the requirements of this Ordinance, a carnival, circus, sideshow, dog and pony show, trained animal show, menagerie, musical or entertainment festival, or any other show, exhibition or performance similar thereto, shall produce a County license therefore in accordance with the provisions of Chapter 3 of the Code.
7. No such use shall be permitted except on a lot fronting on, and 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.

Standards and Time Limits for Construction Office, Watchman Quarters and/or Equipment Shed

1. An administrative special permit may be issued for a period not to exceed two (2) years.
2. An administrative special permit may be extended beyond its two- year limit by the Zoning Administrator based on a finding (in addition to other applicable standards) that the construction project is of sufficient scope and magnitude to warrant the continuation of such

3. A contractor’s office, quarters for not more than two watchmen, and equipment sheds, including trailers and/or mobile homes used therefore, shall be allowed on or immediately adjacent to an active construction site to which they are accessory.
4. Such facilities shall not be located on the site earlier than thirty (30) days prior to commencement of actual construction, and shall be removed no later than twenty (20) days after completion of
5. The area in the vicinity of such use(s) and access roads thereto shall be treated or maintained in such a manner as to prevent dust or debris from blowing or spreading onto adjacent properties or onto any public right-of-way.

5-805.1 Standards and Time Limits for Occupancy of Recreational Vehicle While Repairing/Rebuilding after Casualty or Natural Disaster

1. Residents of a single-family detached dwelling unit may be authorized to live in a recreational vehicle placed on the property only in cases where the home has been damaged or destroyed by a casualty such as fire or car accident or by natural disaster.
2. Occupancy shall be limited to the period that actual repairs/reconstruction are diligently proceeding to restore the Occupancy of the recreational vehicle/camper shall terminate immediately upon completion of the repairs to the dwelling on the property, but in no case shall occupancy exceed one (1) year.
3. Approval of the Health Department is
4. The recreational vehicle shall be parked outside of all required yards, or, where parked in an existing driveway, at least 10 feet from all property lines.

Standards and Time Limits for Subdivision/Apartment Sales/Rental Office

1. An administrative special permit may be issued for a period not to exceed two (2) years.
2. An administrative special permit may be extended beyond its two year limit by the Board based upon a finding (in addition to other applicable standards) that the construction and sales/lease of the

3. Such an office shall be used primarily for the purpose of the sales/and or rental of dwelling units in the subdivision or development wherein it is located.
4. Such an office shall contain no sleeping accommodations or kitchen facilities unless it is located in a permanent dwelling unit approved as part of the subdivision or apartment development.
5. Such an office shall continue only until the initial sale or lease of all units in the development is complete.

Standards for Mobile Eating Establishments

• Parcels within Service Districts zoned C-1, C-2, C-3, BP, I-1, I- 2, PCID, Marshall Town, PDMU or MU-Bealeton;
• Parcels outside Service Districts zoned CV or V;
• Parcels zoned RA or RC hosting Agritourism Events, non-profit fundraising events or facilities holding seasonal events, festivals, and like uses as determined by the Zoning Administrator;
• Parcels zoned RA or RC hosting Class A, B or C Events;
• County Park Facilities or Public Safety

1. Parking shall be provided in conjunction with the An agreement certifying that adequate parking is available shall be furnished prior to approval of a Zoning Permit or an Administrative Permit if required.
2. The location of the mobile eating establishment and associated parking shall not impede traffic flow to other businesses on the same or adjacent parcels.
3. There shall be no drive-thru nor drive-in Food service shall be provided through a walk-up window (or similar) only.
4. Trash receptacles shall be provided on-
5. Restrooms shall be provided in conjunction with the use. An agreement certifying that facilities for public use are available shall

6. All required approvals from the Virginia Department of Health shall be furnished prior to the approval of a Zoning Permit or an Administrative Permit if required.
7. A Zoning Permit shall be required if the mobile eating establishment remains on-site no more than three (3) consecutive days at a time. The Zoning permit may only be issued for a period not to exceed one year, and each permittee shall apply at least 60 days prior to expiration annually to the Zoning Administrator for renewal of the permit, should a renewal be desired.
8. An Administrative Permit approval shall be required if the mobile eating establishment remains on-site more than three (3) consecutive days. The Administrative Permit may only be issued for a period not to exceed one year, and each permittee shall apply at least 60 days prior to expiration annually to the Zoning Administrator for renewal of the permit, should a renewal be desired.

PART 9 5-900 CATEGORY 9 OUTDOOR RECREATION

Standards for All Category 9 Uses

1. No off-street parking or loading space shall be located within fifty

Additional Standards for Country Club/Golf Course, Public or Private

1. The minimum lot size requirement shall be fifteen (15)
2. No structure used in connection with the use shall be located closer than fifty (50) feet to any lot line.

Additional Standards for Swimming/Tennis (Racquet) Facility, Public or Private

1. The minimum lot size requirement shall be one (1)
2. No building used for or in conjunction with the use shall be located within 100 feet of any adjoining property which is in any Residential
3. Only indoor facilities shall be allowed in the BP

Additional Standards for Firing Range, Skeet or Trapshooting Facility (Indoor or Outdoor)

1. The minimum lot size requirement shall be fifty (50) acres for outdoor facilities.
2. No structure used for or in conjunction with the use shall be located closer than 100 feet to any lot line.
3. The protection of adjacent properties will be assured by proper design, location and/or orientation of earthworks and firing line(s).
4. In the consideration of an application for such a use, both safety and noise factors will be taken into account and appropriate conditions imposed with respect thereto.
5. No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable State and County laws.
6. Only indoor facilities shall be allowed in the BP

Additional Standards for Baseball Hitting and Archery Ranges (Indoor or Outdoor)

1. For indoor ranges, those in which all activities are located entirely within a building, the minimum lot size requirement shall be one (1)
2. For outdoor ranges, those in which any or all activities are occurring outdoors, the minimum lot size requirement shall be three (3) acres. In addition, no outdoor activity associated with the use shall be located closer than one hundred (100) feet to any lot line.
3. Only indoor facilities shall be allowed in the BP

Additional Standards for Camps and Recreation Grounds, Lodges and Resorts

1. The minimum lot size requirement shall be twenty (20)
2. No structure or campsite or athletic facility shall be located closer than 100 feet to any lot line.
3. No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable State and local health requirements.
4. All parking and loading areas, swimming pools and tennis courts shall be effectively screened.

Additional Standards for Tent Campground

1. The minimum lot size requirement shall be twenty (20)

2. Travel trailers and other residential vehicles are not
3. The only permanent structure allowed for residential use will be occupied by the resident owner or manager.
4. The facility shall have direct access by means of a travel-way twenty

5. No structure or campsite shall be located closer than 100 feet to any lot line.
6. No permit shall be issued for such a use until the applicant has furnished evidence that the proposed development meets all applicable State and local health requirements.
7. Density shall not exceed one (1) campsite per

Additional Standards for Recreational Vehicle Park

1. Camping units are permitted within a Recreational Vehicle Park, provided the park shall be designed for and predominantly used by recreational vehicles.
2. Camping Cabins shall not exceed ten (10%) of the total permitted campsites.
3. Camping Cabins shall not exceed six hundred (600) square
4. At a minimum, electrical outlets shall be provided at each individual campsite. Central sanitary stations for the disposal of effluent shall be provided along with central toilet and shower facilities. These facilities shall be for the sole use of the patrons of the park.
5. The property shall have direct access to and a minimum of three hundred (300) feet of frontage on a road designated as a principal arterial (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. Accessory commercial uses are permitted, exclusively for the use of residents of the park (e.g., coin-operated laundry, convenience store, entertainment).
7. Density shall not exceed ten (10) campsites per
8. Each campsite shall contain a minimum of 1,600 square
9. No structure, campsite or athletic facility shall be located closer than 100 feet to any lot line.

8. No site plan shall be approved for such a use until the applicant has furnished evidence that the proposed development meets all applicable State and local health department Required approvals from the Virginia Department of Health shall be provided to the County prior to the approval of any site plan for the use.
9. One permanent residential occupancy shall be permitted for the resident owner or manager No other persons shall reside in the park for a period exceeding sixty (60) days.
10. The minimum lot size requirement shall be twenty (20)
11. Public water or a Central Water System designed to public standards shall be required.
12. Screening shall be provided in the form of an unbroken strip of open space a minimum of fifty (50) feet wide and planted with one large evergreen tree with an ultimate height of forty (40) feet or greater for every ten (10) linear feet, plus one medium evergreen tree with an ultimate height of twenty (20) to forty (40) feet for every five (5) linear feet, plus one large deciduous tree with an ultimate height of fifty (50) feet or greater for each thirty (30) linear feet where the property abuts residential uses or properties planned for residential use in the Comprehensive The use of existing vegetation can be used to satisfy this requirement.
13. Mobile homes shall be strictly
14. Inoperable and junk vehicles including recreational vehicles shall be
15. The use shall be located within a Service District or immediately next to a Service District on property under the same use as the property within the Service For the purpose of this Section immediately next to a Service District shall not include properties located across a public street.
16. No portion of the recreational vehicle park use located outside of the Service District shall be connected to public sewer.

• (Section Deleted)

• (Section Deleted)

Additional Standards for Drive-In or Outdoor Theater

1. The minimum lot size requirement shall be five (5)
2. The road frontage requirement shall be 300 feet on a road designated as a major collector (or higher) in the Comprehensive Plan unless the Board of Supervisors find that the type and amount of traffic

3. No structure used for or in conjunction with the use shall be located within 200 feet of any adjoining property which is in a Residential

Additional Standards for Golf Driving Ranges

1. No structure used in connection with the use shall be located closer than 100 feet to any lot line.
2. The minimum lot size requirement shall be five (5)

Additional Standards for Commercial Hunting or Fishing Preserves

1. Appropriate noise and safety buffers shall be provided depending on the nature and intensity of the use.
2. For bird shooting activities steel pellets shall be required when circumstances warrant.

Additional Standards for Class A Spectator and Non-Spectator Field Events and Activities

1. No Class A event or activity shall have more than fifty thousand (50,000) cumulative attendees per event. No Class A event or activity shall exceed three (3) days in length. No special exception shall be granted allowing more than nine (9) Class A events or activities on the property subject to the special exception in any one calendar year. Class A events in excess of nine per year or lasting more than three days shall require special permit approval for each
2. Sites eligible for Class A events and shall contain a minimum of 200 acres and have a minimum of 2,000 feet of frontage on a road designated by the County 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. Notwithstanding anything to the contrary contained in this paragraph, the Board of Supervisors may approve a special exception on a site of less than 200 acres or less than 2,000 feet of frontage upon findings that less restrictive standards do not negatively impact any other general or specific standards contained in Article 5 for this use and will serve the purposes of promoting public health, safety, and welfare to an equivalent degree.
3. Vehicular racing, commercial horse racing and permanent horse training stables shall not be (Commercial horse racing is defined as a permanent horse racing track with permanent covered seating and which is operated for ten consecutive days or more at a

4. Field sports are those outdoor sports activities which may be conducted on or within open field areas without the use of an enclosed stadium or area for spectators such as cross country running, track and field, soccer, football, frisbee, kite flying, fly casting, field hockey, rugby, hot air ballooning, softball, golf ball driving, dog trials and the disciplines of Triathlon, Pentathlon and
5. No structure shall be located closer than 100 feet to any lot
6. The special exception holder shall provide adequate security, emergency, traffic control, sanitation and refreshment services at every Class A event or activity. At least thirty (30) days prior to holding a Class A event the holder of the special exception for the property upon which a Class A event will be held shall provide to the Zoning Administrator written proof, including copies of any permits or licenses if required, from the following agencies that control traffic, security, emergency services and on-site sanitary and refreshment facilities are adequate for the size and the type of the event or activity to be held:

7. All requirements of the Fauquier County Code, including this ordinance, which pertain to limitations and exhibitions on noise in the applicable zoning districts shall be complied with by the holder of the special exception.
8. Any retail sales conducted on the property shall either be (a) accessory and incidental to the permitted activity or (b) conducted by and for the benefit of nonprofit, tax exempt organizations whose principal offices are located within the County. At least thirty (30) days prior to holding a Class A event the holder of the special exception for the property upon which the event will be held shall provide to the Zoning Administrator the name, address and a contact person for each individual, group association, partnership or corporation which is expected to conduct retail sales at the event.

Additional Standards for Class B Spectator and Non-Spectator Field Events and Activities

1. No Class B field event or activity shall have more than 5,000 cumulative attendees per event. No special exception shall be granted allowing more than twelve (12) events in any one calendar year. No Class B event shall exceed three (3) days in Class B events having greater than 5,000 attendees or in excess of twelve

2. Sites eligible for Class B events and activities shall contain a minimum of 100 acres and have a minimum of 500 feet of frontage on a road designated by the County as a major collector (or higher) in the Comprehensive Plan unless the Board of Supervisors find 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. Notwithstanding anything to the contrary contained in this paragraph, the Board of Supervisors may approve a special exception on a site of less than 100 acres or less than 500 feet of frontage or upon findings that less restrictive standards do not negatively impact any other general or specific standard contained in Article 5 for this use and will serve the purposes of promoting public health, safety, and welfare to an equivalent degree.
3. Vehicular racing, commercial horse racing and permanent horse training stables shall not be (Commercial horse racing is defined as a permanent horse racing track with permanent covered seating and which is operated for ten consecutive days or more at a time. Permanent horse stables are defined as any stable regularly used for the exercise of horses used in commercial racing.)
4. Field sports are those outdoor sports activities which may be conducted on or within open field areas without the use of an enclosed stadium or arena for spectators such as cross country running, track and field, soccer, football, frisbee, kite flying, fly casting, field hockey, rugby, hot air ballooning, softball, golf ball driving, dog trials and disciplines of Triathlon, Pentathlon and
5. No structure shall be located closer than 100 feet to any lot
6. The special exception holder shall provide adequate security, emergency, traffic control, sanitation and refreshment services at every Class B event or activity. At least thirty (30) days prior to holding a Class B event the holder of the special exception for the property upon which a Class B event will be held shall provide to the Zoning Administrator written proof, including copies of any permits or licenses if required, from the following agencies that control traffic, security, emergency services and on-site sanitary and refreshment facilities are adequate for the size and the type of the event or activity to be held:

7. All requirements of the Fauquier County Code, including this ordinance, which pertain to limitations and prohibitions on noise in

8. Any retail sales conducted on the property shall either be (a) accessory and incidental to the permitted activity or (b) conducted by and for the benefit of a nonprofit, tax exempt organization. At least thirty (30) days prior to holding a Class B event the holder of the special exception for the property upon which the event will be held shall provide to the Zoning Administrator the name, address and a contact person for each individual, group, association, partnership or corporation which is expected to conduct retail sales at the event.

Additional Standards for Class C Spectator and Non-Spectator Field Events and Activities

1. No Class C field event or activity shall have more than 1,000 cumulative attendees per event and no Class C event shall exceed three (3) days in Class C events that have more than 1,000 attendees or last more than three days shall require special permit approval for each event.
2. Sites eligible for Class C events and activities shall contain a minimum of 50 acres and have a minimum of 300 feet of frontage on a road designated by the County 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. Notwithstanding anything to the contrary contained in this paragraph, the Board of Supervisors may approve a special exception on a site of less than 50 acres or less than 300 feet of frontage upon findings that less restrictive standards do not negatively impact any other general or specific standard contained in Article 5 for this use and will serve the purposes of promoting public health, safety, and welfare to an equivalent degree.
3. No structure shall be located closer than 100 feet to any lot
4. Field sports are those outdoor sports activities which may be conducted on or within open field areas without the use of an enclosed stadium or arena for spectators such as cross country running, track and field, soccer, football, frisbee, kite flying, fly casting, field hockey, rugby, hot air ballooning, softball, golf ball driving, dog trials and the disciplines of Triathlon, Pentathlon and
6. The special exception holder shall provide adequate security, emergency, traffic control, sanitation and refreshment services at every Class C event or activity. At least thirty (30) days prior to holding a Class C event the holder of the special exception for the property upon which a Class C event will be held shall provide to the

7. All requirements of the Fauquier County Code, including this Ordinance, which pertain to limitations and prohibitions on noise in the applicable zoning districts shall be complied with by the holder of the special exception.
8. Any retail sales conducted on the property shall either be (a) accessory and incidental to the permitted activity or (b) conducted by and for the benefit of a nonprofit, tax exempt organization. At least thirty (30) days prior to holding a Class C event the holder of the special exception for the property upon which the event will be held shall provide to the Zoning Administrator the name, address and a contact person for each individual, group, association, partnership or corporation which is expected to conduct retail sales at the event.

Additional Standards for Golf Practice Facility in the Rural Agriculture Zone

1. The facility shall not be
2. In a Residential or Rural district, the facility shall have 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.
3. All requirements of the Fauquier County Code, including this Ordinance, which pertain to limitations and prohibitions on noise in the applicable zoning districts, shall be complied with by the holder of the special permit.
4. Any retail sales conducted on the property shall be accessory and incidental to the permitted activity and conducted for the participants of the site.
5. No structure shall be located closer than 100 feet to any lot
6. The minimum lot size shall be twenty-five (25)
7. The Board may require such screening, planting, fencing, preservation of trees, entrances, design of structures, or any other

Standards for Team Recreation Sports

1. Minimum acreage required for team recreation sports is five (5
2. Access shall be on a rural minor street or greater as shown in the Comprehensive Plan, fully paved section, and a highway entrance permit is required from the Virginia Department of Transportation, provided however, the Zoning Administrator may waive the requirement for the fully paved section of the road, should she determine that the waiver will not negatively impact health &
3. Setback from adjoining dwellings shall be at least three hundred

4. Parking shall not be in any required front yard or within fifty (50) feet of any side or rear lot line.
5. A minimum setback of one hundred (100) feet is required from any
6. The hours of operation shall be limited to the hours between 8:30

7. All grass areas used for parking and recreation shall be free of all trash, properly maintained, and mowed to a maximum length of four

8. Administrative permits shall be valid for a period of three (3) years, and may be renewed at the end of each three (3) year period for continued use.
9. Field use shall be limited to teams involving youth, eighteen (18) years old and under.
10. Notification shall be sent to all property owners adjacent to the proposed Said notice shall include a description of the property under consideration, the proposed use of the property, a statement that a copy of the proposed plan can be reviewed at the Department of Community Development, and that comments concerning the proposed use can be made to the Zoning Administrator.
11. The maximum acreage permitted on the site to be used for team recreation sports shall be ten (10) acres.

12. The team recreation field(s) shall be used for practice
13. No lights, concession stands, buildings, dugouts, bleachers, or amplified sound shall be permitted on site.

Minimum Standards for Paintball Recreation Fields

1. The minimum lot size requirement shall be 24
2. No structure shall be closer than 100 feet to any lot
3. No area where paintballs are discharged shall be located within 300’ of any lot line or 500’ from any adjoining residential property, provided that a lesser setback may be permitted by the Board of Supervisors upon a determination that the lesser setback in combination with other elements of the site design provides adequate protection to adjoining properties and rights-of-ways.
4. A 20’ high nylon mesh screen shall be installed around all play areas and shall be removed when the play area is not being utilized, at the end of each The height of the screen may be lowered to no less than 10’ by the Board of Supervisors upon a determination that the lower screen in combination with other elements of the site design provides adequate protection from discharged paintballs.
5. All parking and spectator areas, structures and play areas shall be effectively screened.
6. Any retail sales conducted on the property shall be accessory and incidental to the permitted activity and conducted only for the participants of the site.
7. A plan of operations specifying days and hours of operation, number of participants and employees, types of equipment to be utilized by users of the site, safety procedures, type of compressed air fuel to be utilized on the site and storage and maintenance procedures for the compressed air fuel shall be provided for review in conjunction with the special exception application. All Safety procedures shall be reviewed and approved by Emergency Services. All activities shall be in compliance with National Paintball League standards.
8. The hours of operation shall be limited to 8:30 m. to 8:30 p.m., and further restricted as applicable to daylight hours.
9. No lights or amplified sounds shall be
10. The facility shall have 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.
11. The facility shall be secured at the close of business each

12. The applicant shall include the proposed number of persons to be on the site in the application information.
13. All equipment and objects utilized in the paintball activities shall be removed from the site within 90 days of the discontinuance of the paintball use.

Additional Standards for Outdoor Sports/Activity Centers

1. The facility shall have 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.
2. Uses/activities, including accessory uses, shall be limited to those uses and the scale specifically approved as part of the Special Exception; if an activity is not explicitly approved as part of the Special Exception, it is not allowed.
3. In no case shall the following be authorized pursuant to an Outdoor Sports/Activity Center Special Exception:
   1. Camping and camp fires;
   2. Sale or consumption of alcoholic beverages;
   3. Discharging of firearms on-
4. Competition, sporting events and exhibits are allowed if specifically authorized by the Special Exception, but shall be limited so that such activities remain accessory to the recreational use of the property.
5. All activities shall occur a minimum of 200 feet from any property line adjoining a residentially zoned property and 100 feet from all other property More substantial setbacks may be required with approval of the Special Exception where determined necessary to protect impacts to adjoining properties.
6. All parking, outdoor storage and service areas shall be located a minimum of 100 feet from all property lines and shall be screened from view from the street and residences on adjoining properties.
7. No outdoor lighting shall be allowed; the hours of operation shall be limited to daylight hours.
8. A plan of operations specifying days and hours of operation, number of participants and employees, types of equipment to be utilized by users of the site, and safety procedures shall be provided for review in conjunction with the Special Exception application.
9. No amplified sounds shall be
10. A noise assessment and remediation plan shall be submitted with any application involving uses that generate mechanical noise. The assessment and plan shall demonstrate that the use will be able to

11. A land disturbance assessment and remediation plan shall be submitted with any application involving uses that involve ongoing land disturbance. The plan shall demonstrate that the use will be operated in a manner that all erosion and sedimentation will be controlled on an ongoing basis.
12. The facility shall be secured at the close of business each
13. If the proposed facility includes recreational uses that are listed separately under Article 3 of the Zoning Ordinance, the Special Exception standards in Article 5 for such individual uses shall also apply to the Outdoor Sports Facility.

PART 10 5-1000 CATEGORY 10 RECREATION AND AMUSEMENT

5-1001 Standards for All Category 10 Uses

1. Such uses shall be conducted in completely enclosed, air- conditioned, soundproofed buildings; however, this requirement shall not apply to private clubs where deemed not necessary by the

5-1002 Additional Standards for Private Clubs

1. No building shall be located closer than 100 feet to any lot line in or abutting a Residential or Rural District.
2. Off-street parking and loading areas shall be located no less than 25 feet to any property line in or abutting a Residential or Rural District, and when located within such district, shall be effectively screened.

5-1003 Additional Standards for Indoor Sports/Activity Centers

1. The approval authority may place restrictions on accessory uses as appropriate for good zoning practices.
2. One parking space per two persons of maximum occupancy load plus one spot per employee shall be provided. If events are planned, the approving authority should consider increasing the required parking.
3. When located in the C-1 Zoning District, Centers 5,000 square feet or less are permitted by Administrative Permit if they are not located within a shopping center that has been approved by Special Permit or Special Exception.

PART 11 5-1100 CATEGORY 11 PUBLIC AND QUASI- PUBLIC USES

5-1101 Additional Submission Requirements

5-1102 Standards for All Category 11 Uses

1. For public uses, it shall be concluded that the proposed location of the special permit/special exception use is necessary for the rendering of efficient governmental services to residents of properties within the general area of the location.
2. In or abutting the Rural and Residential District, all open off-street parking and loading areas shall be no closer than 25 feet from any lot line and shall be effectively screened.

5-1103 Additional Standards for Penal/Correctional Facility

1. The minimum lot size requirement shall be one hundred (100)
2. The facility shall have 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.
3. No structure used for or in conjunction with the use shall be located within 200 feet of any adjoining property which is in a Residential or RR-2 District, nor within 100 feet of such property in a Rural District (except for the Large Lot District).

5-1104 Additional Standards for Arena/Stadium

1. The minimum lot size requirement shall be one hundred (100)

2. The road frontage requirement shall be 300 feet on a road designated as an arterial (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.

5-1105 Additional Standards for Libraries and Public Safety Facilities

5-1106 Additional Standards for Fairgrounds

1. The minimum lot size requirement shall be ten (10)
2. The road frontage requirement shall be 300 feet on 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.
3. No structure used for or in conjunction with the use shall be located within 100 feet of any adjoining property in a district permitting residential uses unless the Board of Supervisors finds that a lesser setback is such that it will not cause an undue impact on neighboring

5-1107 Additional Standards for Museum

1. Only existing historic structures or sites may be utilized as museums in the Village, Residential-1, Residential-2, Residential –3 and Residential-4 Zoning Districts.
2. The facility shall have 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.
3. Any retail sales conducted on the property shall be accessory and incidental to the permitted activity, located within the existing historic structure and conducted for the participants of the site.
4. The Board may require such screening, planting, fencing, preservation of trees, entrances, design of structures, or any other

PART 12 5-1200 CATEGORY 12 COMMERCIAL RETAIL USES

5-1201 Additional Standards for Antique Shops Less than 3,000 Square Feet

1. Any building so used shall have the exterior appearance of a single family dwelling and shall be the bona fide residence of the
2. There shall be no outdoor display of goods or
3. Off-street parking and loading areas shall be located no closer than twenty-five (25) feet to any property line and shall be effectively
4. The lot shall have frontage on a major collector (or higher) as designated 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.

5-1202 Additional Standards for Retail Sales Establishment and Shopping Center in the C-1 District

1. The development contributes to creation of a neighborhood-scaled, pedestrian oriented character.
2. Building/Shopping Center up to 100,000 Square Feet in Size: may only be approved by Special Exception provided that in addition to the general standards of Section 006:
3. No individual building footprint shall exceed 15,000 square
4. No individual building size shall exceed 25,000 square
5. The amount of first-floor space shall not exceed 50,000 square
6. Buildings facing public streets shall be primarily at least 25 feet in height, including some buildings with two functional stories.
7. Any historic structures located on the property, as determined by the Board, shall be preserved and incorporated into the proposed

5-1203 Additional Standards for Retail Sales in Conjunction with Category 13 through 17 Uses

1. Retail sales shall represent an activity clearly subordinate to the primary use on the site and shall not involve more than 5,000 square feet in area, including outdoor area involved in the use, if appropriate).

PART 13 5-1300 CATEGORY 13 COMMERCIAL BUSINESS AND PERSONAL SERVICES

5-1301.1 Additional Standards for Kennels in the Rural and Residential Districts

1. Minimum Lot Size:
   1. RA/RC/RR-2 – 2 acres
   2. R-1 – 20 acres
   3. For kennels comprised solely of cats, the minimum lot size may be reduced by the Board in conjunction with approval of a Special Permit or Special Exception upon a finding the larger lot size is not needed to protect the health, safety and welfare of neighbors.
2. Maximum Number of Dogs: Any kennel conducting Commercial Breeding shall have no more than 30 breeding females and 50 total breeding animals. For purposes of this provision, any dog 6 months or older not spayed or neutered shall be considered a breeding dog.
3. All animals shall be confined to a structure or within a fenced
4. The following minimum setbacks shall apply to all structures for the confinement, care or breeding of animals, as well as fenced areas where animals are contained and non-building structures utilized for training or other activities:
5. R-1: 200 feet from all property lines. For kennels comprised solely of cats contained entirely indoors, this setback may be reduced by the Board in conjunction with approval of a Special Permit or Special Exception upon a finding the lesser setback is not needed to protect the health, safety and welfare of
6. RA/RC/RR-2: 200 feet from any property line adjoining a residential zoning district and 100 feet from all other property lines. These setbacks may be reduced by the Board in conjunction with approval of a Special Permit or Special Exception when all animals are kept entirely indoors in soundproofed structures or where the extent and character of the use is such that the Board find that the 100 foot setback is not needed to protect the health, safety and welfare of neighbors.

1. All Districts: 110 feet from the centerline of all streams and 100’ from the edge of a 100-year floodplain.
2. The setback provisions in this paragraph shall not apply to any structures or fenced areas existing in a legally non-conforming kennel or approved by Special Permit for a kennel prior to January 12, 2017.
3. Animal confinement areas and runs shall be constructed and maintained so that there will be no emission of odor or noise detrimental to other properties in the area. In the R-1 district all facilities shall be completely enclosed and soundproofed, except the permit approval may allow for outdoor exercise areas where animals are accompanied.
4. All animal waste and run-off or discharge containing animal waste shall be captured and disposed of in a manner that controls odors and protects the environment. A waste management plan detailing the amount of waste projected and the specific means for managing the waste shall be provided with the application for review and In no case shall the plan allow on-site burial of waste. If on-site composting of the animal waste is proposed, the plan shall include detailed information about the proposed location and design of the composting facility, proposed monitoring and testing to assure the composting is reaching the temperatures necessary to destroy pathogens, and the plans for utilization of the final composted material. In no case shall composting be allowed for cat waste.
5. If dead animals are proposed to be buried on-site, the application shall specifically identify on the Special Permit/Special Exception the location for burials.

5-1301.1.a Standards for a Minor Kennel by Administrative Permit

1. Minimum Lot Size: 0 acre.
2. The maximum number of dogs on the property shall not exceed the non-economic limitation found in Section 2-512.3.
3. The kennel shall be permitted for breeding purposes only not to exceed four (4) litters per calendar year. No more than two

4. All animals shall be confined to an existing residential dwelling and remain within a fenced area when permitted outside. No new structures associated with the use shall be permitted, except fences.
5. The animals being used for breeding shall primarily reside on

6. The proposed use shall be clearly incidental and subordinate to the use of the property for residential purposes.
7. The use shall not convey upon sale of the property or transfer to a new location.

5-1301.2 Additional Standards for Kennels in Commercial Districts

1. Kennels shall be limited to those providing only boarding, grooming, and training. No Commercial Breeding facilities are allowed. The sale of dogs and cats shall be prohibited in association with kennels in commercial districts.
2. Facilities shall be completely enclosed and soundproofed, except the permit approval may allow for outdoor exercise areas where dogs are accompanied. Animal confinement areas and dog runs shall be constructed and maintained so that there will be no emission of odor or noise detrimental to other properties in the area. No outdoor areas shall be allowed within 100 feet of a floodplain or 110 feet of a
3. All animal waste and run-off or discharge containing animal waste shall be captured and disposed of in a manner that controls odors and protects the environment. A waste management plan detailing the amount of waste projected and the specific means for managing the waste shall be provided with the application for review and The plan shall also address disposal of dead animals. In no case shall the plan provide for on-site burial or composting.

5-1302 Additional Standards for Veterinary Clinics

1. All such facilities shall be within a completely enclosed building, such building being adequately soundproofed and constructed so that there will be no emission of odor or noise detrimental to other properties in the area.
2. In a Residential or Rural District, the facility shall have 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.

5-1303 Additional Standards for Funeral Homes

1. All such facilities shall be on land fronting on and with direct access to a road designated as a major thoroughfare (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

2. Driveways and/or service drives shall be provided with direct but limited access to such major thoroughfare (1 above) for the forming of funeral processions so as not to impede traffic in the area.

5-1304 Additional Standards for Farm Supply and Service Establishments

5-1306 Additional Standards for Offices in Rural and Residential Districts

1. Not more than six (6) persons may be engaged in the operation of the office, including part-time employees and/or professionals.
2. No retail or wholesale sales or storage shall be conducted on the
3. Buildings so used shall have the exterior appearance of a residential structure of a type allowed in the zoning district in which located.
4. There shall be no lighting of signs or parking areas on the premises in general in any manner not usual in a residential area.
5. Such uses in multi-family structures shall be located in end units of townhouse structures or on the lowest floor of other multi-family
6. Office hours shall be limited to the period between 8:30 m. and 8:00 p.m., Monday through Saturday. Offices may open at other times only for emergencies.
7. Off-street parking for the office shall be provided in accordance with the provisions of Article 7 in addition to that required for the dwelling units, unless the office hours are limited to the period between 9:00 a.m. and 4:00 p.m.
8. In the V, R-1, R-2 and R-4 zoning districts, no off-street parking space shall be located in any required front yard, and all parking spaces accessory to the use shall be screened so that they are not visible from the first story window levels of adjoining property.
9. Any such office with more than three employees, shall have direct access to a road designated as a major collector (or higher) in the Comprehensive Plan unless the Board of Supervisors finds that the

5-1306.1 Additional Standards for Drive-Through Facility in the BP District

1. No such facilities shall be permitted for any eating

5-1306.2 Additional Standards for Eating Establishments and Eating Establishments, Fast Food in the BP District

1. No single “eating establishment” or “eating establishment, fast food” shall exceed 2,000 gross square feet in size.

5-1307 Additional Standards for Rental of Portable Toilets

1. Servicing of portable toilets and trucks shall occur in areas completely screened from the public and accomplished without impact to adjacent Service areas shall be water tight and all waste effluent properly disposed.
2. Current contracts for waste disposal shall be kept filed with the Fauquier County Zoning Department.
3. All trucks shall be licensed and inspected annually by the State Health Department.

5-1308 Additional Standards for Sex Offender Treatment Providers

1. A special permit shall be required for those providers who offer counseling services which require licensure as a sex offender treatment provider pursuant to 18 VAC125-30-10, as Such services shall not be authorized at locations in proximity to residential neighborhoods, schools, playgrounds, and other locations that potentially pose undue accessibility to children.

1. Events shall occur entirely indoors on any lot adjoining a residential unit.
2. Events shall end no later than 10:00 m. on any lot adjoining a residential unit.
3. The Board of Supervisors may waive or modify the above standards upon a finding that the specific proposal will not impact adjoining residents.

PART 14 5-1400 CATEGORY 14 MOTOR VEHICLE RELATED USES

5-1401 Additional Standards for Motor Vehicle Washes and Auto Service Stations

1. Such uses shall be located and designed so that vehicular circulation shall not conflict with traffic movements in adjacent streets, service drives, driveways and/or parking areas.
2. An applicant for a motor vehicle wash to be served by a public water system shall present a statement by the water system operator that sufficient water capacity is available.
3. When located in a C-3 Zoning District:
4. Such uses shall be an integral design element of a site plan for a shopping center containing not less than 30,000 square feet of gross floor area.
5. Such uses shall have no separate and exclusive curb cut access to the abutting highway.
6. Service stations shall not include any ancillary use such as vehicular or tool rental and shall be limited to the servicing and retail sales of products used primarily by passenger vehicles.
7. Service stations shall not be used for the performance of major repairs and shall not include the outdoor storage of more than two (2) abandoned, wrecked or inoperable vehicles on the site for more than seventy-two (72) hours, subject to the limitation that there shall be no dismantling, wrecking, or sale of said vehicles or part(s) In addition, in no event shall any one abandoned, wrecked or inoperable vehicle be stored outdoors for a period exceeding seventy-two (72) hours.

5-1401.1 Additional Standards for Vehicle Storage, Indoor

1. When located within the C-1 zoning district, an Administrative Permit is required if the use is limited to existing structures. All newly proposed structures, or expansions to existing structures, shall require approval of a Special When located within the C-2, C-3 and I- 1 zoning districts, an Administrative Permit is required whether the use is limited to existing structures or within newly constructed expansions or structures.
2. All motor vehicles shall be stored

3. All motor vehicles stored at the facility shall be in operable condition, properly licensed and registered as being garaged in Fauquier
4. Car shows organized by the proprietor may be held at the site and adjoining parking area no more than twelve (12) times per calendar year for a duration not to exceed one (1) day. Car shows may utilize outdoor parking areas and shall only be held during daylight hours.
5. Minor repairs, maintenance and detailing may be performed only on stored vehicles indoors by the vehicle’s owner or the proprietor. Minor repairs and maintenance may include changing oil and other fluids (which shall be properly disposed of), changing spark plugs, belts, fuses, lights, changing or repairing tires and batteries and similar
6. Major car repairs must be performed off-site including, but not limited to, engine and transmission replacement, and body repair involving paint work.
7. Vehicles stored at the site may be sold from the property by the individual owning the All private sales from the site shall be by appointment only.
8. Within the C-1 District, any façade of such facility shall incorporate at least 10% glass on the façade at street level, or less if the amount proposed is determined to be sufficient by the Zoning Administrator that pedestrian interest is satisfied, so that some of the vehicles in the storage facility are visible to pedestrians.

5-1402.2 Additional Standards for Junkyards

1. Such use shall be located with direct access to a road designated as a major collector (or higher) in the Comprehensive Plan or such higher classification deemed necessary to support the size of the operation involved 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.
2. No storage shall be located in any required
3. Such a use shall be located so that it can be effectively screened from all public streets and land located in any Residential or Rural Zoning District and shall be so screened.
4. Parking and loading areas shall be provided in accordance with the provisions of Article 7 and shall be suited to the type of business conducted (i.e., wholesale vs. retail).

5-1403 Additional Standards for Automobile Sales, Rental and Service Establishments and Truck and Heavy Equipment Sales, Rental and Service Establishments

1. Outdoor storage, parking and display areas shall be permitted only on the same lot as the ancillary to a sales room, rental office or service facility, which shall be entirely enclosed on all sides.
2. The outdoor area devoted to storage, loading, parking and display of automobiles shall be limited to that area so designated on an approved site plan. Such areas shall not be used for the storage or display of vehicles that are not in operating condition.
3. Notwithstanding the limitations set forth in Section 2-504, outdoor storage and display areas that are located on the ground and are open to the sky may be located in any required yard but not nearer to any front lot line than ten (10) feet if approved as part of the special
4. All such uses shall be provided with safe, convenient access to a public street. If any outdoor area is located contiguous to a street, ingress and egress shall be provided only through driveway openings in the curb or similarly controlled by other means appropriate to the design of the abutting street.
5. All outdoor areas used for parking, storage, loading, display and driveways shall be constructed and maintained with an all-weather dustless surface unless the Board of Supervisors finds that the particular use is such or designed in a manner that it will not cause an undue impact on neighboring properties.
6. All lighting fixtures used to illuminate such outdoor areas shall be designed to comply with the performance standards as to glare of the zoning district in which such facility is located. Such facilities shall not be lighted at any time other than during the same hours that the facility is open for business, except for necessary security lighting.
7. In the BP zoning district, the use shall be limited to rental
8. In the I-1 district, automobile rental may be approved by administrative permit; automobile sales require special permit

5-1404 Additional Standards for Farm Equipment Sales, Rental and Service> Establishments