5
Board of Supervisors
Meg Bohmke
Jack R. Cavalier
Wendy E. Maurer
Paul V. Milde, III
Gary F. Snellings
Laura A. Sellers
Robert “Bob” Thomas, Jr.
C. Douglas Barnes
Interim County Administrator
January 11, 2017
MEMORANDUM TO:
Stafford County Planning Commission
FROM:
J
SUBJECT:
Code Amendment Process
ATTACHMENTS:
1.
Summary of State Code and Surrounding Jurisdictions
ISSUE:
Discuss the Subdivision and Zoning Code Amendment Process.
BACKGROUND:
During 2016, the Planning Commission expressed concerns about how proposed amendments to the
subdivision and zoning code texts are processed. Of specific concern had been the time limit for the
Planning Commission to hold a public hearing and make recommendations as well as the ability to
change the proposed amendment prior to it being advertised for public hearing. At the close of the
December 14, 2016 meeting, the Chairman asked staff to summarize the current code amendment process,
provide the state code requirements, and provide a copy of the Stafford Code provisions and examples
from surrounding jurisdictions.
A summary of the current process is as follows:
• The Community and Economic Development Committee (CEDC) of the Board of Supervisors
considers amendments proposed by its members, property owners, or staff.
• The CEDC refers amendments for additional consideration to the Board of Supervisors.
• The Board of Supervisors adopts a resolution referring the amendment to the Planning
Commission. The resolution specifies the time limit for action as well as whether or not
adjustments can be made to the proposed amendment. If the resolution is non-specific then the
review period is 100 days from the first meeting of the Planning Commission after the proposed
amendment was first referred to the Planning Commission and no changes can be made.
• The Planning Director advises the Planning Commission of the adopted resolution and proposed
amendment.
1300 Courthouse Road, P. O. Box 339, Stafford, VA 22555‐0339 Phone: (540) 658.8600 Fax: (540) 658.7643 www.staffordcountyva.gov
Memorandum to: Stafford County Planning Commission
January 11, 2017
Page 2 of 4
•
•
•
•
•
•
The Planning Commission discusses the amendment and authorizes a public hearing with any
adjustments to the ordinance if permitted.
Staff prepares necessary advertisements and a staff report for the Planning Commission public
hearing.
The Planning Commission conducts a public hearing and recommends either approval or denial of
the proposed ordinance with modifications if permitted, and provides comments to the Board of
Supervisors.
Staff prepares necessary advertisements and a staff report for the Board of Supervisors public
hearing.
The Board of Supervisors conducts a public hearing, adopts, modifies, or denies the ordinance
amendment.
Adopted ordinances are sent to the Clerk of the Circuit Court and the Municipal Code Corporation
for the permanent record, codification, and publication.
ANALYSIS:
Attachment 1 provides excerpts from the applicable code provisions from the Code of Virginia, Stafford
County, Spotsylvania County, City of Fredericksburg, King George County, Caroline County, Fauquier
County, Prince William County, and Culpeper County. The pertinent parts of Virginia Code and Stafford
County Code provisions have been highlighted for convenience purposes.
The State Code subdivision provisions indicate that the Planning Commission can initiate amendments on
its own accord or can be requested to do so by the Board of Supervisors. However, the Board of
Supervisors cannot adopt an amendment without it referring the proposed amendment to the Planning
Commission. The Board of Supervisors must wait at least 60 days from its referral before the amendment
can be adopted. If the Planning Commission does not make a recommendation within those 60 days, the
Board could proceed to adopt the amendment. There are no County Code provisions with regards to the
subdivision ordinance amendment process. Therefore, the State Code provisions and any directions
provided by the Board in its referring resolution to the Planning Commission dictate the subdivision
amendment review process.
The State Code zoning provisions have similar requirements but stipulate that the Planning Commission
can take up to 100 days from its first meeting after the amendment was referred to it to make a
recommendation. The Board of Supervisors could stipulate a shorter time period for the Planning
Commission to consider an amendment. If the Planning Commission does not make a recommendation
within the allotted time, the recommendation shall be deemed as an approval.
The Stafford County Code has very similar provisions to State Code. The most significant difference is
that the County Code requires that zoning text amendments be first referred by the Board of Supervisors
before a public hearing can be held and a recommendation can be made by the Planning Commission.
The current process above follows this requirement. The County Code however, varies from the State
Code in that it does not acknowledge that a zoning ordinance amendment can be initiated by a property
owner and that such request must be acted on within 12 months unless the applicant requests a time
extension. As it is a State Code provision, the County recognizes and adheres to the provision (without
direct inclusion in the County Code).
Memorandum to: Stafford County Planning Commission
January 11, 2017
Page 3 of 4
Below is a summary of the code provisions for subdivision and zoning code amendments for the adjacent
jurisdictions.
•
•
•
•
•
•
•
Spotsylvania - The subdivision ordinance cross references state code. The zoning ordinance does
not mention a referral from the Board of Supervisors to the Planning Commission. There is no
mention of an owner initiated amendment.
City of Fredericksburg - A Procedures Manual is referenced by the Unified Development
Ordinance (UDO) chapter of the City Code. The UDO combines the subdivision and zoning
ordinances into one document. There is no mention of an owner initiated amendment.
King George County - The subdivision ordinance cross references state code. The Zoning
Ordinance does not identify a code amendment process and therefore would default to state code.
Caroline County - The subdivision ordinance specifies that the Board of Supervisors is responsible
for amending the code, but does not specify what the procedure is. It would default to State Code.
The zoning ordinance makes reference to a referral by the Board of Supervisors but also allows the
Planning Commission to initiate an amendment. It does allow for owner initiated amendments.
The Planning Commission has 90 days from the first meeting after the Board of Supervisors
referral of an amendment to make its recommendation.
Fauquier County - The subdivision ordinance cross references state code. The zoning ordinance
identifies the initiation of amendment can be made by the Board of Supervisors, Planning
Commission or a property owner. There is no mention of the Board of Supervisors first referring
an amendment to the Planning Commission.
Prince William County - The subdivision ordinance cross references state code. For zoning
ordinance amendments, the Planning Director refers amendments to the Planning Commission.
The Planning Commission has 90 days from the date of the first public hearing to make a
recommendation. If an applicant makes a change to the request, the 90 day time limit starts over.
The Board of Supervisors would hold a public hearing(s) and vote on the amendment within one
year of the latest amendment made by the applicant to change the ordinance.
Culpeper County - The subdivision ordinance cross references state code. The zoning ordinance
requires an amendment to be filed with the Zoning Administrator. The Zoning Administrator
would forward the amendment to the Planning Commission for a public hearing. No time limit is
specified for a Planning Commission recommendation and would likely default to State Code
provisions. The Board of Supervisors would hold a public hearing and act on the amendment
within 12 months of the filing of the application excluding any delays requested by the applicant.
CONCLUSIONS:
The process followed by the County for subdivision and zoning ordinance amendments complies with
state code requirements. In the context of zoning text amendments, the County Code does add additional
provisions requiring the Board to refer amendments to initiate the amendment process. Where the County
Code is silent to certain amendment provisions, like a property owner initiated amendment, the State
Code provisions apply. Ultimately, the State Code gives the Board of Supervisors authority on adopting
subdivision and zoning ordinance amendments after the Planning Commission has been given time to
make its recommendations.
In order to address some of the concerns raised by the Planning Commission, discussion can be had on
how the Planning Commission initiates code amendments and communicates its recommendations and
comments to the Board of Supervisors. Two suggestions to consider may be:
Memorandum to: Stafford County Planning Commission
January 11, 2017
Page 4 of 4
1. The Planning Commission work with staff on drafting proposed subdivision and zoning ordinance
amendments. Upon a motion or resolution of the Planning Commission initiating the amendment,
the Chairman or the Planning Director can communicate the proposed amendment to the Board of
Supervisors to start the review process. The Board of Supervisors could choose to refer the
amendment back to the Planning Commission to start the public hearing process or take no action.
2. The Planning Commission, during its consideration of an amendment that had been referred to it
from the Board of Supervisors without modification authority, can first recommend approval or
denial of the amendment. Second, as part of its comments to the Board (via resolution or motion),
the Planning Commission can provide comments on the proposed amendments and/or develop an
alternative amendment. The comments and alternative amendment would be forwarded to the
Board of Supervisors as part of the Planning Commission’s recommendation. The Board of
Supervisors could adopt the ordinance amendment as initially referred to the Planning
Commission or, when legally permissible based on advertising and notice requirements,
incorporate the Planning Commission’s comments into the proposed ordinance prior to adoption
or adopt the alternative amendment. If the Board desires to entertain the Planning Commission’s
comments or alternative amendment but they are outside the notice/advertisement, the Board can
adopt a resolution referring the desired provisions or alternative amendment back to the Planning
Commission for a public hearing and its recommendation.
JAH:sjs
Attachments (1)
Attachment 1
Page 1 of 17
Subdivision and Zoning Code Amendment
Processes
January 2017
Code of Virginia
Subdivision
§ 15.2-2251. Local planning commission shall prepare and recommend ordinance; notice and
hearing on ordinance.
In every locality the local planning commission shall prepare and recommend the subdivision
ordinance and transmit it to the governing body. The governing body of every locality shall
approve and adopt a subdivision ordinance only after notice has been published, and a public
hearing held, in accordance with § 15.2-2204.
§ 15.2-2253. Preparation and adoption of amendments to ordinance.
A local planning commission on its own initiative may or at the request of the governing body of
the locality shall prepare and recommend amendments to the subdivision ordinance. The
procedure for amendments shall be the same as for the preparation and recommendation and
approval and adoption of the original ordinance; provided that no amendment shall be adopted
by the governing body of a locality without a reference of the proposed amendment to the
commission for recommendation, nor until sixty days after such reference, if no recommendation
is made by the commission.
Zoning
§ 15.2-2285. Preparation and adoption of zoning ordinance and map and amendments thereto;
appeal.
A. The planning commission of each locality may, and at the direction of the governing body
shall, prepare a proposed zoning ordinance including a map or maps showing the division of the
territory into districts and a text setting forth the regulations applying in each district. The
commission shall hold at least one public hearing on a proposed ordinance or any amendment of
an ordinance, after notice as required by § 15.2-2204, and may make appropriate changes in the
proposed ordinance or amendment as a result of the hearing. Upon the completion of its work,
1
Attachment 1
Page 2 of 17
the commission shall present the proposed ordinance or amendment including the district maps
to the governing body together with its recommendations and appropriate explanatory materials.
B. No zoning ordinance shall be amended or reenacted unless the governing body has referred
the proposed amendment or reenactment to the local planning commission for its
recommendations. Failure of the commission to report 100 days after the first meeting of the
commission after the proposed amendment or reenactment has been referred to the commission,
or such shorter period as may be prescribed by the governing body, shall be deemed approval,
unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the
expiration of the time period. In the event of and upon such withdrawal, processing of the
proposed amendment or reenactment shall cease without further action as otherwise would be
required by this subsection.
C. Before approving and adopting any zoning ordinance or amendment thereof, the governing
body shall hold at least one public hearing thereon, pursuant to public notice as required by §
15.2-2204, after which the governing body may make appropriate changes or corrections in the
ordinance or proposed amendment. In the case of a proposed amendment to the zoning map, the
public notice shall state the general usage and density range of the proposed amendment and the
general usage and density range, if any, set forth in the applicable part of the comprehensive
plan. However, no land may be zoned to a more intensive use classification than was contained
in the public notice without an additional public hearing after notice required by § 15.2-2204.
Zoning ordinances shall be enacted in the same manner as all other ordinances.
D. Any county which has adopted an urban county executive form of government provided for
under Chapter 8 (§ 15.2-800 et seq.) may provide by ordinance for use of plans, profiles,
elevations, and other such demonstrative materials in the presentation of requests for
amendments to the zoning ordinance.
E. The adoption or amendment prior to March 1, 1968, of any plan or ordinance under the
authority of prior acts shall not be declared invalid by reason of a failure to advertise, give notice
or conduct more than one public hearing as may be required by such act or by this chapter,
provided a public hearing was conducted by the governing body prior to the adoption or
amendment.
F. Every action contesting a decision of the local governing body adopting or failing to adopt a
proposed zoning ordinance or amendment thereto or granting or failing to grant a special
exception shall be filed within thirty days of the decision with the circuit court having
jurisdiction of the land affected by the decision. However, nothing in this subsection shall be
construed to create any new right to contest the action of a local governing body.
2
Attachment 1
Page 3 of 17
§ 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay
delinquent taxes; penalties.
7. For the amendment of the regulations or district maps from time to time, or for their repeal.
Whenever the public necessity, convenience, general welfare, or good zoning practice requires,
the governing body may by ordinance amend, supplement, or change the regulations, district
boundaries, or classifications of property. Any such amendment may be initiated (i) by resolution
of the governing body; (ii) by motion of the local planning commission; or (iii) by petition of the
owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the
property which is the subject of the proposed zoning map amendment, addressed to the
governing body or the local planning commission, who shall forward such petition to the
governing body; however, the ordinance may provide for the consideration of proposed
amendments only at specified intervals of time, and may further provide that substantially the
same petition will not be reconsidered within a specific period, not exceeding one year. Any such
resolution or motion by such governing body or commission proposing the rezoning shall state
the above public purposes therefor.
In any county having adopted such zoning ordinance, all motions, resolutions or petitions for
amendment to the zoning ordinance, and/or map shall be acted upon and a decision made within
such reasonable time as may be necessary which shall not exceed 12 months unless the applicant
requests or consents to action beyond such period or unless the applicant withdraws his motion,
resolution or petition for amendment to the zoning ordinance or map, or both. In the event of and
upon such withdrawal, processing of the motion, resolution or petition shall cease without further
action as otherwise would be required by this subdivision.
Stafford County
Subdivision
Sec. 22-27. - Preparation and adoption of amendments to chapter.
For the purpose of promoting the public health, safety, and general welfare, the planning
commission may, or at the request of the board of supervisors shall, prepare and recommend
amendments to this chapter. The procedure for such amendment shall be the same as that for
the preparation and recommendation, approval, and adoption of the original ordinance from
which this chapter is derived; provided, that no such amendment shall be adopted by the board
of supervisors without first referring the proposed amendment to the planning commission for
recommendation. The board of supervisors may make amendments to this ordinance within
sixty (60) days from the referral date if no recommendation is received from the commission.
Upon the adoption of an amendment, the agent shall cause the official text of the ordinance to
3
Attachment 1
Page 4 of 17
be so revised. The date of the board's adoption of said amendment shall be noted in the text of
the ordinance.
(Ord. No. 084-26, Art. XXVIII, 11-8-84)
Zoning
•
Sec. 28-331. - Purpose.
Whenever the public necessity, convenience, general welfare or good zoning practice
requires, the board of supervisors may amend, supplement, or change the regulations of this
chapter provided such action is in conformity with the provisions of this article.
(Ord. No. 094-29, § 28-1801, 8-9-94)
•
Sec. 28-332. - Initiation of amendments.
Amendments to this chapter may be initiated by the following methods:
(1)
By adoption by the board of supervisors of a resolution of intention to amend, which
shall be referred to the planning commission for consideration as provided in this
article; or
(2)
By approval by the planning commission of a motion of resolution of recommending
such an amendment.
(Ord. No. 094-29, § 28-1802, 8-9-94)
•
Sec. 28-333. - Notice.
No text amendment shall be adopted except after notice and a hearing as follows:
(1)
Amendments to this chapter do not need to be advertised in full, but may be advertised in
reference, including reference to the place or places within the county where copies
of the proposed amendment may be examined. Amendments that decrease the
allowed dwelling unit density of more than twenty-five (25) parcels of land shall
have written notice given to the owner(s) or their agent of each parcel of land
involve, provided however, written notice of such changes shall not have to be
mailed to the owner(s) or their agent of lots shown on a subdivision plat where such
lots are less than eleven thousand five hundred (11,500) square feet.
(2)
The planning commission shall not recommend and the board of supervisors shall not
adopt an amendment to this Code until notice of intent to do so has been published at
least once a week for two (2) consecutive weeks in a newspaper of general
4
Attachment 1
Page 5 of 17
circulation in the county, in accordance with Code of Virginia § 15.2-2204, as
amended.
(Ord. No. 094-29, § 28-1803, 8-9-94; Ord. No. 002-40, 12-17-02)
Sec. 28-334. - Review.
No portion of the text of this chapter shall be amended unless the board of supervisors
first refers the proposed amendment to the planning commission for its recommendations. The
planning commission shall hold a public hearing on the proposed amendment, properly
advertised in accordance with the provisions of this chapter. The planning commission shall
take action on the proposed amendment and report its recommendations to the board of
supervisors within one hundred (100) days after the first meeting of the commission after the
proposed amendment was first referred to the commission. Failure of the planning commission
to report its recommendation within one hundred (100) days after the first meeting of the
commission after the proposed amendment was first referred to the commission shall be
deemed approval of the proposed amendment.
Upon receipt of the recommendation of the planning commission of a text amendment, the
board of supervisors shall hold a public hearing, in conformance with the requirements of this
chapter and state law. All such recommendations of the planning commission, when delivered
to the board of supervisors, shall be available for public inspection.
Following the hearing before the board of supervisors, the board shall either approve or
deny the proposed text amendment, or make appropriate changes therein.
(Ord. No. 094-29, § 28-1804, 8-9-94; Ord. No. O16-06, 6-21-16)
Spotsylvania County
Subdivision
ARTICLE 10. - AMENDMENTS TO SUBDIVISION ORDINANCE
This chapter may be amended only by the board of supervisors. Amendments shall be
considered and adopted in accordance with the provisions of the Code of Virginia, § 15.22253.
(Ord. No. 20-38, 1-12-10)
Zoning
DIVISION 7. - TEXT AMENDMENTS[6]
Sec. 23-4.7.1. - Purpose and applicability.
5
Attachment 1
Page 6 of 17
This division is intended to set out the steps for review and approval of proposed
amendments to the text of this chapter. (Amendments to the zoning maps are governed by
division 6.)
(Ord. No. 23-66, 10-24-95)
Sec. 23-4.7.2. - Initiation of amendments.
Amendments to the text of this chapter may be initiated only by resolution of the board of
supervisors or by motion of the planning commission.
(Ord. No. 23-66, 10-24-95)
Sec. 23-4.7.3. - Staff review and report.
(a)
Upon adoption of a resolution or motion by the planning commission or board of
supervisors to amend the text of this chapter, the planning department shall prepare the
text amendment and shall schedule the amendment for consideration at a public hearing
before the planning commission.
(b)
The director of planning may transmit the proposed amendment and other relevant
information to any state, county or other government agencies for review and comment as
appropriate.
(c)
The director of planning shall prepare and submit a written staff report to the planning
commission on the proposed text amendment.
(Ord. No. 23-66, 10-24-95)
Sec. 23-4.7.4. - Review and recommendation by planning commission.
The planning commission shall conduct a public hearing, after giving notice in accordance
with division 2 of this chapter, and shall submit a written report and recommendation on the
proposed text amendment to the board of supervisors no later than sixty (60) days from the
public hearing, unless required sooner by the board of supervisors.
(Ord. No. 23-66, 10-24-95)
Sec. 23-4.7.5. - Review and decision by the board of supervisors.
(a)
Upon receipt of the report and recommendation of the planning commission and staff, the
board of supervisors shall conduct a public hearing, after giving notice as provided in
division 2 of this article.
(b)
6
Attachment 1
Page 7 of 17
After conducting a public hearing, the board of supervisors may:
(1)
Approve the text amendment; or
(2)
Modify the text amendment; or
(3)
Deny the text amendment; or
(4)
Refer the application back to the planning commission for further study and review.
City of Fredericksburg
Unified Development Ordinance
72-11.2 References to Code of Virginia.
Whenever any provision of this chapter refers to or cites provisions of the Code of Virginia, or
state regulations, and the provisions of that section are later amended or superseded, this chapter
shall be deemed amended to refer to the amended provisions or to the section containing
provisions that most nearly correspond to those of the superseded section.
72-14.0 Procedures Manual.
A.
Contents. Subject to the approval of City Council, the Zoning Administrator and Development
Administrator shall develop and publish a single coordinated and integrated supplemental
Procedures Manual. All revisions to the Procedures Manual shall be approved by City Council
with a recommendation from the Technical Review Committee, as identified in the Manual. The
Manual shall set forth the details for the following requirements:
(1)
Submission of materials for pre-application conferences;
(2)
Scheduling, participation, and conduct of pre-application conferences;
(3)
Required content and format of applications;
(4)
Minimum required numbers of copies of applications;
(5)
Subdivision plat, site plan, and General Development Plan content requirements;
(6)
Application deadlines; and
(7)
7
Attachment 1
Page 8 of 17
Other procedures, requirements, specifications and practices deemed advisable or necessary for
the effective and efficient administration of this chapter.
B.
Consistent with Code of Virginia requirements. The requirements of the Procedures Manual shall
be consistent with the applicable requirements of the Code of Virginia and federal and state
regulations.
C.
Does not override UDO. In the event of a conflict between the requirements of the Procedures
Manual and any provision(s) of this chapter, the provision(s) of this chapter shall govern.
P. Text Amendment
1. General Description
A text amendment is a legislative amendment of City Code Chapter 72, the Unified
Development Ordinance.
City Council Review
Legal Public Notice; Public Hearing; Council Meeting
Administrator or City Attorney Develops Proposal for Text Amendment
CITY COUNCIL DECISION
Planning Commission Review
Legal Public Notice; Public Hearing; Commission Meeting; Recommendation
Process Flow Chart
Text Amendment
Staff Review and Comment
Recommendation
2. Review Procedure
a. Only the Planning Commission and City Council may initiate a text amendment. The Planning
Commission action takes the form of a motion, while the City Council’s action takes the form of
a resolution.
b. The appropriate administrator or City Attorney may develop a proposal for a text amendment.
For each proposed amendment, the administrator will meet with the City Attorney to review the
proposal, determine whether there is statutory authority for the proposal, and identify any other
planning or legal issues.
c. The administrator will prepare the public hearing notice, subject to the review and approval of
the City Attorney.
d. The City Attorney will draft the motion or resolution and ordinance for the text amendment in
consultation with the administrator. The administrator will prepare the staff report.
e. When the draft ordinance, motion or resolution, public hearing notice, and staff report are
complete, the administrator will refer the text amendment to the Planning Commission or City
Council to commence the legislative process.
3. Submittal Requirements
Not Applicable.
4. Things to Know
Not Applicable.
8
Attachment 1
Page 9 of 17
King George County
Subdivision
Sec. 1.3. - Authority and enactment clause.
The subdivision regulations herein shall apply to the subdivision of lots, tracts, or parcels
of land unless, specifically exempted, situated either wholly or partly with the boundaries of
King George County, Virginia, in accordance with Article 6, Title 15.2, Chapter 22 Article 6,
of the Code of Virginia (Code of Virginia, §§ 15.2-2240—15.2-2279, Land Subdivision and
Development). This ordinance was duly considered, following the required public hearings and
was adopted by the Governing Body of King George County, Virginia.
(Ord. of 11-15-2011)
Zoning
1.1. - Ordinance established.
An ordinance to establish comprehensive zoning regulations for the County of King
George by setting forth general provisions and other provisions which divide the area of the
county into districts; establish district boundaries on a Zoning District Map; specify regulations
for each district and set forth procedures for administering, interpreting and amending the
regulations hereby established.
(Ord. of 2-19-2008)
Caroline County
Subdivision
SECTION 3 - ADMINISTRATION AND ENFORCEMENT
3-1 The administration and enforcement of all state and local laws applicable to land
subdivision and development, and all subsequent amendments to said statutes and
ordinances shall be vested solely in the governing body. The Planning Commission shall
review and approve or disapprove all major subdivision plats in accordance with this
ordinance and the laws of the State of Virginia. In the performance of its duties the
Commission shall call for verbal or written opinions or decisions from other departments of
the County, as well as pertinent reports from State agencies and consultants where
deemed necessary. Right is reserved in the governing body to elect by resolution entered
of record whether it will or will not accept the dedication of any proposed subdivision street
or alley.
9
Attachment 1
Page 10 of 17
Zoning
Article XIX
Amendments
Section 1 - Intent
The Board of Supervisors may from time to time, amend, supplement, change, modify or repeal
the
regulations, restrictions, and boundaries in the zoning ordinance or the official zoning maps by
majority
vote.
Section 2 - Initiation of Amendments
Amendments to this ordinance shall be initiated in the following manners:
1. By adoption by the Board of Supervisors of a resolution to amend, which resolution, upon
adoption, shall be referred to the Planning Commission for consideration as provided for
in this ordinance;
2. by adoption by the Planning Commission of a motion to amend, or;
3. in instances where land is to be classified, by petition of any property owned or contract
owner of land proposed to be rezoned, such petition being filed with the Zoning
Administrator.
Section 2.1 – Uses Not Provided For
(Adopted 10/11/05)
1. If in any district established under this ordinance, a use is not specifically a listed use, then
that
particular use is not permitted within the respective zoning district.
2. A property owner may petition the Board of Supervisors for the additional a use that is not
specifically listed by submitting an application to the administrator. The administrator shall refer
the application to the Planning Commission which shall make its recommendation to the
Board of Supervisors. If the application is approved by the Board of Supervisors the ordinance
shall be amended to add the specific use and its definition in the respective section(s) of the
ordinance.
Section 3 - Application Procedures and Fees
(Amended 10/28/97)
Request for rezoning of land or ordinance changes shall be filed with the Zoning Administrator
on standard
forms provided for this purpose. Such applications shall be accompanied by a check, payable to
the
Caroline County Treasurer in the amount set forth in the fee schedule adopted separately by the
Caroline
County Board of Supervisors.
No fee paid pursuant to this section shall be refunded unless a written request for withdrawal is
received by
the Zoning Administrator within five (5) working days after the date of application.
Section 4 - Public Hearing and Notice
The Planning Commission and Board of Supervisors shall each hold a public hearing on any
such proposed
10
Attachment 1
Page 11 of 17
amendment. Notice shall be given of the time and place of such hearings as provided in Section
15.1-431
of the Code of Virginia, as amended.
Section 6 - Referral to Planning Commission
Changes shall be made by the governing body in the provisions of this ordinance or the official
zoning
maps only after such changes have been referred to the Planning Commission for a report.
Action shall be
taken by the governing body only after said report has been received from the Planning
Commission. If no
recommendation is made by the Planning Commission within 90 days after the first meeting of
the
commission following the date the proposed amendment was referred to the commission, the
governing
body may assume that the commission has approved the change.
After the conclusion of the hearing provided for in this article, the commission shall report to the
Board of
Supervisors its recommendation with respect to the proposed amendment. In acting favorably
with
respect to a proposed amendment, initiated by the petition of a property owner or owners, the
Planning
Commission need not confine its recommendation to the proposed amendment as set forth in the
petition,
but may reduce the extent of land that it recommends be rezoned or may recommend that land be
rezoned to a different zoning classification than that petitioned for, if the Commission is of the
opinion that
such revision is in accord with public necessity, convenience, general welfare and good zoning
practice
and is in furtherance of the purposes of this ordinance.
No amendment to the zoning map shall be approved for a change in zoning classification
different from
that applied for and contained in the public notice of hearing nor for any land not included
therein without
referring said change to the Planning Commission for its review and recommendations and
proceedings
pursuant to the Article.
Fauquier County
Subdivision
SECTION 13 - CHANGES OF AMENDMENTS
Any regulation or provision of this Ordinance may be changed or amended from time to time by
11
Attachment 1
Page 12 of 17
the Fauquier County Board of Supervisors in accordance with Section 15.1-431 of the 1950
Code of Virginia, as amended.
Zoning
13-202 Amendments
1. Generally
A. Whenever public necessity, general welfare or good zoning
practice requires, the Board may by general ordinance amend,
supplement or change the regulations, restrictions, district
boundaries or classification of property established by majority
vote; provided, that no such action may be taken until after public
hearings have been held in accordance with the provisions of
Section 15.2-2204 and 2205, Code of Virginia. At such public
hearings, parties in interest and citizens shall have an opportunity
to be heard.
B. Initiation of Amendments
The text of this Ordinance, or text amendment to the
Comprehensive Plan, and any zoning district boundary shown on
the Zoning Map, or any designation shown within the
Comprehensive Plan, may be amended by the Board provided
that the process for any amendment shall be initiated only in the
following manner:
(1) By the adoption by the Planning Commission of a motion of
intention to propose an amendment; or
(2) By the adoption by the Board of a resolution of intention to
amend, which resolution, upon adoption, shall be referred to
the Planning Commission; or
XIII - 8
(3) By the filing with the Zoning Administrator of an application
by the owners, contract purchasers, or their agents of the land
proposed to be modified, which application shall be sworn to
under oath or affirmation and acknowledged before a notary
public.
Prince William County
Subdivision
Sec. 25-4. - Authority for chapter.
The board of county supervisors, pursuant to the recommendation of the planning
commission and a public hearing held in accordance with Code of Virginia, § 15.2-2204, does,
12
Attachment 1
Page 13 of 17
by the adoption of this chapter, hereby exercise the police power given by Code of Virginia, §§
15.2-2240—15.2-2276 to assure the orderly subdivision of land, and the police power
conferred by Code of Virginia, § 15.2-2224 to implement the comprehensive plan of the
county, and the general police power as given by Code of Virginia, § 15.2-1200.
Zoning
Sec. 32-700.02. - Zoning text amendments.
1.
Whenever the public necessity, convenience, general welfare or good zoning practice
require, amendments to the text of this chapter may be proposed by resolution of the
Board of County Supervisors, or by resolution of the planning commission stating the
public purposes therefor.
2.
Amendments may be proposed using either specific language, or as a narrative,
descriptive request.
3.
When proposed, amendments shall be reviewed, considered and acted upon as set forth in
sections 32-700.40 et seq., of this chapter.
4.
Zoning text amendments that decrease the allowed dwelling unit density of more than 25
parcels of land shall give written notice of such amendments per section 32-700.61.
(Ord. No. 04-78, 12-21-04)
Sec. 32-700.40. - Review of text and map amendments.
Every proposed amendment to the text of this chapter or zoning map shall be reviewed as
provided for in the following sections.
Sec. 32-700.41. - Review by the Planning Office; comment by reviewing agencies.
1.
When an amendment to the text of this chapter has been proposed, and when an
amendment to the zoning map has been initiated, the Planning Director shall cause the
amendment to be expeditiously reviewed by such staff, departments, offices, agencies, or
other personnel as he finds appropriate.
2.
In the case of an application for a zoning map amendment, the review shall include an
examination of the applicant's proffer statement, if any. The Planning Director, or his
designee, may suggest revisions to the proffer statement in order to clarify the proffers
volunteered by the applicant. In addition, before the application is scheduled for a public
13
Attachment 1
Page 14 of 17
hearing before the planning commission, the Planning Director or his designee shall
present to the applicant a summary of the findings of the review in order that the applicant
may make modifications of his application should he desire to do so. No substantial
change shall be made in any proffered condition after the public hearing commences
before the Board of County Supervisors, unless it is readvertised in accordance with the
provisions of this chapter.
3.
Reviewing agencies shall evaluate the application in accordance with the standards
established in the review policy promulgated by the County Executive. A written
summary of their findings and recommendations shall be forwarded to the Planning
Director in accordance with the schedule established for the application.
4.
After the Planning Director shall have presented a summary of the review findings to the
applicant, the application shall be referred to the planning commission for public hearing.
The Planning Director shall not be required to refer such application immediately, but
shall consider the applicant's preference, the planning commission's schedule, and the
appropriate use of County staff.
5.
When referring an application to the planning commission, the Planning Director shall
cause a report to be prepared for the commission's review, and such report shall include a
recommendation on the application.
6.
Amendments to the zoning map not initiated by an application of a property owner, and
amendments to the text of this chapter, shall be referred to the planning commission in a
timely fashion after a report, including recommendation, shall have been prepared by the
Planning Director or his designee.
(Ord. No. 92-59, 6-16-92)
Sec. 32-700.42. - Consideration by the planning commission.
1.
The planning commission shall hold at least one (but may hold more than one) public
hearing on all text and map amendments. The commission may continue a public hearing
until another date; or close a public hearing but continue consideration of the amendment
until another date; or it may make its recommendation following the first public hearing.
In addition, the commission may reopen a closed public hearing to receive additional
public comment, provided notice of such a reopened hearing shall be given in accordance
with the provisions of this chapter. At the first public hearing (and at subsequent hearings
as is necessary) the Planning Director, or his designee, shall present to the commission the
report and recommendation of the Planning Office.
2.
The planning commission shall have 90 days from the date of the first public hearing to
consider an amendment whether to the text, the zoning map, or both. Failure of the
commission to make a recommendation within the 90-day time period shall be deemed a
14
Attachment 1
Page 15 of 17
recommendation of approval. However, if at any time after the date of the first public
hearing an applicant shall make a change in the application, the commission shall have 90
days from the date the change is presented to the Planning Director within which to
consider and make a recommendation on the amendment.
3.
An applicant for a zoning map amendment may request that consideration of (and the
recommendation on) his application be deferred past the 90-day time period established in
subsection 2. above. Such request shall be submitted in writing to the chairman of the
planning commission and the Planning Director before the public hearing, or, if such a
request is made at the public hearing, it shall be reduced to a written request within five
days. Such request, and the commission's resolution of deferral, shall contain a date
certain for holding or resuming the public hearing. The commission shall then have 90
days from the date to which the application was deferred to consider and make a
recommendation on the application, and failure to do so within that time period shall be
deemed a recommendation for approval.
4.
In making its recommendation to the Board of County Supervisors, the commission may
recommend approval or denial of an amendment, or any part thereof as the public
necessity, convenience, general welfare or good zoning practice may require. The
commission may also recommend modifications to an amendment, including, in the case
of a zoning map amendment, a different zoning classification than requested, provided
that if the zoning classification recommended is a more intense, or higher, classification
than that requested, at least one additional public hearing, with notice given in accordance
with the provisions of this chapter, shall be held. The commission may also, in the case of
a zoning map amendment, recommend reducing the area of the proposed amendment; or
may recommend increasing the area of the proposed amendment provided at least one
additional public hearing, with notice given in accordance with the provisions of this
chapter, is held.
(Ord. No. 92-59, 6-16-92; Ord. No. 04-78, 12-21-04)
Sec. 32-700.43. - Consideration by the Board of County Supervisors.
1.
Following the planning commission's recommendation on an amendment, the Board of
County Supervisors shall hold at least one (but may hold more than one) public hearing on
such amendment, with notice given in accordance with the provisions of this chapter. At
such hearing(s) the Planning Director, or his designee, shall present to the Board of
County Supervisors the report and recommendation of the planning commission and the
Planning Office.
2.
The Board of County Supervisors may continue a public hearing until another date; or
close a public hearing but continue consideration of the amendment until another date; or
it may take action following the first public hearing. The Board of County Supervisors
shall have one year from the date a zoning map amendment is initiated to act on the
amendment, unless the applicant requests or consents to action beyond such period. This
15
Attachment 1
Page 16 of 17
time period shall not include any length of time an application for a zoning map
amendment was deferred at the request of the applicant. In addition, whenever an
applicant shall make a change in his application, the one-year time period shall run from
the date the change is received by the Planning Director.
3.
Once notice of a public hearing before the Board of County Supervisors on an amendment
is given in accordance with the provisions of this chapter, the applicant may make a
substantial change in his application only if the application is referred back to the
planning commission for further consideration and recommendation. In such a case, the
process described in section 32-700.42 of this chapter shall apply. The Board of County
Supervisors shall determine whether a change is substantial.
4.
In considering an amendment, the Board of County Supervisors may approve or deny the
amendment, or any part thereof as the public necessity, convenience, general welfare or
good zoning practice may require. In the case of an amendment to the zoning map, the
Board of County Supervisors may approve an amendment to a lesser area than initiated,
and may approve a less intense, or lower, zoning classification than initiated. If the Board
of County Supervisors desires to consider a zoning map amendment for a greater area, or
to a more intense, or higher, zoning classification than initiated, the amendment shall be
referred back to the planning commission for further consideration and recommendation.
In such a case, the process described in section 32-700.42 of this chapter shall apply.
(Ord. No. 92-59, 6-16-92)
Culpeper County
Subdivision
110. - Authority and title.
This Ordinance is authorized pursuant to the provisions of the Code of Virginia 1950 (as
amended), found in Title 15.2, Chapter 22, Article 6, § 15.2-2240 et seq., Land Subdivision
and Development. The Ordinance is known and may be cited as "Subdivision Ordinance of
Culpeper County, Virginia, 1978."
Zoning
22-1. - Procedure.
The governing body may from time to time amend, supplement, change, modify or repeal
the requirements and/or districts herein established on its own motion or on a petition of the
owner(s) or contract owner(s) of the property proposed for a change.
22-1-1 Application to be in writing:
16
Attachment 1
Page 17 of 17
Every application by a property owner for such amendment shall be filed in writing with the
zoning administrator not less than thirty (30) days before a public hearing of the Planning
Commission accompanied by a fee in such amount as is prescribed, from time to time, by
the Board of Supervisors. The Planning Commission shall provide a recommendation to
the governing body no more than sixty (60) days following the commission hearing. The
governing body shall provide for a public hearing for all such changes and amendments at
its monthly meeting.
(Ord. of 3-3-1987)
22-1-2 No reconsideration in less than one year:
No application for any change of zoning of the same lot shall be considered by the governing
body within a period of one year from its last consideration by the governing body. This
provision, however, shall not impair the right of the governing body to propose a change
of zoning on its own motion.
22-1-2(A) Calculating Twelve (12) Month Application Limitation:
The twelve (12) month application time limitation of Virginia Code § 15.2-2286(7) shall be
calculated from the date of filing of the application, excluding any and all tablings, delays,
continuances, deferrals, or similar requests for extensions of time made by the applicant(s)
and granted during the application process.
22-1-2(B) Time Limitation on Filing Application After Withdrawal:
Should an applicant withdraw an application subject to Zoning Article 22 — Amendments,
another application, subject to Zoning Article 22 — Amendments, for the same lot(s) shall
not be filed within six months of the date of withdrawal of the original application, as
amended. This limitation does not apply to the County of Culpeper.
22-1-3 Public hearing by Planning Commission:
The Planning Commission shall hold at least one public hearing on such proposed amendment
after notice as required by law, and shall make appropriate recommendations to the
governing body together with its explanatory materials.
22-1-4 Public hearing by Board of Supervisors:
Before approving and adopting any amendment, the governing body shall hold at least one
public hearing thereon, pursuant to public notice as required by law after which the
governing body may make appropriate changes in the proposed amendment; provided,
however, that no additional land may be zoned to a different classification than was
contained in the public notice without an additional public hearing after notice required by
law. An affirmative vote of at least a majority of the members of the governing body shall
be required to amend the Zoning Ordinance.
(Ord. of 8-3-2004)
17