The Planning Commission reviews and makes recommendations on rezoning and special use permit applications to the Board of Supervisors. The Commission holds public hearings at their first meeting of each month. The deadlines for application submission is typically 6 weeks before the date of the public hearing.
See Planning Commission Meetings & Hearings for application deadlines, annual meeting schedule and public hearing dates. This is required in order for the County to adequately review applications and meet the public notification requirements of Virginia State Code.
A Rezoning is often requested when a property owner wishes to use a piece of property for a land use not permitted in the existing zoning district. An application for a rezoning can be initiated by the Board of Supervisors, the Planning Commission, or any other party with the written consent of the actual owner of the property.
All proposed amendments to the zoning ordinance and zoning maps are referred by the Board of Supervisors to the Commission for study and recommendation. The Commission studies each proposal to determine:
1. The need and justification for the change and how the proposed change relates to the zoning district purpose.
2. The effect of the zoning change, if any, on the property, surrounding property, and on public services and facilities.
3. The relationship of the proposed zoning amendment to the purposes of the general planning program of the County, including the guidelines of the Community Plan.
A Conditional rezoning is an instance where the owner of the property voluntarily proffers in writing reasonable conditions in addition to the applicable regulations for the requested zoning district. A property owner may wish to proffer conditions in order to make his project more compatible with the adjacent properties, zoning district and goals of the Community Plan. The result may be a project that is more feasible and more acceptable to the Planning Commission and Board of Supervisors. While the proffered conditions should be submitted prior to the review of the proposal by the Planning Commission, they MUST be submitted prior to consideration by the Board of Supervisors. While the Planning Commission and Board of Supervisors are under no obligation to accept any or all of the proffered conditions, the conditions do represent an earnest effort by the owner to make his or her project work. It is important to note that the property owner, not the applicant, must sign these proffered conditions. If the applicant is not the property owner, he or she must obtain the approval and signature of the property owner.
Along with the uses allowable by-right in each zoning district are uses that are allowed only by SPECIAL USE PERMIT. These uses may, depending on their scale, design and location be compatible with other uses within that zoning district. Special Use Permits are generally subject to certain standards to insure that the use is appropriate to the area. The special use permit process includes a hearing and recommendation by the Planning Commission and a hearing and decision by the Board of Supervisors. The Planning Commission may recommend and the Board of Supervisors may approve additional conditions to make the proposed land use more compatible.
State Code requires that all rezoning and special use permit applications proceed through a series of public hearings that are advertised. Additionally, adjacent property owners are notified by mail of the date, time and location of these hearings.
To accommodate the legal requirements ample time must be given between the submission of the application and the public hearings. See Planning Commission Meetings & Hearings for application deadlines, annual meeting schedule and public hearing dates.
A typical rezoning or special use permit application takes approximately two months from submission of the application to the final decision of the Board of Supervisors. Below is a summary of application requirements. Planning Division staff are available to assist citizens with this process. Please call (540) 772-2068.
The property owner or contract purchaser sets up a meeting with a staff member of the Division. At this meeting, the staff member can explain what is required in the application, explain further the process, and answer any questions the petitioner may have.
After the initial meeting, the petitioner submits the rezoning/special use permit application. The application must be completed and signed by the property owner, contract purchaser or owner's agent. Additionally, the following items must be submitted with the application:
- A concept plan for the proposed project and the concept plan checklist;
- Metes and bounds (legal) description of the property;
- Water and sewer application and planimetric maps when applicable;
- List of adjoining property owners, including the owners' names and addresses (mailing address including zip code) and tax map numbers of all adjoining properties and those directly across any public right-of-way must accompany the application, including those in other jurisdictions;
- Application fee;
- Any conditions the owner wishes to proffer, if applicable.
Between the time of the submission of the application and the public hearing with the Planning Commission, the petitioner is required to post notices on his or her property regarding date, time and location of the hearing. The staff member working with the applicant will provide the signs at the time the application is submitted. Additionally, the staff member will be preparing a report for the Commission, mailing notices of the hearing to the adjacent property owners, and submitting a legal ad in a newspaper of general circulation, as required by State code. The petitioner will be billed for the cost of the legal ads.
At the evening of the public hearing with the Planning Commission, either the petitioner or his or her representative are expected to give a brief presentation to the Commission and answer any questions the Commissioners have. It also gives the petitioner an opportunity to address any concerns expressed by the Commission, staff and citizens present, and propose possible solutions to perceived problems. Many times these solutions are in the form of voluntary proffers, that must be signed by the current property owner. The Commission usually makes their recommendation to the Board the evening of this public hearing, but has 90 days by law to make its recommendation.
Between the public hearing with the Planning Commission and the Board of Supervisors, notices are again posted in the newspaper. Additionally, the petitioner has an opportunity to volunteer any additional proffers which he or she feels may make the project more compatible with adjacent uses and zoning.
The Board of Supervisors will hold a public hearing. The Board usually votes on whether to approve or deny the application at the public hearing, but does have up to 12 months to make a final decision. If the project is approved, the petitioner must now submit a development plan. If the project is denied, the petitioner may appeal the decision to the Circuit Court within 30 days.
To download a rezoning/special use permit application, please download the Rezoning Application.