Site plans are reviewed through either the Minor Site Plan (Sec. 19.2-57) or Major Site Plan (Sec. 19.2-58) review process.

1. A.
   Applicability. This Article describes the procedural elements common to all applications, including submittal requirements and fees.
2. B.
   Outstanding Charges. Prior to the initiation of an application by the owner of the subject property, the owner’s agent, or any entity in which the owner holds an ownership interest greater than 50%, for a special exception, conditional use, use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval the applicant shall produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, have been paid, unless otherwise authorized by the County Treasurer.
3. C.
   Preliminary Meetings. This process provides an opportunity for a free informal and non-binding evaluation of a proposal ahead of a formal application submission. A pre-application meeting is encouraged for any process to aid the potential applicant in identifying potential issues and concerns.

   1. 1.
      Pre-application for zoning approval processes
   2. 2.
      Pre-submittal inquiry meeting for site plan processes 
4. D.
   Applications. Applications shall be submitted through the Planning Department’s web page and/or on forms prescribed by the Director of Planning. Applications shall be accompanied by materials and information as necessary to comprehensively review the request as may be determined by the Director of Planning. The Director of Planning may waive any application requirement, other than filing fees, when deemed to be unnecessary to evaluate the application. Applications shall not be deemed complete until all submittal requirements have been met and any required fees have been paid.

   1. 1.
      Zoning Applications Pending at Effective Date of this Chapter. Any application for zoning approval pending under Chapter 19.1 that has not been acted on by the Board of Supervisors as of January 1, 2026 shall, at the option of the applicant, be converted by the applicant to a 19.2 application, or, notwithstanding Sec. 19.2-86 (Repeal of Prior Ordinances), may continue to be processed under 19.1. Any such converted application must conform to the requirements of Chapter 19.2, but there shall not be an additional fee unless additional acreage is added to the application.  If the Chapter 19.1 application has been acted on by the Planning Commission prior to January 1, 2026 but not acted on by the Board of Supervisors, the application will be heard by the Board of Supervisors under Chapter 19.1 unless the applicant decides to convert the application to Chapter 19.2, in which case a new public hearing before the Planning Commission on the converted Chapter 19.2 application is necessary.  All pending applications under Chapter 19.1 shall be converted by the applicant to an application under Chapter 19.2  within 180 days of January 1, 2026 or, after an additional 60 day period and notice from the Planning Department, the application shall be deemed to have been withdrawn and no further action shall be taken on the application. For zoning cases processed under Chapter 19.1 after September 17, 2026 staff shall provide to the Planning Commission and the Board of Supervisors staff's recommendation as to what 19.2 zoning classification the property would convert to as of January 1, 2026 and such recommendation shall become part of the action taken by the Board of Supervisors for each such zoning case approved by the Board of Supervisors unless the Board of Supervisors indicates otherwise.
   2. 2.
      Site Plan Applications Pending at Effective Date of this Chapter. Notwithstanding any other provision of this Chapter, any complete site plan application under Chapter 19.1 submitted prior to January 1, 2026 may continue to be reviewed and approved under the development standards of Chapter 19.1 until January 1, 2027, notwithstanding Sec. 19.2-85 (Repeal of Prior Ordinances). Uses shall be governed by Chapter 19.2.  Any such application may, at the option of the applicant, be converted by the applicant to a Chapter 19.2 application.  Any converted application must conform to the requirements of Chapter 19.2, but there shall not be an additional fee unless additional acreage is added to the application.
   3. 3.
      Concept Plans. Submittal of a concept plan for all zoning applications is recommended; however, a concept plan shall be required for any zoning approval that contains a mix of residential and non-residential uses, a mix of unit types, or a mix of lot sizes.  In addition, all requests for a Conditional Use Planned Development (CUPD) shall require a concept plan. Concept plans assist staff, the Commission, and the Board in evaluating and reviewing an application.
5. E.
    Application Disclosure.

   1. 1.
      Generally. Except as provided in Subsection 2, an applicant seeking rezoning, conditional use, substantial accord, conditional use planned development, special exception, variance, administrative modification, or an appeal to the Board of Zoning Appeals relative to the decision of the Director of Planning shall furnish the information in Subsection E.3 below.
   2. 2.
      Exemptions. An application initiated by the Board of Supervisors or Planning Commission may be filed without providing the disclosures in Subsection 3, if the Board or Commission finds that the disclosure requirement should be waived.
   3. 3.
      Contents. The applicant shall include the following information with the form, and update the information prior to each public hearing if a change occurs:

      1. a.
         The names and addresses of all persons owning any legal or equitable interest in the real property which is the subject of the application as a title owner, lessee, easement owner, contract purchaser, assignee, optionee, licensee or note holder, including trustees, beneficiaries of trusts, general partners, limited partners and all other natural or artificial persons owning any such interest; however, the names and addresses of governmental entities and public service companies owning recorded easements over the subject property need not be disclosed.
      2. b.
         If any of the persons disclosed is a corporation, then the application shall also list the names and addresses of any shareholders who own 10% or more of any class of stock issued by such corporation and, if such corporation has 10 or fewer shareholders, a list of the names and addresses of all the shareholders. If any of the persons disclosed is a partnership, joint venture, trust or artificial person other than a corporation, then the application shall also list the names and addresses any such persons having any interest therein equal to 10% or more of the total of all such interests and, if 10 or fewer persons own all such interests, a list of the names and addresses of all such persons. For any corporation, partnership, joint venture, trust or other artificial person whose owners are unknown to the applicant and whose identities cannot be ascertained by the exercise of due diligence, and for any corporation that has more than 100 shareholders or whose stock is regularly traded on a stock exchange or in the over-the-counter market, the applicant may so certify in lieu of providing a list of its stockholders or other persons having an interest therein; and
      3. c.
         If any of the persons disclosed is a corporation, partnership, joint venture, trust or other artificial person, the application shall be sworn under oath before a notary public or other official before whom oaths may be taken, stating whether any member of the Planning Commission or Board of Supervisors or of any of their immediate households owns any interest in the real property which is the subject of the application as a title owner, easement owner, contract purchaser, lessee, assignee, optionee or licensee, either individually or by ownership of an interest in a corporation, trust, partnership, joint venture or other entity owning any such interest. If any member of the Planning Commission or Board of Supervisors or any of their immediate households owns any such interest, the application shall identify each such Commissioner, Supervisor or household member and describe the nature and extent of their ownership interest. Otherwise, no further disclosure of the ownership of the real property which is the subject of the application is required.
6. F.
   Staff Review. The Director of Planning will review the application for completeness and compliance with this Chapter, other development regulations, and administrative requirements prior to forwarding the application to other reviewing agencies or officials. If deemed incomplete or not in compliance, the application shall not be accepted for processing, and the Director shall notify the applicant of any deficiencies.
7. G.
   Withdrawal of Application. An applicant may withdraw any application, without prejudice, at any time as provided by law. After it is withdrawn, the County shall not take further action on the application. To re-initiate review, the applicant shall submit a new application and fee.

8. H.
   Summary of Review Procedures. Table 19.2-47.1 summarizes the major procedures for review of applications for land use and development activity. Not all procedures addressed in this Chapter are summarized in this table; see the subsequent Sections of this Chapter for additional details on each procedure. Figures 19.2-47.1-5 show a general overview of the process for the following procedures: rezonings, conditional uses, and zoning deviations; variances and special exceptions reviewed by the Board of Zoning Appeals; administrative review of minor site plans; administrative review of major site plans; and, administrative variances.

Figure 19.2-47.1 General Overview of Process for Rezoning, Conditional Use, and Zoning Deviation

Figure 19.2-47.1 General Overview of Process for Rezoning, Conditional Use, and Zoning Deviation

Figure 19.2-47.1 General Overview of Process for Rezoning, Conditional Use, and Zoning Deviation

Figure 19.2-47.1 General Overview of Process for Rezoning, Conditional Use, and Zoning Deviation

Figure 19.2-47.2 General Overview of Process for Board of Zoning Appeals Review of Variances and Special Exceptions

Figure 19.2-47.2 General Overview of Process for Board of Zoning Appeals Review of Variances and Special Exceptions

Figure 19.2-47.2 General Overview of Process for Board of Zoning Appeals Review of Variances and Special Exceptions

Figure 19.2-47.2 General Overview of Process for Board of Zoning Appeals Review of Variances and Special Exceptions

Figure 19.2-47.3 General Overview of Process for Administrative Review of Minor Site Plans

Figure 19.2-47.3 General Overview of Process for Administrative Review of Minor Site Plans

Figure 19.2-47.3 General Overview of Process for Administrative Review of Minor Site Plans

Figure 19.2-47.3 General Overview of Process for Administrative Review of Minor Site Plans

Figure 19.2-47.4 General Overview of Process for Administrative Review of Major Site Plans

Figure 19.2-47.4 General Overview of Process for Administrative Review of Major Site Plans

Figure 19.2-47.4 General Overview of Process for Administrative Review of Major Site Plans

Figure 19.2-47.4 General Overview of Process for Administrative Review of Major Site Plans

Figure 19.2-47.5 General Overview of Process for Administrative Variance

Figure 19.2-47.5 General Overview of Process for Administrative Variance

Figure 19.2-47.5 General Overview of Process for Administrative Variance

Figure 19.2-47.5 General Overview of Process for Administrative Variance

(ZO-2025-002, Relative to Auto Sales, Required Utility Connections, and Site Plans, adopted 12/17/2025, effective 01/01/2026) 

1. A.
   Notice Generally and Contents of Notice

   1. 1.
      Unless otherwise stated in this Chapter, the Planning Department shall prepare a notice for each zoning approval, appeal of the Director of Planning's decision, interpretation of a zoning district map, historic district or designation of historic district or landmark sites, Comprehensive Plan amendment, ordinance amendment, schematic plan, or site plan. The notice for the proposal shall identify the place or places within the locality where copies of the proposal may be examined. No land may be zoned to a more intensive use classification than was contained in the proposal made available for examination. Such notices shall specify the time and place of any hearing at which persons affected may appear and present their views.
   2. 2.
      Zoning Approvals. For all applications for zoning approvals, the notice shall include the land use and density, if any, recommended in the Comprehensive Plan. For any application that includes a residential land use, the notice shall include the proposed density and/or maximum number of dwelling units.
   3. 3.
      Administrative Modifications. For administrative modifications, the notice shall also state that the Director of Planning will approve or disapprove the application no sooner than 21 days after the postmarked date of the notice and advise the recipient of the opportunity to respond in writing to the application within 21 days of the date of the notice. 
2. B.
   Newspaper. Notice of hearing for the following proposals shall be advertised twice in a newspaper published, or having general circulation, in the County, with the first notice appearing no more than 28 days before and the second notice appearing no less than five days before the date of the meeting referenced in the notice:

   1. 1.
      Zoning approval or zoning district map amendment;

      1. a.
         For any proposed amendment of the zoning ordinance involving a change in zoning map classification of 250 or fewer lots of land, the newspaper advertisement shall include the street address or tax map parcel number of the lots, the approximate acreage subject to the action, and a link to a map of the subject area.
      2. b.
         For any proposed amendment of the zoning ordinance involving a change in zoning map classification of more than 250 lots of land, the newspaper advertisement shall include the approximate acreage subject to the action, a description of the boundaries of the area subject to the changes, and a link to a map of the subject area.
   2. 2.
      Ordinance or amendment thereto;

      1. a.
         For any proposed amendment of the zoning ordinance that decreases the allowed density for any lot of land, the newspaper advertisement shall include the street address or tax map parcel number of the lot or lots, the approximate acreage subject to the action, and a link to a map of the subject area.
   3. 3.
      Appeal of a decision of the Director of Planning to the Board of Zoning Appeals;
   4. 4.
      Interpretation of the zoning map by the Board of Zoning Appeals;
   5. 5.
      Comprehensive Plan Amendment; and
   6. 6.
      A historic district or designation of landmark or landmark site.
3. D.
   Posting of Property. The Planning Department shall post a notice of the application on the land or building involved for each application of zoning approval, appeal of the Director of Planning's decision, schematic plan, or site plan. The notice shall be posted at reasonable intervals along roads abutting the area subject to the application, or, if there is no abutting road, at the proposed road or entrance into the area subject to the application, in locations reasonably visible from existing roads. The holding of a public hearing or the validity of action on an application shall not be affected by the unauthorized removal of a notice which has been posted in accordance with this Section. Postings shall meet the following deadlines:

   1. 1.
      Site Plans. Posting shall occur at least 10 days prior to the approval or disapproval of an administrative site plan; and
   2. 2.
      Administrative Variances. Posting shall occur at least 14 days prior to the approval or disapproval of an administrative variance.  
   3. 3.
      All Other Applications. For all other application types listed in Subsection C, posting shall occur at least 21 days before the date of the first hearing. 
4. E.
   Mailed Notice.

   1. 1.
      Notice Recipients. For properties located within the County,  the Planning Department will obtain the names and addresses of property owners from the Department of Real Estate Assessments. For property outside the County, the applicant shall provide the Planning Department with the names and addresses of those property owners which shall be obtained from the real estate assessor’s office of the applicable locality.

      1. a.
         Zoning Approval, Appeal of the Decision of the Director of Planning, Historic District or Landmark Designation, Schematic Plan, or Site Plan Applications. The Planning Department shall provide written notification of these applications to the following:

         1. i.
            The owner of the subject property;
         2. ii.
            Except for zoning approvals involving a change in zoning map classification of more than 250 lots, persons owning any adjacent property, including property across any road, railroad right-of-way, or body of water;
         3. iii.
            If the subject property is located at, or within 100 feet of, the intersection of any two or more roads or within 100 feet of the intersection of the right-of-way of any two railroads, the owners of property situated at all corners of the intersection;
         4. iv.
            If the subject property is located within 0.5 miles of the boundary of an adjoining locality, that locality’s Chief Administrative Officer or designee;
         5. v.
            If the subject property is located within 3,000 feet of the boundary of a military base, installation, airport, excluding armories operated by the Virginia National Guard, the commander of the applicable military operation; and
         6. vi.
            If the subject property is located within 3,000 feet of the boundary of a public use airport, the owner of the airport.
      2. b.
         Amendment to Condition of Zoning, Conditional Use, or Conditional Use Planned Development. In addition to those persons outlined in 1.a., the Planning Department shall notify in writing all owners whose property was subject to the original zoning or condition if that property is located within 1,500 feet of the subject property.
      3. c.
         Open Space. In addition to those persons outlined in 1.a. and 1.b., if the property subject to a zoning approval is located within a development containing open space, the Planning Department shall notify in writing any incorporated property owner’s association within the development.
      4. d.
         Zoning Ordinance Text Amendments Decreasing Allowable Density. Except for the owners of subdivision lots having less than 11,500 square feet, the Planning Department shall notify in writing the owners of property which may be impacted by a zoning ordinance text amendment that would decrease the allowable dwelling unit density on their lot.
      5. e.
         Zoning Approval for a Communications Tower. In addition to those persons outlined in 1.a., 1.b., and 1.c., the Planning Department shall notify in writing all owners of property within 1,500 feet of the subject property.
      6. f.
         Comprehensive Plan Amendments. The Planning Department shall provide written notice of a proposed Comprehensive Plan amendment to the following:

         1. i.
            If the proposed amendment impacts property within 0.5 miles of the boundary of an adjacent locality, that locality’s chief administrative officer or designee;
         2. ii.
            If the subject property is within 3,000 feet of the boundary of a military base, installation, airport, excluding armories operated by the Virginia National Guard, the commander of the applicable military operation; and
         3. iii.
            If the subject property is within 3,000 feet of the boundary of a public use airport, the owner of the airport; and,
         4. iv.
            If the proposed amendment designates or alters previously designated corridors or routes for electric transmission lines of 150 kilovolts or more, each electric utility with a certificated service territory that includes all or any part of such designated electric transmission corridors or routes.
   2. 2.
      Notice Deadline.

      19.2-48.1 Mailed Notice Deadlines for Adjacent Property Owners
      Type of Application	Deadline (min., postmark date)
      Applications requiring notice to commanders of military operations or owners of public use airports.	30 days before any public hearing
      Applications requiring notice to an electric utility or an adjacent locality’s chief administrative officer or designee	10 days before any public hearing
      Site plan notices	10 days prior to approval or disapproval of the plan
      Schematic plan notices	21 days before any public hearing
      Administrative Modifications	21 days prior to approval or disapproval of the variance
      Zoning approvals and all other required notices	Five business days before any public hearing

      19.2-48.1 Mailed Notice Deadlines for Adjacent Property Owners
      Type of Application	Deadline (min., postmark date)
      Applications requiring notice to commanders of military operations or owners of public use airports.	30 days before any public hearing
      Applications requiring notice to an electric utility or an adjacent locality’s chief administrative officer or designee	10 days before any public hearing
      Site plan notices	10 days prior to approval or disapproval of the plan
      Schematic plan notices	21 days before any public hearing
      Administrative Modifications	21 days prior to approval or disapproval of the variance
      Zoning approvals and all other required notices	Five business days before any public hearing

      19.2-48.1 Mailed Notice Deadlines for Adjacent Property Owners
      Type of Application	Deadline (min., postmark date)
      Applications requiring notice to commanders of military operations or owners of public use airports.	30 days before any public hearing
      Applications requiring notice to an electric utility or an adjacent locality’s chief administrative officer or designee	10 days before any public hearing
      Site plan notices	10 days prior to approval or disapproval of the plan
      Schematic plan notices	21 days before any public hearing
      Administrative Modifications	21 days prior to approval or disapproval of the variance
      Zoning approvals and all other required notices	Five business days before any public hearing

      19.2-48.1 Mailed Notice Deadlines for Adjacent Property Owners
      Type of Application	Deadline (min., postmark date)
      Applications requiring notice to commanders of military operations or owners of public use airports.	30 days before any public hearing
      Applications requiring notice to an electric utility or an adjacent locality’s chief administrative officer or designee	10 days before any public hearing
      Site plan notices	10 days prior to approval or disapproval of the plan
      Schematic plan notices	21 days before any public hearing
      Administrative Modifications	21 days prior to approval or disapproval of the variance
      Zoning approvals and all other required notices	Five business days before any public hearing

   3. 3.
      Notice Mailing. The required notice shall be sent by registered, certified, or first-class mail. The Planning Department shall make an affidavit that the mailings were made and file the affidavit with the papers of the case. If a public hearing is continued or deferred to a date that was not previously advertised, notice shall be remailed. If a public hearing is continued, deferred to a date that was previously advertised, or closed with the decision deferred to a later date, remailing the notice is not required.
   4. 4.
      Waiver of Notice. A person waives the right to challenge the validity of proceedings for which written notice is required if they do not receive the required notice, but have actual notice of, or actively participate in, the proceedings.

1. A.
   Required Fees. The applicant shall submit the fees shown in Table 19.2-49.1 with the specified application or request. However, fees for a single application shall not exceed $75,000.
2. B.
   Waived Fees. Fees are waived for any County department or agency.  The Board of Supervisors or Planning Commission shall have the authority to waive any fees for Board or Commission initiated cases.
3. C.
   Prorating. Acreage fees are prorated on any portion in excess of each whole acre.
4. D.
   Refunds. Refunds will be granted only under the following circumstances:

   1. 1.
      If the withdrawal request is made within 10 calendar days of the receipt of the application, 100% of the fee will be refunded to the applicant. This 10 day count will be stopped if the applicant advises the Director of Planning in writing that the request is not to be processed for a specific period of time. The 10 day count will be continued upon the expiration of the requested time period.
   2. 2.
      If the application is withdrawn because it is determined that Planning Staff incorrectly advised the applicant to file the request, 100% of the fee will be refunded, regardless of the length of time between the filing and the application and withdrawal dates. 

Purpose: This Section establishes a process to change this Chapter.

1. A.
   Applicability.  This Section applies to any action by the Board of Supervisors to: 

   1. 1.
      Amend, supplement, change or repeal this Chapter's provisions, or
   2. 2.
      Apply or revise the Zoning Map on an areawide basis (as opposed to an application by a property owner).
2. B.
   Initiation. The County may amend this Chapter whenever required by public necessity, convenience, general welfare, or good zoning practice. A text amendment may be initiated by:

   1. 1.
      Resolution of the Board of Supervisors, or
   2. 2.
      Motion of the Planning Commission.
3. C.
   Decision. The Board of Supervisors shall adopt a text amendment, as follows:

   1. 1.

      Planning Commission Recommendation.

      1. a.
         The Planning Commission shall conduct at least one public hearing and may make appropriate changes to the proposed ordinance or amendment
      2. b.
         Upon the completion of its work, the Planning Commission shall provide a recommendation to the Board of Supervisors regarding the amendment, including appropriate explanatory materials.
      3. c.
         The Commission shall report a recommendation to the Board within 100 days from the date of its first public hearing on the text amendment unless the applicant requests or consents to action beyond that time or withdraws the application. The Board of Supervisors may shorten this review period after conducting a public hearing pursuant to Code of Virginia § 15.2-2285.B. Failure of the Commission to render a report within this time period is deemed a recommendation of approval.
   2. 2.
      Board of Supervisors Decision.

      1. a.
         The Board of Supervisors shall conduct at least one public hearing and may make appropriate changes or corrections in the proposed amendment.
      2. b.
         Zoning ordinances are enacted in the same manner as all other ordinances. 

[Reference: Code of Virginia §§ 15.2-2285 and 15.2-2286]

Purpose: This Section establishes a process to change the zoning designation of a property.

1. A.
   Applicability.

   1. 1.
      Generally. This Section applies to any action by the Board of Supervisors to amend the Zoning Map. This Section establishes the workflow for any rezoning.
   2. 2.
      Proffers. While this Chapter provides for the orderly development of land through zoning and development standards, traditional zoning methods and procedures may not be adequate to address competing and incompatible uses. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses. Conditional or proffered zoning allows the applicant to voluntarily offer or proffer conditions. See Sec. 19.2-51-1 regarding the use of proffers for adjustments to ordinance requirements.
2. B.
   Initiation.  A rezoning may be initiated by:

   1. 1.
      Resolution of the Board of Supervisors;
   2. 2.
      Motion of the Planning Commission; or
   3. 3.
      Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject of the proposed rezoning.  
3. C.
   Decision. The Board of Supervisors shall adopt a rezoning by ordinance, as follows:

   1. 1.
      Planning Commission. The Planning Commission shall conduct at least one public hearing and report a recommendation to the Board of Supervisors within 100 days from the date of the first public hearing on the proposal unless the applicant requests or consents to a deferral of action beyond that time or withdraws the application. The Board of Supervisors may shorten this review period after conducting a public hearing pursuant to the Code of Virginia § 15.2-2285.B. Failure of the Commission to render a report within the time period shall be deemed to be a recommendation of approval on the proposal.
   2. 2.
      Board of Supervisors. The Board of Supervisors shall render a decision upon the proposal within 12 months after the date of the Board’s first public hearing on the proposal unless the applicant requests or consents to a deferral of action beyond that time or withdraws the application.
4. D.
   Waiting Period for Denials. An application for a rezoning shall not be accepted for review within 12 months of the date of the denial of the same or a substantially similar request.
5. E.
   Appeals. Any person aggrieved by the decision of the Board of Supervisors relative to a rezoning may file an appeal in accordance with the provisions of the Code of Virginia. 
6. F.
   Dedication of Real Property or Cash Payment.

   1. 1.
      If proffered conditions require dedication of real property, such property shall be reviewed and accepted by the County prior to site plan or construction plan approval unless otherwise stated in the zoning case or as determined at time of plan review.
   2. 2.
      If proffered conditions require a cash payment, such payment shall be made prior to the issuance of certificate of occupancy for each unit. 

Purpose: This Section establishes a process to review uses which may be approved by the governing body, and where such approval is subject to imposed conditions.

1. A.
   Applicability. Certain uses, due to their unique characteristics, cannot be permitted by right or with restrictions in a particular district without individual consideration of the impact of those uses on neighboring land and of the public need for the use at a specific location. Conditional uses are of such a nature that their operation requires special treatment to create a satisfactory environment with respect to their impact on neighboring property or public facilities. This includes uses in the Principal Use Matrix (Sec. 19.2-29) and the Accessory Use Matrix (19.2-31) enumerated as C* uses.
2. B.
   Generally. A conditional use is initiated by:

   1. 1.
      Resolution of the Board of Supervisors;
   2. 2.
      Motion of the Planning Commission; or,
   3. 3.
      Petition of the owner, contract purchaser with the owner's written consent, or owner's agent of the property which is the subject of the proposed rezoning. 
3. C.
   Decision.

   1. 1.
      Planning Commission. The Planning Commission shall conduct at least one public hearing and report a recommendation to the Board of Supervisors within 100 days from the date of the first public hearing on the proposal unless the applicant requests or consents to a deferral of action beyond that time or withdraws the application. The Board of Supervisors may shorten this review period after conducting a public hearing pursuant to the Code of Virginia §15.2-2285.B. Failure of the Commission to render a report within the time period shall be deemed to be a recommendation of approval on the proposal.
   2. 2.
      Board of Supervisors. The Board of Supervisors shall render a decision upon the proposal within 12 months after the date of the Board's first public hearing on the proposal unless the applicant requests or consents to a deferral of action beyond that time or withdraws the application.
   3. 3.
      Conditions and Guarantees. In acting upon an application, the Board of Supervisors may impose conditions on the use, operation, establishment, location and construction as necessary to protect the public interest and secure compliance with the approval guidelines. A conditional use may be authorized for either a limited or indefinite time period. In addition, the Board of Supervisors may require a guarantee or bond to ensure that conditions are satisfied. The Board of Supervisors may revoke a conditional use, after notice and a hearing, for failure to adhere to the conditions.
4. D.
   Approval Guidelines. The following guidelines apply to conditional use applications:

   1. 1.
      The establishment, maintenance or operation will not be detrimental to or endanger the public health, safety, convenience, and welfare;
   2. 2.
      General compliance with the Comprehensive Plan;
   3. 3.
      Impacts on neighboring properties shall be considered and mitigating conditions applied;
   4. 4.
      Adequate utilities, roads, drainage or necessary facilities have been or will be provided;
   5. 5.
      Adequate measures have been or will be taken to minimize traffic congestion on roads; and
   6. 6.
      The use in all other respects conforms to the applicable regulations of the zoning district in which it is located.
5. E.
   Waiting Period for Denials. An application for a conditional use shall not be accepted for review within 12 months after the date of denial of the same, or a substantially similar, request.
6. F.
   Appeals. Any person aggrieved by the decision of the Board of Supervisors relative to a conditional use decision may file an appeal in accordance with the provisions of the Code of Virginia.

Purpose: This Section establishes a process to review a development proposal that is outside the scope of this Chapter.

1. A.
   Applicability. An application for a Zoning Deviation (ZD) shall afford the Board of Supervisors the ability to grant relief to the regulations of this Chapter under the following circumstances:

   1. 1.
      Existing Development. Applications for exceptions to this Chapter may be sought to provide relief to developments where the standard or conditional rezoning process, including Adjustments to Ordinance Requirements procedures, would not be sufficient to address the concern. Such exceptions shall not result in additional residential units. Amending of existing Conditional Use Planned Developments (CUPDs) approved prior to January 1, 2026 shall occur under this option as well. 
   2. 2.
      New Development. New applications for a ZD shall meet the following requirements:

      1. a.
         Lot area reductions below minimum requirements of the proposed zoning district shall be allowed provided that land in an amount equivalent to that reduction be provided as additional Amenity Space within that development. 
      2. b.
         If a proposal contains any residential units, a minimum of 10% Amenity Space shall be provided, with 50% of that amount located within Strategic Amenity Space. 
      3. c.
         In granting Use Exceptions the following shall be considered:

         1. i.
            The exceptions are necessary, desirable, and appropriate with respect to the primary purpose of the development; and,
         2. ii.
            The exceptions are not of such nature or located so as to have a detrimental influence on the area. 
      4. d.
         In granting Use Exceptions the following shall be required:

         1. i.
            Use exceptions shall only be granted on a maximum of 30% of the net acreage (project area subtracting wetlands and RPAs) of a total project unless the use is not specifically enumerated in this Chapter. 
      5. e.
         In granting Development Standards exceptions consideration shall be given as to whether the exceptions are solely for the purpose of promoting an integrated plan no less beneficial to the occupants of the development and surrounding area than would be obtained under this Chapter's development regulations. 
      6. f.
         A Conceptual Plan shall be required with the application. 
      7. g.
         The proposal substantially complies with the Comprehensive Plan. 

2. B.
   Initiation. An application for ZD may be filed by the Planning Commission, Board of Supervisors, or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent of the property which is the subject of the proposed development.
3. C.
   Application Review for New Developments. In reviewing an application for ZD for new development, staff, the Planning Commission, and the Board of Supervisors shall consider the following:

   1. 1.
      Requested exceptions are not solely for the purpose of circumventing this Chapter.;
   2. 2.
      A ZD is the only feasible way to accommodate the development proposal; and,
   3. 3.
      The proposal would be a substantial benefit to the surrounding area.
4. D.
    Decision.

   1. 1.
      Planning Commission. The Planning Commission shall report a recommendation to the Board of Supervisors within 100 days from the date of the first public hearing on the proposal unless the applicant requests or consents to a deferral of action beyond that time or withdraws the application. Failure of the Commission to render a report within the time period shall be deemed to be a recommendation of approval on the proposal.
   2. 2.
      Board of Supervisors. The Board of Supervisors shall render a decision upon the proposal within 12 months after the date of the Board's first public hearing on the proposal unless the applicant requests or consents to a deferral of action beyond that time or withdraws the application.

      1. a.
         Imposed Conditions. In acting upon an application, the Board of Supervisors may impose conditions on the use, operation, establishment, location, and construction as necessary to protect the public interest and secure compliance with the approval guidelines.  In addition, the Board may require a guarantee or bond to ensure that conditions are satisfied. The Board may authorize a ZD for either a limited or indefinite period of time.  The Board may revoke a ZD, after notice and a public hearing, for failure to adhere to the conditions.
5. E.
   Waiting Period for Denials. An application for a ZD shall not be accepted for review within 12 months of the date of denial of the same or a substantially similar request.
6. F.
   Appeals. Any person aggrieved by the decision of the Board of Supervisors relative to a ZD may file an appeal in accordance with the provisions of the Code of Virginia. 

Purpose: This Section establishes a process for the Board of Zoning Appeals to process special exceptions, as provided by Code of Virginia §§ 15.2-2309 and 15.2-2310.

1. A.
   Applicability. Certain uses, due to their unique characteristics, cannot be permitted by right or with restrictions in a particular district without individual consideration of the impact of those uses on neighboring land and of the public need for the use at a specific location. Land uses requiring a special exception can be found in Article 3 Uses. Special exceptions are of such a nature that their operation requires special treatment to create a satisfactory environment with respect to their impact on neighboring property or public facilities.
2. B.
   Initiation.  A Special Exception is initiated by application of the owner of the property, contract purchaser with the owner's written consent, or the owner's agent of the property which is the subject of the proposed special exception, contract purchaser, or owner's agent with the owner's written consent.  The application is filed with the Director of Planning in accordance with rules adopted by the Board of Zoning Appeals.
3. C.
   Decision.

   1. 1.
      Generally. The Board of Zoning Appeals shall conduct at least one public hearing and make a decision on the application. 
   2. 2.
      Conditions and Guarantees. If the Board of Zoning Appeals determines that approval of the Special Exception is appropriate, the Board of Zoning Appeals may impose conditions in addition to those required by this Chapter relative to location, design, construction, equipment, maintenance, or operation to avoid any adverse impacts. The Board of Zoning Appeals may also require a guarantee or bond to ensure that the conditions are satisfied. A special exception may be authorized for either a limited or indefinite time period. The Board of Zoning Appeals may revoke a special exception, after notice and a hearing, for failure to adhere to the conditions.
4. D.
   Approval Criteria.

   1. 1.
      Standards. In considering an application for a special exception, the Board of Zoning Appeals shall consider:

      1. a.
         The nature and condition of adjacent uses and structures and the probable effect of the use upon them; and
      2. b.
         The special characteristics, design, location, construction, method of operation, effect on traffic conditions or any other aspects of the use or structure.
   2. 2.
      Findings. The special exception may be granted if the Board of Zoning Appeals finds that the proposal, with or without conditions, will be in substantial accordance with this Chapter and will not:

      1. a.
         Adversely affect the health, safety or welfare of persons residing or working on the premises or in the neighborhood;
      2. b.
         Unreasonably impair an adequate supply of light and air to adjacent property,;
      3. c.
         Increase congestion in the streets;
      4. d.
         Impair the character of the district or adjacent districts;
      5. e.
         Be incompatible with the Comprehensive Plan; or
      6. f.
         Likely reduce or impair the value of buildings or property in surrounding areas.
5. E.
   Waiting Period for Denials.  An application for a special exception shall not be accepted for review within 12 months after the date of denial of the same, or a substantially similar, request.
6. F.
   Appeals.

   1. 1.
      The following may appeal a decision of the Board of Zoning Appeals:

      1. a.
         Any person or persons jointly or severally aggrieved by the decision,
      2. b.
         Any aggrieved taxpayer, or
      3. c.
         Any officer, department, board or bureau of the County.
   2. 2.
      The appellant may file with the Clerk of the Circuit Court a petition specifying the grounds on which they are aggrieved within 30 days after the final decision of the Board of Zoning Appeals, in accordance with the provisions of the Code of Virginia.
   3. 3.
      When the appellant is neither the owner nor the agent of the owner of the property subject to the decision, the planning department shall provide written notice to the property owner at the last known address of the owner as shown by Department of Real Estate Assessments no later than 10 days from service of the writ of certiorari on the secretary of the Board of Zoning Appeals.

The County has established a process to determine whether public facilities are substantially in accord with the Comprehensive Plan, pursuant to Code of Virginia § 15.2-2232, the County Charter, and the County Code. This process is established by a policy adopted by the Board of Supervisors. 

1. A.
   Applicability.  This Section applies to site plans that meet the following conditions:

   1. 1.
      Zoning approval (e.g., a condition of rezoning) does not preclude review through the minor site plan review process;
   2. 2.
      Development is for a building addition or land disturbance of an area between 2,500 and 9,999 square feet;
   3. 3.
      Development is not located adjacent to RC, SR, SN, SU, TR, UR, or AR property, or property occupied by a residence. However, if the adjacent property owners are notified by the applicant by registered mail, return receipt requested, the plan may be processed under the minor site plan process. Copies of the return receipts shall be provided to the Planning Department.  The Planning Department shall not approve the plan any sooner than 15 days after the date that the required notifications were sent;
   4. 4.
      Water and/or wastewater main extensions are not required;
   5. 5.
      Industrial uses have independent water supplies sufficient for fire suppression;
   6. 6.
      Virginia Department of Transportation reviews can be performed by residency office staff;
   7. 7.
      Substantial access changes, road improvements or internal traffic circulation changes are not proposed;
   8. 8.
      Buffers are not impacted or do not require substantial modification;
   9. 9.
      Drainage improvements do not require dedication of easements to the County; and
   10. 10.
       Chesapeake Bay regulations are complied with either by use of an existing BMP or reducing imperviousness.
2. B.
   Initiation. The applicant shall submit a preliminary site plan to the Planning Department to determine eligibility for review under the minor site plan review process. If the site plan does not meet the eligibility requirements, the plan is processed as a major site plan.  If the site plan qualifies for minor site plan review, the plan is processed as provided in this Section.  Unless the preliminary site plan includes the information required for minor site plan review, the applicant shall prepare a major site plan for staff review.
3. C.
   Transmittal to Outside Agencies. If approval of a feature of a site plan by a state agency or public authority authorized by state law is necessary, the Planning Department shall forward the site plan to the appropriate state agency or agencies within the time required by the Code of Virginia. 
4. D.
   Decision.

   1. 1.
      Minor Site Plan Review. A plan meeting the eligibility requirements shall be forwarded by the Planning Department to other departments, as necessary, for review. The Planning Department shall include in its review all applicable requirements of this Chapter and any conditions of a rezoning, CUPD, conditional use, special exception, or subdivision plat that apply to the applicable property.
   2. 2.
      Final Decision. After completing staff review, the Planning Department shall notify the applicant of its decision to approve or deny the minor site plan. For denials, the applicant shall revise the plan that incorporates any required conditions or changes, and the Planning Department will approve the minor site plan if it complies with the required changes.  
   3. 3.
      Review Time. The plan must be acted upon within the time required by the Code of Virginia.
5. E.

   Appeals.

   1. 1.
      Untimely Action. If the Planning Department fails to act within the allowable time period, the applicant, after 10 days written notice to the Director of Planning, may petition the Circuit Court for a decision.
   2. 2.
      Disapproval of Plan.  An applicant who disagrees with the Planning Department's final decision may file a written appeal with the Circuit Court within 60 days of that decision.
6. F.
   Post Approval. 

    

   1. 1.
      ​​​Generally. After the site plan is approved, the applicant may apply for land-disturbance permits, building permits, or certificates of occupancy subject to the terms and conditions of the approved  site plan, as follows:

      1. a.
         Land Disturbance. No clearing or grading is allowed without approval of a grading plan and erosion and sediment control plan by the Planning and Environmental Engineering Departments. Other improvements may begin following site plan approval and issuance of building permits, as applicable.
      2. b.
         Building Permit. A building permit shall not be issued for any building or improvement which requires a site plan prior to approval of a site plan.
      3. c.
         Improvements. Any construction, erection of a building or structure, or alteration of any building or structure, development, change or improvement land shall conform to the approved site plan. Deviation from an approved site plan without the written approval of the Planning Department voids the plan and requires the submission of a new site plan for approval.
7. G.
   Expiration.

   1. 1.
      Generally. An approved site plan becomes null and void if no significant work is done and no development occurs within five years of the date of the final approval.
   2. 2.
      Extension. If the applicant requests an extension before the approved site plan expires, the Planning Department may grant extensions for additional periods it determines reasonable, taking into consideration the size and phasing of the development and the laws, ordinances, and regulations in effect at the time of the extension request.
   3. 3.
      Appeal. If an extension request is denied, the applicant may file a written appeal with the Circuit Court within 60 days of the date of the denial.
8. H.
   Tracking.  The applicant shall maintain one copy of the final site plan on the development site, and the Planning Department shall maintain one copy in its files.
9. I.
   Adjustments to Approved Minor Site Plan. Except as provided below, minor adjustments to an approved site plan may be approved administratively by the Planning Department, with the concurrence of affected reviewing departments, provided the adjustment complies with this Chapter, the intent of the original approving body, and the general purpose of the Comprehensive Plan.

   Changes that were involved in an appeal or part of an agreement with adjacent property owners shall not be eligible for administrative adjustment; instead, they shall be reviewed through the same process under which original approval occurred.

1. A.

   Applicability. This Section applies to site plans that are not eligible for minor site plan review, and to schematic plans.

   1. 1.
      Generally.  The following developments require major site plan approval when a building permit is required or when the improvement involves a land area 10,000 square feet or more:

      1. a.
         Nonresidential, including, but not limited to, office, business, industrial, church, school, hospital, nursing home, institutional, public, park and playground; or
      2. b.
         Residential multifamily;
      3. c.
         Manufactured home park; or
      4. d.
         Other common lot residential development.
   2. 2.
      Zoning Conditions.  A condition of a rezoning, conditional use, or special exception may require major site plan review. 

2. B.
   Transmittal to Outside Agencies. If approval of a feature of a site plan by a state agency or public authority authorized by state law is necessary, the Planning Department shall forward the site plan to the appropriate state agency or agencies within the time required by the Code of Virginia. 
3. C.
   Decision. 

   1. 1.

      Initial Review. Site plans shall be forwarded by the Planning Department to other departments, as necessary, for review. The Planning Department shall include in its review all applicable requirements of this Chapter and any conditions of a rezoning, CUPD, special exception, or subdivision plat that apply to the applicable property. After staff review is completed, the Director of Planning shall approve or deny the site plan. The plan must be acted upon within the time required by the Code of Virginia.

   2. 2.
      Decision. The Planning Department will notify the applicant of its decision, giving specific reasons in accordance with the reviewing Department's recommendations. 
4. D.

   Appeals.

   1. 1.
      Untimely Action. If the Planning Department fails to act within the allowable time period, the applicant, after 10 days written notice to the Director of Planning, may petition the Circuit Court for a decision.
   2. 2.
      Disapproval of Plan.  An applicant who disagrees with the Planning Department's final decision may file a written appeal with the Circuit Court within 60 days of that decision.  
5. E.
   Post Approval.

   1. 1.

      Generally. After the site plan is approved, the applicant may apply for land-disturbance permits, building permits, or certificates of occupancy subject to the terms and conditions of the approved site plan, as follows:

      1. a.
         Improvements. Any construction, erection of a building or structure, or alteration of any building or structure, development, change or improvement land shall conform to the approved site plan. Deviation from an approved site plan without the written approval of the Planning Department voids the plan and requires the submission of a new site plan for approval.
      2. b.
         Building Permit. A building permit shall not be issued for any building or improvement which requires a site plan prior to approval of a site plan.
      3. c.
         Land Disturbance. No clearing or grading is allowed without approval of a grading plan and erosion and sediment control plan by the Planning and Environmental Engineering Departments. Other improvements may begin following site plan approval and issuance of building permits, as applicable.
   2. 2.
      Expiration.

      1. a.
         Generally. An approved site plan becomes null and void if no significant work is done and no development occurs within five years of the date of the final approval.
      2. b.
         Extension. If the applicant requests an extension before the approved site plan expires, the planning department may grant extensions for additional periods it determines reasonable, taking into consideration the size and phasing of the development and the laws, ordinances, and regulations in effect at the time of the extension request.
      3. c.
         Appeal. If an extension request is denied, the applicant may file a written appeal with the Circuit Court within 60 days of the date of the denial.
6. F.
   Tracking.  The applicant shall maintain one copy of the approved site plan on the development site, and the Planning Department shall maintain one copy (digital or paper) in its files.
7. G.
   Adjustments to Approved Major Site Plan. Except as provided below, minor adjustments to an approved site plan may be approved administratively by the Planning Department, with the concurrence of affected reviewing departments, provided the adjustment complies with this Chapter, the intent of the original approving body, and the general purpose of the Comprehensive Plan.

   Changes that were involved in an appeal or part of an agreement with adjacent property owners shall not be eligible for administrative adjustment; instead, they shall be reviewed through the same process under which original approval occurred.

Purpose. Prior to the adoption of Chapter 19.2, the use of schematic plans was often a condition of approval for a zoning case where a mix of uses was permitted and a concept plan was not provided at time of zoning.  

1. A.
   Applicability. If a schematic plan was required, the schematic plan shall be approved before site plan or subdivision plat approval. Any substantial modification of the previously approved schematic plan must be reviewed and approved by the Planning Commission. This process also allows for Planning Commission review and approval of a minor modification, as determined by the Director of Planning, to a conceptual plan approved as part of a zoning approval.
2. B.
   Generally. Unless a concept plan or similar plan is approved at the time of zoning approval, a schematic plan is required for any project containing a mixture of residential and nonresidential uses.
3. C.
   Contents. Schematic plans shall include information deemed necessary by the Planning Department to ensure compliance with zoning conditions, this Chapter, and other code requirements relevant to development.  That information includes:

   1. 1.
      Horizontal layout of the project based on a metes and bounds survey;
   2. 2.
      General list of uses;
   3. 3.
      Density;
   4. 4.
      Conceptual landscaping plans;
   5. 5.
      Cross-sections of any required buffers; and
   6. 6.
      Traffic impact analysis, if deemed necessary by the Director of Transportation. 
4. D.
   Review Criteria for Schematic Plans. Prior to a site plan or subdivision plan approval, schematic plans shall be approved by the Planning Commission using the following criteria:

   1. 1.
      To mitigate any adverse impact on public health, safety, and welfare.
   2. 2.
      To ensure land use compatibility and transition; and
   3. 3.
      For compliance with this Chapter, zoning conditions, and the goals and policies of the Comprehensive Plan;
5. E.
   Conditions. The Planning Commission may impose conditions to ensure compliance with the criteria listed above.
6. F.
   Appeals. If the applicant disagrees with the final decision of the Planning Commission, they may file a written appeal with the Circuit Court within 60 days of that decision. 

1. A.
   Establishment. The Preservation Committee is established by the Board of Supervisors to assist in the administration of the historic districts and landmarks designation provisions of this Chapter.
2. B.
   Membership, Appointment, and Terms of Office. The Preservation Committee consists of seven members appointed by the Board of Supervisors for three-year terms. The membership shall include persons with knowledge of historical preservation. 

1. A.
   Historic Designation Initiation. Applications for historic district, landmark, or landmark site designation, or for the removal of such designation, shall be submitted to the Planning Department upon initiation by:

   1. 1.
      Resolution of the Board of Supervisors;
   2. 2.
      Motion of the Planning Commission; or
   3. 3.
      Petition by any of the following: property owner, contract purchaser with the property owner's written consent, or the property owner's agent with the property owner's written consent.
2. B.
   Preservation Committee. The Preservation Committee shall hold a public meeting to consider an application for designation, or the removal of a designation. The Committee shall then forward its recommendation to the Planning Commission. The recommendation shall address the appropriateness of the designation or removal, effect of the designation on future development, and may address other matters as may be deemed appropriate.
3. C.
   Planning Commission. The Planning Commission shall hold a public hearing to consider an application for designation, or the removal of a designation. The Planning Commission shall forward a recommendation to the Board of Supervisors.
4. D.
   Board of Supervisors. After receiving the recommendation of the Preservation Committee and Planning Commission, the Board of Supervisors shall conduct a public hearing and make a decision on the landmark request.
5. E.
   Findings.

   1. 1.
      Designation. To receive designation, a finding shall be made that the property has the potential to provide cultural and civic benefits by the existence of one or more of the following:

      1. a.
         Presence of special historical or archeological interest relating to local, state or national history;
      2. b.
         Presence of special character or aesthetic interest; value caused by area development patterns; or area natural, landscaping or topographical features;
      3. c.
         Presence of one or more periods or styles of architecture typical of one or more eras in the County’s history giving the area a distinct character;
      4. d.
         Concentration of indigenous examples of local architecture which have not been significantly altered from their original design, have a uniform scale, and derive special value from the repetition of scale and form; or
      5. e.
         Presence of one or more distinguished buildings of high architectural quality and historic interest.
   2. 2.
      Designation Removal. Designation removal shall follow the same process as Landmark Designation. To remove a designation, a finding shall be made that the original findings no longer exist. A demolition permit will not be issued for a designated structure until the designation has been removed. 
6. F.
   Appeals. A person aggrieved by the final decision of the Board of Supervisors relative to historic designation or removal shall have the right to appeal to the Circuit Court within 30 days of the decision.

1. A.
   Generally.

   1. 1.
      Exterior work shall not be performed on a historically designated property without, or in violation of, a Certificate of Appropriateness. It is unlawful to deviate from an approved Certificate of Appropriateness without obtaining an amended certificate in the same manner as the original certificate.
   2. 2.
      For designated properties, a Certificate of Appropriateness is required for any of the following:

      1. a.
         Construction, alteration or remodeling that would affect the exterior architectural appearance;
      2. b.
         Removal, moving, or demolition of a non-contributing structure; or
      3. c.
         Land disturbing activities of 256 square feet or greater.
   3. 3.
      Exemptions to Obtaining a Certificate.

      1. a.
         Routine maintenance that does not alter the existing exterior appearance is exempt from this Section.
      2. b.
         Where a danger to life, health or safety exists, the building official may cause the landmark or landmark site to be secured without obtaining a Certificate of Appropriateness.
   4. 4.
      Limitations.

      1. a.
         A Certificate of Appropriateness for any work requiring zoning approval shall not be acted upon until the Board of Supervisors approves the zoning approval.
      2. b.
         Except as otherwise provided, a building permit for any work requiring a Certificate of Appropriateness shall not be issued until the certificate has been obtained from the Preservation Committee.
2. B.
   Initiation. The property owner shall file an application for a Certificate of Appropriateness with the Planning Department.  
3. C.
   Decision. 

   1. 1.
      Time Period for Decision. Within 45 days after the receipt of a completed application, the Preservation Committee shall review the application and either grant the Certificate of Appropriateness with or without modification, or deny the Certificate of Appropriateness.
   2. 2.
      Meeting with Applicant.  The Committee may, or at the applicant's request shall, meet with the applicant to review the application prior to rendering a decision.
4. D.
   Approval Criteria. The Preservation Committee shall issue or deny a Certificate of Appropriateness solely on the basis of the standards established by this Chapter. In considering the application, the Committee shall be guided by the purposes for which historical properties are designated and by the particular standards and considerations contained in the Secretary of the Interior's Standards for Rehabilitation and associated amendments.
5. E.
   Appeals.

   1. 1.
      Preservation Committee Decision. An aggrieved person may appeal the decision of the Committee relative to Certificate of Appropriateness to the Board of Supervisors within 30 days of the date of the decision by filing a notice of appeal with the Clerk to the Board of Supervisors.
   2. 2.
      Decision of Board of Supervisors. An aggrieved person may appeal a final decision of the Board of Supervisors relative to Certificate of Appropriateness to the Circuit Court within 30 days of the Board's decision.
6. F.

   Period of Validity. If work is not commenced within three years after the date of issuance, the certificate shall become null and void.

Purpose: This section establishes an administrative process to determine existing zoning and specific requirements of the property.

1. A.
   Applicability. The Director of Planning shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of their authority.  
2. B.
   Initiation. Any person may file a zoning determination request on forms prescribed by the Director of Planning.
3. C.
   Property Owner Notification. If the applicant is not the property owner or a person representing the property owner, upon receipt of complete application, notice shall be provided to the property owner within 10 days of acceptance of the application. In addition, where the written decision or determination could impair the ability of an adjacent property owner to satisfy the minimum storage capacity and yield requirements for a residential drinking well under the Code of Virginia Sec. 32.1-176.4 or other regulation thereunder, a copy of the written response shall also be provided to the affected adjacent property owner.
4. D.
   Appeals.  A written decision, determination, or order shall include:

   1. 1.
      A statement informing the recipient of the right to appeal the decision, determination, or order within 30 days to the Board of Zoning Appeals in accordance with this Chapter;
   2. 2.
      The appeal fee;
   3. 3.
      Location of information regarding the filing of an appeal; and 
   4. 4.
      A statement that the decision, determination, or order is unappealable if not appealed within 30 days after the date of the written decision, determination, or order. The appeal period shall not commence until this statement is given. 
   5. 5.
      In addition, for a written order only, the appeal period shall not commence until the order is sent by registered mail or certified to, or posted at the usual place of abode of, either the property owner at the address shown by the Department of Real Estate Assessments, or the address of the registered agent shown in the records of the Clerk of the State Corporation Commission.

Purpose: This Section establishes a process to certify compliance with the Zoning Ordinance before a building permit or certificate of occupancy is issued.

The Director of Planning shall enforce this Chapter and have full cooperation from other County officials. Before granting a permit to construct, alter or use a building, structure or premise that may be affected by this Chapter’s regulations, the Building Official shall submit the application for the permit to the Planning Department for review and approval. If the proposed use, building or structure conflicts with the regulations of this Chapter to include a zoning or development approval, the building official shall not issue the building or occupancy permit.

Purpose: This Section establishes procedures to appeal administrative zoning decisions to the Board of Zoning Appeals, consistent with Code of Virginia §§ 15.2-2309, 15.2- 2311, and 15.2-2312.

1. A.
   Applicability.  

   1. 1.
      Appeal of an Order, Requirement, Decision, or Determination. Except as provided in Division 3 of this Article, an appeal to the Board of Zoning Appeals (BZA) may be taken by any person aggrieved, or by any officer, department, board or bureau of the County from any order, requirement, decision or determination made by the Director of Planning on zoning matters or any other administrative officer in the administration or enforcement of this Chapter.  For purposes of this Section, "zoning determination" means any order, requirement, decision or determination made by an administrative officer pursuant to this Chapter.
   2. 2.
      Interpretation of Zoning Maps. The BZA shall hear and decide applications for interpretation of the zoning maps where there is uncertainty as to the location of a district boundary that is not addressed pursuant to Section 19.2-2.F. The BZA may interpret the map in such a way as to carry out the intent and purpose of this Chapter for the particular section or district in question. The BZA shall not have the power to substantially change the locations of district boundaries as established by this Chapter.
2. B.
   Process.

   1. 1.
      Filing an Appeal. Appeals shall be conducted in accordance with the Code of Virginia and shall be filed within 30 days of the date of the appealable decision of the Director of Planning.
   2. 2.
      Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the Director of Planning certifies to the BZA that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the BZA or by a court of record, on application and on notice to the Director of Planning and for good cause shown.
   3. 3.
      Decision.  The decision on an appeal shall be based upon the BZA's judgment as to whether the administrative officer was correct. The determination of the administrative officer shall be presumed to be correct.  The BZA shall consider any applicable ordinances, laws, and regulations in making its decision. The BZA may reverse or affirm, wholly or partly, or may modify, an order, requirement, decision, or determination.
3. C.
   Appeals of the Board of Zoning Appeals Decisions.

   1. 1.
      The following may appeal a decision of the BZA:

      1. a.
         Any person or persons jointly or severally aggrieved by a decision of the BZA,
      2. b.
         Any aggrieved taxpayer, or
      3. c.
         Any officer, department, board or bureau of the County.
   2. 2.
      The appellant may file with the Clerk of the Circuit Court a petition specifying the grounds on which aggrieved within 30 days after the final decision of the BZA, in accordance with the provisions of the Code of Virginia.
   3. 3.
      When the appellant is neither the owner nor the agent of the owner of the property subject to the decision, the Planning Department shall provide written notice to the owner of the property at the last known address of the owner as shown by department of real estate assessments no later than 10 days from service of the writ of certiorari on the secretary of the BZA.

Purpose: This Section establishes procedures for requesting variances from zoning standards to the Board of Zoning Appeals consistent with Code of Virginia §§ 15.2-2309, 15.2-2310, and 15.2-2312.

1. A.
   Applicability.  This Section applies to any request for a variance to the requirements of this chapter.
2. B.
   Initiation. 

   1. 1.
      An application for variance may be initiated by petition of a property owner, a contract purchaser with the owner's written consent, or the owner's agent.
   2. 2.
      Applications shall be made to the Director of Planning in accordance with rules adopted by the BZA.
   3. 3.
      In addition to other application requirements, for modifications to alleviate a hardship requested by, or on behalf of, a person with a disability the Director of Planning may require documentation from the applicant to substantiate that the person meets the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131, et seq.) or state and federal fair housing laws.
3. C.
   Notice. See section 19.2-48. 

   1. 1.
      When giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the BZA may give such notice by first-class mail rather than by registered or certified mail.
4. D.
   Decision. 

   1. 1.
      The BZA shall conduct a public hearing and approve, approve with conditions, or deny the variance.
   2. 2.
      In granting a variance, the board may impose conditions regarding the location, character, or use as deemed necessary in the public interest. The BZA may also require a guarantee or bond to ensure that the conditions are satisfied.
5. E.
   Approval Criteria. The BZA shall grant a variance if the applicant proves through a preponderance of the evidence that:

   1. 1.
      A strict application of this Chapter would unreasonably restrict the utilization of the property, or the variance would alleviate a hardship due to the physical condition of the property or improvements on the property at the time of the effective date of this Chapter, as amended from time to time, or the variance would alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability;
   2. 2.
      The property was acquired in good faith and any hardship was not created by the applicant;
   3. 3.
      Substantial detriment will not occur to adjacent and nearby properties in the proximity of the geographic area in which the property is located;
   4. 4.
      The condition or situation of the property is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this Chapter;
   5. 5.
      The application will not allow a use that is not otherwise permitted on the property, or change the zoning district classification for the property; and
   6. 6.
      The relief or remedy sought by the variance application is not available through a special exception process that is authorized in the ordinance pursuant to subdivision or the process for modification of a Zoning Ordinance pursuant to Subdivision A 4 of § 15.2-2286 at the time of the filing of the variance application.
6. F.
   Appeals. 

   1. 1.
      The following may appeal a decision of the BZA:

      1. a.
         Any person or persons jointly or severally aggrieved by the decision,
      2. b.
         Any aggrieved taxpayer, or
      3. c.
         Any officer, department, board or bureau of the county.
   2. 2.
      The appellant may file with the Clerk of the Circuit Court a petition specifying the grounds on which they are aggrieved within 30 days after the final decision of the BZA, in accordance with the provisions of the Code of Virginia.
   3. 3.
      When the appellant is neither the owner nor the agent of the owner of the property subject to the decision, the Planning Department shall provide written notice to the property owner at the last known address of the owner as shown by department of real estate assessments no later than 10 days from service of the writ of certiorari on the secretary of the BZA.
7. G.
   Scope of Approval. The property upon which a property owner has been granted a variance is treated as conforming for purposes of this Chapter.

Purpose: This Section establishes procedures for requesting modifications from zoning standards from the Planning Director, pursuant to Code of Virginia § 15.2-2286.A.4.

1. A.
   Applicability. The Director of Planning may grant an administrative modification from any building setback requirement.
2. B.
   Initiation. An application for an administrative modification is initiated by petition by any of the following: property owner, contract purchaser with the property owner's written consent, or the property owner's agent with the property owner's written consent.  The applicant shall file the petition with the Director of Planning.
3. C.
   Decision.  

   1. 1.
      Generally.  The Director of Planning shall approve or deny an application not less than 21 days after the postmarked date of mailed notice nor more than 90 days after the application is received.
   2. 2.

      Written Decision. The Director of Planning shall provide:

      1. a.
         A written decision that includes the findings and, where applicable, imposed conditions; and
      2. b.
         A copy of the decision to the applicant and any adjacent property owner who responded in writing to the notice. 
   3. 3.
      Conditions. In granting a modification, conditions may be imposed related to the impact of the variance as deemed necessary to substantially secure the objectives of the standards of this Chapter. 
4. D.
   Approval Criteria.  In granting an administrative modification, the Director of Planning shall make the following findings:

   1. 1.
      The strict application of the ordinance requirement would produce undue hardship;
   2. 2.
      The hardship is not shared generally by other properties in the same zoning district and same vicinity;
   3. 3.
      The modification will not be of substantial detriment to adjacent property; and
   4. 4.
      The character of the zoning district will not be changed by the modification.
   5. 5.
      In addition to other application requirements, for modifications to alleviate a hardship requested by, or on behalf of, a person with a disability the Director of Planning may require documentation from the applicant to substantiate that such person meets the requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131, et seq.) or state and federal fair housing laws.
5. E.
   Appeals.  An appeal of the Director of Planning’s final decision may be made to the Board of Zoning Appeals within 30 days of the decision, in accordance with section 19.2-65.
6. F.
   Scope of Approval. 

   1. 1.
      The property upon which a property owner is granted a modification is treated as conforming for purposes of this Chapter.
   2. 2.
      An expansion to a building permitted by a modification is allowed only if it complies with this Chapter, unless an additional modification is obtained.
   3. 3.
      Unless conditioned otherwise by the Director of Planning, any modification granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability shall expire when the person benefited by it is no longer in need of the modification to the property or improvements provided by the modification, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable.

Purpose: This Section establishes a process for the Board of Supervisors to adjust a requirement of this Chapter as part of a rezoning application.

1. A.
   Applicability.

   1. 1.
      Generally. As part of a rezoning application, an applicant may request adjustments to development standards of this Chapter as part of a proffer statement, subject to the requirements below. Nothing in this Section shall prohibit an applicant from proffering elements or standards that exceed those listed in this Chapter.
   2. 2.
      Justification for Adjustments. Applicants seeking adjustments to ordinance requirements shall provide appropriate and sufficient justification, along with mitigating enhancements demonstrated in their application submittal for each adjustment being sought. The Planning Department, Planning Commission, and Board of Supervisors shall consider each adjustment requested against the overall development proposal to ensure adjustment is warranted, sufficient and appropriate mitigation has been provided, and that the adjustment will enhance the proposal compared to ordinance requirements. 
   3. 3.
      Regulations with Special Criteria for Adjustment

      1. a.
         Amenity Space. The Board of Supervisors may reduce required amenity space (AS) by up to 50% if direct pedestrian connectivity is provided to an adjacent public park, school, or library. The connectivity must link directly to paths or amenities within the public facility, subject to the agreement of the department or agency managing the public facility. Any sidewalk or shared use path required by this Chapter or by VDOT shall not be used to satisfy this requirement. Required strategic amenity space (SAS) shall not be reduced.
      2. b.
         Minimum Required Parking Spaces. The Board of Supervisors may reduce required parking, subject to the submission and review of a parking demand management (PDM) plan, as described in Sec. 19.2-42.I. 
      3. c.
         Building Design. The Board of Supervisors may approve alternative building design standards subject to the approval criteria below.

         1. i.
            The alternative building design shall be consistent with the intent of the applicable building design requirements that are being adjusted; and
         2. ii.
            The street-facing facade shall incorporate other architectural, artistic, or landscaped treatments to create visual interest to offset any reduction in design quality; and
         3. iii.
            The adjusted building design is compatible with or an improvement to the adjacent context and does not produce adverse outcomes for neighbors or pedestrians.
      4. d.
         Utility Connections. The Board of Supervisors may approve exceptions to the water and wastewater connection requirements in the following districts for any of the following reasons. 

         1. i.
            Exceptions in AR/NB/CC/EG/WD Districts:

            1. (A)
               Capacity limitations;
            2. (B)
               Distance from existing utility infrastructure;
            3. (C)
               Physical conflicts with structures or other utilities;
            4. (D)
               Topography;
            5. (E)
               Possession of a valid VPDES permit; or
            6. (F)
               Land use has minimal water and/or wastewater needs.
         2. ii.
            Exceptions in SR/SC/SU Districts shall use the same criteria as above but shall be limited to a process that creates no more than three total lots.
   4. 4.
      Regulations Ineligible for Adjustment Under this Section. 

      1. a.
         Use Exceptions. Applicants may not request the ability to conduct a use not permitted within a specific district.
      2. b.
         Lot Size Reductions. Applicants may not request a lot size smaller than that which is allowed in a specific zoning district.
      3. c.
         Urban Residential (UR) District Elements.

         1. i.
            First floor commercial use requirement for Option 2.
         2. ii.
            Frontage buildout.
         3. iii.
            Parking location, setbacks, and screening. 
      4. d.
         Mixed-Use Center (MU) District Elements.

         1. i.
            Gross floor area ratio of commercial to residential.
         2. ii.
            Frontage buildout.
         3. iii.
            Parking location, setbacks, and screening.
      5. e.
         Corridor Commercial (CC) Option 2 District Elements. The gross floor area ratio of commercial to residential.
      6. f.
         Outdoor Advertising Signs.
      7. g.
         Prohibited Items. Applicants may not request to adjust any item in this Chapter marked prohibited.