Pursuant to the Code of Virginia, § 15.2-2286(B), prior to the initiation of an application, 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, that are owed to the County have been paid, unless otherwise authorized by the treasurer.

Petitions or applications for amendments (to the Ordinance or Official Zoning Map), variances, conditional uses, or zoning permits, and any other request requiring action shall be made on forms provided by the County.

Petitions or applications for amendments (to the Zoning and Subdivision Ordinance or Official Zoning Map), variances, and conditional use shall be sworn to under oath before a notary public, or other official before whom oaths may be taken.

(a)

The Zoning Administrator shall establish minimum standards for submission requirements of all applications associated with the Zoning and Subdivision Ordinance. Applications shall contain all information required to meet the minimum standards.

(b)

Upon written request by an applicant, the Zoning Administrator or his or her agent may waive or modify a submission requirement or requirements upon a determination that the information is not necessary to evaluate the merits of the application.

(a)

Except where modifications to this Ordinance may be approved, all permits or licenses and the uses and buildings for which they apply shall conform to the provisions of this Ordinance.

(b)

Any permit or license issued which is in conflict with the provisions of this Ordinance shall be null and void.

The provisions of this Ordinance shall not impair a vested right of a property owner. The Zoning Administrator shall be authorized to make determinations on whether a property owner's rights are deemed vested in a land use. Vested rights determinations shall be made in accordance with the Code of Virginia, § 15.2-2307.

The purpose of this division is to establish a procedure for the review of proposed development to ensure its compliance with the requirements of this Ordinance.

Pursuant to the permitted provisions of the Code of Virginia, § 15.2-2286, no building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without the owner or owners first obtaining a permit therefor, issued by the Administrator. No such permit shall be issued by the administrator that does not conform with the provisions of this Ordinance unless he receives a written order from the BZA deciding an appeal, variance, or the administrator grants a modification as provided by this Ordinance.

(a)

Zoning permit applications shall be reviewed using the procedures and minimum submission requirements established by the Zoning Administrator.

(1)

Each application for a zoning permit shall be accompanied by two (2) copies of a drawing or plan as required by the Administrator showing, with dimensions, the lot lines, the building or buildings, the location of buildings on the lot and such other information as may be necessary to provide for the enforcement of these regulations, including, if necessary and required in a specific case, a boundary survey and a staking of the lot by a competent surveyor and complete construction plans. The drawing plans shall contain suitable notations indicating the proposed use of all land and buildings, including the number of families or dwelling units or rental units proposed.

(b)

If the proposed building or use is in conformity with the provisions of this Ordinance, a permit shall be issued to the applicant by the administrator. One (1) copy of the drawing shall be returned to the applicant with the permit. One (1) copy shall be kept in the offices of the Administrator as record of the decision.

(c)

A zoning permit, in itself, shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for permit or development approval.

If the work described in any zoning permit has not begun within eighteen (18) months from the date of issuance thereof, said permit shall expire. If the work described in any zoning permit has not been substantially completed within five (5) years of the date of issuance thereof, said permit shall expire. Further work as described in the expired permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.

Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in Article II, Division 6.

Pursuant to the Code of Virginia, § 15.2-2286(7), whenever public necessity, convenience, general welfare, or good zoning practice requires, the Board of Supervisors may, from time to time, amend, supplement or change, by Ordinance, the boundaries of the districts or the regulations established in this Ordinance. Such change shall require a majority vote of the Board of Supervisors.

(a)

Initiation of Change.

(1)

Pursuant to § 15.2-2286(7), any amendment to this Ordinance or the Zoning Map may be initiated by:

a.

Resolution of the Board of Supervisors stating that the public necessity, convenience, general welfare and good zoning practice requires the amendment;

b.

Resolution or motion of the Planning Commission stating that the public necessity, convenience, general welfare, and good zoning practice requires the amendment; or

c.

Application 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 (rezoning), addressed to the Board of Supervisors or the local Planning Commission, who shall forward such petition to the Board of Supervisors.

Upon initiation by either the Board of Supervisors or the Planning Commission, the proposed amendment is automatically referred to the Planning Commission.

(2)

Any applicant must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest in accordance with the Code of Virginia, § 15.2-2289.

(b)

Application; Review.

(1)

Applications for amending this Ordinance or the Zoning Map shall be reviewed using the procedures set forth in this Ordinance and minimum submission requirements established by the Zoning Administrator. Upon receipt of an application for a zoning text amendment or rezoning, the Zoning Administrator will review the application for completion.

a.

The application shall be accompanied by a preliminary site plan, as required in Division 7 below, and such written and graphic material as may be necessary to enable the Planning Commission and the Board of Supervisors to make the recommendation and determinations set forth below. Applicants may, in advance of filing an official application, submit 15 copies of a general development plan to the Zoning Administrator and request review by the Planning Commission for the purpose of guidance and comment. No official action shall be taken by the Planning Commission at said meeting; no unreasonable proffers shall be requested pursuant to Code of Virginia, § 15.2-2303.4; and no commitments shall be made by the County or any agency thereof at said meeting. The submitted general development plan may be general and schematic but shall show the following:

1.

A certified plat of the subject property showing metes and bounds of all property lines.

2.

Proposed land uses to be developed.

3.

The approximate total number, density, type, and price range of dwelling units and the range of lot sizes for the various dwelling types.

4.

If any, the general location of proposed open space and recreational areas.

5.

If any, the general location and type of commercial uses to be developed.

6.

The general location and character of the proposed major roads, trails, public utility and storm drainage systems.

7.

A statement on the proposed development schedule.

8.

A written analysis of the public facilities, roadway improvements, and public utilities that will be required to serve the planned development.

9.

Any additional information as deemed reasonably necessary by the Zoning Administrator.

b.

Once the application has been determined to be complete, the County shall evaluate the application and may request that the applicant make revisions as necessary.

c.

The application for a rezoning, once complete, is automatically referred to the Planning Commission for public hearing and recommendation.

d.

The Planning Commission shall not recommend any request for a zoning text amendment or rezoning unless the application has been advertised and public hearings have been held in accordance with the requirements as required in Division 8 of this Article and Code of Virginia, § 15.2-2204.

e.

The Planning Commission shall advise the Board of Supervisors within 100 days from its first meeting following referral. If after 100 days no recommendation has been made, the governing body shall assume that the Planning Commission concurs with the applicant and supports amending this Ordinance, and the Board of Supervisors shall thereafter take any action it deems appropriate, unless the applicant requests an extension and the Planning Commission votes to grant such an extension for a defined period not to exceed a total of 180 calendar days from the date of the public hearing.

f.

The Board of Supervisors shall hold at least one public hearing as required in Division 8 of this Article and shall take final action to approve or deny the request.

g.

All motions, resolutions, or petitions for amendment to the Zoning and Subdivision Ordinance and/or Zoning 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 and Subdivision 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.

(2)

The Zoning Administrator shall cause the Zoning Map to be updated as frequently as necessary to ensure that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting the Zoning Map that are approved by the Board of Supervisors shall be entered onto the original official Zoning Map 60 days following the approval of such changes. After updating sections of the Zoning Map, working prints of any updated section thereof upon which modifications have been made shall be inserted into all sets of the Zoning Maps that are used for public viewing and administration.

(c)

Amendments. Any amendments adopted by the Board of Supervisors may be modified from the form in which they were advertised within the limits necessary to relate properly such amendments to the zoning plan and Ordinance; provided, however, that 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 as required in this Article.

Whenever a petition requesting an amendment, supplement, or change has been denied by the Board of Supervisors, such petition, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial. This shall not impair the right of either the Planning Commission or the Board of Supervisors to propose any amendment to this Ordinance on their motion at any time.

The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development of land with reasonable conditions governing the use of such property. As authorized under the Code of Virginia, §§ 15.2-2296—15.22303.4, reasonable conditions may voluntarily be proffered by the owner of the property to which the proffered conditions will be applicable for the protection of the community when combined with existing Zoning and Subdivision Ordinance district regulations. The exercise of authority shall not be construed to limit or restrict powers otherwise granted nor to affect the validity of any Ordinance adopted by the locality which would be valid without regard to this division. In addition, the provisions of this article shall not be used for the purpose of discrimination in housing.

(a)

Proffer of Conditions; Standards for Consideration.

(1)

Any owner of property or their agent making application for a change in zoning or an amendment to the Zoning Map may, as part of the application, voluntarily proffer in writing reasonable conditions which shall apply to the subject property in addition to the regulations provided for in the zoning district sought in the rezoning application. Any such proffered conditions must be made prior to any public hearing before the Board of Supervisors (including joint public hearings with the Planning Commission). Proffered conditions may be amended once the public hearing has begun, and must be in accord with the procedures and standards contained in the Code of Virginia, § 15.2-2297.

(2)

Proffered conditions shall be subject to the following limitations:

a.

The rezoning itself must give rise to the need for the conditions;

b.

The conditions shall have a reasonable relation to the rezoning;

c.

The conditions shall not include a cash contribution to the County;

d.

The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241;

e.

The conditions shall not include a requirement that the applicant create a property owners' association under the Property Owners' Association Act (Code of Virginia, § 55.1-1800 et seq.) that includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in the Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Department of Transportation;

f.

The conditions must not include payment for, or construction of, off-site improvements except those provided for in the Code of Virginia, §§ 15.2-2241 and 15.2-2303.4;

g.

No condition shall be proffered that is not related to the physical development or physical operation of the property; and

h.

All such conditions shall be in accordance with the Comprehensive Plan.

(3)

At the time each proffer is submitted to the County, it shall be accompanied by a statement signed by the applicant and the owner or their agents which states:

 "Each proffer made in connection with this application for rezoning was made voluntarily and complies with applicable law. No agent of the County has suggested or demanded a proffer that is unreasonable under applicable law."

(4)

Application. Each application for rezoning which proposes proffered conditions to be applied to the property shall be accompanied by the following items beyond those required by conventional rezoning requests:

a.

An impact analysis demonstrating justification of proposed proffers.

b.

A statement by the applicant certifying there has not been a request to supply unreasonable proffers.

c.

A statement describing the nature of the proposed development and explaining the relationship of the development to the Comprehensive Plan.

d.

A statement setting forth a maximum number of dwelling units or lots proposed, including density and open space calculations where applicable to any residential development, or a statement describing the types of uses proposed and the approximate square footage for each nonresidential development.

e.

A statement detailing any special amenities that are proposed.

f.

A statement of the public improvements both on and off site that are proposed for dedication and/or construction and an estimate of the date for providing such improvements.

g.

A generalized development plan (or concept plan) listing and detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of such conditions.

h.

A statement setting forth the proposed approximate development schedule.

i.

A signed statement by both the applicant and owner in the following form: "I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."

(a)

The Board of Supervisors may accept amended proffers once the public hearing has begun provided te amended proffers do not materially affect the overall proposal. If the Board of Supervisors determines that the amendment materially affects the overall proposal, the application with the amended proffers shall be remanded back to the Planning Commission for a public hearing and recommendation.

(b)

Any landowner subject to proffered conditions may apply to the Board of Supervisors for amendments to or variations of such proffered conditions. Written notice, public hearing, and enforcement shall comply with the Code of Virginia, § 15.2-2302.

Upon the approval of any such rezoning, all conditions proffered and accepted by the governing body shall be deemed a part thereof and non-severable therefrom and shall remain in force and effect until amended or varied by the Board of Supervisors. All such conditions shall be in addition to the regulations provided for in the zoning district to which the land is rezoned.

Each conditional rezoning shall be designated on the Zoning Map by an appropriate symbol designed by the Zoning Administrator. In addition, the Zoning Administrator shall keep and maintain a conditional zoning index which shall provide ready access to the ordinance creating such conditions in addition to the regulations provided for in the particular zoning district and which shall be available for public inspection. The Zoning Administrator shall update the Index annually and no later than November 30 of each year.

A use requiring a Conditional Use Permit is a use that may be appropriate in a zoning district, but because of its nature, extent, and external effects, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose of this division is to establish procedures and standards for review and approval of Conditional Use Permits that provide for such special consideration.

A use permit is required for development of any use designated in Article V, Table 12: Zoning Use Matrix, as a use requiring a Conditional Use Permit in accordance with this section, and pursuant to the Code of Virginia, § 15.2-2286.

(a)

Application.

(1)

Conditional Use Permit applications shall be reviewed using the procedures and minimum submission requirements established by the Zoning Administrator. Upon receipt of an application for a Conditional Use Permit, the Zoning Administrator will review the application for completion.

(2)

The application for such Conditional Use Permit shall be accompanied by a preliminary site plan and such written and graphic material as may be necessary to enable the Planning Commission and the Board of Supervisors to make the recommendation and findings set forth below.

(3)

Once the application has been determined to be complete, the County shall evaluate the application and may request that the applicant make revisions as necessary.

(4)

Pursuant to the Code of Virginia, § 15.2-2289, all applicants must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest.

(5)

The application shall be referred to the Planning Commission for public hearing and recommendation. The Planning Commission shall not recommend any request unless the application has been advertised and public hearings have been held in accordance with the requirements as required in Division 8 of this Article and Code of Virginia, § 15.2-2204.

(6)

The Planning Commission shall advise the Board of Supervisors within 100 days. If after 100 days no recommendation has been made, the governing body shall assume that the Planning Commission concurs with the applicant and supports amending this Ordinance, and the Board of Supervisors shall thereafter take any action it deems appropriate, unless the applicant requests an extension and the Planning Commission votes to grant such an extension for a defined period not to exceed a total of 180 calendar days from the date of the public hearing.

Any landowner subject to conditions of a Conditional Use Permit may apply to the Board of Supervisors for amendments to or variations of such conditions. Written notice, public hearing, and enforcement shall comply with the Code of Virginia, § 15.2-2302.

(a)

A Conditional Use Permit authorizes only the particular use(s) and associated development that is approved and shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for permit or development approval. A Conditional Use Permit, including any approved plans and conditions, shall run with the land and shall not be affected by a change in ownership.

(b)

Unless otherwise specified in this Ordinance or specified as a condition of approval, the height limits, yard spaces, lot area, sign requirements, and other specified standards shall be the same as for other uses in the district in which the conditional use is located.

(c)

No reapplication for a Conditional Use Permit for the same or substantially the same application shall be considered by the governing body within a period of six (6) months from its last consideration. This provision, however, shall not impair the right of the governing body to propose a Conditional Use Permit on its own motion.

(d)

Should the use approved by the Conditional Use Permit cease for any twenty-four-month period during the life of the permit, the Conditional Use Permit shall become void.

A previously granted Conditional Use Permit may be revoked if the Board of Supervisors determines there has not been compliance with the conditions of the permit. No permit shall be revoked except after notice and hearing as provided in this Article.

Any applicant or person aggrieved by the application decision shall have the right to appeal the decision pursuant to the procedures set forth in Article II, Division 6.

Pursuant to the Code of Virginia, § 15.2-2309, the purpose of a variance is to allow for a reasonable deviation from the provisions of this Ordinance regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the Ordinance would unreasonably restrict the utilization of the property, other relief or remedy is not available, such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the Ordinance.

(a)

Authority.

(1)

Pursuant to the Code of Virginia, §§ 15.2-2309(2) and (6), the Board of Zoning Appeals is authorized to review petitions for a variance, provided that the burden of proof shall be on the applicant for a variance to prove by a preponderance of the evidence that the application meets the standard for a variance and the criteria set out in this section.

(2)

The Board of Zoning Appeals may approve, approve with conditions deemed necessary in the public interest, including limiting the duration of a permit, requiring a guarantee or bond to ensure the conditions will be complied with, or deny an application for a variance permit in accordance with the procedures and standards of this section.

(b)

Application.

(1)

Pursuant to the Code of Virginia, § 15.2-2310, application for a variance may be made by any property owner, tenant, government official, department, board, or bureau. Applications shall be made to the Zoning Administrator in accordance with rules adopted by the Board of Zoning Appeals. The application and accompanying maps, plans or other information shall be transmitted promptly to the secretary of the Board of Zoning Appeals who shall place the matter on the docket to be acted upon by the Board of Zoning Appeals. The Zoning Administrator shall also transmit a copy of the application to the local Planning Commission, which may send a recommendation to the Board of Zoning Appeals or appear as a party at the hearing.

(2)

Pursuant to the Code of Virginia, § 15.2-2289, all applicants must disclose all equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest.

(c)

Public Notice. Shall be provided as outlined in Division 8 of this Article.

(d)

Standards for Review.

(1)

Pursuant to the Code of Virginia, § 15.2-2309(2), a variance shall be granted if the evidence shows that the strict application of the terms of the Ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the Ordinance, and:

a.

The property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance;

b.

The granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;

c.

The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to the Ordinance;

d.

The granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property;

e.

The relief or remedy sought by the variance application is not available through the process for modification of a Zoning and Subdivision Ordinance pursuant to Code of Virginia, § 15.2-2286(A)(4) at the time of the filing of the variance application.

(a)

Issuance of a variance or special exception shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land and not be affected by a change in ownership.

(b)

Use or development authorized by the variance shall not be carried out until the applicant has secured all other permits required by this Ordinance or any other applicable Ordinances and regulations of the County. A variance, in itself, shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for permit or development approval.

(c)

After the Board of Zoning Appeals has granted a variance, the variance so granted shall lapse after the expiration of eighteen (18) months if no substantial construction or change of use has taken place in accordance with the plans for which such variance was granted, or if the Board of Zoning Appeals does not specify some longer period than eighteen (18) months for good cause shown.

The procedure for amendment of a variance already approved, or a request for a change of conditions attached to an approval, shall be the same as for a new application except that where the Zoning Administrator determines the change to be minor relative to the original approval, he may transmit the same to the Board of Zoning Appeals with the original record without requiring that a new application be filed.

The purpose of this section is to promote the orderly development of certain activities in the County and to ensure that such activities are developed in compliance with this Ordinance and other applicable regulations and in a manner harmonious with surrounding properties and in the interest of the general public welfare. More specifically, the site plan shall be used to review the project's compatibility with its environment; to review the ability of the project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians; to review the quantity, quality, utility and type of the project's required community facilities; and to review the location and adequacy of the project's provision for drainage and utilities.

(a)

Pursuant to Code of Virginia, § 15.2-2286(A)(8), no building permit or zoning permit shall be issued involving construction or exterior modifications to a structure until a site plan has been issued in accordance with the procedures established herein. Site plans are required and shall be submitted for all new structures, all renovated structures, and all additions to existing structures, with the following exceptions:

(1)

Individual Single-Family Dwellings.

(2)

Individual Two-Family Dwellings.

(3)

Accessory Uses where the area of land disturbance is less than 2,500 square feet.

(4)

Bona fide agricultural operations and the customary accessory uses and structures associated with bona fide agricultural operations.

(5)

Filling and grading operations where the area of land disturbance is less than 2,500 square feet where no impervious structures, surfaces or improvements will be installed and no clearing undertaken.

(6)

Repairs of a general nature to existing buildings.

(b)

Where a change of use of an existing structure requires additional parking or other requirements applicable to a new use, a site plan shall be submitted for review to ensure that the change of use can be accomplished within the purpose and intent of this Ordinance.

Any requirement of this Division may be waived by the administrator where the waiver is not averse to the purpose of this Division, and the applicant establishes that in this specific case an undue hardship would result from a strict enforcement of this Division. A report of waivers shall be provided in an annual report to the Planning Commission.

Prior to the submittal of a preliminary site plan, a preapplication meeting must be held between the applicant and the Zoning Administrator, unless otherwise waived by the Zoning Administrator.

The preliminary site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture, or land surveying shall be prepared by qualified persons. Site plans shall be certified by an architect, engineer, or land surveyor licensed to practice by the state within the limits of their respective licenses. The preliminary site plans shall be clearly drawn to scale as specified in this subsection and shall show the following:

(1)

Name and address of the applicant, owner of the property, and the preparer of the plan.

(2)

A certificate, signed by the surveyor or engineer, setting forth the source of title of the owner of the tract and the place of record of the last instrument in the chain of title;

(3)

The Northpoint, scale, date, and number of sheets;

(4)

Location of the project by an insert map at a scale of not less than one-inch equals 2,000 feet, indicating such information as the names and numbers of adjoining roads, streams and bodies of water, railroads, subdivisions, towns and magisterial districts or other landmarks sufficient to clearly identify the location of the property;

(5)

A boundary survey of the parcel(s) by courses and distances and including two points connected to the VA Coordinate System of 1983 (NAD83), tax map parcel number, County or municipal boundaries within one-half mile, existing streets, buildings or waterways, major tree masses and other existing physical features in or adjoining the project;

(6)

Adjoining property owners, zoning, and present use of adjoining property;

(7)

A topographic map with existing and proposed finished grade at a maximum contour interval of two (2) feet supplemented where necessary by spot elevations or other appropriate interval approved by the Zoning Administrator;

(8)

The location and arrangement of all proposed uses;

(9)

The general location of proposed lots, setback lines, easements, rights-of-way, and proposed parks, playgrounds, school sites, all proposed community and public facilities and, open spaces;

(10)

The location and extent of all wooded areas before development; the proposed area of clearing, with indication of post-development cover;

(11)

A tabulation of the total number of acres in the project and the percentage thereof proposed to be devoted to dwelling types, commercial uses, other non-residential uses, off-street parking, streets, parks, schools, amount and percentage to be covered by impervious surface after development, and other reservations;

(12)

A statement setting forth the maximum number of dwelling units that are proposed, the overall project density in dwelling units per acre, a breakdown of the approximate number of units by type, and the range of approximate lot sizes for single-family detached and attached dwellings;

(13)

Number of floors, floor area, height, and location of each building and proposed general use for each building. If a multi-family residential building, the number, size, and type of dwelling units;

(14)

The locations of all existing and proposed septic tanks and drain field sites including reserve sites;

(15)

The location of all existing and proposed wells;

(16)

The location of existing and proposed public water and sanitary sewer facilities, indicating all pipe sizes, types, and grades and where connection is to be made;

(17)

Provisions for the adequate disposition of natural and storm water, indicating locations, sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system;

(18)

The proposed traffic circulation plan, including major streets and major pedestrian, bicycle and/or bridle paths, and the location, type and size of vehicular entrances;

(19)

All off-street parking, loading spaces, and walkways, indicating type of surfacing, size, angle of stalls, width of aisles, and a specific schedule showing the number of parking spaces provided and the number required per this Ordinance;

(20)

A landscape plan demonstrating at a minimum the type, size, height and location of plantings, fencing, retaining walls, and screen planting as required in Article VII;

(21)

General location, character, size, height and orientation of proposed signs and outdoor lighting systems;

(22)

The approximate limit of all resource protection area features and any additional required buffer areas if an environmental assessment is not submitted; and other items as required in Article IV, Division 5, which include, but are not limited to, the following:

a.

Delineation of the RPA boundary;

b.

Delineation of required buffer areas;

c.

Delineation of RMA wetlands;

d.

Delineation of RMA boundary; and

e.

A notation that setbacks shown are based on current district requirements but shall not take precedence over any subsequently adopted setback requirements related to any rezoning action or district regulation amendments.

(23)

The approximate limit of the 100-year floodplain, any drainage district, mapped dam break inundation zone;

(24)

The location of any grave, object or structure marking a place of burial;

(25)

The location of all existing and proposed structures, including marine and temporary structures. In the case of temporary structures, the date when the structure will be removed must be indicated;

(26)

A delineation of those general areas that have scenic assets or natural features deserving of protection and preservation, as outlined in the Essex Comprehensive Plan or identified by the Zoning Administrator and statement of how such will be accomplished;

(27)

A statement or visual presentation of how adjacent and neighboring properties shall be protected from any adverse effects prompted by the proposed development, to include vehicular access plans, proposed measures and types of screening, and dimensions of all buffers that will be provided;

(28)

A report setting forth the proposed development schedule indicating the sequence of development of the various sections thereof and the approximate starting and completion date for the construction of each stage;

(29)

A plan or report indicating the extent, timing and estimated cost of all off-site improvements, such as roads, sewer, and drainage facilities deemed necessary to construct the proposed development, and the extent, timing and estimated cost of all facilities deemed necessary to serve the development such as schools, libraries and police substations. This plan or report shall relate to the sequence of the development schedule if the development is to be constructed in stages or units;

(30)

A traffic impact analysis as required by the Virginia Department of Transportation;

(31)

An impact statement on the effect of the development to the County's school system, refuse system, ground water supply, environment and any other community service; and

(32)

Any additional information as required by the Zoning Administrator necessary to evaluate the character and impact of the proposed project.

(a)

General Specifications.

(1)

Separate final site plans shall be submitted for each development stage or unit as set forth in the approved preliminary site plan.

(2)

A final site plan for a particular development stage or unit other than the first, shall not be approved until the final site plan has been approved for the immediately preceding stage or unit.

(b)

Contents. The final site plan shall comply with the preliminary site plan specifications in section 36.179 above; approved preliminary site plan where such approval is required in section 36.186(b); and shall in addition show the following, unless the Zoning Administrator may determine that some of the following information is unnecessary due to the scope and nature of the development proposed:

(1)

The location of all existing and proposed easements for roads, overhead and underground utilities, drainage, or other easements which may exist or are proposed on the property.

(2)

The location of proposed access and location of all curb cuts as approved by the Virginia Department of Transportation demonstrating efforts made to control access and minimize impacts to through traffic on adjacent routes.

(3)

Included with the site plan shall be documentation of all existing permits and applications relevant to the parcel, including, but not limited to: Health Department permits for all wells and septic drain fields; all existing zoning permits and zoning applications; applications for rezoning, special use and Conditional Use Permits, and zoning variances and evidence of all wetlands permits required by Federal, State, and local laws and regulations applicable to the site, lot or parcel.

(4)

All of the features required on the preliminary plan with sufficiently accurate dimensions, construction specifications and computations to support the issuance of zoning and construction permits.

(5)

Provisions for the adequate disposition of natural and storm water in accordance with duly adopted design criteria and standards of the Virginia Department of Highways indicating the location sizes, types and grades of ditches, catch basins and pipes and connections to existing drainage system. Provisions for the adequate control of erosion and sedimentation, indicating the proposed temporary and permanent control practices and measures which will be implemented during all phases of clearing, grading, and construction.

(6)

Distances and bearings must balance and close with an accuracy of not less than one in 10,000.

(7)

The layout of all major and secondary roads shall be shown by metes and bounds, public or private.

(8)

When the development is to be constructed in stages or units, a final sequence of development schedule showing the order of construction of such stages or units, an approximate completion date for the construction of each stage or unit, and a final cost estimate of all improvements within each stage or unit.

(9)

A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance and operation of all open space areas.

(10)

Any additional requirements as determined by the Board of Supervisors, Board of Zoning Appeals, or Zoning Administrator.

(a)

Site plan submission. Unless otherwise provided in another Article of this Ordinance, every site plan required by this Article shall be submitted to the Zoning Administrator who shall take the following actions:

(1)

Review the plans for conformity with the Comprehensive Plan and applicable development regulations.

(2)

Determine whether the preliminary site plan requires review by the Planning Commission and Board of Supervisors, as outlined in (b) below.

(3)

If a review is required by the Planning Commission and Board of Supervisors, then place the site plan on the agenda of the Planning Commission and the Board of Supervisors and arrange for public notices as outlined in Division 8 of this Article.

(b)

Preliminary Site Plans requiring actions of the Planning Commission and Board of Supervisors are as follows:

(1)

Applications that require a change of zoning classification.

(2)

Applications for Conditional Use Permits.

(c)

All other plans required under Section 36.181, whether preliminary or final, are approved by the Zoning Administrator.

(d)

For projects which are required to be referred to the Planning Commission and the Board of Supervisors, the Zoning Administrator shall prepare an analysis of the plan and a brief report stating whether the site plan is in conformity with applicable plans, regulations and policies of the County. This report shall be submitted to the Planning Commission, through the Zoning Administrator who may make additional analysis and recommendations concerning whether the proposed site plan is consistent with the County's Comprehensive Plan and general development policies. The Zoning Administrator's report may recommend actions that would enable the plan to meet County requirements, should it not meet such requirements as submitted.

(e)

Pursuant to Code of Virginia, § 15.2-2259, the site plan shall be approved or disapproved within 60 days after it has been officially submitted for approval. If disapproved the reasons for disapproval shall be identified by reference to specific duly adopted Ordinances, regulations, or policies and shall identify, to the greatest extent practicable, modifications or corrections that will permit approval of the plan.

(f)

Pursuant to Code of Virginia, § 15.2-2259, the site plan that is previously disapproved but has been modified, corrected, and resubmitted shall be acted on within 45 days of resubmission.

(a)

If it becomes necessary for an approved site plan to be changed, the administrator may, at the applicant's request, administratively approve an amendment to the site plan if the change or amendment does not:

(1)

Alter a recorded plat;

(2)

Conflict with specific requirements of this Ordinance;

(3)

Change the general character or content of an approved development plan or use;

(4)

Have an appreciable effect on adjoining or surrounding property;

(5)

Result in any substantial change of external access points;

(6)

Decrease the minimum specified yard and open spaces.

(b)

Amendments such as but not limited to, the elimination of any use shown or the addition of any use not shown on the preliminary site plan or any increase or decrease in the density of the development, shall require resubmission of the preliminary site plan.

(c)

If amendments to a site plan do not comply with administrative approval, then the amendment request and a new site plan must be drawn and submitted for review and action in accordance with this division.

It shall be unlawful for any person to construct, erect or substantially alter any building or structure, or develop, change, or improve land for which a site plan is required, except in accordance with an approved site plan. Deviation from an approved site plan without the written approval of the Zoning Administrator shall void the site plan and require submission of a new site plan for approval.

(a)

If no final plan is submitted within 18 months of the approved preliminary site plan and construction has not begun within the time period approved by the Board of Supervisors, the preliminary site plan approved shall lapse and be of no further effect. In its discretion and for good cause, the Board of Supervisors may, upon receipt of written request, extend the period required to submit a final plan.

(b)

In accordance with Code of Virginia, § 15.2-2261, approval of a final site plan submitted under the provisions of this Article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith.

(c)

The application for and approval of minor modifications to an approved site plan shall not extend the period of validity of such plan and the original approval date shall remain the controlling date for purposes of determining validity.

(d)

No permit shall be issued for any structure in any area covered by the site plan that is required under the provisions of this Article except in conformity with such site plan which has been duly approved.

(a)

In accordance with the Code of Virginia, § 15.2-2204, the Planning Commission shall not recommend, nor shall the Board of Supervisors adopt or approve any plan, ordinance, amendment, or Conditional Use Permit, nor shall the BZA approve any variance, until it has held a duly-advertised public hearing. Advertising and notice procedures shall be conducted according to the procedures under Code of Virginia, § 15.2-2204, as outlined in this section for the convenience of the public.

(b)

Notice of public hearings shall be published once a week for two successive weeks in some newspaper published or having general circulation in the County. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications. Notices shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the County where copies of the proposed plans, ordinances, amendments, or applications may be examined.

(c)

The Planning Commission and Board of Supervisors may hold a joint public hearing after public notice as set forth herein, and if such joint hearing is held, public notice as set forth above need be given only by the Board of Supervisors.

(d)

In the case of a proposed amendment to the Zoning Map (rezoning), 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. 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 pursuant to Code of Virginia, § 15.2-2204.

(e)

When a proposed amendment of this Ordinance involves a change in the zoning classification of 25 or fewer parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner or owners, their agent or the occupant of each parcel involved, to the owners, their agent or the occupant of all abutting property and property immediately across the street or road from the property affected, and, if any portion of the affected property is within a planned unit development, then to such incorporated property owners' association within the planned unit development that has members owning property located within 2,000 feet of the affected property. Notice shall also be given to the owner, the owner's agent or the occupant of all abutting property and property immediately across the street from the property affected.

(f)

When a proposed amendment of this Ordinance involves a change in the Zoning Map classification of more than 25 parcels of land, or a change to the applicable Zoning and Subdivision Ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as required by subsection A, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to Zoning and Subdivision Ordinance text regulations shall not have to be mailed to the owner, owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of the Code of Virginia, § 15.2-2240 et seq. where such lots are less than 11,500 square feet.

(g)

When a proposed change in Zoning Map classification; or an application to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.

(h)

Notice, as required above, sent by registered or certified mail to the last known address of such property owner(s) as shown on the current real estate tax assessment records shall be deemed adequate notification. Notice may be sent by first class mail; however, a representative of the county shall sign an affidavit that such mailings have been made and file such affidavit with the papers in the case.

(i)

Notifications shall also be provided to military bases, military installations, military airports, and public-use airports in accordance with the Code of Virginia, § 15.2-2204.

(j)

The cost of all notice requirements shall be paid by the applicant in addition to any other fees involved in the application. The County shall bill the applicant for such costs.

(k)

Pursuant to the Code of Virginia, § 15.2-2206, the County may require the applicant to give written notice to those persons who own property, any portion of which abuts the subject property, and all property which is directly across the street from any portion of the subject property, as determined by the County's real property tax records. This notice shall give the date, provide the time and place of the hearing, identify the property which is the subject of the application, and give a brief description of the proposed action. This notice shall be mailed a minimum of 10 days prior to the date of the public hearing. The list of property owners and the content of the notice shall be approved by the Zoning Administrator prior to mailing.

(l)

The applicant shall also be required to place a sign provided by the County on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.

(m)

Actual notice of, or active participation in, the proceedings for which the written notice is provide shall waive the right of that party to challenge the validity of the proceedings due to failure of notice as required by this section.