Franklin City Zoning Code
ARTICLE XXVIII
Changes and Amendments
§ 28.1 Authority of city council.
In accordance with the provisions of Code of Virginia, §§ 15.2-2285 – 15.2-2286, and § 15.2-2303, the city council may from time to time amend, supplement, or change by ordinance the number, shape, or area of districts established on the zoning district map or the regulations set forth in this ordinance; but no such amendment or change shall become effective unless the ordinance proposing such amendment or change shall have first been submitted to the city planning commission for its recommendation and such commission shall have been allowed a reasonable time, not less than 30 days, for investigation and report.
§ 28.2 Methods of initiation.
An amendment or change may be initiated by (1) resolution of the city council; (2) by motion of the planning commission; or (3) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, including applications for conditional and special use permits, addressed to the city council or planning commission, which shall forward such petition to the city council. Any such resolution by the city council or motion by the planning commission shall state that the proposed amendment is required by public necessity, convenience, general welfare or good zoning practice.
§ 28.3 Hearing before planning commission.
[Amended by Ord. No. 2004-19, 6-28-2004]
(1)
Before submitting its recommendation, the planning commission shall hold a public hearing on the proposed amendment, change or application for conditional or special use permit after giving notice as required by Code of Virginia § 15.2-2204, as amended.
(2)
In addition to the notice required by Code of Virginia § 15.2-2204 an applicant for rezoning shall post the sign or signs provided to him or her by the secretary of the planning commission providing notice of the application on the affected parcel or parcels of land in a location or locations clearly visible from adjacent public streets or places within three days from the filing of an application. In the event that the applicant fails to post the sign(s) as required herein, the hearing shall be postponed and the costs of providing additional notice shall be assessed against the applicant.
§ 28.4 Hearing before city council.
[Amended by Ord. No. 2004-19, 6-28-2004]
(1)
The city council, after receiving the report of the planning commission, shall hold a public hearing in accordance with the provisions of Code of Virginia § 15.2-2285, after giving public notice as required by Code of Virginia § 15.2-2204, as amended.
(2)
In addition to the notice required by Code of Virginia § 15.2-2204 an applicant for rezoning shall post the sign or signs provided to him or her by the clerk of the city council providing notice of the application on the affected parcel or parcels of land in a location or locations clearly visible from adjacent public streets or places within three days from the filing of an application. In the event that the applicant fails to post the sign(s) as required herein, the hearing shall be postponed and the costs of providing additional notice shall be assessed against the applicant.
§ 28.5 Joint hearings.
Notwithstanding the provisions of §§ 28.3 and 28.4, the planning commission and the city council may hold a joint public hearing after public notice has been given as required by Code of Virginia, § 15.2-2204, as amended. If such joint hearing is held, then public notice need be given only by the city council. After such joint hearing the planning commission shall submit its recommendation on the proposed amendment or change to the city council.
§ 28.6 Fees.
[Amended by Ord. No. 2004-5, 5-24-2004]
Any property owner, contract purchaser with the owner's written consent, or the owner's agent therefor, who makes an application to amend the district boundaries or zoning classification of property shall pay the prescribed fee to cover the cost of advertising of notices and processing such application.
(1)
All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted.
(2)
Fees for engineering/consultant review. If in the discretion of the county review of any request by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to pay the fee for such review prior to consideration of the request by the city. The purpose of the review will be to ensure that the request complies with any applicable regulations.
§ 28.7 Conditional zoning.
[Amended 1-8-2007]
(1)
Conditional zoning authorized. Whenever it appears that the zoning methods and procedures provided for elsewhere in this ordinance may prove to be inadequate in regard to a particular zoning reclassification, and when a more flexible and adoptable zoning method is deemed necessary, amendments to this ordinance may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the city that are not generally applicable to land similarly zoned.
(2)
Proffer of conditions. Proposed rezonings may include the voluntary proffering in writing by the property owner of reasonable conditions to attach to the rezoning of his property in addition to the regulations already provided for in the applicable zoning district, provided that:
(a)
The rezoning itself must give rise to the need for the conditions.
(b)
Such conditions shall have a reasonable relation to the rezoning.
(c)
Such 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 by the subdivision ordinance of this city (Appendix C).
(d)
Reasonable conditions may include the payment of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program.
(e)
All such conditions shall be in conformity with the comprehensive plan of the city.
(f)
Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by the conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.
(g)
The planning commission and the city council may approve permitted conditional uses as a part of a conditional rezoning.
[Added 11-26-2012 by Res. No. 2012-11
(3)
Time of proffer. All written proffers shall be filed with the application for rezoning. City Council may accept amended proffers once a public hearing has begun if the amended proffers do not materially affect the overall proposal.
(4)
Enforcement, guarantees and administration of conditions.
(a)
The zoning administrator shall administer and enforce conditions attached to a rezoning including:
i.
The ordering in writing of the remedy of any noncompliance with such conditions;
ii.
The referral of any noncompliance to the city attorney with a request for appropriate legal action to ensure compliance with such conditions including injunction, abatement or other appropriate action or proceedings; and
iii.
Requiring a guarantee, satisfactory to the city council, in an amount sufficient for and conditional upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee in like amount so conditioned, which guarantee shall be reduced or released by the city council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.
(b)
Failure to meet any and all conditions imposed as a condition of rezoning shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate.
(c)
Any zoning applicant who is aggrieved by a decision of the zoning administrator pursuant to the provisions of paragraph (a) of this subsection may petition the board of zoning appeals for a review of the decision of the zoning administrator.
(5)
Records. The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district.
(6)
Substantial conformity. Upon approval of an application and proffered conditions, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations or other demonstrative materials and no development shall be approved by any city official in the absence of such substantial conformity. For the purpose of this subsection "substantial conformity" means that level of conformity which leaves a reasonable margin for adjustment due to final engineering data but which conforms with the general nature of the development, the specific uses and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.
(7)
Amendments and variations of conditions. There shall be no amendment or variation of conditions created pursuant to the provisions of subsection 28.7(b) until after public hearings before the planning commission and city council advertised pursuant to the provisions of Code of Virginia, § 15.2-2204.
(8)
Relation of section to other laws. The provisions contained in this section shall be considered separate from, supplemental to and additional to the provisions contained elsewhere in this Code or other city ordinances. Nothing contained in this section shall be construed as excusing compliance with all other applicable provisions of this Code or other city ordinance.
§ 28.8 Conditional use permits.
[Amended by Ord. of 2-25-2002(2) and 9-25-2023]
(1)
The city council shall have the power to hear and decide applications for conditional use permits as may be authorized in this ordinance. No such application shall be considered by council unless the application shall have first been submitted to the city planning commission for its recommendation and such commission shall have been allowed a reasonable time, not less than 30 days, for investigation and report.
(2)
In considering an application for a conditional use permit, the planning commission and council shall determine the appropriateness of the application based upon the following standards:
(a)
The use is compatible with the character and appearance of the surrounding neighborhood by virtue of its height, bulk, location on site and the design and location of parking, signage, landscaping and other outside activities or structures.
(b)
The use does not create a demand on public water or sanitary sewer services that exceeds the design capacity of those systems at the proposed site or that would in any way decrease the quality of service to the surrounding neighborhood.
(c)
The use does not generate traffic or parking on public streets that exceeds the design capacity of said streets and does not create a dangerous traffic problem by virtue of driveway location, site clearance, driveway slope or other factors.
(d)
The use does not increase the flood potential in the surrounding neighborhood.
(e)
The use is in conformance with the setback, yard, frontage, lot area, parking, signage, screening and any other applicable requirements of the zoning ordinance as they pertain to the district in which the use is to be located or to the specific use.
(f)
The use does not adversely affect the health or safety of persons residing or working in the neighborhood.
(g)
The use is not detrimental to the public welfare or injurious to other property and improvements in the neighborhood.
(h)
The use is not in conflict with the comprehensive plan and complies with all applicable federal, state and local laws.
(3)
The council may approve or disapprove the permit based upon its determination as to whether or not the use is in keeping with the standards set forth hereinabove in subsection (2) or can be made compliant therewith by the imposition of conditions on the permit. In the event that the council determines that conditions are required for compliance with the above standards, it may condition the granting of the permit on adherence to conditions with respect to the location, construction, maintenance or operation of the use.
(4)
The council may limit the duration of a permit and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be complied with.
(5)
Construction or operation of the conditional use shall commence within one year of the issuance of the permit, except that the zoning administrator may extend this period for up to one more year upon the administrator's determination in his or her sole discretion that additional time is reasonably needed to complete the construction or commence operations. If after the permit is issued and the use for which the permit is issued is discontinued for a period of more than one year, the permit shall become void.
(6)
The council shall also have the power to revoke a conditional use permit if it determines that there has not been compliance with the terms or conditions of the permit. No conditional use permit shall be revoked except after notice and hearing as provided by Code of Virginia, § 15.2-2204.
§ 28.9 Special use permits for uses not provided for.
[Amended by Ord. 9-25-2023]
(1)
If, in any district established under this ordinance, a use is not specifically permitted and an application is made to the zoning administrator for such use, the zoning administrator shall refer the application to the planning commission as a special use permit. The planning commission shall make its recommendation to the city council after holding a public hearing on the said application.
The city council may, after receiving the recommendations from the planning commission and after holding a public hearing on said application, issue a special use permit for said use for a temporary period or permanently, as determined by the council, upon such conditions as the council may deem necessary to safeguard and protect the public health, morals, safety and general welfare of the neighborhood or area within the proposed use will be located.
(2)
Initiation of special use permit.
(a)
The property owner or other person with an enforceable legal interest in the property may file an application for a special use permit.
(3)
Application for special use. An application for special use shall be filed with the zoning administrator on a form prescribed by the zoning administrator. The application shall be accompanied by such plans and/or data as necessary, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards set forth. Such application shall be forwarded from the zoning administrator to the planning commission for review and recommendation. The planning commission shall conduct a public hearing and render a recommendation on the application, which shall be forwarded to city council.
(4)
Planning commission recommendation. The planning commission, after public notice and hearing, shall forward its recommendation to city council which in turn shall hold another hearing.
(5)
The city council after public notice and hearing and upon recommendation by the planning commission may authorize the issuance of special use permits in harmony with the general purpose and intent, as hereinafter provided, and subject to appropriate conditions.
(6)
Standards for review of a special use application. The planning commission and city council shall consider the following criteria before the granting of a special use permit:
(a)
That the establishment, maintenance, and operation of the special use will not be detrimental to or endanger the public health, safety, and general welfare;
(b)
That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially impair the use of other property within the immediate proximity;
(c)
That adequate utilities, water, sewer or septic system, access roads, storm drainage and/or other necessary public facilities and improvements have been or will be provided;
(d)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets;
(e)
That the proposed special use is not contrary to the goals and objectives of the Isle of Wight County Comprehensive Plan;
(f)
That the special use shall, in all other respects, conform to the applicable regulations of the zoning district classification in which it is located and to the special requirements established for the specific use;
(g)
That the use(s) at the location proposed will not result in a multiplicity or saturation of similar uses in the same general neighborhood of the proposed use.
(7)
Conditions and guarantees. The city council may impose conditions or limitations on any approval, including the posting of performance guarantees. Such conditions may include, but are not necessarily limited to:
(a)
The number of persons living or working in the immediate area and the proposed hours of operation, as may be applicable;
(b)
Traffic conditions, including facilities for pedestrians, such as sidewalks and parking facilities; the access of vehicles to roads; peak periods of traffic; and proposed roads, but only if construction of such roads will commence within the reasonably foreseeable future;
(c)
The orderly growth of the neighborhood and community and the fiscal impact on the city;
(d)
The effect of odors, dust, gas, smoke, fumes, vibration, glare, and noise upon the use of surrounding properties;
(e)
Facilities for police, fire protection, sewerage, water, trash and garbage collection and disposal, and the ability of the county or persons to supply such services;
(f)
The degree to which the development is consistent with generally accepted engineering and planning principles and practices;
(g)
The structures in the vicinity such as schools, houses of worship, theaters, hospitals, and similar places of public use;
(h)
The purposes set forth in this ordinance, the county's comprehensive plan, and related studies for land use, roads, parks, schools, sewers, water, population, recreation, and the like;
(i)
The environmental impact, the effect on sensitive natural features, and opportunities for recreation and open space;
(j)
The preservation of cultural and historic resources or landmarks.
(8)
Other laws applicable. The granting of a special use does not exempt the applicant from obtaining a zoning permit certificate or complying with all other requirements of this ordinance or any applicable county, state, or federal law.
(9)
Denial of a special use permit. If the city council finds that in an application for a special use provided in this ordinance and requested in said application will not conform to the general character of the neighborhood to which the proposed use will apply, and that the public health, safety and general welfare of such neighborhood will not be secure by granting such special use, then the city council may deny such application, anything in this ordinance to the contrary notwithstanding.
(10)
Effect of denial of a special use.
(a)
No application for a special use which has been denied wholly or in part by city council shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by council.
(b)
The city council may, at any time, consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered, as determined by the zoning administrator.
(11)
Scope of approval.
(a)
Unless otherwise specified by the conditions of the permit, failure to establish the special use authorized by the permit within two (2) years from the date of approval by the city council shall cause the permit to terminate and to become void.
(b)
The provisions of this section are cumulative with the power of injunction and other remedies afforded by law to the city and, further, shall not be so interpreted as to vest in any applicant any rights inconsistent or in conflict with the power of the city to rezone the subject property or to exercise any other power provided by law.
(c)
Once a special use permit is granted, such use may be enlarged, extended, increased in intensity or relocated only in accordance with the provisions of this section unless the city council, in approving the initial permit, has specifically established alternative procedures for consideration of future expansion or enlargement.
(d)
Where any special use is discontinued for any reason for a continuous period of two (2) years or more, the special use permit shall terminate and become null and void. A use shall be deemed to have been "discontinued" when the use shall have ceased for any reason, regardless of the intent of the owner or occupier of the property to reinstitute the use at some later date. The approval of a new special use permit shall be required prior to any subsequent reinstatement of the use.
(12)
Revocation of special use permits.
(a)
The city council may, by resolution, initiate a revocation of a special use permit. When initiated, the revocation process shall be handled as would a new application for a special use permit.
(b)
After review by the zoning administrator and consideration and recommendation by the planning commission, the city council shall act on the proposal to revoke the special use permit. Grounds for revocation shall include, but not be limited to, the following:
i.
A change in conditions affecting the public health, safety and welfare since the adoption of the special use permit; or
ii.
Repeated violations of this article, including any conditions attached to the special use permit, by the owner/operator of the use; or
iii.
Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the special use permit.
(13)
Violations. If it is determined that violations exist with regard to an approved special use permit, the following procedure shall be followed: After review and recommendation by the planning commission, the city council shall act on the proposal to revoke the special use permit. Grounds for revocation shall include, but not be limited to, the following:
(a)
A change in conditions affecting the public health, safety and general welfare since adoption of the special use permit; or
(b)
Repeated violations, including any conditions attached to the special use permit owner/operator of the use; or
(c)
Fraudulent, false or misleading information or an error or mistake in fact supplied by the applicant (or his agent) for the special use permit.