The council finds that a portion of the police power of the commonwealth has been delegated to each town, to be exercised reasonably in determining the manner of its development. The state legislature has left much discretion to the town in making such determinations, relying on the local governing body's knowledge of local conditions and the needs of its individual communities. Public necessity, health, safety, convenience, general welfare, and good zoning practice provide guiding factors for the council in its quest to exercise its legislative mandate in formulating a reasonable policy of town planning for the general good and welfare.

(Ord. No. 2021-002, 11-23-2021)

The intent of this section is to provide (pursuant to §§ 15.2-2296—15.2-2303 of the Code of Virginia), a more flexible and adaptable zoning method to cope with situations found in zones whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned.

Changes in the zoning restrictions applicable to any parcel of land in the Town of Haymarket may be affected in accordance with the provisions of this chapter through approval by the Haymarket Town Council in any of the following ways:

(1)

Zoning text amendments; or

(2)

Zoning map amendment (rezoning), including modification of proffers; or

(3)

Special use permit approval.

(Ord. No. 2021-002, 11-23-2021)

When a zoning application is filed by a property owner, such petition shall be sworn to under oath before a notary public, stating whether any member of the Haymarket Town Council or the planning commission has an interest in such property, whether individually, by ownership of stock in a corporation owning such land or by partnership, or whether a member of the immediate household of any member has such interest. For the purpose of this section, own or have any interest in shall mean being a holder of ten percent or more of the outstanding shares of stock in or serving as a director or officer of any corporation owning such land, directly or indirectly, by members of his immediate household.

(Ord. No. 2021-002, 11-23-2021)

Prior to a public hearing on a map amendment, public facility determination, or special use permit before the planning commission or Haymarket Town Council, notice as required by this section shall be given. The planning commission shall not recommend, nor the Haymarket Town Council approve any amendment or special use permit until such notice is given. Notice of amendments or special use permits need not be advertised in full, but may be advertised by reference, provided that the place where copies of such amendments or special use permits may be viewed shall be included in the notice. In the case of a proposed amendment to the zoning map, such public notice shall state the general usage and density range of such proposed amendment and the general usage and density range of the applicable part of the comprehensive plan.

(1)

Notice of a zoning map amendment or special use permit shall be published once a week for two successive weeks (with not less than six days elapsing between the first and second publication) in a newspaper having general circulation in the town. Notice for both the planning commission and board of county supervisors may be published concurrently. Notice shall specify the time and place of the public hearing, which shall be held not less than five days nor more than 21 days after the second advertisement shall have appeared.

(2)

When a proposed map amendment involves a change in the zoning map classification of 25 or fewer parcels of land, written notice shall be sent by first class mail by the town planner, or his designee, to the owner, agent, or occupant of each parcel within 500 feet in all directions of the property to be rezoned, as well as to the owner, agent, or occupant of the property to be rezoned in the case of a rezoning initiated by the Haymarket Town Council. If any portion of a planned development district is within 500 feet of the property to be rezoned, then notice shall be given to the homeowner association within the planned development district that has members owning property located within 2,000 feet of the property to be rezoned. Notice shall be sent at least five days before the public hearing to the last known address as shown on the current real estate tax assessment books or current real estate tax assessment records, and the person sending such notice shall make an affidavit, and file it with the papers in the case, that such notice was mailed. Written notice for special use permits shall be sent by first class mail by the town planner or his designee for such permit to the owner, agent, or occupant of each property, in all directions, within 500 feet of the site of the proposed special use, as well as to the owner, agent, or occupant of the property that is the subject of the special use permit in the case of a special use permit initiated by the Haymarket Town Council. Such notice shall be in a form approved by the town planner and shall be mailed at least five days before the date of the public hearing to the last known address as shown on the current real estate tax assessment books. If the hearing is continued. notice shall be re-mailed. The applicant shall make an affidavit that such notice was mailed in accordance with these provisions and shall file the affidavit with the town planner at least five days before the date of the public hearing.

(3)

When a proposed map amendment involves a change in the zoning map classification of more than 25 parcels of land, written notice shall be sent by first class mail by the town planner, or his designee, to the owner, owners, or their agents of each parcel of land involved. Notice shall be sent at least five days before the public hearing. one notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that the town planner, or his designee, shall make affidavit that such mailings have been made, and shall file such affidavit with the papers in the case. Nothing in this subsection shall be construed as to invalidate any subsequent adopted amendment or ordinance because of the inadvertent failure by the town planner, or his designee, to give written notice to the owner, owners or their agents of any parcel involved.

(4)

Notice of a map amendment or special use permit shall be given by the posting of at least one sign on the property involved at least 15 days prior to the date of the public hearing. Additional signs shall be required for properties with more than one road frontage, or properties with more than 200 feet of frontage along one road. Such signs shall be supplied by the town planner, and shall be posted by the applicant, who shall make an affidavit that posting in accordance with these provisions was done and shall file such affidavit with the planning director within three days after posting of the property. Such signs shall be posted between three and six feet in height in the following manner:

a.

All signs shall be posted so as to assure the greatest public visibility practical. Signs shall be posted adjacent to the street right-of-way abutting the site, no more than ten feet from the edge of said right-of-way. If more than one street abuts the site, at least one sign shall be posted along each abutting street. If no street abuts the site, at least one sign shall be posted along the closest public street, with a note added to locate the property in direction and distance from the sign. If more than one sign is posted along the same road frontage, such signs shall be posted at least 200 feet apart.

b.

The applicant shall be responsible for maintaining the signs in good condition until the public hearing and shall replace damaged or removed signs as soon as practical. It shall be a violation of this chapter to damage or remove a public notice sign erected under these provisions, and each sign shall carry a warning to this effect.

c.

All signs shall be removed by the applicant within ten days of the final action of the planning commission and/or Haymarket Town Council.

(5)

In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessee's association, respectively, in lieu of each owner.

(6)

A party's actual notice of, or active participation in, the proceedings for which written notice is required, shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice required by this section.

(7)

When (i) a comprehensive plan or amendment thereto, (ii) a proposed change in zoning map classification, or (iii) an application for special exception for a change in use involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, military airport, excluding armories operated by the Virginia National Guard, or licensed public use airport, then written notice shall be given consistent with Code of Virginia, § 15.2-2204(D).

(8)

When a proposed amendment to the zoning ordinance involves a tract of land not less than 500 acres owned by the Commonwealth or by the federal government, and when the proposed change affects only a portion of the larger tract, notice shall be given consistent with Code of Virginia, § 15.2-2204(B).

(9)

When a proposed amendment to the zoning ordinance or application for public facility determination or special use permit includes a proposal to exceed the maximum height permitted within the subject zoning district, written notice as required in subsections (2) and (3) above shall be provided to the owner, agent, or occupant of each parcel within 1,320 feet in all directions of the land involved.

(Ord. No. 2021-002, 11-23-2021)

(a)

Prior to a public hearing on a zoning text amendment before the planning commission or board of county supervisors, notice as required by this section shall be given. The planning commission shall not recommend, nor the board of county supervisors approve any zoning text amendment until such notice is given. Notice of such amendment need not be advertised in full, but may be advertised by reference, provided that the place where copies of such amendments may be viewed shall be included in the notice.

(b)

When a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of more than 25 parcels of land, then, in addition to the advertising requirements of section 58-3.4.1, written notice shall be given by the planning director, or his designee, 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 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 Code of Virginia, §§ 15.2-2240 et seq., where such lots are less than 11,500 square feet. Nothing in this subsection shall be construed as to invalidate any subsequent adopted amendment or ordinance because of the inadvertent failure by the planning director, or his designee, to give written notice to the owner, owners or their agents of any parcel involved.

(Ord. No. 2021-002, 11-23-2021)

(a)

Whenever the public necessity, convenience, general welfare, or good zoning practice require, amendments to the text of this chapter may be proposed by resolution of Haymarket Town Council, or by resolution of the planning commission stating the public purposes, therefore.

(b)

Amendments may be proposed using either specific language, or as a narrative, descriptive request.

(c)

When proposed, amendments shall be reviewed, considered, and acted upon as set forth in sections 58-3.19 et seq. of this chapter.

(d)

Zoning text amendments that decrease the allowed dwelling unit density of more than 25 parcels of land shall give written notice of such amendments per section 58-3.5.

(Ord. No. 2021-002, 11-23-2021)

(a)

Amendments to the zoning map, including amendments to any conditions previously proffered by an applicant and accepted by the Haymarket Town Council, may be initiated as follows:

(1)

By resolution of the Haymarket Town Council; or

(2)

By resolution of the planning commission; or

(3)

By application of the property owner for his property. An agent for a property owner, or a contract purchaser (with the owner's written consent), may make an application on the owner's behalf, provided a legally sufficient power of attorney, as approved by the town attorney's office, has been executed by the owner. Such power of attorney shall provide that the town may rely upon signature of the agent as constituting that of the owner for all purposes of this chapter unless the owner shall serve notice of revocation by registered or certified mail, upon the town planner. The signatures to such power of attorney or notice of revocation shall be attested. Such an application shall be deemed to have initiated a zoning map amendment only when made in proper and complete form, as set forth by this part, as applicable. In order for proffered conditions to be considered part of an application, they shall be prepared in accordance with the requirements of section 58-3.17.

(b)

When initiated, amendments to the zoning map shall be reviewed, considered, and acted upon as set forth in sections 58-3.19, et seq. of this chapter. The town shall be under no obligation to consider a property owner's application for a zoning map amendment that does not meet the standards set forth in sections 58-3.11 et seq. of this chapter.

(c)

An amendment to any planned district or proffered condition shall be considered as an amendment to the zoning map.

(Ord. No. 2021-002, 11-23-2021)

For those minimum development standards specifically permitted by any provision of this chapter or other town ordinance that may be waived or modified by special use permit or proffer approved by the Haymarket Town Council, an application for such waiver or modification shall be made in accordance with the provisions of this part 3 and may constitute the whole of or a part of such application.

(Ord. No. 2021-002, 11-23-2021)

(a)

A preapplication conference may be requested by any person planning to seek a zoning map change or

(b)

Special use permit pursuant to the provisions of this chapter.

(c)

The purpose of a pre application conference shall be for a property owner to outline for planning staff a proposed development of his property and to seek a determination from the town planner as to the submission requirements applicable to the application in accordance with the provisions of sections 58-3.4 through 58-3.16.

(d)

At or following the pre application conference, the town planner or his designee shall notify the applicant detailing the submission requirements that must be satisfied in order for the application to be deemed complete.

(Ord. No. 2021-002, 11-23-2021)

(a)

Amendments to the zoning map initiated by resolution of the planning commission or Haymarket Town Council shall be prepared by the town planner in accordance with the requirements of this section.

(b)

An application for rezoning on resolution of the planning commission or Haymarket Town Council shall be deemed complete when it contains the following:

(1)

Copy of resolution initiating consideration of the zoning map change;

(2)

Description of land subject to the application;

(3)

Map depicting land subject to the application;

(4)

Existing and proposed zoning classifications of land subject to the application;

(5)

Existing zoning classification of all property within 200 feet of the parcel boundaries of the land subject to the application;

(6)

The names and addresses of all parcels subject to the application; and

(7)

The names and addresses of parcels for notice of public hearing as required by section 58-3.4.

(Ord. No. 2021-002, 11-23-2021)

An application by an individual property owner shall be made to the town planner and shall include the items listed in this section. Except for the filing fee, and unless otherwise determined at a pre application conference, six collated sets of the following information, shall be submitted:

(1)

A fully completed application form (which shall be supplied by the town planner) signed by the property owner (or duly authorized agent). The application form shall include the name and current mailing address of the applicant and all record owners of the property with a ten percent or greater interest, the zoning classification sought, and any other information as may be reasonably required by the town planner on the application.

(2)

The latest deed for the property and an accurate plat of the property of a scale of one-inch equals 100 feet or less prepared by a certified land surveyor, which shall show:

a.

Bearings and distances of a scale of one inch represents 100 feet or less for all property lines and existing and proposed zoning district lines;

b.

Area of land proposed for consideration, in square feet or acres;

c.

Scale and north point;

d.

Names of boundary roads or streets and widths of existing rights-of-way;

e.

Each area of requested map amendment outlined in red.

(3)

A written boundary description of the land, which is the subject of the application, which must conform to the plat information.

(4)

A general development plan, as set forth by section 58-4.12.

(5)

The names and mailing addresses, as listed in the current real estate tax assessment books or current real estate tax assessment records, of all property owners, in all directions, within 500 feet of the perimeter of the property to be rezoned. Even if less than the entire record parcel is to be rezoned, then the names and addresses of all property owners within 500 feet of the parcel boundaries shall be provided. When a proposed rezoning includes a proposal to exceed the maximum height permitted within the subject zoning district, the names and mailing addresses required herein shall be provided for all property owners within 1,320 feet in all directions of the land involved.

(6)

Additional information as required by sections 58-4.12 through 58-4.15.

(7)

A filing fee, in the amount established by the Haymarket Town Council pursuant to resolution.

(8)

An inventory of the historical records research completed including the maps and documents available for prehistoric and historic resources. The sources consulted for determining that the site has or does not have special significance shall be referenced, and shall include, but not be limited to the following:

• Town of Haymarket Comprehensive Plan, Cultural Resources Element.

• The Virginia Department of Historic Resources; Archaeological and Architectural Site Survey Files.

• The Prince William County Cemetery Inventory.

(9)

A phase I cultural resources survey, performed in accordance with the guidelines of the Virginia Department of Historic Resources, with the scope of work approved by the town, for property that is on the town register of historic sites as shown in the comprehensive plan, and for property within highly sensitive areas for cultural resources on the high sensitivity areas and town registered historic sites map of the comprehensive plan, or as indicated as having a medium to high potential on the application's cultural resources assessment and records check.

(10)

Traffic impact analysis.

(11)

A narrative description analyzing the consistency of the application responding to the intent, goals, policies, and action strategies for each element of the comprehensive plan.

(12)

If proposed, provisions for affordable housing units for any development on which a residential component is to be constructed.

(Ord. No. 2021-002, 11-23-2021)

The elements required in the general development plan shall be determined by the town planner or his designee following the pre application conference required by section 58-3.9 based upon the size, scale, complexity, and impact of the proposed rezoning. When required, each element of the general development plan shall conform to the standards set forth hereafter unless specifically waived or modified by the town planner or his designee:

(1)

A general development plan meeting the requirements of this section shall be submitted as part of an application for a zoning map amendment requested by a landowner.

(2)

The general development plan shall be a written, graphic, and/or visual statement of the uses intended for the subject property, justification for the proposed zoning map amendment, and other information necessary for an orderly and expeditious review of the application. All data and other information shall be submitted in writing or by use of demonstrative materials.

(3)

All statements, plans, profiles, elevations, and other demonstrative materials comprising the general development plan shall become part of the record of the hearing on the application for an amendment. Any model must be accompanied by eight-by-ten-inch clear photographs showing a top view, an isometric view, and each side view of the model.

(4)

All written statements and all plans, profiles, elevations and other illustrative or demonstrative materials shall be presented on a sheet or sheets having a size of no larger than 24 by 36 inches. If prepared on more than one sheet, match lines shall clearly indicate where the several sheets join. All sheets shall be folded to a size not greater than nine by 12 inches.

(5)

Topography shall be shown by contour lines. The contour interval shall not be more than five feet. The contours shall be shaded in a graphic technique showing slope conditions of 15 to 25 percent and another distinguishing graphic technique showing greater than 25 percent slope.

(6)

An environmental constraints analysis showing slopes shaded as required by subsection (5) above and a proposed limits of disturbance line. The analysis shall include a written description and generalized mapping of natural site conditions, with an emphasis on those significant environmental features that could be affected by the proposed development and those that will be retained upon completion of the project. The analysis shall also describe avoidance efforts and/or mitigation techniques to minimize the environmental impacts of the proposal. The mapped information shall show the following:

a.

Approximate delineation of all wetland areas and Chesapeake Bay Resource Protection Areas;

b.

Areas of 15 percent slope and greater;

c.

Impervious and proposed pervious surfaces;

d.

Areas that will remain in a natural or undisturbed state upon completion of a project (including woodland conservation areas);

e.

Potential habitat for or actual occurrence of endangered or threatened plant and animal species and species of special concern;

f.

One-hundred-year floodplain boundary, as approved by the Federal Emergency Management Agency and/or the County;

g.

Areas of highly erodible, highly permeable, and marine clay soils; and

h.

Vegetative cover types.

(7)

A schematic land use plan, at a scale of one-inch equals 100 feet or less shall be provided showing the proposed traffic circulation plan including major streets, connection to existing public roads and major pedestrian, or bike paths; all proposed major open space areas; the approximate location of all proposed community and public facilities and the proposed plan for all major sanitary sewers, water systems and storm water management and drainage improvements and the location of all buildings and other structures. The plan shall describe with specificity the means of transportation access to and from the property, and adjacent properties if appropriate, and shall include an estimate, prepared by an appropriate expert, of the traffic that will be generated by the property and its use if rezoned.

(8)

a.

Written statement setting forth the following shall also be included:

1.

All use(s) proposed for the property, including a detailed description of the operation(s) and any special processes, conditions, hazards, safety concerns or impacts on public facilities or the public health, safety and welfare associated with the proposal.

2.

Those general areas that have historic or scenic assets, or natural features deserving of protection and preservation, shall be indicated along with a statement of how protection and maintenance of same will be accomplished. Existing cemeteries shall be identified and the measures to protect them or relocate them in accordance with state law shall be addressed.

3.

The method by which adjacent and neighboring properties shall be protected from the adverse effects of the proposed development, including vehicular access plans, proposed measures and types of landscaping and buffering, and peripheral setback and yard requirements.

4.

The maximum height of all proposed structures in the development.

5.

The maximum number of dwelling units proposed, maximum lot coverage, and/or maximum floor area ratio (F.A.R.) as appropriate.

6.

The special amenities to be provided within the development, including a statement of commitment to landscaping with indigenous, drought tolerant species listed in the zoning ordinance.

7.

All off-site improvements that are proposed, such as roads, water, and sewer and drainage facilities.

8.

The proposed development phasing plan and its relationship to the applicant's provision of supportive utilities, facilities, roads, and other services, including the projected wastewater flows for each phase.

9.

Any proposed signs that will not meet the standards of sections 58-15.1 et seq. of this chapter when signage proposed for the project is specified in a proffer statement.

10.

Additional information as desired by the applicant.

11.

Any modifications or waivers proposed pursuant to section 58-4.8.

(Ord. No. 2021-002, 11-23-2021)

(a)

The master zoning plan (MZP) shall be prepared using a convenient scale so that the entire parcel can be shown on a single sheet of paper no larger than 30 inches by 42 inches. The town planner may approve submission of plans on more than one sheet so long as one sheet depicting the entire project is submitted.

(b)

Any provision of any matter submitted with the master zoning plan that is to be considered for illustrative purposes and is not intended to comprise part of the master zoning plan shall be clearly labeled as such.

(c)

The elements required to be addressed in the master zoning plan shall be determined, by the town planner, in accordance with the provisions below, following the pre application conference in accordance with section 58-3.9, based upon the size, intensity, scope and impacts of the proposed development.

(d)

The master zoning plan shall include the following:

(1)

Information required for general development plans as described in section 58-3.12; and

(2)

The location of property lines, watercourses, or lakes, known cemeteries, wooded areas, existing roads, entrances, subdivisions and major landmarks, which are within the property, and within 500 feet of the property.

(3)

The general boundaries of each proposed section, land use, density, or intensity, principal street systems, recreation areas or public use areas to be located within the project.

(4)

Proposed general land use areas shall be designated by land bays. The general sizes of land bays proposed for consideration shall be determined by the town planner as part of the pre application conference required by section 58-3.9. Designation of uses within each land bay shall be consistent with the comprehensive plan land use designation, in accordance with the provisions of this chapter. Minimum and maximum development densities for residential uses or floor area ratios for nonresidential uses shall be established for each land bay and tabulated in accordance with the requirements of subsection (e) below.

(5)

A table which shows, for each land bay designated in accordance with subsection (d) above, range of the uses, number of dwelling units for residential areas or square feet of floor space for commercial, office or industrial areas and their respective acreage, which are proposed for the site.

(6)

Those specific features in response to the impacts identified in an environmental constraints analysis, pursuant to section 58-3.12(6), that the developer proposes to enhance the effects of the development through the provision of undisturbed open space. These features may be shown on one or more sheets, or submitted in narrative form, or both, provided they are clearly labeled as part of the master zoning plan or incorporated into any proffer statement.

(e)

Upon approval of an application, the master zoning plan shall determine the general layout of the development, the uses permitted in the land bays shown on the master zoning plan, and the general size and capacity of public improvements shown (but not their specific location, unless so proffered).

(Ord. No. 2021-002, 11-23-2021)

(a)

A development analysis shall be prepared by the applicant to describe and analyze the probable effects of the proposed development upon the town, and the applicant's plans for preservation of the sensitive environmental features identified in the environmental constraints analysis. The matters the applicant shall be required to address in the development analysis shall be determined by the town planner, following a pre application conference pursuant section 58-4.9, based upon the size, intensity, scope and impacts of the proposed development.

(b)

The town planner shall require the development analysis to address the following as applicable:

(1)

Land use proposal: The applicant shall submit a land use proposal which shall address, but not be limited to, the following:

a.

Proposed mix of uses;

b.

Methods of integrating and unifying architectural and site design within land bays;

c.

Proposed landscaping features;

d.

Proposed public amenities;

e.

Proposed recreational facilities and other common open space; and

f.

Relationships of proposed uses and site design within the district to the land use classifications of the comprehensive plan and existing zoning in areas adjacent to the proposed planned development.

(2)

Historic sites and landmarks analysis: The applicant shall identify and address the potential effects on significant cultural resources (architectural, historical, and archaeological), and cemeteries or grave sites, in accordance with the requirements of subsections 58.3.12.8 and 58.3.12.9 and state how these effects will be mitigated. The applicant may be requested to conduct more detailed studies in historically or archaeologically sensitive areas should review of the application demonstrate the probable existence of such areas, and the need for their evaluation and protection.

(3)

Water and sanitary sewer: The applicant shall provide a plan to serve the proposed development adequately.

(4)

General open space plan: The applicant shall prepare a general open space plan. The plan shall identify proposed tree save areas, conservation areas, and buffer areas between potentially incompatible uses and along the boundaries of the proposed planned development. The proposed method of buffering shall be clearly articulated and shown on the master zoning plan. The general boundaries of the proposed open space areas shall also be shown on the master zoning plan.

(c)

The town planner may require the development analysis to address any or all of the following:

(1)

Transportation system analysis and plan: The applicant shall prepare a transportation study and plan, which shall include at a minimum the information required by subsections 58-4.10, and 58.3.12.4 of this chapter.

(2)

Development phasing plan: The applicant shall prepare a development phasing plan which identifies in what order and how proposed public utilities, public facilities and other improvements and amenities necessary to support the project will be constructed, dedicated, or reserved.

(3)

Architectural plan: The applicant shall submit an architectural plan that addresses building materials, building heights, site design amenities, parking, landscaping, etc. The plan shall also address any means by which the applicant will ensure that such architectural plan would continue to govern development through its completion.

(4)

Special or unique landscape treatments: The applicant shall submit plans and/or elevations of entry features and streetscapes proposed within the development.

(d)

Additional conditions: The applicant shall also address other topics that may be deemed appropriate by the applicant or town planner. These may include but not be limited to proposals for affordable housing, pedestrian and bikeway systems, road improvements beyond those necessary to serve the project, park facilities and other improvements.

(e)

The development analysis shall be considered by the planning commission in its decision whether to recommend and the Haymarket Town Council whether to grant or deny an application for rezoning to a planned development district. To the extent that the master zoning plan makes specific reference to one or more features of the development analysis, such features shall be deemed incorporated into the master zoning plan unless such reference clearly notes it is made only for illustrative purposes or exception to such incorporation is otherwise clearly and specifically taken.

(Ord. No. 2021-002, 11-23-2021)

As part of a planned development district application, except for allowable density, an applicant may request that a waiver of or modification to specific development standards of the subdivision ordinance, this chapter or the requirements of the zoning ordinance be granted.

(1)

An applicant shall provide written justification for all proposed waivers or modifications that demonstrates that the request is necessary due to the unique characteristics of the specific property, or the activity proposed is based on previously submitted and approved submission documents, provided such waivers or modifications will not conflict with the fulfillment of the purpose of this section.

(2)

The applicant shall propose an alternative or modified approach to fulfill the intent of the standard being waived or modified.

(3)

All modifications or waivers must demonstrate that the alternative proposal fulfills or exceeds the intent and purpose of the regulation being modified or the Comprehensive Plan.

(4)

The Haymarket Town Council may approve or disapprove such a request as specifically identified in the council's motion, in whole or in part.

(5)

The approval of any waiver or modification requests will be reflected in the approved rezoning.

(6)

The depiction of a modification or waiver upon plans required by this section shall not of itself authorize such waiver or modification.

(Ord. No. 2021-002, 11-23-2021)

Subject to approval by the town planner or designee, site and subdivision plans may be concurrently processed with a rezoning application upon the request of the applicant if the applicant acknowledges in writing responsibility for costs related to site and subdivision plan submittal regardless of whether the rezoning application is approved or denied. Concurrent processing of site and subdivision plans shall be limited to rezoning applications for targeted industries, planned development districts, nonresidential uses and residential projects including a qualified affordable housing component, either or both of which shall be in accordance with the long-range land use designation of the comprehensive plan, or as otherwise authorized by the town planner. Submission of the plans may occur after receipt of agency comments upon first review of the application.

(Ord. No. 2021-002, 11-23-2021)

(a)

Any applicant for a zoning map amendment (rezoning) may, as a part of his application, proffer reasonable conditions concerning the use and development of his property, including also off-site improvements that may serve or benefit his property and the public welfare. Proffers shall be signed and acknowledged by the owner of the property, or any agent authorized by a power of attorney meeting the requirements of subsection 58-3.7.1(c).

(b)

Every proffer statement shall state that the applicant proffers that use and development of the property shall be in strict accordance with the proffered conditions. Any revised proffer statements shall state that it supersedes any proffer statements previously submitted and shall either show the revisions by appropriate annotation on its face or by reference to a narrative description of changes submitted at the same time. In the event the applicant proffers to develop and use his property in accordance with the schematic land use plan, or other plans, proffers, elevations, demonstrative materials, and written statements submitted as part of the general development plan, the proffer statement shall so state, and each copy of such materials shall so provide, in accordance with the provisions of the adopted proffer policy. In the event of an inconsistency between a specific written proffer and a depiction upon a proffered general development plan, the proffered text shall control.

(c)

The Haymarket Town Council, when acting on an application for a zoning map amendment, may adopt as a part of the zoning map the proffered conditions, in whole or in part, set forth by the applicant. Once adopted by the Haymarket Town Council, such proffered conditions shall be binding on the use and development of the property and shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such 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 and/or zoning map.

(d)

Proffered conditions adopted by the Haymarket Town Council shall be in addition to the regulations provided for the zoning district by the text of this chapter. Except as standards that are specifically permitted to be modified or waived by the Haymarket Town Council, as part of a rezoning or special use PERMIT approval, development shall conform to mandatory standards in effect at the time of final plan approval if such standards exceed proffered conditions accepted at the time of rezoning.

(e)

The zoning map, and other appropriate files maintained by the zoning administrator, shall reference the existence of adopted proffered conditions attached to various properties. Any site plan, subdivision plan, development plat or permit application thereafter submitted for development of property to which proffered conditions have attached shall conform with all such conditions and shall not be approved by any town official in the absence of such conformity. For the purpose of this section, conformity shall mean such conformity which leaves a reasonable margin of adjustment due to final engineering data but conforms with the general nature and intent of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations, and other demonstrative materials presented by the applicant.

(f)

Minor modifications. In addition to those determinations the zoning administrator may make pursuant to section 58-3.30, the town planner may make minor modifications as follows:

(1)

At the request of an applicant, minor modifications of adopted proffers shall be approved by the town planner or designee without requiring a subsequent amendment to the zoning of the property or the adopted proffered conditions. The town planner shall only approve a minor modification when the modification meets the definition of conformity specified in paragraph (e) of this section.

(2)

Minor modifications shall not be approved when the modification would exceed minimum or maximum standards prescribed by this chapter. Subsequent minor modifications of adopted proffers which have already been modified shall be permitted in accordance with the provisions of this paragraph, provided that the cumulative degree of modification does not exceed minimum or maximum standards prescribed by this chapter.

(3)

For the purpose of this section, minor modifications shall be determined to conform with the adopted proffers when the modification meets one or more of the following criteria:

a.

An increase in the maximum number of children approved for a child-care facility, so long as the approved number does not exceed (1) five percent of the maximum number of children listed in the adopted proffered conditions; or (2) additional children, whichever is greater. The approval of a minor modification shall not increase the maximum number of children permitted for a child-care facility beyond a maximum prescribed by the Code of Virginia or any other applicable law or regulation.

b.

An increase in the permitted number of adults for an adult day-care facility, so long as the approved number does not exceed (1) five percent of the maximum, number of adults listed in the adopted proffers; or (2) one additional adult, whichever is greater, and so long as the minimum off-street parking requirement can be attained.

c.

An increase in the maximum number of students approved for a private school, so long as the approved number does not exceed five percent of the maximum number of students listed in the adopted proffered conditions.

d.

A modification to the approved building materials, architectural style, or color of building design features, so long as the overall intent as depicted in the approved proffers is maintained.

e.

An increase in the permitted number of employees, so long as the approved number does not exceed (1) five percent of the maximum employees listed in the adopted proffered conditions; or (2) one additional employee, whichever is greater and so long as the minimum off-street parking requirement can be attained.

f.

An increase in the number of rooms or units at an assisted living facility, so long as the approved increase does not exceed (1) five percent of the maximum number, listed in the adopted proffered conditions; or (2) additional rooms, whichever is greater.

g.

Changes in a building's minimum floor area ratio (FAR) specified in an adopted proffered condition, so long as the building's gross floor area is increased or reduced by no more than 0.1 FAR and so long as the maximum gross floor area is not increased beyond the maximum gross floor area prescribed in the zoning district standards.

h.

Changes in a building's minimum or maximum height specified in an adopted proffered condition, so long as the building's height is increased or reduced by no more than ten feet and so long as the height is not increased beyond the maximum height prescribed in the zoning district standards.

i.

Changes to a stormwater management facility as depicted on an approved master zoning plan or approved generalized development plan, so long as no additional land disturbance would be required beyond that shown in the plan's limits of clearing and grading to the satisfaction of the public works director, or designee.

j.

Minor changes to the site layout or configuration, provided impacts to adjacent properties are mitigated.

(Ord. No. 2021-002, 11-23-2021)

(a)

The zoning administrator shall be vested with all necessary authority on behalf of the Haymarket Town Council to enforce conditions that have attached to special use permits, or to rezoning (zoning map amendments) which have been proffered by an applicant for rezoning and accepted by the Haymarket Town Council in accordance with the provisions of the chapter. The zoning administrator may, in exercise of his discretion, issue a violation notice and correction order that orders the remedy of any noncompliance with any such conditions, or bring legal action to ensure compliance including injunction, abatement or other appropriate action or proceeding including the institution of criminal process; or any combination of the above deemed necessary to obtain compliance.

(b)

As part of the bonding procedures established, the zoning administrator or other town official designated by the administrator may require with final plans of any owner a guarantee (bond, assurance, sanction) satisfactory to the Haymarket Town Council in an amount sufficient for and conditioned upon the construction of any physical improvements required by such conditions or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee may be reduced or released by the town planner upon the submission to the administrator or his designee of satisfactory evidence that the construction of such improvements has been completed in whole or in part, as appropriate.

(c)

Failure to meet or comply with any such condition shall be sufficient cause to deny the approval of site plans, subdivision plans, or the issuance of building permits, occupancy permits or other permits or licenses, as may be appropriate. Upon receipt by any public official of appropriate written notice of failure to meet such conditions, signed by the zoning administrator, said public official shall not issue any approvals, permits or licenses to the alleged violator until such official has received written notification from the zoning administrator that the applicant for approvals, permits or licenses has remedied all noncompliance with such conditions.

(d)

Any applicant for approvals, permits or licenses who is aggrieved by a decision of the zoning administrator pursuant to the provisions of this section may petition either the Haymarket Town Council or the board of zoning appeals for a review thereof, by filing a written notice thereof with the town clerk and the zoning administrator within 30 days after notice of the decision has been received. Said 30-day period shall be deemed jurisdictional. Such notice shall set forth with reasonable specificity the basis for such appeal and shall include payment of such fee as may be set by the Haymarket Town Council. The Haymarket Town Council or the Board of zoning appeals shall act upon any appeal within 30 days unless there is no regular meeting scheduled, in which case the Haymarket Town Council or the board of zoning appeals shall act at its next regular meeting. The decision of the Haymarket Town Council or the board of zoning appeals on such appeal shall be final.

(Ord. No. 2021-002, 11-23-2021)

Every proposed amendment to the text of this chapter or zoning map shall be reviewed as provided for in the following sections.

(Ord. No. 2021-002, 11-23-2021)

(a)

When an amendment to the text of this chapter has been proposed, and when an amendment to the zoning map has been initiated, the town planner shall cause the amendment to be expeditiously reviewed by such staff, departments, offices, agencies, or other personnel as he finds appropriate.

(b)

In the case of an application for a zoning map amendment, the review shall include an examination of the applicant's proffer statement, if any. The town planner, or his designee, may suggest revisions to the proffer statement in order to clarify the proffers volunteered by the applicant. In addition, before the application is scheduled for a public hearing before the planning commission, the town planner or his designee shall present to the applicant a summary of the findings of the review in order that the applicant may make modifications of his application should he desire to do so. No substantial change shall be made in any proffered condition after the public hearing commences before the Haymarket Town Council, unless it is readvertised in accordance with the provisions of this chapter.

(c)

Proposed amendments shall be considered with reasonable consideration for the:

(1)

Existing use and character of the area;

(2)

of the property for various uses;

(3)

Trends of growth or change;

(4)

Current and future requirements of the town as to land for various purposes as determined by population and economic studies and other studies;

(5)

Transportation requirements of the community and the town's requirements for parks, playgrounds, recreation areas, other public services, or the conservation of natural resources and preservation of floodplains; and

(6)

Conservation of properties and their values and the encouragement of most appropriate use of land throughout the town.

These considerations shall include but are not limited to comprehensive plans or their parts, capital improvement programs, relation of development to roads and construction programs, and the proximity of the development to utilities and public facilities.

(d)

Reviewing agencies shall evaluate the application. A written summary of their findings and recommendations shall be forwarded to the town planner in accordance with the schedule established for the application.

(e)

After the town planner shall have presented a summary of the review findings to the applicant, the application shall be referred to the planning commission for public hearing. The town planner shall not be required to refer such application immediately, but shall consider the applicant's preference, the planning commission's schedule, and the appropriate use of town staff.

(f)

When referring an application to the planning commission, the town planner shall cause a report to be prepared for the commission's review, and such report shall include a recommendation on the application.

(g)

Amendments to the zoning map not initiated by an application of a property owner, and amendments to the text of this chapter, shall be referred to the planning commission in a timely fashion after a report, including recommendation, shall have been prepared by the town planner or his designee.

(Ord. No. 2021-002, 11-23-2021)

(a)

The planning commission shall hold at least one (but may hold more than one) public hearing on all text and map amendments. The commission may continue a public hearing until another date; or close a public hearing but continue consideration of the amendment until another date; or it may make its recommendation following the first public hearing. In addition, the commission may reopen a closed public hearing to receive additional public comment, provided notice of such a reopened hearing shall be given in accordance with the provisions of this chapter. At the first public hearing (and at subsequent hearings as is necessary) the town planner, or his designee, shall present to the commission the report and recommendation of the planning office.

(b)

The planning commission shall have 90 days from the date of the first public hearing to consider an amendment to the text, the zoning map, or both. Failure of the commission to make a recommendation within the 90-day time period shall be deemed a recommendation of approval. However, if at any time after the date of the first public hearing an applicant shall make a change in the application, the commission shall have 90 days from the date the change is presented to the town planner within which to consider and make a recommendation on the amendment.

(c)

An applicant for a zoning map amendment may request that consideration of (and the recommendation on) his application be deferred past the 90-day time period established in subsection (b) above. Such request shall be submitted in writing to the chairman of the planning commission and the town planner before the public hearing, or, if such a request is made at the public hearing, it shall be reduced to a written request within five days. Such request, and the commission's resolution of deferral, shall contain a date certain for holding or resuming the public hearing. The commission shall then have 90 days from the date to which the application was deferred to consider and make a recommendation on the application, and failure to do so within that time period shall be deemed a recommendation for approval.

(d)

In making its recommendation to the Haymarket Town Council, the commission may recommend approval or denial of an amendment, or any part thereof as the public necessity, convenience, general welfare, or good zoning practice may require. The commission may also recommend modifications to an amendment, including, in the case of a zoning map amendment, a different zoning classification than requested, provided that if the zoning classification recommended is a more intense, or higher, classification than that requested, at least one additional public hearing, with notice given in accordance with the provisions of this chapter, shall be held. The commission may also, in the case of a zoning map amendment, recommend reducing the area of the proposed amendment; or may recommend increasing the area of the proposed amendment provided at least one additional public hearing, with notice given in accordance with the provisions of this chapter, is held.

(Ord. No. 2021-002, 11-23-2021)

(a)

Following the planning commission's recommendation on an amendment, the Haymarket Town Council shall hold at least one (but may hold more than one) public hearing on such amendment, with notice given in accordance with the provisions of this chapter. At such hearing(s) the town planner, or his designee, shall present to the Haymarket Town Council the report and recommendation of the planning commission and the planning office.

(b)

The Haymarket Town Council may continue a public hearing until another date; or close a public hearing but continue consideration of the amendment until another date; or it may take action following the first public hearing. The Haymarket Town Council shall have one year from the date a zoning map amendment is initiated to act on the amendment unless the applicant requests or consents to action beyond such period. This time period shall not include any length of time an application for a zoning map amendment was deferred at the request of the applicant. In addition, whenever an applicant shall make a change in his application, the one-year time period shall run from the date the change is received by the town planner.

(c)

Once notice of a public hearing before the Haymarket Town Council on an amendment is given in accordance with the provisions of this chapter, the applicant may make a substantial change in his application only if the application is referred back to the planning commission for further consideration and recommendation. The Haymarket Town Council shall determine whether a change is substantial.

(d)

In considering an amendment, the Haymarket Town Council may approve or deny the amendment, or any part thereof as the public necessity, convenience, general welfare, or good zoning practice may require. In the case of an amendment to the zoning map, the Haymarket Town Council may approve an amendment to a lesser area than initiated, and may approve a less intense, or lower, zoning classification than initiated. If the Haymarket Town Council desires to consider a zoning map amendment for a greater area, or to a more intense, or higher, zoning classification than initiated, the amendment shall be referred back to the planning commission for further consideration and recommendation. In such a case, the process described in section 58-4.21 of this chapter shall apply.

(Ord. No. 2021-002, 11-23-2021)

The planning commission, in considering its recommendation on an amendment, and the Haymarket Town Council, in considering what action to take on an amendment, shall review the amendment with consideration for the purposes and intent of this chapter. In addition, only those written and graphic materials that have been referenced in a proffer statement may be displayed at any public hearing before the planning commission or the Haymarket Town Council.

(Ord. No. 2021-002, 11-23-2021)

In determining whether site and subdivision plans submitted are in conformity with a zoning map amendment, the zoning administrator shall give weight to the following, in descending order of importance:

(1)

This chapter 58.

(2)

Any other applicable federal, state, or local law, ordinance or regulation.

(3)

applicant's proffer statement, if any.

(4)

master zoning plan, if any.

(5)

development analysis, if any.

(6)

staff report prepared for consideration by the Haymarket Town Council at the time of rezoning.

(Ord. No. 2021-002, 11-23-2021)

(a)

An application for a special use permit may be made by a property owner, for his property, for any special use permitted in the zoning district in which his property is located. A duly authorized agent for an owner may make application, provided a legally sufficient power of attorney, meeting the requirements of subsection 58-3.7.1(c) as approved by the town attorney's office, has been executed.

(b)

In addition to an application by a property owner, a special use permit application may be initiated by resolution of the Haymarket Town Council, or by resolution of the planning commission.

(c)

An application for a special use permit shall be made to the planning office and shall include the items listed in this section. Except for the filing fee, and unless otherwise determined at a pre application conference by the town planner or his designee, 8 collated sets of the following information shall be submitted:

(1)

Those items listed by subsections 58-3.11.1, 58-3.11.2, 58-3.11.3 and 58-3.11.5 through 58-3.11.12.

(2)

A special use permit plan. The elements required in the special use permit plan shall be determined by the town planner or his designee following the pre application conference required by section 58-3.9 based upon the size, scale, complexity, and impact of the proposed request. When required, each element of the special use permit plan shall conform to the standards set forth hereafter unless specifically waived or modified by the town planner or his designee:

a.

An environmental constraints analysis in accordance with section 58-3.12.6.

b.

Phasing plan, if applicable.

c.

Special signage proposals, if desired.

d.

General site grading plan.

(3)

Other information as desired by the applicant.

(4)

Such additional information as may be reasonably required by the town in order for the planning office, the planning commission, or the Haymarket Town Council to make a proper evaluation of the proposal, such as but not limited to:

a.

Hours of operation.

b.

Estimated number of patrons, clients, patients, pupils, etc.

c.

Estimate the distribution of traffic by mode and time of day.

(d)

Except for the filing fee, the town planner may waive the submission requirements, or any portion thereof, set forth in subsection (c) above, provided such information is not necessary for the proper review of the application.

(e)

The town shall be under no obligation to accept an application for a special use permit if it does not meet all of the requirements of section 58-3.2 of this chapter.

(Ord. No. 2021-002, 11-23-2021)

An application for a special use permit shall be reviewed in a manner similar to an application for a zoning map amendment, as set forth by sections 58-3.20, 58-3.21 and 58-3.22 of this chapter, provided, however, that the one-year time limit in section 58-3.22 shall not apply.

(Ord. No. 2021-002, 11-23-2021)

Site and subdivision plans can be concurrently processed with a special use permit application consistent with the long-range land use designation of the comprehensive plan upon the request of the applicant if the applicant acknowledges responsibility for costs related to site and subdivision plan submittal regardless of whether the special use permit application is approved or denied. The submission of plans may not be accepted until the first round of comments has been received from special use permit application review agencies.

(Ord. No. 2021-002, 11-23-2021)

The planning commission, in considering its recommendation on an application for a special use permit, and the Haymarket Town Council, in considering what action to take on an application for a special use permit, shall review such an application with consideration for the following factors:

(1)

The nature of the proposed use, including factors such as traffic, noise, light, hours of operation, and number of employees involved.

(2)

The character of the existing area, including existing structures and structures under construction, existing public facilities, and public facilities under construction, and private, commercial and/or service facilities available within the existing area.

(3)

The area's designation on the town's comprehensive plan, and relevant text provisions of the plan.

(4)

The minimum off-street parking area required, and the amount of space needed for the loading and unloading of trucks.

(5)

Whether the public health, safety and welfare will be preserved, and any reasonable conditions necessary for such preservation.

(6)

Any other factors relating to the purposes of zoning that the planning commission and/or Haymarket Town Council, in its legislative discretion, shall consider as relevant.

(Ord. No. 2021-002, 11-23-2021)

(a)

In approving a special use permit, the Haymarket Town Council may attach reasonable conditions, including an expiration date, to such approval with or without the applicant's consent. Once a special use permit is approved with conditions attached, such conditions shall be considered as a part of the text of this chapter and may be administered and enforced by the zoning administrator. A violation of an attached condition shall be considered a violation of this chapter.

(b)

A condition attached to the approval of a special use permit may only be modified by a subsequent application for a special use permit or by the approval of a minor modification in accordance with section 58-3.30.

(Ord. No. 2021-002, 11-23-2021)

(a)

After approval of a special use permit by the Haymarket Town Council, the applicant shall have one year to submit site or subdivision plans for the approved use and shall occupy the site and commence the use within five years of approval of the site plan, provided that the Haymarket Town Council may allow, at the time and as part of approval, a longer period. If the use has not begun as provided above, the special use permit shall be void, and the use may not thereafter be begun except upon approval of another special use permit.

(b)

After approval of a special use permit by the Haymarket Town Council, the use approved may intensify and/or expand, provided that any conditions attached to the approval shall not be violated. If intensification and/or expansion will violate any attached conditions, the intensification and/or expansion may be reviewed and approved as a minor modification or minor deviation pursuant to section 58-3.30. Intensifications and/or expansions which cannot be authorized as described herein and which are ineligible for review as a minor modification or minor deviation shall not be approved unless a subsequent special use permit application is approved that reflects the intensification and/or expansion.

(c)

Except for family day-care permitted and not conditioned upon site plan approval, all uses permitted by a special use permit shall require site plan approval in accordance with the provisions of this chapter.

(d)

If an approved special use ceases operation for a period of one year, for any reason, the special use permit shall become void, and thereafter the use may only be conducted after another special use permit has been approved.

(e)

A special use permit shall be transferable with the land, provided that the use for which it was obtained does not change.

(f)

Unless otherwise provided in the permit, a special use permit shall have an indeterminate duration provided that the use for which it was obtained is commenced as required in subsection (b) and continues without abandonment as provided in subsection (d) in accordance with its terms.

(Ord. No. 2021-002, 11-23-2021)

Minor deviations from an approved special use permit plan are allowed without filing of a new special use permit application provided all deviations are shown on a site or subdivision plan. The zoning administrator shall determine, prior to the approval of site or subdivision plans, that the deviation(s) do not substantially alter conditions of the approved special use permit or the approved special use permit master plan. If the zoning administrator can not authorize a minor deviation as described herein, the deviation may be reviewed and approved as a minor modification pursuant to paragraph (1) below. Minor deviations which cannot be authorized as described herein and which are ineligible for review as a minor modification may only be modified by a subsequent application for a special use permit.

(1)

Minor modifications. In addition to those determinations the zoning administrator may make pursuant to 58-3.3, the town planner may make minor modifications as follows:

a.

At the request of an applicant, minor modifications of adopted special use permit conditions shall be approved by the town planner or designee without requiring a subsequent amendment to the special use permit or the adopted conditions. Town planner shall only approve a minor modification when the modification meets the definition of conformity specified in paragraph 5 of section 58-3.17.

b.

Minor modifications shall not be approved when the modification would exceed minimum or maximum standards prescribed by this chapter. Subsequent minor modifications of adopted special use permit conditions which have already been modified shall be permitted in accordance with the provisions of this paragraph, provided that the cumulative degree of modification does not exceed minimum or maximum standards prescribed by this chapter.

c.

For the purpose of this section, minor modifications shall be determined to conform with the adopted special use permit conditions when the modification meets one or more of the following criteria:

1.

An increase in the maximum number of children approved for a child-care facility, so long as the approved number does not exceed five percent of the maximum, or a minimum of one, whichever is greater, number of children listed in the adopted special use permit conditions. The approval of a minor modification shall not increase the maximum number of children permitted for a child-care facility beyond a maximum prescribed by the Code of Virginia or any other applicable law or regulation.

2.

An increase in the permitted number of adults for an adult day-care facility, so long as the approved number does not exceed (1) five percent of the maximum number of adults listed in the adopted special use permit conditions; or (2), one additional adult, whichever is greater and so long as the minimum off-street parking requirement can be attained.

3.

An increase in the maximum number of students approved for a private school, so long as the approved number does not exceed (1) five percent of the maximum number of adults listed in the adopted special use permit conditions; or (2), one additional student, whichever is greater.

4.

A modification to the approved building materials, architectural style, or color of building design features, so long as the overall intent as depicted in the approved special use permit conditions shall be maintained.

5.

An increase in the permitted number of employees, so long as the approved number does not exceed (1) five percent of the maximum employees listed in the adopted special use permit conditions; or (2) one additional employee, whichever is greater and so long as the minimum off-street parking requirement can be attained.

6.

An increase in the number of rooms or units at an assisted living facility, so long as the approved increase does not exceed (1) five percent of the maximum number listed in the adopted special use permit conditions; or (2) one additional room, whichever is greater.

7.

Changes in a building's minimum floor area ratio (FAR) specified in an adopted special use permit condition, so long as the building's gross floor area is increased or reduced by no more than 0.1 FAR and so long as the maximum gross floor area is not increased beyond the maximum gross floor area prescribed in the zoning district standards.

8.

Changes in a building's minimum or maximum height specified in an adopted special use permit condition, so long as the building's height is increased or reduced by no more than ten feet and so long as the height is not increased beyond the maximum height prescribed in the zoning district standards.

9.

Changes to a stormwater management facility as depicted on an approved special use permit plan, so long as no additional land disturbance would be required beyond that shown in the plan's limits of clearing and grading, to the satisfaction of the public works director or designee.

10.

Minor changes to the site layout or configuration, provided impacts to adjacent properties are mitigated.

(Ord. No. 2021-002, 11-23-2021)

(a)

The Haymarket Town 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, following the procedures set forth in section 58-3.2 of this chapter.

(b)

After review by the planning office and consideration and recommendation by the planning commission, the Haymarket Town Council shall act on the proposal to revoke the special use permit. Grounds for revocation shall include (but not be limited to) the following:

(1)

A change in conditions affecting the public health, safety, and welfare since adoption of the special use permit; or

(2)

Repeated violations of this chapter, including any conditions attached to the special use permit, by the owner/operator of the use; or

(3)

Fraudulent, false, or misleading information supplied by the applicant (or his agent) for the special use permit; or

(4)

Improper public notice of the special use permit public hearing(s) when the permit was considered by the planning commission or the Haymarket Town Council; or

(5)

An error or mistake in fact that led to an arbitrary and unreasonable decision made by the Haymarket Town Council when approving the special use permit.

(Ord. No. 2021-002, 11-23-2021)

(a)

Upon denial of any application by a property owner for an amendment or special use permit, no further application concerning any or all of the same property that is substantially the same as the application denied shall be made within one year from the date of such denial.

(b)

An application for an amendment or special use permit may be withdrawn at any time; provided, that if the request for withdrawal is made after publication of the notice of any public hearing, no application for substantially the same amendment or special use permit on all or any part of the same property may be filed within six months of the withdrawal date.

(c)

In no event shall there be any refund of fees in the case of withdrawal after publication of the notice of any public hearing.

(d)

Whenever consideration of an amendment or special use permit is deferred after notice of any public hearing has been first published, the applicant shall bear the additional advertising costs.

(Ord. No. 2021-002, 11-23-2021)

If an applicant refuses or neglects to pursue his application for an amendment or a special use permit, the Haymarket Town Council may by resolution declare the application dismissed. Notice of intent to dismiss an application shall be sent certified mail, return receipt requested, to the applicant at the address listed on his application at least 15 days prior to the date the Haymarket Town Council has scheduled action on the proposed dismissal. If an application is dismissed, no fees shall be refunded, and for an application for a map amendment no other application substantially the same as the one dismissed shall be filed within one year of the date of dismissal.

(Ord. No. 2021-002, 11-23-2021)

Every action contesting a decision of the Haymarket Town Council adopting or failing to adopt a proposed zoning ordinance or amendment thereto affecting the map or text of this chapter or granting or failing to grant a special exception shall be filed within 30 days of such decision with the circuit court having jurisdiction of the land affected by the decision.

(Ord. No. 2021-002, 11-23-2021)