This article includes procedures and other requirements for applications: (1) for amending this ordinance, including the official zoning district map; (2) for amending this ordinance with proffered conditions; and (3) for applying for conditional use permits.

Unless modified by another provision of this article, the general procedures set forth in this section shall apply to all applications covered by this article.

A.

Submission of application. An application shall be submitted in writing on prepared forms provided by the zoning administrator. The application must be accompanied by the documents specified under Documents to be submitted with application in this article [subsection B. of this section].

B.

Documents to be submitted with application.

(1)

Official zoning district map change:

(a)

A legal description of the property affected by the application.

(b)

A plat showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable the property to be located on county maps.

(c)

The names and addresses as far as practicable of the property owners abutting the property or across the street from it.

(d)

A statement of any conditions proffered for conditional zoning applications.

(e)

A site plan showing the proposed development of the property in accordance with article 14.

(2)

Zoning text change:

(a)

Proposed wording or rewording of the text to be amended with references to the article, section and subsection that is proposed to be amended.

(b)

Narrative description of the purposes to be served by the proposed amendment and how it would change the regulations of this ordinance.

(3)

Conditional use permit:

(a)

A legal description of the property affected by the application.

(b)

A plat showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable the property to be located on county maps.

(c)

The names and addresses as far as practicable of the property owners abutting the property or across the street from it.

(d)

A site plan showing the proposed development of the property in accordance with article 14.

C.

Processing of application. After receiving the application, the zoning administrator shall first determine if all of the submission requirements of this section have been met. Should additional information be required before the application can be evaluated, the zoning administrator shall advise the applicant of any additional material to be submitted within 30 days after receipt of the application. Upon receipt of all submission requirements, the zoning administrator shall take the following actions:

(a)

Notify the applicant that the application has been received and is being processed for public hearing before the planning commission and the board of supervisors.

(b)

Provide other agencies with copies of appropriate documents when such agencies are required by other provisions of this article to review applications.

(c)

Arrange for notice of the public hearing to be held before the planning commission and board of supervisors on the proposal and perform other administrative duties relative to the application.

(d)

Prepare an analysis of the proposal and a written report to the planning commission and board of supervisors giving the staff's findings and observations concerning the proposal prior to the public hearings.

D.

Public hearings and advertisements.

(1)

The planning commission shall not recommend nor the board of supervisors approve any application for a change of zoning or a conditional use permit until an opportunity has been provided at one or more public hearings for citizens to appear and present their views concerning the application.

(2)

Prior to holding any public hearing, notice of intention to do so (notice) shall be given pursuant to Code of Virginia, § 15.2-2204.

(3)

The board of supervisors and the planning commission may hold a joint public hearing after notice on any proposed amendment or conditional use permit. Notice shall include, in addition to advertisement in a newspaper as required elsewhere in this article, the posting of a sign or signs on the subject property so as to be clearly visible from a public street. Such sign(s) shall be provided to the applicant by the county. The applicant shall place a deposit with the county as set by the board of supervisors and such deposit shall be refunded to the applicant upon the return of the sign in good condition.

E.

Action by planning commission.

(1)

This ordinance shall not be amended nor any conditional use permit approved unless the board of supervisors has referred the proposal to the planning commission for its recommendation.

(2)

For the convenience of the applicant, for the purposes of this section, once a property owner's petition has been filed with the zoning administrator, and the administrator shall certify that all of the submission requirements for an amendment have been met, including the payment of fees, the application shall be considered to have been referred to the planning commission by the board of supervisors without the formality of a meeting.

(3)

Prior to making its recommendation, the planning commission shall hold public hearing(s) after notice as required in this article. Following the hearing, the planning commission shall submit its recommendations to the board of supervisors.

In recommending the adoption of an amendment to this ordinance or the approval of a conditional use permit, the planning commission shall state its reasons for its recommendations, describing any recommended changes in conditions, if any. In addition, the commission should indicate whether the proposed amendment or conditional use permit is in conformity with the comprehensive plan.

(4)

The recommendations of the planning commission shall be made to the board of supervisors not more than 100 days after the first meeting of the commission after the proposed amendment has been referred to the commission.

Unless such proposed amendment or conditional use permit has been withdrawn by the applicant, failure of the commission to report its recommendations prior to the expiration of the 100-day time period shall be considered to be a recommendation for approval.

F.

Action by the board of supervisors. The board of supervisors shall give notice and hold public hearing(s) on the application as required in this article, after which it may make appropriate changes or corrections in the proposed amendment or conditional use permit. However, no additional land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice as required in this article. An affirmative vote of at least a majority of the members of the board of supervisors shall be required to amend this zoning ordinance.

Ordinances to amend the provisions of this ordinance shall be enacted in the same manner as all other ordinances.

G.

Reconsideration of application. In the event an application for an amendment to this ordinance or for a conditional use permit is denied by the board of supervisors, substantially the same petition will not be reconsidered within a period of six months from the date of the original denial.

H.

Fees. Fees for the filing of petitions to change the zoning classification of property shall accompany such petitions and shall be in such amounts as established by resolution of the board of supervisors.

A.

Basis of amendments. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, and subject to the requirements of Code of Virginia, § 15.2-2285, the board of supervisors may by ordinance amend, supplement or repeal the provisions of this ordinance, including the official zoning district map.

B.

Initiation of amendments. Amendments to this ordinance may be initiated by the following methods:

(1)

Resolution of the board of supervisors. The board of supervisors may, by its own resolution, initiate an amendment to any of the provisions of this ordinance, including the official zoning district map. Such resolution shall state the public purpose for the amendment.

(2)

Motion of the planning commission. The planning commission may, by adoption of a motion, initiate an amendment to any of the provisions of this ordinance, including the official zoning district map. Such motion shall state the public purpose for the amendment, and shall be forwarded to the board of supervisors.

(3)

Petition of property owner. A petition to change the zoning classification of property by amendment to the official zoning district map may be filed by the owner of the property or, with the written consent of the owner, the contract purchaser of the property or any agent of the owner. Such petition, addressed to the board of supervisors, shall be filed with the zoning administrator on forms provided by the zoning administrator for such purpose and shall be accompanied by a certified plat, legal description or such other documentation as prescribed by policy established by the zoning administrator. The zoning administrator shall forward the petition to the board of supervisors.

C.

Procedures. An application to amend this ordinance, including the official zoning district map, shall be submitted and processed in accordance with submission of application requirements set forth under general procedures [section 3-421] in this article.

The board of supervisors of King and Queen County hereby adopts the powers and authority conferred upon it by the general assembly by Code of Virginia, §§ 15.2-2296—15.2-2302.

A.

Definition of conditional zoning. "Conditional zoning" means, as part of classifying land within King and Queen County into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of, the regulations provided for in the particular zoning district or zone or by the overall zoning ordinance.

B.

Purpose. It is the general policy of the county, in accordance with the provisions of Code of Virginia, § 15.2-2283, to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of this article to provide a more flexible and adaptable zoning method to cope with the situations found in such zones through conditional zoning, 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. The provisions of this article shall not be used for the purpose of discrimination in housing.

C.

Proffer in writing. As a part of a petition for rezoning or amendment of the official zoning district map, the owner or owners of the property that is the subject of the petition may voluntarily proffer in writing, prior to the public hearing before the board of supervisors, reasonable conditions in addition to the regulations provided for the zoning district or zone by other provisions of this zoning ordinance; provided that:

(1)

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

(2)

Such conditions shall have a reasonable relation to the rezoning;

(3)

All such conditions shall be in conformity with the county's comprehensive plan adopted pursuant to Code of Virginia, § 15.1-466.1 [Code of Virginia, § 15.2-2247].

D.

[Property transfer; cash payment for facilities included in capital improvements program.] In the event proffered conditions include the dedication of real property or payment of cash to the county, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the acceptance of proffered conditions which are not normally included in the capital improvements program.

E.

[Alternate disposition of property or cash payment.] If proffered conditions include the dedication of real property or the payment of cash to the county, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

F.

[Requirement for substantial conditions.] In the event proffered condition(s) include a requirement for the dedication of real property of substantial value or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property, shall be effective with respect to such property unless there has been a mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

G.

[Material included in proffered conditions.] Proffered conditions shall be interpreted to include written statements, development plans, profiles, evaluations [elevations] and/or demonstrative materials submitted to the planning commission as part of an applicant's application.

H.

[Force and effect of proffered conditions.] Upon the approval of any such rezoning or amendment of the zoning ordinance, all conditions proffered and accepted by the governing body shall be deemed part thereof and nonseverable therefrom and shall remain in force and continue in effect until amended or varied by the board of supervisors in accordance with Code of Virginia, § 15.2-2302; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. All such conditions shall be in addition to the regulations provided for in the zoning district by this article.

I.

Official zoning district map; conditional zoning index. The official zoning district map of the county shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning depicted 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.

J.

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

1.

A statement detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of the conditions.

2.

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

K.

Procedural regulations and requirements. Proffered conditions shall include written statements, development plans and materials proffered in accordance with the provisions of this division [section] and approved by the governing body in conjunction with the approval of a change in zoning or an amendment to the zoning map.

Upon approval, any site plan, subdivision plat, or development plan thereafter submitted for the development of the property in question shall be in substantial conformance with all proffered conditions and no development shall be approved by any county official in the absence of said substantial conformance. For the purpose of this section, substantial conformance shall mean that conformance which leaves a reasonable margin for adjustment due to final engineering data but conforms with the general nature of the development, the specific uses and the general layout depicted by the plans and other materials presented by the owner and the applicant.

L.

Enforcement and guarantees. The zoning administrator shall be vested with all necessary authority on behalf of the county to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

1.

The ordering in writing of the remedy of any noncompliance with such conditions;

2.

The bringing of legal action to ensure compliance with such conditions including injunction, abatement or other appropriate action or proceeding; and

3.

Requiring a guarantee in an amount sufficient for or conditioned 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 and so conditioned, which guarantee may be reduced and/or released by the zoning administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Provided further that failure to meet all conditions shall constitute cause to deny the issuance of any required use, occupancy, or building permits as may be appropriate.

M.

Petition for review of decision. Any zoning applicant who is aggrieved by the decision of the zoning administrator pursuant to the provisions of subsection L above, may petition the governing body for review of such decision. Any such appeal shall be taken within 30 days from the date of the action complained of and shall be instituted by filing with the zoning administrator and the county administrator a notice of appeal specifying the grounds therefor.

The zoning administrator shall forthwith transmit to the governing body all of the papers constituting the record upon which the action appealed from was taken and the governing body shall proceed to hear the appeal at its next regularly scheduled meeting.

An appeal shall stay all proceedings and furtherance of the action appealed from unless the zoning administrator certifies to the governing body after notice of appeal has been filed with him that by reason of the fact stated in the certificate a stay will, in his opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed otherwise than by a restraining order which may be granted by the governing body or by a court of record on application or notice to the zoning administrator and on due cause shown.

N.

Relation of division to other laws. The provisions contained in this division [section] shall be considered separate from, supplemental and in addition to the provisions contained elsewhere in this article or other county ordinances. Nothing contained in this division [section] shall be construed as excusing compliance with all other applicable provisions of this Code [of Virginia] or other county ordinances.

O.

Authority not affected. Nothing in this division [section] shall be construed to affect or impair the authority of the governing body to:

1.

Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or

2.

Accept or impose valid conditions pursuant to Code of Virginia, § 15.2-2296(c) et seq. [Code of Virginia, § 15.2-2296 et seq.], or other provision of law.

P.

Review of the zoning administrator's decision. Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to provisions of this article may petition the board of supervisors for the review of the decision of the zoning administrator. All such petitions for review shall be filed with the zoning administrator and with the clerk of the board of supervisors within 30 days from the date of the decision for which review is sought, and such petitions shall specify the grounds upon which the petitioner is aggrieved.

A.

Purpose of conditional use procedure. The purpose of the conditional use procedure is to provide a means by which to authorize, after review and subject to appropriate conditions, certain specified uses which, although generally appropriate in the district in which they are specified, have a potentially greater impact on neighboring properties than those uses which are permitted by right in the district. The conditional use procedure is intended to provide the opportunity for planning commission and board of supervisors review of each proposed use and its potential impacts on surrounding properties and land uses, given the particular circumstances of each case, and for the planning commission to recommend and the board of supervisors to attach such conditions as are necessary to ensure that the use will be compatible with the surrounding area and consistent with the intent and purpose of this ordinance.

B.

Conditional use permit. A use or structure permitted as a conditional use by the district regulations set forth in this ordinance shall be authorized only upon approval of a conditional use permit by the board of supervisors; and no building permit or certificate of occupancy for a conditional use or a structure devoted to a conditional use shall be issued unless and until a conditional use permit for such has been approved in accordance with the provisions of this article.

C.

Applications. Applications for conditional use permits shall be submitted and processed in accordance with submission of application requirements set forth under general procedures in this article [section 3-421].

D.

Plans to accompany applications. Conditional use permit applications shall be accompanied by 25 sets of plans, drawn to scale, and including the following information: a location map showing the subject property and adjacent streets and roads, water bodies, subdivisions, political boundaries and zoning pattern; uses of adjacent properties and names of owners; site plan of the subject property showing boundaries, existing and proposed buildings, structures and uses, yards, open spaces, screening and buffering; means of access and on-site circulation and parking; elevation drawings of proposed buildings and structures; easements; water bodies and other natural features, including major tree masses and steep slopes; existing and proposed utilities and drainage facilities; and such other information as deemed necessary by the zoning administrator to determine compliance with the provisions of this ordinance. The zoning administrator may waive such plan elements as deemed unnecessary to determine compliance with applicable provisions of this ordinance, to evaluate potential impacts on surrounding properties and to establish adequate record of the application.

E.

Amendments to conditional use permits. Any amendment or change of substance in an approved conditional use permit shall be subject to the same procedures as are applicable to a new conditional use permit application; provided that minor modifications to an approved site plan or building detail may be authorized by the zoning administrator when such modifications do not: significantly alter the boundaries of the property; conflict with specific requirements of this ordinance or specific conditions of the approved conditional use permit; decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal arrangement of site plan elements; or have an appreciable effect on surrounding properties.

F.

Compliance with approved plans. Failure to comply with approved plans or conditions of a conditional use permit shall constitute a violation of the provisions of this ordinance and shall be cause for revocation of the conditional use permit by the zoning administrator.

In cases where zoning applications, which are related to the same project, request amendments to the zoning map, amendments to the zoning text, application for a conditional use permit or other approvals required to be made by the board of supervisors, it is the intent of the county to permit such applications to be submitted and processed simultaneously as if they were a single application. Notwithstanding that applications related to the same project may be processed jointly, in matters of advertising, conduct of public hearings, and voting by the planning commission and the board of supervisors, each application shall be considered separately.

The capital improvement plan is filed in the county administrator's office. The plan is available for review during regular county business hours.