Occoquan City Zoning Code

ZONING AMENDMENTS

§ 157.260 INITIATION OF AMENDMENTS.

(A) The text of this chapter and any zoning district boundary shown on the Zoning Map may be amended, changed, modified, or repealed by the Town Council.

(B) Proceedings for any amendment shall be initiated only:

(1) By the adoption of a resolution by the Planning Commission of intention to propose an amendment;

(2) By the adoption of a resolution by the Town Council of intention to amend, which resolution, upon adoption, shall be referred to the Planning Commission; or

(3) By the filing of a petition by the owner or contract purchaser of the land proposed to be rezoned (Zoning Map amendment).

(1998 Code, § 66-331) (Ord. passed 9-5-2017)

§ 157.261 APPLICATION REQUIREMENTS.

(A) All applications for amendments to the Zoning Map or rezoning, initiated in the manner prescribed by § 157.260, shall be filed with the Zoning Administrator. No application shall be officially

accepted for filing until all of the information identified in this section is furnished, unless specific items are authorized by the Zoning Administrator for later submission, or unless otherwise provided for in this section in accordance with the provisions of this subchapter. The application shall not be scheduled for a public hearing until all required data have been filed.

(B) Applications and supplemental information, unless qualified below, shall include the following elements:

(1) Two copies of a completed application for Zoning Map amendment (rezoning) application form: the application may be signed by the owner, the contract purchaser (with special power of attorney from the owner), or that person’s agent. However, if the application is signed by an agent, then a copy of the written authority, or power of attorney, must accompany the application;

(2) Two copies of a plat of the property proposed for rezoning showing:

(a) Bearings and distances for all existing property lines and proposed division lines;

(b) Area of proposed zoning changes in square feet or acres, outlined in red;

(d) North arrow; and

(e) Names of boundary roads or streets and widths of existing rights-of-way.

(3) Two copies of a written metes and bounds description of the proposed rezoning that shall conform to plat information;

(4) Two copies of a generalized development plan (GDP) shall be submitted in accordance with the provisions of § 157.262, unless determined to not be necessary by the Zoning Administrator;

(5) Statements to address the following:

(a) Surrounding areas that have scenic assets or natural features deserving of protection and preservation with a statement of how protection and maintenance will be accomplished;

(b) The relationship of the proposed development to the town’s adopted Comprehensive Plan;

(c) How adjacent and neighboring properties shall be protected from any adverse effects prompted by the proposed development. This includes vehicular access plans, proposed screening and buffering, and peripheral setback requirements;

(d) The maximum height of any proposed buildings in the development;

(e) The maximum number of dwelling units and square footage of office, assembly, commercial, and industrial space proposed;

(f) Special amenities that are proposed within the development;

(g) Anticipated off-site improvements that are proposed for the development, such as roads, water and sewer, and drainage facilities; and

(h) Any proposed phasing plan and the projected wastewater flows for each phase.

(6) Any additional information that the applicant may desire to proffer in the consideration of the application;

(7) Nonrefundable filing fee set forth by the uncodified ordinance of the town in a check or money order payable to the Town Treasurer; and

(8) Based on the size and scale of the parcel, or complexity of the proffers submitted, the Zoning Administrator may require additional copies of all submitted materials as needed for supplemental reviewing agencies.

(1998 Code, § 66-332) (Ord. passed 9-5-2017)

§ 157.262 GENERALIZED DEVELOPMENT PLANS (GDP).

Generalized development plans shall include the following:

(A) Topography shown with contour lines on an interval not exceeding two feet;

(B) A schematic land use plan, at a scale of one inch equals 100 feet or less, for parcels equal to or larger than ten acres; or one inch equals 30 feet or less, for parcels less than ten acres;

(C) A proposed traffic circulation plan, including: major streets connections; major pedestrian, bike, and/or bridge 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 sewer, water systems, and storm drainage improvements;

(D) A landscape plan indicating the general location and type of significant or specimen trees located within the limits of the planned development area;

(E) A plan showing sensitive environmental features including steep slopes (those over 20%), highly permeable soils, highly erodible soils, resource protection areas, wetlands, floodplains, and other such features as may be designated by the Zoning Administrator;

(F) Location of any overlay district boundaries adjoining or encompassing the site; and

(G) Location of any portion of the Old and Historic Occoquan District adjoining or encompassing the site.

(1998 Code, § 66-333) (Ord. passed 9-5-2017)

§ 157.263 PROFFER DECLARATION.

(A) In accordance with the VA Code, all statements, plans, profiles, elevations, and other demonstrative material submitted with an application for rezoning shall be annotated with one of the following statements. Each statement shall be signed by the applicant; however, the applicant is not restricted to use the same statement on every submitted document. The applicant may vary statements as necessary to proffer certain statements, plans, profiles, and elevations, and not proffer other information or pieces of demonstrative material related to the same application.

(B) One of the following statements should accompany any application for zoning modification.

(1) Commitment to proffer. “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, unless an amendment thereto is mutually agreed upon by the Town Council and the undersigned.”

(2) Noncommitment to proffer. “The conditions set forth in this submission are not to be construed as to be binding on the development of the subject property of this application.”

(1998 Code, § 66-334) (Ord. passed 9-5-2017)

§ 157.264 VALIDITY AND CONFORMANCE WITH PROFFERED CONDITIONS.

(A) If an amendment to the Zoning Map is adopted subject to the conditions proffered by the applicant as set forth in § 157.263, the property in question shall be appropriately annotated on the Zoning Map and all other land records referencing the conditions as adopted.

(B) Such proffered conditions shall become a part of the zoning regulations applicable to the property in question unless subsequently changed by an amendment to the Zoning Map, and such conditions shall be in addition to the specific regulations set forth in this chapter for the zoning district in question.

(C) Upon approval, any site plan, subdivision plat, or general development plan submitted for the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations, or other demonstrative materials; and no development shall be approved by any town official in the absence of substantial conformity.

(D) For the purpose of this section, substantial conformance shall allow for a reasonable margin of adjustment due to final engineering data, but conform to the general nature of the proposed development, the specific uses and the general layout depicted by the plans, profiles, elevations, and other demonstrative materials presented by the applicant.

(1998 Code, § 66-335) (Ord. passed 9-5-2017)

§ 157.265 PUBLIC HEARING REQUIREMENTS.

(A) The Planning Commission shall not recommend, nor the Town Council adopt, any zoning ordinance or Zoning Map amendment (rezoning) to change district boundaries or classification of property until notice of intention to do so has been published and/or mailed in accordance with the law.

(B) The cost of any such notice shall be paid by the applicant.

(C) When any notice is required by law to be sent to units in a condominium or cooperative, the written notice may be mailed to the unit owners’ association or proprietary lessees’ association, respectively, in lieu of each individual unit owner.

(1998 Code, § 66-336) (Ord. passed 9-5-2017)

§ 157.266 REFERRAL TO PLANNING COMMISSION.

(A) In accordance with VA Code Title 15.2, proposed amendments to this chapter, changes in district boundaries, amendments to proffers, or classification of property shall be referred by the Town Council, or the Zoning Administrator (in cases of amendments proposed by the property owner, contract purchaser with the owner’s written consent, or owner’s agent), to the Planning Commission for its recommendations.

(B) In accordance with VA Code § 15.2-2214, the Planning Commission shall annually fix a calendar for holding regular meetings, and may also, by resolution, fix certain days to which any meeting shall be continued if the Chairperson, or Vice-Chairperson if the Chairperson is unable to act, finds and declares that weather conditions are such that it is hazardous for members to attend the meeting. Such findings shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required, provided the resolution setting the schedule is inserted in a newspaper having general circulation in the locality at least seven days prior to the first meeting held pursuant to the adopted schedule.

(C) The Planning Commission shall hold a public hearing on such application or resolution with advertising as provided by § 157.265.

(D) At the conclusion of the Planning Commission public hearing, the Planning Commission shall report to the Town Council its recommendation with respect to the proposed amendment. After that time, any material change made in the application shall necessitate the return of the application to the Planning Commission and the scheduling of another public hearing.

(E) The Planning Commission need not confine its recommendation to the proposed amendment as set forth in the petition/application/resolution.

(1) If the proposed amendment consists of a change in the text of this chapter, it may recommend a revision to the proposal.

(2) If the proposed amendment consists of a change in zoning district boundaries, it may reduce or enlarge the extent of land that it recommends to be rezoned or it may recommend that the land be rezoned to a different zoning district classification than that petitioned for if, in either case:

(a) The Commission is of the opinion that such revision is in accordance with sound zoning practice and is in furtherance of the purpose of this chapter; and/or

(b) Before recommending a larger extent of land or a rezoning to a less restricted classification than was set forth in the petition, the Commission shall hold a further hearing on the matter, of which notice shall be given as in the first instance.

(F) In recommending the adoption of any amendment to this chapter, the Planning Commission shall state its reasons for such recommendation, describing any changes in conditions, if any, that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the adopted Comprehensive Plan and would be in furtherance of the purposes of this chapter.

(G) The Planning Commission shall have 90 days following its first meeting after the proposed amendment has been referred to the Commission to transmit its recommendation to the Council. Failure to provide a recommendation within such specified time shall be deemed a recommendation of approval unless a deferral is requested by the applicant in conformance with this chapter.

(1998 Code, § 66-337) (Ord. passed 9-5-2017)

§ 157.267 TOWN COUNCIL ACTION.

(A) Following the report to the Town Council by the Planning Commission of any proposed amendment to this chapter, change in district boundaries, amendment to proffers, or classification of property, and before approving and adopting any ordinance or amendment thereof, the Town Council shall hold at least one public hearing thereon, pursuant to public notice as required by law.

(B) In order to approve an application, Town Council must find the following conditions have been addressed:

(1) The fees for zoning requests, as established by an un-codified ordinance, have been paid; and

(2) Proposed amendments have been considered with reasonable regard for the existing use and character of the property, the suitability of the property for various uses, the trends of growth or change, and the current and future requirements of the town. Considerations shall include, but not be limited to, comprehensive plans or parts thereof, capital outlay programs, timing of development, relation of development to utilities and public facilities. Other elements to be considered include:

(a) Various purposes as determined by population and economic studies and other studies;

(b) Transportation requirements of the community and the town;

(d) Conservation of natural resources, and preservation of floodplains; and

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

(C) The Town Council shall determine that the following requirements are met, or be assured that they will be met, in acting upon a petition to change the zoning boundaries, proffer amendment, or classification of property on the Zoning Map.

(1) General conformance. The requested zoning district shall be in general conformance with the adopted Comprehensive Plan that includes the area of the parcel subject to the requested change.

(2) Change of classification. Parcels which are the subject of requests for changes of zoning classification shall have direct access to arterial, thoroughfare, or collector streets without creating unsafe traffic conditions along minor streets. Rezoning requests requiring enlargement or extension of new or existing arterial thoroughfare and collector streets to provide proper access to the parcel under the proposed zoning district shall:

(a) Be consistent with the improvements and timing of the Comprehensive Plan and protect against danger and congestion in travel and transportation; and

(b) Provide for the reservation or dedication of rights-of-way required on the subject parcel for the future enlargement or extension of new or existing streets that are shown in the adopted Comprehensive Plan.

(3) Relation to utilities.

(a) Parcels subject to requests for changes of zoning classification shall be located in relation to sanitary sewers, treatment plants, waterlines, storm drainage systems, and other utilities or installations that any required enlargement or extension of such system will be generally consistent with local and regional water quality management plans, the adopted capital improvements program, and the adopted Comprehensive Plan for the area in which the subject parcel is located.

(b) The applicant shall provide, where necessary, sanitary sewers, waterlines, storm drainage systems and other utilities and installations, or for the enlargement or improvement of existing systems, to serve the development in a manner consistent with applicable plans and policies.

(4) Relation to public facilities.

(a) Parcels subject to requests for changes of zoning classification shall be located, designed, scaled, and scheduled for development such that either existing public facilities or planned public facilities that are contained in an adopted capital improvements program will be adequate to serve the proposed development.

(b) In the event that new or enlarged public facilities are necessary to serve development permitted as a result of the requested change in zoning, the applicant shall provide for these facilities.

(1998 Code, § 66-338) (Ord. passed 9-5-2017)

§ 157.268 REFILING FOLLOWING DENIAL.

Upon denial of any petition to change a zoning district boundary, proffers, or classification of property, applications for any or all of the same property for amendment to the same zoning district or use as applied for in the previously denied application shall not be filed within one year of the original denial.

(1998 Code, § 66-339) (Ord. passed 9-5-2017)

§ 157.269 WITHDRAWAL OF APPLICATION.

(A) An application for an amendment of this chapter may be withdrawn at any time. If the request for withdrawal is made after publication of the notice of public hearing before Town Council, then no application for all or any part of the same property may be filed within six months of the withdrawal date.

(B) There shall be no refund of rezoning fees in the case of withdrawal, regardless of the time of withdrawal.

(1998 Code, § 66-340) (Ord. passed 9-5-2017)

§ 157.270 DEFERRAL OF APPLICATION BY APPLICANT.

(A) Petitioner may request deferral of consideration of the application for rezoning.

(B) If the request for deferral is made after publication of the notice of hearing, such deferral shall only be with the consent of either the Planning Commission or the Town Council, whichever body advertised the hearing.

(D) Applications deferred by the Planning Commission at the request of the petitioner will not be deemed as being referred to the Planning Commission until such time as the matter has been rescheduled on the Commission’s agenda.

(1998 Code, § 66-341) (Ord. passed 9-5-2017)