This division sets out the special review requirements and procedures that apply to development within designated historic overlay districts in order to promote the general welfare through the preservation and protection of historic places and areas of historic interest in the county. Standards for development within designated historic overlay districts are set out in article 7, divisions 3 and 4 of this chapter.

(Ord. No. 23-66, 10-24-95)

No building permit may be issued by the Building Official for any building or structure which does not comply with the terms of chapter 5 of the County Code and with the terms of this chapter, as demonstrated by an approved site plan.

(Ord. No. 23-66, 10-24-95)

The following approvals may be required by the county prior to development:

(a)

Site plan approval. If required, site plan approval shall be obtained in accordance with the procedures set out in division 11 of this article before the county may consider any application for an occupancy permit.

(b)

Special use approval. Special use approval shall be obtained for special uses in accordance with the procedures set out in division 5 of this article before the county may consider any application for site plan approval.

(c)

Zoning map amendment. A zoning map amendment shall be required from the county in accordance with the procedures set out in division 6 of this article whenever the particular use which is proposed by the applicant is not allowed in the applicable zoning district or any overlay zoning district.

(d)

Certificate of appropriateness for activities in historic overlay districts. A certificate of appropriateness shall be obtained in historic overlay districts in accordance with the procedures in division 3 of this article, except for those exempt activities described in division 3, before the county may consider an application for site plan, erosion and sediment control plan, occupancy, or building permit approval. An application for a certificate of appropriateness may be filed and reviewed simultaneously with an application for site plan, erosion and sediment control plan, occupancy, or building permit approval.

(e)

Erosion and sediment control plan approval. Erosion and sediment control plan approval shall be obtained in accordance with the procedures set out in chapter 8 of the County Code before any land-disturbing activity may be conducted.

(f)

Building permit. Building permit approval shall be obtained in accordance with the procedures set out in division 12 of this chapter and in chapter 5 of the County Code before any building, system, structure or equipment may be constructed, altered, repaired, removed, or demolished.

(g)

Occupancy permit. Zoning certification shall be obtained prior to issuance of an occupancy permit. The occupancy permit shall be obtained in accordance with the procedures set out in division 13 of this article and in chapter 5 of the County Code before any building or structure may be used or occupied by any person, animal or object.

(h)

Temporary use permit. A temporary use permit shall be obtained from the county in accordance with the procedures set out in division 10 of this article before any temporary use or structure may be conducted or erected.

(i)

Agreement in lieu of plan approval. An agreement in lieu of plan approval may be substituted for site plan approval for:

(i)

A single-family detached dwelling, or

(ii)

An accessory structure, where the land disturbance is less than two thousand five hundred (2,500) square feet; except in cases where the zoning administrator has determined that the location of the proposed structure may encroach into a resource protection area (RPA), as defined in chapter 6A.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-81, 6-22-99; Ord. No. 23-131, 3-10-09; Ord. No. 23-142, 2-8-11; Ord. No. 23-153, 2-12-13; Ord. No. 23-191, § 2, 5-27-25)

Application for approvals described in section 23-4.1.1, above, and approvals under other chapters of the County Code may be filed and reviewed simultaneously, at the option of the applicant, including but not limited to:

(a)

Simultaneous application for special use and rezoning approval. If an application for special use approval is contingent upon the approval of an amendment to the zoning map or an amendment to the text of this chapter by the board of supervisors, applications for both the special use and the required amendment may be considered simultaneously. However, if the board of supervisors denies the application for the required amendment, such denial shall be considered a denial of the special use application and no further proceedings concerning the special use application shall be required.

(b)

Simultaneous application for site plan and preliminary subdivision plat approval. If an application for site plan approval is contingent upon the approval of a preliminary subdivision plat under the provisions of Chapter 20 [Subdivisions] of the County Code, applications for both site plan approval and the required preliminary plat approval may be considered simultaneously.

(c)

Simultaneous application for site plan approval or sediment control plan approval and historic overlay district approvals. If an application for site plan or erosion and sediment control plan, approval is contingent upon receipt of a certificate of appropriateness, applications for both the approval and the required certificate of appropriateness may be considered simultaneously.

(d)

Simultaneous application for site plan approval and erosion and sediment control plan approval. If an application for site plan approval is contingent upon the approval of an erosion and sediment control plan under the provisions of chapter 8 of the County Code, applications for both site plan approval and erosion and sediment control plan approval may be considered simultaneously.

(e)

Simultaneous application for site plan approval and building permit approval. If an application for building permit approval is contingent upon the approval of a site plan, applications for both building permit approval and site plan approval may be considered simultaneously.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-81, 6-22-99; Ord. No. 23-142, 2-8-11)

(a)

All applications for development approval shall be accompanied by the payment of a fee, to cover the cost of processing and review of applications.

(b)

Such fees shall be included in a unified fee schedule to be entitled "Fee Schedule (Land Use and Building)", adopted by the board of supervisors, and thereafter amended from time to time by ordinance, in accordance with section 1-6(7), of the Code of Spotsylvania County.

(Ord. No. 23-66, 10-24-95; 23-74, 1-13-98; Ord. No. 23-85, 7-11-00; Ord. No. 23-93, 7-24-01)

State Law reference— Authority for above fee, Code of Virginia, § 15.1-491(f).

County staff may waive or modify any of the submission requirements for an application for development approval, except processing and review fees, where some of the information is unnecessary due to the scope and nature of the proposed development or the information has been previously submitted and approved.

(Ord. No. 23-66, 10-24-95)

(a)

Advertisement by reference. When public notice is required by this chapter, any proposed plan, use, amendment or ordinance need not be advertised in full but may be advertised by reference. Every such advertisement shall contain a reference to the place or places within the county where copies of the application and documents pertaining to the proposed plan, use, amendment or ordinance may be examined.

(b)

Publication of notice. Unless other provisions of this chapter specifically provide otherwise, notice of any public hearing that is required under this chapter shall be published once a week for two (2) successive weeks in a newspaper having general circulation in the county. Notice for both the planning commission and the board of supervisors may be published concurrently. Such notice shall specify the time and place of the hearing at which interested citizens may appear and present their views. If a joint hearing is held, then the public notice need be given only by the board of supervisors. The first publication of notice shall appear in the newspaper at least six (6) days prior to the publication of the second notice. The second publication shall appear in the newspaper at least five (5) days but not more than twenty-one (21) days prior to the date of the public hearing at which the matter is to be considered.

(c)

Mailed notice requirements for minor applications. For an application for a variance, an appeal, or an interpretation under article 3, division 6 of this chapter affecting twenty-five (25) or fewer parcels of land, then, in addition to the advertising as required by subsection (b) of this section, written notice shall be given by the board of zoning appeals or its representative at least five (5) days before the hearing to the owners, their agent, or the occupant, of each parcel involved; to the owners, their agent, or the occupant, of all abutting property and property immediately across the street or road from the property affected; and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that has members owning property located within two thousand (2,000) feet of the affected property as may be required by the board of zoning appeals or its agent. Notice shall also be given to the owners, their agent, or the occupant, of all abutting property and property immediately across the street from the property affected, including property which lies in an adjoining county or municipality of the Commonwealth. Notice sent by registered or certified mail to the last known address of such owners, their agent, or the occupant, 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. If the hearing is continued, notice shall be remailed.

For an application for an amendment to the zoning map or proffered conditions, or a special use permit affecting twenty-five (25) or fewer parcels of land, then, in addition to the advertising as required by subsection (b) of this section, written notice shall be given by the planning commission or its representative at least five (5) days before the hearing to the owners, their agent, or the occupant, of each parcel involved and of property located within the county within three thousand (3,000) feet of the affected property; and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that has members owning property located within three thousand (3,000) feet of the affected property as may be required by the planning commission or its agent. Notice shall also be given to the owners, their agent, or the occupant, of all abutting property and property immediately across the street from the property affected, including property which lies in an adjoining county or municipality of the Commonwealth. Notice sent by registered or certified mail to the last known address of such owners, their agent, or the occupant, 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. If the hearing is continued, notice shall be remailed.

When a proposed comprehensive plan or amendment thereto, a proposed change in zoning map classification, or an application for special use permit or variance involves any parcel of land located within one-half mile of a boundary of an adjoining county or municipality of the Commonwealth, then, in addition to the advertising and written notification as above required, written notice shall also be given by the appropriate adjudicating body, or its representative, at least ten (10) days before the hearing to the chief administrative officer, or their designee, of such adjoining county or municipality.

Whenever the notices required hereby are sent by an agency, department or division of the board of supervisors, such notices may be sent out by first class mail; provided, however, a representative of such agency, department or division shall provide an affidavit that such mailings have been made and file such with the papers in the case.

(d)

Mailed notice requirements for major applications. For an application for a variance, an appeal, or an interpretation under article 3, division 6 of this chapter affecting more than twenty-five (25) parcels of land, then, in addition to the advertising as required by subsection (a) of this section, written notice shall be given by the board of zoning appeals or its representative at least five (5) days before the hearing to the owners, or their agents, of each parcel of land involved. One (1) notice sent by the first class mail to the last known address of such owners or their agent 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 staff of the board of zoning appeals shall provide an affidavit that such mailings have been made and file such affidavit with the case. Nothing in this paragraph shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure to give written notice to the owners, their agent, or the occupant of any parcel involved.

For an application for an amendment to the zoning map or proffered conditions, or a special use permit affecting more than twenty-five (25) parcels of land, then, in addition to the advertising as required by subsection (b) of this section, written notice shall be given by the planning commission or its representative at least five (5) days before the hearing to the owners or their agent, of each parcel involved and of property located within the county within three thousand (3,000) feet of the affected property. Notice shall also be given to the owners, their agent, or the occupant, of all abutting property and property immediately across the street from the property affected, including property which lies in an adjoining county or municipality of the Commonwealth. One (1) notice sent by the first class mail to the last known address of such owners or their agent, 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 staff of the planning commission shall provide an affidavit that such mailings have been made and file such affidavit with the case. Nothing in this paragraph shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure to give written notice to the owners, their agent, or the occupant, of any parcel involved. If the hearing is continued, notice shall be remailed.

(e)

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

(f)

Waiver of written notice. A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this Section 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.

(g)

Posted notice requirements. At least fifteen (15) days prior to any public hearing required under this chapter, except for text amendments and applications affecting more than five hundred (500) parcels, the applicant shall post on the property that is the subject of the hearing, a sign or signs provided by the county stating that zoning action is pending on the property; the sign(s) shall be easily visible from all public streets and public ways abutting the property. An affidavit shall be filed by the applicant at the public hearing certifying that the applicant has complied with this section and shall be in the following form:

I, ___________, hereby certify that on the day _______, 20___, a sign or signs stating that zoning action was pending on the property described below was/were posted on the property and that the sign(s) was/were easily visible from all public streets and public ways abutting the property.

Property Description:

Given under my hand this _______ day of _______, 20___.

(h)

Cost of providing notice. The cost of any notice required by the Code of Virginia § 15.2-2204 shall be charged to the applicant.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-73, 8-12-97; Ord. No. 23-175, § 1, 2-27-18)

(a)

Required hearings. Both the planning commission and the board of supervisors shall hold at least one public hearing to consider an application for special use permit approval, a map amendment or a text amendment filed under the provisions of this chapter. The first public hearing shall be conducted by the planning commission, and the second shall be conducted by the board of supervisors. However, the planning commission and the board of supervisors may hold a joint public hearing as an alternative to separately scheduled hearings.

(b)

Time of hearings. Any public hearing that is required under this chapter shall be held not less than five (5) nor more than twenty-one (21) days after the second notice is published in accordance with the provisions of section 23-4.2.1.

(Ord. No. 23-66, 10-24-95; Ord No. 23-175, § 1, 2-27-18)

(a)

A certificate of appropriateness shall be required in any historic overlay district for:

(1)

The erection, reconstruction, alteration, or restoration of any building, structure, or landscape; or

(2)

The razing, demolition, or movement of any building, structure, or landscape; or

(3)

The alteration of any exterior architectural feature on any building or structure, regardless of the requirement for a building permit; or

(4)

The erection or modification of any sign, which does not satisfy the requirements of section 23-4.3.2.

(b)

A certificate of appropriateness shall not be required in any historic overlay district for:

(1)

Normal repairs and maintenance activities, meeting all of the following criteria:

a.

The work must be done in order to prevent deterioration, decay, or damage; or in order to restore the structure or any part thereof, as nearly as may be practicable, to its condition prior to the occurrence of deterioration, decay, or damage;

b.

The work must not involve a change in the type of materials; and

c.

The work must not alter the design or appearance of a structure or site, or any part thereof;

(2)

Alterations to the interior spaces of structures or buildings, provided the modifications are not visible from the exterior of the building and do not change the exterior of the structure;

(3)

Changes to buildings or structures primarily used or to be used for agricultural or horticultural purposes in which the requested change would not have a clear and substantial detrimental impact on the character of the district, as determined by the director of planning;

(4)

Banner signs displayed in accordance with subsection 23-7.3.9(b);

(5)

The reconstruction, alteration, or restoration of any building, structure, or landscape approved by a state or federal agency, in conformance with the terms and conditions of a preservation easement deemed to be a qualified conservation contribution as defined by the Internal Revenue Code Section 170(h)(3), provided the easement is held by such agency and provided the easement requires the preservation and maintenance of buildings and structures on the property in accordance with the secretary of interior's standards for the treatment of historic properties, as these may be amended from time to time, and that a copy of the terms and conditions of the easement and a copy of the deed of easement are provided to the director of planning for review prior to any changes to the building, structure, or landscape and have been determined by the director to satisfy the review requirements of section 23-4.3.6; or

(6)

The erection or modification of any sign that meets the requirements of section 23-4.3.2.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-126, 9-23-08; Ord. No. 23-142, 2-8-11)

Any application for the erection or modification of a sign, which conforms to the following allotments and standards does not require a certificate of appropriateness. All signs must conform to the general sign standard, identified in subsection (b)(1) of this section.

(a)

Sign allotments.

(1)

Individual structures located less than thirty (30) feet from the future right-of-way are permitted:

a.

One (1) building-mounted sign, pursuant to the building-mounted sign standard identified in this section.

(2)

Individual structures located thirty (30) feet or greater from the future right-of-way are permitted:

a.

One (1) ground-mounted sign, pursuant to the ground-mounted sign standard identified in this section, or

b.

One (1) building-mounted sign, pursuant to the building-mounted sign standard identified in this section.

(3)

Multi-tenant structures are permitted:

a.

One (1) ground-mounted sign, pursuant to the ground-mounted sign standard identified in this section, and

b.

One (1) tenant sign per exterior entrance, pursuant to the tenant sign standard identified in this section.

(4)

Multi-tenant complexes are permitted:

a.

One (1) ground-mounted sign, pursuant to the ground-mounted sign standard identified in this section, and

b.

One (1) tenant sign per individual structure, pursuant to the tenant sign standard identified in this section.

(b)

Sign standards.

(1)

General sign standards, applicable to all signs.

a.

No sign face shall exceed fifteen (15) square feet.

b.

No copy area shall exceed sixty (60) percent of the sign face and never more than nine (9) square feet.

c.

Sign faces shall be made of:

i.

Solid wood or plywood.

ii.

Composite plastic products, provided it can be crafted to resemble wood.

iii.

Vinyl board, provided it has the appearance of wood and has a matte finish.

d.

All proposed typography must be of a serif nature.

e.

No letters shall exceed five (5) inches.

f.

Any proposed changeable-type area shall be included in the maximum typeface area and must fit within the maximum dimensions of the sign. Changeable-type areas that employ a system of individual letters are not permissible (e.g. moveable-type boards).

g.

Any proposed changeable-type area shall be made of the same materials as the sign face.

h.

No sign shall exceed three (3) earth-tone colors. Logos are exempt.

i.

No sign shall be internally lit; signs shall be externally lit in a manner which restricts light-spill and does not create a glare situation, whereby public safety is affected.

(2)

Ground-mounted sign standards.

a.

No sign post shall exceed dimensions of six (6) inches by six (6) inches.

b.

Posts shall be made of wood, composite, or synthetic products, provided they are compatible in appearance, form, and texture with the character of the district. Appropriate materials may include:

i.

Wood.

ii.

Composite plastic products, provided they can be crafted to resemble wood.

iii.

Vinyl, provided it has a matte finish.

c.

No sign or sign element shall exceed six (6) feet in height.

d.

No sign or sign element shall exceed six (6) feet in width.

e.

No sign face shall be closer than eighteen (18) inches from average grade.

f.

No sign elements, such as typography, symbols, etc., shall extend beyond the depth of the sign post.

g.

All signs shall be supported by two (2) posts, with the sign face located between the supporting posts.

h.

All sign posts shall be capped with a finial or other decorative treatment.

(3)

Building-mounted sign standards.

a.

All sign faces shall be flush-mounted to the building facade or hung perpendicular to the building by brackets.

b.

The face of the sign shall not detract from or cover any distinguishing architectural elements of the structure.

c.

Metal, wood, or synthetic materials that have the appearance of metal or wood are appropriate sign face materials. Brackets shall be metal and in character with the architectural style of the structure and sign face.

(4)

Tenant sign standards.

a.

No tenant sign shall exceed one (1) square foot.

b.

Tenant signs shall be complementary to the corresponding building-mounted or ground-mounted sign located on the parcel. Tenant signs shall mirror the typography, design, materials and colors of the principal sign on the property.

c.

If multiple tenant signs are located on one (1) structure, all tenants signs shall match one another in shape, color, and typography.

Signs which do not conform to these standards shall require a certificate of appropriateness, pursuant to the process outlined in section 23-4.3.3, et seq.

(Ord. No. 23-142, 2-8-11)

(a)

Applications for certificates of appropriateness required by this division shall be made to the county on forms provided by the county.

(b)

Within ten (10) days after receiving an application for approval of a certificate of appropriateness, the county shall determine whether the application is complete. If the county determines that the application is not complete, it shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

Editor's note— Ord. No. 23-142, adopted February 8, 2011, renumbered the former sections 23-4.3.2—23-4.3.9 as sections 23-4.3.3—23-4.3.10. The historical notation has been preserved for reference purposes.

After an application for a certificate of appropriateness has been determined to be complete, the county shall have thirty (30) days from the date of such determination of completeness to review the application and submit the application with comments to the historic preservation commission.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

Note— See editor's note at section 23-4.3.3.

Prior to the issuance of any certificate of appropriateness required by this division, the historic preservation commission shall provide public notice of the date, time, and location of the public meeting at which the commission shall consider the application for any such certificate. Such notice shall be posted in the office of the clerk of the commission.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

Note— See editor's note at section 23-4.3.3.

After the public meeting to consider the application for a certificate of appropriateness and within sixty (60) days after the application has been determined to be complete, the historic preservation commission shall either:

(1)

Issue the certificate of appropriateness;

(2)

Issue the certificate of appropriateness subject to reasonable conditions; or

(3)

Deny the certificate of appropriateness.

The historic preservation commission shall notify the applicant of its decision in writing and, in the case of a denial, specify the reasons for denial.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

Note— See editor's note at section 23-4.3.3.

The historic preservation commission's decision on an application for a certificate of appropriateness, shall be based upon consideration of the following factors:

(1)

Whether the applicant's proposal is architecturally compatible with the motif and character of the historic overlay district or historic landmark;

(2)

Whether the applicant's proposal conforms to the criteria set forth by the secretary of the interior or other preservation guidelines subsequently adopted by the historic preservation commission;

(3)

The extent to which the applicant's proposal will affect the overall character, visual impact, and continuity of the historic overlay district;

(4)

Whether the height, proportion, openings, spacing, roofs, walls, fences, landscaping, ground cover, scale, and orientation of the applicant's proposal are visually compatible with the surrounding community;

(5)

Whether the materials and textures of the applicant's proposal are compatible with the historic overlay district's character; and

(6)

In the case of a building or structure to be razed, demolished, or moved, the extent to which the loss of same will detract from the historic overlay district and the purposes of this division.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

Note— See editor's note at section 23-4.3.3.

(a)

Any property owner aggrieved by any final decision of the historic preservation commission may, within thirty (30) days after the decision is rendered, appeal such decision to the board of supervisors by filing an appeal letter with the county administrator. The board of supervisors shall render its final decision on such appeal after consultation with the historic preservation commission.

(b)

Any property owner aggrieved by any final decision of the board of supervisors may, within thirty (30) days after the decision is rendered, appeal to the circuit court for the County of Spotsylvania, in accordance with section 15.1-503.2 of the Code of Virginia. The filing of a petition of appeal with the circuit court shall stay the decision of the board of supervisors pending the outcome of the appeal to the court, except that the filing of such petition shall not stay the decision of the board if such decision denies the right to raze or demolish an historic landmark, building, or structure.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

Note— See editor's note at section 23-4.3.3.

(a)

In addition to the right of appeal as stated in section 23-4.3.7 of this division, the owner of an historic landmark, building or structure within an historic overlay district, the razing or demolition of which would otherwise require a certificate of appropriateness under section 23-4.3.1, shall, as a matter of right, be entitled to raze or demolish such landmark, building or structure, provided that:

(1)

The owner has applied to the historic preservation commission and the board of supervisors for demolition approval;

(2)

The owner has, for a period of time set forth in the time schedule set out in subsection (3) of this section and at a price reasonably related to its fair market value, made a bona fide offer to sell such landmark, building, or structure, and the land pertaining thereto to the county or to any person, firm, corporation, government or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore such landmark, building, or structure, and the land pertaining thereto; and

(3)

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building, or structure, and the land pertaining thereto, prior to the expiration of the applicable time period as set forth in the time schedule set out in this subsection. Any appeal which may be taken to the court from the decision of the board of supervisors pursuant to section 23-4.3.7 shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one (1) year after a final decision by the board of supervisors, but thereafter the owner may renew his or her request to the board of supervisors to approve the razing or demolition of the historic landmark, building or structure. The time schedule for offers to sell shall be as follows:

(4)

The time period specified in subsection (3) of this section shall commence upon receipt by the county of the owner's written notification of his or her intention to sell a landmark or a building or structure within an historic overlay district. This statement shall identify the property, state the offering price, and the name of the real estate agent, if any. The county shall, within five (5) days, convey a copy of such statement to the historic preservation commission.

(b)

Nothing in this chapter shall limit the authority of the county to order the razing or demolition of any landmark or building or structure within an historic overlay district which is determined to be in such an unsafe condition as to pose a danger to life or property in violation of the provisions of the Virginia Uniform Statewide Building Code. An order to demolish an unsafe historic landmark building or structure may be made without the approval of the historic preservation commission.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-142, 2-8-11)

Note— See editor's note at section 23-4.3.3.

(a)

Certificate of appropriateness approval shall lapse, and become null and void, where the applicant or a successor-in-interest has failed to establish the use authorized thereby or to commence and diligently pursue the construction authorized thereby within eighteen (18) months after the date of approval of the certificate of appropriateness unless otherwise indicated in the certificate of appropriateness. The board of supervisors may grant up to a three-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant at least thirty (30) days before the expiration of the original or extended time limit.

(b)

If at any time after a certificate of appropriateness is approved, and the applicant is found to be in violation of any of the conditions to the approval, the standards of this division, or other standards or requirements of this chapter, the recipient of the certificate of appropriateness approval shall be subject to the penalties described in article 9 (enforcement) of this chapter, including revocation by the board of supervisors of the certificate of appropriateness.

(c)

Certificate of appropriateness approval may be revoked by the board of supervisors for unremedied or repeated violations of certificate of appropriateness conditions or failure to satisfy the requirements of this chapter only after conducting a public hearing and giving written notice in accordance with division 2 of this chapter.

(Ord. No. 23-137, 5-11-10; Ord. No. 23-142, 2-8-11)

Note— See editor's note at section 23-4.3.3.

Uses that are designated as "permitted uses" are considered appropriate within a given zoning district. Only those uses which are expressly listed as permitted uses under articles 6 or 7 of this chapter shall be treated as such.

(Ord. No. 23-66, 10-24-95)

(a)

No permitted use shall be established until the person proposing such use has first applied for and obtained:

(1)

Site plan approval, in accordance with division 11 of this article, except for:

(i)

Single-family detached dwellings, and

(ii)

Accessory structures where the land disturbance is less than two thousand five hundred (2,500) square feet, in which case agreement in lieu of a plan approval may be accepted as set forth in section 23-4.1.1;

(2)

A building permit, in accordance with division 12 of this article;

(3)

An occupancy permit, in accordance with division 13 of this article; and

(b)

Depending on the nature and location of the use, the following special approvals may also be required:

(1)

A certificate of appropriateness for certain types of development proposed within a historic overlay district or an historic landmark, in accordance with division 3 of this article; or

(2)

A land-disturbing permit for land-disturbing activities, in accordance with chapter 8 of the County Code.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-131, 3-10-09)

Uses that are designated as "special uses" are generally compatible with other land uses permitted in a zoning district but which, because of their unique characteristics or potential impacts on the surrounding neighborhood and the county as a whole, require individual consideration of their design, configuration, and/or operation at the particular location proposed. Such individual consideration may also call for the imposition of individualized conditions in order to ensure that the use is appropriate at a particular location. Only those uses which are expressly listed as special uses under articles 6 or 7 of this chapter are permitted.

(Ord. No. 23-66, 10-24-95)

(a)

No special use shall be established until the person proposing such use has first applied for and obtained:

(1)

Special use approval in accordance with the requirements of this division;

(2)

Site plan approval in accordance with division 11 of this article;

(3)

A building permit in accordance with division 12 of this article and Chapter 5 of the County Code;

(4)

An occupancy permit in accordance with division 13 of this article.

(b)

Depending on the nature and location of the use, the following special approvals may also be required:

(1)

A certificate of appropriateness for certain types of development proposed within a historic overlay district or an historic landmark, in accordance with division 3 of this article; or

(2)

A land-disturbing permit for land-disturbing activities in accordance with chapter 8 of the County Code.

(Ord. No. 23-66, 10-24-95)

(a)

Application for approval of a special use may be filed by any property owner, person, or by any government official specifically authorized to file such application in writing by the owner of the lot on which the use is to be located.

(b)

Before filing the application, the applicant is strongly encouraged to meet with the county to discuss the proposed use and to become more familiar with the applicable requirements and approval procedures of the county.

(c)

An application for approval of a special use shall be filed with the county on a form provided and shall contain or be accompanied by such information and plans as required on the form. The director may waive or modify any of the submission requirements due to the scope and nature of the proposed use. At a minimum, the application shall be accompanied by a generalized development plan drawn to the size and scale specified on the application form. Preparation of the plan by a licensed architect, engineer, landscape architect or surveyor is required. The generalized development plan shall include the following information unless the submission requirements have been waived or modified by the director due to the scope and nature of the proposed development:

(1)

A title block denoting the type of application, name of project, tax map reference and street address;

(2)

The name, address and phone number of the applicant;

(3)

The name, address, phone number, signature and registration number of the plan preparer, and the preparation date of the plan;

(4)

Vicinity map, 1″ = 2,000′, a north arrow, scale, and scale graphic;

(5)

The identification of and distance to all major intersections within one-half mile of the proposed development;

(6)

The boundary of the entire parcel with courses and distances;

(7)

Any existing and proposed parcel lines, easements or rights-of-way within the subject parcel;

(8)

The present zoning and principal use of the subject parcel and all contiguous properties;

(9)

The boundaries of any overlay zoning districts described in article 6 of this chapter;

(10)

A table (with computations) stating the types of proposed uses, the number of residential dwelling units and densities, and the gross and net floor areas of nonresidential structures;

(11)

The general locations, dimensions, height, number of floors, and setbacks of all existing and proposed buildings, structures and other improvements;

(12)

A table (with computations) estimating the lot coverage ratio and impervious surface ratio;

(13)

The boundaries of any lakes, rivers, streams, ponds, or wetlands;

(14)

A generalized landscape plan showing existing vegetation, proposed clearing limits, and indicating the location, and types of vegetation to be installed under the landscaping and bufferyard requirements of article 5, division 5, of this chapter;

(15)

The general location, and material descriptions of all other existing and proposed screens, bufferyards or landscaping;

(16)

The location and dimensions of existing and proposed parking and loading areas and any other impervious surfaces, such as driveways, streets (and names), cement sidewalks and playing surfaces;

(17)

The location and description of all points of access including all proposed interparcel connections;

(18)

The estimated daily vehicular trips generated by the proposed development on each road segment shown on the plan;

(19)

The location and dimensions of on-site pedestrian walkways or bicycle paths and any connection to adjacent property;

(20)

The location and dimensions of existing water and sewer mains serving the site of the proposed development, points of connection to public water and sewer and/or location of wells and septic systems and reserve drainfields;

(21)

Topographic contour lines at ten-foot intervals using United States Geologic Survey 7.5 minute quadrangles for the existing site;

(22)

The location and dimensions of on-site and off-site facilities for the retention or detention of stormwater;

(23)

The size, location and boundaries of any common open spaces, recreation areas and recreation facilities, including a statement of whether such open areas are to be dedicated to the public;

(24)

For large-scale, phased developments, identification of the location and timing of each phase of the development;

(25)

Any known historic building or features;

(26)

Any known places of burial;

(27)

Floodplains and resource protection areas;

(28)

Signature and seal of professional person certifying the plan.

(d)

Within ten (10) working days after receiving an application for special use approval, the county shall determine whether the application is complete. If the county determines that the application is not complete, it shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-73, 8-12-97)

(a)

Once an application for special use approval is determined to be complete, county staff shall schedule the application for a public hearing before the planning commission and shall review the application and development plan for compliance with the requirements of this chapter.

(b)

The director of planning shall transmit the application and other information to any state, county or other government agencies for review and comment as appropriate.

(c)

After the application is determined to be complete in accordance with section 23-4.5.3(d) and all agency comments have been received in accordance with section 23-4.5.4(b), county staff shall submit a written staff report to the planning commission on the proposed special use.

(Ord. No. 23-66, 10-24-95)

The planning commission shall conduct a public hearing, after giving notice in accordance with section 23-4.2.1 of this chapter, and shall submit a written report and recommendation on the proposed special use to the board of supervisors no later than sixty (60) days after the public hearing, unless requested sooner by the board of supervisors.

(Ord. No. 23-66, 10-24-95)

(a)

Upon receipt of the report and recommendation of the planning commission and the staff report, the board of supervisors shall conduct a public hearing, after giving notice in accordance with section 23-4.2.1 of this chapter.

(b)

The board of supervisors shall make a decision upon the application within a reasonable time not to exceed twelve (12) months from the date that the application is determined to be complete, unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his application. The board of supervisors may:

(1)

Approve the special use, with or without reasonable conditions, if the board finds that the proposed use complies with the standards set out in section 23-4.5.7 of this division; or

(2)

Deny the special use, (i) if the board finds that the proposed use does not comply with the standards set out in section 23-4.5.7 of this division; or (ii) if permitted uses alone allow reasonable use of the property; or

(3)

Refer the application back to the planning commission for further study and review.

(c)

The board of supervisors may attach such conditions to the approval as it deems necessary to have the proposed use meet the standards set forth in section 23-4.5.7 below and to prevent or minimize adverse impacts on other property in the neighborhood. Such conditions may include, but are not limited to:

(1)

Limitations on size, bulk and location of buildings, structures, and required improvements;

(2)

Requirements for side, front and rear building setbacks necessary for orderly expansion and to prevent traffic congestion;

(3)

Requirements for landscaping, signage and outdoor lighting;

(4)

Provision of screening or buffering between the proposed use and uses on adjoining properties;

(5)

Provision for adequate parking and ingress and egress to public streets and roads;

(6)

Limitations on the duration of the approval;

(7)

Limitation on hours and method of operation; and

(8)

The mitigation of environmental impacts, including noise, smoke, dust, or other elements that may affect surrounding properties.

Such conditions may be stricter than any requirement or limitation stated elsewhere in this chapter for the proposed use. No minimum standards are waived.

(d)

The board of supervisors shall give the applicant written notice of its decision and any conditions to which its decision is subject.

(Ord. No. 23-66, 10-24-95)

The planning commission shall not recommend, nor shall the board of supervisors approve, the proposed special use unless it satisfies the following standards:

(a)

General standards:

(1)

That the proposed use is in accord with the comprehensive plan and other official plans adopted by the county;

(2)

That the proposed use or development of the land will be in harmony with the scale, bulk, coverage, density, and character of the area or neighborhood in which it is located;

(3)

That the proposed use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;

(4)

That the proposed use will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use;

(5)

That the proposed use will not be detrimental to the public welfare or injurious to property or improvements within the neighborhood;

(6)

That the proposed use is appropriately located with respect to transportation facilities, water supply, wastewater treatment, fire and police protection, waste disposal, and similar facilities;

(7)

That the proposed use will not cause undue traffic congestion or create a traffic hazard;

(8)

That the proposed use will have no unduly adverse impact on environmental or natural resources.

(b)

Use specific standards in the A-1, A-2, A-3 and Ru districts:

(1)

Automobile, tractor and trailer repair shops in the A-1, A-2, A-3 and Ru districts:

a.

The floor area of the use shall not exceed one thousand (1,000) square feet;

b.

The use shall be located within two hundred fifty (250) feet of an intersection where at least one (1) of the intersecting roads is a state numbered road;

c.

The use shall not involve the outside storage of any vehicle, equipment or parts within two hundred (200) feet of any public road, unless such storage area is screened from all public roads with an opaque fence or wall of at least six (6) feet in height and with Transitional Screening 3;

d.

The design of the structure within which the use is located shall reflect the rural character of the county, including but not limited to:

i.

all structures, shall be designed to reflect the traditional building style of rural Spotsylvania County;

ii.

all structures shall be constructed of materials that reflect the traditional building materials of rural Spotsylvania County, including but not limited to red brick, stucco, white frame and other colonial period materials;

iii.

roofs of all structures shall be pitched; and

iv.

colors and finishes shall be traditional and reflect the traditional and historical character of rural Spotsylvania County;

e.

No more that one (1) sign shall be located on the premises which shall be a ground sign not exceeding six (6) feet in height or twenty-four (24) square feet for each surface area and which shall be landscaped with shrubs;

f.

The permitted sign shall not provide for changeable copy.

(2)

Places of worship in the A-1, A-2, A-3 and Ru districts:

a.

The design of the structure within which the use is located shall reflect the rural character of the county, including but not limited to:

i.

all structures, shall be designed to reflect the traditional building style of rural Spotsylvania County;

ii.

all structures shall be constructed of materials that reflect the traditional building materials of rural Spotsylvania County, including but not limited to red brick, stucco, white frame and other colonial period materials;

iii.

roofs of all structures shall be pitched; and

iv.

colors and finishes shall be traditional and reflect the traditional and historical character of rural Spotsylvania County;

(3)

Private schools in the A-1, A-2, A-3 and Ru districts:

a.

The design of the structure within which the use is located shall reflect the rural character of the county, including but not limited to:

i.

all structures shall be designed to reflect the traditional building style of rural Spotsylvania County;

ii.

all structures shall be constructed of materials that reflect the traditional building materials of rural Spotsylvania County, including but not limited to red brick, stucco, white frame and other colonial period materials;

iii.

roofs of all structures shall be pitched; and

iv.

colors and finishes shall be traditional and reflect the traditional and historical character of rural Spotsylvania County;

b.

No more that one (1) sign shall be located on the premises which shall be a ground sign which does not exceed six (6) feet in height or twenty-four (24) square feet for each surface area and shall be landscaped with shrubs.

(4)

Wineries in the A-1, A-2, A-3 and Ru districts:

a.

Public access shall be controlled and screened from land which is used or permitted to be used for residential purposes;

b.

Food service to the public shall be incidental to the primary winery production use;

c.

The design of the structure within which the use is located shall reflect the rural character of the county, including but not limited to:

i.

all structures, shall be designed to reflect the traditional building style of rural Spotsylvania County;

ii.

all structures shall be constructed of materials that reflect the traditional building materials of rural Spotsylvania County, including but not limited to red brick, stucco, white frame and other colonial period materials;

iii.

roofs of all structures shall be pitched; and

iv.

colors and finishes shall be traditional and reflect the traditional and historical character of rural Spotsylvania County;

d.

No more that one (1) sign shall be located on the premises which shall be a ground sign not exceeding six (6) feet in height or twenty-four (24) square feet for each surface area and which shall be landscaped with shrubs; and

e.

The permitted sign shall not provide for changeable copy.

(c)

Use specific standards in the I-1 and I-2 district:

(1)

Adult oriented businesses in the I-1 and I-2 district:

(a)

No permit shall be authorized for such use or structure less than a distance of one thousand (1,000) feet from any:

i.

residential district boundary or residential use;

ii.

child day care center;

iii.

school, public or private, and their adjunct play areas and school board property, college or university;

iv.

public park, playground, swimming pool;

v.

public library, museum, or cultural center;

vi.

historic district;

vii.

church or other place of worship;

viii.

any other adult business;

ix.

any building used by a Federal, State or County agency or department;

x.

nursing homes;

xi.

hotel, motel, inn, and

xii.

lodging house.

(2)

Spacing distances.

(a)

For the purpose of subsection (c), spacing distances shall be measured, as follows:

1.

From all property lines of any "regulated use".

2.

From the outward line or boundary of any residentially zoned district.

3.

From all property lines of any residential use or the property lines of any use set forth in subsection(c)(1)(a).

(3)

Hours of operation. The adult business shall not operate between the hours of 11:00 p.m. and 9:00 a.m. on any particular day.

(4)

Other requirements.

(a)

Adult merchandise shall be located in a separate room or other area inaccessible to persons under eighteen (18) years of age.

(b)

All owners, managers, and employees shall be at least eighteen (18) years of age.

(c)

The owner or operator shall provide adequate lighting for all entrances, exits and parking areas serving the adult business, and all areas of the establishment where the adult business is conducted. "Adequate lighting" means sufficient lighting for clear visual surveillance.

(d)

Obstruction of viewing area: no person(s), curtain(s), door(s), wall(s), display rack(s) or any other item(s) or material(s), either permanent or temporary in nature, nor any permanent or temporary enclosure(s) shall obstruct the direct line of sight of any viewing area on the premises of an adult oriented business.

(e)

Employee required to be on premises. At least one (1) employee, in addition to any persons providing live exhibitions or performances, must be on duty on the premises of a sexually oriented business at all times that any patron, customer or member of the audience is inside the business, and such employee must have a direct line of sight of any viewing area.

(d)

Solar energy facility (SEF) in the A-2, A-3, and Ru districts:

(1)

Components within the SEF may be replaced or upgraded as needed throughout the life of the facility provided they do not increase visibility from adjoining property owners. Alterations to the SEF's design which increase visibility beyond that which was approved through an existing SUP shall require amendment of the SUP.

(2)

Access to the property for Spotsylvania County Fire, Rescue, and Emergency Services shall be provided in a manner acceptable to the county.

(3)

Noise requirements for SEFs shall be the same as noise requirements for other types of development within residential zoning designations per Section 14.51.

(4)

SEFs, including all electrical and mechanical components, shall conform to all relevant and applicable local, state, and national codes, standards, and inspection requirements, including but not limited to the Virginia Stormwater Management Program, Virginia Erosion and Sediment Control Program, Chesapeake Bay Preservation Act, County SUPs 23-4.5, County Chesapeake Bay Preservation 23-6A, and County Stormwater Management 23-19A.

(5)

Any cleaning products used to maintain photovoltaic materials must be biodegradable.

(6)

SEFs shall be screened as determined by the board of supervisors in order to minimize visibility and aesthetic impacts to neighboring uses and roadways.

(7)

A view shed analysis shall be submitted to assess visibility from adjoining property owners and roadways.

(8)

A map analysis shall be submitted depicting any airports within five (5) miles from the exterior boundaries of the SEF. Any airports located within this five (5) mile area shall be notified by the applicant of their SUP application. If notification is required to any airports then the Federal Aviation Administration (FAA) must be additionally notified via FAA's Washington Airports District Office. The notifications must include a copy of the applicant's SUP application as submitted to the county, including all attachments. A sworn affidavit shall subsequently be provided to the county attesting that the notification was sent and received.

(9)

As part of the SEF application, the applicant shall submit a construction phasing plan which shall include the following:

a.

The anticipated life of the project;

b.

The phasing of the project's construction, including any off-site improvements;

c.

When the project is estimated to be complete.

(10)

Site(s) identified for SEF use within the construction phasing plan shall be remediated, whether revegitated, resoiled, or regraded, or any combination thereof as described within the decommissioning plan.

(11)

As part of the SEF application, the applicant shall submit a decommissioning plan executed and notarized by the landowner(s), applicant, and any other responsible party, and such plan shall include the following:

a.

Identification of and full contact information for the party or parties, if any, other than the landowner(s) and the applicant responsible for decommissioning the site;

b.

The timeline and manner in which the SEF will be decommissioned and the site(s) restored to a condition reasonably similar to the condition prior to development;

c.

The estimated decommissioning cost in current dollars of each phase described in the construction phasing plan;

d.

The estimated cost of post-decommissioning site restoration. The estimations of the decommissioning costs shall be calculated by a licensed engineer and shall include all phases of decommissioning, including land restoration.

(12)

The landowner(s) or applicant shall provide the county with a surety equivalent to the cost of removal of the SEF prior to issuance of a site plan permit. The surety may be in the form of a bond, cash account, or cash escrow. For phased projects, individual sureties may be provided coincident with each phase of the SEF's construction and the site restoration costs may be included incrementally with each phase. The sureties must include an adjustment for inflation over the anticipated life of the project as identified in the construction phasing plan.

(13)

Commencing two (2) years after the date of approval of the SUP for a SEF, and after every subsequent two (2) year period, on the anniversary of the date of approval of the SUP, the construction plan and decommissioning plan shall be updated and resubmitted to the County and the decommissioning surety shall be adjusted, if necessary, to reflect the then current decommissioning cost.

(14)

At such time that any component of the SEF exceeds one (1) continuous year of inoperable status it shall be considered abandoned and the applicant and landowner shall be notified by the zoning administrator of the date of the component's abandonment ("date of abandonment").

(15)

Within one (1) year of the date of abandonment, the applicant or landowner shall repair or replace the component, or complete the physical removal of the abandoned component(s). This period may be extended at the request of the applicant or landowner upon approval of the zoning administrator based on the scope, nature, and location of the abandoned component(s) and their effect on the health, safety, and welfare of the county residents.

(16)

If removal to the satisfaction of the county does not occur within one (1) year from the date of abandonment then the county may remove and salvage the component(s) and all supporting equipment using the decommissioning surety. Should the surety fail to adequately fund the decommissioning of the site(s) the county will recover any difference, including attorney fees and any zoning violation fines, if applicable, through legal action against the designated responsible party or parties identified in the decommissioning plan, applicant, and/or landowner(s) party to the SUP, and their respective successors and assigns.

(17)

Should the county be forced to use any of a decommissioning surety to remove an abandoned component no additional building permits or site plan permits shall be issued pursuant to the operation of the SEF until a new construction plan, decommissioning plan, and decommissioning surety have been submitted and approved by the county.

(18)

Any change of ownership, lessee, or party responsible for decommissioning of the SEF, or change in any part of the contact information shall be reported to the zoning administrator within sixty (60) days of the change(s).

(e)

Use specific standards in the C-2, C-3, I-1, and I-2 districts:

(1)

Use specific standards related to vehicle sale, rental, and ancillary service establishment, small scale:

(a)

In addition to the application requirements in section 23-4.5.3, the following shall be required submissions:

1.

Vehicle delivery statement which details how stock vehicles will be delivered onto the lot.

2.

A minimum of ten (10) paved vehicle stock spaces are required per dealership.

3.

Certified parking plan drawn to scale that shows ingress and egress, loading zone, all parking spaces labeled with dimensions, and designates which parking spaces are for use by customers, employees, and vehicle stock.

i.

Indicate which entrance and/or driveway(s) any vehicle delivery truck will use to access the lot and the loading space(s).

ii.

For dealerships sharing one lot, the parking plan must demonstrate that the parking requirements are met for each individual dealership.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-72, 4-22-97; Ord. No. 23-120, 10-9-07; Ord. No. 23-173, § 2, 11-9-17; Ord. No. 23-174, § 1, 11-28-17)

Once a special use is approved, the applicant is then eligible to apply for site plan approval under the provisions of division 11 of this article.

(Ord. No. 23-66, 10-24-95)

After a special use has been approved, any significant changes to the terms or conditions of approval of the special use shall require separate review and approval by the board of supervisors. Any application for approval of such a change shall be filed, processed, reviewed, and approved or denied in the manner set forth in this division for an original application for special use approval. An application for approval of modifications to the approved site plan for the special use shall be filed separately under the provisions of division 11 of this article.

(Ord. No. 23-66, 10-24-95)

(a)

Special use approval shall lapse, and become null and void, where the applicant or a successor-in-interest has failed to establish the use authorized thereby or to commence and diligently pursue the construction authorized thereby within eighteen (18) months after the date of approval of the special use unless otherwise indicated in the special use permit. The board of supervisors may grant a one year extension of this time limit, for good cause shown, upon receiving a written request from the applicant at least thirty (30) days before the expiration of the original time limit.

(b)

If at any time after a special use is approved, and the applicant is found to be in violation of any of the conditions to the approval, the standards of this division, or other standards or requirements of this chapter, the recipient of the special use approval shall be subject to the penalties described in Article 9 [Enforcement] of this chapter, including revocation of the special use approval.

(c)

Special use approval may be revoked by the board of supervisors for unremedied or repeated violations of special use conditions or failure to satisfy the requirements of this chapter only after conducting a public hearing and giving written notice in accordance with division 2 of this chapter.

(Ord. No. 23-66, 10-24-95)

If a special use is denied, refiling of substantially the same application shall not be permitted until one (1) year after the date of the disapproval.

(Ord. No. 23-66, 10-24-95)

In accordance with Code of Virginia, § 15.2-2284, as amended, the zoning map shall be drawn and applied and may be amended with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the availability of or plans for construction of necessary public utilities, the trends of growth and development in the area, the current and future requirements of the community as to land use for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public facilities and services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality. The purpose of this division is to provide standards and procedures applicable to zoning map amendments.

(Ord. No. 23-162, 6-14-16; Ord. No. 23-176, § 1, 9-11-18)

(a)

Amendments to the zoning map can be initiated by resolution or motion by the planning commission or board of supervisors. Any resolution or motion by the planning commission or board of supervisors shall state the public purpose for the amendment of the zoning map prescribed by this division. Upon adoption of any such resolution or motion for an amendment to the zoning map, such amendment shall be prepared and a public hearing scheduled to consider the amendment in accordance with the requirements of division 2 of this article.

(b)

Amendments to the zoning map can be initiated by the property owner. An application for an amendment to the zoning map may be filed by the owner of the lot or parcel which is the subject of the rezoning, by the contract purchaser with the owner's written consent, or by any person acting under a valid power of attorney from the owner.

(c)

Before filing the application, the applicant shall schedule a pre-application meeting with the planning department to discuss the proposed amendment and to become more familiar with the applicable requirements and approval procedures of the county.

(d)

An application for approval of a zoning map amendment shall be filed with the county on a form to be provided by the planning department and shall contain or be accompanied by such information and plans as required on the form or as determined necessary by the director of planning at the pre-application meeting. The director of planning may waive or modify any of the submission requirements due to the scope and nature of the proposed development. The application shall be accompanied by a generalized development plan (GDP) and a GDP narrative describing the proposal as specified on the application form. The GDP shall include the following information unless the minimum submission requirements have been waived or modified by the director of planning due to the scope and nature of the proposed development:

(1)

GDP title sheet(s) to include:

a.

A title block denoting the type of application, name of project, tax map reference, voting district, and street address;

b.

An approval block located along the right side of the title sheet and each subsequent sheet of the generalized development plan;

c.

The name, address, and phone number of the owner and applicant;

d.

The name, address, phone number, signature, and registration number of the GDP preparer, and the preparation date of the GDP;

e.

Vicinity map, 1" = 2,000', a north arrow scale, and scale graphic;

f.

GDP index;

g.

A site data summary table (with computations) providing at minimum:

1.

Tax map reference;

2.

Project area size including total and disturbed acreage;

3.

Existing and proposed zoning designation(s);

4.

A table with computations showing existing by-right unit potential, proposed unit yield by residential unit type, and densities and/or gross and net floor areas of nonresidential structures, where applicable;

5.

Identification of any overlay districts within project limits;

6.

Existing use and types of proposed uses;

7.

Building height, number of floors, and setbacks of all existing and proposed buildings, structures and other improvements;

8.

A table with computations showing trip generation with land use code reference;

9.

Acknowledgement of any known historic building, archaeological features, or historic districts;

10.

Acknowledgement of any known places of burial;

11.

Acknowledgement of any floodplains, resource protection areas, wetlands, steep slopes, dam break inundation zones, onsite;

12.

Parking, including tabulation of required parking and spaces proposed.

h.

A table with computations estimating the lot coverage ratio and impervious surface ratio.

(2)

The identification of and distance to all major intersections within one-half mile of the proposed development;

(3)

The boundary of the entire parcel with courses and distances;

(4)

Any existing or proposed parcel lines, easements or right-of-way within the subject parcel(s);

(5)

The present zoning and principal use of the subject parcel and all contiguous properties;

(6)

Graphic depiction of the boundaries of any overlay zoning districts described in article 6 of this chapter;

(7)

Graphic depiction of the general locations, approximate dimensions, height, number of floors and setbacks of all existing and proposed buildings, structures, accessory structures (including outdoor lighting, fences, bike racks, walls or hedges, trash receptacles), signs, landscaping and buffers, stormwater management facilities, and other improvements;

(8)

Graphic depiction of the boundaries of any water bodies, USGS perennial streams, floodplain, resource protection areas, watershed, wetlands, dam break inundation areas, and steep slopes;

(9)

A generalized landscape plan showing existing vegetation, proposed clearing limits and indicating the location, and types of vegetation to be installed under the landscaping and bufferyard requirements of article 5, division 5, of this chapter, and the general location and material descriptions of any other proposed screens, bufferyards, or landscaping;

(10)

The location and dimensions of existing and proposed parking and loading areas and any other impervious surfaces, such as driveways, streets (and names), sidewalks, bicycle or multi-use trails, and playing surfaces;

(11)

The location and description of all points of access including all proposed interparcel connections;

(12)

The estimated daily vehicular trips generated by the proposed development on each road segment shown on the plan;

(13)

The location and dimensions of existing water and sewer mains serving the site of the proposed development, points of connection to public water and sewer and/or location of wells and septic systems and reserve drainfields;

(14)

Topographic contour lines at two-foot intervals for the existing site;

(15)

The location and dimensions of on-site and off-site facilities for the retention or detention of stormwater;

(16)

The size, location, and boundaries of any common open spaces, recreation areas, and recreation facilities, including a tabulation of usable open space in accordance with the open space definition in section 23-2.1.4., Definitions;

(17)

For large-scale, phased developments, identification of the location and timing of each phase of the development;

(18)

Graphic depiction of any known historic building, archaeological features, or historic districts;

(19)

Graphic depiction of any known places of burial and easements for cemetery access in accordance with the Code of Virginia, § 57-27.1, as amended;

(20)

A description of the methods proposed to control erosion, sedimentation, and stormwater runoff; and

(21)

A description of the persons to be responsible for future maintenance of all roads, easements, parks, playgrounds, stormwater and drainage facilities, and other common areas.

(22)

Signature and seal of the licensed architect, engineer, landscape architect, or surveyor certifying the plan.

(e)

Determination of completeness. Within ten (10) working days after receiving an application for a map amendment, the county shall determine whether the application is complete. If the county determines that the application is not complete, it shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(Ord. No. 23-162, 6-14-16; Ord. No. 23-176, § 1, 9-11-18)

(a)

The owner of property which is the subject of a rezoning request may proffer that, in the event the property is rezoned to a requested zoning district, the use and development of the property will be subject to specified reasonable conditions, in addition to the regulations provided by this chapter for the zoning district; provided, however, all such conditions are in conformity with the Spotsylvania County Comprehensive Plan and requirements of the Code of Virginia.

(b)

The submission and acceptance of proffered conditions shall be in accordance with the following procedures:

(1)

If an applicant for a change of zoning desires to proffer conditions, then either the proffers or a statement of intent to submit proffers shall accompany the rezoning application. All proposed proffers shall be submitted in writing in a format acceptable to the director of planning. Proffers shall be clear and succinct and shall be separated into independently enumerated paragraphs, each of which addresses no more than one (1) aspect of the development and use of the property. Any proffered generalized development plans, architectural elevations, and other graphic representations or sample materials shall accompany the proffer statement and shall be clearly identified and incorporated by reference in the text of the proffers.

(2)

Any modified or revised proposed proffers shall be accompanied by comparative drafts highlighting the changes made in such modification or revision.

(3)

Any proffers shall be approved as to form by the county attorney. Proffered conditions presented to the planning commission or board of supervisors must be signed by the record owner of the subject property, or an agent with power of attorney authorized to sign the proffered conditions, and notarized. The planning commission hearing on a rezoning application shall not be scheduled without these signatures on the proffer statement.

(4)

Additional amendments to the proffered conditions shall be submitted not less than fourteen (14) days prior to the scheduled planning commission public hearing unless the public hearing is postponed.

(5)

If the applicant wishes to amend proffered conditions once the public hearing has begun the planning commission shall continue consideration of the rezoning to a future meeting and the amended proffers, shall be submitted not less than fourteen (14) days prior to that meeting date.

(6)

After the planning commission public hearing, the applicant may submit additional proffers or modifications to address issues identified in the staff report considered or discussed by the planning commission at the public hearing.

(7)

The board of supervisors public hearing shall be scheduled once the proffered conditions are approved to form. Additional amendments to the proffered conditions shall be submitted not less than fourteen (14) days prior to the scheduled board of supervisors public hearing unless the public hearing is postponed.

(8)

If the applicant wishes to amend proffered conditions once the public hearing has begun the board of supervisors shall continue consideration of the rezoning to a future meeting and the amended proffers shall be submitted not less than fourteen (14) days prior to that meeting date.

(9)

In the event that the board of supervisors determines that the property should be rezoned to a requested zoning district, it may make such rezoning subject to some or all of the conditions proffered by the applicant.

(10)

Proffered conditions shall become a part of the zoning regulations applicable to the property in question and shall be noted on the zoning map. No development activity on the subject property shall be approved by any county official in the absence of conformance with the proffered conditions including proffers defining the specific uses and the physical layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant. For the purpose of this section, "conformance" shall be interpreted to provide a reasonable margin for adjustments in the physical layout of the development due to final engineering data, provided that the adjustment does not increase the density of the proposed development or reduce any provision intended to mitigate the impact of the development on adjacent properties or the community.

(11)

Once proffered and accepted as a part of an amendment to the zoning ordinance, conditions shall continue in effect until subsequent amendment changes the zoning on the property covered by such conditions; such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(12)

Applications for the amendment or deletion of proffered conditions previously accepted by the board of supervisors shall be considered through the same process as any other request for a zoning map amendment.

(13)

Within thirty (30) days after board of supervisors approval of proffered conditions as part of an amendment to the zoning map, the applicant shall cause a notice of conditional zoning to be recorded among the land records of the circuit court of the county, in a form approved by the county attorney, indicating that such proffered conditions shall run with the rezoned property and shall remain in effect until the board of supervisors amends the zoning on the property or otherwise modifies the conditions.

(14)

The provisions of this section shall be administered and interpreted in accordance with Virginia Code, § 15.2-2303.

(c)

Proffered dedications of land for public facilities must be pursuant to a project identified within the Capital Improvement Plan (CIP) or substantially in accord with the comprehensive plan in accordance with Virginia Code, § 15.2-2232. Proffered conditions that include land dedication, but not including right-of-way along existing roadways, shall be accompanied by the following:

(1)

Topographical and boundary survey of the property to be proffered, including identification of resource protection areas (RPAs) and jurisdictional wetlands, known hazards, and preliminary geotechnical information;

(2)

Phase I environmental site assessment;

(3)

Phase I archaeological survey and report;

(4)

Endangered species survey and report; and

(5)

An appraisal report prepared by a certified general appraiser licensed by the Virginia Real Estate Appraiser Board accompanied by an affidavit from the appraiser certifying its compliance with the Uniform Standards of Professional Appraisal Practice, as amended, and meeting the following standards:

a.

The appraised market value of the property shall be valued coincident with the date of the appraisal report;

b.

The appraisal of the property shall be done as-is and free of hypothetical conditions; and

c.

The appraisal shall not exceed the value for the highest and best use that is consistent with the existing zoning requirements and shall be for a use for which the property is adaptable and needed or likely to be needed in the reasonably near future, that considers factors including but not limited to, known hazards, slopes, resource protection areas, jurisdictional wetlands, floodplains, and soil conditions of the property and for which existing roads serving the property are sufficient to support the highest and best use proposed for the property.

(Ord. No. 23-162, 6-14-16; Ord. No. 23-176, § 1, 9-11-18)

(a)

Once an application for a map amendment is determined to be complete, county staff shall review the application for compliance with the requirements of this chapter.

(b)

The director of planning shall transmit the application and other information to any state, county or other government agencies for review and comment as appropriate.

(c)

After the application is determined to be complete and all agency comments have been received, county staff shall provide the comments in writing to the applicant so that they may make revisions.

(d)

County staff shall schedule the application for a public hearing before the planning commission and submit a written staff report to the planning commission on the proposed map amendment.

If an application for a map amendment is filed in conjunction with an application for approval of a special use permit, the county shall coordinate the review of the proposed map amendment with the review of the application for the special use permit.

(Ord. No. 23-162, 6-14-16; Ord. No. 23-176, § 1, 9-11-18)

The planning commission shall conduct a public hearing, after giving notice in accordance with section 23-4.2.1 of this chapter, and shall submit a written report and recommendation on the proposed map amendment to the board of supervisors no later than sixty (60) days from the date of conclusion of the public hearing.

(Ord. No. 23-162, 6-14-16; Ord. No. 23-176, § 1, 9-11-18)

(a)

Upon receipt of the report and recommendation of the planning commission and staff, the board of supervisors shall conduct a public hearing, after giving notice as provided in division 2 of this article.

(b)

After conducting a public hearing, the board of supervisors shall make a decision upon the proposed amendment within a reasonable time not to exceed twelve (12) months from the date that the application is determined to be complete, unless the applicant requests or consents to action beyond such period or unless the applicant withdraws his application. The board of supervisors may:

(1)

Approve the zoning map amendment, with or without proffers;

(2)

Deny the zoning map amendment;

(3)

Refer the application back to the planning commission for further study and review;

(4)

Continue the public hearing and/or vote to a future meeting; or

(5)

Rezone the property to a district that permits uses that are more intense than permitted in the preexisting district but less intense than the applicant's proposed district.

(Ord. No. 23-162, 6-14-16; Ord. No. 23-176, § 1, 9-11-18)

Amendments initiated by a property owner may be withdrawn upon the submittal of a signed written request by the property owner to the director of planning. Such request must be received prior to the close of the public hearing by the board of supervisors. Upon such withdrawal, processing of the application shall cease.

(Ord. No. 23-162, 6-14-16)

(a)

Proffers to be indicated on zoning map; proffered conditions index. The zoning map shall show, by an appropriate symbol on the map, the existence of proffered conditions which were attached to the zoning district when the map was amended. The county shall keep and make available for public inspection a proffered conditions index. The index shall provide ready access to the proffered conditions in a particular district.

(b)

Administration and enforcement of proffered conditions. The zoning administrator shall be vested with all necessary authority, on behalf of the board of supervisors, to administer and enforce proffered conditions, including:

(1)

Ordering in writing compliance with such proffered conditions;

(2)

Bringing of legal action to insure compliance;

(3)

Requiring a guarantee or contract, or both, as allowed by Virginia Code, § 15.2-2299, for construction of physical improvements required by proffered conditions, including but not limited to letters of credit securing funds necessary to complete proffered improvements; and/or

(4)

Denial of the issuance of any required site plan approval, building or occupancy permits.

(c)

Petition for review of enforcement decision. Any person who is aggrieved by a decision of the zoning administrator in the enforcement of proffered conditions pursuant to this section may petition the governing body for the review of the enforcement decision pursuant to § 15.2-2301 of the Code of Virginia. Such appeal shall be filed within thirty (30) days from the date of the decision appealed by filing a petition for review of decision with the zoning administrator and the clerk of the board of supervisors. Such petition shall specify the grounds on which the applicant is aggrieved and the basis for the appeal.

(d)

Any party who is aggrieved by a decision of the governing body on appeal taken pursuant to this section may petition the circuit court for review of the decision. The provisions of Subsection F of the Virginia Code, § 15.2.2285 shall apply to such petitions mutatis mutandis.

(Ord. No. 23-162, 6-14-16)

Once conditions have been proffered and accepted as part of an amendment to the zoning map, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of substantial revisions to this chapter.

(Ord. No. 23-162, 6-14-16)

Once the board of supervisors has approved proffered conditions pursuant to this division, no material amendment or material variation of such conditions may be made until public hearings have been held before the board of supervisors and the planning commission pursuant to division 2 of this chapter and notice of such hearings has been given pursuant to division 2 of this chapter.

(Ord. No. 23-162, 6-14-16)

Where an application for an amendment to the zoning map is disapproved by the board of supervisors, the board may not reconsider substantially the same application for a period of one (1) year following the date of the denial of the application by the board of supervisors.

(Ord. No. 23-162, 6-14-16)

This division is intended to set out the steps for review and approval of proposed amendments to the text of this chapter. (Amendments to the zoning maps are governed by division 6.)

(Ord. No. 23-66, 10-24-95)

Amendments to the text of this chapter may be initiated only by resolution of the board of supervisors or by motion of the planning commission.

(Ord. No. 23-66, 10-24-95)

(a)

Upon adoption of a resolution or motion by the planning commission or board of supervisors to amend the text of this chapter, the planning department shall prepare the text amendment and shall schedule the amendment for consideration at a public hearing before the planning commission.

(b)

The director of planning may transmit the proposed amendment and other relevant information to any state, county or other government agencies for review and comment as appropriate.

(c)

The director of planning shall prepare and submit a written staff report to the planning commission on the proposed text amendment.

(Ord. No. 23-66, 10-24-95)

The planning commission shall conduct a public hearing, after giving notice in accordance with division 2 of this chapter, and shall submit a written report and recommendation on the proposed text amendment to the board of supervisors no later than sixty (60) days from the public hearing, unless required sooner by the board of supervisors.

(Ord. No. 23-66, 10-24-95)

(a)

Upon receipt of the report and recommendation of the planning commission and staff, the board of supervisors shall conduct a public hearing, after giving notice as provided in division 2 of this article.

(b)

After conducting a public hearing, the board of supervisors may:

(1)

Approve the text amendment; or

(2)

Modify the text amendment; or

(3)

Deny the text amendment; or

(4)

Refer the application back to the planning commission for further study and review.

(Ord. No. 23-66, 10-24-95)

(a)

An application for a variance may be filed by any property owner, tenant, government official, department, board or bureau, or by an agent, lessee, or contract purchaser specifically authorized in writing to file such application by the owner of the lot or parcel which is the subject of the variance.

(b)

An application for a variance shall be filed with the county on a form provided by the county.

(c)

The application shall contain or be accompanied by such copies, information and plans as required on the application form. At a minimum, the application shall be accompanied by a plan showing the proposed development and other site features necessary to evaluate the proposed development under this division.

(d)

Within ten (10) working days after receiving an application for a variance, the county shall determine whether the application is complete. If the county determines that the application is not complete, it shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(Ord. No. 23-66, 10-24-95)

(a)

Once an application for a variance is determined to be complete, the zoning administrator shall review the proposed variance for compliance with the requirements of this division and shall schedule the variance for consideration at a public hearing before the board of zoning appeals.

(b)

The zoning administrator shall transmit the proposed variance and other relevant information to any state, county or other government agencies for review and comment as appropriate. A copy of the application shall be transmitted to the planning director.

(c)

After the application is determined to be complete and all agency comments have been received, the zoning administrator shall submit the application together with a written staff report to the board of zoning appeals and the planning director.

(Ord. No. 23-66, 10-24-95)

(a)

Upon receiving the application and report, the board of zoning Appeals shall conduct a public hearing on the proposed variance after notice of such hearing has been given pursuant to section 23-4.2.1 of this chapter and decide the same within ninety (90) days of the filing of the application.

(b)

Based on consideration of the general purpose and standards set forth in section 23-4.8.4 of this division, the board of zoning appeals may:

(1)

Grant the variance, with or without conditions;

(2)

Deny the variance; or

(3)

Refer the application back to county staff for further study and review.

(c)

In authorizing a variance the board of zoning appeals may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed are being and will continue to be met.

(Ord. No. 23-66, 10-24-95)

(a)

The board of zoning appeals shall authorize a variance from the terms of this chapter only when the evidence presented by the applicant demonstrates all of the following:

(1)

That the strict application of this chapter would unreasonably restrict the utilization of the property or the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance;

(2)

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

(3)

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

(4)

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

(5)

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

(6)

The relief or remedy sought by the variance application is not available through a special use permit or the process for modifying this chapter at the time of the filing of the application;

(7)

Such need for a variance is not shared generally by other properties;

(8)

Such variance is not contrary to the intended spirit and purpose of this chapter.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-133, 9-8-09; Ord. No. 23-161, 1-12-16)

(a)

In addition to the other requirements of this division, in passing upon applications for variances from the provisions of article 7, division 3, pertaining to floodplain overlay districts, the board of zoning appeals shall consider the danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development or activity that will cause any increase in flood levels during the one-hundred year flood.

(b)

The board of zoning appeals may refer any application and accompanying documentation pertaining to any request for a variance under the provisions of this section to any qualified engineer or person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities and the adequacy of the plans for protection and other related matters.

(c)

Variances from the provisions of article 7, division 3, of this chapter [Floodplains] shall only be issued after the board of zoning appeals has determined that the granting of such will be the minimum modification necessary to relieve the hardship and that all technical data relevant to the decision was prepared by a professional engineer or other qualified person and will not result in:

(1)

Unacceptable or prohibited increases in flood heights;

(2)

Additional threats to public health or safety;

(3)

Unacceptable extraordinary public expense;

(4)

The creation of nuisances;

(5)

Fraud or victimization of the public; or

(6)

Conflict with local laws or ordinances.

(d)

The board of zoning appeals shall notify the applicant for a variance, in writing, that the issuance of a variance to construct a structure below the required elevation increases risks to life and property and may result in increased premium rates for flood insurance. A record of such notification, as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the federal insurance administrator.

(Ord. No. 23-66, 10-24-95)

If an application for a variance is denied, the board of zoning appeals shall not reconsider substantially the same application for a period of at least one (1) year from the date of denial.

(Ord. No. 23-66, 10-24-95)

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer or department of the county may present to the circuit court of the county a petition specifying the grounds on which he or she is aggrieved within thirty (30) days after the filing of the decision in the office of the board of zoning appeals, in accordance with section 15.1-497 of the Code of Virginia.

(Ord. No. 23-66, 10-24-95)

(a)

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer or department of the county affected by any order, requirement, decision or determination made by the zoning administrator or by any other administrative officer in the administration or enforcement of this chapter.

(b)

Any written notice of a zoning violation or a written order of the zoning administrator shall include a statement informing the recipient that he may have a right to appeal the notice of a zoning violation or a written order within thirty (30) days in accordance with this section, and that the decision shall be final and unappealable if not appealed within thirty (30) days. The appeal period shall not commence until such statement is given.

(c)

Such appeal shall be taken within thirty (30) days after the decision appealed from by filing an application with the zoning administrator on a form provided by the county. The application shall state the grounds of the appeal and shall include such copies, information and plans as required on the application.

(d)

Within ten (10) working days after receiving an appeal application, the county shall determine whether the application is complete. If the county determines that the application is not complete, it shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(e)

A complete appeal application shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of zoning appeals that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed other than by a restraining order granted by the board of zoning appeals or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(Ord. No. 23-66, 10-24-95)

After the application is determined to be complete, the zoning administrator shall submit the application and a written staff report to the board of zoning appeals and the planning director, together with all the papers constituting the record upon which the action appealed from was taken.

(Ord. No. 23-66, 10-24-95)

(a)

Upon receiving the application and staff report, the board of zoning appeals shall conduct a public hearing, after giving notice in accordance with the provisions of section 23-4.2.1 of this chapter and giving due notice to the parties in interest. The board of zoning appeals shall decide the appeal within ninety (90) days of the filing of the application.

(b)

The board of zoning appeals may:

(1)

Affirm, in whole or in part;

(2)

Modify; or

(3)

Reverse the order, requirement, decision or determination appealed from.

(c)

The board of zoning appeals shall transmit a copy of its decision to the board of supervisors and planning director.

(Ord. No. 23-66, 10-24-95)

The reversal or modification of any decision made by any administrative officer shall require the county staff to administer the zoning ordinance in accordance with the decision of the board of zoning appeals.

(Ord. No. 23-66, 10-24-95)

Any person aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer or department of the county or the board of supervisors may present to the circuit court of the county a petition specifying the grounds on which he is aggrieved within thirty (30) days after the filing of the decision in the office of the board of zoning appeals, in accordance with section 15.1-497 of the Code of Virginia.

(Ord. No. 23-66, 10-24-95)

Any temporary use which is not otherwise included in this chapter as a permitted use or special use in a particular zoning district shall not be conducted or erected without a temporary use permit issued by the zoning administrator or structure permit issued by the building official in accordance with the requirements of chapters 23 and 5, and any requirements that are set out for a particular temporary use in article 4, division 10, of this chapter.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-69, 1-14-97; Ord. No. 23-156, 4-22-14)

(a)

Agriculture and Rural districts:

(1)

Christmas tree sales;

(2)

Model home;

(3)

Construction yard;

(4)

Dwelling, manufactured home for a property owner or a member of such owner's immediate family;

(5)

On-site sales office for new residences;

(6)

Wayside stand; and

(7)

Other similar temporary use.

(b)

Residential districts:

(1)

Model home;

(2)

On-site sales office for new residences;

(c)

Commercial and Mixed Use districts:

(1)

Wayside stand;

(2)

Christmas tree sale;

(3)

Fair, horse show, tent revival or similar meetings;

(4)

Outdoor retail sales event;

(5)

Model home;

(6)

Pumpkin patches, retail sales of pumpkins during the month of October and;

(7)

Other similar use.

(d)

Industrial districts:

(1)

Meeting, rally;

(2)

Fair, horse show, tent revival or similar meetings; and

(3)

Other similar temporary use.

(e)

Resort residential district:

(1)

Dwelling, manufactured home for a property owner or a member of such owner's immediate family on parcels of ten (10) acres or more outside of subdivisions. The temporary permit shall be issued for a period of one year. Extensions of the temporary permit may be granted by the zoning administrator.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-69, 1-14-97; Ord. No. 23-72, 4-22-97; Ord. No. 23-156, 4-22-14)

(a)

An application for a temporary use permit shall be filed with the county on a form provided by the county, accompanied by such copies, information and plans as required on the application form. At a minimum, the application shall be accompanied by a development plan, which shall include:

(1)

A description of the proposed temporary use, including the days and hours of operation and, in the case of a recreation or sporting event, the number of persons expected to attend.

(2)

The location and dimensions of any proposed buildings or structures to be erected or used, including the dimensions of setbacks.

(3)

The location of public road ingress and egress to the parcel where the proposed temporary use is to be located.

(4)

The location, number, and dimensions of proposed parking areas.

(5)

A description of the measures that will be taken to minimize noise, glare, odors and traffic congestion that are attributable to the proposed temporary use, including a sanitation plan and an emergency plan.

(6)

Proof of ownership of the property or evidence to show approval of the property owner for the use requested.

(b)

Determination of completeness. Within ten (10) working days after receiving an application for a temporary use permit, the zoning administrator shall determine whether the application complies with the standards set forth in this article and other applicable provisions of law. If the zoning administrator determines that the application is not complete, he shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

(a)

Termination. At the end of the time period for which the temporary use was permitted, including any extension periods, the use shall be discontinued, and all temporary structures and signs shall be removed within forty-eight (48) hours.

(b)

Requests for the extension of a temporary use permit shall be made to the zoning administrator who shall forward such extension requests onto the board of county supervisors for approval or denial at the next available meeting.

(c)

The zoning administrator may revoke a temporary use permit at any time upon the failure of the owner or operator of the use covered by the permit to observe all requirements of the permit, the sanitation plan, the emergency plan, this division, and other relevant provisions of law. Notice of such revocation shall be given in writing by the zoning administrator to the owner or operator of the use, by hand-delivery or certified mail, setting forth the reasons for the revocation, the date and time upon which the revocation is effective, and the appeals procedure.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

No temporary use shall be permitted unless it is determined that the following requirements are met, including any requirements for public safety. It shall be the applicant's responsibility to demonstrate compliance with these standards. The zoning administrator may impose reasonable conditions on the proposed use to ensure compliance with these standards or other applicable provisions of law.

(a)

Adjacent uses shall be suitably protected from any adverse effects of the use, including noise and glare. Use shall be consistent with the county ordinances regulating noise.

(b)

The use shall not create hazardous conditions for vehicular or pedestrian traffic, or result in traffic in excess of the capacity of streets serving the use.

(c)

Adequate refuse management, security, emergency services and similar necessary facilities and services shall be available for the temporary use or structure, and all necessary sanitary facilities shall be approved by the county health department.

(d)

The site is suitable for the proposed use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or property.

(e)

The use shall not have a substantial adverse impact on the natural environment, including trees, ground cover and vegetation.

(f)

The use shall not have a substantial adverse impact on public safety.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

(a)

Model home:

(1)

Maximum permit period. Temporary permits for model homes may be issued for a period not to exceed one (1) year. The zoning administrator may renew said permit upon application, provided the model home has been constructed and operated substantially in accordance with the standards herein.

(2)

Off-street parking requirements. All parking shall be provided off-street. A minimum of five (5) parking spaces shall be provided for the first model home in a subdivision or other development and two spaces shall be proved for each additional model home. Such spaces need not be paved with a dustless surface, but must be delineated with curb stops.

(3)

Restriction on use. The permit holder may not sue the model home as his or her principal place of business. The model home shall be used for display purposes only, and not as a contractor's office, real estate office, or annex thereof.

(4)

Business activities. Business activity may be conducted at the model home only between the hours of 9:00 a.m. and 9:00 p.m., seven (7) days per week.

(5)

Limitations on equipment and furnishings. No construction materials or construction equipment may be stored in the model, or on the lot or site.

(6)

Illumination. Illumination of model homes shall not cause glare, infringe on neighboring properties or adversely affect passing traffic.

(b)

Wayside stand:

(1)

Off-street parking. Adequate provision must be made for off-street parking and safe ingress and egress.

(2)

Location. Such use shall be located on a lot having frontage on a primary or secondary or service drive.

(3)

Hours of operation. The hours of operation shall be limited to daylight hours.

(4)

Signs. One temporary sign may be permitted in accordance with this chapter.

(c)

Christmas tree sale, pumpkin patch:

(1)

Off-street parking. Adequate provision must be made for off-street parking and safe ingress and egress.

(2)

Location. Such use shall be located on a lot having frontage on a primary or secondary or service drive.

(3)

Hours of operation. The hours of operation shall be limited to daylight hours, provided however, night operations up to 9:00 p.m. may be permitted during the month of October for pumpkins and the month of December for Christmas tree sales.

(4)

One temporary sign may be permitted in accordance with this chapter.

(d)

Outdoor retail sales event, tent revival or similar meetings:

(1)

Duration. A temporary use permit for such activities shall be issued for not more than five (5) consecutive days, in any six-month period.

(2)

Location. No such activity shall be located closer than three hundred (300) feet to a residential use.

(3)

Off-street parking and access. Adequate provisions must be made for off-street parking, safe ingress and egress must be provided and approved by the zoning administrator.

(4)

Hours of operation. Such activities are permitted only between the hours of 8:00 a.m. and 9:00 p.m.

(5)

Signs. One temporary on-site sign, advertising the activity and two (2) on-site directional signs for ingress and egress may be permitted in accordance with this chapter.

(e)

Whereas the frequency and/or duration limits of a temporary use permit are not addressed otherwise herein section 23-4.10.6, the issuance of a temporary use permit is limited to six (6) per calendar year with a duration no greater than two (2) consecutive days in each instance.

(f)

Requests for issuance of additional temporary use permits beyond any frequency limitation stated herein above shall be made to the zoning administrator, who shall forward such extension requests onto the board of county supervisors for approval or denial at the next available meeting.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

(a)

Site plan review is intended to provide information to enable the county staff to determine whether a proposed use complies with the development standards of this chapter and with other applicable regulations.

(b)

Site plan approval shall be a prerequisite to any development or redevelopment.

(c)

Site plan review and approval is applicable to:

(1)

Single-family detached dwellings or accessory structures. Agreement in lieu of plan approval may be substituted for site plan approval in accordance with subsection 23-4.1.1.(i);

(2)

Site plan, major;

(3)

Site plan, minor;

(4)

Site plan, linear trail; and

(5)

Site plan, infrastructure.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-131, 3-10-09; Ord. No. 23-177, § 1, 9-11-18)

(a)

An application for site plan approval may be filed only by the owner or attorney-in-fact of the lot which is the subject of the site plan, or by any person specifically authorized in writing by the owner to file such application.

(b)

An application for site plan approval shall be filed with the planning department on a form provided by the department, together with a fee in accordance with section 23-4.1.3, copies of the site plan and any other plans, permits, documents and information as specified in the application packet. Applicants are advised to familiarize themselves with the application before preparing plans or documents.

(c)

The required site plan shall be drawn to the size and scale specified on the application and shall be prepared by an architect, engineer, landscape architect or surveyor licensed in the Commonwealth of Virginia. The application for site plan approval shall contain the information listed in this subsection, and, in addition, if the development is proposed within a Chesapeake Bay Preservation Area, the information described in the county's Chesapeake Bay Preservation Ordinance (CBPO), unless the CBPO Administrator determines that some of the information is unnecessary due to the scope and nature of the proposed development or the information has been previously submitted and approved:

(1)

A title page containing the following:

(i)

Title block denoting the type of application, name of project, tax map reference, voting district, magisterial district, and street address;

(ii)

The name, address and phone number of the applicant and property owner;

(iii)

The name, address, phone number, signature and registration number of the plan preparer, and the preparation date of the plan;

(iv)

Vicinity map, 1" = 2000', a north arrow, scale, and scale graphic;

(v)

A table (with computations) estimating the lot coverage ratio and impervious surface ratio;

(vi)

A table (with computations) stating the types of proposed uses, the number of residential dwelling units and densities, and the gross and net floor areas of non-residential structures.

(vii)

Signature and seal of professional person certifying the plan;

(viii)

Revision block for date, reasons for revision, and signature of person making revision; and

(ix)

Signature block for approving agent.

(2)

Plan sheets containing:

(i)

The distance to and identification of the nearest intersection;

(ii)

The boundary of the entire parcel with courses and distances;

(iii)

Any existing or proposed parcel lines, easements, or rights-of-way within the subject parcel;

(iv)

The present zoning and principal use of the subject parcel and all contiguous properties;

(v)

The boundaries of any overlay zoning districts described in article 6 of this chapter;

(vi)

The locations, dimensions, height, and setbacks of all existing and proposed buildings, structures and other improvements;

(vii)

The boundaries of any lakes, rivers, streams, ponds, or wetlands;

(viii)

A landscape plan showing the location, dimensions and material descriptions of all existing and proposed screens, bufferyards, or landscaping;

(ix)

The location and dimensions of existing and proposed parking and loading areas and any other impervious surfaces, such as driveways, streets (and names), sidewalks, and playing surfaces;

(x)

The location and description of all points of access;

(xi)

The estimated daily vehicular trips generated by the proposed development on each road segment shown on the plan;

(xii)

The location and dimensions of on-site pedestrian walkways or bicycle paths and any connection to adjacent property;

(xiii)

Typical roadway pavement and design section for all proposed streets, roads, and driveways;

(xiv)

Points of connection to public water and sewer and/or location of wells and septic systems and reserve drainfields;

(xv)

Topographic contour lines at two-foot intervals based on field or aerial survey, for the existing site and after the completion of the proposed development;

(xvi)

The location and dimensions of on-site and off-site facilities for the retention or detention of stormwater;

(xvii)

The size, location and boundaries of any common open spaces, recreation areas and recreation facilities, including a statement of whether such open areas are to be dedicated to the public;

(xviii)

For large-scale, phased developments, identification of the location and timing of each phase of the development;

(xix)

Any known historic building or features;

(xx)

Any known places of burial, cemetery easements, or objects or structures marking places of burial;

(xxi)

The 100-year floodplain limits and dam break inundation zone limits;

(xxii)

A table estimating the daily public water usage and sewage flow attributable to the proposed development in gallons per day, including the timing of any necessary connections;

(xxiii)

Location of water mains, sewer lines, fire hydrants, gas lines, electrical lines, easements, outdoor lighting, and outdoor trash receptacles;

(xxiv)

An erosion and sediment control plan including the information required under chapter 8 of the County Code;

(xxv)

Any wetland permits required under applicable state or federal law;

(xxvi)

Preliminary engineering for all required improvements, drawn to the specifications provided by the county;

(xxvii)

GPS coordinates for all new storm sewer outfalls, including outfalls from permanent stormwater management facilities. Every site plan shall reference at least two (2) concrete monuments at the subdivision corners to the VCS 1983. All information required under chapter 20, article 8 of the County Code applies;

(xxviii)

A legend for all symbols shown on the plan;

(xxix)

Signature and seal of professional person certifying the plan;

(xxx)

Revision block for date, reasons for revision and signature of person making revision; and

(xxxi)

Signature block for approving agent placed at the same location on each sheet.

(d)

For purposes of clarity, any of the items listed in subsection (c) above- may be shown on additional sheets drawn to the same size and scale as all other site plan sheets, or may be included in a separate plan such as an erosion and sediment control plan or stormwater management plan.

(e)

An executed infrastructure agreement and any improvement guarantees as required under article 6 of the subdivision ordinance shall be submitted, approved, and posted prior to approval.

(f)

A sealed engineer's estimate for all infrastructure (including necessary off-site improvements) required to service the lot.

(g)

An executed best management practices agreement for any storm water management facilities proposed on the plan shall be submitted, approved, and recorded prior to approval.

(h)

A complete plat application for any required public or private easements and right-of-way dedication shall be submitted prior to approval.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-112, 2-8-05; Ord. No. 23-136, 1-12-10; Ord. No. 23-177, § 1, 9-11-18)

Within ten (10) working days after receiving an application for site plan approval, the county staff shall determine whether the application is complete based upon the requirements of section 23-4.11.2. If the county staff determines that the application is not complete, they shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-177, § 1, 9-11-18)

(a)

After the application and site plan are determined to be complete, county staff shall review the application and site plan to determine whether the proposed use is in compliance with the standards set forth in section 23-4.11.8 of this chapter.

(b)

The county staff shall forward the application to any state, county or other government departments or agencies as appropriate, including the Chesapeake Bay Local Assistance Department (CBLAD), and request review and written comments. Comments from agencies other than CBLAD shall be received within forty-five (45) days of the request. Any comments by CBLAD on a water quality impact assessment shall be received within ninety (90) days of the request under state law.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-177, § 1, 9-11-18)

(a)

No later than sixty (60) days after the application for site plan approval is determined to be complete in accordance with the provisions of section 23-4.11.5, or no later than thirty-five (35) days after receipt of the approvals from all state agencies, whichever is later, after review in accordance with section 23-4.11.6, county staff shall either:

(1)

Approve the site plan, by marking approval on the site plan if staff finds that the site plan meets the standards set forth in section 23-4.11.6; or

(2)

Disapprove the site plan if staff finds that the site plan does not meet the standards set forth in section 23-4.11.6.

(b)

County staff shall give the applicant written notice of the action taken on a proposed site plan, and shall describe any modifications and corrections that are necessary conditions prior to receiving approval.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-177, § 1, 9-11-18)

The county staff shall base its decision to approve or disapprove an application for site plan approval on consideration of:

(1)

Whether the proposed use complies with the requirements and standards set out in articles 5, 6, and 7 of this chapter and with chapter 20, if applicable;

(2)

Whether the proposed use complies with the design standards manual.

(3)

Whether the proposed use complies with any applicable state and federal regulations, including, but not limited to regulations pertaining to Chesapeake Bay Preservation Areas and wetlands.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-177, § 1, 9-11-18)

(a)

Upon receipt of written notice from county staff that a site plan has not been approved in accordance with section 23-4.11.5, the applicant shall submit a revised site plan within sixty (60) days of the date of notice showing any corrections or modifications which are required as conditions for approval, construction drawings for required improvements and required performance guarantees, such as improvement, bond or maintenance agreements, prepared in accordance with the standards of the county's subdivision ordinance. The revised site plan shall be reviewed and acted upon in accordance with subsections 23-4.11.4 through 23-4.11.6. The applicant may request a resubmission extension in writing for a period not to exceed sixty (60) days. A second extension may be requested in writing for a period not to exceed thirty (30) days.

(b)

If staff approves the site plan consistent with section 23-4.11.5, the applicant must acquire the site plan permit and pay all associated permit fees within six (6) months of approval or the site plan will be void and a new application and fees will be required.

(c)

If the approved site plan indicates that any easements, land, or right-of-way is to be dedicated to the public, the applicant shall submit appropriate legal documents to the county attorney for approval and for acceptance by the board of supervisors. After the dedication has been approved by the county attorney and accepted by the board of supervisors, the applicant shall record a plat and an original warranty deed containing a metes and bounds description of all lands dedicated as part of the approved site plan. Such plat and deed shall be recorded no later than the time limit established for recording of deeds for required dedications under the county's subdivision ordinance and shall occur prior to issuance of a final zoning certification.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-81, 6-22-99; Ord. No. 23-177, § 1, 9-11-18)

(a)

Approval of a site plan shall authorize the applicant to proceed with any application for land-disturbing permits, building permits, and other permits and approvals required in order to develop the property in conformity with the approved site plan.

(b)

An approved final site plan shall be valid for a period of not less than five (5) years from the date of approval thereof or for such longer period as the county staff may, at the time of approval, determine to be reasonable, taking into consideration the size and phasing of the proposed development. A site plan shall be deemed final once it has been reviewed and approved by the county staff, the review fees have been paid by the applicant, and the only requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows.

(c)

Upon application of the developer filed prior to expiration of a final site plan, the county staff may grant one or more extensions of such approval for additional periods as the county staff may, at the time the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the proposed development, the laws, ordinances and regulations in effect at the time of the request for an extension. If the county staff denies an extension requested as provided herein and the developer contends that such denial was not properly based on the ordinance applicable thereto, the foregoing considerations for granting an extension, or was arbitrary or capricious, he may appeal to the circuit court having jurisdiction of land subject to the final site plan, provided that such appeal is filed with the circuit court within sixty (60) days of the written denial by the county staff.

(d)

For so long as the final site plan remains valid in accordance with the provisions of this section, no amendment to this chapter adopted subsequent to the date of approval of the final site plan shall adversely affect the right of the developer or his successor in interest to commence and complete an approved development in accordance with the lawful terms of the site plan unless the amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

(e)

Application for minor changes to final site plans made during the periods of validity of such plans established in accordance with this section shall not constitute a waiver of the provisions hereof nor shall the approval of such minor changes extend the period of validity of such plans.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-81, 6-22-99; Ord. No. 23-177, § 1, 9-11-18)

If the county staff fails to make a decision within the time limits prescribed in sections 23-4.11.5 of this division, or disapproves an application for site plan approval, the applicant may appeal to the circuit court of the county in accordance with the provisions of Virginia Code, section 15.1-475.

(Ord. No. 23-66, 10-24-95)

(a)

An occupancy permit certifies that a building or structure is safe for occupancy and the building or structure has been completed in accordance with the terms and conditions of an approved site plan and building permit. No occupancy permit shall be issued until zoning certification is obtained.

(b)

No building or structure shall be occupied for any use unless an occupancy permit has been issued for the premises. An occupancy permit shall also be issued for the purpose of maintaining, renewing, changing, or extending a nonconforming use.

(Ord. No. 23-66, 10-24-95)

(a)

An application for an occupancy permit may be filed only by the owner of the lot on which the use is to be located, or by an agent, lessee, or contract purchaser specifically authorized in writing by the owner to file such application.

(b)

An application for an occupancy permit shall be filed with the department of code compliance on a form prescribed by the department. The application shall be accompanied by such information as required on the application form.

(Ord. No. 23-66, 10-24-95)

(a)

Upon submission of an application it will be reviewed for completeness.

(b)

Prior to issuance of the zoning permit and occupancy permit the code compliance department shall conduct an on-site inspection of the premises to determine if the uses and structure and occupation of the site comply with all the requirements of this chapter and any specifications, plans and conditions of site plan approval.

(Ord. No. 23-66, 10-24-95)

Based on the on-site inspection and the building standards contained in Chapter 5 of the County Code, the code compliance official shall either:

(a)

Issue an occupancy permit if the premise conform to all applicable provisions of the zoning ordinance and the Spotsylvania County Building Code; or

(b)

Deny an occupancy permit if all uses and structures are not in compliance with all applicable provisions of the zoning ordinance and the Spotsylvania County Building Code.

(Ord. No. 23-66, 10-24-95)

(a)

Upon the request of the holder of a building permit the code compliance department may issue a temporary occupancy permit for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided such failure to complete shall have been caused by weather or casualty beyond the holder's control, and such portion or portions may be occupied safely prior to full completion of the building or structure without endangering life or public welfare.

(b)

The code compliance department shall not issue a temporary occupancy permit until the applicant has guaranteed the completion of public improvements, including, but not limited to, public roads, public water and public sewer facilities, or the completion of required landscape areas and plantings shown on the approved site plan or other approved plan by providing either a letter of credit, certified check, cash escrow or cash payment approved by the county attorney.

(c)

The maximum duration of a temporary occupancy permit shall be one hundred twenty (120) days.

(Ord. No. 23-66, 10-24-95)