The purpose of this article is to set forth the provisions and procedures for obtaining needed permits and certificates.

(Ord. No. 094-29, § 28-1101, 8-9-94)

(a)

When required. No building or structure shall be erected, constructed, altered, moved, converted, extended or enlarged without a zoning permit issued by the zoning administrator or his designee. No zoning permit shall be issued by the zoning administrator or his designee except in conformity with the provisions of this chapter.

(b)

Applications. Applications for zoning permits shall be made to the zoning administrator or his designee on forms provided. Each application shall be accompanied by a plan drawn to scale showing the size and shape of the parcel of land, the location of the structure or the use with respect to the property lines and to the right-of-way of any street or highway, written verification from the county treasurer that all delinquent real estate taxes on the subject property have been paid in full and any other information which the zoning administrator or his designee deems necessary for consideration in review of the application.

(c)

Procedure. Upon receipt of an application, the zoning administrator or his designee shall review the application for completeness. If the application is not complete, the zoning administrator or his designee shall, within five (5) working days, return the application to the applicant noting the deficiencies. If the application is complete, the zoning administrator or his designee shall review the application and shall, within five (5) working days, either approve or deny the application. If the application is denied, the zoning administrator or his designee shall state in writing the reasons for the denial.

(d)

Appeal. If the application is denied, the applicant may appeal the decision of the zoning administrator or his designee to the board of zoning appeals, as provided in article XIX.

(Ord. No. 094-29, § 28-1102, 8-9-94; Ord. No. 096-47, 10-15-96)

(a)

When required. No building or structure shall be erected, constructed, altered, moved, converted, extended or enlarged without a building permit, and no building permit shall be issued unless it is deemed to be in conformance with the provisions of this chapter by the zoning administrator or his designee. No zoning permit shall be issued, nor building permit approved by the zoning administrator or his designee except in conformity with the provisions of this chapter.

(b)

Applications. Applications for zoning permits shall be submitted on forms provided by the zoning administrator or his designee to be reviewed for compliance with this chapter.

(Ord. No. 094-29, § 28-1103, 8-9-94; Ord. No. O13-11, 6-4-13)

No land shall be used or occupied nor shall any building erected or structurally altered be used or changed in use without a certificate of occupancy issued by the building official. Prior to issuance, every certificate of occupancy shall be reviewed by the zoning administrator or his designee for compliance with this chapter. Such certificate shall state that the building or proposed use complies with the building laws and the provisions of this chapter.

(Ord. No. 094-29, § 28-1104, 8-9-94; Ord. No. O13-12, 6-4-13)

(a)

Purpose and intent. Issuance of a conditional use permit shall be required for those uses designated as conditional uses in article III. Conditional uses are those uses which are generally compatible with the other land uses permitted in a land use district, but which require individual review of their location, design, and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location. These uses have some unique character or probable special impacts such that their effect on the surrounding area cannot be determined in advance of the use being proposed at a particular location.

(b)

General provisions. The following provisions shall apply for all conditional use permits:

(1)

Consideration of any pending conditional use permit application exceeding twelve (12) months from the date of submittal of a complete application may only be extended by written request of the applicant, subject to approval by the body currently considering the application, either the board of supervisors or planning commission.

(2)

Any conditional use permit application still pending more than eighteen (18) months from the date of submittal of a complete application shall be administratively closed by staff. The applicant may request a time extension in writing prior to such deadline, which request must contain a definitive time for moving forward with or withdrawing the application. Such extension request may only be granted by the board of supervisors.

(3)

Conditional use permits may be authorized upon a finding by the board of supervisors that the use will not be detrimental to the character and development of the adjacent land and will be in harmony with the purpose and intent of this chapter.

(4)

Any use, building, or activity lawfully existing on the effective date of this chapter, or for which a building permit was issued prior to the effective date of this chapter, shall not require a conditional use permit, so long as such existing use, building, or activity is not expanded or enlarged.

(5)

Should a request for a conditional use permit be denied, at least one year shall elapse before another application for the same is considered.

(6)

Any application for a conditional use permit may be withdrawn upon written request by the applicant at any time prior to the submission of any public hearing notice for advertisement. If such request for withdrawal is made after publication of notice for public hearing, such withdrawal shall only be with the consent of the body which had advertised for the public hearing. No new application concerning any or all of the land included in the original application shall be filed within six (6) months of the date of the action, unless the respective body approving withdrawal specifies that the time limitation shall not apply.

(7)

Minor amendments to approved conditional use permit conditions. Any conditional use permit approved pursuant to this article may be revised by the board of supervisors, after notice and hearing pursuant to Code of Virginia, § 15.2-2204. Any minor amendment shall be allowed subject to the following requirements:

a.

No more than two (2) permit conditions can be changed at the time of request;

b.

Changes do not materially affect site layout;

c.

Changes do not affect intensity, use or functionality of the site; and

d.

Applications pursuant to this paragraph may be exempt from subsection (c)(1)b.

(8)

Major amendments to approved conditional use permit conditions. Any amendment to a conditional use permit other than that defined in subsection (7).

(c)

Conditional use permits. No conditional use permit shall be issued except in conformance with the following provisions:

(1)

An application for a conditional use permit shall be submitted to the county and shall contain the following information:

a.

A completed application for a conditional use permit on an approved form provided by the county.

b.

A generalized development plan in accordance with article XIII.

c.

A nonrefundable application fee, as established by the board of supervisors.

d.

Impact statements on the effects to traffic volumes and capacities, public water and sewer capacities, noise, dust and smoke emissions.

e.

Written verification from the county treasurer that all delinquent real estate taxes on the subject property have been paid in full.

f.

Traffic impact analysis as outlined in 24 VAC 30-155 shall be submitted when any conditional use permit would generate one hundred fifty (150) or more vehicle trips per day above the existing use and the site would meet the VDOT requirements for TIAs under 24 VAC 30-155 or Stafford County rezoning TIA requirements. Proffers or conditions which limit the vehicle trips per day may be taken into consideration when calculating the maximum development. An addendum or supplementary TIA shall be submitted when required by VDOT regulations.

(2)

An application for a conditional use permit shall be reviewed by the staff.

(3)

After receiving the report and recommendation of the staff, the planning commission shall, pursuant to notice and public hearing requirements of Code of Virginia, § 15.2-2204, hold a public hearing and make a recommendation on the application to the board of supervisors to grant, grant with conditions, or deny the conditional use permit.

(4)

Upon receiving the report and recommendation of the planning commission, the board of supervisors shall hold a public hearing pursuant to notice and public hearing requirements of Code of Virginia, § 15.2-2204. Subsequent to the public hearing, the board of supervisors shall render a decision on the application to grant, grant with conditions, or deny the conditional use permit.

(5)

Per Code of Virginia § 15.2-2289 and section 28-297 of this Code, the application shall include completed affidavit forms as provided by the planning department disclosing the equitable ownership of the real estate to be affected by the application, in the case of corporate ownership, the name of stockholders, officers and directors and in any case the name and addresses of all the real parties of interest.

(6)

At least fifteen (15) days prior to a conditional use permit public hearing before the planning commission, board of supervisors, or a joint session of both, the planning commission or its representative shall erect on the property proposed for a conditional use permit a sign or signs furnished by the planning director or his designee indicating the proposed use, and the date, time, and place of the hearing. If the county offices are closed fifteen (15) days prior to the public hearing to consider the conditional use permit when said sign should be erected and the sign cannot be erected on or prior to that date, the sign shall be erected on the next business day the county offices are open. The sign shall be erected within ten (10) feet of whatever boundary line of such property abuts a public road, and shall be placed so as to be clearly visible from the road. If more than one public road abuts such property, then a sign shall be erected in the same manner for each such road. If no public road abuts the property proposed for the conditional use permit, then signs shall be erected in the same manner as provided for, above on at least two (2) boundaries of the property abutting land owned by the applicant.

(7)

Written notice shall be given by the planning commission or its representative to all adjoining property owners whose property is located within five hundred (500) feet of any property line of the property subject to the application no less than five (5) days before the public hearing before the planning commission and board of supervisors. Notice sent to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed adequate compliance with this requirement. In the event the adjoining property is within another jurisdiction of the commonwealth, the notice shall be sent to the administrator or executive of that jurisdiction. If the public hearing before the planning commission and/or board of supervisors is cancelled, notice shall be remailed no less than five (5) days before the rescheduled public hearing.

a.

The written notice by the planning commission or its representative shall be by certified mail. However, in cases where the number of adjoining property owners—within five hundred (500) feet of any property line of the property subject to the application—to be notified is greater than twenty-five (25), written notices may be sent by first class mail.

(8)

The notice requirements provided in subsections (c)(6), (c)(7), and (c)(7)(a) directly above that are in addition to the Virginia Code notice requirements are supplemental notice requirements. For any supplemental notice requirement, neither the planning commission's recommendation nor the board of supervisors' approval of a conditional use permit shall be invalid solely due to the failure to comply with any such supplemental notice requirement.

(d)

Standards for issuance. A conditional use permit may be granted for any use shown as a conditional use in a land use district only if the board of supervisors finds that the issuance of the permit will meet all other requirements of this chapter and is in accord with the following standards:

(1)

The use shall not tend to change the character and established pattern of development in the vicinity of the proposed use;

(2)

The use shall be in harmony with the uses permitted by right under a zoning permit in the land use district and shall not adversely affect the use of adjacent properties;

(3)

The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof;

(4)

The use shall not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use;

(5)

The use shall not be detrimental to the public welfare or injurious to property or improvements in the neighborhood; and

(6)

The use shall be in accord with the purposes and intent of this chapter and the comprehensive plan of the county.

(e)

Conditions. In granting any conditional use permit, the board of supervisors shall designate such conditions in connection therewith as will, in its opinion, assure that the use will conform to the requirements set out in this subsection and that will continue to do so. Such conditions may include, but are not limited to, the following:

(1)

Conditions may be imposed to abate or restrict noise, smoke, dust or other elements that may affect surrounding properties;

(2)

Establish setback, side or rear yard requirements necessary for orderly expansion and to prevent traffic congestion;

(3)

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

(4)

Provide adjoining property with a buffer or shield from view of the proposed use, if deemed necessary.

(f)

Revocation. Any permit issued pursuant to this article may be revoked by the board of supervisors, after notice and hearing pursuant to Code of Virginia § 15.2-2204, for noncompliance with this ordinance or any conditions imposed under the authority of this article.

(Ord. No. 094-29, § 28-1105, 8-9-94; Ord. No. 095-12, 3-7-95; Ord. No. 096-47, 10-15-96; Ord. No. O05-54, 12-13-05; Ord. No. O06-42, 6-20-06; Ord. No. O06-66, 9-19-06; Ord. No. O08-51, 6-17-08; Ord. No. O08-71, 12-2-08; Ord. No. O10-22, 3-16-10; Ord. No. O10-31, 8-17-10; Ord. No. O19-18, 1-22-19; Ord. No. O20-13, 6-2-20; Ord. No. O22-24, 12-13-22)

State Law reference— Similar provisions, Code of Virginia, § 15.2-2222.1(B).