Whenever the public necessity, convenience, general welfare or good zoning practice requires, the board of supervisors may change boundaries prescribed on the official zoning map by majority vote, provided such action is in conformity with the provisions of this article.

(Ord. No. 094-29, § 28-1201, 8-9-94)

(a)

The location and boundaries of the districts established by article III of this chapter are set forth and indicated on the official zoning maps which are located in the Stafford County Office of Zoning and Inspections. No changes of any kind may be made in these maps except in conformity with the procedures set forth in this article.

(b)

Amendments to the zoning map shall be initiated by the filing with the director of planning or his designee of a petition by the owners or contract owners of land proposed to be rezoned. An amendment to the zoning map is hereafter referred to generally as a "rezoning."

(Ord. No. 094-29, § 28-1202, 8-9-94)

(a)

Requests for rezoning shall be filed with the director of planning or his designee. Such request shall be filed on standard forms supplied for that purpose and shall include:

(1)

A general development plan, in accordance with article XIII of this chapter.

(2)

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

(3)

Per § 15.2-2289, Code of Virginia (1950), as amended, and section 28-297 of this Code, 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.

(b)

When the owner or owners of property request a rezoning, a fee established by the board of supervisors by ordinance shall be charged and collected at the time a request is filed.

(c)

Requests for rezoning meeting the following criteria shall be accompanied with an analysis of impact:

(1)

Any reclassification to any land use district where maximized development under the regulations of that district would generate five hundred (500) or more average daily trips for the development. Traffic impact analysis as outlined in 24 VAC 30-155 shall be submitted when any land use reclassification where the maximum development permitted under the district regulations would generate one thousand (1,000) or more vehicle trips per day or would meet the VDOT requirements for TIAs under 24 VAC 30-155. Proffers 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)

Any rezoning with a potential gross density of seven (7) dwelling units per acre;

(3)

Any residential reclassification with the potential for fifty (50) dwelling units or more on the site;

(4)

Any rezoning of more than fifty (50) acres;

(5)

Any rezoning to a commercial classification of land adjoining land included in a residential classification.

(d)

The required analysis shall describe the differences which would result from development under the current zoning classification and from development under the proposed classification. The required analysis shall consider and shall be based on:

(1)

The current capacity of and the anticipated demands on highways, utilities, storm drainage, schools, and recreational facilities;

(2)

The potential tax revenues and anticipated public expenditures;

(3)

The location of and impact on environmental features such as; endangered species, wetlands, steep slopes and highly permeable soils;

(4)

The impact on adjacent property and property values;

(5)

Location of and proximity to designated and identified historic sites.

These studies shall describe the differences which would result from maximum, ultimate development of the land under the proposed zoning classification as compared to maximum development under the existing zoning classification. Such studies shall be prepared in accordance with guidelines set forth by the office of planning and shall be a part of the official application.

(e)

Unless this requirement is waived pursuant to County Code subsection 28-163(b) or in accordance with section 28-223, each application for a rezoning shall also be accompanied by a generalized development plan, prepared and submitted in accordance with the requirements of article XIII of this chapter.

(Ord. No. 094-29, § 28-1203, 8-9-94; Ord. No. 096-47, 10-15-96; Ord. No. O05-54, 12-13-05; Ord. No. O10-21, 3-16-10; Ord. No. O10-31, 8-17-10)

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

(a)

The planning commission shall take action on the proposed additions or modifications within one hundred (100) days and report its recommendations to the governing body. If, in the opinion of the planning commission, the public necessity, convenience, general welfare, and good zoning practice require, the commission may recommend a decrease in the land area to be rezoned, or that a less intensive classification be granted than is set forth in the request.

(b)

Failure of the planning commission to report its recommendation within one hundred (100) days after the first meeting of the commission after the proposed amendment was first referred to the commission shall be deemed a recommendation for approval of the proposed amendment.

(c)

Upon receipt of the recommendation of the planning commission, the board of supervisors shall hold a public hearing, in conformance with the requirements of this article. All such recommendations of the planning commission, when delivered to the board of supervisors, shall be available for public inspection.

(d)

Following the hearing before the board of supervisors, the board shall either approve or deny the request, or any part thereof. Such approval or denial shall occur within twelve (12) months after the application for such has been filed, unless an extension is granted by the board. Nothing herein shall preclude the board of supervisors from decreasing the land are to be rezoned, or from zoning the property to a lesser intensive category than that which was requested.

(e)

Consideration of any proposed additions or modifications to the request beyond twelve (12) months from date of the application for such was filed 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.

(f)

Any request pending more than eighteen (18) months from the date the application for such was filed 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.

(Ord. No. 094-29, § 28-1204, 8-9-94; Ord. No. O16-06, 6-21-16; Ord. No. O20-13, 6-2-20)

(a)

No map amendment shall be adopted except after notice and a hearing before the planning commission and a notice and hearing before the board of supervisors as required by state law. The planning commission shall not recommend and the board of supervisors shall not adopt a map amendment until notice of intent to do so has been published at least once a week for two (2) consecutive weeks in a newspaper of general circulation in the county. If the map amendment results in a decrease of the allowable dwelling unit density of any parcel of land, written notice shall be given at least fourteen (14) days before the hearing to the owner or owners, their agent or the occupant, of each parcel involved.

(b)

At least fifteen (15) days prior to a map amendment public hearing before the planning commission, the board of supervisors, or a joint session of both, the planning commission or its representative shall erect on the property proposed for a rezoning, a sign or signs furnished by the planning director or his designee indicating the change proposed, and the date, time, and place of the hearing. If the county offices are closed fifteen (15) days the public hearing to consider a map amendment 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 rezoning, 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. The sign posting requirement shall not apply to any change in zoning district designation involving an overlay zoning district.

(c)

If the parcel of land that is subject of a map amendment is located within three thousand (3,000) feet of a boundary of a military base, military installation, or military airport, excluding armories operated by the Virginia National Guard, then, in addition to the advertising and written notification as required herein, written notice shall also be given by the planning commission or its representative at least ten (10) days before the hearing to the commander of the military base, military installation, or military airport and shall advise the commander of the opportunity to submit comments or recommendations.

(d)

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.

i.

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.

(e)

The notice requirements provided in subsections (b), (d), and (d)(i) 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.

(Ord. No. 094-29, § 28-1205, 8-9-94; Ord. No. 095-37, 5-16-95; Ord. No. O04-64, 12-7-04; 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. O22-24, 12-13-22)

At each hearing, the following criteria will be considered:

(1)

Compliance of the request with the stated requirements of the district or districts involved;

(2)

The existing use and character of the property and the surrounding property;

(3)

The suitability of the property for various uses;

(4)

The trends of growth and development in the surrounding area;

(5)

The current and future requirements of the county for land;

(6)

The transportation requirements of the project and the county, and the impact of the proposed land use on the county transportation network;

(7)

The requirements for schools, parks, recreational lands and facilities, and other public facilities and services, potentially generated by the proposed classification;

(8)

The conservation of property values in the surrounding area;

(9)

The preservation of natural resources and the impact of the proposed uses on the natural environment;

(10)

The most appropriate use of the land;

(11)

The timing of the development of utilities and public facilities and the overall public costs of the development; and

(12)

The consistency, or lack thereof, of the proposed rezoning with the Stafford County Comprehensive Plan as in effect at that time.

(Ord. No. 094-29, § 28-1206, 8-9-94)

Following the denial of a rezoning, no application for reclassification of the same land to the same land use district shall be allowed for a period of twelve (12) months.

(Ord. No. 094-29, § 28-1207, 8-9-94)

Any application for rezoning may be withdrawn upon the written request of the applicant, any time prior to the submission of the public hearing notice for advertisement. If such request for withdrawal is made after publication of the notice of the public hearing, such withdrawal shall only be with the consent of either the planning commission or the board of supervisors, whichever body has advertised the public hearing. Following the withdrawal of a request for reclassification, no new application for reclassification of the same land to the same district shall be allowed for a period of six (6) months, unless the body approving withdrawal specifies that this time limitation shall not apply.

(Ord. No. 094-29, § 28-1208, 8-9-94)