ORANGE COUNTY, VIRGINIA

Code of Ordinances

Article II - Administration

DIVISION 1. - GENERALLY

 

Sec. 70-36. - Enforcement.

This chapter shall be enforced by the zoning administrator, who shall be appointed by the board of supervisors. The zoning administrator shall serve at the pleasure of that body.

(Ord. of 5-2-1996, § 1801)


Sec. 70-37. - Violations.

All departments, officials or public employees of the county vested with the duty or authority to issue permits or licenses shall perform their duties in accordance with the provisions of this chapter. They shall issue permits for uses or buildings only when such permits conform to the provisions of this chapter. Any permits issued in conflict with the provisions of this chapter shall be null and void.

(Ord. of 5-2-1996, § 1802)


Sec. 70-38. - Penalties.

Any person, whether as principal, agent, employee or otherwise, violating, causing or permitting the violation of the provisions of this chapter shall be guilty of a misdemeanor punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not less than $100 nor more than $1,500.

(Ord. of 5-14-2013, - Ord. # 130514-PH2)

 

Sec. 70-39. - Interpretation.

Unless zoning district boundary lines are fixed by dimensions or otherwise clearly shown or described, and where uncertainty exists with respect to the boundaries of any zoning district as shown on the zoning map, the following rules shall apply.

(1) Where zoning district boundaries are indicated as following property lines, such property lines shall be construed to be the zoning district boundaries.

(2) Where zoning district boundaries are indicated as following or being parallel to or at right angles with the centerlines of streets, highways, alleys or railroad main tracks, such centerlines or lines parallel to or at right angles with such centerlines shall be construed to be such boundaries, as the case may be.

(3) Where a zoning district boundary is indicated to follow a river, creek, branch or other body of water, the boundary shall be construed to follow the centerline at low water of such body of water. In the event of change of the centerline, such boundary shall be construed as moving with the actual centerline.

(4) If no distance, angle, curvature description or other means is given to determine a boundary line accurately and the foregoing provisions do not apply, the boundary shall be determined by the use of the scale shown on the zoning map. In case of subsequent dispute, the matter shall be referred to the board of zoning appeals, which shall determine the boundary.

(Ord. of 5-2-1996, § 1804)

 

Sec. 70-40. - Conflicting ordinances, statutes and regulations.

Whenever any section or provision of this chapter imposes higher standards than are required in any other county ordinance or regulation, the provision of this chapter shall govern. Whenever any section or provision of any federal or state statute or other county ordinance or regulation imposes higher standards than are required by this chapter, the provision of such statute, ordinance or regulation shall govern.

(Ord. of 5-2-1996, § 1805)

 

Section 70-41. Payment of all delinquent taxes and fees prior to filing application

 Prior to, or in conjunction with, the initiation of an application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the applicant shall be required to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the County and have been properly assessed against the subject property, have been paid, in accordance with §15.2-2286(B) VA Code Ann.

(Ordinance 10-09-2012)

 

Secs. 70-42--70-60. - Reserved.


DIVISION 2. - BOARD OF ZONING APPEALS


Sec. 70-61. - Appointment and organization.

A board of zoning appeals (BZA) consisting of five members must be appointed by the circuit court in accordance with the provisions of Code of Virginia, § 15.2-2308. It shall have the powers set forth in Code of Virginia, § 15.2-2309. Any member may be removed for malfeasance, misfeasance or nonfeasance in office, or for other just cause, by the circuit court after a hearing held after at least 15 days' notice.

(Ord. of 5-2-1996, § 1601.01; Ord. of 3-9-2010)

 

Sec. 70-62. - Rules and regulations.

(a) Meetings. The BZA shall adopt such rules and regulations as it deems necessary to carry out the duties imposed by this ordinance [Ordinance of 3-9-2010]. The meetings of the BZA will be held at the call of the chair or at such times as a quorum of its members may determine. All meetings of the BZA must be open to the public. For the conduct of any hearing, a quorum shall be not less than a majority of all the members of the BZA.

(b) Minutes. The BZA must appoint a secretary to the BZA, withoutvote, to prepare minutes of meetings, keep all records, and conduct official correspondence of the BZA. The BZA may elect as secretary either a member of the BZA or a qualified individual who is not a member of the BZA. If the secretary is not a member of the BZA, then the secretary is not entitled to vote on any matters before the BZA. In the absence of the secretary at any meeting, the BZA must appoint some other person, who may or may not be a member of the BZA, to prepare the minutes. The minutes must show the vote of each member upon each question, or indicate if any member is absent or fails to vote. All records of official actions become part of the permanent records of the BZA.

(c) Voting. The concurring vote of three members is necessary to reverse or modify any order, requirement, decision or determination of the zoning administrator or to grant a variance. No action of the BZA is valid unless authorized by a majority vote of those present and voting. Excluded from the requirements of this section are matters governed by § 15.2-2312, VA. Code Ann.

(d) Conflict. Any member of the BZA is disqualified to act upon a matter with respect to property in which the member has an interest as set forth in the Virginia Conflict of Interests Act, § 2.2-3100 et seq., VA Code Ann.

(Ord. of 5-2-1996, § 1601.02; Ord. of 3-9-2010; Ord. of 6-28-2011(8))

 

Sec. 70-63. - Officers.

The board of zoning appeals shall choose annually its own chair and a vice-chair who shall act in the absence of the chair. The chair or, in his absence, the acting chair, may administer oaths and compel the attendance of witnesses.

(Ord. of 5-2-1996, § 1601.03)

 

Sec. 70-64. - Powers, duties.

The board of zoning appeals shall have the power and duty to hear and decide on applications for variances, special exceptions and appeals, in accordance with Code of Virginia, § 15.2-2309. The board of zoning appeals shall decide the issue within 60 days of such hearing. Before deciding on any application for appeal, variance or special exception, the board of zoning appeals shall advertise and hold a public hearing pursuant to Code of Virginia, §§ 15.2-2204 and 15.2-2309.

(Ord. of 5-2-1996, § 1601.04)

 

Sec. 70-65. - Other employees; compensation.

Within the limits of funds appropriated by the board of supervisors, the board of zoning appeals may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical or clerical services. Members may receive such compensation as the board of supervisors authorizes.

(Ord. of 5-2-1996, § 1601.05)


Sec. 70-66. - Variances.

(a) Authorization. The BZA may authorize variances from the terms of this ordinance [Ord. of 3-9-10], when, owing to special conditions a literal enforcement of the provisions would result in unnecessary hardship, provided that the spirit of this ordinance [Ord. of 3-9-10] must be observed and substantial justice done, pursuant to the Code of Virginia, §§ 15.2-2204 and 15.2-2309.

(b) Purpose. The purpose of a variance is to protect a property owner when he can show that his property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape at the time of the effective date of the ordinance, or where by reason of exceptional topographical conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation or development of property immediately adjacent thereto, the strict application of the terms of this ordinance [Ord. of 3-9-10] would effectively prohibit or unreasonably restrict the utilization of the property or where the board is satisfied, upon hearing the evidence, that the granting of the variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the property owner, provided that all variances shall be in harmony with the intended spirit and purpose of the ordinance.

(c) Criteria. No variance may be granted by the BZA unless it finds that:

(1) The strict application of this ordinance [Ord. of 3-9-10] would produce undue hardship relating to the property;

(2) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(3) The authorization of such variance will not be of substantial detriment to an adjacent property and that the character of the district will not be changed by the granting of the variance; and

(4) The condition or situation of the property concerned is not of so general and recurring a nature as to make reasonably practical the formulation of a general regulation to be adopted as an amendment to this ordinance [Ord. of 3-9-10], and

(d) Conditions. In authorizing a variance, the BZA may impose such conditions regarding the location, character and other features of the proposed structure or use as it deems necessary in the public interest, and may require a guarantee or bond to ensure that the conditions imposed will be complied with.

(e) Procedures for variances.

(1) In accordance with the provisions of this ordinance [Ord. of 3-9-10] and Code of Virginia, §15.2-2309, any person seeking a variance from the application of regulations of this ordinance [Ord. of 3-9-10], must first submit an application to the zoning administrator on a form provided by the zoning administrator.

(2) Variances must be accompanied by a cash payment to the county in accordance with the established fee schedule.

(3) The zoning administrator shall transmit the application promptly to the secretary of the BZA, who shall place the matter on the docket to be acted upon by the BZA. The zoning administrator must also transmit a copy of the application to the planning commission which may send a recommendation to the BZA or appear as a party at the hearing.

(4) No variance may be authorized except after notice and hearing before the BZA pursuant to Code of Virginia, §15.2-2204.

(5) The applicant for a variance bears the burden of producing evidence to support the required findings and to establish that the requested variance satisfies all standards for a variance.

(Ord. of 5-2-1996, § 1602; Ord. of 3-9-2010)



Sec. 70-67. - Special exceptions.

(a) The board of zoning appeals shall have the authority to hear and decide on applications for such special exceptions as authorized in this chapter. In certain cases, the board of supervisors has reserved this authority to itself. See sections 70-485, 70-515 and 70-545

(b) In granting a special exception, the board of zoning appeals may impose such conditions as it deems necessary in the public interest and may require a guarantee or bond to ensure that the conditions imposed will be complied with. See section 70-166

(Ord. of 5-2-1996, § 1603)

 

Sec. 70-68. - Appeals from decisions of the zoning administrator.

(a) Appeals authorized. An appeal to the BZA may be taken by any person aggrieved or by any officer, department or board of the county affected by any decision of the zoning administrator or from any order, requirement, decision or determination made by any other administrative officer in the administration or enforcement of this article or any ordinance adopted pursuant to this ordinance [Ord. of 3-9-10]. Such appeals must be made within 30 days after the decision appealed from. Appeals are made by filing a notice of appeal with the zoning administrator and with the BZA. The notice of appeal must specify the grounds for appeal.

(b) Document transmittal. The zoning administrator must immediately transmit to the BZA all the papers constituting the record upon which the action appealed from was taken.

(c) Stay in proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the BZA that, by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and on notice to the zoning administrator and for good cause shown.

(d) Fee. Appeals must be accompanied by a cash payment to the county in accordance with the established fee schedule.

(e) Time of hearing. Upon receipt of the appeal, the BZA must fix a reasonable time for the hearing, give public notice in accordance with Code of Virginia, § 15.2-2204 and 15.2-2309, as well as due notice to the parties in interest as required by law.

(f) Time of decision. The BZA must make its decision within 90 days of the filing of the appeal.

(g) Decision by BZA. In exercising its powers the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from.

(h) Withdrawal of appeal. An appeal to the BZA may be withdrawn by the appellant at any time prior to the deadline for cancellation of the newspaper advertisement provided for in this article. After such deadline, an appeal may be withdrawn only with the permission of the BZA. An appeal which is not withdrawn as provided for in this subsection must be either granted or denied on the merits by the BZA, either in whole or in part.

(Ord. of 5-2-1996, § 1604; Ord. of 3-9-2010)


Sec. 70-69. - Appeals from decisions of board of zoning appeals.

Any person or persons jointly or severally aggrieved by any decision of the BZA, or any aggrieved taxpayer, or any officer, department, board or bureau of the county, may file with the circuit court a petition specifying the grounds on which it is aggrieved within 30 days after the final decision of the BZA.

(Ord. of 5-2-1996, § 1605; Ord. of 3-9-2010)

 

Sec. 70-70. - Fees.

There may be a charge for the examination and hearing of applications for appeals to the board of zoning appeals. Fees shall be established by the board of supervisors and shall be paid at the time the appeal is filed.

(Ord. of 5-2-1996, § 1606)


Sec. 70-71. - Administrative variance.

(a) The zoning administrator may grant a variance from any building setback requirement contained in this chapter after finding in writing that:

(1) The strict application of this chapter would produce undue hardship;

(2) Such hardship is not shared generally by other properties in the same zoning district and the same vicinity;

(3) The authorization of the variance will not be of substantial detriment to adjacent property; and

(4) The character of the zoning district will not be changed by the granting of the variance.

(b) Prior to granting a variance, the zoning administrator shall notify all adjoining property owners of the request for variance, inviting them to respond in writing. If the zoning administrator receives a written objection from any adjoining property within 21 days of the date of the notice, he shall forward the request for variance to the board of zoning appeals.

(c) If the zoning administrator does not make the findings listed in this section, he shall forward the request for variance to the board of zoning appeals.

(Ord. of 5-2-1996, § 1607)

 

Secs. 70-72--70-90. - Reserved.


DIVISION 3. - APPEALS FROM DECISION OF BOARD OF SUPERVISORS

 

Sec. 70-91. - Authorized.

Any person aggrieved by any decision of the board of supervisors, or any aggrieved taxpayer, or an officer, department, board or bureau of the county may appeal such decision by presenting to the circuit court a petition specifying the grounds on which aggrieved. Such appeal shall be taken within 30 days of the decision of the board of supervisors.

(Ord. of 8-11-1998, § 1606.01)

 

Sec. 70-92. - Reserved.

 

Sec. 70-93. - Reserved.


Sec. 70-94. - When testimony required.

If upon a hearing under this division it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

(Ord. of 8-11-1998, § 1606.04)


Sec. 70-95. - Costs.

Costs shall not be allowed against the board of supervisors unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.

(Ord. of 8-11-1998, § 1606.05)

 

Secs. 70-96--70-115. - Reserved.


DIVISION 4. - ZONING PERMIT


Sec. 70-116. - Required.

A zoning permit is required for construction of or addition to any building or structure for which a building permit is required, and a zoning permit is required for any proposed change in use within a structure that is used in whole or in part for nonresidential purposes. A temporary zoning permit is also required for certain temporary uses permitted in individual zoning districts pursuant to section 70-122.

(Ord. of 5-2-1996, § 1101; Ord. of 3-9-2010)

 

Sec. 70-117. - Agricultural, limited residential and general residential zoning districts.

Each application for a zoning permit in the districts shall be accompanied by a scale drawing showing the size and shape of the parcel of land, and the proposed location and use of the structure. The zoning administrator shall review and approve the application and may submit it to the commission for its review and recommendation.

(Ord. of 5-2-1996, § 1101.01)

 

Sec. 70-118. - Planned residential district.

Each application for a zoning permit in the planned residential district shall be accompanied by three copies of a plat prepared by a certified land surveyor. The plat shall show the size and shape of the parcel of land, and the proposed location and use of the structure. The zoning administrator shall review and approve the application, and may submit it to the commission for its review and recommendation.

(Ord. of 5-2-1996, § 1101.02)

 

Sec. 70-119. - Multifamily residential, commercial and industrial districts.

(a) Each application for a zoning permit in the multifamily residential, commercial and industrial districts shall be accompanied by four copies of a site plan which shall include the following information:

(1) A vicinity map at a scale of one inch equals 2,000 feet.

(2) The property boundaries and source of title as shown on the most recent survey.

(3) Existing topography and proposed grading.

(4) Existing and proposed roads.

(5) Existing and proposed utilities.

(6) Proposed provisions for handling stormwater.

(7) Location, floor area, height and use of each existing or proposed building or structure.

(8) Location, type and height of all fencing, screening and retaining walls.

(9) Parking and loading areas, including dimensions and type of surface.

(10) A lighting and landscape plan (to include designated buffer zone).

(11) Elevation drawings of each principal side of each building or structure.

(12) Information relating to archaeological, historical and natural resources, if any.

(13) Soil analysis listing representative soil types on site, weights per cubic foot of the soils and whether or not they have shrink-swell potential. Soils should be shown as per the current soil survey of the county.

(14) Location of trash collection/recycling facilities and provision for private collection service.

(b) The site plan shall be submitted to the zoning administrator for review within five years of rezoning approval by the board of supervisors. Failure to submit the site plan within five years of rezoning approval may trigger a review of the zoning classification by the board of supervisors.

(c) Once a site plan has been submitted, the zoning administrator may refer the plan to the planning commission or the board of supervisors for review and recommendation if it is deemed necessary to do so. All multifamily development site plans shall be referred to the planning commission for review. The zoning administrator shall notify the applicant in writing of such referral, specifying the time and place the planning commission or board of supervisors will review the plan. If the zoning administrator finds that the proposal conforms with applicable ordinances, he shall notify the applicant in writing that he has approved the plan. If the zoning administrator finds that the proposal does not conform with applicable ordinances, he shall notify the applicant in writing that he has disapproved the plan, specifying the causes for disapproval and the steps necessary to correct such causes. Failure to notify the applicant within 30 days of receipt shall be deemed approval.

(d) Site plan approval shall expire after five years unless construction has begun and work has been diligently pursued.

(Ord. of 5-2-1996, §§ 1101.03, 1101.04; Ord. of 8-11-1998, §§ 1101.03, 1101.04; Ord.of 5-8-2001; Ord. of 6-14-2011)



Sec. 70-120. - Fee for review.

An applicant for a zoning permit shall pay a fee for the review and approval of the site plan and the issuance of the zoning permit in accordance with the schedule of fees adopted by the board of supervisors.

(Ord. of 5-2-1996, § 1101.05)

 

Sec. 70-121. - Electric service.

It shall be unlawful for any electric company to furnish electricity to any new structure, building or newly located manufactured or mobile home unless a zoning permit has been issued.

(Ord. of 5-2-1996, § 1101.06)

 

Sec. 70-122. - Temporary use permits.

(a) Permit and application requirements. A zoning permit for a temporary use is required for certain temporary uses permitted in individual zoning districts.

Application for such permit shall be made at least one week prior to the date on which the permit is to take effect. The application shall be made on a form provided by the zoning administrator and shall include information about the proposed use, products to be sold, signs, and related licenses and permits.

(b) Revocation of temporary permit. The zoning administrator may revoke a temporary permit at any time subsequent to the failure of the owner or operator of the permitted use to observe all requirements of the law with respect to the maintenance and conduct of the use, and any conditions of the permit that were designated by the zoning administrator when issued. Upon receipt of notice of revocation of the permit, the property owner or operator of such activity shall cease operation of the activity immediately. The foregoing provisions shall not be deemed to preclude the use of any other remedy prescribed by law with respect to violations of the provisions of this section.

(c) Public uses excluded. Any use located on government-owned property which is approved by the County, shall not be considered a temporary use subject to this section and section 70-940.

(d) Civic or non-profit organization use exempted. The operation of a temporary use by a civic or non-profit organization is exempt from the requirements of this section and section 70-940.

(e) Signs. Notwithstanding other regulations governing signs in this ordinance [Ord. of 3-9-10], only one sign is permitted for each temporary use, which shall be displayed only during the period approved for the temporary use.

(Ord of 3-9-2010)

 

Secs. 70-123--70-140. - Reserved.

 


DIVISION 5. - SPECIAL USE PERMITS


Sec. 70-141. - Considerations.

In granting a special use permit, the commission and the board of supervisors shall consider whether the proposed use would further the purposes of the comprehensive plan and this chapter; whether it would threaten the public health, safety or welfare; whether it would be compatible with its surroundings; and whether it would result in a substantial detriment to the surrounding property.

(Ord. of 5-2-1996, § 1103.01)

 

Sec. 70-142. - Conditions authorized.

In granting a special use permit, the commission may recommend and the board of supervisors may impose reasonable conditions to protect the public health, safety and general welfare.

(Ord. of 5-2-1996, § 1103.02)

 

Sec. 70-143. - Notice and hearing required.

No special use permit may be granted except after notice and hearing as provided in Code of Virginia, § 15.2-2204.

(Ord. of 5-2-1996, § 1103.03)

 

Sec. 70-144. - Expiration.

(a) Unless otherwise provided in the conditions of approval, any special use permit shall expire if the applicant does not obtain a building permit for the facility or otherwise commence the use within nine months of its issuance. The zoning administrator may grant an extension of up to three months upon written application and for good cause shown. Any request for an extension of more than three months will require a new application.

(b) Pursuant to Code of Virginia, § 15.2-2288.4, any special use permit that was valid and outstanding as of January 1, 2009, is extended to July 1, 2011.

(Ord. of 5-2-1996, § 1103.04; Ord. of 3-9-2010)

 

Secs. 70-145--70-165. - Reserved.


DIVISION 6. - SPECIAL EXCEPTIONS


Sec. 70-166. - Authorized.

The board of supervisors delegates to the board of zoning appeals the power to review and approve certain applications for special exceptions subject to the following guidelines; they shall:

(1) Safeguard the public health, safety and welfare;

(2) Not impair an adequate supply of light and air to adjacent property;

(3) Not increase congestion in the public street or danger of fire or other hazards;

(4) Not substantially diminish property values in surrounding areas; and

(5) Observe the spirit of the comprehensive plan and this chapter such that substantial justice is done.

(Ord. of 5-2-1996, § 1104.01)

 
Sec. 70-167. - Expiration.

Any special exception shall expire if the applicant does not avail himself of the privilege granted by the exception within nine months of its issuance. The zoning administrator may grant an extension of up to three months upon written application and for good cause shown.

(Ord. of 5-2-1996, § 1104.02)

 

Secs. 70-168--70-190. - Reserved.


DIVISION 7. - CONDITIONAL ZONING


Sec. 70-191. - Conditional Zoning Authorized.

The board of supervisors may rezone property subject to conditions, provided the applicant proffers such conditions in writing prior to the public hearing before the board of supervisors. Any such rezoning shall conform to the provisions of §§15.2-2296 through 15.2-2303 of the Code of Virginia.

(1) Any landowner applying for rezoning may voluntarily proffer to place restrictions on the use of his land in addition to the restrictions imposed by this chapter. The landowner may also:

    (a) dedicate to the county, or to an agency approved by the county, real estate or public facilities located off the site to be rezoned;

    (b) pay to the county a fixed sum of cash or other consideration to defray the cost of capital improvements;

    (c) pay to the county a fixed sum of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the comprehensive plan and incorporated into the capital improvements program.

provided that (i) the rezoning itself gives rise to the need for the conditions; (ii) the conditions have a reasonable relation to the rezoning; and (iii) all conditions are in conformity with the county comprehensive plan.

(2) The board of supervisors may rezone the property on the condition that the landowner and his heirs and assigns abide by such conditions. Such conditions shall have the same force and effect as the regulations provided for the zoning district by this chapter. Failure to abide by such conditions shall render the rezoning voidable and may cause the zoning of the property to revert to its classification prior to the conditional rezoning.

(3) The zoning administrator shall prepare a “proffer policy guide” to aid landowners in preparing and submitting proffers. Said policy guide shall be approved by the board of supervisors prior to implementation, and may be amended from time to time with the approval of the board.

(Ord. of 5-14-2013, Ord.# 130514-PH3)

 

Sec. 70-192. - Expiration.

Upon rezoning of property to limited residential (R-1), general residential (R-2) or planned residential (R-3), plats for the proposed subdivision must be submitted to the subdivision agent and home construction diligently pursued within five years of rezoning approval by the board of supervisors. Failure to do so may trigger a review of the zoning classification by the board of supervisors.

Upon rezoning of property to multifamily residential (R-4), limited commercial (C-1), general commercial (C-2), limited industrial (I-1) or general industrial (I-2), site plans shall be submitted to the zoning administrator for review and construction diligently pursued within five years of rezoning approval by the board of supervisors. Failure to do so may trigger a review of the zoning classification by the board of supervisors.

(Ord. of 5-8-2001; Ord. of 6-14-2011)

 

Secs. 70-193--70-210. - Reserved.


DIVISION 8. - AMENDMENTS


Sec. 70-211. - Intent.

Pursuant to Code of Virginia, § 15.2-2285, the board of supervisors may amend, supplement, change, modify or repeal the regulations, restrictions and boundaries established in this chapter, as provided in this division.

(Ord. of 5-2-1996, § 1701)

 

Sec. 70-212. - Initiation.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the board of supervisors may, by ordinance, amend or repeal the text of this chapter or the zoning map. Such amendment may be initiated by the board of supervisors or the commission. An amendment to the map may be initiated by petition of the owner or agent of the owner of the property which is the subject of such amendment; provided that such petition shall be addressed to the board of supervisors, shall be on a standard form, and shall be accompanied by a fee in accordance with a fee schedule separately adopted by the board of supervisors.

(Ord. of 5-2-1996, § 1702)

 

Sec. 70-213. - Report by the planning commission.

Upon receipt of an application to amend the zoning ordinance, the planning commission shall advertise and hold a public hearing at its next regularly scheuled meeting, pursuant to Code of Virginia, § 15.2-2204 and report to the board of supervisors its recommendation with respect to the proposed amendment. The commission need not confine its recommendation to the proposed amendments as set forth in the petition but may reduce the extent of lands that it recommends be rezoned or may recommend that lands be rezoned to a less intensive zoning classification than that petitioned for. If the amendment was initiated by petition, failure to report within 40 days from the date of the first public hearing shall be deemed a favorable recommendation. Any application which is postponed at the request of the applicant shall be considered withdrawn, and any application withdrawn shall be resubmitted and shall be subject to the applicable fees.

(Ord. of 5-2-1996, § 1703; Ord. of 10-12-1999)

 

Sec. 70-214. - Board of supervisors public hearing.

Before adopting any amendment, the board of supervisors shall hold a public hearing on the amendment, pursuant to Code of Virginia, § 15.2-2204, after which the board of supervisors may make appropriate changes or corrections in the proposed amendment. No other land shall be rezoned and no land shall be rezoned to a more intensive classification than was contained in the public notice without an additional public hearing after notice as required by Code of Virginia, § 15.2-2204.

(Ord. of 5-2-1996, § 1704)

 

Sec. 70-215. - Minimum period for refiling denied applications.

If the board of supervisors shall deny the petition of any property owner, substantially the same petition shall not be reconsidered for a period of one year from the original decision by the board of supervisors unless a change in conditions warrants rehearing.

(Ord. of 5-2-1996, § 1705)

 

Sec. 70-216. - Withdrawal of petitions.

Any petition filed pursuant to this division may be withdrawn upon written request by the applicant provided that, if the request for withdrawal is made after publication of the notice of hearing, such withdrawal shall be only with the consent of the planning commission or the board of supervisors, whichever body has advertised the hearing.

(Ord. of 5-2-1996, § 1706)

 

Sec. 70-217. - Fees.

There shall be a charge for the filing, examination, advertising and conducting public hearings by the agent, commission and board of supervisors. Fees shall be established by the board of supervisors and shall be paid at the time of filing. Application fees are waived for the county school board or any agency, board, division or commission acting in the name of the board of supervisors.

(Ord. of 5-2-1996, § 1707)

 

Secs. 70-218--70-240. - Reserved.