Sec. 66-477(b)(6)

Other

• Appeal deadline30 days

  Appeals contesting the decision by the Board of Supervisors on a special use request shall be filed with the circuit court within 30 days of the decision of the Board, pursuant to Code of Virginia, § 15.2-2285(F).

• Application completeness

  Zoning requests are not considered officially submitted until the application with all of the required attachments and fees are filed with the zoning administrator.

• ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. appeal deadline30 days

  Appeals contesting the decision by of the Board of Supervisors on a conditional rezoning request shall be filed with the Circuit Court within 30 days of the decision of the Board.

• ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. conditions

  Proposed amendments to the zoning map may include the voluntary proffering in writing, signed by the property owner of record and the petitioner, if different from the property owner of record, of reasonable conditions in addition to the regulations provided for in the desired zoning district.

• ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. denial restriction9 months

  If any rezoning application is denied by the Board of Supervisors, the county can not consider a conditional rezoning request with respect to all or part of the same property within nine months of the Board of Supervisors decision.

• ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. permit expiration6 months

  If the use, operation, or beginning of construction of the development authorized by the conditional rezoning permit has not commenced within six months after approval by the Board of Supervisors, the permit shall become null and void.

• ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. restrictions

  Such conditions shall not include a cash contribution to the county. Such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in chapter 54. Such conditions shall not include payment for or construction of off-site improvements except those provided for in chapter 54. No condition shall be proffered that is not related to the physical development or physical operation of the property. All such conditions shall be in conformity with the county comprehensive plan.

• ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. withdrawal restriction2 months

  If any conditional rezoning application is withdrawn at the request of the applicant prior to the planning commissions recommendation or the Board of Supervisors decision on the application, the county can not consider a conditional rezoning request with respect to all or part of the same property within two months of the withdrawal of the application.

• Delinquent taxes must be paid

  Prior to the initiation of an application for a special exception, special use permit, variance, rezoning or other land use permit, the applicant shall produce satisfactory evidence that any delinquent real estate taxes owed to the locality which have been properly assessed against the subject property have been paid.

• Denial restriction9 months

  If any special exception or variance application is denied by the board of zoning appeals, the county can not consider a special exceptions or variance request with respect to all or part of the same property within nine months of the board of zoning appeals decision.

• Fees

  Fees allowed by Code of Virginia, § 15.2-2286(A)(6) for administrative review and processing of zoning permits, certificates of occupancy, site plans, rezoning requests, special exceptions, uses not provided for, special use permits, amendments, public hearing advertising, variances and nonconforming uses shall be published under a separate fee schedule and reviewed annually by the zoning administrator prior to approval by the Board of Supervisors.

• GradingGrading (cut & fill)Reshaping land by removing earth (cut) or adding it (fill), often capped by volume. permit required

  A grading permit, if required under chapter 30.

• Health certificate required

  Certificate from the health officer that the proposed location meets the requirements of the department of health from the standpoint of water supply and sewage disposal or, where a public water or sewer system is involved, a statement from the county public works director that all applicable regulations and requirements have been complied with.

• Mobile homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. compliance

  Requests for special use permits that involve the use of a mobile/manufactured home, are required to comply with Article XIV - Mobile/Manufactured Homes, section 66-441 (General Requirements) and section 66-442 (Individual Units).

• No refund of fees

  There shall be no refund of zoning application fees if the application is withdrawn after advertisement has occurred or if the application has been denied.

• Permit denial for violation

  No zoning permit shall be issued where it appears that the structure to be constructed or the use contemplated would be in violation of this chapter or any other applicable law, ordinance or regulation.

• Permit expiration6 months

  If the use, operation, or beginning of construction of the development authorized by the special exception or variance permit has not commenced within six months after approval by the board of zoning appeals, or if the work so authorized by the special exception or variance is suspended or discontinued for a period of six months, the permit shall become null and void.

• Permit issuance

  If it appears that the proposed structure and use of land or structure is in conformity with this chapter, a zoning permit shall be issued to the applicant by the zoning administrator.

• Plot plan required

  A plot plan signed by the applicant drawn to scale or a freehand drawing providing actual dimensions of the structure with respect to property lines including the width of required yards or open space areas and distances from public highways, provided no part of which is to be located less than the setback distance from any property line or right-of-way of any public highway.

• Public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. notice15 days

  Notice shall be given at least 15 days in advance of the public hearing.

• RezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. appeal deadline30 days

  Appeals contesting the decision by of the Board of Supervisors on a rezoning request shall be filed with the Circuit Court within 30 days of the decision of the Board.

• RezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. denial restriction9 months

  If any rezoning application is denied by the Board of Supervisors, the county can not consider a rezoning request with respect to all or part of the same property within nine months of the Board of Supervisors decision.

• RezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. permit expiration6 months

  If the use, operation, or beginning of construction of the development authorized by the rezoning permit has not commenced within six months after approval by the Board of Supervisors, the permit shall become null and void.

• RezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. review criteria

  The report to the Board shall address the following criteria, where applicable: (1) The nature, character and types of land uses and zones established in the area. (2) Ingress and egress... (3) Off-street parking and loading areas... (4) Refuse and service areas... (5) Utilities... (6) Screening and buffering... (7) Required yards and other open spaces... (8) General compatibility... (9) Such other standards...

• RezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. withdrawal restriction2 months

  If any rezoning application is withdrawn at the request of the applicant prior to the planning commission's recommendation or the Board of Supervisors decision on the application, the county can not consider a rezoning request with respect to all or part of the same property within two months of the withdrawal of the application.

• Special exception definition

  A special exception is a use not permitted in a particular zoning district except by special exception permit granted by the board of zoning appeals in accordance with this chapter.

• Special exception review criteria

  The report to the board shall address the satisfactory compliance with the following items, where applicable: (1) Ingress and egress... (2) Off-street parking and loading areas... (3) Refuse and service areas... (4) Utilities... (5) Screening and buffering... (6) Required yards and other open spaces... (7) General compatibility... (8) Such other standards and requirements, such as hours of operation...

• Special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. denial restriction9 months

  If any special use application is denied by the Board of Supervisors, the county can not consider a special use request with respect to all or part of the same property within nine months of the Board of Supervisors decision.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. definition

  A special use permit, because of its nature and anticipated county impact, requires a review by the Board of Supervisors before approval is granted.

• Special use permitConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. expiration6 months

  If the use, operation, or beginning of construction of the development authorized by the special use permit has not commenced within six months after approval by the Board of Supervisors, the permit shall become null and void.

• Special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. review criteria

  The report to the Board shall address the satisfactory compliance with the following items, where applicable: (1) Ingress and egress... (2) Off-street parking and loading areas... (3) Refuse and service areas... (4) Utilities... (5) Screening and buffering... (6) Required yards and other open spaces... (7) General compatibility... (8) Such other standards and requirements, such as hours of operation...

• Special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. withdrawal restriction2 months

  If any special use application is withdrawn at the request of the applicant prior to the Board of Supervisors decision on the application, the county can not consider a special use request with respect to all or part of the same property within two months of the withdrawal of the application.

• State agency review

  If approval of a feature or features on the plat is required by a state agency or public authority by state law, such as the state department of transportation, the zoning administrator shall forward the plat to the appropriate board or commission for review within ten business days of receipt of such plat.

• Traffic impact analysis required

  development plans that meet the regulation's traffic impact thresholds will be required to submit a traffic impact analysis (TIA)

• Use interpretation

  The zoning administrator is empowered by this chapter to interpret whether a proposed use is allowed within a zoning district. In no case shall the zoning administrator interpret a use as permitted in one district when the proposed use is more similar in impact and characteristics to land uses in another district.

• Use not provided for

  When application is made for a use and the zoning administrator determines, in accordance with subsection (c) of this section, that the use does not fit within any of the zoning districts listed in this chapter, it shall be deemed a 'use not provided for.'

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. definition

  A variance is a right granted by the board of zoning appeals to deviate from the strict terms of this chapter insofar as the shape, size, or area of a lot or parcel of land, or the size, height, area, or location of a building or a structure is concerned and where a literal enforcement of this chapter would unreasonably restrict the utilization of the property, and such need for the variance would not be shared generally by other properties and the variance is not contrary to the purpose of the ordinance.

• Withdrawal restriction2 months

  If any special exception or variance application is withdrawn at the request of the applicant prior to the board of zoning appeals decision on the application, the county can not consider a special exceptions or variance request with respect to all or part of the same property within two months of the withdrawal of the application.

• Zoning permit required

  no acceptable principal or accessory building or structure or use or buildings and uses permissible by special exception or special use permit shall be constructed, reconstructed, moved, added to or structurally altered or otherwise allowed without a permit.