Essex County Unincorporated

A Conditional Use Permit authorizes only the particular use(s) and associated development that is approved and shall not ensure that the development approved through said permit shall receive subsequent approval for any other necessary applications for permit or development approval. A Conditional Use Permit, including any approved plans and conditions, shall run with the land and shall not be affected by a change in ownership.

After the Board of Zoning Appeals has granted a variance, the variance so granted shall lapse after the expiration of eighteen (18) months if no substantial construction or change of use has taken place in accordance with the plans for which such variance was granted, or if the Board of Zoning Appeals does not specify some longer period than eighteen (18) months for good cause shown.

Issuance of a variance or special exception shall authorize only the particular variance that is approved. A variance, including any conditions, shall run with the land and not be affected by a change in ownership.

Pursuant to Code of Virginia, § 15.2-2286(A)(8), no building permit or zoning permit shall be issued involving construction or exterior modifications to a structure until a site plan has been issued in accordance with the procedures established herein. Site plans are required and shall be submitted for all new structures, all renovated structures, and all additions to existing structures, with the following exceptions: ...

Prior to the submittal of a preliminary site plan, a preapplication meeting must be held between the applicant and the Zoning Administrator, unless otherwise waived by the Zoning Administrator.

The preliminary site plan, or any portion thereof, involving engineering, urban planning, landscape architecture, architecture, or land surveying shall be prepared by qualified persons. Site plans shall be certified by an architect, engineer, or land surveyor licensed to practice by the state within the limits of their respective licenses.

Pursuant to Code of Virginia, § 15.2-2259, the site plan shall be approved or disapproved within 60 days after it has been officially submitted for approval. ... the site plan that is previously disapproved but has been modified, corrected, and resubmitted shall be acted on within 45 days of resubmission.

If it becomes necessary for an approved site plan to be changed, the administrator may, at the applicant's request, administratively approve an amendment to the site plan if the change or amendment does not: (1) Alter a recorded plat; (2) Conflict with specific requirements of this Ordinance; (3) Change the general character or content of an approved development plan or use; (4) Have an appreciable effect on adjoining or surrounding property; (5) Result in any substantial change of external access points; (6) Decrease the minimum specified yard and open spaces.

It shall be unlawful for any person to construct, erect or substantially alter any building or structure, or develop, change, or improve land for which a site plan is required, except in accordance with an approved site plan. Deviation from an approved site plan without the written approval of the Zoning Administrator shall void the site plan and require submission of a new site plan for approval.

If no final plan is submitted within 18 months of the approved preliminary site plan and construction has not begun within the time period approved by the Board of Supervisors, the preliminary site plan approved shall lapse and be of no further effect. ... approval of a final site plan submitted under the provisions of this Article shall expire five years after the date of such approval unless building permits have been obtained for construction in accordance therewith.

Notice of public hearings shall be published once a week for two successive weeks in some newspaper published or having general circulation in the County. ... Notices shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. ... When a proposed amendment of this Ordinance involves a change in the zoning classification of 25 or fewer parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner or owners, their agent or the occupant of each parcel involved, ... When a proposed amendment of this Ordinance involves a change in the Zoning Map classification of more than 25 parcels of land, or a change to the applicable Zoning and Subdivision Ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as required by subsection A, written notice shall be given by the local planning commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, ... When a proposed change in Zoning Map classification; or an application to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the Commonwealth, then, in addition to the advertising and written notification as required by this section, written notice shall also be given by the local commission, or its representative, at least 10 days before the hearing to the chief administrative officer, or his designee, of such adjoining locality.

Pursuant to the Code of Virginia, § 15.2-2286(B), prior to the initiation of an application, the applicant shall 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 have been paid, unless otherwise authorized by the treasurer.

Except where modifications to this Ordinance may be approved, all permits or licenses and the uses and buildings for which they apply shall conform to the provisions of this Ordinance. Any permit or license issued which is in conflict with the provisions of this Ordinance shall be null and void.

The provisions of this Ordinance shall not impair a vested right of a property owner. The Zoning Administrator shall be authorized to make determinations on whether a property owner's rights are deemed vested in a land use.

Pursuant to the permitted provisions of the Code of Virginia, § 15.2-2286, no building or other structure shall be erected, moved, added to, structurally altered, nor shall any building, structure, or land be established or changed in use without the owner or owners first obtaining a permit therefor, issued by the Administrator.

If the work described in any zoning permit has not begun within eighteen (18) months from the date of issuance thereof, said permit shall expire. If the work described in any zoning permit has not been substantially completed within five (5) years of the date of issuance thereof, said permit shall expire.

Whenever a petition requesting an amendment, supplement, or change has been denied by the Board of Supervisors, such petition, or one substantially similar, shall not be reconsidered sooner than 12 months after the previous denial.

Should the use approved by the Conditional Use Permit cease for any twenty-four-month period during the life of the permit, the Conditional Use Permit shall become void.

No reapplication for a Conditional Use Permit for the same or substantially the same application shall be considered by the governing body within a period of six (6) months from its last consideration.

No reapplication for a Conditional Use Permit for the same or substantially the same application shall be considered by the governing body within a period of six (6) months from its last consideration.