TEXT AND MAP      The text is the written part of the zoning resolution. Typically, the text covers definitions, enforcement, administration, exceptions, rezoning, outlines of the different districts, parking, signage, mobile home parks, floodplains, provisions for the zoning maps and other features. Zoning districts are generally classified into residential, industrial, commercial and agricultural districts although they often allow districts that permit a blend of uses. The zoning map is drawn up to show which areas are classified in which district.

 

Adoption of zoning regulations by a county does not mean, however, that the previously stated purposes will be fulfilled. First of all, the zoning text must appropriately address the particular needs of the county. It must have the proper balance of flexibility and firmness. Also, the zoning text and map must be kept up-to-date. Typically, they should be updated every five years so the process can reflect changing county priorities and realities of growth.

 

ZONING AMENDMENTS              Amendments are extremely important to the zoning process. An amendment, or rezoning, is a change on the zoning map or text. Zoning regulations must be flexible to allow the county to be responsive to the need for legitimate changes. The amendment process enables the community to monitor changes and encourage those that enhance the county. It also allows the public a voice in changing zoning regulations. In rapid growth areas, requests for amendments are very common and often controversial, because they may cause change in traffic flow, runoff, aesthetics, noise, and other factors that may affect surrounding property.

 

Amendments are initiated in the following ways, recommendation (s) by the Planning Commission, adoption by the Board of Supervisors of a recommendation (s) by the Planning Commission.

 

A Zoning Text Amendment requires by Virginia law that a public hearing be held by the Planning Commission (makes a recommendation to approve/deny the request) and also the Board of Supervisors (make final approval/disapproval of the request).

 

A Zoning Map Amendment requires by Virginia law that a public hearing be held by the Planning Commission (makes a recommendation to approve/deny the request) and also the Board of Supervisors (makes final approval/disapproval of the request).

 

A Special Use Permit requires that a public hearing be held by the Planning Commission (makes a recommendation to approve/deny a request). The Board of Supervisors receives this recommendation and then makes a final decision to approve/deny the request without a public hearing.

 

The processes may take a minimum of 4 months.

 § 15.2-2201. Definitions.

VARIANCE   means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning. The Board of Zoning Appeals shall have a public hearing and make a decision to approve/deny the variance.  

§ 15.2-2204     The local planning commission shall not recommend nor the governing body adopt any plan, ordinance or amendment thereof until notice of intention to do so has been published once a week for two successive weeks in some newspaper published or having general circulation in the locality; however, the notice for both the local planning commission and the governing body may be published concurrently. The notice shall specify the time and place of 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 appears in such newspaper. The local planning commission and governing body may hold a joint public hearing after public notice as set forth hereinabove. If a joint hearing is held, then public notice as set forth above need be given only by the governing body. The term "two successive weeks" as used in this paragraph shall mean that such notice shall be published at least twice in such newspaper with not less than six days elapsing between the first and second publication. After enactment of any plan, ordinance or amendment, further publication thereof shall not be required.