Chapter 23, Article 4: Division 1- Required Permits and Approvals; Fees

Sec. 23-4.1.1- Required permits and approvals; fees, to be consistent with other Code sections the proposal adds capitalization when the County, County Codes, County Forms/ Applications, County Permits, County position titles such as the Zoning Administrator are referenced. References to an “occupancy permit” have been corrected to refer to a “Certificate of Occupancy”, a proper reference verified by the Zoning and Building office. Additionally in (j) an update has been proposed to reflect and complement code amendments approved elsewhere associated with Code Amendment Case CA14-0005 that removed the Agricultural 1 (A-1) District in its entirety, combined the Village Residential and Village Commercial Districts to be known as “Village (V)”, and added the Planned Rural Residential (PRR) zoning district to the backyard chickens ordinance. Amendments associated with CA14-0005 were approved on January 13, 2015 warranting proposed amendments in (j) that are complementary and appropriate.  

Sec. 23-4.1.2- Simultaneous applications, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Permits, County Boards or Commissions are referenced.

Sec. 23-4.1.3- Processing and review fees, proposal combines (a) and (b) as subject matter is complementary to one another in reference to the Unified Fee Schedule.

Chapter 23, Article 4: Division 4- Permitted Uses

Sec. 23-4.4.1- Purpose and applicability, to be consistent with other Code sections the proposal adds capitalization when County Codes are referenced.

Sec. 23-4.4.2- Required approvals, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Permits are referenced. References to an “occupancy permit” have been corrected to refer to a “Certificate of Occupancy”, a proper reference verified by the Zoning and Building office.

Chapter 23, Article 4: Division 5- Special Uses

Sec. 23-4.5.1- Purpose and applicability, to be consistent with other Code sections the proposal adds capitalization when the County, County Codes, County Forms/ Applications, County Permits are referenced.

Sec. 23-4.5.2- Required approvals, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Permits are referenced. References to an “occupancy permit” have been corrected to refer to a “Certificate of Occupancy”, a proper reference verified by the Zoning and Building office.

Sec. 23-4.5.3- Application requirements; determination of completeness, to be consistent with other Code sections the proposal adds capitalization when the County, County Codes, County Forms/ Applications, County Permits, County Departments, position titles such as the Director of Planning are referenced. In (a) proposal clarifies those who may file a special use permit application. In (b) the pre-application meeting for special use is proposed to be amended from “encouraged” to a requirement. As part of County Code and located within the application requirements Section for Special Uses, aspirational language encouraging a pre-application meeting is not appropriate. Pre-application meetings are helpful to the development review process for applicants and review agencies. Project concerns can be identified prior to application submittal, reducing review time and costs. Pre-application meetings are already required as part of the rezoning process that also requires public hearings. Special use permits are also appropriate for the pre-application meeting requirement. Complementary to the pre-application meeting language proposed in (b), proposed amendment in (c) clarifies application requirements where appropriateness or applicability deviates from standard County forms. Generalized Development Plan (GDP) submittal requirements as part of application submittal have been amended in (c)(1) to include: basic project information to appear on the GDP title sheet including: existing GDP content items; standard approval block; GDP Index, Site data summary table containing existing conditions and project details; clarified details regarding project depiction expectations on the GDP in draft (7) and (8);  landscape plan requirements are proposed to be combined in (14) and (15) to result in draft (9); combine (19) into (16) to result in draft (10) regarding identification of transportation relates depiction; reduce contour line intervals from ten (10) foot intervals to two (2) foot intervals; ensure tabulation of required open space calculations reported to be consistent with the Spotsylvania County Code definition of open space; clarify depiction of historic sites or features and/ or places of burial considering the Code of Virginia; erosion and sediment control methods description; project features maintenance responsibilities description.

Sec. 23-4.5.4- Staff review and report, to be consistent with other Code sections the proposal adds capitalization when the County, County Codes, County Forms, County Permits, County Departments, County Boards or Commissions, position titles such as the Director of Planning are referenced. Staff proposes to strike and relocate public hearing scheduling language in (a) to draft (d) to be representative of process chronology. Review process and chronology has also been considered regarding creation of a staff report in (c), proposed to be relocated to (d) also.  Procedural details have also been outlined in draft (d) related to dual applications where a Map Amendment and Special Use applications apply to the same project.

Sec. 23-4.5.5- Public hearing and recommendation by the Planning Commission, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms, County Permits, County Boards or Commissions are referenced. Procedural clarifications have been proposed concerning public hearings and timelines.

Sec. 23-4.5.6- Public hearing and decision by the Board of Supervisors, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms, County Permits/ Applications, County Boards or Commissions are referenced. The proposal revised a Code reference related to public notice requirements in (a). Procedural details have been further elaborated upon in draft (b)(3) specifying a Board of Supervisors option during public hearing to continue the public hearing to a future meeting.

Sec. 23-4.5.7- Standards of review, to be consistent with other Code sections the proposal adds capitalization when the County, County Codes, County Forms, County Permits/ Applications, County Boards or Commissions are referenced. Use specific standards for Automobile, tractor and trailer repair shops, Places of worship, Private Schools, Wineries in A-1, A-2, A-3 and Ru Districts have been proposed to be removed in the draft ordinance. For Automobile, tractor and trailer repair shops, Places of worship, and Private Schools the use specific standards are proposed for removal recognizing the aforementioned uses when identified as special uses provide the County the ability to review and condition such special use applications as warranted to mitigate impacts on a case by case basis. Additionally, there is a wide array of potential locations that the uses could be proposed with their own unique challenges whereby not all locations are “created equal” and a “one size fits all” approach sets too narrow parameters. Given variability of location, staff does not feel additional use specific standards were necessary within a special use permit requirement. Wineries no longer require special use permits by Spotsylvania County code in Agricultural districts where agriculture is a permitted use considering Code of Virginia legislation. The County amended zoning definitions and zoning districts with Code Amendment Case CA14-0005 (approved January 13, 2015) in order to comply with the Code of Virginia Sec. 15.2-2288.3. As a result, special use permit standards are no longer warranted for wineries. Adult-oriented business use specific standards were added to the zoning ordinance with Code Amendment Case CA07-N, approved October 9, 2007. This use category too falls under special use permit scrutiny and like the use standards above proposed for removal could be considered on a case by case basis knowing the County has the ability to review and condition such special use applications as warranted to mitigate impacts. However, overall the regulations are fairly recent additions to the code and standard in their application.  As opposed to special use specific standards proposed for removal above, adult-oriented businesses by code are limited to very few potential locations in the County. As such there is much less possible variability from one location to the other and a common standard could be better applied. The use specific standards appear to set the framework for an application’s review and would appear to address many of the concerns that might be raised without necessity to condition them. In draft, staff has maintained the adult oriented business use specific standards. Amendments to this area include language cleanup and capitalization of County Code reference.

Sec. 23-4.5.8- Effect of decision, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications are referenced.

Sec. 23-4.5.9- Changes to approved special uses, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Boards or Commissions are referenced.

Sec. 23-4.5.10- Expiration or revocation of Special Use approval, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Boards or Commissions are referenced.

Sec. 23-4.5.11- Waiting period for subsequent applications, to be consistent with other Code sections the proposal adds capitalization when County Forms/ Applications are referenced.

Chapter 23, Article 4: Division 7- Text Amendments

Sec. 23-4.7.1- Purpose and applicability, to be consistent with other Code sections the proposal adds capitalization when County Codes are referenced.

Sec. 23-4.7.2- Initiation of amendments, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Boards or Commissions are referenced. Sentence structure has also been amended for consistency with similar language in Sec. 23-4.7.3, and legal clarity.

Sec. 23-4.7.3- Staff review and report, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Departments, County Boards or Commissions are referenced. For procedural accuracy, (a) is proposed to be reworded. No substantive change results from the amendment.

Sec. 23-4.7.4- Review and recommendation by the Planning Commission, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Boards or Commissions are referenced.

Sec. 23-4.7.5- Review and decision by the Board of Supervisors, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Boards or Commissions are referenced.

Sec. 23-4.7.6- Review and recommendation by the Historic Preservation Commission to establish or amend a Historic Overlay District or designate a historic landmark, proposed content is an addition to Division 7- Text Amendments, but reflective of procedural language already outlined elsewhere in Sec. 23-7.3.4 related to the Historic Overlay District. Since amending the Historic Overlay District results in a Text Amendment within the Code, staff believes the process has value within Sec. 23-4.7.6 also. No substantive change in regulation or procedure results or is proposed.

Chapter 23, Article 4: Division 8- Variances

Sec. 23-4.8.7- Appeal to the Circuit Court, to be consistent with other Code sections the proposal adds capitalization when the County, County Codes, County Boards or Commissions are referenced. Additionally, an amendment is proposed to update/ correct a reference to the Code of Virginia.

Chapter 23, Article 4: Division 9- Appeals of Administrative Decisions

Sec. 23-4.9.1- Application requirements; effect of filing, to be consistent with other Code sections the proposal adds capitalization when the County, County Codes, County Boards or Commissions, position titles such as the Zoning Administrator are referenced. Procedural clarifications have also been proposed.

Sec. 23-4.9.2- Staff review and report, to be consistent with other Code sections the proposal adds capitalization when County Boards or Commissions, position titles such as the Zoning Administrator are referenced.

Sec. 23-4.9.3- Review and decision by the Board of Zoning Appeals, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Boards or Commissions, position titles such as the Planning Director are referenced. Procedural clarifications have also been proposed as it relates to reversal of the Zoning Administrator’s decision by the Board of Zoning Appeals.

Sec. 23-4.9.4- Effect of decision, to be consistent with other Code sections the proposal adds capitalization when the County, County Boards or Commissions are referenced.

Sec. 23-4.9.5- Appeal to the Circuit Court, to be consistent with other Code sections the proposal adds capitalization when the County, County Boards or Commissions are referenced. Additionally, an amendment is proposed to update/ correct a reference to the Code of Virginia.

Chapter 23, Article 4: Division 12- Building Permit

Division 12- Building Permit, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Forms/ Applications, County Permits, the Code of Virginia are referenced. Proposed amendments pointing to the Virginia Uniform Statewide Building Code result from consultation with the County Building office.

Chapter 23, Article 4: Division 13- Certificate of Occupancy and Zoning Approval

Sec. 23-4.13.1- Purpose and applicability, to be consistent with other Code sections the proposal adds capitalization when County Forms/ Applications, County Permits are referenced. A proposed amendment to remove (b) pertaining to issuance of an occupancy permit has been supported through consultation with the County Zoning and Building office. The change is meant to focus on Zoning related responsibilities administered by the Zoning Administrator. Additionally the County does not issue “occupancy permits” as identified in (b). Existing language in (a) has been deemed effective whereby (b) is unnecessary. 

Sec. 23-4.13.2- Application requirements, to be consistent with other Code sections the proposal adds capitalization when County Permits/ Applications, County Departments are referenced. In consultation with the County building and zoning office, the proposal seeks to correct reference to an “occupancy permit”, changing it to “Zoning permit” as “occupancy permits” are not issued by the County and the Zoning ordinance is specific to Zoning related regulations, forms and functions to be administered by the Zoning Administrator.

Sec. 23-4.13.3- Review and inspection, to be consistent with other Code sections the proposal adds capitalization when County Codes, County Permits/ Applications, County Departments are referenced. A correction has been proposed to change “occupancy permit” to “Certificate of Occupancy”; correct terminology.

Sec. 23-4.13.4- Issuance of a Certificate of Occupancy, proposed amendments greatly simplify details related to issuance of a Certificate of Occupancy. Proposal would strike introductory language, revise (a) and strike (b). Amendments supported with consultation from the Zoning and Building offices.

Sec. 23-4.13.5- Temporary Zoning Approval, to be consistent with other Code sections the proposal adds capitalization when County Permits/ Applications, County Departments, position titles such as Zoning Administrator are referenced. References to “occupancy permit” have been replaced with “Zoning Approval” as “occupancy permits” are not issued by the County and the Zoning ordinance is specific to Zoning related regulations, forms and functions to be administered by the Zoning Administrator. Amendments also include addition of a procedural clarification in which Temporary Zoning Approval may be extended by the Zoning Administrator. This amendment is supported with consultation from the Zoning office.