A.
This section sets forth the review and approval procedures that apply
generally to applications required or authorized in this chapter.
B.
The specific procedures followed in reviewing various applications
for development approval differ. Reference shall be made to the appropriate
section in this chapter which addresses the procedures and requirements
of a particular application. Generally, the procedures for all applications
have three common elements:
C.
Submittal dates are established in the Procedures Manual for each
type of specific application.
A.
Purpose. A pre-application conference provides an applicant with
information on the applicable provisions of this chapter. The conference
also informs the applicant about the preparation of the application
and allows an informal discussion of the application and the review
process. The conference also familiarizes City staff with the characteristics
of a property and its proposed use or development.
B.
Mandatory. Except for applications initiated by City staff, the Planning
Commission, or the City Council, the pre-application conference between
the applicant and the City staff shall be mandatory before submission
of the following types of applications:
C.
Optional. A pre-application conference is optional for any application
other than those listed above, if desired by the applicant.
D.
Non-binding. The pre-application conference is intended to facilitate
the application process. Discussions held within or in relation to
a pre-application conference, and comments or information provided
by any member(s) of the Preliminary Plan Committee, are not binding
on the City and shall not constitute any official action or decision
of the City or its officers, agents or employees. Persons seeking
official determinations or decisions from the City are required to
officially submit an application in accordance with applicable provisions
of this chapter.
Forms required for or in connection with applications to be
made under this chapter are available in, and shall be filed with
the offices of the Zoning Administrator, the Development Administrator,
or the Stormwater Administrator.
A.
The receiving administrator shall establish the requirements for
the content and form for each type of application reviewed under this
chapter, and amend and update these requirements as necessary to ensure
effective and efficient review. These materials shall be placed in
the Procedures Manual.
B.
The applicant bears the burden of ensuring that an application contains
sufficient information to demonstrate compliance with all applicable
standards.
The City Council shall adopt an ordinance to establish application
fees, and may amend and update those fees from time to time, in accordance
with Code of Virginia § 15.2-107.
A.
On receiving an application, the receiving administrator shall, within
a reasonable period of time, determine whether the application is
complete. A complete application is one that:
(1)
Contains all information and materials established in this chapter
or specified in the Procedures Manual as required for submittal;
(2)
Is in the form established by the receiving administrator as
required for submittal of the particular type of application;
(3)
Includes information in sufficient detail to evaluate the application
to determine whether it complies with the appropriate review standards
of this chapter;
(4)
Is accompanied by the fee established for the particular type
of application; and
(5)
With a Zoning Map amendment, special exception, special use
permit, variance, or other land disturbing permit application, including
erosion and sediment control permits, the applicant shall provide
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
locality and have been properly assessed against the subject property,
have been paid.
B.
On determining that the application is incomplete, the receiving
administrator shall notify the applicant in writing of the submittal
deficiencies. The applicant may correct the deficiencies and resubmit
the application for completeness determination.
C.
On determining that the application is complete, the receiving administrator
shall accept the application as being officially submitted and shall
schedule the application for review and action in accordance with
the procedures and standards of this chapter. Any application requiring
a review and recommendation by the Planning Commission shall be deemed
referred to the Commission as of the date of official submission.
[Amended 2-24-2015 by Ord. No. 15-05; 1-10-2017 by Ord. No. 16-28; 5-23-2017 by Ord. No. 17-13]
Table 72-21.7, Development Review Structure, summarizes the
roles of the advisory and decision-making bodies that participate
in the process of review and approval of applications required or
authorized by this chapter.
|
Table 72-21.7: Development Review Structure
| ||||||
|---|---|---|---|---|---|---|
|
D = Decision R = Review/Recommendation A = Appeal
<> = Public Hearing
| ||||||
|
Specific Review Procedure
|
City Council
|
Planning Commission
|
BZA
|
ARB
|
Zoning Administrator
|
Development Administrator
|
|
Administrative Decisions — Zoning
| ||||||
|
Administrative Modification
|
<A>
|
D
| ||||
|
Corridor design review — all other than ARB
|
A
|
D
| ||||
|
Enforce and administer conditional zoning
|
A
|
D
| ||||
|
Fence permit
|
<A>
|
D
| ||||
|
Home occupation permit
|
<A>
|
D
| ||||
|
Nonconforming use, change
|
<A>
|
D
| ||||
|
Nonconforming use, minor expansion
|
<A>
|
D
| ||||
|
Residential lot grading plans
|
D
| |||||
|
Sign permit
|
<A>
|
D
| ||||
|
Site plan, commercial or residential; site plan exceptions
|
D
| |||||
|
Temporary use permit
|
<A>
|
D
| ||||
|
Zoning map interpretation
|
<D>
|
R
| ||||
|
Zoning permit
|
<A>
|
D
| ||||
|
Zoning verification
|
D
| |||||
|
Legislative and Other Decisions
| ||||||
|
Certificate of appropriateness
|
A
|
<D>
|
R
| |||
|
Certificate of public facilities
|
A
|
<D>
|
R
| |||
|
Comprehensive Plan amendment
|
<D>
|
<R>
|
R
| |||
|
Special exception
|
<D>
|
<R>
|
R
| |||
|
Special use permit
|
<D>
|
<R>
|
R
| |||
|
Text amendment
|
<D>
|
<R>
|
R
| |||
|
Zoning Map amendment
|
<D>
|
<R>
|
R
| |||
|
-Conditional zoning
|
<D>
|
<R>
|
R
| |||
|
-Planned Development
|
<D>
|
<R>
|
R
| |||
|
Variance
|
R
|
<D>
|
R
| |||
|
Subdivisions
| ||||||
|
Administrative subdivision
|
A
|
R
|
D
| |||
|
Final plat for major subdivision
|
R
|
D
| ||||
|
Final plat for minor subdivision with preliminary plat
approval
|
R
|
D
| ||||
|
Final plat for minor subdivision without preliminary
plat
|
<D>
|
R
|
R
|
R
| ||
|
Preliminary plat for major subdivision
|
<D>
|
R
|
R
| |||
|
Subdivision exception, administrative
|
R
|
D
| ||||
|
Subdivision exception, major
|
D
|
R
|
R
| |||
|
Subdivision exception, minor
|
D
|
R
|
R
| |||
[Added 5-23-2017 by Ord.
No. 17-13]
Notice of public hearings shall be provided as follows:
A.
Published. Notice of a public hearing before the Architectural Review
Board, Board of Zoning Appeals, Planning Commission, or City Council
shall be published as required by Virginia Code § 15.2-2204;
for Zoning Map amendments, as also provided by Virginia Code § 15.2-2285C.
B.
Written notice. Written notice of a public hearing for new construction
before the Architectural Review Board, and for any public hearing
before the Board of Zoning Appeals, Planning Commission, or City Council
shall be provided as required by Virginia Code § 15.2-2204;
for Zoning Map amendments, as also provided by Virginia Code § 15.2-2285C.
C.
Posted notice. Notice of a public hearing before the Board of Zoning
Appeals, Planning Commission, or City Council shall be posted for
any application or transaction affecting 25 parcels of land or fewer,
as follows:
(1)
The sign shall be posted at least five days before the public
hearing and shall remain posted until after there is final action
on the application or the application has been withdrawn.
(2)
The sign shall be erected within 10 feet of each boundary line
of the parcel(s) that abuts a street and shall be so placed as to
be clearly visible from the street. If more than one street abuts
the parcel(s) then either (i) a sign shall be erected in the same
manner as above for each abutting street; or (ii) if the area of the
parcel(s) to be used if the application was granted is confined to
a particular portion of the parcel(s), a sign erected in the same
manner as above for the abutting street that is in closest proximity
to, or would be impacted by, the proposed use. A sign need not be
posted along Interstate 95 or along any abutting street if the sign
would not be visible from that street. If no street abuts the parcel(s),
then signs shall be erected in the same manner as above on at least
two boundaries of the parcel(s) abutting land not owned by the applicant
in locations that are most conspicuous to the public.
(3)
Each sign shall state that the parcel(s) is subject to a public
hearing and explain how to obtain additional information about the
public hearing.
(4)
The applicant shall diligently protect each sign from vandalism
and theft, maintain each sign in an erect position in its posted location,
and ensure that each sign remains legible. The failure of an applicant
to comply with these responsibilities may be cause for the body to
defer action on an application until there is reasonable compliance
with this subsection.
(5)
It shall be unlawful for any person to remove or tamper with
any sign, except the applicant performing maintenance required by
this subsection or the Zoning Administrator.
(6)
The body conducting the public hearing may defer taking action
on the pending transaction if it finds that the failure to comply
with this subsection materially deprived the public of reasonable
notice of the public hearing.
(7)
No action shall be declared invalid solely because of the failure
to post notice as required by this subsection.
D.
Website notice. The relevant administrative staff shall post each
public hearing notice on the City's official website at least 14 days
prior to the public hearing. No action shall be declared invalid solely
because of the failure to post notice to the City website as required
by this subsection.
[Added 5-23-2017 by Ord.
No. 17-13]
A.
Written notice. Written notice of administrative actions, when required
by this article, shall be provided as follows:
(1)
The Administrator shall give, or require the applicant to give,
all adjacent property owners written notice of the application, and
an opportunity to respond to the application, within 21 days of the
date of the notice.
(2)
Notice sent by certified mail to the last known address of such
owner as shown on the current real estate tax assessment books or
current real estate tax assessment records shall be deemed adequate
compliance with this requirement.
(3)
Notice sent by the Administrator may be sent by first class
mail; however, a representative of the department shall make an affidavit
that such mailings have been made and file such affidavit with the
record of the application.
B.
Website notice. When required by this article, the Administrator
shall post notice of the application on the City's official website
at least five days prior to any action on the application.
