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Joint Meeting PresentationPittsylvania County Zoning Ordinance Update Joint Worksession #2 December 20, 2022 1 Agenda •Project Progress •Article Review •Article 1 –In General •Article 2 -Administration •Article 3 –Permits and Applications •Article 9 –Nonconformities •Next Steps 2 Project Progress Investigation and Public Engagement Kick-off with Staff Diagnostic Joint Kickoff Meeting Public Outreach: Stakeholder Sessions Public Workshops Public Survey Content Development General & Administrative Provisions Permits & Applications District Standards Overlay & Special Districts Use Matrix Use Performance Standards Community Design Standards Nonconformities Adoption Public Open House Pre-Adoption PC and BOS Work Session(s) Incorporate Final Revisions Public Hearings and Adoption COMPLETE Worksession #2: Articles: 1, 2, 3, and 9 3 Article 1 – In General •Enactment and Authority •(Authority, purpose, applicability) •Ordinance Conflicts and Interpretations •Zoning Districts Map •(Establishment, interpretation) •Transition of Regulations after Adoption •(Effective date, vested rights) Article Content: 4 Article 1 –In General Drafting Based on Code of Virginia requirements Regulate land development Uniform regulations Code of Virginia compliance References and text from Code of Virginia added to achieve full compliance General Organization Existing content streamlined, reorganized, and edited for readability 5 Article 1 –In General Revisions to Note •Section 1-3-3. Interpretation of Zoning District Boundaries. •Provides additional detail related to interpreting zoning district boundaries •Gives the Administrator the authority to interpret zoning district boundaries, as opposed to the BZA •Section 1-4-4. Complete Applications. •Incorporates Code of Virginia language that allows completion of the project as approved with the application. •Section 1-4-6. Vested Rights. •Provides protection for vested rights of property owners and allows the Administrator to make determinations related to vested rights. 6 Article 2 – Administration •Zoning Administrator •(Appointment, powers, and duties) •Planning Commission •(Appointment, powers, meetings) •Board of Zoning Appeals •(Appointment, powers, meetings) •Enforcement •(Authority, violations, and penalties) •Fees •Taxes and Expenses Paid Article Content: 7 Article 2 –Administration Drafting Code of Virginia requirements –Updated references to Code sections –Includes required items such as ex parte communications, disclosure of conflicts of interest, and contents of notices of violation General Organization and Best Practices –Moved items for readability and streamlining of content –Edited existing text for readability, and added new, user-friendly language where appropriate 8 Article 2 –Administration Roles •Administrator Appointed by BOS Interprets ordinance Investigates violations Ensures compliance Determines vested rights Administrative review of Site Plans •Planning Commission Appointed by BOS Makes recommendations to BOS for: •Comprehensive Plans •Zoning text and map amendments •SUPs and Variances, when requested •Board of Zoning Appeals Appointed by Circuit Court Hears: •Variances •Appeals •SUPs •Interprets district boundaries if appeal or conflict of ZA’s determination9 Article 2 –Administration Revisions to Note •Section 2-1-1. Appointment; Powers; and Duties (ZA) •Expands and clarifies the powers and duties of the Zoning Administrator to include all permitted duties from the Code of Virginia. •Section 2-3-3. Meetings and Procedures. (BZA) •This is a new section, added to establish meeting and procedural requirements for the BZA in compliance with the Code of Virginia. •Section 2-4-4. Remedies and Penalties for Violation. •This is a new provision that introduces civil penalties as a first line of defense for Ordinance violations. •Criminal penalties can be pursued as permitted by Code of Virginia. 10 Article 2 –Administration Revisions to Note •Section 2-5-1. Fees and Charges. •Draft removes the existing administrative fee structure from the Zoning Ordinance. Recommend adoption of a separate ordinance stating all County fees, including those associated with zoning. •Section 2-6-1. Delinquent Taxes and Charges. •This is a new section incorporating an optional Code provision that allows the County to require a property owner to provide satisfactory evidence that any delinquent charges or fees have been paid in full. 11 Article 3 – Permits and Applications •Zoning Text & Map Amendments •(Standards and procedures, review) •Conditional Zoning and Proffers •(Standards and procedures, amendments, period valid) •Special Use Permits •(Applicability, standards and procedures, review, revocations) •Variances •(Standards and procedures) Article Content: 12 Article 3 – Permits and Applications continued •Site Development Plans •(Applicability, specifications, contents, standards and improvements, review) •Zoning Permits •(Applicability, standards and procedures) •Certificates of Occupancy •Written Determinations •Appeals •Public Hearings and Notifications •Advertisements and mailings, notice on property, developer responsibility 13 Article 3 –Permits & Applications Drafting Based on Code of Virginia requirements –Updated references to Code sections –Updated timeframes as written in Code General Organization and Best Practices –Moved items for readability and streamlining of content –Administrative review of Site Development Plans –Additional standards for Site Development Plans 14 Article 3 –Permits & Apps Revisions to Note •Section 3-1-5. Oath Required. •New section of the Ordinance added as a best practice for permit applications. •Section 3-2-2. Standards and Procedures •Gives 12 months to decide a proposed zoning amendment based on Code of Virginia •Removes requirement for a Site Development Plan submittal for a Zoning Permit, replacing it with a Concept Plan •Administrator given authority to require a Site Development Plan for projects deemed complex •Draft proposes to require a certified plat for submittal as opposed to allowing freehand sketch 15 Article 3 –Permits & Apps Revisions to Note •Section 3-3-3. Amendments and Variations Prior to Final Decision. •New section introduced to include language related to acceptance of amended proffers •Reconsiderations (Sections 3-3-6, 3-4-6, 3-5-4). •New sections introduced as a best practice to provide procedures for denied or withdrawn applications. •If denied, can’t apply again for 12 months. If withdrawn, can’t apply again for 6 months. •Section 3-5-3. Effect of Decision; Period of Validity •New section introduced to establish validity and expiration for issued variances. 16 Article 3 –Permits & Apps Revisions to Note •Site Development Plans (Division 6) •Removing the requirement for submittal of a Site Development Plan at the application stage and instead require Concept Plans to streamline review and make the process more business friendly. •Allowing administrative review and approval for Site Development Plans. •Strengthening requirements for Site Development Plans to provide the County with more accurate and detailed information for application reviews. •Updating review timelines and period of validity for compliance with the Code of Virginia. 17 Article 3 –Permits & Apps Revisions to Note •Zoning Permits (Division 7) •New Division/text to provide standards and procedures for zoning permit applications. •Written Determinations (Division 9) •New Division to provide procedures and general standards for written determinations of the Administrator, in accordance with the Code of Virginia. •Section 3-10-2. Appeals to Board of Zoning Appeals Procedure. •New text proposed to clarify mailing procedure, as well as to reference the pertinent Code of Virginia section. •Addresses procedures in the event of a tie vote among the BZA •Updates timeframes to reflect Code of Virginia (60 days to 90 days) 18 Article 3 –Permits & Apps Revisions to Note •Section 3-10-4. Construction in Violation of Ordinance without Appeal to BZA. •New section to address construction in violation of the Ordinance •Public Hearings and Notifications (Division 11) •Allows PC & BOS to hold a joint public hearing after proper notice •Prevents land from being zoned to a more intensive use than what was advertised without an additional public hearing and proper notice •Introduces best practices to satisfy the requirement of a descriptive summary 19 Article 9 – Nonconformities •General •Nonconformities •(Uses, lots, structures, repairs / maintenance) Article Content: 20 Article 9 –Nonconformities Definition Legally nonconforming lots, structures, and uses are those which were legally established according to applicable zoning laws at the time that the structure, lot, or use began, but which do not meet current zoning regulations. •Examples of more-restrictive regulations that create nonconformities: Increase minimum lot area Increase minimum lot frontage Decrease maximum height Change district uses 21 Article 9 –Nonconformities Drafting Based on Code of Virginia requirements –Updated references to Code sections –Includes language for repairs as written in Code General Organization and Best Practices –Reorganized items for readability and streamlining of content 22 Article 9 –Nonconformities Revisions to Note •Section 9-1-1. Intent. •Introduction of language to clearly explain the intent of the Article •Section 9-2-3. Nonconforming Structures, Buildings, and Improvements. •New content to add more clear regulations for nonconforming structures. •Section 9-2-4. Repairs and Maintenance. •Includes additional details for repairs and maintenance of nonconforming structures, and when repairs/maintenance are appropriate •Addresses repairs and maintenance of manufactured housing, in compliance with the Code of Virginia 23 Next Steps Joint Kickoff Work Session Public Survey Public Workshop Stakeholder Listening Sessions Draft Ordinance Worksessions Next Worksession: February 9, 2022 Public Open House and Review –December 2023 Pre-Adoption Worksessions –February 2024 Final Revisions Public Hearings & Adoption –Spring 2024     •District Standards (Article 4) •Overlay & Special Districts (Article 5) 24