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)
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