12-20-2022 Joint Meeting with PC and BZA Agenda Packet
CALL TO ORDER (3:00 PM)
ROLL CALL
AGENDA ITEMS TO BE ADDED
APPROVAL OF AGENDA
PRESENTATIONS
a. Zoning Ordinance Update Presentation (Staff Contact: Emily S. Ragsdale);
(Presenter: The Berkley Group)
ADJOURNMENT
1.
2.
3.
4.
5.
6.
BOARD OF SUPERVISORS
JOINT MEETING WITH BZA AND PLANNING COMMISSION
Tuesday, December 20, 2022 –3:00 PM
Board Meeting Room
39 Bank Street, SE
Chatham, Virginia 24531
AGENDA
Board of Supervisors
EXECUTIVE SUMMARY
ACTION ITEM
Agenda Title: Zoning Ordinance Update Presentation (Staff Contact: Emily S.
Ragsdale); (Presenter: The Berkley Group)
Staff Contact(s): Emily S. Ragsdale
Agenda Date: December 20, 2022 Item Number: 5.a
Attachment(s):
Joint Meeting Presentation
Worksession #2 Memo
Attachment A - Project Schedule and Progress
Attachment B - Article 1 In General
Attachment C - Article 2 Administration
Attachment D - Article 3 Permits and Applications
Attachment E - Article 9 Nonconforming Uses, Lots, Structures
Attachment F - Pertinent Definitions
Attachment G - Development Guide
Attachment H - Nonconforming Guide
Reviewed By:
Berkley Group representatives will review the attached items with the Board of Zoning Appeals,
Planning Commission, and Board of Supervisors regarding the ongoing mass County Zoning
Ordinance revision.
5.a
Packet Pg. 2
Pittsylvania County
Zoning Ordinance
Update
Joint Worksession #2
December 20, 2022
1
5.a.a
Packet Pg. 3 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
Agenda
•Project Progress
•Article Review
•Article 1 –In General
•Article 2 -Administration
•Article 3 –Permits and Applications
•Article 9 –Nonconformities
•Next Steps
2
5.a.a
Packet Pg. 4 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 5 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 6 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 7 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 8 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 9 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 10 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 11 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 12 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 13 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 14 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 15 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 16 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 17 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 18 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 19 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 20 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 21 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
Article 9 –
Nonconformities
•General
•Nonconformities
•(Uses, lots, structures, repairs / maintenance)
Article Content:
20
5.a.a
Packet Pg. 22 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 23 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 24 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 25 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
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
5.a.a
Packet Pg. 26 Attachment: Joint Meeting Presentation (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
Worksession #2 Memo
December 20, 2022
Worksession #2 Memo | Page 1 of 4
Project Overview
Pittsylvania County has enlisted the support of the Berkley Group to update, modernize, and restructure the Zoning
Ordinance. The revised Zoning Ordinance will:
- Provide streamlined and user-friendly regulations;
- Incorporate best planning practices and current Code of Virginia requirements;
- Address the goals and strategies identified in the Comprehensive Plan; and
- Consider citizen needs and issues identified through the public engagement process.
This process will be guided by County staff, the Planning Commission, and the Board of Supervisors and includes
opportunities for input from stakeholders and County residents.
Agenda
The December 20th meeting will focus on reviewing the proposed articles:
• Article I, In General
• Article II, Administration
• Article III, Permits and Applications
• Article IX, Nonconforming Uses, Lots, and
Structures
The following agenda is provided as an outline for discussion:
1. Schedule & Progress to Date – 5 minutes
2. Proposed Article Review – 50-60 minutes
a. Article I – 5 minutes
b. Article II – 15 minutes
c. Article III – 20 minutes
d. Article IX – 10 minutes
3. Next Steps – 5 minutes
Schedule & Progress to Date
See Attachment A for the project schedule. Progress to date includes:
• Staff Kickoff – Held on June 8, 2022. The Berkley Group conducted a kickoff meeting with Pittsylvania
County staff to review the scope of work and deliverable items.
• Joint Kickoff – Held on July 19, 2022. During this meeting, the Berkley Group presented the scope of work
and schedule for the Zoning Ordinance update process.
• Public Engagement – Public engagement offered opportunities to collect community feedback on priorities
for the ordinance update. An online public survey was conducted from August 1-31. A public workshop and
stakeholder interviews were held on August 18th.
5.a.b
Packet Pg. 27 Attachment: Worksession #2 Memo (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
Worksession #2 Memo
December 20, 2022
Worksession #2 Memo | Page 2 of 4
• Worksession #1 – The first worksession between the Board of Supervisors, Planning Commission, and Board
of Zoning Appeals was held on October 18, 2022. The results of the public engagement phase, the results
of the Zoning Diagnostic Report, and the proposed Ordinance structure were discussed during this
worksession.
Proposed Article Review
See Attachments B, C, D, E, and F for the proposed articles for review. During review, consider the editor’s footnotes
to aid in review. The provided footnotes explain inclusions, omissions, modifications, etc.
Attachment B: Article I – In General
This Article contains divisions pertaining to the general purpose, applicability, and interpretation of the Ordinance.
Additional divisions include language that requires conformity with the Ordinance, previously approved
applications, and vested rights. This Article is largely built based on the requirements of the Code of Virginia;
references to the applicable Code sections are included.
Attachment C: Article II – Administration
This Article covers the administration of the Ordinance. The powers and duties of the Zoning Administrator, Board
of Zoning Appeals (BZA), and Planning Commission (PC) are discussed. Enforcement and penalties are addressed in
this Article, along with taxes and expenses paid. References to the pertinent sections of the Code of Virginia are
included throughout the Article, for informational purposes and to streamline the Article text.
Changes to note are outlined below:
• Overall, text has been significantly streamlined, edited, and reorganized to achieve the goal of a user-
friendly Ordinance that is both understandable to the public and easily enforceable by the County.
• Addition of text introducing civil penalties as a first line of defense for zoning violations and allowing the
County to pursue misdemeanor charges as a last resort. This is a general best practice, permissible by the
Code of Virginia.
• Removal of zoning-related fees. As a best practice, a change is proposed to adopt fees as a separate
Ordinance outside of the Zoning Ordinance.
• Addition of text addressing ex parte communications and conflicts of interest, to align with the Code of
Virginia.
• Additional clarity regarding the authority of the County to administer and enforce the Ordinance.
• Additional information to address required contents of a notice of violation and appeals of such notices.
• Incorporation of an optional Code of Virginia provision that allows the County to require a property owner
to provide satisfactory evidence that any delinquent charges or taxes have been paid in full prior to
submittal of an application.
5.a.b
Packet Pg. 28 Attachment: Worksession #2 Memo (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
Worksession #2 Memo
December 20, 2022
Worksession #2 Memo | Page 3 of 4
Attachment D: Article III – Permits and Applications
This Article outlines the following application requirements and processes:
• Zoning Text and Map Amendments
• Conditional Zoning and Proffers
• Special Use Permits
• Variances
• Site Development Plans
• Zoning Permits
• Certificates of Occupancy
• Written Determinations
• Appeals
• Public Hearings and Notifications
Much of the content is based on requirements and timeframes set out in the Code of Virginia. Important policy
changes/considerations of note include:
• Concept Plans:
o Strengthening of requirements for Concept Plans - including the requirement of a certified plat as
opposed to a freehand sketch – to provide the County with more accurate and detailed information
for application reviews.
o Addition of text permitting the Administrator to require a full site development plan instead of a
concept plan, if the project is deemed complex and requiring additional detail for permit review.
• Site Development Plans:
o Removing the requirement for submittal of a Site Development Plan at the application stage and
substituting with a Concept Plan to streamline review and make the process more business friendly,
which is both a best practice and a desire reflected in the community engagement phase.
o Allowing administrative review and approval for Site Development Plans. This is because the
Concept Plan is submitted with applications, and the Zoning Administrator can approve the Site
Development Plan based on the Board approved Concept Plan.
o Strengthening requirements for Site Development Plans to provide the County with more accurate
and detailed information for application reviews.
o Updating review timelines and period of validity for compliance with the Code of Virginia.
• Zoning Permits – New Division to outline the processes for obtaining a Zoning Permit:
o Addition of standards and procedures related to applications for Zoning Permits. This provides
process clarity, and is helpful in ensuring that other applicable regulations, such as those included
in the Pittsylvania County Code, Chapter 4 - Buildings, are met as necessary in Zoning Permit
applications.
• Written Determinations:
o This Division proposes all new text to comply with the Code of Virginia. The existing ordinance
mentions various determinations but does not provide procedures or general standards for a
written determination from the Zoning Administrator.
• Appeals:
o Text has been streamlined; this Division is proposed to focus solely on appeals, including their
processes and procedures.
5.a.b
Packet Pg. 29 Attachment: Worksession #2 Memo (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
Worksession #2 Memo
December 20, 2022
Worksession #2 Memo | Page 4 of 4
• Public Hearings and Notifications:
o New Division added to ensure compliance with the Code of Virginia requirements for public
hearings and notices.
Note: See Attachment G, Development Review Guide, Site Plan and Concept Plan, for a general overview on these
types of plans.
Attachment E: Article IX – Nonconforming Uses, Lots, and Structures
This Article is dictated by the Code of Virginia and addresses those instances where a legal existing lot, use, or
structure does not meet the new standards outlined in the Ordinance. Some of this Article’s content is carried over
from the existing Ordinance, with reorganized and streamlined content. However, much of this Article is new
content based on the need for greater compliance with the Code of Virginia and more clear regulations for
nonconforming uses, lots, and structures.
Note: See Attachment H, Guide to Nonconformities for general information on nonconformities.
Attachment F: Pertinent Definitions
Attachment F contains definitions that are pertinent to the Articles being reviewed during the worksession.
Finalized definitions will be consolidated into Article X, Definitions, upon the conclusion of the drafting process.
Next Steps
The Berkley Group will review any recommendations and comments for incorporation and continue drafting
ordinance articles. Topics to be discussed at the next meeting include:
• Article IV – Primary Zoning Districts
• Article V – Overlay and Special Districts
• Pertinent Definitions
5.a.b
Packet Pg. 30 Attachment: Worksession #2 Memo (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
Attachment A: Project Schedule and Progress
Project Schedule and Progress | Page 1 of 1
The project schedule below indicates major tasks and the target month of completion.
5.a.c
Packet Pg. 31 Attachment: Attachment A - Project Schedule and Progress (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
December 20, 2022
Draft Article 1 – In General
Draft Article I – In General | 1 of 8
ARTICLE I. – In General.
Division 1. Enactment and Authority.
Section 1-1-1. Title.
This Chapter, the full title of which is “The Zoning Ordinance of Pittsylvania County, Virginia,” shall be
permitted, for convenience, to be referred to as the “Zoning Ordinance” or “Ordinance.”
Section 1-1-2. Authority.
Pursuant to the Code of Virginia, § 15.2-2280 et seq., as amended, Pittsylvania County, Virginia, is given
the authority to classify and regulate land development under its jurisdiction.
Section 1-1-3. Purpose.1
(A) The Zoning Ordinance of Pittsylvania County, Virginia, is intended to promote the health, safety,
and general welfare of the public; to implement the adopted Pittsylvania County Comprehensive
Plan for the orderly and controlled development of the County; to implement good zoning
practice and the aesthetic values and priorities of the local citizenry; and to further accomplish
the objectives of § 15.2-2200, as amended, of the Code of Virginia. To these ends, the Ordinance
shall be designed to give reasonable consideration to each of the following purposes:
(1) Provide for adequate light, air, convenience of access and safety from fire, flood, impounding
structure failure, crime, and other dangers;
(2) Reduce or prevent congestion in the public streets;
(3) Facilitate the creation of a convenient, attractive, and harmonious community;
(4) Facilitate the provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks, forests,
playgrounds, recreational facilities, airports, and other public requirements;
(5) Protect against destruction of or encroachment upon historic areas and working waterfront
development areas;
(6) Protect against one or more of the following: overcrowding of land, undue density of
population in relation to the community facilities existing or available, obstruction of light
and air, danger and congestion in travel and transportation, or loss of life, health or property
from fire, flood, impounding structure failure, panic or other dangers;
(7) Encourage economic development activities that provide desirable employment and enlarge
the tax base;
1 Editor’s Note: This section is proposed to replace Section 35-3. Purpose expanded to include all items supplied in
the Code of Virginia for the purpose of Zoning Ordinances.
5.a.d
Packet Pg. 32 Attachment: Attachment B - Article 1 In General (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
December 20, 2022
Draft Article 1 – In General
Draft Article I – In General | 2 of 8
(8) Provide for the preservation of agricultural and forestal lands and other lands of significance
for the protection of the natural environment;
(9) Protect the approach slopes and other safety areas of licensed airports, including United
States government and military air facilities;
(10) Promote the creation and preservation of affordable housing suitable for meeting the current
and future needs of the County as well as reasonable proportion of the current and future
needs of the planning district within which the County is located;
(11) Provide reasonable protection against encroachment upon military bases, military
instillations, and military airports and their adjacent safety areas, excluding armories
operated by the Virginia National Guard;
(12) Provide reasonable modifications in accordance with the Americans with Disabilities Act of
1990 or state and federal fair housing laws, as applicable; and,
(13) Protect surface water and ground water as defined in the Code of Virginia § 62.1-255, as
amended.
(B) It is not the intent of this Ordinance to exclude any economic, racial, religious, or ethnic group
from enjoyment of residence, land ownership, or tenants within Pittsylvania County, nor is it the
intent of this Ordinance to use public powers in any way to promote the separation within
Pittsylvania County of economic, racial, religious, or ethnic groups, except as may be the
incidental result of meeting the purposes outlined in (A) above.2
Section 1-1-4. Applicability.3
(A) Pursuant to the Code of Virginia, § 15.2-2281, as amended, the provisions of this Ordinance shall
apply to all property within the entire unincorporated territory of Pittsylvania County, Virginia,
including all land, structures, water areas, and waterways or watercourses, with the exception
that any property held in fee simple ownership and used by the United States of America, the
Commonwealth of Virginia, or the government of Pittsylvania County shall not be subject to the
provisions contained herein. Upon transfer of ownership or control of any portion of government
lands to private interests, the regulations of the district in which the land is located shall
automatically apply.
(B) Pursuant to the Code of Virginia, § 15.2-2284, as amended, the zoning regulations and districts
as herein set forth have been drawn with reasonable consideration for the existing use and
character of property, the Comprehensive Plan, the suitability of properties for various uses, the
trends of growth or change, the current and future requirements of the community as to land for
various purposes as determined by population and economic studies and other studies, the
transportation requirements of the community, and the requirements for airports, housing,
schools, parks, playgrounds, recreation areas, and other public services; and the conservation of
natural resources, the preservation of flood plains, the protection of life and property from
2 Editor’s Note: Section 35-3.1 of the existing Ordinance has been proposed for integration into this section.
3 Editor’s Note: Proposed as a new section to replace Sections 35-45 and 35-46.
5.a.d
Packet Pg. 33 Attachment: Attachment B - Article 1 In General (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
December 20, 2022
Draft Article 1 – In General
Draft Article I – In General | 3 of 8
impounding structure failures, the preservation of agriculture and forestal land, the conservation
of properties and their values, and the encouragement of the most appropriate use of land
throughout the County.4
Section 1-1-5. Conformity with Ordinance Required.5
(A) Except as otherwise provided in this Ordinance or as modified through a zoning approval, all land,
buildings, structures, and/or premises within the County shall only be used, occupied, erected,
constructed, removed, enlarged, and/or altered in conformance with this Ordinance’s
regulations.
(B) All the departments, officials, and public employees of this jurisdiction that are vested with the
duty of authority to issue permits or licenses shall conform to the provisions of this Ordinance.
They shall issue permits for uses, buildings, or purposes only when they are in compliance with
the provisions of this Ordinance.
Section 1-1-6. Severability.6
Should the courts decide that any Section or provision of this Ordinance is unconstitutional or invalid,
such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than
the part held to be unconstitutional or invalid.
Division 2. Ordinance Conflicts and Interpretation.
Section 1-2-1. Interpretation.7
(A) The Zoning Administrator shall interpret this Ordinance based upon the following criteria:
(1) Provisions shall be held to be the minimum requirements for the promotion of the public
safety, health, convenience, comfort, prosperity, or general welfare;
(2) Unless otherwise specified, the standards of this Ordinance are the minimum required;
(3) Whenever provisions within this Ordinance conflict with each other, or any local, state, or
federal statute, or regulation with respect to requirements or standards, the most severe or
stringent requirement or standard shall prevail;
(4) It is not the intent of this Ordinance to interfere with or repeal or annul any easements,
covenants or other agreements between parties; however, pursuant to the Code of Virginia
§ 15.2-2315, as amended, where this Ordinance conflicts with any other lawfully adopted
statute, regulation, or ordinance, the most restrictive, or the higher standard, shall control to
the extent necessary to resolve the conflict;
4 Editor’s Note: Section 1-1-4(B) text is carried over from Section 35-4 of the existing Ordinance; however, the text
has been slightly edited for clarity and to align more fully with Code of Virginia § 15.2-2284.
5 Editor’s Note: Proposed as a new section.
6 Editor’s Note: Text has been carried over from Section 35-24 of the existing Ordinance.
7 Editor’s Note: Section 1-2-1 integrates text from existing Sections 35-25, 35-27, and 35-689. This text has been edited
and expanded upon for clarity, for consolidation, and to align more fully with the Code of Virginia.
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(5) A building, structure, or use which was not legally existing on _________ (effective date of
revised ordinance) shall not be made lawful solely by adoption of this Ordinance;
(6) In case of any dispute over the meaning of a word, phrase, or sentence, whether defined
herein or not, the Zoning Administrator is hereby authorized to make a definitive
determination thereof; and
(7) Any condition imposed or proffer accepted as part of a zoning proposal in accordance with
Code of Virginia § 15.2-2261.1 et seq. prior to _______ (effective date of revised Ordinance)
shall be continued in effect and shall be construed to be a "local regulation.” However, as
stated in Code of Virginia § 15.2-2261.1, as amended, if there is a conflict between conditions
imposed through those land use decisions and the regulations of this Ordinance, the
conditions shall apply. If there is no condition that addresses a specific use or development
standard of this Ordinance, the requirements of this Ordinance shall govern.
Section 1-2-2. Figures and References in Ordinance.8
(A) Where figures are contained in this Ordinance, they are provided for demonstrative purposes
only and are not a substantive part of this Ordinance.
(B) If any section of this Ordinance incorporates by reference any state statute or regulation, then
the Ordinance incorporates future amendments of the state statute or regulation.
Division 3. Zoning Districts Map.
Section 1-3-1. Establishment, Maintenance, and Amendment.9
(A) The unincorporated areas of Pittsylvania County, Virginia, are hereby divided into zoning districts,
as shown on the official “Zoning Map of Pittsylvania County, Virginia.” The Zoning Map of
Pittsylvania County, Virginia shall be, for convenience, referred to as the “Zoning Map.”
(B) A certified copy of the Zoning Ordinance and its Zoning Map shall be filed in the office of the Clerk
of Circuit Court of Pittsylvania County, Virginia.
(C) The Zoning Map shall be available for examination and inspection by the public at all reasonable
times.
(D) The Administrator shall keep and maintain the zoning index as part of the Zoning Map.
(E) The original Zoning Map shall be filed in the office of the Zoning Administrator and such original
shall be updated from time to time as the result of the following Board of Supervisors action:
(1) Amendments to the Ordinance;
(2) Approval of a Rezoning (see Article III, Section 2); or
8 Editor’s Note: Proposed as a new section.
9 Editor’s Note: Proposed as a new section; some text from Sections 35-810 and 35-8 of the existing Ordinance has
been included.
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(3) Approval of Conditional Zoning (see Article III, Section 3).
(F) If the official Zoning Map is destroyed, lost, or damaged beyond the point of reasonable
readability and interpretation, the Board of Supervisors may, by resolution, adopt a new official
Zoning Map that shall supersede the prior official Zoning Map. No such correction shall have the
effect of amending the original official Zoning Map or any subsequent amendment thereof
without a public hearing in accordance with Code of Virginia § 15.2-2204, as amended.
Section 1-3-2. Incorporated by Reference.10
The Zoning Map, as amended, together with all explanatory matter thereon, is hereby adopted by
reference and declared to be a part of this Ordinance.
Section 1-3-3. Interpretation of Zoning District Boundaries.11
(A) The Zoning Map associated with this text and showing the division of the territory into districts
shall be interpreted with the following rules when uncertainty exists with respect to the
boundaries of any of the districts:
(1) Where district boundaries are fixed by dimensions or otherwise shown or described, there
shall be no uncertainty.
(2) Zoning district boundaries shall not divide a parcel of land. Each parcel of land in the County
shall have only one district zoning classification as depicted on the Official County Zoning
Map.
(i) Where a district boundary line as appearing on the official Zoning Map divides a lot, which
is in single ownership at the time of this enactment, the use classification of the larger
portion may, on rezoning application, be extended to the remainder by the Board of
Supervisors.
(3) Where district boundaries are indicated as approximately following or at right angles to the
centerlines of streets, highways, alleys or railroad tracks, or rights-of-way of the same, such
centerline, or lines at right angles to such centerlines, shall be construed to be such
boundaries.
(4) Where a district boundary is indicated to follow a river, stream, creek, or branch or other
body of water, said boundary shall be construed to follow the centerline at low water or at
the limit of the jurisdiction, and in the event of change in shoreline, such boundary shall be
construed as moving with the actual shoreline.
(5) Where a public road, street, or alley is officially vacated or abandoned, the adjacent zoning
district shall apply to such vacated or abandoned road, street, or alley. In the case of more
than one adjacent district, the Board of Zoning Appeals shall determine the appropriate
zoning district.
10 Editor’s Note: Section 1-3-2 text is carried over from Section 35-6 of the existing Ordinance.
11 Editor’s Note: This section is proposed to replace Section 35-47 of the existing Ordinance. The content is materially
the same, but reworded and reorganized for readability.
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(6) If distances or other dimensions are not specifically indicated on the Zoning Map, they will
be determined by the scale of the map.
(7) If the specific location of a boundary cannot be determined from notations on the Zoning
Map or application of the above standards, it will be determined by using the map scale to
determine the boundary's distance from other features shown on the map.
(8) In any case in which there is uncertainty, contradiction, or conflict as to the location of any
zoning district boundary – due to scale, illegibility, lack of detail, physical or natural features
vary from those on the Zoning Map, or any other circumstances not covered by this section
– the Zoning Administrator will have the authority to interpret the district boundaries in
accordance with Section 2-1-1 of this Ordinance.12
(9) The Zoning Administrator’s interpretations may be appealed to the BZA in accordance with
Article III, Division 10 of this Ordinance. The BZA will not have the power to change
substantially the locations of district boundaries.
Section 1-3-4. Unauthorized Changes.13
No changes of any nature shall be made on said Zoning Map or any matter shown thereon except in
conformity with the procedures and requirements of this Ordinance. It shall be unlawful for any person
to make unauthorized changes on the official Zoning Map.
Division 4. Transition of Regulations After Adoption.
Section 1-4-1. Effective Date of Ordinance.14
This Ordinance was adopted on ____ (date of adoption of revised ordinance). This Ordinance shall
become effective on ___ (effective date of revised ordinance) and repeals and replaces any prior Zoning
Ordinance adopted in Pittsylvania County. Its provisions shall be in force until repealed or amended.
Section 1-4-2. Violations Continue.
Any development or activity in violation of the previous Zoning Ordinance will continue to be a violation
under this Ordinance unless the development or activity complies with the express terms of this
Ordinance.
Section 1-4-3. Nonconformities.
If any use, structure, lot, sign, or site feature legally existed immediately prior to ____ (effective date
of revised ordinance) but does not fully comply with the standards of this Ordinance or any amendment
12 Editor’s Note: The existing Ordinance gives the BZA the authority to interpret zoning district boundaries. This is a
common, but outdated, practice; recommend interpretation of zoning district boundaries as an administrative
procedure with option to appeal to the BZA.
13 Editor’s Note: New section proposed to simplify the Section 35-6 of the existing Ordinance and separate unrelated
regulations.
14 Editor’s Note: Proposed as a new section.
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thereto, the use, structure, lot, sign, or site feature is considered nonconforming under this Ordinance
and must comply with the requirements in Article IX, Nonconforming Uses, Lots, and Structures.
Section 1-4-4. Complete Applications.
(A) This Section pertains to applications for the following:
(1) Zoning Text and Map Amendments (rezoning);
(2) Proffers for Zoning Map Amendments (Conditional Zoning);
(3) Special Use Permits;
(4) Variances; and
(5) Subdivision Plats.
(B) Applications and/or plats deemed by the Administrator to be complete prior to ____ (effective
date of revised ordinance), but still pending final action as of that date, will be processed in
accordance with the regulations in effect when the submittal was accepted.
(C) An applicant with a pending application and/or plat accepted prior to ____ (effective date of
revised ordinance), may opt to have the proposed development reviewed and decided under the
standards of this Ordinance by withdrawing the pending submittal and submitting a new
application and/or plat in accordance with the procedures and standards of this Ordinance.
(D) Applications and/or plats accepted as complete prior to ____ (effective date of revised
ordinance), will be processed in accordance with any time frames for review, approval, and
completion established in the regulations in effect at the time the submittal was accepted as
complete.15
(E) To the extent such a complete application and/or plat is approved and proposes development
that does not comply with this Ordinance, the subsequent development, although permitted, will
be nonconforming and subject to the requirements of Article IX, Nonconforming Uses, Lots, and
Structures.16
Section 1-4-5. Other Approved Permits and Development Approvals.17
(A) This Section pertains to applications for the following:
15 Editor’s Note: Text has been incorporated from Section 35-49 of the existing Ordinance but has been modified for
clarity.
16 Editor’s Note: Section 35-49 of the existing Ordinance states that if construction does not commence within thirty
(30) days after the effective date of the Ordinance, or if construction discontinues for a period of six (6) months or
longer, further construction shall be in conformity with the provisions of the Ordinance for the district in which the
construction is located. However, Code of Virginia § 15.2-2261 states that an approved final subdivision plat shall be
valid for up to five years from the date of approval. It is also important to note that zoning permits should have
construction deadlines in the conditions, and building permits have their own requirements for construction and
timeframes.
17 Editor’s Note: Proposed as a new section.
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(1) Site Development Plans;
(2) Zoning Permits; and
(3) All other permit and development approvals not provided for in Section 1-4-4, above.
(B) Any other permits or development approvals granted prior to ____ (effective date of revised
ordinance), will remain valid until their expiration date.
(C) Developments with valid permits or development approvals granted prior to ____ (effective date
of revised ordinance), may be carried out in accordance with the terms and conditions of their
approval and the development standards in effect at the time of approval, provided the permit
or development approval is valid and has not expired.
(1) If the prior approval expires or is revoked, any subsequent development or use of the site will
be subject to the procedures and standards of this Ordinance.
(D) To the extent a prior-approved permit or development approval that does not comply with this
Ordinance, the subsequent development or use, although permitted, will be nonconforming and
subject to the requirements of Article IX, Nonconforming Uses, Lots, and Structures, of this
Ordinance.
Section 1-4-6. Vested Rights.18
(A) The provisions of this Ordinance shall not impair a vested right of a property owner. The
Administrator shall be authorized to make determinations on whether a property owner’s right
is deemed vested in a land use. Vested rights determinations shall be made in accordance with
the Code of Virginia § 15.2-2307, as amended.
(B) Nothing contained herein shall require any change in the plans or construction of any building or
structure for which a building permit was granted prior to ____ (effective date of revised
ordinance).
18 Editor’s Note: Proposed as a new section. The current Ordinance does not address vested rights, but this is required
for inclusion per the Code of Virginia.
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ARTICLE II – Administration.
Division 1. Zoning Administrator.
Section 2-1-1. Appointment; Powers; and Duties.1
(A) The Pittsylvania County Administrator shall have the authority to designate an individual to serve
as Zoning Administrator (Administrator). Said Administrator shall have all authority empowered
by this Ordinance in the administration and enforcement of all articles of this Ordinance. The
Administrator shall exercise their authority at the pleasure of the Pittsylvania County
Administrator.
(B) The Administrator may designate a Deputy Administrator or other designee to assist in these
duties.
(C) The Administrator may also hold another office in the County.
(D) The Administrator may act as Staff to the Pittsylvania County Planning Commission and the
Pittsylvania County Board of Zoning Appeals.
(E) The Administrator shall have such duties as are conferred by this Ordinance and the Code of
Virginia § 15.2-2286 (4) and § 15.2-2299, as amended, including:
(1) Administer and enforce this Ordinance;
(2) Administer and enforce conditions attached to a rezoning or amendment to the Zoning Map;
(3) Remedy any violation of this Ordinance, as outlined in Division 4 of this Article;
(4) Interpret zoning district boundaries;
(5) Where appropriate, issue zoning permits and certificates;
(6) Make necessary inspections;
(7) Maintain the Zoning Map;
(8) Review and approve Site Development Plans, as outlined in Article III, Permits and
Applications;
(9) Make determinations on whether a property owner’s right is deemed vested in a land use, as
outlined in Article I, In General;
(10) When necessary for Irregular Lots, determine the boundary line(s) from which the setback(s)
shall be measured; and
(11) When necessary, call for opinions or decisions, either verbal or written, from other
departments, boards, authorities, or state agencies.
1 This section replaces Sections 35-685 and 35-686 of the existing Ordinance to provide a clear, streamlined list of
powers and duties, as well as to include reference to and language from the Code of Virginia.
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(12) In addition to the regulations contained herein, the Administrator may, from time to time,
establish any reasonable additional administrative procedures deemed necessary for the
proper administration and efficient permit processing of this Ordinance.
Division 2. Planning Commission.
Section 2-2-1. Appointment and Membership.2
The Planning Commission shall be created, organized, and removed pursuant to the Code of Virginia, §
15.2-2210 and § 15.2-2212, as amended and as outlined in Chapter 13 of the Pittsylvania County Code.
Section 2-2-2. Powers and Duties.3
(A) The Planning Commission shall perform the duties as provided in this Ordinance and pursuant to
the Code of Virginia, § 15.2-2221 and § 15.2-2230, et seq, § 15.2-2232, and § 15.2-2285, as
amended, including but not limited to the following:
(1) Serve in an advisory capacity to the Board of Supervisors and Board of Zoning Appeals in the
administration of this Ordinance;
(2) Review applications for amendments to the text of this Ordinance or to the Zoning Map and
make recommendations to the Board of Supervisors as necessary;
(3) Review applications for variances, rezonings, and Special Use Permits and make
recommendations to the Board of Zoning Appeals as necessary;
(4) Review and make comments and/or recommendations on special matters referred to the
Planning Commission by the Board of Supervisors or the Board of Zoning Appeals for the
purpose of carrying out the intent of this Ordinance;
(5) Review Site Development Plans submitted in accordance with Article III, Division 6 of this
Ordinance; and
(6) Review the general location, character, and extent of streets, street connections, park or
other public areas, public buildings or public structures, public utility facility or public service
corporation facility, except a railroad facility or an underground natural gas or underground
electric distribution facility of a public utility, for accordance with the adopted
Comprehensive Plan.
(i) Widening, narrowing, extension, enlargement, vacation, or change of use of streets or
public areas shall likewise be submitted for approval.
2 Editor’s Note: Chapter 13 of the County Code also supplies regulations for the Planning Commission. To prevent text
conflicts, the proposed text references the Code of Virginia and the County Code instead of enumerating these items.
3 Editor’s Note: This section includes text from Section 35-854 of the existing Ordinance, but reorganizes the content
and adds references to the Code of Virginia for compliance.
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(ii) Paving, repair, reconstruction, improvement, drainage or similar work and normal service
extensions of public utilities or public service corporations shall not require approval
unless involving a change in location or extent of a street or public area.
Section 2-2-3. Meetings and Procedures.
(A) The Planning Commission shall conduct meetings and public hearings pursuant to the Code of
Virginia §15.2-2214-2217, as amended.
(B) Pursuant to the Code of Virginia § 15.2-2287.1, as amended, members are required, prior to or
at a hearing on a matter, make a full public disclosure of any business or financial relationship
that such member has, or has had within the 12-month period prior to such hearing and shall be
ineligible to vote or participate in any way upon the matter.4
Division 3. Board of Zoning Appeals.
Section 2-3-1. Appointment5; Terms; Membership; Compensation; Removal6
(A) Pursuant to the Code of Virginia, § 15.2-2308, et seq., as amended, a Board of Zoning Appeals
(BZA) shall be created and organized as follows:
(1) A BZA consisting of seven members, who are residents of Pittsylvania County, shall be
appointed by the circuit court.7
(2) The term of office shall be for five years; except, that of the first five members appointed,
one shall serve for five years, one for four years, one for three years, one for two years and
one for one year. Appointments for vacancies occurring otherwise than by expiration of term
shall in all cases be for the unexpired term.
(3) The secretary of the BZA shall notify the court at least 30 days in advance of the expiration or
a term of office, or promptly if a vacancy occurs. A member whose term expires shall continue
to serve until the successor is appointed and qualifies.
(4) Members of the BZA may be reappointed to succeed themselves but may hold no other
public office in Pittsylvania County; except that one member may be a member of the
Planning Commission, any member may be appointed to serve as an officer of election as
defined in Code of Virginia § 24.2-101, as amended, and any elected official of an
incorporated town may serve on the board of the county in which the member also resides.
(5) Members of the BZA shall receive such compensation as may be authorized by the Board of
Supervisors, from time to time, by Ordinance or resolution.
4 Editor’s Note: This item is not currently provided in the County Code, but is required by the Code of Virginia.
5 Editor’s Note: Text for BZA appointment could incorporate Code of Virginia § 15.2-2308 by reference, rather than
expounding, if desired.
6 Editor’s Note: This section replaces Sections 35-845, 35-846, and 35-847 of the existing Ordinance, reorganizing and
modifying content for clarity. This section also includes reference to the Code of Virginia for compliance.
7 Editor’s Note: The membership of the BZA can be extended to include alternates that may stand in when regular
members will be absent. The County should consider if they desire adding this measure.
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(6) Any BZA member or alternate may be removed for malfeasance, misfeasance, or
nonfeasance in office, or for other just cause, by the court which appointed them, after a
hearing held after at least 15 days’ notice.
Section 2-3-2. Powers and Duties.8
(A) Pursuant to the Code of Virginia § 15.2-2309, as amended, the BZA shall have the following
powers and duties after required notice and hearing as provided in the Code of Virginia § 15.2-
2204, as amended:
(1) Appeals. To hear and decide appeals from any order, requirement, decision, or determination
made by an administrative officer in the administration or enforcement of this Ordinance as
outlined in Article III, Division 10 of this Ordinance.
(2) Special Use Permits. To hear and decide applications for Special Use Permits, as outlined in
Article III, Division 4 of this Ordinance.
(3) Variance. To authorize upon appeal or original application in specific cases such variance, as
defined in the Code of Virginia § 15.2-2201, as amended, from the terms of this Ordinance
when the strict application of the Ordinance would unreasonably restrict the utilization of
the property, and such need for a variance would not be shared generally by other properties,
and if the applicant proves through a preponderance of evidence that a literal enforcement
of the provision will result in unnecessary hardship; provided that the spirit of the Ordinance
shall be observed and substantial justice done. Standards and procedures for determining
variances are outlined in Article III, Division 5 of this Ordinance.
(4) Boundary Interpretations. To hear and decide applications for interpretation of the Zoning
Map where there is any uncertainty as to the location of a district boundary, only if:
(i) The Administrator is unable to interpret boundaries, as outlined in Article I, Division 3, of
this Ordinance; or
(ii) If an applicant appeals the Administrator’s interpretation.
(iii) After notice to the owners of the property affected by any such question, and after public
hearing with notice as required by Code of Virginia § 15.2-2204, as amended, the BZA
may interpret the map in such way as to carry out the intent and the purpose of this
Ordinance for the section or district in question.
(B) The provisions of this section shall not be construed as granting the BZA the power to rezone
property, substantially change the locations of district boundaries as established by this
Ordinance, or to base decisions on the merits of the purpose and intent of local ordinances duly
adopted by the Board of Supervisors.
8 Editor’s Note: This section replaces Section 35-849 of the existing Ordinance. It incorporates some of the existing
text, which has been modified and reorganized for clarity. This section also includes reference to the Code of Virginia
for compliance.
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(C) The BZA may, within the limits of funds appropriated by the Board of Supervisors, employ or
contract for such secretaries, clerks, legal counsel, consultants, and other technical and clerical
services as the BZA may deem necessary for transaction of its business. These services may also
be provided by County staff with concurrence of the Board of Supervisors.
Section 2-3-3. Meetings and Procedures.9
(A) The BZA shall adopt such rules and regulations as it may consider necessary.
(B) Meetings of the BZA shall be held at the call of its Chairperson or at such time as a quorum of the
BZA may determine.
(C) A quorum shall be at least four members. A favorable vote of four members of the BZA shall be
necessary to reverse any order, requirement, decision, or determination of any administrative
official or to decide in favor of the applicant on any matter on which the BZA is required to pass.
(D) The BZA shall choose annually its own chairperson and vice-chairperson. The vice-chairperson
shall act in the absence of the chairperson and may administer oaths and compel the attendance
of witnesses.
(E) The BZA shall keep minutes of its proceedings, showing the vote of each member upon each
question or, if absent or failing to vote, indicating such fact. It shall keep records of its
examinations and other official actions, all of which shall be immediately filed in the office of the
BZA and shall be public record.
(F) All meetings of the BZA shall be open to the public.
(G) A non-legal staff member of the County, applicant, landowner, or landowner’s agent/attorney
may have ex parte communications with a member of the BZA prior to a hearing but may not
discuss the facts or law relative to a particular case. However, all ex parte communications must
comply with the requirements of the Code of Virginia § 15.2-2308.1, as amended.
(H) Pursuant to the Code of Virginia § 15.2-2287.1, as amended, members are required, prior to or
at a hearing on a matter, to make a full public disclosure of any business or financial relationship
that such member has or has had within the 12-month period prior to such hearing and shall be
ineligible to vote or participate in any way upon the matter.
9 Editor’s Note: This is a new section, added to establish meeting and procedural requirements for the Board of Zoning
Appeals and comply with the Code of Virginia. Notable additions are (G) addressing ex parte communications and (H)
addressing conflicts of interest.
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Division 4. Enforcement.
Section 2-4-1. Authority.10
(A) As provided in Article I of this Ordinance, conformity with the Ordinance is required. Failure to
comply with the requirements of the Ordinance constitutes a violation thereof and is declared to
be unlawful.
(B) As authorized by the Code of Virginia § 15.2-2286(A)(4), as amended, the Administrator or
designee shall be responsible for enforcing the provisions of this Ordinance. The Administrator
may be assisted in the enforcement of this Ordinance by the local offices of the Virginia
Department of Health, Sheriff, and all other officials of Pittsylvania County pursuant to their
respective authorities and responsibilities.
(C) Any person who knowingly makes any false statements, representations, or certifications in any
record, report, or other document, either filed or requested pursuant to this Ordinance, or who
falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method
required or used by the Administrator under this Ordinance in monitoring discharges, shall be
guilty or liable of this Article.
Section 2-4-2. Complaints and Inspection.
(A) Whenever a violation of this Ordinance occurs, or is alleged to have occurred, any person may
file a written complaint with the Administrator. Such complaint shall state fully the cause and
basis thereof and the location of the alleged violation. The Administrator or designee shall record
properly such complaint, immediately investigate the facts thereof, and take action as provided
by this Ordinance.11
(B) The Administrator may enter upon or inspect any land or structure to ensure compliance with
the provisions of this Ordinance, after requesting and receiving approval of the landowner to
enter upon land for these purposes. If consent is not given by the landowner, the Administrator
may enter upon land in accordance with the Code of Virginia § 15-2.2286(A)16, as amended.
Section 2-4-3. Notice of Violation.12
(A) Upon becoming aware of any violation of any provisions of this Ordinance, the Administrator shall
serve notice of such violation on the person committing or permitting the same.
(B) Notice of violation shall be mailed by registered or certified mail or hand delivered.
(C) The notice of violation shall state:
10 Editor’s Note: This section replaces Section 35-811 of the existing Ordinance, providing additional information
regarding authority.
11 Editor’s Note: This item contains streamlined text from Section 35-876 of the existing Ordinance.
12 Editor’s Note: This section streamlines text from Section 35-874 of the existing Ordinance and adds additional
information to address required contents of the notice of violation and appeals of notice of violation, as permitted by
the Code of Virginia.
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(1) The nature of the violation;
(2) Date that the violation was observed;
(3) The remedy or remedies necessary to correct the violation;
(4) A reasonable time period for the correction of the violation;
(5) A statement informing the recipient that they may have a right to appeal the notice of zoning
violation or written order within 30 days in accordance with the Code of Virginia § 15.2-2311,
as amended;
(6) The applicable appeal fee and a reference to where additional information may be obtained
regarding the filing of an appeal; and
(7) That the decision shall be final and unappealable if not appealed within 30 days.
(D) Appeals of notice of violation shall be heard by the BZA in accordance with the procedures set
forth in Article III, Division 10 of this Ordinance.
Section 2-4-4. Remedies and Penalties for Violation.13
(A) Upon becoming aware of any violation and determining validity of any of the provisions of this
Ordinance, the Administrator or designee may initiate appropriate action or proceedings, as
permitted by law, including injunction, mandamus, abatement to restrain, correction, or
abatement.
The remedies provided in the penalties sections below are cumulative and not exclusive except
to the extent expressly provided therein.
(1) Criminal Penalties.
(i) Any violation of the requirements of this Ordinance resulting in injury to a person or
persons or where such civil penalties exceed $5,000, shall be a misdemeanor, and upon
conviction thereof, shall be punishable by a fine of not less than $10 and not more than
$1,000.
(ii) If the violation is uncorrected at the time of conviction, the court shall order the violator
to abate or remedy the violation in compliance with this Ordinance, within a time period
established by the court. Failure to remove or abate such violation within the time period
established by the court shall constitute a separate misdemeanor offense punishable by
a fine of not less than $10 nor more than $1,000, and any such failure during any
succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-
day period, punishable by a fine of not less than $100 nor more than $1,500.
13 Editor’s Note: The existing Ordinance only provides for criminal penalties (misdemeanors). This section now includes
full detail establishing civil penalties as a first line of defense for violations of the Ordinance, as well as updated text
to incorporate applicable sections of the Code of Virginia. All penalty amounts are from the Code of Virginia.
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(2) Civil Penalties. Any violation other than as provided in Section 2-4-4 (B) (1), above, for criminal
penalties, shall be subject to the following civil penalties, as provided in Virginia Code § 15.2-
2209, as amended, and subject to the following:
(i) Procedure. Proceedings seeking civil penalties for violations of this Ordinance shall
commence either by filing a civil summons in the general district court or by the
Administrator or Agent issuing a ticket.
(ii) Civil summons or ticket. A civil summons or ticket shall contain, at a minimum, the
following information:
(a) Name and address of the person charged;
(b) Nature of the violation and the Ordinance provisions being allegedly violated;
(c) Location, date, and time violation occurred or was observed;
(d) Amount of the civil penalty for the violation; and
(e) Right of the recipient to elect to either pay the penalty or stand trial for the violation
and the date of such trial. The summons shall state that if the person elects to pay
the penalty, the person must do so by making an appearance in person or in writing
by mail to the County Treasurer at least 72 hours prior to the time and date fixed for
trial and, by such appearance, enters a waiver of trial and admits liability for the
offence changed. The summons shall provide that a signature is an admission of
liability that shall have the same force and effect as a judgement of the court.
However, such admission shall not be deemed a criminal conviction for any purpose.
(iii) Failure to Enter Waiver. If a person charged with a violation does not elect to enter a
waiver of trial and admit liability, the violation shall be tried in the general district court
in the same manner and with the same right of appeal as provided by law or equity and
it shall be the County’s burden to provide the violator’s liability by a preponderance of
the evidence. A finding of liability shall not be deemed a criminal conviction for any
purpose.
(iv) Fines.
(a) Amount of Civil Penalty. A civil violation shall be subject to a civil penalty of $200 for
the initial summons, and a civil penalty of $500 for each additional summons arising
from the same set of operative facts.
(b) Daily Offense. Each day during which a violation exists shall constitute a separate
violation. However, in no event shall a violation arising from the same set of operative
facts be charged more frequently than once in any 10-day period.
(c) Maximum Aggregate Penalty. The total civil penalties from a series of violations
arising from the same set of operative facts shall not exceed $5,000. If the violations
exceed the $5,000 limit, the violation may be prosecuted as a criminal misdemeanor
as outlined above.
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December 20, 2022
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Division 5. Fees.
Section 2-5-1. Fees and Charges.14
(A) The Board of Supervisors shall establish, by ordinance, a schedule of fees, charges and expenses,
and collection procedures for zoning permits, special exceptions, variances, appeals,
amendments, site plan reviews, and other matters pertaining to this Ordinance.
(B) The schedule of fees shall be available for inspection in the office of the Administrator and may
be altered or amended by the Board of Supervisors by ordinance amendment, as directed in Code
of Virginia § 15.2-107, as amended.
Division 6. Taxes and Expenses Paid.
Section 2-6-1. Delinquent Taxes and Charges.15
(A) Pursuant to the Code of Virginia § 15.2-2286 (B), as amended, prior to the initiation of an
application by the owner of the subject property, the owner’s agent, or any entity in which the
owner holds an ownership interest greater than 50 percent, for a special use permit, variance,
rezoning, or other land disturbing permit, including building permits and erosion and sediment
control permits, or prior to the issuance of final approval, the authorizing body may require the
applicant to produce 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, unless otherwise authorized by the County Treasurer.
(B) Upon receipt of an application, together with supplementary materials and payment of the
application fee and provision of proof that all outstanding payments set forth this section have
been paid and satisfied. The Administrator may waive this requirement for reasons of health,
safety, or public welfare, provided that the applicant or owner has entered into a plan with the
County Treasurer to pay all delinquent taxes, fees, and charges as set by the Board of Supervisors.
14 Editor’s Note: This section replaces Section 35-866 of the current Ordinance. As a best practice, it is recommended
that the existing administrative fee structure be removed from the Zoning Ordinance and a separate ordinance stating
all County fees, including those associated with zoning, be adopted. This allows ease of review and facilitation of public
hearings during annual budgeting processes.
15 Editor’s Note: This is proposed as a new section of the Ordinance. Code of Virginia § 15.2-2286 (B) is an optional
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. It is recommended that Pittsylvania County incorporate this optional provision
as a best practice.
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ARTICLE III – Permits and Applications
Division 1. In General.
Section 3-1-1. Preapplication Meeting.1
Prior to filing an application for a Special Use Permit, zoning text and/or map amendment (rezoning),
conditional zoning, or Site Development Plan, the developer may confer with the Administrator or
designee and such other agencies of the County and the Commonwealth as the Administrator deems
advisable concerning the general proposal. During this meeting the applicant may submit Concept
Plans for preliminary review, comment, and recommendation by the Administrator and other County
officials. Such action does not require formal application or a Site Development Plan and is not to be
construed as filing an application nor shall it be included in computing time limitations.
Section 3-1-2. Minimum Submission Standards.2
(A) The Administrator shall establish minimum standards for submission requirements of all
applications associated with the Zoning Ordinance. Applications shall contain all information
required to meet the minimum standards.
(B) Upon written request by an applicant, the Administrator may waive or modify a submission
requirement(s) upon a determination that the information is not necessary to evaluate the merits
of the application. Such waivers or modifications are for application requirements only and do not
include variances or modifications from district or use standards.
(C) Additional information may be required as deemed reasonably necessary by the Administrator.
(D) The Administrator may request electronic submission of applications and supporting documents in
addition to, or in lieu of physical submission of applications as outlined in this Article.
Section 3-1-3. Forms.3
Applications for amendments to the Ordinance or Official Zoning Map, site plans, variances, Special
Use Permits, Certificates of Occupancy, or zoning permits, and any other request requiring action shall
be made on forms provided by the County.
Section 3-1-4. Ownership Disclosure.4
An applicant must disclose all equitable ownership of the real estate included in an application. In the
case of corporate ownership, the name of stockholders, officers, and directors shall be provided, and
1 Editor’s Note: This section is proposed to replace existing Section 35-250 of the existing Ordinance. Text has been
modified for clarity and to include the option of a preapplication meeting for not only a site plan but for special use
permits, rezonings, and conditional zonings.
2 Editor’s Note: Proposed as a new section with new text.
3 Editor’s Note: Proposed as a new section with new text.
4 Editor’s Note: This is an optional provision of the Code of Virginia, and a general best practice recommended for
inclusion in the Ordinance.
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in any case the names and addresses of all real parties of interest in accordance with the Code of
Virginia § 15.2-2289, as amended.
Section 3-1-5. Oath Required.5
Applications for amendments to the Zoning Ordinance or Official Zoning Map, variances, or Special Use
Permits, shall be sworn to under oath before a notary public, or other official before whom oaths may
be taken.
Division 2. Zoning Text and Map Amendments.
Section 3-2-1. In General.6
Pursuant to the Code of Virginia § 15.2-2286 (7), as amended, whenever public necessity,
convenience, general welfare, or good zoning practice requires, the Board of Supervisors may, from
time to time, amend, supplement, or change by Ordinance the boundaries of the districts or the
regulations established in this Ordinance.
Section 3-2-2. Standards and Procedures.
(A) Initiation of change.7 Pursuant to the Code of Virginia § 15.2-2286 (7), as amended, any
amendment to this Ordinance or the Zoning Map may be initiated by:
(1) Resolution of the Board of Supervisors stating that the public necessity, convenience, general
welfare, and good zoning practice requires the amendment;
(2) Resolution or motion of the Planning Commission stating that the public necessity,
convenience, general welfare, and good zoning practice requires the amendment; or
(3) Application of the owner, contract purchaser with the owner’s written consent, or the owner’s
agent therefor, of the property which is the subject of the proposed Zoning Map amendment,
addressed to the Board of Supervisors or the Pittsylvania County Planning Commission, who
shall forward such application to the Board of Supervisors.
Upon initiation either by the Board of Supervisors or the Planning Commission, the proposed
amendment is automatically referred to the Planning Commission.
(B) Zoning Map Amendments. An application filed on forms provided by the County must be submitted
to the Administrator and must be accompanied by:
(1) Concept Plan. One original and eight (8) copies of an acceptable Concept Plan, printed on 11"
x 17" paper, or larger as may be required by the Administrator to evaluate the proposal. The
purpose of the Concept Plan is to depict graphically the concept or reasons for the requested
5 Editor’s Note: Proposed as a new section with new text.
6 Editor’s Note: This section is proposed to replace Section 35-803 of the existing Ordinance.
7 Editor’s Note: Section 3-2-2(A) is proposed to replace Section 35-806 of the existing Ordinance. Text has been
updated and reorganized for clarity.
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action relative to the Ordinance and its provisions. The Concept Plan may be general and
schematic and shall show:
(i) A certified plat of the subject property showing metes and bounds of all property lines,
existing streets, easements, and subdivisions – with reference to a record subdivision plat
or the County’s tax map.8
(ii) The names and addresses, as shown on the current real estate tax assessment books, of
property owners abutting the property or owners located across the road/street.
(iii) Topography as shown by contour lines with a contour interval not more than five feet.
(iv) Proposed land uses to be developed.
(v) The general layout, orientation, and information describing buildings and improvements,
including but not limited to parking, landscaping, fencing, signs, and trash enclosures,
height, setbacks, and restriction lines.
(vi) If any, the approximate total number, density, type, and price range of dwelling units and
the range of lot sizes for the various dwelling types.
(vii) If any, the general location of proposed open space and recreational areas.
(viii) If any, the general location and type of commercial uses to be developed.
(ix) The general location and character of the proposed roads, pedestrian circulation, trails,
public utility, and storm drainage systems.
(2) A statement on the proposed development schedule.
(3) A written analysis of the public facilities, roadway improvements, and public utilities that will
be required to serve the development.
(4) A written description of the nature and extent of the amendment desired together with an
explanation of the reasons for seeking a change.
(5) Additional studies, including but not limited to traffic impact analyses and environmental
studies, prepared at the applicant’s expense, as identified during the preapplication meeting
or as identified during the review of the application, to appropriately evaluate the proposal
and required public improvements.
(6) Any additional information as deemed reasonably necessary by the Administrator.
(7) The Administrator may require a full Site Development Plan in lieu of a Concept Plan if the
project is deemed complex and requiring additional detail for review.9
8 Editor’s Note: The existing Ordinance requires only a freehand sketch; proposed to require a certified plat for
accuracy and to ensure the County has accurate and correct information regarding dimensional standards and
locations of property lines.
9 Editor’s Note: This gives the County flexibility to require a full Site Development Plan if the application is too complex
to be reviewed appropriately based off a concept plan alone.
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(C) Zoning Text Amendments. The application for a text amendment to the Ordinance shall be filed
with the Administrator. If the application proposes a change in a zoning classification or map
boundaries, there shall be attached to the application:
(1) Items required in Section 3-2-2 (B), as shown above.
(2) A written description of the nature and extent of the amendment desired together with an
explanation of the reasons for seeking a change.
(D) Standards for Review.
(1) Once the application is submitted in accordance with Division 1 of this Article and has been
determined to be complete, the County shall evaluate the application and may request that
the applicant make revisions, as necessary.
(2) The application for a rezoning or zoning text amendment, once complete, shall be referred to
the Planning Commission for public hearing and recommendation. The Planning Commission
shall present their recommendation on the proposed ordinance or amendment, including the
district maps, to the Board of Supervisors for public hearing and action. No recommendation
or action shall be rendered until public notifications and hearings have been conducted in
accordance with Division 11 of this Article and the Code of Virginia.
(3) The Planning Commission shall advise the Board of Supervisors of their recommendation
within 100 days from its first meeting following referral. If after 100 days no recommendation
has been made, the governing body shall assume that the Planning Commission concurs with
the applicant and supports the amendment. The Board of Supervisors shall thereafter take
any action it deems appropriate, unless the applicant requests an extension10 for a defined
period not to exceed a total of 90 calendar days from the date of the public hearing.
(4) All motions, resolutions, or applications for amendment to the Ordinance and/or Zoning Map
shall be acted upon, and a decision made within such reasonable time as may be necessary,
which shall not exceed 12 months unless the applicant requests or consents to action beyond
such period or unless the applicant withdraws his motion, resolution, or application for
amendment to the Ordinance or map, or both; otherwise, the amendment shall be deemed
approved.11 In the event of a withdrawal by the applicant, processing of the motion,
resolution, or petition shall cease without further action as otherwise would be required for
the initial request.
(5) In determining what, if any, amendments to this Ordinance or the Zoning Map are to be
adopted, the governing body is not limited to, but may:
(i) Consider the proper relationship of such amendment to the entire zoning plan.
10 Editor’s Note: This provision is a recommended best practice to allow more time if a complex case would benefit
from additional time. The County can extend the applicant-requested extension period if desired.
11 Editor’s Note: Section 35-807 of the existing Ordinance states that the Board of Supervisors has 60 days from the
time of public hearing to decide on the proposed zoning amendment. The Code of Virginia permits up to 12 months
to decide a proposed zoning amendment.
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(ii) Consider the integrity and validity of the zoning districts described in this Ordinance.
(iii) Avoid isolated, unplanned spot-zoning changes in the Zoning Map.
(iv) Recognize that a certain element of stability is desirable in land use controls, but
conditions and standards will change.
(v) Consider the right of all citizens to be treated reasonably.
(vi) Evaluate all changes based on the Comprehensive Plan and a comprehensive analysis of
community conditions.
(E) The Administrator shall cause the Zoning Map to be updated as frequently as necessary to ensure
that zoning data shown thereon are both accurate and current. Accordingly, all changes affecting
the Zoning Map that are approved by the Board of Supervisors shall be entered onto the official
Zoning Map within 60 days12 following the approval of such changes. After updating sections of the
Zoning Map, working prints of any updated section thereof upon which modifications have been
made shall be inserted into all sets of the Zoning Maps that are used for public viewing and
administration.
Section 3-2-3. Reconsiderations.
(A) If denied by the Board of Supervisors, then such application, or one substantially similar, shall not
be reconsidered sooner than 12 months after the previous denial.
(B) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.
(C) The limits on reconsideration shall not impair the right of either the Planning Commission or the
Board of Supervisors to propose any amendment to this Ordinance on their motion at any time.
Division 3. Conditional Zoning and Proffers.
Section 3-3-1. Purpose and Intent.
Conditional zoning provides a method for permitting the reasonable and orderly development of land
through zoning map amendment with reasonable conditions governing the use and development of
such property. As authorized under the Code of Virginia §§ 15.2-2296 through 15.2-2303.4, as
amended, reasonable conditions may be voluntarily proffered for the protection of the community
when combined with existing Zoning Ordinance district regulations. The exercise of authority shall not
be construed to limit or restrict powers otherwise granted nor to affect the validity of any Ordinance
adopted by the locality which would be valid without regard to this Division. In addition, the provisions
of this Article shall not be used for the purpose of discrimination in housing.
12 Editor’s Note: This timeframe is a recommended best practice and adds clarity to this provision included in the
existing Ordinance.
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Section 3-3-2. Standards and Procedures.
(A) Proffer of Conditions; Standards of Consideration.13
(1) Any owner of property or their agent making an application for a change in zoning or zoning
map amendment may, as part of the application (outlined in Division 2 of this Article),
voluntarily proffer in writing reasonable conditions which shall apply to the subject property
in addition to the regulations provided by the zoning district sought in the rezoning
application. Any such proffered conditions must:
(i) Be made prior to any public hearing before the Board of Supervisors (including joint
public hearings with the Planning Commission);
(ii) Be in accordance with the procedures and standards contained in the Code of Virginia §
15.2-2297, as amended.
(2) Proffered conditions shall be subject to the following limitations:
(i) The rezoning itself must give rise to the need for the conditions.
(ii) The conditions shall have a reasonable relation to the rezoning.
(iii) The conditions shall not include a cash contribution to the County.14
(iv) The conditions shall conform to the Pittsylvania County Comprehensive Plan.
(v) The conditions must not include payment for, or construction of, off-site improvements
except those provided for in the Code of Virginia § 15.2-2241 and § 15.2-2303.4;
(vi) The conditions shall not include a requirement that the applicant create a property
owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.)
that includes an express further condition that members of a property owners’
association pay an assessment for the maintenance of public facilities owned in fee by a
public entity, including open space, parks, schools, fire departments and other public
facilities not otherwise provided for in the Code of Virginia § 15.2-2241; however, such
facilities shall not include sidewalks, special street signs or markers, or special street
lighting in public rights-of-way not maintained by the Department of Transportation; and,
(vii) The condition shall relate to the physical development or physical operation of the
property.
(3) At the time each proffer is submitted to the County, it shall be accompanied by a statement
signed by the applicant and the owner or their agents which states:15
13 Editor’s Note: Text from Sections 35-808 and 35-809 of the existing Ordinance is included in this subsection.
However, amendments have been made for clarity and organization, as well as to include correct reference to
applicable Code of Virginia sections.
14 Editor’s Note: The Code of Virginia does allow the acceptance of cash proffers. The County should consider if they
want to utilize this type of proffer.
15 Editor’s Note: This provision is not included in the current Ordinance but is being proposed for inclusion as a best
practice.
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(i) “Each proffer made in connection with this application for rezoning was made voluntarily
and complies with applicable law. No agent of the County has suggested or demanded a
proffer that is unreasonable under applicable law.”
(ii) “I hereby proffer that the development of the subject property of this application shall
be in strict accordance with the conditions set forth in this submission.”
(4) Each application for rezoning which proposes proffered conditions to be applied to the
property shall be accompanied by the following items beyond those required by conventional
rezoning requests:16
(i) An application for rezoning meeting the requirements of Section 3-2-2 (B) and listing and
detailing the nature and location of any proffered conditions and those proposed
circumstances that prompted the proffering of such conditions.
(ii) An impact analysis demonstrating justification of proposed proffers. The impact analysis
shall identify the impacts of the proposed activity or development, prepared at the
applicant’s expense, together with proposed conditions to mitigate those impacts. The
impact analysis must be based on current data and sound methodology and demonstrate
a nexus and rough proportionality between the condition and the impact.
(iii) A statement describing the nature of the proposed development and explaining the
relationship of the development to the Comprehensive Plan.
(iv) A statement setting forth a maximum number of dwelling units or lots proposed,
including density and open space calculations where applicable to any residential
development, or a statement describing the types of uses proposed and the approximate
square footage for each nonresidential development.
(v) A statement detailing any special amenities that are proposed.
(vi) A statement identifying any surrounding areas that have scenic assets or natural features
deserving of protection and preservation, with a statement of how protection and
maintenance will be accomplished.
(vii) A statement or visual presentation of how adjacent and neighboring properties shall be
protected from any adverse effects prompted by the proposed development. This
includes vehicular access plans, proposed screening and buffering, and any additional
setbacks for the periphery of the development.
(viii) A statement of the public improvements, both on and off site, that are proposed for
dedication and/or construction and an estimated schedule and responsibility for
providing such improvements.
(ix) A statement setting forth the proposed approximate development schedule.
16 Editor’s Note: This is being proposed as new text.
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Section 3-3-3. Amendments and Variations Prior to Final Decision.17
(A) The Board of Supervisors may accept amended proffers if they:
(1) Do not materially affect the overall proposal and are made voluntarily, and in writing, prior to
the deadline for preparation of the advertisement of the public hearing by the Board of
Supervisors on the rezoning request.
(2) If the Board of Supervisors determines that the amendment materially affects the overall
proposal, the application with the amended proffers shall be remanded back to the Planning
Commission for a public hearing and recommendation.
Section 3-3-4. Effect of Condition; Period of Validity.18
(A) All such conditions shall be in addition to the regulations provided for the underlying zoning district
by this Ordinance.
(B) Upon the approval of any such rezoning, all conditions so proffered and accepted by the Board of
Supervisors shall remain in full force and effect until amended or varied by the Board of
Supervisors.
(1) If the Board of Supervisors rezones the land as part of a new or substantially revised Zoning
Ordinance, such conditions shall continue in full force and effect automatically without notice
or filing.
Section 3-3-5. Record of Conditional Zoning.19
Each conditional rezoning shall be designated on the Zoning Map by an appropriate symbol designed
by the Administrator. In addition, the Administrator shall keep and maintain a conditional zoning index
which shall provide ready access to the ordinance creating such conditions, in addition to the
regulations provided for in the particular zoning district and which shall be available for public
inspection. The Administrator shall update the Index annually and no later than November 30 of each
year.
Section 3-3-6. Reconsiderations.20
(A) Applications requesting an amendment or change to the Zoning Map that includes proffered
conditions:
(1) If denied by the Board of Supervisors, then such application, or one substantially similar, shall
not be reconsidered sooner than 12 months after the previous denial.
17 Editor’s Note: Section 3-3-3 is proposed as a new section with new text.
18 Editor’s Note: This section integrates text from Section 35-309 of the existing Ordinance, modified slightly for clarity.
19 Editor’s Note: Section 3-3-5 is proposed to replace Section 35-810 of the existing Ordinance and incorporates new
text to add specificity to provide language from § 15.2-2300 of the Code of Virginia. The keeping of a zoning index is
also mentioned in Article I of the Ordinance.
20 Editor’s Note: Proposed as a new section with new text.
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(2) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.
(B) The limits on reconsideration shall not impair the right of either the Planning Commission or the
Board of Supervisors to propose any amendment to this Ordinance on their motion at any time.
Division 4. Special Use Permits.
Section 3-4-1. Purpose and Intent.21
(A) A use requiring a Special Use Permit is a use that may be appropriate in a zoning district, but
because of its nature, extent, or external effects, requires special consideration of its location,
design, and methods of operation before it can be deemed appropriate in the district and
compatible with its surroundings. The purpose of this division is to establish procedures and
standards for review and approval of Special Use Permits that provide for such special
consideration.
(B) The following will be met either by the proposal made in the application or by the proposal as
modified and amended and made part of the Special Use Permit:
(1) Conformity with Comprehensive Plan and policies. The proposal as submitted or as modified
shall conform to the Comprehensive Plan of the County or to specific elements of such plan
and to official policies adopted in relation thereto, including the purposes of this Ordinance.
(2) Impact on neighborhood or abutting properties. The proposal as submitted or as modified
shall not have undue adverse impact on abutting properties or the surrounding neighborhood.
Among matters to be considered in this connection are traffic congestion, noise, lights, dust,
odor, fumes, and vibration with due regard for timing of operation, screening, or other
matters that may be regulated to mitigate adverse impact.
Section 3-4-2. Applicability.22
In accordance with Code of Virginia § 15.2-2286, as amended, a Special Use Permit is required for the
development of any use designated in Article VI, Use Matrix, as a use requiring a Special Use Permit in
accordance with this section.
Section 3-4-3. Standards and Procedures.23
(A) In addition to the general application requirements supplied in Division 1 of this Article, the
applicant must provide information and data to:
21 Editor’s Note: Proposed as a new section with new text to explain the purpose of the Division’s regulations.
22 Editor’s Note: This is proposed as a new section to reference the Code of Virginia and the proposed Use Matrix in
Article VI.
23 Editor’s Note: The text proposed in this section is similar to the text found in Section 35-712 of the existing
Ordinance but is intended to more clearly reflect the Code of Virginia and holistically address applicant requirements.
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(1) Demonstrate that the proposed use, when complemented with additional measures, if any,
will be in harmony with this Ordinance and with the purposes of the specific district in which
it will be placed;
(2) Demonstrate that there will be no undue adverse impact on the surrounding neighborhood in
terms of public health, safety, or general welfare and show measures to be taken to achieve
such goals;
(3) Demonstrate that the use will not tend to create congestion in streets, roads, alleys, and other
areas; and
(4) Show that the proposal meets the applicable specific and general standards required by this
Ordinance.
(B) An application for a Special Use Permit filed on forms provided by the County must be submitted
to the Administrator and must be accompanied by:
(1) Concept Plan. One original and eight (8) copies of a Concept Plan, printed on 11" x 17" paper,
or larger as may be required by the Administrator to evaluate the proposal. The purpose of
the concept plan is to depict graphically the concept or reasons for the requested action
relative to the Zoning Ordinance and its provisions. The Concept Plan may be general and
schematic and shall show:24
(i) A certified plat of the subject property showing metes and bounds of all property lines,
existing streets, and subdivisions – with reference to a record subdivision plat or the
County’s tax map.25
(ii) The names and addresses, as shown on the current real estate tax assessment books, or
property owners abutting the property or owners located across the road/street.
(iii) Topography as shown by contour lines with a contour interval not more than five feet.
(iv) Proposed land uses to be developed.
(v) The general layout, orientation, and information describing buildings and improvements,
including but not limited to parking, landscaping, fencing, signs, and trash enclosures,
height, setbacks, and restriction lines.
(vi) If any, the approximate total number, density, type, and price range of dwelling units and
the range of lot sizes for the various dwelling types.
(vii) If any, the general location of proposed open space and recreational areas.
24 Editor’s Note: Currently, a site development plan is required for both Special Use Permits and rezonings. Concept
Plans are allowed as an option the Administrator may grant. The removal of the Site Plan requirement at this phase
in the development process makes the process more business friendly, which was a desire raised in the community
engagement phase.
25 Editor’s Note: The existing Ordinance allowed a freehand sketch to be submitted; proposed to require a certified
plat to ensure the County has accurate and correct information regarding dimensional standards and locations of
property lines.
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(viii) If any, the general location and type of commercial uses to be developed.
(ix) The general location and character of the proposed roads, pedestrian circulation, trails,
public utility, and storm drainage systems.
(2) A statement on the proposed development schedule.
(3) A written analysis of the public facilities, roadway improvements, and public utilities that will
be required to serve the development.
(4) Additional studies, including but not limited to traffic impact analyses and environmental
studies, prepared at the applicant’s expense, as identified during the preapplication meeting
or as identified during the review of the application, to appropriately evaluate the proposal
and required public improvements.
(5) Any additional information as deemed reasonably necessary by the Administrator.
(C) The Administrator may require a full site development plan in lieu of a concept plan if the project
is deemed complex and requiring additional detail for permit review.26
(D) Standards for Review.
(1) The Administrator shall review any application requesting a Special Use Permit for its
compliance with the provisions of this Ordinance.
(2) When it has been determined that the application is complete, the Administrator shall submit
the application to the Planning Commission, which shall hold a public hearing after notice as
outlined in Division 11 of this Article and make a recommendation to the Board of Zoning
Appeals (BZA) or appear at the hearing. Failure of the Planning Commission to report its
recommendation to the BZA within sixty (60) days after the first meeting of the Planning
Commission, after the application has been referred to the Planning Commission shall be
deemed recommendation of approval.27
(3) The application for Special Use Permit shall be referred to the BZA for public hearing and
action. No recommendation or action shall be rendered until public notifications and hearing
have been conducted in accordance with this Division 11 of this Article and the Code of
Virginia.
(4) The BZA may attach such conditions to its approval as it deems necessary to bring the plan of
development and operation into conformance with the purposes and standards of this
Ordinance.28
26 Editor’s Note: This gives the County flexibility to require a full site development plan if the application is too
complex to be reviewed appropriately based off a concept plan alone.
27 Editor’s Note: The current Ordinance includes language that states the Planning Commission may hold a public
hearing on Special Use Permits in accordance with the Code of Virginia. While permissible by state code, this
language has been removed to streamline the review and public hearing process for Special Use Permit applications.
28 Editor’s Note: This text is supplied from Section 35-714 of the existing Ordinance and has been reorganized and
edited for clarity and readability.
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(i) Such conditions shall relate to the purposes of this Ordinance, including, but not limited
to:
1. The prevention of smoke, dust, noise, traffic congestion, flood and/or other hazardous
otherwise undesirable substance or condition;
2. The provisions of adequate police and fire protection;
3. Transportation, water, sewerage, drainage, recreation;
4. Community design including lighting, landscaping and/or screening, buffering, parking,
and sign requirements;
5. The establishment of special requirements relating to front, side, and rear setbacks;
6. Property ingress and egress;
7. Construction materials and design;
8. Hours of operation; and
9. Outside storage of materials.
(ii) Any condition imposed under the authority of this Ordinance shall be deemed to be
essential to and not severable from the Special Use Permit itself.
(iii) Pursuant to Code of Virginia § 15.2-2309, as amended, the BZA may require a guarantee
or bond to ensure that the conditions imposed are being and will continue to be followed.
(5) If an applicant seeks both an amendment to the Ordinance and a Special Use Permit for the
same property, both applications may be made jointly and processed at the same time.
(E) Procedures for Approvals and Denials.29
(1) If the BZA approves the application for a Special Use Permit, the Administrator shall issue a
Special Use Permit indicating the special nature of the use and required conditions.
(2) If the BZA disapproves the application for a Special Use Permit, the BZA shall inform the
applicant of the decision in writing within sixty (60) days from the date of the public hearing,
stating the reasons for disapproval. The Administrator shall retain one (1) copy each of the
original application, any plans, and the refusal and keep them as a public record.
Section 3-4-4. Effect of Decision; Period of Validity.30
(A) A Special Use Permit authorizes only the particular use(s) and associated development that is
approved and shall not ensure approval for any other permit or development approval.
29 Editor’s Note: This section incorporates existing language from Section 35-714 of the existing Ordinance, edited and
reorganized for clarity.
30 Editor’s Note: Section 3-4-4 incorporates some language from Sections 35-715 and 35-717 of the existing
Ordinance; this text has been edited and reorganized for clarity.
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(B) A Special Use Permit, including any approved plans and conditions, shall run with the land, and
shall not be affected by a change in ownership, but shall expire as provided in (D) below.
(C) Unless otherwise specified in this Ordinance or specified as a condition of approval, the height
limits, yard spaces, lot area, sign requirements, and other specified standards shall be the same as
for other uses in the district in which the special use is located.
(D) A Special Use Permit shall expire upon the first to occur of the following:
(1) If the applicant does not obtain Site Development Plan approval or commence the use granted
by the Special Use Permit within eighteen months (or such longer time as the governing body
may approve) from the date of the approval;
(2) If an activity operating under an approved Special Use Permit ceases for a period greater than
two years; or
(3) Upon expiration of a Site Development Plan for the use granted by the Special Use Permit.
Section 3-4-5. Revocations.31
Any Special Use Permit previously issued pursuant to this Ordinance may be revoked by the
Administrator, after notice and hearing as provided in Division 11 of this Article and in accordance with
the Code of Virginia § 15.2-2204, as amended, if it is determined there has not been compliance with
the conditions of the Permit.
Section 3-4-6. Reconsiderations.32
(A) If the BZA denies the application for a zoning permit for a proposed Special Use Permit, then such
application, or one substantially similar, shall not be reconsidered sooner than 12 months after the
previous denial.
(B) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.33
Division 5. Variances.
Section 3-5-1. Purpose and Intent.34
Pursuant to the Code of Virginia § 15.2-2309, as amended, the purpose of a variance is to allow for a
reasonable deviation from the provisions of this Ordinance regulating the shape, size, or area of a lot
or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict
31 Editor’s Note: This section is proposed to replace Section 35-717 of the existing Ordinance. Existing text has been
simplified and edited to include correct reference to the Code of Virginia.
32 Editor’s Note: This section is proposed as a new section but incorporates text from Section 35-714 of the existing
Ordinance.
33 Editor’s Note: Proposed text that provides a timeframe for applicant withdrawal of a Special Use Permit; the existing
Ordinance provides for no similar petitions within a 12-month period. The timeframes provided are consistent with
those for other applications.
34 Editor’s Note: Section 3-5-1 is proposed as a new section to explain the purpose of the Division’s regulations.
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application of the Ordinance would unreasonably restrict the utilization of the property, other relief or
remedy is not available, such need for a variance would not be shared generally by other properties,
and provided such variance is not contrary to the purpose of the Ordinance.
Section 3-5-2. Standards and Procedures.35
(A) Authority.36
(1) Pursuant to the Code or Virginia § 15.2-2309 (2) and (6), as amended, the BZA is authorized
to review applications for a variance, if the applicant proves the burden and provides evidence
that the application meets the standard for a variance and the criteria set out in this
Ordinance.
(2) The BZA may approve, approve with conditions deemed necessary in the public interest,
including limiting the duration of a permit and requiring a guarantee or bond to ensure the
conditions will be complied with, or deny an application for a variance in accordance with the
procedures and standards of this Article.
(B) Standards for Review.37
(1) After application is made as required in Division 1 of this Article, the Zoning Administrator shall
review the application for compliance with this Ordinance.
(2) When it has been determined that the application is in proper form, the Administrator shall
submit the application to the BZA for a public hearing. No recommendation or action shall be
rendered until public notifications and hearing have been conducted in accordance with this
Division 11 of this Article and the Code of Virginia. The Administrator shall also transmit a copy
of the application to the local Planning Commission, which may send a recommendation to
the BZA or appear as a party at the hearing.
(3) Pursuant to the Code of Virginia §15.2-2309 (2), as amended, a variance shall be granted if
the evidence shows that the strict application of the terms of the Ordinance would
unreasonably restrict the utilization of the property or that the granting of the variance would
alleviate a hardship due to a physical condition relating to the property or its improvements
at the time of the effective date of the Ordinance, and:
(i) The property interest for which the variance is being requested was acquired in good
faith and any hardship was not created by the applicant for the variance;
35 Editor’s Note: Section 3-5-2(4) and Section 3-5-2(5) have been proposed as new sections to reflect Code of Virginia
requirements regarding variances that pertain to individuals with a disability.
36 Editor’s Note: The text in this section is similar to text included in Section 35-849(2) of the existing Ordinance.
However, it has been rewritten for clarity, reorganized for readability, and updated to include correct reference to
the Code of Virginia.
37 Editor’s The text in this section is similar to text included in Section 35-849(2) of the existing Ordinance. However,
it has been rewritten for clarity, reorganized for readability, and updated to include correct reference to the Code of
Virginia, as well as Code of Virginia regulations requiring compliance with the Americans with Disabilities Act.
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(ii) The granting of the variance will not be of substantial detriment to adjacent property and
nearby properties in the proximity of that geographical area;
(iii) That such hardship is not shared generally by other properties and could be resolved with
an amendment to this Ordinance;
(iv) The granting of the variance does not result in a use that is not otherwise permitted on
such property or a change in the zoning classification of the property; and
(v) The relief or remedy sought by the variance application is not available through the
process for a special use permit that is authorized in the Ordinance pursuant to Code of
Virginia § 15.2-2309(6), as amended, at the time of the filing of the variance application.
(4) Any variance granted to provide a reasonable modification to a property or its improvements
requested by, or on behalf of, a person with a disability may expire when the person benefited
by it is no longer in need of the modification to such property or improvements provided by
the variance, subject to the provisions of state and federal fair housing laws, or the Americans
with Disabilities Act of 1990 (42 U.S.C. § 12131 et seq.), as applicable.
(5) If a request for a reasonable modification is made to a locality and is appropriate under the
provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990
(42 U.S.C. § 12131 et seq.), as applicable, such request shall be granted by the locality unless
a variance from the BZA under this section is required in order for such request to be granted.
Section 3-5-3. Effect of Decision; Period of Validity.38
(A) Issuance of a variance shall authorize only the particular variance that is approved. A variance,
including any conditions, shall run with the land, and not be affected by a change in ownership.
(B) Use or development authorized by the variance shall not be carried out until the applicant has
secured all other permits required by this Ordinance or any other applicable Ordinances and
regulations of the County. A variance, in itself, shall not ensure that the development approved
through said permit shall receive subsequent approval for any other necessary applications for
permit or development approval.
(C) After the BZA has granted a variance, it shall become void after 12 months if no substantial
construction or change of use has taken place in accordance with the plans for which such variance
was granted, or if the BZA does not specify some longer period than one year for good cause shown.
Section 3-5-4. Reconsiderations39.
(A) Applications for a variance:
(1) If denied by the BZA, then such application, or one substantially similar, shall not be
reconsidered sooner than 12 months after the previous denial.
38 Editor’s Note: Section 3-5-3 is proposed as a new section to establish validity and expiration for issued variances.
39 Editor’s Note: Section 3-5-4 is proposed to replace Section 35-852 of the existing Ordinance. Text has been revised
and simplified for clarity.
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(2) If withdrawn by the applicant, such application, or one substantially the same, shall not be
reconsidered within 6 months from the date the original application has been withdrawn.
Division 6. Site Development Plans40.
Section 3-6-1. Purpose and Intent.41
(A) The purpose of this section is to encourage innovative and creative design; to facilitate the orderly
development of land in Pittsylvania County and to ensure that land be used in a manner which is
efficient and harmonious with surrounding property; in accordance with the provisions of this
Ordinance and with the Pittsylvania County Comprehensive Plan; and in the interest of the general
public health, safety, and welfare. More specifically, a Site Development Plan shall be used to
review:
(1) The project's compatibility with its environment and with other land uses and buildings
existing in the area;
(2) The ability of the project's traffic circulation system to provide for the convenient and safe
internal and external movement of vehicles and pedestrians;
(3) The quantity, quality, utility, and type of the project's required community facilities; and
(4) The location and adequacy of the project's landscape improvements and provision for
drainage and utilities.
Section 3-6-2. Applicability.
(A) General.42
(1) Pursuant to Code of Virginia, § 15.2-2286. A.8, as amended, all development in the County
requires approval of a Site Development Plan in accordance with the procedures and
standards in this Division prior to the issuance of a Building Permit or a Certificate of
Occupancy, or any land disturbance, with the following exceptions:43 44
40 Editor’s Note: Division 6 is proposed to replace Article 5, Division 4, “Site Development Plan” of the existing
Ordinance. The existing Ordinance’s various provisions for Site Development Plans have been incorporated in this
Division to reduce redundancy. Additional text is added and the process for review of site plans has been streamlined
and reorganized.
41 Editor’s Note: Section 3-6-1 is proposed to replace Section 35-741 of the existing Ordinance. Text has been reduced,
edited, and reorganized for clarity. Items (1) through (4) are proposed as new content.
42 Editor’s Note: Text from Section 35-772 of the existing Ordinance is proposed for inclusion. However, text from
Section 35-742 has been omitted for streamlining purposes and to prevent conflicting text.
43 Editor’s Note: This section only includes exemptions from the Site Development Plan requirement for clarity. The
County should consider removing exemptions from this list, specifically (iii) and (iv) as a best practice.
44 Editor’s Note: Section 35-742 of the current Ordinance includes a list of uses required to submit a site development
plan and states that the Zoning Administrator has the discretion to require a site development plan for additional uses
not listed. As a best practice, the County should be requiring site development plans for all uses, with the exception
of uses exempt as included in Section 3-6-2(A). This eliminates questions of arbitrary or capricious decision making.
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(i) The construction or change in occupancy of any single-family dwelling on a tract or parcel
with no existing dwellings;
(ii) The construction or change in occupancy of a single-family dwelling on a tract or parcel
with one (1) existing dwelling;
(iii) The construction of a two-family dwelling on any tract or parcel with no existing
dwellings;
(iv) Any accessory structure or improvement to a single-family dwelling or two-family
dwelling;
(v) Subdivisions exempted by the county Subdivision Ordinance;
(vi) Off-street parking with less than 10 spaces;
(vii) Bona fide agricultural operations and the customary accessory uses and/or structures
associated with bona fide agricultural operations; and
(viii) Repairs of a general nature to existing buildings.
(2) All previously approved Concept Plans must also submit a Site Development Plan for
administrative approval prior to any site development.
(3) When a change of use is proposed that requires additional off-street parking or changes to
exterior elements of a previously approved Site Development Plan, an amended Site
Development Plan shall be submitted for review to ensure that the change of use can be
accomplished within the regulations of this Ordinance.
(4) The Planning Commission, BZA, or the Administrator may waive the requirement for a Site
Development Plan in a particular case upon a finding that they have the authority to act and
after finding that the requirement of such plan would not forward the purposes of this
Ordinance or otherwise serve the public interest.
(5) Compliance with the provisions of this Article shall in no event be construed to relieve the
applicant of the duty of compliance with all other applicable provisions found elsewhere in
this Ordinance or in other County Ordinances.45
Section 3-6-3. Site Development Plan Specifications and Contents.46
(A) Site Development Plans, or any portion thereof, involving engineering, architecture, landscape
architecture, or land surveying, shall be prepared by persons professionally certified in the
Commonwealth of Virginia to do such work.
(B) Site Development Plans shall be prepared to the scale of 100 ft. per inch.
45 Editor’s Note: Items (4) and (5) are new and proposed to replace Section 35-772 of the existing Ordinance.
46 Editor’s Note: This section is proposed to replace Section 35-753 of the current Ordinance. New text has been
integrated for clarity and to ensure best practices are being met; current text has been edited and reorganized for
clarity.
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(C) Site Development Plans may be prepared on one or more sheets to clearly show the information
required by this Section and to facilitate the review and approval of the plan. If prepared on more
than one sheet, match lines shall clearly indicate where the several sheets join.
(D) When more than one sheet is required to cover the entire project, a cover sheet, general in nature,
shall be provided to identify all individual sheets of an application in proper relationship to each
other.
(E) Profiles must be submitted on plan sheets. Special studies as required may be submitted on
standard cross section paper and shall be an appropriate scale.
(F) All horizontal dimensions shown on Site Development Plans shall be in feet and decimals of a foot
to be closest to one tenth of a foot; and all bearings in degrees, minutes, and seconds to the nearest
ten seconds.
(G) When the development is to be constructed in stages or units, a final development schedule shall
be included with the Site Development Plan that shows the order of construction of such stages,
an approximate completion date for the construction of each stage, and a final cost estimate of all
improvements within each stage.
(H) The Site Development Plan shall show the following, unless the Administrator determines that
certain information is unnecessary due to the scope and nature of the development proposed:
(1) A title page containing the following:
(i) The project title, tax map reference, magisterial district, voting district, street address,
date of drawing, number of pages, and name of subdivision, if applicable;
(ii) The name, mailing address, and phone number of the applicant and property owner;
(iii) The name, mailing address, phone number, signature, seal, and registration number of
the plan preparer, and the preparation date of the plan;
(iv) A 3-inch by 5-inch area reserved for signatures and/or stamps of approving agencies
and/or authorities;
(v) The north point, scale, and a vicinity map showing adjacent roads, landmarks, streams,
bodies of water, railroads, subdivisions, to clearly identify the location;
(vi) A table (with computations) estimating the lot coverage ratio and impervious surface
ratio;
(vii) A table (with computations) stating the total number of dwelling, commercial, or
industrial units of various types in the project and the overall project density in dwelling,
commercial, or industrial units per gross acre; and
(viii) A table (with computations) to include the total site acreage included in the project, and
the amount and percentage of the site thereof proposed to be allocated to the several
dwelling types, any nonresidential uses, off-street parking, green areas, streets, parks,
schools, and other reservations.
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(2) Plan sheets containing the following:
(i) A legend for all symbols shown on the plan;
(ii) Zoning, including overlay districts, of the parcels included within the project and of all
adjacent parcels;
(iii) The boundaries of the property or properties involved, all existing property lines, setback
lines, streets, buildings, easements, rights-of-way, watercourses, waterways, wetlands,
or lakes, and other existing physical features in or adjoining the project. If on an adjoining
property, physical features such as watercourses, waterways or lakes need only be shown
in approximate scale and proportion;
(iv) Any proposed parcel lines, easements, rights-of-way, and the locations, dimensions,
height, and setbacks for proposed buildings, structures, and other improvements;
(v) Proposed building use type, major excavations, and the total square footage of the floor
area by proposed use;
(vi) Topography of the project area with contour intervals of 2 ft. or less;
(vii) The proposed traffic circulation pattern including the location and width of all access
points, roads, streets, alleys, driveways, pedestrian, cycling or bridle path systems, and
the relationship of internal traffic to external roads;
(viii) The estimated daily vehicular trips generated by the proposed development on each road
segment shown on the plan;
(ix) Typical roadway pavement and design section for all proposed streets, roads, and
driveways including curbs and gutters, and all curb cuts;
(x) The proposed and required off-street parking and loading areas, including parking and
access for the handicapped as specified in the Virginia Uniform Statewide Building Code,
as amended;
(xi) Proposed connections with existing sanitary sewers and existing water supply, or
locations of the alternate means of sewage disposal and water supply;
(xii) Detailed utility layout including water and sanitary sewer plan with profiles; locations of
electrical transmission lines, gas pipelines, street, lights, and fire hydrants; locations of
garbage and trash disposal facilities; location of standpipes for fire protection;
(xiii) A table estimating the daily public water usage and sewage flow attributable to the
proposed development in gallons per day, including the timing of any necessary
connections;
(xiv) Location and general design of outdoor lighting;
(xv) A landscape plan showing the location, dimensions, and material descriptions of all
existing and proposed screens, buffer yards, or landscaping. The plan shall include the
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location, height, type, and material of all fences, walls, screen planting, and landscape
details of all buildings and grounds;
(xvi) The location of all trees existing on the site prior to construction with a caliper of 8 inches
or greater. The Site Development Plan shall show wooded areas which shall be
designated by symbols coincident with the area of trees and an indication of which trees
are to be retained and which are to be removed;
(xvii) Provisions for collecting and discharging surface drainage and other provisions for the
adequate control of storm water drainage and erosion and sedimentation, indicating all
proposed temporary and permanent control measures, and including drainage
calculations;
(xviii) The location and dimensions of proposed recreation areas, open spaces, recreation
facilities, and other amenities and improvements, including a statement of whether such
open areas are to be dedicated to the public;
(xix) The location of any grave, object, or structure marking a place of burial;
(xx) The location of any known historic building or feature;
(xxi) The approximate limit of any floodplain limits, any drainage district, or mapped dam
break inundation zone;
(xxii) A plan or report indicating the extent, timing, and estimated cost of all off-site
improvements, such as roads, sewer, and drainage facilities deemed necessary to
construct the proposed development, and the extent, timing, and estimated cost of all
facilities deemed necessary to serve the development such as schools, libraries, and
police substations. This plan or report shall relate to the sequence of the development
schedule if the development is to be constructed in stages or units;
(xxiii) Documentation of all existing permits and applications relevant to the parcel, including,
but not limited to: Health Department permits for all wells and septic drain fields; all
existing Zoning Permits and zoning applications; applications for rezoning, Special Use
Permits, and zoning variances and evidence of all Wetlands Permits required by Federal,
State, and local laws and regulations applicable to the site, lot, or parcel;
(xxiv) A copy of all covenants, restrictions, and conditions pertaining to the use, maintenance,
and operation of all open space areas, and bylaws of a Homeowner’s Association if
applicable; and
(xxv) Any additional information as required by the Administrator necessary to evaluate the
character and impact of the proposed project.
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Section 3-6-4. Standards and Improvements.47
(A) Improvements Required. All improvements required by this Ordinance shall be installed at the cost
of the developer and in accordance with design and construction standards of Pittsylvania County.
(B) Specifications. In cases where specifications have been established either by the Board of
Supervisors of Pittsylvania County, the Virginia Department of Transportation for construction of
streets, etc., or this Ordinance for related facilities and utilities, such specifications shall be
followed. The most restrictive specifications will prevail.
(C) Performance Bond. After a Site Development Plan has been approved, and before any construction
or land disturbance can occur, the developer shall furnish to the County an irrevocable letter of
credit, cash escrow, or bonds (collectively referred to as “performance bond”) from a certified
Virginia Lending Institution by corporate surety in a form and amount sufficient to guarantee the
completion of the construction of such facilities or all required improvements.
(1) The cost of required improvements shall be determined by a bona fide estimate of
construction cost prepared by a duly licensed engineer and such estimate shall be provided at
the expense of the developer.
(2) The amount of the performance bond or other guarantee shall be 110% of the estimated
construction cost.
(3) In the event the Administrator has rejected any such agreement or bond, the owners or
developer shall have the right to have such determination made by the Board of Supervisors.
(4) If such performance bond contains an expiration date, provisions shall be made for the
extension thereof if all improvements have not been completed 30 days prior to the expiration
date.
(5) The performance bond or other appropriate security shall not be released until construction
has been inspected and accepted by the Administrator and by the Virginia Department of
Transportation or other local or state department, where appropriate.
(D) Standards and Improvements. In addition to those improvements and standards specified in other
sections of this Ordinance, the following minimum standards and improvements shall also be
required for all Site Development Plans:
(1) Adequate easements shall be provided for drainage and all utilities. Where easements do not
follow the established lot lines, the nearest edge of any easement shall be a minimum of 5
feet from any building.
(2) The developer shall provide for all utilities and services required, to include both on-site and
off-site improvements. The determination of the exact improvements required, i.e., size of
lines and capacities, is to be established by the developer in conference with the County agent
acting on the advice of appropriate officials, authorities, departments, and/or consultants
having expertise on the subject.
47 Editor’s Note: This is a new section with new text.
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(3) Tests and/or other methods of soil evaluation deemed necessary by the Virginia Department
of Health wherever required shall be the responsibility of the developer.
(4) Utilities shall include but not be limited to electric, gas, water, sewer, storm drainage,
telephones, broadband, and/or cable television.
(5) Adequate fire hydrants, with assurance of adequate water supply and distribution systems,
will be provided by the developer. Fire hydrants will be provided in the total area to be planned
and in such locations as are approved by the Planning Commission or its designated agent.
(6) All landscaping, streets, parking, and other standards must be designed in compliance with
Article VIII, Community Design Standards, of this Ordinance.
(E) Supervision and Inspections. It shall be the responsibility of the developer to provide adequate
supervision and inspections on the site during the installation of all required improvements, and to
have a responsible supervisor together with one set of approved plans, profiles, and specifications
at the site at all times when work is being performed.
(F) Acceptance of Improvements. The approval of the Site Development Plan or the installation of the
improvements as required in this Ordinance shall in no case serve to bind the County to accept
such improvements for maintenance, repair, or operation thereof. Such acceptance of each type
of improvements shall be subject to the County and/or State regulations.
Section 3-6-5. Review.
(A) Administrative Review. Site Development Plans required under Section 3-6-2 are subject to
administrative approval by the Administrator.
(1) The Administrator is responsible for the review, processing, and the requesting of additional
agency and consultant reports relative to a Site Development Plan which has been submitted.
(2) Developers are encouraged to discuss the proposals contained in the Site Development Plan
as submitted with the staff officials of Pittsylvania County prior to official request for approval
of that plan.
(B) Site Development Plan Review Process. Unless otherwise provided in another Article of this
Ordinance, 8 paper copies of the Site Development Plan shall be provided to the Administrator
who shall take the following actions:48
(1) Review the Site Development Plan for completeness. If deemed incomplete or having
insufficient information for review, the application will be refused and returned to the
applicant with a written list of deficiencies.
(2) Site Development Plans will be provided to other relevant County departments and reviewing
agencies for written comment.
48 Editor’s Note: Currently, the Planning Commission reviews and issues approval of a site development plan. This
process is proposed to be completely administrative in nature, as the Planning Commission and Board of Supervisors
review and approve the concept plan as part of zoning permit issuance.
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(3) A Site Development Plan for a particular development stage or unit other than the first, shall
not be approved until the Site Development Plan has been approved for the immediately
preceding stage or unit.
(4) The Administrator shall notify the applicant of the action taken with respect to the Site
Development Plan, which may include approval or disapproval.
(C) Time Period for Approval.49
(1) Pursuant to Code of Virginia, § 15.2-2259, as amended, Site Development Plans shall be
approved or disapproved within 60 days after it has been officially submitted for approval or,
if state agency review is required, within 35 days of receipt of approvals from all reviewing
agencies. If disapproved, the reasons for disapproval shall be identified by reference to
specific duly adopted Ordinances, regulations, or policies and shall identify, to the greatest
extent practicable, modifications or corrections that will permit approval of the plan.
(2) Pursuant to Code of Virginia, § 15.2-2259, as amended, a Site Development Plan that has
previously been disapproved but has been modified, corrected, and resubmitted shall be
acted on within 45 days of resubmission.
Section 3-6-6. Amendment of Site Development Plans.50
(A) If it becomes necessary for an approved Site Development Plan to be changed, the Administrator
may, at the applicant’s request, administratively approve a minor amendment to the Site
Development Plan if the change or amendment does not:
(1) Alter a recorded plat.
(2) Conflict with the specific requirements of this Article.
(3) Change the general character or content of an approved development plan or use.
(4) Have an appreciable effect on adjoining or surrounding property.
(5) Result in any substantial change of major external access points.
(6) Increase the approved number of dwelling units or other buildings or height of buildings.
(7) Decrease the minimum specified yards and open spaces or minimum or maximum specified
parking and loading spaces required by Ordinance.
(8) Amendments not in accordance with (1) through (7) of this Section shall be considered as new
site development plans and submitted under Section 3-6-3 of this Article.
49 Editor’s Note: Sections 35-751 and 35-854 give Planning Commission 45 days to review a site development plan.
This timeframe is more stringent than what is provided for in the Code of Virginia; text has been updated to include
reference to the Code of Virginia as well as allow for the full 60-day review period.
50 Editor’s Note: This Section is proposed to consolidate and replace Sections 35-766, 35-767, 35-768, 35-769, and 35-
770 from the existing Ordinance. Text has been refined and reorganized with some new text included for readability
and clarity.
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(B) All submittal procedures outlined in Section 3-6-3 (A) through (I) shall be met for submissions of
revised Site Development Plans.
(1) Insufficient submittals may be returned to the applicant with written notification of
deficiencies from the Administrator.
(C) The Administrator shall review the plans for compliance with applicable development regulations
and approved Concept Plans and issue final approval or denial within 45 days. The Administrator
shall provide a set of all submittals to relevant agencies or departments for their review and written
comments.
(D) If the Administrator fails to act on a request for a minor amendment to a Site Development Plan
within 45 calendar days, it shall be considered approved.
(E) Upon final approval of the revised site development plan by the Administrator, the Administrator
shall transmit an approved set of plans to the authorized project agent and retain one copy of any
correspondence and plans for County record.
Section 3-6-7. Compliance with Approved Site Development Plan Required.
(A) It shall be unlawful for any person to construct, erect, or substantially alter any building or
structure, or develop, change, or improve land for which a Site Development Plan is required,
except in accordance with an approved Site Development Plan. Deviation from an approved Site
Development Plan without the written approval of the Administrator shall void the Site
Development Plan and require submission of a new Site Development Plan for approval.
(B) No permit shall be issued for any structure in any area covered by the Site Development Plan that
is required under the provisions of this Article except in conformity with such Site Development
Plan which has been duly approved.
(C) The Building Official shall be responsible for enforcing the requirements as set forth in the final
approved Site Development Plan before issuing a certificate of occupancy and shall give written
notice to the Administrator that the Site Development Plan has been completed before issuing the
Certificate of Occupancy.
(D) Upon the satisfactory completion of the installation of all required improvements shown on the
approved Site Development Plan, the developer shall submit to the Building Official and
Administrator one copy each of the completed As-Built Plans, which shall include specifications for
all improvements, including roadways, utilities, permanent drainage and storm-water
management facilities, water and sewer facilities, and fire hydrants.51 The As-Built Plans shall be
submitted at least one week prior to the anticipated receipt of the certificate of occupancy for the
review and approval by the County agent for conformity with the approved Site Development Plan
and the ordinances and regulations of the County and State agencies.
(E) Where structures are completed and ready for occupancy prior to the completion of all
improvements required by the Site Development Plan, the owner may provide bond with surety
51 Editor’s Note: Section 35-771 of the existing Ordinance.
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adequate to guarantee the completion of Site Development Plan, as outlined in Section 3-6-6
above, and upon providing of such bond with surety as agreed upon by the Administrator, a permit
may be issued for the occupancy of those structures already completed.
Section 3-6-8. Period of Validity.52
(A) In accordance with Code of Virginia, § 15.2-2261, as amended, approval of a Site Development Plan
submitted under the provisions of this Article shall expire 5 years after the date of such approval
unless building permits have been obtained for construction in accordance therewith.
(B) The application for and approval of minor modifications to an approved Site Development Plan
shall not extend the period of validity of such plan and the original approval date shall remain the
controlling date for purposes of determining validity.
Division 7. Zoning Permits.
Section 3-7-1. Applicability.53
(A) No buildings or other structures shall be started, reconstructed, enlarged, or altered without the
owner or owners first obtaining a permit issued by the Administrator verifying that the building,
structure, or use complies with the requirements of this Ordinance.54
(B) No such permit shall be issued for a building, structure, or use unless it complies with the provisions
of this Ordinance, or a Special Use Permit, variance, or written order from an appeal has been
approved as provided by this Ordinance.
Section 3-7-2. Standards and Procedures.55
(A) The Administrator shall review each application for a Zoning Permit to ensure that the building,
structure, or use proposed is in accordance with the terms of this Ordinance.
(B) The following shall be submitted to the Administrator for review:
(1) Site Development Plans shall be submitted as required in Division 6 of this Article.
(2) When Site Development Plans are not required, each Zoning Permit application shall be
accompanied by one copy of the most recent plat of record of the land to be built upon. If no
52 Editor’s Note: This Section is proposed to replace Sections 35-765, 35-769, and 35-780 of the existing Ordinance.
The existing Ordinance currently states that approval of a site development plan expires after eighteen months of
approval unless actual construction has commenced; however, the time frame has been extended to five years to
comply with the Code of Virginia.
53 Editor’s Note: Section 35-51 of the current Ordinance includes a list of uses exempt from a zoning permit. This list
is proposed for inclusion in Article VI, Use Matrix.
54 Editor’s Note: This text is included in Section 35-700 of the current Ordinance. It has been proposed for inclusion in
this section and has been amended and revised for clarity.
55 Editor’s Note: The current Zoning Ordinance does not provide standards and procedures related to application for
Zoning Permits. The text proposed for incorporation is based on general best practice and intended to ensure that
other applicable standards, such as those included in Article 4, Buildings of the Pittsylvania County Code, are met as
necessary.
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such plat exists, the applicant shall provide a copy of the most recent deed description thereof,
along with a survey when the property has not ever been surveyed, with dimensions, that
shows:
(i) Lot lines;
(ii) Location of buildings on the lot including setback measurements from each property
boundary;
(iii) Suitable notations indicating the proposed use of all land and buildings;
(iv) Points of connection to public water and sewer and/or location of wells and septic
systems and reserve drainfields;
(v) The proposed nature and manner of grading the site, including proposed treatment of
slopes more than 10% to prevent soil erosion and excessive runoff. In cases where an
erosion and sedimentation control permit is required, the necessary plans and data shall
be submitted as required in Chapter 4, Article 2 of the Pittsylvania County Code.
(vi) Delineation of all floodplain limits;
(vii) Delineation of any overlay areas as defined in Article V, Overlay Districts;
(viii) Such other information as may be necessary to provide for the enforcement of these
regulations; and
(ix) A statement signed by the applicant which states:56
a. “The information given is correct to the best of my/our knowledge, including
any attached plans, drawings, or supplemental information; and I/we accept
liability for any land disturbance or construction that is in violation of the
Pittsylvania County Zoning Ordinance and the Pittsylvania County Subdivision
Ordinance.”
(C) If the proposed building or use is in conformity with the provisions of this Ordinance, a permit shall
be issued to the applicant by the Administrator.
(D) A Zoning Permit in itself shall not ensure that the development approved through said permit shall
receive subsequent approval for any other necessary permits or development approvals as
otherwise required.57
56 Editor’s Note: This is a recommended best practice that requires the applicant to state that any and all information
provided in the process of obtaining a Zoning Permit is accurate.
57 Editor’s Note: This text has been proposed for inclusion in order to better clarify that just because a zoning permit
has been issued does not guarantee subsequent or automatic approval for other necessary permits.
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Division 8. Certificates of Occupancy.58
Section 3-8-1. Applicability.
It shall be unlawful to use or permit the use of any building or premises, or part thereof; hereafter
created, converted, enlarged, or otherwise altered; wholly or partly in its use or structure, until the
issuance of a Certificate of Occupancy by the Building Official.
Section 3-8-2. Standards and Procedures.
(A) Such certificate shall show that such building, premises, or part thereof, and the proposed use
thereof is in conformity with the provisions of this Ordinance, provided the following standards are
met in full:
(1) All structures are fully completed and ready for occupancy prior to the completion of any
improvements required by the original permits and any required Site Development Plan;
(2) The Building Official has determined that the site may be occupied consistently with the
overall public health, safety, and welfare; and
(3) Improvements deemed directly related to health and safety have been installed and are
operational.
(B) The owner or applicant may provide bond with surety adequate to guarantee the completion by
time certain of such Site Development Plan improvements as related to the building for which the
permit is sought, and upon the providing of such bond with surety and approval by the
Administrator, a permit may be issued for the occupancy of those structures already completed.
(1) Improvements deemed directly related to health and safety shall not be bonded.
(2) The County may accept a cashier’s check in lieu of a corporate surety. Such cashier’s check
shall be made payable to the Pittsylvania County Board of Supervisors and may be placed in
an escrow account whereby the developer may draw interest. If a cashier’s check is provided
as a performance bond, there shall be a reasonable fee paid by the developer for cost incurred
by the County to perform necessary work involved.
Division 9. Written Determinations.59
Section 3-9-1. Intent.
In administering, interpreting, and enforcing this Ordinance, the Administrator shall provide a written
response to persons who have filed a specific request in writing for a decision or determination on
zoning matters within the scope of the Administrator’s authority.
58 Editor’s Note: This section is proposed to replace Section 35-703 of the existing Ordinance. The text included from
existing Section 35-703 has been reorganized and lightly edited for readability.
59 Editor’s Note: This Division proposes all new text; the existing ordinance mentions various determinations but does
not provide procedures or general standards for a written determination from the Zoning Administrator. This
proposed language conforms with the Code of Virginia.
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Section 3-9-2. Standards and Procedures.
(A) The Administrator’s response shall be provided within 90 days of the date of the request unless
the requestor agrees to a longer period.
(B) When the requestor is not the owner or the owner’s agent of the property subject to the request,
the Administrator in accordance with the Code of Virginia § 15.2-2204 (H), as amended, shall
provide written notice within 10 days of receipt of the request to the owner of the property at the
owner’s last known address as shown on the County’s real estate assessment records.
(C) The Administrator’s written decision or determination shall include a statement informing the
recipient of the right to appeal the decision as provided in Division 9 of this Article.
Division 10. Appeals.60
Section 3-10-1. Appeals of Zoning Administrator Determinations and Decisions.61
(A) Pursuant to the Code of Virginia § 15.2-2311, as amended, appeal to the BZA may be taken by any
person aggrieved or by any officer, department board or bureau of the County affected by any
decision of the Administrator or from any order, requirement, decision, or determination made by
any other administrative officer in the administration or enforcement of this Ordinance.
(B) Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with
the Administrator and with the BZA, a notice of appeal specifying the grounds thereof. The
Administrator shall forthwith transmit to the BZA all the papers constituting the record upon which
the action appealed from was taken.
(C) A decision or interpretation of the Administrator shall be presumed correct and may not be
reversed or modified unless there is evidence in the record that the decision is not correct, based
on the relevant procedures and review standards of this Ordinance.
Section 3-10-2. Appeals to Board of Zoning Appeals Procedure.62
(A) Pursuant to the Code of Virginia § 15.2-2312, as amended, procedures for submitting an appeal
shall be as follows:
(1) Mailing Procedure. Appeals shall be mailed from the applicant seeking appeal to the BZA in
care of the Administrator, and a copy of the appeal shall be mailed to the secretary of the
Planning Commission. A third copy should be mailed to the individual, official, department, or
agency concerned, if any.
60 Editor’s Note: The existing Ordinance provides for appeals and variances together. This Division is proposed to focus
solely on appeals, including their processes and procedures.
61 Editor’s Note: Section 3-10-1 is proposed to replace Section 35-850 of the current Ordinance. The text has been
reorganized for readability and edited to include reference to the pertinent Code of Virginia section.
62 Editor’s Note: Section 3-10-2 is a new section, proposed to incorporate text from Section 35-852 from the current
Ordinance as relevant. However, new text has been proposed for addition to clarify mailing procedure, as well as to
reference the pertinent Code of Virginia section.
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(2) Hearing. The BZA shall fix a reasonable time for the hearing of an application or appeal, give
public notice as outlined in Division 11 of this Article as well as due notice to the parties in
interest, and decide the same within ninety (90) days of filing of the appeal.63
(3) Decisions. In exercising its powers, the BZA may reverse or affirm, wholly or partly, or may
modify the order, requirement, decision, or determination appealed from. The concurring
vote of four (4) members shall be necessary to reverse any order, requirement, decision, or
determination of an administrative officer or to decide in favor of the applicant on any matter
upon which is being heard In any appeal, if a BZA’s attempt to reach a decision results in a tie
vote, the matter may be carried over until the next scheduled meeting at the request of the
person filing the appeal.64
Section 3-10-3. Appeals of Board of Zoning Appeals, Planning Commission, or
Board of Supervisors.65
(A) Pursuant to the Code of Virginia § 15.2-2314, and §15.2-2285, as amended, any person or persons
jointly or severally aggrieved by any decision of the BZA, Planning Commission, or Board of
Supervisors, or any taxpayer or any officer, department, board, or bureau of the County, may
appeal the decision to the Circuit Court of Pittsylvania County.
(B) An application specifying the grounds on which the applicant is aggrieved must be submitted 30
days after the filing of the decision in the office of the BZA.
Section 3-10-4. Construction in Violation of Ordinance without Appeal to BZA.66
(A) Pursuant to the Code of Virginia § 15.2-2313, as amended, construction of a building with a valid
building permit deemed in violation of this Ordinance may be prevented, restrained, corrected, or
abated by suit filed within 15 days after the start of construction by a person who had no actual
notice of the issuance of the permit.
(B) The court may hear and determine the issues raised in the litigation even though no appeal was
taken from the decision of the Administrator to the BZA.
Section 3-10-5. Stay of Proceedings.67
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Administrator
certifies to the BZA that by reason of facts stated in the certificate, a stay would, in their opinion, cause
63 Editor’s Note: The existing Ordinance provides that the BZA has 60 days to reach its decision; the Code of Virginia
allows for 90 days, and the text has been updated to reflect that timeframe.
64 Editor’s Note: New text has been proposed to address procedures in the event of a tie vote among the BZA.
65 Editor’s Note: This section is proposed to replace Section 35-853 of the existing Ordinance. Existing text has been
reorganized and edited lightly for clarity, as well as amended to include correct reference to pertinent sections of the
Code of Virginia.
66 Editor’s Note: New section proposed for inclusion in the Ordinance. The purpose of this section is to incorporate
the provisions of Code of Virginia § 15.2-2313. This addition is a recommendation from the Diagnostic Report.
67 Editor’s Note: New section proposed for inclusion in the Ordinance. It incorporates some text from Section 35-850
of the current Ordinance.
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imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a
restraining order granted by the BZA or by a court of record, on application and on notice to the
Administrator and for good cause shown.
Division 11. Public Hearings and Notifications.
Section 3-11-1. Public Hearing Required.68
(A) In accordance with the Code of Virginia § 15.2-2204, as amended, the Planning Commission shall
not recommend, nor shall the Board of Supervisors adopt or approve any plan, ordinance,
amendment, nor shall the BZA approve any variance or Special Use, until it has held a duly
advertised public hearing. Advertising and notice procedures shall be conducted according to the
procedures under the Code of Virginia § 15.2-2204, as amended, as outlined in this Division.
(B) The Planning Commission and Board of Supervisors may hold a joint public hearing after public
notice as set forth herein, and if such joint hearing is held, public notice as set forth below need be
given only by the Board of Supervisors.
(C) No land may be zoned to a more intensive use classification than was contained in the public notice
without an additional public hearing after notice pursuant to the Code of Virginia § 15.2-2204, as
amended.
Section 3-11-2. Advertisement and Mailings.69
(A) The notice for each proposal shall provide:
(1) A descriptive summary of the application;70
(i) In the case of a proposed amendment to the Zoning Map (rezoning), the public notice
shall state the general usage and density range of the proposed amendment and the
general usage and density range, if any, set forth in the applicable part of the
Comprehensive Plan.
(2) The location of the property, if applicable;
(3) Where copies of the proposal may be examined; and
(4) The time and place of any hearing at which persons affected may appear and present their
views.
68 Editor’s Note: This proposed section intends to replace existing sections 35-807 and 35-812 and incorporate more
explicit language from the Code of Virginia for clarity. Additionally, (B) and (C) are not included in the current
Ordinance but are proposed for inclusion as they are permissible by § 15.2-2204.
69 Editor’s Note: This section is a new addition proposed for the Zoning Ordinance. The existing Ordinance complies
with notice requirements in Code of Virginia through incorporating reference to § 15.2-2204. However, as a best
practice and to increase clarity among the public, it is recommended to integrate some of the text from the Code of
Virginia § 15.2-2204 and § 15.2-2206.
70 Editor’s Note: While the Code of Virginia § 15.2-2204(A) does not explicitly detail what a descriptive summary shall
entail, the included text outlines what are generally accepted best practices to satisfy the requirement of a descriptive
summary.
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(B) Notice of public hearings shall also be published once a week for two successive weeks in some
newspaper published or having general circulation in the County.
(1) The term “two successive weeks" means 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.
(2) The hearing shall be held not less than five days nor more than 21 days after the second
advertisement shall appear in such newspaper.
(C) In accordance with Code of Virginia § 15.2-2206, as amended, property owner notification shall be
sent by the Department of Community Development.
(1) The developer/applicant shall provide the Department of Community Development with a list
of tax map numbers, names, and mailing addresses including zip codes for all adjoining
property owners as part of the application submission, which the County shall confirm is
current at the time of public hearing.71
(2) Notifications must be mailed to:
(i) The owner, owners, or their agent of the subject property;
(ii) Persons owning any adjacent property, including property across any road, railroad right-
of-way or body of water;
(iii) A locality’s chief administrative officer or their designee when the subject property is
located within 0.5 mile of the boundary of the adjoining locality at least 10 days prior to
the hearing;
(iv) The commander of the applicable military operation when the subject property is located
within 3,000 feet of the boundary of a military base, installation or airport, excluding
armories operation by the Virginia National Guard, at least 30 days prior to the hearing;
(v) The owner of a public use airport when the subject property is located within 3,000 feet
of such airport at least 30 days prior to the hearing;
(vi) For rezonings, the incorporated property owners’ association within a planned
development where the subject property is located within the planned development and
the association’s members also own property in the planned development that is located
within 2,000 feet of any portion of the subject property; and
(vii) In lieu of each individual unit owner, the unit owners’ association or proprietary lessee’s
association when the property adjacent to the subject property is a condominium or
cooperative, respectively.
(D) The following exceptions shall apply to property owner notification requirements, as outlined in
this section:
71 Editor’s Note: This is currently being done in practice, but new text has been added to formalize the process and
aid in administration. The County should be confirming the accuracy of submitted adjoining property owner
information as a legal safeguard.
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December 20, 2022
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(1) When a proposed amendment to the Ordinance involves a tract of land not less than 500 acres
owned by the Commonwealth of Virginia or by the federal government, and when the
proposed change affects only a portion of the larger tract, notice need be given only to the
owners of those properties that are adjacent to the affected area of the larger tract.
(2) For Zoning Map amendments impacting more than 25 parcels or Ordinance amendments that
decrease residential density:
(i) Adjacent property owner notification is not required.
(ii) Owner notification is not required for lots less than 11,500 square feet and shown on
approved and recorded subdivision plat.
(E) Notice, as required above, shall be sent by registered or certified mail to the last known address of
such property owner(s) as shown on the current real estate tax assessment records. Notice may be
sent by first class mail; however, a representative of the County shall sign an affidavit that such
mailings have been made and file such affidavit with the papers in the case.
(F) The cost of all notice requirements shall be paid by the developer/applicant in addition to any other
fees involved in the application. The County shall bill the applicant for such costs.72
Section 3-11-3. Posting Notice on Property.73
(A) Additional notice of all public hearings involving Special Use Permits and rezonings shall be
provided by means of a sign or signs posted on the subject property which indicates that Zoning
action is pending. The Administrator shall provide the sign, of which the applicant shall be
responsible for posting and maintaining on the subject property as required below.
(1) The notice must be posted by Pittsylvania County on the subject property at least fourteen
(14) days preceding the public hearing on the proposed Special Use Permit or rezoning.
(2) Notice shall be removed no later than fourteen (14) days after the public hearing.
(3) The notice shall specify the date, time, and location of the public hearing.
(4) If the application addresses more than one property, signage shall be placed on each parcel.
(5) The sign shall be erected within ten (10) feet of whatever boundary line of such land abuts a
road and shall be so placed as to be clearly visible from the road, with the bottom of the sign
not less than two and one-half (2 1/2) feet above the ground.
(6) If more than one (1) road abuts the property, then a sign shall be erected in the same manner
as above for each such abutting road.
(7) If no road abuts the property, then signs shall be erected in the same manner as above on at
least two (2) boundaries of the property abutting land not owned by the property owner.
72 Editor’s Note: This is currently being done in practice, but new text has been added to formalize the process and
aid in administration.
73 Editor’s Note: This Section combines, consolidates, refines, and reorganizes text from Sections 35-816, 35-817, 35-
818, and 35-819 of the current Ordinance.
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(8) The notice shall be posted at reasonable intervals along roads abutting the subject property,
or if there is no abutting road, at the proposed road or entrance into the property, in locations
reasonably visible from existing roads.
(9) The holding of a public hearing or the validity of action on an application shall not be affected
by the unauthorized removal of a notice which has been posted in accordance with this
section.
(10) It shall be unlawful for any person, except the Administrator, to remove or tamper with any
sign furnished during the period it is required to be maintained under this Section.
(B) It shall be the duty of the property owner or applicant at the hearing to prove by affidavit to the
Department of Community Development that they have fully complied with the requirements of
this section and has continuously maintained the sign or signs, up to the time of the hearing.
Section 3-11-4. Waiver of Notice.74
Actual notice of, or active participation in, a public meeting for which written notice is required shall
waive the right of that party to challenge the validity of the proceedings based on failure of notice.
74 Editor’s Note: Proposed new text as a best practice.
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Packet Pg. 81 Attachment: Attachment D - Article 3 Permits and Applications (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
December 20, 2022
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Article IX. – Nonconforming Uses, Lots, and Structures.
Division 1. General.
Section 9-1-1. Intent.1
With the adoption of this Ordinance or subsequent amendments, there exists lots, structures, and uses
of land and structures in combination which were lawful before this Ordinance was adopted or
amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance
or future amendments. It is the intent of this Ordinance to permit these nonconformities to continue
as established prior to Ordinance adoption and in accordance with the Code of Virginia § 15.2-2307, as
amended.
Section 9-1-2. General.2
Except as otherwise provided in this Ordinance, any lawful use, building, or structure existing at the
time of an amendment to this Ordinance may be continued even though such use, building, or structure
may not conform to this Ordinance’s provisions and shall be deemed nonconforming. Whenever the
boundaries of a zoning district are changed, any uses of land or buildings which become nonconforming
shall become subject to the provisions of this Article. A change in occupancy or ownership shall not
affect the right for the nonconforming use to continue or the nonconforming building or structure to
remain.
Division 2. Standards for Nonconformities.
Section 9-2-1. Nonconforming Uses.3
(A) A legal nonconforming use may continue as it existed when it became nonconforming. A
nonconforming use shall not be reconstructed, relocated, altered, or expanded in any manner,
including the addition of new accessory uses, except as provided for in this Section.
(B) A nonconforming use may change to a conforming use.
(C) The nonconforming use may be extended throughout those parts of a building which are lawfully
and manifestly arranged or designed for such use at the time of enactment of this Ordinance
provided there are no structural alterations, expansion, or enlargement except those required by
law or lawful order.
(D) A nonconforming use may be changed to another nonconforming use of the same or of a more
restricted classification. Whenever a nonconforming use of land or buildings has been changed
1 Editor’s Note: Addition of a new intent statement to introduce this Article.
2 Editor’s Note: These provisions can be found in Sections 35-161 and 35-163 of the existing Ordinance. However, new
text has been proposed for clarity.
3 Editor’s Note: This is a new section proposed for introduction to provide thorough regulations for nonconforming
uses.
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December 20, 2022
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to a more restricted use or to a conforming use, such use shall not thereafter be changed to a
less restricted use.
(E) A nonconforming dwelling unit may have a home occupation subject to the requirements of
Article VI, Use Matrix, and Article VII, Use Performance Standards, of this Ordinance.
(F) A nonconforming use shall lose its nonconforming status and any further use shall conform to the
requirements of this Ordinance when:
(1) The nonconforming use is discontinued for a period of two (2) years and shall be deemed
abandoned.
(2) The nonconforming use is intentionally abandoned, regardless of the length of time that has
passed.
(3) The removal of a structure that had a nonconforming use carried out inside; removal of the
structure shall eliminate the nonconforming status of the land, and the nonconforming use
may not continue in a new structure.
(G) The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to
establish the existence of a nonconforming use, and the existence of a nonconforming use on a
part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or
tract.
(H) When evidence available to the Administrator is deemed to be inconclusive, whether a
nonconforming use exists shall be a question of fact and shall be decided by the BZA after public
notice and hearing as provided in Article III, Division 11 of this Ordinance, and in accordance with
the rules of the BZA as provided in Article II, Division 3 of this Ordinance.
Section 9-2-2. Nonconforming Lots of Record.4
(A) Any lot of record at the time of the adoption or amendment of this Ordinance which is less in
area and/or width than the minimum required by the zoning district may be used or built upon
in a manner consistent with the zoning district, provided that if minimum yard and/or setback
requirements of the zoning district cannot be met:
(1) The side yard requirements for existing nonconforming lots which are under 60 feet in width
may be reduced to 10% of the lot width. However, in no case shall the side yard requirement
be reduced to less than 10 feet; or
(2) A variance shall be obtained through the variance processes outlined in Article III, Permits
and Applications, of this Ordinance.
(B) A developed nonconforming lot may continue in existence but may not be altered except in
accordance with this Article.
4 Editor’s Note: This section is proposed to replace Section 35-165 of the existing Ordinance. New text is integrated
into existing text, which has been amended and reorganized for clarity and readability. New provisions include
provisions of (A)(2), (B), (C), and (D).
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December 20, 2022
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(C) Any lot which is reduced in size and becomes less in area or width than the minimum required by
the zoning district, as the result of the widening or realignment of any State or Federal highway
or by voluntary or required dedication of right-of-way along an existing State or Federal highway
by reason of any condemnation proceedings, shall be considered a nonconforming lot of record.
(D) A nonconforming lot may become a conforming lot by meeting the current minimum lot size, lot
width, and lot frontage requirements of the zoning district in which the lot is located through the
following actions:
(1) A consolidation of the nonconforming lot with an adjacent lot;
(2) A boundary adjustment between two contiguous lots, one being nonconforming and the
other being conforming, provided such adjustment does not make the conforming lot
nonconforming, does not create an additional lot, and does not increase the nonconforming
lot’s nonconformity; or
(3) Rezoning to a different zoning district to meet the lot size, lot width, and lot frontage
requirements of that district.
Section 9-2-3. Nonconforming Structures, Buildings, and Improvements.5
(A) The construction of a nonconforming building for which a permit was issued legally prior to the
adoption of this Ordinance may proceed in accordance with Article I, Division 4, of this Ordinance.
(B) A nonconforming structure or nonconforming improvement may continue as it existed when it
became nonconforming. A nonconforming structure or nonconforming improvement shall not
be reconstructed, altered, or expanded in any manner, except as provided in this Section.
(C) A nonconforming building or structure shall include those circumstances where the County has:
(1) Issued a building permit or other permit authorizing construction and the building or
structure was constructed in accordance with the building permit, and upon completion, the
County issued a certificate of occupancy; or
(2) The owner of the building or structure has paid real estate taxes to the County for such
building or structure for a period of more than the previous 15 years.
(3) In no instances shall the nonconforming circumstance of the structure relate, or provide
nonconforming status, to a use. Nonconforming uses are established as outlined in Section
9-2-1, above.
(D) Additionally, a nonconforming building or structure shall include those circumstances where:
(1) A permit was not required, and an authorized governmental official informed the property
owner that the structure would comply with the Zoning Ordinance; and
5 Editor’s Note: Most of the proposed text within Section 9-2-3 is new, as the current Ordinance only has minimal
provisions related to nonconforming structures, buildings, and improvements. Adding this section helps clarify
nuances between nonconforming structures versus uses. The County should consider whether it would like to include
any additional regulations or amend the regulations proposed here.
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Packet Pg. 84 Attachment: Attachment E - Article 9 Nonconforming Uses, Lots, Structures (3483 : Zoning Ordinance Update Presentation)
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December 20, 2022
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(2) The improvements were then constructed accordingly.
(3) However, in any proceeding when the authorized County official is deceased or unavailable
to testify, uncorroborated testimony of the oral statement of such official shall not be
sufficient evidence to prove that the authorized County official made such statement.
(E) A nonconforming structure may be changed to make it a conforming structure.
(F) A building or structure nonconforming only as to height, area, or bulk requirements may be
altered or extended, provided such alteration or extension does not increase the degree of
nonconformity in any respect.
(G) Any nonconforming building or structure may be brought into compliance with the Uniform
Statewide Building Code without affecting the nonconforming status of the building or structure.
(H) If a nonconforming structure is demolished or removed, no nonconforming structure shall be
reestablished, except as provided under Section 9-2-4, below.
(I) If a nonconforming structure is removed for any reason to another parcel of land, regardless of
distance, or the lot lines of the parcel on which it is located change, the structure shall thereafter
conform to the requirements of the district in which it is located.
Section 9-2-4. Repairs and Maintenance.6
(A) On any nonconforming structure or portion of a structure containing a nonconforming use, work
may be commenced in any period of 12 consecutive months if:
(1) Such repair constitutes routine maintenance necessary to keep the structure or improvement
in the same general condition it was in when it originally became nonconforming; or
(2) Such repairs constitute minor alterations, cosmetic modifications, interior renovations, and
similar changes.
(3) The cubic area of the structure, as it existed at the time of passage or amendment of this
Ordinance, shall not be increased.
(B) Nothing in this Ordinance shall permit a complete rebuild of a nonconforming structure, nor serve
to circumvent the requirements of this Article.
(C) Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe
condition of any structure or part thereof declared to be unsafe by any official charged with
protecting the public safety, on order of such official.
(D) If a nonconforming building or structure is damaged or destroyed, in part or in full, by fire, natural
disaster or other act of God, such building or structure may be repaired, rebuilt, or replaced
provided that:
6 Editor’s Note: This Section integrates text from Section 35-166 of the existing Ordinance; however, text has been
amended for clarity and reorganized for readability. Any new text is considered best practice, such as interior
renovations, or is added to meet the Code of Virginia requirements.
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Packet Pg. 85 Attachment: Attachment E - Article 9 Nonconforming Uses, Lots, Structures (3483 : Zoning Ordinance Update Presentation)
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December 20, 2022
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(1) The nonconforming features are eliminated or reduced to the extent possible, without the
need to obtain a variance;
(2) The owner shall apply for a building permit and any work done to repair, rebuild, or replace
such building shall be in compliance with the provisions of the Uniform Statewide Building
Code;
(3) The requirements of the Floodplain Overlay district regulations of this Ordinance are met, if
applicable; and
(4) The work is done within two years of the date of such damage, unless the building is in an area
under a federal disaster declaration and was damaged or destroyed as a direct result of the
disaster, in which case the time period shall be extended to four years.
(E) Owners of property damaged by an accidental fire have the same rights to rebuild such property
as if it were damaged by an act of God. Nothing herein shall be construed to enable the property
owner to commit an arson and obtain vested rights under this Section.
(F) If a nonconforming mobile home is removed other than by natural disaster, an act of God, or public
action, it may not be replaced except as provided for below unless it complies with regulations
within the Ordinance. Any such replacement home shall retain the valid nonconforming status of
the prior home.
(1) Nothing in this Section shall be construed to prevent the landowner or homeowner from
removing a valid nonconforming manufactured home from a mobile or manufactured home
park and replacing that home with another comparable manufactured home that meets the
current HUD manufactured housing code. In such mobile or manufactured home park, a single-
section home may replace a single-section home and a multi-section home may replace a
multi-section home.
(2) The owner of a valid nonconforming mobile or manufactured home not located in a mobile or
manufactured home park may replace that home with a newer manufactured home, either
single- or multi-section, that meets the current HUD manufactured housing code.
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Packet Pg. 86 Attachment: Attachment E - Article 9 Nonconforming Uses, Lots, Structures (3483 : Zoning Ordinance Update Presentation)
Pittsylvania County Zoning Ordinance Update
December 20, 2022
Pertinent Definitions for Review – Worksession #2
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Editor’s Note: These definitions are included for review, and to aid in understanding the concepts of the
Articles being reviewed during this Worksession. They will be placed in Article X – Definitions following the
review of the Planning Commission and Board of Supervisors.
Definitions for Articles I, II, III, and IX.
Act of God. Any natural disaster or phenomena including, but not limited to, a hurricane, tornado,
storm, flood, high water, wind-driven water, tidal wave, earthquake, or fire caused by lightning or
wildfire.
Administrator. The official of the County, or an authorized agent thereof, charged with the
administration and enforcement of the Zoning Ordinance, also referred to in this Ordinance as the
Zoning Administrator.
Amendment. A change in the text or in the official Zoning Map which is a part of this Ordinance.
Application. A request completed on a form or forms with all accompanying documents, exhibits,
and fees required, indicating a desire to be granted a permit, amendment, or other action under
the provisions of this Ordinance.
Board of Supervisors (BOS). The County’s governing body. Board of Supervisors members are
elected by popular vote and are responsible for enacting ordinances, imposing taxes, making
appropriations, and establishing County policy. The Board of Supervisors adopts the
Comprehensive Plan, zoning, and subdivision regulations.
Board of Zoning Appeals (BZA). A quasi-judicial board appointed to review Special Use Permits,
Variances, and requests for appeals made by individuals with regard to decisions of the Zoning
Administrator in the interpretation of this Ordinance and to authorize, upon appeal, variances
from the terms of this ordinance when justified by special conditions.
Boundary. A line, which may or may not follow a visible feature, that defines the limits of a
geographic entity such as a zoning district, block, census tract, county, or place.
Building Official. An appointed official of Pittsylvania County who is responsible for certifying
building inspections, and who administers and enforces the provisions of the Pittsylvania County
Building Code.
Certificate of Occupancy. The certificate issued by the Building Official that is required under the
Uniform Statewide Building Code prior to the use or occupancy of certain buildings and structures.
Code of Virginia. The laws which govern the territory and political subdivisions of the
Commonwealth of Virginia. The term "Code of Virginia" shall include "as amended."
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Comprehensive Plan. A general document designating the general or approximate location,
character, and extent of each feature; appliable to all physical development of the territory within
the jurisdiction of Pittsylvania County. The Comprehensive Plan shall be made with the purpose of
guiding and accomplishing a coordinated, adjusted, and harmonious development of the territory
which will, in accordance with present and probable future needs and resources, best promote
the health, safety, morals, order, convenience, prosperity, and general welfare of the inhabitants,
including the elderly and persons with disabilities.
Concept Plan. A generalized plan indicating the boundaries of a tract or tracts of land, and
presenting the general arrangement of proposed facilities, uses, structures, and improvements.
Conditional Zoning. A method for rezoning that permits the reasonable and orderly development
and use of land in specific, unique circumstances through the allowance of reasonable conditions
governing the use of the property, when the existing zoning district regulations are not adequate.
District. See Zoning District.
Governing Body (also referred to as Legislative Body). The Pittsylvania County Board of Supervisors.
Jurisdiction. The area or territory subject to the legislative control of the Governing Body.
Lot. A parcel of land intended to be separately owned, developed, or otherwise used as a unit,
established by plat, subdivisions, or as otherwise permitted by law. May also be referred to in this
Ordinance as a “parcel”.
Lot of record. A lot which has been recorded in the Clerk's Office of the Circuit Court of Pittsylvania
County.
Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area
and width requirements of this Ordinance for the district in which it is located either at the
effective date of this Ordinance or as a result of subsequent amendments to the Ordinance.
Nonconforming structure. An otherwise legal building or structure that does not conform with the
lot area, yard, height, lot coverage, or other area regulations of this Ordinance, or is designed or
intended for a use that does not conform to the use regulations of this Ordinance, for the district
in which it is located, either at the effective date of this Ordinance or as a result of subsequent
amendments of the Ordinance.
Nonconforming use. The otherwise legal use of a building or of a tract of land that does not
conform to the use regulations of this Ordinance for the district in which it is located, either at the
effective date of this Ordinance or as a result of subsequent amendments to this Ordinance. Any
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use that was unlawful on the Date of Adoption of this Ordinance shall remain unlawful and shall
not be a nonconforming use.
Planning Commission. A board of the local government consisting of such appointed members
whose functions include advisory or nontechnical aspects of planning and may also include such
other powers and duties as may be assigned to it by the Board of Supervisors.
Proffer. A voluntary offer that addresses an impact or impacts from use of property or
development, tendered by an applicant for conditional rezoning.
Public hearing. A meeting announced and advertised for soliciting formal public comment on
matters under consideration.
Rezoning. A request to change the zoning classification of a particular lot of land.
Site Development Plan. A plan prepared by a professional engineer or land surveyor licensed by
the state and illustrating a proposed development or a subdivision including all covenants, grants,
or easements and other conditions relating to use, location, and bulk of buildings, density of
development, common open space, public facilities, and such other information as required by
the Zoning Ordinance, Subdivision Ordinance, or other applicable ordinances.
Special Use Permit. An approval for a use that may be appropriate in a zoning district, but because
of its nature, extent, and external effects, requires special consideration and restrictions relating
to its location, design, and methods of operation before it can be deemed appropriate in the
district and compatible with its surroundings.
Variance. 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 which
is not created by the owner, relief or remedy is not available through this ordinance, and such
need for a variance would not be shared generally by other properties, and provided such variance
is not contrary to the purpose of the Ordinance.
Vested Right. Any written order, requirement, decision, or determination regarding the
permissibility of a specific use, structure, or density of a landowner's property that constitutes a
significant affirmative governmental act pursuant to Code of Virginia § 15.2-2307 and is issued in
strict accordance with the requirements of this Ordinance.
Zoning Administrator. See Administrator.
Zoning approval. Includes Special Use Permit, conditional zoning, variance, administrative
modifications, substantial accord, rezoning, and zoning permit approvals.
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Zoning District. A specifically delineated section of the County in which the regulations are uniform
and so designated on the Zoning Map.
Zoning Permit. A permit issued by the Zoning Administrator on an appropriate form or certificate
which certifies that a building or use of property complies with the regulations of the Zoning
District in which the building or use is located.
Zoning Map. A legally adopted map depicting the location of each zoning district of the county and
all amendments thereto.
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Packet Pg. 90 Attachment: Attachment F - Pertinent Definitions (3483 : Zoning Ordinance Update Presentation)
Development Proposal
Anywhere, USA
Concept Plan Typical Requirements:
Accompanying Narrative:
Mapped Plan:
Concept Plan Example:
A plan of the property showing all
property lines, existing streets,
and subdivisions
General location and
type of proposed uses
Relationship of the proposal to the
Comprehensive Plan and nearby areas
Total number, density, lot size, and
type of proposed dwelling units
General location of natural areas,
steep slopes, proposed open space,
recreation amenities, and landscaping
Layout, character, and orientation of
proposed buildings and improvements
General location and information on
proposed roads, parking, pedestrian
and bike amenities, public utilities,
and storm drainage systems
Proposed amenities serving the development
Proposed development schedule
Any other narrative specified in the
application requirements or by the
Zoning Administrator
Written analysis of public facilities
and infrastructure required to serve
the proposed development
What is a Concept Plan?
Purpose of Concept Plans
Concept plans are typically required during the rezoning and/or conditional use permit process. Because they are general in nature, concept plans represent a lower level of investment than engineered site plans. This reduces the property owner’s risk associated with land use applications that require legislative action, thereby lowering a potential barrier to development.
Concept plans:
• Allow flexibility in final development and use types
• Are adaptable to changes in market conditions
• Encourage comprehensive planned development
• Allow site plan costs to be incurred by individual developers/users within a planned development
• Are not subject to approval time frames required by site plans
• If proffered during rezoning, becomes part of the zoning regulations in perpetuity, unless altered through another rezoning process
A concept plan is a generalized plan indicating the boundaries of proposed development and presenting the
general arrangement of proposed buildings, uses, structures, and improvements. Concept plans are also
sometimes referred to as general plans or generalized development plans.
CONCEPT PLAN VS. SITE PLAN GUIDEDEVELOPMENT REVIEW GUIDEConcept Plans
The Berkley Group | bgllc.net
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Packet Pg. 91 Attachment: Attachment G - Development Guide (3483 : Zoning Ordinance Update Presentation)
Proposed project title, owner, engineer name, designer or architect and developer
North arrow, scale and date
Small map of the project location
(north arrow, scale and location
features such as water or landmarks)
Land use of project site, adjacent
sites and proposed use changes
Topography of the project and
neighboring areas
Location of proposed recreation,
open space and school sites
Number of dwelling units, floors
and estimated height per structure
Measured distance between
proposed structures, and
between structures and lot lines
Total number of dwelling units by
type and dwelling units per acre
Percentage of the site covered by
open space and impervious
surface after development
Location, height and materials of
fences, walls and landscaping
Location of all setbacks,
easements and rights-of-way
The boundaries of the project,
property lines and features
Subdivision name, tax map parcel
number and route number
Location and size of
existing and planned above
and underground utilities
Location of easements of planned
above and underground utilities
Location of existing and
proposed structures
Location of road, driveway and
parking infrastructure
Location of existing wooded
areas and proposed cleared areas
Site Plan Typical Requirements:
A locality can require preliminary and final site plans. Preliminary site plans give the locality the opportunity to review
development proposals to offer feedback to the applicant and clarify terms and conditions of final approval. A preliminary
site plan should include:
An environmental assessment or
limit of resource protection areas
and applicable buffers.
100-year floodplain and
drainage districts
What is a Site Plan?
Types of Site Plans
Many communities require a preliminary site plan review prior to submission of the final site plan. This review process
helps to identify and resolve issues early in the planning and design process, which saves developers/owners costly
changes later on. It promotes more effective oversight and improved compliance with local policies and regulations. It is
common that the locality stipulate the size or type of project that requires preliminary approval. A preliminary site plan
is more schematic in nature, while final site plans may require additional engineering calculations for grading, utilities,
stormwater, roads, etc.
Depending on the size of the project, localities can require minor or major site plans. Minor site plans are less
detailed and are typically required when the project does not require consideration for stormwater management
(typically projects less than 2500 square feet).
A site plan is a plan prepared by a professional engineer or land surveyor showing all proposed construction and
improvements to a site. A site plan should show compliance with local ordinances and include all covenants,
grants, or easements and other conditions relating to use, location, density, and bulk of buildings, open space,
public facilities, or other information required by the locality. Preliminary and final site plans are subject to
approval and validity time periods as set by state code. (Virginia Code §§ 15.2-2241 through 15.2-2246)
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DEVELOPMENT REVIEW GUIDESite Plans
5.a.i
Packet Pg. 92 Attachment: Attachment G - Development Guide (3483 : Zoning Ordinance Update Presentation)
Development Proposal Anywhere, USASee the Legend above for a list of included elements.
View the numbered elements for callout examples.
Number of dwelling units, floors
and estimated height per structure
Location of road &
parking infrastructure Site Plan Example:
Basis for Approval Best Practices
Project title,
owner, engineer
name, architect
and developer
Scale & date
Subdivision
name & tax
map number
Location and
size of planned
underground
infrastructure
A site plan may be approved only based on
whether it complies with all applicable
regulations. The comprehensive plan may
not be used to deny a site plan that
conforms to adopted ordinances and
regulations. Once a developer has
complied with all existing ordinances, the
function of approving a site plan becomes
ministerial, and the plan must be approved
– either by the governing body or
delegated agent, as set by local code.
Site plans are subject to specific approval time frames as set by
state code. To ensure timely action, localities can:
• Ensure that applications are complete before a site
plan is deemed “submitted”.
• Require a preliminary conference before
submission to help applicants understand requirements.
• Require submittal of a preliminary site plan to ensure
compliance with regulations prior to full engineering.
• Delegate site plan approval to an administrative agent.
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DEVELOPMENT REVIEW GUIDESite Plans
5.a.i
Packet Pg. 93 Attachment: Attachment G - Development Guide (3483 : Zoning Ordinance Update Presentation)
What Are Legally Nonconforming Lots, Structures, and Uses?
How Do Lots, Structures, or Uses Become Nonconforming?
When a locality amends its zoning ordinance and the new zoning regulations are
more restrictive, some existing lots, structures, or uses may not be in conformance
with the new regulations.
GUIDE TO NONCONFORMITIES
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Examples ofmore-restrictive regulations:
• Increase minimum lot area
• Increase minimum lot frontage
• Decrease maximum height
• Increase minimum setbacks
• Change of district uses
State Code requires for a locality to
permit the continuation of a
nonconforming use if the use is not
discontinued for longer than two
years and structures are maintained.
When a nonconforming use is
discontinued for more than two
years, its nonconforming status is
lost and the use can not then be
resumed.
Example of a nonconforming use:
If a store is located in a district that
once allowed commercial uses, but
due to zoning amendments, com-
mercial uses are no longer permit-
ted, the store will become a noncon-
forming use. The store is allowed to
remain operable, so long as the store
is not closed for business for longer
than a two year period.
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. Often, these situations are referred to as “grandfathered” lots,
structures, or uses.
State Code Section § 15.2-2307 allows localities to permit nonconforming lots,
structures, and uses to continue, provided they are not enlarged, extended, reconstructed,
or structurally altered unless such changes comply with current zoning regulations. State
Code provides for special considerations where a locality has issued permits and/or all
local taxes have been paid for the previous fifteen years.
State Code requires that if a
nonconforming structure is dam-
aged or destroyed by fire, natural
disaster or other act of God, such
structure may be repaired, rebuilt or
replaced in a manner which would
eliminate or reduce nonconforming
features without the need for a
variance.
If the damage is greater than 50
percent, a structure may be repaired,
rebuilt or replaced even if the recon-
struction is to its original noncon-
forming condition without the need
for a variance. Any reconstruction
must be in compliance with building
and floodplain regulations.
See page 2 for an example of a
nonconforming structure.
Some communities require a variance
to develop a vacant nonconforming
lot. Others may allow development
without a variance if setback or other
requirements are met.
Reconstruction, alteration, or expan-
sion of an existing building on a
nonconforming lot should not
increase the nonconformity.
Example of a nonconforming lot:
If a lot was legally divided and record-
ed at 2 acres, but due to zoning
amendments, the minimum lot size is
increased to 3 acres, the lot becomes
a nonconforming lot. The lot is
allowed to be used and built on if
other regulations are met.
Structures UsesLots
5.a.j
Packet Pg. 94 Attachment: Attachment H - Nonconforming Guide (3483 : Zoning Ordinance Update Presentation)
GUIDE TO NONCONFORMITIES
The Berkley Group | bgllc.net
How Do I Expand My Nonconforming Structure?
In this example, a citizen owns property in a residential district. When the home was built, it complied with the
existing setbacks. When the zoning ordinance was amended, some setback regulations became more restric-
tive. The front setback was increased an additional fifteen feet, resulting in a more restrictive setback.
As a result, the house no longer meets the setback and becomes a nonconforming structure.
Original
F
r
o
n
t
S
e
t
b
a
c
k
Road /
Ri
g
ht-
of-
W
a
y
Si
d
e
S
e
t
b
a
c
k
Rear
Setback
Increa
s
e
d Front S
e
t
b
a
c
k
Original Front Setback:
30’ Minimum
Side Setback:
15’ Minimum
Rear Setback:
15’ Minimum
Increased Front Setback:
45’ Minimum
Where there is interest in expanding a nonconform-
ing structure, a lot may be enlarged to provide more
space. Otherwise, additions would need to fit
outside of the remaining setback boundaries.
In this diagram, the portion of the structure shown
in red extends into the increased front setback.
Areas where an expansion is permitted are identified
in yellow.
Rear Setback
Side SetbackIncreased Front Setback
Original Front Setback
Road / Right-of-WaySide SetbackExisting
Structure
How Does a Structure Become Nonconforming?
Note:
This is a generalized example. Specific requirements
vary from community to community. Requirements
may include square footage caps on expansions or
the need for a variance.Buildable Area5.a.j
Packet Pg. 95 Attachment: Attachment H - Nonconforming Guide (3483 : Zoning Ordinance Update Presentation)