The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by the Board. Any such amendment may be initiated by one of the following methods:
Petitions for changes in zoning district boundaries (rezonings) shall be filed with the Department of Planning and Development. Such requests shall be on a standard form provided for this purpose. Such petition shall include an adequate survey or other legal description of the land area to be rezoned. Every application or reapplication shall be signed by the landowner and applicant if the applicant is not the landowner. The Department of Planning and Development may require that the application for rezoning be reviewed by various agencies concerned with the use of the land.
Every application for rezoning shall include proof that all property taxes due and payable to the County are paid and that no delinquent taxes are outstanding.
Fees. Every petition of application or reapplication for rezoning shall be accompanied by a fee as established by a fee schedule separately adopted by the Board of Supervisors. This fee shall be intended to cover the costs and expenses associated with the processing and review of the petition or application or reapplication.
Procedures. As soon as a completed application and fees have been received, the Department of Planning and Development shall advertise the application for a public hearing at the next available Planning Commission meeting according to the requirements of the Code of Virginia, as amended.
Signs. At the time of application for rezonings, the applicant shall post, on the properties for which rezoning is sought, a sign with full information on the change sought. Such sign shall be placed at the front property line and be maintained so as to be legible from adjoining roads and properties until the date of the hearings.
The Planning Commission shall hold at least one public hearing on any proposed amendment after notice as required by § 15.2-2204 of the Code of Virginia and may make appropriate changes in the proposed amendment as a result of such hearing. Upon the completion of its work, the Commission shall present the proposed amendment to the Board, together with its recommendations and the appropriate explanatory materials to the Board of Supervisors. The Planning Commission shall present its recommendations to the Board within 90 days after the first Commission meeting following the referral of the amendment to the Commission.
Before approving and adopting any amendment, the Board shall hold at least one public hearing thereon, pursuant to public notice as required by § 15.2-2204 of the Code of Virginia, after which the Board may make appropriate changes or corrections in the proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by § 15.2-2204 of the Code of Virginia. An affirmative vote of a majority of the members of the Board shall be required to amend this chapter. The Board shall act on rezoning petitions within 12 months of the time when the petition was received by the Zoning Administrator. Should a request for a rezoning be disapproved by the Board of Supervisors, at least 12 months shall expire before another application for rezoning of substantially the same land to the same zoning district designation shall be considered.
A report analyzing the impacts of any rezoning shall be required to be submitted by the applicant with any application for rezoning. The Director of Planning and Development may exempt rezoning applications from this requirement if the application is for less than five acres and if no significant impacts are anticipated.
The impact analysis shall be in the form of a report meeting standards set forth in the Comprehensive Plan and standards published by the Department of Planning and Development. The Director of Planning and Development shall determine which issues need to be addressed.
The impact analysis shall include a Traffic Impact Analysis (TIA) which shall be prepared and submitted to the Department of Planning and Development in accordance with the adopted Traffic Impact Analysis Standards.
In general, the impact analysis shall assume the maximum density or intensity of development allowed under the rezoning classification. Lesser densities or intensities can be assumed if such lesser densities or intensities are proffered as conditions on the rezoning. In general, the maximum possible impacts shall be assumed unless conditions are proffered to lessen those impacts. The impact analysis may be based on a particular master development plan or site plan only if that plan is proffered as a condition of the rezoning.
The impact analysis shall include the following:
The use of surrounding land and potential economic, physical, visual, nuisance and other impacts on surrounding properties.
The anticipated increase in traffic to be generated as a result of the rezoning, anticipated entrance locations, anticipated changes in traffic patterns and turning movements on public streets and anticipated impacts on the capacity and efficiency of existing and planned public roads.
The anticipated methods by which sewer and water facilities will be provided to the site.
The anticipated increase in potential population resulting from the rezoning, including the potential increase in population in various age groups.
The projected additional demand for school facilities, public parks and recreational facilities, solid waste facilities, emergency services facilities and other public facilities.
Anticipated stormwater impacts.
The location of important environmental features on the site and anticipated environmental impacts.
The location of historic structures and sites in relation to the site and impacts on those historic structures and sites.
The applicant for a rezoning may proffer in writing, before the public hearing by the Board of Supervisors, conditions to be placed on the approval of the rezoning.
Procedures. Proffers shall be presented to and considered by the Planning Commission at the advertised public hearing for the rezoning. The Planning Commission shall make a recommendation on the acceptance of the proffers and the rezoning to the Board of Supervisors following the procedures described for amendments to this chapter. Proffers shall be received in writing, signed by the owner and applicant, at least five days prior to the advertised hearing of the Board of Supervisors.
[Amended 12-9-2009; 5-25-2011]
The Board of Supervisors may amend proffers once the public hearing has begun, or thereafter, if the amended proffers do not affect the conditions of use or density in such a way as to make the use or density of the property more intense than originally proposed. Once proffered and accepted as part of an amendment to the Zoning Ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance.
Proffer amendments. In accordance with § 15.2-2302 of the Code of Virginia, when an amendment to a previously approved proffered condition is requested by the profferor, and where such amendment does not affect conditions of use or density, and when the proposed amendment provides a benefit to the County, the Board of Supervisors may waive the requirement for a public hearing. Once so amended, the proffered conditions shall continue to be an amendment to the Zoning Ordinance and may be enforced by the Zoning Administrator pursuant to the applicable provisions of this chapter.
Types of proffers. The types of conditions proffered shall include but need not be limited to the following:
Limitations on the use of the land.
Limitations on the type of housing provided.
Limitations of the size or locations of buildings or structures.
Limitations on the density or intensity of the use.
Conditions on the appearance or maintenance of structures or uses.
Conditions preventing smoke, odors, fumes, dust, noise, traffic congestion or flooding.
Conditions or limitations on the location and nature of entrances and driveways.
Conditions concerning the number, location and design of parking and loading spaces.
Provisions concerning outdoor storage and processing.
Building height limitations.
Provisions for stormwater management and environmental protection.
Preservation and protection provisions for trees, woodland, streams or other natural features.
On-site or off-site sewer or water improvements.
On-site or off-site drainage improvements.
On-site or off-site road, entrance or driveway improvements.
A particular master development plan or plan features or site layout features.
Preservation of historic structures and sites located on the land to be rezoned.
Buffer, screening and separation features.
Requirements concerning the phasing or timing of development.
The dedication of land for planned roads or for facilities identified in the Frederick County Capital Improvements Plan.
The construction of planned roads or necessary road improvements.
The construction of facilities identified in the Frederick County Capital Improvements Plan.
Cash contributions for road improvements or for planned facilities identified in the Frederick County Capital Improvements Plan.
Other conditions used to lessen or mitigate the impacts identified in the impact analysis.
Recordation of proffers. If the Frederick County Board of Supervisors approves proffered conditions as part of a rezoning the Zoning Administrator or County Attorney shall, within 10 days of the Board's actions present the written proffer to the Frederick County Clerk of the Circuit Court for recordation.
Amendment of conditions. Once accepted and adopted by the Board of Supervisors, such conditions may only be changed through the procedures required for ordinance amendments as described by this section.
Enforcement of conditions. The Zoning Administrator shall keep records of all conditions attached to rezonings, which shall be readily accessible to the public. The Zoning Map shall show by appropriate symbol the existence of conditions accepted for rezonings. In addition, the Zoning Administrator shall maintain a conditional zoning index which shall provide for ready access to the conditions created. The Zoning Administrator shall enforce the conditions attached to the rezoning using the following means:
The Zoning Administrator shall be vested with all necessary authority on behalf of the Board of Supervisors to enforce conditions that are attached to a rezoning which have been proffered by an applicant for rezoning and accepted by the Board of Supervisors.
The Zoning Administrator may, in exercise of his discretion, issue a violation notice and correction order that orders the remedy of any noncompliance with any such conditions, or brign legal action to ensure compliance, including injunction, abatement or other appropriate action or proceeding, including the institution of criminal process, or any combination of the above deemed necessary to obtain compliance.
The requiring of a guaranty, satisfactory to the Board of Supervisors, in an amount sufficient for the construction of any improvements required by the conditions or a contract for the construction of such improvements. The applicants guaranty shall be reduced or released by the Zoning Administrator upon the completion, in whole or in part, of such improvements.
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Zoning Administrator.