[Amended 6-13-1990]
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changed, modified or repealed by the Board.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:
A.
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.
[Amended 6-9-1993]
B.
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.
C.
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.
D.
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.
[Amended 6-9-1993]
E.
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.
[Amended 11-12-2003]
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.
[Amended 11-12-2003]
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.
[Amended 2-24-2010]
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.
A.
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.
B.
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.
C.
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.
D.
The impact analysis shall include the following:
(1)
The use of surrounding land and potential economic,
physical, visual, nuisance and other impacts on surrounding properties.
(2)
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.
(3)
The anticipated methods by which sewer and water
facilities will be provided to the site.
(4)
The anticipated increase in potential population
resulting from the rezoning, including the potential increase in population
in various age groups.
(5)
The projected additional demand for school facilities,
public parks and recreational facilities, solid waste facilities,
emergency services facilities and other public facilities.
(6)
Anticipated stormwater impacts.
(7)
The location of important environmental features
on the site and anticipated environmental impacts.
(8)
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.
A.
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]
(1)
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.
(2)
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.
C.
Types of proffers. The types of conditions proffered
shall include but need not be limited to the following:
(1)
Limitations on the use of the land.
(2)
Limitations on the type of housing provided.
(3)
Limitations of the size or locations of buildings
or structures.
(4)
Limitations on the density or intensity of the
use.
(5)
Conditions on the appearance or maintenance
of structures or uses.
(6)
Conditions preventing smoke, odors, fumes, dust,
noise, traffic congestion or flooding.
(7)
Conditions or limitations on the location and
nature of entrances and driveways.
(8)
Conditions concerning the number, location and
design of parking and loading spaces.
(9)
Landscaping provisions.
(10)
Provisions concerning outdoor storage and processing.
(11)
Building height limitations.
(12)
Provisions for stormwater management and environmental
protection.
(13)
Preservation and protection provisions for trees,
woodland, streams or other natural features.
(14)
On-site or off-site sewer or water improvements.
(15)
On-site or off-site drainage improvements.
(16)
On-site or off-site road, entrance or driveway
improvements.
(17)
A particular master development plan or plan
features or site layout features.
(18)
Preservation of historic structures and sites
located on the land to be rezoned.
(19)
Buffer, screening and separation features.
(20)
Requirements concerning the phasing or timing
of development.
(21)
The dedication of land for planned roads or
for facilities identified in the Frederick County Capital Improvements
Plan.
(22)
The construction of planned roads or necessary
road improvements.
(23)
The construction of facilities identified in
the Frederick County Capital Improvements Plan.
(24)
Cash contributions for road improvements or
for planned facilities identified in the Frederick County Capital
Improvements Plan.
(25)
Other conditions used to lessen or mitigate
the impacts identified in the impact analysis.
E.
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.
[Added 12-9-2009[1]]
F.
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.
G.
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[2] 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:
[Amended 12-9-2009]
(1)
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.
(2)
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.
(3)
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.
(4)
Failure to meet or comply with any such conditions
shall be sufficient cause to deny the approval of site plans subdivision
design plans, or the issuance of building permits, occupancy permits
or other permits or licenses, as may be appropriate.
[2]
Editor's Note: The Zoning Map is on file and
available for inspection in the office of the Zoning Administrator.
