What is a Rezoning?

Application_2ndSub_Carters Crossing COD REVISED 10-28-14-29A Rezoning changes the zoning district for a property. The Rezoning process allows any owner or contract purchaser of land in Fauquier County to apply to the County Board of Supervisors (BOS) to change the zoning district designation of the property to another zoning district. 

Rezoning applications in Fauquier County go through a two-step public hearing process. The first public hearing is before the Planning Commission, which makes an advisory recommendation to the Board of Supervisors. The second public hearing is held by the Board of Supervisors, which makes the decision on whether the rezoning application is approved or denied. An appeal of a decision of the Board of Supervisors may be filed in Circuit Court within thirty (30) days of the Board of Supervisor's decision.

The review process for a rezoning generally takes a minimum of four (4) months. However, the process may be delayed due to the circumstances of the individual application or because the applicant has asked that the request be tabled.

Rezoning requests petitioned by property owners, may be submitted at any time provided such request includes no residential component. Rezoning requests that include a residential component may only be filed on December 1st and June 1st. Additionally, when the Rezoning request also requires a Comprehensive Plan Amendment, the Rezoning request may not be filed until the Comprehensive Plan Amendment is approved by the County.

For a brief summary please see our Residential and Mixed Use Rezoning Brochure and our Commercial and Industrial Rezoning Brochure.

No application for a Special Permit or Special Exception for any proposal including a residential use shall be filed when a Rezoning or Zoning Ordinance text amendment is required. Such related zoning map amendment or zoning text amendment shall be approved by the Board before any related application may be filed.

Rezoning/Rezoning Amendment Application Process:

1. Pre-Application Meeting

  • The Pre-Application meeting will allow staff and outside review agencies to provide initial guidance to the Applicant regarding the project, and outline the regulatory/approval process(es) applicable to the proposed development.  The Applicant is responsible for bringing a plat, Illustrative/Concept Development Plan for the proposed use and any other pertinent information such as Special Exception, Rezoning or Comprehensive Plan Approval (Conditions, Proffers, etc.) to the meeting.  Please contact the Planning Division at 540-422-8210 to schedule a Pre-submission Meeting.
  • A Pre-Application Meeting may not be required for Rezoning Amendments. 
  • In Response to Code of Virginia § 15.2-2303.4 Fauquier County has strictly limited all communications with property owners or applicants regarding potential or actual residential rezoning projects in the County. Only after a fee has been paid and an application filed that contains clear acknowledgment language regarding the rezoning process and its limitations, may the Director of Community Development and his/her designee meet or otherwise discuss with property owners or applicants any matter related to the intake or review of residential rezoning projects. See Procedure for Residential Rezoning Applications. Therefore, a Pre-Application Meeting will not be held (is not required) for residential rezoning applications. Staff will meet with a potential applicant to discuss the process and/or submission requirements.

2. Formal Application

  • Once the Pre-Application meeting is held, an application may be filed. The application must be filed no later than 60 calendar days prior to the Planning Commission's meeting. The Planning Commission meets the third Thursday of each month in the Warren Green Building at 10 Hotel Street, Warrenton, Virginia, 20186. Filing deadlines for can be found on the Planning Commission page.
  • Residential and Mixed Use Zonings may only be filed on December 1st and June 1st.

Rezoning Application Submission Requirements:

  • Land Development Application with original signatures
  • Fee Calculation Sheet
  • Fee
  • Rezoning Checklist signed by the surveyor or engineer
  • Conflict of Interest Statement
  • 10 copies of Statement of Justification
  • 10 copies of proffer statement
  • 10 copies of Rezoning Plat or Concept Development Plan (folded)
  • 10, 11"x17" reductions of Rezoning Plat or Concept Development Plan
  • For any proposal with a residential component, 10 copies of a detailed analysis addressing how proposed proffers are directly attributable to mitigating the impacts of the proposed project is required.
  • Traffic Impact Analysis
    • VDOT Chapter 527 Review (if needed). For any proposal with a residential component, detailed analysis addressing how proposed proffers are directly attributable to mitigating the impacts of the proposed project is required.
    • Fee check: $1,000 made to "Fauquier County Treasurer"
    • A separate fee check made to "The Treasurer of Virginia" for $1,000 will also be collected if a Chapter 527 Review is required.
  • Flash drive containing individual PDFs of all submission materials - do not include any financial information (i.e., copy of checks or the fee calculation sheet).
  • Posting Affidavit (detailed below in Public Hearing section)
  • Rezoning Affidavit (to Accompany Residential or Mixed Use Rezoning Application)

Note: Contact the case manager (540-422-8210) identified during the Pre-Application meeting to determine if additional copies of materials are needed. 

 Rezoning Amendments also require the following:

  • 10 copies of original Rezoning submission to include Statement of Justification, Proffer Statement, Rezoning Plat or Concept Development Plan (folded) and any other pertinent documents
  • 10 copies of amended Statement of Justification, if applicable
  • 10 copies of amended Proffer(s), if applicable
  • 10 copies of amended Concept Development Plan (folded), if applicable
  • For any proposal with a residential component, 10 copies of a detailed analysis addressing how proposed proffers are directly attributable to mitigating the impacts of the proposed project is required.

3. Planning Commission Public Hearing

  • After an application has been accepted, it will be reviewed by various County and State agencies.  Staff will send letters to adjoining property owners notifying them of the Planning Commission meeting. The applicant is required to post notice signs (prepared by staff) on the property at least 15 days prior to the Planning Commission hearing date, and then to provide an affidavit to staff showing that the posting was done at the required time.
  • Staff will prepare a report on the application. This staff report will be provided to the Planning Commission.  Copies of the report will also be available to the public and online at the county's NOVUS Agenda Page
  • The day of the Planning Commission meeting, a work session is typically held, and applicants are encouraged to attend.
  • The Planning Commission holds its public hearing in the evening, starting at 6:30 p.m. The applicant and public will have the opportunity to speak at the hearing. After the public hearing is held, the Planning Commission can recommend approval, recommend denial, or defer the item for further consideration. If the PC defers the item, it will be brought back at a future meeting date for action.

4. Board of Supervisors' Public Hearing

  • Once the Planning Commission makes its recommendation, the item moves forward for the Board of Supervisors' consideration. The Board of Supervisors meets the second Thursday of each month. Typically a case acted upon by the Planning Commission goes to the Board of Supervisors the next month.
  • Prior to the meeting date, notices are again sent and posting is required just as it was with the Planning Commission meeting.
  • Staff will prepare an updated report for the Board of Supervisors. After the public hearing, the Board of Supervisors can approve the application, deny the application, or defer the item for further consideration.
  • After the Board of Supervisors takes its final action, if approved, the applicant will receive an approval letter from staff regarding the Rezoning. Site plans and building permits are required for any new construction.

FAQs

  • What is a Rezoning?
  • When do I need a Rezoning?
  • How do I apply for a Rezoning?
  • Is there a Rezoning application fee?
  • Is there a deadline for filing a Rezoning application?
  • How long does it take to get a Rezoning?
  • How long is a Rezoning valid?
  • How can I learn more about the Rezoning process?
  • What is a Proffer Amendment?
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