PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date: 

Department of Community Development

February 18, 2003

Staff Lead:

Department: 

Carolyn Bowen, Zoning Administrator

Community Development

Topic: 

Amendment to Section 5-015 (Revocation of a Special Permit or Special Exception) of the Zoning Ordinance

Topic Description:

This proposed Zoning Ordinance text amendment would clarify the language contained in the Ordinance and bring the Section into accord with the language in the Code of Virginia.  

The Code of Virginia states a special exception or a special permit may not be revoked unless proper notification and hearing are provided to the holder of the special exception or special permit.  The current language in the Zoning Ordinance states:  

“before revoking any special permit or special exception, however, the BZA or Board  shall give the holder thereof at least ten (10) days written notice of violation.  If within  such ten (10) days, the exception holder so requests, the BZA or Board shall hold a hearing  on the revocation of the permit or exception and shall give the applicant at least ten (10) days advance written notice of the hearing date either by registered mail or  by having the notification served personally on him.”  

The current language of the Ordinance allows the BZA or Board to revoke the permit or exception via the original letter of violation, if the holder does not request a hearing before the issuing body.  The Code mandates notice and hearing before any revocation is issued.  Even if the holder does not request or appear at such a hearing, the specific permit may not be revoked until the issuing body holds such a meeting.   The proposed amendment will clarify the revocation procedure.  

The Code of Virginia also states notification to the holder may be accomplished through first class mail,  making the registered mail or personal service unnecessary.  The Code also states a revocation hearing has the same notification requirements as any request for a special permit or special exception.  That procedure includes the notification of adjoining property owners and the placement of public hearing announcement posters on the properties affected by the revocation notice.  The current Ordinance language does not require adjoining property owner notification or the placement of the posters.  

The notification to normal applicants and adjoining property owners must be done at least 15 days prior to the hearing date, so this proposed amendment would change the 10-day deadline to 15 days.  

The complete proposed amendment is attached.  

Planning Commission Review and Recommendation:  

The Planning Commission held a public hearing on the proposed text amendment on January 23, 2003 and forwarded with a recommendation for approval.

Requested Action of the Board of Supervisors: 

Hold a public hearing and consider approval of the attached Ordinance.

 

Financial Impacts Analysis:

No analysis was done for this proposed amendment.

 

Identify any other Departments, Organizations or Individuals that would be affected by this request:  

Community Development

Board of Zoning Appeals

Board of Supervisors

County Attorney