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.”
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
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.
Commission Review and Recommendation:
The Planning Commission held a public hearing on
the proposed text amendment on
forwarded with a recommendation for approval.