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The existing Zoning Ordinance
includes provisions for certain uses to be authorized
through an administrative permit granted by the Zoning
Administrator. However, the regulations are not entirely
clear with respect to the procedures and standards for such
permits. In addition, the requirements are scattered
throughout the Ordinance, embedded in different sections for
different administrative uses. This amendment consolidates
the administrative process language and adds language to the
Ordinance to clarify the procedures and application of
standards. Most of the changes represent a clarification of
existing interpretation to the Ordinance. Such
clarification is particularly important as Administrative
Permits become a more frequently utilized tool for
facilitating commercial development.
One significant substantive
change is proposed in Section 5-001(4) with this text
amendment; that change is intended to simplify the
additional approval process for public utilities and other
development proposals already going through a rezoning
process. The proposed new language for Section 5-001(4)
is:
4.B
Notwithstanding anything in the Zoning Ordinance to the
contrary:
A.
when an applicant must seek a special exception and a
special permit for a single project, all of the requirements
for the special permit shall be addressed by the Board of
Supervisors as part of the special exception process and the
applicant shall be exempt from seeking separate, additional
approval from the Board of Zoning Appeals. Subsequent to
issuance, all amendments shall be processed by the Board of
Supervisors.
B.
any use requiring special permit or special exception
approval shall be exempt from such additional special permit
or special exception approval where 1) such use was
specifically requested and approved as part of a rezoning
application, with location and character of the proposed use
shown and addressed on the concept development plan for the
rezoning, and 2) compliance with the specific standards in
this article were addressed in proffers as part of the
rezoning application.
The change allows a public
utility use or other use which has already gone through the
rezoning process to skip any additional special exception or
special permit processes for approved uses where, as part of
the rezoning process, the specific use was approved and all
special exception or special permit conditions were
specifically addressed during the rezoning process. Such
an approach does not diminish the ability of the public to
comment on the issues related to a possible use, but merely
rolls that discussion into the discussion on the broader
rezoning, saving applicants significant processing time
later in the review process. If an applicant is not ready
to address the more specific issues typically raised by
special exception or special permit approval, it can
continue to utilize the current multi-step approval process
of rezoning followed by special exception or special permit
approval. This amendment will particularly benefit public
and business uses, since they are the uses most frequently
requiring special permit and special exception approval
through the Ordinance.
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