AGENDA REQUEST

Sponsor: 

Board of Supervisors Meeting Date:

Raymond E. Graham, Chairman, Cedar Run District Supervisor

 

August 10, 2006

 

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

 

Community Development

 

Topic:  

A Proposed Zoning Ordinance Text Amendment to Article 5 to Clarify and Amend the Administrative Permit Process and to Allow Special Exceptions and Special Permits to be Approved as Part of a Rezoning

 

Topic Description: 

This text amendment is one of a series of text amendments being brought forward to improve the clarity and flexibility of the Zoning Ordinance, with particular emphasis on supporting and promoting business development.  This amendment clarifies the procedures for Administrative Permits.  It also adds provisions allowing Special Exception and Special Permit approvals to be incorporated into a Rezoning approval, reducing the length of the overall process.

 

Requested Action of the Board of Supervisors:

Consider adoption of the attached resolution.

Financial Impact Analysis:

No financial impact analysis has been conducted.

 

Summary Staff Report: 

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.

 

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

Department of Economic Development

 

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