AN ORDINANCE APPROVING AN AMENDMENT TO SECTION
13-111.3 OF THE FAUQUIER COUNTY ZONING ORDINANCE TO REQUIRE APPLICANTS TO
BE RESPONSIBLE FOR THE PLACEMENT OF THE MANDATORY PUBLIC HEARING POSTERS
ON PROPERTIES INVOLVED IN LAND USE APPLICATIONS REQUIRING PUBLIC HEARING
AS REQUIRED IN THE CODE OF VIRGINIA AND THE FAUQUIER COUNTY ZONING
the Fauquier County Zoning Ordinance and the Code of Virginia mandate the
placement of public hearing posters on properties involved in certain land
use applications to ensure proper notification; and
the staff of the Department of Community currently are responsible for
placement of these posters; and
this Zoning Ordinance text amendment would transfer the responsibility for
poster placement to the applicant or a representative; and
the applicant shall submit proof the notifications were placed in
accordance with mandated Zoning Ordinance and Code of Virginia timelines;
on September 26, 2002, the Fauquier County Planning Commission held a
public hearing and voted to recommend approval; and
on October 21, 2002, the Fauquier County Board of Supervisors held a
public hearing; and
WHEREAS, this Zoning Ordinance text amendment will not take effect until January 1, 2003; and
WHEREAS, the adoption of these text amendments would be in keeping with the spirit of the Zoning Ordinance and in the best interest of the citizens of Fauquier County; now, therefore, be it
by the Fauquier County Board of Supervisors this 21st day of October 2002,
That Section 13-111.3 of the Fauquier County Zoning Ordinance be amended
to read as follows:
Notice for Public Hearings
No public hearing as required by the
provisions of this Ordinance shall be held unless documented evidence can
be presented that the following notice requirements have been satisfied.
The subject of the public hearing need not be
advertised in full, but may be advertised by reference. Every such
advertisement shall contain a reference to the place or places within the
County where copies of the subject public hearing may be examined.
notice of any hearing shall be in accordance with Section
Notice to Appellant/Applicant:
With respect to an appeal from an order, requirement, decision or
interpretation made by an administrative officer, the Zoning Administrator
shall submit written notice to the appellant by certified mail, return
receipt requested, such to be postmarked at least twenty (20) days before
the date of the hearing. A copy of such notice shall be sent to the County
With respect to an appeal for a variance, the hearing body shall
submit written notice to the appellant and the owner(s) of the subject
property, if different from the appellant, by first class mail, such to be
postmarked at least fifteen (15) days before the date of the hearing.
With respect to an application for amendment to the Zoning Map,
written notice to the owner/applicant shall be in accordance with Section
With respect to an application for a special permit or a special
exception, the hearing body shall submit written notice to the applicant
and owner(s) of the subject property, if different from the applicant, by
first class mail such to be postmarked at least fifteen (15) days before
the day of the hearing.
Said notice shall be posted at reasonable intervals along every
street abutting the subject property or, if there is no abutting street,
then along the exterior boundary lines of the subject property and within
a distance of 300 feet along every street providing access thereto.
Such signs shall be posted so as to assure the greatest public
Said notice shall contain the date, location and time of the public
hearing, the nature of the proposed change, the property affected, such
other information as may be necessary to provide adequate identification
of the application, and where further information on the application may
be obtained. The applicable posting sign and the latter information
shall be prepared by the Department of Community Development and provided
to the Applicant.
Said notice may be placed on private property, if such action
is necessary to provide adequate posting, and all posted notices shall be
removed by the applicant no later than seven (7) days after the
conclusion of the hearing to which they pertain.
For the purpose of distinguishing between hearing bodies, said
notice shall be printed on signs of differing colors in accordance with
the following schedule:
Board of Zoning Appeals
Said notice shall be placed on all parcels of land involved in an
application or appeal, unless the hearing involves an application for a
comprehensive amendment to the Zoning Map initiated by resolution of
intention by the Planning Commission or the Board, or unless the hearing
body may specifically waive or modify such a requirement.
shall be responsible for maintaining the signs in good condition until the
public hearing, and shall replace damaged signs as soon as practical.
Replacement signs will be made available through the Department of
Community Development upon Applicant request.
It shall be a violation of this section to damage or remove a
public notice sign erected under these provisions, and each sign shall
carry a warning to this effect.
Written Notice to
Adjacent Property Owners: The Zoning Administrator shall, in accordance with the provisions of
In the case of a condominium
or a cooperative, the written notice may be mailed to the unit owners’
association or proprietary lessee’s association respectively, in lieu of
5. Additional Notice: The hearing body may by resolution prescribe additional means and forms of notice in connection with any matter falling within its jurisdiction.