ORDINANCE 

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 ORDINANCE 

WHEREAS, 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

WHEREAS, the staff of the Department of Community currently are responsible for placement of these posters; and

WHEREAS, this Zoning Ordinance text amendment would transfer the responsibility for poster placement to the applicant or a representative; and

WHEREAS, the applicant shall submit proof the notifications were placed in accordance with mandated Zoning Ordinance and Code of Virginia timelines; and

WHEREAS, on September 26, 2002, the Fauquier County Planning Commission held a public hearing and voted to recommend approval; and

WHEREAS, 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

ORDAINED 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:

 

13-111             Required 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.

1.      Publication:  Public notice of any hearing shall be in accordance with Section 15.1-431 15.2-2204, Code of Virginia.

2.       Written Notice to Appellant/Applicant:

A.             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 Attorney.

B.             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.

C.            With respect to an application for amendment to the Zoning Map, written notice to the owner/applicant shall be in accordance with Section 15.1-431 15.2-2204, Code of Virginia.

D.             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.

3.       Posting:

A.             The Zoning Administrator Applicant shall, at least fifteen (15) days before the date of the hearing, post a notice of the Board of Supervisors, Board of Zoning Appeals and Planning Commission public hearing on the land or building involved in any rezoning, special exception, special permit application or appeal.  The Applicant shall complete an affidavit that posting in accordance with these provisions was done, and shall file such affidavit with the Department of Community Development within three days after posting of the property.

B.             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 visibility practical.

C.            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.

D.             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.

E.            For the purpose of distinguishing between hearing bodies, said notice shall be printed on signs of differing colors in accordance with the following schedule:

Color of  Background       Lettering            Hearing Body

Red            White              Red                        Board of Supervisors

Green                                Black                        Planning Commission 

Blue                                  Black                        Board of Zoning Appeals

F.      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.

G.     The Applicant 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.

4.      Written Notice to Adjacent Property Owners: The Zoning Administrator shall, in accordance with the provisions of Section 15.1-431 15.2-2204, Code of Virginia, and in accordance with the rules of the hearing body, submit notification of the public hearing to the owner, his agent or the occupant of all abutting property and property immediately across the street from the subject property, to include such abutting or adjacent properties which lie in an adjoining county or city, at least fifteen (15) days in advance of such public hearing. Such written notice shall be sent to the last known address of such owner( s) as shown on the current real estate tax assessment books. Proof of such notification shall be presented to the hearing body.

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 each owner.

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.