Board of Supervisors Meeting Date:

R. Holder Trumbo, Jr., Chairman,
Scott District Supervisor


December 10, 2009

Staff Lead:


Kimberley P. Fogle, Assistant Director

Community Development



A Work Session to Review and Discuss Recent General Assembly Legislation to Allow Waiver of the Public Hearing Requirement for Specified Proffer Amendments


Topic Description:

Since the establishment of conditional zoning, amendments to proffers have constituted a change in the zoning and thus followed a rezoning process.  In July 2009, the General Assembly adopted an amendment to Section 15.2-2302 of the Code of Virginia to allow a Board of Supervisors to waive the requirement for a public hearing for an amendment to proffered conditions where the amendment does not affect conditions of use or density of a property.  This legislation is permissive and it would be the Board’s prerogative as to whether to use this provision. Specifically, Section 15.2-2302 states:

However, where an amendment to proffered conditions is requested by the profferor, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance or proffer requiring a public hearing prior to amendment of conditions created pursuant to Section 15.2-2298 or 15.2-2303.  Once so amended, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the Zoning Administrator pursuant to the applicable provisions of this Chapter.”

The County has recently received its first request under this new legislation and we do not have a process or approach for the comprehensive evaluation of such requests, nor how to bring them to the Board’s attention and consideration.  The goal of this work session is for the Board to review and discuss the legislation, and if the Board wishes to proceed, to provide Staff direction as to the future processing and evaluation of such requests.


Requested Action of the Board of Supervisors:

Conduct a work session.


Financial Impact Analysis:

There is no financial impact.


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

Development Community and Citizens of Fauquier County

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