What is a Special Permit?

A Special Permit is for a use or structure that is not allowed as a matter of right, but may be permitted, if certain standards defined in the Zoning Ordinance are met. The purpose of a Special Permit is to carefully review uses which need extra deliberation to ensure the surrounding area is not adversely impacted. Article 3 of the Zoning Ordinance lists the uses that require a Special Permit. 

Special Permit applications in Fauquier County go through a two-step public hearing process. The first public hearing is before the Planning Commission, which makes an advisory recommendation to the Board of Supervisors. The second public hearing is held by the Board of Supervisors, which makes the decision on whether the Special Permit application is approved (with or without conditions), denied, or deferred for further consideration.

For a brief summary please see our Special Permit Brochure.

Special Permit Process

1. Pre-Application Meeting

• The Pre-Application meeting will allow staff and outside review agencies to provide initial guidance to the Applicant regarding the project, and outline the regulatory/approval process(es) applicable to the proposed development.
• Submission requirements include 3 copies of the completed Pre-Application Form, 3 copies of a Concept Plan and a USB Flash Drive with individual PDFs of all submission materials. 

2. Formal Application

• Once the Pre-Application Meeting is held, an application may be filed. The application must be filed no later than 35 calendar days prior to the Planning Commission's meeting. The Planning Commission meets the third Thursday of each month in the Warren Green Building at 10 Hotel Street, Warrenton, Virginia, 20186. Filing deadlines can be found on the Planning Commission page.
• Special Permit or Special Exception applications may be submitted with a Rezoning application. The application shall be processed separately from the Rezoning and the zoning map amendment shall be approved before the Board may act on the Special Permit or Special Exception application. 

Special Permit Application Submission Requirements:

• In accordance with Virginia Code § 15.2-2286(B) and Fauquier County Zoning Ordinance § 13-108, all delinquent real-estate taxes and other liens must be paid in full prior to acceptance and processing of the application.
• Land Development Application with original signatures
  
• Fee - all Special Permits $1,000 (does not include the technology fee). If multiple uses are requested, a fee for each use is required.
• Special Permit Checklist
• Conflict of Interest Statement signed by each applicant
• 10 copies of a Statement of Justification including all information listed in the submission checklist.
• 10 copies of plat showing conditions and proposed improvements.
• 10 copies of any photographs, documents or other supporting materials submitted.
• A traffic impact analysis (TIA) or a traffic assessment as per Section 301B of the Design Standards Manual.
• Flash drive containing individual PDFs of all submission materials - do not include any financial information (i.e., copy of checks or the fee calculation sheet).

 3. Planning Commission Public Hearing

• After an application has been accepted, it will be reviewed by various County and State agencies.  Staff will send letters to adjoining property owners notifying them of the Planning Commission meeting. The applicant is required to post notice signs (prepared by staff) on the property at least 15 days prior to the Planning Commission hearing date, and then to provide an affidavit to staff showing that the posting was done at the required time. The completed affidavit shall be filed with the Department of Community Development within three days after posting of the property.
• Staff will prepare a report on the application. This staff report will be provided to the Planning Commission, with a copy to the applicant in advance of the meeting.  Copies for public review are available in the Planning Office and online at the county's Agenda Page.
• The day of the Planning Commission meeting, a work session is typically held, and applicants are encouraged to attend.
• The Planning Commission holds its public hearing in the evening, starting at 6:30 p.m. The applicant and public will have the opportunity to speak at the hearing. After the public hearing is held, the Planning Commission can recommend approval, recommend denial, or defer the item for further consideration. If the PC defers the item, it will be brought back at a future meeting date for action.

 4. Board of Supervisors' Public Hearing

• Once the Planning Commission makes its recommendation, the item moves forward for the Board of Supervisors' consideration. The Board of Supervisors meets the 2^nd Thursday of each month. Typically a case acted upon by the Planning Commission goes to the Board of Supervisors the next month.
• Prior to the meeting date, notices are sent to adjoining property owners notifying them of the Board of Supervisors meeting and posting is required. The applicant is required to post notice signs (prepared by staff) on the property at least 15 days prior to the Board of Supervisors hearing date, and then to provide an affidavit to staff showing that the posting was done at the required time. The completed affidavit shall be filed with the Department of Community Development within three days after posting of the property.
• Staff will prepare an updated report for the Board of Supervisors. After the public hearing, the Board of Supervisors can approve the application, deny the application, or defer the item for further consideration.
• After the Board of Supervisors takes its final action, if approved, the applicant will receive an approval letter from staff regarding the Special Permit. Site plans and building permits are required for any new construction.

Special Permit Renewal or Extension

1. Administrative Renewal or Extension

• The Administrative Renewal process is available to an applicant if the approved Special Permit specifies that it may be renewed administratively by the Zoning Administrator. An application for Administrative Renewal is required to be submitted 30-60 days prior to the expiration of the permit. Failure to timely file for a renewal will result in the permit expiring, requiring a new permit to be approved through the public hearing process.

Submission Requirements:

• Land Development Application with original signatures
  
• $100 Fee for Major Home Occupation Renewal; $150 Fee for all other Administrative Renewal\Extension (does not include the technology fee)
• Statement of Intent
• Assessment of Compliance with existing conditions. (For each condition of the Special Permit, provide information on how and when the condition was met.)
• Flash drive containing individual PDFs of all submission materials - do not include any financial information (i.e., copy of checks or the fee calculation sheet).

2. Planning Commission/Board of Supervisors Renewal or Extension

• Any permit which does not specifically authorize the Zoning Administrator to renew it can only be renewed or extended by approval of the Board of Supervisors (BOS). A pre-submission meeting is required prior to application submission. Call 540-422-8200 to schedule a meeting with staff handling Special Permits.

Submission Requirements:

• Land Development Application with original signatures.
• Fee - all Special Permits $1,000 (does not include the technology fee). If multiple uses are requested, a fee for each use is required.
• Special Permit Checklist signed by the surveyor or engineer (if applicable).
• 10 copies of Statement of Justification.
• Assessment of Compliance with existing conditions. (For each condition of the Special Permit, provide information on how and when the condition was met.)
• 10 copies of Special Permit Plat (folded).
• 10 copies of any photographs, documents or other supporting materials submitted.
• Flash drive containing individual PDFs of all submission materials - do not include any financial information (i.e., copy of checks or the fee calculation sheet).