RULES AND REGULATIONS
THE COUNTY PLANNING COMMISSION
HENRICO COUNTY, VIRGINIA
|Article I – Name||Article VI – Procedure|
|Article II – Duties||Artivle VII – Advice|
|Article III – Membership||Article VIII – Records|
|Article IV – Officers||Article IX – Suspension Rules|
|Article V – Meetings||Article X – Amendments|
The Duties of the Commission are outlined by an ordinance adopted by the Board of Supervisors of Henrico County on January 20, 1960.
- To exercise such powers as are conferred upon the Commission in counties by Title 15.2 of the Code of Virginia as amended;
- To act as the agent of the County Board of Supervisors for the review and conditional approval of the subdivision of land and the plat of such subdivision pursuant to the provisions of the Code of Virginia Title 15.2, Chapter 22, Article 6. (Land Subdivision and Development) and Chapter 19 of the County Code (Subdivision Ordinance);
- To assist the County Board of Supervisors in the administration of Chapter 24 of the County Code (Zoning Ordinance) and other matters affecting the growth and development of the County; and, in furtherance of the purposes of the Zoning Ordinance of the County, shall make careful and comprehensive surveys and studies of existing conditions and probable future changes of such conditions throughout the County; it shall recommend such revisions to the existing components of the Land Use Plan element of the Comprehensive Plan, and such implementation thereof, as the Commission may deem necessary and proper to the accomplishment of a coordinated, adjusted and harmonious development of the County; studies prepared by consulting firms under employment with the County on drainage, utilities, traffic and similar programs shall be made available to the Commission upon request directed to the County Manager;
- To perform all the duties imposed upon it by the terms of the County Zoning Ordinance, including the investigation of and report on every proposed amendment, supplement, change or repeal of a zoning regulation and every proposed change in any of the district boundaries as shown on the County zoning maps, and review and recommendation for every Provisional Use Permit; the Commission may, on its own motion, initiate any such changes; and the Commission is authorized to hold public hearings for the purpose of investigating the advisability of amending the Zoning Ordinance or determining its recommendations to the County Board of Supervisors on any matters referred by the Board to it.
- The Commission is charged with the review and approval of Plans of Development (POD), Landscape Plans, Lighting Plans, Special Exceptions and Alternative Fence Heights under certain circumstances pursuant to the Zoning Ordinance, County of Henrico, Virginia.
The Commission shall consist of six (6) members appointed by the County Board of Supervisors; there shall be on the Commission from each magisterial district one member. One member of the Board of Supervisors shall serve on the Commission.
The Commission shall annually organize and elect a chairman and vice-chairman at its first meeting in January.
The Chairman shall preside at all meetings and hearings of the Commission and shall decide all points of order or procedure. The vice-chairman shall assume the duties of the Chairman when the chairman is absent or upon the direction of the Chairman. In the absence of both the Chairman and Vice Chairman, and provided that there is a quorum, the remaining members shall chose who shall preside at the meeting.
The Secretary shall be a salaried County employee appointed by the County Manager. The Secretary shall: 1. Conduct all official correspondence of the Commission. 2. Send out all notices required by law, County policy, or Rules of the Commission. 3. Attend all meetings and hearings of the Commission. 4. Scrutinize all applications to ascertain that these rules and all pertinent requirements of the Zoning and Subdivision Ordinances are complied with. 5. Keep the agendas and minutes of the Commission’s proceedings. 6. Keep the necessary files and indexes on all matters that come before the Commission. 7. Generally supervise the clerical work for the Commission. 8. Notify the applicant of final action of the Commission. 9. Ascertain that all maps and plats are properly and adequately prepared so as to convey all the information necessary to make a fully informed decision.
A quorum of the Commission shall consist of four of the six-member Commission and in accordance with State law, no action of the Commission is valid unless authorized by a majority vote of those present and voting. All motions to approve, deny, or defer action on a pending agenda item require a second. Motions that do not receive a second shall be considered failed motions.
Hearings shall be open to the public, but the Commission may, after taking appropriate action, adjourn for a closed session to discuss matters pursuant to meeting the requirements set forth in the Virginia Freedom of Information Act.
Regular meetings of the Commission for the consideration of changes of zoning district classification, Provisional Uses, and regulations shall be held on the first Thursday after the second Wednesday of each month at 7:00 p.m. Meetings shall be held in the Board Room of the County Administration Building in the Government Center at Parham and Hungary Spring Roads, or at such other time and place as the Commission may deem appropriate and necessary.
Regular meetings of the Commission for the consideration of requests for conditional approval of Subdivision Plans, Plans of Development (POD), Lighting Plans, Landscaping Plans, Alternative Fence Heights, and other matters referred to the Commission for review and recommendation shall be held on the fourth Wednesday of each month at 9:00 a.m., in the Board Room of the County Administration Building in the Government Center at Parham and Hungary Spring Roads, or at such other time and place as the Commission may deem appropriate and necessary.
If the Chairman, or Vice Chairman if the Chairman is unable to act, finds and declares that the weather or other conditions are such that it is hazardous for Commission members and the public to attend a regular meeting, the meeting shall be postponed for a period of one (1) week to the same time the following week; however, if the postponement would be to a County holiday or the day before a County holiday, the meeting shall be postponed to two (2) days before the County holiday. Commission members and the press will be notified as promptly as possible, and notice will be posted on the front doors of the Commission’s meeting room and the courthouse. All hearings and other matters previously advertised will be conducted at the continued meeting, and no further advertisement or notice is required.
An expedited review agenda for certain subdivisions, PODs, applications for rezonings, provisional uses and related plans may be used in order to make the most efficient use of the Planning Commission’s time, to reduce unnecessary waiting by the public and development community, and to conserve time for discussion of plans with remaining issues or otherwise. The Staff may place plans or cases meeting all of the following criteria on the expedited review agenda. The criteria are as follows:
For Subdivisions, PODs and related plans:
- The Staff must be recommending approval of the applicant’s request subject to the annotations on the plan, standard conditions for the subject development or plan and any special conditions or recommendations.
- The applicant must submit a letter stating its agreement with the Staff’s recommendations, annotations, standard and special conditions and stating the applicant is unaware of any opposition to the plans. The letter must be received by the Secretary not later than 4:00 p.m. on the Friday prior to the meeting except that in the event of a holiday occurring on the Friday or Monday prior to the meeting, the letter must be received not later than 4:00 p.m. on the Thursday prior to the meeting.
- There is no known opposition to approval of the plan. If there is any known opposition to approval of the plan at the meeting, the item shall be removed from the expedited review agenda.
- The plan does not require a Special Exception, Alternative Fence Height, Conditional Use Permit, Transitional Buffer Deviation, Variance, Provisional Use Permit or is not an Appeal.
For Rezoning Applications and Provisional Use Permits:
- The Staff must be recommending approval of the applicant’s request subject to any conditions or recommendations for a Conditional Rezoning or Provisional Use Permit.
- The applicant must submit a letter stating its agreement with the Staff’s recommendations, annotations, standard and special conditions and stating the applicant is unaware of any opposition to the plans. The letter must be received by the Secretary no later than 4:00 p.m. on the Tuesday prior to the meeting.
- There is no known opposition to approval of the request. If there is any known opposition to approval of the request at the meeting, the item shall be removed from the expedited agenda.
Any member of the Planning Commission may ask that any item be removed from the expedited agenda without a motion and with the consensus of the Commission, in which case it would be heard on the regular agenda.
Those items placed on the expedited review agenda shall be addressed individually with specific motions and votes on each.
The order of business at all regular meetings of the Commission shall be as follows unless otherwise rearranged by the Chairman:
(a) Roll Call.
(b) Consideration of requests for deferrals and withdrawals.
(c) Expedited review agenda for applicable plans where permitted.
(d) Hearing and consideration of items on the agenda.
(e) Approval of minutes of previous meetings.
The Commission may establish reasonable limits on the length of testimony. Following the staff presentation, the applicant (or its representative) shall be allowed ten (10) minutes to present testimony. A portion of that time can be “saved” for rebuttal of opposition statements. Following the applicant’s presentation, the opposition will be allowed ten (10) minutes to present testimony. Time to answer questions of the Commission shall not be included within the applicant’s or opponent’s allotted time. Such limits may be announced before the commencement of testimony and the Commission may extend the time limits for each side at its discretion. Any extension shall not discriminate between opponents and proponents of a proposal. Comments shall be directly related to the case under consideration.
REZONING AND PROVISIONAL USE PERMITS:
- Every application by a property owner to amend, supplement or change the zoning district boundaries and every application for a Provisional Use Permit shall be filed on prescribed forms with the Planning Office and accompanied by a fee as established by the Board of Supervisors payable to the County of Henrico, Virginia, which fee is applied to the cost of advertising, notification of adjacent owners, and other expenses incidental to reviewing and processing the application. After the order for initial publication of the applicant’s request is released by the Secretary, such fee shall not be returned regardless of whether the request is granted, denied or withdrawn.
- A maximum of nine (9) new applications for zoning map amendments (or a cumulative total of twelve (12) applications for zoning map amendments and Provisional Use Permits), exclusive of those initiated by the Commission or Board of Supervisors, will be placed on each month’s agenda. If the ninth (or twelfth) new case limit is realized prior to the established deadline for filing, the agenda will be completed as of the date and time the ninth (or twelfth) case is received. Subsequent applications should be placed on the next available zoning agenda and advertised in accordance with law. The Commission shall retain the right to waive this limit as it may deem appropriate.
- The Secretary shall forward the application of any proposed amendment, supplement or change of District boundaries or regulations or Provisional Use Permit to the Commission for recommendation and report. Applications must be received by the Planning Office at least eight (8) weeks prior to the Commission’s regular meeting.
- Each application placed on an agenda shall automatically be advertised prior to its scheduled public hearing. Said notice shall appear in a newspaper having general circulation in the County. Such notice shall specify the time and place of the hearing, and such hearing shall be held not less than six (6) days nor more than twenty-one (21) days from the time of publication. Unless circumstances cause otherwise, notices shall appear in the Monday edition of the newspaper, seventeen (17) days and ten (10) days prior to the scheduled public hearing. In addition, the Commission shall, prior to its scheduled hearing, notify all owners of property being rezoned and owners of property adjacent to the site which is the subject of a Rezoning or Provisional Use Permit request. The Secretary may give notice to additional property owners, groups or other persons deemed appropriate and advisable. A sign may be placed on the property requested for rezoning, change in proffers of previous rezoning case, or provisional use permits. This sign will be a notice that a request has been filed and indicating a telephone number whereby additional information can be obtained.
- In accordance with Section 24-2304 of the County Code (Zoning Ordinance), if the owner of the property which is the subject of a rezoning request shall elect to amend the application to request conditional zoning, such owner shall voluntarily proffer such conditions in writing. The Commission shall designate by motion, duly adopted at public hearing, the time during which the proffers may be filed. The Commission shall defer the request, notices shall again be given as required by law and if it deems it necessary, the Commission may direct the Secretary to readvertise the request prior to the hearing at which it makes its recommendation to the Board of Supervisors.
- In the event that additions or modifications to proffered conditions are desired by the owner of the property which is the subject of a rezoning request, the same shall be made in writing not less than forty-eight (48) hours prior to the time at which the Commission makes recommendation to the Board of Supervisors. The Commission shall retain the right to waive this deadline pursuant to approval of a motion by the Commission. Amended proffers shall be accompanied by a “blacklined” version of the proffers illustrating the amendment or modification by underlining new language and striking through deleted language.
- Cases shall be heard in the order in which they appear on the agenda, except a case may be advanced for hearing by order of the Commission upon good cause shown and with the concurrence of the Chairman. The Commission shall report to the Board of Supervisors no later than one hundred (100) days after the first meeting of the Commission after the proposed zoning amendment or reenactment has been referred to the Commission unless the applicant has in writing waived his right to receive such report in one hundred(100) days and has specified the additional time period the Commission may utilize.
- In determining what, if any, amendments to the Zoning Ordinance are to be adopted, the Commission shall give due consideration to the proper relationship of such amendments to the Zoning Ordinance and Comprehensive Plan for the County of Henrico and such other considerations as required by state law.
- After the Board of Supervisors has taken official action either granting or denying a petition for any change in zoning or any change of zoning conditions, no petition for substantially the same change(s) shall again be considered in less than twelve (12) months from the date of such official action. In the event a petition is voluntarily withdrawn by the applicant, no petition for substantially the same change(s) shall again be considered in less than twelve (12) months from the date of such action.
PLANS OF DEVELOPMENT, SPECIAL EXCEPTIONS, LANDSCAPE PLANS AND LIGHTING PLANS:
- Written application for Plan of Development, Lighting, and Landscape Plan approval, accompanied by copies of the detailed plans which conform to Chapter 24 of the County Code (Zoning Ordinance), shall be submitted to the Planning Office not later than six (6) weeks prior to the scheduled meeting at which Plans of Development are to be considered. Plan of Development approval shall expire five (5) years after the date of Commission approval, pursuant to Section 15.2-2261 of the Code of Virginia, as amended, unless a building permit has been obtained for construction in accordance with the approved plan of development; or further extension is authorized by Section 15.2-2261 or 15.2-2209.1. A single one-year extension may be authorized by the Secretary upon written request by the applicant, provided such request is received no less than ninety (90) days prior to the expiration of the approved plan of development. The Secretary shall acknowledge such request and shall act on requested extension within thirty (30) days of receipt of the request.
- A temporary Plan of Development may be approved by the Commission for a proposed development or land use for a period not to exceed twelve (12) months, when all buildings are of a temporary nature. Prior to the approval of such temporary Plan of Development, the Commission may require a letter of credit approved by the County Attorney, to guarantee that all structures erected under the Plan of Development will be removed upon the expiration of the period for which approval was received.
- Whenever the zoning ordinance requires both a Special Exception and a Plan of Development, the Special Exception may be reviewed concurrently with the Plan of Development at the same public hearing. The Commission may take action separately on the special exception prior to action on the Plan of Development; or may take action on the Special Exception and the Plan of Development concurrently, at their discretion. The applicant shall be required to bear the full burden of proof that his request meets the spirit, intent and requirements of Chapter 24.
- At least eight (8) calendar days prior to the public hearing, the Secretary shall send notice to all property owners entitled to receive notice and to such additional property owners, groups and other persons that the Secretary deems appropriate and advisable.
- The Secretary shall check all Plans of Development, Lighting, and Landscape Plans for general completeness and compliance with such administrative requirements as may be established prior to accepting such applications. The Secretary shall route copies thereof to reviewing departments, agencies and officials, see that all reviews are timely completed and that action is taken by the approving authority within sixty (60) days of receipt of the application unless the applicant requests an extension of time.
WITHDRAWAL AND TRANSFER OF APPROVAL:
- Requests for withdrawal of a Plan of Development or Subdivision from further consideration by the Commission must be acted upon by the Commission at a regularly scheduled meeting. This requirement does not apply to applications that are withdrawn by the applicant prior to placement of the case on a final agenda.
- Approval(s) of Plan(s) of Development are granted only to the owner-applicant(s) listed on the application. Subsequent owner(s) must request that the Commission transfer approval(s) to them; however, the Director of Planning may approve a transfer of approval without action of the Planning Commission provided the property is transferred to new ownership no later than 24 months following initial construction plan approval. A written request filed with prescribed information shall be submitted to the Secretary at least four (4) weeks prior to the regular meeting at which such transfer of approval will be considered.
SUBDIVISION PLATS FOR CONDITIONAL APPROVAL:
- Every application for conditional approval shall be filed on prescribed forms accompanied by copies of the preliminary plat which conforms to Chapter 24 of the County Code (Zoning Ordinance) in effect and the requirements of Chapter 19 of the County Code (Subdivision Ordinance). Such application shall be submitted to the Planning Office six (6) weeks prior to a regular meeting at which subdivision plats are considered.
- The Secretary shall check all subdivision applications for general completeness and compliance with such administrative requirements as may be established prior to accepting such applications. The Secretary shall route copies thereof to reviewing departments, agencies and officials, see that reviews are timely completed, and that action is taken by the approving authority within sixty (60) days of receipt of the application unless the applicant requests an extension of time.
- Conditional approval shall expire at the end of twelve (12) months unless otherwise specified or unless written application to the Commission for an extension is made and granted; or further extension is authorized by Section 15.2-2260(F) or 15.2-2209.1 of the Code of Virginia.
SUBMISSION OF REVISED PLANS
- Revised plans (POD, Landscape, Lighting or Subdivision) for consideration by the Commission shall be submitted to the Planning Office no later than 4:00 p.m. on the Friday preceding the Commission hearing. Revised plans submitted within one (1) calendar week in advance of the hearing shall be accompanied by six (6) sets of full scale prints. The Commission shall retain the right to waive this deadline pursuant to approval of a motion by the Commission.
Amended January 13, 1983
Amended January 14, 1988
Amended January 12, 1989
Amended January 11, 1990
Amended February 25, 1992
with effective date of April 1, 1992
Amended January 14, 1993
Amended January 11, 1996
Amended January 28, 1997
Amended January 15, 1998
Amended September 10, 1998
Amended April 13, 1999
Amended April 5, 2000
Amended September 24, 2003
Amended August 9, 2007
Amended March 26, 2014
Amended August 11, 2016
Amended February 22, 2017
February 22, 2017