Article 3. PROCEDURES  


§ 31-301. GENERAL PROCEDURAL REQUIREMENTS.
§ 31-302. MINISTERIAL PERMITS.
§ 31-303. COMPREHENSIVE PLAN AMENDMENT.
§ 31-304. ZONING AMENDMENT AND REZONINGS.
§ 31-305. CONDITIONAL REZONING.
§ 31-306. CONDITIONAL USE PERMITS.
§ 31-307. SITE PLAN REVIEW.
§ 31-308. SUBDIVISION PLATS.
§ 31-309. BOARD OF ZONING APPEALS DECISIONS.
§ 31-310. VIOLATIONS.

Summary: This Article describes how to obtain a permit pursuant to the Unified Development Ordinance. Typically, the permit approval process involves three conceptual steps:

•  First, the landowner must submit an application for approval to the Director or Administrator as appropriate. Refer to Appendix B for a listing of the submittal requirements for different types of applications.

•  Second, the Director or Administrator determines whether the application is complete.

•  Third, the application is submitted to the reviewing agency for a decision as to approval or denial.

There are three types of approvals: legislative, administrative, and ministerial. A legislative decision involves the development of policy and, for many large-scale development approvals, is the first step in the approval process. Plan amendments and rezonings are examples of legislative decisions. Conditional use permits are also considered a legislative decision under Virginia law. Administrative decisions (which include quasi judicial decision) involve the application of the UDO standards to a decision and require a public hearing. Permit revocations are administrative. Zoning variances are quasi-judicial. A ministerial permit is one that does not require a public hearing. Zoning permits, building permits, site plans, and certificates of occupancy are examples of ministerial permits. This Article describes how each type of hearing is conducted and how decisions are reached in either a legislative, administrative or a ministerial hearing context.

SEC. 31-301. ;hg;GENERAL PROCEDURAL REQUIREMENTS ..... 3-3

SEC. 31-302. MINISTERIAL PERMITS ..... 3-8

SEC. 31-303. COMPREHENSIVE PLAN AMENDMENT ..... 3-15

SEC. 31-304. ZONING AMENDMENT AND REZONINGS ..... 3-17

SEC. 31-305. CONDITIONAL REZONING ..... 3-19

SEC. 31-306. CONDITIONAL USE PERMITS ..... 3-22

SEC. 31-307. SITE PLAN REVIEW ..... 3-26

SEC. 31-308. SUBDIVISION PLATS ..... 3-30

SEC. 31-309. BOARD OF ZONING APPEALS DECISIONS ..... 3-31

SEC. 31-310. VIOLATIONS ..... 3-32