ZONING DIVISION
The Gloucester County Zoning Ordinance has been in effect since July 1, 1984 with a county wide comprehensive rezoning of the ordinance effective February 1, 1998. With the adoption of the Zoning Ordinance was the creation of Codes Enforcement. In addition to permit review and approval, the division investigates complaints generated regarding potential zoning violations and enforces certain sections of the Gloucester County code such as inoperative motor vehicles, tall grass and weeds, and bulky waste and debris.
The zoning ordinance however does not regulate matters such as private lane/right of way disputes, noise ordinance, discharging firearms and items similar in nature. Private matters are civil matters that must be handled on that level or through an attorney. The Codes Compliance office and Zoning Division are tasked with the provision of services and enforcement of county code matters.
The Zoning Ordinance does regulate matters pertaining to uses permitted in specific zones, setbacks/yard regulations of principal and accessory structures including residential and commercial uses, home occupations, livestock and poultry, and sign regulations to name a few.
Zoning Permits
A Zoning Permit is issued by the Zoning Administrator or his/her designee and authorizes a lot and/or structure to be used, whether temporarily, seasonally, or permanently, in a manner permitted by the Zoning Ordinance, as detailed in Section 15-1 of the Zoning Ordinance. Zoning Permits are reviewed through an administrative process for any establishment of a use or change in use for a building, structure, or parcel as well as construction of new buildings or alterations of existing buildings. No building or structure shall be erected, added to, structurally altered, or land use be established or changed in use without a zoning permit. For some uses, establishment may also require approval from the Board of Supervisors (BOS) through a Rezoning or Conditional Use Permit (CUP) or Board of Zoning Appeals (BZA) through a Special Exception (SE). Zoning Permits for uses or structures proposing at least 2,500 square feet may require a Land Disturbance Permit through the Environmental Programs Division or a Site Plan through the Community Development Office.
Exempt Uses and Structures
In the County’s agricultural districts (RC-1 and RC-2 districts), buildings or structures associated with bona fide agriculture or forestry uses are exempt from obtaining a Zoning Permit, but still must meet all applicable setback requirements. Certain uses and structures, such as fences and flag poles, are not regulated by the Zoning Ordinance and, therefore, do not require a Zoning Permit. However, agricultural and forestry uses as well as uses and structures not regulated by the Zoning Ordinance still must observe any applicable local, state, or federal requirements. Buildings and structures used for agriculture or forestry within non-agricultural districts do require a zoning permit.
Nonconforming Uses and Structures
Legally established uses or structures that do not conform to the current Zoning Ordinance regulations are recognized as legal, nonconforming uses or structures. Modifications to these legally nonconforming uses or structures are permitted, as detailed in Article 10 of the Zoning Ordinance.
Administrative Review Process
A Zoning Permit application can be submitted to the Department of Planning and Zoning for review by the Zoning Division staff. Zoning Permit applications requires, at a minimum, the application form clearly explaining the existing and proposed uses, a plot plan drawn to scale, and the $35 review fee. A survey is not required, but the plot plan must be drawn to scale so staff can confirm the setbacks, square footage and other requirements for the use(s) proposed are satisfied. Sign Permit applications undergo the same administrative review process and require the same application materials (including a $50 review fee) along with all additional information (including height, size, and location) detailed in Section 12-2(1) of the Zoning Ordinance to determine conformance with the Sign Ordinance.
Zoning Permit Review
Zoning Division staff will review the contents of the application and either approve or deny the Zoning Permit application within 30 days of receipt of a complete application with an accompanying paid fee, as required by the ordinance, but typically in less than 10 working days. If an application is determined to be incomplete or insufficient information is provided to perform a full review, staff will notify the applicant of the necessary steps required to enable staff to perform a full review. If the applicant resolves all inadequacies in the application within the 30-day review period, staff will perform the review and either approve or deny the application. If any inadequacies are not resolved within this time frame, staff will deny the Zoning Permit application in writing and provide the reasons for the denial as well as the appeals process. If a Zoning Permit application is denied and the applicant wishes to submit another application, the applicant shall provide a separate application with all appropriate materials (including the review fee) and staff will review the materials as if it is a new application. Similarly, applications to enlarge or modify a use and/or structure previously permitted shall submit a new application with all appropriate materials (including the review fee).
Establishment of the Use or Structure
Establishment of or construction for uses and/or structures issued permits by the Department of Planning and Zoning shall begin within 1 year of the issuance of a Zoning Permit and must be substantially completed within 2.5 years of the issuance of a Zoning Permit. If work has not begun within 1 year of issuance or completed within 2.5 years of issuance, the Zoning Permit shall expire. Unless an extension is granted by the Zoning Administrator, work cannot resume for uses and/or structures with expired Zoning Permits until a new application (with all relevant materials) is submitted and a Zoning Permit is approved by the Zoning Division staff.
Site Inspections
In certain cases, staff may need to inspect a site to confirm that any conditions of the Zoning Permit (or rezoning, Conditional Use Permit, or Special Exception) are installed appropriately prior to issuance of a Final Certificate of Occupancy (CO) by the Building Official. When this is necessary, Zoning Division staff will note on the approved Zoning Permit any applicable conditions or reference an approved site plan, Conditional Use Permit, Special Exception approval, or other approval. The applicant should be aware of all required improvements referenced on an approved Zoning Permit. To schedule an inspection, the applicant, developer, or contractor should contact the Department of Planning and Zoning to set an inspection date prior to request for a Final CO. Since Planning and Zoning staff perform inspections on an as needed basis (which does not occur daily), staff may not be able to perform an inspection immediately and will need to schedule any inspection around other responsibilities, including permit, plan, and other application reviews, which occur under mandated deadlines.
Forms for the Zoning Permit application and Sign Permit application can be found under Forms & Policies.
Zoning Business Licenses
A Zoning Permit for a Business License is issued by the Zoning Administrator and authorizes a lot and/or structure to be used for commercial purposes (including home occupations), whether temporarily, seasonally, or permanently, in a manner permitted by the Zoning Ordinance, as detailed in Section 15-1 of the Zoning Ordinance. Zoning Permits for Business Licenses are reviewed through an administrative process for any establishment of a commercial use or change in commercial use for a building, structure, or parcel, including the relocation of an existing commercial use. For some commercial uses, establishment may also require approval from the Board of Supervisors (BOS) through a Rezoning or Conditional Use Permit (CUP) or Board of Zoning Appeals (BZA) through a Special Exception (SE).
Administrative Review Process
A Zoning Permit for a Business License application can be submitted to the Department of Planning and Zoning for review by the Zoning Division staff. Applications should include, at a minimum, the application form and the $35 review fee. For some applications, a narrative of the proposed use is required in order for staff to determine whether the use meets the requirements based on the definitions and criteria established in the Zoning Ordinance. Applications for home occupations must also meet the requirements of Section 9-9 of the Zoning Ordinance and home occupations with employee and/or customer traffic require a Special Exception approval by the BZA.
Zoning Permit for Business License Review
Zoning Division staff will review the contents of the application and either approve or deny the Zoning Permit for a Business License application, often within the same day if the use is clearly defined and permitted. As with other zoning permits, we are required to approve or deny the application within 30 days. If an application is determined to be incomplete or insufficient information is provided to perform a full review, staff will notify the applicant of the necessary steps required to enable staff to perform a full review. If the applicant resolves all inadequacies in the application within the 30-day review period, staff will perform the review and either approve or deny the application. If any inadequacies are not resolved within this time frame, staff will deny the Zoning Permit for a Business License application in writing and provide the reasons for the denial as well as the appeals process. If an application is denied and the applicant wishes to submit another application, the applicant shall provide a separate application with all appropriate materials (including the review fee) and staff will review the materials as a new application. Relocation of an existing commercial use previously permitted shall submit a new application for the new location with all appropriate materials (including the review fee).
Establishment of the Business
Establishment of a commercial use permitted by the Department of Planning and Zoning shall begin within 1 year of issuance of a Zoning Permit for a Business License. Unlike the Commissioner of Revenue’s Business Licenses, once a commercial use is established, the Zoning Permit does not need to be renewed annually. However, if a commercial use is discontinued for over 2 years, a new Zoning Permit for a Business License will need to be issued by the Department of Planning and Zoning.
Forms for the Zoning Business License application can be found under Forms & Policies.
Special Exceptions
A Special Exception is a use that may be appropriate in a specific zoning district under certain circumstances but may not “fit” in all locations within the same zoning district. A Special Exception is approved by the Board of Zoning Appeals (BZA), as detailed in Section 14-16 of the Zoning Ordinance. A Special Exception can only be approved by the BZA if it satisfies the Special Exception criteria listed for each use in Section 5-2 of the Zoning Ordinance as well as the standards and findings stated in Section 14-19 of the Zoning Ordinance. The BZA may impose conditions to the Special Exception which are intended to offset impacts to adjacent properties resulting from the use requested. Due to the unique characteristics of the uses proposed and/or properties in question, each application is unique and, therefore, conditions applied to identical uses on different properties may be similar in nature, but with slight differences in the specifics of the conditions. In some circumstances, no set of conditions are sufficient to offset the impacts or meet the criteria to grant approval and, therefore, the BZA may deny these applications.
Process
Prior to applying for a Special Exception, interested parties submit a pre-application and then meet with Planning and Zoning staff for a mandatory pre-application meeting to discuss the process, project, applicable Special Exception criteria, perceived impacts of the proposed use and Comprehensive Plan guidance.
Following the pre-application meeting, the Special Exception application (with the accompanying $275 fee) is submitted to the Department of Planning and Zoning. County staff and any applicable agencies will review the application and, following this review, Planning and Zoning staff will prepare a staff report to be presented to the BZA at the public hearing. Staff will discuss their findings and recommendations in the report with the applicant and provide the applicant a copy of the final staff report prior to the hearing.
Within 60 days of receipt of a complete application, a public hearing before the Board of Zoning Appeals will be held. The BZA meets the fourth Tuesday of every month, as needed. The public hearing is advertised in the legal notices of the local newspaper and all adjacent property owners are directly notified by mail. During the public hearing, staff will present the application to the BZA with their summarized analysis and recommendations. The applicant can speak before the BZA, and the public has the opportunity to comment on the application. At this public hearing or a subsequent meeting (but within 30 days following the public hearing), the BZA will decide to approve or deny the application.
Any request to amend an approved Special Exception application is considered a new Special Exception application and, therefore, is reviewed and decided upon by the BZA following a public hearing.
The pre-application meeting and Special Exception application can be found under Forms & Policies. Comprehensive Plan guidance for properties within the County can be found under the Comprehensive Plan section and uses subject to a Special Exception can be found in Section 5-2 of the Zoning Ordinance.
Variances
A Variance is “in the application of a Zoning Ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the Zoning Ordinance would unreasonably restrict the utilization of the property, and such need for a Variance would not be shared generally by other properties, and provided such Variance is not contrary to the purpose of the Zoning Ordinance.” Variances “shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.” Variance applications and their process are detailed in Section 14-12 of the Zoning Ordinance. Variance applications can be granted either by the Zoning Administrator (as an Administrative Variance) or by the Board of Zoning Appeals (BZA). A Variance application will not be approved unless it meets the criteria specified in Section 14-12 of the Zoning Ordinance (for Administrative Variances) or Section 14-14 of the Zoning Ordinance (for Variances granted by the BZA).
Administrative Variance
Administrative Variances may be granted by the Zoning Administrator for building setback requirements only. A Variance application (with the accompanying $275 fee) can be submitted to the Department of Planning and Zoning for review by the Zoning Administrator. Administrative Variances can be granted if the Zoning Administrator finds the following facts:
Strict application of the ordinance would produce undue hardship;
Such hardship is not shared by other properties in the same zoning district and same vicinity;
The variance will not be of substantial detriment to adjacent property and will not change the character of the zoning district.
Upon receipt of an application, if the Zoning Administrator finds that the above criteria are met, he/she will notify all adjacent property owners of the application and the intention to grant an Administrative Variance. Adjacent property owners have 21 days from the date of the notice to respond to the Zoning Administrator regarding the variance application. If the Zoning Administrator receives an objection from an adjacent property owner with 21 days or is unable to make all three of the required findings of fact, the application shall be transmitted to the Board of Zoning Appeals for a public hearing.
Board of Zoning Appeals Variance
A Variance application (with the accompanying $275 fee) can be submitted to the Department of Planning and Zoning for review by staff and the Board of Zoning Appeals. Staff from the County and any other applicable agencies will review the application and, following this review, Planning and Zoning staff will prepare a staff report to be presented to the BZA at a public hearing. Similarly, the BZA will also hold a public hearing on Administrative Variance Applications forwarded by the Zoning Administrator.
Within 60 days after receipt of an application, a public hearing before the Board of Zoning Appeals will be held. During this public hearing, staff will present the application to the BZA with their summarized analysis and recommendation. The applicant can speak before the BZA and the public has the opportunity to comment on the application. At this public hearing or a subsequent meeting (but within 30 days following the public hearing), the BZA will decide to approve or deny the application.
Variances can be granted only if the Board of Zoning Appeals finds the following facts:
Strict application of the terms of the Zoning Ordinance would unreasonably restrict the utilization of the property or that the granting of the Variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the Zoning Ordinance, or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability;
The property interest for which the Variance is being requested was acquired in good faith and any hardship was not created by the applicant for the Variance;
The granting of the Variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area;
The condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the Zoning Ordinance;
The granting of the Variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property;
The relief or remedy sought by the Variance application is not available through a special exception process that is authorized in the ordinance pursuant to Subdivision 6 of Section 15.2-2309 or the process for modification of a Zoning Ordinance pursuant to Subdivision A(4) of Section 15.2-2286 at the time of the filing of the Variance application.
In addition to authorizing a Variance to the Zoning Ordinance, the BZA may impose additional conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary.
Any amendment requested to an approved Variance is considered a new Variance application and, therefore, is reviewed and decided upon by the Zoning Administrator (for Administrative Variances) or Board of Zoning Appeals.
Forms for the Variance application can be found under Forms & Policies.
Zoning Appeals
A Zoning Appeal is a challenge of the Zoning Administrator’s action or determination, which is heard by the Board of Zoning Appeals (BZA), as detailed in Section 14-11 of the Zoning Ordinance. Upon submission of an appeal, all proceedings in furtherance of the Zoning Administrator’s action shall be stayed (temporarily stopped) until the BZA’s decision on the action, unless the Zoning Administrator certifies to the BZA that a stay would, in his/her opinion, cause “imminent peril to life or property.” When ruling on an appeal, the BZA may reverse or affirm, wholly or partly, or may modify any order, requirement, decision, or determination of the Zoning Administrator.
Process
A Zoning Appeal application (with the accompanying $275 fee) must be submitted to the Department of Planning and Zoning within 30 days from the date of action of the decision appealed. Within 60 days of receipt of a Zoning Appeal, the Board of Zoning Appeals shall set a date and time for a hearing, notify the parties of interest of the hearing, hold the hearing, and make a decision on the application.
During this hearing, staff will present a staff report including the Zoning Administrator’s action, references to any applicable Zoning Ordinance sections, explanation of any interpretations, and the application for appeal to the BZA. Similarly, the applicant may present their reason for the appeal. Unlike a public hearing, although this hearing is open to attendance by the public, only the Zoning Administrator, applicant, and their representatives are permitted to speak before the BZA.
When deciding a Zoning Appeal, the Board of Zoning Appeals may reverse or affirm (wholly or partly) or modify any order, requirement, decision, or determination made by the Zoning Administrator. If the BZA chooses to reverse the Zoning Administrator’s action, a minimum of 4 affirmative votes in favor of reversing the action shall be required. A tie vote shall be ruled as affirming the Zoning Administrator’s action. The BZA’s decision on any appeal shall be based on the Board’s judgment of whether the Zoning Administrator was correct in his/her decision and/or interpretation.
Any appeal of individual actions by the Zoning Administrator or actions regarding different requirements of the Zoning Ordinance shall constitute a separate appeal and, therefore, require individual applications and the associated review fee. Similarly, appeals made by different individuals, organizations, or other entities shall also constitute separate appeals (even if each appeal challenges the same action) and, therefore, require individual applications and the associated review fee. Separate applications challenging the same or different actions may be reviewed and decided upon by the BZA on the same or a different date from each other as long as the hearing is held, and the ruling is made within 60 days of receipt of the appeal(s).
Appeals of any decision of the BZA is decided by the Gloucester County Circuit Court.
Forms for the Zoning Appeal application can be found under Forms & Policies.
Zoning Enforcement
The Department of Planning and Zoning is responsible for administering and enforcing the Zoning Ordinance (Appendix B of the County Code). Zoning enforcement occurs under multiple circumstances, including, but not limited to:
Establishment of a use not permitted within a Zoning District (Section 5-2 of the Zoning Ordinance)
Establishment of a use within a Zoning District without the necessary Special Exception (granted by the Board of Zoning Appeals) or Conditional Use Permit (granted by the Board of Supervisors)
Establishment of a use to a greater extent than is permitted within a Zoning District
Establishment of a use in a manner inconsistent with the supplemental regulations required by the Zoning Ordinance (Article 9 of the Zoning Ordinance)
Construction or exterior alteration of a structure without a Zoning Permit (not including fences)
Construction or exterior alteration of a structure within the setback(s) required by a Zoning District (as specified in Section 5-2 of the Zoning Ordinance)
Construction of a sign without a Zoning Permit
Construction of a sign within the setback(s) required by a Zoning District (as specified in Section 12-6 of the Zoning Ordinance)
Zoning enforcement by the Department of Planning and Zoning is complaint-driven where enforcement is initiated when our department is made aware of a potential violation. When a violation is confirmed, staff aims to resolve the issue by assisting to bring the violation into compliance (if possible) before pursuing any legal enforcement procedures, as detailed in Section 15-8 of the Zoning Ordinance.
Process
When notified of a potential violation of the Zoning Ordinance, departmental staff will document the complaint, follow-up with the complainant by phone, and perform a site visit (as needed) within approximately one to two weeks of receiving the complaint (sooner, if possible) to confirm whether or not a violation has occurred. Typically, staff will attempt to verbally communicate the potential violation to the responsible individual or entity, explain the ordinance requirements and, if needed, describe how to remedy the violation (if one is present). In most circumstances, steps to remedy a violation are voluntarily taken and staff will give them the appropriate time to complete these steps. If a violation has occurred and cannot be communicated verbally, the Zoning Administrator will notify the individual or entity responsible in writing of the nature of the violation and necessary action(s) to correct the violation. In some circumstances, the discontinuance of an illegal use or structure will be ordered until the violation has been resolved.
If a confirmed violation is continued without the individual or entity responsible taking the necessary steps to correct the violation, the County Attorney will pursue a legal remedy to resolve the violation. The County Attorney will require all illegal actions to be stopped until the violation is decided by the Gloucester County Circuit Court and all corrective actions are identified and accomplished. Pursuant to Section 15-10 of the Zoning Ordinance, any individual or entity found to be violating the Zoning Ordinance shall be guilty of a misdemeanor and fined not less than $10 nor more than $1,000, with each day a violation is committed or continued constituting a separate offense.