THE PLANNING COMMISSION

The Town of Vinton Planning Commission is made up of five citizens who are appointed by Vinton Town Council. The Planning Commission serves as an advisory board to the Town Council. They make recommendations on a variety of land use issues such as rezonings, special use permits, greenways, special development ordinances, and changes/updates to the Vinton Zoning Ordinance. The Planning Commission is also in charge of preparing and maintaining the Town's Comprehensive Plan, and recommending changes to it to reflect new land use policies. Additionally, they undertake special projects and develop programs designed to ensure the implementation of policies and programs contained in the Comprehensive Plan.

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MEETING SCHEDULE

Planning Commission public hearings/meetings are scheduled on an as-needed basis.

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REZONINGS AND SPECIAL USE PERMITS

The Planning Commission reviews and makes recommendations on rezoning and special use permit applications to the Town Council. The Commission holds public hearings on an as-needed basis. Meetings are scheduled after an application is submitted to the Planning and Zoning Department, usually within 4 to 6 weeks . This is required for the Town to adequately review applications and to meet the public notification requirements of Virginia State Code.

A REZONING is often requested when a property owner wishes to use a piece of property for a land use not permitted in the zoning district, as defined by the Vinton Zoning Ordinance. An application for a rezoning can be initiated by the Town Council, the Planning Commission, a property owner, or any other party with the written consent of the property owner.

All proposed amendments to the zoning ordinance and zoning maps are referred by the Town Council to the Planning Commission for study and recommendation. The Commission studies each proposal to determine:

1. The need and justification for the change and how the proposed change relates to the zoning district purpose.
   
   
2. The effect of the zoning change, if any, on the property, surrounding property, and on public services and facilities.



3. The relationship of the proposed zoning amendment to the purposes of the general planning program of the Town, including the guidelines of the Comprehensive Plan.

A CONDITIONAL REZONING is an instance where the owner of a property voluntarily proffers, in writing, reasonable conditions in addition to the applicable regulations for the requested zoning district. A property owner may wish to proffer conditions in order to make his project more compatible with the adjacent properties, zoning district, and goals of the Comprehensive Plan. The result may be a project that is more feasible and more acceptable to the Planning Commission and Town Council. While the proffered conditions should be submitted prior to the review of the proposal by the Planning Commission, they MUST be submitted prior to consideration by the Town Council. The Planning Commission and Town Council are under no obligation to accept any or all of the proffered conditions; however, the conditions do represent an earnest effort by the owner to make his or her project work. It is important to note that the property owner, not the applicant, must sign these proffered conditions. If the applicant is not the property owner, he or she must obtain the approval and signature of the property owner.

Along with the uses allowable by-right in each zoning district are uses that are allowed only by SPECIAL USE PERMIT. These uses may be compatible with other uses within that zoning district, depending on their scale, design, and location. Special use permits are generally subject to certain standards to ensure that the use is appropriate to the area. The special use permit process includes a hearing and recommendation by the Planning Commission and a hearing and decision by the Town Council. The Planning Commission may recommend and the Town Council may approve additional conditions to make the proposed land use more compatible.

How does the Rezoning/Special Use Permit application process work?

State Code requires that all rezoning and special use permit applications proceed through a series of public hearings that are advertised. Additionally, adjacent property owners are notified by mail of the date, time and location of these hearings. To accommodate the legal requirements, ample time must be given between the submission of the application and the public hearings. A typical rezoning or special use permit application takes approximately 6 to 8 weeks from submission of the application to the final decision by the Town Council. Below is a summary of application requirements. Planning and Zoning Department staff are available to assist citizens with this process.

• The property owner or contract purchaser sets up a meeting with a staff member from the Planning and Zoning Department. At this meeting, the staff member can explain what is required in the application, further explain the process, and answer any questions the petitioner may have.



• After the initial meeting, the petitioner submits the rezoning/special use permit application. The application must be completed and signed by the property owner, contract purchaser or owner's agent. Additionally, the following items must be submitted with the application:
  
  
  
  1. A concept plan for the proposed project;
  2. Metes and bounds (legal) description of the property;
  3. Planimetric maps when applicable;
  4. List of adjoining property owners, including the owners' names and addresses (mailing address including zip code), and tax map numbers of all adjoining properties and those directly across any public right-of-way must accompany the application, including those in other jurisdictions;
  5. Application fee;
  6. Any conditions the owner wishes to proffer, if applicable.
  
  
• A member of the Planning Department's staff will prepare a report for the Commission, mail notices of the hearing to the adjacent property owners, and will submit a legal ad in a newspaper of general circulation, as required by State code.

• On the evening of the public hearing with the Planning Commission, either the petitioner or his or her representative is expected to give a brief presentation to the Commission and answer any questions the Commissioners have. It also gives the petitioner an opportunity to address any concerns expressed by the Commission, staff and citizens present, and propose possible solutions to perceived problems. Many times these solutions are in the form of voluntary proffers that must be signed by the current property owner. The Commission usually makes their recommendation to the Town Council the same evening, but has 90 days by law to make its recommendation.

• Between the public hearing with the Planning Commission and the Town Council, notices are again posted in the newspaper. Additionally, the petitioner has an opportunity to volunteer any additional proffers which he or she feels may make the project more compatible with adjacent uses and zoning.

• The Town Council will hold a public hearing. The Council usually votes on whether to approve or deny the application at the public hearing, but they do have up to 12 months to make a final decision. If the project is approved, the petitioner must then submit a development plan. If the project is denied, the petitioner may appeal the decision to the Circuit Court within 30 days.
  

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PLANNING COMMISSION MINUTES

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PLANNING COMMISSION AGENDAS

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