Rezoning

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Introduction:
Every parcel in Augusta County has a zoning designation. For example, General Agriculture, Single Family Residential, General Business, or General Industrial are zoning districts. When the use desired for the property isn’t consistent with the current zoning, the property owner can request the zoning of the property be changed.

Who May Apply:
Any owner or contract purchaser of property within Augusta County may apply to rezone property. If the applicant does not own the property, the applicant must have the owner’s consent to have it rezoned. The agent for the rezoning must have the full power to negotiate with the Planning Commission and Board of Supervisors on the rezoning. Rezonings can also be initiated by the Board of Supervisors or at the recommendation of the Planning Commission.

Presubmission Conference:
Anyone contemplating rezoning a piece of property in Augusta County should first contact the Community Development Department and request a potential rezoning report be prepared on the property. After receipt of that report, a presubmission conference is required with the Director of Community Development or his designee.  In some cases, a Traffic Impact Analysis will also be required prior to making application. Community Development staff will review the request with the applicant and offer preliminary comments. Additional suggestions will be made to the applicant prior to submittal of the application.

How to Apply:
Application is made with the Community Development Department at the Augusta County Government Center. Applications will be filled out by Community Development staff. A rezoning fee of $350 plus $10 per acre - $2500 for Planned Unit Developments - or $150 for rezoning to General Agriculture will be required at the time of application. Applicants should bring a copy of any proffers being offered at the time the application is submitted. Proffers are specific commitments made by the applicant to address development related issues.

How Long It Will Take:
Depending on when the application is filed, the rezoning process usually takes less than 60 days.

Public Information:
Prior to the public hearings held by the Planning Commission and Board of Supervisors on rezoning requests, notice is given to all adjacent property owners and signs are posted on the property notifying the public of the pending zoning actions. Rezoning requests are also advertised in a newspaper having general circulation in the County.

Staff reports are prepared and copies are sent to the applicant, the property owner, Planning Commission members, and Board of Supervisors members. Copies are also made available to the public at the Government Center and online.

What Happens at the Meetings:

The following process is used at the meetings:

  • The Chairman will announce the request. 
  • The applicant or his representative will present his case for rezoning. If a representative presents the case for the rezoning, they must be prepared to negotiate on behalf of the applicant with the Planning Commission. 
  • Persons wishing to speak in favor of the request will be allowed to do so. 
  • Persons wishing to speak in opposition to the request will be allowed to do so. 
  • The applicant or his representative will be given a chance for rebuttal. 
  • The public hearing will be closed. 
  • The request will be discussed by the Planning Commission. 
  • The Planning Commission will take action on the request or continue the public hearing to a later date. They can recommend approval, denial, or table the request for additional study. 
  • Once the Planning Commission makes a recommendation, the request is taken to the Board of Supervisors for action. 
  • The Public Hearing conducted by the Board of Supervisors follows the same format as the Planning Commission.

What Happens Next:
If the rezoning is approved by the Board of Supervisors, all proposed development must go through the normal site plan and building plan review process prior to the start of construction. For information on this process, contact the Department of Community Development and the Building Inspection Department. If the rezoning is not approved, the Board of Supervisors must wait one year to act on a request on the same parcel of land for substantially the same zoning change.