A GUIDE TO THE DEVELOPMENT PROCESS
FOR PROJECTS REQUIRING SPECIAL
PERMITS OR SPECIAL EXCEPTION
| in this publications: |
| Introduction |
| Overview |
| Steps in the Process |
| Additional Information |
INTRODUCTION
This guide provides a brief, informal summary of a segment of the development process. The guide is divided into two sections.
Section 1 (Overview) addresses issues related to each of the four major phases of the development process:
- Site selection/Preapplication
- Planning (including approval of a rezoning, special exception, special permit or variance)
- Site Plan Review
- Building Plan Review, Permit Application and Inspection
Section 2 (Steps in the Development Process) does the following:
- Summarizes the basic steps and requirements in the development process.
- Informs applicants as to where they may obtain information.
- Informs applicants as to approximately how long the development processes will take.
Points to Remember:
Resolution of issues related to project design and acquisition of easements may extend the time frame for completion of a project. For example:
- Projects may increase or conflict with existing traffic in the area of the development and may generate a need for road improvements, such as road widening or a right turn lane, to be provided by the applicant.
- Additional parking may be required and existing parking and entrance facilities may need to be brought up to current Public Facilities Manual standards.
- Service drive requirements on primary roadways, screening requirements and stormwater management requirements must be resolved prior to obtaining site plan approval.
Additionally, the type of building construction and the use of the building are significant factors in the development process. For example:
- Structures containing day care facilities for six or more children two and one half years of age and under are not permitted in certain types of construction.
- Increasing the number of children in a child care program, or changing the age of children accepted into the program is considered a change of use and requires a building permit and may require a special permit or special exception.
Further, the location of the project and the type of construction may be factors in the development process. For example, certain parts of the county have been designated as Commercial Revitalization Districts and Areas. Alternative processes may be available for projects located in these Districts and Areas.
Certain steps in the process such as the preparation of site plans can be met only by a professional engineer, architect, landscape architect or land surveyor. In addition, hiring a professional familiar with the Fairfax County development process to perform a feasibility study and to oversee the entire project may expedite the process for the applicant. The professional should be familiar with the current requirements and regulations in Fairfax County.
SECTION 1 - OVERVIEW
SITE SELECTION/PREAPPLICATION PROCESS OVERVIEW:
Feasibility Study. Each project is unique and subject to its own set of requirements depending on the location and the particulars of the proposal. Determining the Zoning District and allowable uses for the site, reviewing the recommendations of the Comprehensive Plan for the site and determining the requirements with which the project must comply enable the applicant to determine the project's feasibility. Addressing potential difficulties in meeting requirements at the outset may preclude delays later in the review process. Approval by the Board of Supervisors (Board) of a rezoning or special exception or approval by the Board of Zoning Appeals (BZA) of a special permit may also be required for some uses.
SPECIAL PERMIT AND SPECIAL EXCEPTION PROCESS OVERVIEW:
Certain uses, by their nature, need to be reviewed on a case by case basis to assess the impact upon other uses of land. These special uses may be allowed within given designated zoning districts under the controls, limitations, and regulations of a special permit or special exception.
Application, Review and Public Hearing Process. Projects requiring a special permit must be approved by the BZA. The application for a special permit is:
- Scheduled for a Public Hearing before the BZA within 90 days from the date the complete application is accepted.
- Reviewed for harmony with the Comprehensive Plan.
- Reviewed for conformance with the Zoning Ordinance.
Projects requiring a special exception must be approved by the Board. The application for a special exception is:
- Scheduled for a Public Hearing before the Planning Commission and Board once the complete application is accepted.
- Reviewed for harmony with the Comprehensive Plan.
- Reviewed for conformance with the Zoning Ordinance.
(Note that all uses planned for the property must appear on the special permit or special exception application.)
Commencement of Construction. Following special permit approval by the BZA or special exception approval by the Board, the construction/operation authorized by the special permit or special exception must begin within 30 months unless otherwise specified by the BZA or Board (as applicable) or additional time to commence construction must be approved later by the BZA or Board. (The application should not be submitted if the applicant is not prepared to commence construction within this time frame). It should be noted that under certain circumstances the BZA or Board may establish a time limit shorter than the standard 30 month period. Generally, commencement of construction means obtaining approval of a site plan and a building permit and installing the footings for the building. Construction must be pursued diligently. If this cannot be accomplished within 30 months, the applicant may request additional time to commence construction by sending to the Zoning Administrator a written request which must be filed prior to the 30 month expiration date and must contain an explanation of why the use has not been established or construction started within this time frame. (Note that the applicant must request the additional time prior to the expiration date or the special permit or special exception expires). It is noted that the special permit or special exception is not deemed to be established until a Non-Residential Use Permit (Non-RUP) or Residential Use Permit (RUP), as applicable, has been issued.
SITE PLAN REVIEW PROCESS OVERVIEW:
Site Plan Submission and Review Process. A site plan must be submitted and approved prior to the commencement of construction. The site plan must conform to the approved special permit or special exception plat as may be further modified by the development conditions imposed by the BZA or Board. All special permit or special exception conditions must be included on the site plan, and the site plan must comply with the requirements of Article 17 of the Zoning Ordinance regardless of special permit or special exception conditions. Depending on the particulars of the project, the site plan may require review by any one or several of the following agencies:
|
COUNTY AGENCIES
|
OTHER AGENCIES
|
|||||||||||||||||||||
|
|
Bonds and Agreements. Cost estimates for the completion of public improvements (if required) must be submitted by the applicant's engineer with final site plan submission. Subsequent to verification of the estimates by county staff, the applicant obtains a surety bond, letter of credit or other type of security and returns the executed forms to the county. The bond or other acceptable security must be posted with the county to guarantee completion of the improvements. Acquiring easements, providing escrows for future construction, or other conditions must be satisfied prior to final approval of the site plan.
BUILDING PLAN REVIEW, PERMIT APPLICATION AND INSPECTION PROCESS OVERVIEW:
Building Permits. Building permits are required for constructing, enlarging, altering, repairing or demolishing a building or structure. Building permits are also required when changing the use of a building. Note that in order to change the use of an existing building, the building must meet the requirements of the current code for the new use.
Plan Submission, Permit Issuance and Inspections. The building permit application and building plans may be submitted concurrently with site plan submissions, but the building permit will not be issued prior to site plan approval in accordance with Article 18 of the Fairfax County Zoning Ordinance. Inspections are performed to ensure that all building and site related work is completed according to the approved plans and to ensure that all public improvements are completed.
Non-Residential Use Permit. Prior to occupancy or use of the structure, a Non-Residential Use Permit (Non-RUP) must be obtained from the Zoning Permit Review Branch, Zoning Administration Division, Department of Planning and Zoning which certifies that the final inspections of the building or addition have been completed and that the special permit, special exception or proffer conditions have been met. All public improvements (if required), such as construction of a turn lane, must be completed and approved prior to release of the bonds which were posted with the county to guarantee completion of these improvements.
SECTION 2 - STEPS IN THE PROCESS
SITE SELECTION/PREAPPLICATION PROCESS (APPROXIMATE
TIME FRAME: DETERMINED BY THE APPLICANT)
|
Process Feasibility Study.*
|
Contact
Zoning Evaluation Division or
Land Development Services |
| *NOTE: The Feasibility Study process is not a requirement but a recommended approach. | |
SPECIAL PERMIT PROCESS (APPROXIMATE
TIME FRAME: 3 MONTHS FROM ACCEPTANCE OF APPLICATION)
|
Process 1. Special Permit Application.
|
Contact
Zoning Evaluation Division |
|
2. Special Permit Application Review Process.
|
Zoning Evaluation Division |
|
3. Public Hearings.
|
Clerk to the Zoning Appeals |
SPECIAL EXCEPTION PROCESS (APPROXIMATE
TIME FRAME: 5-7 MONTHS FROM ACCEPTANCE OF APPLICATION)
|
Process 1. Special Exception Application.
|
Contact
Zoning Evaluation Division |
|
2. Special Exception Application Review Process.
|
Zoning Evaluation Division |
|
3. Planning Commission Public Hearing.
|
Zoning Evaluation Division |
|
4. Board of Supervisors Public Hearing
|
Zoning Evaluation Division |
SITE PLAN REVIEW PROCESS
(APPROXIMATE TIME FRAME: 6 - 9 MONTHS)
|
Process 1. Site Plan Submission.
|
Contact
Plan and Document Control |
|
2. Bonds and Agreements Process.
|
Bonds and Agreements |
|
3. Construction (Land Disturbing) Permit Process.
|
Site Permits |
BUILDING PLAN REVIEW, PERMIT APPLICATION AND INSPECTION PROCESS
(APPROXIMATE TIME FRAME: 4 MONTHS FOR BUILDING PLAN REVIEW AND
PERMIT
APPLICATION PROCESS; INSPECTION PROCESS DETERMINED BY APPLICANT)
|
Process 1. Permit Application and Building Plan Review Process.
|
Contact
Permit Application Center
|
|
Critical Structures Section |
|
2. Inspection Request Process.
|
Inspection Requests and Records Center |
|
3. Obtain Non-Residential Use Permit prior to occupancy |
Zoning Permit Review Branch |
|
4. Post-occupancy requirements
|
Land Development Services |
ADDITIONAL INFORMATION
The information contained in this Guide is provided as a brief informal summary of a segment of the development process and is not intended to give specific details on the process or the requirements. For specific requirements, consult the following documents: The Code of the County of Fairfax, Virginia (particularly Chapters 61, 62, 64, 65, 66, 71, 101, 104 and 117), The Fairfax County Zoning Ordinance (particularly Articles 8, 9, 13, 17 and 18), the Fairfax County Public Facilities Manual and the Virginia Uniform Statewide Building Code. These documents are available for purchase at the Publications Counter, Government Center, Suite 156, 12000 Government Center Parkway or may be viewed at Fairfax County Libraries.
For more information on programs available for projects located in Commercial Revitalization Districts, please visit the Revitalization page.