Zoning Ordinance Rewrite Change Highlights - Chapter 10: Procedures

Chapter 10 of the new Zoning Ordinance establishes procedures for applications and other processes administered under the Zoning Ordinance, such as a zoning determination, administrative modification, zoning permit, sign permit, site plan, subdivision, variance, commission permit, zoning amendment, special exception, administrative parking adjustment, enforcement, and appeal. 

The new ordinance also changed the existing procedures for addressing inactive applications, which now administratively withdraws inactive applications after one month of sending a notice to the applicant with instructions of how to remain active, instead of the previous procedure that required the Board of Supervisors (Board) to dismiss applications only after they have been inactive for as many as three years.  

Zoning map amendment and special exception application timelines and procedures are standardized. Stand-alone sign development plan applications will be reviewed by the Board of Zoning Appeals (BZA), to save time for the applicant and the public. 

The new Zoning Ordinance also increases flexibility in the development process by adding administrative processes, such as administrative modifications and administrative parking adjustments, and revising the process for Board approval of modifications (previously known as zoning modifications). 

Notably, Zoning Ordinance Modification (ZMOD) applications, which require review by the Planning Commission and the Board of Supervisors, are now components of the concept development plan review process of zoning amendment applications. This procedural change now allows reviews by the county to be conducted in a single process, thereby avoiding the need for applicants to submit multiple requests for zoning modifications. The new Zoning Ordinance also clearly specifies which zoning regulations are and which are not modifiable.  

Additional highlights of the changes in Chapter 10 of the new Zoning Ordinance include:  

• Clarifies that a zoning permit is still required even if a site plan is not. 
• Eliminates requirement of sketch plan approval. 
• Clarifies that building heights are modifiable by special exception when authorized. 
• Clarifies that Use-Specific Standards in Chapter 4 are modifiable by minor special exception. 
• Clarifies that sign regulations in Chapter 8 are modifiable by sign development plan.  
• Allows for additional modifications for developments with concept development plans approved prior to the adoption of the new Zoning Ordinance. 
• Allows for modifications by special exception where no concept development plan exists or is required. 
• Specifies when a special exception is established that requires no building or zoning permit. 
• Guides the Board to consider the General Plan when reviewing zoning amendment and special exception applications. 
• Includes additional requirements for establishing the fully customizable Planned Unit Development (PUD) Zoning District. 

Review additional details in the Loudoun County Zoning Ordinance.

Last updated 12/18/2023