Zoning Ordinance Rewrite Change Highlights - Grandfathering Resolution

In October 2023, the Board of Supervisors informally endorsed grandfathering rules that were formally adopted on December 13, 2023. Generally, the concept of “grandfathering” allows any pending development applications to be approved under the prior zoning regulations. The grandfathering provisions are considered reasonable accommodations for land use applications that are already in progress because the applications were developed and submitted based on existing zoning regulations. All new land use applications that are submitted after the date of adoption are subject to the new ordinance.   

As adopted, the resolution allows all legislative and administrative applications that have been officially accepted for review in accordance with applicable county ordinances and policies on or before the date on which the new Zoning Ordinance was adopted (December 13, 2023), to continue to be processed under the previous ordinance (Revised 1993 Zoning Ordinance) provided the applicant does not make any modification(s) to their application that: 

  • Changes or adds uses. 
  • Increases density or Floor Area Ratio (FAR). 
  • Changes or increases the land area subject to the application.  
  • In the absence of grandfathering, would require compliance with a new or amended regulation in the new Zoning Ordinance, unless such modification was requested by or made in response to a comment from county staff in an official referral or review memorandum. 
  • Otherwise requires a legislative application to be remanded to the Planning Commission for further consideration as determined by the County Attorney’s Office. 

The Grandfathering Resolution provides administrative and legislative applications to retain grandfathered status for so long as the applicant diligently pursues approval of their application, as defined in the resolution.  

The resolution does not grandfather applications for Zoning Conversion in the Route 28 Tax District (ZRTD). Instead, any pending application requesting to convert from the 1972 Zoning Ordinance would need to convert to the new Zoning Ordinance.  

Last updated 12/18/2023