Land Use 101

Sample of the Fairfax County review process for applications to change the zoning for a specific site/property (aka site-specific plan application or SSPA).
Table of Contents

    https://www.fairfaxcounty.gov/planning-development/pod

    Planners of the Day (POD) from the Fairfax County Planning and Development Department are available to answer questions from the public Monday through Friday, 8 am-4 pm, by phone or email. They are very good at answering the most basic to the most complex questions, so don’t be shy (but be nice as they are overworked).

    https://www.fairfaxcounty.gov/planning-development/land-use-research

    These are applications that have been submitted by a land owner(s) to change the current zoning for the property or to request an exception. For example, a zoning change would include rezoning from residential to commercial. A sample of an exception would include a reduction in the distance required between a shed and the property line.

    The Board of Supervisors, Planning Commission, and other agencies hold Public Hearings as required by Virginia law/code. However, Fairfax County provides no single calendar or list of all Public Hearings, nor a means for direct notification of hearings other than published notices in The Washington Times (see below). We recommend you sign up for Coalition Updates for notification of Public Hearings regarding land use in the Rose Hill Planning District and Fairfax County.

    Public Hearings and Staff Reports
    Again, there is no single calendar or list of all Public Hearings. To view schedules, agendas, and information including staff reports on applications that are scheduled for public hearings, go to:
    https://www.fairfaxcounty.gov/planning-development/public-hearings-and-staff-reports

    Virginia Legal Notices (search for published notices of Public Hearings)
    https://www.publicnoticevirginia.com/

    Virginia Code

    “Before approving and adopting any zoning ordinance or amendment thereof, the governing body shall hold at least one public hearing thereon, pursuant to public notice as required by § 15.2-2204, after which the governing body may make appropriate changes or corrections in the ordinance or proposed amendment.” (https://law.lis.virginia.gov/vacode/title15.2/chapter22/section15.2-2204/)

    “The local planning commission shall not recommend nor the governing body adopt any plan, ordinance or amendment thereof until notice of intention to do so has been published twice in some newspaper published or having general circulation in the locality, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the date of the meeting referenced in the notice; however, the notice for both the local planning commission and the governing body may be published concurrently.” (https://law.lis.virginia.gov/vacode/title15.2/chapter18/section15.2-1813/)

    JULY 2024: New legislation standardizes the frequency and length of time required for public notices of certain meetings, hearings and other intended actions of local governments. Additional legislation allows any ordinance, resolution, notice or advertisement that is required to be published in a newspaper to be published in an online-only news publication instead. HB 1488/SB 413, HB 264/SB 157

    LINK > https://www.fairfaxcounty.gov/plan2build/development-process-overview

    The Fairfax County Board of Supervisors (BOS) sets land development policy and reviews all proposed land use changes to the County’s Comprehensive Plan for individual properties (aka sites). Proposed land-use changes are referred to as “nominations” and are submitted via “applications”.

    The three primary documents guiding land use and development in the Rose Hill Planning District are:

    COMPREHENSIVE PLAN (Fairfax County)

    2022-2023 ACCEPTED COMPREHENSIVE PLAN CHANGES (pdf)
    The Comprehensive (Land Use) Plan applies to all of Fairfax County. See page 2 for the Franconia District Summary of Proposed Comprehensive Plan Changes.

    • Board of Zoning Appeals
      https://www.fairfaxcounty.gov/planning-development/board-zoning-appeals
      The Fairfax County Board of Zoning Appeals (BZA) hears and makes decisions on requests for variances (relief from specific zoning regulations such as lot width, building height, or minimum yard requirements) and Special Use Permits. These matters do not come before the Board of Supervisors but are decided by the BZA. Staff reports are normally available online one week before the scheduled hearing. Access to information on BZA cases is available through the Planning and Land Use System (PLUS).
    • Fairfax County Department of Housing and Community Development
      https://www.fairfaxcounty.gov/housing/
      Housing-related development and assistance programs and services in Fairfax County are administered through two organizations – the Dept of Housing and Community Development (HCD) and the Redevelopment and Housing Authority (see below). HCD administrates the County’s affordable housing development, preservation, and resident-assistance programs. HCD reports to the County Executive and Board of Supervisors. The department also staffs the Redevelopment and Housing Authority.
    • Fairfax County Redevelopment and Housing Authority (FCRHA)
      https://www.fairfaxcounty.gov/housing/fcrha
      FCRHA is a separate political body from Fairfax County Government and possesses specific powers granted by state law. The Board of Supervisors appoints 11 commissioners – one per district plus two “at-large”. FCRHA (1) initiates and provides opportunities for County residents to live in safe, affordable housing and (2) helps develop, preserve, and revitalize communities through fiscally responsible and open processes.
    • Affordable Housing Advisory Council (AHAC)
      https://www.fairfaxcounty.gov/housing/ahac
      Advise the Fairfax County Board of Supervisors regarding the County’s progress on the preservation and new development of affordable housing opportunities. Provides recommendations to the Board of Supervisors, consistent with the One Fairfax policy, regarding
      • Implementation and achievement of the Community-wide Housing Strategic Plan
      • County resource requirements identified in annual Budget Guidance and other documents that guide affordable housing development and preservation
      • Policies and programs that synthesize, support, and promote County efforts related to housing affordability and homelessness

    Through the Site-Specific Plan Amendment Process (SSPA) landowners submit proposals (“Nominations”) to amend the land-use guidelines in the Comprehensive Plan. The Comprehensive Plan is the guiding document used by the Planning Commission to make recommendations to the Board of Supervisors (BOS). The BOS makes the final land-use decisions.

    Sign up today to receive the Rose Hill “Coalition Update“. Updates are sent to local residents in the Rose Hill Planning District. Emails are kept confidential and not shared. You can request to be removed from the list at any time.

    Subscribe to the Coalition Update

    Save Bren Mar (Data Centers)
    https://sites.google.com/view/savebrenmar/home

    No Casino Coalition
    https://nocasinocoalition.org/

    This is not a comprehensive list. Please send updates to info@rosehillcoalition.org

    • Fairfax County Federation of Civic Associations (FCFCA) is a nonprofit, nonpartisan organization of Fairfax County Civic Associations/HOAs that work with Fairfax County staff, Board of Supervisors, and State Representatives of the General Assembly. The Franconia District does not currently have a representative, as of 9/27/24.
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