MANDATORY VS DISCRETIONARY CHANGES
What changes to the proposed new Zoning Ordinance are required by the Virginia State Code?
What changes are decided by the Franklin County Government?
Some parts of the rewrite bring the ordinance into compliance with state law—but a large portion introduces entirely new regulations that were not required and significantly expand oversight of land use, especially in agricultural and rural areas.
MANDATORY
DISCRETIONARY
The Code of Virginia (Title 15.2) has evolved significantly, and older ordinances, such as our current “Chapter 25 Zoning Ordinance,” used outdated language, did not cite current statutes, and lacked clarity on authority.
Administrative structure aligned to state law.
These are legitimate updates needed for legal compliance and defensibility.
Revisions include:
• Rewritten Zoning Administrator powers
• Clear references to state statutes
• Formalized Board of Zoning Appeals, Planning Commission roles
Vested rights + grandfathering
This is a necessary modernization and a major legal update since older ordinances are often weak in this category. Virginia law (especially § 15.2-2307) has become much stricter about protecting property rights and defining when rights vest. The proposed zoning ordinance explicitly adds detailed transition rules and clearer protection for existing uses. Revisions include:
• Vested rights
• Pending applications
• Expanded nonconformities
Enforcement modernization
This is a required update to improve clarity on enforcement to e.g. tie civil penalty structure to state code and to clarify inspection authority. State law now clearly defines how localities enforce zoning and sets limits on penalties. Revisions include:
• Civil penalties structure
• Criminal thresholds
• Inspection authority with warrants
Application procedures
This is a major overhaul of the ordinance since Virginia law now requires disclosure of ownership (§ 15.2-2289), conflict-of-interest transparency, and more standardized processing. These are modern best practices and partially required by law. The proposed new ordinance adds:
• Preapplication meetings
• Submission standards
• Ownership disclosures
• Fee structure tied to statute
Public notice + hearing procedures
This is a necessary compliance update since Virginia Code (§ 15.2-2204, etc.) has specific notice requirements. This is reflected in New Article 3, Division 12:
• Formalizes notices
• Posting requirements
• Mailing requirements
Use definitions + structure cleanup
This needed modernization is likely due to the accumulation of inconsistencies over time. This does not constitute a policy change. The proposed ordinance:
• Consolidates definitions (Article 10)
• Standardizes terminology
• Aligns with modern zoning language
The Code of Virginia does NOT require this level of detail and the entire large article 7 is about use standards. This is a policy CHOICE. The new ordinance creates detailed use standards for Agritourism, Event venues, Smoke/vape shops, Short-term rentals, Mobile vendors, RV storage, and much more.
Agricultural use segmentation
This big change is not required by Virginia law and constitutes new control over agriculture. The current ordinance treats agriculture more broadly; the new ordinance categorizes and regulates it. The proposed ordinance has new distinctions which impact small livestock, including bees, the ability to have a home-based agriculture, and small farms:
• Agriculture vs. “intensive agriculture”
• Residential agriculture
• Agritourism with standards
Use-Matrix system
This is a major structural change to create a modern planning tool, but it is not required and often results in more rigid control. The old ordinance used narrative lists, which are much more flexible. The new Article 6 creates a centralized” Use-Matrix” that precisely dictates:
• Permitted uses
• Special use permits
• Prohibited uses
Overlay districts expansion
This is a new policy direction, not an update requirement. The Code of Virginia allows overlays but does NOT require them. The overlays impose design standards, access requirements, and use restrictions. Expansion is primarily focused on Rt. 220 and creates:
• 220 North overlays
• Scenic gateway
• Mixed-use overlay
• Rural development overlay
Community design standards
This is a discretionary regulation, not required by state law, and creates a big shift that moves beyond “use” into how land must look and function. Article 8 of the proposed new ordinance includes:
• Lighting
• Landscaping
• Buffering
• Parking design
• Open space requirements
New/expanded regulation of modern uses
These are partly necessary to address new uses that did not exist (or were uncommon) when the current ordinance was written in the late 80s. It is important to note that the scope of these regulations is discretionary, and the level of regulation is chosen locally. Revisions include regulations of:
• Data centers
• Solar (multiple categories)
• Battery storage
• EV charging
• Short-term rentals
• Marijuana retail
Increased procedural requirements
These are not required by Virginia law or mandates and create a new administrative burden since they add time, cost, and complexity. Additions include:
• Preapplication meetings (mandatory)
• Concept plans
• Expanded site plan requirements