Rules & Regulations

RULES AND REGULATIONS
OF
THE COUNTY PLANNING COMMISSION
HENRICO COUNTY, VIRGINIA

Article I – Authority and NameArticle VI – Procedures
Article II – Purpose and DutiesArtivle VII – Applications
Article III – MembershipArticle VIII – Records
Article IV – OfficersArticle IX – Advice
Article V – MeetingsArticle X – Suspension Rules
Article XI – Amendments


ARTICLE I – AUTHORITY AND NAME

  1. Authority

The Planning Commission is hereby established pursuant to the authority granted under Title 15.2, Chapter 22 of the Code of Virginia and Chapter 2 of the Henrico County Code.

  1. Title

The official title of this commission shall be the “Henrico County Planning Commission.”

  1. Virginia Freedom of Information Act

The Henrico County Planning Commission is a public body and public access to all meetings and records are governed by the Virginia Freedom of Information Act.


ARTICLE II – PURPOSE AND DUTIES

  1. Advisory Role

    The Planning Commission advises the Henrico County Board of Supervisors on orderly growth and development, and in cases, makes recommendations on requests for exceptions in compliance with Chapter 22, Title 15.2. of the Code of Virginia and Chapter 24 of the Henrico County Code (Zoning Ordinance).

    1. Adopted Duties

      The duties of the Planning Commission include:

      • Preparing and recommending updates to the Comprehensive Plan, including revisions to the Future Land Use Map and Major Thoroughfare Plan.
      • Reviewing and determining Substantially in Accord findings pursuant to Virginia Code Section 15.2-2232.
      • Preparing and recommending amendments to Henrico County Zoning (Chapter 24) and Subdivision (Chapter 19) Ordinances.
      • Reviewing and making recommendations on zoning map amendments (rezoning and conditional rezoning applications).
      • Reviewing and making recommendations on provisional use permits and amendments to proffers applications.
      • Reviewing and deciding requests for exceptions from the requirements of Article 5, Division 8, Chesapeake Bay Preservation, in accordance with Sec. 24-5805.
      • At the request of the Planning Director, reviewing and deciding requests for alternative fence height, in accordance with Sec. 24-5404.
      • Advising on the Capital Improvement Program (CIP).
      • Carrying out any other powers and duties delegated by the Board of Supervisors, consistent with or as required by the Code of Virginia.


      ARTICLE III – MEMBERSHIP

      1. Composition

      The Planning Commission will consist of six members.  The Board of Supervisors will appoint five members (one from each magisterial district) to serve one-year terms and may be reappointed.  The Board of Supervisors will annually appoint a member of the Board to serve on the Planning Commission as its sixth member.

      1. Vacancy

      The Board of Supervisors will appoint a replacement for any vacancy on the Commission for the remainder of the term.


      ARTICLE IV – OFFICERS

      1. Election of Officers

      Each December, the Commission will nominate a slate of officers for Chair and Vice-Chair to be elected by roll call at its next meeting in January.

      1. Duties of Officers

      The Chair presides over meetings and ensures orderly conduct.  The Vice Chair will assume the duties of Chair in their absence.  If both Chair and Vice-Chair are absent, an Acting Chair will be elected by the Commission members.

      1. Secretary

      The Director of Planning will serve as Secretary.  The Secretary will attend all meetings and conduct all official correspondence to the Commission.  Responsibilities include maintaining records, preparing maps, issuing notices, and providing staff support.

      ARTICLE V – MEETINGS

      1. Regular Meetings

      Regular meetings will be generally held on the first Thursday after the second Wednesday of each month at 6:00 p.m.  If a meeting date falls on a legal holiday, the meeting will be held the following day, unless otherwise designated by the Commission.  The Commission will adopt by resolution an annual schedule of regular public hearing dates by the end of October and make available on the county’s website.

      1. Special Meetings

      The Chair can call a special meeting if two Commission members submit a written request.   The secretary will notify all members, at least five days in advance of a special meeting, and prepare public notice fixing the time and place of the meeting and the purpose thereof.  Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting or file a written waiver of notice.

      1. Location

      All regular meetings will be held in the Board Room of the County Administration Building located at 4301 E. Parham Road, or at such time and place designated by the Chair in consultation with the Secretary and members of the Commission.

      1. Public Access

      All meetings will be open to the public, but the Commission may, after appropriate action, adjourn for a closed session to discuss matters meeting the requirements set forth in the Virginia Freedom of Information Act.

      1. Remote Participation by a Commissioner

      In accordance with the Planning Commissioner’s Remote Participation Policy as authorized by the Code of Virginia, an individual Planning Commission member may participate in its public meetings remotely due to a medical condition or personal matter that prevents attendance in person, provided that a quorum is physically present.  The Remote Participation Policy will be reviewed and adopted annually to be in effect. 

      1. Meeting Postponement

      If the Chair, or Vice-Chair if the Chair is unable to act, finds and declares that the weather or other conditions are such that it is hazardous for the Commission members and the public to attend a regular meeting, the meeting will be postponed for a period of one (1) week to the same time the following week; however, if the postponement would be to a County holiday or the day before a County holiday, the meeting will be postponed to two (2) days before the County holiday.  Commission members and the press will be notified as promptly as possible, and notice will be posted on the front doors of the Commission’s meeting room and courthouse. All hearings and other matters previously advertised will be conducted at the continued meeting, and no further advertisement or notice is required.


      ARTICLE VI – PROCEDURES

      1. Quorum

      All business must be conducted by a quorum of the Commission.  A quorum will consist of four of the six-member Commission in accordance with State law and no action of the Commission is valid unless authorized by a majority vote of those present (including authorized remote participation) and voting.

      1. Motions and Voting

      All motions require a second to be considered by the Commission.  The Commission will vote to recommend approval or denial on items on the agenda or defer an item to a specified hearing date.  Withdrawals by the applicant do not require a motion or action by the Commission. 

      The Commission shall report to the Board of Supervisors no later than one hundred (100) days after the first meeting of the Commission after the proposed zoning amendment or reenactment has been referred to the Commission unless the applicant has in writing waived his right to receive such report in one hundred (100) days and has specified the additional time period the Commission may utilize.

      1. General Order of Business

      The order of business at all regular meetings of the Commission will be as follows unless otherwise rearranged by the Chair:

      1. Call to Order and Roll Call
      2. Policies of public participation
      3. Consideration of requests for deferrals, and record of withdrawals
      4. Consideration and approval of requested items on the expedited agenda
      5. Hearing and consideration of items (cases) on the regular agenda
        1. Presentation by staff
        2. Presentation by the applicant
        3. Public testimony
        4. Closure of public testimony
        5. Commission deliberation and questions to staff
        6. Commission motion and vote
      6. Consideration of discussion items
      7. Approval of minutes of previous meeting.
      8. Adjournment.  No motion to adjourn will be required unless requested by the Chair.

      Cases will be heard in the order in which they appear on the agenda, except a case may be advanced for hearing by order of the Chair and concurrence of the Commission upon good cause shown and with the concurrence of the Chairman.

      1. Public Participation

      The Chair or Secretary will outline meeting procedures and time limits for all participants, including those attending remotely. Participants with written statements should submit them to the Secretary before speaking for Commission review. Speakers must state their name and address, address only the Commission, and limit comments to agenda items. Organizations are encouraged to designate a single representative to speak.

      The Commission will establish reasonable time limits on the length of testimony.  Following staff’s presentation and recommendation, testimony will be heard in the following order and within the following time limitations:

      1. The applicant or their representatives will have 10 minutes to present testimony.  A portion of that time can be saved for rebuttal of opposition statements.
      2. Individual speakers in support and not part of the applicant’s representation will have up to two minutes to present their testimony and collectively will not exceed 10 minutes, unless the Chair extends its time.
      3. Individual speakers in opposition will have up to two minutes to present their testimony and will not exceed a total of 10 minutes, unless the Chair extend its time.
      4. A group representative may speak for support or opposition for up to 10 minutes if four other citizens appear at the podium, identify themselves, and each cede two minutes of their time.
      5. The applicant or their representative may use time saved for rebuttal.
      6. Time to respond to questions of the Commission will not be included in the allotted time for public participation.
      7. The Secretary will keep track of the time allotted to speakers and inform each group (applicant, opposition and support) when they are approaching the end of the allotted time limits.  
      1. Request for Deferral 

      To address outstanding issues or recommendations in the staff report, the applicant or their representative with the power of attorney may voluntarily request a deferral to another regular public hearing date.   If there is no objection to the deferral request, the Commission will make a motion and vote to grant or deny the deferral.  In making a voluntary request, the applicant waives the time limits for decision pursuant to State Code Section 15.2-2285.

      The Planning Commission may also defer an item under their own initiative, provided the deferral(s) do not exceed 100 days per Section 6.2 of the Commission’s Rules and Regulations.

      Public participants will consider the request for deferral only and not the substance of the application.  If there is opposition to the deferral request, the Commission may vote to deny the request, and the item will be heard in the order placed on the agenda.

      1. Expedited Review

      An expedited review of applications may be used in order to make the most efficient use of the Commission’s time, to reduce unnecessary waiting by the public and development community.  An item on the agenda may be expedited if it meets the following criteria:

      • The staff must be recommending approval of the applicant’s request subject to any conditions for a conditional rezoning or provisional use permit.
      • The staff and commission are unaware of any opposition to the request.
      • The applicant must submit a letter starting its agreement with the staff’s recommendation and conditions, and stating the applicant is unaware of any opposition to the request.  The letter must be received by the Secretary no later than 4:00 p.m. on the Tuesday prior to the meeting.

      Those items placed on the expedited agenda will be addressed individually with specific motions and votes on each.

      Any member of the Commission may ask to remove any item from the expedited agenda, without a motion, and with the consensus of the Commission will be heard in the order it was placed on the regular agenda.

      ARTICLE VII – APPLICATIONS

      1. Rezoning, Provisional Use Permits, and Amendments to Proffers

      Every application submitted by a property owner for an amendment to the County’s Zoning District Map (rezoning), a Provisional Use Permit, or an amendment to proffers accepted with a previous rezoning must be filed electronically through the Build Henrico portal. Applications will include all documents and information required under Section 24-2203 of the County Code (Zoning Ordinance), along with payment of fees established by the Board of Supervisors. These fees cover the cost of advertising, notifying adjacent property owners, and other expenses related to reviewing and processing the application.  Once the Secretary issues the order for initial publication of the applicant’s request, the fee is considered earned and will not be refunded, regardless of whether the request is approved, denied, or withdrawn.

      1. Application Deadlines

      The Commission will establish application deadlines concurrently with the adoption of their public hearing dates each year.  Applications must be received by the Planning Department at least eight (8) weeks prior to the Commission’s regular meeting.

      1. Number of Agenda Items

      A maximum of nine (9) new applications for zoning district map amendments or a cumulative total of fifteen (15) applications for zoning map amendments, Provisional Use Permits, and Amendments to Proffers, exclusive of those initiated by the Commission or Board of Supervisors, will be placed on each month’s agenda. If the ninth (or fifteenth) new case limit is realized prior to the established deadline for filing, the agenda will be completed as of the date and time the ninth (or fifteenth) case is received. Subsequent applications should be placed on the next available zoning agenda and advertised in accordance with law. The Commission retains the right to waive this limit as it may deem appropriate.

      1. Advertisement and Notification

      Applications for each meeting must be advertised, and notice provided to owners of adjacent property, in conformance with § 15.2-2204 of the Code of Virginia. The Secretary may give notice to additional property owners, groups or other persons deemed appropriate and advisable. Sign(s) may be placed on the property requested for rezoning, change in proffers accepted with a previously approved rezoning case, or provisional use permits. The sign will be a notice that a request has been filed and displays a case reference number, telephone number, and website whereby additional information can be obtained.

      1. Distribution and Availability of Staff Reports

      The Planning Director will prepare and transmit the agenda, and staff reports to the Planning Commission within two weeks but no later than one week prior to the public hearing.  After staff reports are transmitted to the Commission, the Planning Director will transmit a copy of the staff report to the applicant; and make it available for examination by the public on the Planning Department’s website and in the Planning Department office during normal business hours.

      1. Conditional Rezoning

      In accordance with Section 24-2304 of the County Code (Zoning Ordinance), if the property owner involved in a rezoning request chooses to amend the application to request conditional zoning, the owner must voluntarily submit the proposed conditions in writing as proffers.  The Planning Commission shall, by motion duly adopted at a public hearing, establish the time period during which proffers may be filed. The Commission will defer action on the request, and new notices will be issued as required by law. If deemed necessary, the Commission may also direct the Secretary to readvertise the request prior to the hearing at which it makes its recommendation to the Board of Supervisors.

      If the property owner involved in a conditional rezoning request wishes to add or modify proffered conditions, the changes must be submitted in writing at least 48 hours prior to the Commission meeting at which the recommendation to the Board of Supervisors will be made.  The Commission retains the authority to waive this deadline upon approval of a motion. All amended proposals must include a blacklined version showing the changes, with new language underlined and deleted language struck through.

      1. Decision on Applications

      In determining what, if any, amendments to the Zoning Ordinance are to be adopted, the Commission shall give due consideration to the proper relationship of such amendments to the Zoning Ordinance and Comprehensive Plan for the County of Henrico and such other considerations as required by state law.

      The time to review and make recommendations on applications will be in accordance with Sections 24-2203, 24-2303 and 24-2304 of the Zoning Ordinance.  (And Va Code 15.2-2285 B)

      ARTICLE VIII – RECORDS
      All records of the Commission will be a public record unless exempt under Virginia Freedom of Information Act.

      ARTICLE IX – ADVICE
      No informal request for advice will be officially considered by the Planning Commission.

      ARTICLE X – SUSPENSION RULES
      These rules may be suspended in whole or in part only upon the unanimous vote of the members of the Commission present.

      ARTICLE XI – AMENDMENTS

      These rules may be amended or modified by the affirmative vote of four (4) members.

      Amended January 13, 1983
      Amended January 14, 1988
      Amended January 12, 1989
      Amended January 11, 1990
      Amended February 25, 1992
      with effective date of April 1, 1992
      Amended January 14, 1993
      Amended January 11, 1996
      Amended January 28, 1997
      Amended January 15, 1998
      Amended September 10, 1998
      Amended April 13, 1999
      Amended April 5, 2000
      Amended September 24, 2003
      Amended August 9, 2007
      Amended March 26, 2014
      Amended August 11, 2016
      Amended February 22, 2017
      Amended December 9, 2021
      Amended March 13, 2025
      Amended April 9, 2026

      Adoption Date April 9,2026