FAQs

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Planning - Rezoning

1. What is a rezoning?: James City County designates all land to one of the 15 zoning districts outlined in the Zoning Ordinance. Certain land uses are allowed in each district, and the rules governing each zoning district vary.

Sometimes, a parcel of land must have its zoning district designation changed to develop or use that land in a certain fashion. The process of changing a parcel's zoning district is called a rezoning. The rezoning procedure helps the Planning Division, Planning Commission, and Board of Supervisors take a closer look at a zoning change. This includes the proposed zone's compatibility with existing zones, surrounding development, and the County Comprehensive Plan.

2. When can I submit an application?: Applications must be submitted at least 6 weeks prior to a scheduled meeting to be placed on the Planning Commission agenda. The Planning Commission usually meets on the first Wednesday of each month. Please view the Planning calendar for the most current meeting schedule.

3. How long will it take to process my application?: An application will take a minimum of 12 weeks to review, depending on the time of your submittal and the Planning Commission meeting schedule. Processing will take additional time if the Planning Commission and/or the Board of Supervisors defer action on your case.

Staff strongly recommends that you either submit a conceptual plan or set up a pre-application meeting to review the rezoning process and answer questions. Read more on the Rezoning page.

4. What is the procedure for obtaining a rezoning?: Prior to the Planning Commission meeting, staff will review your application by making a site inspection and verifying the information on your application for compliance with County codes and ordinances. Staff will consider the impact of the rezoning on surrounding land uses and public welfare. Staff will also consider the rezoning's compatibility with the County's Comprehensive Plan. Additional County and State agencies will review and comment on your proposal. When all comments are received, staff will incorporate them into a report for the Planning Commission. You will receive a copy of the staff report in advance of the Planning Commission meeting.

5. Will I need any other permits after my rezoning is approved?: Even with a rezoning, you may still need a special use permit from the Board of Supervisors to allow a certain use on a property. You may also need to submit a site plan or subdivision construction plan, which are processes handled by the Planning Division. You may also need a building permit. Contact the Building Safety and Permits Division at 757-253-6626 to get information about applying for building permits. It is possible to have a site plan and a building drawing reviewed concurrently, but a building permit will not be issued until final site plan approval has been obtained.

If clearing, grading, and/or installing utilities will be involved, you will need to contact the Engineering and Resource Protection Division at 757-253-6670 for a land disturbing permit. Other than a land disturbing permit and building permit, a Health Department permit is required for plans proposing septic tanks and/or wells. Developments with sewage pumping stations or well facilities also require approval from the State Health Department. If any kind of Health Department permit is required, you will have to submit plans to both the Planning Division and the Health Department. Call the Health Department at 757-253-4813 for more information.

6. If my application is denied, can I appeal the Board of Supervisors' decision?: Yes. You can appeal the Board of Supervisors' decision to the Circuit Court. Call the Clerk of the Circuit Court at 757-564-2242 for information.

7. If my application is denied, can I try again at a later time?: If the Board of Supervisors denies your request for a rezoning, you may not resubmit the application for 1 year unless the application contains significant differences.

9. Can a special use permit be processed at the same time as a rezoning application?: Yes. Planning staff can process a special use permit application and a rezoning for the same project concurrently.