Planned Development Zones are designed to encourage innovative and creative design of residential, commercial, and industrial development; facilitate use of the most advantageous construction techniques; and maximize the conservation and efficient use of open space and natural features. These zones are designed to further the purposes and provisions of the Comprehensive Plan and to conserve public fiscal resources; efficiently utilize public facilities and courses; and provide a broad range of housing and economic opportunities to present and future residents of the Town.

Rezoning to Planned Development will be permitted only in accordance with a General Development Plan which is recommended by the Planning Commission and approved by the Town Council in accordance with the procedures and standards contained within this Article and Article XIX.

Any application for the designation to a Planned Development Zone shall be accompanied by a General Development Plan with the requirements set forth in Appendix A. In addition, the submittal shall include the following:

a.

Development schedule and projected market absorption, approximate dates for beginning and completion of each phase, and estimated cost of each phase of development.

b.

Architectural sketches of typical proposed structures, typical recreation areas, typical landscaping and screening areas, and typical development clusters.

c.

A plan or report indicating the extent, timing, and estimated cost of all off-site improvements such as roads, sewer, and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development.

d.

A report or plan showing the adequacy of public facilities and services such as water, sewer, drainage, schools, streets, and roads to serve the proposed development.

e.

A report showing the fiscal impact of the proposed development on the Town.

f.

A statement showing the relationship of the proposed development to the Tappahannock Comprehensive Plan.

The following types of Planned Developments shall be permitted subject to the provisions of this Article, Article XI, and Development Plan approval:

a.

Residential Mixed-Use District: RMX

b.

Planned Business Park District: BP

a.

Preliminary Application shall be made to the Zoning Administrator and referred to the Planning Commission for stage one consideration of a Planned Development zone and shall include, but not be limited to:

1.

A general diagram showing the Planned Development's relation to the Town of Tappahannock and major public access to the Planned Development (ten copies).

2.

The General Development Plan setting forth preliminary information as identified in Appendix A (ten copies). In addition to such information, the Town Planning Commission may include, but not be limited to the following:

(a)

Elevations of each building type.

(b)

Proposed open spaces, their size, their location, their uses, and their proposed ownership (Town and/or association).

(c)

General statement concerning provision of utilities.

(d)

Statement of expected Town responsibilities.

(e)

Cost-Revenue ratio of the proposed development for the Town.

(f)

Tentative timetable and staging of development. (Schedule of construction.)

3.

The applicant shall pay an application fee as previously established by the Town.

4.

After the Planning Commission makes its findings, the application will be forwarded to the Town Council for consideration. If the Council finds that the proposal has merit, it will be preliminarily approved.

b.

Preliminary Site Plan and/or Subdivision Plat. The developer shall submit the following to the Zoning Administrator for review after receiving preliminary approval from the Town Council.

1.

The ten copies of a preliminary site plan or subdivision plat, as appropriate shall be filed with the Zoning Administrator. The preliminary site plan or plat shall comply with the requirements of this Article and/or the Tappahannock Subdivision Regulations and be accompanied by such other written or graphic material as may be necessary or desirable in aiding the decisions of the Planning Commission and the Zoning Administrator.

2.

The Zoning Administrator shall review the site plan or preliminary plat for compliance with the requirements of this Ordinance and/or the requirements of the Tappahannock Subdivision Regulations. The Zoning Administrator shall consult with such Town officials as may be appropriate and may offer such comments as may be appropriate.

3.

Preliminary Site Plan or Subdivision Plat shall include but not be limited to the requirements set forth in Appendix A of this Ordinance and/or Appendix A of the Subdivision Regulations.

4.

A schedule of construction or timetable shall be included with the application.

5.

The developer shall provide a statement detailing the means by which the Planned Development and all its various aspects shall be managed. This shall include deed restrictions and covenants designed to ensure perpetuity of agreements.

6.

The preliminary site plan or subdivision plat shall also include a management statement governing the construction, operation, and maintenance of:

(a)

Sanitary and storm sewers, water mains, culverts, and other underground structures.

(b)

Streets, alleys, driveways, curb cuts, entrances and exits, parking and loading area, and outdoor lighting systems.

(c)

Parks, parkways, cycleways, playgrounds, open spaces, fences, walls, screen planting, and landscaping and signs.

7.

The Zoning Administrator, Planning Commission and/or Town Council may establish additional requirements for preliminary site plans or subdivision plats for the Planned Development District.

8.

After review and a public hearing in accordance with Section 15.1-431 Code of Virginia, as amended, on the proposed zoning, the Planning Commission shall make recommendations to the Town Council. The Zoning Administrator shall return the site plan, together with his comments and recommendations to the Town Council for appropriate action.

c.

Final Review and Approval Procedure.

1.

The Town Council shall review the final site plan and other documents.

2.

If a joint Planning Commission/Town Council hearing is not held the Town Council shall hold a public hearing in the manner required in Code of Virginia, § 15.1-431, as amended.

3.

The Town Council may approve or disapprove the proposed Planned Development zoning. In granting approval, the Council shall secure:

(a)

A surety bond or equivalent to be filed for/or deposited in escrow with the Town Council in an amount sufficient to ensure completion of all requirements established by the Town Council. Such surety to be reviewed annually and adjusted to reflect current costs.

(b)

A final site plan and/or final subdivision plat shall be prepared, filed, and recorded.

(c)

Permits for building shall be issued in accordance with the schedule for construction approved by the Town Council as part of the final approval.

(d)

When a Planned Development is to be developed in stages, each stage shall be processed as a separate development after first submitting and receiving approval of the Planned Development zone for the entire project.

(e)

As part of the final approval, the Town Council shall approve dates for initiation and completion of the Planned Development and/or its phases. Any departure from these dates shall constitute material breach of contract and outstanding bonds can be called in. The Town Council can waive for cause.

a.

Residential Mixed-Use Development in General.

1.

It is the intent of this zone to control the placement, design, use, and density of well planned, residential developments which will offer a variety of building types and a more efficient overall use of land, and within these limits, permit the optimum amount of freedom and variety in the design and management of such varying types of residential structures including one and two-family units, townhouses and garden apartments. The intention of these regulations, is to achieve the following objectives:

(a)

To provide a more attractive and varied living environment than would be possible through the strict application of R-2 district requirements.

(b)

To encourage a more intimate, efficient, and aesthetic use of open space.

(c)

To encourage developers to use a more creative approach in the development of land.

(d)

To encourage variety in the physical development pattern of residential areas.

2.

Because of the special characteristics of the RMX District, special provisions governing the development of land for this purpose are required. Whenever there is a conflict or difference between the provisions of this Article and those of other Articles of this Ordinance, the provisions of this Article shall prevail for the development of the RMX District. Subjects not covered by this Article shall be governed by the applicable provisions found elsewhere in this Ordinance.

b.

RMX Requirements.

1.

Permitted uses.

(a)

Residential Mixed-Use Developments are contemplated to be primarily residential in nature. However, Residential Mixed-Use Developments of sufficient size and appropriate character may have certain limited commercial development which is incidental to the Residential Mixed-Use Development and is intended primarily for the use of the residents of the Residential Mixed-Use Development. Specifically permitted uses are enumerated in the Table of Permissible Uses in Article X.

(b)

In Residential Mixed-Use Developments, commercial establishments of a convenience and service nature for RMX residents may be permitted. Such commercial establishments shall be an integral part of the plan for the RMX. The total aggregate area of all the commercial establishments and their parking area shall be established in the approval of the general development plan but in no case shall the land in commercial use be more than 25 percent of the gross area of the RMX.

(c)

The Town Council may approve and/or require land and places for public assembly, recreational buildings, public buildings and accessory buildings, or may require the reservation of lands for such uses if it is deemed they are advantageous or necessary for the purpose of serving the Residential Mixed-Use Development and the local community.

2.

Where Permitted. In general, a Residential Mixed-Use Development is contemplated in residential zones where tracts of suitable location size, and character exist. The uses/structures proposed are to be planned and developed according to the requirements and procedures of this Ordinance. Residential Mixed-Use Development shall be appropriately located with respect to the general pattern of urban development existing or proposed, and to existing public and private facilities and services.

3.

Computation of Dwelling Units Permitted. The total density in the Residential Mixed-Use Development (RMX) will not be greater than if conventionally developed. The total permitted dwelling units may be averaged over the entire RMX or clustered in various groupings. At least 50 percent of the dwelling units will be single-family detached.

4.

Area. The proposed RMX shall in no case contain less than five acres of land.

5.

Open Space. The minimum open space in any RMX District shall be as set forth in Section 22-155 and shall be reserved as common open space and recreation facilities for residents of the area being developed. Such land shall not include streets, yards, parking areas, walkways, utility easements or water courses and shall be of a contour and shape as to facilitate public recreational uses. The smallest countable open space shall contain at least 10,000 square feet where several areas are to be counted together as common open space.

Every dwelling unit in a RMX should abut upon common open space. In any case, at least 80 percent of all dwelling units shall be located within 500 feet (by normal routes of pedestrian travel not to cross a street) of common open space. This shall facilitate the clustering of units.

6.

To the extent practicable, the two-family and multi-family portions of a RMX shall be developed more toward the interior rather than the periphery of the tract so that the single-family detached residences border adjacent single-family residential properties.

a.

Purpose of the District. The purpose of the BP Planned Business Park District is to encourage innovative and creative design of commercial, business, and industrial development; facilitate use of the most advantageous construction techniques; and maximize the conservation and efficient use of open space and natural features. The districts are designed to further the purposes and provisions of the Comprehensive Plan and to conserve public fiscal resources; efficiently utilize public facilities; and provide a broad range of economic opportunities to present and future residents of the Town.

Planned Business Park Districts, hereinafter called BP Districts, are defined, for the purpose of these regulations, as planned developments primarily for light industrial, commercial, and business uses. BP Districts are further defined as areas devoted to industrial, commercial and business uses which present an attractive appearance and complement surrounding land use character by means of appropriate siting of buildings and service areas and landscape treatment. It is intended that BP Districts be located in areas having all of the following: water and sewer facilities that meet applicable standards and are acceptable to the Council, access to one or more major highways, and clearly demonstrated suitability for intended uses insofar as physical characteristics and relationship to surrounding development are concerned.

b.

Conditions. Rezoning to BP will be permitted only in accordance with a General Development Plan which is recommended by the Planning Commission and approved by the Council in accordance with the procedures contained within this Ordinance.

c.

Contents of the General Development Plan. Any application for the designation to a BP District shall be accompanied by a General Development Plan consistent with the requirements set forth in Appendix A. In addition, the Planning Commission or Zoning Administrator may require the following information.

1.

Architectural sketches of typical proposed structures.

2.

A plan or report indicating the extent, timing, and estimated costs of all off-site improvements such as roads, sewer, and drainage facilities necessary to the construction of the planned development. Such plan or report shall relate to the sequence of development.

3.

A report or plan showing the adequacy of public facilities and services such as water, sewer, drainage, streets, and roads to serve the proposed development.

d.

Location Within Parent Zoning District. The Planned Business Park (BP) District may be permitted in any zoning district or it may be pre-mapped consistent with the intent of the Comprehensive Plan of the Town of Tappahannock.

e.

General Regulations for Planned Business Park District.

1.

Required Area. Minimum area required for creation of a BP District shall be ten acres, provided, however, that when an initial BP District has been created, incremental additions to such district shall consist of not less than five acres. Where individual lots or building sites are provided for lease or sale, minimum area required shall be one acre.

2.

Permitted Intensities. Maximum total floor area permissible in a Planned Business Park shall not exceed floor area ratio (FAR) 0.25 for the land area of the BP, and no structure or structures shall cover more than 50 percent of the lot.

3.

Shape of Planned Business Park Districts. The shape of the district shall be suitable for the type of development proposed and shall facilitate safe and convenient ingress and egress as well as vehicular and pedestrian circulation within the district.

4.

Permitted Accessory Uses and Structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures, provided that no accessory building shall be constructed until construction of the principal building is completed and in use.

5.

Required Utilities. All structures shall be served by underground utility lines.

6.

Maximum Height Permitted. The maximum height of any structure shall be limited to 40 feet, except that industrial structures may be erected to a maximum height of 60 feet, provided the required set back is increased a distance of not less than one foot for each one foot of height that it exceeds the 40-foot limit.

f.

Regulations for Planned Business Park District.

1.

Permitted uses. The uses shall be permitted in any BP District that are enumerated in the Table of Permissible Uses in Article X.

2.

Open Space. Minimum landscaped open space of any individual lot shall not be less than 20 percent of the lot area. Such landscaped open space shall be used to enhance the appearance of the lot.

3.

Site Planning—External Relationships. Site planning within the district shall provide for protection of individual lots from adverse surrounding influences, and for protection of surrounding areas from adverse influence existing within the district. Yards, fences, walls, or vegetative screening shall be provided where needed to protect residential districts or public streets from undesirable views, lighting, noise, or other off-site influences. In particular, outdoor storage, extensive off-street parking areas, and service areas for loading and unloading vehicles, and for storage and collection of refuse and garbage shall be effectively screened. Buffer yards shall be provided as described in Article XVIII.