GENERAL INFORMATION

The following provides a general overview of the application requirements and review procedures contained in the Tappahannock Zoning Ordinance and Subdivision Regulations.

Types of Development Approvals

The Tappahannock Zoning Ordinance and Subdivision Regulations establish several forms of development review and approval processes. These are:

1.

Building and Zoning Permits (see Article IV)

2.

Minor and Major Site Plans (see Article IV)

3.

Appeals (see Article V)

4.

Special Exceptions (see Article IV, Part II)

5.

Variance (see Article V)

6.

Interpretation (see Article V)

7.

Chesapeake Bay Preservation (CBPA) Overlay District (see Article IX, Part IV)

7.

Planned Development

8.

Zoning Text Amendments (see Article XVIII)

9.

Zoning Map Amendments (see Article XVIII)

10.

Floating Zone Map Amendment (see Article IX, Part I and Article XVIII)

11.

Subdivision Approval (see Subdivision Regulations)

Applications Must Be Complete

All applications for zoning, special exception, sign permits, subdivision or other permits must be complete before the permit-issuing authority is required to consider the application. An application is complete when it contains all of the information that is necessary for the permit-issuing authority to decide whether or not the development, if completed as proposed, will comply with all of the requirements of this Ordinance. The presumption established by this Ordinance is that all of the information set forth in the applicable checklist (see following) is necessary to satisfy the requirements of this section. However, it is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case.

Approving Authority

The final authority for approval of each type of development rests with the Approving Authority. Other boards, commissions and agencies may have a role in the review and may make recommendations to the approving authority, but the final decision is made by the Approving Authority. The approving authority for each type of development approval is as follows:

Time Limits for Review

From the time an application is accepted, i.e., declared complete by the approving authority and accepted for review, there is a time limit set for most review steps. In general they are as follows:

Permit Expiration

Each type of development approval expires at some point after it is issued if the proposed development is not completed. These expiration periods are as follows:

DEVELOPMENT APPROVAL/PERMIT REQUIREMENTS

Zoning and Building Permits

No building or other structure shall be erected, nor shall any existing building or structure be moved, added to, enlarged, or structurally altered, and no excavation for any building or other structure shall begin without the issuance of a Building Permit therefor by the Zoning Administrator.

No building, or other structure, or land shall be used, nor shall any building, structure, or land be converted, wholly or in part, to any other use, except for a single-family dwelling, agricultural purposes, accessory uses, or home occupations permitted under the provisions of this Ordinance, until a Zoning Permit, certifying compliance with these regulations, has been issued by the Zoning Administrator.

Site Plans

Minor Site Plan

A minor site plan shall be filed with a building permit for a single-family dwelling, a duplex, a residence with an accessory apartment, any accessory building, an addition or change of a commercial or industrial structure, or for a special exception use which does not require a building permit.

Major Site Plan

All applications for building permits, other than those accompanied by a minor site plan, or those that are considered minor or major subdivisions, shall be accompanied by a major site plan.

General Development Plan (GDP)

A General Development Plan (GDP) is a site plan by which, at the early stages of development design, the Planning Commission may consider, approve, or restrict major aspects of the development without requiring an undue amount of final design work on the part of the developer. The General Development Plan is less detailed and specific than a major site plan in terms of exact arrangement of buildings, parking areas, open spaces, access points, and any other site design features. No building permits can be issued based upon a General Development Plan.

General Development Plans are required:

1.

With all applications for zoning map amendments.

2.

To permit more than one principal structure and its accessory structures on a lot or parcel of land.

3.

To approve floating zone applications for RMX or BP planned developments or major subdivisions of at least 50 acres containing a minimum of 100 dwelling units or 40,000 square feet of nonresidential building area shall divide preliminary approval into two phases: Phase One—General Development Plan; Phase Two—Preliminary Site Plan or Plat Approval.

Subdivision Plat

If the development approval involves the subdivision of land, an approved subdivision plat is required as provided in Subdivision Regulations. In general, subdivision is defined as the division of a tract of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future). The Subdivision Regulations provide for an abbreviated process for minor subdivision Minor subdivision is defined as a subdivision that does not involve any of the following:

1.

The creation of more than a total of three lots;

2.

The creation of any new public streets,

3.

The extension of a public water or sewer systems, or

4.

The installation of drainage improvements through one or more lots to serve one or more other lots.

Major Subdivision is any subdivision other than a minor subdivision.

APPROVAL PROCEDURE

Building and Zoning Permit Procedure

1.

Applicant submits plans and information listed on Building Permit and Minor Site Plan Checklist along with the owner's signature of authorization.

2.

Zoning Administrator review.

3.

Application either "Approved" or "Disapproved" by Zoning Administrator not later than 90 days after receipt of the site plan.

Minor and Major Site Plan Review Procedure

1.

Applicant submits such plans and information listed in the attached Building Permit and Minor Site Plan or Site Plan Checklist along with the owner's signature of authorization.

2.

Zoning Administrator review.

3.

Application either "Approved" or "Disapproved" by Zoning Administrator not later than 90 days after receipt of the site plan.

Special Exception Application Procedure

1.

Application for special exception accompanied by such plans and/or data as necessary, including a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards set forth in the Zoning Ordinance filed with the Zoning Administrator.

2.

Application forwarded from the Zoning Administrator to the Board of Zoning Appeals for review and decision within seven days.

3.

Board of Zoning Appeals renders decision on application within 60 days of receipt of application from the Zoning Administrator.

4.

Preliminary or final site plan for building permit submitted to Zoning Administrator.

Appeals, Variance, and Interpretations Application Procedure

1.

Appeals, variance or interpretation application filed with the Zoning Administrator accompanied by such plans and/or data as necessary and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards set forth in the Zoning Ordinance.

2.

Application forwarded from the Zoning Administrator to the Board of Zoning Appeals for review and decision within 45 days of receipt of the application by the Zoning Administrator.

3.

Board of Zoning Appeals shall, within 60 days of receipt of application from the Zoning Administrator, render a decision on the application.

Zoning Amendment Procedures

Zoning Text Amendments and Zoning Map Amendments

1.

Applicant files a Zoning Amendment Petition with the Zoning Administrator.

2.

Upon determination by the Zoning Administrator that the application is complete it is submitted for comment and review to appropriate Town, county, and state departments and agencies.

3.

Upon such administrative review (to be completed within 60 days from submission by the Zoning Administrator) the application is submitted to the Planning Commission.

4.

Within 30 days after receipt the Planning Commission conducts a public hearing regarding the proposed amendment.

5.

Within 60 days from the Planning Commission's final hearing on the application, the Planning Commission transmits the application to the Town Council together with its recommendations for approval or disapproval.

6.

Town Council holds a public hearing on the application within 30 days after receipt of the Planning Commission's recommendation.

7.

Town Council decision.

Floating Zone Map Amendment

1.

Preliminary application made to the Town Council.

2.

Referred to the Planning Commission for stage one (General Development Plan) consideration of the zone amendment.

3.

Planning Commission makes its findings and recommendation to Town Council.

4.

Application forwarded to the Town Council for consideration.

5.

If the Council finds that the proposal has merit, it will be conditionally approved.

6.

Developer submits preliminary site plan or subdivision plat after conditional approval from the Town Council.

7.

The Zoning Administrator reviews the site plan or plat for compliance with the requirements of this Ordinance and the Subdivision Regulations.

8.

Planning Commission public hearing on the proposed floating zone.

9.

Planning Commission recommendations to the Zoning Administrator on zoning and the site plan or subdivision plat.

10.

Zoning Administrator returns the site plan or subdivision plat, together with his comments and recommendations to the Town Council.

11.

The Town Council reviews the final preliminary site plan or subdivision plat and other documents.

12.

The Town Council holds public hearing on floating zone.

13.

The Town Council approves or disapproves the proposed floating zone.

14.

Final site plan or subdivision plat prepared in accordance with the GDP, filed, and recorded.

Subdivision Approval Procedure

Minor Subdivision

1.

Applicant for minor subdivision plat approval submits a sketch plan to the Administrator for a determination of whether the application should be processed as a minor subdivision.

2.

Applicant submits to the Zoning Administrator a minor subdivision plat conforming to the requirements Appendix A.

3.

The Administrator approves or disapproves plat.

4.

Plat recorded within 180 days after the date the Certificate of Approval is signed by the Administrator.

Major Subdivision—Preliminary Plat

1.

Applicant submits rough sketch of the proposal and meet with the Administrator to discuss the proposed subdivision.

2.

Applicant files a completed application form, filing fee, and copies of the plan as follows:

a.

16 paper prints (folded to nine by 12) of Preliminary Subdivision Plat

b.

Completed and signed Preliminary Subdivision Plat Application

c.

Completed and signed Preliminary Subdivision Plat Checklist.

3.

Preliminary acceptance and review by the Administrator

4.

The Administrator and concerned agencies review the preliminary plats.

5.

Preliminary subdivision plats revised as per review agencies' comments.

6.

Agency review of revised plat.

7.

Planning Commission review and recommendations.

8.

Preliminary plats approved, conditionally approved, or disapproved.

9.

Developer makes any required additions or corrections to the preliminary plat and submit copies to the Zoning Administrator for certification within one year of the date of Administrator approval.

Major Subdivision—Improvement Plan

1.

Developer files the required copies of the improvement plan.

2.

Administrator and/or other agencies review the proposed improvement plan.

3.

Upon approval of the improvement plan, the Town issues a subdivision improvement permit to the developer.

Major Subdivision—Final Plat

1.

Final Subdivision Plat submitted.

2.

Review and recommendations by the Planning Commission.

3.

Administrator reviews the Planning Commission's recommendations and then act for approval, conditional approval with conditions noted, postponement, or disapproval.

4.

Approved final plat is recorded within 80 days after the approval.