a.

A Town Planning Commission has been created for the Town of Tappahannock, in accordance with the provisions of Code of Virginia, §§ 15.2-2210 to 15.2-2221.

b.

The Planning Commission shall consist of eight members; one of whom shall be a member of the Town Council, one of whom shall be the Town Manager and one of whom shall be the Mayor, who shall serve in a non-voting capacity. The remaining five members shall be referred to as appointed members.

c.

The term of the Mayor, Councilmember and the Town Manager shall in all cases correspond to their tenure in office. The other original members are appointed for terms of one, two, three and four years, these terms being divided as nearly as equal as possible among the membership. Their successors shall be appointed for terms of four years by the Town Council. Any vacancy in membership shall be filled by appointment by the Town Council and shall be for an unexpired term only.

d.

Any member of the Town Planning Commission may be removed by the Council for malfeasance in office; provided, that such removal may be made only after a public hearing at which time such member is given an opportunity to appear and be heard on the charges against him.

(Town Council Amended on 6-10-2024)

a.

The Planning Commission shall establish a regular meeting schedule and shall meet frequently enough so that it can take action on all complete applications in an expeditious manner.

b.

The Planning Commission need not conduct its meetings strictly in accordance with the quasi-judicial procedures set forth in Article V and VI. However, it shall conduct its meetings so as to obtain necessary information and to promote the full and free exchange of ideas.

c.

Minutes shall be kept of all Planning Commission proceedings.

d.

All Planning Commission meetings shall be open to the public, and whenever feasible the tentative agenda for each Commission meeting shall be made available in advance of the meeting.

e.

Whenever the Planning Commission is called upon to make recommendations on any proposal requiring a public hearing, such hearing shall be held in accordance with Code of Virginia, § 15.2-2204 1950, as amended.

a.

A quorum for the Planning Commission shall consist of a majority of the Commission membership (excluding vacant seats). A quorum is necessary for the Commission to take official action.

b.

All actions of the Planning Commission shall be taken by majority vote, a quorum being present.

c.

A roll call vote shall be taken upon the request of any member.

d.

All Advisory members shall have all the privileges of membership except the right to vote.

a.

The Planning Commission shall annually elect one chairman and one vice chairman from among its members.

b.

The chairman and vice chairman may take part in all deliberations and vote on all issues.

a.

The Planning Commission may:

1.

Make studies and recommend to the Town Council plans, goals, and objectives relating to the growth, development and redevelopment of the Town.

2.

Develop and recommend to the Town Council policies, ordinances, administrative procedures, and other means for carrying out plans in a coordinated and efficient manner.

3.

Make recommendations to the Town Council concerning proposed zoning amendment requests.

4.

Review and make recommendations to the Administrator concerning applications for land development, subdivision plats and site development plans.

5.

Review and authorize approval of site plans by the Zoning Administrator.

6.

Perform all duties required and in accordance with the 1950 Code of Virginia, as amended.

b.

The Planning Commission may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this Ordinance.

a.

From time to time, the Town Council may appoint one or more individuals to help the Planning Commission carry out its planning responsibilities with respect to a particular subject area. By way of illustration, without limitation, the Town Council may appoint advisory committees to give advice to the Planning Commission.

b.

Members of such advisory committees shall sit as nonvoting members of the Planning Commission when such issues are being considered and lend their talents, energies, and expertise to the Planning Commission. However, all formal recommendations to the Town Council shall be made by the Planning Commission.

c.

Nothing in this section shall prevent the Town Council from establishing independent advisory groups, committees, or commissions to make recommendations on any issue directly to the Town Council.

a.

A Board of Zoning Appeals is hereby created, which shall consist of five members who shall be appointed by the Circuit Court of Essex County. Their terms of office shall be for five years each, except that original appointments shall be made as follows: one member who shall serve for one year, one member who shall serve for two years, one member who shall serve for three years, one member who shall serve for four years, and one member who shall serve for five years. The secretary of the Board of Zoning Appeals shall notify the Circuit Court at least 30 days in advance of the expiration of any term of office, and shall also notify the Circuit Court promptly if any vacancy occurs. Appointments to fill vacancies shall be only for the unexpired portion of the term. Members may be reappointed to succeed themselves. Members of the Board of Zoning Appeals hold no other public office in the Town of Tappahannock, except that one shall be an active member of the Planning Commission. A member whose term expires shall continue to serve until his successor is appointed and qualifies. Members shall serve without compensation other than for reasonable and necessary expenses.

b.

Any member of the Board of Zoning Appeals may be removed for malfeasance, misfeasance or nonfeasance in office, or other just cause, by the Circuit Court of Essex County, after hearing held after at least 15 days' notice; notice to be served upon the member by hand delivering or sending by certified mail, return receipt requested, a copy of all charges against him.

c.

The Board of Zoning Appeals shall elect from its own membership a Chairman and Vice Chairman or his designee, who shall serve annual terms and may succeed themselves. The Town Manager shall serve as Secretary to the Board of Zoning Appeals. For the conduct of any hearing and the taking of any action, a quorum shall be not less than a majority of all the members of the Board of Zoning Appeals. The Board may make, alter and rescind rules and forms for its procedures, consistent with the Town Code and general laws of the Commonwealth of Virginia. The Board of Zoning Appeals shall keep a public record of its proceedings and shall submit a report of its activities to the Town Council at least once a year.

d.

Within the limits of the funds appropriated for its use by the Town Council, the Board of Zoning Appeals may employ or contract for secretaries, clerks, legal counsel, consultants, and other technical and clerical services.

a.

The Board of Zoning Appeals shall establish a regular meeting schedule and shall meet frequently enough so that it can take action on all complete applications in an expeditious manner.

b.

The Board shall conduct its meetings in accordance with the quasi-judicial procedures set forth in Articles IV, V, and VI.

c.

All meetings of the Board shall be open to the public, and whenever feasible the tentative agenda for each Board meeting shall be made available in advance of the meeting.

d.

The Board shall keep a record of all proceedings and minutes showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, which shall be immediately filed in the office of the Board and shall be a public record.

a.

A quorum for the Board of Zoning Appeals shall consist of a majority of the regular Board membership (excluding vacant seats). A quorum is necessary for the Board to take official action.

b.

A member who has withdrawn from the meeting without being excused as provided in Section 22-26.c shall be counted as present for purposes of determining whether a quorum is present.

a.

The concurring vote of the majority of the Board membership (excluding vacant seats) shall be necessary to reverse any order, requirement, decision, or determination of the Administrator or to decide in favor of the applicant any matter upon which it is required to pass under any ordinance or to grant any variance.

b.

Once a member is physically present at a Board meeting, any subsequent failure to vote shall be recorded as an affirmative vote unless the member has been excused in accordance with Subsection c. or has been allowed to withdraw from the meeting in accordance with Subsection d.

c.

A member may be excused from voting on a particular issue by majority vote of the remaining members present under the following circumstances:

1.

If the member has a direct financial interest in the outcome of the matter at issue, or

2.

If the matter at issue involves the member's own official conduct, or

3.

If participation in the matter might violate the letter or spirit of a member's code of professional responsibility, or

4.

If a member has such close personal ties to the applicant that the member cannot reasonably be expected to exercise sound judgment in the public interest.

d.

A member may be allowed to withdraw from the entire remainder of a meeting by majority vote of the remaining members present for any good and sufficient reason other than the member's desire to avoid voting on matters to be considered at that meeting.

e.

A motion to allow a member to be excused from voting or excused from the remainder of the meeting is in order only if made by or at the initiative of the member directly affected.

f.

A roll call vote shall be taken upon the request of any member.

a.

The Board of Zoning Appeals shall hear and decide:

1.

Appeals from any order, decision, requirement, or interpretation made by the Administrator, as provided in Section 22-60.

2.

Applications for Special Exception Uses, as provided in Section 22-52.

3.

Applications for Variances, as provided in Section 22-61.

4.

Questions involving interpretations of the zoning map, including disputed district boundary lines and lot lines, as provided in Section 22-62.

5.

Any other matter the Board is required to act upon by any other Town ordinance or the General Laws of the Commonwealth of Virginia.

b.

The Board may adopt rules and regulations governing its procedures and operations not inconsistent with the provisions of this chapter or the General Laws of the Commonwealth of Virginia.

Except as otherwise specifically provided, primary responsibility for administering and enforcing this Ordinance shall be the Zoning Administrator or his designee. The term or "staff" is sometimes used interchangeably with the term "Administrator."

The Zoning Administrator, or his designee, shall have the power to:

a.

To administer this ordinance on a day-to-day basis.

b.

Hear and decide applications for land development and approve subdivision plats. In this respect the Zoning Administrator is the approving authority for major and minor subdivisions, unless otherwise provided.

c.

To sign as approved site development plans.

d.

To prepare staff comments on such matters as required by this ordinance or when so directed by the Town Council, Planning Commission, or Board of Zoning Appeals.

The Town Council is the local elected legislative body. The Town Council's primary responsibility relative to this ordinance shall be to make final decisions on zoning amendment petitions and to make such appointments as identified in this ordinance. In considering proposed changes in the text of this ordinance or in the zoning map, the Council acts in its legislative capacity and must proceed in accordance with the requirements of Article XIX and the General laws of the Commonwealth of Virginia.