- DEVELOPMENT APPROVAL
a.
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 that disturbs over 2,500 square feet shall begin without the issuance of a Zoning Permit therefor by the Zoning Administrator.
b.
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 until a Zoning Permit, certifying compliance with these regulations, has been issued by the Zoning Administrator.
c.
Before the zoning permit is issued the following permits may be required by the Zoning Administrator:
1.
Permits Authorized by the Board of Zoning Appeals. The Zoning Administrator shall issue permits in conformance with the written authorization of the Board of Zoning Appeals concerning administrative review appeals, special exception permit appeals, dimensional variance appeals, or other appeals as authorized in this Zoning Ordinance.
2.
Grading Permits. As provided in Tappahannock Sediment and Erosion Control Ordinance.
3.
Sign Permits. No sign shall be created, erected, moved, added to, or structurally altered, nor shall any of said activities be commenced without a sign permit.
4.
Other Permits. Additional permits, including approvals by other agencies, may be required to enforce the provisions of this Ordinance.
d.
Permits are issued under this ordinance only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, all development shall occur strictly in accordance with such approved plans and applications.
e.
In the discharge of his duties, the Zoning Administrator shall have the authority to enter at any reasonable hour any building, structure, or premises in the Town to enforce the provisions of this Ordinance. He may adopt a badge of office for himself and assistants that shall be displayed for the purpose of identification. The assistance and cooperation of sheriffs and/or police, fire, and health departments and all other Town officials shall be available to him as required in the performance of his duties.
a.
Compliance with Other Codes, Statutes, and Regulations. Nothing in this section or other sections of the Zoning Ordinance shall be construed to exempt any applicant for a permit from compliance with all local, state, and federal codes, statutes, and regulations.
b.
Conflict with Other Permits. Except as provided herein, no permit pertaining to the use of land or buildings shall be issued by any agency, department or employee unless a Zoning Permit has been issued by the Zoning Administrator. Any permit issued in conflict with the provisions of this Ordinance shall be null and void.
If work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be revoked by the Administrator; and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one-half years of the date of the issuance thereof, said permit shall expire and be revoked by the Administrator, and written notice shall be given to the persons affected, together with notice that further work as described in the cancellation permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
a.
All applications for permits shall be accompanied by such plans and information as the Zoning Administrator deems to be necessary to determine compliance and provide for enforcement of this Zoning Ordinance. The application materials listed in Appendix A and the owner's signature of authorization shall be the minimum. Additional information may be required.
b.
After reviewing the application materials, the Zoning Administrator shall mark the application either as "Approved" or "Disapproved" and attest to the same by signature on such copy. The Zoning Administrator shall notify the applicant in writing not later than 90 days after receipt of the site plan.
c.
Site Plans Required.
1.
Minor Site Plan. A minor site plan shall be filed 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 zoning permit.
Upon determination by the Zoning Administrator, in those above cases where a field inspection indicates that the scope of the proposed building, addition, accessory use, or special exception is of such a nature that the provisions for the handling of natural and stormwater, sediment control, off-street parking, set-backs, water and sewerage, and other requirements cannot be adequately addressed with a minor site plan, a major site plan shall be required.
2.
Major Site Plan. All applications for zoning permits, other than those accompanied by a minor site plan, or those that are considered minor or major subdivisions (see definitions), shall be accompanied by a major site plan.
Prior to filing any site plan, the developer shall furnish to the Town an irrevocable letter of credit, cash escrow, or bonds from a certified Virginia Lending Institution by corporate surety in a form and amount sufficient to guarantee the completion of all required improvements. These improvements include, but are not limited to, Erosion and Sediment Control Ordinance requirements, landscaping requirements, conditional zoning or Board of Zoning Appeals requirements, and other improvements deemed necessary by the Zoning Administrator. The cost of required improvements shall be determined by a bona fide estimate of construction cost prepared by a duly licensed engineer, such estimate shall be provided at the expense of the developer. The amount of the performance bond or other guarantee shall be 110 percent of the estimated construction cost. If such Bond or other instrument contains an expiration date, provisions shall be made for the extension thereof in the event that all improvements have not been completed 30 days prior to the expiration date. In the event the agent has rejected any such agreement or Bond, the owners or developer shall have the right to have such determination made by the Board of Zoning Appeals.
3.
General Development Plan.
(a)
A general development plan 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 zoning permits can be issued based upon a general development plan.
(b)
General development plans shall be required as follows:
(1)
All applications for zoning map amendments shall be accompanied by a general development plan.
(2)
General development plans shall be required to permit more than one principal structure and its accessory structures on a lot or parcel of land.
4.
Grading Permits. As provided in Tappahannock Sediment and Erosion Control Ordinance.
5.
Subdivision Plat. If the permit involves the subdivision of land, an approved subdivision plat shall be required as provided in the Tappahannock Land Subdivision Rules and Regulations.
6.
Sign Permits. Requirements for sign permits shall be as provided in Article XVI.
7.
Transportation Plan.
(a)
General Development Plans shall demonstrate that proposed streets comply with the Town's Transportation Plan as shown in the Tappahannock Comprehensive Plan.
(b)
The owner of the property so affected, however, shall have the right to appeal the refusal of a zoning permit to the Board of Zoning Appeals, and the Board may grant a permit to build if it should find, upon the evidence and arguments presented to it upon such appeal:
(1)
That the entire property of the appellant of which the area affected by the Transportation Plan forms a part, cannot yield a reasonable return to the owner unless such appeal be granted; and
(2)
That balancing the interest of the general public in preserving the integrity of the plan and the interest of the owner of the property in the use and benefits of his property, the granting of such permit is required consideration of reasonable justice and equity.
c.
Before taking any action, the Board of Zoning Appeals shall hold a public hearing at which time the parties in interest shall have an opportunity to be heard. In the event the Board grants a zoning permit in any such appeal, it shall have the power to specify the exact location, extent, area, height, duration, and other details and conditions to govern the building, structure, or part thereof for which the permit is granted.
d.
The following additional requirements shall be applicable to site plans required under this section:
1.
Compliance with applicable established design criteria, construction standards, and specifications for all improvements as may be required by the Town Council and this Zoning Ordinance.
2.
The zoning permit shall not be issued unless and until the Virginia Department of Transportation has approved the site plan as it relates to access point design details on a state highway.
3.
Other Approvals. If this Zoning Ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit.
4.
Development Plan as Site Plan. In any case, where the Zoning Administrator has approved a detailed final development plan showing essentially the same information as required above for the property seeking a zoning permit, no separate site plan shall be required to be prepared. The applicant shall be required to supply such supplementary information as necessary to comply with all requirements of this Section.
5.
Any or all of the information required for a minor or major site plan may be waived if the Zoning Administrator finds that it is not needed to make a determination of zoning compliance.
6.
The basic information required with zoning permit applications is shown in Appendix A.
Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of compliance has been issued by the Administrator. Such permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of compliance either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.
a.
Unless specifically provided in this chapter, the construction standards for all off-site improvements and on-site improvements required by this article shall conform to the Town design and construction standards contained in Appendices B, C, and D, and standard specifications for water and sewer construction. Appropriate Town authorities shall approve the plans and specifications for all required improvements and shall inspect the construction of such improvements to assure conformity thereto.
b.
Inspection during the installation of the off-site improvements shall be made by the department responsible for such improvements as required to certify compliance with the approved site plan and applicable standards.
c.
The owner shall notify the appropriate Town agencies in writing three days prior to the beginning of all street, water sewer, or storm sewer work shown to be constructed.
d.
The owner shall provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent or foreman together with one set of approved plans, profiles, and specifications available at all times when work is being performed.
e.
Upon satisfactory completion of the required improvements and after having received verification by the appropriate Town approving authorities, the Zoning Administrator shall authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements of parts thereof. This release shall provide for 25 percent of the total bond to be retained for a period of 12 months after completion of all work. Bond retention period may be extended for an additional 12 months if major failures or deficiencies occur as determined by the Zoning Administrator. Said retainer shall be for the protection of the Town to cover failures, discrepancies, etc., in the previously approved improvements.
f.
The installation of improvements as required in this article shall in no case serve to bind the Town to accept such improvement for the maintenance, repair, or operation thereof.
a.
Applications for zoning, special exception, sign permits, other permits, or minor subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the minor subdivision plat approval. Any amendment may be initiated (i) by resolution of the Tappahannock Town Council, or (ii) by motion of the Planning Commission or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefore, of the property which is subject of the proposed zoning map amendment.
b.
The Zoning Administrator may require an applicant to submit evidence of his authority to submit the application in accordance with Subsection a. whenever there appears to be a reasonable basis for questioning this authority.
a.
All applications for zoning, special exception, sign permits, or other permits must be complete before the permit-issuing authority is required to consider the application.
b.
Subject to Section 22-31, 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.
c.
In this Ordinance, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one or more of the appendices to this ordinance. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of this Ordinance.
However, whenever this Ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Zoning Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article VII.
d.
The presumption established by this Ordinance is that all of the information set forth in Appendix A 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. For applications submitted to the Board of Zoning Appeals, the applicant may rely in the first instance on the recommendations of the Zoning Administrator as to whether more or less information than that set forth in the Appendix A should be submitted.
e.
The Zoning Administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Zoning Administrator to determine compliance with this Ordinance, such as applications for zoning permits to construct single-family or two-family houses, or applications for sign permits, the Zoning Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
a.
To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this ordinance, a preapplication meeting between the developer and the Zoning Administrator is encouraged or required as provided in this section.
a.
Upon receipt of a formal application for a zoning, or special exception permit, the Zoning Administrator shall review the application and confer with the applicant to ensure that he understands the Town staff's interpretation of the applicable requirements of this ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.
b.
If the application is for a special exception permit, the Zoning Administrator shall place the application on the agenda of the Board of Zoning Appeals when the applicant indicates that the application is as complete as he intends to make it. However, if the Zoning Administrator believes that the application is incomplete, he shall recommend to the Board that the application be denied on that basis.
In cases when, because of weather conditions or other factors beyond the control of the zoning-permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning-permit recipient to comply with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Zoning Administrator may authorize the commencement of the intended use or the occupancy of buildings if the permit recipient provides a performance bond or other security satisfactory to the Town to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period (not to exceed 12 months) determined by the Zoning Administrator. The recipient is responsible for complying with all other codes prior to commencing the use or occupying the structure.
a.
If a development is constructed in phases or stages in accordance with this section, then, subject to Subsection c., the provisions of Sections 22-10 and 22-37 shall apply to each phase as if it were the entire development.
b.
As a prerequisite to taking advantage of the provisions of Subsection a., the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Ordinance that will be satisfied with respect to each phase or stage.
c.
If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:
1.
If the improvement is one required by this ordinance then the developer may use the provisions of Subsections 22-41 a. or b.
2.
If the improvement is an amenity not required by this ordinance or is provided in response to a condition imposed by the Board of Zoning Appeals, then the developer may use the provisions of Subsection 22-41 b.
a.
Zoning, special exception, sign, and other permits shall expire automatically if, within one year after the issuance of such permits:
1.
The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or
2.
Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section 22-42), this requirement shall apply only to the first phase.
b.
If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section 22-44.
c.
The permit-issuing authority may extend for a period up to six months the date when a permit would otherwise expire pursuant to Subsections a. or b. if it concludes that (i) the permit has not yet expired, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.
d.
For purposes of this section, the permit within the jurisdiction of the Board of Zoning Appeals is issued when such Board votes to approve the application with or without conditions (written minutes of such Board action will state conditions in full) and the Zoning Administrator issues the permit. A permit within the jurisdiction of the Zoning Administrator is issued when the earlier of the following takes place:
1.
A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand-delivered or mailed to the permit applicant; or
2.
The Zoning Administrator notifies the permit applicant that the applicant has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required.
e.
Notwithstanding any of the provisions of Article VIII, this section shall be applicable to permits issued prior to the date this section becomes effective.
a.
Zoning, special exception, sign, and other permits authorize the permittee to make use of land and structures in a particular way. Such permits are not transferable.
a.
Insignificant deviations from the permit (including approved plans) issued by the Board of Zoning Appeals or the Zoning Administrator are permissible and the Zoning Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
b.
Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
c.
All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Zoning Appeals, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.
d.
The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections a., b., and c.
e.
A developer requesting approval of changes shall submit a written request for such approval to the Zoning Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
a.
Whenever the Board of Zoning Appeals disapproves an application for a special exception permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the Board at a later time unless the applicant clearly demonstrates that:
1.
Circumstances affecting the property that is the subject of the application have substantially changed, or
2.
New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Zoning Administrator within the time period for an appeal to the Court (see Section 22-77). However, such a request does not extend the period within which an appeal must be taken.
b.
Notwithstanding Subsection a., the Board of Zoning Appeals may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.
The recipient of any zoning, special exception, sign, or other permit, or his successor, including a homeowners association, shall be responsible for maintaining all common areas, improvements, or facilities required by this ordinance or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the Town. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and require vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.
The Zoning Administrator shall keep records of all zoning permits issued under this Ordinance; maintain permanent and current records related to the Ordinance, including zoning maps, amendments, special exceptions, variances, appeals, and planned development site plans; and make annual reports and recommendations to the Planning Commission and Town Council on matters pertaining to this Ordinance.
Zoning permits or Certificates of Occupancy issued on the basis of plans and applications approved by the Zoning Administrator or Building Official authorize only the use, arrangement, and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Ordinance.
a.
The development and execution of this Ordinance are based upon the division of the Town into zoning districts within which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.
b.
The intent of this Article is to establish procedures and minimum standards to be used as guidelines for the consideration and authorization of those uses classified as special exceptions under the respective District regulations.
c.
The granting of a special exception does not exempt the applicant from complying with all other requirements of this Ordinance or of the law.
Any property owner or other person with an enforceable legal interest in a property may file an application to use such land for one or more of the special exceptions provided in the zoning district in which the land is located.
a.
Such application for special exception shall be filed with the Zoning Administrator on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and/or data as required in Section 22-34 and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards hereinafter set forth.
b.
The special exception the Zoning Administrator shall forward the application to the Board of Zoning Appeals for review and decision.
a.
The Board of Zoning Appeals shall hold a public hearing in accordance with Article VI of this Ordinance on each application for a special exception at such time and place as shall be established by the Board of Zoning Appeals. The hearing shall be conducted, and a record of such proceedings shall be preserved in such a manner as the Board of Zoning Appeals shall, by rule, prescribe from time to time.
b.
Notice is required as provided by the 1950 Code of Virginia, as amended.
For each application for a special exception, the Board of Zoning Appeals shall normally, within 60 days of receipt of the application, conduct its public hearing and report its findings and decisions, including the stipulations or additional conditions and guarantees deemed necessary for the protection of the public interest.
No special exception shall be approved by the Board of Zoning Appeals unless such Board shall find:
a.
That the establishment, maintenance, and operation of the special exception will not be detrimental to or endanger the public health, safety, convenience, morals, order, or general welfare.
b.
That the special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
c.
That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood.
d.
That adequate utilities, water, sewer or septic system, access roads, storm drainage and/or other necessary improvements have been or are being provided.
e.
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
f.
That the proposed special exception is not contrary to the objectives of the current Comprehensive Plan for the Town of Tappahannock.
g.
That the special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located or to the special requirements established for the specific use.
h.
In accordance with Code of Virginia (1950), § 15.2-2309, as amended.
i.
Conditions and Guarantees. Prior to the granting of any special exception, the Board of Zoning Appeals shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special exception as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of this Ordinance. In all cases in which special exceptions are granted, the Board of Zoning Appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
No application for a special exception which has been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted for a period of two years from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Zoning Appeals.
Notice of complaints received by any representative of the Town concerning the operation of any special exceptions shall be transmitted promptly to the Board of Zoning Appeals which shall take appropriate action as provided by law. The complainant shall be notified of the action taken.
a.
Failure to Comply with Conditions. Whenever the Board of Zoning Appeals shall find, in case of any permit heretofore or hereafter granted pursuant to the provisions of this Article that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, the Board of Zoning Appeals is authorized, after due notice to all parties concerned and granting full opportunity for a public hearing (in accordance with 1950 Code of Virginia, as amended) to suspend or revoke such permit or take other action as it deems necessary to ensure compliance. The Board of Zoning Appeals is authorized to request and obtain investigations and reports as to compliance from such Town or state agencies or administrative officers as may be appropriate.
b.
Abandonment, etc. Whenever the Board of Zoning Appeals shall determine that a special exception appears to have been abandoned, that an approved special exception is not initiated within one year after the date of approval, or that all of the terms and conditions of its grant are not being complied with, the Zoning Administrator shall notify the Board Zoning Appeals and the Town attorney's office. Upon receipt of notice of such determination by the Board, the Board shall issue an order to show cause why such special exception should not be revoked. Notice thereof shall be given to the party to whom the special exception has been granted and to all parties who would be entitled to receive notice of a new application for special exception concerning the property. The applicant shall have 30 days from the date of written notice of expiration to file an appeal of said notice.
Cross reference— See Article VII for enforcement provisions.
Certain buildings, structures, and uses of land developed as special exceptions are of such substantially different character from other special exceptions that they require specific and additional standards to guide the decision of the Board of Zoning Appeals. Minimum standards required in Article XI of this Ordinance shall be complied with for a Special Exception.
- DEVELOPMENT APPROVAL
a.
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 that disturbs over 2,500 square feet shall begin without the issuance of a Zoning Permit therefor by the Zoning Administrator.
b.
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 until a Zoning Permit, certifying compliance with these regulations, has been issued by the Zoning Administrator.
c.
Before the zoning permit is issued the following permits may be required by the Zoning Administrator:
1.
Permits Authorized by the Board of Zoning Appeals. The Zoning Administrator shall issue permits in conformance with the written authorization of the Board of Zoning Appeals concerning administrative review appeals, special exception permit appeals, dimensional variance appeals, or other appeals as authorized in this Zoning Ordinance.
2.
Grading Permits. As provided in Tappahannock Sediment and Erosion Control Ordinance.
3.
Sign Permits. No sign shall be created, erected, moved, added to, or structurally altered, nor shall any of said activities be commenced without a sign permit.
4.
Other Permits. Additional permits, including approvals by other agencies, may be required to enforce the provisions of this Ordinance.
d.
Permits are issued under this ordinance only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, all development shall occur strictly in accordance with such approved plans and applications.
e.
In the discharge of his duties, the Zoning Administrator shall have the authority to enter at any reasonable hour any building, structure, or premises in the Town to enforce the provisions of this Ordinance. He may adopt a badge of office for himself and assistants that shall be displayed for the purpose of identification. The assistance and cooperation of sheriffs and/or police, fire, and health departments and all other Town officials shall be available to him as required in the performance of his duties.
a.
Compliance with Other Codes, Statutes, and Regulations. Nothing in this section or other sections of the Zoning Ordinance shall be construed to exempt any applicant for a permit from compliance with all local, state, and federal codes, statutes, and regulations.
b.
Conflict with Other Permits. Except as provided herein, no permit pertaining to the use of land or buildings shall be issued by any agency, department or employee unless a Zoning Permit has been issued by the Zoning Administrator. Any permit issued in conflict with the provisions of this Ordinance shall be null and void.
If work described in any zoning permit has not begun within one year from the date of issuance thereof, said permit shall expire; it shall be revoked by the Administrator; and written notice thereof shall be given to the persons affected. If the work described in any zoning permit has not been substantially completed within two and one-half years of the date of the issuance thereof, said permit shall expire and be revoked by the Administrator, and written notice shall be given to the persons affected, together with notice that further work as described in the cancellation permit shall not proceed unless and until a new zoning permit has been obtained or extension granted.
a.
All applications for permits shall be accompanied by such plans and information as the Zoning Administrator deems to be necessary to determine compliance and provide for enforcement of this Zoning Ordinance. The application materials listed in Appendix A and the owner's signature of authorization shall be the minimum. Additional information may be required.
b.
After reviewing the application materials, the Zoning Administrator shall mark the application either as "Approved" or "Disapproved" and attest to the same by signature on such copy. The Zoning Administrator shall notify the applicant in writing not later than 90 days after receipt of the site plan.
c.
Site Plans Required.
1.
Minor Site Plan. A minor site plan shall be filed 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 zoning permit.
Upon determination by the Zoning Administrator, in those above cases where a field inspection indicates that the scope of the proposed building, addition, accessory use, or special exception is of such a nature that the provisions for the handling of natural and stormwater, sediment control, off-street parking, set-backs, water and sewerage, and other requirements cannot be adequately addressed with a minor site plan, a major site plan shall be required.
2.
Major Site Plan. All applications for zoning permits, other than those accompanied by a minor site plan, or those that are considered minor or major subdivisions (see definitions), shall be accompanied by a major site plan.
Prior to filing any site plan, the developer shall furnish to the Town an irrevocable letter of credit, cash escrow, or bonds from a certified Virginia Lending Institution by corporate surety in a form and amount sufficient to guarantee the completion of all required improvements. These improvements include, but are not limited to, Erosion and Sediment Control Ordinance requirements, landscaping requirements, conditional zoning or Board of Zoning Appeals requirements, and other improvements deemed necessary by the Zoning Administrator. The cost of required improvements shall be determined by a bona fide estimate of construction cost prepared by a duly licensed engineer, such estimate shall be provided at the expense of the developer. The amount of the performance bond or other guarantee shall be 110 percent of the estimated construction cost. If such Bond or other instrument contains an expiration date, provisions shall be made for the extension thereof in the event that all improvements have not been completed 30 days prior to the expiration date. In the event the agent has rejected any such agreement or Bond, the owners or developer shall have the right to have such determination made by the Board of Zoning Appeals.
3.
General Development Plan.
(a)
A general development plan 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 zoning permits can be issued based upon a general development plan.
(b)
General development plans shall be required as follows:
(1)
All applications for zoning map amendments shall be accompanied by a general development plan.
(2)
General development plans shall be required to permit more than one principal structure and its accessory structures on a lot or parcel of land.
4.
Grading Permits. As provided in Tappahannock Sediment and Erosion Control Ordinance.
5.
Subdivision Plat. If the permit involves the subdivision of land, an approved subdivision plat shall be required as provided in the Tappahannock Land Subdivision Rules and Regulations.
6.
Sign Permits. Requirements for sign permits shall be as provided in Article XVI.
7.
Transportation Plan.
(a)
General Development Plans shall demonstrate that proposed streets comply with the Town's Transportation Plan as shown in the Tappahannock Comprehensive Plan.
(b)
The owner of the property so affected, however, shall have the right to appeal the refusal of a zoning permit to the Board of Zoning Appeals, and the Board may grant a permit to build if it should find, upon the evidence and arguments presented to it upon such appeal:
(1)
That the entire property of the appellant of which the area affected by the Transportation Plan forms a part, cannot yield a reasonable return to the owner unless such appeal be granted; and
(2)
That balancing the interest of the general public in preserving the integrity of the plan and the interest of the owner of the property in the use and benefits of his property, the granting of such permit is required consideration of reasonable justice and equity.
c.
Before taking any action, the Board of Zoning Appeals shall hold a public hearing at which time the parties in interest shall have an opportunity to be heard. In the event the Board grants a zoning permit in any such appeal, it shall have the power to specify the exact location, extent, area, height, duration, and other details and conditions to govern the building, structure, or part thereof for which the permit is granted.
d.
The following additional requirements shall be applicable to site plans required under this section:
1.
Compliance with applicable established design criteria, construction standards, and specifications for all improvements as may be required by the Town Council and this Zoning Ordinance.
2.
The zoning permit shall not be issued unless and until the Virginia Department of Transportation has approved the site plan as it relates to access point design details on a state highway.
3.
Other Approvals. If this Zoning Ordinance requires approval by another agency of certain site plan features, such approval shall be obtained prior to issuance of a zoning permit.
4.
Development Plan as Site Plan. In any case, where the Zoning Administrator has approved a detailed final development plan showing essentially the same information as required above for the property seeking a zoning permit, no separate site plan shall be required to be prepared. The applicant shall be required to supply such supplementary information as necessary to comply with all requirements of this Section.
5.
Any or all of the information required for a minor or major site plan may be waived if the Zoning Administrator finds that it is not needed to make a determination of zoning compliance.
6.
The basic information required with zoning permit applications is shown in Appendix A.
Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of compliance has been issued by the Administrator. Such permit shall state that the building or the proposed use, or the use of the land, complies with the provisions of this chapter. A similar certificate shall be issued for the purpose of maintaining, renewing, changing or extending a nonconforming use. A certificate of compliance either for the whole or a part of a building shall be applied for simultaneously with the application for a zoning permit. The permit shall be issued within ten days after the erection or structural alteration of such building or part has conformed with the provisions of this chapter.
a.
Unless specifically provided in this chapter, the construction standards for all off-site improvements and on-site improvements required by this article shall conform to the Town design and construction standards contained in Appendices B, C, and D, and standard specifications for water and sewer construction. Appropriate Town authorities shall approve the plans and specifications for all required improvements and shall inspect the construction of such improvements to assure conformity thereto.
b.
Inspection during the installation of the off-site improvements shall be made by the department responsible for such improvements as required to certify compliance with the approved site plan and applicable standards.
c.
The owner shall notify the appropriate Town agencies in writing three days prior to the beginning of all street, water sewer, or storm sewer work shown to be constructed.
d.
The owner shall provide adequate supervision on the site during the installation of all required improvements and have a responsible superintendent or foreman together with one set of approved plans, profiles, and specifications available at all times when work is being performed.
e.
Upon satisfactory completion of the required improvements and after having received verification by the appropriate Town approving authorities, the Zoning Administrator shall authorize the release of any bond which may have been furnished for the guarantee of satisfactory installation of such improvements of parts thereof. This release shall provide for 25 percent of the total bond to be retained for a period of 12 months after completion of all work. Bond retention period may be extended for an additional 12 months if major failures or deficiencies occur as determined by the Zoning Administrator. Said retainer shall be for the protection of the Town to cover failures, discrepancies, etc., in the previously approved improvements.
f.
The installation of improvements as required in this article shall in no case serve to bind the Town to accept such improvement for the maintenance, repair, or operation thereof.
a.
Applications for zoning, special exception, sign permits, other permits, or minor subdivision plat approval will be accepted only from persons having the legal authority to take action in accordance with the permit or the minor subdivision plat approval. Any amendment may be initiated (i) by resolution of the Tappahannock Town Council, or (ii) by motion of the Planning Commission or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefore, of the property which is subject of the proposed zoning map amendment.
b.
The Zoning Administrator may require an applicant to submit evidence of his authority to submit the application in accordance with Subsection a. whenever there appears to be a reasonable basis for questioning this authority.
a.
All applications for zoning, special exception, sign permits, or other permits must be complete before the permit-issuing authority is required to consider the application.
b.
Subject to Section 22-31, 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.
c.
In this Ordinance, detailed or technical design requirements and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in one or more of the appendices to this ordinance. It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these appendices, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in this text of this Ordinance.
However, whenever this Ordinance requires a certain element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these appendices, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the Zoning Administrator. Failure to observe this requirement may result in permit revocation, denial of final subdivision plat approval, or other penalty as provided in Article VII.
d.
The presumption established by this Ordinance is that all of the information set forth in Appendix A 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. For applications submitted to the Board of Zoning Appeals, the applicant may rely in the first instance on the recommendations of the Zoning Administrator as to whether more or less information than that set forth in the Appendix A should be submitted.
e.
The Zoning Administrator shall make every effort to develop application forms, instructional sheets, checklists, or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. In classes of cases where a minimal amount of information is necessary to enable the Zoning Administrator to determine compliance with this Ordinance, such as applications for zoning permits to construct single-family or two-family houses, or applications for sign permits, the Zoning Administrator shall develop standard forms that will expedite the submission of the necessary plans and other required information.
a.
To minimize development planning costs, avoid misunderstanding or misinterpretation, and ensure compliance with the requirements of this ordinance, a preapplication meeting between the developer and the Zoning Administrator is encouraged or required as provided in this section.
a.
Upon receipt of a formal application for a zoning, or special exception permit, the Zoning Administrator shall review the application and confer with the applicant to ensure that he understands the Town staff's interpretation of the applicable requirements of this ordinance, that he has submitted all of the information that he intends to submit, and that the application represents precisely and completely what he proposes to do.
b.
If the application is for a special exception permit, the Zoning Administrator shall place the application on the agenda of the Board of Zoning Appeals when the applicant indicates that the application is as complete as he intends to make it. However, if the Zoning Administrator believes that the application is incomplete, he shall recommend to the Board that the application be denied on that basis.
In cases when, because of weather conditions or other factors beyond the control of the zoning-permit recipient (exclusive of financial hardship), it would be unreasonable to require the zoning-permit recipient to comply with all of the requirements of this chapter prior to commencing the intended use of the property or occupying any buildings, the Zoning Administrator may authorize the commencement of the intended use or the occupancy of buildings if the permit recipient provides a performance bond or other security satisfactory to the Town to ensure that all of the requirements of this ordinance will be fulfilled within a reasonable period (not to exceed 12 months) determined by the Zoning Administrator. The recipient is responsible for complying with all other codes prior to commencing the use or occupying the structure.
a.
If a development is constructed in phases or stages in accordance with this section, then, subject to Subsection c., the provisions of Sections 22-10 and 22-37 shall apply to each phase as if it were the entire development.
b.
As a prerequisite to taking advantage of the provisions of Subsection a., the developer shall submit plans that clearly show the various phases or stages of the proposed development and the requirements of this Ordinance that will be satisfied with respect to each phase or stage.
c.
If a development that is to be built in phases or stages includes improvements that are designed to relate to, benefit, or be used by the entire development (such as a swimming pool or tennis courts in a residential development) then, as part of his application for development approval, the developer shall submit a proposed schedule for completion of such improvements. The schedule shall relate completion of such improvements to completion of one or more phases or stages of the entire development. Once a schedule has been approved and made part of the permit by the permit-issuing authority, no land may be used, no buildings may be occupied, and no subdivision lots may be sold except in accordance with the schedule approved as part of the permit, provided that:
1.
If the improvement is one required by this ordinance then the developer may use the provisions of Subsections 22-41 a. or b.
2.
If the improvement is an amenity not required by this ordinance or is provided in response to a condition imposed by the Board of Zoning Appeals, then the developer may use the provisions of Subsection 22-41 b.
a.
Zoning, special exception, sign, and other permits shall expire automatically if, within one year after the issuance of such permits:
1.
The use authorized by such permits has not commenced, in circumstances where no substantial construction, erection, alteration, excavation, demolition, or similar work is necessary before commencement of such use, or
2.
Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the site. With respect to phased development (see Section 22-42), this requirement shall apply only to the first phase.
b.
If, after some physical alteration to land or structures begins to take place, such work is discontinued for a period of one year, then the permit authorizing such work shall immediately expire. However, expiration of the permit shall not affect the provisions of Section 22-44.
c.
The permit-issuing authority may extend for a period up to six months the date when a permit would otherwise expire pursuant to Subsections a. or b. if it concludes that (i) the permit has not yet expired, (ii) the permit recipient has proceeded with due diligence and in good faith, and (iii) conditions have not changed so substantially as to warrant a new application. Successive extensions may be granted for periods up to six months upon the same findings. All such extensions may be granted without resort to the formal processes and fees required for a new permit.
d.
For purposes of this section, the permit within the jurisdiction of the Board of Zoning Appeals is issued when such Board votes to approve the application with or without conditions (written minutes of such Board action will state conditions in full) and the Zoning Administrator issues the permit. A permit within the jurisdiction of the Zoning Administrator is issued when the earlier of the following takes place:
1.
A copy of the fully executed permit is delivered to the permit recipient, and delivery is accomplished when the permit is hand-delivered or mailed to the permit applicant; or
2.
The Zoning Administrator notifies the permit applicant that the applicant has been approved and that all that remains before a fully executed permit can be delivered is for the applicant to take certain specified actions, such as having the permit executed by the property owner so it can be recorded if required.
e.
Notwithstanding any of the provisions of Article VIII, this section shall be applicable to permits issued prior to the date this section becomes effective.
a.
Zoning, special exception, sign, and other permits authorize the permittee to make use of land and structures in a particular way. Such permits are not transferable.
a.
Insignificant deviations from the permit (including approved plans) issued by the Board of Zoning Appeals or the Zoning Administrator are permissible and the Zoning Administrator may authorize such insignificant deviations. A deviation is insignificant if it has no discernible impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
b.
Minor design modifications or changes in permits (including approved plans) are permissible with the approval of the permit-issuing authority. Such permission may be obtained without a formal application, public hearing, or payment of any additional fee. For purposes of this section, minor design modifications or changes are those that have no substantial impact on neighboring properties, the general public, or those intended to occupy or use the proposed development.
c.
All other requests for changes in approved plans will be processed as new applications. If such requests are required to be acted upon by the Board of Zoning Appeals, new conditions may be imposed, but the applicant retains the right to reject such additional conditions by withdrawing his request for an amendment and may then proceed in accordance with the previously issued permit.
d.
The Zoning Administrator shall determine whether amendments to and modifications of permits fall within the categories set forth above in Subsections a., b., and c.
e.
A developer requesting approval of changes shall submit a written request for such approval to the Zoning Administrator, and that request shall identify the changes. Approval of all changes must be given in writing.
a.
Whenever the Board of Zoning Appeals disapproves an application for a special exception permit or a variance, on any basis other than the failure of the applicant to submit a complete application, such action may not be reconsidered by the Board at a later time unless the applicant clearly demonstrates that:
1.
Circumstances affecting the property that is the subject of the application have substantially changed, or
2.
New information is available that could not with reasonable diligence have been presented at a previous hearing. A request to be heard on this basis must be filed with the Zoning Administrator within the time period for an appeal to the Court (see Section 22-77). However, such a request does not extend the period within which an appeal must be taken.
b.
Notwithstanding Subsection a., the Board of Zoning Appeals may at any time consider a new application affecting the same property as an application previously denied. A new application is one that differs in some substantial way from the one previously considered.
The recipient of any zoning, special exception, sign, or other permit, or his successor, including a homeowners association, shall be responsible for maintaining all common areas, improvements, or facilities required by this ordinance or any permit issued in accordance with its provisions, except those areas, improvements, or facilities with respect to which an offer of dedication to the public has been accepted by the Town. As illustrations, and without limiting the generality of the foregoing, this means that private roads and parking areas, water and sewer lines, and recreational facilities must be properly maintained so that they can be used in the manner intended, and require vegetation and trees used for screening, landscaping, or shading must be replaced if they die or are destroyed.
The Zoning Administrator shall keep records of all zoning permits issued under this Ordinance; maintain permanent and current records related to the Ordinance, including zoning maps, amendments, special exceptions, variances, appeals, and planned development site plans; and make annual reports and recommendations to the Planning Commission and Town Council on matters pertaining to this Ordinance.
Zoning permits or Certificates of Occupancy issued on the basis of plans and applications approved by the Zoning Administrator or Building Official authorize only the use, arrangement, and construction set forth in such permits, plans, and certificates, and no other. The use, arrangement or construction at variance with that authorized shall be deemed a violation of this Zoning Ordinance.
a.
The development and execution of this Ordinance are based upon the division of the Town into zoning districts within which the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district or districts without consideration in each case of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location.
b.
The intent of this Article is to establish procedures and minimum standards to be used as guidelines for the consideration and authorization of those uses classified as special exceptions under the respective District regulations.
c.
The granting of a special exception does not exempt the applicant from complying with all other requirements of this Ordinance or of the law.
Any property owner or other person with an enforceable legal interest in a property may file an application to use such land for one or more of the special exceptions provided in the zoning district in which the land is located.
a.
Such application for special exception shall be filed with the Zoning Administrator on a form prescribed by the Zoning Administrator. The application shall be accompanied by such plans and/or data as required in Section 22-34 and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use will conform to the standards hereinafter set forth.
b.
The special exception the Zoning Administrator shall forward the application to the Board of Zoning Appeals for review and decision.
a.
The Board of Zoning Appeals shall hold a public hearing in accordance with Article VI of this Ordinance on each application for a special exception at such time and place as shall be established by the Board of Zoning Appeals. The hearing shall be conducted, and a record of such proceedings shall be preserved in such a manner as the Board of Zoning Appeals shall, by rule, prescribe from time to time.
b.
Notice is required as provided by the 1950 Code of Virginia, as amended.
For each application for a special exception, the Board of Zoning Appeals shall normally, within 60 days of receipt of the application, conduct its public hearing and report its findings and decisions, including the stipulations or additional conditions and guarantees deemed necessary for the protection of the public interest.
No special exception shall be approved by the Board of Zoning Appeals unless such Board shall find:
a.
That the establishment, maintenance, and operation of the special exception will not be detrimental to or endanger the public health, safety, convenience, morals, order, or general welfare.
b.
That the special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
c.
That the exterior architectural appeal and functional plan of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district, as to cause a substantial depreciation in the property values within the neighborhood.
d.
That adequate utilities, water, sewer or septic system, access roads, storm drainage and/or other necessary improvements have been or are being provided.
e.
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
f.
That the proposed special exception is not contrary to the objectives of the current Comprehensive Plan for the Town of Tappahannock.
g.
That the special exception shall, in all other respects, conform to the applicable regulations of the district in which it is located or to the special requirements established for the specific use.
h.
In accordance with Code of Virginia (1950), § 15.2-2309, as amended.
i.
Conditions and Guarantees. Prior to the granting of any special exception, the Board of Zoning Appeals shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special exception as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements of this Ordinance. In all cases in which special exceptions are granted, the Board of Zoning Appeals shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.
No application for a special exception which has been denied wholly or in part by the Board of Zoning Appeals shall be resubmitted for a period of two years from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Board of Zoning Appeals.
Notice of complaints received by any representative of the Town concerning the operation of any special exceptions shall be transmitted promptly to the Board of Zoning Appeals which shall take appropriate action as provided by law. The complainant shall be notified of the action taken.
a.
Failure to Comply with Conditions. Whenever the Board of Zoning Appeals shall find, in case of any permit heretofore or hereafter granted pursuant to the provisions of this Article that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, the Board of Zoning Appeals is authorized, after due notice to all parties concerned and granting full opportunity for a public hearing (in accordance with 1950 Code of Virginia, as amended) to suspend or revoke such permit or take other action as it deems necessary to ensure compliance. The Board of Zoning Appeals is authorized to request and obtain investigations and reports as to compliance from such Town or state agencies or administrative officers as may be appropriate.
b.
Abandonment, etc. Whenever the Board of Zoning Appeals shall determine that a special exception appears to have been abandoned, that an approved special exception is not initiated within one year after the date of approval, or that all of the terms and conditions of its grant are not being complied with, the Zoning Administrator shall notify the Board Zoning Appeals and the Town attorney's office. Upon receipt of notice of such determination by the Board, the Board shall issue an order to show cause why such special exception should not be revoked. Notice thereof shall be given to the party to whom the special exception has been granted and to all parties who would be entitled to receive notice of a new application for special exception concerning the property. The applicant shall have 30 days from the date of written notice of expiration to file an appeal of said notice.
Cross reference— See Article VII for enforcement provisions.
Certain buildings, structures, and uses of land developed as special exceptions are of such substantially different character from other special exceptions that they require specific and additional standards to guide the decision of the Board of Zoning Appeals. Minimum standards required in Article XI of this Ordinance shall be complied with for a Special Exception.