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Zoning & Planning Review of Subdivisions over 3 Lots

Different types of meetings are held on different days & times, as shown.

Stage

Most steps don't apply to parent-child transfers or minor subdivisions.



Actors

ZO: Zoning Ordinance
SO: Subdivision Ordinance

 

 

Law
(text below)

Ordinance (links above)

 

 

 

These steps only apply to dense subdivisions in Rural District

CUP: Conditional Use Permit (allows project even if it is not otherwise permitted in zoning district)

Issues are accuracy of data and compatibility with area & county

Apply for CUP, with support data

developer, water/sewer providers

8-24-1

8-24-39

ZO 7.4

 

 

 

LESA score*, evaluate support data*

Zoning Administrator (Raco)

ZO 6, 7.4, 7.5

 

 

 

10am Wednesday Compatibility meeting, with rulings* by Zoning Administrator on relevance

public, developer, chaired by Zoning Administrator

ZO 7.6

 

 

 

 

 

 

 

7pm Tuesday Compatibility hearing & approve/disapprove CUP* with/without conditions

public, developer, Planning Commission

ZO 7.6, 7.7

 

 

These steps apply in all districts

CIS: Community Impact Statement

Issues are accuracy of data and "community acceptability" or "suitable/unsuitable" (SO sections 6.0, 7.1).

CIS must provide, "A discussion of the relationship of the proposed subdivision to the community (County) and the area around the subdivision... evaluate the adequacy of available public and private services to meet the demands expected from the subdivision proposal as fully developed. (SO section 7.1b)

Apply for CIS approval, with sketch plat, CIS, soils study

developer, water/sewer providers

8-24-1

8-24-30

SO 6, 7, 8.1a

 

 

 

Fri morning Staff conference

developer, planner (Bockmiller), engineer (Goodwin)

SO 6, 7, 8.1a

 

 

 

7pm Tuesday hearing & approve/disapprove CIS**

public, developer, Planning Commission

SO 6, 7, 8.1a

 

 

 

Apply for preliminary plat

developer

SO 6, 8.1b, 8.2

 

 

 

 

 

Approve/request changes in preliminary plat

planner, engineer, WV Department of Environmental Protection (stormwater permit registration; can be appealed to Environmental Quality Bd)

SO 6, 8.1b, 8.2

 

 

 

 

 

 

 

Apply for final plat

developer

SO 6, 7, 8

 

 

 

 

 

 

 

7pm Tuesday hearing & approve / reject final plat**

Planning Commission

SO 6, 7, 8

 

 

These steps apply in all districts.

Building roads, sewers, etc.

Approve bonds

planner, engineer

 

 

 

 

 

 

Record plat

County Clerk (Ott)

 

 

 

 

 

 

Build infrastructure

developer

 

 

 

 

 

 

 

 

10am Thursday release or exercise bond

engineer, County Commission

 

 

 

This step applies in all districts.

Get Building Permit & water/sewer permits for each house**

Building permit office, inspectors, health dept, water/sewer providers

8-24-36

 

 

*starred decisions can be appealed to Zoning Board of Appeals, which is a separate group from the Planning Commission. The Zoning Board will hold a 3pm Thursday public hearing & decide**

**double starred decisions can be appealed to circuit court

 

8-24-1. Planning commissions authorized; statement of objective.

The governing body of every municipality and the county court of every county may by ordinance create a planning commission in order to promote the orderly development of its governmental units and its environs. It is the object of this article to encourage local units of government to improve the present health, safety, convenience and welfare of their citizens and to plan for the future development of their communities to the end that highway systems be carefully planned; that new community centers grow only with adequate highway, utility, health, educational and recreational facilities; that the needs of agriculture, industry and business be recognized in future growth; that residential areas provide healthy surroundings for family life; and that the growth of the community is commensurate with and promotive of the efficient and economical use of public funds.

In accomplishing this objective, it is intended that the planning commission shall serve in an advisory capacity to the governing body of a municipality or a county court, that certain regulatory powers be created over developments affecting the public welfare and not now otherwise controlled, and that additional powers and authority be granted to the governing bodies of municipalities and to counties to carry out the objective and overall purposes of this article.

8-24-30. Subdivision plats -- Basis for commission's action upon application for approval.

In determining whether an application for approval shall be granted, the commission shall determine if the plat provides for:

(1) Coordination of subdivision streets with existing and planned streets;

(2) Coordination with and extension of facilities included in the comprehensive plan;

(3) Establishment of minimum width, depth and area of lots within the projected subdivision;

(4) Distribution of population and traffic in a manner tending to create conditions favorable to health, safety, convenience and the harmonious development of the municipality or county; and

(5) Fair allocations of areas for streets, parks, schools, public and semipublic buildings, homes, utilities, business and industry.

As a condition of approval of a plat the commission may specify:

(1) The manner in which streets shall be laid out, graded and improved;

(2) Provisions for water, sewage and other utility services;

(3) Provision for schools;

(4) Provision for essential municipal services; and

(5) Provision for recreational facilities.



8-24-36. Improvement location permits -- Conformity of structure to comprehensive plan and ordinance.

After a comprehensive plan and an ordinance containing provisions for subdivision control and the approval of plats and replats have been adopted and a certified copy of the ordinance has been filed with the clerk of the county court as aforesaid, within the corporate limits of the municipality, a structure shall not be located and an improvement location permit for a structure on platted or unplatted lands shall not be issued unless the structure and its location conform to the municipality's comprehensive plan and ordinance. A structure shall not be located and an improvement location permit shall not be issued for a structure on unincorporated lands within the jurisdiction of the county planning commission unless the structure and its location conform to the county's comprehensive plan and ordinance.

8-24-39. Zoning authority generally.

As an integral part of the planning of areas so that adequate light, air, convenience of access, and safety from fire, flood and other danger may be secured; that congestion in the public streets may be lessened or avoided; that the public health, safety, comfort, morals, convenience and general public welfare may be promoted; that the preservation of historic landmarks, sites, districts and buildings be promoted; and that the objective set forth in section one of this article may be further accomplished, the governing body of a municipality or a county commission shall have the following powers:

(a) To classify, regulate and limit the height, area, bulk and use of buildings hereafter to be erected;

(b) To regulate the height, area, bulk, exterior architectural features and use of buildings hereafter to be erected within designated historic districts;

(c) To regulate the alteration of exterior architectural features of buildings within historic districts and to regulate the alteration of historic landmarks and sites;

(d) To regulate and determine the area of front, rear and side yards, courts and other open spaces about such buildings;

(e) To regulate and determine the use and intensity of use of land and lot areas;

(f) To classify, regulate and restrict the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses;

(g) To regulate and control, or prohibit in certain areas, junk yards, salvage yards, used parts yards, dumps or automobile or appliance graveyards, or the maintenance and operation of secondhand stores or outlets in residential areas;

(h) To classify and designate the rural lands among agricultural, industrial, commercial, residential and other uses and purposes; and

(i) To divide the municipality or county into districts of such kind, character, number, shape and area as may be deemed necessary to carry out the purposes of this section.