Planning Commission Bypasses Public Hearing Requirement

By DORIE SOUTHERN
Cape Charles Wave

February 7, 2013

The Cape Charles Planning Commission voted February 5 to send a letter to Town Council requesting concurrence with a plan to amend the Town’s zoning ordinance.

The amendment would establish limits on residential occupancy in the Harbor District.

The Planning Commission recommends using the Floor Area Ratio (FAR) to calculate housing density in the Harbor District.

Under Town regulations, public hearings are required to be held before either the Planning Commission can recommend or Town Council can approve a change to a zoning ordinance.

Since no public hearings have been scheduled, the Planning Commission vote occurred without opportunity for any public input.

Town Council consideration of the proposed zoning amendment would also occur before a public hearing is held.

After Town Council has given its concurrence with the proposed changes, the Planning Commission intends to hold a public hearing on the changes, followed by a public hearing by Town Council.

OTHER PLANNING COMMISSION BUSINESS

Town Planner Tom Bonadeo reported that the town manager is consulting with the town attorney regarding limiting appeals of rulings by the Historic District Review Board.

Under the current Town ordinance, any decision of the Review Board may be appealed, first to Town Council, and then to the Circuit Court.

Town staff appear interested in changing the ordinance such that only denials, not approvals, by the Review Board may be appealed.

CONTINUED FROM FIRST PAGE

The issue arose after a resident appealed the Historic District Review Board’s approval of a bathroom in Central Park designed to resemble a sewage pump station.

After Town Council rejected the appeal, the resident took the case to  Northampton County Circuit Court.

If the ordinance is changed, in the future no such appeal could be made, either to Town Council or the Circuit Court.

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