Whenever public necessity, convenience, general
welfare or good zoning practice require, and subject to the requirements
set forth in §§ 15.1-491 and 15.1-493, Code of Virginia
1950, as amended, the regulations, restrictions and district boundaries
established by this chapter may be amended, supplemented, changed
or repealed by ordinance adopted by the Town Council.
Amendments to this chapter may be initiated
by any of the following methods:
A. Resolution of the Town Council. The Town Council may,
by its own resolution, initiate an ordinance to amend any of the provisions
of this chapter, including the Official Zoning Map. Such resolution shall state the public purpose for the
amendment.
B. Motion of the Planning Commission. The Planning Commission
may, by adoption of a motion, initiate an amendment to any of the
provisions of this chapter, including the Official Zoning Map. Such motion shall be forwarded to the Town Council, which
shall cause an ordinance to be prepared for its consideration.
C. Petition of a property owner. A petition to change
the zoning classification of property by amendment to the Official
Zoning Map may be filed by the owner of such property or, with the
written consent of the owner, the contract purchaser of the property
or an agent of the owner.
No amendment to this chapter shall be acted
upon by the Town Council unless the amendment has been referred by
the Council to the Planning Commission for its review and recommendation
in accordance with this section.
A. Recommendation. The Commission may recommend that
the Town Council adopt or reject the amendment or may recommend changes
in the amendment. Failure of the Commission to consider the amendment
and report to the Council within 90 days after the first regular meeting
of the Commission after the amendment was referred to it by the Council
shall be considered a recommendation of approval.
B. Public notice and hearing.
[Amended 10-10-2011]
(1) Before taking action on any amendment, the Planning
Commission shall give public notice and hold a public hearing as required
by § 15.2-2204, Code of Virginia 1950, as amended. A joint
public hearing may be held with the Town Council.
(2) The Zoning Administrator shall see that an appropriate sign is posted on property proposed to be rezoned at least 10 days prior to the public hearing. Such sign shall indicate that a proposed rezoning of the property is pending. No such posting of a sign shall be required, however, with respect to any initial amendment of the A-1 Agricultural/Residential zoning classification of territory annexed to the Town, as provided in §
171-32 of this chapter, to any other zoning classification that becomes effective within the 12 months following the incorporation of such territory into the Town.
All Planning Commission actions on proposed
amendments shall be in accordance with the following:
A. In making its recommendation on any proposed amendment, the Commission shall consider the factors listed in §
171-3 of this chapter.
B. The Zoning Administrator shall submit a written recommendation
to the Planning Commission prior to its action.
C. All actions by the Commission shall be in the form
of a motion, giving the reasons for the action and the vote of each
member. All actions shall be recorded in the Commission's records.
Each recommendation to the Council shall include a statement of the
relationship of the proposed rezoning to the Comprehensive Plan of
the town.
D. In any case where the Commission is unable to adopt
a motion to recommend approval or disapproval, it shall forward a
written report to the Council stating such fact and summarizing its
discussions on the matter.
Final action on all proposed amendments shall
be taken in accordance with the following provisions.
A. Public notice and hearing. Before taking action on
any ordinance to amend the provisions of this chapter, the Town Council
shall give public notice as required by § 15.1-431, Code
of Virginia 1950, as amended, and shall hold a public hearing. A joint
public hearing may be held with the Planning Commission.
B. Final action. After receiving a report from the Planning
Commission and after giving public notice and holding a public hearing,
the Town Council may adopt or reject the proposed amendment or may
make appropriate changes to the amendment. No land may be zoned to
a more intensive use classification nor shall a greater area of land
be rezoned than was described in the public notice without referral
to the Planning Commission and an additional public hearing after
public notice as required by § 15.1-431, Code of Virginia
1950, as amended.
C. Continuance or withdrawal. Final action on any proposed
amendment may be continued by the Town Council for good cause, provided
that all resolutions, motions or petitions for amendments shall be
acted upon by the Council within one year of the date of the resolution,
motion or petition. This provision shall not apply if the petitioner
requests or consents in writing to action beyond such period or if
a petition is withdrawn by providing written notice to the Council.
Whenever an application for change in the zoning
classification of any property is denied, such application shall not
be eligible for reconsideration for one year from the date of denial,
except in the following cases:
A. Upon initiation by the Town Council or the Planning
Commission.
B. When a new application, although involving all or
a portion of the same property, is for a different zoning classification
than the original application.
C. When the original application was denied for the reason
that the proposed rezoning would not conform to the Comprehensive
Plan of the town, and such plan has subsequently been amended in a
manner that the proposed rezoning would conform.