(a)

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the council may by ordinance amend, supplement, or change the text of this chapter including the regulations, district boundaries, or classifications of real property. Any such amendment may be initiated by resolution of the council, by motion of the planning commission, or by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent, of the property which is the subject to the proposed zoning action, addressed to the town council or the planning commission, who shall forward such petition to the town council. Petitions under this subsection shall be addressed to the council or the planning commission, who shall forward such petition to the council; provided, however, that substantially the same petition will not be reconsidered within a period of one year. Any resolution or motion by the council or planning commission proposing the rezoning shall state the public purposes for such.

(b)

At the direction of the town council, the planning commission shall, prepare a proposed zoning ordinance including a map or maps showing the division of the territory into districts and a text setting forth the regulations applying in each district. The commission shall hold at least one public hearing on a proposed ordinance or any amendment of an ordinance, after notice as required by Code of Virginia, § 15.2-2204, and may make appropriate changes in the proposed ordinance or amendment as a result of the hearing. Upon the completion of its work, the commission shall present the proposed ordinance or amendment including the district maps to the governing body together with its recommendations and appropriate materials.

(c)

Petitions brought by property owners, contract purchasers or their agents shall be sworn under oath before a notary public or other official before whom oaths may be taken, stating whether or not any member of the commission or council has any interest in such property, individually, by ownership of stock in a corporation owning such land, or partnership, or whether a member of the immediate household of any member of the commission or council has any such interest.

(d)

No provision in this chapter shall be amended or reenacted unless the council has referred the proposed amendment or reenactment to the commission for its recommendations. Failure of the commission to report 100 days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission, or such shorter period as may be prescribed by the council, shall be deemed approval, unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of the time period. In the event of and upon such withdrawal, processing of the proposed amendment or reenactment shall cease without further action as otherwise would be required by this subsection.

(e)

Before approving and adopting any zoning ordinance or amendment thereof, the town council shall hold at least one public hearing thereon, pursuant to public notice as required by Code of Virginia, § 15.2-2204, after which the town council may make appropriate changes or corrections in this chapter or proposed amendment. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by Code of Virginia, § 15.2-2204. Zoning ordinances shall be enacted in the same manner as all other ordinances.

(f)

Every action contesting a decision of the council adopting or failing to adopt a proposed zoning ordinance or amendment thereto or granting or failing to grant a special use permit shall be filed within 30 days of such decision with the Campbell County Circuit Court. However, nothing in this subsection shall be construed to create any new right to contest the action of the town council.

(Ord. of 10-11-2011(3), § 2)

(a)

Plans or ordinances, or amendments thereof, recommended or adopted under the powers conferred by Code of Virginia, §§ 15.2-2200—15.2-2327 need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a descriptive summary of the proposed action and a reference to the places within the town where copies of the proposed plans, ordinances or amendments may be examined. The planning commission shall not recommend nor the town council adopt any plan, ordinance or amendment thereof until notice of intention to do so has been published twice in some newspaper published or having general circulation in the town; however, the notice for both the planning commission and the town council may be published concurrently. The notice shall specify the time and place of the hearing at which persons affected may appear and present their views, such hearing to be held not less than five days nor more than 28 days after the second advertisement appears in such newspaper. The planning commission and town council may hold a joint public hearing after public notice as set forth in this subsection. If a joint hearing is held, then public notice as set forth need be given only by the town council. After enactment of any plan, ordinance or amendment, further publication shall not be required.

In any instance in which the town council and/or the planning commission has submitted a correct and timely notice request to such newspaper and the newspaper fails to publish the notice, or publishes the notice incorrectly, the town council and/or planning commission shall be deemed to have met the notice requirements hereof so long as the notice was published in the next available edition of a newspaper having general circulation in the town.

(b)

When a proposed amendment of this chapter involves a change in the zoning map classification of 25 or fewer parcels of land, then, in addition to the advertising as required in subsection (a) of this section, written notice shall be given by the planning commission, or its representative, at least five days before the hearing to the owners, their agent or the occupant, of each parcel involved; to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected, including those parcels which lie in other localities of the commonwealth; and, if any portion of the affected property is within a planned unit development, then to such incorporated property owner's associations within the planned unit development that have members owning property located within 2,000 feet of the affected property as may be required by the commission or its agent. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed. Costs of any notice required under Code of Virginia, §§ 15.2-2200—15.2-2327 shall be taxed to the applicant.

(c)

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 parcels of land, or a change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit density of any parcel of land, then, in addition to the advertising as above required, written notice shall be given by the planning commission, or its representative, at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved, provided, however, that written notice of such changes to zoning ordinance text regulations shall not have to be mailed to the owner, owners, or their agent of lots shown on a subdivision plat approved and recorded pursuant to the provisions of Code of Virginia, § 15.2-2240, where such lots are less than 11,500 square feet. One notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement, provided that a representative of the local commission shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. Nothing in this subsection shall be construed as to invalidate any subsequently adopted amendment or ordinance because of the inadvertent failure by the representative of the local commission to give written notice to the owner, owners or their agent of any parcel involved.

(d)

Whenever the notices required hereby are sent by an agency, department or division of the town council, or its representative, such notices may be sent by first class mail; however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case. A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section is required shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice required by this section.

(e)

When a proposed comprehensive plan or amendment thereto; a proposed change in zoning map classification; or an application for special use permit for a change in use or to increase by greater than 50 percent of the bulk or height of an existing or proposed building, but not including renewals of previously approved special use permits, involves any parcel of land located within one-half mile of a boundary of an adjoining locality of the commonwealth, then, in addition to the advertising and written notification as required in this section, written notice shall also be given by the commission, or its representative, at least ten days before the hearing to the chief administrative officer, or his or her designee, of such adjoining locality.

(f)

When (i) a proposed comprehensive plan or amendment thereto, (ii) a proposed change in zoning map classification, or (iii) an application for special use permit for a change in use involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, military airport, excluding armories operated by the Virginia National Guard, or licensed public-use airport then, in addition to the advertising and written notification as above required, written notice shall also be given by the local commission, or its representative, at least ten days before the hearing to the commander of the military base, military installation, military airport, or owner of such public-use airport, and the notice shall advise the military commander or owner of such public-use airport of the opportunity to submit comments or recommendations.

(g)

The adoption or amendment prior to July 1, 1996, of any plan or ordinance under the authority of prior acts shall not be declared invalid by reason of a failure to advertise or give notice as may be required by such act or by Code of Virginia, §§ 15.2-2200—15.2-2327, provided that a public hearing was conducted by the town council prior to such adoption or amendment. Every action contesting a decision of the town based on a failure to advertise or give notice as may be required by such statutes shall be filed within 30 days of such decision with the circuit court having jurisdiction of the land affected by the decision. However, any litigation pending prior to July 1, 1996, shall not be affected by the 1996 amendment to this section.

(h)

At the time an application is filed with the town, a sign shall be posted on the property by the applicant notifying interested persons that a zoning action involving the property is pending. Where the zoning action has been initiated by the planning commission or by the town council, the sign shall be posted on the property by the town. Such sign shall be located along the edge of the right-of-way of a public street or road, upon which such business or proposed use fronts. The sign shall be placed on the property at 500-foot intervals. If the property in question has a 500-foot or less frontage, one sign shall suffice. Where property does not front on an existing right-of-way, such sign shall be placed within the right-of-way of the nearest street or road.

(Ord. of 10-11-2011(3), § 2; Ord. of 8-12-2025(4), § 1)

It is the general policy of the town, in accordance with the provisions of Code of Virginia, § 15.2-2283, to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses and the same time to recognize effects of change. It is the purpose of this division to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The exercise of authority granted pursuant to this division shall not be construed to limit or restrict powers otherwise granted to the town, nor to affect the validity of any ordinance adopted by the town which would be valid without regard to this section. The provisions of this division shall not be used for the purpose of discrimination in housing.

(Ord. of 10-11-2011(3), § 2)

(a)

An applicant may, as a part of an application for a rezoning, provided that the applicant is the owner of the property to be rezoned, voluntarily proffer, in writing, reasonable conditions, prior to a public hearing before the town council, in addition to the regulations provided for the zoning district or zone by the ordinance, as a part of a rezoning or amendment to a zoning map; provided, however, that:

(1)

The rezoning itself must give rise for the need for the conditions.

(2)

The conditions shall have a reasonable relation to the rezoning.

(3)

The conditions shall not include a cash contribution to the town.

(4)

The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241.

(5)

The conditions shall not include a requirement that the applicant create a property owners' association under Code of Virginia, § 55-508 et seq., which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Virginia Department of Transportation.

(6)

The conditions shall not include payment for or construction of off-site improvements except those provided for in Code of Virginia, § 15.2-2241.

(7)

No condition shall be proffered that is not related to the physical development or physical operation of the property.

(8)

All such conditions shall be in conformity with the comprehensive plan as defined in Code of Virginia, § 15.2-2223.

(b)

Once proffered and accepted as part of an amendment to this chapter, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(Ord. of 10-11-2011(3), § 2)

(a)

The zoning administrator is vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to a rezoning or amendment to a zoning map, including:

(1)

The ordering in writing of the remedy of any noncompliance with the conditions;

(2)

The bringing of legal action to ensure compliance with the conditions, including injunction, abatement, or other appropriate action or proceeding; and

(3)

Requiring a guarantee, satisfactory to the town council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town council, or agent thereof, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part.

Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy, or building permits, as may be appropriate.

(Ord. of 10-11-2011(3), § 2)

The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep in his or her office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone.

(Ord. of 10-11-2011(3), § 2)

Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of section 86-793 may petition the town council for review of the decision of the zoning administrator. All petitions for review shall be filed with the zoning administrator and with the clerk of the town council within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.

(Ord. of 10-11-2011(3), § 2)

There shall be no amendment or variation of conditions created pursuant to the provisions of Code of Virginia, § 15.2-2297, until after a public hearing before the Town Council advertised pursuant to the provisions of Code of Virginia, § 15.2-2204.

(Ord. of 10-11-2011(3), § 2)