(a)

Amendment procedures, which shall include a request for rezoning but not such matters as are elsewhere delegated to the Board of Zoning Appeals, shall be initiated by petition to the town council or the clerk thereof from a property owner, the town manager, or any citizen who shall in good faith have a direct proprietary interest in real estate affected, or agent of either, or the town council on its own motion. Such petition shall adequately designate the property, the requested changes, the reasons therefor, and the proposed use. If the petitioner be a corporation or partnership, the petition shall contain the name and address of each officer of the corporation and of each partner of the partnership.

(b)

No such petition affecting the same or substantially the same property shall, if decided against the petitioner, be again presented to the town council within six months of the date of the public town council hearing thereon, except by consent of two-thirds affirmative vote of the entire Town Council.

(Ord. of 2-12-1979, § 10(10A))

(a)

Referral required. No ordinance, or portion thereof, shall be amended or reenacted unless the town council has referred the proposed amendment or re-enactment, including a request for re-zoning, to the planning commission for its recommendation. Any petition for amendment shall be forthwith transmitted by the clerk of council to the planning commission which shall promptly convene and proceed to act thereon after public notice as set forth in Section 10C. Failure of the commission to report 30 days after the first meeting of the commission after the proposed amendment or re-enactment has been referred to the commission shall be deemed approval.

(b)

Proposal of Conditional Zoning.

(1)

In the case of an application for rezoning which must be delegated to the planning commission for a recommendation, the planning commission may make use of Conditional Zoning in compliance with sections 15.1-491.1 through 15.1-491.6 of the Code of Virginia 1950 [Code of Virginia, §§ 15.2-2296 through 15.2-2302]. Conditional Zoning means, as part of classifying land within a governmental entity into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to the regulations provided for a particular zoning district or zone by the overall zoning ordinance. Conditional Zoning may be used in situations where competing and incompatible uses conflict and traditional zoning methods and procedures are inadequate. Among the reasonable conditions that may be included in Conditional Zoning ordinance, taking into consideration the intent of this chapter, are conditions that:

a.

Abate or restrict noise, smoke, dust, water run-off, land erosion, or other elements that may affect surrounding property;

b.

Establish minimum setback, side, and front yard requirements necessary for orderly expansion and to prevent traffic congestion;

c.

Provide for adequate parking and ingress and egress to public streets and roads;

d.

Provide adjoining property with a buffer or shield from view of the proposed use, if such use is considered to be detrimental to adjoining property;

e.

Tend to prevent such use from changing the character and established pattern of development in the community.

(2)

A Conditional Zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body, 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 that:

a.

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

b.

Such conditions shall have a reasonable relation to the rezoning;

c.

Such conditions shall not include a cash contribution to the county or municipality;

d.

Such 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 § 15.1-466f [Code of Virginia, § 15.2-2241];

e.

Such conditions shall not include payment for or construction of off-site improvements except those provided for in 15.1-466j [Code of Virginia, § 15.2-2241];

f.

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

g.

All conditions shall be in conformity with the Comprehensive Plan as defined in 15.1-446.1 [Code of Virginia, § 15.2-2223].

(3)

Once proffered and accepted as part of an amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(4)

The zoning administrator shall be vested with all necessary authority to administer and enforce conditions attached to a rezoning or amendment to a zoning map as per 15.1-491.3 of the Code of Virginia 1950 [Code of Virginia, § 15.2-2299].

(5)

The Zoning map shall show by appropriate symbol on the map the existence of conditions attaching to the zoning on the map as per 15.1-494.4 of the Code of Virginia 1950 [Code of Virginia, § 15.2-2300].

(c)

Uses not provided for. Whenever in any district established under this chapter a use is not specifically permitted or denied and an application is made by a property owner to the Administrator for such use, the Administrator shall refer the application to the planning commission, which shall make its recommendation to the town council within 30 days.

(Ord. of 2-12-1979, § 10(10B); Ord. of 8-13-1990, § 10(10B))

The planning commission shall not recommend nor the town council adopt any plan, ordinance, or amendment until holding at least one public hearing thereon, pursuant to public notice as required by 15.1-431 of the Code of Virginia 1950 [Code of Virginia, § 15.2-2204], after which the Council may make appropriate changes or corrections in the ordinance or proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by said 15.1-431 [Code of Virginia, § 15.2-2204]. Such ordinances shall be enacted in the same manner as all other ordinances.

(Ord. of 2-12-1979, § 10(10C))

Council may, by including the same in any ordinance providing for the amendment repeal, the re-enactment, or the supplement to this chapter - condition the effective application thereof to the representations made in the petition and may direct the town manager to issue the necessary permits only in compliance therewith. Council may also direct that reasonable bond with corporate surety be posted by the petitioner to ensure compliance with the terms of this ordinance.

(Ord. of 2-12-1979, § 10(10D))

(a)

In any proceeding under this title of the Town Code, the party initiating the same shall be responsible for all advertising costs and fees connected therewith.

(b)

A fee of $10.00 shall be paid to the clerk of the Council upon filing of a petition for amendment or rezoning, and such other fees as are established by the zoning administrator shall be paid to him on behalf of the Town at the time of filing of an application for any other permit or hearing, if such fee be required by the said Administrator.

(Ord. of 2-12-1979, § 10(10E))