The town council may amend, supplement, change, modify or repeal the requirements and districts herein established on its own motion or on a petition of the owner or contract owner of the property proposed for a change.

(Ord. of 5-8-01)

(a)

Pre-application review. At least thirty (30) days before the formal submission of an application seeking approval of a rezoning, the property owner and/or zoning applicant shall hold a conference with the department of planning and community development concerning the proposal and shall provide a concept plan that specifies the following:

(1)

The general location and amount of land proposed for development;

(2)

The number of dwelling units, gross floor area and acreage of each use, or land area shown on the concept plan; and

(3)

The general location of all existing and proposed buildings and structures.

Within fifteen (15) days after the conference, the planning director shall provide the property owner or zoning applicant with a summary of the meeting.

(b)

Application submittal. Following the required pre-application review, the property owner or zoning applicant may submit a rezoning application. The rezoning application shall consist of the following materials:

(1)

A rezoning application form accompanied by the required fee;

(2)

A concept plan prepared in accordance with subsection (a) above;

(3)

Building elevation drawings of all proposed buildings and structures; and

(4)

A written statement of proffers in accordance with section 27-381 of this chapter.

(5)

A traffic impact analysis, in accordance with Code of Virginia, § 15.2-2222.1, as amended.

Every application shall be filed with all required materials as described above. Otherwise, the application will be returned as an incomplete submission. Every application submission shall be filed in writing with the zoning administrator thirty (30) days prior to the public hearing of the planning commission. Public hearings for all such rezonings shall be heard by the town council at its regular meetings.

(Ord. of 5-8-01; Ord. No. O-2006-003, 1-10-06; Ord. of 6-12-07; Ord. of 10-14-08)

No application for any change of zoning of the same lot shall be considered by the town council within a period of one (1) year from its last consideration by the town council. This provision, however, shall not impair the right of the town council to propose a change of zoning on its own motion.

(Ord. of 5-8-01)

The planning commission shall hold at least one (1) public hearing on such proposed amendment after notice, as required by law, and may make appropriate changes in the proposed amendment to the town council, together with its recommendations and appropriate explanatory materials.

(Ord. of 5-8-01)

Before approving and adopting any amendment to this chapter, the town council shall hold at least one (1) public hearing thereon, pursuant to public notice as required by law, after which the town council may make appropriate changes or corrections in the proposed amendment; provided 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 law. An affirmative vote of at least a majority of the members of the town council shall be required to amend this chapter.

(Ord. of 5-8-01)

Proffers shall be submitted in accordance with Code of Virginia, § 15.2-2303.4, as amended.

(Ord. of 5-8-01; Ord. of 1-13-04; Ord. No. O-2007-005, 10-9-07; Ord. No. O-2016-006, § 1, 12-13-16)

Should any section or provisions of this chapter be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole or any part thereof other than the part so held to be unconstitutional or invalid.

(Ord. of 5-8-01)