(a)

Generally. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the council may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated by resolution of the council, or 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 therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the council or the planning commission, which shall forward such petition to the council. Such petition shall be in writing, and when any such petition by a property owner is for the reclassification or rezoning of any property, there shall be attached to such petition the names and addresses, if known, of the owner or owners of the lots or property included in the proposed change, and of the property adjacent thereto.

(b)

Withdrawal of petition. A petition for an amendment may be withdrawn at any time but, if the planning commission has commenced its hearings on the petition, a petition covering any of the same described land will not be reconsidered within 12 months of withdrawal. This provision shall not be held to impair the right of either the planning commission or the council to propose any amendment to this chapter on its motion at any time.

(c)

Filing fee. Upon filing a petition, a filing fee shall be paid in accordance with the fee schedule adopted and amended by the town council

(d)

Conditional zoning.

(1)

Any owner of real property who is an applicant for a zoning map amendment (rezoning) may, as a part of his application, proffer reasonable conditions concerning the use and development of his property, including also offsite improvements that may serve or benefit his property and the public welfare.

a.

Such proffered conditions shall be set forth with clarity and specificity in a "proffer statement," which shall follow the following format:

"Proffer Statement

Applicant's name:

Date:

Rezoning file number: (to be added by the zoning administrator if unknown to the applicant)

I hereby proffer that the use and development of this property shall be in strict accordance with the following conditions:

1.  _____

2.  _____

3.  _____

etc.

b.

Any revision to the proffer statement shall be submitted in the same format, with a new date, and shall include at the end of the statement the following: "The conditions set forth in this proffer statement supersede all conditions set forth in previous proffer statements submitted as part of this application."

c.

The applicant may also proffer to use and develop his property in accordance with the schematic land use plan, or other plans, profiles, elevations, demonstrative materials and written statements submitted as a part of his general development plan. In such a case, the proffer statement shall make reference to such materials, and each copy of such materials shall contain the following statement: "I hereby proffer that the use and development of this property shall be in strict accordance with the conditions set forth and/or depicted hereon."

(2)

Proffered conditions adopted by the council shall be in addition to the regulations provided for the zoning district by the text of this chapter, and shall not provide for altering the standards required by the text except when specifically authorized in the text.

(3)

The zoning map, and other appropriate files maintained by the administrator, shall reference the existence of adopted proffered conditions attached to various properties. Any site plan, subdivision plan, development plat or permit application thereafter submitted for development of property to which proffered conditions have attached shall conform with all such conditions, and shall not be approved by any town official in the absence of such conformity. For the purpose of this section, the term "conformity" shall mean such conformity which leaves a reasonable margin of adjustment due to final engineering data, but which conforms with the general nature and intent of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(Code 1990, § 15-386; Ord. of 1-18-1979, § 15-1; Ord. of 11-1-1988, § 1; Ord. of 5-14-1996(6))

State Law reference— "Conditional zoning" defined, Code of Virginia, § 15.2-2201; conditional zoning, Code of Virginia, § 15.2-2296 et seq.