Hillsville City Zoning Code
ARTICLE XX
Procedure for Amendment
§ 171-112 Authority to amend.
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regulations, restrictions and district boundaries established by this chapter may be amended, supplemented, changed or repealed by ordinance adopted by the Town Council.
§ 171-113 Initiation of amendments.
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.[1] Such resolution shall state the public purpose for the amendment.
[1]
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Town Manager.
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.[2] Such motion shall be forwarded to the Town Council, which shall cause an ordinance to be prepared for its consideration.
[2]
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Town Manager.
C.
Petition of a property owner. A petition to change the zoning classification of property by amendment to the Official Zoning Map[3] 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.
[3]
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Town Manager.
§ 171-114 Application.
A.
A petition to change the zoning classification of property shall be in the form of an application for rezoning addressed to the Town Council and filed with the Zoning Administrator. The application shall be accompanied by the required fee and a certified plat and legal description. The application shall include indication of the current and proposed zoning classification of the property and a statement of the applicant's reasons for requesting rezoning.
B.
The Zoning Administrator shall review the application for compliance with the submission requirements of this section. When the Zoning Administrator is satisfied that such requirements are met, he or she shall forward the application to the Town Council, with a copy to the Planning Commission. The Town Council shall cause an ordinance to be prepared for its consideration of the rezoning application.
§ 171-115 Review and recommendation by Planning Commission.
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.
§ 171-116 Action by Commission.
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.
§ 171-117 Action by Town Council.
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.
§ 171-118 Effect of denial of application.
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.