(a)

(1)

Whenever the public necessity, convenience, general welfare, or good zoning practice so require, the council may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated:

a.

By resolution of the council;

b.

By motion of the planning commission; or

c.

By petition of the owner, contract purchaser with the owner's written consent, or the owner's agent of the property which is subject to the proposed zoning map amendment, addressed to the council or the planning commission, who shall forward such petition to the council, provided that substantially the same petition will not be reconsidered within a period of one year.

(2)

Any resolution or motion by the council or planning commission proposing the rezoning shall state the above public purposes therefor.

(b)

Petitions brought by property owners, contract purchasers or the agents thereof, 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.

(c)

No provision in this division shall be amended or reenacted unless the council has referred the proposed amendment or reenactment to the commission for its recommendation. Failure of the commission to report 30 days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission, or such shorter periods may be prescribed by the council, shall be deemed approval.

(d)

Before approving and adopting any provision of this division or any amendment thereof, the council shall hold at least one public hearing thereon pursuant to public notice as required by section 28-884, after which the council may make appropriate changes or corrections in the division or proposed amendment to this division. 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 section 28-884. Such amendments shall be enacted in the same manner as all other ordinances.

(e)

Every action contesting a decision of the council adopting or failing to adopt a proposed portion of this division or amendment thereto shall be filed within 30 days of such decision with the circuit court of the county. However, nothing in this subsection shall be construed to create any new right to contest the action of the council.

(Code 1967, § 4-131; Ord. of 12-6-2022(18), § 1; Ord. of unknown date(3), § 1(4-131))

(a)

Declaration of legislative policy and findings; purpose. It is the general policy of the town 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 section 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 provisions of this section shall not be used for the purpose of discrimination in housing.

(b)

Conditions as part of a rezoning or amendment to zoning map. An applicant may, as a part of an application for a rezoning, provided 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 division, as a part of a rezoning or amendment to a zoning map, provided that:

(1)

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

(2)

Such conditions shall have a reasonable relation to the rezoning;

(3)

Such conditions shall not include a cash contribution to the town;

(4)

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 Code of Virginia, § 15.1-466(f);

(5)

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

(6)

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

(7)

All such conditions shall be in conformity with the comprehensive plan. 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.

(c)

Enforcement and guarantees. The zoning administrator shall be vested with all necessary authority on behalf of the town 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 such conditions;

(2)

The bringing of legal action to ensure compliance with such 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 such 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 such 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.

(d)

Records. 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 the administrator's office and make available for public inspection a conditional zoning index. The index shall provide ready access to the division creating conditions in addition to the regulations provided for in a particular zoning district or zone.

(e)

Petition for review of decision. Any zoning applicant who is aggrieved by the decision of the zoning administrator pursuant to the provisions of subsection (c) of this section may petition the town council for the review of the decision of the zoning administrator.

(f)

Amendments and variations of conditions. There shall be no amendment or variation of conditions created pursuant to the provisions of subsection (b) of this section until after a public hearing before the governing body advertised pursuant to the provisions of section 28-884.

(Code 1967, § 4-132)

(a)

Plans or ordinances or amendments thereof, recommended or adopted under this division need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a reference to the places within the town where copies of the proposed plans, ordinances or amendments may be examined.

(b)

The commission shall not recommend, nor the governing body adopt, any plan, ordinance or amendment until notice of intention so to do has been published once a week for two successive weeks in some newspaper published or having general circulation in the town provided, that such notice for both the commission and the governing body may be published concurrently. Such notice shall specify the time and place of hearing, at which, persons affected may appear and present their views, not less than six days nor more than 21 days after the second advertisement shall appear in such newspaper. The commission and governing body may hold a joint public hearing after public notice as set forth hereinabove. If such joint hearing is held, the public notice, as set forth above, need be given only by the governing body. The term "two successive weeks," as used in this subsection, means that such notice shall be published at least twice in such newspaper with not less than six days elapsing between the first and second publication.

(c)

When a proposed amendment of the zoning ordinance involves a change in the zoning classification of 25 or less parcels of land, then, in addition to the advertising as subsection (a) of this section required, written notice shall be given by the commission and/or the governing body at least five days before the hearing to the owner, agent or occupant, of each parcel involved, and to the owners, agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. 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 shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed. Costs of any notice required under this division shall be taxed to the applicant.

(d)

When a proposed amendment of the zoning ordinance involves a change in the zoning map classification of more than 25 but less than 500 parcels of land, then, in addition to the advertising as subsection (a) of this section required, written notice shall be given by the commission and/or the governing body at least five days before the hearing to the owner, owners, or their agent of each parcel of land involved. 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 shall be deemed adequate compliance with this requirement, provided that a representative of the commission and/or the governing body shall make affidavit that such mailing 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 commission and/or the governing body to give written notice to the owner, owners or their agent of any parcel involved.

(e)

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.

(f)

After enactment of any such plan, ordinance or amendment, further publication thereof shall not be required.

(Code 1967, § 4-133; Ord. of 1-4-2022(3))