The purpose of the zoning amendment procedures outlined in this section is to allow for future changes to the city's zoning ordinance, both to accommodate broad changes that affect the city as a whole, and to accommodate specific proposals on individual parcels. Zoning amendments may be made to:

a.

The text of the zoning ordinance;

b.

The zoning district boundaries shown on the official zoning map; or

c.

The zoning district classification of one or more properties.

The rezoning procedure is intended to provide ample opportunity for staff, planning commission, and city council review of proposed zoning changes, including efforts to: (1) review the specific characteristics of individual needs or proposed uses, (2) assess the potential impacts of zoning changes on surrounding properties and city neighborhoods.

Whenever the public necessity, convenience, general welfare or good zoning practice requires, the city council may amend, supplement or change the zoning ordinance. Any such amendment may be initiated by:

1.

City council, on its own motion.

2.

Recommendation of the planning commission or city staff to the city council.

3.

Petition of the owner(s), contract purchaser with the owner's written consent, or the owner's agent with the owner's written consent, of the property which is the subject of the proposed amendment.

When initiated upon the application of a property owner, the zoning map amendment process may be considered concurrently with application for a zoning text amendment, special use permit (see section VIII), or site plan (see section IV).

1.

Requirement for pre-application conference and concept plan.

a.

A pre-application conference shall be conducted between the applicant and the zoning administrator prior to formal submission and review process for a zoning amendment. The purpose of the pre-application conference is to identify, understand and anticipate key planning issues, land use activities, and site-related design requirements which may be deemed relevant by the city.

b.

The pre-application conference provides the opportunity for the applicant and the city to assess the specific requirements for a subsequent zoning amendment application and to determine which, if any, of the requirements of this section may be waived or changed by the zoning administrator.

c.

A Pre-application conference does not negate the requirement for the submission of a concept plan or any other required information or documentation specified in this ordinance.

2.

Pre-application conference objectives. The applicant shall contact the zoning administrator to schedule a pre-application conference. The particular objective of the conference is to review the requirements of the zoning amendment application and concept plan as well as to discuss other aspects of the applicant's proposal, considering the following:

a.

Understanding of the applicant's overall land use vision, business plan and approach to operations to ensure a successful land use activity.

b.

Project location, type and mix of uses, lot configuration and setback, conceptual design, density, physical characteristics and phasing of proposed development.

c.

Compatibility of the proposed zoning change with the city's comprehensive plan, the zoning ordinance, the subdivision ordinance, the stormwater management ordinance, all adopted master facilities plans, the capital improvements program, and plans for development of neighboring properties.

d.

Coordination of transportation improvements with other existing and planned streets within the general area of the proposed development and otherwise in keeping with the provisions of the transportation element of the comprehensive plan and other adopted transportation plans.

e.

Reasonable regulations and provisions uniquely applicable to the proposed development as related to topography, soils, geology, public utility and facilities service, drainage and flood control, transportation, traffic impacts, environmental and historic impact, economic development, and facilitation of the creation of a convenient, attractive and harmonious development.

f.

Coordination of proposed development with applicable ordinances, design guidelines and development criteria.

g.

Other matters related to review of a concept plan.

1.

All applications for a zoning amendment must be accompanied by all plans and other supporting information required by this ordinance.

2.

All applications shall be accompanied by the appropriate fee. No application shall be processed until the fee has been paid, which fee is not refundable.

3.

The fee must be paid with each application notwithstanding the fact that a prior application pertaining to the same property may have been denied. The fee shall not be charged for an application filed by the city or any of its departments.

4.

The zoning amendment application shall be accompanied by five (5) printed copies of the concept plan, which shall include the following information:

a.

Name, address and telephone number of owner or developer.

b.

Map scale (to be one inch equal not more than thirty (30) feet or as otherwise approved by the zoning administrator, with a maximum sheet size of twenty-four (24) inches by thirty-six (36) inches, and date of plan preparation.

c.

Name, address and telephone number of preparer of concept plan.

d.

Vicinity map.

e.

Current boundary survey of the lot and a north arrow; preparer of survey.

f.

The area of the lot and gross acreage or square footage of area to be developed.

g.

Public frontage improvements; the location of the proposed and existing right-of-way, proposed edge of pavement or curb line, and other public improvements along the frontage of the property.

h.

Size, location and use of existing and proposed buildings.

i.

Location of the proposed transportation and site improvements (including points of site access, utilities, drainage conveyance, building and site signage, buildings, streets, site lighting, driveways and parking areas) and distances from all property lines.

j.

The dimension, height and use of the proposed building improvements.

k.

Limits of clearing and grading.

l.

Existing zoning district (including conditional zoning and proffer agreements) and, if a rezoning is required, the proposed zoning district (including overlay districts, where applicable).

m.

Existing topography and a preliminary grading plan depicting finished contours, with contour intervals of five (5) feet or less.

n.

Proposed location, alignment, easements, and sizing of proposed utility service for potable water, fire protection and sanitary sewer.

o.

Certification in writing from the city that availability and connection to water and sewer are attainable.

p.

Approximate location of wetlands and impacts of the proposed development thereon, with copies of state and federal permit applications and permit approval related to any proposed disturbance to the wetlands.

q.

Approximate location of one hundred-year floodplain boundaries and impacts of the proposed development thereon, employing FEMA mapping where available and for areas where development may encroach upon areas which may be subject to periodic flooding, engineering calculations and mapping for one hundred-year floodplains which have not been mapped by FEMA.

r.

Approximate location of planned stormwater management (SWM) facilities and best management practices (BMP), with emphasis to be placed on low impact development improvements (LID) adhering to Virginia runoff reduction methods (VRRM).

s.

Approximate location of significant geological formations which could impact the proposed development, including significant rock outcrops.

t.

Phasing plan for the proposed development, if the project is to be developed in more than one phase.

u.

References to and location of survey datum, employing the State Plane Coordinate System (specifically indicate State Plane Zone and a NAD coordinate system) and National Mapping Standards accuracy for urban surveys.

The need for the above requirements may be reviewed at the pre-application conference. The zoning administrator may waive individual requirements to be included on the zoning amendment concept plan if the requirement is determined to be unnecessary to:

a.

Determine compliance with applicable provisions of this ordinance;

b.

Evaluate potential impacts on surrounding properties; or

c.

Establish adequate record of the application.

1.

The applicant or authorized representative must participate in a pre-application conference with the zoning administrator before submitting an application for a zoning amendment. The applicant shall be responsible to schedule pre-application conference, and the meeting date shall be in accord with the published schedule of the zoning administrator.

2.

Following the pre-application conference, the applicant shall submit the zoning amendment application, the concept plan, the checklist, supporting documents, and fee to the office of the zoning administrator.

3.

The zoning administrator shall review the zoning amendment application, concept plan, and supporting documentation for completeness within ten (10) business days, and shall notify the contact person in writing if the application is not complete.

4.

Once the application is determined complete, the zoning administrator shall initiate review by necessary city staff.

5.

Upon satisfactory review by city staff, the zoning administrator shall schedule the item for the next planning commission agenda.

6.

The zoning administrator, with input from the plan review committee shall:

a.

Prepare the staff report;

b.

Schedule the public hearing by the planning commission;

c.

Provide the required public notifications; and

d.

Forward the application and staff report to the planning commission.

7.

The planning commission shall review the application and provide its recommendation to city council for either approval as submitted, approval with conditions, or denial, as provided by Code of Virginia § 15.2-2259.

8.

Following the planning commission recommendation, the city staff shall:

a.

Schedule the public hearing on the application with the city council;

b.

Provide the required public notification; and

c.

Forward the application, staff report, and planning commission recommendation to the city council.

9.

The city council reviews and decides on the application following a public hearing.

10.

The city council accepts any proffered conditions to a rezoning application, as described by section XXIV, Proffers.

1.

A "Public Notice" sign or signs indicating the zoning case number and other information required by the zoning administrator shall be posted in a prominent place on the property subject to the application and such sign shall be visible from a public street. The sign or signs, as provided by the zoning administrator, shall be erected by the applicant and shall be located within ten (10) feet of a boundary which abuts a public street.

2.

The sign or signs shall be posted at least fourteen (14) business days prior to the scheduled planning commission public hearing and shall remain on the property until action on the application has been taken on the application by the city council.

3.

The applicant shall be responsible for ensuring that the sign is maintained during this period. It shall be unlawful for any person, except the applicant or the zoning administrator to remove or tamper with any sign during the period it is required to be maintained.

1.

No consideration of a new request for amendment or change initiated by a property owner's petition as provided for in this section, including any change to the boundaries or designations on the official zoning map, which is deemed substantially the same request as an earlier denied application, shall be considered within three hundred sixty-five (365) calendar days of the date of the earlier filing acted upon by the city council.

2.

The provision of paragraph H.1. herein shall not impair the right of either the planning commission or the city council to propose any amendment to this ordinance on their own motion at any time.

1.

Applications for a change in zoning may be withdrawn from consideration by the applicant at any time prior to any vote by the planning commission or city council, provided that no new application concerning any or all of the same property shall be filed within twelve (12) months of the date of action by the planning commission or city council unless the body approving the withdrawal specifies that the time limitation shall not apply and, thereby, permits the application to be withdrawn "without prejudice."

2.

The applicant shall not be entitled to any refund of fees upon withdrawal of an application.

There shall be no amendment, change or variation of any condition created pursuant to the provisions of this section until after a public hearing before city council advertised pursuant to the provisions of the Code of Virginia.