In the process of considering the rezoning of land it is the intent that in order to meet the test of reasonableness and the test of like land treated alike, the following factors shall be considered before zoning of a particular category:

(1)

Character of the area.

(2)

Land use and activities.

(3)

Suitability for proposed use.

(4)

Availability of public facilities.

(5)

Compliance with the town comprehensive plan.

(Code 1989, § 24-106; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997)

(a)

Supplemental considerations and regulations. Rapid development and employment of residential and commercial facilities in the town and the resulting impact on existing public facilities, highways and other necessary public facilities and services and natural resources could exceed the ability of the town to provide for such facilities. Therefore, under authority of article XV of this chapter and Code of Virginia, § 15.2-2286, as amended, the town council may impose conditions, including reasonable use limitations, to ease the effect of rezoning land on the general public and on the natural resources of the town.

(b)

Conditions. In addition to the regulations provided for the respective zoning districts, the town council may adopt as a part of an amendment to the zoning map reasonable conditions, provided that said conditions shall have been proffered in writing in advance to the public hearing on said amendment to the zoning map by the applicant for rezoning and provided that said conditions are accepted by the town council as a condition to said amendment of the zoning map. Such accepted conditions shall be recorded in the records of the circuit court and run with the land until changed as a result of another rezoning approval or amended with the approval of the landowners and town council.

(Code 1989, § 24-107; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 2-9-1998)

(a)

Upon the receipt by the zoning administrator of a rezoning petition, it shall be reviewed by the zoning administrator in accordance with the guidelines found in this article. The zoning administrator shall prepare a report for presentation to the planning commission.

(b)

The planning commission, within 30 days of receiving the zoning administrator's report, shall consider the zoning administrator's recommendations and discuss same with the applicant. The applicant shall be advised of the possibility of proffered conditions in a rezoning decision, which conditions are not meant to change the character of a fundamentally unsound rezoning, but are meant to be responsive to town growth pressures not specifically foreseen in the existing district regulations.

(c)

The planning commission shall forward the report of the zoning administrator, along with a report summarizing the content of the planning commission public hearing, to the town council.

(d)

After the town council has received the reports from the zoning administrator and the planning commission, the applicant for the rezoning under consideration may proffer a set of conditions for consideration along with the rezoning. Such a proffer shall be addressed to the mayor of the town.

(e)

The town council shall hold a public hearing on the requested rezoning in accordance with Code of Virginia, § 15.2-2204, as amended. The rezoning request and the proffered condition shall be considered at this time.

(f)

In the event that a request for rezoning is approved and the proffered conditions accepted, these same conditions shall be recorded in the clerk of circuit court office as a lien on such property involved in the rezoning petition and shall run with the land until removed by the town council as a result of an amendment to the original application or as a result of a subsequent rezoning petition.

(Code 1989, § 24-108; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Amd. of 2-9-1998)