Whenever public necessity, convenience, general welfare or good zoning practice require, and subject to the procedures and requirements set forth in Code of Virginia, §§ 15.2-2204, 15.2-2296—15.2-2303 and 15.2-2285 and other applicable provisions, as amended, the regulations, restrictions and district boundaries established by this chapter may be amended, supplemented, changed or repealed by ordinance adopted by the city council and enacted in the same manner as all other ordinances.

(Ord. No. 1553, 5-14-07)

Amendments to this chapter may be initiated by any of the following methods.

(1)

Resolution of the city council. The city council may, by its own resolution, initiate an ordinance to amend any of the provisions of this chapter, including the zoning district map. Such resolution shall state the public purpose for the amendment.

(2)

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 zoning district map. Such motion shall state the public purpose for the amendment. The motion shall be forwarded to the city council which shall cause an ordinance to be prepared for its consideration.

(3)

Petition on behalf of a property owner. A petition to change the zoning classification of property by amendment to the zoning district map may be filed by the owner of such property or, with the written consent of the owner, the contract purchaser of the property or any agent of the owner.

(Ord. No. 1553, 5-14-07)

(1)

Filing of petition. A petition to change the zoning classification of property shall be addressed to the city council and shall be filed with the city clerk in accordance with written procedures and in a standard format prescribed by the city council.

(2)

Materials to accompany petition. Every petition to change the zoning classification of property shall be accompanied by the following materials:

(a)

Required fee;

(b)

Certified plat of the property;

(c)

Statement of nature and extent of proposed change and reasons for change;

(d)

Preliminary site plan, as outlined in section 120.1-262 of this chapter.

(3)

Processing of petition. The city clerk shall forward the petition and accompanying materials to the city council, which shall cause an ordinance to be prepared for its consideration. The city clerk shall also forward a copy of the petition and related materials to the zoning administrator.

(Ord. No. 1553, 5-14-07)

In the case of a resolution of the city council, motion of the planning commission or petition on behalf of a property owner to change the zoning classification of 25 or less contiguous parcels of land, the zoning administrator shall, within two working days of the adoption of such resolution or motion of the filing of such petition, post at least one sign on the property involved. Such sign shall be placed so as to be visible and readable from the principal street abutting the property and shall indicate that a zoning change is pending, along with a statement that the city clerk may be contacted for further information. If such sign has been properly posed as required herein and is subsequently obliterated, removed or destroyed without the knowledge of the zoning administrator, such fact shall not affect the jurisdiction of the planning commission or the city council to hear and decide the case.

(Ord. No. 1553, 5-14-07)

(1)

Referral to commission. No ordinance to amend the provisions of this chapter shall be acted upon by the city council unless the amendment has been referred to the planning commission for its review and recommendation.

(2)

Report from zoning administrator. The zoning administrator shall submit a copy of the related petition and accompanying materials, along with a written report describing the intent and general effect of the amendment, to the planning commission prior to its scheduled public hearing.

(3)

Public notice and hearing. Before taking action on any amendment referred to it by the city council, the planning commission shall give public notice as required by Code of Virginia, § 15.2-2204, as amended, and shall hold a public hearing thereon.

(4)

Action by the commission. The commission may recommend that the city council adopt or reject the proposed amendment or may recommend changes in the proposed amendment. Failure of the commission to consider the amendment and report to the city council within 90 days after the first regular meeting of the commission after the amendment was referred to it shall be deemed to be a recommendation of approval, unless the city council continues its consideration of the amendment for a longer period of time or the amendment has been withdrawn by the applicant prior to the expiration of such time period.

(Ord. No. 1553, 5-14-07)

(1)

Public notice and hearing. Before taking action on any ordinance to amend the provisions of this chapter, the city council shall give public notice as required by Code of Virginia, § 15.2-2204, as amended, and shall hold a public hearing thereon. In the case of a proposed amendment to the zoning district map, the public notice shall state the general usage and density range permitted by the proposed amendment and the general usage and density range, if any, set forth in the comprehensive plan of the corresponding area.

(2)

Final action. After receiving a report from the planning commission and after giving public notice and holding a public hearing, the city council may adopt or reject the proposed amendment, or may make appropriate changes or corrections to the amendment, provided that 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 Code of Virginia, § 15.2-2204, as amended.

(3)

Continuance or withdrawal. Final action on any proposed amendment may be continued by the city council for good cause, provided that all resolutions, motions or petitions for amendments to the provisions of this chapter shall be acted upon and a decision made by the council within one year of the date of such resolution, motion or petition. This provision shall not apply if the petitioner requests or consents in writing to action beyond such period or if the resolution, motion or petition initiating the amendment is withdrawn by providing written notice to the city clerk. In the case of withdrawal, no further action on the amendment shall be necessary.

(Ord. No. 1553, 5-14-07)

The city council and the planning commission may hold a joint public hearing on any proposed amendment, subject to the public hearing on any proposed amendment, subject to the public notice requirements of Code of Virginia, § 15.2-2204, as amended.

(Ord. No. 1553, 5-14-07)

Upon rejection by the city council of any proposed amendment to the zoning district map by petition of a property owner, contract purchaser or agent of a property owner, substantially the same petition shall not be considered again by the council within one year of the date of such rejection.

(Ord. No. 1553, 5-14-07)

A filing fee in such amount as established by general rule by the city council shall be submitted with each petition to change the property.

(Ord. No. 1553, 5-14-07)

Pursuant to the provisions of Code of Virginia, §§ 15.2-2286—15.2-2303, 15.2-2296—15.2-2302, as amended, the purpose of conditional zoning as set forth in this division is to recognize that frequently, where competing and incompatible uses may conflict, traditional zoning methods and procedures are inadequate; and that in such cases more flexible and adaptable zoning methods are needed to permit differing land uses, and at the same time to recognize the effects of change. It is, therefore, the intent of the provisions of this division to provide a more flexible and adaptable zoning method to cope with such situations, whereby a change in the zoning classification of property may be allowed subject to certain conditions proffered by the petitioner for the protection of the community that are not generally applicable to land similarly zoned. It is the intent of the city council that the provisions of this division shall not be used for the purpose of discrimination in housing.

(Ord. No. 1553, 5-14-07)

(1)

Conditions may be proffered. In conjunction with a petition to change the zoning classification of property and as a part of a proposed amendment to the zoning district map, the owner of such property may voluntarily proffer in writing reasonable conditions in addition to the regulations provided for the zoning district by this chapter, provided that such conditions meet the criteria set forth in section 120.1-320 of this division.

(2)

Submission of conditions. The owner may submit such conditions at the time of submission of the petition to change the zoning classification of the property, or at such later time as may be allowed by policy of the city council, but in any event before the planning commission makes its recommendation on the petition to the city council.

(3)

Modifications to conditions. In the event that additions, deletions or modifications to such conditions are desired by the owner, they shall be made in writing to the planning commission and to the city clerk before the commission makes its recommendation to the city council. The city council may consider additional conditions, deletions or modifications to conditions after the planning commission makes its recommendation, provided that such are voluntarily proffered in writing prior to advertising the public hearing at which the city council is to consider the petition.

(Ord. No. 1553, 5-14-07)

The planning commission may recommend and the city council may approve reasonable conditions voluntarily proffered by the owner of the property when such conditions meet the following criteria.

(1)

The rezoning itself must give rise to the need for the conditions.

(2)

All conditions shall have a reasonable relation to the zoning change.

(3)

No condition shall include a cash contribution to the city except for reimbursement for the cost of public improvements otherwise permitted to be required by the city by applicable provisions of Code of Virginia, tit. 15.2, as amended.

(4)

No condition shall require mandatory dedication of real or personal property for open space, parks, schools, fire department or other public facilities not otherwise provided for in the subdivision regulations of the city pursuant to Code of Virginia, § 15.2-2247, as amended.

(5)

No condition shall include payment for our construction of off -site improvements, except sewerage, water and drainage otherwise provided for by law pursuant to Code of Virginia, § 15.2-2247, as amended.

(6)

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

(7)

All conditions shall be in conformity with the comprehensive plan of the city.

(Ord. No. 1553, 5-14-07)

The zoning district map shall show by appropriate symbol the existence of conditions attached to any change in the zoning classification of property. The zoning administrator shall maintain in his or her office and make available for public inspection during normal business hours a conditional zoning index, which shall provide ready access to the ordinance creating the conditions in each conditional zoning case, shall list all applicable conditions in each case and shall make reference to the regulations provided for in the district in which the property is located.

(Ord. No. 1553, 5-14-07)

The zoning administrator is hereby vested with all necessary authority on behalf of the city council to administer and enforce conditions attached to any amendment to the zoning district map, including:

(1)

Ordering, in writing, compliance with such conditions or the remedy of any noncompliance;

(2)

Initiation of legal action to ensure compliance;

(3)

Requiring a guarantee or contract or both satisfactory to the city council for the construction of any physical improvements required by the conditions;

(4)

Denial of zoning permits and disapproval of building permits and certificates of use and occupancy as may be appropriate in any case where conditions or other applicable provisions of this chapter are not met.

(Ord. No. 1553, 5-14-07)

Any person who is aggrieved by any decision of the zoning administrator pursuant to the provisions in section 120.1-322 may petition the city council for review of such decision by filing a petition with the zoning administrator and with the city clerk within 30 days of the decision. Such petition shall specify the grounds upon which the petitioner is aggrieved, and shall be heard by the city council at its first regular meeting after 15 days from the date of filing. In deciding any such case, the city council shall have the same authority as vested in the zoning administrator, but shall not modify or delete any condition attached to a zoning district map amendment except by formal amendment pursuant to the applicable provisions of this article.

(Ord. No. 1553, 5-14-07)

All amendments and variations of conditions attached to a zoning district map amendment shall be made in the same manner as an original zoning district map amendment and in accordance with the provisions of this article and all applicable provisions of Code of Virginia, tit. 15.2, as amended.

(Ord. No. 1553, 5-14-07)