This article includes procedures and other requirements for applications: (a) for amending this chapter, including the official zoning district map; (b) for amending this chapter with proffered conditions; and (c) for applying for special exception permits.

(Ord. of 12-11-00)

Unless modified by another provision of this article, the general procedures set forth in this section shall apply to all applications covered by this article.

(1)

Submission of application. An application shall be submitted in writing on prepared forms provided by the zoning administrator. The application must be accompanied by the documents specified under "documents to be submitted with application" in this article.

(2)

Documents to be submitted with application.

a.

Application for zoning district map amendment:

1.

A legal description of the property affected by the application.

2.

A plat showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable the property to be located on tax maps.

3.

The names and addresses as far as practicable of the property owners abutting the property and/or across the street from it.

4.

A statement of all conditions proffered in connection with conditional zoning applications.

b.

Application for amendment to the zoning text:

1.

Proposed wording or re-wording of the text to be amended with references to the article, section and subsection that is proposed to be amended.

2.

Narrative description of the purpose or purposes to be served by the proposed amendment and an analysis of how it would change the regulations of this chapter.

c.

Special exception permit:

1.

A legal description of the property affected by the application.

2.

A plat showing the property drawn at a scale with sufficient references to existing streets and subdivisions to enable the property to be located on tax maps.

3.

The names and addresses as far as practicable of the property owners abutting the property and/or across the street from it.

4.

A site plan showing the proposed development of the property in accordance with article X.

(3)

Processing of application. After receiving an application for and amendment to the zoning map or text or for a special exception permit, the zoning administrator shall first determine if all of the submission requirements of this section have been met. Should additional information be required before the application can be evaluated, the zoning administrator shall advise the applicant of any additional material to be submitted within 15 days after receipt of the application. Upon receipt of all submission requirements, the zoning administrator shall take the following actions:

a.

Notify the applicant that the application has been received and is being processed for public hearings and action before the planning commission and the town council.

b.

Provide other departments, agencies or committees with copies of appropriate documents when such departments, agencies or committees are required by other provisions of this article to review rezoning applications or plans submitted therewith.

c.

Arrange for notice of public hearings as required by the Code of Virginia to be held before the planning commission and/or town council on each proposal and perform other administrative duties relative to the application.

d.

Prepare an analysis of the proposal and submit a written report to the planning commission and town council giving the staff's findings and observations concerning the proposal prior to the public hearings.

(4)

Public hearings and advertisements.

a.

The planning commission shall not recommend nor the town council approve any application for a change of zoning or a special exception permit until an opportunity has been provided at one or more public hearings for citizens to appear and present their views concerning the application.

b.

Prior to holding any public hearing, notice of intention to do so ("notice") shall be given pursuant to Code of Virginia, § 15.2-2204, as amended. In addition to the notice required by the Code of Virginia, it is the policy of the town that at the same time notice appears in the newspaper that the zoning administrator shall place on the property affected by the application a sign having dimensions of not less than 18 inches by 24 inches stating the following:

"NOTICE THIS PROPERTY IS REQUESTED TO BE REZONED* FROM _______ TO _______ FOR INFORMATION CONTACT THE BUILDING OFFICIAL'S OFFICE TELEPHONE *** ****"

* In the case of a special exception, use "A SPECIAL EXCEPTION IS REQUESTED TO PERMIT THE USE OF THIS PROPERTY FOR _______."

Such sign(s) shall be placed on each property proposed for rezoning or special exception, be clearly visible from each street on which the property abuts and shall remain on the site until after the public hearing for which the notice was given.

c.

The town council and the planning commission may hold a joint public hearing after notice on any proposed amendment or special exception permit.

(5)

Action by planning commission.

a.

This chapter shall not be amended nor any special exception permit approved unless the town council has referred the proposal to the planning commission for its recommendation. For the convenience of the applicant and the purposes of this section, once a property owner's petition has been filed with the zoning administrator, and the administrator shall certify that all of the submission requirements for an amendment have been met, including the payment of fees, the application shall be considered to have been referred to the planning commission by the town council without the formality of a meeting.

b.

Prior to making its recommendation, the planning commission shall hold at least one public hearing after notice has been given as required in this article. Following the planning commission's hearing, the commission shall submit its recommendations to the town council. In recommending the adoption of an amendment to this chapter or the approval of a special exception permit, the planning commission shall state its reasons for its recommendations, describing any recommended changes in conditions, if any. In addition, the commission should indicate whether the proposed amendment or special exception permit is in conformity with the comprehensive plan.

c.

The recommendations of the planning commission shall be made to the town council not more than 90 days after the first meeting of the commission after the proposed amendment has been referred to the commission. Unless such proposed amendment or special exception permit has been withdrawn by the applicant, failure of the commission to report its recommendations prior to the expiration of the 90-day time period shall be considered to be a recommendation for approval.

(6)

Action by the town council. The town council shall give notice and hold public hearing(s) on the application as required in this article, after which it may make appropriate changes or corrections in the proposed amendment or special exception permit. However, no additional land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing and notice as required in this article. An affirmative vote of at least a majority of the members of the town council shall be required to amend this chapter.

Ordinances to amend the provisions of this chapter shall be enacted in the same manner as all other ordinances.

(7)

Reconsideration of application. In the event an application for an amendment to this chapter or for a special exception permit is denied by the town council, substantially the same petition will not be reconsidered within a period of one year from the date of the original denial.

(8)

Fees. Fees for the filing of petitions to change the zoning classification of property shall accompany such petitions and shall be in such amounts as established by ordinance of the town council.

(Ord. of 12-11-00; Ord. No. O-06-23, 7-10-2023)

(a)

Basis of amendments. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, and subject to the requirements of Code of Virginia, § 15.2-2285, as amended, the town council may by ordinance amend, supplement or repeal the provisions of this chapter, including the official zoning district map.

(b)

Initiation of amendments. Amendments to this chapter may be initiated by the following methods:

(1)

Resolution of the town council. The town council may, by its own resolution, initiate an amendment to any of the provisions of this chapter, including the official 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 official zoning district map. Such motion shall state the public purpose for the amendment, and shall be forwarded to the town council.

(3)

Petition of property owner. A petition to change the zoning classification of property by amendment to the official zoning district map may be filed by the owner of the property or, with the written consent of the owner, the contract purchaser of the property or any agent of the owner. Such petition, addressed to the town council, shall be filed with the zoning administrator on forms provided by the zoning administrator.

(c)

Procedures. An application to amend this chapter, including the official zoning district map, shall be submitted and processed in accordance with "submission of application" requirements set forth under general procedures in this article.

(Ord. of 12-11-00)

The town council of the Town of South Hill, Virginia, hereby adopts the powers and authority conferred upon it by the General Assembly by Code of Virginia, §§ 15.2-2296 et seq., as amended.

(1)

Definition of conditional zoning. "Conditional zoning" means, as part of classifying land within the town into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of, the regulations provided for in the particular zoning district or zone or by the overall zoning ordinance.

(2)

Purpose. It is the general policy of the town, in accordance with the provisions of Code of Virginia, § 15.2-2283, 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 at the same time to recognize effects of change. It is the purpose of this article to provide a more flexible and adaptable zoning method to cope with the 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 article shall not be used for the purpose of discrimination in housing.

(3)

Proffer in writing. As a part of a petition for rezoning or amendment of the official zoning district map, the owner or owners of the property that is the subject of the petition may voluntarily proffer in writing, prior to the public hearing before the planning commission and/or town council, reasonable conditions in addition to the regulations provided for the zoning district or zone by other provisions of this chapter. Written proffers shall be submitted with the rezoning application and included with the advertisements for public hearing(s). Amendments may be made to the proffers during or following the planning commission's public hearing provided they are submitted prior to advertising the public hearing before the town council. The following limitations apply to proffered conditions:

a.

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

b.

The conditions shall have a reasonable relation to the rezoning;

c.

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

d.

The 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 subparagraph A(5) of Code of Virginia, § 15.2-2241;

e.

The conditions shall not include payment for or construction of off-site improvements except those provided for in Code of Virginia, § 15.2-2241;

f.

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

g.

All such conditions shall be in conformity with the town's comprehensive plan adopted pursuant to Code of Virginia, § 15.2-2223 et seq.

Proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations and/or other demonstrative materials submitted as part of an application.

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect regardless of changes in ownership or operation 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.

(4)

Official zoning district map: conditional zoning index. The official zoning district map of the town shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning depicted on the map. The zoning administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district.

(5)

Conformity of development plans. Any site plan, subdivision plat or development plan submitted for the development of the property in the town to which proffered conditions are applicable shall conform with all such proffered conditions, and no development shall be approved by any town official or otherwise permitted in the absence of such conformity.

(6)

Amendment of conditions. There shall be no amendment or variation of any conditions created pursuant to this article until after a public hearing before the planning commission and town council with due notice pursuant to the provisions of Code of Virginia, § 15.2-2204.

(Ord. of 12-11-00)

(a)

Purpose of special exception procedure. The purpose of the special exception procedure is to provide a means by which to authorize, after review and subject to appropriate conditions, certain specified uses which, although generally appropriate in the district in which they are specified, have a potentially greater impact on neighboring properties than those uses which are permitted by right in the district. The special exception procedure is intended to provide the opportunity for planning commission and town council review of each proposed use and its potential impacts on surrounding properties and land uses, given the particular circumstances of each case, and for the planning commission to recommend and the town council to attach such conditions as are necessary to ensure that the use will be compatible with the surrounding area and consistent with the intent and purpose of this chapter.

(b)

Special exception permit. A use or structure permitted as a special exception by the district regulations set forth in this chapter shall be authorized only upon approval of a special exception permit by the town council, and no building permit or certificate of occupancy for a special exception or a structure devoted to a special exception shall be issued unless and until a special exception permit for such has been approved in accordance with the provisions of this article and/or applicable provisions for special exceptions set out in article IV.

(c)

Applications. Applications for special exception permits shall be submitted and processed in accordance with "submission of application" requirements set forth under general procedures in this article.

(d)

Site plans to accompany applications. Special exception permit applications shall be accompanied by copies of a preliminary site plan as required by and prepared pursuant to requirements of article X.

(e)

Amendments to special exception permits. Any amendment or change of substance in an approved permit shall be subject to the same procedures as are applicable to a new special exception permit application, provided that minor modifications to an approved site plan or building detail may be authorized by the zoning administrator when such modifications do not: significantly alter the boundaries of the property; conflict with specific requirements of this chapter or specific conditions of the approved special exception permit; decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal arrangement of site plan elements; or have an appreciable effect on surrounding properties.

(f)

Compliance with approved plans. Failure to comply with approved plans or conditions of a special exception permit shall constitute a violation of the provisions of this chapter and shall be cause for revocation of the special exception permit by the zoning administrator.

(g)

Automatic termination. The special exception for any use of structure authorized under the provisions of this section shall lapse and be of no effect if the structure is not constructed or use initiated within 18 months of the date of issuance of the permit.

If a business use authorized hereunder ceases to continue, whether voluntarily or involuntarily, for a period of 90 days or more, the special exception permit shall lapse and be of no effect.

Nothing contained herein shall prevent a new application from being filed for a special exception permit where a previous permit is terminated under the provisions hereof.

(Ord. of 12-11-00; Ord. of 8-14-06)

In cases where zoning applications, which are related to the same project, request amendments to the zoning map, amendments to the zoning text, application for a special exception permit or other approvals required to be made by the town council, it is the intent of the town to permit such applications to be submitted and processed simultaneously as if they were a single application. Notwithstanding that applications related to the same project may be processed jointly, in matters of advertising, conduct of public hearings, and voting by the planning commission and the town council, each application shall be considered separately.

(Ord. of 12-11-00)