With the exception of floating zone amendments this chapter may be amended by utilizing the procedures specified in Sections 22-224 through 22-228 inclusive.

Editor's note— The source materials for this publication set out provisions intended for use as § 22-223. Inasmuch as there were already provisions so designated, said section has been codified herein as § 22-223.1 at the discretion of the editor.

Whenever the public necessity, convenience, general welfare or good zoning practices require, the Town Council may be resolution after receipt of recommendation thereon from the Planning Commission, and subject to procedures provided by law, amend, supplement, change or repeal the regulations, restrictions, and boundaries or classification of property.

Amendments to this chapter or the Official Zoning Maps may be initiated (i) by resolution of the Tappahannock Town Council, or (ii) by motion of the Planning Commission or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent thereof, of the property which is subject of the proposed zoning map amendment to the Town Council.

a.

Applications for amendments to the Zoning Ordinance or Official Zoning Map adopted as part of this chapter shall contain at least the following information:

1.

Name, address, and phone number of the applicant;

2.

Proposed amending resolution;

3.

Present use;

4.

Present zoning district;

5.

Proposed use;

6.

Proposed zoning district;

7.

A vicinity map, at a scale approved by the Zoning Administrator, showing property lines, thoroughfares, existing and proposed zoning, and any such other items as the Zoning Administrator may require;

8.

A list of all property owners and their mailing addresses who are within, contiguous to, or directly across the street from the parcel(s) to be rezoned and others who may have a substantial interest in the case, except that addresses need not be included where more than ten parcels are to be rezoned;

9.

A fee as established by the Town Council.

b.

Applications for amendments proposing to amend, supplement, change or repeal portions of this chapter other than the Official Zoning Map shall include items 1, 2 and 9.

a.

Immediately after the adoption of a resolution by the Town Council or the filing of an application, said resolution or application shall be transmitted to the Planning Commission.

b.

After receipt of a resolution or application, or after adoption of its own motion, public hearing as required by Code of Virginia, § 15.1-431, as amended. A public hearing shall be held by the Planning Commission and Town Council jointly.

c.

Within 90 days after the Planning Commission public hearing required herein, the Planning Commission shall recommend to the Town Council that the proposed zoning amendment or change be approved as presented, approved with modifications, or disapproved. The Commission shall then transmit all papers constituting the record and recommendations to the Town Council.

After receipt of the recommendation from the Planning Commission the Town Council shall approve as presented, approve with modifications, or disapprove the proposed zoning amendment or change, provided however, that no land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice as required by Code of Virginia, § 15.1-431, as amended. An affirmative vote of at least a majority of the members of the Town Council shall be required to amend this chapter. Upon approval of an amendment to the text of this chapter, such amendment shall be attached to the chapter, signed by the Mayor, and attested by the town clerk. Amendment to the Official Zoning Map shall be made in accordance with the provisions of Section 22-114.

a.

Floating Zone classifications shall be reviewed under the provisions relating to Planned Developments.

b.

In order to grant a floating zone classification the Planning Commission and Town Council shall determine that such floating classification will be compatible with the neighborhood and is consistent with the comprehensive plan.

c.

Procedures to maintain a floating rezoning once granted.

1.

Within one year of the granting of a rezoning, application for zoning permits must be filed with requisite fees paid; otherwise, such zoning shall revert automatically to its prior district classification without notice and public hearing.

2.

Within one year of the issuance of a zoning permit, construction shall be commenced on the land so zoned; otherwise, such zoning shall revert automatically to its prior district classification without notice and public hearing.

3.

Within three years of the granting of a rezoning, 75 percent of the public improvements devoted to such use or uses as may be permitted in the zoning district shall be completed; otherwise, the zoning shall revert automatically to its prior district classification. The property owners have the ability to petition the Town Council for an extension.