Whenever the public necessity, convenience, general welfare, or good zoning practice require, and subject to the requirements set forth in Code of Virginia, §§ 15.2-2285 and 15.2-2286, the town council may by ordinance amend, supplement, change or repeal the regulations, district boundaries, or classifications of property established by this appendix.

Amendments to the provisions of this appendix may be initiated by any of the following methods:

(a)

Resolution of the town council. The town council may, by its own resolution, initiate an ordinance to amend any of the provisions of this appendix, including the official zoning map. Every such resolution shall state the public purpose for the amendment.

(b)

Motion of the planning commission. The planning commission may, by adoption of a motion, initiate an amendment to any of the provisions of this appendix, including the official zoning map. Every such motion shall state the public purpose for the amendment. The motion shall be forwarded to the town council, which shall cause an ordinance to be prepared for its consideration.

(c)

Petition of a property owner. A petition to change the zoning classification of property by amendment to the official zoning 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 an agent of the owner.

(a)

A petition on behalf of a property owner to change the zoning classification of property shall be in the form of an application for rezoning addressed to the town council and filed with the zoning administrator. The application shall be accompanied by the required fee and a certified plat of the property proposed to be rezoned. The application shall include indication of the current and proposed zoning classification of the property and a statement of the applicant's reasons for requesting rezoning.

(b)

The zoning administrator shall review the application for compliance with the requirements of this section. When the zoning administrator is satisfied that submission requirements are met, the application shall be forwarded to the town council, with a copy to the planning commission. The town council shall cause an ordinance to be prepared for its consideration of the rezoning application.

The town council shall act upon no amendment to this ordinance unless it has been referred by the council to the planning commission for its review and recommendation in accordance with this section.

(a)

Public notice and hearing. Before taking action on any amendment, the planning commission shall give public notice and hold at least one public hearing on the proposed amendment as required by Code of Virginia, § 15.2-2204. A joint public hearing may be held with the town council.

(b)

Report of zoning administrator. The zoning administrator shall submit a written report and recommendation to the commission prior to its action.

(c)

Recommendation of commission. The commission may recommend that the town council adopt or reject the amendment or may recommend changes in the amendment. In making its recommendation, the commission shall consider the matters listed in section 1-4 of this appendix.

Failure of the commission to consider the amendment and report to the council within 90 days after the first regular meeting of the commission after the amendment was referred to it by the council shall be considered a recommendation of approval.

(d)

Form of action by commission. All actions by the commission shall be in the form of a motion, giving the reasons for the action and the vote of each member. All actions shall be recorded in the commission's records. Each recommendation to the council shall include a statement of the relationship of the proposed rezoning to the comprehensive plan of the town. In any case, where the commission is unable to adopt a motion to recommend approval or disapproval, it shall forward a written report to the council stating such fact and summarizing its deliberations on the matter.

Final action shall be taken by town council on all proposed amendments in accordance with the following provisions:

(a)

Public notice and hearing. Before taking action on any ordinance to amend the provisions of this appendix, the town council shall give public notice as required by Code of Virginia, § 15.2-2204, and shall hold at least one public hearing on the proposed amendment. A joint public hearing may be held with the planning commission. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan for the property involved.

(b)

Final action. After receiving a report from the planning commission and after giving public notice and holding a public hearing, the town council may adopt or reject the proposed amendment, or may make appropriate changes 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.

(c)

Continuance or withdrawal. Final action on any proposed amendment may be continued by the town council for good cause, provided that all resolutions, motions or petitions for amendments shall be acted upon by the council within one year of the date of the resolution, motion or petition. This provision shall not apply if the petitioner requests or consents in writing to action beyond such period or if a petition is withdrawn by providing written notice to the council.

Whenever a rezoning application is denied, substantially the same application shall not be reconsidered by the town council for one year from the date of denial, except:

(a)

When a new application, although involving all or a portion of the same property, is for a different zoning classification than the original application; or

(b)

When a new application is submitted after a finding by the town council that conditions or circumstances that provided the basis for denial of the original application have changed to an extent sufficient to justify reconsideration.

Pursuant to applicable provisions of Code of Virginia, § 15.2-2296, the purpose of conditional zoning is to recognize that frequently, where competing and incompatible uses 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 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 town council that the provisions of this division shall not be used for the purpose of discrimination in housing.

(a)

Conditions may be proffered. In conjunction with an application for rezoning of property and as a part of a proposed amendment to the zoning map as described in division 1 of this article, the owner of such property may voluntarily proffer in writing reasonable conditions in addition to the regulations specified for the zoning district by this appendix, provided such conditions meet the criteria in this division.

(b)

Submission of conditions. The owner may submit such conditions at the time of submission of the application for rezoning or at any other time before the planning commission makes its recommendation on the application to the town council. The planning commission and the town council shall not be obligated to accept any or all proffered conditions.

(c)

Modifications to conditions. In the event additions, deletions or other modifications to conditions are desired by the owner of the property that is the subject of the rezoning request, they shall be made in writing to the planning commission before the commission makes its recommendation to the town council. The town 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 the public hearing at which the town council is to consider the application for rezoning. In any case, where modifications to conditions are proposed after the planning commission makes its recommendation, the town council may refer the rezoning application back to the commission for further review and action.

All conditions proffered shall meet the following criteria:

(a)

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

(b)

The conditions shall have a reasonable relation to the rezoning.

(c)

The conditions shall be in conformity with the town's comprehensive plan.

(d)

The conditions shall not be less restrictive than the provisions of this appendix, and shall not require or permit a standard that is less than required by any law.

(e)

The conditions shall be drafted in such manner as to be clearly understandable and enforceable.

(a)

Authority of zoning administrator. The zoning administrator shall be vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to a rezoning or amendment to the zoning map, including:

(1)

The ordering in writing of the remedy of any noncompliance with conditions;

(2)

The bringing of legal action to ensure compliance with conditions, including injunction, abatement or other appropriate action or proceeding; and

(3)

Requiring a guarantee satisfactory to the town council in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the town council, or its agent, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(b)

Denial of permits. Failure to meet all conditions attached to a rezoning or amendment to the zoning map shall constitute cause to deny issuance of any required site plan, zoning permit, certificate of zoning compliance, or other use, occupancy, or building permit, as may be appropriate.

The zoning map shall show by appropriate symbol the existence of conditions attached to the zoning on the map. The zoning administrator shall maintain 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.

Any rezoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of section 9-10 of this article may petition the town council for review of such decision by filing a petition with the zoning administrator and with the clerk of the town council within 30 days of the decision. Such petition shall specify the grounds upon which the petitioner is aggrieved.

In deciding any such case, the town council shall have the same authority as vested in the zoning administrator, but shall not modify or delete any condition attached to a zoning map amendment except by formal amendment pursuant to the provisions of this article.

Amendments and variations of conditions attached to a zoning map amendment shall be made only after public notice and hearing in the same manner as an original zoning map amendment and in accordance with the provisions of this article and applicable provisions of Code of Virginia, Title 15.2, as amended. However, where an amendment to such proffered conditions is requested pursuant to subsection (A) of the Code of Virginia, § 15.2-2302, and where such amendment does not affect conditions of use or density, the town council may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of such proffered conditions.