Section 175-146 AMENDMENTS.
The
regulations, restrictions and boundaries established in this
chapter may, from time to time, be amended, supplemented, changed,
modified or
repealed by a favorable majority of votes of the Town Council, provided
that:
A. A
public hearing shall be held in relation thereto
at which the parties in interest and citizens shall have an
opportunity to
be heard.
B. Notices
shall be given of the time and place of
such hearings by publication in at least two (2) issues of some
newspaper
having a general circulation in the jurisdiction. Such notice
shall be
presented in accordance with Section 15.2-2204, Code of Virginia, as
amended.
After enactment of any such amendment, further publication shall
not be
required.
(Ord.
No. Z-11-00Amended Virginia
Code References 9-25-00-Effective Upon Passage)
C. When
a proposed amendment of the Zoning Ordinance
involves a change in the zoning classification of twenty-five (25)or
less
parcels of land, then, in addition to the advertising as above
required,
written notice shall be given by the Commission at least five (5) days
before
the hearing to the owner or owners, their agent or the occupant of each
parcel
involved and to the owners, their agent or the occupant of all abutting
property and property immediately across the street or road from the
property affected. In any county or municipality where
notice is
required under the provisions of this section, notice shall be given to
the
owner, their agent or the occupant of all abutting property and
property
immediately across the street from the property affected which lies in
an
adjoining county or municipality of the commonwealth. Notice sent
by registered
or certified mail to the last known address of such owner as shown on
the
current real estate tax assessment books shall be deemed adequate
compliance with this requirement. If the hearing is continued,
notice
shall be remailed. Whenever the notices required hereby are sent
by an
agency, department or division of the local governing body, such
notices may be
sent by first class mail; provided, however, that a representative of
such
agency, department or division shall make affidavit that such mailings
have
been made and file such affidavit with the papers in the case.
Costs of
any notice required under this section shall be taxed to the applicant.
D. Changes
shall be made by the governing body in the
Zoning Ordinance or the Zoning Map only after such changes have been
referred
to the Planning Commission for its recommendations. Action shall
be taken
by the governing body only after a report has been received from the
Planning
Commission, unless a period of ninety (90) days has elapsed after the
date of
the first regular meeting of the Commission after the proposed
amendment has
been referred to the Commission, after which time it may be assumed the
Commission has approved the change or amendment. No land may
be
zoned to a more intensive use classification than was contained in the
public
notice without an additional public hearing after notice as required
herein.
E. Individual
property owners may petition the
governing body to have their property rezoned by submitting their
request in
writing to the Administrator. The application for rezoning shall
be
accompanied by a Phase I environmental site assessment based on the
anticipated
use of the property proposed for rezoning that meets generally accepted
national standards for such assessments, such as those developed by the
American Society for Testing and Materials (ASTM), and Phase II
environmental
site assessments, that also meet accepted national standards, such as,
but not
limited to, those developed by ASTM, if the Town deems such to be
reasonably
necessary, based on the findings of the Phase I assessment, and in
accordance
with the regulations of the United States Environmental Protection
Agency and
ASTM; provided, however, that where the applicant clearly demonstrates
to the
satisfaction of the Director of Planning and Zoning that there will be
no land
disturbing activity as a consequence of the proposed rezoning, the
requirement
for a Phase I environmental site assessment may be waived in writing of
such
absence of land disturbing activity. An applicant shall disclose and
remediate
any contamination and other adverse environmental conditions of
property
revealed by such environmental assessment, prior to the approval of
subdivision
and development plans.
(Ord.
No. 3-07 Amended
“E” 1-8-07-Effective Upon Passage)
After
proper public hearing, the Planning Commission shall
make its recommendation to the Town Council, who will then act upon the
applicant's request. If the Planning Commission makes no
recommendation
within ninety (90) days from the date of referral, the Council may
assume that
the Commission concurs with the applicant.