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and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by a favorable majority of votes of the Town Council, provided that: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.