§ 31-55. Review process.

(a)

Review by the planning office.

(1)

When an amendment has been proposed, and when an amendment to the zoning map has been initiated, the zoning administrator shall have the amendment reviewed by such staff, departments, offices, or other personnel as he finds appropriate.

(2)

In the case of an application for a rezoning, the review shall include an examination of the applicant's proffer statement, if any. The administrator may suggest revisions to the proffer statement in order to clarify the proffers volunteered by the applicant. In addition, before the application is scheduled for a public hearing before the planning commission, the administrator may present to the applicant a summary of the findings of the review in order that the applicant may make modifications of his application should he desire to do so. However, once advertised for a public hearing, no substantial change shall be made in any application unless it is re-advertised.

(3)

The application shall then be referred to the planning commission for a public hearing. The administrator shall not be required to refer such application immediately, but shall consider the applicant's preference, the planning commission's schedule, and the appropriate use of city staff.

(4)

When referring an application to the planning commission, the administrator shall prepare a report for the commission's review and such report shall include a recommendation on the application.

(5)

Amendments to the zoning map and amendments to the text of this chapter not initiated by an application of a property owner shall be referred to the planning commission after a report, and recommendation, by the zoning administrator.

(6)

Concurrent processing. Site and subdivision plans can be processed with a rezoning application consistent with the long range land use designation of the comprehensive plan, upon the request of the applicant, if the applicant acknowledges responsibility for costs related to site and subdivision plans submittal, regardless of whether the rezoning application is approved or denied. The submission of plans may not be accepted until the first round of comments have been received from city agencies and the zoning administrator has approved the concurrent processing affidavit.

(b)

Review by the planning commission.

(1)

The commission shall hold at least one (1) public hearing on such proposed amendment, after notice as required by Section 15.2-2204 of the Code of Virginia and subsection 31-52(c) herein.

(2)

In recommending the adoption of any amendment to this ordinance, the planning commission shall fully state its reasons for any such recommendations, describing the change(s) in conditions, if any, that it believes makes the amendments advisable and specifically setting forth the manner in which the amendment would be in harmony with the comprehensive plan of the city and would be in furtherance of the purpose of this chapter.

(3)

A petition for an amendment may be withdrawn at any time, but if the planning commission has commenced its hearing on the petition, a petition covering any of the same described land will not be reconsidered within twelve (12) months of withdrawal. This provision shall not be held to impair the right of either the planning commission or the governing body to propose any amendments to this chapter on its own motion at any time.

(c)

Review by governing body.

(1)

Before approving the proposed amendment, the governing body shall hold at least one (1) public hearing thereon, after notice as required by Section 15.2-2204 of the Code of Virginia and subsection 31-52(c) herein, after which the governing body may make appropriate changes or corrections in the proposed amendment; provided that no additional land may be zoned to a different classification than was contained in the public notice without an additional public notice as required by Section 15.2-2204 of the Code of Virginia and subsection 31-52(c) herein.

(2)

The zoning administrator shall require a bond and agreement satisfactory to the governing body in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffered conditions.

(3)

Failure to meet or comply with any proffered condition shall be sufficient cause to deny the issuance of any permits.

(Ord. No. 83-1700-225, 10-18-83; Ord. No. 06-1700-818H, 12-12-06; Ord. No. 11-1700-905, §§ 3, 4, 5-24-11)

(Ord. No. 83-1700-225, 10-18-83; Ord. No. 06-1700-818H, 12-12-06; Ord. No. 11-1700-905, §§ 3, 4, 5-24-11)