Chapter 18.215
AMENDMENTS
Sections:
18.215.040 Report to the city council.
18.215.060 Proposed amendment.
18.215.070 Conditional zoning.
18.215.010 General provision.
The regulations, restrictions, boundaries, and options set forth in this title may be amended, supplemented, revised, or repealed from time to time as conditions warrant, subject to the following conditions. (Zoning ordinance Art. 7, § 5).
18.215.020 Application.
(1) An application for a proposed amendment or rezoning shall be filed with the planning commission.
(2) An application, except as provided in subsection (3) of this section, may be initiated by resolution of the governing body; by motion of the local planning commission; or by petition of the owner, contract purchaser with the owner’s written consent, or the owner’s agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body.
(3) An application for conditional zoning may be made by a property owner(s) or his designated representative. Said application shall be in writing, signed by the property owner(s) placing certain conditions and restrictions on the use and development of the property of that property owner(s) in addition to the regulations provided for in the zoning district. (Ord. 2021-21. Zoning ordinance Art. 7, § 5).
18.215.030 Public hearing.
On application, the planning commission shall schedule a hearing having first given notice of such intention published once a week for two successive weeks in a daily newspaper of general circulation in the city. Such notice shall specify the time (five to 10 days of the final publication of the paper) and the place of the hearing at which persons affected may appear and present their views.
Except upon application of a property owner or his agent, when a proposed amendment of this title involves a change in the zoning classification of 25 or less parcels of land, then in addition to the advertising as above required, written notice shall be given at least five days before the hearing to the owner or owners, their agent, or the occupant, of all abutting property and property immediately across the street or road from the property affected. 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.
The planning commission shall consider and make recommendations on all proposed amendments, taking into account the testimony at the hearing, a site inspection of the property in question, the recommendations from the health department or other official bodies, and the standards provided for amendments. (Zoning ordinance Art. 7, § 5).
18.215.040 Report to the city council.
The planning commission shall make a report to the city council upon all such applications and no amendment shall be passed except by a majority vote of the entire membership of the city council. Nothing herein is intended nor shall it be taken to abridge or in any way limit the power of the council to amend this title on its own motion without prior submission of the amendment to the planning commission. (Zoning ordinance Art. 7, § 5).
18.215.050 Time limit.
All amendments initiated by application filed with the planning commission shall be finally acted upon by council within 60 days following the date of the public hearing, provided for in SCC 18.215.030, and failure of the council finally to act upon any proposal within the said 60-day period, shall be in all respects equivalent to rejection thereof. The Staunton city council shall not consider an application to amend the zoning of a parcel of land or uses permitted on review for a period of a year from the date of first action on a prior application, if such application relates to an amendment to the same zoning or permitted use on review as applied for in the previous application. (Zoning ordinance Art. 7, § 5).
18.215.060 Proposed amendment.
A proposed amendment shall be considered on its own merit using the following criteria as a guide:
(1) Text or Map Amendments. The following conditions shall be met for all amendments:
(a) The proposed amendment shall be necessary because of substantially changed or changing conditions of the area and districts affected, or in the city generally.
(b) The proposed amendment shall be consistent with the intent and purpose of this title.
(c) The proposed amendment shall not adversely affect any other part of the city, nor shall any direct or indirect adverse effects results from such amendment.
(d) The proposed amendment shall be consistent with and not in conflict with Staunton’s master plan.
(2) No new zoning district shall be created to contain an area of less than four acres. The four acres need not be under common ownership.
(3) Errors or oversights as may be found in the title as originally adopted shall be corrected under normal amendment procedures. (Zoning ordinance Art. 7, § 5).
18.215.070 Conditional zoning.
An application for conditional zoning shall be considered and administered in accordance with Sections 15.2-2296 through 15.2-2303.4 of the Code of Virginia, 1950, as amended, and said sections are incorporated herein as a part hereof to the same extent and purpose as though such sections were herein set out in full. The administrator is hereby vested with all necessary authority to administer and enforce such conditions and restrictions. (Ord. 2018-28. Zoning ordinance Art. 7, § 5).