§ 36.2-540. Zoning amendments.

(a)

Purpose. The purpose of this section is to establish procedures for initiating and processing applications to amend the provisions of this chapter and to amend the Official Zoning Map.

(b)

Applicability. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the City Council may by ordinance amend, supplement, or change this chapter, including the text and the Official Zoning Map. Any such amendment may be initiated by resolution of the City Council or by motion of the Planning Commission. An amendment to the Official Zoning Map may be initiated by application by the owner, contract purchaser with the owner's written consent, or the owner's agent of the property which is the subject of the proposed zoning map amendment.

(c)

Procedures; filing of application.

(1)

Prior to the filing of an application to amend the Official Zoning Map, the applicant shall meet with the Zoning Administrator to determine that all filing requirements have been met and that all information is correct.

(2)

An application for a zoning amendment shall be in writing on forms provided by the City, and filed with the Secretary to the Commission, accompanied by payment of all fees as set forth in the City of Roanoke's Fee Compendium as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended.

(3)

An application for the rezoning of property shall include the following:

(A)

A description of the purpose for the requested zoning district classification and the proposed use of the property;

(B)

A concept plan outlining features of the proposed use of the property including buildings, parking, access, and similar features;

(C)

A map or maps of the area requested for rezoning;

(D)

Names, signatures, and addresses of the owner or owners of the lots or property included in the proposed change; and

(4)

Upon the filing of such application, and the payment of all applicable fees and charges, the Secretary to the Commission shall note the filing of the same and shall immediately transmit the application to the Planning Commission for study, report, and recommendation to the City Council, with a copy of such application mailed or delivered to the mayor and members of the City Council and to the Zoning Administrator.

(5)

Once City Council has considered an application, an applicant may not request consideration of substantially the same application for one (1) year. Nothing in this section shall be construed to limit City Council's ability to reconsider an application under Rule 10 of Section 2-15, Rules of procedure, of this Code.

(d)

Planning Commission action.

(1)

All proposed amendments to this chapter shall be submitted to the Planning Commission for consideration and recommendation. The Planning Commission shall study proposals to determine:

(A)

The need and justification for the change;

(B)

When pertaining to a change in the district classification of property, the effect of the change, if any, on the property and on the surrounding neighborhood;

(C)

When pertaining to a change in the district classification of property, the amount of undeveloped land in the general area and in the City having the same district classification as requested; and

(D)

The relationship of the proposed amendment to the purposes of the general planning program, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the City's Comprehensive Plan.

(2)

Prior to making recommendations on any proposed amendment to the provisions of this chapter or to the Official Zoning Map, the Planning Commission shall conduct a public hearing on such proposal, after notice of such hearing is given pursuant to Section 36.2-540(f).

(3)

Within sixty (60) calendar days from the date that any proposed amendment is referred to it (unless a longer period shall have been established by mutual agreement between the applicant and the Planning Commission inthe particular case), the Planning Commission shall submit its report and recommendation to the City Council. The recommendation of the Planning Commission shall be advisory only and shall not be binding on City Council. If the Planning Commission does not submit its report within the prescribed time, the City Council may proceed to act on the amendment, without further awaiting the recommendation of the Planning Commission.

(e)

City Council hearing. Prior to amending the provisions of this chapter or the Official Zoning Map, the City Council shall conduct a public hearing on such proposed amendment, after notice of such hearing is given pursuant to Section 36.2-540(f).

(f)

Notice of hearing. Prior to conducting any public hearing required by this chapter before the City Council or the Planning Commission, notice shall be given as required by Section 15.2-2204 of the Code of Virginia (1950), as amended. The expense of advertising shall be borne by the applicant. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2-107 of the Code of Virginia (1950), as amended. Any affidavits required by Section 15.2-2204, Code of Virginia (1950), as amended, shall be filed with the City Clerk. In addition, and as a courtesy to the general public, at least ten (10) business days prior to the public hearing before the Planning Commission, the Zoning Administrator shall erect a sign indicating the zoning district requested, identification of the subject property, and the time, date, and place of such public hearing as set forth in the schedule below:

Scope of Rezoning Application	Sign Posting Requirements
Application to rezone 1—25 tax parcels, or portion thereof	1 sign per street frontage of contiguous subject tax parcels
Application to rezone 26—100 tax parcels, or portion thereof	1 sign per intersection constituting the perimeter of the area proposed to be rezoned
Comprehensive rezoning (over 100 properties)	No sign posting required

 

Failure by the zoning administrator to comply with the requirement of posting a sign on the subject property shall not be a ground for cancelling, rescheduling or continuing a public hearing at the request of any applicant or interested person or entity on any matter otherwise properly advertised for public hearing in accordance with Section 15.2-2204 of the Code of Virginia (1950), as amended. No decision or recommendation by either the Planning Commission for the City of Roanoke, the City Council for the City of Roanoke or the Board of Zoning Appeals for the City of Roanoke shall be subject to challenge solely on the ground that the zoning administrator failed to comply with the requirement of posting a sign on the subject property.

(g)

Amendment after hearing; City Council action. After the City Council has held a public hearing, it may make appropriate changes or corrections in the proposed amendment and proceed to act without holding a hearing on the proposed amendment in its new form. The City Council shall decide whether to approve or to deny an application to amend the provisions of this chapter or the Official Zoning Map.

(Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16)

(Ord. No. 40088, § 1, 10-20-14; Ord. No. 40296, § 1, 7-6-15; Ord. No. 40710, § 1, 12-5-16)