(A) In accordance with VA Code Title 15.2, proposed amendments to this chapter, changes in district boundaries, amendments to proffers, or classification of property shall be referred by the Town Council, or the Zoning Administrator (in cases of amendments proposed by the property owner, contract purchaser with the owner’s written consent, or owner’s agent), to the Planning Commission for its recommendations.
(B) In accordance with VA Code § 15.2-2214, the Planning Commission shall annually fix a calendar for holding regular meetings, and may also, by resolution, fix certain days to which any meeting shall be continued if the Chairperson, or Vice-Chairperson if the Chairperson is unable to act, finds and declares that weather conditions are such that it is hazardous for members to attend the meeting. Such findings shall be communicated to the members and the press as promptly as possible. All hearings and other matters previously advertised shall be conducted at the continued meeting and no further advertisement is required, provided the resolution setting the schedule is inserted in a newspaper having general circulation in the locality at least seven days prior to the first meeting held pursuant to the adopted schedule.
(C) The Planning Commission shall hold a public hearing on such application or resolution with advertising as provided by § 157.265.
(D) At the conclusion of the Planning Commission public hearing, the Planning Commission shall report to the Town Council its recommendation with respect to the proposed amendment. After that time, any material change made in the application shall necessitate the return of the application to the Planning Commission and the scheduling of another public hearing.
(E) The Planning Commission need not confine its recommendation to the proposed amendment as set forth in the petition/application/resolution.
(1) If the proposed amendment consists of a change in the text of this chapter, it may recommend a revision to the proposal.
(2) If the proposed amendment consists of a change in zoning district boundaries, it may reduce or enlarge the extent of land that it recommends to be rezoned or it may recommend that the land be rezoned to a different zoning district classification than that petitioned for if, in either case:
(a) The Commission is of the opinion that such revision is in accordance with sound zoning practice and is in furtherance of the purpose of this chapter; and/or
(b) Before recommending a larger extent of land or a rezoning to a less restricted classification than was set forth in the petition, the Commission shall hold a further hearing on the matter, of which notice shall be given as in the first instance.
(F) In recommending the adoption of any amendment to this chapter, the Planning Commission shall state its reasons for such recommendation, describing any changes in conditions, if any, that it believes makes the amendment advisable and specifically setting forth the manner in which, in its opinion, the amendment would be in harmony with the adopted Comprehensive Plan and would be in furtherance of the purposes of this chapter.
(G) The Planning Commission shall have 90 days following its first meeting after the proposed amendment has been referred to the Commission to transmit its recommendation to the Council. Failure to provide a recommendation within such specified time shall be deemed a recommendation of approval unless a deferral is requested by the applicant in conformance with this chapter.
(1998 Code, § 66-337) (Ord. passed 9-5-2017)