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 Suffolk
 Unified Development Ordinance
 Article 3. PROCEDURES

  § 31-304. ZONING AMENDMENT AND REZONINGS.  

Latest version.

  • (a)

    PROCEDURES.

    (1)

    INITIATION.

    A.

    Amendments to the zoning map including district boundaries or classifications may be initiated by:

    (i)

    The City Council by resolution; or

    (ii)

    The Planning Commission; or

    (iii)

    A petition properly signed and filed by the owner or, with the owner(s specific written consent, a contract purchaser or owner's agent.

    B.

    Whenever the City Council or Planning Commission shall initiate an amendment, either to the map or text, the public purposes for such an amendment shall be clearly stated.

    C.

    When an amendment to the Official Zoning Map (a "rezoning"), or an amendment to the text of this Ordinance, is initiated, an application for such amendment shall be submitted to the Director. Before any application is accepted by the Director, the applicant may attend a preapplication meeting with the Director or designee. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for a zoning amendment request pursuant to this Ordinance.

    (2)

    COMPLETENESS REVIEW.

    A.

    A request for an amendment of the text of the Ordinance or a rezoning shall be made by filing a written request and application with the Director. The applicant shall file the information required by Appendix B, Section B-4 to this Ordinance for a rezoning application.

    B.

    The Director shall review the application for a rezoning or text amendment for completeness. If the application is complete, the Director shall schedule the application for a public hearing with the Planning Commission. If the application is not complete, the Director shall return the application to the applicant with a statement of the reasons for the deficiency.

    C.

    Upon certification by the Director that the application is complete and payment of required fees, the application shall be deemed received and referred to the Planning Commission for its review and recommendation as provided by Code of Virginia, § 15.2-2204.

    (3)

    PUBLIC HEARING AND DECISION.

    A.

    The Planning Commission, after public notice in accordance with Code of Virginia, § 15.2.2204 and Section 31-301(e) shall hold at least one public hearing on such application and as a result thereof shall transmit a recommendation to the City Council. A public hearing shall be conducted, and a recommendation shall be submitted, by the Planning Commission in accordance with the requirements of Section 31-301(h) of this Ordinance and Code of Virginia, § 15.2-2285.A and 15.2-2285.B. After receipt of the recommendations of the Planning Commission, the City Council shall approve, approve with conditions, or deny the rezoning or text amendment in accordance with Code of Virginia, § 15.2-2285.C.

    B.

    When a rezoning application is accompanied by an application for a conditional use permit or subdivision approval such dual applications may be processed and reviewed concurrently. If the proposed rezoning is inconsistent with the Comprehensive Plan, an application for an amendment to the Comprehensive Plan shall be submitted by the applicant in accordance with Section 31-303 of this Ordinance. Amendments to both the official zoning map and the Comprehensive Plan may be considered concurrently.

    (b)

    APPROVAL CRITERIA. The Planning Commission and City Council shall consider the matters set forth in Code of Virginia, § 15.2-2284 in drawing and applying zoning districts and in considering amendments to this Ordinance. Furthermore, adequate utilities, access roads, fire protection, and other necessary facilities shall be provided as set forth in Section 31-601 of this Ordinance.

    (c)

    SUBSEQUENT APPLICATIONS. No application for change of zoning of any lot, parcel or portion thereof shall be considered by the City Council within one year of the final action of the City Council upon a prior application covering any of the same described land. This provision, however, shall not impair the right of the City Council to reconsider any rezoning request by motion. After a decision is made to reconsider a rezoning request, the City Council shall conduct a public hearing and may choose to act on the rezoning request without referring the matter to the Planning Commission for its recommendation.

    (d)

    SCOPE OF APPROVAL. The approval of an amendment to this Ordinance or a rezoning shall not be deemed to authorize the development of land. Such an amendment shall authorize the applicant to apply for a certificate of zoning permit, in the case of uses permitted as of right, or a conditional use permit, in the case of conditional uses. Such amendment does not supersede any requirement for site plan or subdivision plat approval by this Ordinance.

    (e)

    PROCEDURES FOR RECORDING ZONING MAP AMENDMENTS. When the amendment involves changes to the existing zoning district boundaries, the form of the amending Ordinance shall contain a narrative description of the land to be reclassified or reference to an accompanying plat of such land showing the new zoning classifications and indicating their boundaries. The Director shall refer to said attested Ordinance as a record of the current zoning status until such time as the zoning map can be changed accordingly.

    (Ord. No. 14-O-137, 12-17-2014)

(Ord. No. 14-O-137, 12-17-2014)