§ 1-1015. Amendments.

A.

Powers and duties of the planning commission. .....The planning commission shall have all the powers and duties of local planning commissions set forth in Sections 15.2-2211—15.2-2310 of the Code of Virginia (1950) as amended and any other powers and duties now or in the future delegated to local planning commissions, in order to promote the orderly development of the locality and its environs pursuant to Section 15.2-2210 of the Code of Virginia (1950), as amended and accomplish the objectives of Section 15.2-2200 of the Code of Virginia (1950), as amended.

B.

General description. .....The board of supervisors hereby acknowledge as fact that sections of the county are rapidly changing from a rural area to residential, commercial, industrial and other urban uses and, although an attempt has been made in the comprehensive plan to anticipate and direct such growth along desirable lines, it is inevitable that no such plan will be perfect or everlastingly valid.

The board of supervisors, therefore, anticipates that the comprehensive plan will need amending from time to time as contemplated and authorized by Section 15.2-2223 et seq. of the Code of Virginia (1950), as amended, and that this ordinance and the zoning map must also be amended from time to time in order that it may continue to be in conformity with the expectations of the board of supervisors.

C.

Findings for change of zoning map classification.

1.

The zoning ordinance and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land use for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values and the encouragement of the most appropriate use of land throughout the locality.

2.

The fact that an application for reclassification complies with all of the specific requirements and purposes set forth in this ordinance shall not be deemed to create a presumption that the proposed reclassification and resulting development would, in fact, be compatible with surrounding land uses and is not, in itself, sufficient to require the granting of the application.

D.

Filing procedures for amendment applications.

1.

An application for text amendment may be initiated by resolution of the board of supervisors, by motion of the planning commission, or by application petition of any property owner(s) addressed to the board of supervisors. An application for text amendment will set forth the new text to be added and the existing text, if any, to be deleted or amended.

2.

Zoning map amendment applications may be made by the board of supervisors, planning commission or by any property owner(s) or duly authorized agent. A map amendment may cover a single lot or a larger contiguous area.

3.

All real estate taxes and any outstanding fees or charges must be current at such time an application is submitted for a zoning map amendment application.

4.

Applications by property owners for change in zoning classification of property shall be accompanied by the prescribed application fee listed in Table 3 of this ordinance (Isle of Wight County Fee Schedule). Such application fee is nonrefundable and no application is considered complete until the fee is submitted. In addition, an application for rezoning not including the entire tract of land shall require a boundary plat to be prepared in accordance with the requirements of the subdivision ordinance, which must be recorded in the clerk's office of the circuit court of Isle of Wight County, Virginia, prior to the rezoning taking effect. If a boundary plat of the rezoned area is not recorded within twelve (12) months of the approval of same by the board of supervisors of Isle of Wight County, Virginia, for good cause shown, the zoning administrator may extend this time period beyond twelve (12) months after the applicant/property owner provides justification for the specified extension demonstrating that the applicant/property owner has diligently pursued the completion of the aforementioned requirements. If the zoning administrator cannot find just cause to grant the extension, then said rezoning will be null and void and the property will revert to the zoning classification existing prior to the action of the board of supervisors.

a.

Proof of said recordation shall be presented to the zoning administrator prior to the issuance of any zoning permits for the property which has been rezoned.

5.

An application petition by any property owner for an amendment or change in the zoning district classification of property which is substantially the same as any petition or application denied by the board of supervisors for the same subject property will not be reconsidered within one (1) year of said action of denial. The zoning administrator shall determine whether petitions or applications are substantially the same.

E.

Amendment application.

1.

Applications for text or map amendments shall be submitted on forms provided by and filed in the office of the zoning administrator.

2.

A community impact statement shall be required for all application amendments for residential subdivisions of five (5) or more lots, planned development, commercial and industrial amendment applications, in accordance with subsection 1-1015.F.

3.

Upon receipt of an ordinance amendment application, the zoning administrator shall review the application. If the zoning administrator finds all required information has been provided and the required fee paid, then the application shall be accepted.

4.

All application files will be in the custody of the zoning administrator and will be open to public inspection during regular office hours. No application file will be removed from the custody of the zoning administrator's office. Any persons may, at their expense, obtain copies of any and all exhibits.

5.

Upon determination by the zoning administrator that the application is complete in accordance with the herein requirements, the application shall be promptly submitted for comment and review to appropriate county departments and agencies and scheduled for review before the planning commission.

6.

Fees for engineering/consultant review. If in the discretion of the county review of any request for a zoning map amendment by any outside engineering firm or other consultant expert in the field of the request is deemed necessary, the landowner/applicant shall be required to pay the fee for such review prior to consideration of the request by the county. The purpose of the review will be to ensure that the request complies with all regulations.

F.

Community impact statement. .....A community impact statement shall address the following:

1.

Adequacy of existing public facilities and services intended to serve the proposed development. Analysis shall be made of sewer, water, drainage, schools, fire stations, roadways, and other major locally financed facilities.

2.

Additional on-site and off-site public facilities or services which would be required as a result of the development.

3.

A traffic impact analysis is required for:

a.

Any development proposed which will generate two hundred (200) average daily trips (ADT) or more based on vehicular trip generation rates as defined by the Institute of Transportation Engineers' most recent publication, "Trip Generation", or the Virginia Department of Transportation. The analysis must be prepared in accordance with VDOT's Traffic Impact Analysis Regulations and Administrative Guidelines and indicate the relationship of the proposed development on the cumulative effect of the traffic and road use for the arterial and secondary roads providing access to the development and any other road or intersection impacted by the development. The traffic impact analysis shall also include traffic data from other existing development to show the cumulative impact of traffic and road use for the affected roadways. Additional areas may be required to be incorporated into the analysis where traffic and accident data warrant.

b.

At the request of the zoning administrator, when the proposed development is expected to significantly impact the vehicular movement on the arterial highways within the area.

4.

A capital impact analysis prepared by county staff utilizing the capital impact model which shall be updated annually. If the model is not available, a fiscal impact analysis of the proposed development on the county shall be required and prepared by the applicant to be reviewed and approved by the zoning administrator when the proposal includes residential dwelling units. A fiscal impact analysis is optional when the proposal does not include any residential dwelling units. The analysis shall contain a comparison of the public revenues anticipated to be generated by the development and the anticipated capital, operations, maintenance and replacement costs for public facilities needed to service the project at the adopted county service standards, as well as employment opportunities to be generated by the development. The county shall consider the information provided by the applicant during the development review process; provided, however, that the fiscal impact analysis shall not serve as the sole basis for the approval or disapproval of an individual development proposal unless the health and safety of the community is affected by the inability to provide transportation, fire, police, emergency equipment and services, sewer or water to the proposed development.

G.

Action of the planning commission for amendment applications.

1.

All proposed amendments to this ordinance will be referred to the planning commission for review and a recommendation to the board of supervisors.

2.

The zoning administrator or their designee shall present a report representing a review of the application by the staff of the department of planning and zoning and such other agencies as may be appropriate. The staff report may include, without limitation, the following matters: population change, availability of public facilities, present and future transportation patterns, compatibility with existing and proposed development for the area and the relationship of such proposed amendment to the comprehensive plan.

3.

The planning commission shall hold at least one (1) public hearing on such proposed amendment after notice as required by Section 15.2-2204(A) of the Code Virginia (1950), as amended, and may make appropriate changes in the proposed amendment as a result of such hearing. Upon completion of this work, the planning commission shall present the proposed amendment to the board of supervisors together with its recommendations and appropriate explanatory materials within one hundred (100) days after its first meeting following receipt of the proposed amendment.

H.

Action of the board of supervisors for amendment applications.

1.

Before considering any amendment, the board of supervisors shall hold at least one (1) public hearing thereon, pursuant to public notice as required by Section 15.2-2204(A) of the Code of Virginia (1950), as amended, after which the board of supervisors may make appropriate changes or corrections in the proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice required by Section 15.2-2204(A) of the Code of Virginia (1950), as amended. An affirmative vote of at least a majority of the members of the board of supervisors shall be required to amend this ordinance or the zoning map.

2.

The record in all zoning cases shall include the application, all documents or communications submitted regarding the application, the recorded testimony received at the hearing, any reports or communications to or from any public officials or agency concerning the application, the recommendation of the planning commission, and the final decision of the board of supervisors. The record shall be open to public inspection and shall be maintained by the zoning administrator. The burden of proof for any zoning change shall be upon the applicant.

I.

Continuance and withdrawal of amendment applications.

1.

The applicant may withdraw, in writing, a text or map amendment case from consideration prior to the public hearing of the planning commission or board of supervisors. Any new application for rezoning of said property shall be subject to all procedures and fees of an original application.

2.

If a request by an applicant for continuance of a public hearing on a map amendment is granted after the required public notice has been given, the applicant shall pay an additional fee for another public notice.

3.

Nothing shall be construed as limiting the right of the planning commission or the board of supervisors to continue amendment cases on its own initiative. (7-7-05; Ord. No. 2011-1-C, 1-6-11; 7-19-18; 7-18-19.)