<- [[:charlottesville|Charlottesville Regulatory Process Guide]] | Process (Zoning & Land Use) -> ====== Zoning Map Amendment / Rezoning (Dev Code 5.2.5) ====== Governed by **Chapter 34, Article 5, Div. 5.2.5 (Zoning Map Amendment)**. A rezoning may be initiated by City Council, the Planning Commission, or an owner/agent/contract purchaser with the owner's written consent (5.2.5.B.1). The process runs through a pre-application conference (5.2.5.B.2.a, waivable), the shared intake spine, staff report to the Planning Commission, optional BAR referral for historic-overlay properties, public notice, PC and City Council public hearings, proffer handling, and final Council action. Statutory anchors: Code of Virginia 15.2-2204 (notice), 15.2-2285/-2286 (amendments), 15.2-2296 et seq. (conditional zoning / proffers). **Invokes the shared spine:** the Call Activity in this diagram calls [[:charlottesville:common_review_spine|Common Review Procedures (5.2.1)]] via calledElement Process_CommonReviewProcedures. **Key links:** * [[:charlottesville:common_review_spine|Common Review Procedures (Spine, 5.2.1)]] * [[https://library.municode.com/va/charlottesville|Chapter 34 - Zoning (Municode)]] Zoning Map Amendment (Rezoning) per Chapter 34 Div. 5.2.5. Invokes Common Review Procedures (5.2.1) as a Call Activity. Statutory anchors: Code of Virginia 15.2-2204 (notice), 15.2-2285/-2286 (amendments), 15.2-2296 et seq. (conditional zoning / proffers). 5.2.5.B.1 a Zoning Map Amendment may be initiated by City Council, the Planning Commission, or an owner / owner's agent / contract purchaser with the owner's written consent. f1 f1 f2 f3 5.2.5.B.2.a required before submitting a Zoning Map Amendment; may be waived at the Administrator's discretion. f2 f4 5.2.5.B.2.b application submittal: form, plans, and fees filed with the Administrator; general submittal requirements per 5.2.1. Invokes the shared intake spine. f3 f4 f5 5.2.5.C.1.a the Administrator reviews and provides a staff report and recommendation to the Planning Commission in advance of the hearing; other City staff may contribute. f5 f6 f6 f7 f8 5.2.5.C.1.b when the property is within an ADC District, HC District, or is an Individually Protected Property, the Administrator refers the application to the BAR; the BAR may submit a written report to PC and Council. f7 f9 5.2.5.C.2 notice of the public hearing given per Code of Virginia 15.2-2204. f8 f9 f10 5.2.5.C.3.a the PC must advertise and hold at least one public hearing before recommending; may hold a joint hearing with Council. f10 f14 f25 f11 f11 f12 f13 5.2.5.C.3.b.i where proffers are made for the first time or substantially modified at the hearing, the PC continues the application for Administrator review and public comment. f12 f14 5.2.5.C.3 the Planning Commission makes its recommendation to City Council. f13 f15 f15 f16 f17 5.2.5.C.3.b.ii the applicant compiles all proffers as acted upon by the PC into a final written proffer statement, submitted to the Administrator within 7 days of the PC meeting. f16 f18 5.2.5.C.3.b.ii the Administrator transmits the final proffer statement to Council with the application. f18 f19 5.2.5.C.4.a Council must advertise and hold at least one public hearing before enacting an amendment; may hold a joint hearing with the PC. No rezoning to a more intensive use than noticed without an additional advertised hearing. f17 f19 f20 f20 f21 f22 f23 5.2.5.C.4.b.ii Council may continue the application for an additional public hearing on the final proffer statement and proposed modifications, after advertisement and notice. f21 f24 5.2.5.C.4.b.iii Council may refer the modified application to the PC for review and recommendation; re-referral is required if a modification deletes a substantive proffer provision reviewed by the PC. f22 f25 f23 f24 f26 f27 f26 f27 f28 f29 5.2.5.E.2.a/c adopted proffered conditions become part of the zoning regulations, are noted on the zoning district map, and are indexed in the conditional zoning index. f28 f30 5.2.5.C.4.a.iii Council will approve and adopt, amend and adopt, or deny the amendment. f29 f30 preAppWaived == False inHistoricOverlay == True proffersChangedAtHearing == True hasProffers == True councilModOption == 'continue' councilModOption == 'refer' councilDecision == 'deny' hasProffers == True 21-day rule: preliminary proffers may be submitted with the application, or modified no fewer than 21 days before the PC hearing (5.2.5.B.3). 1-year bar: once advertised, Council cannot consider a substantially similar application for one year from the date the Administrator accepted it (5.2.5.E.1).