After the conclusion of the hearing provided for in this section, unless proceedings
are terminated as provided herein, the commission shall report to the board of supervisors
its recommendation with respect to the proposed amendment. In acting favorably with
respect to a proposed amendment initiated by the petition of a property owner or owners,
the commission need not confine its recommendation to the proposed amendment as set
forth in the petition, but may reduce or enlarge the extent of land that it recommends
be rezoned or may recommend that land be rezoned to a different zoning classification
than that petitioned for if the commission is of the opinion that such revision is
in accord with public necessity, convenience, general welfare and good zoning practice
and is in furtherance of the purposes of this chapter and section; provided; that
before recommending an enlargement of the 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, pursuant to the requirements of sections 15.2-2204 and 15.2-2205
of the Code of Virginia. No amendment to the zoning map shall be approved for a change
in zoning classification different from that applied for and contained in the public
notice of hearing nor for any land not included therein without referring said change
to the commission for its review and recommendations and proceedings pursuant to this
section and section 25-733; provided, however, that an amendment may be approved for only a portion of the area
proposed for rezoning if the portion rezoned is accurately and sufficiently delimited
in the approval action, or if a portion is reclassified pursuant to sections 15.2-2286,
15.2-2288, 15.2-2287, and 15.2-2303 et seq. of the Code of Virginia, where land may
be reclassified as in floodplain districts.
(Ord. of 5-25-88; Res. No. 12-10-2008, 10-21-08)
