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R -23 -02 A RESOLUTION INITIATING AN AMENDMENT TO THE PORTSMOUTH ZONING ORDINANCE TO ALLOW CITY COUNCIL TO ELECT TO RECONSIDER DENIED ZONING APPLICATIONS. WHEREAS, in furtherance of the general welfare and good zoning practice it is advisable to review and amend the PortsrTlouth Zoning Ordinance (Chapter 40.2 of the City Code) from time to time; and WHEREAS, under the current Zoning Ordinance, when Council denies Use Permit or Rezoning Applications the applicants are not permitted to re -apply until one year after the denial, and WHEREAS, the Virginia Code allows localities to provide for a one year waiting period for denied applications, but does not mandate any waiting period; and WHEREAS, the City of Suffolk zoning ordinance establishes a one year waiting period for denied applications, but allows City Council to vote to reconsider a denial during the waiting period; and WHEREAS, the power to reconsider denied applications provides City Council with more flexibility in administering the zoning process, and WHEREAS, subsection 15.2- 2286(A)(7) of the Virginia Code authorizes City Council to adopt a resolution initiating the amendment of the Zoning Ordinance; and WHEREAS, any amendment which is proposed pursuant to this Resolution will be subject to public input, including through the formal public hearing process before the Planning Commission and City Council required by the Virginia Code; and WHEREAS, no amendment will be finally adopted until the specific language of the amendment is approved by City Council, NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that staff is hereby authorized and directed to commence the process of preparing a proposed amendment to the Zoning Ordinance for the purpose of allowing City Council to elect to reconsider denied zoning applications. ADOPTED by the Council of the City of Portsmouth, Virginia at a meeting held on January 10, 2023. Teste: City Clerk