ARTICLE
10. AMENDMENTS
Sec.
10-1. Generally.
Whenever public necessity, convenience, general welfare
or good zoning practice require, and subject to the procedures
and requirements set forth in sections 15.1-491 and 15.1-493
of the Code of Virginia, 1950, as amended, the regulations,
restrictions and district boundaries established by this
Ordinance may be amended, supplemented, changed or repealed
by ordinance adopted by the board of supervisors. Any ordinance
to amend the provisions of this Ordinance shall be enacted
in the same manner as all other ordinances.
Sec.
10-2. Initiation of amendments.
Amendments to this Ordinance may be initiated by any of
the following methods:
-
Resolution
of the board of supervisors. The board of supervisors
may, by its own resolution, initiate an ordinance to
amend any of the provisions of this Ordinance, including
the official zoning district map. Such resolution shall
state the public purpose for the amendment.
-
Motion
of the planning commission. The planning commission
may, by adoption of a motion, initiate an amendment
to any of the provisions of this Ordinance, including
the official zoning district map. Such motion shall
state the public purpose for the amendment. The motion
shall be forwarded to the board of supervisors which
shall cause an ordinance to be prepared for its consideration.
-
Petition
of a property owner. A petition to change the zoning
classification of property by amendment to the official
zoning district map may be filed by the owner of such
property or, with the written consent of the owner,
the contract purchaser of the property or any agent
of the owner. Such petition may be addressed to the
board of supervisors or to the planning commission and
shall be filed with the zoning administrator on forms
provided by the zoning administrator for such purpose.
The petition shall be accompanied by the required fee
and a certified plat, legal description or such other
documentation as prescribed by written policy established
by the board of supervisors. The zoning administrator
shall forward the petition to the board of supervisors,
which shall cause an ordinance to be prepared for its
consideration.
Sec.
10-3. Action by planning commission.
10-3.1. Review and recommendation. No ordinance to amend
the provisions of this Ordinance shall be acted upon by
the board of supervisors unless the amendment has been referred
to the planning commission for its review and recommendation.
The commission may recommend that the board of supervisors
adopt or reject the proposed amendment or may recommend
changes in the proposed amendment. Failure of the commission
to consider the amendment and report to the board of supervisors
within ninety (90) days after the first regular meeting
of the commission after the amendment was referred to it,
shall be deemed to be a recommendation of approval.
10-3.2. Public notice and hearing. Before taking
action on any amendment referred to it by the board of supervisors,
the planning commission shall give public notice as required
by section 15.1-431 of the Code of Virginia, 1950, as amended,
and shall hold a public hearing thereon. The zoning administrator
shall submit a written report and recommendation regarding
the amendment to the planning commission prior to its scheduled
public hearing.
Sec.
10-4. Action by board of supervisors.
10-4.1. Public notice and hearing. Before taking action
on any ordinance to amend the provisions of this Ordinance,
the board of supervisors shall give public notice as required
by section 15.1-431 of the Code of Virginia, 1950, as amended,
and shall hold a public hearing thereon.
10-4.2. Final action. After receiving a report from
the planning commission and after giving public notice and
holding a public hearing, the board of supervisors may adopt
or reject the proposed amendment, or may make appropriate
changes or corrections to the amendment, provided that no
land may be zoned to a more intensive use classification
nor shall a greater area of land be rezoned than was described
in the public notice without referral to the planning commission
and an additional public hearing after public notice as
required by section 15.1-431 of the Code of Virginia, 1950,
as amended.
10-4.3. Continuance or withdrawal. Final action on
any proposed amendment may be continued by the board of
supervisors for good cause, provided that all resolutions,
motions or petitions for amendments to the provisions of
this Ordinance shall be acted upon and a decision made by
the board within one (1) year of the date of such resolution,
motion or petition. This provision shall not apply if the
petitioner requests or consents in writing to action beyond
such period or if the resolution, motion or petition initiating
the amendment is withdrawn by providing written notice to
the county clerk. In the case of withdrawal, no further
action on the amendment shall be necessary.
Sec.
10-5. Joint public hearing.
The board of supervisors and the planning commission may
hold a joint public hearing on any proposed amendment, subject
to the public notice requirements of section 15.1-431 of
the Code of Virginia, 1950, as amended.
Sec.
10-6. Filing of new petition after rejection.
Upon rejection by the board of supervisors of any proposed
amendment to the official zoning district map by petition
of a property owner, contract purchaser or agent of a property
owner, substantially the same petition shall not be considered
again by the board within one (1) year of the date of such
rejection.
Sec.
10-7. Fees.
A filing fee in such amount as established by general rule
by the board of supervisors shall be submitted with each
petition to change the zoning classification of property.
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