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Building & Zoning – Zoning Ordinance - Article 10

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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restrictions and district boundaries established by this Ordinance may be amended, supplemented, changed or repealed by ordinance adopted by the board of supervisors.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:

  1. 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.
     

  2. 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.
     

  3. 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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