The Town Council may, from time to time, amend, supplement, or change, by ordinance, the boundaries of the districts or the regulations herein established. Any such amendment may be initiated by resolution of the Town Council, or by motion of the Planning Commission, or by petition of any property owner addressed to the Town Council. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the Planning Commission.

Before taking any action on any proposed amendment, supplement, or change, the Town Council shall submit the same to the Planning Commission for its recommendations and report. Failure of the Commission to report ninety (90) days after the first meeting of the Planning Commission after the proposal has been referred to the Planning Commission shall be deemed approval.

The Planning Commission shall hold a public hearing thereon, before submitting its report to the Town Council. Notice of public hearings before the Commission shall be given by publishing the time, place, and nature of the hearing once a week for two (2) successive weeks in a newspaper published or having general circulation in the Town of Big Stone Gap, provided that such notice for both the Planning Commission and the Town Council may be published concurrently. The public hearing shall be held not less than five (5) nor more than twenty-one (21) days after final publication. In addition, the Commission shall cause the date, time, place, and nature of the hearing to be posted conspicuously on the property in accordance with the rules of the Commission and a certificate of posting shall become a part of the record of the hearing. The published and posted notices shall contain reference to the place or places within the Town where the plans, ordinances, or amendments may be examined.

Before approving any proposed change or amendment, the Town Council shall hold a public hearing thereon, notice of said hearing to be accomplished by publication in a newspaper as prescribed above. The Planning Commission and the Town Council may hold a joint public hearing after public notice as set forth herein above. If such joint hearing is held then public notice as set forth above need be given only by the Town Council.

Except upon application of a property owner or his agent, when a proposed amendment involves a change in the zoning classification of twenty-five (25) or less parcels of land, then, in addition to the advertising as above required, written notice shall be given at least five (5) days before the hearing to the owner or owners, their agent or the occupant of each parcel involved, and to the owners, their agent or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement.

Following its public hearing the Town Council may make appropriate changes or corrections in an ordinance or proposed amendment; provided, however, that no additional land may be zoned to a different classification than was contained in the public notice without an additional public hearing after notice as required in Section 3. above.

Applications for a change in zoning may be withdrawn from consideration before the first notice of a public hearing thereon has been published and fees refunded if no publication cost is incurred. Applications for a change in zoning which are withdrawn after first publication shall be considered as denied for the purpose of the one year limitation on reconsideration as provided in Section 7 above.

(Ord. of 1-23-91)

The Town Council shall take action on a request for amendment within one year of the date of filing; otherwise the amendment shall be deemed approved. In determining what, if any, amendments to this Ordinance are to be adopted, the Town Council shall give due consideration to the proper relationship of such amendments to the entire Zoning Plan and integrity and validity of the zoning districts herein described, and to avoid isolated unplanned spot zoning changes in the Zoning District Map. Any amendments adopted by the Town Council may be modified from the form in which they were advertised within the limits necessary to related properly such amendment or amendments to the zoning plan and Ordinance; provided, however, that no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice as required in Section 3 above.

In determining what, if any amendments to the text of this Ordinance of the Zoning District Map are to be adopted, the Town Council shall recognize that a certain element of stability is desirable in land use controls and that all citizens have the right to be treated reasonably; at the same time the Council recognizes in adopting this Ordinance that conditions and standards will change, and that no citizen, whether a general resident of the Town, a neighbor, or an affected property owner, has the right to indefinite continuation of any zoning regulation or classification, and that a citizen, a property owner, the Planning Commission, or the Town Council, in accordance with the law and the provisions of this ordinance, may initiate a change which they believe will properly adjust the Zoning Ordinance and District Map to the Comprehensive Plan or changed conditions and standards.

(Ord. of 1-23-91)

Whenever a petition requesting an amendment, supplement, or change has been denied by the Town Council, such petition, or one (1) substantially similar, shall not be reconsidered sooner than one (1) year after the previous denial.

(Ord. of 1-23-91)

When any proposed change of a zoning district boundary lies within three hundred (300) feet of a Town boundary, notice of the proposal, together with the date, time, and place of the public hearing thereon, if such hearing has been scheduled, shall be forwarded to the Planning Commission of Wise County in order to give such Commission an opportunity to appear at the hearing or express its opinion on the effect of said boundary change.

(Ord. of 1-23-91)