The regulations, restrictions and boundaries established in this ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by the board of supervisors.

Any such amendment may be initiated (1) by resolution of the board of supervisors, or (2) by motion of the planning commission, or (3) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the board of supervisors or the planning commission, who shall forward such petition to the board of supervisors. The board of supervisors will not reconsider substantially the same petition for a period of one year following its original determination concerning such petition.

32-1-1. [Activity planning commission.] The planning commission shall hold at least one public hearing on such proposed amendment after notice as required by law, and may make appropriate changes in the proposed amendment to the governing body together with its recommendation and appropriate explanatory materials. Such public hearing may be held jointly with the governing body at its public hearing.

Failure of the commission to report 100 days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission shall be deemed approval, unless such proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of such time period. In the event of and upon such withdrawal, processing of the proposed amendment or reenactment shall cease without further action as otherwise would be required by this subsection.

32-1-2. [Action by governing body.] Before approving and adopting any amendment, the governing body shall hold at least one public hearing thereon, pursuant to public notice as required by law after which the governing body may make appropriate changes or corrections in the 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 required by law. An affirmative vote of at least a majority of the members of the governing body shall be required to amend the zoning ordinance.

32-1-3. Conditional zoning.

A.

In order to provide a more flexible and adaptable zoning method to permit differing land uses and to recognize effects of change, conditional zoning is permitted. That is, a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection and well-being of the community that are not generally applicable to land similarly zoned.

B.

The owner of land seeking a rezoning may provide, by voluntarily proffering in writing, reasonable conditions as part of the application for rezoning, which conditions are in addition to the regulations provided for in the zoning district, to constitute a part of the rezoning or amendment to the zoning map.

1.

Such conditions may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body provided that the conditions conform to Code of Virginia, § 15.2-2297(A).

32-1-4. Posting of signs; responsibility; content.

In addition to notice of public hearings as required by the applicable statutes of the Commonwealth of Virginia, the applicant for rezoning of property, conditional or special use permits, and variances and special exceptions shall erect on or immediately adjacent to such property a sign or signs as specified herein giving public notice of the zoning action requested. The wording, size and color of such sign shall be as specified by the zoning administrator and approved by the board of supervisors.

One sign shall be erected by the applicant so as to be visible and legible to each abutting public street. Where the property has extensive road frontage, one sign shall be erected by the applicant for each 500 feet of frontage. When a property has no frontage directly on a public street, it shall be posted adjacent to the nearest public street from which future access is contemplated. Such signs shall be erected by the applicant not less than seven calendar days before any public hearing of which they give notice and removed by the applicant within two calendar days after the final public hearing before action of the board of supervisors or of [the] board of zoning appeals in cases of variances or special exceptions. Such signs shall be required for each public hearing at which the application is considered.

It shall be unlawful for any person to pull down, write on, cut or otherwise injure or deface such public notice. Any such action will constitute violation of this ordinance.

The applicant shall be responsible for the maintenance or replacement of signs obliterated or destroyed during the posting period. The zoning administrator may require the applicant to deposit with the county a cash bond equal to the replacement value of the sign.

This additional requirement for posting notice on the property is for the benefit of the public to identify the location of the property in question only and is not a legal requirement of notice. Failure to comply with the provisions of this section shall not defeat the action of the board of supervisors concerning the application. The only legal notice requirements shall be those provided by the statutes of the Commonwealth of Virginia.

(Ord. of 6-17-1998(2), § 14-1-3; Ord. of 7-14-1999)