16-1
Procedures for amendment.

The regulations, restrictions and boundaries established in this ordinance may, from time to time, be amended, supplemented, changed, modified, or repealed by the governing body pursuant to Section 15.2-2285 of the Code, as follows:

16-1-1
A petition for rezoning shall be made by all property owners, contract purchaser with the owners' written consent, or the owners' agent. The petition shall be submitted to the Planning and Zoning Director together with a Minor Site Plan pursuant to Article 13, Section 13-1-2 of this Chapter and the required fee.

16-1-2
By the adoption by the governing body of a resolution of intention to amend, which resolution, upon adoption, shall be referred to the Planning Commission.

16-1-3
By the adoption by the Planning Commission of a resolution of intention to propose an amendment.

(Ord. No. O2010-05, § 1, 7-13-10)

16-2
Public hearing.

16-2-1
The Planning Commission shall hold at least one (1) public hearing on such proposed amendment after notice as required by Section 15.2-2204 of the Code of Virginia, and may make appropriate changes in the proposed amendment as a result of such hearing. Upon the completion of its work, the Commission shall present the proposed amendment to the governing body together with its recommendations and appropriate explanatory materials.

16-2-2
No change shall be made by the governing body in the zoning ordinance or zoning map unless the governing body has referred the proposed change to the Planning Commission for its recommendations. Failure of the Commission to report sixty (60) days after the first meeting of the Commission after the proposed change has been referred to the Commission, shall be deemed approval.

16-2-3
Before approving and adopting any amendment, the governing body shall hold at least one (1) public hearing thereon, pursuant to public notice as required by Section 15.2-2204 of the Code of Virginia, 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 Section 15.2-2204 of the Code of Virginia. An affirmative vote of at least a majority of the members of the governing body shall be required to amend the zoning ordinance.

(Ord. No. O2010-05, § 1, 7-13-10)

16-3
Denial of petition to amend.

In the event that the governing body shall deny the petition of any property owner or other petitioner to amend this ordinance, substantially the same petition shall not be reconsidered for a period of one (1) year from the date of the original denial by the governing body.

16-4
Conditional zoning.

16-4-1
In order to provide for the orderly development of land in special situations where existing zoning district regulations are inadequate to protect the community, rezonings or amendments to the zoning map may be allowed subject to conditions voluntarily proffered by the zoning applicant that are not generally applicable to land similarly zoned.

16-4-2
The governing body may approve reasonable conditions in addition to existing zoning district regulations as part of a rezoning or amendment of the zoning map, provided that the conditions meet the following criteria:

(a)

The rezoning itself must give rise to the need for conditions.

(b)

All conditions shall have a reasonable relation to the rezoning.

(c)

No condition shall include a cash contribution to the County.

(d)

No condition shall include a mandatory dedication of real or personal property for open space, parks, schools, fire stations or other public facilities except those provided for by law.

(e)

No condition shall include payment for or construction of off-site improvements except those otherwise provided for by law.

(f)

All conditions shall relate to the physical development or physical operation of the property.

(g)

All conditions shall be in conformity with the County's comprehensive plan.

(h)

No condition shall be used for the purpose of discrimination in housing.

16-4-3
The owner or owners of the property which is the subject of a conditional rezoning request shall voluntarily proffer in writing such conditions as he deems appropriate at the time of filing an application to rezone the property or by such later date as the planning commission shall establish in its rules and regulations, but in any event before the commission makes its recommendation to the governing body.

The governing body may consider additional proffers, deletions, and/or amendments to all such conditions provided same have been voluntarily proffered in writing by the owner of the property which is the subject of the rezoning request prior to the public hearing before the governing body.

After the public hearing before the governing body has commenced, should additional or modified conditions be proffered by the applicant, which conditions were discussed at the public hearing before the planning commission, then a second public hearing before the governing body shall be held before the application and the modified conditions can be approved.

Should additional conditions be proffered by the applicant at the time of the public hearing before the governing body, which conditions were not addressed at the public hearing before the planning commission, or if the proffered conditions are modified beyond the scope of any conditions considered at the public hearing before the planning commission, the application shall be the subject of a second public hearing before the planning commission and governing body.

If the amendment to the zoning map is adopted subject to the conditions proffered by the applicant as set forth above, then the property in question shall be appropriately annotated on the zoning map and all other land records referencing the conditions as adopted.

Such conditions shall become a part of the zoning regulations applicable to the property in question, unless subsequently changed by an amendment to the zoning map, and such conditions shall be in addition to the specific regulations set forth in this ordinance for the zoning district in question.

Upon approval, any site plan, subdivision plat, or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations, or other demonstrative materials, and no development shall be approved by any county official in the absence of said substantial conformity.

For the purposes of this section, substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment due to final engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations, and other demonstrative materials presented by the applicant.

Once conditions have been approved, and there is cause for an amendment which would not be in substantial conformity with the proffered conditions, then an application shall be filed for an amendment. Such amendment shall be the subject of public hearing in accordance with the provisions of Section 16-2 of this ordinance.

16-4-4
Proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations, photographs of models, and/or other demonstrative materials.

All such materials shall be annotated with the following statement signed by the owner or owners of the subject property: "I (we) hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."

16-4-5
The zoning map shall show by an appropriate symbol the existence of conditions attaching to the zoning on the map.

The zoning administrator shall maintain a conditional zoning index which shall be available in his office for public inspection during regular office hours. The index shall provide ready access to the ordinance creating such conditions in addition to the regulations provided for in a particular zoning district.

16-4-6
The zoning administrator shall be vested with all the necessary authority on behalf of the governing body to administer and enforce conditions attached to such rezoning or amendment of the zoning map, including:

(a)

The ordering in writing of the remedy of any noncompliance with such conditions.

(b)

The bringing of appropriate legal action to insure compliance with such conditions.

(c)

The requiring of a guarantee or contract or both for construction of physical improvements required by such condition(s).

(d)

The denial of zoning certification with regard to the issuance of any required use, occupancy or building permit.

16-4-7
Any zoning applicant who is aggrieved by the decision of the Planning and Zoning Director under Section 16-4-5 may petition the governing body for review of such decision(s).

Such petition shall be filed with the Planning and Zoning Director within thirty (30) days after the decision. The Planning and Zoning Director may schedule an appeal hearing by the governing body within forty-five (45) days of receipt of written notice of appeal. The Planning and Zoning Director shall forward the petition and justification for the decision(s) to the governing body and aggrieved person no less than ten (10) days prior to the next regularly scheduled meeting of the governing body. Written notice of such meeting shall be given to all parties as required by Section 15.2-2204 of the Code of Virginia.

(Ord. No. O2010-05, § 1, 7-13-10)