Whenever public necessity, convenience, general welfare or good zoning practice require, and subject to the procedures and requirements set forth in Section 15.2-2285 and 15.2-2286 of the Code of Virginia, 1950, as amended, the regulations, restrictions and district boundaries established by the Ordinance may be amended, supplemented, changed or repealed by ordinance adopted by the Board of Supervisors.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 consistent with state law and the requirements for adoption of ordinances.

(Ord. of 10-12-2001)

9-2.1. Board or Commission Action. The Board of Supervisors may from time to time, on its own or upon motion of the Planning Commission, or on petition as hereinafter provided, after public hearing(s) as required by law, and after report by the Planning Commission, amend, supplement, change or repeal the district boundaries on the official zoning map or any of the provisions of this Ordinance contained herein or subsequently established.

9-2.2. Owner Amendment. A petition to amend this Ordinance or change the zoning district boundaries herein or subsequently established may be filed with the Zoning Administrator by the owner(s) or representative agent of the owner(s) of an area proposed to be rezoned. Such petition 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 filing fee and a certified plat, legal description, or such other documentation as prescribed by written policy established by the Planning Commission. The information for a zoning map amendment application shall be consistent with the requirements for a zoning permit application in Section 8-3.3. The amendment application shall also require an oath regarding property interest of local officials as allowed in Section 15.2-2287 of the Code of Virginia, and complete disclosure of ownership as allowed in Section 15.2-2289.

9-2.3. Hearing and Notice Required. A joint or separate public hearing of the Planning Commission and Board of Supervisors shall be held on any proposed amendment to the provisions of this Ordinance, including amendments to zoning district boundaries, subject to public notice requirements of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Nothing in this article shall require two public hearings if a joint public hearing is held.

9-2.4. Report of Planning Commission. No action shall be taken by the County Board of Supervisors upon any motion or petition to amend this Ordinance until such motion or petition has been referred to the Planning Commission for a report thereon and until such report has been received from the Planning Commission.

9-2.5. Final Action by Board of Supervisors. After receiving a report from the Planning Commission and after giving public notice and holding a public hearing, if the Board of Supervisors did not attend a joint public hearing with the Planning Commission, 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 15.2-2204 of the Code of Virginia, 1950, as amended.

9-2.6. 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 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 Clerk for the Board of Supervisors. In the case of withdrawal, no further action on the amendment is necessary.

9-2.7. Filing of New Petition After Rejection. When any petition for a proposed change in this Ordinance has been denied by the County Board of Supervisors, no subsequent petition for the same, or substantially the same change, in whole or in part, shall be filed with or accepted by the Zoning Administrator, or any proceeding therefore commenced or maintained, within 12 months of the date of the action of the County Board of Supervisors denying said proposed change.

(Ord. of 10-12-2001)

9-3.1. Conditions for Rezoning. Any owner of property making application for a change in zoning or amendment to the zoning map as part of the application may voluntarily proffer in writing reasonable conditions, prior to a public hearing before the Board of Supervisors. These conditions, which would be in addition to the regulations and requirements for the zoning district or zone by this chapter, would become a part of the rezoning or amendment to a zoning map; provided that:

(a)

The rezoning itself must give rise for the need for the conditions;

(b)

Such conditions shall have reasonable relation to the rezoning;

(c)

The conditions shall not include a cash contribution to the locality;

(d)

The conditions shall not include a requirement that the applicant create a property owners association, as specified in Section 15.2-2297 of the Code of Virginia;

(e)

Such conditions shall not include mandatory dedication of real or personal property for open space, park, schools, fire departments or other public facilities not otherwise provided for in the Code of Virginia;

(f)

Such conditions shall not include payment for construction of off-site improvements except those provided for in Section 15.2-2241 of the Code of Virginia;

(g)

No condition shall be proffered that is not related to the physical development or physical operation of the property; and

(h)

All such conditions shall be in conformity with the comprehensive plan as defined in the Code of Virginia.

9-3.2. Effect of Conditions. Upon the approval of any such rezoning or amendment to this chapter all conditions proffered and accepted by the Board of Supervisors shall be deemed part thereof and nonseverable therefrom and shall remain in force and continue in effect until amended or modified by the Board of Supervisors in accordance with Code of Virginia, however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. All such conditions shall be in addition to the regulations provided for by this Chapter for the zoning district.

9-3.3. Zoning Map Notation and Records. Each conditional rezoning shall be designated on the zoning map by an appropriate symbol determined by the Zoning Administrator. In addition, the Zoning Administrator shall keep and maintain a conditional zoning index which shall be available for public inspection and which shall provide ready access to the Board of Supervisors action creating such conditions.

9-3.4. Submittal Requirements. Each application for rezoning which proposes conditions to be applied to the written request shall be accompanied by the following items beyond those required by conventional rezoning requests:

(a)

A statement detailing the nature and location of any proffered conditions and those proposed circumstances that prompted the proffering of such conditions.

(b)

A signed statement by both the applicant and owner in the following form:

I 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.

9-3.5. Enforcement and Guarantees. The Zoning Administrator shall be vested with all necessary authority on behalf of the County to Administer and enforce conditions attached to the rezoning or amendment to a zoning map including:

(a)

The order in writing of the remedy of any noncompliance with such conditions;

(b)

The bringing of legal action to ensure compliance with such conditions including injunction, abatement or other appropriate action or proceeding; and

(c)

Requiring a guarantee in an amount sufficient for or conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the guarantee, in like amount and so conditioned, which guarantee may be reduced and/or released by the Zoning Administrator upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Provided further that failure to meet all conditions shall constitute cause to deny the issuance of any required use, occupancy or building permits as may be appropriate.

(Ord. of 10-12-2001)

Every action contesting a decision of the Board of Supervisors adopting or failing to adopt a proposed amendment to the zoning ordinance shall be filed within 30 days of the decision with the Smyth County Circuit Court as provided in Section 15.2-2285(f) of the Code of Virginia, as amended. However, nothing in this section shall be construed to create any new right to contest the action of a local governing body.

(Ord. of 10-12-2001)