[Amended 6-16-2004]
The regulations, restrictions and boundaries established in
this chapter may, from time to time, be amended, supplemented, changed,
modified, or repealed by the governing body, provided:
A. The Planning Commission shall hold at least one public hearing on
such proposed amendment after notice of intention to do so and the
governing body shall hold at least one public hearing before approving
and adopting said amendment after notice of intent to do so has been
published once a week for two successive weeks in some newspaper having
general circulation in Amelia County. Such notice shall specify the
time and place of the hearing at which persons affected may appear
and present their views, not more than 21 days and not less than five
days after the second advertisement. Such notification is pursuant
to § 15.2-2204, Code of Virginia 1950, as amended.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. Pursuant to public notice, as required by § 15.2-2204,
Code of Virginia 1950, as amended, 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. An affirmative vote of at least a majority of the members of the
governing body shall be required to amend this chapter.
D. Such notice for both the Planning Commission and the governing body
may be published concurrently. If such joint hearing is held, then
public notice, as set forth by § 15.2-2204, Code of Virginia
1950, as amended, need be given only by the governing body.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E. When a proposed amendment of this chapter involves a change in the
zoning classification of 25 or fewer parcels of land, written notice
shall be given by the Planning Commission at least five days before
the hearing to the owner(s), their agent or the occupant of all abutting
property and property immediately across the street or road from the
property affected. Also, written notice shall be given to the owner(s),
their agent or the occupant of all abutting property and property
immediately across the street from the property affected which lies
in an adjoining county or municipality of the commonwealth. Notice
sent by registered or certified mail to the last-known address of
such owner(s) as shown on the current real estate tax assessment books
shall be deemed adequate compliance with this requirement. A certification
by the Zoning Administrator that notice has been mailed to the property
owner and all adjoining property owners may be substituted for the
registered or certified letters.
F. If a public hearing is continued, notice shall be mailed. Costs of
any notice required under § 15.2-2204, Code of Virginia
1950, as amended, shall be taxed to the applicant. Whenever the notices
required hereby are sent by an agency, department or division of the
governing body such notices may be sent by first-class mail; provided,
however, that a representative of such agency, department or division
shall make affidavit that such mailings have been made and file such
affidavit with the papers in the case.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G. A rezoning request is considered as an "amendment" to this chapter.
Such request shall be made by application to the Zoning Administrator
accompanied by fees, as determined by the governing body. Request
for rezoning requires an advertised public hearing, as set forth in
this article and in § 15.2-2204, Code of Virginia 1950,
as amended. Among the factors to be taken into account in consideration
of any rezoning request are the location, nature and extent of the
proposed activity or use and the possible adverse effects of the said
rezoning.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H. Following the withdrawal of a rezoning request by the applicant,
or disapproval of the rezoning request by the governing body, the
applicant shall receive no refund of fees and shall have a twelve-month
waiting period prior to the submission of an application on the same
rezoning request.