[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and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified, or repealed by the governing body, provided: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.
[Amended 12-17-2003]
A. 
It is the general policy of the County in accordance with the provisions of § 15.2-2296 of the Code of Virginia 1950, as amended, to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in districts through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this section shall not be used for the purpose of discrimination in housing and shall conform with the provisions of § 15.2-2298, Code of Virginia 1950, as amended.
B. 
The applicant may make a voluntary proffering, in writing, of reasonable conditions, prior to a public hearing before the Planning Commission, in addition to the regulations provided for the zoning district by this section, as a part of a rezoning or amendment to a Zoning Map, provided that:
(1) 
The rezoning itself must give rise to the need for the conditions;
(2) 
Such conditions shall have a reasonable relation to the rezoning;
(3) 
Such conditions may include a cash contribution to the County;
(4) 
Such conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in § 15.2-2241, Code of Virginia 1950, as amended;
(5) 
No conditions shall be proffered that are not related to the physical development or physical operation of the property; and
(6) 
All such conditions shall be in conformity with the duly adopted Comprehensive Plan, if applicable.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
A draft of all the applicant's proffers shall be submitted as part of the application in a format established by the Zoning Administrator. The Planning Commission reserves the right to recommend denial to the governing body of any map amendment to this chapter in which the applicant proposes proffers which the Planning Commission finds unacceptable as good zoning practice. Prior to final action by the governing body, the proffers shall be completed and signed by the applicant and shall be binding on the applicant once the application for the zoning change is approved.
D. 
The Zoning Administrator shall be vested with all necessary authority to administer and enforce conditions attached to a rezoning or amendment to a Zoning Map, including:
(1) 
The ordering, in writing, of the remedy of any noncompliance with such conditions;
(2) 
The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and
(3) 
Requiring a guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the governing body, or agent thereof, 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 of the required use, occupancy or building permits, as may be appropriate.
E. 
The Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The Zoning Administrator shall keep in his/her office and shall make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone.
F. 
Any zoning applicant who is aggrieved by the decision of the Zoning Administrator, pursuant to the provisions of § 15.2-2311, Code of Virginia 1950, as amended, may petition the Board of Zoning Appeals for the review of the decision of the Zoning Administrator.
G. 
Any conditional rezoning request approved by the Board of Supervisors shall begin the active use of the property within 24 months of the approval and shall complete construction within 60 months or the property shall revert to the original zoning classification, unless amended by mutual consent of the applicant and the Board of Supervisors.
H. 
There shall be no amendment or variation of conditions created pursuant to this section until after a public hearing before the governing body advertised pursuant to the provisions of § 15.2-2204, Code of Virginia 1950, as amended.
I. 
These conditional zoning provisions shall be applied under the guidance of a proffer policy duly adopted by the Board of Supervisors for these purposes, which may be amended and updated from time to time as deemed necessary and appropriate by the Board.
A. 
A parcel of land that has been rezoned at the request of the owner shall retain the rezoned status as long as the land use agrees with such status. In the event of a parcel being rezoned with no building activity taking place within one year of the rezoning, such parcel may revert to the previous zoning status at the pleasure of the governing body.
B. 
Prior to any reversion action by the governing body, the property owner(s) shall be duly notified.