[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and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified, or repealed by the governing body, provided: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.