Division 5 – Amendments

§ 19.6-49 Amendment to or repeal of regulations or map.

A. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the Board of Supervisors may, by ordinance, amend, repeal, supplement, or change these regulations, district boundaries, or classifications of property. Any such amendments may be initiated by:

(1) Resolution of the Board of Supervisors.

(2) Motion of the Planning Commission.

(3) Petition of the owner, contract purchaser with the owner’s written consent, or the owner’s agent therefor, of the property which is the subject of the proposed Zoning Map amendment.

B. Any petition submitted shall be in writing and shall be addressed to the Zoning Administrator, Board of Supervisors, or Planning Commission.

C. The Zoning Administrator shall establish and maintain the amendment application materials. These application materials shall, at a minimum, include any information the Zoning Administrator deems necessary for the Planning Commission and Board of Supervisors to evaluate adequately the amendment request. A concept plan shall accompany all map amendment requests. The concept plan shall consist of a location/vicinity map, property lines, name and address of the property owner and/or developer, Tax Map number, nature of the proposed land use, zoning district, names/route numbers of adjoining streets, access points, parking accommodations, building(s) location with setbacks, and height of building(s).

D. The Zoning Administrator shall not accept any amendment application for a lot or parcel that does not comply with the minimum lot standards as required by this chapter. If such cases arise, the applicant must first seek a variance from the Board of Zoning Appeals. If the variance is granted, then the Zoning Administrator shall accept the application for an amendment and process it according to the requirements of this chapter.

E. If any amendment application is withdrawn at the written request of the applicant to the Zoning Administrator, subsequent to the Planning Commission’s recommendation on the application, or if the Board of Supervisors denies any amendment application submitted for its review, the County shall not consider substantially the same application for the same property within one year of the application’s withdrawal or denial. The Zoning Administrator shall have the authority to determine whether new applications submitted within this one-year period are substantially the same. In making such determinations, the Zoning Administrator shall consider items such as the proposed use, density, access, building locations and overall site design.

F. An amendment application may be placed on hold at any time upon written request of the applicant. The hold shall be for a period not to exceed 12 months. Should the applicant not reactivate, it shall be considered withdrawn and subject to the requirements of this chapter for such action.

§ 19.6-50 Planning Commission study and action.

A. All proposed amendments to this chapter shall be referred by the Board of Supervisors to the Planning Commission for study and recommendation. The Planning Commission shall study proposals to determine:

(1) The need and justification for the change.

(2) When pertaining to a change in the district classification of property, the effect of the change, if any, on the property, surrounding property, and on public services and facilities. In addition, the Planning Commission shall consider the appropriateness of the property for the proposed change as related to the purposes set forth at the beginning of each district classification.

(3) The relationship of the proposed amendment to the purposes of the general planning program of the County, with appropriate consideration as to whether the change will further the purposes of this chapter and the general welfare of the entire community.

(4) Whether the proposed amendment conforms to the general guidelines and policies contained in the County Comprehensive Plan.

B. Prior to making any recommendation to the Board of Supervisors on the proposed amendment to this chapter, the Planning Commission shall advertise and hold a public hearing in accordance with the provisions of § 15.2-2204, Code of Virginia (1950), as amended. This meeting may be held jointly with the Board of Supervisors.

C. The Planning Commission shall review the proposed amendment and report its findings and recommendations to the Board of Supervisors, along with any appropriate explanatory materials, within 90 days from the date that the proposed Zoning Ordinance amendment is referred to the Planning Commission. Failure of the Planning Commission to report to the Board of Supervisors within 90 days shall be deemed a recommendation of approval. If the Planning Commission does not report within the prescribed time, the Board of Supervisors may act on the amendment without the recommendation of the Planning Commission.

D. Any recommendation of the Planning Commission shall be deemed advisory and shall not be binding on the Board of Supervisors.

§ 19.6-51 Board of Supervisors study and action.

A. Before enacting any proposed amendment to this chapter, the Board of Supervisors shall hold a public hearing as required by § 15.2-2204, Code of Virginia (1950), as amended. After holding this public hearing, the Board of Supervisors may make appropriate changes to the proposed amendment; provided, however, that no land may be zoned to a more-intensive use classification than was contained in the public notice without an additional public notice as required by state code. In the case of a proposed amendment to the Zoning Map, the public notice shall state the general usage and density range, if any, set forth in the applicable part of the Comprehensive Plan. Amendments to this chapter or the Zoning Map shall be by ordinance of the Board of Supervisors. The Board of Supervisors may take action on the proposed amendment within 12 months from the date of application.

B. The Clerk of the Board of Supervisors shall transmit to the Zoning Administrator official notice of any Board action modifying this chapter. The Zoning Administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the Zoning Ordinance text or map.

§ 19.6-52 Posting of property.

Upon receipt of an application for zoning amendment, conditional use, variance or any other type of review, the Zoning Administrator shall post a sign on the property giving proper notice of such zoning matter. The sign shall be placed within 10 feet of the public right-of-way. The sign shall be placed no more than 21 days prior to the public hearing and no less than 10 days prior to the public hearing. The sign shall be removed within five business days following the final action by the Board of Supervisors.

§ 19.6-53 Conditional zoning, generally.

A. In accordance with the authority granted to Appomattox County per § 15.2-2297 of the Code of Virginia (1950), as amended, the owner of property for which an amendment is requested may voluntarily proffer, in writing, reasonable conditions, in addition to the applicable regulations for the requested zoning district. All proffered conditions must be signed by the owner of the property.

B. Appomattox County’s acceptance of proffers pursuant to this authority shall be in accordance with the procedures and standards contained in § 15.2-2298 of the Code of Virginia (1950), as amended.

C. All conditions proffered by the owner shall meet the following standards:

(1) The rezoning itself must give rise for the need for the conditions.

(2) The conditions shall have a reasonable relation to the rezoning.

(3) The conditions shall be in conformity with the Comprehensive Plan.

(4) The conditions must be clearly understood and enforceable.

(5) The conditions must not require or allow a design or standard that is less restrictive than the general provisions of this chapter.

(6) The conditions may not include payment for or construction of off-site improvements.

(7) The conditions must relate to the physical development or physical operation of the property.

(8) The conditions shall not include a requirement that the petitioner create a property owners’ association which includes an express further condition that members of a property owners’ association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities; however, such facilities shall not include sidewalks, special street signs or markers, or special streetlighting in public rights-of-way not maintained by the Virginia Department of Transportation.

(9) The conditions shall not include a cash contribution to Appomattox County.

(10) The 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.

D. Any such conditions should be submitted prior to the start of the Planning Commission’s public hearing on the amendment. All conditions or any amendments to the conditions shall be submitted prior to the start of the meeting in which the Board of Supervisors will consider the matter. If proffered conditions which substantially modify or materially affect the nature or impact of the overall proposed use are made by the owner after the Planning Commission’s recommendation on the amendment, the Zoning Administrator shall recommend to the Board of Supervisors that the amendment be referred back to the Planning Commission for further review and consideration. The Planning Commission shall have the authority to schedule a new public hearing for any request so referred. The applicant shall be responsible for all advertising costs associated with the new public hearing.

E. The Planning Commission and/or the Board of Supervisors shall not be obligated to accept any or all of the proffers made by the property owner. Once proffered and accepted as part of an amendment to this chapter, the conditions shall continue in effect until a subsequent amendment change is enacted.

F. There shall not be any amendment or variation of any conditions proffered until after a public hearing before the Board of Supervisors advertised pursuant to § 15.2-2204, Code of Virginia (1950), as amended. Any landowner subject to the conditions of the proffer may commence, by written application, the process for amendment or variation of any conditions proffered. Where such amendment or variation is requested and does not affect the use or density, the Board of Supervisors may waive the requirement for public hearing under this section.

G. The approval of an amendment or variation by the Board of Supervisors shall not in itself cause the use of any other property to be determined a nonconforming use.

§ 19.6-54 Enforcement of conditions.

A. Pursuant to § 15.2-2286A.4, Code of Virginia (1950), as amended, the Zoning Administrator shall be vested with all necessary authority on behalf of the Board of Supervisors to administer and enforce Chapter 19.6 of the Appomattox County Code. This authority shall include:

(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.

(3) Requiring a guarantee satisfactory to the Zoning Administrator in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions; or a contract for the construction of such improvements, and the contractor’s guarantee, in like amount and so conditioned; which guarantee shall be reduced 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.

B. Failure of a property owner to meet all conditions accepted by the Board of Supervisors shall constitute cause to deny approval of a site development plan or deny issuance of a zoning permit, building permit, or certificate of zoning compliance, as may be appropriate.

§ 19.6-55 Record of conditions.

The Official Zoning Map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The Zoning Administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in a particular zoning district.

§ 19.6-56 Review of Zoning Administrator’s decisions.

Any zoning applicant or any other person aggrieved by a decision of the Zoning Administrator may petition the Board of Zoning Appeals for a review of the decision of the Zoning Administrator. All such petitions for review shall be filed with the Zoning Administrator and Clerk of the Board of Supervisors within 30 days from the date of the decision for which the review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved.

§ 19.6-57 Amendments and variations of conditions.

A. Any request by an applicant to amend conditions that were voluntarily proffered and accepted by the Board of Supervisors shall be considered an amendment to this chapter and shall be reviewed pursuant to the provisions of this chapter.

B. There shall be no amendment or variation of conditions created pursuant to the provisions of this chapter until after a public hearing by the Planning Commission and Board of Supervisors advertised pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended. The cost of all public advertisements shall be the responsibility of the applicant.