[Added 6-29-1987]
The purpose of conditional zoning is to provide
a method for permitting the reasonable and orderly development and
use of land in those situations in which peculiar specific circumstances
indicate that the existing Zoning Ordinance district regulations are
not adequate. In such instances, the reasonable conditions voluntarily
proffered by the owner of the subject property to which such conditions
are applicable for the protection of the community (which conditions
are not generally applicable to other land similarly zoned), when
considered with existing Zoning Ordinance regulations, should cause
the requested rezoning to be compatible with existing zoning and uses
in the area.
A.
The owner of the property which is the subject of
a rezoning request shall, if he elects to obtain conditional zoning,
voluntarily proffer, in writing, such conditions as he deems appropriate
at the time of filing an application to rezone the property or by
such later date as the Planning Commission shall establish in its
rules and regulations, but in any event before the Planning Commission
makes its recommendation to the City Council.
B.
In the event that the additions thereto or modifications
thereof are desired by the owner of the property which is the subject
of the rezoning request, the same shall be made, in writing, not less
than 21 days prior to the time at which the Planning Commission makes
recommendation to the City Council, unless the Planning Commission:
C.
The City Council may consider additional proffers,
deletions and/or amendments to all such conditions, provided that
the same have been voluntarily proffered, in writing, by the owner
of the property which is the subject of the rezoning request prior
to the public hearing at which the City Council renders its decision
thereon.
The City Council may approve reasonable conditions
to rezoning, provided that the following criteria are met:
A.
The rezoning itself must give rise for the conditions.
B.
Such conditions shall have a reasonable relation to
the rezoning.
C.
Such conditions shall not include a cash contribution
to the City.
D.
Such conditions shall not include a mandatory dedication
of real or personal property for open space, parks, schools, fire
departments or other public facilities, except those otherwise authorized
by law.
E.
Such condition shall not include the payment for construction
of off-site improvements, except those sewerage or drainage facilities
otherwise authorized by law.
F.
No condition shall be proffered that is not related
to the physical development or physical operation of the property.
G.
Such condition shall be in conformity with the City's
Comprehensive Plan.
H.
The provisions of this chapter shall not be used for
the purpose of discrimination in housing.
A.
The Zoning Map shall show by an appropriate symbol
the existence of conditions attached to the zoning or the map.
B.
The Zoning Administrator shall maintain a conditional
zoning index, which index shall be available in the Zoning Administrator's
office for public inspection during regular office hours. The index
shall provide ready access to the ordinance creating such conditions
in accordance with this article and shall clearly list all conditions
applicable to each.
In order to ensure the intent and purpose of
conditional zoning approved in accordance with this article, the Zoning
Administrator or his agents shall be vested with all necessary authority
on behalf of the City Council to administer and enforce conditions
attached to a rezoning or amendment or a zoning map,
A.
Ordering, in writing, compliance with such conditions.
B.
The bringing of appropriate legal action or proceedings
to ensure compliance.
C.
Requiring a guaranty or contract, or both, for the
construction of physical improvements required by the condition(s).
D.
The denial of zoning certificates with regard to the
issuance of any required use, occupancy or building permit.
Any person who is aggrieved by the Administrator's decision or actions under § 160-171 of this chapter regarding enforcement and guaranties may petition the City Council for review of such decision(s). Such petition shall be filed with the Administrator no less than 30 days prior to a regularly scheduled meeting of the City Council designated for the hearing of zoning matters. The Administrator shall forward the petition and the justification for his decision(s) to the City Council and to the aggrieved person no less than 10 days prior to the next regularly scheduled meeting. Notice shall be given to all parties as required by § 15.1-431, Code of Virginia.
All amendments and/or variations of adopted
conditions shall be made in accordance with the provisions of the
City Zoning Ordinance and other applicable law.
After the City Council has taken official action
either granting, denying or permitting the withdrawal of a petition
for any change in zoning or any change of zoning conditions, no other
petitions for substantially the same change(s) shall again be considered
in less than six months from the date of such official action.
