It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in such zones 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 the land similarly zoned, as allowed by the Code of Virginia, § 15.2-2296. The provisions of this section shall not be used for the purpose of discrimination in housing.

(Ord. No. 20-4, 11-24-20)

A rezoning application may include and provide for the voluntary proffering in writing by the applicant of reasonable conditions in addition to the regulations provided for the zoning district by this article, provided that:

(1)

The conditions must be proffered by the applicant prior to a public hearing before the city council;

(2)

The rezoning itself must give rise for the need for the conditions;

(3)

Such conditions shall have a reasonable relation to the rezoning;

(4)

Such conditions shall not include a cash contribution to the city;

(5)

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fire departments or other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241, as amended, repealed, reenacted, or re-codified from time to time;

(6)

The conditions shall not include a requirement that the applicant create a property owners' association under chapter 26 (Code of Virginia, § 55-508 et seq.) of tit. 55 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 not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the department of transportation;

(7)

Such conditions shall not include payment for or construction of off-site improvements except those provided for in Code of Virginia, § 15.2-2241 as amended, repealed, reenacted, or re-codified from time to time;

(8)

No condition shall be proffered that is not related to the physical development or physical operation of the property;

(9)

All such conditions shall be in conformity with the comprehensive plan for the city as defined in Code of Virginia, § 15.2-2223; and

(10)

All such conditions shall meet the requirements of the Code of Virginia, § 15.2-2297 as amended, repealed, reenacted, or re-codified from time to time.

(Ord. No. 20-4, 11-24-20)

The zoning administrator shall be vested with all necessary authority on behalf of the city council to administer and enforce conditions attached to a rezoning, 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, satisfactory to the city council, 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 city council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(Ord. No. 20-4, 11-24-20)

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 or her office and 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.

(Ord. No. 20-4, 11-24-20)

Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of section 50-202 may petition the city council for review of the decision of the zoning administrator as provided in the Code of Virginia, § 15.2-2301.

(Ord. No. 20-4, 11-24-20)

There shall be no amendment or variation of conditions created pursuant to the provisions of this division until after a public hearing before the city council advertised pursuant to the provisions of Code of Virginia, § 15.2-2204, as amended, repealed, reenacted, or re-codified from time to time.

(Ord. No. 20-4, 11-24-20)