It is the general policy of the City of Covington, in accordance with the provisions of Code of Virginia, §§ 15.2-2296 through 15.2-2302, to provide for the orderly development of land, for all purposes, through zoning and other land development controls. In certain cases, in order to be more flexible and adaptable in the zoning of areas within the city which are undergoing changes, conditional zoning may be used in order to allow a rezoning with certain conditions and safeguards applied.

Such conditions may be proffered by the zoning applicant for the protection of the community. They shall be the type of conditions that are not generally applicable to land similarly zoned, but shall not be for the purpose of discrimination in housing.

(Ord. No. O-20-14, 6-14-2022)

A zoning applicant may include in his request for a change in zoning, reasonable voluntary conditions, prior to a public hearing before the city council, that are in addition to the regulations provided for in the zoning classification that is sought by the applicant; provided that:

(i)

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

(ii)

Such conditions shall have a reasonable relation to the rezoning;

(iii)

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

(iv)

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 Code of Virginia § 15.2-2241;

(v)

Such conditions shall not include payment for or construction of off-site improvements except those provided for Code of Virginia § 15.2-2241;

(vi)

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

(vii)

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

Once proffered and accepted as part of an amendment to this ordinance, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(Ord. No. O-20-14, 6-14-2022)

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 or amendment to a zoning map, including:

(I)

The ordering in writing of the remedy of any noncompliance with such conditions;

(II)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; and

(III)

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. 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.

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 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.

In addition, the zoning administrator shall cause to be recorded in the clerk's office of the circuit court of Alleghany County, Virginia, any conditions approved by the city council pursuant to a rezoning request. The recordation shall be accomplished prior to the issuance of any building permit and the cost of same shall be borne by the applicant.

Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of this article may petition the city council for the review of the decision of the zoning administrator. All such petitions for review shall be filed with the zoning administrator and with the clerk of the city council within 30 days from the date of the decision for which review is sought, and such petitions shall specify the grounds upon which the petitioner is aggrieved.

State Law reference— Similar provisions, Code of Virginia, § 15.1-491.5.

There shall be no amendment or variation of conditions created pursuant to the provisions of this article, until after a public hearing before the city council advertised pursuant to the provisions of Code of Virginia, § 15.2-2204.

(Ord. No. O-20-14, 6-14-2022)

Should any land not be used as conditionally zoned within one year of the date of rezoning, then said conditional zoning shall expire and the parcel or tract shall revert to its previous zoning status.

APPENDICES