The intent of this article is to provide a more flexible and adaptable zoning method to cope with situations found in zoning districts whereby zoning reclassification may be allowed subject to certain conditions preferred by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. This article is authorized by Code of Virginia, § 15.2-2298.

(Code 1988, § 9-136; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

An owner may proffer reasonable conditions, in addition to the regulations established elsewhere in this chapter, as part of an amendment to zoning district regulations or the zoning district map.

(Code 1988, § 9-137; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The proffered conditions shall be in writing and shall be made prior to the public hearing before the town council. The council may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal.

(Code 1988, § 9-138; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The following conditions and limitations apply as to the proffered conditions:

(1)

The rezoning itself must give rise to the need for the conditions.

(2)

The conditions proffered shall have a reasonable relation to the rezoning.

(3)

All conditions must be in conformity with the town's comprehensive plan.

(4)

All conditions must comply with Code of Virginia, § 15.2-2298.

(Code 1988, § 9-139; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The zoning administrator shall be vested with all necessary authority on behalf of the town council to administer and enforce conditions attached to a rezoning or amendments to the zoning map, 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 an injunction, abatement, or other appropriate action or proceeding.

(3)

Requiring a guarantee, satisfactory to the town council in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee may be reduced or released by the town council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(4)

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.

(Code 1988, § 9-140; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The zoning map shall show by 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.

(Code 1988, § 9-141; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

Any zoning applicant who is aggrieved by the decision of the zoning administrator pursuant to the provisions of section 30-194 may petition the town council for the review of the decision of the zoning administrator.

(Code 1988, § 9-142; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

There shall be no amendment or variation of conditions created pursuant to the provisions of section 30-193 until after a public hearing before the town council advertised pursuant to the applicable provisions of state law.

(Code 1988, § 9-143; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)