Edinburg City Zoning Code
ARTICLE IX
Miscellaneous
§ 175-57 Amendments; public hearing.
Use or any other regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by a favorable majority of votes of the governing body, provided that a public hearing shall be held in relation thereto at which parties in interest and citizens shall have an opportunity to be heard. Notices shall be given of the time and place of such hearings by publication in at least two issues of some newspaper having a general circulation in the jurisdiction, as set forth in § 15.2-2204 of the Code of Virginia, as amended. Not less than six days shall elapse between the first and second publication. Such notice shall specify the time and place of hearing at which persons affected may appear and present their views. After enactment of any such plan, ordinance or amendment, further publication thereof shall not be required.
§ 175-58 Notice to abutting property owners.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
When a proposed amendment of this chapter involves a change in the zoning classification of 25 or fewer parcels of land, then, in addition to the advertising as above required, notice in accordance with § 15.2-2204 of the Code of Virginia, as amended, shall be given by the Commission at least five days before the hearing to the owner or owners, their agent or the occupant of each parcel involved, and to the owners, their agent or the occupant of all abutting property and property immediately across the street or road from the property affected, including those parcels that lie in other localities of the commonwealth.
§ 175-59 Conditional zoning.
[Added 7-13-2004]
A.
An application for rezoning (amendment of the Zoning Map) may, as a part of the rezoning application, voluntarily proffer, in writing, reasonable conditions to become a part of the requested zoning on the property, pursuant to the provisions of § 15.2-2298, Code of Virginia. All such proffered conditions shall be in addition to the regulations for the zoning district as set forth in this chapter, except to the extent that an approved proffer modifies the regulations.
B.
Any proffer shall meet the following criteria:
(1)
The rezoning itself gives rise to the need for the conditions.
(2)
The conditions have a reasonable relation to the rezoning;
(3)
All conditions are in conformity with the Town Comprehensive Plan.
(4)
In the event proffered conditions include the dedication of real property or payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the Town Capital Improvement Program, provided that nothing herein shall prevent a locality from accepting proffered conditions which are not normally included in a capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.
C.
An applicant may amend a proffer at any time prior to the public hearing before the Town Council, but not thereafter.
D.
Effect of the proffered conditions by subsequent ordinance amendments.
(1)
Upon the approval of a rezoning with proffered conditions, the conditions approved shall be a part of the rezoning on the property and nonseverable therefrom. The conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions; however, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new substantially revised zoning ordinance.
(2)
Notwithstanding the foregoing, in the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the Zoning Map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the Town Council, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to the property, shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.
E.
Each rezoning shall be designated on the Zoning Map by an appropriate symbol designed by the Zoning Administrator. In addition, the Zoning Administrator shall keep and maintain a Conditional Index, which shall be available for public inspection and which shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in the particular zoning district.
F.
The Zoning Administrator is vested with all necessary authority on behalf of the Town Council to administer and enforce conditions attached to a rezoning, including:
(1)
The ordering in writing or the remedy of any noncompliance with the conditions.
(2)
The bringing of legal action to insure compliance with the conditions, including 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 a contract for the construction of the improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the governing body, or agent thereof, upon the submission of satisfactory evidence that construction of the improvements has been completed in whole or in part.
G.
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.
H.
Any person who is aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of Subsections F and G, above, may petition the Town Council for review of the decision of the Zoning Administrator. All petitions for review shall be filed with the Zoning Administrator and with the Clerk of the Town Council within 30 days from the date of the decision for which review is sought and shall specify the grounds upon which the petitioner is aggrieved.