Galax City Zoning Code
ARTICLE XVII
Conditional Zoning
§ 160-167 Purpose.
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.
§ 160-168 Approval of conditions as part of rezoning request.
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.
§ 160-169 Criteria for approval of conditions.
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.
§ 160-170 Record and index of conditional zoning.
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.
§ 160-171 Enforcement guaranties.
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.
§ 160-172 Review of Administrator's decision.
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.
§ 160-173 Amendments and variations to be in accordance with other standards.
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.
§ 160-174 Repeat petitions.
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.