Hillsville City Zoning Code
ARTICLE XIX
Conditional Zoning
§ 171-104 Purpose.
A.
Pursuant to applicable provisions of §§ 15.1-491.1 through 15.1-491.6, Code of Virginia 1950, as amended, the purpose of conditional zoning is to recognize that frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate, and that in such cases more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize the effects of change.
B.
It is, therefore, the intent of this Article to provide a more flexible and adaptable zoning method to cope with such situations, whereby a change in the zoning classification of property may be allowed subject to certain conditions proffered by the petitioner for the protection of the community that are not generally applicable to land similarly zoned.
C.
It is the intent of the Town Council that the provisions of this Article shall not be used for the purpose of discrimination in housing.
§ 171-105 Procedure for conditional zoning.
A.
Conditions may be proffered. In conjunction with a petition to change the zoning classification of property and as a part of a proposed amendment to the Zoning Map[1] as described in Article XX of this chapter, the owner of such property may voluntarily proffer, in writing, reasonable conditions in addition to the regulations specified for the zoning district by this chapter, provided that such conditions meet the criteria in § 171-106 of this Article.
[1]
Editor's Note: The Zoning Map is on file and available for inspection in the office of the Town Manager.
B.
Submission of conditions. The owner may submit such conditions at the time of submission of the petition to change the zoning classification of the property or at any other time before the Planning Commission makes its recommendation on the petition to the Town Council.
C.
Modifications to conditions.
(1)
In the event that additions, deletions or modifications to conditions are desired by the owner of the property that is the subject of the rezoning request, they shall be made, in writing, to the Planning Commission before the Commission makes its recommendation to the Town Council.
(2)
The Town Council may consider additional conditions, deletions or modifications to conditions after the Planning Commission makes its recommendation, provided that such are voluntarily proffered, in writing, prior to the public hearing at which the Town Council is to consider the petition.
§ 171-106 Permitted conditions as part of a rezoning or amendment to rezoning map.
The Town 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 town.
D.
Such conditions shall not include 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 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 town's Comprehensive Plan.
H.
The provisions of this chapter shall not be used for the purpose of discrimination in housing.
§ 171-107 Record of conditional zoning.
A.
The Zoning Map shall show by an appropriate symbol the existence of conditions attached to the zoning of the map.
B.
The Zoning Administrator shall maintain a conditional zoning index which 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 the article and shall clearly list all conditions applicable to each.
§ 171-108 Enforcement and 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 Town Council to administer and enforce conditions attached to a rezoning or amendment or a Zoning Map, including:
A.
Ordering, in writing, compliance with such conditions.
B.
Bringing of appropriate legal action or proceedings to ensure compliance.
C.
Requiring a guaranty or contract, or both, for construction of physical improvements required by conditions.
D.
Denial of zoning permits and certificates of zoning compliance for failure to meet conditions.
§ 171-109 Review of Zoning Administrator's decision.
A.
Any person who is aggrieved by any decision of the Zoning Administrator pursuant to the provisions of § 171-108 of this Article may petition the Town Council for review of such decision by filing a petition with the Zoning Administrator and with the Town Council within 30 days of the decision. Such petition shall specify the grounds upon which the petitioner is aggrieved.
B.
In deciding any such case, the Town Council shall have the same authority as vested in the Zoning Administrator, but shall not modify or delete any condition attached to a Zoning Map amendment except by formal amendment pursuant to the applicable provisions of this Article.
§ 171-110 Amendments and variations of conditions.
Amendments and variations of conditions attached to a Zoning Map amendment shall be made only after public notice and hearing in the same manner as an original Zoning Map amendment and in accordance with the provisions of this Article and applicable provisions of Title 15.1, Code of Virginia 1950, as amended.
§ 171-111 Time limit on repeat petitions.
After the Town Council has taken official action either granting, denying or permitting 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 12 months from the date of such official action.