Lexington City Zoning Code
ARTICLE XVII
Amendments
§ 420-17.1 General procedure for proposed text amendments.
A.
If, in any district established under this chapter, a use is not specifically permitted and an application is made by a property owner or his agent to the Zoning Administrator for such use, the application shall be referred to the Planning Commission. The Planning Commission may hold a public hearing, as set forth in § 420-17.2, and shall advise the governing body whether to:
B.
If after 100 days no recommendation has been made, the governing body shall assume that the Planning Commission concurs with the applicant and supports amending this chapter, and the City Council shall thereafter take any action it deems appropriate.
§ 420-17.2 Amendments.
A.
Procedure. The regulations, restrictions and boundaries established in this chapter may, from time to time, be amended, supplemented, changed, modified or repealed by a majority of favorable votes of the City Council, subject to the following:
(1)
This chapter shall not be amended or reenacted unless the City Council has referred the proposed amendment or reenactment to the Planning Commission for its recommendations. Failure of the Commission to report 100 days after the first meeting of the Commission after the proposed amendment or reenactment has been referred to the Commission shall be deemed approval unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of the time period.
(2)
Pursuant to Code of Virginia § 15.2-2286(A)(7), any amendment to this chapter may be initiated by:
(a)
Resolution of the City Council;
(b)
Resolution of the Planning Commission; or
(c)
Petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed Zoning Map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body.
(3)
Public notice.
(a)
In accordance with § 15.2-2204 of the Code of Virginia, the Planning Commission shall not recommend nor shall the City Council adopt any plan, ordinance or amendment until notice of intention to do so has been published once a week for two successive weeks in some newspaper published or having general circulation in the City, provided that such notice for both the Planning Commission and the City Council may be published concurrently. Such notice shall specify the time and place of a hearing at which persons affected may appear and present their views, not less than five days nor more than 21 days after the second advertisement shall appear in such newspaper. The subject matter of the public hearing need not be advertised in full but may be advertised by reference. Each such advertisement shall contain a reference to the places within the City where copies of the proposed plans, ordinances or amendments may be examined. In the case of a proposed amendment to the Zoning Map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the Comprehensive Plan. No land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice pursuant to § 15.2-2204.
(b)
The Planning Commission and City Council may hold a joint public hearing after public notice as set forth herein, and if such joint hearing is held, public notice as set forth above need be given only by the City Council. The term "two successive weeks," as used in this subsection, shall mean that such notice shall be published at least twice in such newspaper, with not less than six days elapsing between the first and second publications.
(c)
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, written notice shall be given at least five days before the hearing to the owner or owners, their agent or the occupant of each parcel involved, to the owners, their agent or the occupant of all abutting property and property immediately across the street or road from the property affected, and, if any portion of the affected property is within a planned unit development, then to such incorporated property owners' association within the planned unit development that has members owning property located within 2,000 feet of the affected property. Notice shall also be given to the owner, the owner's agent or the occupant of all abutting property and property immediately across the street from the property affected which lies in Rockbridge County. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment records shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be remailed.
(4)
Individual property owners may petition the City Council to have their property rezoned by submitting their requests in writing, accompanied by payment of applicable fees to defray the cost of advertising and administration, to the Administrator. Action shall be taken on each such petition in conformity with the provisions of this section, including the requirements for public notice. Planning staff shall also place a sign provided by the City on the subject property which indicates that this action is pending. This sign shall be located to be clearly visible from the street.
[Amended 3-21-2019 by Ord. No. 2019-04]
(5)
Every action contesting a decision of the local governing body adopting or failing to adopt a proposed zoning ordinance or amendment thereto or granting or failing to grant a special exception shall be filed within 30 days of the decision with the circuit court having jurisdiction of the land affected by the decision. Nothing in this subsection shall be construed to create any new right to contest the action of a local governing body.
§ 420-17.3 Conditional zoning.
A.
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 unique, specific circumstances indicate that the existing zoning ordinance district regulations are not adequate. In these instances, reasonable conditions voluntarily proffered by the owner of the property to which the proffered conditions will be applicable for the protection of the community when combined with existing zoning ordinance district regulations would cause the requested rezoning to be compatible with existing zoning and land uses in the area.
B.
Proffer of conditions. Any owner of property making application for a change in zoning or an amendment to the Zoning Map may, as part of the application, voluntarily proffer, in writing, reasonable conditions which shall apply to the subject property in addition to the regulations provided for in the zoning district sought in the rezoning application. Any such proffered conditions must be made prior to any public hearing before the City Council (including joint public hearings with the Planning Commission), be in accord with the procedures and standards contained in § 15.2-2297 of the Code of Virginia, and shall be subject to the following limitations:
(1)
The rezoning itself must give rise to the need for the conditions;
(2)
The conditions shall have a reasonable relation to the rezoning;
(3)
The conditions shall not include a cash contribution to the City;
(4)
The 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 in § 15.2-2241;
(5)
The conditions must not require the mandatory creation of a property owners' association under Chapter 26 Title 55 of the Code of Virginia;
(6)
No condition shall be proffered that is not related to the physical development or physical operation of the property. The conditions must not include payment for, or construction of, off-site improvements except those provided for in § 15.2-2241 of the Code of Virginia;
(7)
All conditions proffered shall relate to the physical development or operation of the property.
(8)
All such conditions shall be in accordance with the Comprehensive Plan.
(9)
The Council shall not be obligated to accept any or all of the conditions proffered by the owner.
C.
Effect of conditions. Upon the approval of any such rezoning, all conditions proffered and accepted by the governing body shall be deemed a part thereof and nonseverable therefrom and shall remain in force and effect until amended or varied by City Council. All such conditions shall be in addition to the regulations provided for in the zoning district to which the land is rezoned.
D.
Zoning Map notation and records. Each conditional 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 zoning index which shall provide ready access to the ordinance creating such conditions and which shall be available for public inspection. The Zoning Administrator shall update the index annually and no later than November 30 of each year.
E.
Submittal requirements. Each application for rezoning which proposes proffered conditions to be applied to the property shall be accompanied by the following items beyond those required by conventional rezoning requests:
(1)
A statement describing the nature of the proposed development and explaining the relationship of the development to the Comprehensive Plan.
(2)
A statement setting forth a maximum number of dwelling units or lots proposed, including density and open space calculations where applicable to any residential development, or a statement describing the types of uses proposed and the approximate square footage for each nonresidential development.
(3)
A statement detailing any special amenities that are proposed.
(4)
A statement of the public improvements both on and off site that are proposed for dedication and/or construction and an estimate of the date for providing such improvements.
(5)
A site plan listing and detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of such conditions.
(6)
A statement setting forth the proposed approximate development schedule.
(7)
A signed statement by both the applicant and owner in the following form: "I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission."
F.
Time period for conditional zoning authorization. A conditional zoning authorization shall expire 12 months after its adoption if a building permit has not been issued for the proffered development and construction initiated. A twelve-month extension to a conditional zoning authorization may be granted by the Planning Commission.
G.
Procedural regulations and requirements. Proffered conditions shall include written statements, development plans and materials proffered in accordance with the provisions of this section and approved by the governing body in conjunction with the approval of an amendment to the Zoning Map. Upon approval, any site plan, subdivision plat, or development plan thereafter submitted for the development of the property in question shall be in substantial conformance with all proffered conditions, and no development shall be approved by any City official in the absence of substantial conformance. For the purpose of this section, "substantial conformance" shall be defined as that conformance which leaves a reasonable margin for adjustment due to final engineering data but conforms to the general nature of the development, the specific uses and the general layout depicted by the plans and other materials presented by the applicant and/or the owner.
H.
Enforcement and guarantees.
(1)
The Zoning Administrator shall be vested with all necessary authority on behalf of the City to administer and enforce conditions attached to a rezoning or amendment to a Zoning Map, including:
(a)
Ordering, in writing, of the remedy of any noncompliance with such conditions;
(b)
Bringing legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and
(c)
Requiring a bond or other surety in an amount sufficient for or 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 may be released by the Zoning Administrator upon the submission of satisfactory evidence that the construction of such improvements has been completed in whole or in part.
(2)
Failure to meet all conditions shall cause the Zoning Administrator to deny the issuance of any required use, occupancy, or building permits as may be appropriate.
I.
Petition for review of decision.
(1)
Any zoning applicant or other person who is aggrieved by the decision of the Zoning Administrator under Subsection H of this section may petition the governing body for review of such decision. Any such appeal shall be filed within 30 days from the date of the action complained of and shall be instituted by filing with the Zoning Administrator and with the City Manager a notice of appeal specifying the grounds under which the petitioner is aggrieved. The Zoning Administrator shall transmit to the governing body all of the papers constituting the record upon which the action appealed from was taken, and the governing body shall proceed to hear the appeal at its next regularly scheduled meeting. An appeal shall stay all proceedings and furtherance of the action appealed from unless the Zoning Administrator certifies to the governing body, after the notice of appeal has been filed with him, that by reason of the fact stated in the certificate a stay will, in his opinion, cause imminent peril to life or property. In such case, the proceeding shall not be stayed otherwise than by a restraining order which may be granted by the governing body or by a court of record on application or notice to the Zoning Administrator and on due cause shown.
(2)
Pursuant to Code of Virginia § 15.2-2301, a decision by the governing body on an appeal taken in accordance with this section shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided written notice of the zoning violation, written determination, or other appealable decision. An aggrieved party may petition the circuit court for review of the decision of the City Council on an appeal taken pursuant to this section.
J.
Any request by an applicant to amend or vary conditions that were voluntarily proffered and accepted by the City Council shall be reviewed and processed pursuant to Code of Virginia § 15.2-2302.
K.
Time limit for reconsideration of applications. After the City Council has taken official action denying an application for conditional zoning or for an amendment to the approved conditions for a conditional zoning, no other application for substantially the same changes shall be again considered until 12 months from the date of such official action.