Where competing and incompatible uses conflict, more flexible and adaptable zoning methods are needed to permit differing land uses and at the same time to recognize and compensate for effects of change. It is the purpose of this section 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 order to do so, this section shall provide a zoning method as authorized under §15.2-2296, Code of Virginia 1950, as amended, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community even though said conditions may not be generally applicable to land similarly zoned. While the conditions may vary from property to property by reason of the nature of the use and different circumstances at a particular location, it is not the intention of this section to authorize conditions limited to a particular individual or group, owner or operation.

(Ord. of 1-5-16, § 1(Exh. A)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrator shall mean the zoning administrator of the City of Norton.

Proffered conditions shall mean voluntarily offered conditions, and shall include written statements, development plans, profiles, elevations, and/or other demonstrative materials.

Substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(Ord. of 1-5-16, § 1(Exh. A)

Cross reference— Definitions and rules of construction generally, § 1-2.

As a part of a petition for rezoning or amendment of the zoning district map, the owner or owners of the property may, at the time of filing the petition 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, voluntarily proffer in writing such reasonable conditions, in addition to the regulations provided for the zoning district or districts as herein set forth, as he deems appropriate for the particular case; provided that:

(1)

The rezoning itself must give rise for the need for the conditions;

(2)

Such conditions shall have a reasonable relation to the rezoning;

(3)

Such conditions shall not include a cash contribution to the city;

(4)

Such 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 the subdivision ordinance;

(5)

Such conditions shall not include payment for or construction of off-site improvements except those provided for in the subdivision ordinance;

(6)

No condition shall be proffered that is not related development or physical operation of the property;

(7)

All such conditions shall be in conformity with the comprehensive plan;

(8)

The provisions of this section shall not be used for the discrimination in housing; and

(9)

The provisions of this section shall not allow any rezoning to be performed which would not otherwise be allowed under this chapter.

Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the owner or owners of the subject property: "I (we) 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."

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(Ord. of 1-5-16, § 1(Exh. A)

Additional conditions or modified conditions may be proffered in writing by the applicant not less than twenty-one (21) days prior to the time at which the planning commission makes recommendation to the city council, unless the planning commission:

(1)

Specifically waives such time period; and

(2)

Specifically establishes such greater or lesser time period as it deems reasonable.

Should additional conditions be proffered by the applicant at the time of the public hearing before the city council, which conditions were not addressed at the public hearing before the planning commission, or if the proffered conditions are modified beyond the scope of any conditions considered at the public hearing before the planning commission, the application shall be the subject of a second public hearing before both the planning commission and the city council, which hearing may be either separately or jointly held.

(Ord. of 1-5-16, § 1(Exh. A)

The zoning district map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The 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. Such conditions shall become a part of the zoning regulations applicable to the property in question, regardless of changes in ownership or operation, unless subsequently changed by an amendment to the zoning district map, and such conditions shall be in addition to the specific regulations set forth in this article for the zoning district in question.

(Ord. of 1-5-16, § 1(Exh. A)

The administrator shall be vested with all necessary authority on behalf of the city council to administer and enforce conditions attached to such rezoning or amendment to the zoning district map, including: (a) the ordering in writing of the remedy of any noncompliance with such conditions; (b) the bringing of legal action to insure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; and (c) requiring a guarantee, satisfactory to the city 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 such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the city council, or agent thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Provided, further, that 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.

(Ord. of 1-5-16, § 1(Exh. A)

Upon approval, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations, or other demonstrative materials, and no development shall be approved by any city official in the absence of said substantial conformity.

(Ord. of 1-5-16, § 1(Exh. A)

Once conditions have been approved, and there is cause for an amendment which would not be in substantial conformity with the proffered conditions, then an application shall be filed for an amendment. If the amendment concerns an approved site plan, such application shall include the submission requirements for a site plan set forth in this chapter, except that the zoning administrator may waive any submission requirement if such requirement is not necessary for an adequate review of the site plan amendment application. Such amendment shall be the subject of public hearing on accordance with the requirements for a new application.

(Ord. of 1-5-16, § 1(Exh. A)

Any zoning applicant who is aggrieved by the decision of the administrator pursuant to the provisions of section 26.1-76 above may petition the city council for the review of the decision of the administrator.

(Ord. of 1-5-16, § 1(Exh. A)

Whenever a petition requesting an amendment, supplement, or change has been denied by the city council, such petition, or one substantially similar, shall not be reconsidered sooner than one year after the previous denial.

(Ord. of 1-5-16, § 1(Exh. A)

The provisions contained in this section shall be considered separate from, supplemental to, and additional to the provisions contained elsewhere in this chapter or elsewhere in the Code of the City of Norton. Nothing contained in this section shall be construed as excusing compliance with all other applicable provisions of this chapter or the Code of the City of Norton.

(Ord. of 1-5-16, § 1(Exh. A)