It is the policy of the city in accordance with the provisions of Article 2 to provide for the orderly development of land, for all purposes, through zoning and other land development regulation. Frequently, where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases, more flexible and adaptable zoning methods are needed to permit differing land uses, and at the same time to recognize effects of change. It is the purpose of this article to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not generally applicable to land similarly zoned. The provisions of this article shall not be used for the purpose of discrimination in housing and shall conform to the 1950 Code of Virginia, as amended, Section 15.1-491.1.

(Ord. No. 86-90, § 2, 10-7-1986)

Any applicant may proffer in writing any reasonable conditions, prior to a public hearing before the city council, in addition to the regulations provided for within the rezoning district by this chapter, as part of a rezoning or amendment to the zoning map; 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;

(5)

Such conditions shall no include payment for or construction of off-site improvements except those provided for in City Codes;

(6)

No conditions shall be proffered that are not related to the physical development or physical operation of the property; and

(7)

All such conditions shall be in conformity with the general plan as defined in proffers.

A draft of all of the applicant's proffers shall be submitted as part of the application in a format established by the zoning administrator. The city council reserves the right to reject or amend any proffer prior to making a decision on the map amendment to the zoning ordinance.

Prior to final action by the city council, the proffers shall be completed and signed by the applicant and shall be binding on the applicant once the application is approved.

(Ord. No. 86-90, § 2, 10-7-1986)

The zoning administrator shall be vested with all necessary authority on behalf of the city council to administer and enforce conditions attached to a rezoning or amendment to the zoning map, including:

(1)

The ordering in writing of the remedy of any noncompliance with such conditions;

(2)

The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and

(3)

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, upon the submission of satisfactory evidence that construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee may be reduced or released by the city, upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits.

(Ord. No. 86-90, § 2, 10-7-1986)

The zoning map shall show by an appropriate symbol, the existence of conditions attaching to the zoning on the map. The zoning administrator shall keep 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 or zone.

(Ord. No. 86-90, § 2, 10-7-1986)

Any zoning applicant who is aggrieved by the decision of the zoning administrator pursuant to the provisions of Article 27 may petition the board of zoning appeals for the review of the decision of the zoning administrator.

(Ord. No. 86-90, § 2, 10-7-1986)

There shall be no amendment or variation of conditions created pursuant to the provisions of Article 26A until after a public hearing before the city council advertised pursuant to the provisions of Article 28.

(Ord. No. 86-90, § 2, 10-7-1986)