The purpose of conditional zoning is to provide a more flexible and adaptable zoning method for permitting the reasonable and orderly development of land uses which are competing and incompatible with existing or authorized uses on adjoining or nearby land. The owner of the property subject to the existing zone may voluntarily proffer in writing certain conditions as to the use and development of the property which reclassification may be allowed for the protection of the community. These conditions are not necessarily applicable to other land similarly zoned, but cause the requested rezoning to be compatible with existing zoning and uses in the area.

Conditional zoning is subject to the following limitations:

(1)

The rezoning itself must give rise to the need for conditional zoning.

(2)

All conditions shall have reasonable relation to the rezoning.

(3)

No conditions shall include a cash contribution to the city.

(4)

No condition shall require mandatory dedication of real or personal property for open space, parks, schools, fire stations or other public facilities, except those otherwise authorized by law.

(5)

No condition shall include payment for construction of off-site improvements, except those sewerage or drainage facilities otherwise authorized by law.

(6)

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

(7)

All conditions shall be in conformity with the city's comprehensive plan.

(8)

The provisions of this article shall not be used for the purpose of discrimination in housing.

(a)

The proffer, acceptance and imposition of conditions pursuant to this article shall be made as prescribed in this section.

(b)

The proffer of conditions shall be submitted in writing to the city manager's office prior to the deadline for preparation of the advertisement of the public hearing by the planning commission. Proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations and other demonstrative materials. Should the applicant intend to advance proffers, all statements submitted with an application for rezoning shall be annotated with the following statement and signed by the applicant.

"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."

(c)

The planning commission shall hold a public hearing on the proposed zoning change before submitting its recommendations to the city council.

(d)

The city council, upon receiving the recommendation of the planning commission on the proposed zoning change, shall hold a public hearing on the said proposed zoning change, including such recommendations as may be submitted to the city council by the planning commission. The city council shall, prior to adopting any ordinance accepting and imposing proffered conditions, find:

(1)

That the proposed rezoning is proper and appropriate notwithstanding the proffer of conditions; and

(2)

That the conditions proffered are in compliance with the limitations set forth in section 2-2 of this article.

(e)

Once proffered conditions are signed and made available, and the public hearing before the council has commenced, no change or modification to any condition shall be made, except in accordance with the provisions of subsection (f) of this section.

(f)

After the council public hearing has commenced, should additional or modified conditions be proffered by the applicant and owner, the council may approve the modified conditions.

(a)

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, including:

(1)

Ordering, in writing, compliance with such conditions.

(2)

Bringing of appropriate legal action or proceeding to ensure compliance.

(3)

Requiring a guarantee or contract, or both, satisfactory to the city council, for construction of physical improvements required by the conditions.

(4)

Denial of zoning certification with regard to the issuance of any required use, occupancy or building permit.

(b)

Any person who is aggrieved by the zoning administrator's decision or actions under this section may petition the city council for review of such decision. Such petition shall be filed with the zoning administrator within 30 days after receipt of the zoning administrator's decision by the aggrieved party. The zoning administrator shall forward the petition and the justification for his decision to the city council and to the aggrieved person. Written notice of the meeting of the city council to consider the petition shall be given to all parties, as required by Code of Virginia, § 15.1-431.

If an amendment to the zoning map is adopted, the zoning map shall be properly annotated by an appropriate symbol on said map showing the existence of conditions attaching to the zoning on said map. The zoning 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 or zone.

Any application for rezoning that is pending at the time of the adoption of this article, for which a public hearing has already been held and which otherwise would be subject to the conditions of this article, may be disposed of pursuant to the terms of this article without further public hearings.