Subject to the requirements of the Charter and this article, the Council may, from time to time, after receiving the recommendation of the Planning Commission, amend, supplement or repeal the regulations and restrictions and the boundaries of the districts established by this chapter.

(Code 1993, § 32-1100; Code 2004, § 114-1100; Code 2015, § 30-1100)

Amendment, supplementation or repeal of the regulations and restrictions and the boundaries of the districts established by this chapter may be initiated by the Council or any member thereof, by motion of the Planning Commission, by request of the Mayor, the Chief Administrative Officer or any City agency or by petition of any individual. Such petition, addressed to the Council, shall be reviewed by the Director of Planning and Development Review and shall be filed with the City Clerk.

(Code 1993, § 32-1110; Code 2004, § 114-1110; Code 2015, § 30-1110; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2009-221-2010-9, § 1, 1-25-2010)

The Planning Commission shall hold a public hearing on any ordinance to amend, supplement or repeal the sections of this chapter or the boundaries of the districts established by this chapter. Notice of the time and place of such public hearing shall be given in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished by the City Assessor and shall be as shown on the then-current tax records of the City.

(Code 1993, § 32-1120; Code 2004, § 114-1120; Code 2015, § 30-1120; Ord. No. 2019-085, § 2, 4-22-2019)

The City Council shall hold a public hearing on the ordinance to amend, supplement or repeal the sections of this chapter or the boundaries of the districts established by this chapter. Notice of the time and place of such public hearing shall be given in accordance with general law. The names and addresses of all property owners within the City to whom notices are to be sent shall be furnished by the City Assessor and shall be as shown on the then-current tax records of the City.

(Code 1993, § 32-1130; Code 2004, § 114-1130; Code 2015, § 30-1130; Ord. No. 2019-085, § 2, 4-22-2019)

In the case of each application for a change in the boundaries of a zoning district, it shall be the responsibility of the Department of Planning and Development Review to post on the property that is the subject of such change, a sign or signs notifying interested parties of the application and pending public hearings thereon. Such sign(s) (i) shall be posted at least 15 days prior to the scheduled Planning Commission public hearing on the application, (ii) shall remain on the property until final disposition of the application by the City Council, and (iii) shall comply with any applicable standards established by the Department of Planning and Development Review and approved by resolution of the Planning Commission.

(Code 2004, § 114-1140; Code 2015, § 30-1140; Ord. No. 2006-259-262, § 1, 10-23-2006; Ord. No. 2015-148-158, § 1, 7-27-2015)

If a protest is filed with the City Clerk against an amendment, supplement or repeal of the sections of this chapter, signed and acknowledged before a person authorized to administer oaths, by the owners of 20 percent or more of the total area of the lots included in such proposed change or of the total area of the lots outside of the proposed change, any point in which is within 150 feet of the boundary of such area, the Council shall not adopt the ordinance making such amendment, supplement or repeal by less than seven affirmative votes.

(Code 1993, § 32-1150; Code 2004, § 114-1150; Code 2015, § 30-1150)

(a)

A petition for amendment, supplementation or repeal of the regulations and restrictions and the boundaries of the districts established by this chapter shall be accompanied by a fee of $1,500.00 plus $100.00 per acre, which shall be paid into the City treasury. A fee of $250.00 shall accompany each continuance of a rezoning caused by the applicant.

(b)

Approval of a change in the boundaries of the districts established by this chapter shall not be granted until satisfactory evidence has been presented to the Secretary of the Planning Commission that any delinquent real estate taxes applicable to the subject property have been paid.

(Code 1993, § 32-1160; Code 2004, § 114-1160; Code 2015, § 30-1160; Ord. No. 2007-54-121, § 1, 5-29-2007; Ord. No. 2010-237-2011-16, § 1, 1-24-2011; Ord. No. 2014-260-2015-10, § 1, 1-12-2015)

(a)

Pursuant to applicable provisions of Code of Virginia, §§ 15.2-2296 and 15.2-2298, the purpose of conditional zoning is to recognize that 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.

(b)

It is, therefore, the purpose of this division to provide a more flexible and adaptable zoning method to cope with such situations through conditional zoning, whereby a change in the zoning classification of property 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. It is the intent of the City Council that this division shall not be used for the purpose of discrimination in housing.

(Code 1993, § 32-1170.1; Code 2004, § 114-1170.1; Code 2015, § 30-1170.1)

(a)

Proffered conditions. In conjunction with an application for rezoning of property and as a part of a proposed amendment to the zoning map as described in Division 1 of this article, 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 such conditions meet the criteria set forth in this division.

(b)

Submission of conditions. The owner may submit such conditions at the time of application for rezoning or at any other time prior to introduction of an ordinance to rezone the subject property. The Planning Commission and the City Council shall not be obligated to accept any of the proffered conditions.

(c)

Additions, deletions or modifications to conditions. If additions, deletions or other 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 City Council. The City 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 City Council is to consider the application for rezoning. When additions, deletions or modifications to conditions are proposed after the Planning Commission makes its recommendation, the City Council may refer the rezoning application back to the Commission for further review and action, provided that, where such additions, deletions or modifications to conditions are less restrictive than the conditions considered by the Planning Commission, the City Council shall refer the rezoning application back to the Commission.

(Code 1993, § 32-1170.2; Code 2004, § 114-1170.2; Code 2015, § 30-1170.2; Ord. No. 2004-350-328, § 1, 12-13-2004; Ord. No. 2007-43-56, § 1, 3-26-2007)

(a)

Criteria. All conditions proffered pursuant to this division shall meet the following criteria:

(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 be in conformity with the master plan for the City.

(4)

The conditions shall not impose upon the applicant the requirement to create a property owners' association under the Property Owner's Association Act, Code of Virginia, § 55-508 et seq., which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the City.

(5)

The conditions shall not be less restrictive than the sections of this chapter and shall not require or permit a standard that is less than required by any applicable law.

(6)

The conditions shall be drafted in such manner as to be clearly understandable and enforceable.

(b)

Conditions involving dedication of real property or payment of cash. If proffered conditions include the dedication of real property or the payment of cash, the property shall not transfer and the payment of cash shall not be made until the facilities for which the property is dedicated or cash is tendered are included in the capital improvement program, provided the City Council may accept proffered conditions which are not normally included in the capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of the property or cash payment if the property or cash payment is not used for the purpose for which proffered.

(c)

Reasonable conditions designated. Reasonable conditions may include the payment of cash for any off-site road improvement or any off-site transportation improvement that is adopted as an amendment to the required comprehensive plan and incorporated into the capital improvements program, provided that nothing herein shall prevent the City from accepting proffered conditions which are not normally included in a capital improvement program. For purposes of this section, the term "road improvement" includes construction of new roads or improvement or expansion of existing roads as required by applicable construction standards of the Virginia Department of Transportation to meet increased demand attributable to new development. For purposes of this section, the term "transportation improvement" means any real or personal property acquired, constructed, improved, or used for constructing, improving, or operating any (i) public mass transit system or (ii) highway, or portion or interchange thereof, including parking facilities located within a district created pursuant to this title. Such improvements shall include, without limitation, public mass transit systems, public highways, and all buildings, structures, approaches, and facilities thereof and appurtenances thereto, rights-of-way, bridges, tunnels, stations, terminals, and all related equipment and fixtures.

(Code 1993, § 32-1170.3; Code 2004, § 114-1170.3; Code 2015, § 30-1170.3)

State Law reference— Additional conditions, Code of Virginia, § 15.2-2298.

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

(Code 1993, § 32-1170.4; Code 2004, § 114-1170.4; Code 2015, § 30-1170.4)

If conditions proffered pursuant to this division include a requirement for the dedication of real property of substantial value or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, no amendment to the zoning map for the property subject to such conditions nor the conditions themselves nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the City Council, which eliminate or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property, shall be effective with respect to the property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.

(Code 1993, § 32-1170.5; Code 2004, § 114-1170.5; Code 2015, § 30-1170.5)

(a)

Authority of Zoning Administrator. 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 the following:

(1)

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

(2)

The bringing of legal action to ensure compliance with 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 Council or its agent upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part.

(b)

Denial of permits and approvals. Failure to meet all conditions attached to an amendment to the zoning map shall constitute cause to deny approval or issuance of any required site plan, certificate of zoning compliance, building permit, or certificate of use and occupancy, as may be appropriate.

(Code 1993, § 32-1170.6; Code 2004, § 114-1170.6; Code 2015, § 30-1170.6; Ord. No. 2024-314, § 2, 12-9-2024)

The zoning map shall show, by an appropriate symbol on the map, the existence of conditions attached to the zoning. The Zoning Administrator shall keep in the Administrator's Office and make available for public inspection a conditional zoning index. The index shall provide ready access to each ordinance creating conditions, in addition to the regulations provided for in a particular zoning district.

(Code 1993, § 32-1170.7; Code 2004, § 114-1170.7; Code 2015, § 30-1170.7)

(a)

Any rezoning applicant or any other person who is aggrieved by a decision of the Zoning Administrator made pursuant to Section 30-1170.6 may petition the City Council for review of such decision by filing a petition with the Zoning Administrator and with the City Clerk within 30 days of the decision. Such petition shall specify the grounds upon which the petitioner is aggrieved.

(b)

The City Council shall review the appealed decision using the same process as the Zoning Administrator, but shall not be bound by the Zoning Administrator's conclusions or findings. However, the City Council shall not modify or delete any condition attached to a zoning map amendment except by a formal amendment made pursuant to the provisions of this article.

(c)

A fee of $400.00 shall accompany each petition for City Council review, which fee shall be paid into the City treasury.

(d)

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.

(Code 1993, § 32-1170.8; Code 2004, § 114-1170.8; Code 2015, § 30-1170.8)

State Law reference— Review of decisions of Zoning Administrator, Code of Virginia, § 15.2-2301.

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 this article and applicable sections of State law.

(Code 1993, § 32-1170.9; Code 2004, § 114-1170.9; Code 2015, § 30-1170.9)