Division 15, Sec. 50-200 through 50-205

Other

• Amendments require public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.

  There shall be no amendment or variation of conditions created pursuant to the provisions of this division until after a public hearing before the city council advertised pursuant to the provisions of Code of Virginia, § 15.2-2204, as amended, repealed, reenacted, or re-codified from time to time.

• Conditions must be proffered prior to public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.

  The conditions must be proffered by the applicant prior to a public hearing before the city council;

• Conditions must conform to comprehensive planComprehensive planThe long-range policy document zoning is meant to implement; it is not itself binding law.

  All such conditions shall be in conformity with the comprehensive plan for the city as defined in Code of Virginia, § 15.2-2223;

• Zoning administrator enforces conditions

  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, including: The ordering in writing of the remedy of any noncompliance with such conditions; The bringing of legal action to ensure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding; and 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.

• No cash contributions to city

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

• No mandatory dedication of property

  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fire departments or other public facilities not otherwise provided for in Code of Virginia, § 15.2-2241, as amended, repealed, reenacted, or re-codified from time to time;

• No off-site improvements except allowed

  Such conditions shall not include payment for or construction of off-site improvements except those provided for in Code of Virginia, § 15.2-2241 as amended, repealed, reenacted, or re-codified from time to time;

• No POA assessment for public facilities

  The conditions shall not include a requirement that the applicant create a property owners' association under chapter 26 (Code of Virginia, § 55-508 et seq.) of tit. 55 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 department of transportation;

• Zoning map and index show conditions

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

• Conditions must relate to physical development

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

• Petition for review of decision

  Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of section 50-202 may petition the city council for review of the decision of the zoning administrator as provided in the Code of Virginia, § 15.2-2301.