Article IX, Sec. 26.1-71 through 26.1-81

Other

• Additional conditions proffered at least 21 days prior21 days

  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

• Amendment required for changes

  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.

• Annotation statement required

  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.'

• Conditions must relate to development

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

• ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. zoning index

  The administrator shall keep in his office and make available for public inspection a conditional zoning index.

• Conformity with 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

• Failure to meet conditions denies permits

  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.

• Administrator enforcement authority

  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.

• Zoning map shows conditions

  The zoning district map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map.

• No cash contribution

  Such conditions shall not include a cash contribution to the city

• No housing discrimination

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

• No mandatory dedication

  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

• No off-site improvements

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

• No rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. beyond chapter

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

• Proffered conditions must be in writing

  voluntarily proffer in writing such reasonable conditions

• No reconsideration within one year1 year

  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.

• Separate and supplemental

  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.

• Petition to city council for review

  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.

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

  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.

• Development plans must be in substantial conformity

  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.