Hampton

No building permit to construct the authorized improvements has been issued within twelve (12) months of the date of approval by the city council, or if no building permit is required, if the use is not established within twelve (12) months of the date of approval by the city council;

Once the property may be occupied, if the property is not used for the permitted purpose for a continuous two-year period unless otherwise specified in the zoning ordinance.

Minor modifications to approved terms and conditions of a use permit may be authorized by the director of the department of community development or his designee when such modifications do not: expand or significantly alter the location or boundaries of the use; conflict with specific requirements of this chapter; decrease the width or depth of any yard, setback or buffer area; significantly alter points of access to the property or the internal arrangement of site plan elements; or have an appreciable effect on surrounding properties.

Any use legally established prior to October 9, 1996 shall be considered a nonconforming use.

The use permit and all its conditions shall apply to the property for which it is issued so long as such property is used for the permitted purpose, regardless of changes in the ownership of the property

A non-refundable application fee of seven hundred fifty dollars ($750.00) plus one hundred dollars ($100.00) per acre or portion thereof, except that Qualified Arts and Cultural Businesses located in a designated Arts and Cultural District shall be eligible for a 100% reduction in the rezoning application fee

Consideration of proposed amendments to zoning district boundaries, to classifications of property or conditional zonings may include, but need not be limited to, the adopted comprehensive plan and capital improvements plan, the timing of the proposed development, the relation of the proposed and existing development of utilities and public facilities; and the net public costs of the development.

Any petition for which the parcel involved or structure on the parcel does not meet minimum area or dimensional restrictions shall be processed nevertheless, but shall not be approved by city council unless it finds that either special circumstances pertinent to the site or special conditions attached to the petition pursuant to this section satisfactorily offset the negative effects inherent in the area or dimensional deficiency.

Proffers shall only be accepted as conditions attached to the conditional rezoning if they meet the following criteria: (a) the rezoning itself must give rise for the need for the condition; (b) such conditions shall have a reasonable relation to the rezoning; (c) all such conditions shall be in conformity with the comprehensive plan; (d) such conditions shall be capable of being readily and effectively enforced by the City of Hampton at the time of development of the property; and (e) such conditions shall be deemed necessary and sufficient to offset identified problems caused by the rezoning in a manner not readily available by traditional zoning methods.

Each conditional zoning petition shall be accompanied by a certificate of title, prepared and signed by an attorney licensed to practice law in the Commonwealth of Virginia. The certificate of title shall describe the property that is the subject of the petition and shall identify all parties having a recorded interest in the property, including legal and equitable owners, and shall state the source of title or interest for each party. The certificate of title shall state the date through which the attorney examined the title to the property, which date shall not be more than six (6) months prior to the date of filing the petition.

No later than thirty (30) days after receipt of the proffers, the planning director shall submit to the applicant a written statement identifying deficiencies in the proffered conditions, if any, or identifying any additional information needed.

The applicant may make additional changes to the written proffer after the planning director schedules the complete application for a public hearing before the planning commission, provided that such changes are in writing and are submitted at least thirty (30) days prior to the planning commission public hearing.

where the written proffer provides for cash contribution, dedication of real property or payment for or construction of substantial public improvements, the planning director may require that the amended proffer be submitted at least forty-five (45) days prior to the public hearing

The planning commission shall not consider any proffer not made available for public review for at least thirty (30) days prior to the scheduled public hearing.

The city council may also accept any modified proffered condition once the public hearing has begun if the amended proffer does not materially affect the overall proposal. Otherwise a modified proffer may be accepted only with the concurrence of all parties to the proffer, and only after a new public hearing is held before city council to consider the modified proffer with the modified proffer being submitted in writing to the planning director at least ten (10) days prior to said public hearing.

If the city council approves the conditional zoning petition and accepts the written proffer, the city attorney shall, within ten (10) days of the city council's action, examine the appropriate records so as to determine whether any change in the interest of the property has occurred since the date of the certificate of title

he shall notify the petitioner in writing that the proffer will not be recorded and that city council's action in approving the conditional zoning will be rescinded and void unless an appeal is filed for a hearing before the city council within sixty (60) days of the date of the city attorney's letter.

Upon approval, any site plan, subdivision plat, or development plan thereafter submitted for the development of the subject property shall be in substantial conformity with all proffers, plans, profiles, elevations, or other submissions, and no development shall be approved by any city official in the absence of such substantial conformity.

written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing.

With the exception of conditional zoning petitions, a deferral under this subsection shall be granted for a period not to exceed the second regularly scheduled planning commission meeting after the date of the deferral.