Sec. 35.1-43.1. Conditional zone or zone approval.
(a) Purpose of conditional zoning. The purpose of conditional zoning is to provide a method for permitting the reasonable and orderly development and use of land in those situations in which peculiar specific circumstances indicate that the existing zone ordinance district regulations are not adequate. In such instances reasonable conditions voluntarily proffered by the owner of the subject property to which such conditions are applicable for the protection of the community (which conditions are not generally applicable to other land similarly zoned) when considered with existing zoning ordinance district regulations should cause the requested rezoning to be compatible with existing zoning and uses in the area.
(b) Approval of conditions as part of a rezoning amendment to zoning map. The owner of the property which is the subject of a rezoning request shall, if he or she elects to obtain conditional zoning, voluntarily proffer in writing such conditions as he or she deems appropriate at the time of filing an application to rezone the property or by such later date as the commission shall establish in its rules and regulations; but in any event before the planning commission makes its recommendation to city council.
In the event that additions thereto or modifications thereof are desired by the owner of the property which is the subject of the rezoning request the same shall be made in writing no less than twenty-one (21) days prior to the time at which the planning commission makes recommendation to city council unless the commission:
(1) Specifically waives such time period; or
(2) Specifically establishes such greater or lesser time period as it deems reasonable.
City council may consider additional proffers, deletions, and/or amendments to all such conditions provided same have been voluntarily proffered in writing by the owner of the property which is the subject of the rezoning request.
(c) Permitted conditions as part of a rezoning or amendment to rezoning map. City council may approve reasonable conditions to rezoning; provided, that the following criteria are met:
(1) The rezoning itself must give rise to the need for the conditions.
(2) Such conditions shall have a reasonable relation to the rezoning.
(3) Such conditions shall not include a cash contribution to the city.
(4) Such conditions shall not require mandatory dedication of real or personal property for open space, parks, schools, fire stations, or other public facilities not otherwise authorized by law.
(5) Such conditions shall not include payment for or 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 such conditions shall be in conformity with the city's comprehensive plan.
(8) The provisions of this ordinance shall not be used for the purpose of discrimination in housing.
(d) Records of conditional zoning.
(1) The zoning map shall show by an appropriate symbol the existence of conditions attached to the zoning.
(2) The city planner shall maintain a conditional zoning index which index shall be available in the planning division office for public inspection during regular office hours. The index shall provide ready access to the ordinance creating such conditions in accordance with the article and shall clearly list all conditions applicable to each.
(3) Before any permits can be issued to begin construction or for the occupancy of an existing structure, the petitioner shall file and record in the office of the clerk of the circuit court of the city of Lynchburg, Virginia, the conditions approved by city council.
These conditions shall be indexed under the names of the landowners of the property being conditionally zoned. The petitioner shall submit a notarized letter to the clerk of city council, the zoning administration and the city planner certifying that the conditions have been recorded with the clerk of the circuit court.
(e) Enforcement and guarantees. In order to ensure the intent and purpose of conditional zoning approved in accordance with this article, the zoning administrator or his or her agents shall be vested with all necessary authority on behalf of city council to administer and enforce conditions attached to a zoning or amendment or a zoning map 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 for construction of physical improvements approved as condition(s) of the rezoning.
(4) Denial of zoning certification with regard to the issuance of any required use, occupancy or building permit.
(5) Making an annual compliance report to the city planner on the anniversary of such approval certifying compliance with such conditions.
(f) Review of zoning administrators' decision. Any applicant who is aggrieved by the zoning administrators' decision or actions under subsection E regarding enforcement of guarantees as provided for in subsection E above may petition the city council for review of such decision(s). Such petition shall be filed with the zoning administrator no less than thirty (30) days prior to a regularly scheduled meeting of city council designated for hearing of zoning matters. The zoning administrator shall forward the petition and the justification for his or her decision(s) to city council and to the aggrieved person no less than ten (10) days prior to the next regularly scheduled meeting designated for hearing of zoning matters. Written notice of such meeting shall be given to all parties as required by Section 15.1-431 of the Code of Virginia.
(g) Amendments and variations of conditions. All amendments and/or variations of adopted conditions shall be made in accordance with provisions of Section 35.1-43 above and other applicable law.
(h) After city council has taken official action either granting, denying, or permitting withdrawal of a petition for any change in zoning or any change of zoning conditions, no other petitions for substantially the same change(s) shall again be considered in less than twelve (12) months from the date of such official action. (Ord. No. O-80-101, § 2, 4-22-80; Ord. No. O-06-090, 7-11-06)
Last updated date: 10/23/2006 4:15:21 PM