A.
Purpose of this section. It is the general policy of the Town, in accordance with the laws of the Commonwealth of Virginia, to provide for the orderly development of land, for all purposes, through zoning and other land development regulation. 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 land uses and at the same time to recognize effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in such zoning through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions voluntarily proffered by the zoning applicant for the protection of the community that is not applicable to land similarly zoned.
B.
Proffer of conditions. The owner or owners of property making an application for a change in zoning or amendment to a zoning map, as part of their application, may voluntarily proffer in writing reasonable conditions which shall be in addition to the regulations provided for in the zoning district or zone sought in the rezoning application. The conditions shall be proffered as a part of the requested rezoning or amendment to the Town's Zoning Map prior to a public hearing before the Town Council. Proffers shall be signed by the owner of the property and be approved as to form by the Town Attorney. Proffers should be submitted before the Planning Commission considers the application so that the proffer can be reviewed as part of the Planning Commission recommendation. However, original proffers, additional proffers or amended proffers may be offered at any time prior to the public hearing before the Town Council. Town Council may, but is not required to, refer any application back to the Planning Commission for additional review and recommendations.
C.
Approval of conditions. The Town Council may approve conditions proffered pursuant to this section 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 Town;
(4)
Such conditions shall not include mandatory dedication of real or personal property for open spaces, parks, schools, fire departments or other public facilities not otherwise provided for in Subsection A5 of § 15.2-2241 et seq. of the Code of Virginia, as amended;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Such conditions shall not include payment for off-site or construction of off-site improvements except those provided for in Subsection A4 of § 15.2-2241 et seq. of the Code of Virginia, as amended;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(6)
No conditions shall be proffered that are not related to the physical development of the property to be rezoned;
(7)
All such conditions shall be in conformity with the Comprehensive Plan.
D.
Conditions to be indicated on map; conditional zoning index. The Zoning Map shall show, by appropriate symbol on the map, the existence of conditions attaching to the zoning on the map. The Zoning Administrator shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the proffer creating the conditions in addition to the regulations provided for in a particular district.
E.
Administration and enforcement of conditions. The Zoning Administrator shall be vested with all necessary authority, on behalf of the Town Council, to administer and enforce conditions attached to a rezoning, including:
F.
Petition for review of decision. Any zoning applicant who is aggrieved by a decision of the Zoning Administrator in the administration of this section may petition the Town Council for review of the decision pursuant to § 15.2-2301 of the Code of Virginia, as amended.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]