The Town Council may approve reasonable conditions
to rezoning, provided that the following criteria are met:
A. The rezoning itself must give rise for the conditions.
B. Such conditions shall have a reasonable relation to
the rezoning.
C. Such conditions shall not include a cash contribution
to the town.
D. Such conditions shall not include mandatory dedication
of real or personal property for open space, parks, schools, fire
departments or other public facilities except those otherwise authorized
by law.
E. Such condition shall not include payment for construction
of off-site improvements except those sewerage or drainage facilities
otherwise authorized by law.
F. No condition shall be proffered that is not related
to the physical development or physical operation of the property.
G. Such condition shall be in conformity with the town's
Comprehensive Plan.
H. The provisions of this chapter shall not be used for
the purpose of discrimination in housing.
In order to ensure the intent and purpose of
conditional zoning approved in accordance with this Article, the Zoning
Administrator or his agents shall be vested with all necessary authority
on behalf of the Town Council to administer and enforce conditions
attached to a rezoning or amendment or a Zoning Map, including:
A. Ordering, in writing, compliance with such conditions.
B. Bringing of appropriate legal action or proceedings
to ensure compliance.
C. Requiring a guaranty or contract, or both, for construction
of physical improvements required by conditions.
D. Denial of zoning permits and certificates of zoning
compliance for failure to meet conditions.
Amendments and variations of conditions attached
to a Zoning Map amendment shall be made only after public notice and
hearing in the same manner as an original Zoning Map amendment and
in accordance with the provisions of this Article and applicable provisions
of Title 15.1, Code of Virginia 1950, as amended.
After the Town 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 12 months from the date of such official action.