§ 45-3405. Proffering of application.

(a)

A petition may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the city planning commission and/or the city council, in addition to the regulations provided for the zoning district or zone by this chapter, as a part of a rezoning or amendment to a zoning map, provided that (1) the rezoning itself gives rise to the need for the conditions; (2) such conditions have a reasonable relation to the rezoning; and (3) all such conditions are in conformity with the comprehensive plan as defined in Section 15.2-2223 of the Code of Virginia, 1950, as amended. Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owner's association under Chapter 26 (Section 55-508 et seq.) of Title 55 of the Code of Virginia, 1950, as amended, which includes an express further condition that members of a property association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in Section 15.2-2241 of the Code of Virginia, 1950, as amended; however, such excluded facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Virginia Department of Transportation.

(b)

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

(c)

No proffer shall be accepted by the city unless it has adopted a capital improvement program pursuant to Section 15.2-2239 of the Code of Virginia, 1950, as amended. In the event proffered conditions include the dedication of real property or payment of cash, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the city from accepting proffered conditions which are not normally included in such capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered.

(Ord. No. 5028-97, § 1; Ord. No. 5269-99; Ord. No. 5669-01, § 1)

(Ord. No. 5028-97, § 1; Ord. No. 5269-99; Ord. No. 5669-01, § 1)