Chapter 175 ZONING.

Section 175-149       CONDITIONAL ZONING PROFFERS IN REZONING APPLICATIONS.

A. Owners of land making applications to the Town of Front Royal for a zoning reclassification of their land in the Town of Front Royal may voluntarily proffer in writing, as part of the rezoning petition, certain conditions related to the future physical development and/or physical operation of the land to be rezoned, subject to the following requirements:

      1. The rezoning of the land must itself give rise for the need for the conditions.

      2. The conditions must have a reasonable relation to the rezoning of the land.

      3. The conditions shall not include a cash contribution to the Town of Front Royal.

      4. The conditions shall not include a mandatory dedication of real or personal property for

      open space, parks, schools, fire departments or other public facilities which are not otherwise

      provided for in Virginia Code 15.2-2241.

(Ord. No. Z-9-00 Amended Virginia Code Reference 9-25-00-Effective Upon Passage)

5. The conditions shall not include payment for or construction of off-site improvements, except those provided for in Virginia Code Section 15.2-2241.

 (Ord. No. Z-9-00 Amended Virginia Code Reference 9-25-00-Effective Upon Passage)

6. No conditions shall be proffered that are not related to the physical development or physical operation of the property to be rezoned.

 7.  All conditions shall be in conformity with the Comprehensive Plan of the Town of Front Royal.

8. All conditions shall be in writing and shall be submitted to the Town of Front Royal as part of the rezoning petition prior to public hearing before the governing body.

(Ord. No. Z-9-00 Added “governing body” 9-25-00-Effective Upon Passage)

B.  Once proffered and accepted as part of an amendment to this chapter, the conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by the conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance.

C. The Zoning Administrator shall administer and enforce the conditions attached to a rezoning or amendment to the Zoning Map, * including:

      1.  The ordering in writing of the remedy of any noncompliance with the conditions.

2.  The bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding.

3.  Requiring a guaranty, satisfactory to the governing body,  in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guaranty, in like  amount and so conditioned, which guaranty shall be reduced or released by the governing body, or agent  thereof, upon the submission of satisfactory evidence that construction of such improvements has been completed  in whole or in part.

D. The failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits as may be appropriate.

E. The Zoning Map shall show by an appropriate symbol on the map the existence of conditions attached to zoning.  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 ordinance creating conditions in addition to the regulations provided for in a particular zoning district or zone.

(Ord. No. Z-4-85 Added Entire Section 9-9-85-Effective Upon Passage)