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Sec. 40-93. Standards for l, ezonin~ and map amendments. <br /> <br /> A rezoning or map amendment shall be approved only if the city council determines <br />that it is consistent with the Comprehensive Plan of the City of Portsmouth and with <br />the purposes of this Chapter. <br /> <br />Sec. 40-94. Conditional rezoning. <br /> <br /> A rezoning or an amendment to the zoning map may, upon the written request of <br />the applicant, be granted subject to profferring by the applicant of re~sonable and <br />certain conditions for the protection of the community, that are not generally <br />applicable to land similarly zoned. The grant of a rezoning or map amendment <br />subject to such certain conditions shall conform to the express terms and standards <br />set forth in the Code of Virginia. Said state law shall govern the application, the <br />granting or denial, and the administration and enforcement of all rezonings and map <br />amendments made or to be made subject to conditions. <br /> <br /> A petitioner to rezone or amend the zomng map, in addition to the permitted uses <br />as set forth in the regulations of the proposed amended zoning district, may <br />voluntarily proffer in writing other reasonable conditions which will be the <br />governing body, provided: <br /> <br />(a) The rezoning itself must give rise to the need for the conditions. <br /> <br />(b) Such conditions have a reasonable relation to the rezoning. <br /> <br />(c) <br /> <br />All such conditions are in conformity with the Comprehensive Plan as <br />defined in the Code of Virginia. <br /> <br />(d) <br /> <br />Once proffered and accepted as part of an amendment to the zoning <br />ordinance, such conditions shall continue in effect until a subsequent <br />amendment changes the zoning on the property covered by such conditions. <br />Moreover, such conditions shall continue if the subsequent amendment is <br />part of a comprehensive implementation of a new substantially revised zoning <br />ordinance. <br /> <br />(e) <br /> <br />In the event proffered conditions include the dedication of real property or <br />payment of cash, such property shall not transfer and such payment of cash <br />shall not be made until the facilities for which such property is dedicated or <br />cash is tendered are included in the capital improvement program, provided <br />that nothing herein shall prevent the city from accepting proffered <br />conditions which are not normally included in such capital improvement <br />program. <br /> <br />(f) <br /> <br />If proffered conditions include the dedication of real property or the <br />payment of cash, the proffered condition shall provide for the disposition <br />of such property or cash payment in the event the property or cash payment <br />is not used for the purpose for which proffered. <br /> <br />104 <br /> <br /> <br />