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AN ORDINANCE TO AMEND CHAPTER 40 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, 1988, BY AMENDING SECTION 40-251 <br />THEREOF, PERTAINING TO CONDITIONAL ZONING. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Section 40-251 of the Code of the City of <br />Portsmouth, Virginia, 1988, be amended and reordained to read <br />as follows: <br /> <br />Section 40-251. Conditions as part of a rezoning or <br /> amendment to rezoning map. <br /> <br /> A petitioner to rezone or amend the zoning map, in <br />addition to the permitted use as set forth in the regulations <br />of the proposed amended zoning district, may voluntarily <br />proffer in writing other reasonable conditions which will be <br />placed into the petition prior to the public hearing before <br />the governing body, provided: <br /> <br /> (a) The rezoning itself must give rise to the need for <br />the conditions. <br /> <br /> (b) Such conditions have a reasonable relation to the <br />rezonlng. <br /> <br /> (c) Ail conditions are in conformity with the <br />comprehensive plan as defined in Section 15.1-466.1, <br />Virginia. <br /> <br />Code of <br /> <br /> (d) Once proffered and accepted as part of an amendment <br />to the zoning ordinance, such conditions shall continue in <br />effect until a subsequent amendment changes the zoning on the <br />property covered by such conditions; however, such conditions <br />shall continue if the subsequent amendment is part of a <br />comprehensive implementation of a new or substantially revised <br />zoning ordinance. <br /> <br /> (e) In the event proffered conditions include the <br />dedication of real property or payment of cash, such property <br />shall not transfer and such payment of cash shall not be made <br />until the facilities for which such property is dedicated or <br />cash is tendered are included in the capital improvement <br />program, provided that nothing herein shall prevent the City <br />from accepting proffered conditions which are not normally <br />included in such capital improvement program. <br /> <br /> (f) If proffered conditions include <br />real property or the payment of cash, the <br />shall provide for the disposition of such <br />payment in the event the property or cash <br />for the purpose for which proffered. <br /> <br />the dedication of <br />proffered condition <br />property or cash <br />payment is not used <br /> <br /> <br />