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AN ORDINANCE TO AMEND THE CODE OF T~E CITY OF PORTSMOUTH, VIR- GINIA, 1973, BY ADDING ARTICLE XII TO CHAPTER 40, PERTAINING TO CONDITIONAL ZONING. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That the Code of the City of Portsmouth, Virginia, 1973~ be amended by adding Article XIt to Chapter 40, said amendment to read as follows: ARTICLE XII. Conditional Zoning Section 40-250. Declaration of legislative policy; purpose. It is the general policy of the City of Portsmouth in accordance with the provisions of Section 15.1-491.1, Code of Virginia, 1950, as amended, to provide for the orderly develop- ment of land, for all purposes, througk zoning and other land development legislation. Frequently traditional zoning methods and procedures are inadequate where competing and incompatible uses conflict. In these cases more flexible and adaptable zoning methods are needed to permit differing land uses and, at the same ~ime, to recognize effects'of change. It is the purpose of Sections 40-250 through 40-256 herein to provide a more flexible and adaptable zoning method to cope with situations found in districts within the City of Portsmouth through conditional zoning, whereby a zoning reclassification may be allo~{ed sub- ject to certain conditions profferedby the zoning applicant for the protection of the community that are not generally applicable to land similarily zoned. Such provision shall not. be used for the purpose of discrimination in housing. Section 40-251. Conditions as part of a rezoning or amendment to rezoning map. A petitioner to rezone or amend the zoning map, in additio~n to the permitted uses set forth in the regulations of the pro- posed 'amended zoning district, may voluntarily proffer in writing other reasonable conditions which will be placed into the petition prior to the public hearing before the governing body, providing: (1) The rezoning itself must give rise for the need for the conditions. C2) Such conditions shall have a reasonable relation to the rezoning. (3) Such conditions shall not include a cash contribution to the City other than the administrative fee set forth in Section 40-223 herein.