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AN ORDINANCE • AMENDING AND REORDAINING SECTIONS 34-61, 34-62, 34-64 and 34-1200 OF CHAPTER 34 (ZONING) OF THE CODE OF THE CITY OF CHARLOTTESVILLE RELATING TO CONDITIONAL ZONING. BE IT ORDAINED by the Council of the City of Charlottesville, Virginia, that Sections 34-61, 34-62, and 34-64 of Article I (Administration), and Section 34-1200 of Article X (Definitions) of Chapter 34 (Zoning), are hereby amended and reordained, as follows: ARTICLE I. ADMINISTRATION Division 4. Conditional Zoning Sec. 34-61. Authorization. The provisions set forth within this division are enacted by authority of Code of Virginia § 15.2- 2-29-82303, and shall be applied and interpreted in accordance with that statute. Sec. 34-62. Applicability. As part of a zoning amendment initiated by petition of a property owner, the agent thereof, or a contract purchaser of property (with the consent of the property owner) the city council may, in addition to the regulations provided for in a zoning district, adopt reasonable conditions y proffered by the petitioner_ subjeet to the 17^ (2) The eandkions shall have a reasonable relaiion to (, T pIR ; afl( (4}—The conditions shall not, however, include a requirement that the applicant create a property owners' association under Chapter 26 (§ 55-508 et seq.) of Title 55 of the Code of Virginia, where the members of such property owners' association would be required to pay an assessment for maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, or any other public facilities not provided for within the city's subdivision ordinance; however, such 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. Sec. 34-63. Form. All proffered conditions must be submitted in a written format, which shall include written statements, development plans, profiles, elevations and other demonstrative documents depicting, describing, or otherwise pertaining to a proposed development. The director of neighborhood development services may establish specific forms for use by persons who wish to submit proffered conditions, subject to the approval of the city attorney. Each submission shall be accompanied by the required fee, as set forth within the most recent fee schedule adopted by city council. Sec. 34-64. Preliminary proffers. (a) Preliminary proffers maybe submitted as part of the original rezoning application, or may be submitted, as a modification of an existing zoning amendment application, no fewer than ten (10) days prior to the scheduled public hearing. The director of neighborhood development services shall distribute copies of the preliminary proffers to the city attorney and other appropriate city departments for review and comment prior to the public hearing. The staff report presented to the planning commission shall analyze the impact of the preliminary proffers and