File #: ORD 24-015    Version: 1 Name:
Type: Ordinance Status: In Committee
File created: 8/26/2024 In control: Planning Commission
On agenda: 8/27/2024 Final action:
Title: Consider referring to Planning Commission an amendment to Section 10-3-123 of the Harrisonburg City Code, to permit cash proffers
Attachments: 1. Memorandum, 2. Current ordinance reflecting recommended amendments
Related files: ORD 24-016

Subject:

Title

Consider referring to Planning Commission an amendment to Section 10-3-123 of the Harrisonburg City Code, to permit cash proffers

 

Body

Presented By:  Chris Brown, City Attorney

Recommendation and Review

Virginia Code Section 15.2-2298 authorizes the City to adopt an ordinance permitting reasonable conditions, including cash proffers, if the rezoning itself gives rise to the need for the conditions, the conditions have a reasonable relation to the rezoning, and the conditions are in conformity with the comprehensive plan. While the City has enacted an ordinance permitting conditional zoning, cash proffers currently are specifically prohibited by that ordinance.  See Harrisonburg City Code Section 10-3-123.  The attached proposed amendment to City Code Section 10-3-123 strikes the language prohibiting cash proffers, thereby allowing such proffers.