(A) Purpose. Pursuant to VA Code § 15.2-2303, as amended, it is the purpose of this section to provide a more flexible and adaptable zoning method to cope with the situations found in various zones and applications through proffered re-zonings, whereby a zoning reclassification may be allowed subject to certain conditions voluntarily proffered by the applicant for the protection of the community that may or may not be generally applicable to land similarly zoned.
(B) Proffer of conditions. In addition to the regulations provided for the zoning districts by this chapter, the Board of Supervisors may adopt, as part of an amendment to the zoning map, reasonable conditions when such conditions shall have been voluntarily proffered in writing, in advance of the Board of Supervisors public hearing, by the owner of the property submitting the zoning map amendment. Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning ordinance; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.
(C) Proffered rezoning procedure.
(1) Once a rezoning application/petition has been filed and accepted by the Zoning Administrator, it shall be reviewed in keeping with the guidelines as found in this subchapter by the Director of Planning and Zoning. The Director of Planning and Zoning shall prepare a report and recommendation for presentation to the Planning Commission, a copy of which shall be transmitted to the applicant.
(2) The Director of Planning and Zoning's report shall indicate those proffered conditions that he/she believes are necessary to mitigate the application's impacts on adjacent landowners as well as the county and its citizens.
(3) The Planning Commission, at a duly conducted public hearing, shall consider the Director of Planning and Zoning's recommendations and discuss same with the applicant. The Commission shall forward its recommendations on the zoning application/petition to the Board of Supervisors.
(4) After the recommendation of the Commission is made and prior to the Board of Supervisors’ public hearing on the application/ petition, the petitioner shall submit in writing and signed by the landowner, the final voluntary proffers being offered in conjunction with the zoning amendment request. The proffers shall be addressed to the Chairperson, Northampton County Board of Supervisors, with a copy provided to the Director of Planning and Zoning.
(5) If the rezoning application is approved with the proffered conditions, the proffers shall be recorded in the Clerk of the Circuit Court's office. Those proffers which condition the use of the land involved shall be made a part of the deed to such lands. The proffers, including those which require monetary payments, shall run with the land until removed by the Board of Supervisors as a result of an amendment to the original application or as a result of a subsequent rezoning petition.
(6) Petition for review. The Zoning Administrator is vested with all the necessary authority on behalf of the Board of Supervisors to administer and enforce conditions attached to a rezoning or zoning map amendment pursuant to VA Code § 15.2-2299. Any zoning applicant or other person who is aggrieved by a decision of the Zoning Administrator made pursuant to the administration and/or enforcement of conditions attached to a rezoning or zoning map amendment may petition the Board of Supervisors for review of the decision. Petitions shall be filed with the Zoning Administrator and the Clerk of the Board of Supervisors within 30 days of the decision date for which the review is sought. The petition shall specify all of the grounds upon which the petitioner claims to be aggrieved.
(Ord. passed 4-12-2016)