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(A) Purpose. It is the general policy of the county in accordance with the laws of the state to provide for the orderly development of land, for all purposes through the use of zoning and other land development regulations. Frequently where competing and incompatible uses conflict, traditional zoning methods and procedures are inadequate. In these cases more flexible and adaptable zoning methods are needed to permit land uses, and at the same time to recognize the effects of change. It is the purpose of this section to provide a more flexible and adaptable zoning method to cope with situations found in such zones through conditional zoning, whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community that are not applicable to land similarly zoned. The provisions of this section are not to be used for the purpose of discrimination in housing.
(B) Proffer of conditions. Any owner of property making application for a change in zoning or an amendment to the Zoning Map, as provided by § 157.064, as part of the application may voluntarily proffer in writing reasonable conditions which shall be in addition to the regulations provided for in the zoning district or zone sought in the rezoning application. Any such proffered conditions must be made prior to any public hearing before the Planning Commission and the Board of Supervisors and shall be subject to the following limitations:
(1) The rezoning itself must give rise to the need of the conditions;
(2) The conditions shall have a reasonable relation to the rezoning;
(3) The conditions shall not include a cash contribution to the county;
(4) The conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments, or other public facilities except for the dedication of any street, curb, gutter, sidewalk, bicycle trail, drainage, water, or sewage systems;
(5) The conditions shall not include payment for or construction of off-site improvements except for a pro rata share of water, sewage, and drainage facilities;
(6) No condition shall be proffered that is not related to the physical development or physical operation of the property; and
(7) All conditions shall be in conformity with the Comprehensive Plan.
(C) Effect of conditions. Upon the approval of any such rezoning, all conditions proffered and accepted by the Board of Supervisors shall be deemed part thereof and non-severable therefrom and shall remain in force until amended or varied by the Board of Supervisors in accordance with VA Code § 15.1-491.6. All such conditions shall be in addition to the regulations provided for in the zoning district.
(D) Zoning Map notation and records. Each conditional rezoning shall be designated on the Zoning Map by an appropriate symbol designed by the Land Use Administrator. In addition, the Land Use Administrator shall keep and maintain a conditional zoning index which shall be available for public inspection and which shall provide ready access to the ordinance creating such conditions.
(E) Submittal requirements. Each application for rezoning which proposes conditions to be applied shall be accompanied by the following items beyond those required by conventional rezoning requests:
(1) A statement detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of such conditions; and
(2) A signed statement by both the applicant and owner in the following form: “I hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission.”
(F) Procedural regulations and requirements.
(1) Proffered conditions shall include written statements, development plans, and materials proffered in accordance with the provisions of this section and approved by the Board of Supervisors in conjunction with the approval of a change in zoning or an amendment to the Zoning Map.
(2) Upon approval, any site plan, subdivision plat, or development plan thereafter submitted for the development of the property in question shall be in substantial conformance with all proffered conditions and no development shall be approved in the absence of substantial conformance. For the purpose of this section, substantial conformance shall mean conformance which leaves a reasonable margin for adjustment due to final engineering data but conforms with the general nature of the development, the specific uses and the general layout depicted by the plans, and other materials presented by the owner and/or applicant.
(Ord. passed 11-9-1995) Penalty, see § 157.999