It is the general policy of Culpeper County, in accordance with the provisions of § 15.2-2283, Code of Virginia, to provide for the orderly development of land, for all purposes, through zoning and other land development legislation. 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 differing land uses and at the same time to recognize effects of change. It is the purpose of this Article 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's interests that are not generally applicable to land similarly zoned.
(Ords. of 2-5-1980; 7-3-1990)

Any owner of real property who is an applicant for a Zoning Map amendment (rezoning) of his property may, as part of his application, proffer, in writing, reasonable conditions concerning the use and development of his property, including off-site improvements that may serve or benefit his property and the public welfare. Proffered conditions shall be in addition to those regulations provided in Appendix A (Zoning) of the Culpeper County Code and applicable to the particular zone classification sought in said application and may only be accepted, provided that:

29-2-1 Rezoning creates need:

The rezoning itself gives rise to the need for the proffered conditions:

29-2-2 Reasonable relation:

Such conditions have a reasonable relation to the rezoning; and

29-2-3 Conformance with Comprehensive Plan:

All such conditions are in conformity with the Comprehensive Plan of Culpeper County.
(Ords. of 2-5-1980; 7-3-1990)

29-3-1 Proffer statement:

All proffered conditions shall be set forth with clarity and specificity in a "proffer statement," which shall follow the following format:

PROFFER STATEMENT

RE: Applicant's Name
Owner's Name (if different from Applicant)
Date
Rezoning File Number (if number has been assigned by the Office of Planning and Zoning)

I (we) hereby proffer that the use and development of this property shall be in strict accordance with the following conditions:

1.

2.

3.

etc.

29-3-2 Revisions to proffer statement:

Any revision to the proffer statement shall be submitted in the same format, with a new date, and shall include at the end of the statement the following:

The conditions set forth in this proffer statement supersede all conditions set forth in previous proffer statements submitted as a part of this application.

29-3-3 Plans, profiles, etc.:

The applicant may also proffer to use and develop his property in accordance with the schematic land use plan or other plans, profiles, elevations, demonstrative materials and written statement submitted as a part of his general plan of development. In such case, the proffer statement shall make reference to such materials, and each copy of such materials shall contain the following statement:

I hereby proffer that the use and development of this property shall be in strict accordance with the proffered conditions set forth herein and/or depicted thereon.

29-3-4 Proffer statements to be notarized:

All proffer statements and materials referenced in Subsection 29-3-3 immediately above shall be signed and notarized by all the owners of the property, as well as the applicant, if they are different persons.
(Ords. of 2-5-1980; 7-3-1990)

29-4-1 Original submission:

All proffer statements and/or materials shall be first submitted at the time of application but may be amended from time to time as desired by the applicant. Original statements or materials first submitted after the Planning Commission hearing are subject to re-referral to the commission for comment before the opening of the Supervisors' hearing. Substantial amendments submitted later than two (2) weeks prior to the final public hearing of the Board of Supervisors shall not be deemed acceptable for incorporation into the statement or materials but shall be accepted for consideration of the need for a further public hearing by the Board of Supervisors, which may schedule an additional public hearing to consider late amendments, at its option.

29-4-2 Late submission of amendments:

Any late amendment submission shall act to extend by a period of one month the total time allowed by law for review and consideration of a rezoning request if, by virtue of the above requirement for an additional public hearing and the Board's schedule, the matter would be placed for hearing after the expiration of the allowed review period.
(Ords. of 2-5-1980; 7-3-1990)

29-5-1 Conditions binding upon adoption:

The governing body, when acting on an application for a Zoning Map amendment, may adopt as a part of the Zoning Map the proffered conditions, in whole or in part, set forth by the applicant. Once adopted by the governing body, such proffered conditions shall be binding on the use and development of the property and shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; 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 and/or map.

29-5-2 Map references; conformance to existing conditions:

The Zoning Map and other appropriate files maintained by the zoning administrator shall reference the existence of adopted proffered conditions attached to various properties. Any site plan, subdivision plan, development plat or permit application thereafter submitted for development of property to which proffered conditions have attached shall conform to all such conditions and shall not be approved by any County official in the absence of such conformity. For the purpose of this section, "conformity" shall mean such conformity which leaves a reasonable margin of adjustment due to final engineering data but conforms to the general nature of the development, the specific uses and also the layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

29-5-3 Authority of zoning administrator:

The zoning administrator shall have all enforcement and administrative authority so granted to him by § 15.2-2299 of the Virginia Code, 1950, as amended, in the enforcement and administration of conditions, once adopted and made part of this Chapter.

29-5-4 Guaranty:

The zoning administrator or his agent may require a guaranty, satisfactory to the Board, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the proffered conditions or a contract for the construction of such improvements and the contractor's guaranty, in like amount and so conditioned, which guaranty may be reduced or released by the Board upon the submission of satisfactory evidence that the construction of such improvements has been completed in whole or in part. Said guaranty shall be required no later than final site plan or subdivision approval.

29-5-5 Failure to comply; consequences:

Failure to meet or comply with any proffered condition shall be sufficient cause to deny the issuance of any permits, grading permits, zoning permits, building permits, use permits and certificates of occupancy as may be deemed appropriate by the zoning administrator.

29-5-6 Right of appeal:

Any person aggrieved by any decision of the zoning administrator regarding any proffered condition or the regulations contained in this section or the denial of any permit may appeal such decision to the Board of Supervisors. Such appeal shall be filed within thirty (30) days from the date of notice of the decision by filing a notice of appeal with the zoning administrator. Such notice shall be a written statement specifying in full the grounds on which aggrieved and the basis for the appeal.

29-5-7 Board of Supervisors to hear appeals:

Upon receipt of the appeal notice, the Board of Supervisors shall take such testimony as it deems appropriate and render its decision, in writing, within sixty (60) days after receipt of the appeal notice. The Board of Supervisors may reverse or affirm wholly or partly or may modify the decision of the zoning administrator brought upon appeal.
(Ords. of 2-5-1980; 7-3-1990)

29-6-1 Submissions: All submissions relating to rezoning cases shall be made to the Office of Planning and Zoning.

29-6-2 Review: When an amendment to the Zoning Map has been initiated and a proffer statement filed in conjunction therewith, the Planning Director shall cause the amendments to be expeditiously reviewed by such staff, departments, offices, agencies or other personnel as he finds appropriate.

29-6-3 Summary of findings: The review shall include an examination of the applicant's proffer statement and/or materials. The Director or his designee may suggest revisions to the proffer statement in order to clarify the proffers volunteered by the applicant. In addition, before the application is scheduled for a public hearing before the Planning Commission, the Director or his designee shall present to the applicant a summary of the findings of the review in order that the applicant may make modifications of his application should he desire to do so.

29-6-4 Public hearing: After the Director shall have presented a summary of the review findings to the applicant, the application shall be referred to the Planning Commission for public hearing. The Director shall not be required to refer such application immediately but shall consider the applicant's preference, the Planning Commission's schedule and the appropriate use of County staff.
(Ords. of 2-5-1980; 7-3-1990)