Page County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IX
General Provisions
§ 125-62 Issuance of permits.
All departments, officials and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter. They shall issue permits for uses, buildings or purposes only when they are in harmony with the provisions of this chapter. Any such permit, if issued in conflict with the provisions of this chapter, shall be null and void.
§ 125-63 Violations.
[Amended 12-12-1994; 6-5-2018]
The following are violations of this chapter and are declared to be unlawful:
A.
Uses. Any use of a structure, improvement of land, established, conducted, operated or maintained in violation of any provision of this chapter, any approved application plan, site plan, zoning clearance, or condition accepted or imposed in conjunction with any County approval under this chapter, or without any required permit, certificate, or other required approval under this chapter.
B.
Structures or improvements. Any structure or improvement that is established, conducted, operated, or maintained in violation of any provision of this chapter, any approved application plan, site plan, zoning permit, zoning clearance, or condition accepted or imposed in conjunction with any County approval under this chapter, or without any required permit, certificate, or other required approval under this chapter.
C.
Use of structure or site without certificate of occupancy. Any use of a structure or site for which a certificate of occupancy is required that is conducted, operated, or maintained without a certificate of occupancy.
D.
Requirements and standards. The failure to comply with any other requirement or standard of this chapter.
§ 125-63.1 Enforcement.
[Added 6-5-2018]
A.
Complaints and investigation. Any person who alleges that a violation of this chapter has occurred may file a written complaint with the Zoning Administrator or agent. Such complaint shall stipulate the cause and basis thereof and the location of the alleged violation. The Zoning Administrator or agent shall properly record the complaint, investigate the facts thereof, and take action thereon as provided by this chapter.
B.
Notice of violation. If, upon completion of the investigation, the Zoning Administrator determines that a violation of this chapter exists, a notice of violation shall be issued to the person committing or permitting the violation, or both, if the Zoning Administrator determines to pursue enforcement.
(1)
Contents of notice. The notice shall include the following information:
(a)
The date of the notice;
(b)
The basis for the decision;
(c)
A statement informing the recipient that the decision may be appealed to the Board of Zoning Appeals within the applicable appeal period provided in § 125-58 and that the decision shall be final and unappealable if it is not timely appealed;
(d)
The applicable appeal fee;
(e)
A reference to where additional information may be obtained regarding filing an appeal; and
(f)
The time within which the violation shall be abated.
(2)
Delivery of notice. The first notice shall be sent by regular mail to the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records. A notice shall also be sent by regular mail to the address of violation. If no response is received after the time limit of abatement has passed, a second notice shall be sent by certified mail to the last known address of the property owner as shown on the current real estate tax assessment books or current real estate tax assessment records. A notice shall also be sent by certified mail to the address of violation. If no response is received after the time limit of abatement has passed, a final notice shall be either registered mail or posted on the door of a building at the address of violation. Notices sent by registered mail or posted notice shall also be given to the property owner as shown on the current real estate tax assessment books or current real estate tax records. No civil penalties as specified in § 125-63.2 and/or criminal penalties as specified in § 125-63.3 shall be assessed until such recipient(s) have been given three notices as defined in this section.
C.
Issuance of inspection warrants by a Magistrate or court of competent jurisdiction. The Zoning Administrator or agent may make an affidavit under oath before a Magistrate or court of competent jurisdiction and, if such affidavit establishes probable cause that a Zoning Ordinance violation has occurred, request that the Magistrate or court grant the Zoning Administrator or agent an inspection warrant to enable the Zoning Administrator or agent to enter the subject dwelling for the purpose of determining whether violations of the Zoning Ordinance exist. After issuing a warrant under this section, the Magistrate or Judge shall file the affidavit in the manner prescribed by § 19.2-54, Code of Virginia. After executing the warrant, the Zoning Administrator or agent shall return the warrant to the Clerk of the Circuit Court of Page County. The Zoning Administrator or agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.
D.
Remedies. In the enforcement of this chapter, the Zoning Administrator may pursue any remedy authorized by law. The remedies provided in §§ 125-63.2, 125-63.3, and 125-63.4 are cumulative and not exclusive except to the extent expressly provided therein, and shall be in addition to any other remedies authorized by law.
§ 125-63.2 Civil penalties.
[Added 6-5-2018]
Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter as provided in § 125-63, or permits either by granting permission to another to engage in the violating act or by not prohibiting the violating act after being informed by the Zoning Administrator or agent that the act violates this chapter as provided in § 125-63.1, shall be subject to the following after proper notification as specified in § 125-63.1B.
A.
Procedure. Proceedings seeking civil penalties for all violations of this chapter under this § 125.63.2 shall commence either by filing a civil summons in the general district court or by the Zoning Administrator or agent issuing a ticket.
B.
Minimum elements of a civil summons or ticket. A civil summons or ticket shall contain, at a minimum, the following information: i) the name and address of the person charged; ii) the nature of the violation and the section of this chapter allegedly violated; iii) the location and date that the violation occurred or was observed; iv) the amount of the civil penalty being imposed for the violation; v) the manner, location, and time in which the civil penalty may be paid to the County; vi) the right of the recipient of the summons to elect to stand trial and that a signature to an admission of liability will have the same force and effect as a judgement of the court; and either the date for the scheduled trial, or the date for scheduling of such trial by the court.
C.
Amount of civil penalty. Any violation of this chapter shall be subject to a civil penalty of $200 for the initial summons, and a civil penalty of $500 for each additional summons arising from the same set of operative facts.
D.
Maximum aggregate civil penalty. The total civil penalties from a series of violations arising from the same set of operative facts shall not exceed $5,000 limit. If the violations exceed the $5,000 limit, the violation may be prosecuted as a criminal misdemeanor under § 125-63.3.
E.
Each day a separate offense; single offense in ten-day period. Each day during which a violation is found to exist shall be a separate offense. However, the same scheduled violation arising from the same operative set of facts may be charged not more than once in a ten-day period.
F.
Option to prepay civil penalty and waive trial. Any person summoned or ticketed for a violation of this chapter may elect to pay the civil penalty by making an appearance in person or in writing by mail to the Treasurer prior to the date fixed for trial in court. A person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. A signature to an admission of liability shall have the same force and effect as a judgment of court.
G.
If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. In any trial for a violation authorized by this section, it shall be the burden of the locality to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the Zoning Ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.
H.
Civil penalties are in lieu of criminal penalties. A violation enforced under § 125-63.2 shall be in lieu of any criminal penalty except as provided in § 125.63.2D and § 125-63.3 and, except for any violation resulting in injury to any person, such as designation shall preclude the prosecution of the particular violation as a criminal misdemeanor, but shall not preclude any other remedy available under this chapter.
§ 125-63.3 Criminal penalties.
[Added 6-5-2018]
Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any provision of this chapter that results in injury to any person, or to whom the five-thousand-dollar maximum aggregate civil penalty provided in § 125.63.2D has been reached and who continues to violate any provision of this chapter as provided in § 125.63 or permits either by granting permission to another to engage in the violating act or by not prohibiting the violating act after being informed by the Zoning Administrator that the act continues to violate this chapter as provided in § 125-63.1 shall be subject to the following after proper notification as specified in § 125-63.1B.
A.
The person shall have committed a misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000.
B.
If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period, punishable by a fine of not less than $100 nor more than $1,500.
§ 125-63.4 Injunctive relief and other remedies.
[Added 6-5-2018]
Any violation of this chapter may be restrained, corrected, or abated as the case may be in an action by the Board of Supervisors seeking injunctive or other appropriate relief.
§ 125-64 Public utility corporations exempted.
This chapter shall not apply to any existing or proposed buildings or structures or extensions thereof used or to be used by a public utility corporation when, upon petition of the corporation, the State Corporation Commission shall, after a public hearing, decide that the present or proposed situation of the building or structure in question is reasonably necessary for the convenience or welfare of the public.
§ 125-65 Subdivisions.
Subdivision of land shall be allowed in each district (P-R, W-C, A-1, R, C-1, I-1). The divider or developer of land shall comply with all provisions of Chapter 100, Subdivision of Land, and with this chapter. If the provisions of this chapter are more stringent, then the same shall apply over the provisions of Chapter 100, Subdivision of Land.
§ 125-66 Camps and campgrounds.
[Added 5-11-1999]
Camps and campgrounds permitted by special use permit in Woodland-Conservation and Agriculture Districts. The owner and operator shall comply with all provisions of Chapter 128, Recreation Vehicle Parks and Campgrounds, and with the provisions of this chapter. If any provision of this chapter conflicts with the provisions of Chapter 128 or any other provision of the Zoning Ordinance of the County of Page, Virginia, the more stringent provision shall apply.
§ 125-67 Division I - Stonyman Agricultural and Forestal District.
[Added 2-13-2001; amended 3-18-2008; 7-19-2016; 9-18-2023]
A.
Creation of district. Pursuant to the Agricultural and Forestal Districts Act of the Commonwealth of Virginia, Title 15.2, Chapter 43, Code of Virginia 1950, as amended, and Chapter 125, § 125-6, of the Code of Page County, Virginia, the Stonyman Agricultural/Forestal District (hereinafter referred to as "district") is hereby created subject to the conditions and district terms set forth in this section and as otherwise provided by §§ 15.2-4300 through 15.2-4314 of the Code of Virginia, as amended, the provisions of which, except as specially modified herein, arc adopted and incorporated herein by reference.
B.
Description of district. The Stonyman Agricultural and Forestal District shall consist of the following land: 1,883.50 acres, more or less, generally located south of the intersection of South Antioch Road (Route 689) and Stonyman Road (Route 642), east of the intersection of Stonyman Road (Route 689) and Route 340, north of the intersection of Ida Road (Route 689) and Hollow Run Road (Route 629), which includes the parcels shown on Page County Real Estate Maps, as of the effective date of this district, numbered: 52-A-5 (only 91.2 acres in county), 52-A-60, 52-A-59, 52-A-61, 52-A-65A, 52-A-72C, 52-A-67, 53-A-78, 53-A-71, 53-A-112, 51-A-85B, 51-A-91, 52-A-22, 51-A-112, 51-A-111, 51-A-110, 52-A-25, 52-A-24, 52-A-24A, 52-A-51, 52-A-50, 52-A-44A, 52-A-44, 52-A-42, 52-A-40, 52-A-31A, 52-A-32, 52-A-32B, 52-A-36, 52-A-37, 53-A-35, 52-A-79, 52-A-80, 52-A-92, 53-4-B, 63-A-225A, 63-A-227, 63-A-228, 64-A-27, 64-A-28, 63-A-233, 63-A-253A, 63-A-254, 63-A-231, 63-A-232, 63-A-255, 63-A-262, 63-A-258, 63-4-1, 63-4-2, 63-A-257, 42A11-A-242A (only 0.5 acres in county), 52-A-2, 52-A-3, 42-A-39, 52-A-72A, 53-A-72, 52-A-31, 52-A-31D, 51-A-108, 62-A-81, 62-A-80, 63-A-9, 63-A-9A, 52-A-95, 53-A-42, 63-A-226, 63-A-256, 51-A-84A, 51-A-85A, 51-A-88, 51-A-84, 51-A-85, 51-A-90, 51-5-35, 51-5-28A, 51-A-108A, and 52-A-26.
C.
Conditions of district. The Stonyman Agricultural and Forestal District shall comply with the following conditions:
(1)
The Stonyman Agricultural/Forestal District shall comply with Chapter 125 of the Code of the County of Page and with §§ 15.2-4300 through 15.2-4314 (Agricultural and Forestal Districts Act) of the Code of Virginia.
(2)
Parcels of land owned by sole owners, co-owners, partnerships, trusts, corporations or limited-liability companies shall be eligible for inclusion in this Agricultural and Forestal District as long as all involved owners sign the application indicating their desire that the parcel be included in the district.
(3)
No new nonagricultural or nonforestal uses and/or building, including dwellings, shall be permitted, except that the construction of a dwelling for members of the owner's immediate family or for persons who earn a substantial part of their livelihood from agricultural or forestal operations on the same property shall be permitted. The landowner may renovate or enlarge an existing home. Nonfarm buildings that are accessories to the dwelling, including, but not limited to, garage, shed, swimming pool, tennis court and gazebo, are permitted unless there are more restrictive regulations or covenants running with the property.
(4)
Parcels of land (as now defined on the Page County Real Estate Maps) within the district may be sold to a nonfamily member during the term of the district. However, the parcel under new ownership shall remain in the district at least until the time of the scheduled district renewal.
(5)
Land within the district may be subdivided by purchase or gift to immediate family members in compliance with § 100-3B, Subsection (4), of the definition of "subdivide" of the Code of Page. However, all subdivided parcels shall remain in the district for at least as long as the parent parcel remains in the district.
(6)
All included tracts shall be shown as separate parcels on the Page County Real Estate Maps.
(7)
Any landowner who is delinquent paying County real estate taxes shall not receive the land use special assessment tax unless they cure such delinquency pursuant to Chapter 105 of the Page County Code, but shall remain in the district for the remaining term.
(8)
Any parcel in the district which meets the requirements stated in § 58.1-3233 of the Code of Virginia and Page County Code Chapter 105 may be entitled to receive a special tax assessment based on land use. Parcels that do not meet the requirements may still be included within the district but shall be taxed at the normal tax rate.
(9)
There shall be an application fee of $20 per parcel of land for inclusion in this district.
(10)
If a renewal application signed by all owners of parcels for inclusion in a renewed district is submitted and accepted by the deadline required, but the Board of Supervisors fails to act on the application by the expiration date of the district, such district, including only those parcels proposed for renewal, shall continue; and all provisions of the district ordinance shall apply until such time as the Board of Supervisors makes it decision whether or not to renew the district as proposed.
D.
Term and review of district. The district shall be in effect until November 1, 2030. A review of the district, including any additions to the district, may be made by the Board of Supervisors as provided by, and in accordance with, §§ 15.2-4309 through 15.2-4312 of the Code of Virginia 1950, as amended.
§ 125-68 Conditional zoning and proffers.
[Added 3-17-2009]
A.
Proffers for dedication of real property or payment of cash.
(1)
In the event proffered conditions include the dedication of real property or payment of cash to the County, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the County's Capital Improvement Plan, provided nothing herein shall prevent the County from accepting proffered conditions which are not normally included in such capital improvement program.
(2)
If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which it is proffered.
(3)
Nothing in this section shall be construed to affect or impair the authority of the County Board of Supervisors to accept proffered conditions which include the provisions for timing or phasing of dedications, payments or improvements or to impose or accept conditions of conditional use permits.
(4)
In the event proffered conditions include (1) the dedication of real property or (2) the payment of cash which is not to be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvements program, the County Attorney shall advise the Planning Commission and the County Board of Supervisors of the adequacy of provisions securing to the County the timely performance of such conditions. Such provisions may include bonding, letters of credit or other forms of surety.
B.
Administrative procedure for conditional zoning applications.
(1)
Any rezoning applicant may, at his or her option, submit a written proffer of conditions to accompany a rezoning petition.
(2)
Such written proffers, together with a copy of the title certificate (identifies the ownership or contract purchasers that plan to own the property being rezoned), shall be submitted to the Planning Director as part of the application. In complying with the notice requirements, the Planning Commission and County Board of Supervisors shall state whether the conditions have been proffered, and such proffers shall be made available for public review by the Planning Director as part of the public documents in the case.
(3)
Within 30 days after receipt of a complete rezoning application, the Planning Director shall submit to the petitioner a written proffer analysis addressing the following items:
(a)
A list of identified problems or reasons, if any, where the proposed rezoning may be deemed to fall short of compliance or policy;
(b)
The degree to which the proffered conditions respond to the identified problems;
(c)
A list of those proffered conditions, if any, that do not respond to identified problems, are insufficient to offset them, or that are not in keeping with the criteria set forth in this section;
(d)
An indication of whether the identified problems will be adequately offset by the voluntary proffered cash contribution, dedication of real or personal property, or payment for or construction of off-site improvements; and
(e)
The date of the Planning Commission work session, which shall be followed by a hearing at a later date.
(4)
Submission of proffer statements.
(a)
A copy of the applicant's written proffers and the proffer analysis from the Planning Director shall be forwarded to the Planning Commission.
(b)
Upon receipt of the proffer analysis, the petitioner may make subsequent voluntary changes deemed appropriate to the written proffers, provided that it is submitted no later than 10 calendar days prior to the Planning Commission work session.
(c)
Where an amendment to the written proffers provides for a voluntary cash contribution, dedication of real or personal property, or payment for or construction of off-site improvements, the Planning Director may require that the amended proffers be submitted at least 20 calendar days prior to the work session when additional time is deemed necessary to allow for adequate staff review of such amended proffers.
(d)
After the work session, a public hearing will be scheduled. The petitioner may modify proffers based upon issues raised during the work session. Upon receipt of the amended proffers, the Planning Director shall make them part of the public record. The Planning Commission shall not consider any proffer not made available for public review for at least 10 calendar days prior to the public hearing.
C.
Commission and Board of Supervisors action on proffered conditions.
(1)
After holding a public hearing on the conditional zoning application, the Planning Commission, in taking its action on the application, may recommend from the following options:
(a)
Recommend to the County Board of Supervisors approval of the rezoning application as submitted;
(b)
Recommend to the County Board of Supervisors denial of the application as submitted; or
(c)
Recommend approval of the application with the modification of one or more of the proffers in the application.
(2)
If the Planning Commission takes final action on a conditional rezoning application, it shall require the applicant to:
(a)
Reduce all proffers made to the Planning Commission to a final written proffer statement in the proper legal form required by the County; and
(b)
Return the final proffer statement to the Planning Director not more than 10 calendar days after the Planning Commission hearing for subsequent transmittal to the County Board of Supervisors.
(3)
The Planning Commission, upon the concurrence of the applicant, may defer action to a later meeting for the purpose of considering the revised proffers, provided that such revisions are submitted in proper legal form and are reviewed on the same time schedule as the original zoning application.
(4)
Upon completion of Planning Commission action on the conditional zoning application, the matter shall be forwarded to the County Board of Supervisors in the manner of all rezonings. The County Board of Supervisors, in taking action on the zoning amendment proposal and proffers, may:
(5)
The applicant may add to, expand, clarify or otherwise modify the proffer statement in writing at the time of the County Board of Supervisors public hearing. Upon receipt of the modification of the proffer statement, the County Board of Supervisors may take any one of the following actions:
(a)
The Board of Supervisors may decline to consider the modification to the proffer statement as not timely filed and act only upon the application which was acted upon by the Planning Commission if it finds that the additional modifications do not alter the overall application sufficiently to warrant continued review or referral to the Planning Commission.
(b)
The Board of Supervisors may continue the hearing on the application to another hearing date, in which case the applicant shall be required to submit to the Planning Director a final written proffer statement not less than 10 days before the scheduled hearing in order for the Board of Supervisors to act upon the application before the scheduled hearing. Nothing herein shall limit the Board of Supervisors' discretion to continue the application to subsequent dates for further modification.
(c)
The Board of Supervisors may refer the modified application back to the Planning Commission for review and recommendation in accordance with the preceding sections.
(6)
If an applicant at any time modifies an application by deleting any provision from any proffer that has been reviewed and acted upon by the Planning Commission, the Board of Supervisors may refer the application with such modified proffer back to the Planning Commission for review and recommendation in accordance with the preceding section.
(7)
The County Board of Supervisors shall accept only those proffers which have been reviewed and deemed acceptable in legal form, sufficiency and enforceability by the County Attorney.
(8)
No proffer may be modified or amended except in accordance with these provisions. After the effective date of this section, the County Board of Supervisors shall attach no conditions to nor accept any proffer with a rezoning except in accordance with this section.
D.
Recordation of proffers and amendment of Zoning Map.
(1)
If the County Board of Supervisors approves the rezoning petition and accepts the written proffer, the County Attorney shall, within 10 days of the County Board of Supervisors' action, examine the appropriate records so as to determine whether any change in the interest in the property has occurred since the date of the title certificate. In the event that the County Attorney determines that no such change in interest has occurred, the County Attorney shall, within said ten-day period, present the written proffer to the Clerk of the Circuit Court for recordation.
(2)
Upon recordation of the written proffer, the Zoning Administrator shall promptly delineate by appropriate symbol on the County's Official Zoning Map the existence of the written proffers and other conditional zoning considerations for the subject property. The Planning Director shall maintain and make available for public inspection the full and complete records of written proffers.
(3)
If, upon County Board of Supervisors approval of the rezoning petition and acceptance of the written proffers, the County Attorney determines that a change in ownership interest in the property has taken place, and that, in the County Attorney's opinion, such change may adversely affect the County's interest in the proffer, or there are procedural deficiencies, the applicant shall be notified in writing that the proffer will not be recorded and that the County Board of Supervisors' action in approving the rezoning will be rescinded and void unless an appeal is filed for a hearing before the County Board of Supervisors within 60 days of the date of the County Attorney's letter.
(4)
In the event that the applicant files an appeal within 60 days of the date of the County Attorney's letter, the applicant shall be given the opportunity for a hearing before the County Board of Supervisors. At the conclusion of such hearing, the County Board of Supervisors may, at its legislative discretion, permit the applicant to correct the legal or procedural objection identified by the County Attorney or may rescind its earlier action in approving the rezoning.
(5)
If the applicant fails to file his appeal within said sixty-day period or upon hearing an appeal the County Board of Supervisors acts to rescind its earlier action, the approval of the rezoning application shall be void. In no event shall the Zoning Map be changed to reflect the County Board of Supervisors' approval of the conditional zoning application until the Planning Director and Zoning Administrator receive written notification from the County Attorney that the proffer has been properly recorded.
E.
Legal form of proffer statement and title.
(1)
All proffers shall be in writing and shall be in a form suitable for recordation in the deed books maintained in the land records of Page County.
(2)
No proffer shall be accepted by the County Board of Supervisors which has not received the approval of the County Attorney as to legal form, sufficiency and enforceability.
(3)
Each conditional zoning petition and proffer statement shall be accompanied by a certificate of title, prepared and signed by an attorney licensed to practice law in the Commonwealth of Virginia. The title certificate copy shall describe the property that is the subject of the petition and shall identify all parties having a recorded interest in the property, including legal and equitable owners, and shall state the source of title or interest for each party.
(4)
The copy of the title certificate shall state the latest date through which the applicant's attorney examined the title to the property, which date shall not be more than six months prior to the date of the filing of the petition.
(5)
The County Attorney shall reject any title certificate which, in the County Attorney's opinion, is incomplete or is otherwise insufficient from a legal standpoint.
(6)
The written proffer shall name as grantors all owners of the property and shall be signed by all such parties. In the event that the applicant for the rezoning is a contract purchaser, such purchaser shall also be made party to the proffer and shall sign same.
(7)
The foregoing provisions shall not be construed as limiting the authority of the County Attorney to require that any additional person, firm association or corporation be made a party and sign the proffer, when, in the County Attorney's opinion, the inclusion of such person, firm, association or corporation is necessary to protect the County's interest.
F.
Effect, enforcement and amendment of proffered conditions.
(1)
Once proffered and accepted as part of an amendment to the County's zoning ordinance, such proffered conditions shall continue in full force and effect until any subsequent amendment changes the zoning of the property covered by such conditions. However, such proffered conditions shall continue in full force and effect if the subsequent zoning amendment is part of a County action to comprehensively implement a new or substantially revised zoning ordinance.
(2)
The Zoning Administrator shall be responsible for recording and referencing on the County's Official Zoning Map the existence of adopted proffered conditions for individual properties. Any site plan, subdivision plat, general development plan, special use permit plan or other land use application thereafter submitted for development of property with proffered conditions shall conform with all of such conditions, and, further, in the absence of full conformity, shall not be approved by any County official or body. For the purpose of this section, "full conformity" shall mean conformity which leaves a reasonable margin for technical adjustment due to introduction of final engineering and mapping date, but conforms to the general nature and intent of the development plat or plan, the specific uses, as well as the general layout depicted by the plans, profiles, elevations, and other demonstrative materials presented by the applicant's professional consultants.
(3)
In the event of an inconsistency between a specific written proffer and a graphic depiction upon an approved general development plan, the proffered text shall control.
(4)
(5)
No amendment shall be made to any accepted proffer except in the manner of a new rezoning application as set forth herein.