Where competing and incompatible uses conflict, traditional zoning methods and procedures are sometimes inadequate. In such 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 zoning method as authorized under Code of Virginia, § 15.2-2303 whereby a zoning reclassification may be allowed subject to certain conditions proffered by the zoning applicant for the protection of the community even though such conditions may not be generally applicable to land similarly zoned. While the conditions may vary from property to property by reason of the nature of the use and different circumstances at a particular location, it is not the intention of this section to authorize conditions limited to a particular individual or group, owner or operator, and the provisions of this article shall not be used for the purpose of discrimination in housing.

(Ord. No. O-02-007, § 17-421, 6-11-2002)

As a part of a petition for rezoning or amendment of the zoning district map, the owner of the property involved may, prior to a public hearing before the board of supervisors, voluntarily proffer in writing such reasonable conditions, in addition to the regulations provided for the zoning district as set forth in this chapter, as he deems appropriate for the particular case, provided that:

(1)

The rezoning itself must give rise for the need for the conditions;

(2)

Such conditions shall have a reasonable relation to the rezoning;

(3)

All such conditions shall be in conformity with the comprehensive plan; and

(4)

If proffered conditions include the dedication of real property or payment of cash, 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 capital improvements program, provided that nothing in this subsection shall prevent the county from accepting proffered conditions which are not normally included in such capital improvement. 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 if the property or cash payment is not used for the purpose for which proffered.

(Ord. No. O-02-007, § 17-422, 6-11-2002)

For the purpose of this chapter, proffered conditions pursuant to this article shall be interpreted to include written statements, development plans, profiles, elevations and/or demonstrative materials. Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the owner of the subject property:

"I (We) 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."

(Ord. No. O-02-007, § 17-423, 6-11-2002)

(a)

Under this article additional conditions or modified conditions may be proffered by the applicant during or subsequent to the public hearings before the planning commission; provided, however, that after proffered conditions are signed and made available for public review and the public hearing before the board of supervisors has been advertised, whether or not jointly held with the planning commission, no change or modification to any condition shall be approved without a second advertised public hearing thereon.

(b)

After the board of supervisors' public hearing has been advertised or commenced, should additional or modified conditions be proffered by the applicant, which conditions were discussed at the public hearing before the planning commission, a second public hearing need be held only before the board of supervisors before the application, and the modified conditions can be approved.

(c)

Should additional conditions be proffered by the applicant at the time of the public hearing before the board of supervisors, which conditions were not addressed at the public hearing before the planning commission, or if the proffered conditions are modified beyond the scope of any conditions considered at the public hearing before the planning commission, the application shall be the subject of a second public hearing before both the planning commission and the board of supervisors, which hearing may be either separately or jointly held.

(Ord. No. O-02-007, § 17-424, 6-11-2002)

The zoning district map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The director of planning shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to the zoning ordinance creating conditions in addition to the regulations provided for in a particular zoning district. Such conditions shall become a part of the zoning regulations applicable to the property in question, regardless of changes in ownership or operation, unless subsequently changed by an amendment to the zoning district map, and such conditions shall be in addition to the specific regulations set forth in this chapter for the zoning district in question.

(Code 1988, § 17-425)

The director of planning shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce conditions attached to such rezoning or amendment to the zoning district map, including (i) the ordering in writing of the remedy of any noncompliance with such conditions, (ii) the bringing of legal action to ensure compliance with such conditions, including injunction, abatement or other appropriate action or proceeding; and (iii) requiring a guarantee, satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the board of supervisors or the agent thereof upon the submission of satisfactory evidence that construction of such improvements has been completed in whole or in part. Further, failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits, as may be appropriate.

(Code 1988, § 17-426)

State Law reference— Enforcement and guarantees, Code of Virginia, § 15.2-2299.

Upon approval as provided in this article, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformity with all proffered statements, plans, profiles, elevations or other demonstrative materials, and no development shall be approved by any county official in the absence of such substantial conformity. For the purpose of this article, substantial conformity shall mean that conformity which leaves a reasonable margin for adjustment to final engineering data but conforms with the general nature of the development, the specific uses and the general layout depicted by the plans, profiles, elevations and other demonstrative materials presented by the applicant.

(Ord. No. O-02-007, § 17-427, 6-11-2002)

Once conditions have been approved pursuant to this article and there is cause for an amendment that would not be in substantial conformity with the proffered conditions, an application shall be filed for an amendment. Such amendment shall be the subject of public hearing in accordance with the requirements for a new application. If the amendment concerns an approved site plan, such application shall include the submission requirements for a site plan set forth in section 90-824, except that the director of planning may waive any submission requirement if such requirement is not necessary for an adequate review of the site plan amendment application.

(Ord. No. O-02-007, § 17-428, 6-11-2002)

Any zoning applicant who is aggrieved by the decision of the director of planning pursuant to this article may petition the board of supervisors for review of the decision of the director of planning pursuant to provisions of section 90-990.

(Ord. No. O-02-007, § 17-429, 6-11-2002)

State Law reference— Petition for review of decision, Code of Virginia, § 15.2-2301.