Pursuant to Code of Virginia, § 15.2-2298(A), the board of supervisors hereby adopts and utilizes the conditional zoning authority granted under Code of Virginia, § 15.2-2303.

(Ord. No. O11-18, 6-21-11)

State Law reference— Code of Virginia, §§ 15.2-2298 and 15.2-2303.

(a)

Any applicant(s) for rezoning, major proffer amendments, or minor proffer amendments and the property owner(s), may, as part of a zoning map amendment, voluntarily proffer reasonable conditions in addition to the conditions provided for in the zoning district(s) by the zoning ordinance, including, but not limited to, off-site improvements, dedications of real property, and/or cash payments.

(b)

Any applicant(s) for rezoning, major proffer amendments, or minor proffer amendments and the property owner(s) who wish to submit voluntary proffers for the board of supervisors' consideration shall submit the proffers to the director of planning and zoning or his designee on forms provided by the planning and zoning department.

(1)

Every proffer statement shall include the voluntarily proffered conditions and a statement that the applicant(s) and property owner(s) voluntarily proffer the conditions.

(2)

Every proffer statement shall state that the applicant(s) and property owner(s) proffer that the use and development of the property shall be in strict accordance with the proffered conditions.

(3)

Any revised proffer statements shall state that it supersedes any previously submitted proffer statements and shall show the revisions:

(i)

On the face of the revised proffer statement by appropriate annotation, and

(ii)

By reference to a narrative description of changes that is submitted with the revised proffer statement.

(4)

In the event that the applicant(s) and property owner(s) voluntarily proffer to develop and use the property in accordance with the schematic land use plan, or other plans, proffers, elevations, demonstrative materials, and written statements submitted as part of the general development plan, the proffer statement shall so state and each copy of such materials shall so provide, in accordance with the provisions of the adopted proffer policy.

(5)

Every proffer statement shall be signed and acknowledged by the applicant(s) and the property owner(s). Every proffer statement shall be notarized.

(c)

The director of planning and zoning or his designee shall forward the rezoning application to the planning commission for a public hearing. After proper legal notice and a public hearing, the planning commission shall make its recommendation to the board of supervisors.

(d)

Failure of the planning commission to report its recommendation within one hundred (100) days after the first meeting of the commission after the rezoning application was referred to the commission shall be deemed a recommendation for approval of the rezoning application.

(e)

The board of supervisors shall advertise and hold a public hearing pursuant to the requirements of this article after which it shall vote on the rezoning application. The board may consider any proffers that are voluntarily proffered in writing, signed by the applicant(s) and the property owner(s), and submitted in advance of the public hearing. The board may accept amended proffers once the public hearing has begun only if the amended proffers are in writing, signed by the applicant(s) and property owner(s), and do not materially affect the overall rezoning application. The board, when acting on an application for a zoning map amendment, may accept proffered conditions as part of a zoning ordinance amendment.

(f)

The board of supervisors shall render a decision regarding a rezoning application within twelve (12) months after such application has been filed.

(g)

Consideration of any pending application beyond twelve (12) months from the date such application was filed may only be extended by written request of the applicant, subject to approval by the body currently considering the application, either the board of supervisors or planning commission.

(h)

Any application still pending more than eighteen (18) months from the date such application was filed shall be administratively closed by staff. The applicant may request a time extension in writing prior to such deadline, which request must contain a definitive time for moving forward with or withdrawing the application. Such extension request may only be granted by the board of supervisors.

(i)

Once accepted by the board of supervisors, proffered conditions shall be binding on the use and development of the property that was the subject of the zoning map amendment, and shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance and/or zoning map.

(j)

Minor amendments to approved proffers. In an approved conditional zoning, based upon approved proffers by the owner(s) of the property, minor amendments to approved proffers shall be allowed subject to the following requirements:

(1)

No more than two (2) proffered conditions can be changed at the time of request;

(2)

Changes do not materially affect site layout; and

(3)

Changes do not affect intensity, use, or functionality of the site.

(4)

Applications pursuant to this paragraph may be exempt from the requirements of County Code subsection 28-203(e).

(k)

Major amendments to approved proffers. Any amendment to proffered conditions other than that defined in subsection (f).

(Ord. No. O11-18, 6-21-11; Ord. No. O20-13, 6-2-20)

State Law reference— Code of Virginia, § 15.2-2303.

The zoning map shall show, by an appropriate symbol on the map, the existence of proffered conditions attaching to the zoning on the zoning map. The zoning administrator or his designee shall keep in his office and make available for public inspection a conditional zoning index. The index shall provide ready access to any zoning ordinance amendment creating proffered conditions in addition to the regulations in a particular zoning district. The index shall also provide ready access to all proffered cash payments and expenditures disclosure reports prepared by the board of supervisors pursuant to Code of Virginia, § 15.2-2303.2. The zoning administrator or his designee shall update the index annually and no later than November 30 of each year.

(Ord. No. O11-18, 6-21-11)

State Law reference— Code of Virginia, §§ 15.2-2300 and 15.2-2303.

(a)

Any site plan, subdivision plan, development plan, or permit application thereafter submitted for development of property to which proffered conditions have attached shall conform with 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 with the general nature and intent of the development, the specific uses, and the general layout depicted by the plans, profiles, elevations, and other demonstrative materials presented by the applicant.

(b)

The zoning administrator or his designee shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce conditions attached to a rezoning or a zoning map amendment, including but not limited to:

(1)

Issuance of written orders requiring compliance with such conditions;

(2)

Initiating legal action to ensure compliance with the proffered conditions, including injunction, abatement, or other appropriate action or proceeding;

(3)

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 proffered conditions and the contractor's guarantee, in like amount and so conditioned, which guarantee shall be reduced or released by the board of supervisors or its agent thereof, upon the submission of satisfactory evidence that construction of the improvements is complete in whole or in part; and/or

(4)

Denial of issuance of any use, occupancy, or building permits. Failure to meet all conditions shall constitute cause to deny the issuance of any of the required use, occupancy or building permits.

(Ord. No. O11-18, 6-21-11)

State Law reference— Code of Virginia, §§ 15.2-2299 and 15.2-2303.

(a)

There shall be no amendment or variation of conditions created pursuant to the provisions of Code of Virginia § 15.2-2298 or § 15.2-2303 until after a public hearing before the planning commission and board of supervisors advertised pursuant to the provisions of Code of Virginia § 15.2-2204. Where such amendment or variation of conditions does not affect use or density, the board of supervisors may waive the requirement for such public hearings, after receiving a written request from the applicant for such property. Amendment [or] variation of conditions eligible for consideration for such a waiver shall be limited to those involving the following areas:

(1)

Conflicts with current ordinances.

(2)

Buffer and screening standards that are no longer applicable.

(3)

Best management practices for stormwater management.

(4)

Percentage of parking area devoted to landscaping.

(5)

Building placement.

(6)

Sign location.

(7)

Dumpster or waste disposal location in excess of fifty (50) feet from the nearest residence.

(8)

Reduction in building footprint.

(9)

Reduction in building height.

(10)

Building architecture including design, materials, and color scheme.

(11)

Location, design, materials, and height of fences, walls, and berms.

(12)

Proffered conditions that have been completed or satisfied.

(b)

Any applicant requesting a waiver pursuant to this section shall state such on the application required by County Code section 28-162. In addition, the application shall include written proof of notification, including mail receipts, to all adjoining property owners. Such notice shall identify the proffers proposed for amendment and that the application may be reviewed at the department of planning and zoning. Notice sent by registered or certified mail to the last known address of any such owner, as shown on the current real estate tax assessment books of the county, shall be deemed compliance with this requirement. The provision of notice required hereunder shall be the responsibility of the applicant.

(Ord. No. O11-18, 6-21-11; Ord. No. O21-03, 3-2-21)

State Law reference— Virginia Code § 15.2-2302.