Article V, Sec. 86-70 through 86-77

Other

• Amendments require public hearingConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.

  Such amendment shall be the subject of public hearing in accordance with the requirements for a new application...

• Conditions continue in effect until zoning change

  Once proffered and accepted as part of an amendment to the zoning chapter, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions.

• Conditions must conform to comprehensive planComprehensive planThe long-range policy document zoning is meant to implement; it is not itself binding law.

  All such conditions shall be in conformity with the comprehensive plan as defined in Code of Virginia, § 15.2-2223.

• Enforcement by zoning administrator

  The zoning administrator shall be vested with all necessary authority on behalf of the board of supervisors to administer and enforce conditions attached to such rezoning...

• Conditions include written statements and plans

  Proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations, and/or demonstrative materials.

• No cash contributions to locality

  The conditions shall not include a cash contribution to the locality;

• No off-site improvements except as allowed

  The conditions shall not include payment for or construction of off-site improvements except those provided for in Code of Virginia, §§ 15.2-2241 and 15.2-2303.4;

• No property owners' association assessments for public facilities

  The conditions shall not include a requirement that the applicant create a property owners' association... which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity...

• Proffer must be accompanied by statement

  At the time each proffer is submitted to the county, it shall be accompanied by a statement signed by the applicant and the owner or their agents...

• Conditions must be reasonable and related to rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one.

  The rezoning itself must give rise for the need for the conditions; The conditions shall have a reasonable relation to the rezoning;

• Records for conditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. zoning

  The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The zoning administrator shall keep in their office and make available for public inspection, a conditional zoning index.

• Review of zoning administrator's decision within 30 days

  All petitions for review shall be filed with the zoning administrator and with the clerk of the board of supervisors within 30 days from the date of the decision for which review is sought...

• Development plans must be in substantial conformity

  Upon approval, 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...

• Voluntary proffers allowed if population growth 5% or more

  When the county has had population growth of five percent or more from the next-to-latest to latest decennial census year... it may also accept voluntary proffering as allowed in the Code of Virginia, § 15.2-2298.