Article XX, Sec. 98-781
Extracted standards
9 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- 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 New Kent County Comprehensive Plan.
- Conditions must have reasonable relation to rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one.
The conditions shall have a reasonable relation to the rezoning.
- Conditions are nonseverable and remain in force
Upon the approval of any such rezoning or amendment to this chapter, all conditions proffered and accepted by the board of supervisors shall be deemed part of this chapter and nonseverable therefrom, and shall remain in force and continue in effect until amended or varied by the board of supervisors.
- Zoning administrator enforcement authority
The zoning administrator shall be vested with all necessary authority on behalf of the county to administer and enforce conditions attached to a rezoning or amendment to a zoning map.
- Petition for review of zoning administrator decision30 days
All petitions for review shall be filed with the zoning administrator and with the clerk within 30 days from the date of the decision for which review is sought.
- Proffered conditions required for conditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. zoning
Any owner of property making application for rezoning or amendment to the zoning map as part of the application may voluntarily proffer in writing reasonable conditions prior to any public hearing before the board of supervisors, which shall be in addition to the regulations provided for the applicable zoning district or zone by this chapter.
- Submittal requirements for conditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one.
Each application for rezoning which proposes conditions to be applied shall be accompanied by the following items beyond those required by conventional rezoning requests. (1) A statement detailing the nature and location of any proffered conditions and those proposed circumstances which prompted the proffering of such conditions. (2) A signed statement by both the applicant and owner.
- Development must be in substantial conformance with proffered conditions
Upon approval, any site plan, subdivision plat or development plan thereafter submitted for the development of the property in question shall be in substantial conformance with all proffered conditions and no development shall be approved by any county official in the absence of such substantial conformance.
- ConditionalConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one. designated on zoning map
Each conditional rezoning shall be designated on the zoning map by an appropriate symbol designed by the zoning administrator.
From the ordinance
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 that are not generally applicable to land similarly zoned.