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.
[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.
[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.
[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.
[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.
[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.
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.
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.
[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.
[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.
[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.
