Difference between revisions of "Proffered condition"

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(Created page with "A '''proffered condition''' ("proffer") is a limitation on a site’s physical development or use that is voluntarily offered by an applicant in order to mitigate or avoid ant...")
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Revision as of 18:00, 9 September 2019

A proffered condition ("proffer") is a limitation on a site’s physical development or use that is voluntarily offered by an applicant in order to mitigate or avoid anticipated negative impacts of development that would be enabled by the rezoning. Proffers can only be offered by the owner, contract purchaser with the owner’s written consent, or the owner’s agent. Once proffers are accepted as part of a rezoning, they run with the property and any subsequent owner is subject to the same conditions. Conditions are legally binding; non-compliance with proffers constitutes a zoning violation.[1]

Once accepted by the governing body, proffers become part of the zoning regulations applicable to the land and they run with the land until it is rezoned (there are exceptions). The Albemarle County Land Use Law Handbook Kamptner/July 2019

a Development Plan

A development plan is the most common type of proffer. A proffered development plan provides clear expectations for how the site is going to be developed.

Proffering a development plan

A development plan is the most common type of proffer.

Repealing proffered conditions

Proffer condition amendment

Enforcement of the city's zoning code


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