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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==Proffering a development plan==
 
==Proffering a development plan==
 
A development plan is the most common type of proffer.
 
A development plan is the most common type of proffer.
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==City of Charlottesville proffered conditions==
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Source: City "REZONING PETITION" form<ref>https://www.charlottesville.org/home/showdocument?id=7618</ref>
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*Are not appropriate or necessary for all rezonings.
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*Must be voluntary on the part of the applicant.
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*Must be tailored to suit the land and the proposed development. *Are in addition to the regulations that apply in the zoning district.
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*Must be necessary as a direct result of the rezoning itself.
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*Must be on-site and related to the physical development or operation of the property.
  
 
==Repealing proffered conditions==
 
==Repealing proffered conditions==
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==Enforcement of the city's zoning code==
 
==Enforcement of the city's zoning code==
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==2016 Changes to the Proffer Authority==
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New Va. Code Section 15.2-2303.4 (Effective July 1, 2016)
  
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[https://www.albemarle.org/upload/images/Forms_Center/Departments/Community_Development/Forms/Joint%20CAC/CAC-Proffers_100616.pdf Virginia Code § 15.2-2303.4: Guidance on the New Proffer Legislation Prepared by the Albemarle County Attorney’s Office, October 6, 2016]
 
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Revision as of 21:09, 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.

City of Charlottesville proffered conditions

Source: City "REZONING PETITION" form[2]

  • Are not appropriate or necessary for all rezonings.
  • Must be voluntary on the part of the applicant.
  • Must be tailored to suit the land and the proposed development. *Are in addition to the regulations that apply in the zoning district.
  • Must be necessary as a direct result of the rezoning itself.
  • Must be on-site and related to the physical development or operation of the property.

Repealing proffered conditions

Proffer condition amendment

Enforcement of the city's zoning code

2016 Changes to the Proffer Authority

New Va. Code Section 15.2-2303.4 (Effective July 1, 2016)

Virginia Code § 15.2-2303.4: Guidance on the New Proffer Legislation Prepared by the Albemarle County Attorney’s Office, October 6, 2016

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References

External Links

[1]