Proffer Conditions

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Suggested Language of Proffered Conditions

(part of a Conditional Petition to Rezone)

Proffered conditions:

  • 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.

Be aware of what you proffer. When conditions are approved as part of a rezoning, those conditions are legally binding. Only City Council has the power to amend or vary approved conditions. Petitioners are cautioned to proffer only those conditions to which they can adhere.

Commonly proffered conditions include providing buffers above and beyond the applicable zoning district regulations and/or restrictions on the regulations of the zoning district in respect to such areas as outdoor storage, signs, access, lighting, or use of the property. As a guide to petitioners seeking a conditional rezoning, the following language for commonly proffer conditions is suggested. Any or all of the following categories and the language itself may not be appropriate for all rezonings. This language is provided for guidance only. Additional guidance can be found in the Comprehensive Plan or in the appropriate neighborhood plan.

1. Agreement to be bound by proffers:

The applicant agrees that if the property is rezoned, the property will be subject to the following proffered conditions:

2. Use Limitations:

  1. The property shall be used for only the following permitted uses: [list permitted uses for the zoning district].

  2. There shall be no outdoor storage of ___________ (or display of merchandise).

  3. The hours of operation for any use of the property shall be limited to ________.

  4. The property, or any part of it, shall not be used as a [list permitted uses for the zoning district].

3. Density Limitations:

  1. Only _______ building(s) will be erected on the property, and all structures, including buildings, will cover no more than ____% [or ______ square feet] of the property.

  2. No more than _________ dwelling units may be constructed on the property.

4. Landscaping:

  1. The rezoned property shall be landscaped in accordance with the attached plans prepared by [name of firm], dated ____________. All plantings shall be planted prior to the issuance of a certificate of occupancy for the structure to be erected on the rezoned property (or e.g., all plants shall be planted in accordance with the schedule of planting shown on the landscaping plans).

  2. All landscaping and plantings shall be maintained and replaced on an annual basis as necessary.

  3. The area designated on the attached plat as "open space" shall remain in a maintained natural state shall remain in a maintained natural state.

5. Physical Improvements:

  1. A fence made of [materials], __________ high from grade, shall be erected as shown on the attached concept plan (Exhibit________).

  2. The applicant shall construct a sidewalk in conformance with City standards in the location shown on the attached concept plan (Exhibit_____).

  3. A retention basin or other low impact development methods for the control of storm drainage shall be constructed on the property in accordance with specifications approved by the City Engineer for the City of Charlottesville and plans approved by the City Engineer for the City of Charlottesville.

6. Access:

  1. Ingress to, and egress from, the property shall be from ______ only.

  2. There shall be no more than _____ point(s) of vehicular ingress to, or egress from, the property.

  3. There shall be no vehicular ingress to, or egress from, the property from _______________.

7. Lighting:

  1. No on-site lighting shall illuminate any off-site property.

8. Trails:

  1. Trails and bikeways constructed to ASHTO standards shall be provided as shown on the attached concept plan (Exhibit ____).

  2. Trails constructed to Appalachian Trail Standards shall be provided as shown on the attached concept plan (Exhibit ______).

9. Design Review:

  1. Concurrent with site plan review, architectural drawings will be submitted to the Planning Commission for design approval following the process outlined in the Zoning Ordinance for Entrance Corridor Review.

10. Public Facilities:

  1. Park land of _______ acres will be provided as shown on the attached concept plan. Amenities provided will include:
                         _________________________________________________


                         _________________________________________________

  2. Funding for improvements to the park located at _________________ will be provided in the amount of $____________ within _______ months after site plan approval.

  3. Bus enclosures and/or bus benches will be provided as shown on the attached concept plan.

11. Sidewalk Connectivity

  1. Sidewalks will be provided on the following off-site streets in order to improve pedestrian safety and connectivity.


    Street: ________________ from: ________________ to: ____________


    Street: ________________ from: ________________ to: ____________


    Street: ________________ from: ________________ to: ____________

12. Traffic Control/Improvements

  1. Interior traffic control will be provided as shown on the attached concept plan.

  2. Traffic improvements/control will be provided as described below to mitigate the impacts of the proposed rezoning/

    __________________________________________________________

  3. Funding for traffic improvements described below will be provided in the amount of $_____________ within _________ months of site plan approval.