§ 3A-2. Proffer of conditions.

The owner or owners of property making application for a change in zoning or amendment to a zoning or amendment to a zoning map, as part of their application, may voluntarily proffer in writing reasonable conditions which shall be in addition to the regulations provided for in the zoning district or zone sought in the rezoning petition. The conditions shall be proffered as a part of the requested rezoning or amendment to the county's zoning map. It is expressly provided, however, that the conditions so proffered are subject to the following limitations:

(1)

The rezoning itself must give rise to the need for the conditions;

(2)

Such conditions shall have a reasonable relation to the rezoning;

(3)

Such conditions may include a cash contribution to the county;

(4)

Such conditions may include dedication of real or personal property for open space, parks, schools, fire departments or other public facilities including, but not limited to, dedication of any street, curb, gutter, sidewalk, bicycle trail, drainage, water or sewer system;

(5)

Such conditions may include payment for or construction of off-site improvements; and

(6)

All such conditions shall be in conformity with the comprehensive plan of the county.

Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.