A History of Rezoning Legislation in Goochland County, Virginia with Special Attention to Conditional Zoning

Goochland County is a suburban and rural community on western end of the Greater Richmond Metropolitan Area. The County has experienced substantial ongoing urban development. As such, to facilitate demand for development the County has periodically amended, as is typical for all localities with comprehensive zoning, the County zoning map which was adopted with the County’s original zoning ordinance in 1969. Since the General Assembly of Virginia passed the enabling legislation for conditional zoning, the County has been able to accept proffered conditions from applicants requesting a rezoning classification from the Goochland County Board of Supervisors. Conditional Zoning allows for applicants to offer up voluntarily restrictions more stringent than the underlying zoning district requirements or provide certain benefits not required by the zoning ordinance. It is generally considered to be a form of bargain-based planning. An analysis of all rezoning cases brought before the Board of Supervisors reveals a heavy use of proffered conditions by applicants in the County. In fact, most acreage in a majority of the County’s zoning districts are subject to proffered conditions. These conditions largely focus on concerns with buffers and transportation. Moreover, the number of conditions accepted by the Board of Supervisors, which are added to the zoning ordinance, is quite numerous—at least seven times longer than existing zoning ordinance. Bargain-based planning appears to be the default mode of planning in this county. Furthermore, the knowledge, upkeep, and enforcement of these conditions represents an underappreciated draw on a municipal planner’s time.