Code of Virginia
Chapter 22 - Planning, Subdivision of Land and Zoning
§ 15.2-2285. Preparation and adoption of zoning ordinance and map and amendments thereto; appeal

A. The planning commission of each locality may, and at the direction of the governing body shall, prepare a proposed zoning ordinance including a map or maps showing the division of the territory into districts and a text setting forth the regulations applying in each district. The commission shall hold at least one public hearing on a proposed ordinance or any amendment of an ordinance, after notice as required by § 15.2-2204, and may make appropriate changes in the proposed ordinance or amendment as a result of the hearing. Upon the completion of its work, the commission shall present the proposed ordinance or amendment including the district maps to the governing body together with its recommendations and appropriate explanatory materials.
B. No zoning ordinance shall be amended or reenacted unless the governing body has referred the proposed amendment or reenactment to the local planning commission for its recommendations. Failure of the commission to report 100 days after the first meeting of the commission after the proposed amendment or reenactment has been referred to the commission, or such shorter period as may be prescribed by the governing body, shall be deemed approval, unless the proposed amendment or reenactment has been withdrawn by the applicant prior to the expiration of the time period. The governing body shall hold at least one public hearing on a proposed reduction of the commission's review period. The governing body shall publish a notice of the public hearing in a newspaper having general circulation in the locality at least two weeks prior to the public hearing date and shall also publish the notice on the locality's website, if one exists. In the event of and upon such withdrawal, processing of the proposed amendment or reenactment shall cease without further action as otherwise would be required by this subsection.
C. Before approving and adopting any zoning ordinance or amendment thereof, the governing body shall hold at least one public hearing thereon, pursuant to public notice as required by § 15.2-2204, after which the governing body may make appropriate changes or corrections in the ordinance or proposed amendment. In the case of a proposed amendment to the zoning map, the public notice shall state the general usage and density range of the proposed amendment and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice required by § 15.2-2204. Zoning ordinances shall be enacted in the same manner as all other ordinances.
D. Any county which has adopted an urban county executive form of government provided for under Chapter 8 (§ 15.2-800 et seq.) may provide by ordinance for use of plans, profiles, elevations, and other such demonstrative materials in the presentation of requests for amendments to the zoning ordinance.
E. The adoption or amendment prior to March 1, 1968, of any plan or ordinance under the authority of prior acts shall not be declared invalid by reason of a failure to advertise, give notice or conduct more than one public hearing as may be required by such act or by this chapter, provided a public hearing was conducted by the governing body prior to the adoption or amendment.
F. Every action contesting a decision of the local governing body adopting or failing to adopt a proposed zoning ordinance or amendment thereto or granting or failing to grant a special exception shall be filed within thirty days of the decision with the circuit court having jurisdiction of the land affected by the decision. However, nothing in this subsection shall be construed to create any new right to contest the action of a local governing body.
Code 1950, §§ 15-822, 15-846, 15-968.7; 1962, c. 407, § 15.1-493; 1964, c. 279; 1968, c. 652; 1970, c. 216; 1972, c. 818; 1975, c. 641; 1984, c. 175; 1988, cc. 573, 733, 856; 1989, c. 359; 1990, c. 475; 1991, c. 235; 1996, c. 867; 1997, c. 587; 2019, c. 483.

Structure Code of Virginia

Code of Virginia

Title 15.2 - Counties, Cities and Towns

Chapter 22 - Planning, Subdivision of Land and Zoning

§ 15.2-2200. Declaration of legislative intent

§ 15.2-2201. Definitions

§ 15.2-2202. Duties of state agencies; electric utilities

§ 15.2-2203. Existing planning commissions and boards of zoning appeals; validation of plans previously adopted

§ 15.2-2204. Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments

§ 15.2-2205. Additional notice of planning or zoning matters

§ 15.2-2206. When locality may require applicant to give notice; how given

§ 15.2-2207. Public notice of juvenile residential care facilities in certain localities

§ 15.2-2208. Restraining violations of chapter

§ 15.2-2208.1. Damages for unconstitutional grant or denial by locality of certain permits and approvals

§ 15.2-2209. Civil penalties for violations of zoning ordinance

§ 15.2-2209.1. Extension of approvals to address housing crisis

§ 15.2-2209.1:1. Extension of approvals to address the COVID-19 pandemic

§ 15.2-2209.2. Public infrastructure maintenance bonds

§ 15.2-2210. Creation of local planning commissions; participation in planning district commissions or joint local commissions

§ 15.2-2211. Cooperation of local planning commissions and other agencies

§ 15.2-2212. Qualifications, appointment, removal, terms and compensation of members of local planning commissions

§ 15.2-2213. Advisory members

§ 15.2-2214. Meetings

§ 15.2-2215. Quorum majority vote

§ 15.2-2216. Facilities for holding of meetings and preservation of documents; appropriations for expenses

§ 15.2-2217. Officers, employees and consultants; expenditures; rules and records; special surveys

§ 15.2-2218. County planning commission serving as commission of town

§ 15.2-2219. Joint local planning commissions

§ 15.2-2220. Duplicate planning commission authorized for certain local governments

§ 15.2-2221. Duties of commissions

§ 15.2-2222. Expenditures; gifts and donations

§ 15.2-2222.1. Coordination of state and local transportation planning

§ 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose

§ 15.2-2223.1. Comprehensive plan to include urban development areas

§ 15.2-2223.2. Comprehensive plan to include coastal resource management guidance

§ 15.2-2223.3. Comprehensive plan shall incorporate strategies to combat projected sea-level rise and recurrent flooding

§ 15.2-2223.4. Comprehensive plan shall provide for transit-oriented development

§ 15.2-2223.5. Comprehensive plan shall address manufactured housing

§ 15.2-2224. Surveys and studies to be made in preparation of plan; implementation of plan

§ 15.2-2225. Notice and hearing on plan; recommendation by local planning commission to governing body; posting of plan on website

§ 15.2-2226. Adoption or disapproval of plan by governing body

§ 15.2-2227. Return of plan to local planning commission; resubmission

§ 15.2-2228. Adoption of parts of plan

§ 15.2-2229. Amendments

§ 15.2-2230. Plan to be reviewed at least once every five years

§ 15.2-2230.1. Public facilities study

§ 15.2-2231. Inclusion of incorporated towns in county plan; inclusion of adjacent unincorporated territory in municipal plan

§ 15.2-2232. Legal status of plan

§ 15.2-2233. Maps to be prepared in localities; what map shall show

§ 15.2-2234. Adoption; filing in office of clerk of court

§ 15.2-2235. Additions and modifications

§ 15.2-2236. Periodic review and readoption

§ 15.2-2237. Consultation with Commonwealth Transportation Board; copies of map and ordinance to be sent to Commonwealth Transportation Board

§ 15.2-2238. Authority of counties under Article 2 (§ 33.2-705 et seq.) of Chapter 7 not affected

§ 15.2-2239. Local planning commissions to prepare and submit annually capital improvement programs to governing body or official charged with preparation of budget

§ 15.2-2240. Localities to adopt ordinances regulating subdivision and development of land

§ 15.2-2241. Mandatory provisions of a subdivision ordinance

§ 15.2-2241.1. Bonding requirements for the acceptance of dedication for public use of certain facilities

§ 15.2-2241.2. Bonding provisions for decommissioning of solar energy equipment, facilities, or devices

§ 15.2-2242. Optional provisions of a subdivision ordinance

§ 15.2-2243. Payment by subdivider of the pro rata share of the cost of certain facilities

§ 15.2-2243.1. Payment by developer or subdivider

§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member

§ 15.2-2244.1. Additional method for subdivision of a lot for conveyance to a family member

§ 15.2-2244.2. Subdivision of a lot of property held in trust for a family member

§ 15.2-2245. Provisions for periodic partial and final release of certain performance guarantees

§ 15.2-2245.1. Stormwater management ponds; removal of trees

§ 15.2-2246. Site plans submitted in accordance with zoning ordinance

§ 15.2-2247. Applicability of subdivision ordinance to manufactured homes

§ 15.2-2248. Application of certain municipal subdivision regulations beyond corporate limits of municipality

§ 15.2-2249. Application of county subdivision regulations in area subject to municipal jurisdiction

§ 15.2-2250. Disagreement between county and municipality as to regulations

§ 15.2-2251. Local planning commission shall prepare and recommend ordinance; notice and hearing on ordinance

§ 15.2-2252. Filing and recording of ordinance and amendments thereto

§ 15.2-2253. Preparation and adoption of amendments to ordinance

§ 15.2-2254. Statutory provisions effective after ordinance adopted

§ 15.2-2255. Administration and enforcement of regulations

§ 15.2-2256. Procedure to account for fees for common improvements

§ 15.2-2257. Procedure to modify certain covenants in Shenandoah County

§ 15.2-2258. Plat of proposed subdivision and site plans to be submitted for approval

§ 15.2-2259. Local planning commission to act on proposed plat

§ 15.2-2260. Localities may provide for submission of preliminary subdivision plats; how long valid

§ 15.2-2261. Recorded plats or final site plans to be valid for not less than five years

§ 15.2-2261.1. Recorded plat or final site plans; conflicting zoning conditions

§ 15.2-2262. Requisites of plat

§ 15.2-2263. Expedited land development review procedure

§ 15.2-2264. Statement of consent to subdivision; execution; acknowledgment and recordation; notice to commissioner of the revenue or board of real estate assessors

§ 15.2-2265. Recordation of approved plat as transfer of streets, termination of easements and rights-of-way, etc.

§ 15.2-2266. Validation of certain plats recorded before January 1, 1975

§ 15.2-2267. Petition to restrict access to certain public streets

§ 15.2-2268. Localities not obligated to pay for grading, paving, etc.

§ 15.2-2269. Plans and specifications for utility fixtures and systems to be submitted for approval

§ 15.2-2270. Vacation of interests granted to a locality as a condition of site plan approval

§ 15.2-2271. Vacation of plat before sale of lot therein; ordinance of vacation

§ 15.2-2272. Vacation of plat after sale of lot

§ 15.2-2273. Fee for processing application under § 15.2-2271 or § 15.2-2272

§ 15.2-2274. Effect of vacation under § 15.2-2272

§ 15.2-2275. Relocation or vacation of boundary lines

§ 15.2-2276. Duty of clerk when plat vacated

§ 15.2-2277. Franklin County may require that notice be given to deed grantees of certain disclaimers regarding responsibility for roads; county eligible to have certain streets taken into secondary system

§ 15.2-2278. Vacating plat of subdivision

§ 15.2-2279. Ordinances regulating the building of houses and establishing setback lines

§ 15.2-2280. Zoning ordinances generally

§ 15.2-2281. Jurisdiction of localities

§ 15.2-2282. Regulations to be uniform

§ 15.2-2283. Purpose of zoning ordinances

§ 15.2-2283.1. Prohibition of sexual offender treatment office in residentially zoned subdivision

§ 15.2-2284. Matters to be considered in drawing and applying zoning ordinances and districts

§ 15.2-2285. Preparation and adoption of zoning ordinance and map and amendments thereto; appeal

§ 15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties

§ 15.2-2286.1. Provisions for clustering of single-family dwellings so as to preserve open space

§ 15.2-2287. Localities may require oath regarding property interest of local officials

§ 15.2-2287.1. Disclosures in land use proceedings

§ 15.2-2288. Localities may not require a special use permit for certain agricultural activities

§ 15.2-2288.01. Localities shall not require a special use permit for certain small-scale conversion of biomass to alternative fuel

§ 15.2-2288.1. Localities may not require a special use permit for certain residential uses

§ 15.2-2288.2. Localities may not require special use permit for certain temporary structures

§ 15.2-2288.3. Licensed farm wineries; local regulation of certain activities

§ 15.2-2288.3:1. Limited brewery license; local regulation of certain activities

§ 15.2-2288.3:2. Limited distiller's license; local regulation of certain activities

§ 15.2-2288.4. Extension of expiration dates for special use permits

§ 15.2-2288.5. Meaning of "cemetery" for purposes of zoning

§ 15.2-2288.6. Agricultural operations; local regulation of certain activities

§ 15.2-2288.7. Local regulation of solar facilities

§ 15.2-2288.8. Special exceptions for solar photovoltaic projects

§ 15.2-2289. Localities may provide by ordinance for disclosure of real parties in interest

§ 15.2-2290. Uniform regulations for manufactured housing

§ 15.2-2291. Assisted living facilities and group homes of eight or fewer; single-family residence

§ 15.2-2292. Zoning provisions for family day homes

§ 15.2-2292.1. Zoning provisions for temporary family health care structures

§ 15.2-2293. Airspace subject to zoning ordinances

§ 15.2-2293.1. Placement of amateur radio antennas

§ 15.2-2293.2. Regulation of helicopter use

§ 15.2-2294. Airport safety zoning

§ 15.2-2295. Aircraft noise attenuation features in buildings and structures within airport noise zones

§ 15.2-2295.1. Regulation of mountain ridge construction

§ 15.2-2295.2. Dam break inundation zones

§ 15.2-2296. Conditional zoning; declaration of legislative policy and findings; purpose

§ 15.2-2297. Same; conditions as part of a rezoning or amendment to zoning map

§ 15.2-2298. Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities

§ 15.2-2299. Same; enforcement and guarantees

§ 15.2-2300. Same; records

§ 15.2-2301. Same; petition for review of decision

§ 15.2-2302. Same; amendments and variations of conditions

§ 15.2-2303. Conditional zoning in certain localities

§ 15.2-2303.1. Development agreements in certain counties

§ 15.2-2303.1:1. When certain cash proffers collected or accepted

§ 15.2-2303.2. Proffered cash payments and expenditures

§ 15.2-2303.3. Cash proffers requested or accepted by a locality

§ 15.2-2303.4. Provisions applicable to certain conditional rezoning proffers

§ 15.2-2304. Affordable dwelling unit ordinances in certain localities

§ 15.2-2305. Affordable dwelling unit ordinances

§ 15.2-2305.1. Affordable housing dwelling unit ordinances

§ 15.2-2306. Preservation of historical sites and architectural areas

§ 15.2-2306.1. Creation of working waterfront development areas

§ 15.2-2307. Vested rights not impaired; nonconforming uses

§ 15.2-2307.1. Protection of established commercial fishing operations

§ 15.2-2308. Boards of zoning appeals to be created; membership, organization, etc.

§ 15.2-2308.1. Boards of zoning appeals, ex parte communications, proceedings

§ 15.2-2309. Powers and duties of boards of zoning appeals

§ 15.2-2310. Applications for special exceptions and variances

§ 15.2-2311. Appeals to board

§ 15.2-2312. Procedure on appeal

§ 15.2-2313. Proceedings to prevent construction of building in violation of zoning ordinance

§ 15.2-2314. Certiorari to review decision of board

§ 15.2-2315. Conflict with statutes, local ordinances or regulations

§ 15.2-2316. Validation of zoning ordinances prior to 1971

§ 15.2-2316.1. Definitions

§ 15.2-2316.2. Localities may provide for transfer of development rights

§ 15.2-2316.3. Definitions

§ 15.2-2316.4. Zoning; small cell facilities

§ 15.2-2316.4:1. Zoning; other wireless facilities and wireless support structures

§ 15.2-2316.4:2. Application reviews

§ 15.2-2316.4:3. Additional provisions

§ 15.2-2316.5. Moratorium prohibited

§ 15.2-2316.6. Definitions

§ 15.2-2316.7. Negotiations; siting agreement

§ 15.2-2316.8. Powers of host localities

§ 15.2-2316.9. Effect of executed siting agreement; land use approval

§ 15.2-2317. Applicability of article

§ 15.2-2318. Definitions

§ 15.2-2319. Authority to assess and impose impact fees

§ 15.2-2320. Impact fee service areas to be established

§ 15.2-2321. Adoption of road improvements program

§ 15.2-2322. Adoption of impact fee and schedule

§ 15.2-2323. When impact fees assessed and imposed

§ 15.2-2324. Credits against impact fee

§ 15.2-2325. Updating plan and amending impact fee

§ 15.2-2326. Use of proceeds

§ 15.2-2327. Refund of impact fees

§ 15.2-2328. Applicability of article

§ 15.2-2329. Imposition of impact fees