Code of Virginia
Chapter 22 - Planning, Subdivision of Land and Zoning
§ 15.2-2303. Conditional zoning in certain localities

A. A zoning ordinance may include reasonable regulations and provisions for conditional zoning as defined in § 15.2-2201 and for the adoption, in counties, or towns therein which have planning commissions, wherein the urban county executive form of government is in effect, or in a city adjacent to or completely surrounded by such a county, or in a county contiguous to any such county, or in a city adjacent to or completely surrounded by such a contiguous county, or in any town within such contiguous county, and in the counties east of the Chesapeake Bay as a part of an amendment to the zoning map of reasonable conditions, in addition to the regulations provided for the zoning district by the ordinance, when such conditions shall have been proffered in writing, in advance of the public hearing before the governing body required by § 15.2-2285 by the owner of the property which is the subject of the proposed zoning map amendment. Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to create a property owners' association under the Property Owners' Association Act (§ 55.1-1800 et seq.) which includes an express further condition that members of a property owners' association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments, and other public facilities not otherwise provided for in § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Department of Transportation. The governing body may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning ordinance, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.
B. In the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property, shall be effective with respect to such property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.
C. Any landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. Such notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement such proffers, or such later time as the governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development of the property. Any landowner who complies with the requirements of this subsection shall be entitled to the protection against action initiated by the governing body affecting use, floor area ratio, and density set out in subsection B, unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subdivision shall acquire no rights pursuant to this section.
D. Subsections B and C of this section shall be effective prospectively only, and not retroactively, and shall not apply to any zoning ordinance text amendments which may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to affect any litigation pending prior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.
E. Nothing in this section shall be construed to affect or impair the authority of a governing body to (i) accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or (ii) accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286, subdivision 5 of § 15.2-2242, or other provision of law.
F. In any instance in which a locality has accepted proffered conditions that include pedestrian improvements, and the Virginia Department of Transportation has reviewed and not objected to the proposed pedestrian improvements during the processing of the rezoning, the Virginia Department of Transportation shall allow the proffered improvements to be constructed, except when such improvements will violate local, state, or federal laws, regulations, or mandated engineering and safety standards.
G. In addition to the powers granted by the preceding subsections, a zoning ordinance may include reasonable regulations to implement, in whole or in part, the provisions of §§ 15.2-2296 through 15.2-2302.
Code 1950, § 15-968.5; 1962, c. 407, § 15.1-491; 1964, c. 564; 1966, c. 455; 1968, cc. 543, 595; 1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579, 582, 641; 1976, cc. 71, 409, 470, 683; 1977, c. 177; 1978, c. 543; 1979, c. 182; 1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481, 856; 1989, cc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c. 802; 1995, cc. 351, 475, 584, 603; 1996, c. 451; 1997, c. 587; 2001, c. 703; 2006, c. 450; 2008, c. 733.

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