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
    This chapter is intended to encourage localities to improve the public health, safety, convenience and welfare of its citizens and to plan for the future ...
  • 15.2-2201 Definitions
    As used in this chapter, unless the context requires a different meaning: "Affordable housing" means, as a guideline, housing that is affordable to households with ...
  • 15.2-2202 Duties of state agencies; electric utilities
    A. The Department of Environmental Quality shall distribute a copy of the environmental impact report submitted to the Department for every major state project pursuant ...
  • 15.2-2203 Existing planning commissions and boards of zoning appeals; validation of plans previously adopte...
    Upon the effective date of this chapter, planning commissions, by whatever name designated, and boards of zoning appeals heretofore established shall continue to operate as ...
  • 15.2-2204 Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendmen...
    A. Plans or ordinances, or amendments thereof, recommended or adopted under the powers conferred by this chapter need not be advertised in full, but may ...
  • 15.2-2205 Additional notice of planning or zoning matters
    Any locality may give, in addition to any specific notice required by law, notice by direct mail or any other means of any planning or ...
  • 15.2-2206 When locality may require applicant to give notice; how given
    Any locality may by ordinance require that a person applying to the local governing body, local planning commission or board of zoning appeals pursuant to ...
  • 15.2-2207 Public notice of juvenile residential care facilities in certain localities
    In any locality without an applicable zoning ordinance, the local governing body may provide by ordinance that any party desiring to establish a public or ...
  • 15.2-2208 Restraining violations of chapter
    A. Any violation or attempted violation of this chapter, or of any regulation adopted hereunder may be restrained, corrected, or abated as the case may ...
  • 15.2-2209 Civil penalties for violations of zoning ordinance
    Notwithstanding subdivision A 5 of § 15.2-2286, any locality may adopt an ordinance which establishes a uniform schedule of civil penalties for violations of specified ...
  • 15.2-2210 Creation of local planning commissions; participation in planning district commissions or joint loc...
    Every locality shall by resolution or ordinance create a local planning commission in order to promote the orderly development of the locality and its environs. ...
  • 15.2-2211 Cooperation of local planning commissions and other agencies
    The planning commission of any locality may cooperate with local planning commissions or legislative and administrative bodies and officials of other localities so as to ...
  • 15.2-2212 Qualifications, appointment, removal, terms and compensation of members of local planning commissio...
    A local planning commission shall consist of not less than five nor more than fifteen members, appointed by the governing body, all of whom shall ...
  • 15.2-2213 Advisory members
    A member of a local planning commission may, with the consent of both governing bodies, serve as an advisory member of the local planning commission ...
  • 15.2-2214 Meetings
    The local planning commission shall fix the time for holding regular meetings. The commission, by resolution adopted at a regular meeting, may also fix the ...
  • 15.2-2215 Quorum majority vote
    A majority of the members shall constitute a quorum and no action of the local planning commission shall be valid unless authorized by a majority ...
  • 15.2-2216 Facilities for holding of meetings and preservation of documents; appropriations for expense...
    The governing body may provide the local planning commission with facilities for the holding of meetings and the preservation of plans, maps, documents and accounts, ...
  • 15.2-2217 Officers, employees and consultants; expenditures; rules and records; special surveys
    The local planning commission shall elect from the appointed members a chairman and a vice-chairman, whose terms shall be for one year. If authorized by ...
  • 15.2-2218 County planning commission serving as commission of town
    The governing body of any town may designate, with the consent of the governing body of a contiguous county, by ordinance, the county planning commission ...
  • 15.2-2219 Joint local planning commissions
    Any one or more adjoining or adjacent counties or municipalities including any municipality within any such county may by agreement provide for a joint local ...
  • 15.2-2220 Duplicate planning commission authorized for certain local governments
    The Cities of Chesapeake and Hampton may by ordinance establish a duplicate planning commission solely for the purpose of considering matters arising from the provisions ...
  • 15.2-2221 Duties of commissions
    To effectuate this chapter, the local planning commission shall: 1. Exercise general supervision of, and make regulations for, the administration of its affairs; 2. Prescribe ...
  • 15.2-2222 Expenditures; gifts and donations
    The local planning commission may expend, under regular local procedure as provided by law, sums appropriated to it for its purposes and activities. A locality ...
  • 15.2-2222.1 Coordination of state and local transportation planning
    A. Prior to adoption of any comprehensive plan pursuant to § 15.2-2223, any part of a comprehensive plan pursuant to § 15.2-2228, or any amendment ...
  • 15.2-2223 Comprehensive plan to be prepared and adopted; scope and purpose
    The local planning commission shall prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction and every governing body ...
  • 15.2-2223.1 Comprehensive plan to include urban development areas; new urbanism
    A. Every county, city, or town that has adopted zoning pursuant to Article 7 (§ 15.2-2280 et seq.) of Chapter 22 of Title 15.2 and ...
  • 15.2-2224 Surveys and studies to be made in preparation of plan; implementation of plan
    A. In the preparation of a comprehensive plan, the local planning commission shall survey and study such matters as the following: 1. Use of land, ...
  • 15.2-2225 Notice and hearing on plan; recommendation by local planning commission to governing body
    Prior to the recommendation of a comprehensive plan or any part thereof, the local planning commission shall give notice in accordance with § 15.2-2204 and ...
  • 15.2-2226 Adoption or disapproval of plan by governing body
    After certification of the plan or part thereof, the governing body, after a public hearing with notice as required by § 15.2-2204, shall proceed to ...
  • 15.2-2227 Return of plan to local planning commission; resubmission
    If the governing body disapproves the plan, then it shall be returned to the local planning commission for its reconsideration, with a written statement of ...
  • 15.2-2228 Adoption of parts of plan
    As the work of preparing the comprehensive plan progresses, the local planning commission may, from time to time, recommend, and the governing body approve and ...
  • 15.2-2229 Amendments
    After the adoption of a comprehensive plan, all amendments to it shall be recommended, and approved and adopted, respectively, as required by § 15.2-2204. If ...
  • 15.2-2230 Plan to be reviewed at least once every five years
    At least once every five years the comprehensive plan shall be reviewed by the local planning commission to determine whether it is advisable to amend ...
  • 15.2-2230.1 Public facilities study
    In addition to reviewing the comprehensive plan, the planning commission may make a study of the public facilities, including existing facilities, which would be needed ...
  • 15.2-2231 Inclusion of incorporated towns in county plan; inclusion of adjacent unincorporated territory in m...
    Any county plan may include planning of incorporated towns to the extent to which, in the county local planning commission's judgment, it is related to ...
  • 15.2-2232 Legal status of plan
    A. Whenever a local planning commission recommends a comprehensive plan or part thereof for the locality and such plan has been approved and adopted by ...
  • 15.2-2233 Maps to be prepared in localities; what map shall show
    In localities where no official map exists, or where an existing official map is incomplete, the local planning commission may make, or cause to be ...
  • 15.2-2234 Adoption; filing in office of clerk of court
    After the official map has been prepared and recommended by the local planning commission it shall be certified by the commission to the governing body ...
  • 15.2-2235 Additions and modifications
    The governing body may by ordinance make, from time to time, other additions to or modifications of the official map by placing thereon the location ...
  • 15.2-2236 Periodic review and readoption
    The official map and any additions thereto or modifications thereof shall be reviewed within five years from the date of adoption or readoption of the ...
  • 15.2-2237 Consultation with Commonwealth Transportation Board; copies of map and ordinance to be sent to Comm...
    During the preparation of an official map the local planning commission shall consult with the Commonwealth Transportation Board or its local representative as to any ...
  • 15.2-2238 Authority of counties under { 33.1-229 et seq. not affected
    The provisions of this article shall not affect the exercise of the authority contained in § 33.1-229 et seq. by counties that have withdrawn their ...
  • 15.2-2239 Local planning commissions to prepare and submit annually capital improvement programs to governin...
    A local planning commission may, and at the direction of the governing body shall, prepare and revise annually a capital improvement program based on the ...
  • 15.2-2240 Localities to adopt ordinances regulating subdivision and development of land
    The governing body of every locality shall adopt an ordinance to assure the orderly subdivision of land and its development. (Code 1950, §§ 15-781, 15-967; ...
  • 15.2-2241 Mandatory provisions of a subdivision ordinance
    A subdivision ordinance shall include reasonable regulations and provisions that apply to or provide: 1. For plat details which shall meet the standard for plats ...
  • 15.2-2241.1 Bonding requirements for the acceptance of dedication for public use of certain facilitie...
    Notwithstanding the provisions of § 15.2-2241, provided the developer and the governing body have agreed on the delineation of sections within a proposed development, the ...
  • 15.2-2242 Optional provisions of a subdivision ordinance
    A subdivision ordinance may include: 1. Provisions for variations in or exceptions to the general regulations of the subdivision ordinance in cases of unusual situations ...
  • 15.2-2243 Payment by subdivider of the pro rata share of the cost of certain facilities
    A. A locality may provide in its subdivision ordinance for payment by a subdivider or developer of land of the pro rata share of the ...
  • 15.2-2243.1 (Effective July 1, 2009) Payment by developer or subdivider.
    A. If the Department of Conservation and Recreation determines that a plan of development proposed by a developer or subdivider is wholly or partially within ...
  • 15.2-2244 Provisions for subdivision of a lot for conveyance to a family member
    A. In any county and the City of Suffolk a subdivision ordinance shall provide for reasonable provisions permitting a single division of a lot or ...
  • 15.2-2244.1 Additional method for subdivision of a lot for conveyance to a family member
    In addition to § 15.2-2244, a locality may include in its subdivision ordinance provisions permitting a single division of a lot or parcel for the ...
  • 15.2-2245 Provisions for periodic partial and final release of certain performance guarantees
    A. A subdivision ordinance shall provide for the periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee ...
  • 15.2-2245.1 Stormwater management ponds; removal of trees
    A locality shall not require, but may permit, the removal of trees to create stormwater management ponds or facilities if the minimum adequate outfall requirements ...
  • 15.2-2246 Site plans submitted in accordance with zoning ordinance
    Site plans or plans of development which are required to be submitted and approved in accordance with subdivision A 8 of § 15.2-2286 shall be ...
  • 15.2-2247 Applicability of subdivision ordinance to manufactured homes
    Any locality may designate by ordinance the areas within its jurisdiction in which manufactured homes may be located or manufactured home parks may be established, ...
  • 15.2-2248 Application of certain municipal subdivision regulations beyond corporate limits of municipalit...
    The subdivision regulations adopted by a municipality within the counties of Giles, Clarke, Culpeper, Loudoun or Mecklenburg shall apply within the corporate limits and may ...
  • 15.2-2249 Application of county subdivision regulations in area subject to municipal jurisdiction
    The subdivision regulations adopted by the counties of Giles, Clarke, Culpeper, Loudoun or Mecklenburg shall apply in all the unincorporated territory of the county; provided, ...
  • 15.2-2250 Disagreement between county and municipality as to regulations
    When a disagreement arises between the counties of Giles, Clarke, Culpeper, Loudoun or Mecklenburg and a municipality as to what regulations should be adopted for ...
  • 15.2-2251 Local planning commission shall prepare and recommend ordinance; notice and hearing on ordinanc...
    In every locality the local planning commission shall prepare and recommend the subdivision ordinance and transmit it to the governing body. The governing body of ...
  • 15.2-2252 Filing and recording of ordinance and amendments thereto
    When a subdivision ordinance has been adopted, or amended, a certified copy of the ordinance and any and all amendments thereto shall be filed in ...
  • 15.2-2253 Preparation and adoption of amendments to ordinance
    A local planning commission on its own initiative may or at the request of the governing body of the locality shall prepare and recommend amendments ...
  • 15.2-2254 Statutory provisions effective after ordinance adopted
    After the adoption of a subdivision ordinance in accordance with this chapter, the following provisions shall be effective in the territory to which the ordinance ...
  • 15.2-2255 Administration and enforcement of regulations
    The administration and enforcement of subdivision regulations insofar as they pertain to public improvements as authorized in §§ 15.2-2241 through 15.2-2245 shall be vested in ...
  • 15.2-2256 Procedure to account for fees for common improvements
    Upon a verified petition signed by the owners, other than the original subdivider, of ten percent of the lots in any subdivision, the board of ...
  • 15.2-2257 Description unavailable
    Not set out. (1987, c. 501, § 15.1-474.2; 1997, c. 587; 1998, c. 623.) ...
  • 15.2-2258 Plat of proposed subdivision and site plans to be submitted for approval
    Whenever the owner or proprietor of any tract of land located within any territory to which a subdivision ordinance applies desires to subdivide the tract, ...
  • 15.2-2259 Local planning commission to act on proposed plat
    A. 1. Except as otherwise provided in subdivisions A 2 and A 3, the local planning commission or other agent shall act on any proposed ...
  • 15.2-2260 Localities may provide for submission of preliminary subdivision plats; how long valid
    A. Nothing in this article shall be deemed to prohibit the local governing body from providing in its ordinance for the submission of preliminary subdivision ...
  • 15.2-2261 Recorded plats or final site plans to be valid for not less than five years
    A. An approved final subdivision plat which has been recorded or an approved final site plan, hereinafter referred to as "recorded plat or final site ...
  • 15.2-2261.1 Recorded plat or final site plans; conflicting zoning conditions
    If the provisions of a recorded plat or final site plan, which was specifically determined by the governing body and not its designee, to be ...
  • 15.2-2262 Requisites of plat
    Every subdivision plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon each plat ...
  • 15.2-2263 Expedited land development review procedure
    A. The Counties of Hanover, Loudoun, Montgomery, Prince William, and Roanoke may establish, by ordinance, a separate processing procedure for the review of preliminary and ...
  • 15.2-2264 Statement of consent to subdivision; execution; acknowledgment and recordation; notice to commissio...
    Every plat, or deed of dedication to which the plat is attached, shall contain in addition to the professional engineer's or land surveyor's certificate a ...
  • 15.2-2265 Recordation of approved plat as transfer of streets, termination of easements and rights-of-way, et...
    The recordation of an approved plat shall operate to transfer, in fee simple, to the respective localities in which the land lies the portion of ...
  • 15.2-2266 Validation of certain plats recorded before January 1, 1975
    Any subdivision plat recorded prior to January 1, 1975, if otherwise valid, is hereby validated and declared effective even though the technical requirements for recordation ...
  • 15.2-2267 Petition to restrict access to certain public streets
    Notwithstanding the provisions of § 15.2-2265, when the streets in a subdivision have not been accepted into the highway system and serve only, or are ...
  • 15.2-2268 Localities not obligated to pay for grading, paving, etc
    Nothing herein shall be construed as creating an obligation upon any locality to pay for grading or paving, or for sidewalk, sewer, curb and gutter ...
  • 15.2-2269 Plans and specifications for utility fixtures and systems to be submitted for approval
    A. If the owners of any such subdivision desire to construct in, on, under, or adjacent to any streets or alleys located in such subdivision ...
  • 15.2-2270 Vacation of interests granted to a locality as a condition of site plan approval
    Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to a locality as ...
  • 15.2-2271 Vacation of plat before sale of lot therein; ordinance of vacation
    Where no lot has been sold, the recorded plat, or part thereof, may be vacated according to either of the following methods: 1. With the ...
  • 15.2-2272 Vacation of plat after sale of lot
    In cases where any lot has been sold, the plat or part thereof may be vacated according to either of the following methods: 1. By ...
  • 15.2-2273 Fee for processing application under { 15.2-2271 or { 15.2-2272
    Any locality may prescribe and charge a reasonable fee not exceeding $150 for processing an application pursuant to § 15.2-2271 or § 15.2-2272 for the ...
  • 15.2-2274 Effect of vacation under { 15.2-2272
    The recordation of the instrument as provided under subdivision 1 of § 15.2-2272 or of the ordinance as provided under subdivision 2 of § 15.2-2272 ...
  • 15.2-2275 Relocation or vacation of boundary lines
    Any locality may provide, as a part of its subdivision ordinance, that the boundary lines of any lot or parcel of land may be vacated, ...
  • 15.2-2276 Duty of clerk when plat vacated
    The clerk in whose office any plat so vacated has been recorded shall write in plain legible letters across such plat, or the part thereof ...
  • 15.2-2277 Description unavailable
    Not set out. (1990, c. 906, § 15.1-465.1; 1997, c. 587.) ...
  • 15.2-2278 Vacating plat of subdivision
    Any plat of subdivision recorded in any clerk's office, whether or not pursuant to this article, may be vacated in the manner prescribed by § ...
  • 15.2-2279 Ordinances regulating the building of houses and establishing setback lines
    Any locality may by ordinance regulate the building of houses in the locality including the adoption of off-street parking requirements, minimum setbacks and side yards ...
  • 15.2-2280 Zoning ordinances generally
    Any locality may, by ordinance, classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as ...
  • 15.2-2281 Jurisdiction of localities
    For the purpose of zoning, the governing body of a county shall have jurisdiction over all the unincorporated territory in the county, and the governing ...
  • 15.2-2282 Regulations to be uniform
    All zoning regulations shall be uniform for each class or kind of buildings and uses throughout each district, but the regulations in one district may ...
  • 15.2-2283 Purpose of zoning ordinances
    Zoning ordinances shall be for the general purpose of promoting the health, safety or general welfare of the public and of further accomplishing the objectives ...
  • 15.2-2283.1 Prohibition of sexual offender treatment office in residentially zoned subdivision
    Notwithstanding any other provision of law, no individual shall knowingly provide sex offender treatment services to a convicted sex offender in an office or similar ...
  • 15.2-2284 Matters to be considered in drawing and applying zoning ordinances and districts
    Zoning ordinances and districts shall be drawn and applied with reasonable consideration for the existing use and character of property, the comprehensive plan, the suitability ...
  • 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 ...
  • 15.2-2286 Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penaltie...
    A. A zoning ordinance may include, among other things, reasonable regulations and provisions as to any or all of the following matters: 1. For variances ...
  • 15.2-2286.1 Provisions for clustering of single-family dwellings so as to preserve open space
    A. The provisions of this section shall apply to any county or city that had a population growth rate of 10% or more from the ...
  • 15.2-2287 Localities may require oath regarding property interest of local officials
    A zoning ordinance may provide that petitions brought by property owners, contract purchasers or the agents thereof, shall be sworn to under oath before a ...
  • 15.2-2287.1 Disclosures in land use proceedings.
    A. The provisions of this section shall apply in their entirety to the County of Loudoun. B. Each individual member of the board of supervisors, ...
  • 15.2-2288 Localities may not require a special use permit for certain agricultural activities
    A zoning ordinance shall not require that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an ...
  • 15.2-2288.1 Localities may not require a special use permit for certain residential uses
    No local ordinance shall require as a condition of approval of a subdivision plat, site plan, or plan of development, or issuance of a building ...
  • 15.2-2288.2 Localities may not require special use permit for certain temporary structures
    A zoning ordinance shall not require that a special exception or special use permit be obtained in order to erect a tent on private property ...
  • 15.2-2288.3 Licensed farm wineries; local regulation of certain activities
    A. It is the policy of the Commonwealth to preserve the economic vitality of the Virginia wine industry while maintaining appropriate land use authority to ...
  • 15.2-2289 Localities may provide by ordinance for disclosure of real parties in interest
    In addition to the powers granted by this chapter, localities may provide by ordinance that the local planning commission, governing body or zoning appeals board ...
  • 15.2-2290 Uniform regulations for manufactured housing
    A. Localities adopting and enforcing zoning ordinances under the provisions of this article shall provide that, in all agricultural zoning districts or districts having similar ...
  • 15.2-2291 Group homes of eight or fewer single-family residence
    A. Zoning ordinances for all purposes shall consider a residential facility in which no more than eight mentally ill, mentally retarded, or developmentally disabled persons ...
  • 15.2-2292 Zoning provisions for family day homes
    A. Zoning ordinances for all purposes shall consider a family day home as defined in § 63.2-100 serving one through five children, exclusive of the ...
  • 15.2-2293 Airspace subject to zoning ordinances
    A. A zoning ordinance shall be applicable to the superjacent airspace of any nonpublic-owned land area. B. Airspace superjacent or subjacent to any public highway, ...
  • 15.2-2293.1 Placement of amateur radio antennas
    Any ordinance involving the placement, screening or height of antennas shall reasonably accommodate amateur radio antennas and shall impose the minimum regulation necessary to accomplish ...
  • 15.2-2294 Airport safety zoning
    Every locality (i) in whose jurisdiction a licensed airport or United States government or military air facility is located or (ii) over whose jurisdiction the ...
  • 15.2-2295 Aircraft noise attenuation features in buildings and structures within airport noise zone...
    Any locality in whose jurisdiction, or adjacent jurisdiction, is located a licensed airport or United States government or military air facility, may enforce building regulations ...
  • 15.2-2295.1 Regulation of mountain ridge construction
    A. As used in this section, unless the context requires a different meaning: "Construction" means the building, alteration, repair, or improvement of any building or ...
  • 15.2-2295.2 Dam break inundation zones.
    A locality may by ordinance require the modification of an application for zoning modification, a conditional use permit, or a special exception for the area ...
  • 15.2-2296 Conditional zoning; declaration of legislative policy and findings; purpose
    It is the general policy of the Commonwealth in accordance with the provisions of § 15.2-2283 to provide for the orderly development of land, for ...
  • 15.2-2297 Same; conditions as part of a rezoning or amendment to zoning map
    A. A zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing ...
  • 15.2-2298 Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth lo...
    A. Except for those localities to which § 15.2-2303 is applicable, this section shall apply to (i) any locality which has had population growth of ...
  • 15.2-2299 Same; enforcement and guarantees
    The zoning administrator is vested with all necessary authority on behalf of the governing body of the locality to administer and enforce conditions attached to ...
  • 15.2-2300 Same; records
    The zoning map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning on the map. The zoning ...
  • 15.2-2301 Same; petition for review of decision
    Any zoning applicant or any other person who is aggrieved by a decision of the zoning administrator made pursuant to the provisions of § 15.2-2299 ...
  • 15.2-2302 Same; amendments and variations of conditions
    There shall be no amendment or variation of conditions created pursuant to the provisions of § 15.2-2297 until after a public hearing before the governing ...
  • 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 ...
  • 15.2-2303.1 Development agreements in certain counties
    A. In order to promote the public health, safety and welfare and to encourage economic development consistent with careful planning, New Kent County may include ...
  • 15.2-2303.2 Proffered cash payments and expenditures
    A. The governing body of any locality accepting cash payments voluntarily proffered on or after July 1, 2005, pursuant to § 15.2-2298, 15.2-2303 or 15.2-2303.1 ...
  • 15.2-2303.3 Cash proffers requested or accepted by a locality
    A. No locality may require payment of a cash proffer prior to payment of any fees for the issuance of a building permit for construction ...
  • 15.2-2304 Affordable dwelling unit ordinances in certain localities
    In furtherance of the purpose of providing affordable shelter for all residents of the Commonwealth, the governing bodies of any county where the urban county ...
  • 15.2-2305 Affordable dwelling unit ordinances
    A. In furtherance of the purpose of providing affordable shelter for all residents of the Commonwealth, the governing body of any locality, other than localities ...
  • 15.2-2306 Preservation of historical sites and architectural areas
    A. 1. Any locality may adopt an ordinance setting forth the historic landmarks within the locality as established by the Virginia Board of Historic Resources, ...
  • 15.2-2307 Vested rights not impaired; nonconforming uses
    Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a ...
  • 15.2-2307.1 Protection of established commercial fishing operations
    Registered commercial fishermen and seafood buyers who operate their businesses from their waterfront residences shall not be prohibited by a locality from continuing their businesses, ...
  • 15.2-2308 Boards of zoning appeals to be created; membership, organization, etc
    A. Every locality that has enacted or enacts a zoning ordinance pursuant to this chapter or prior enabling laws, shall establish a board of zoning ...
  • 15.2-2309 Powers and duties of boards of zoning appeals
    Boards of zoning appeals shall have the following powers and duties: 1. To hear and decide appeals from any order, requirement, decision or determination made ...
  • 15.2-2310 Applications for special exceptions and variances
    Applications for special exceptions and variances may be made by any property owner, tenant, government official, department, board or bureau. Applications shall be made to ...
  • 15.2-2311 Appeals to board
    A. An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the locality affected ...
  • 15.2-2312 Procedure on appeal
    The board shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to ...
  • 15.2-2313 Proceedings to prevent construction of building in violation of zoning ordinance
    Where a building permit has been issued and the construction of the building for which the permit was issued is subsequently sought to be prevented, ...
  • 15.2-2314 Certiorari to review decision of board
    Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any aggrieved taxpayer or any officer, department, ...
  • 15.2-2315 Conflict with statutes, local ordinances or regulations
    Whenever the regulations made under authority of this article require a greater width or size of yards, courts or other open spaces, require a lower ...
  • 15.2-2316 Validation of zoning ordinances prior to 1971
    All proceedings had in the preparation, certification and adoption of zoning ordinances by every locality prior to January 1, 1971, which shall have been in ...
  • 15.2-2316.1 Definitions
    As used in this article, the term: "Development rights" means the permitted uses and density of development that are allowed on the sending property under ...
  • 15.2-2316.2 Localities may provide for transfer of development rights
    A. Pursuant to the provisions of this article, the governing body of any locality by ordinance may, in order to conserve and promote the public ...
  • 15.2-2317 Applicability of article
    This article shall apply to any locality that has adopted zoning pursuant to Article 7 (§ 15.2-2280 et seq.) of Chapter 22 of Title 15.2 ...
  • 15.2-2318 Definitions
    As used in this article, unless the context requires a different meaning: "Cost" includes, in addition to all labor, materials, machinery and equipment for construction, ...
  • 15.2-2319 Authority to assess and impose impact fees
    Any applicable locality may, by ordinance pursuant to the procedures and requirements of this article, assess and impose impact fees on new development to pay ...
  • 15.2-2320 Impact fee service areas to be established
    The locality shall delineate one or more impact fee service areas within its comprehensive plan. Impact fees collected from new development within an impact fee ...
  • 15.2-2321 Adoption of road improvements program
    Prior to adopting a system of impact fees, the locality shall conduct an assessment of road improvement needs benefiting an impact fee service area and ...
  • 15.2-2322 Adoption of impact fee and schedule
    After adoption of a road improvement program, the locality may adopt an ordinance establishing a system of impact fees to fund or recapture all or ...
  • 15.2-2323 When impact fees assessed and imposed
    The amount of impact fees to be imposed on a specific development or subdivision shall be determined before or at the time the site plan ...
  • 15.2-2324 Credits against impact fee
    The value of any dedication, contribution or construction from the developer for off-site road or other transportation improvements benefiting the impact fee service area shall ...
  • 15.2-2325 Updating plan and amending impact fee
    The locality shall update the needs assessment and the assumptions and projections at least once every two years. The road improvement plan shall be updated ...
  • 15.2-2326 Use of proceeds
    A separate road improvement account shall be established for the impact fee service area and all funds collected through impact fees shall be deposited in ...
  • 15.2-2327 Refund of impact fees
    The locality shall refund any impact fee or portion thereof for which construction of a project is not completed within a reasonable period of time, ...
  • 15.2-2328 Applicability of article
    The provisions of this article shall apply in their entirety to any locality that has established an urban transportation service district in accordance with § ...
  • 15.2-2329 Imposition of impact fees
    A. Any locality that includes within its comprehensive plan a calculation of the capital costs of public facilities necessary to serve residential uses may impose ...

Last modified: April 2, 2009