2006 Code of Virginia § 15.2-2286 - Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes

15.2-2286. Permitted provisions in zoning ordinances; amendments; applicantto pay delinquent taxes.

A. A zoning ordinance may include, among other things, reasonable regulationsand provisions as to any or all of the following matters:

1. For variances or special exceptions, as defined in 15.2-2201, to thegeneral regulations in any district.

2. For the temporary application of the ordinance to any property coming intothe territorial jurisdiction of the governing body by annexation orotherwise, subsequent to the adoption of the zoning ordinance, and pendingthe orderly amendment of the ordinance.

3. For the granting of special exceptions under suitable regulations andsafeguards; notwithstanding any other provisions of this article, thegoverning body of any locality may reserve unto itself the right to issuesuch special exceptions. Conditions imposed in connection with residentialspecial use permits, wherein the applicant proposes affordable housing, shallbe consistent with the objective of providing affordable housing. Whenimposing conditions on residential projects specifying materials and methodsof construction or specific design features, the approving body shallconsider the impact of the conditions upon the affordability of housing.

The governing body or the board of zoning appeals of the City of Norfolk mayimpose a condition upon any special exception relating to retail alcoholicbeverage control licensees which provides that such special exception willautomatically expire upon a change of ownership of the property, a change inpossession, a change in the operation or management of a facility or upon thepassage of a specific period of time.

The governing body of the City of Richmond may impose a condition upon anyspecial use permit issued after July 1, 2000, relating to retail alcoholicbeverage licensees which provides that such special use permit shall besubject to an automatic review by the governing body upon a change inpossession, a change in the owner of the business, or a transfer of majoritycontrol of the business entity. Upon review by the governing body, it mayeither amend or revoke the special use permit after notice and a publichearing as required by 15.2-2206.

4. For the administration and enforcement of the ordinance including theappointment or designation of a zoning administrator who may also holdanother office in the locality. The zoning administrator shall have allnecessary authority on behalf of the governing body to administer and enforcethe zoning ordinance. His authority shall include (i) ordering in writing theremedying of any condition found in violation of the ordinance; (ii) insuringcompliance with the ordinance, bringing legal action, including injunction,abatement, or other appropriate action or proceeding subject to appealpursuant to 15.2-2311; and (iii) in specific cases, making findings of factand, with concurrence of the attorney for the governing body, conclusions oflaw regarding determinations of rights accruing under 15.2-2307.Notwithstanding the provisions of 15.2-2311, a zoning ordinance mayprescribe an appeal period of less than 30 days, but not less than 10 days,for a notice of violation involving temporary or seasonal commercial uses,parking of commercial trucks in residential zoning districts, or similarshort-term, recurring violations.

Where provided by ordinance, the zoning administrator may be authorized togrant a modification from any provision contained in the zoning ordinancewith respect to physical requirements on a lot or parcel of land, includingbut not limited to size, height, location or features of or related to anybuilding, structure, or improvements, if the administrator finds in writingthat: (i) the strict application of the ordinance would produce unduehardship; (ii) such hardship is not shared generally by other properties inthe same zoning district and the same vicinity; and (iii) the authorizationof the modification will not be of substantial detriment to adjacent propertyand the character of the zoning district will not be changed by the grantingof the modification. Prior to the granting of a modification, the zoningadministrator shall give, or require the applicant to give, all adjoiningproperty owners written notice of the request for modification, and anopportunity to respond to the request within 21 days of the date of thenotice. The zoning administrator shall make a decision on the application formodification and issue a written decision with a copy provided to theapplicant and any adjoining landowner who responded in writing to the noticesent pursuant to this paragraph. The decision of the zoning administratorshall constitute a decision within the purview of 15.2-2311, and may beappealed to the board of zoning appeals as provided by that section.Decisions of the board of zoning appeals may be appealed to the circuit courtas provided by 15.2-2314.

The zoning administrator shall respond within 90 days of a request for adecision or determination on zoning matters within the scope of his authorityunless the requester has agreed to a longer period.

5. For the imposition of penalties upon conviction of any violation of thezoning ordinance. Any such violation shall be a misdemeanor punishable by afine of not less than $10 nor more than $1,000. If the violation isuncorrected at the time of the conviction, the court shall order the violatorto abate or remedy the violation in compliance with the zoning ordinance,within a time period established by the court. Failure to remove or abate azoning violation within the specified time period shall constitute a separatemisdemeanor offense punishable by a fine of not less than $10 nor more than$1,000, and any such failure during any succeeding 10-day period shallconstitute a separate misdemeanor offense for each 10-day period punishableby a fine of not less than $100 nor more than $1,500.

6. For the collection of fees to cover the cost of making inspections,issuing permits, advertising of notices and other expenses incident to theadministration of a zoning ordinance or to the filing or processing of anyappeal or amendment thereto.

7. For the amendment of the regulations or district maps from time to time,or for their repeal. Whenever the public necessity, convenience, generalwelfare, or good zoning practice requires, the governing body may byordinance amend, supplement, or change the regulations, district boundaries,or classifications of property. Any such amendment may be initiated (i) byresolution of the governing body; (ii) by motion of the local planningcommission; or (iii) by petition of the owner, contract purchaser with theowner's written consent, or the owner's agent therefor, of the property whichis the subject of the proposed zoning map amendment, addressed to thegoverning body or the local planning commission, who shall forward suchpetition to the governing body; however, the ordinance may provide for theconsideration of proposed amendments only at specified intervals of time, andmay further provide that substantially the same petition will not bereconsidered within a specific period, not exceeding one year. Any suchresolution or motion by such governing body or commission proposing therezoning shall state the above public purposes therefor.

In any county having adopted such zoning ordinance, all motions, resolutionsor petitions for amendment to the zoning ordinance, and/or map shall be actedupon and a decision made within such reasonable time as may be necessarywhich shall not exceed 12 months unless the applicant requests or consents toaction beyond such period or unless the applicant withdraws his motion,resolution or petition for amendment to the zoning ordinance or map, or both.In the event of and upon such withdrawal, processing of the motion,resolution or petition shall cease without further action as otherwise wouldbe required by this subdivision.

8. For the submission and approval of a plan of development prior to theissuance of building permits to assure compliance with regulations containedin such zoning ordinance.

9. For areas and districts designated for mixed use developments or plannedunit developments as defined in 15.2-2201.

10. For the administration of incentive zoning as defined in 15.2-2201.

11. For provisions allowing the locality to enter into a voluntary agreementwith a landowner that would result in the downzoning of the landowner'sundeveloped or underdeveloped property in exchange for a tax credit equal tothe amount of excess real estate taxes that the landowner has paid due to thehigher zoning classification. The locality may establish reasonableguidelines for determining the amount of excess real estate tax collected andthe method and duration for applying the tax credit. For purposes of thissection, "downzoning" means a zoning action by a locality that results in areduction in a formerly permitted land use intensity or density.

12. (Repealed effective July 1, 2007) Provisions for the clustering ofsingle-family dwellings so as to preserve open space.

a. A locality may, at its option, provide in its zoning or subdivisionordinance standards, conditions and criteria for clustering of single-familydwellings and the preservation of open space developments. In establishingsuch standards, conditions and criteria, the governing body may, in itsdiscretion, include any provisions it determines appropriate to ensurequality development, preservation of open space and compliance with itscomprehensive plan and land use ordinances. The density calculation of thecluster development shall be based upon the same criteria for the property aswould otherwise be permitted by applicable land use ordinances. As a localitydetermines, at its option, to provide for clustering of single-familydwellings and the preservation of open space developments, it may varyprovisions for such developments for each different zoning area within thelocality.

If proposals for clustering of single-family dwellings and the preservationof open space developments comply with the locality's adopted standards,conditions and criteria, the development and open space preservation shall bepermitted by right under the local subdivision ordinance. The implementationand approval of the cluster development and open space preservation shall bedone administratively by the locality's staff and without a public hearing.No local ordinance shall require that a special exception, special use, orconditional use permit be obtained for such developments. However, any suchordinance may exempt (i) developments of two acres or less and (ii) propertylocated in an Air Installation Compatible Use Zone from the provisions ofthis subdivision.

b. Additionally, in any zoning or subdivision ordinance adopted pursuant tosubdivision A 12, a locality may, at its option, provide for the clusteringof single-family dwellings and the preservation of open space at a densitycalculation greater than the density permitted in the applicable land useordinance. To implement and approve such increased density development, thelocality may, at its option, (i) establish and provide in its zoning orsubdivision ordinance standards, conditions, and criteria for suchdevelopment, and if the proposed development complies with those standards,conditions and criteria, it shall be permitted by right and approvedadministratively by the locality staff in the same manner provided insubdivision A 12 a, or (ii) approve the increased density development uponapproval of a special exception, special use permit, conditional use permitor rezoning.

c. Any locality that provides for clustering of single-family dwellings andpreservation of open space upon approval of a special exception, special usepermit, conditional use permit or rezoning shall no later than July 1, 2004,amend its applicable land use ordinance to comply with the provisions ofsubdivision A 12. Any land use provisions for clustering of single-familydwellings and preservation of open space adopted after the effective date ofthis act shall comply with subdivision A 12. Notwithstanding any of therequirements of subdivision A 12 to the contrary, any local government landuse ordinance in affect as of January 1, 2002, that provides for theclustering of single-family dwellings and preservation of open spacedevelopment by right without requiring either a special exception, specialuse permit, conditional use permit or other discretionary approval may remainin effect at the option of the locality.

13. Provisions for requiring and considering Phase I environmental siteassessments based on the anticipated use of the property proposed for thesubdivision or development that meet generally accepted national standardsfor such assessments, such as those developed by the American Society forTesting and Materials, and Phase II environmental site assessments, that alsomeet accepted national standards, such as, but not limited to, thosedeveloped by the American Society for Testing and Materials, if the localitydeems such to be reasonably necessary, based on findings in the Phase Iassessment, and in accordance with regulations of the United StatesEnvironmental Protection Agency and the American Society for Testing andMaterials. A reasonable fee may be charged for the review of suchenvironmental assessments. Such fees shall not exceed an amount commensuratewith the services rendered, taking into consideration the time, skill, andadministrative expense involved in such review.

14. Provisions for requiring disclosure and remediation of contamination andother adverse environmental conditions of the property prior to approval ofsubdivision and development plans.

B. Prior to the initiation of an application for a special exception, specialuse permit, variance, rezoning or other land disturbing permit, includingbuilding permits and erosion and sediment control permits, or prior to theissuance of final approval, the authorizing body may require the applicant toproduce satisfactory evidence that any delinquent real estate taxes owed tothe locality which have been properly assessed against the subject propertyhave been paid.

(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, cc. 529, 543, 587;1998, c. 385; 1999, c. 792; 2000, cc. 764, 817; 2001, c. 240; 2002, cc. 547,703; 2005, cc. 625, 677; 2006, cc. 304, 514, 533, 903.)