2006 Code of Virginia § 15.2-2288.1 - Localities may not require a special use permit for certain residential uses

15.2-2288.1. Localities may not require a special use permit for certainresidential uses.

No local ordinance shall require as a condition of approval of a subdivisionplat, site plan, or plan of development, or issuance of a building permit,that a special exception, special use, or conditional use permit be obtainedfor the development and construction of residential dwellings at the use,height and density permitted by right under the local zoning ordinance.Nothing herein shall restrict the use of the special exception, special use,or conditional use permit process on application of a property owner for (i)a cluster or town center as an optional form of residential development at adensity greater than that permitted by right, or otherwise permitted by localordinance; (ii) use in an area designated for steep slope mountaindevelopment; (iii) use as a utility facility to serve a residentialdevelopment; or (iv) nonresidential uses including but not limited to homebusinesses, home occupations, day care centers, bed and breakfast inns,lodging houses, private boarding schools, and shelters established for thepurpose of providing human services to the occupants thereof.

(1999, c. 1041; 2002, c. 703.)