Bill Text: VA SB721 | 2024 | Regular Session | Introduced
Bill Title: Local government actions related to comprehensive plans, etc.; approval process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-29 - Continued to 2025 in Local Government (15-Y 0-N) [SB721 Detail]
Download: Virginia-2024-SB721-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §§15.2-2232, 15.2-2258, 15.2-2259, 15.2-2260, and 15.2-2286 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 15.2-2259.1 and 15.2-2260.1 as follows:
§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 the governing body, it shall control the general or approximate location, character and extent of each feature shown on the plan. Thereafter, unless a feature is already shown on the adopted master plan or part thereof or is deemed so under subsection D, no street or connection to an existing street, park or other public area, public building or public structure, public utility facility or public service corporation facility other than a railroad facility or an underground natural gas or underground electric distribution facility of a public utility as defined in subdivision (b) of § 56-265.1 within its certificated service territory, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the local planning commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination, the local planning commission may, and at the direction of the governing body shall, hold a public hearing, after notice as required by §15.2-2204. Following the adoption of the Statewide Transportation Plan by the Commonwealth Transportation Board pursuant to §33.2-353 and written notification to the affected local governments, each local government through which one or more of the designated corridors of statewide significance traverses, shall, at a minimum, note such corridor or corridors on the transportation plan map included in its comprehensive plan for information purposes at the next regular update of the transportation plan map. Prior to the next regular update of the transportation plan map, the local government shall acknowledge the existence of corridors of statewide significance within its boundaries.
B. The local planning commission shall communicate its findings to the governing body, indicating its approval or disapproval with written reasons therefor. The governing body may overrule the action of the local planning commission by a vote of a majority of its membership. Failure of the local planning commission to act within 60 days of a submission, unless the time is extended by the governing body, shall be deemed approval. The owner or owners or their agents may appeal the decision of the local planning commission to the governing body within 10 days after the decision of the local planning commission. The appeal shall be by written petition to the governing body setting forth the reasons for the appeal. The appeal shall be heard and determined within 60 days from its filing. A majority vote of the governing body shall overrule the local planning commission.
C. Widening, narrowing, extension, enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval, but paving, repair, reconstruction, improvement, drainage or similar work and normal service extensions of public utilities or public service corporations shall not require approval unless such work involves a change in location or extent of a street or public area.
D. Any public area, facility, park or use as set forth in subsection A which is identified within, but not the entire subject of, a submission under either §15.2-2258 for subdivision or subdivision A 8 of § 15.2-2286 for development or both may be deemed a feature already shown on the adopted master plan, and, therefore, excepted from the requirement for submittal to and approval by the local planning commission or the governing body, provided that the governing body has by ordinance or resolution defined standards governing the construction, establishment or authorization of such public area, facility, park or use or has approved it through acceptance of a proffer made pursuant to §15.2-2303.
E. Approval and funding of a public telecommunications facility on or before July 1, 2012, by the Virginia Public Broadcasting Board pursuant to Article 12 (§2.2-2426 et seq.) of Chapter 24 of Title 2.2 or after July 1, 2012, by the Board of Education pursuant to §22.1-20.1 shall be deemed to satisfy the requirements of this section and local zoning ordinances with respect to such facility with the exception of television and radio towers and structures not necessary to house electronic apparatus. The exemption provided for in this subsection shall not apply to facilities existing or approved by the Virginia Public Telecommunications Board prior to July 1, 1990. The Board of Education shall notify the governing body of the locality in advance of any meeting where approval of any such facility shall be acted upon.
F. On any application for a telecommunications facility, the local planning commission's decision shall comply with the requirements of the Federal Telecommunications Act of 1996. Failure of the local planning commission to act on any such application for a telecommunications facility under subsection A submitted on or after July 1, 1998, within 90 days of such submission shall be deemed approval of the application by the local planning commission unless the governing body has authorized an extension of time for consideration or the applicant has agreed to an extension of time. The governing body may extend the time required for action by the local planning commission by no more than 60 additional days. If the local planning commission has not acted on the application by the end of the extension, or by the end of such longer period as may be agreed to by the applicant, the application is deemed approved by the local planning commission.
G. A proposed telecommunications tower or a facility constructed by an entity organized pursuant to Chapter 9.1 (§56-231.15 et seq.) of Title 56 shall be deemed to be substantially in accord with the comprehensive plan and local planning commission approval shall not be required if the proposed telecommunications tower or facility is located in a zoning district that allows such telecommunications towers or facilities by right.
H. A solar facility subject to subsection A shall be deemed to be substantially in accord with the comprehensive plan if (i) such proposed solar facility is located in a zoning district that allows such solar facilities by right; (ii) such proposed solar facility is designed to serve the electricity or thermal needs of the property upon which such facility is located, or will be owned or operated by an eligible customer-generator or eligible agricultural customer-generator under §56-594 or 56-594.01 or by a small agricultural generator under §56-594.2; or (iii) the locality waives the requirement that solar facilities be reviewed for substantial accord with the comprehensive plan. All other solar facilities shall be reviewed for substantial accord with the comprehensive plan in accordance with this section. However, a locality may allow for a substantial accord review for such solar facilities to be advertised and approved concurrently in a public hearing process with a rezoning, special exception, or other approval process.
I. A locality's comprehensive plan shall not constitute the basis, in whole or in part, for the disapproval of a site plan that is otherwise in conformity with duly adopted standards, ordinances, and statutes. Further, the terms of any locality's subdivision ordinances, development ordinances, and public facilities manuals, howsoever denominated, and documents that incorporate or purport to incorporate, expressly or implied, any or all of the terms and provisions of that locality's comprehensive plan shall be deemed null and void and of no binding legal effect.
§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, he shall submit a plat of the proposed subdivision to the local planning commission of the locality, or an agent
designated by the governing body thereof for such purpose. When any part of the
land proposed for subdivision lies in a drainage district,
such fact shall be set forth on the plat of the proposed subdivision. When any
part of the land proposed for subdivision lies in a mapped dam break inundation
zone, such fact shall be set forth
on the plat of the proposed subdivision. When any grave, object or structure
marking a place of burial is located on the land proposed for subdivision, such
grave, object or structure shall be identified on any plans or site plans
required by this article. When the land involved lies wholly or partly within
an area subject to the joint control of more than one locality, the plat shall
be submitted to the local
planning commission or other designated agent of the locality in which the
tract of land is located. Site plans or plans of development required by
subdivision A 8 of §15.2-2286 shall also be subject to the provisions of §§
15.2-2258 through 15.2-2261, mutatis mutandis.
§15.2-2259. Local planning commission to act on proposed plat.
A. 1. Except as otherwise provided in subdivisions 2 and 3,
the local planning commission or other agent shall act on any proposed plat
within 60 days after it has been officially submitted for approval by either
approving or disapproving the plat in writing, and giving with the latter
specific reasons therefor. The Commission local planning commission or
agent shall thoroughly review the plat and shall make a good faith effort to
identify all deficiencies, if any, with the initial submission. However, if
approval of a feature or features of the plat by a state agency or public
authority authorized by state law is necessary, the local
planning commission or agent shall forward the plat to the
appropriate state agency or agencies for review within 10 business days of
receipt of such plat. The state agency shall respond in accord with the
requirements set forth in §15.2-2222.1, which shall extend the time for action
by the local planning commission or other agent, as set forth in subsection B. Specific
reasons for disapproval shall be contained either in a separate document or on
the plat itself. The reasons for disapproval shall identify deficiencies in the
plat that cause the disapproval by reference to specific duly adopted
ordinances, regulations, or policies and shall identify modifications or
corrections as will permit approval of the plat. The local planning commission
or other agent shall act on any proposed plat that it has previously
disapproved within 45 days after the plat has been modified, corrected and
resubmitted for approval.
2. The approval of plats, site plans, and plans of development solely involving parcels of commercial real estate by a local planning commission or other agent shall be governed by subdivision 3 and subsections B, C, and D. For the purposes of this section, the term "commercial" means all real property used for commercial or industrial uses.
3. The local planning commission or other agent shall act on
any proposed plat, site plan or plan of development within 60 days after it has
been officially submitted for approval by either approving or disapproving the
plat in writing, and giving with the latter specific reasons therefor. The
local planning commission or other agent shall not delay the official
submission of any proposed plat, site plan, or plan of development by requiring
presubmission conferences, meetings, or reviews. The Commission local planning commission or
agent shall thoroughly review the plat or plan and shall in good faith
identify, to the greatest extent practicable, all deficiencies, if any, with
the initial submission. However, if approval of a feature or features of the
plat or plan by a state agency or public authority authorized by state law is
necessary, the local planning commission or
agent shall forward the plat or plan to the appropriate state agency or
agencies for review within 10 business days of receipt of such plat or plan.
The state agency shall respond in accord with the requirements set forth in §
15.2-2222.1, which shall extend the time for action by the local planning
commission or other agent, as set forth in subsection B. Specific reasons for
disapproval shall be contained either in a separate document or on the plat or
plan itself. The reasons for disapproval shall identify deficiencies in the
plat or plan that caused the disapproval by reference to specific duly adopted
ordinances, regulations, or policies and shall identify, to the greatest extent
practicable, modifications or corrections that will permit approval of the plat
or plan.
In the review of a resubmitted proposed plat, site plan or plan of development that has been previously disapproved, the local planning commission or other agent shall consider only deficiencies it had identified in its review of the initial submission of the plat or plan that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. In the review of the resubmission of a plat or plan, the local planning commission or other agent shall identify all deficiencies with the proposed plat or plan that caused the disapproval by reference to specific duly adopted ordinances, regulations or policies and shall identify modifications or corrections that will permit approval of the plat or plan. Upon the second resubmission of such disapproved plat or plan, the local planning commission or other agent's review shall be limited solely to the previously identified deficiencies that caused its disapproval.
The local planning commission or other agent shall act on any proposed plat, site plan or plan of development that it has previously disapproved within 45 days after the plat or plan has been modified, corrected and resubmitted for approval. The failure of a local planning commission or other agent to approve or disapprove a resubmitted plat or plan within the time periods required by this section shall cause the plat or plan to be deemed approved.
Notwithstanding the approval or deemed approval of any proposed plat, site plan or plan of development, any deficiency in any proposed plat or plan, that if left uncorrected, would violate local, state or federal law, regulations, mandatory Department of Transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated or deemed as having been approved by the local planning commission or other agent. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission or if a material revision in the resubmission creates a new required review by the Virginia Department of Transportation or by a state agency or public authority authorized by state law, then the local planning commission or other agent's review shall not be limited to only the previously identified deficiencies identified in the prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.
B. Any state agency or public authority authorized by state law making a review of a plat forwarded to it under this article, including, without limitation, the Virginia Department of Transportation and authorities authorized by Chapter 51 (§15.2-5100 et seq.), shall complete its review within 45 days of receipt of the plat upon first submission and within 45 days for any proposed plat that has previously been disapproved, provided, however, that the time periods set forth in §15.2-2222.1 shall apply to plats triggering the applicability of said section. The Virginia Department of Transportation and authorities authorized by Chapter 51 (§15.2-5100 et seq.) shall allow use of public rights-of-way dedicated for public street purposes for placement of utilities by permit when practical and shall not unreasonably deny plat approval. If a state agency or public authority authorized by state law does not approve the plat, it shall comply with the requirements, and be subject to the restrictions, set forth in subsection A, with the exception of the time period therein specified. Upon receipt of the approvals from all state agencies and other agencies, the local agent shall act upon a plat within 35 days.
C. If the
commission or other agent fails to approve or disapprove the plat within 60
days after it has been officially submitted for approval, or within 45 days
after it has been officially resubmitted after a previous disapproval or within
35 days of receipt of any agency response pursuant to subsection B, the
subdivider, after 10-days' written notice to the commission, or agent, may
petition the circuit court for the locality in which the land involved, or the
major part thereof, is located, to decide whether the plat should or should not
be approved. The court shall give the petition priority on the civil docket,
hear the matter expeditiously in accordance with the procedures prescribed in
Article 2 (§8.01-644 et seq.) of Chapter 25 of Title 8.01 and make and enter
an order with respect thereto as it deems proper, which may include directing
approval of the plat.
D. If a local
planning commission or other
agent disapproves a plat and the subdivider contends that the disapproval was
not properly based on the ordinance applicable thereto, or was arbitrary or
capricious, he may appeal to the circuit court having jurisdiction of such land
and the court shall hear and determine the case as soon as may be, provided
that his appeal is filed with the circuit court within 60 days of the written
disapproval by the local
planning commission or other
agent.
§15.2-2259.1. Failure to approve or disapprove a plat within established timeframes.
If a local planning commission or other agent fails to approve or disapprove a plat within 60 days after it has been officially submitted for approval, within 45 days after it has been officially resubmitted after a previous disapproval, or within 35 days of receipt of any agency response pursuant to subsection B of §15.2-2259, and where the locality has published a list of clear, objective minimum submittal requirements for review of a proposed plat, the plat shall be deemed to have been approved by the local planning commission or other agent.
§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 mandatory submission of preliminary subdivision plats for tentative approval for plats involving more than 50 lots, provided that any such ordinance provides for the submission of a preliminary subdivision plat for tentative approval at the option of the landowner for plats involving 50 or fewer lots. The local planning commission, or an agent designated by the local planning commission or by the governing body to review preliminary subdivision plats shall complete action on the preliminary subdivision plats within 60 days of submission. However, if approval of a feature or features of the preliminary subdivision plat by a state agency or public authority authorized by state law is necessary, the local planning commission or agent shall forward the preliminary subdivision plat to the appropriate state agency or agencies for review within 10 business days of receipt of such preliminary subdivision plat.
B. Any state agency or public authority authorized by state law making a review of a preliminary subdivision plat forwarded to it under this section, including, without limitation, the Virginia Department of Transportation and authorities authorized by Chapter 51 (§15.2-5100 et seq.), shall complete its review within 45 days of receipt of the preliminary subdivision plat upon first submission and within 45 days for any proposed plat that has previously been disapproved, provided, however, that the time period set forth in §15.2-2222.1 shall apply to plats triggering the applicability of said section. The Virginia Department of Transportation and authorities authorized by Chapter 51 (§15.2-5100 et seq.) shall allow use of public rights-of-way for public street purposes for placement of utilities by permit when practical and shall not unreasonably deny plat approval. If a state agency or public authority authorized by state law does not approve the plat, it shall comply with the requirements, and be subject to the restrictions, set forth in subsection A of §15.2-2259 with the exception of the time period therein specified. Upon receipt of the approvals from all state agencies, the local agent shall act upon a preliminary subdivision plat within 35 days.
C. If a local planning
commission has the responsibility of review of preliminary subdivision plats
and conducts a public hearing, it shall act on the plat within 45 days after
receiving approval from all state agencies. If the local
agent or local planning commission does
not approve the preliminary subdivision plat, the local
agent or local planning commission
shall set forth in writing the reasons for such denial and shall state what
corrections or modifications will permit approval by such agent or local planning commission.
With regard to plats involving commercial property, as that term is defined in
subdivision A 2 of §15.2-2259, the review process for such plats shall be the
same as provided in subdivisions A 2 and A 3 of §15.2-2259. However, no local planning commission or
agent shall be required to approve a preliminary subdivision plat in less than
60 days from the date of its original submission to the local
planning commission or agent, and all actions on
preliminary subdivision plats shall be completed by the agent or local planning commission and, if necessary, state agencies, within a
total of 90 days of submission to the local
agent or local planning commission.
D. If the commission
or other agent fails to approve or disapprove the preliminary subdivision plat
within 90 days after it has been officially submitted for approval, the
subdivider after 10 days' written notice to the commission, or agent, may
petition the circuit court for the locality in which the land involved, or the
major part thereof, is located to enter an order with respect thereto as it
deems proper, which may include directing approval of the plat.
E. If a commission or other
agent disapproves a preliminary subdivision plat and the subdivider contends
that the disapproval was not properly based on the ordinance applicable
thereto, or was arbitrary or capricious, he may appeal to the circuit court
having jurisdiction of such land and the court shall hear and determine the
case as soon as may be, provided that his appeal is filed with the circuit
court within 60 days of the written disapproval by the commission or other
agent.
F. Once a preliminary subdivision plat is approved, it
shall be valid for a period of five years, provided the subdivider (i) submits
a final subdivision plat for all or a portion of the property within one year
of such approval or such longer period as may be prescribed by local ordinance,
and (ii) thereafter diligently pursues approval of the final subdivision plat.
"Diligent pursuit of approval" means that the subdivider has incurred
extensive obligations or substantial expenses relating to the submitted final
subdivision plat or modifications thereto. However, no sooner than three years
following such preliminary subdivision plat approval, and upon 90 days' written
notice by certified mail to the subdivider, the local
planning commission or other agent may revoke such approval
upon a specific finding of facts that the subdivider has not diligently pursued
approval of the final subdivision plat.
G. E. Once an approved final
subdivision plat for all or a portion of the property is recorded pursuant to §
15.2-2261, the underlying preliminary plat shall remain valid for a period of
five years from the date of the latest recorded plat of subdivision for the
property. The five year five-year period of validity
shall extend from the date of the last recorded plat.
§15.2-2260.1. Failure to approve or disapprove a preliminary subdivision plat within established timeframes.
If a local planning commission or other agent fails to approve or disapprove a preliminary subdivision plat within 90 days after it has been officially submitted for approval, and where the locality has published a list of clear, objective minimum submittal requirements for review of a proposed preliminary subdivision plat, the preliminary subdivision plat shall be deemed to have been approved by the local planning commission or other agent.
§15.2-2286. Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties.
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 or special exceptions, as defined in § 15.2-2201, to the general regulations in any district.
2. For the temporary application of the ordinance to any property coming into the territorial jurisdiction of the governing body by annexation or otherwise, subsequent to the adoption of the zoning ordinance, and pending the orderly amendment of the ordinance.
3. For the granting of special exceptions under suitable regulations and safeguards; notwithstanding any other provisions of this article, the governing body of any locality may reserve unto itself the right to issue such special exceptions. Conditions imposed in connection with residential special use permits, wherein the applicant proposes affordable housing, shall be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying materials and methods of construction or specific design features, the approving body shall consider the impact of the conditions upon the affordability of housing.
The governing body or the board of zoning appeals of the Cities of Hampton and Norfolk may impose a condition upon any special exception or use permit relating to retail alcoholic beverage control licensees which provides that such special exception or use permit will automatically expire upon a change of ownership of the property, a change in possession, a change in the operation or management of a facility, or the passage of a specific period of time.
The governing body of the City of Richmond may impose a condition upon any special use permit issued after July 1, 2000, relating to retail alcoholic beverage licensees which provides that such special use permit shall be subject to an automatic review by the governing body upon a change in possession, a change in the owner of the business, or a transfer of majority control of the business entity. Upon review by the governing body, it may either amend or revoke the special use permit after notice and a public hearing as required by §15.2-2206.
4. For the administration and enforcement of the ordinance including the appointment or designation of a zoning administrator who may also hold another office in the locality. The zoning administrator shall have all necessary authority on behalf of the governing body to administer and enforce the zoning ordinance. His authority shall include (i) ordering in writing the remedying of any condition found in violation of the ordinance; (ii) insuring compliance with the ordinance, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to §15.2-2311; and (iii) in specific cases, making findings of fact and, with concurrence of the attorney for the governing body, conclusions of law regarding determinations of rights accruing under §15.2-2307 or subsection C of §15.2-2311.
Whenever the zoning administrator has reasonable cause to believe that any person has engaged in or is engaging in any violation of a zoning ordinance that limits occupancy in a residential dwelling unit, which is subject to a civil penalty that may be imposed in accordance with the provisions of §15.2-2209, and the zoning administrator, after a good faith effort to obtain the data or information necessary to determine whether a violation has occurred, has been unable to obtain such information, he may request that the attorney for the locality petition the judge of the general district court for his jurisdiction for a subpoena duces tecum against any such person refusing to produce such data or information. The judge of the court, upon good cause shown, may cause the subpoena to be issued. Any person failing to comply with such subpoena shall be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may apply to the judge who issued the subpoena to quash it.
Notwithstanding the provisions of §15.2-2311, a zoning ordinance may prescribe 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, maximum occupancy limitations of a residential dwelling unit, or similar short-term, recurring violations.
Where provided by ordinance, the zoning administrator may be authorized to grant a modification from any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements, if the administrator finds in writing that: (i) the strict application of the ordinance would produce undue hardship; (ii) such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (iii) the authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification. Prior to the granting of a modification, the zoning administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. The zoning administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph. The decision of the zoning administrator shall constitute a decision within the purview of §15.2-2311, and may be appealed to the board of zoning appeals as provided by that section. Decisions of the board of zoning appeals may be appealed to the circuit court as provided by §15.2-2314.
The zoning administrator shall respond within 90 days of a request for a decision or determination on zoning matters within the scope of his authority unless the requester has agreed to a longer period. If the decision or determination by the zoning administrator could impair the ability of an adjacent property owner to satisfy the minimum storage capacity and yield requirements for a residential drinking well pursuant to §32.1-176.4 or any regulation adopted thereunder, the zoning administrator shall provide a copy of such decision or determination to such adjacent property owner so affected.
5. For the imposition of penalties upon conviction of any violation of the zoning ordinance. Any such violation shall be a misdemeanor punishable by a fine of not more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the zoning ordinance, within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,000; any such failure during a succeeding 10-day period shall constitute a separate misdemeanor offense punishable by a fine of not more than $1,500; and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of not more than $2,000.
However, any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of up to $7,500. However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with the Virginia Residential Landlord and Tenant Act (§55.1-1200 et seq.). A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term.
6. For the collection of fees to cover the cost of making inspections, issuing permits, advertising of notices and other expenses incident to the administration of a zoning ordinance or to the filing or processing of any appeal 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, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, district boundaries, or classifications of property. Any such amendment may be initiated (i) by resolution of the governing body; (ii) by motion of the local planning commission; or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local planning commission, who shall forward such petition to the governing body; however, the ordinance may provide for the consideration of proposed amendments only at specified intervals of time, and may further provide that substantially the same petition will not be reconsidered within a specific period, not exceeding one year. Any such resolution or motion by such governing body or local planning commission proposing the rezoning shall state the above public purposes therefor.
In any county locality having adopted such
zoning ordinance, all motions, resolutions or petitions for amendment to the
zoning ordinance, and/or map shall be acted upon and a decision made within
such reasonable time as may be necessary which shall not exceed 12 four
months unless the applicant requests or consents to
action 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 would be
required by this subdivision. A locality
shall act on all motions, resolutions, or petitions for amendment to
the zoning ordinance or map that it has previously disapproved within 45 days after
the amended motion, resolution, or petition has been resubmitted for approval. The
four-month timeframe described in this subdivision for
first-time submissions' motions, resolutions,
or petitions shall not apply to amended motions, resolutions, or petitions.
8. For the submission and approval of a plan of development prior to the issuance of building permits to assure compliance with regulations contained in such zoning ordinance.
9. For areas and districts designated for mixed use developments or planned unit 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 agreement with a landowner that would result in the downzoning of the landowner's undeveloped or underdeveloped property in exchange for a tax credit equal to the amount of excess real estate taxes that the landowner has paid due to the higher zoning classification. The locality may establish reasonable guidelines for determining the amount of excess real estate tax collected and the method and duration for applying the tax credit. For purposes of this section, "downzoning" means a zoning action by a locality that results in a reduction in a formerly permitted land use intensity or density.
12. Provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development that meet generally accepted national standards for such assessments, such as those developed by the American Society for Testing and Materials, and Phase II environmental site assessments, that also meet accepted national standards, such as, but not limited to, those developed by the American Society for Testing and Materials, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with regulations of the United States Environmental Protection Agency and the American Society for Testing and Materials. A reasonable fee may be charged for the review of such environmental assessments. Such fees shall not exceed an amount commensurate with the services rendered, taking into consideration the time, skill, and administrative expense involved in such review.
13. Provisions to incorporate generally accepted national environmental protection and product safety standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects, such as those developed for existing product certifications and standards including the National Sanitation Foundation/American National Standards Institute No. 457, International Electrotechnical Commission No. 61215-2, Institute of Electrical and Electronics Engineers Standard 1547, and Underwriters Laboratories No. 61730-2.
14. Provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans.
15. For the enforcement of provisions of the zoning ordinance that regulate the number of persons permitted to occupy a single-family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws.
16. For the issuance of inspection warrants by a magistrate or court of competent jurisdiction. The zoning administrator or his agent may make an affidavit under oath before a magistrate or court of competent jurisdiction and, if such affidavit establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. After issuing a warrant under this section, the magistrate or judge shall file the affidavit in the manner prescribed by §19.2-54. After executing the warrant, the zoning administrator or his agents shall return the warrant to the clerk of the circuit court of the city or county wherein the inspection was made. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant under this section.
B. Prior to the initiation of an application by the owner of the subject property, the owner's agent, or any entity in which the owner holds an ownership interest greater than 50 percent, for a special exception, special use permit, variance, rezoning or other land disturbing permit, including building permits and erosion and sediment control permits, or prior to the issuance of final approval, the authorizing body may require the applicant to produce satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the locality and have been properly assessed against the subject property, have been paid, unless otherwise authorized by the treasurer.
