{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2201.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2201.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2201.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2201.html"}],"law_id":77758,"edition_id":1,"section_id":77758,"structure_id":13080,"section_number":"15.2-2201","catch_line":"Definitions","history":"Code 1950, \u00a7 15-961.3; 1962, c. 407, \u00a7 15.1-430; 1964, c. 547; 1966, c. 344; 1975, c. 641; 1976, c. 642; 1977, c. 566; 1978, c. 320; 1987, c. 8; 1989, c. 384; 1990, c. 685; 1993, c. 770; 1995, c. 603; 1997, c.; 2008, cc. 635, 718; 2011, c. 237; 2012, c. 554; 2013, cc. 149, 213; 2015, c. 597; 2017, c. 216; 2022, c. 271; 2025, c. 594.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Affordable housing” means, as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than thirty percent of his gross income for gross housing costs, including utilities. For the purpose of administering affordable dwelling unit ordinances authorized by this chapter, local governments may establish individual definitions of affordable housing and affordable dwelling units including determination of the appropriate percent of area median income and percent of gross income.\n\t\t“Conditional zoning” means, as part of classifying land within a locality into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance.\n\t\t“Designated agent” means any agent employed or authorized by a locality and designated by the governing body to review and act on subdivision plats, site plans, and plans of development. “Designated agent” does not include the local planning commission. However, the local planning commission may serve as the designated agent of any locality with a population of 5,000 or less.\n\t\t“Development” means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. The term “development” shall not be construed to include any tract of land which will be principally devoted to agricultural production.\n\t\t“Historic area” means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.\n\t\t“Incentive zoning” means the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including but not limited to, site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development.\n\t\t“Local planning commission” means a municipal planning commission or a county planning commission.\n\t\t“Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under jurisdiction of the U.S. Department of Defense, including any leased facility, or any land or interest in land owned by the Commonwealth and administered by the Adjutant General of Virginia or the Virginia Department of Military Affairs. “Military installation” does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.\n\t\t“Mixed use development” means property that incorporates two or more different uses, and may include a variety of housing types, within a single development.\n\t\t“Official map” means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (\u00a7 15.2-2233 et seq.) hereof.\n\t\t“Planned unit development” means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.\n\t\t“Planning district commission” means a regional planning agency chartered under the provisions of Chapter 42 (\u00a7 15.2-4200 et seq.) of this title.\n\t\t“Plat” or “plat of subdivision” means the schematic representation of land divided or to be divided and information in accordance with the provisions of \u00a7\u00a7 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and 15.2-2264, and other applicable statutes.\n\t\t“Preliminary subdivision plat” means the proposed schematic representation of development or subdivision that establishes how the provisions of \u00a7\u00a7 15.2-2241 and 15.2-2242, and other applicable statutes will be achieved.\n\t\t“Resident curator” means a person, firm, or corporation that leases or otherwise contracts to manage, preserve, maintain, operate, or reside in a historic property in accordance with the provisions of \u00a7 15.2-2306 and other applicable statutes.\n\t\t“Site plan” means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject.\n\t\t“Special exception” means a special use that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith.\n\t\t“Street” means highway, street, avenue, boulevard, road, lane, alley, or any public way.\n\t\t“Subdivision,” unless otherwise defined in an ordinance adopted pursuant to \u00a7 15.2-2240, means the division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation of any single division of land into two lots or parcels, a plat of such division shall be submitted for approval in accordance with \u00a7 15.2-2258. Nothing in this definition, section, nor any ordinance adopted pursuant to \u00a7 15.2-2240 shall preclude different owners of adjacent parcels from entering into a valid and enforceable boundary line agreement with one another so long as such agreement is only used to resolve a bona fide property line dispute, the boundary adjustment does not move by more than 250 feet from the center of the current platted line or alter either parcel’s resultant acreage by more than five percent of the smaller parcel size, and such agreement does not create an additional lot, alter the existing boundary lines of localities, result in greater street frontage, or interfere with a recorded easement, and such agreement shall not result in any nonconformity with local ordinances and health department regulations. Notice shall be provided to the zoning administrator of the locality in which the parcels are located for review. For any property affected by this definition, any division of land subject to a partition suit by virtue of order or decree by a court of competent jurisdiction shall take precedence over the requirements of Article 6 (\u00a7 15.2-2240 et seq.) and the minimum lot area, width, or frontage requirements in the zoning ordinance so long as the lot or parcel resulting from such order or decree does not vary from minimum lot area, width, or frontage requirements by more than 20 percent. A copy of the final decree shall be provided to the zoning administrator of the locality in which the property is located.\n\t\t“Variance” means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.\n\t\t“Working waterfront” means an area or structure on, over, or adjacent to navigable waters that provides access to the water and is used for water-dependent commercial, industrial, or governmental activities, including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and services; seafood processing and sales; transportation; shipping; marine construction; and military activities.\n\t\t“Working waterfront development area” means an area containing one or more working waterfronts having economic, cultural, or historic public value of such significance as to warrant development and reparation.\n\t\t“Zoning” or “to zone” means the process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as “zones,” by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put.","order_by":null,"text":{"0":{"id":278888,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Affordable housing” means, as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than thirty percent of his gross income for gross housing costs, including utilities. For the purpose of administering affordable dwelling unit ordinances authorized by this chapter, local governments may establish individual definitions of affordable housing and affordable dwelling units including determination of the appropriate percent of area median income and percent of gross income.\n\t\t“Conditional zoning” means, as part of classifying land within a locality into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance.\n\t\t“Designated agent” means any agent employed or authorized by a locality and designated by the governing body to review and act on subdivision plats, site plans, and plans of development. “Designated agent” does not include the local planning commission. However, the local planning commission may serve as the designated agent of any locality with a population of 5,000 or less.\n\t\t“Development” means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. The term “development” shall not be construed to include any tract of land which will be principally devoted to agricultural production.\n\t\t“Historic area” means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.\n\t\t“Incentive zoning” means the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality, including but not limited to, site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development.\n\t\t“Local planning commission” means a municipal planning commission or a county planning commission.\n\t\t“Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under jurisdiction of the U.S. Department of Defense, including any leased facility, or any land or interest in land owned by the Commonwealth and administered by the Adjutant General of Virginia or the Virginia Department of Military Affairs. “Military installation” does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.\n\t\t“Mixed use development” means property that incorporates two or more different uses, and may include a variety of housing types, within a single development.\n\t\t“Official map” means a map of legally established and proposed public streets, waterways, and public areas adopted by a locality in accordance with the provisions of Article 4 (\u00a7 15.2-2233 et seq.) hereof.\n\t\t“Planned unit development” means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.\n\t\t“Planning district commission” means a regional planning agency chartered under the provisions of Chapter 42 (\u00a7 15.2-4200 et seq.) of this title.\n\t\t“Plat” or “plat of subdivision” means the schematic representation of land divided or to be divided and information in accordance with the provisions of \u00a7\u00a7 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and 15.2-2264, and other applicable statutes.\n\t\t“Preliminary subdivision plat” means the proposed schematic representation of development or subdivision that establishes how the provisions of \u00a7\u00a7 15.2-2241 and 15.2-2242, and other applicable statutes will be achieved.\n\t\t“Resident curator” means a person, firm, or corporation that leases or otherwise contracts to manage, preserve, maintain, operate, or reside in a historic property in accordance with the provisions of \u00a7 15.2-2306 and other applicable statutes.\n\t\t“Site plan” means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance to which the proposed development or subdivision is subject.\n\t\t“Special exception” means a special use that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances adopted herewith.\n\t\t“Street” means highway, street, avenue, boulevard, road, lane, alley, or any public way.\n\t\t“Subdivision,” unless otherwise defined in an ordinance adopted pursuant to \u00a7 15.2-2240, means the division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation of any single division of land into two lots or parcels, a plat of such division shall be submitted for approval in accordance with \u00a7 15.2-2258. Nothing in this definition, section, nor any ordinance adopted pursuant to \u00a7 15.2-2240 shall preclude different owners of adjacent parcels from entering into a valid and enforceable boundary line agreement with one another so long as such agreement is only used to resolve a bona fide property line dispute, the boundary adjustment does not move by more than 250 feet from the center of the current platted line or alter either parcel’s resultant acreage by more than five percent of the smaller parcel size, and such agreement does not create an additional lot, alter the existing boundary lines of localities, result in greater street frontage, or interfere with a recorded easement, and such agreement shall not result in any nonconformity with local ordinances and health department regulations. Notice shall be provided to the zoning administrator of the locality in which the parcels are located for review. For any property affected by this definition, any division of land subject to a partition suit by virtue of order or decree by a court of competent jurisdiction shall take precedence over the requirements of Article 6 (\u00a7 15.2-2240 et seq.) and the minimum lot area, width, or frontage requirements in the zoning ordinance so long as the lot or parcel resulting from such order or decree does not vary from minimum lot area, width, or frontage requirements by more than 20 percent. A copy of the final decree shall be provided to the zoning administrator of the locality in which the property is located.\n\t\t“Variance” means, in the application of a zoning ordinance, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.\n\t\t“Working waterfront” means an area or structure on, over, or adjacent to navigable waters that provides access to the water and is used for water-dependent commercial, industrial, or governmental activities, including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and services; seafood processing and sales; transportation; shipping; marine construction; and military activities.\n\t\t“Working waterfront development area” means an area containing one or more working waterfronts having economic, cultural, or historic public value of such significance as to warrant development and reparation.\n\t\t“Zoning” or “to zone” means the process of classifying land within a locality into areas and districts, such areas and districts being generally referred to as “zones,” by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13080,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:44:15","date_modified":"2026-06-26 03:44:15","permalink":{"id":154797,"object_type":"structure","relational_id":13080,"identifier":"1","token":"15.2\/II\/22\/1","url":"\/15.2\/II\/22\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67218,"structure_id":13080,"section_number":"15.2-2200","catch_line":"Declaration of legislative intent","url":"\/15.2-2200\/","token":"15.2\/II\/22\/1\/15.2-2200","metadata":false},{"id":77758,"structure_id":13080,"section_number":"15.2-2201","catch_line":"Definitions","url":"\/15.2-2201\/","token":"15.2\/II\/22\/1\/15.2-2201","metadata":false},{"id":73449,"structure_id":13080,"section_number":"15.2-2202","catch_line":"Duties of state agencies; electric utilities","url":"\/15.2-2202\/","token":"15.2\/II\/22\/1\/15.2-2202","metadata":false},{"id":63989,"structure_id":13080,"section_number":"15.2-2203","catch_line":"Existing planning commissions and boards of zoning appeals; validation of plans previously adopted","url":"\/15.2-2203\/","token":"15.2\/II\/22\/1\/15.2-2203","metadata":false},{"id":73996,"structure_id":13080,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","url":"\/15.2-2204\/","token":"15.2\/II\/22\/1\/15.2-2204","metadata":false},{"id":78283,"structure_id":13080,"section_number":"15.2-2205","catch_line":"Additional notice of planning or zoning matters","url":"\/15.2-2205\/","token":"15.2\/II\/22\/1\/15.2-2205","metadata":false},{"id":65873,"structure_id":13080,"section_number":"15.2-2206","catch_line":"When locality may require applicant to give notice; how given","url":"\/15.2-2206\/","token":"15.2\/II\/22\/1\/15.2-2206","metadata":false},{"id":64104,"structure_id":13080,"section_number":"15.2-2207","catch_line":"Public notice of juvenile residential care facilities in certain localities","url":"\/15.2-2207\/","token":"15.2\/II\/22\/1\/15.2-2207","metadata":false},{"id":72291,"structure_id":13080,"section_number":"15.2-2208","catch_line":"Restraining violations of chapter","url":"\/15.2-2208\/","token":"15.2\/II\/22\/1\/15.2-2208","metadata":false},{"id":60413,"structure_id":13080,"section_number":"15.2-2208.1","catch_line":"Damages for unconstitutional grant or denial by locality of certain permits and approvals","url":"\/15.2-2208.1\/","token":"15.2\/II\/22\/1\/15.2-2208.1","metadata":false},{"id":55396,"structure_id":13080,"section_number":"15.2-2208.2","catch_line":"Damages for an enforcement action undertaken by a locality with willful disregard for applicable law","url":"\/15.2-2208.2\/","token":"15.2\/II\/22\/1\/15.2-2208.2","metadata":false},{"id":75882,"structure_id":13080,"section_number":"15.2-2209","catch_line":"Civil penalties for violations of zoning ordinance","url":"\/15.2-2209\/","token":"15.2\/II\/22\/1\/15.2-2209","metadata":false},{"id":76085,"structure_id":13080,"section_number":"15.2-2209.1","catch_line":"Extension of approvals to address housing crisis","url":"\/15.2-2209.1\/","token":"15.2\/II\/22\/1\/15.2-2209.1","metadata":false},{"id":54128,"structure_id":13080,"section_number":"15.2-2209.1:1","catch_line":"Extension of approvals to address the COVID-19 pandemic","url":"\/15.2-2209.1_1\/","token":"15.2\/II\/22\/1\/15.2-2209.1_1","metadata":false},{"id":55192,"structure_id":13080,"section_number":"15.2-2209.1:2","catch_line":"Extension of land use approvals for solar photovoltaic projects","url":"\/15.2-2209.1_2\/","token":"15.2\/II\/22\/1\/15.2-2209.1_2","metadata":false},{"id":83217,"structure_id":13080,"section_number":"15.2-2209.2","catch_line":"Public infrastructure maintenance bonds","url":"\/15.2-2209.2\/","token":"15.2\/II\/22\/1\/15.2-2209.2","metadata":false},{"id":64238,"structure_id":13080,"section_number":"15.2-2209.3","catch_line":"Residential land development and construction fee transparency; annual report","url":"\/15.2-2209.3\/","token":"15.2\/II\/22\/1\/15.2-2209.3","metadata":false}],"previous_section":{"id":67218,"structure_id":13080,"section_number":"15.2-2200","catch_line":"Declaration of legislative intent","url":"\/15.2-2200\/","token":"15.2\/II\/22\/1\/15.2-2200","metadata":false},"next_section":{"id":73449,"structure_id":13080,"section_number":"15.2-2202","catch_line":"Duties of state agencies; electric utilities","url":"\/15.2-2202\/","token":"15.2\/II\/22\/1\/15.2-2202","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2201\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 20 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 407; in 1964, chapter 547; in 1966, chapter 344; in 1975, chapter 641; in 1976, chapter 642; in 1977, chapter 566; in 1978, chapter 320; in 1987, chapter 8; in 1989, chapter 384; in 1990, chapter 685; in 1993, chapter 770; in 1995, chapter 603<\/a>; in 2008, chapters 635<\/a> and 718<\/a>; in 2011, chapter 237<\/a>; in 2012, chapter 554<\/a>; in 2013, chapters 149<\/a> and 213<\/a>; in 2015, chapter 597<\/a>; in 2017, chapter 216<\/a>; in 2022, chapter 271<\/a>; in 2025, chapter 594<\/a>.<\/p>","references":[{"id":81394,"section_number":"10.1-606.3","catch_line":"Requirement for development in dam break inundation zones","order_by":null,"url":"\/10.1-606.3\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"},{"id":82084,"section_number":"15.2-2288.8","catch_line":"Special exceptions for solar photovoltaic projects","order_by":null,"url":"\/15.2-2288.8\/"},{"id":71508,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","order_by":null,"url":"\/15.2-2303\/"},{"id":73526,"section_number":"15.2-2306","catch_line":"Preservation of historical sites and architectural areas; civil penalty","order_by":null,"url":"\/15.2-2306\/"},{"id":55804,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","order_by":null,"url":"\/15.2-2309\/"},{"id":74738,"section_number":"15.2-7508","catch_line":"Disposition of property","order_by":null,"url":"\/15.2-7508\/"},{"id":80431,"section_number":"15.2-944.1","catch_line":"Notification prior to sale or transfer of ownership of certain historic properties","order_by":null,"url":"\/15.2-944.1\/"},{"id":82739,"section_number":"2.2-4327","catch_line":"Preference for community reinvestment activities in contracts for investment of funds","order_by":null,"url":"\/2.2-4327\/"},{"id":60967,"section_number":"62.1-229","catch_line":"Loans to local governments or other entities","order_by":null,"url":"\/62.1-229\/"},{"id":64461,"section_number":"62.1-229.5","catch_line":"Loans for living shorelines","order_by":null,"url":"\/62.1-229.5\/"},{"id":60711,"section_number":"62.1-259.1","catch_line":"Certain withdrawals; technical evaluation required","order_by":null,"url":"\/62.1-259.1\/"},{"id":71282,"section_number":"62.1-44.15:24","catch_line":"Definitions","order_by":null,"url":"\/62.1-44.15_24\/"}],"refers_to":[{"id":58010,"section_number":"15.2-2233","catch_line":"Maps to be prepared in localities; what map shall show","order_by":null,"url":"\/15.2-2233\/"},{"id":83925,"section_number":"15.2-2240","catch_line":"Localities to adopt ordinances regulating subdivision and development of land","order_by":null,"url":"\/15.2-2240\/"},{"id":81439,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2241\/"},{"id":55314,"section_number":"15.2-2242","catch_line":"Optional provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2242\/"},{"id":76956,"section_number":"15.2-2258","catch_line":"Plat of proposed subdivision and site plans to be submitted for approval","order_by":null,"url":"\/15.2-2258\/"},{"id":62994,"section_number":"15.2-2262","catch_line":"Requisites of plat","order_by":null,"url":"\/15.2-2262\/"},{"id":59776,"section_number":"15.2-2264","catch_line":"Statement of consent to subdivision; execution; acknowledgment and recordation; notice to commissioner of the revenue or board of real estate assessors","order_by":null,"url":"\/15.2-2264\/"},{"id":73526,"section_number":"15.2-2306","catch_line":"Preservation of historical sites and architectural areas; civil penalty","order_by":null,"url":"\/15.2-2306\/"},{"id":58779,"section_number":"15.2-4200","catch_line":"Short title","order_by":null,"url":"\/15.2-4200\/"}],"permalink":{"id":154803,"object_type":"law","relational_id":77758,"identifier":"15.2-2201","token":"15.2\/II\/22\/1\/15.2-2201","url":"\/15.2-2201\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2201\/","token":"15.2\/II\/22\/1\/15.2-2201","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2201","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Affordable housing” means, as a guideline, housing that is affordable to households with incomes at or below the area median income, provided that the occupant pays no more than thirty percent of his gross income for gross housing costs, including utilities. For the purpose of administering affordable dwelling unit ordinances<\/span> authorized by this chapter, local governments<\/span> may establish individual definitions of affordable housing and affordable dwelling units including determination of the appropriate percent of area median income and percent of gross income.\n\t\t“Conditional zoning” means, as part of classifying land within a locality<\/span> into areas and districts by legislative action, the allowing of reasonable conditions governing the use of such property, such conditions being in addition to, or modification of the regulations provided for a particular zoning district or zone by the overall zoning ordinance<\/span>.\n\t\t“Designated agent<\/span>” means any agent employed or authorized by a locality<\/span> and designated by the governing body<\/span> to review and act on subdivision plats<\/span>, site plans<\/span>, and plans of development. “Designated agent<\/span>” does not include the local planning commission<\/span>. However, the local planning commission<\/span> may serve as the designated agent<\/span> of any locality<\/span> with a population of 5,000 or less.\n\t\t“Development” means a tract of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. The term “development” shall not be construed to include any tract of land which will be principally devoted to agricultural production.\n\t\t“Historic area<\/span>” means an area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archaeological or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.\n\t\t“Incentive zoning<\/span>” means the use of bonuses in the form of increased project density or other benefits to a developer in return for the developer providing certain features, design elements, uses, services, or amenities desired by the locality<\/span>, including but not limited to, site design incorporating principles of new urbanism and traditional neighborhood development, environmentally sustainable and energy-efficient building design, affordable housing creation and preservation, and historical preservation, as part of the development.\n\t\t“Local planning commission<\/span>” means a municipal planning commission or a county<\/span> planning commission.\n\t\t“Military installation<\/span>” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under jurisdiction<\/span> of the U.S. Department of Defense, including any leased facility, or any land or interest in land owned by the Commonwealth and administered by the Adjutant General of Virginia or the Virginia Department of Military Affairs. “Military installation<\/span>” does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects.\n\t\t“Mixed use development<\/span>” means property that incorporates two or more different uses, and may include a variety of housing types, within a single development.\n\t\t“Official map<\/span>” means a map of legally established and proposed public streets<\/span>, waterways, and public areas adopted by a locality<\/span> in accordance with the provisions of Article 4 (\u00a7 15.2-2233<\/a> et seq.) hereof.\n\t\t“Planned unit development<\/span>” means a form of development characterized by unified site design for a variety of housing types and densities, clustering of buildings, common open space, and a mix of building types and land uses in which project planning and density calculation are performed for the entire development rather than on an individual lot basis.\n\t\t“Planning district commission<\/span>” means a regional planning agency chartered under the provisions of Chapter 42 (\u00a7 15.2-4200<\/a> et seq.) of this title.\n\t\t“Plat” or “plat of subdivision<\/span>” means the schematic representation of land divided or to be divided and information in accordance with the provisions of \u00a7\u00a7 15.2-2241<\/a>, 15.2-2242<\/a>, 15.2-2258<\/a>, 15.2-2262<\/a>, and 15.2-2264<\/a>, and other applicable statutes<\/span>.\n\t\t“Preliminary subdivision plat<\/span>” means the proposed schematic representation of development or subdivision that establishes how the provisions of \u00a7\u00a7 15.2-2241<\/a> and 15.2-2242<\/a>, and other applicable statutes<\/span> will be achieved.\n\t\t“Resident curator<\/span>” means a person, firm, or corporation that leases or otherwise contracts<\/span> to manage, preserve, maintain, operate, or reside in a historic property in accordance with the provisions of \u00a7 15.2-2306<\/a> and other applicable statutes<\/span>.\n\t\t“Site plan<\/span>” means the proposal for a development or a subdivision including all covenants, grants or easements and other conditions relating to use, location and bulk of buildings, density of development, common open space, public facilities and such other information as required by the subdivision ordinance<\/span> to which the proposed development or subdivision is subject.\n\t\t“Special exception<\/span>” means a special use that is a use not permitted in a particular district except by a special use permit granted under the provisions of this chapter and any zoning ordinances<\/span> adopted herewith.\n\t\t“Street<\/span>” means highway, street<\/span>, avenue, boulevard, road, lane, alley, or any public way.\n\t\t“Subdivision,” unless otherwise defined in an ordinance<\/span> adopted pursuant to \u00a7 15.2-2240<\/a>, means the division of a parcel of land into three or more lots or parcels of less than five acres each for the purpose of transfer of ownership or building development, or, if a new street<\/span> is involved in such division, any division of a parcel of land. The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation of any single division of land into two lots or parcels, a plat of such division shall be submitted for approval in accordance with \u00a7 15.2-2258<\/a>. Nothing in this definition, section, nor any ordinance<\/span> adopted pursuant to \u00a7 15.2-2240<\/a> shall preclude different owners of adjacent parcels from entering into a valid and enforceable boundary line agreement with one another so long as such agreement is only used to resolve a bona fide property line dispute, the boundary adjustment does not move by more than 250 feet from the center of the current platted line or alter either parcel’s resultant acreage by more than five percent of the smaller parcel size, and such agreement does not create an additional lot, alter the existing boundary lines of localities, result in greater street<\/span> frontage, or interfere with a recorded easement, and such agreement shall not result in any nonconformity with local ordinances<\/span> and health department regulations. Notice shall be provided to the zoning administrator of the locality<\/span> in which the parcels are located for review. For any property affected by this definition, any division of land subject to a partition<\/span> suit by virtue of order<\/span> or decree<\/span> by a court<\/span> of competent jurisdiction<\/span> shall take precedence over the requirements of Article 6 (\u00a7 15.2-2240<\/a> et seq.) and the minimum lot area, width, or frontage requirements in the zoning ordinance<\/span> so long as the lot or parcel resulting from such order<\/span> or decree<\/span> does not vary from minimum lot area, width, or frontage requirements by more than 20 percent. A copy of the final decree<\/span> shall be provided to the zoning administrator of the locality<\/span> in which the property is located.\n\t\t“Variance” means, in the application of a zoning ordinance<\/span>, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance<\/span> would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance<\/span>. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.\n\t\t“Working waterfront” means an area or structure on, over, or adjacent to navigable waters that provides access to the water and is used for water-dependent commercial, industrial, or governmental activities, including commercial and recreational fishing; tourism; aquaculture; boat and ship building, repair, and services; seafood processing and sales; transportation; shipping; marine construction; and military activities.\n\t\t“Working waterfront development area<\/span>” means an area containing one or more working waterfronts<\/span> having economic, cultural, or historic public value of such significance as to warrant development and reparation.\n\t\t“Zoning” or “to zone<\/span>” means the process of classifying land within a locality<\/span> into areas and districts, such areas and districts being generally referred to as “zones,” by legislative action and the prescribing and application in each area and district of regulations concerning building and structure designs, building and structure placement and uses to which land, buildings and structures within such designated areas and districts may be put.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 15.2-2201)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Affordable housing” means, as a guideline, housing that is\naffordable to households with incomes at or below the area median income,\nprovided that the occupant pays no more than thirty percent of his gross income\nfor gross housing costs, including utilities. For the purpose of administering\naffordable dwelling unit ordinances authorized by this chapter, local\ngovernments may establish individual definitions of affordable housing and\naffordable dwelling units including determination of the appropriate percent of\narea median income and percent of gross income.\n\t\t“Conditional zoning” means, as part of classifying land within a\nlocality into areas and districts by legislative action, the allowing of\nreasonable conditions governing the use of such property, such conditions being\nin addition to, or modification of the regulations provided for a particular\nzoning district or zone by the overall zoning ordinance.\n\t\t“Designated agent” means any agent employed or authorized by a\nlocality and designated by the governing body to review and act on subdivision\nplats, site plans, and plans of development. “Designated agent” does\nnot include the local planning commission. However, the local planning\ncommission may serve as the designated agent of any locality with a population\nof 5,000 or less.\n\t\t“Development” means a tract of land developed or to be developed\nas a unit under single ownership or unified control which is to be used for any\nbusiness or industrial purpose or is to contain three or more residential\ndwelling units. The term “development” shall not be construed to\ninclude any tract of land which will be principally devoted to agricultural\nproduction.\n\t\t“Historic area” means an area containing one or more buildings or\nplaces in which historic events occurred or having special public value because\nof notable architectural, archaeological or other features relating to the\ncultural or artistic heritage of the community, of such significance as to\nwarrant conservation and preservation.\n\t\t“Incentive zoning” means the use of bonuses in the form of\nincreased project density or other benefits to a developer in return for the\ndeveloper providing certain features, design elements, uses, services, or\namenities desired by the locality, including but not limited to, site design\nincorporating principles of new urbanism and traditional neighborhood\ndevelopment, environmentally sustainable and energy-efficient building design,\naffordable housing creation and preservation, and historical preservation, as\npart of the development.\n\t\t“Local planning commission” means a municipal planning commission\nor a county planning commission.\n\t\t“Military installation” means a base, camp, post, station, yard,\ncenter, homeport facility for any ship, or other activity under jurisdiction of\nthe U.S. Department of Defense, including any leased facility, or any land or\ninterest in land owned by the Commonwealth and administered by the Adjutant\nGeneral of Virginia or the Virginia Department of Military Affairs.\n“Military installation” does not include any facility used primarily\nfor civil works, rivers and harbors projects, or flood control projects.\n\t\t“Mixed use development” means property that incorporates two or\nmore different uses, and may include a variety of housing types, within a single\ndevelopment.\n\t\t“Official map” means a map of legally established and proposed\npublic streets, waterways, and public areas adopted by a locality in accordance\nwith the provisions of Article 4 (\u00a7 15.2-2233 et seq.) hereof.\n\t\t“Planned unit development” means a form of development\ncharacterized by unified site design for a variety of housing types and\ndensities, clustering of buildings, common open space, and a mix of building\ntypes and land uses in which project planning and density calculation are\nperformed for the entire development rather than on an individual lot basis.\n\t\t“Planning district commission” means a regional planning agency\nchartered under the provisions of Chapter 42 (\u00a7 15.2-4200 et seq.) of this\ntitle.\n\t\t“Plat” or “plat of subdivision” means the schematic\nrepresentation of land divided or to be divided and information in accordance\nwith the provisions of \u00a7\u00a7 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and\n15.2-2264, and other applicable statutes.\n\t\t“Preliminary subdivision plat” means the proposed schematic\nrepresentation of development or subdivision that establishes how the provisions\nof \u00a7\u00a7 15.2-2241 and 15.2-2242, and other applicable statutes will be achieved.\n\t\t“Resident curator” means a person, firm, or corporation that\nleases or otherwise contracts to manage, preserve, maintain, operate, or reside\nin a historic property in accordance with the provisions of \u00a7 15.2-2306 and\nother applicable statutes.\n\t\t“Site plan” means the proposal for a development or a subdivision\nincluding all covenants, grants or easements and other conditions relating to\nuse, location and bulk of buildings, density of development, common open space,\npublic facilities and such other information as required by the subdivision\nordinance to which the proposed development or subdivision is subject.\n\t\t“Special exception” means a special use that is a use not\npermitted in a particular district except by a special use permit granted under\nthe provisions of this chapter and any zoning ordinances adopted herewith.\n\t\t“Street” means highway, street, avenue, boulevard, road, lane,\nalley, or any public way.\n\t\t“Subdivision,” unless otherwise defined in an ordinance adopted\npursuant to \u00a7 15.2-2240, means the division of a parcel of land into three or\nmore lots or parcels of less than five acres each for the purpose of transfer of\nownership or building development, or, if a new street is involved in such\ndivision, any division of a parcel of land. The term includes resubdivision and,\nwhen appropriate to the context, shall relate to the process of subdividing or\nto the land subdivided and solely for the purpose of recordation of any single\ndivision of land into two lots or parcels, a plat of such division shall be\nsubmitted for approval in accordance with \u00a7 15.2-2258. Nothing in this\ndefinition, section, nor any ordinance adopted pursuant to \u00a7 15.2-2240 shall\npreclude different owners of adjacent parcels from entering into a valid and\nenforceable boundary line agreement with one another so long as such agreement\nis only used to resolve a bona fide property line dispute, the boundary\nadjustment does not move by more than 250 feet from the center of the current\nplatted line or alter either parcel’s resultant acreage by more than five\npercent of the smaller parcel size, and such agreement does not create an\nadditional lot, alter the existing boundary lines of localities, result in\ngreater street frontage, or interfere with a recorded easement, and such\nagreement shall not result in any nonconformity with local ordinances and health\ndepartment regulations. Notice shall be provided to the zoning administrator of\nthe locality in which the parcels are located for review. For any property\naffected by this definition, any division of land subject to a partition suit by\nvirtue of order or decree by a court of competent jurisdiction shall take\nprecedence over the requirements of Article 6 (\u00a7 15.2-2240 et seq.) and the\nminimum lot area, width, or frontage requirements in the zoning ordinance so\nlong as the lot or parcel resulting from such order or decree does not vary from\nminimum lot area, width, or frontage requirements by more than 20 percent. A\ncopy of the final decree shall be provided to the zoning administrator of the\nlocality in which the property is located.\n\t\t“Variance” means, in the application of a zoning ordinance, a\nreasonable deviation from those provisions regulating the shape, size, or area\nof a lot or parcel of land or the size, height, area, bulk, or location of a\nbuilding or structure when the strict application of the ordinance would\nunreasonably restrict the utilization of the property, and such need for a\nvariance would not be shared generally by other properties, and provided such\nvariance is not contrary to the purpose of the ordinance. It shall not include a\nchange in use, which change shall be accomplished by a rezoning or by a\nconditional zoning.\n\t\t“Working waterfront” means an area or structure on, over, or\nadjacent to navigable waters that provides access to the water and is used for\nwater-dependent commercial, industrial, or governmental activities, including\ncommercial and recreational fishing; tourism; aquaculture; boat and ship\nbuilding, repair, and services; seafood processing and sales; transportation;\nshipping; marine construction; and military activities.\n\t\t“Working waterfront development area” means an area containing one\nor more working waterfronts having economic, cultural, or historic public value\nof such significance as to warrant development and reparation.\n\t\t“Zoning” or “to zone” means the process of classifying\nland within a locality into areas and districts, such areas and districts being\ngenerally referred to as “zones,” by legislative action and the\nprescribing and application in each area and district of regulations concerning\nbuilding and structure designs, building and structure placement and uses to\nwhich land, buildings and structures within such designated areas and districts\nmay be put.\n\nHISTORY: Code 1950, \u00a7 15-961.3; 1962, c. 407, \u00a7 15.1-430; 1964, c. 547; 1966,\nc. 344; 1975, c. 641; 1976, c. 642; 1977, c. 566; 1978, c. 320; 1987, c. 8;\n1989, c. 384; 1990, c. 685; 1993, c. 770; 1995, c. 603; 1997, c.; 2008, cc. 635,\n718; 2011, c. 237; 2012, c. 554; 2013, cc. 149, 213; 2015, c. 597; 2017, c. 216;\n2022, c. 271; 2025, c. 594.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}