{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2297.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2297.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2297.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2297.html"}],"law_id":75113,"edition_id":1,"section_id":75113,"structure_id":12775,"section_number":"15.2-2297","catch_line":"Same; conditions as part of a rezoning or amendment to zoning map","history":"1978, c. 320, \u00a7 15.1-491.2; 1982, c. 293; 1990, c. 868; 1997, c. 587; 2001, c. 703; 2006, c. 450.","full_text":"A\n\nA zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body, in addition to the regulations provided for the zoning district or zone by the ordinance, as a part of a rezoning or amendment to a zoning map; provided that (i) the rezoning itself must give rise for the need for the conditions; (ii) the conditions shall have a reasonable relation to the rezoning; (iii) the conditions shall not include a cash contribution to the locality; (iv) the conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in § 15.2-2241; (v) the conditions shall not include a requirement that the applicant create a property owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.) which includes an express further condition that members of a property owners’ association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Department of Transportation; (vi) the conditions shall not include payment for or construction of off-site improvements except those provided for in § 15.2-2241; (vii) no condition shall be proffered that is not related to the physical development or physical operation of the property; and (viii) all such conditions shall be in conformity with the comprehensive plan as defined in § 15.2-2223. The governing body may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.B\n\nIn the event proffered conditions include a requirement for the dedication of real property of substantial value or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendments to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property, shall be effective with respect to such property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.C\n\nAny landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. The notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement the proffers, or such later time as the governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development of the property.\n\t\t\tAny landowner who complies with the requirements of this subsection shall be entitled to the protection against action initiated by the governing body affecting use, floor area ratio, and density set out in subsection B, unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subsection shall acquire no rights pursuant to this section.D\n\nThe provisions of subsections B and C of this section shall be effective prospectively only, and not retroactively, and shall not apply to any zoning ordinance text amendments which may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to affect any litigation pending prior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority of a governing body to:1\n\nAccept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or2\n\nAccept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286 or other provision of law.","order_by":null,"text":{"0":{"id":269795,"text":"A zoning ordinance may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing before the governing body, in addition to the regulations provided for the zoning district or zone by the ordinance, as a part of a rezoning or amendment to a zoning map; provided that (i) the rezoning itself must give rise for the need for the conditions; (ii) the conditions shall have a reasonable relation to the rezoning; (iii) the conditions shall not include a cash contribution to the locality; (iv) the conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in § 15.2-2241; (v) the conditions shall not include a requirement that the applicant create a property owners’ association under the Property Owners’ Association Act (§ 55.1-1800 et seq.) which includes an express further condition that members of a property owners’ association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in § 15.2-2241; however, such facilities shall not include sidewalks, special street signs or markers, or special street lighting in public rights-of-way not maintained by the Department of Transportation; (vi) the conditions shall not include payment for or construction of off-site improvements except those provided for in § 15.2-2241; (vii) no condition shall be proffered that is not related to the physical development or physical operation of the property; and (viii) all such conditions shall be in conformity with the comprehensive plan as defined in § 15.2-2223. The governing body may also accept amended proffers once the public hearing has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning ordinance, the conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":269796,"text":"In the event proffered conditions include a requirement for the dedication of real property of substantial value or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendments to the zoning map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning ordinance with respect to the zoning district applicable thereto initiated by the governing body, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning district applicable to such property, shall be effective with respect to such property unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":269797,"text":"Any landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. The notice shall identify the property to be developed, the zoning district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement the proffers, or such later time as the governing body may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development of the property.\n\t\t\tAny landowner who complies with the requirements of this subsection shall be entitled to the protection against action initiated by the governing body affecting use, floor area ratio, and density set out in subsection B, unless there has been mistake, fraud, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subsection shall acquire no rights pursuant to this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":269798,"text":"The provisions of subsections B and C of this section shall be effective prospectively only, and not retroactively, and shall not apply to any zoning ordinance text amendments which may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to affect any litigation pending prior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority of a governing body to:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":269799,"text":"Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":269800,"text":"Accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286 or other provision of law.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","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":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; appeal","url":"\/15.2-2285\/","token":"15.2\/II\/22\/7\/15.2-2285","metadata":false},{"id":67238,"structure_id":12775,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","url":"\/15.2-2286\/","token":"15.2\/II\/22\/7\/15.2-2286","metadata":false},{"id":74667,"structure_id":12775,"section_number":"15.2-2286.1","catch_line":"Provisions for clustering of single-family dwellings so as to preserve open space","url":"\/15.2-2286.1\/","token":"15.2\/II\/22\/7\/15.2-2286.1","metadata":false},{"id":86307,"structure_id":12775,"section_number":"15.2-2287","catch_line":"Localities may require oath regarding property interest of local officials","url":"\/15.2-2287\/","token":"15.2\/II\/22\/7\/15.2-2287","metadata":false},{"id":69029,"structure_id":12775,"section_number":"15.2-2287.1","catch_line":"Disclosures in land use proceedings","url":"\/15.2-2287.1\/","token":"15.2\/II\/22\/7\/15.2-2287.1","metadata":false},{"id":82837,"structure_id":12775,"section_number":"15.2-2288","catch_line":"Localities may not require a special use permit for certain agricultural activities","url":"\/15.2-2288\/","token":"15.2\/II\/22\/7\/15.2-2288","metadata":false},{"id":62984,"structure_id":12775,"section_number":"15.2-2288.01","catch_line":"Localities shall not require a special use permit for certain small-scale conversion of biomass to alternative fuel","url":"\/15.2-2288.01\/","token":"15.2\/II\/22\/7\/15.2-2288.01","metadata":false},{"id":63232,"structure_id":12775,"section_number":"15.2-2288.1","catch_line":"Localities may not require a special use permit for certain residential uses","url":"\/15.2-2288.1\/","token":"15.2\/II\/22\/7\/15.2-2288.1","metadata":false},{"id":54122,"structure_id":12775,"section_number":"15.2-2288.2","catch_line":"Localities may not require special use permit for certain temporary structures","url":"\/15.2-2288.2\/","token":"15.2\/II\/22\/7\/15.2-2288.2","metadata":false},{"id":81470,"structure_id":12775,"section_number":"15.2-2288.3","catch_line":"Licensed farm wineries; local regulation of certain activities","url":"\/15.2-2288.3\/","token":"15.2\/II\/22\/7\/15.2-2288.3","metadata":false},{"id":72741,"structure_id":12775,"section_number":"15.2-2288.3:1","catch_line":"Limited brewery license; local regulation of certain activities","url":"\/15.2-2288.3_1\/","token":"15.2\/II\/22\/7\/15.2-2288.3_1","metadata":false},{"id":58524,"structure_id":12775,"section_number":"15.2-2288.3:2","catch_line":"Limited distiller's license; local regulation of certain activities","url":"\/15.2-2288.3_2\/","token":"15.2\/II\/22\/7\/15.2-2288.3_2","metadata":false},{"id":85431,"structure_id":12775,"section_number":"15.2-2288.4","catch_line":"Extension of expiration dates for special use permits","url":"\/15.2-2288.4\/","token":"15.2\/II\/22\/7\/15.2-2288.4","metadata":false},{"id":76639,"structure_id":12775,"section_number":"15.2-2288.5","catch_line":"Meaning of \"cemetery\" for purposes of zoning","url":"\/15.2-2288.5\/","token":"15.2\/II\/22\/7\/15.2-2288.5","metadata":false},{"id":75049,"structure_id":12775,"section_number":"15.2-2288.6","catch_line":"Agricultural operations; local regulation of certain activities","url":"\/15.2-2288.6\/","token":"15.2\/II\/22\/7\/15.2-2288.6","metadata":false},{"id":63216,"structure_id":12775,"section_number":"15.2-2288.7","catch_line":"Local regulation of solar facilities","url":"\/15.2-2288.7\/","token":"15.2\/II\/22\/7\/15.2-2288.7","metadata":false},{"id":82084,"structure_id":12775,"section_number":"15.2-2288.8","catch_line":"Special exceptions for solar photovoltaic projects","url":"\/15.2-2288.8\/","token":"15.2\/II\/22\/7\/15.2-2288.8","metadata":false},{"id":73117,"structure_id":12775,"section_number":"15.2-2289","catch_line":"Localities may provide by ordinance for disclosure of real parties in interest","url":"\/15.2-2289\/","token":"15.2\/II\/22\/7\/15.2-2289","metadata":false},{"id":66254,"structure_id":12775,"section_number":"15.2-2290","catch_line":"Uniform regulations for manufactured housing","url":"\/15.2-2290\/","token":"15.2\/II\/22\/7\/15.2-2290","metadata":false},{"id":61177,"structure_id":12775,"section_number":"15.2-2291","catch_line":"Assisted living facilities and group homes of eight or fewer; single-family residence","url":"\/15.2-2291\/","token":"15.2\/II\/22\/7\/15.2-2291","metadata":false},{"id":66725,"structure_id":12775,"section_number":"15.2-2292","catch_line":"Zoning provisions for family day homes","url":"\/15.2-2292\/","token":"15.2\/II\/22\/7\/15.2-2292","metadata":false},{"id":55400,"structure_id":12775,"section_number":"15.2-2292.1","catch_line":"Zoning provisions for temporary family health care structures","url":"\/15.2-2292.1\/","token":"15.2\/II\/22\/7\/15.2-2292.1","metadata":false},{"id":73924,"structure_id":12775,"section_number":"15.2-2292.2","catch_line":"Waiver of zoning permit requirements; child day programs","url":"\/15.2-2292.2\/","token":"15.2\/II\/22\/7\/15.2-2292.2","metadata":false},{"id":82111,"structure_id":12775,"section_number":"15.2-2293","catch_line":"Airspace subject to zoning ordinances","url":"\/15.2-2293\/","token":"15.2\/II\/22\/7\/15.2-2293","metadata":false},{"id":76481,"structure_id":12775,"section_number":"15.2-2293.1","catch_line":"Placement of amateur radio antennas","url":"\/15.2-2293.1\/","token":"15.2\/II\/22\/7\/15.2-2293.1","metadata":false},{"id":85079,"structure_id":12775,"section_number":"15.2-2293.2","catch_line":"Regulation of helicopter use","url":"\/15.2-2293.2\/","token":"15.2\/II\/22\/7\/15.2-2293.2","metadata":false},{"id":82226,"structure_id":12775,"section_number":"15.2-2294","catch_line":"Airport safety zoning","url":"\/15.2-2294\/","token":"15.2\/II\/22\/7\/15.2-2294","metadata":false},{"id":64988,"structure_id":12775,"section_number":"15.2-2295","catch_line":"Aircraft noise attenuation features in buildings and structures within airport noise zones","url":"\/15.2-2295\/","token":"15.2\/II\/22\/7\/15.2-2295","metadata":false},{"id":63677,"structure_id":12775,"section_number":"15.2-2295.1","catch_line":"Regulation of mountain ridge construction","url":"\/15.2-2295.1\/","token":"15.2\/II\/22\/7\/15.2-2295.1","metadata":false},{"id":84804,"structure_id":12775,"section_number":"15.2-2295.2","catch_line":"Dam break inundation zones","url":"\/15.2-2295.2\/","token":"15.2\/II\/22\/7\/15.2-2295.2","metadata":false},{"id":75685,"structure_id":12775,"section_number":"15.2-2296","catch_line":"Conditional zoning; declaration of legislative policy and findings; purpose","url":"\/15.2-2296\/","token":"15.2\/II\/22\/7\/15.2-2296","metadata":false},{"id":75113,"structure_id":12775,"section_number":"15.2-2297","catch_line":"Same; conditions as part of a rezoning or amendment to zoning map","url":"\/15.2-2297\/","token":"15.2\/II\/22\/7\/15.2-2297","metadata":false},{"id":63949,"structure_id":12775,"section_number":"15.2-2298","catch_line":"Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities","url":"\/15.2-2298\/","token":"15.2\/II\/22\/7\/15.2-2298","metadata":false},{"id":68680,"structure_id":12775,"section_number":"15.2-2299","catch_line":"Same; enforcement and guarantees","url":"\/15.2-2299\/","token":"15.2\/II\/22\/7\/15.2-2299","metadata":false},{"id":80500,"structure_id":12775,"section_number":"15.2-2300","catch_line":"Same; records","url":"\/15.2-2300\/","token":"15.2\/II\/22\/7\/15.2-2300","metadata":false},{"id":60233,"structure_id":12775,"section_number":"15.2-2301","catch_line":"Same; petition for review of decision","url":"\/15.2-2301\/","token":"15.2\/II\/22\/7\/15.2-2301","metadata":false},{"id":74154,"structure_id":12775,"section_number":"15.2-2302","catch_line":"Same; amendments and variations of conditions","url":"\/15.2-2302\/","token":"15.2\/II\/22\/7\/15.2-2302","metadata":false},{"id":71508,"structure_id":12775,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","url":"\/15.2-2303\/","token":"15.2\/II\/22\/7\/15.2-2303","metadata":false},{"id":64570,"structure_id":12775,"section_number":"15.2-2303.1","catch_line":"Development agreements in certain counties","url":"\/15.2-2303.1\/","token":"15.2\/II\/22\/7\/15.2-2303.1","metadata":false},{"id":69744,"structure_id":12775,"section_number":"15.2-2303.1:1","catch_line":"When certain cash proffers collected or accepted","url":"\/15.2-2303.1_1\/","token":"15.2\/II\/22\/7\/15.2-2303.1_1","metadata":false},{"id":72559,"structure_id":12775,"section_number":"15.2-2303.2","catch_line":"Proffered cash payments and expenditures","url":"\/15.2-2303.2\/","token":"15.2\/II\/22\/7\/15.2-2303.2","metadata":false},{"id":67823,"structure_id":12775,"section_number":"15.2-2303.3","catch_line":"Cash proffers requested or accepted by a locality","url":"\/15.2-2303.3\/","token":"15.2\/II\/22\/7\/15.2-2303.3","metadata":false},{"id":78647,"structure_id":12775,"section_number":"15.2-2303.4","catch_line":"Provisions applicable to certain conditional rezoning proffers","url":"\/15.2-2303.4\/","token":"15.2\/II\/22\/7\/15.2-2303.4","metadata":false},{"id":63382,"structure_id":12775,"section_number":"15.2-2304","catch_line":"Affordable dwelling unit ordinances in certain localities","url":"\/15.2-2304\/","token":"15.2\/II\/22\/7\/15.2-2304","metadata":false},{"id":66597,"structure_id":12775,"section_number":"15.2-2305","catch_line":"Affordable dwelling unit ordinances","url":"\/15.2-2305\/","token":"15.2\/II\/22\/7\/15.2-2305","metadata":false},{"id":70161,"structure_id":12775,"section_number":"15.2-2305.1","catch_line":"Affordable housing dwelling unit ordinances","url":"\/15.2-2305.1\/","token":"15.2\/II\/22\/7\/15.2-2305.1","metadata":false},{"id":73526,"structure_id":12775,"section_number":"15.2-2306","catch_line":"Preservation of historical sites and architectural areas; civil penalty","url":"\/15.2-2306\/","token":"15.2\/II\/22\/7\/15.2-2306","metadata":false},{"id":83924,"structure_id":12775,"section_number":"15.2-2306.1","catch_line":"Creation of working waterfront development areas","url":"\/15.2-2306.1\/","token":"15.2\/II\/22\/7\/15.2-2306.1","metadata":false},{"id":56409,"structure_id":12775,"section_number":"15.2-2307","catch_line":"Vested rights not impaired; nonconforming uses","url":"\/15.2-2307\/","token":"15.2\/II\/22\/7\/15.2-2307","metadata":false},{"id":53959,"structure_id":12775,"section_number":"15.2-2307.1","catch_line":"Protection of established commercial fishing operations","url":"\/15.2-2307.1\/","token":"15.2\/II\/22\/7\/15.2-2307.1","metadata":false},{"id":60439,"structure_id":12775,"section_number":"15.2-2308","catch_line":"Boards of zoning appeals to be created; membership, organization, etc","url":"\/15.2-2308\/","token":"15.2\/II\/22\/7\/15.2-2308","metadata":false},{"id":60938,"structure_id":12775,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","url":"\/15.2-2308.1\/","token":"15.2\/II\/22\/7\/15.2-2308.1","metadata":false},{"id":55804,"structure_id":12775,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","url":"\/15.2-2309\/","token":"15.2\/II\/22\/7\/15.2-2309","metadata":false},{"id":80144,"structure_id":12775,"section_number":"15.2-2310","catch_line":"Applications for special exceptions and variances","url":"\/15.2-2310\/","token":"15.2\/II\/22\/7\/15.2-2310","metadata":false},{"id":68867,"structure_id":12775,"section_number":"15.2-2311","catch_line":"Appeals to board","url":"\/15.2-2311\/","token":"15.2\/II\/22\/7\/15.2-2311","metadata":false},{"id":82504,"structure_id":12775,"section_number":"15.2-2312","catch_line":"Procedure on appeal","url":"\/15.2-2312\/","token":"15.2\/II\/22\/7\/15.2-2312","metadata":false},{"id":61459,"structure_id":12775,"section_number":"15.2-2313","catch_line":"Proceedings to prevent construction of building in violation of zoning ordinance","url":"\/15.2-2313\/","token":"15.2\/II\/22\/7\/15.2-2313","metadata":false},{"id":64121,"structure_id":12775,"section_number":"15.2-2314","catch_line":"Certiorari to review decision of board","url":"\/15.2-2314\/","token":"15.2\/II\/22\/7\/15.2-2314","metadata":false},{"id":82707,"structure_id":12775,"section_number":"15.2-2315","catch_line":"Conflict with statutes, local ordinances or regulations","url":"\/15.2-2315\/","token":"15.2\/II\/22\/7\/15.2-2315","metadata":false},{"id":67900,"structure_id":12775,"section_number":"15.2-2316","catch_line":"Validation of zoning ordinances prior to 1971","url":"\/15.2-2316\/","token":"15.2\/II\/22\/7\/15.2-2316","metadata":false}],"previous_section":{"id":75685,"structure_id":12775,"section_number":"15.2-2296","catch_line":"Conditional zoning; declaration of legislative policy and findings; purpose","url":"\/15.2-2296\/","token":"15.2\/II\/22\/7\/15.2-2296","metadata":false},"next_section":{"id":63949,"structure_id":12775,"section_number":"15.2-2298","catch_line":"Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities","url":"\/15.2-2298\/","token":"15.2\/II\/22\/7\/15.2-2298","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2297\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 320 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1982, chapter 293; in 1990, chapter 868; in 1997, chapter 587<\/a>; in 2001, chapter 703<\/a>; in 2006, chapter 450<\/a>.<\/p>","references":[{"id":76085,"section_number":"15.2-2209.1","catch_line":"Extension of approvals to address housing crisis","order_by":null,"url":"\/15.2-2209.1\/"},{"id":54128,"section_number":"15.2-2209.1:1","catch_line":"Extension of approvals to address the COVID-19 pandemic","order_by":null,"url":"\/15.2-2209.1_1\/"},{"id":76310,"section_number":"15.2-2222.1","catch_line":"Coordination of state and local transportation planning","order_by":null,"url":"\/15.2-2222.1\/"},{"id":74652,"section_number":"15.2-2272","catch_line":"Vacation of plat after sale of lot","order_by":null,"url":"\/15.2-2272\/"},{"id":63949,"section_number":"15.2-2298","catch_line":"Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities","order_by":null,"url":"\/15.2-2298\/"},{"id":74154,"section_number":"15.2-2302","catch_line":"Same; amendments and variations of conditions","order_by":null,"url":"\/15.2-2302\/"},{"id":78647,"section_number":"15.2-2303.4","catch_line":"Provisions applicable to certain conditional rezoning proffers","order_by":null,"url":"\/15.2-2303.4\/"}],"refers_to":[{"id":56779,"section_number":"15.2-2223","catch_line":"Comprehensive plan to be prepared and adopted; scope and purpose","order_by":null,"url":"\/15.2-2223\/"},{"id":81439,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2241\/"},{"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":65321,"section_number":"55.1-1800","catch_line":"Definitions","order_by":null,"url":"\/55.1-1800\/"}],"permalink":{"id":155363,"object_type":"law","relational_id":75113,"identifier":"15.2-2297","token":"15.2\/II\/22\/7\/15.2-2297","url":"\/15.2-2297\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2297\/","token":"15.2\/II\/22\/7\/15.2-2297","dublin_core":{"Title":"Same; conditions as part of a rezoning or amendment to zoning map","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2297","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A zoning<\/span> ordinance<\/span> may include and provide for the voluntary proffering in writing, by the owner, of reasonable conditions, prior to a public hearing<\/span> before the governing body<\/span>, in addition to the regulations provided for the zoning<\/span> district or zone by the ordinance<\/span>, as a part of a rezoning or amendment to a zoning<\/span> map; provided that (i) the rezoning itself must give rise for the need for the conditions; (ii) the conditions shall have a reasonable relation to the rezoning; (iii) the conditions shall not include a cash contribution to the locality<\/span>; (iv) the conditions shall not include mandatory dedication of real or personal property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in § 15.2-2241<\/a>; (v) the conditions shall not include a requirement that the applicant create a property owners’ association under the Property Owners’ Association Act (§ 55.1-1800<\/a> et seq.) which includes an express further condition that members of a property owners’ association pay an assessment for the maintenance of public facilities owned in fee by a public entity, including open space, parks, schools, fire departments and other public facilities not otherwise provided for in § 15.2-2241<\/a>; however, such facilities shall not include sidewalks, special street<\/span> signs or markers, or special street<\/span> lighting in public rights-of-way not maintained by the Department of Transportation; (vi) the conditions shall not include payment for or construction of off-site improvements except those provided for in § 15.2-2241<\/a>; (vii) no condition shall be proffered that is not related to the physical development<\/span> or physical operation of the property; and (viii) all such conditions shall be in conformity with the comprehensive plan as defined in § 15.2-2223<\/a>. The governing body<\/span> may also accept amended proffers once the public hearing<\/span> has begun if the amended proffers do not materially affect the overall proposal. Once proffered and accepted as part of an amendment to the zoning<\/span> ordinance<\/span>, the conditions shall continue in effect until a subsequent amendment changes the zoning<\/span> on the property covered by the conditions. However, the conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning<\/span> ordinance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event proffered conditions include a requirement for the dedication of real property of substantial value or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendments to the zoning<\/span> map for the property subject to such conditions, nor the conditions themselves, nor any amendments to the text of the zoning<\/span> ordinance<\/span> with respect to the zoning<\/span> district applicable thereto initiated by the governing body<\/span>, which eliminate, or materially restrict, reduce, or modify the uses, the floor area ratio, or the density of use permitted in the zoning<\/span> district applicable to such property, shall be effective with respect to such property unless there has been mistake, fraud<\/span>, or a change in circumstances substantially affecting the public health, safety, or welfare. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, but who has not substantially implemented such proffers prior to July 1, 1990, shall advise the local governing body<\/span> by certified mail prior to July 1, 1991, that he intends to proceed with the implementation of such proffers. The notice shall identify the property to be developed, the zoning<\/span> district, and the proffers applicable thereto. Thereafter, any landowner giving such notice shall have until July 1, 1995, substantially to implement the proffers, or such later time as the governing body<\/span> may allow. Thereafter, the landowner in good faith shall diligently pursue the completion of the development<\/span> of the property.\n\t\t\tAny landowner who complies with the requirements of this subsection shall be entitled to the protection against action initiated by the governing body<\/span> affecting use, floor area ratio, and density set out in subsection B, unless there has been mistake, fraud<\/span>, or a change in circumstances substantially affecting the public health, safety, or welfare, but any landowner failing to comply with the requirements of this subsection shall acquire no rights pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of subsections B and C of this section shall be effective prospectively only, and not retroactively, and shall not apply to any zoning<\/span> ordinance<\/span> text amendments which may have been enacted prior to March 10, 1990. Nothing contained herein shall be construed to affect any litigation<\/span> pending prior to July 1, 1990, or any such litigation<\/span> nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority of a governing body<\/span> to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286<\/a> or other provision of law<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSAME; CONDITIONS AS PART OF A REZONING OR AMENDMENT TO ZONING MAP (\u00a7 15.2-2297)\n\nA. A zoning ordinance may include and provide for the voluntary proffering in\nwriting, by the owner, of reasonable conditions, prior to a public hearing\nbefore the governing body, in addition to the regulations provided for the\nzoning district or zone by the ordinance, as a part of a rezoning or amendment\nto a zoning map; provided that (i) the rezoning itself must give rise for the\nneed for the conditions; (ii) the conditions shall have a reasonable relation to\nthe rezoning; (iii) the conditions shall not include a cash contribution to the\nlocality; (iv) the conditions shall not include mandatory dedication of real or\npersonal property for open space, parks, schools, fire departments or other\npublic facilities not otherwise provided for in § 15.2-2241; (v) the\nconditions shall not include a requirement that the applicant create a property\nowners’ association under the Property Owners’ Association Act\n(§ 55.1-1800 et seq.) which includes an express further condition that\nmembers of a property owners’ association pay an assessment for the\nmaintenance of public facilities owned in fee by a public entity, including open\nspace, parks, schools, fire departments and other public facilities not\notherwise provided for in § 15.2-2241; however, such facilities shall not\ninclude sidewalks, special street signs or markers, or special street lighting\nin public rights-of-way not maintained by the Department of Transportation; (vi)\nthe conditions shall not include payment for or construction of off-site\nimprovements except those provided for in § 15.2-2241; (vii) no condition\nshall be proffered that is not related to the physical development or physical\noperation of the property; and (viii) all such conditions shall be in conformity\nwith the comprehensive plan as defined in § 15.2-2223. The governing body\nmay also accept amended proffers once the public hearing has begun if the\namended proffers do not materially affect the overall proposal. Once proffered\nand accepted as part of an amendment to the zoning ordinance, the conditions\nshall continue in effect until a subsequent amendment changes the zoning on the\nproperty covered by the conditions. However, the conditions shall continue if\nthe subsequent amendment is part of a comprehensive implementation of a new or\nsubstantially revised zoning ordinance.\n\nB. In the event proffered conditions include a requirement for the dedication of\nreal property of substantial value or construction of substantial public\nimprovements, the need for which is not generated solely by the rezoning itself,\nthen no amendments to the zoning map for the property subject to such\nconditions, nor the conditions themselves, nor any amendments to the text of the\nzoning ordinance with respect to the zoning district applicable thereto\ninitiated by the governing body, which eliminate, or materially restrict,\nreduce, or modify the uses, the floor area ratio, or the density of use\npermitted in the zoning district applicable to such property, shall be effective\nwith respect to such property unless there has been mistake, fraud, or a change\nin circumstances substantially affecting the public health, safety, or welfare.\n\nC. Any landowner who has prior to July 1, 1990, proffered the dedication of real\nproperty of substantial value or construction of substantial public\nimprovements, the need for which is not generated solely by the rezoning itself,\nbut who has not substantially implemented such proffers prior to July 1, 1990,\nshall advise the local governing body by certified mail prior to July 1, 1991,\nthat he intends to proceed with the implementation of such proffers. The notice\nshall identify the property to be developed, the zoning district, and the\nproffers applicable thereto. Thereafter, any landowner giving such notice shall\nhave until July 1, 1995, substantially to implement the proffers, or such later\ntime as the governing body may allow. Thereafter, the landowner in good faith\nshall diligently pursue the completion of the development of the property.\n\t\t\tAny landowner who complies with the requirements of this subsection shall be\nentitled to the protection against action initiated by the governing body\naffecting use, floor area ratio, and density set out in subsection B, unless\nthere has been mistake, fraud, or a change in circumstances substantially\naffecting the public health, safety, or welfare, but any landowner failing to\ncomply with the requirements of this subsection shall acquire no rights pursuant\nto this section.\n\nD. The provisions of subsections B and C of this section shall be effective\nprospectively only, and not retroactively, and shall not apply to any zoning\nordinance text amendments which may have been enacted prior to March 10, 1990.\nNothing contained herein shall be construed to affect any litigation pending\nprior to July 1, 1990, or any such litigation nonsuited and thereafter refiled.\n\t\t\tNothing in this section shall be construed to affect or impair the authority\nof a governing body to:\n\n 1. Accept proffered conditions which include provisions for timing or phasing\n of dedications, payments, or improvements; or\n\n 2. Accept or impose valid conditions pursuant to subdivision A 3 of §\n 15.2-2286 or other provision of law.\n\nHISTORY: 1978, c. 320, \u00a7 15.1-491.2; 1982, c. 293; 1990, c. 868; 1997, c. 587;\n2001, c. 703; 2006, c. 450.","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}}