{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2302.html"}],"law_id":74154,"edition_id":1,"section_id":74154,"structure_id":12775,"section_number":"15.2-2302","catch_line":"Same; amendments and variations of conditions","history":"1978, c. 320, \u00a7 15.1-491.6; 1997, c. 587; 2009, c. 315; 2012, cc. 415, 465; 2013, c. 513; 2017, c. 379.","full_text":"A\n\nSubject to any applicable public notice or hearing requirement of subsection B but notwithstanding any other provision of law, any landowner subject to conditions proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 may apply to the governing body for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by subsection B of § 15.2-2204. Further, the approval of such an amendment or variation by the governing body shall not in itself cause the use of any other property to be determined a nonconforming use.B\n\nThere shall be no such amendment or variation of any conditions proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 until after a public hearing before the governing body advertised pursuant to the provisions of § 15.2-2204. However, where an amendment to such proffered conditions is requested pursuant to subsection A, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of such proffered conditions.C\n\nOnce amended pursuant to this section, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of this chapter.D\n\nNotwithstanding any other provision of law, no claim of any right derived from any condition proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 shall impair the right of any landowner subject to such a proffered condition to secure amendments to or variations of such proffered conditions.E\n\nNotwithstanding any other provision of law, the governing body may waive the written notice requirement of subsection A in order to reduce, suspend, or eliminate outstanding cash proffer payments for residential construction calculated on a per-dwelling-unit or per-home basis that have been agreed to, but unpaid, by any landowner.","order_by":null,"text":{"0":{"id":266661,"text":"Subject to any applicable public notice or hearing requirement of subsection B but notwithstanding any other provision of law, any landowner subject to conditions proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 may apply to the governing body for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by subsection B of § 15.2-2204. Further, the approval of such an amendment or variation by the governing body shall not in itself cause the use of any other property to be determined a nonconforming use.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266662,"text":"There shall be no such amendment or variation of any conditions proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 until after a public hearing before the governing body advertised pursuant to the provisions of § 15.2-2204. However, where an amendment to such proffered conditions is requested pursuant to subsection A, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of such proffered conditions.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266663,"text":"Once amended pursuant to this section, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of this chapter.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":266664,"text":"Notwithstanding any other provision of law, no claim of any right derived from any condition proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 shall impair the right of any landowner subject to such a proffered condition to secure amendments to or variations of such proffered conditions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":266665,"text":"Notwithstanding any other provision of law, the governing body may waive the written notice requirement of subsection A in order to reduce, suspend, or eliminate outstanding cash proffer payments for residential construction calculated on a per-dwelling-unit or per-home basis that have been agreed to, but unpaid, by any landowner.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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; 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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 1997, chapter 587<\/a>; in 2009, chapter 315<\/a>; in 2012, chapters 415<\/a> and 465<\/a>; in 2013, chapter 513<\/a>; in 2017, chapter 379<\/a>.<\/p>","references":[{"id":75685,"section_number":"15.2-2296","catch_line":"Conditional zoning; declaration of legislative policy and findings; purpose","order_by":null,"url":"\/15.2-2296\/"},{"id":71508,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","order_by":null,"url":"\/15.2-2303\/"}],"refers_to":[{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"},{"id":75113,"section_number":"15.2-2297","catch_line":"Same; conditions as part of a rezoning or amendment to zoning map","order_by":null,"url":"\/15.2-2297\/"},{"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":71508,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","order_by":null,"url":"\/15.2-2303\/"},{"id":64570,"section_number":"15.2-2303.1","catch_line":"Development agreements in certain counties","order_by":null,"url":"\/15.2-2303.1\/"}],"permalink":{"id":155383,"object_type":"law","relational_id":74154,"identifier":"15.2-2302","token":"15.2\/II\/22\/7\/15.2-2302","url":"\/15.2-2302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2302\/","token":"15.2\/II\/22\/7\/15.2-2302","dublin_core":{"Title":"Same; amendments and variations of conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Subject to any applicable public notice or hearing<\/span> requirement of subsection B but notwithstanding any other provision of law<\/span>, any landowner subject to conditions proffered pursuant to § 15.2-2297<\/a>, 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> may apply to the governing body<\/span> for amendments to or variations of such proffered conditions provided only that written notice of such application be provided in the manner prescribed by subsection B of § 15.2-2204<\/a>. Further, the approval of such an amendment or variation by the governing body<\/span> shall not in itself cause the use of any other property to be determined a nonconforming use. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> There shall be no such amendment or variation of any conditions proffered pursuant to § 15.2-2297<\/a>, 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> until after a public hearing<\/span> before the governing body<\/span> advertised pursuant to the provisions of § 15.2-2204<\/a>. However, where an amendment to such proffered conditions is requested pursuant to subsection A, and where such amendment does not affect conditions of use or density, a local governing body<\/span> may waive<\/span> the requirement for a public hearing<\/span> (i) under this section and (ii) under any other statute<\/span>, ordinance<\/span>, or proffer requiring a public hearing<\/span> prior to amendment of such proffered conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Once amended pursuant to this section, the proffered conditions shall continue to be an amendment to the zoning<\/span> ordinance<\/span> and may be enforced by the zoning<\/span> administrator pursuant to the applicable provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any other provision of law<\/span>, no claim of any right derived from any condition proffered pursuant to § 15.2-2297<\/a>, 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a> shall impair the right of any landowner subject to such a proffered condition to secure amendments to or variations of such proffered conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of law<\/span>, the governing body<\/span> may waive<\/span> the written notice requirement of subsection A in order<\/span> to reduce, suspend, or eliminate outstanding cash proffer payments for residential construction calculated on a per-dwelling-unit or per-home basis that have been agreed to, but unpaid, by any landowner. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSAME; AMENDMENTS AND VARIATIONS OF CONDITIONS (\u00a7 15.2-2302)\n\nA. Subject to any applicable public notice or hearing requirement of subsection\nB but notwithstanding any other provision of law, any landowner subject to\nconditions proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or\n15.2-2303.1 may apply to the governing body for amendments to or variations of\nsuch proffered conditions provided only that written notice of such application\nbe provided in the manner prescribed by subsection B of § 15.2-2204.\nFurther, the approval of such an amendment or variation by the governing body\nshall not in itself cause the use of any other property to be determined a\nnonconforming use.\n\nB. There shall be no such amendment or variation of any conditions proffered\npursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1 until after a\npublic hearing before the governing body advertised pursuant to the provisions\nof § 15.2-2204. However, where an amendment to such proffered conditions is\nrequested pursuant to subsection A, and where such amendment does not affect\nconditions of use or density, a local governing body may waive the requirement\nfor a public hearing (i) under this section and (ii) under any other statute,\nordinance, or proffer requiring a public hearing prior to amendment of such\nproffered conditions.\n\nC. Once amended pursuant to this section, the proffered conditions shall\ncontinue to be an amendment to the zoning ordinance and may be enforced by the\nzoning administrator pursuant to the applicable provisions of this chapter.\n\nD. Notwithstanding any other provision of law, no claim of any right derived\nfrom any condition proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303,\nor 15.2-2303.1 shall impair the right of any landowner subject to such a\nproffered condition to secure amendments to or variations of such proffered\nconditions.\n\nE. Notwithstanding any other provision of law, the governing body may waive the\nwritten notice requirement of subsection A in order to reduce, suspend, or\neliminate outstanding cash proffer payments for residential construction\ncalculated on a per-dwelling-unit or per-home basis that have been agreed to,\nbut unpaid, by any landowner.\n\nHISTORY: 1978, c. 320, \u00a7 15.1-491.6; 1997, c. 587; 2009, c. 315; 2012, cc. 415,\n465; 2013, c. 513; 2017, c. 379.","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}}