{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2303.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2303.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2303.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2303.4.html"}],"law_id":78647,"edition_id":1,"section_id":78647,"structure_id":12775,"section_number":"15.2-2303.4","catch_line":"Provisions applicable to certain conditional rezoning proffers","history":"2016, c. 322; 2019, cc. 129, 245.","full_text":"A\n\nFor purposes of this section, unless the context requires a different meaning:\n\t\t\t“New residential development” means any construction or building expansion on residentially zoned property, including a residential component of a mixed-use development, that results in either one or more additional residential dwelling units or, otherwise, fewer residential dwelling units, beyond what may be permitted by right under the then-existing zoning of the property, when such new residential development requires a rezoning or proffer condition amendment.\n\t\t\t“New residential use” means any use of residentially zoned property that requires a rezoning or that requires a proffer condition amendment to allow for new residential development.\n\t\t\t“Offsite proffer” means a proffer addressing an impact outside the boundaries of the property to be developed and shall include all cash proffers.\n\t\t\t“Onsite proffer” means a proffer addressing an impact within the boundaries of the property to be developed and shall not include any cash proffers.\n\t\t\t“Proffer condition amendment” means an amendment to an existing proffer statement applicable to a property or properties.\n\t\t\t“Public facilities” means public transportation facilities, public safety facilities, public school facilities, or public parks.\n\t\t\t“Public facility improvement” means an offsite public transportation facility improvement, a public safety facility improvement, a public school facility improvement, or an improvement to or construction of a public park. No public facility improvement shall include any operating expense of an existing public facility, such as ordinary maintenance or repair, or any capital improvement to an existing public facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility. For purposes of this section, the term “public park” shall include playgrounds and other recreational facilities.\n\t\t\t“Public safety facility improvement” means construction of new law-enforcement, fire, emergency medical, and rescue facilities or expansion of existing public safety facilities, to include all buildings, structures, parking, and other costs directly related thereto.\n\t\t\t“Public school facility improvement” means construction of new primary and secondary public schools or expansion of existing primary and secondary public schools, to include all buildings, structures, parking, and other costs directly related thereto.\n\t\t\t“Public transportation facility improvement” means (i) construction of new roads; (ii) improvement or expansion of existing roads and related appurtenances as required by applicable standards of the Virginia Department of Transportation, or the applicable standards of a locality; and (iii) construction, improvement, or expansion of buildings, structures, parking, and other facilities directly related to transit.\n\t\t\t“Residentially zoned property” means property zoned or proposed to be zoned for either single-family or multifamily housing.\n\t\t\t“Small area comprehensive plan” means that portion of a comprehensive plan adopted pursuant to § 15.2-2223 that is specifically applicable to a delineated area within a locality rather than the locality as a whole.B\n\nNotwithstanding any other provision of law, general or special, no local governing body shall (i) require any unreasonable proffer, as described in subsection C, in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application or proffer condition amendment for a new residential development or new residential use where such denial is based in whole or in part on an applicant’s failure or refusal to submit an unreasonable proffer or proffer condition amendment.C\n\nNotwithstanding any other provision of law, general or special, as used in this chapter, a proffer, or proffer condition amendment, whether onsite or offsite, offered voluntarily pursuant to \u00a7 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1, shall be deemed unreasonable unless:1\n\nIt addresses an impact that is specifically attributable to a proposed new residential development or other new residential use applied for; and2\n\nIf an offsite proffer, it addresses an impact to an offsite public facility, such that (i) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment and (ii) each such new residential development or new residential use applied for receives a direct and material benefit from a proffer made with respect to any such public facility improvements. A locality may base its assessment of public facility capacity on the projected impacts specifically attributable to the new residential development or new residential use.D\n\nNotwithstanding the provisions of subsection C:1\n\nAn applicant or owner may, at the time of filing an application pursuant to this section or during the development review process, submit any onsite or offsite proffer that the owner and applicant deem reasonable and appropriate, as conclusively evidenced by the signed proffers.2\n\nFailure to submit proffers as set forth in subdivision 1 shall not be a basis for the denial of any rezoning or proffer condition amendment application.E\n\nNotwithstanding any other provision of law, general or special:1\n\nActions brought to contest the action of a local governing body in violation of this section shall be brought only by the aggrieved applicant or the owner of the property subject to a rezoning or proffer condition amendment pursuant to subsection F of § 15.2-2285, provided that the applicant objected in writing to the governing body regarding a proposed condition prior to the governing body’s grant or denial of the rezoning application.2\n\nIn any action in which a local governing body has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit an unreasonable proffer or proffer condition amendment that was requested in writing by the local governing body in violation of this section, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial.3\n\nIn any successful action brought pursuant to this section contesting an action of a local governing body in violation of this section, the applicant may be entitled to an award of reasonable attorney fees and costs and to an order remanding the matter to the governing body with a direction to approve the rezoning or proffer condition amendment without the inclusion of any unreasonable proffer or to amend the proffer to bring it into compliance with this section. If the local governing body fails or refuses to approve the rezoning or proffer condition amendment, or fails or refuses to amend the proffer to bring it into compliance with this section, within a reasonable time not to exceed 90 days from the date of the court’s order to do so, the court shall enjoin the local governing body from interfering with the use of the property as applied for without the unreasonable proffer. Upon remand to the local governing body pursuant to this subsection, the requirements of § 15.2-2204 shall not apply.F\n\nThe provisions of this section shall not apply to any new residential development or new residential use occurring within any of the following areas: (i) an approved small area comprehensive plan in which the delineated area is designated as a revitalization area, encompasses mass transit as defined in § 33.2-100, includes mixed use development, and allows a density of at least 3.0 floor area ratio in a portion thereof; (ii) an approved small area comprehensive plan that encompasses an existing or planned Metrorail station, or is adjacent to a Metrorail station located in a neighboring locality, and allows additional density within the vicinity of such existing or planned station; or (iii) an approved service district created pursuant to § 15.2-2400 that encompasses an existing or planned Metrorail station.G\n\nThis section shall be construed as supplementary to any existing provisions limiting or curtailing proffers or proffer condition amendments for new residential development or new residential use that are consistent with its terms and shall be construed to supersede any existing statutory provision with respect to proffers or proffer condition amendments for new residential development or new residential use that are inconsistent with its terms.H\n\nNotwithstanding any provision in this section to the contrary, nothing contained herein shall be deemed or interpreted to prohibit or to require communications between an applicant or owner and the locality. The applicant, owner, and locality may engage in pre-filing and post-filing discussions regarding the potential impacts of a proposed new residential development or new residential use on public facilities as defined in subsection A and on other public facilities of the locality, and potential voluntary onsite or offsite proffers, permitted under subsections C and D, that might address those impacts. Such verbal discussions shall not be used as the basis that an unreasonable proffer or proffer condition amendment was required by the locality. Furthermore, notwithstanding any provision in this section to the contrary, nothing contained herein shall be deemed or interpreted to prohibit or to require presentation, analysis, or discussion of the potential impacts of new residential development or new residential use on the locality’s public facilities.","order_by":null,"text":{"0":{"id":281808,"text":"For purposes of this section, unless the context requires a different meaning:\n\t\t\t“New residential development” means any construction or building expansion on residentially zoned property, including a residential component of a mixed-use development, that results in either one or more additional residential dwelling units or, otherwise, fewer residential dwelling units, beyond what may be permitted by right under the then-existing zoning of the property, when such new residential development requires a rezoning or proffer condition amendment.\n\t\t\t“New residential use” means any use of residentially zoned property that requires a rezoning or that requires a proffer condition amendment to allow for new residential development.\n\t\t\t“Offsite proffer” means a proffer addressing an impact outside the boundaries of the property to be developed and shall include all cash proffers.\n\t\t\t“Onsite proffer” means a proffer addressing an impact within the boundaries of the property to be developed and shall not include any cash proffers.\n\t\t\t“Proffer condition amendment” means an amendment to an existing proffer statement applicable to a property or properties.\n\t\t\t“Public facilities” means public transportation facilities, public safety facilities, public school facilities, or public parks.\n\t\t\t“Public facility improvement” means an offsite public transportation facility improvement, a public safety facility improvement, a public school facility improvement, or an improvement to or construction of a public park. No public facility improvement shall include any operating expense of an existing public facility, such as ordinary maintenance or repair, or any capital improvement to an existing public facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility. For purposes of this section, the term “public park” shall include playgrounds and other recreational facilities.\n\t\t\t“Public safety facility improvement” means construction of new law-enforcement, fire, emergency medical, and rescue facilities or expansion of existing public safety facilities, to include all buildings, structures, parking, and other costs directly related thereto.\n\t\t\t“Public school facility improvement” means construction of new primary and secondary public schools or expansion of existing primary and secondary public schools, to include all buildings, structures, parking, and other costs directly related thereto.\n\t\t\t“Public transportation facility improvement” means (i) construction of new roads; (ii) improvement or expansion of existing roads and related appurtenances as required by applicable standards of the Virginia Department of Transportation, or the applicable standards of a locality; and (iii) construction, improvement, or expansion of buildings, structures, parking, and other facilities directly related to transit.\n\t\t\t“Residentially zoned property” means property zoned or proposed to be zoned for either single-family or multifamily housing.\n\t\t\t“Small area comprehensive plan” means that portion of a comprehensive plan adopted pursuant to § 15.2-2223 that is specifically applicable to a delineated area within a locality rather than the locality as a whole.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":281809,"text":"Notwithstanding any other provision of law, general or special, no local governing body shall (i) require any unreasonable proffer, as described in subsection C, in connection with a rezoning or a proffer condition amendment as a condition of approval of a new residential development or new residential use or (ii) deny any rezoning application or proffer condition amendment for a new residential development or new residential use where such denial is based in whole or in part on an applicant’s failure or refusal to submit an unreasonable proffer or proffer condition amendment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":281810,"text":"Notwithstanding any other provision of law, general or special, as used in this chapter, a proffer, or proffer condition amendment, whether onsite or offsite, offered voluntarily pursuant to \u00a7 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1, shall be deemed unreasonable unless:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":281811,"text":"It addresses an impact that is specifically attributable to a proposed new residential development or other new residential use applied for; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":281812,"text":"If an offsite proffer, it addresses an impact to an offsite public facility, such that (i) the new residential development or new residential use creates a need, or an identifiable portion of a need, for one or more public facility improvements in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment and (ii) each such new residential development or new residential use applied for receives a direct and material benefit from a proffer made with respect to any such public facility improvements. A locality may base its assessment of public facility capacity on the projected impacts specifically attributable to the new residential development or new residential use.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":281813,"text":"Notwithstanding the provisions of subsection C:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"D1"},"6":{"id":281814,"text":"An applicant or owner may, at the time of filing an application pursuant to this section or during the development review process, submit any onsite or offsite proffer that the owner and applicant deem reasonable and appropriate, as conclusively evidenced by the signed proffers.","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"7":{"id":281815,"text":"Failure to submit proffers as set forth in subdivision 1 shall not be a basis for the denial of any rezoning or proffer condition amendment application.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"8":{"id":281816,"text":"Notwithstanding any other provision of law, general or special:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"E1"},"9":{"id":281817,"text":"Actions brought to contest the action of a local governing body in violation of this section shall be brought only by the aggrieved applicant or the owner of the property subject to a rezoning or proffer condition amendment pursuant to subsection F of § 15.2-2285, provided that the applicant objected in writing to the governing body regarding a proposed condition prior to the governing body’s grant or denial of the rezoning application.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"10":{"id":281818,"text":"In any action in which a local governing body has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence that it refused or failed to submit an unreasonable proffer or proffer condition amendment that was requested in writing by the local governing body in violation of this section, the court shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"11":{"id":281819,"text":"In any successful action brought pursuant to this section contesting an action of a local governing body in violation of this section, the applicant may be entitled to an award of reasonable attorney fees and costs and to an order remanding the matter to the governing body with a direction to approve the rezoning or proffer condition amendment without the inclusion of any unreasonable proffer or to amend the proffer to bring it into compliance with this section. If the local governing body fails or refuses to approve the rezoning or proffer condition amendment, or fails or refuses to amend the proffer to bring it into compliance with this section, within a reasonable time not to exceed 90 days from the date of the court’s order to do so, the court shall enjoin the local governing body from interfering with the use of the property as applied for without the unreasonable proffer. Upon remand to the local governing body pursuant to this subsection, the requirements of § 15.2-2204 shall not apply.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"12":{"id":281820,"text":"The provisions of this section shall not apply to any new residential development or new residential use occurring within any of the following areas: (i) an approved small area comprehensive plan in which the delineated area is designated as a revitalization area, encompasses mass transit as defined in § 33.2-100, includes mixed use development, and allows a density of at least 3.0 floor area ratio in a portion thereof; (ii) an approved small area comprehensive plan that encompasses an existing or planned Metrorail station, or is adjacent to a Metrorail station located in a neighboring locality, and allows additional density within the vicinity of such existing or planned station; or (iii) an approved service district created pursuant to § 15.2-2400 that encompasses an existing or planned Metrorail station.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"G"},"13":{"id":281821,"text":"This section shall be construed as supplementary to any existing provisions limiting or curtailing proffers or proffer condition amendments for new residential development or new residential use that are consistent with its terms and shall be construed to supersede any existing statutory provision with respect to proffers or proffer condition amendments for new residential development or new residential use that are inconsistent with its terms.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"14":{"id":281822,"text":"Notwithstanding any provision in this section to the contrary, nothing contained herein shall be deemed or interpreted to prohibit or to require communications between an applicant or owner and the locality. The applicant, owner, and locality may engage in pre-filing and post-filing discussions regarding the potential impacts of a proposed new residential development or new residential use on public facilities as defined in subsection A and on other public facilities of the locality, and potential voluntary onsite or offsite proffers, permitted under subsections C and D, that might address those impacts. Such verbal discussions shall not be used as the basis that an unreasonable proffer or proffer condition amendment was required by the locality. Furthermore, notwithstanding any provision in this section to the contrary, nothing contained herein shall be deemed or interpreted to prohibit or to require presentation, analysis, or discussion of the potential impacts of new residential development or new residential use on the locality’s public facilities.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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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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; 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This law was first created in 2016. The record of its establishment is cataloged in chapter 322<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2019, chapters 129<\/a> and 245<\/a>.<\/p>","references":false,"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":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":62867,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; appeal","order_by":null,"url":"\/15.2-2285\/"},{"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\/"},{"id":81415,"section_number":"15.2-2400","catch_line":"Creation of service districts","order_by":null,"url":"\/15.2-2400\/"},{"id":63006,"section_number":"33.2-100","catch_line":"Definitions","order_by":null,"url":"\/33.2-100\/"}],"permalink":{"id":155407,"object_type":"law","relational_id":78647,"identifier":"15.2-2303.4","token":"15.2\/II\/22\/7\/15.2-2303.4","url":"\/15.2-2303.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2303.4\/","token":"15.2\/II\/22\/7\/15.2-2303.4","dublin_core":{"Title":"Provisions applicable to certain conditional rezoning proffers","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2303.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section, unless the context requires a different meaning:\n\t\t\t“New residential development<\/span>” means any construction or building expansion on residentially zoned property<\/span>, including a residential component of a mixed-use development, that results in either one or more additional residential dwelling units or, otherwise, fewer residential dwelling units, beyond what may be permitted by right under the then-existing zoning<\/span> of the property, when such new residential development<\/span> requires a rezoning or proffer condition amendment<\/span>.\n\t\t\t“New residential use<\/span>” means any use of residentially zoned property<\/span> that requires a rezoning or that requires a proffer condition amendment<\/span> to allow for new residential development<\/span>.\n\t\t\t“Offsite proffer<\/span>” means a proffer addressing an impact outside the boundaries of the property to be developed and shall include all cash proffers.\n\t\t\t“Onsite proffer<\/span>” means a proffer addressing an impact within the boundaries of the property to be developed and shall not include any cash proffers.\n\t\t\t“Proffer condition amendment<\/span>” means an amendment to an existing proffer statement applicable to a property or properties.\n\t\t\t“Public facilities<\/span>” means public transportation facilities, public safety facilities, public school facilities, or public parks<\/span>.\n\t\t\t“Public facility improvement<\/span>” means an offsite public transportation facility improvement<\/span>, a public safety facility improvement<\/span>, a public school facility improvement<\/span>, or an improvement to or construction of a public park<\/span>. No public facility improvement<\/span> shall include any operating expense of an existing public facility, such as ordinary maintenance or repair, or any capital improvement to an existing public facility, such as a renovation or technology upgrade, that does not expand the capacity of such facility. For purposes of this section, the term “public park<\/span>” shall include playgrounds and other recreational facilities.\n\t\t\t“Public safety facility improvement<\/span>” means construction of new law<\/span>-enforcement, fire, emergency medical, and rescue facilities or expansion of existing public safety facilities, to include all buildings, structures, parking, and other costs directly related thereto.\n\t\t\t“Public school facility improvement<\/span>” means construction of new primary and secondary public schools or expansion of existing primary and secondary public schools, to include all buildings, structures, parking, and other costs directly related thereto.\n\t\t\t“Public transportation facility improvement<\/span>” means (i) construction of new roads; (ii) improvement or expansion of existing roads and related appurtenances as required by applicable standards of the Virginia Department of Transportation, or the applicable standards of a locality<\/span>; and (iii) construction, improvement, or expansion of buildings, structures, parking, and other facilities directly related to transit.\n\t\t\t“Residentially zoned property<\/span>” means property zoned or proposed to be zoned for either single-family or multifamily housing.\n\t\t\t“Small area comprehensive plan<\/span>” means that portion of a comprehensive plan adopted pursuant to § 15.2-2223<\/a> that is specifically applicable to a delineated area within a locality<\/span> rather than the locality<\/span> as a whole. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding any other provision of law<\/span>, general or special, no local governing body<\/span> shall (i) require any unreasonable proffer, as described in subsection C, in connection with a rezoning or a proffer condition amendment<\/span> as a condition of approval of a new residential development<\/span> or new residential use<\/span> or (ii) deny any rezoning application or proffer condition amendment<\/span> for a new residential development<\/span> or new residential use<\/span> where such denial is based in whole or in part on an applicant’s failure or refusal to submit an unreasonable proffer or proffer condition amendment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provision of law<\/span>, general or special, as used in this chapter, a proffer, or proffer condition amendment<\/span>, whether onsite or offsite, offered voluntarily pursuant to \u00a7 15.2-2297<\/a>, 15.2-2298<\/a>, 15.2-2303<\/a>, or 15.2-2303.1<\/a>, shall be deemed unreasonable unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> It addresses an impact that is specifically attributable to a proposed new residential development<\/span> or other new residential use<\/span> applied for; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If an offsite proffer<\/span>, it addresses an impact to an offsite public facility, such that (i) the new residential development<\/span> or new residential use<\/span> creates a need, or an identifiable portion of a need, for one or more public facility improvements<\/span> in excess of existing public facility capacity at the time of the rezoning or proffer condition amendment<\/span> and (ii) each such new residential development<\/span> or new residential use<\/span> applied for receives a direct and material<\/span> benefit from a proffer made with respect to any such public facility improvements<\/span>. A locality<\/span> may base its assessment of public facility capacity on the projected impacts specifically attributable to the new residential development<\/span> or new residential use<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding the provisions of subsection C: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> An applicant or owner may, at the time of filing an application pursuant to this section or during the development review process, submit any onsite or offsite proffer<\/span> that the owner and applicant deem reasonable and appropriate, as conclusively evidenced by the signed proffers. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Failure to submit proffers as set forth in subdivision 1 shall not be a basis for the denial of any rezoning or proffer condition amendment<\/span> application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding any other provision of law<\/span>, general or special: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Actions brought to contest the action of a local governing body<\/span> in violation of this section shall be brought only by the aggrieved applicant or the owner of the property subject to a rezoning or proffer condition amendment<\/span> pursuant to subsection F of § 15.2-2285<\/a>, provided that the applicant objected in writing to the governing body<\/span> regarding a proposed condition prior to the governing body<\/span>’s grant or denial of the rezoning application. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In any action in which a local governing body<\/span> has denied a rezoning or an amendment to an existing proffer and the aggrieved applicant proves by a preponderance of the evidence<\/span> that it refused or failed to submit an unreasonable proffer or proffer condition amendment<\/span> that was requested in writing by the local governing body<\/span> in violation of this section, the court<\/span> shall presume, absent clear and convincing evidence to the contrary, that such refusal or failure was the controlling basis for the denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In any successful action brought pursuant to this section contesting an action of a local governing body<\/span> in violation of this section, the applicant may be entitled to an award of reasonable attorney fees and costs and to an order<\/span> remanding the matter to the governing body<\/span> with a direction to approve the rezoning or proffer condition amendment<\/span> without the inclusion of any unreasonable proffer or to amend<\/span> the proffer to bring it into compliance with this section. If the local governing body<\/span> fails or refuses to approve the rezoning or proffer condition amendment<\/span>, or fails or refuses to amend<\/span> the proffer to bring it into compliance with this section, within a reasonable time not to exceed 90 days from the date of the court<\/span>’s order<\/span> to do so, the court<\/span> shall enjoin the local governing body<\/span> from interfering with the use of the property as applied for without the unreasonable proffer. Upon remand<\/span> to the local governing body<\/span> pursuant to this subsection, the requirements of § 15.2-2204<\/a> shall not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The provisions of this section shall not apply to any new residential development<\/span> or new residential use<\/span> occurring within any of the following areas: (i) an approved small area comprehensive plan<\/span> in which the delineated area is designated as a revitalization area, encompasses mass transit as defined in § 33.2-100<\/a>, includes mixed use development<\/span>, and allows a density of at least 3.0 floor area ratio in a portion thereof; (ii) an approved small area comprehensive plan<\/span> that encompasses an existing or planned Metrorail station, or is adjacent to a Metrorail station located in a neighboring locality<\/span>, and allows additional density within the vicinity of such existing or planned station; or (iii) an approved service district created pursuant to § 15.2-2400<\/a> that encompasses an existing or planned Metrorail station. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> This section shall be construed as supplementary to any existing provisions limiting or curtailing proffers or proffer condition amendments<\/span> for new residential development<\/span> or new residential use<\/span> that are consistent with its terms and shall be construed to supersede any existing statutory provision with respect to proffers or proffer condition amendments<\/span> for new residential development<\/span> or new residential use<\/span> that are inconsistent with its terms. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Notwithstanding any provision in this section to the contrary, nothing contained herein shall be deemed or interpreted to prohibit or to require communications between an applicant or owner and the locality<\/span>. The applicant, owner, and locality<\/span> may engage in pre-filing and post-filing discussions regarding the potential impacts of a proposed new residential development<\/span> or new residential use<\/span> on public facilities<\/span> as defined in subsection A and on other public facilities<\/span> of the locality<\/span>, and potential voluntary onsite or offsite proffers<\/span>, permitted under subsections C and D, that might address those impacts. Such verbal discussions shall not be used as the basis that an unreasonable proffer or proffer condition amendment<\/span> was required by the locality<\/span>. Furthermore, notwithstanding any provision in this section to the contrary, nothing contained herein shall be deemed or interpreted to prohibit or to require presentation, analysis, or discussion of the potential impacts of new residential development<\/span> or new residential use<\/span> on the locality<\/span>’s public facilities<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROVISIONS APPLICABLE TO CERTAIN CONDITIONAL REZONING PROFFERS (\u00a7 15.2-2303.4)\n\nA. For purposes of this section, unless the context requires a different\nmeaning:\n\t\t\t“New residential development” means any construction or building\nexpansion on residentially zoned property, including a residential component of\na mixed-use development, that results in either one or more additional\nresidential dwelling units or, otherwise, fewer residential dwelling units,\nbeyond what may be permitted by right under the then-existing zoning of the\nproperty, when such new residential development requires a rezoning or proffer\ncondition amendment.\n\t\t\t“New residential use” means any use of residentially zoned\nproperty that requires a rezoning or that requires a proffer condition amendment\nto allow for new residential development.\n\t\t\t“Offsite proffer” means a proffer addressing an impact outside\nthe boundaries of the property to be developed and shall include all cash\nproffers.\n\t\t\t“Onsite proffer” means a proffer addressing an impact within the\nboundaries of the property to be developed and shall not include any cash\nproffers.\n\t\t\t“Proffer condition amendment” means an amendment to an existing\nproffer statement applicable to a property or properties.\n\t\t\t“Public facilities” means public transportation facilities,\npublic safety facilities, public school facilities, or public parks.\n\t\t\t“Public facility improvement” means an offsite public\ntransportation facility improvement, a public safety facility improvement, a\npublic school facility improvement, or an improvement to or construction of a\npublic park. No public facility improvement shall include any operating expense\nof an existing public facility, such as ordinary maintenance or repair, or any\ncapital improvement to an existing public facility, such as a renovation or\ntechnology upgrade, that does not expand the capacity of such facility. For\npurposes of this section, the term “public park” shall include\nplaygrounds and other recreational facilities.\n\t\t\t“Public safety facility improvement” means construction of new\nlaw-enforcement, fire, emergency medical, and rescue facilities or expansion of\nexisting public safety facilities, to include all buildings, structures,\nparking, and other costs directly related thereto.\n\t\t\t“Public school facility improvement” means construction of new\nprimary and secondary public schools or expansion of existing primary and\nsecondary public schools, to include all buildings, structures, parking, and\nother costs directly related thereto.\n\t\t\t“Public transportation facility improvement” means (i)\nconstruction of new roads; (ii) improvement or expansion of existing roads and\nrelated appurtenances as required by applicable standards of the Virginia\nDepartment of Transportation, or the applicable standards of a locality; and\n(iii) construction, improvement, or expansion of buildings, structures, parking,\nand other facilities directly related to transit.\n\t\t\t“Residentially zoned property” means property zoned or proposed\nto be zoned for either single-family or multifamily housing.\n\t\t\t“Small area comprehensive plan” means that portion of a\ncomprehensive plan adopted pursuant to § 15.2-2223 that is specifically\napplicable to a delineated area within a locality rather than the locality as a\nwhole.\n\nB. Notwithstanding any other provision of law, general or special, no local\ngoverning body shall (i) require any unreasonable proffer, as described in\nsubsection C, in connection with a rezoning or a proffer condition amendment as\na condition of approval of a new residential development or new residential use\nor (ii) deny any rezoning application or proffer condition amendment for a new\nresidential development or new residential use where such denial is based in\nwhole or in part on an applicant’s failure or refusal to submit an\nunreasonable proffer or proffer condition amendment.\n\nC. Notwithstanding any other provision of law, general or special, as used in\nthis chapter, a proffer, or proffer condition amendment, whether onsite or\noffsite, offered voluntarily pursuant to \u00a7 15.2-2297, 15.2-2298, 15.2-2303, or\n15.2-2303.1, shall be deemed unreasonable unless:\n\n 1. It addresses an impact that is specifically attributable to a proposed new\n residential development or other new residential use applied for; and\n\n 2. If an offsite proffer, it addresses an impact to an offsite public\n facility, such that (i) the new residential development or new residential use\n creates a need, or an identifiable portion of a need, for one or more public\n facility improvements in excess of existing public facility capacity at the\n time of the rezoning or proffer condition amendment and (ii) each such new\n residential development or new residential use applied for receives a direct\n and material benefit from a proffer made with respect to any such public\n facility improvements. A locality may base its assessment of public facility\n capacity on the projected impacts specifically attributable to the new\n residential development or new residential use.\n\nD. Notwithstanding the provisions of subsection C:\n\n 1. An applicant or owner may, at the time of filing an application pursuant to\n this section or during the development review process, submit any onsite or\n offsite proffer that the owner and applicant deem reasonable and appropriate,\n as conclusively evidenced by the signed proffers.\n\n 2. Failure to submit proffers as set forth in subdivision 1 shall not be a\n basis for the denial of any rezoning or proffer condition amendment\n application.\n\nE. Notwithstanding any other provision of law, general or special:\n\n 1. Actions brought to contest the action of a local governing body in\n violation of this section shall be brought only by the aggrieved applicant or\n the owner of the property subject to a rezoning or proffer condition amendment\n pursuant to subsection F of § 15.2-2285, provided that the applicant\n objected in writing to the governing body regarding a proposed condition prior\n to the governing body’s grant or denial of the rezoning application.\n\n 2. In any action in which a local governing body has denied a rezoning or an\n amendment to an existing proffer and the aggrieved applicant proves by a\n preponderance of the evidence that it refused or failed to submit an\n unreasonable proffer or proffer condition amendment that was requested in\n writing by the local governing body in violation of this section, the court\n shall presume, absent clear and convincing evidence to the contrary, that such\n refusal or failure was the controlling basis for the denial.\n\n 3. In any successful action brought pursuant to this section contesting an\n action of a local governing body in violation of this section, the applicant\n may be entitled to an award of reasonable attorney fees and costs and to an\n order remanding the matter to the governing body with a direction to approve\n the rezoning or proffer condition amendment without the inclusion of any\n unreasonable proffer or to amend the proffer to bring it into compliance with\n this section. If the local governing body fails or refuses to approve the\n rezoning or proffer condition amendment, or fails or refuses to amend the\n proffer to bring it into compliance with this section, within a reasonable\n time not to exceed 90 days from the date of the court’s order to do so,\n the court shall enjoin the local governing body from interfering with the use\n of the property as applied for without the unreasonable proffer. Upon remand\n to the local governing body pursuant to this subsection, the requirements of\n § 15.2-2204 shall not apply.\n\nF. The provisions of this section shall not apply to any new residential\ndevelopment or new residential use occurring within any of the following areas:\n(i) an approved small area comprehensive plan in which the delineated area is\ndesignated as a revitalization area, encompasses mass transit as defined in\n§ 33.2-100, includes mixed use development, and allows a density of at\nleast 3.0 floor area ratio in a portion thereof; (ii) an approved small area\ncomprehensive plan that encompasses an existing or planned Metrorail station, or\nis adjacent to a Metrorail station located in a neighboring locality, and allows\nadditional density within the vicinity of such existing or planned station; or\n(iii) an approved service district created pursuant to § 15.2-2400 that\nencompasses an existing or planned Metrorail station.\n\nG. This section shall be construed as supplementary to any existing provisions\nlimiting or curtailing proffers or proffer condition amendments for new\nresidential development or new residential use that are consistent with its\nterms and shall be construed to supersede any existing statutory provision with\nrespect to proffers or proffer condition amendments for new residential\ndevelopment or new residential use that are inconsistent with its terms.\n\nH. Notwithstanding any provision in this section to the contrary, nothing\ncontained herein shall be deemed or interpreted to prohibit or to require\ncommunications between an applicant or owner and the locality. The applicant,\nowner, and locality may engage in pre-filing and post-filing discussions\nregarding the potential impacts of a proposed new residential development or new\nresidential use on public facilities as defined in subsection A and on other\npublic facilities of the locality, and potential voluntary onsite or offsite\nproffers, permitted under subsections C and D, that might address those impacts.\nSuch verbal discussions shall not be used as the basis that an unreasonable\nproffer or proffer condition amendment was required by the locality.\nFurthermore, notwithstanding any provision in this section to the contrary,\nnothing contained herein shall be deemed or interpreted to prohibit or to\nrequire presentation, analysis, or discussion of the potential impacts of new\nresidential development or new residential use on the locality’s public\nfacilities.\n\nHISTORY: 2016, c. 322; 2019, cc. 129, 245.","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}}