{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2303.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2303.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2303.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2303.html"}],"law_id":71508,"edition_id":1,"section_id":71508,"structure_id":12775,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","history":"Code 1950, \u00a7 15-968.5; 1962, c. 407, \u00a7 15.1-491; 1964, c. 564; 1966, c. 455; 1968, cc. 543, 595; 1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579, 582, 641; 1976, cc. 71, 409, 470, 683; 1977, c. 177; 1978, c. 543; 1979, c. 182; 1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481, 856; 1989, cc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c. 802; 1995, cc. 351, 475, 584, 603; 1996, c. 451; 1997, c. 587; 2001, c. 703; 2006, c. 450; 2008, c. 733.","full_text":"A\n\nA zoning ordinance may include reasonable regulations and provisions for conditional zoning as defined in § 15.2-2201 and for the adoption, in counties, or towns therein which have planning commissions, wherein the urban county executive form of government is in effect, or in a city adjacent to or completely surrounded by such a county, or in a county contiguous to any such county, or in a city adjacent to or completely surrounded by such a contiguous county, or in any town within such contiguous county, and in the counties east of the Chesapeake Bay as a part of an amendment to the zoning map of reasonable conditions, in addition to the regulations provided for the zoning district by the ordinance, when such conditions shall have been proffered in writing, in advance of the public hearing before the governing body required by § 15.2-2285 by the owner of the property which is the subject of the proposed zoning map amendment. Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to 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. 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, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions. However, such 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 substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment 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 substantial cash payments for 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. Such 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 such 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. Any 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 subdivision shall acquire no rights pursuant to this section.D\n\nSubsections 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.E\n\nNothing in this section shall be construed to affect or impair the authority of a governing body to (i) accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or (ii) accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286, subdivision 5 of § 15.2-2242, or other provision of law.F\n\nIn any instance in which a locality has accepted proffered conditions that include pedestrian improvements, and the Virginia Department of Transportation has reviewed and not objected to the proposed pedestrian improvements during the processing of the rezoning, the Virginia Department of Transportation shall allow the proffered improvements to be constructed, except when such improvements will violate local, state, or federal laws, regulations, or mandated engineering and safety standards.G\n\nIn addition to the powers granted by the preceding subsections, a zoning ordinance may include reasonable regulations to implement, in whole or in part, the provisions of §§ 15.2-2296 through 15.2-2302.","order_by":null,"text":{"0":{"id":257769,"text":"A zoning ordinance may include reasonable regulations and provisions for conditional zoning as defined in § 15.2-2201 and for the adoption, in counties, or towns therein which have planning commissions, wherein the urban county executive form of government is in effect, or in a city adjacent to or completely surrounded by such a county, or in a county contiguous to any such county, or in a city adjacent to or completely surrounded by such a contiguous county, or in any town within such contiguous county, and in the counties east of the Chesapeake Bay as a part of an amendment to the zoning map of reasonable conditions, in addition to the regulations provided for the zoning district by the ordinance, when such conditions shall have been proffered in writing, in advance of the public hearing before the governing body required by § 15.2-2285 by the owner of the property which is the subject of the proposed zoning map amendment. Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to 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. 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, such conditions shall continue in effect until a subsequent amendment changes the zoning on the property covered by such conditions. However, such 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":257770,"text":"In the event proffered conditions include a requirement for the dedication of real property of substantial value, or substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment 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":257771,"text":"Any landowner who has prior to July 1, 1990, proffered the dedication of real property of substantial value, or substantial cash payments for 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. Such 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 such 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. Any 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 subdivision 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":257772,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":257773,"text":"Nothing in this section shall be construed to affect or impair the authority of a governing body to (i) accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or (ii) accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286, subdivision 5 of § 15.2-2242, or other provision of law.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":257774,"text":"In any instance in which a locality has accepted proffered conditions that include pedestrian improvements, and the Virginia Department of Transportation has reviewed and not objected to the proposed pedestrian improvements during the processing of the rezoning, the Virginia Department of Transportation shall allow the proffered improvements to be constructed, except when such improvements will violate local, state, or federal laws, regulations, or mandated engineering and safety standards.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":257775,"text":"In addition to the powers granted by the preceding subsections, a zoning ordinance may include reasonable regulations to implement, in whole or in part, the provisions of §§ 15.2-2296 through 15.2-2302.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2303\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 27 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 407; in 1964, chapter 564; in 1966, chapter 455; in 1968, chapters 543 and 595; in 1973, chapter 286; in 1974, chapter 547; in 1975, chapters 99, 575, 579, 582, and 641; in 1976, chapters 71, 409, 470, and 683; in 1977, chapter 177; in 1978, chapter 543; in 1979, chapter 182; in 1982, chapter 44; in 1983, chapter 392; in 1984, chapter 238; in 1987, chapter 8; in 1988, chapters 481 and 856; in 1989, chapters 359 and 384; in 1990, chapters 672 and 868; in 1992, chapter 380; in 1993, chapter 672; in 1994, chapter 802<\/a>; in 1995, chapters 351<\/a>, 475<\/a>, 584<\/a>, and 603<\/a>; in 1996, chapter 451<\/a>; in 1997, chapter 587<\/a>; in 2001, chapter 703<\/a>; in 2006, chapter 450<\/a>; in 2008, chapter 733<\/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":55314,"section_number":"15.2-2242","catch_line":"Optional provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2242\/"},{"id":70475,"section_number":"15.2-2261.1","catch_line":"Recorded plat or final site plans; conflicting zoning conditions","order_by":null,"url":"\/15.2-2261.1\/"},{"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":69744,"section_number":"15.2-2303.1:1","catch_line":"When certain cash proffers collected or accepted","order_by":null,"url":"\/15.2-2303.1_1\/"},{"id":72559,"section_number":"15.2-2303.2","catch_line":"Proffered cash payments and expenditures","order_by":null,"url":"\/15.2-2303.2\/"},{"id":67823,"section_number":"15.2-2303.3","catch_line":"Cash proffers requested or accepted by a locality","order_by":null,"url":"\/15.2-2303.3\/"},{"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\/"},{"id":75841,"section_number":"15.2-3400","catch_line":"Voluntary settlements among local governments","order_by":null,"url":"\/15.2-3400\/"},{"id":62789,"section_number":"36-139.9","catch_line":"Local housing policy; report to Department","order_by":null,"url":"\/36-139.9\/"}],"refers_to":[{"id":77758,"section_number":"15.2-2201","catch_line":"Definitions","order_by":null,"url":"\/15.2-2201\/"},{"id":81439,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2241\/"},{"id":55314,"section_number":"15.2-2242","catch_line":"Optional provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2242\/"},{"id":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":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":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":74154,"section_number":"15.2-2302","catch_line":"Same; amendments and variations of conditions","order_by":null,"url":"\/15.2-2302\/"},{"id":65321,"section_number":"55.1-1800","catch_line":"Definitions","order_by":null,"url":"\/55.1-1800\/"}],"permalink":{"id":155387,"object_type":"law","relational_id":71508,"identifier":"15.2-2303","token":"15.2\/II\/22\/7\/15.2-2303","url":"\/15.2-2303\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2303\/","token":"15.2\/II\/22\/7\/15.2-2303","dublin_core":{"Title":"Conditional zoning in certain localities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2303","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A zoning<\/span> ordinance<\/span> may include reasonable regulations and provisions for conditional zoning<\/span> as defined in § 15.2-2201<\/a> and for the adoption, in counties, or towns<\/span> therein which have planning commissions, wherein the urban county<\/span> executive form of government is in effect, or in a city<\/span> adjacent to or completely surrounded by such a county<\/span>, or in a county<\/span> contiguous to any such county<\/span>, or in a city<\/span> adjacent to or completely surrounded by such a contiguous county<\/span>, or in any town<\/span> within such contiguous county<\/span>, and in the counties east of the Chesapeake Bay as a part of an amendment to the zoning<\/span> map of reasonable conditions, in addition to the regulations provided for the zoning<\/span> district by the ordinance<\/span>, when such conditions shall have been proffered in writing, in advance of the public hearing<\/span> before the governing body<\/span> required by § 15.2-2285<\/a> by the owner of the property which is the subject of the proposed zoning<\/span> map amendment. Reasonable conditions shall not include, however, conditions that impose upon the applicant the requirement to 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. 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>, such conditions shall continue in effect until a subsequent amendment changes the zoning<\/span> on the property covered by such conditions. However, such 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 substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the rezoning itself, then no amendment 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 substantial cash payments for 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. Such 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 such 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. Any 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 subdivision shall acquire no rights pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall be construed to affect or impair the authority of a governing body<\/span> to (i) accept proffered conditions which include provisions for timing or phasing of dedications, payments, or improvements; or (ii) accept or impose valid conditions pursuant to subdivision A 3 of § 15.2-2286<\/a>, subdivision 5 of § 15.2-2242<\/a>, or other provision of law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In any instance in which a locality<\/span> has accepted proffered conditions that include pedestrian improvements, and the Virginia Department of Transportation has reviewed and not objected to the proposed pedestrian improvements during the processing of the rezoning, the Virginia Department of Transportation shall allow the proffered improvements to be constructed, except when such improvements will violate local, state, or federal laws<\/span>, regulations, or mandated engineering and safety standards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In addition to the powers granted by the preceding subsections, a zoning<\/span> ordinance<\/span> may include reasonable regulations to implement, in whole or in part, the provisions of §§ 15.2-2296<\/a> through 15.2-2302<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDITIONAL ZONING IN CERTAIN LOCALITIES (\u00a7 15.2-2303)\n\nA. A zoning ordinance may include reasonable regulations and provisions for\nconditional zoning as defined in § 15.2-2201 and for the adoption, in\ncounties, or towns therein which have planning commissions, wherein the urban\ncounty executive form of government is in effect, or in a city adjacent to or\ncompletely surrounded by such a county, or in a county contiguous to any such\ncounty, or in a city adjacent to or completely surrounded by such a contiguous\ncounty, or in any town within such contiguous county, and in the counties east\nof the Chesapeake Bay as a part of an amendment to the zoning map of reasonable\nconditions, in addition to the regulations provided for the zoning district by\nthe ordinance, when such conditions shall have been proffered in writing, in\nadvance of the public hearing before the governing body required by §\n15.2-2285 by the owner of the property which is the subject of the proposed\nzoning map amendment. Reasonable conditions shall not include, however,\nconditions that impose upon the applicant the requirement to 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. The\ngoverning body may also accept amended proffers once the public hearing has\nbegun if the amended proffers do not materially affect the overall proposal.\nOnce proffered and accepted as part of an amendment to the zoning ordinance,\nsuch conditions shall continue in effect until a subsequent amendment changes\nthe zoning on the property covered by such conditions. However, such conditions\nshall continue if the subsequent amendment is part of a comprehensive\nimplementation of a new or substantially revised zoning ordinance.\n\nB. In the event proffered conditions include a requirement for the dedication of\nreal property of substantial value, or substantial cash payments for or\nconstruction of substantial public improvements, the need for which is not\ngenerated solely by the rezoning itself, then no amendment to the zoning map for\nthe property subject to such conditions, nor the conditions themselves, nor any\namendments to the text of the zoning ordinance with respect to the zoning\ndistrict applicable thereto initiated by the governing body, which eliminate, or\nmaterially restrict, reduce, or modify the uses, the floor area ratio, or the\ndensity of use permitted in the zoning district applicable to such property,\nshall be effective with respect to such property unless there has been mistake,\nfraud, or a change in circumstances substantially affecting the public health,\nsafety, or welfare.\n\nC. Any landowner who has prior to July 1, 1990, proffered the dedication of real\nproperty of substantial value, or substantial cash payments for or construction\nof substantial public improvements, the need for which is not generated solely\nby the rezoning itself, but who has not substantially implemented such proffers\nprior to July 1, 1990, shall advise the local governing body by certified mail\nprior to July 1, 1991, that he intends to proceed with the implementation of\nsuch proffers. Such notice shall identify the property to be developed, the\nzoning district, and the proffers applicable thereto. Thereafter, any landowner\ngiving such notice shall have until July 1, 1995, substantially to implement\nsuch proffers, or such later time as the governing body may allow. Thereafter,\nthe landowner in good faith shall diligently pursue the completion of the\ndevelopment of the property. Any landowner who complies with the requirements of\nthis subsection shall be entitled to the protection against action initiated by\nthe governing body affecting use, floor area ratio, and density set out in\nsubsection B, unless there has been mistake, fraud, or a change in circumstances\nsubstantially affecting the public health, safety, or welfare, but any landowner\nfailing to comply with the requirements of this subdivision shall acquire no\nrights pursuant to this section.\n\nD. Subsections B and C of this section shall be effective prospectively only,\nand not retroactively, and shall not apply to any zoning ordinance text\namendments which may have been enacted prior to March 10, 1990. Nothing\ncontained herein shall be construed to affect any litigation pending prior to\nJuly 1, 1990, or any such litigation nonsuited and thereafter refiled.\n\nE. Nothing in this section shall be construed to affect or impair the authority\nof a governing body to (i) accept proffered conditions which include provisions\nfor timing or phasing of dedications, payments, or improvements; or (ii) accept\nor impose valid conditions pursuant to subdivision A 3 of § 15.2-2286,\nsubdivision 5 of § 15.2-2242, or other provision of law.\n\nF. In any instance in which a locality has accepted proffered conditions that\ninclude pedestrian improvements, and the Virginia Department of Transportation\nhas reviewed and not objected to the proposed pedestrian improvements during the\nprocessing of the rezoning, the Virginia Department of Transportation shall\nallow the proffered improvements to be constructed, except when such\nimprovements will violate local, state, or federal laws, regulations, or\nmandated engineering and safety standards.\n\nG. In addition to the powers granted by the preceding subsections, a zoning\nordinance may include reasonable regulations to implement, in whole or in part,\nthe provisions of §§ 15.2-2296 through 15.2-2302.\n\nHISTORY: Code 1950, \u00a7 15-968.5; 1962, c. 407, \u00a7 15.1-491; 1964, c. 564; 1966,\nc. 455; 1968, cc. 543, 595; 1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579,\n582, 641; 1976, cc. 71, 409, 470, 683; 1977, c. 177; 1978, c. 543; 1979, c. 182;\n1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481, 856; 1989,\ncc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c. 802;\n1995, cc. 351, 475, 584, 603; 1996, c. 451; 1997, c. 587; 2001, c. 703; 2006, c.\n450; 2008, c. 733.","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}}