{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2306.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2306.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2306.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2306.html"}],"law_id":73526,"edition_id":1,"section_id":73526,"structure_id":12775,"section_number":"15.2-2306","catch_line":"Preservation of historical sites and architectural areas; civil penalty","history":"1973, c. 270, \u00a7 15.1-503.2; 1974, c. 90; 1975, cc. 98, 574, 575, 641; 1977, c. 473; 1987, c. 563; 1988, c. 700; 1989, c. 174; 1993, c. 770; 1996, c. 424; 1997, cc. 587, 676; 2009, c. 290; 2011, c. 237; 2012, c. 790; 2021, Sp. Sess. I, c. 531; 2023, cc. 148, 149; 2024, cc. 533, 752, 835.","full_text":"A\n\n1. Any locality may adopt an ordinance setting forth the historic landmarks within the locality as established by the Virginia Board of Historic Resources, and any other buildings or structures within the locality having an important historic, architectural, archaeological, or cultural interest, any historic areas within the locality as defined by \u00a7 15.2-2201, and areas of unique architectural value located within designated conservation, rehabilitation, or redevelopment districts, amending the existing zoning ordinance and delineating one or more historic districts, adjacent to such landmarks, buildings, and structures, or encompassing such areas, or encompassing parcels of land contiguous to arterial streets or highways (as designated pursuant to Title 33.2, including \u00a7 33.2-319 ) found by the governing body to be significant routes of tourist access to the locality or to designated historic landmarks, buildings, structures, or districts therein or in a contiguous locality. A governing body may provide in the ordinance that the applicant must submit documentation that any development in an area of the locality of known historical or archaeological significance will preserve or accommodate the historical or archaeological resources. The filing of the building permit or demolition application shall stay the locality from issuing any permit to raze or demolish the historic landmark, building, or structure until 30 days after the rendering of the final decision of the governing body of the locality. An amendment of the zoning ordinance and the establishment of a district or districts shall be in accordance with the provisions of Article 7 (\u00a7 15.2-2280 et seq.). The governing body may provide for a review board to administer the ordinance and may provide compensation to the board. The ordinance may include a provision that no building or structure, including signs, shall be erected, reconstructed, altered, or restored within any such district unless approved by the review board or, on appeal, by the governing body of the locality as being architecturally compatible with the historic landmarks, buildings, or structures therein.2\n\nSubject to the provisions of subdivision 3, the governing body may provide in the ordinance that no historic landmark, building, or structure within any district shall be razed, demolished, or moved until the razing, demolition, or moving thereof is approved by the review board or, on appeal, by the governing body after consultation with the review board.3\n\nThe governing body shall provide by ordinance for appeals to the circuit court for such locality from any final decision of the governing body pursuant to subdivisions 1 and 2 and shall specify therein the parties entitled to appeal the decisions, which parties shall have the right to appeal to the circuit court for review by filing a petition at law, setting forth the alleged illegality of the action of the governing body, provided that the petition is filed within 30 days after the final decision is rendered by the governing body. The filing of the petition shall stay the decision of the governing body pending the outcome of the appeal to the court, except that the filing of the petition shall not stay the decision of the governing body if the decision denies the right to raze or demolish a historic landmark, building, or structure. The court may reverse or modify the decision of the governing body, in whole or in part, if it finds upon review that the decision of the governing body is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the governing body.\n\t\t\t\tIn addition to the right of appeal hereinabove set forth, the owner of a historic landmark, building, or structure, the razing or demolition of which is subject to the provisions of subdivision 2, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that (i) he has applied to the governing body for such right, (ii) the owner has for the period of time set forth in the same schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell the landmark, building, or structure, and the land pertaining thereto, to the locality or to any person, firm, corporation, government, or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto, and (iii) no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building, or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained. Any appeal that may be taken to the court from the decision of the governing body, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one year after a final decision by the governing body, but thereafter the owner may renew his request to the governing body to approve the razing or demolition of the historic landmark, building, or structure. The time schedule for offers to sell shall be as follows: three months when the offering price is less than $25,000; four months when the offering price is $25,000 or more but less than $40,000; five months when the offering price is $40,000 or more but less than $55,000; six months when the offering price is $55,000 or more but less than $75,000; seven months when the offering price is $75,000 or more but less than $90,000; and 12 months when the offering price is $90,000 or more.4\n\nThe governing body is authorized to acquire in any legal manner any historic area, landmark, building, or structure, land pertaining thereto, or any estate or interest therein which, in the opinion of the governing body should be acquired, preserved, and maintained for the use, observation, education, pleasure, and welfare of the people; provide for their renovation, preservation, maintenance, management, and control as places of historic interest by a department of the locality or by a board, commission, or agency specially established by ordinance for the purpose; charge or authorize the charging of compensation for the use thereof or admission thereto; lease, subject to such regulations as may be established by ordinance, any such area, property, lands, or estate or interest therein so acquired upon the condition that the historic character of the area, landmark, building, structure, or land shall be preserved and maintained; or to enter into contracts with any person, firm, or corporation for the management, preservation, maintenance, or operation of any such area, landmark, building, structure, land pertaining thereto, or interest therein so acquired as a place of historic interest; however, the locality shall not use the right of condemnation under this subsection unless the historic value of such area, landmark, building, structure, land pertaining thereto, or estate or interest therein is about to be destroyed.\n\t\t\t\tThe authority to enter into contracts with any person, firm, or corporation as stated above may include the creation, by ordinance, of a resident curator program such that private entities through lease or other contract may be engaged to manage, preserve, maintain, or operate, including the option to reside in, any such historic area, property, lands, or estate owned or leased by the locality. Any leases or contracts entered into under this provision shall require that all maintenance and improvement be conducted in accordance with established treatment standards for historic landmarks, areas, buildings, and structures. For purposes of this section, leases or contracts that preserve historic landmarks, buildings, structures, or areas are deemed to be consistent with the purposes of use, observation, education, pleasure, and welfare of the people as stated above so long as the lease or contract provides for reasonable public access consistent with the property&#8217;s nature and use. The Department of Historic Resources shall provide technical assistance to local governments, at their request, to assist in developing resident curator programs.B\n\nNotwithstanding any contrary provision of law, general or special, in the City of Portsmouth no approval of any governmental agency or review board shall be required for the construction of a ramp to serve individuals with disabilities at any structure designated pursuant to the provisions of this section.C\n\nAny locality that establishes or expands a local historic district pursuant to this section shall identify and inventory all landmarks, buildings, or structures in the areas being considered for inclusion within the proposed district. Prior to adoption of an ordinance establishing or expanding a local historic district, the locality shall (i) provide for public input from the community and affected property owners in accordance with &#xA7; 15.2-2204; (ii) establish written criteria to be used to determine which properties should be included within a local historic district; and (iii) review the inventory and the criteria to determine which properties in the areas being considered for inclusion within the proposed district meet the criteria to be included in a local historic district. Local historic district boundaries may be adjusted to exclude properties along the perimeter that do not meet the criteria. The locality shall include only the geographical areas in a local historic district where a majority of the properties meet the criteria established by the locality in accordance with this section. However, parcels of land contiguous to arterial streets or highways found by the governing body to be significant routes of tourist access to the locality or to designated historic landmarks, buildings, structures, or districts therein, or in a contiguous locality may be included in a local historic district notwithstanding the provisions of this subsection.D\n\nAny locality utilizing the urban county executive form of government may include a provision in any ordinance adopted pursuant to this section that would allow public access to any such historic area, landmark, building, or structure, or land pertaining thereto, or providing that no subdivision shall occur within any historic district unless approved by the review board or, on appeal, by the governing body of the locality as being compatible with the historic nature of such area, landmarks, buildings, or structures therein with regard to any parcel or parcels that collectively are (i) adjacent to a navigable river and a national park and (ii) in part or as a whole subject to an easement granted to the National Park Service or Virginia Outdoors Foundation granted on or after January 1, 1973.E\n\nA locality that establishes a local historic district pursuant to this section may provide tax incentives for the conservation and renovation of historic structures in such district. Such incentives may include tax rebates to the extent allowed by the Constitution of Virginia. For the purposes of this section, &#8220;historic structure&#8221; means a structure designated as having an important historic, architectural, archaeological, or cultural interest or designated as a contributing structure by an ordinance passed pursuant to subsection A.F\n\nAny locality may adopt an ordinance that establishes a civil penalty for the razing, demolition, or moving of a building or structure that is located in a historic district or that has been designated by a governing body as a historic structure or landmark in violation of an ordinance adopted pursuant to subsection A. Such civil penalty shall not exceed twice the market value of the razed, demolished, or moved building or structure on the property as determined by the assessed value of the property at the time of the razing, demolition, or moving of the building or structure. Such ordinance may be enforced by the attorney for the governing body of the locality by bringing an action in the name of the locality in the circuit court. A finding against the party or parties alleged to have violated such ordinance shall be established by a preponderance of the evidence.\n\t\t\tNothing in this subsection shall preclude action by the zoning administrator for the governing body pursuant to the general laws of the Commonwealth in either a separate action or as part of the action seeking a civil penalty as authorized by this subsection.","order_by":null,"text":{"0":{"id":264523,"text":"1. Any locality may adopt an ordinance setting forth the historic landmarks within the locality as established by the Virginia Board of Historic Resources, and any other buildings or structures within the locality having an important historic, architectural, archaeological, or cultural interest, any historic areas within the locality as defined by \u00a7 15.2-2201, and areas of unique architectural value located within designated conservation, rehabilitation, or redevelopment districts, amending the existing zoning ordinance and delineating one or more historic districts, adjacent to such landmarks, buildings, and structures, or encompassing such areas, or encompassing parcels of land contiguous to arterial streets or highways (as designated pursuant to Title 33.2, including \u00a7 33.2-319 ) found by the governing body to be significant routes of tourist access to the locality or to designated historic landmarks, buildings, structures, or districts therein or in a contiguous locality. A governing body may provide in the ordinance that the applicant must submit documentation that any development in an area of the locality of known historical or archaeological significance will preserve or accommodate the historical or archaeological resources. The filing of the building permit or demolition application shall stay the locality from issuing any permit to raze or demolish the historic landmark, building, or structure until 30 days after the rendering of the final decision of the governing body of the locality. An amendment of the zoning ordinance and the establishment of a district or districts shall be in accordance with the provisions of Article 7 (\u00a7 15.2-2280 et seq.). The governing body may provide for a review board to administer the ordinance and may provide compensation to the board. The ordinance may include a provision that no building or structure, including signs, shall be erected, reconstructed, altered, or restored within any such district unless approved by the review board or, on appeal, by the governing body of the locality as being architecturally compatible with the historic landmarks, buildings, or structures therein.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":264524,"text":"Subject to the provisions of subdivision 3, the governing body may provide in the ordinance that no historic landmark, building, or structure within any district shall be razed, demolished, or moved until the razing, demolition, or moving thereof is approved by the review board or, on appeal, by the governing body after consultation with the review board.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"A3"},"2":{"id":264525,"text":"The governing body shall provide by ordinance for appeals to the circuit court for such locality from any final decision of the governing body pursuant to subdivisions 1 and 2 and shall specify therein the parties entitled to appeal the decisions, which parties shall have the right to appeal to the circuit court for review by filing a petition at law, setting forth the alleged illegality of the action of the governing body, provided that the petition is filed within 30 days after the final decision is rendered by the governing body. The filing of the petition shall stay the decision of the governing body pending the outcome of the appeal to the court, except that the filing of the petition shall not stay the decision of the governing body if the decision denies the right to raze or demolish a historic landmark, building, or structure. The court may reverse or modify the decision of the governing body, in whole or in part, if it finds upon review that the decision of the governing body is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the governing body.\n\t\t\t\tIn addition to the right of appeal hereinabove set forth, the owner of a historic landmark, building, or structure, the razing or demolition of which is subject to the provisions of subdivision 2, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that (i) he has applied to the governing body for such right, (ii) the owner has for the period of time set forth in the same schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell the landmark, building, or structure, and the land pertaining thereto, to the locality or to any person, firm, corporation, government, or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto, and (iii) no bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building, or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained. Any appeal that may be taken to the court from the decision of the governing body, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one year after a final decision by the governing body, but thereafter the owner may renew his request to the governing body to approve the razing or demolition of the historic landmark, building, or structure. The time schedule for offers to sell shall be as follows: three months when the offering price is less than $25,000; four months when the offering price is $25,000 or more but less than $40,000; five months when the offering price is $40,000 or more but less than $55,000; six months when the offering price is $55,000 or more but less than $75,000; seven months when the offering price is $75,000 or more but less than $90,000; and 12 months when the offering price is $90,000 or more.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"3":{"id":264526,"text":"The governing body is authorized to acquire in any legal manner any historic area, landmark, building, or structure, land pertaining thereto, or any estate or interest therein which, in the opinion of the governing body should be acquired, preserved, and maintained for the use, observation, education, pleasure, and welfare of the people; provide for their renovation, preservation, maintenance, management, and control as places of historic interest by a department of the locality or by a board, commission, or agency specially established by ordinance for the purpose; charge or authorize the charging of compensation for the use thereof or admission thereto; lease, subject to such regulations as may be established by ordinance, any such area, property, lands, or estate or interest therein so acquired upon the condition that the historic character of the area, landmark, building, structure, or land shall be preserved and maintained; or to enter into contracts with any person, firm, or corporation for the management, preservation, maintenance, or operation of any such area, landmark, building, structure, land pertaining thereto, or interest therein so acquired as a place of historic interest; however, the locality shall not use the right of condemnation under this subsection unless the historic value of such area, landmark, building, structure, land pertaining thereto, or estate or interest therein is about to be destroyed.\n\t\t\t\tThe authority to enter into contracts with any person, firm, or corporation as stated above may include the creation, by ordinance, of a resident curator program such that private entities through lease or other contract may be engaged to manage, preserve, maintain, or operate, including the option to reside in, any such historic area, property, lands, or estate owned or leased by the locality. Any leases or contracts entered into under this provision shall require that all maintenance and improvement be conducted in accordance with established treatment standards for historic landmarks, areas, buildings, and structures. For purposes of this section, leases or contracts that preserve historic landmarks, buildings, structures, or areas are deemed to be consistent with the purposes of use, observation, education, pleasure, and welfare of the people as stated above so long as the lease or contract provides for reasonable public access consistent with the property&#8217;s nature and use. The Department of Historic Resources shall provide technical assistance to local governments, at their request, to assist in developing resident curator programs.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"4":{"id":264527,"text":"Notwithstanding any contrary provision of law, general or special, in the City of Portsmouth no approval of any governmental agency or review board shall be required for the construction of a ramp to serve individuals with disabilities at any structure designated pursuant to the provisions of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"5":{"id":264528,"text":"Any locality that establishes or expands a local historic district pursuant to this section shall identify and inventory all landmarks, buildings, or structures in the areas being considered for inclusion within the proposed district. Prior to adoption of an ordinance establishing or expanding a local historic district, the locality shall (i) provide for public input from the community and affected property owners in accordance with &#xA7; 15.2-2204; (ii) establish written criteria to be used to determine which properties should be included within a local historic district; and (iii) review the inventory and the criteria to determine which properties in the areas being considered for inclusion within the proposed district meet the criteria to be included in a local historic district. Local historic district boundaries may be adjusted to exclude properties along the perimeter that do not meet the criteria. The locality shall include only the geographical areas in a local historic district where a majority of the properties meet the criteria established by the locality in accordance with this section. However, parcels of land contiguous to arterial streets or highways found by the governing body to be significant routes of tourist access to the locality or to designated historic landmarks, buildings, structures, or districts therein, or in a contiguous locality may be included in a local historic district notwithstanding the provisions of this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":264529,"text":"Any locality utilizing the urban county executive form of government may include a provision in any ordinance adopted pursuant to this section that would allow public access to any such historic area, landmark, building, or structure, or land pertaining thereto, or providing that no subdivision shall occur within any historic district unless approved by the review board or, on appeal, by the governing body of the locality as being compatible with the historic nature of such area, landmarks, buildings, or structures therein with regard to any parcel or parcels that collectively are (i) adjacent to a navigable river and a national park and (ii) in part or as a whole subject to an easement granted to the National Park Service or Virginia Outdoors Foundation granted on or after January 1, 1973.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":264530,"text":"A locality that establishes a local historic district pursuant to this section may provide tax incentives for the conservation and renovation of historic structures in such district. Such incentives may include tax rebates to the extent allowed by the Constitution of Virginia. For the purposes of this section, &#8220;historic structure&#8221; means a structure designated as having an important historic, architectural, archaeological, or cultural interest or designated as a contributing structure by an ordinance passed pursuant to subsection A.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":264531,"text":"Any locality may adopt an ordinance that establishes a civil penalty for the razing, demolition, or moving of a building or structure that is located in a historic district or that has been designated by a governing body as a historic structure or landmark in violation of an ordinance adopted pursuant to subsection A. Such civil penalty shall not exceed twice the market value of the razed, demolished, or moved building or structure on the property as determined by the assessed value of the property at the time of the razing, demolition, or moving of the building or structure. Such ordinance may be enforced by the attorney for the governing body of the locality by bringing an action in the name of the locality in the circuit court. A finding against the party or parties alleged to have violated such ordinance shall be established by a preponderance of the evidence.\n\t\t\tNothing in this subsection shall preclude action by the zoning administrator for the governing body pursuant to the general laws of the Commonwealth in either a separate action or as part of the action seeking a civil penalty as authorized by this subsection.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2306\/","history_text":"<p>This law was first created in 1973. The record of its establishment is cataloged in chapter 270 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1973 \u201cActs\u201d aren\u2019t available online. It has been modified 14 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 1974, chapter 90; in 1975, chapters 98, 574, 575, and 641; in 1977, chapter 473; in 1987, chapter 563; in 1988, chapter 700; in 1989, chapter 174; in 1993, chapter 770; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0424\">424<\/a>; in 1997, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0676\">676<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0290\">290<\/a>; in 2011, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0237\">237<\/a>; in 2012, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0790\">790<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0148\">148<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0149\">149<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0533\">533<\/a>, <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0752\">752<\/a>, and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0835\">835<\/a>.<\/p>","references":[{"id":77758,"section_number":"15.2-2201","catch_line":"Definitions","order_by":null,"url":"\/15.2-2201\/"},{"id":76639,"section_number":"15.2-2288.5","catch_line":"Meaning of \"cemetery\" for purposes of zoning","order_by":null,"url":"\/15.2-2288.5\/"},{"id":63216,"section_number":"15.2-2288.7","catch_line":"Local regulation of solar facilities","order_by":null,"url":"\/15.2-2288.7\/"},{"id":54520,"section_number":"15.2-2316.4","catch_line":"Zoning; small cell facilities","order_by":null,"url":"\/15.2-2316.4\/"},{"id":74738,"section_number":"15.2-7508","catch_line":"Disposition of property","order_by":null,"url":"\/15.2-7508\/"},{"id":70153,"section_number":"15.2-819","catch_line":"Demolition of historic structures; civil penalty","order_by":null,"url":"\/15.2-819\/"},{"id":62717,"section_number":"15.2-907.1","catch_line":"Authority to require removal, repair, etc., of buildings that are declared to be derelict; civil penalty","order_by":null,"url":"\/15.2-907.1\/"},{"id":71583,"section_number":"36-105","catch_line":"Enforcement of Code; appeals from decisions of local department; inspection of buildings; inspection warrants; inspection of elevators; issuance of permits","order_by":null,"url":"\/36-105\/"},{"id":68849,"section_number":"36-98","catch_line":"Board to promulgate Statewide Code; other codes and regulations superseded; exceptions","order_by":null,"url":"\/36-98\/"},{"id":84205,"section_number":"55.1-703","catch_line":"Required disclosures for buyer to beware; buyer to exercise necessary due diligence","order_by":null,"url":"\/55.1-703\/"}],"refers_to":[{"id":77758,"section_number":"15.2-2201","catch_line":"Definitions","order_by":null,"url":"\/15.2-2201\/"},{"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":56618,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","order_by":null,"url":"\/15.2-2280\/"},{"id":56954,"section_number":"33.2-319","catch_line":"Payments to cities and certain towns for maintenance of certain highways","order_by":null,"url":"\/33.2-319\/"}],"permalink":{"id":155423,"object_type":"law","relational_id":73526,"identifier":"15.2-2306","token":"15.2\/II\/22\/7\/15.2-2306","url":"\/15.2-2306\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2306\/","token":"15.2\/II\/22\/7\/15.2-2306","dublin_core":{"Title":"Preservation of historical sites and architectural areas; civil penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2306","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> 1. Any <span class=\"dictionary\">locality<\/span> may adopt an <span class=\"dictionary\">ordinance<\/span> setting forth the historic landmarks within the <span class=\"dictionary\">locality<\/span> as established by the Virginia Board of Historic Resources, and any other buildings or structures within the <span class=\"dictionary\">locality<\/span> having an important historic, architectural, archaeological, or cultural interest, any <span class=\"dictionary\">historic areas<\/span> within the <span class=\"dictionary\">locality<\/span> as defined by \u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/15.2-2201\/\">15.2-2201<\/a>, and areas of unique architectural value located within designated conservation, rehabilitation, or redevelopment districts, amending the existing <span class=\"dictionary\">zoning<\/span> <span class=\"dictionary\">ordinance<\/span> and delineating one or more historic districts, adjacent to such landmarks, buildings, and structures, or encompassing such areas, or encompassing parcels of land contiguous to arterial <span class=\"dictionary\">streets<\/span> or highways (as designated pursuant to Title 33.2, including \u00a7&nbsp;<a class=\"law\" title=\"Payments to cities and certain towns for maintenance of certain highways\" href=\"\/33.2-319\/\">33.2-319<\/a> ) found by the <span class=\"dictionary\">governing body<\/span> to be significant routes of tourist access to the <span class=\"dictionary\">locality<\/span> or to designated historic landmarks, buildings, structures, or districts therein or in a contiguous <span class=\"dictionary\">locality<\/span>. A <span class=\"dictionary\">governing body<\/span> may provide in the <span class=\"dictionary\">ordinance<\/span> that the applicant must submit documentation that any <span class=\"dictionary\">development<\/span> in an area of the <span class=\"dictionary\">locality<\/span> of known historical or archaeological significance will preserve or accommodate the historical or archaeological resources. The filing of the building permit or demolition application shall <span class=\"dictionary\">stay<\/span> the <span class=\"dictionary\">locality<\/span> from issuing any permit to raze or demolish the historic landmark, building, or structure until 30 days after the rendering of the final decision of the <span class=\"dictionary\">governing body<\/span> of the <span class=\"dictionary\">locality<\/span>. An amendment of the <span class=\"dictionary\">zoning<\/span> <span class=\"dictionary\">ordinance<\/span> and the establishment of a district or districts shall be in accordance with the provisions of Article 7 (\u00a7&nbsp;<a class=\"law\" title=\"Zoning ordinances generally\" href=\"\/15.2-2280\/\">15.2-2280<\/a> et seq.). The <span class=\"dictionary\">governing body<\/span> may provide for a review board to administer the <span class=\"dictionary\">ordinance<\/span> and may provide compensation to the board. The <span class=\"dictionary\">ordinance<\/span> may include a provision that no building or structure, including signs, shall be erected, reconstructed, altered, or restored within any such district unless approved by the review board or, on <span class=\"dictionary\">appeal<\/span>, by the <span class=\"dictionary\">governing body<\/span> of the <span class=\"dictionary\">locality<\/span> as being architecturally compatible with the historic landmarks, buildings, or structures therein. <a id=\"paragraph-264523\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Subject to the provisions of subdivision 3, the <span class=\"dictionary\">governing body<\/span> may provide in the <span class=\"dictionary\">ordinance<\/span> that no historic landmark, building, or structure within any district shall be razed, demolished, or moved until the razing, demolition, or moving thereof is approved by the review board or, on <span class=\"dictionary\">appeal<\/span>, by the <span class=\"dictionary\">governing body<\/span> after consultation with the review board. <a id=\"paragraph-264524\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">governing body<\/span> shall provide by <span class=\"dictionary\">ordinance<\/span> for <span class=\"dictionary\">appeals<\/span> to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> for such <span class=\"dictionary\">locality<\/span> from any final decision of the <span class=\"dictionary\">governing body<\/span> pursuant to subdivisions 1 and 2 and shall specify therein the parties entitled to <span class=\"dictionary\">appeal<\/span> the decisions, which parties shall have the right to <span class=\"dictionary\">appeal<\/span> to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> for review by filing a <span class=\"dictionary\">petition<\/span> at <span class=\"dictionary\">law<\/span>, setting forth the alleged illegality of the action of the <span class=\"dictionary\">governing body<\/span>, provided that the <span class=\"dictionary\">petition<\/span> is filed within 30 days after the final decision is rendered by the <span class=\"dictionary\">governing body<\/span>. The filing of the <span class=\"dictionary\">petition<\/span> shall <span class=\"dictionary\">stay<\/span> the decision of the <span class=\"dictionary\">governing body<\/span> pending the outcome of the <span class=\"dictionary\">appeal<\/span> to the <span class=\"dictionary\">court<\/span>, except that the filing of the <span class=\"dictionary\">petition<\/span> shall not <span class=\"dictionary\">stay<\/span> the decision of the <span class=\"dictionary\">governing body<\/span> if the decision denies the right to raze or demolish a historic landmark, building, or structure. The <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">reverse<\/span> or modify the decision of the <span class=\"dictionary\">governing body<\/span>, in whole or in part, if it finds upon review that the decision of the <span class=\"dictionary\">governing body<\/span> is contrary to <span class=\"dictionary\">law<\/span> or that its decision is arbitrary and constitutes an abuse of discretion, or it may <span class=\"dictionary\">affirm<\/span> the decision of the <span class=\"dictionary\">governing body<\/span>.\n\t\t\t\tIn addition to the right of <span class=\"dictionary\">appeal<\/span> hereinabove set forth, the owner of a historic landmark, building, or structure, the razing or demolition of which is subject to the provisions of subdivision 2, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that (i) he has applied to the <span class=\"dictionary\">governing body<\/span> for such right, (ii) the owner has for the period of time set forth in the same schedule hereinafter contained and at a price reasonably related to its fair market value, made a bona fide offer to sell the landmark, building, or structure, and the land pertaining thereto, to the <span class=\"dictionary\">locality<\/span> or to any person, firm, corporation, government, or agency thereof, or political subdivision or agency thereof, which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto, and (iii) no bona fide <span class=\"dictionary\">contract<\/span>, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building, or structure, and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule hereinafter contained. Any <span class=\"dictionary\">appeal<\/span> that may be taken to the <span class=\"dictionary\">court<\/span> from the decision of the <span class=\"dictionary\">governing body<\/span>, whether instituted by the owner or by any other proper <span class=\"dictionary\">party<\/span>, notwithstanding the provisions heretofore stated relating to a <span class=\"dictionary\">stay<\/span> of the decision appealed from shall not affect the right of the owner to make the bona fide offer to sell referred to above. No offer to sell shall be made more than one year after a final decision by the <span class=\"dictionary\">governing body<\/span>, but thereafter the owner may renew his request to the <span class=\"dictionary\">governing body<\/span> to approve the razing or demolition of the historic landmark, building, or structure. The time schedule for offers to sell shall be as follows: three months when the offering price is less than $25,000; four months when the offering price is $25,000 or more but less than $40,000; five months when the offering price is $40,000 or more but less than $55,000; six months when the offering price is $55,000 or more but less than $75,000; seven months when the offering price is $75,000 or more but less than $90,000; and 12 months when the offering price is $90,000 or more. <a id=\"paragraph-264525\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> The <span class=\"dictionary\">governing body<\/span> is authorized to acquire in any legal manner any <span class=\"dictionary\">historic area<\/span>, landmark, building, or structure, land pertaining thereto, or any estate or interest therein which, in the <span class=\"dictionary\">opinion<\/span> of the <span class=\"dictionary\">governing body<\/span> should be acquired, preserved, and maintained for the use, observation, education, pleasure, and welfare of the people; provide for their renovation, preservation, maintenance, management, and control as places of historic interest by a department of the <span class=\"dictionary\">locality<\/span> or by a board, commission, or agency specially established by <span class=\"dictionary\">ordinance<\/span> for the purpose; charge or authorize the charging of compensation for the use thereof or admission thereto; lease, subject to such regulations as may be established by <span class=\"dictionary\">ordinance<\/span>, any such area, property, lands, or estate or interest therein so acquired upon the condition that the historic character of the area, landmark, building, structure, or land shall be preserved and maintained; or to enter into <span class=\"dictionary\">contracts<\/span> with any person, firm, or corporation for the management, preservation, maintenance, or operation of any such area, landmark, building, structure, land pertaining thereto, or interest therein so acquired as a place of historic interest; however, the <span class=\"dictionary\">locality<\/span> shall not use the right of condemnation under this subsection unless the historic value of such area, landmark, building, structure, land pertaining thereto, or estate or interest therein is about to be destroyed.\n\t\t\t\tThe authority to enter into <span class=\"dictionary\">contracts<\/span> with any person, firm, or corporation as stated above may include the creation, by <span class=\"dictionary\">ordinance<\/span>, of a <span class=\"dictionary\">resident curator<\/span> program such that private entities through lease or other <span class=\"dictionary\">contract<\/span> may be engaged to manage, preserve, maintain, or operate, including the option to reside in, any such <span class=\"dictionary\">historic area<\/span>, property, lands, or estate owned or leased by the <span class=\"dictionary\">locality<\/span>. Any leases or <span class=\"dictionary\">contracts<\/span> entered into under this provision shall require that all maintenance and improvement be conducted in accordance with established treatment standards for historic landmarks, areas, buildings, and structures. For purposes of this section, leases or <span class=\"dictionary\">contracts<\/span> that preserve historic landmarks, buildings, structures, or areas are deemed to be consistent with the purposes of use, observation, education, pleasure, and welfare of the people as stated above so long as the lease or <span class=\"dictionary\">contract<\/span> provides for reasonable public access consistent with the property&#8217;s nature and use. The Department of Historic Resources shall provide technical assistance to <span class=\"dictionary\">local governments<\/span>, at their request, to assist in developing <span class=\"dictionary\">resident curator<\/span> programs. <a id=\"paragraph-264526\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Notwithstanding any contrary provision of <span class=\"dictionary\">law<\/span>, general or special, in the <span class=\"dictionary\">City<\/span> of Portsmouth no approval of any governmental agency or review board shall be required for the construction of a ramp to serve individuals with disabilities at any structure designated pursuant to the provisions of this section. <a id=\"paragraph-264527\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any <span class=\"dictionary\">locality<\/span> that establishes or expands a local historic district pursuant to this section shall identify and inventory all landmarks, buildings, or structures in the areas being considered for inclusion within the proposed district. Prior to adoption of an <span class=\"dictionary\">ordinance<\/span> establishing or expanding a local historic district, the <span class=\"dictionary\">locality<\/span> shall (i) provide for public input from the community and affected property owners in accordance with &#xA7; <a class=\"law\" title=\"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments\" href=\"\/15.2-2204\/\">15.2-2204<\/a>; (ii) establish written criteria to be used to determine which properties should be included within a local historic district; and (iii) review the inventory and the criteria to determine which properties in the areas being considered for inclusion within the proposed district meet the criteria to be included in a local historic district. Local historic district boundaries may be adjusted to exclude properties along the perimeter that do not meet the criteria. The <span class=\"dictionary\">locality<\/span> shall include only the geographical areas in a local historic district where a majority of the properties meet the criteria established by the <span class=\"dictionary\">locality<\/span> in accordance with this section. However, parcels of land contiguous to arterial <span class=\"dictionary\">streets<\/span> or highways found by the <span class=\"dictionary\">governing body<\/span> to be significant routes of tourist access to the <span class=\"dictionary\">locality<\/span> or to designated historic landmarks, buildings, structures, or districts therein, or in a contiguous <span class=\"dictionary\">locality<\/span> may be included in a local historic district notwithstanding the provisions of this subsection. <a id=\"paragraph-264528\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Any <span class=\"dictionary\">locality<\/span> utilizing the urban <span class=\"dictionary\">county<\/span> executive form of government may include a provision in any <span class=\"dictionary\">ordinance<\/span> adopted pursuant to this section that would allow public access to any such <span class=\"dictionary\">historic area<\/span>, landmark, building, or structure, or land pertaining thereto, or providing that no subdivision shall occur within any historic district unless approved by the review board or, on <span class=\"dictionary\">appeal<\/span>, by the <span class=\"dictionary\">governing body<\/span> of the <span class=\"dictionary\">locality<\/span> as being compatible with the historic nature of such area, landmarks, buildings, or structures therein with regard to any parcel or parcels that collectively are (i) adjacent to a navigable river and a national park and (ii) in part or as a whole subject to an easement granted to the National Park Service or Virginia Outdoors Foundation granted on or after January 1, 1973. <a id=\"paragraph-264529\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> A <span class=\"dictionary\">locality<\/span> that establishes a local historic district pursuant to this section may provide tax incentives for the conservation and renovation of <span class=\"dictionary\">historic structures<\/span> in such district. Such incentives may include tax rebates to the extent allowed by the Constitution of Virginia. For the purposes of this section, &#8220;<span class=\"dictionary\">historic structure<\/span>&#8221; means a structure designated as having an important historic, architectural, archaeological, or cultural interest or designated as a contributing structure by an <span class=\"dictionary\">ordinance<\/span> passed pursuant to subsection A. <a id=\"paragraph-264530\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> Any <span class=\"dictionary\">locality<\/span> may adopt an <span class=\"dictionary\">ordinance<\/span> that establishes a civil <span class=\"dictionary\">penalty<\/span> for the razing, demolition, or moving of a building or structure that is located in a historic district or that has been designated by a <span class=\"dictionary\">governing body<\/span> as a <span class=\"dictionary\">historic structure<\/span> or landmark in violation of an <span class=\"dictionary\">ordinance<\/span> adopted pursuant to subsection A. Such civil <span class=\"dictionary\">penalty<\/span> shall not exceed twice the market value of the razed, demolished, or moved building or structure on the property as determined by the assessed value of the property at the time of the razing, demolition, or moving of the building or structure. Such <span class=\"dictionary\">ordinance<\/span> may be enforced by the attorney for the <span class=\"dictionary\">governing body<\/span> of the <span class=\"dictionary\">locality<\/span> by bringing an action in the name of the <span class=\"dictionary\">locality<\/span> in the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span>. A <span class=\"dictionary\">finding<\/span> against the <span class=\"dictionary\">party<\/span> or parties alleged to have violated such <span class=\"dictionary\">ordinance<\/span> shall be established by a <span class=\"dictionary\">preponderance of the evidence<\/span>.\n\t\t\tNothing in this subsection shall preclude action by the <span class=\"dictionary\">zoning<\/span> administrator for the <span class=\"dictionary\">governing body<\/span> pursuant to the general <span class=\"dictionary\">laws<\/span> of the Commonwealth in either a separate action or as part of the action seeking a civil <span class=\"dictionary\">penalty<\/span> as authorized by this subsection. <a id=\"paragraph-264531\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2306\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPRESERVATION OF HISTORICAL SITES AND ARCHITECTURAL AREAS; CIVIL PENALTY (\u00a7\n15.2-2306)\n\nA. 1. Any locality may adopt an ordinance setting forth the historic landmarks\nwithin the locality as established by the Virginia Board of Historic Resources,\nand any other buildings or structures within the locality having an important\nhistoric, architectural, archaeological, or cultural interest, any historic\nareas within the locality as defined by \u00a7 15.2-2201, and areas of unique\narchitectural value located within designated conservation, rehabilitation, or\nredevelopment districts, amending the existing zoning ordinance and delineating\none or more historic districts, adjacent to such landmarks, buildings, and\nstructures, or encompassing such areas, or encompassing parcels of land\ncontiguous to arterial streets or highways (as designated pursuant to Title\n33.2, including \u00a7 33.2-319 ) found by the governing body to be significant\nroutes of tourist access to the locality or to designated historic landmarks,\nbuildings, structures, or districts therein or in a contiguous locality. A\ngoverning body may provide in the ordinance that the applicant must submit\ndocumentation that any development in an area of the locality of known\nhistorical or archaeological significance will preserve or accommodate the\nhistorical or archaeological resources. The filing of the building permit or\ndemolition application shall stay the locality from issuing any permit to raze\nor demolish the historic landmark, building, or structure until 30 days after\nthe rendering of the final decision of the governing body of the locality. An\namendment of the zoning ordinance and the establishment of a district or\ndistricts shall be in accordance with the provisions of Article 7 (\u00a7 15.2-2280\net seq.). The governing body may provide for a review board to administer the\nordinance and may provide compensation to the board. The ordinance may include a\nprovision that no building or structure, including signs, shall be erected,\nreconstructed, altered, or restored within any such district unless approved by\nthe review board or, on appeal, by the governing body of the locality as being\narchitecturally compatible with the historic landmarks, buildings, or structures\ntherein.\n\n   2. Subject to the provisions of subdivision 3, the governing body may provide\n   in the ordinance that no historic landmark, building, or structure within any\n   district shall be razed, demolished, or moved until the razing, demolition, or\n   moving thereof is approved by the review board or, on appeal, by the governing\n   body after consultation with the review board.\n\n   3. The governing body shall provide by ordinance for appeals to the circuit\n   court for such locality from any final decision of the governing body pursuant\n   to subdivisions 1 and 2 and shall specify therein the parties entitled to\n   appeal the decisions, which parties shall have the right to appeal to the\n   circuit court for review by filing a petition at law, setting forth the\n   alleged illegality of the action of the governing body, provided that the\n   petition is filed within 30 days after the final decision is rendered by the\n   governing body. The filing of the petition shall stay the decision of the\n   governing body pending the outcome of the appeal to the court, except that the\n   filing of the petition shall not stay the decision of the governing body if\n   the decision denies the right to raze or demolish a historic landmark,\n   building, or structure. The court may reverse or modify the decision of the\n   governing body, in whole or in part, if it finds upon review that the decision\n   of the governing body is contrary to law or that its decision is arbitrary and\n   constitutes an abuse of discretion, or it may affirm the decision of the\n   governing body.\n   \t\t\t\tIn addition to the right of appeal hereinabove set forth, the owner of a\n   historic landmark, building, or structure, the razing or demolition of which\n   is subject to the provisions of subdivision 2, shall, as a matter of right, be\n   entitled to raze or demolish such landmark, building, or structure, provided\n   that (i) he has applied to the governing body for such right, (ii) the owner\n   has for the period of time set forth in the same schedule hereinafter\n   contained and at a price reasonably related to its fair market value, made a\n   bona fide offer to sell the landmark, building, or structure, and the land\n   pertaining thereto, to the locality or to any person, firm, corporation,\n   government, or agency thereof, or political subdivision or agency thereof,\n   which gives reasonable assurance that it is willing to preserve and restore\n   the landmark, building, or structure and the land pertaining thereto, and\n   (iii) no bona fide contract, binding upon all parties thereto, shall have been\n   executed for the sale of any such landmark, building, or structure, and the\n   land pertaining thereto, prior to the expiration of the applicable time period\n   set forth in the time schedule hereinafter contained. Any appeal that may be\n   taken to the court from the decision of the governing body, whether instituted\n   by the owner or by any other proper party, notwithstanding the provisions\n   heretofore stated relating to a stay of the decision appealed from shall not\n   affect the right of the owner to make the bona fide offer to sell referred to\n   above. No offer to sell shall be made more than one year after a final\n   decision by the governing body, but thereafter the owner may renew his request\n   to the governing body to approve the razing or demolition of the historic\n   landmark, building, or structure. The time schedule for offers to sell shall\n   be as follows: three months when the offering price is less than $25,000; four\n   months when the offering price is $25,000 or more but less than $40,000; five\n   months when the offering price is $40,000 or more but less than $55,000; six\n   months when the offering price is $55,000 or more but less than $75,000; seven\n   months when the offering price is $75,000 or more but less than $90,000; and\n   12 months when the offering price is $90,000 or more.\n\n   4. The governing body is authorized to acquire in any legal manner any\n   historic area, landmark, building, or structure, land pertaining thereto, or\n   any estate or interest therein which, in the opinion of the governing body\n   should be acquired, preserved, and maintained for the use, observation,\n   education, pleasure, and welfare of the people; provide for their renovation,\n   preservation, maintenance, management, and control as places of historic\n   interest by a department of the locality or by a board, commission, or agency\n   specially established by ordinance for the purpose; charge or authorize the\n   charging of compensation for the use thereof or admission thereto; lease,\n   subject to such regulations as may be established by ordinance, any such area,\n   property, lands, or estate or interest therein so acquired upon the condition\n   that the historic character of the area, landmark, building, structure, or\n   land shall be preserved and maintained; or to enter into contracts with any\n   person, firm, or corporation for the management, preservation, maintenance, or\n   operation of any such area, landmark, building, structure, land pertaining\n   thereto, or interest therein so acquired as a place of historic interest;\n   however, the locality shall not use the right of condemnation under this\n   subsection unless the historic value of such area, landmark, building,\n   structure, land pertaining thereto, or estate or interest therein is about to\n   be destroyed.\n   \t\t\t\tThe authority to enter into contracts with any person, firm, or\n   corporation as stated above may include the creation, by ordinance, of a\n   resident curator program such that private entities through lease or other\n   contract may be engaged to manage, preserve, maintain, or operate, including\n   the option to reside in, any such historic area, property, lands, or estate\n   owned or leased by the locality. Any leases or contracts entered into under\n   this provision shall require that all maintenance and improvement be conducted\n   in accordance with established treatment standards for historic landmarks,\n   areas, buildings, and structures. For purposes of this section, leases or\n   contracts that preserve historic landmarks, buildings, structures, or areas\n   are deemed to be consistent with the purposes of use, observation, education,\n   pleasure, and welfare of the people as stated above so long as the lease or\n   contract provides for reasonable public access consistent with the\n   property&#8217;s nature and use. The Department of Historic Resources shall\n   provide technical assistance to local governments, at their request, to assist\n   in developing resident curator programs.\n\nB. Notwithstanding any contrary provision of law, general or special, in the\nCity of Portsmouth no approval of any governmental agency or review board shall\nbe required for the construction of a ramp to serve individuals with\ndisabilities at any structure designated pursuant to the provisions of this\nsection.\n\nC. Any locality that establishes or expands a local historic district pursuant\nto this section shall identify and inventory all landmarks, buildings, or\nstructures in the areas being considered for inclusion within the proposed\ndistrict. Prior to adoption of an ordinance establishing or expanding a local\nhistoric district, the locality shall (i) provide for public input from the\ncommunity and affected property owners in accordance with &#xA7; 15.2-2204; (ii)\nestablish written criteria to be used to determine which properties should be\nincluded within a local historic district; and (iii) review the inventory and\nthe criteria to determine which properties in the areas being considered for\ninclusion within the proposed district meet the criteria to be included in a\nlocal historic district. Local historic district boundaries may be adjusted to\nexclude properties along the perimeter that do not meet the criteria. The\nlocality shall include only the geographical areas in a local historic district\nwhere a majority of the properties meet the criteria established by the locality\nin accordance with this section. However, parcels of land contiguous to arterial\nstreets or highways found by the governing body to be significant routes of\ntourist access to the locality or to designated historic landmarks, buildings,\nstructures, or districts therein, or in a contiguous locality may be included in\na local historic district notwithstanding the provisions of this subsection.\n\nD. Any locality utilizing the urban county executive form of government may\ninclude a provision in any ordinance adopted pursuant to this section that would\nallow public access to any such historic area, landmark, building, or structure,\nor land pertaining thereto, or providing that no subdivision shall occur within\nany historic district unless approved by the review board or, on appeal, by the\ngoverning body of the locality as being compatible with the historic nature of\nsuch area, landmarks, buildings, or structures therein with regard to any parcel\nor parcels that collectively are (i) adjacent to a navigable river and a\nnational park and (ii) in part or as a whole subject to an easement granted to\nthe National Park Service or Virginia Outdoors Foundation granted on or after\nJanuary 1, 1973.\n\nE. A locality that establishes a local historic district pursuant to this\nsection may provide tax incentives for the conservation and renovation of\nhistoric structures in such district. Such incentives may include tax rebates to\nthe extent allowed by the Constitution of Virginia. For the purposes of this\nsection, &#8220;historic structure&#8221; means a structure designated as having\nan important historic, architectural, archaeological, or cultural interest or\ndesignated as a contributing structure by an ordinance passed pursuant to\nsubsection A.\n\nF. Any locality may adopt an ordinance that establishes a civil penalty for the\nrazing, demolition, or moving of a building or structure that is located in a\nhistoric district or that has been designated by a governing body as a historic\nstructure or landmark in violation of an ordinance adopted pursuant to\nsubsection A. Such civil penalty shall not exceed twice the market value of the\nrazed, demolished, or moved building or structure on the property as determined\nby the assessed value of the property at the time of the razing, demolition, or\nmoving of the building or structure. Such ordinance may be enforced by the\nattorney for the governing body of the locality by bringing an action in the\nname of the locality in the circuit court. A finding against the party or\nparties alleged to have violated such ordinance shall be established by a\npreponderance of the evidence.\n\t\t\tNothing in this subsection shall preclude action by the zoning administrator\nfor the governing body pursuant to the general laws of the Commonwealth in\neither a separate action or as part of the action seeking a civil penalty as\nauthorized by this subsection.\n\nHISTORY: 1973, c. 270, \u00a7 15.1-503.2; 1974, c. 90; 1975, cc. 98, 574, 575, 641;\n1977, c. 473; 1987, c. 563; 1988, c. 700; 1989, c. 174; 1993, c. 770; 1996, c.\n424; 1997, cc. 587, 676; 2009, c. 290; 2011, c. 237; 2012, c. 790; 2021, Sp.\nSess. I, c. 531; 2023, cc. 148, 149; 2024, cc. 533, 752, 835.","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}}