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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59698</law_id><section_number>33.2-2107</section_number><catch_line>Payments for certain changes in zoning classifications or use</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Local and Regional Transportation</unit><unit label="chapter" level="3" order_by="1" identifier="21">Transportation Districts Within Certain Counties</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> For any real property within the <span class="dictionary">district</span> for which a <span class="dictionary">county</span> or <span class="dictionary">participating town</span> changes its zoning classification from one that is subject to the special improvements tax authorized by &#xA7; <a class="law" title="Agreements with the Commonwealth Transportation Board; payment of special improvements tax to Transportation Trust Fund" href="/33.2-2106/">33.2-2106</a> to a classification that is not subject to that tax, the <span class="dictionary">county</span> or <span class="dictionary">participating town</span> shall require the simultaneous payment from the property <span class="dictionary">owner</span> of a sum representing the present value of the future special improvements taxes estimated by the <span class="dictionary">county</span> to be lost as a result of such change in classification. On a case-by-case basis, however, the <span class="dictionary">governing body</span> or town council of a <span class="dictionary">participating town</span> may, in its sole discretion, defer, for no more than 60 days, the effective date of such change in zoning classification. Upon deferral, the lump sum provided for in this subsection shall be paid to the <span class="dictionary">county</span> in immediately available funds acceptable to the <span class="dictionary">county</span> before the deferred effective date. If the <span class="dictionary">landowner</span> fails to make this lump sum payment as and when required, the change in zoning classification shall not become effective and the <span class="dictionary">ordinance</span> shall be void. Special improvements taxes previously paid in the year of the zoning change may be credited toward the payment on a prorated basis. The portion of the payment that may be credited shall be that portion of the year following the change in zoning classification. If at the time there is outstanding a <span class="dictionary">contract</span> by which the <span class="dictionary">district</span> has agreed to pay all or a portion of the special improvements tax to the Commonwealth Transportation <span class="dictionary">Board</span>, then the <span class="dictionary">district</span> and the Commonwealth Transportation <span class="dictionary">Board</span> shall agree to a method of calculating the present value of the loss of future special improvements taxes resulting from such a change in zoning classification and the procedure for payment of such funds to the Commonwealth Transportation <span class="dictionary">Board</span>. Whenever any <span class="dictionary">county</span> or <span class="dictionary">participating town</span> acts in accordance with such an agreement between the <span class="dictionary">district</span> and the Commonwealth Transportation <span class="dictionary">Board</span>, the change in zoning classification shall not be considered to have resulted in a shortfall in the total annual <span class="dictionary">revenues</span> from the imposition of the special improvements tax and the payments required to be made to the Commonwealth Transportation <span class="dictionary">Board</span>. <a id="paragraph-218637" class="section-permalink" href="https://vacode.org/33.2-2107/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Any <span class="dictionary">owner</span> of any real property that is subject to the special improvements tax authorized by &#xA7; <a class="law" title="Agreements with the Commonwealth Transportation Board; payment of special improvements tax to Transportation Trust Fund" href="/33.2-2106/">33.2-2106</a> because it is zoned to permit multiunit residential use but is not yet used for that purpose or because it consists of multiunit residential real property that is primarily leased or rented to residential tenants or other occupants by an <span class="dictionary">owner</span> who is engaged in such a business who wishes to change the use of the real property to one that is not subject to that tax shall be required, prior to any such change in use, to pay to the <span class="dictionary">county</span> a sum representing the present value of the future special improvements taxes estimated by the <span class="dictionary">county</span> to be lost as a result of such change in use. <a id="paragraph-218638" class="section-permalink" href="https://vacode.org/33.2-2107/#B"><i class="fa fa-link"/></a></p></section></text><history>2001, c. 611, &#xA7; 33.1-437; 2014, c. 805.</history><metadata></metadata></law>
