                                 CODE OF VIRGINIA

PERMITTED PROVISIONS IN ZONING ORDINANCES; AMENDMENTS; APPLICANT TO PAY
DELINQUENT TAXES; PENALTIES (§ 15.2-2286)

A. A zoning ordinance may include, among other things, reasonable regulations
and provisions as to any or all of the following matters:

   1. For variances or special exceptions, as defined in &#xA7; 15.2-2201, to the
   general regulations in any district.

   2. For the temporary application of the ordinance to any property coming into
   the territorial jurisdiction of the governing body by annexation or otherwise,
   subsequent to the adoption of the zoning ordinance, and pending the orderly
   amendment of the ordinance.

   3. For the granting of special exceptions under suitable regulations and
   safeguards; notwithstanding any other provisions of this article, the
   governing body of any locality may reserve unto itself the right to issue such
   special exceptions. Conditions imposed in connection with residential special
   use permits, wherein the applicant proposes affordable housing, shall be
   consistent with the objective of providing affordable housing. When imposing
   conditions on residential projects specifying materials and methods of
   construction or specific design features, the approving body shall consider
   the impact of the conditions upon the affordability of housing. Conditions may
   include the period of validity for a special exception or special use permit;
   however, in the case of a special exception or special use permit for
   residential projects, the period of validity shall be no less than three
   years.
   				The governing body or the board of zoning appeals of the Cities of Hampton
   and Norfolk may impose a condition upon any special exception or use permit
   relating to retail alcoholic beverage control licensees which provides that
   such special exception or use permit will automatically expire upon a change
   of ownership of the property, a change in possession, a change in the
   operation or management of a facility, or the passage of a specific period of
   time.
   				The governing body of the City of Richmond may impose a condition upon any
   special use permit issued after July 1, 2000, relating to retail alcoholic
   beverage licensees which provides that such special use permit shall be
   subject to an automatic review by the governing body upon a change in
   possession, a change in the owner of the business, or a transfer of majority
   control of the business entity. Upon review by the governing body, it may
   either amend or revoke the special use permit after notice and a public
   hearing as required by &#xA7; 15.2-2206.

   4. For the administration and enforcement of the ordinance including the
   appointment or designation of a zoning administrator who may also hold another
   office in the locality. The zoning administrator shall have all necessary
   authority on behalf of the governing body to administer and enforce the zoning
   ordinance. His authority shall include (i) ordering in writing the remedying
   of any condition found in violation of the ordinance; (ii) insuring compliance
   with the ordinance, bringing legal action, including injunction, abatement, or
   other appropriate action or proceeding subject to appeal pursuant to &#xA7;
   15.2-2311; and (iii) in specific cases, making findings of fact and, with
   concurrence of the attorney for the governing body, conclusions of law
   regarding determinations of rights accruing under &#xA7; 15.2-2307 or
   subsection C of &#xA7; 15.2-2311.
   				Whenever the zoning administrator has reasonable cause to believe that any
   person has engaged in or is engaging in any violation of a zoning ordinance
   that limits occupancy in a residential dwelling unit, which is subject to a
   civil penalty that may be imposed in accordance with the provisions of &#xA7;
   15.2-2209, and the zoning administrator, after a good faith effort to obtain
   the data or information necessary to determine whether a violation has
   occurred, has been unable to obtain such information, he may request that the
   attorney for the locality petition the judge of the general district court for
   his jurisdiction for a subpoena duces tecum against any such person refusing
   to produce such data or information. The judge of the court, upon good cause
   shown, may cause the subpoena to be issued. Any person failing to comply with
   such subpoena shall be subject to punishment for contempt by the court issuing
   the subpoena. Any person so subpoenaed may apply to the judge who issued the
   subpoena to quash it.
   				Notwithstanding the provisions of &#xA7; 15.2-2311, a zoning ordinance may
   prescribe an appeal period of less than 30 days, but not less than 10 days,
   for a notice of violation involving (a) the storage or disposal of
   nonagricultural excavation material, waste, and debris or (b) temporary or
   seasonal commercial uses, parking of commercial trucks in residential zoning
   districts, maximum occupancy limitations of a residential dwelling unit, or
   similar short-term, recurring violations.
   				Where provided by ordinance, the zoning administrator may be authorized to
   grant a modification from any provision contained in the zoning ordinance with
   respect to physical requirements on a lot or parcel of land, including but not
   limited to size, height, location or features of or related to any building,
   structure, or improvements, if the administrator finds in writing that: (1)
   the strict application of the ordinance would produce undue hardship; (2) such
   hardship is not shared generally by other properties in the same zoning
   district and the same vicinity; and (3) the authorization of the modification
   will not be of substantial detriment to adjacent property and the character of
   the zoning district will not be changed by the granting of the modification.
   Prior to the granting of a modification, the zoning administrator shall give,
   or require the applicant to give, all adjoining property owners written notice
   of the request for modification, and an opportunity to respond to the request
   within 21 days of the date of the notice. The zoning administrator shall make
   a decision on the application for modification and issue a written decision
   with a copy provided to the applicant and any adjoining landowner who
   responded in writing to the notice sent pursuant to this paragraph. The
   decision of the zoning administrator shall constitute a decision within the
   purview of &#xA7; 15.2-2311, and may be appealed to the board of zoning
   appeals as provided by that section. Decisions of the board of zoning appeals
   may be appealed to the circuit court as provided by &#xA7; 15.2-2314.
   				The zoning administrator shall respond within 90 days of a request for a
   decision or determination on zoning matters within the scope of his authority
   unless the requester has agreed to a longer period. If the decision or
   determination by the zoning administrator could impair the ability of an
   adjacent property owner to satisfy the minimum storage capacity and yield
   requirements for a residential drinking well pursuant to &#xA7; 32.1-176.4 or
   any regulation adopted thereunder, the zoning administrator shall provide a
   copy of such decision or determination to such adjacent property owner so
   affected.

   5. For the imposition of penalties upon conviction of any violation of the
   zoning ordinance. Any such violation shall be a misdemeanor punishable by a
   fine of not more than $1,000. If the violation is uncorrected at the time of
   the conviction, the court shall order the violator to abate or remedy the
   violation in compliance with the zoning ordinance, within a time period
   established by the court. Failure to remove or abate a zoning violation within
   the specified time period shall constitute a separate misdemeanor offense
   punishable by a fine of not more than $1,000; any such failure during a
   succeeding 10-day period shall constitute a separate misdemeanor offense
   punishable by a fine of not more than $1,500; and any such failure during any
   succeeding 10-day period shall constitute a separate misdemeanor offense for
   each 10-day period punishable by a fine of not more than $2,000.
   				However, any conviction resulting from a violation of provisions
   regulating the storage or disposal of nonagricultural excavation material,
   waste, and debris shall be punishable by a fine of $2,000. Failure to abate
   the violation within the specified time period shall be punishable by a fine
   of $5,000, and any such failure during any succeeding 10-day period shall
   constitute a separate misdemeanor offense for each 10-day period punishable by
   a fine of $7,500.
   				However, any conviction resulting from a violation of provisions
   regulating the number of unrelated persons in single-family residential
   dwellings shall be punishable by a fine of up to $2,000. Failure to abate the
   violation within the specified time period shall be punishable by a fine of up
   to $5,000, and any such failure during any succeeding 10-day period shall
   constitute a separate misdemeanor offense for each 10-day period punishable by
   a fine of up to $7,500. However, no such fine shall accrue against an owner or
   managing agent of a single-family residential dwelling unit during the
   pendency of any legal action commenced by such owner or managing agent of such
   dwelling unit against a tenant to eliminate an overcrowding condition in
   accordance with the Virginia Residential Landlord and Tenant Act (&#xA7;
   55.1-1200 et seq.). A conviction resulting from a violation of provisions
   regulating the number of unrelated persons in single-family residential
   dwellings shall not be punishable by a jail term.

   6. For the collection of fees to cover the cost of making inspections, issuing
   permits, advertising of notices and other expenses incident to the
   administration of a zoning ordinance or to the filing or processing of any
   appeal or amendment thereto.

   7. For the amendment of the regulations or district maps from time to time, or
   for their repeal. Whenever the public necessity, convenience, general welfare,
   or good zoning practice requires, the governing body may by ordinance amend,
   supplement, or change the regulations, district boundaries, or classifications
   of property. Any such amendment may be initiated (i) by resolution of the
   governing body; (ii) by motion of the local planning commission; or (iii) by
   petition of the owner, contract purchaser with the owner&#8217;s written
   consent, or the owner&#8217;s agent therefor, of the property which is the
   subject of the proposed zoning map amendment, addressed to the governing body
   or the local planning commission, who shall forward such petition to the
   governing body; however, the ordinance may provide for the consideration of
   proposed amendments only at specified intervals of time, and may further
   provide that substantially the same petition will not be reconsidered within a
   specific period, not exceeding one year. Any such resolution or motion by such
   governing body or commission proposing the rezoning shall state the above
   public purposes therefor.
   				In any county having adopted such zoning ordinance, all motions,
   resolutions or petitions for amendment to the zoning ordinance, and/or map
   shall be acted upon and a decision made within such reasonable time as may be
   necessary which shall not exceed 12 months unless the applicant requests or
   consents to action beyond such period or unless the applicant withdraws his
   motion, resolution or petition for amendment to the zoning ordinance or map,
   or both. In the event of and upon such withdrawal, processing of the motion,
   resolution or petition shall cease without further action as otherwise would
   be required by this subdivision.

   8. For the submission and approval of a plan of development prior to the
   issuance of building permits to assure compliance with regulations contained
   in such zoning ordinance.

   9. For areas and districts designated for mixed use developments or planned
   unit developments as defined in &#xA7; 15.2-2201.

   10. For the administration of incentive zoning as defined in &#xA7; 15.2-2201.

   11. For provisions allowing the locality to enter into a voluntary agreement
   with a landowner that would result in the downzoning of the landowner&#8217;s
   undeveloped or underdeveloped property in exchange for a tax credit equal to
   the amount of excess real estate taxes that the landowner has paid due to the
   higher zoning classification. The locality may establish reasonable guidelines
   for determining the amount of excess real estate tax collected and the method
   and duration for applying the tax credit. For purposes of this section,
   &#8220;downzoning&#8221; means a zoning action by a locality that results in a
   reduction in a formerly permitted land use intensity or density.

   12. Provisions for requiring and considering Phase I environmental site
   assessments based on the anticipated use of the property proposed for the
   subdivision or development that meet generally accepted national standards for
   such assessments, such as those developed by the American Society for Testing
   and Materials, and Phase II environmental site assessments, that also meet
   accepted national standards, such as, but not limited to, those developed by
   the American Society for Testing and Materials, if the locality deems such to
   be reasonably necessary, based on findings in the Phase I assessment, and in
   accordance with regulations of the United States Environmental Protection
   Agency and the American Society for Testing and Materials. A reasonable fee
   may be charged for the review of such environmental assessments. Such fees
   shall not exceed an amount commensurate with the services rendered, taking
   into consideration the time, skill, and administrative expense involved in
   such review.

   13. Provisions to incorporate generally accepted national environmental
   protection and product safety standards for the use of solar panels and
   battery technologies for solar photovoltaic (electric energy) projects, such
   as those developed for existing product certifications and standards including
   the National Sanitation Foundation/American National Standards Institute No.
   457, International Electrotechnical Commission No. 61215-2, Institute of
   Electrical and Electronics Engineers Standard 1547, and Underwriters
   Laboratories No. 61730-2.

   14. Provisions for requiring disclosure and remediation of contamination and
   other adverse environmental conditions of the property prior to approval of
   subdivision and development plans.

   15. For the enforcement of provisions of the zoning ordinance that regulate
   the number of persons permitted to occupy a single-family residential dwelling
   unit, provided such enforcement is in compliance with applicable local, state
   and federal fair housing laws.

   16. For the issuance of inspection warrants by a magistrate or court of
   competent jurisdiction. The zoning administrator or his agent may make an
   affidavit under oath before a magistrate or court of competent jurisdiction
   and, if such affidavit establishes probable cause that a zoning ordinance
   violation has occurred, request that the magistrate or court grant the zoning
   administrator or his agent an inspection warrant to enable the zoning
   administrator or his agent to enter the subject dwelling for the purpose of
   determining whether violations of the zoning ordinance exist. After issuing a
   warrant under this section, the magistrate or judge shall file the affidavit
   in the manner prescribed by &#xA7; 19.2-54. After executing the warrant, the
   zoning administrator or his agents shall return the warrant to the clerk of
   the circuit court of the city or county wherein the inspection was made. The
   zoning administrator or his agent shall make a reasonable effort to obtain
   consent from the owner or tenant of the subject dwelling prior to seeking the
   issuance of an inspection warrant under this section.

B. Prior to the initiation of an application by the owner of the subject
property, the owner&#8217;s agent, or any entity in which the owner holds an
ownership interest greater than 50 percent, for a special exception, special use
permit, variance, rezoning or other land disturbing permit, including building
permits and erosion and sediment control permits, or prior to the issuance of
final approval, the authorizing body may require the applicant to produce
satisfactory evidence that any delinquent real estate taxes, nuisance charges,
stormwater management utility fees, and any other charges that constitute a lien
on the subject property, that are owed to the locality and have been properly
assessed against the subject property, have been paid, unless otherwise
authorized by the treasurer.

HISTORY: Code 1950, § 15-968.5; 1962, c. 407, § 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, cc. 529, 543,; 1998, c. 385;
1999, c. 792; 2000, cc. 764, 817; 2001, c. 240; 2002, cc. 547, 703; 2005, cc.
625, 677; 2006, cc. 304, 514, 533, 903; 2007, cc. 821, 937; 2008, cc. 297, 317,
343, 581, 593, 720, 777; 2009, c. 721; 2012, cc. 304, 318; 2014, c. 354; 2017,
c. 398; 2018, c. 726; 2020, cc. 312, 402, 442, 443, 893, 894; 2024, c. 301;
2025, c. 519.