                                 CODE OF VIRGINIA

LOCALITIES MAY NOT REQUIRE A SPECIAL USE PERMIT FOR CERTAIN RESIDENTIAL USES (§
15.2-2288.1)

No local ordinance shall require as a condition of approval of a subdivision
plat, site plan, or plan of development, or issuance of a building permit, that
a special exception, special use, or conditional use permit be obtained for the
development and construction of residential dwellings at the use, height and
density permitted by right under the local zoning ordinance. Nothing herein
shall restrict the use of the special exception, special use, or conditional use
permit process on application of a property owner for (i) a cluster or town
center as an optional form of residential development at a density greater than
that permitted by right, or otherwise permitted by local ordinance; (ii) use in
an area designated for steep slope mountain development; (iii) use as a utility
facility to serve a residential development; or (iv) nonresidential uses
including but not limited to home businesses, home occupations, day care
centers, bed and breakfast inns, lodging houses, private boarding schools, and
shelters established for the purpose of providing human services to the
occupants thereof.

HISTORY: 1999, c. 1041; 2002, c. 703.