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2004 SESSION
046920828Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 15.2-2286.1 as follows:
§ 15.2-2286.1. Permitted provisions in certain zoning ordinances.
A. In addition to the provisions of § 15.2-2286, and notwithstanding other
provisions of law, a zoning ordinance adopted by a locality whose entire geographic area
is wholly or partially within an area designated as [ severe ] nonattainment
for ozone pursuant to the federal Clean Air Act Amendments of 1990, 42 U.S.C. section 7407(d), may
include reasonable regulations and provisions [ as to any or all of the
following matters:
1. For the reduction of approved uses, density, floor area ratio, or intensity
applicable to specific property for which there has been no substantial construction
activity performed in good faith pursuant to an approved permit with the preceding three
years and, in the case of specific property to which subsection B or C of §
15.2-2298 or subsection B or C of § 15.2-2303 applies, where there has been no
dedication of real property of substantial value or no substantial cash payment for
or no construction of substantial public improvements, the need for which is
not generated solely by the rezoning itself, and, in the foregoing instances,
where the governing body has determined that existing transportation facilities
and services, and those facilities for which construction contracts have been
executed, are inadequate to meet the level of service specified for
transportation in the adopted comprehensive plan and are projected to be
inadequate should the property fully develop with the next three years in
accordance with existing zoning regulations applicable to it. Any rezoning
action undertaken pursuant to this subsection may be initiated only upon the
motion of the governing body or resolution of the local planning commission
which resolution or motion complies with subdivision A 7 of § 15.2-2286.
Notwithstanding any other provision of law, in the review of any rezoning approved
pursuant to this subsection, the law otherwise applicable to piecemeal downzoning
actions shall not apply and the presumptions of validity and burdens of proof and
persuasion applicable to non-piecemeal zoning decisions shall apply.
2. For for ] the adoption of transportation infrastructure overlay districts
to allow, either as a matter of right under applicable zoning regulations or with the approval of a special
exception, special use permit, or rezoning application, the transfer of some or
all specified development rights from property located outside the boundaries
of a transportation infrastructure overlay district to property located within
such overlay district. Where adopted, transportation infrastructure overlay
districts shall be established to encourage development in areas of the
locality where mass transit and other existing or planned transportation
facilities or services are projected to best meet the levels of service
specified for transportation in the comprehensive plan. The locality's
comprehensive plan shall identify those areas of the locality eligible for the
establishment of transportation infrastructure overlay districts.
The transfer of development rights from property located outside the boundaries of a transportation infrastructure overlay district shall be subject to such terms as may be provided by zoning regulations, the conditions of a special use permit or special exception, or the proffered conditions of a rezoning application, including that the terms are binding on the owners of such property and on their successors and assigns.
B. The authority granted by this section shall continue to apply in its
entirety to any locality that has exercised some or all of the authority granted
hereunder [ whether such locality may thereafter no longer be , except,
however, that such authority shall expire in any locality five years after the date upon which the locality is
no longer ] located in whole or in part within an area designated as [ severe
] nonattainment for ozone pursuant to the federal Clean Air Act Amendments of
1990.