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2012 SESSION

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12103822D
HOUSE BILL NO. 903 Offered January 11, 2012 Prefiled January 11, 2012 A BILL to amend and reenact § 15.2-2302 of the Code of Virginia, relating to conditional zoning. ---------- Patron-- Minchew ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 15.2-2302 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-2302. Same; amendments and variations of conditions.

A.  Subject to any applicable public notice or hearing requirement of subsection B, but notwithstanding any other provision of law, any landowner subject to conditions proffered pursuant to §§ 15.2-2297, 15.2-2298, 15.2-2303 or 15.2-2303.1 may apply to the governing body for amendments to or variations of such proffered conditions, provided only that written notice of such application be provided in the manner prescribed by subsection H of § 15.2-2204 to any landowner subject to such existing proffered conditions.  Further, the approval of such an amendment or variation by the governing body shall not in itself cause the use of any other property to be determined a non-conforming use.

B.  There shall be no such amendment or variation of any conditions proffered pursuant to §§ 15.2-2297, 15.2-2298, 15.2-2303 or 15.2-2303.1 created pursuant to the provisions of § 15.2-2297 until after a public hearing before the governing body advertised pursuant to the provisions of § 15.2-2204. However, where an amendment to such proffered conditions is requested by the profferor pursuant to subsection A, and where such amendment does not affect conditions of use or density, a local governing body may waive the requirement for a public hearing (i) under this section and (ii) under any other statute, ordinance, or proffer requiring a public hearing prior to amendment of such proffered conditions created pursuant to § 15.2-2298 or 15.2-2303.

C.  Once so amended pursuant to this section, the proffered conditions shall continue to be an amendment to the zoning ordinance and may be enforced by the zoning administrator pursuant to the applicable provisions of this Chapter (§ 15.2-2200 et seq.).

D.  Notwithstanding any other provision of law, no landowner shall possess or enjoy any vested or property right in any condition proffered pursuant to §§ 15.2-2297, 15.2-2298, 15.2-2303 or 15.2-2303.1.