SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
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 nonconforming use.
B. There shall be no such amendment or variation
of any conditions created pursuant to the provisions of § 15.2-2297
proffered pursuant to § 15.2-2297, 15.2-2298, 15.2-2303, or 15.2-2303.1
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.) chapter.
D. Notwithstanding any other provision of law, no claim of
any right derived from any condition proffered pursuant to § 15.2-2297,
15.2-2298, 15.2-2303, or 15.2-2303.1 shall impair the right of any landowner
subject to such a proffered condition to secure amendments to or variations of
such proffered conditions.