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2024 SESSION

24104169D
SENATE BILL NO. 652
Offered January 15, 2024
A BILL to amend and reenact § 15.2-2280 of the Code of Virginia, relating to adequate public facilities.
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Patron-- Sturtevant (By Request)
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Referred to Committee on Local Government
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Be it enacted by the General Assembly of Virginia:

1. That § 15.2-2280 of the Code of Virginia is amended and reenacted as follows:

§ 15.2-2280. Zoning ordinances generally.

Any locality may, by ordinance, classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape, and size as it may deem best suited to carry out the purposes of this article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:

1. The use of land, buildings, structures, and other premises for agricultural, business, industrial, residential, flood plain, and other specific uses;

2. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;

3. The areas and dimensions of land, water, and air space to be occupied by buildings, structures, and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; or

4. The excavation or mining of soil or other natural resources; or

5. The timing of development of uses otherwise permitted when public facilities, including schools, roads, public safety facilities including fire and police, public sewer and water including both collection and distribution lines, and treatment capacity and availability of adequate water supply, are not deemed by the governing body to be adequate to support development otherwise permitted in the district, provided that the locality has (i) a capital improvements plan that provides the basis for an objective determination of the level of inadequacy of such facilities and (ii) a comprehensive plan as required by § 15.2-2223 that specifies areas for development. A locality that makes a determination of inadequate facilities pursuant to this section may reject or defer a rezoning application based solely on that determination. The exercise of the power provided under this subdivision by a locality shall not be deemed to create an obligation on the part of such locality to furnish any such public facilities.