CODE OF VIRGINIA

SAME; AMENDMENTS AND VARIATIONS OF CONDITIONS (§ 15.2-2302)

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 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 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.

C. Once 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.

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.

E. Notwithstanding any other provision of law, the governing body may waive the
written notice requirement of subsection A in order to reduce, suspend, or
eliminate outstanding cash proffer payments for residential construction
calculated on a per-dwelling-unit or per-home basis that have been agreed to,
but unpaid, by any landowner.

HISTORY: 1978, c. 320, § 15.1-491.6; 1997, c. 587; 2009, c. 315; 2012, cc. 415,
465; 2013, c. 513.