HB 650 — Zoning; solar photovoltaic and energy storage projects.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E301 An Act to amend and reenact §§ 15.2-2209.1:2 and 15.2-2286 of the Code of Virginia, relating toNto zoning;

period of validity for certain projeRts.projects.

O [H 650] Approved LApril L2, 2024 Be it enacted by the General Assembly of Virginia:

That §§ 15.2-2209.1:2 and 15.2-2286 of the Code of Virginia are amended and reenacted as E follows:

D§ A.15.2-2209.1:2.

Extension of land use approvals for solar photovoltaic projects.

A.

For so long as the special exception, special use permit, or conditional use permit remains valid, no change or amendment to any local ordinance, map, resolution, rule, regulation, policy, or plan adoptedadoptedno subsequent to the date of approval of the special exception, special use permit, or conditional use permit shall adversely affect the right of the developer or his successor in interest to commence and Hompletecomplete an approved development in accordance with the lawful terms of the special exception, special u6euse permit, or conditional use permit unless the change or amendment is required to comply with state law or there has been a mistake, fraud, or a change in circumstances substantially affecting the publicawpublic health, safety, or welfare.

R Application for minor modifications to special exceptions, special use permits, or conditional use permits made during the period of validity shall not constitute a waiver of the provisions hereof nor shall the approval of minor modifications extend the period of validity of such plats or plans.

Notwithstanding any other provision of this chapter, for any valid special exception, special use permit, or conditional use permit, or any modifications thereto, for a solar photovoltaic or energy storage project outstanding as of July 1, 2023, any deadline in the exception permit, or in the local zoning ordinance that requires the landowner or developer to commence the project within a certain time, may be extended by a resolution of the governing body until July 1, 2026, or such longer period as may be agreed to by the locality.

jurisdiction2. of the governing body by annexation or otherwise, subsequent to the adoption of the zoning ordinance, and pending the orderly amendment of the ordinance.

For the temporary application of the ordinance to any property coming into the territorial jurisdiction of the governing body by annexation or otherwise, subsequent to the adoption of the zoning ordinance, and pending the orderly amendment of the ordinance.

When imposing conditions on residential projects specifying materials and methods of construction or specific design features, the approving body shall consider the impact of the exceptionconditions orupon specialthe useaffordability permit;of housing.

however,Conditions inmay include the caseperiod of validity for a special exception or special use permitpermit; forial residential projects, the period of validity shall be no less than three years.

however, in the case of a special exception or special use permit for residential projects, the period of validity shall be no less than three years.

The governing body of the City of Richmond may impose a condition upon any special use permit issued after July 1, 2000, relating to retail alcoholic beverage licensees which provides that such special use permit shall be subject to an automatic review by the governing body upon a change in possession,pecialpossession, a change in the owner of the business, or a transfer of majority control of the business entity.

Upon of 4 review by the governing body, it may either amend or revoke the special use permit after notice and a public hearing as required by § 15.2-2206.

of 4 4.

Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense of 4 for each 10-day period punishable by a fine of up to $7,500.

However, no such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of Enyany legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.).

A conviction resulting from a violation of provisions regulating theRnumberthe number of of 4 unrelated persons in single-family residential dwellings shall not be punishable by a jail term.

notices6. and other expenses incident to the administration of a zoning ordinance or to the filing oring of processing of any appeal or amendment thereto.

LFor 7.the collection of fees to cover the cost of making inspections, issuing permits, advertising of notices and other expenses incident to the administration of a zoning ordinance or to the filing or processing of any appeal or amendment thereto.

7.

Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the governing body may by ordinance amend, supplement, or change the regulations, district boundariEs,boundaries, or classifications of property.

or (iii) by petition of the owner, contract purchaser with the owner's written consent, or the owner's agent therefor, of the property which is the subject of the proposed zoning map amendment, addressed to the governing body or the local planning providecommission, forwho theshall considerationforward ofsuch proposedpetition amendmentsto only at specified intervals of time, and may further provide that substantially the samegoverning petitionbody; will not be reconsidered within a specific period, not exceeding one year.

however, the ordinance may provide for the consideration of proposed amendments only at specified intervals of time, and may further provide that substantially the same petition will not be reconsidered within a specific period, not exceeding one year.

H In any county having adopted such zoning ordinance, all motions, resolutions or petitions for amendment to the zoning ordinance, and/or map shall be acted upon and a decision made within su5hsuch reasonable time as may be necessary which shall not exceed 12 months unless the applicant requeEtsrequests or consents to action beyond such period or unless the applicant withdraws his motion, resolution or petition for amendment to the zoning ordinance or map, or both.

In the event of and upon such withdrawal, processing of the motion, resolution or petition shall cease without further action as oth8.otherwise would be required by this subdivision.

8.

The locality may establish reasonable guidelines for determining the amount of thisexcess section,real "downzoning"estate meanstax acollected zoningand actionthe bymethod aand localityduration thatfor resultsapplying inthe atax reductioncredit. in aurposes formerly permitted land use intensity or density.

For purposes of this section, "downzoning" means a zoning action by a locality that results in a reduction in a formerly permitted land use intensity or density.

Provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development that meet generally accepted national standards for such assessments, such as those developed by the American Society for Testing and Materials, and Phase II environmental site assessments, that also meet accepted national standards, such as, but not limited to, those developed by the American Society for Testing and Materials, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment, and in accordance with regulations of the United States Environmental Protection Agency and the American environmentalSociety assessments.for Testing and Materials.

A reasonable fee may be charged for the review of such environmental assessments.

permitted15. to occupy a single-family residential dwelling unit, provided such enforcement is inersons compliance with applicable local, state and federal fair housing laws.

For the enforcement of 4provisions 16.of the zoning ordinance that regulate the number of persons permitted to occupy a single-family residential dwelling unit, provided such enforcement is in compliance with applicable local, state and federal fair housing laws.

16.

After executing the warrant, the zoning administrator or his agents shall return the warrant to the clerk of the of 4 circuit court of the city or county wherein the inspection was made.