State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-22 > 15-2-2201

§ 15.2-2201. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Affordable housing" means, as a guideline, housing that is affordable tohouseholds with incomes at or below the area median income, provided that theoccupant pays no more than thirty percent of his gross income for grosshousing costs, including utilities. For the purpose of administeringaffordable dwelling unit ordinances authorized by this chapter, localgovernments may establish individual definitions of affordable housing andaffordable dwelling units including determination of the appropriate percentof area median income and percent of gross income.

"Conditional zoning" means, as part of classifying land within a localityinto areas and districts by legislative action, the allowing of reasonableconditions governing the use of such property, such conditions being inaddition to, or modification of the regulations provided for a particularzoning district or zone by the overall zoning ordinance.

"Development" means a tract of land developed or to be developed as a unitunder single ownership or unified control which is to be used for anybusiness or industrial purpose or is to contain three or more residentialdwelling units. The term "development" shall not be construed to includeany property which will be principally devoted to agricultural production.

"Historic area" means an area containing one or more buildings or places inwhich historic events occurred or having special public value because ofnotable architectural, archaeological or other features relating to thecultural or artistic heritage of the community, of such significance as towarrant conservation and preservation.

"Incentive zoning" means the use of bonuses in the form of increasedproject density or other benefits to a developer in return for the developerproviding certain features, design elements, uses, services, or amenitiesdesired by the locality, including but not limited to, site designincorporating principles of new urbanism and traditional neighborhooddevelopment, environmentally sustainable and energy-efficient buildingdesign, affordable housing creation and preservation, and historicalpreservation, as part of the development.

"Local planning commission" means a municipal planning commission or acounty planning commission.

"Mixed use development" means property that incorporates two or moredifferent uses, and may include a variety of housing types, within a singledevelopment.

"Official map" means a map of legally established and proposed publicstreets, waterways, and public areas adopted by a locality in accordance withthe provisions of Article 4 (§ 15.2-2233 et seq.) hereof.

"Planned unit development" means a form of development characterized byunified site design for a variety of housing types and densities, clusteringof buildings, common open space, and a mix of building types and land uses inwhich project planning and density calculation are performed for the entiredevelopment rather than on an individual lot basis.

"Planning district commission" means a regional planning agency charteredunder the provisions of Chapter 42 (§ 15.2-4200 et seq.) of this title.

"Plat" or "plat of subdivision" means the schematic representation ofland divided or to be divided and information in accordance with theprovisions of §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and 15.2-2264,and other applicable statutes.

"Preliminary subdivision plat" means the proposed schematic representationof development or subdivision that establishes how the provisions of §§15.2-2241 and 15.2-2242, and other applicable statutes will be achieved.

"Site plan" means the proposal for a development or a subdivision includingall covenants, grants or easements and other conditions relating to use,location and bulk of buildings, density of development, common open space,public facilities and such other information as required by the subdivisionordinance to which the proposed development or subdivision is subject.

"Special exception" means a special use, that is a use not permitted in aparticular district except by a special use permit granted under theprovisions of this chapter and any zoning ordinances adopted herewith.

"Street" means highway, street, avenue, boulevard, road, lane, alley, orany public way.

"Subdivision," unless otherwise defined in an ordinance adopted pursuant to§ 15.2-2240, means the division of a parcel of land into three or more lotsor parcels of less than five acres each for the purpose of transfer ofownership or building development, or, if a new street is involved in suchdivision, any division of a parcel of land. The term includes resubdivisionand, when appropriate to the context, shall relate to the process ofsubdividing or to the land subdivided and solely for the purpose ofrecordation of any single division of land into two lots or parcels, a platof such division shall be submitted for approval in accordance with §15.2-2258.

"Variance" means, in the application of a zoning ordinance, a reasonabledeviation from those provisions regulating the size or area of a lot orparcel of land, or the size, area, bulk or location of a building orstructure when the strict application of the ordinance would result inunnecessary or unreasonable hardship to the property owner, and such need fora variance would not be shared generally by other properties, and providedsuch variance is not contrary to the intended spirit and purpose of theordinance, and would result in substantial justice being done. It shall notinclude a change in use which change shall be accomplished by a rezoning orby a conditional zoning.

"Zoning" or "to zone" means the process of classifying land within alocality into areas and districts, such areas and districts being generallyreferred to as "zones," by legislative action and the prescribing andapplication in each area and district of regulations concerning building andstructure designs, building and structure placement and uses to which land,buildings and structures within such designated areas and districts may beput.

(Code 1950, § 15-961.3; 1962, c. 407, § 15.1-430; 1964, c. 547; 1966, c. 344;1975, c. 641; 1976, c. 642; 1977, c. 566; 1978, c. 320; 1987, c. 8; 1989, c.384; 1990, c. 685; 1993, c. 770; 1995, c. 603; 1997, c. 587; 2008, cc. 635,718.)

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-22 > 15-2-2201

§ 15.2-2201. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Affordable housing" means, as a guideline, housing that is affordable tohouseholds with incomes at or below the area median income, provided that theoccupant pays no more than thirty percent of his gross income for grosshousing costs, including utilities. For the purpose of administeringaffordable dwelling unit ordinances authorized by this chapter, localgovernments may establish individual definitions of affordable housing andaffordable dwelling units including determination of the appropriate percentof area median income and percent of gross income.

"Conditional zoning" means, as part of classifying land within a localityinto areas and districts by legislative action, the allowing of reasonableconditions governing the use of such property, such conditions being inaddition to, or modification of the regulations provided for a particularzoning district or zone by the overall zoning ordinance.

"Development" means a tract of land developed or to be developed as a unitunder single ownership or unified control which is to be used for anybusiness or industrial purpose or is to contain three or more residentialdwelling units. The term "development" shall not be construed to includeany property which will be principally devoted to agricultural production.

"Historic area" means an area containing one or more buildings or places inwhich historic events occurred or having special public value because ofnotable architectural, archaeological or other features relating to thecultural or artistic heritage of the community, of such significance as towarrant conservation and preservation.

"Incentive zoning" means the use of bonuses in the form of increasedproject density or other benefits to a developer in return for the developerproviding certain features, design elements, uses, services, or amenitiesdesired by the locality, including but not limited to, site designincorporating principles of new urbanism and traditional neighborhooddevelopment, environmentally sustainable and energy-efficient buildingdesign, affordable housing creation and preservation, and historicalpreservation, as part of the development.

"Local planning commission" means a municipal planning commission or acounty planning commission.

"Mixed use development" means property that incorporates two or moredifferent uses, and may include a variety of housing types, within a singledevelopment.

"Official map" means a map of legally established and proposed publicstreets, waterways, and public areas adopted by a locality in accordance withthe provisions of Article 4 (§ 15.2-2233 et seq.) hereof.

"Planned unit development" means a form of development characterized byunified site design for a variety of housing types and densities, clusteringof buildings, common open space, and a mix of building types and land uses inwhich project planning and density calculation are performed for the entiredevelopment rather than on an individual lot basis.

"Planning district commission" means a regional planning agency charteredunder the provisions of Chapter 42 (§ 15.2-4200 et seq.) of this title.

"Plat" or "plat of subdivision" means the schematic representation ofland divided or to be divided and information in accordance with theprovisions of §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and 15.2-2264,and other applicable statutes.

"Preliminary subdivision plat" means the proposed schematic representationof development or subdivision that establishes how the provisions of §§15.2-2241 and 15.2-2242, and other applicable statutes will be achieved.

"Site plan" means the proposal for a development or a subdivision includingall covenants, grants or easements and other conditions relating to use,location and bulk of buildings, density of development, common open space,public facilities and such other information as required by the subdivisionordinance to which the proposed development or subdivision is subject.

"Special exception" means a special use, that is a use not permitted in aparticular district except by a special use permit granted under theprovisions of this chapter and any zoning ordinances adopted herewith.

"Street" means highway, street, avenue, boulevard, road, lane, alley, orany public way.

"Subdivision," unless otherwise defined in an ordinance adopted pursuant to§ 15.2-2240, means the division of a parcel of land into three or more lotsor parcels of less than five acres each for the purpose of transfer ofownership or building development, or, if a new street is involved in suchdivision, any division of a parcel of land. The term includes resubdivisionand, when appropriate to the context, shall relate to the process ofsubdividing or to the land subdivided and solely for the purpose ofrecordation of any single division of land into two lots or parcels, a platof such division shall be submitted for approval in accordance with §15.2-2258.

"Variance" means, in the application of a zoning ordinance, a reasonabledeviation from those provisions regulating the size or area of a lot orparcel of land, or the size, area, bulk or location of a building orstructure when the strict application of the ordinance would result inunnecessary or unreasonable hardship to the property owner, and such need fora variance would not be shared generally by other properties, and providedsuch variance is not contrary to the intended spirit and purpose of theordinance, and would result in substantial justice being done. It shall notinclude a change in use which change shall be accomplished by a rezoning orby a conditional zoning.

"Zoning" or "to zone" means the process of classifying land within alocality into areas and districts, such areas and districts being generallyreferred to as "zones," by legislative action and the prescribing andapplication in each area and district of regulations concerning building andstructure designs, building and structure placement and uses to which land,buildings and structures within such designated areas and districts may beput.

(Code 1950, § 15-961.3; 1962, c. 407, § 15.1-430; 1964, c. 547; 1966, c. 344;1975, c. 641; 1976, c. 642; 1977, c. 566; 1978, c. 320; 1987, c. 8; 1989, c.384; 1990, c. 685; 1993, c. 770; 1995, c. 603; 1997, c. 587; 2008, cc. 635,718.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-15-2 > Chapter-22 > 15-2-2201

§ 15.2-2201. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Affordable housing" means, as a guideline, housing that is affordable tohouseholds with incomes at or below the area median income, provided that theoccupant pays no more than thirty percent of his gross income for grosshousing costs, including utilities. For the purpose of administeringaffordable dwelling unit ordinances authorized by this chapter, localgovernments may establish individual definitions of affordable housing andaffordable dwelling units including determination of the appropriate percentof area median income and percent of gross income.

"Conditional zoning" means, as part of classifying land within a localityinto areas and districts by legislative action, the allowing of reasonableconditions governing the use of such property, such conditions being inaddition to, or modification of the regulations provided for a particularzoning district or zone by the overall zoning ordinance.

"Development" means a tract of land developed or to be developed as a unitunder single ownership or unified control which is to be used for anybusiness or industrial purpose or is to contain three or more residentialdwelling units. The term "development" shall not be construed to includeany property which will be principally devoted to agricultural production.

"Historic area" means an area containing one or more buildings or places inwhich historic events occurred or having special public value because ofnotable architectural, archaeological or other features relating to thecultural or artistic heritage of the community, of such significance as towarrant conservation and preservation.

"Incentive zoning" means the use of bonuses in the form of increasedproject density or other benefits to a developer in return for the developerproviding certain features, design elements, uses, services, or amenitiesdesired by the locality, including but not limited to, site designincorporating principles of new urbanism and traditional neighborhooddevelopment, environmentally sustainable and energy-efficient buildingdesign, affordable housing creation and preservation, and historicalpreservation, as part of the development.

"Local planning commission" means a municipal planning commission or acounty planning commission.

"Mixed use development" means property that incorporates two or moredifferent uses, and may include a variety of housing types, within a singledevelopment.

"Official map" means a map of legally established and proposed publicstreets, waterways, and public areas adopted by a locality in accordance withthe provisions of Article 4 (§ 15.2-2233 et seq.) hereof.

"Planned unit development" means a form of development characterized byunified site design for a variety of housing types and densities, clusteringof buildings, common open space, and a mix of building types and land uses inwhich project planning and density calculation are performed for the entiredevelopment rather than on an individual lot basis.

"Planning district commission" means a regional planning agency charteredunder the provisions of Chapter 42 (§ 15.2-4200 et seq.) of this title.

"Plat" or "plat of subdivision" means the schematic representation ofland divided or to be divided and information in accordance with theprovisions of §§ 15.2-2241, 15.2-2242, 15.2-2258, 15.2-2262, and 15.2-2264,and other applicable statutes.

"Preliminary subdivision plat" means the proposed schematic representationof development or subdivision that establishes how the provisions of §§15.2-2241 and 15.2-2242, and other applicable statutes will be achieved.

"Site plan" means the proposal for a development or a subdivision includingall covenants, grants or easements and other conditions relating to use,location and bulk of buildings, density of development, common open space,public facilities and such other information as required by the subdivisionordinance to which the proposed development or subdivision is subject.

"Special exception" means a special use, that is a use not permitted in aparticular district except by a special use permit granted under theprovisions of this chapter and any zoning ordinances adopted herewith.

"Street" means highway, street, avenue, boulevard, road, lane, alley, orany public way.

"Subdivision," unless otherwise defined in an ordinance adopted pursuant to§ 15.2-2240, means the division of a parcel of land into three or more lotsor parcels of less than five acres each for the purpose of transfer ofownership or building development, or, if a new street is involved in suchdivision, any division of a parcel of land. The term includes resubdivisionand, when appropriate to the context, shall relate to the process ofsubdividing or to the land subdivided and solely for the purpose ofrecordation of any single division of land into two lots or parcels, a platof such division shall be submitted for approval in accordance with §15.2-2258.

"Variance" means, in the application of a zoning ordinance, a reasonabledeviation from those provisions regulating the size or area of a lot orparcel of land, or the size, area, bulk or location of a building orstructure when the strict application of the ordinance would result inunnecessary or unreasonable hardship to the property owner, and such need fora variance would not be shared generally by other properties, and providedsuch variance is not contrary to the intended spirit and purpose of theordinance, and would result in substantial justice being done. It shall notinclude a change in use which change shall be accomplished by a rezoning orby a conditional zoning.

"Zoning" or "to zone" means the process of classifying land within alocality into areas and districts, such areas and districts being generallyreferred to as "zones," by legislative action and the prescribing andapplication in each area and district of regulations concerning building andstructure designs, building and structure placement and uses to which land,buildings and structures within such designated areas and districts may beput.

(Code 1950, § 15-961.3; 1962, c. 407, § 15.1-430; 1964, c. 547; 1966, c. 344;1975, c. 641; 1976, c. 642; 1977, c. 566; 1978, c. 320; 1987, c. 8; 1989, c.384; 1990, c. 685; 1993, c. 770; 1995, c. 603; 1997, c. 587; 2008, cc. 635,718.)