State Codes and Statutes
Statutes > Virginia > Title-33-1 > Chapter-15 > 33-1-437§ 33.1-437. Payments for certain changes in zoning classifications or use.
A. For any real property within the district for which a county orparticipating town changes its zoning classification from one that is subjectto the special improvements tax authorized by § 33.1-436 to a classificationthat is not subject to that tax, then the county or participating town shallrequire the simultaneous payment from the property owner of a sumrepresenting the present value of the future special improvements taxesestimated by the county to be lost as a result of such change inclassification. On a case-by-case basis, however, the governing body or towncouncil of a participating town may, in its sole discretion, defer, for nomore than sixty days, the effective date of such change in zoningclassification. Upon deferral, the lump sum provided for in this subsectionshall be paid to the county in immediately available funds acceptable to thecounty before the deferred effective date. If the landowner fails to makethis lump sum payment as and when required, the change in zoningclassification shall not become effective and the ordinance shall be void.Special improvements taxes previously paid in the year of the zoning changemay be credited toward the payment on a prorated basis. The portion of thepayment that may be credited shall be that portion of the year following thechange in zoning classification. If at the time there is outstanding acontract by which the district has agreed to pay all or a portion of thespecial improvements tax to the Commonwealth Transportation Board, then thedistrict and the Commonwealth Transportation Board shall agree to a method ofcalculating the present value of the loss of future special improvementstaxes resulting from such a change in zoning classification and the procedurefor payment of such funds to the Commonwealth Transportation Board. Wheneverany county or participating town acts in accordance with such an agreementbetween the district and the Commonwealth Transportation Board, the change inzoning classification shall not be considered to have resulted in a shortfallin the total annual revenues from the imposition of the special improvementstax and the payments required to be made to the Commonwealth TransportationBoard.
B. Any owner of any real property that is subject to the special improvementstax authorized by § 33.1-436 because it is zoned to permit multiunitresidential use but is not yet used for that purpose or because it consistsof multiunit residential real property that is primarily leased or rented toresidential tenants or other occupants by an owner who is engaged in such abusiness, who wishes to change the use of the real property to one that isnot subject to that tax, shall be required, prior to any such change in use,to pay to the county a sum representing the present value of the futurespecial improvements taxes estimated by the county to be lost as a result ofsuch change in use.
(2001, c. 611.)
