Introduced in House Passed House Introduced in Senate Passed Senate Became Law
Solar energy projects; national standards.
Authorizes a locality to include in its zoning ordinance provisions to incorporate generally accepted national standards for the use of solar panels and battery technologies for solar photovoltaic (electric energy) projects. The bill contains an enactment clause that applies such generally accepted national standards to any such projects in the Commonwealth, notwithstanding any other provision of law, general or special.
02/04/2020 House: Committee substitute printed 20107292D-H1 Open
01/06/2020 House: Prefiled and ordered printed; offered 01/08/20 20102660D Open
House: Committee substitute printed 20107292D-H1
HOUSE BILL NO. 656
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Labor and Commerce
on February 4, 2020)
(Patron Prior to Substitute--Delegate Heretick)
A BILL to amend and reenact � 15.2-2286 of the Code of
Virginia, relating to solar energy projects; national standards.
1. That � 15.2-2286 of the Code of Virginia is amended and
reenacted as follows:
� 15.2-2286. Permitted provisions in zoning ordinances;
amendments; applicant to pay delinquent taxes; penalties.
A. A zoning ordinance may include, among other things,
reasonable regulations and provisions as to any or all of the following
matters:
1. For variances or special exceptions, as defined in �
15.2-2201, to the general regulations in any district.
2. 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.
3. For the granting of special exceptions under suitable
regulations and safeguards; notwithstanding any other provisions of this
article, the governing body of any locality may reserve unto itself the right
to issue such special exceptions. Conditions imposed in connection with
residential special use permits, wherein the applicant proposes affordable
housing, shall be consistent with the objective of providing affordable
housing. 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 conditions upon the affordability of housing.
The governing body or the board of zoning appeals of the City
of Norfolk may impose a condition upon any special exception relating to retail
alcoholic beverage control licensees which provides that such special exception
will automatically expire upon a change of ownership of the property, a change
in possession, a change in the operation or management of a facility or upon
the passage of a specific period of time.
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, a change in the owner of the business, or a transfer of majority
control of the business entity. Upon 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.
4. For the administration and enforcement of the ordinance
including the appointment or designation of a zoning administrator who may also
hold another office in the locality. The zoning administrator shall have all
necessary authority on behalf of the governing body to administer and enforce
the zoning ordinance. His authority shall include (i) ordering in writing the
remedying of any condition found in violation of the ordinance; (ii) insuring
compliance with the ordinance, bringing legal action, including injunction,
abatement, or other appropriate action or proceeding subject to appeal pursuant
to � 15.2-2311; and (iii) in specific cases, making findings of fact and, with
concurrence of the attorney for the governing body, conclusions of law
regarding determinations of rights accruing under � 15.2-2307 or subsection C
of � 15.2-2311.
Whenever the zoning administrator has reasonable cause to
believe that any person has engaged in or is engaging in any violation of a
zoning ordinance that limits occupancy in a residential dwelling unit, which is
subject to a civil penalty that may be imposed in accordance with the
provisions of � 15.2-2209, and the zoning administrator, after a good faith
effort to obtain the data or information necessary to determine whether a
violation has occurred, has been unable to obtain such information, he may
request that the attorney for the locality petition the judge of the general
district court for his jurisdiction for a subpoena duces tecum against any such
person refusing to produce such data or information. The judge of the court,
upon good cause shown, may cause the subpoena to be issued. Any person failing
to comply with such subpoena shall be subject to punishment for contempt by the
court issuing the subpoena. Any person so subpoenaed may apply to the judge who
issued the subpoena to quash it.
Notwithstanding the provisions of � 15.2-2311, a zoning
ordinance may prescribe an appeal period of less than 30 days, but not less
than 10 days, for a notice of violation involving temporary or seasonal
commercial uses, parking of commercial trucks in residential zoning districts,
maximum occupancy limitations of a residential dwelling unit, or similar
short-term, recurring violations.
Where provided by ordinance, the zoning administrator may be
authorized to grant a modification from any provision contained in the zoning
ordinance with respect to physical requirements on a lot or parcel of land,
including but not limited to size, height, location or features of or related
to any building, structure, or improvements, if the administrator finds in
writing that: (i) the strict application of the ordinance would produce undue
hardship; (ii) such hardship is not shared generally by other properties in the
same zoning district and the same vicinity; and (iii) the authorization of the
modification will not be of substantial detriment to adjacent property and the
character of the zoning district will not be changed by the granting of the
modification. Prior to the granting of a modification, the zoning administrator
shall give, or require the applicant to give, all adjoining property owners
written notice of the request for modification, and an opportunity to respond
to the request within 21 days of the date of the notice. The zoning
administrator shall make a decision on the application for modification and
issue a written decision with a copy provided to the applicant and any
adjoining landowner who responded in writing to the notice sent pursuant to
this paragraph. The decision of the zoning administrator shall constitute a
decision within the purview of � 15.2-2311, and may be appealed to the board of
zoning appeals as provided by that section. Decisions of the board of zoning
appeals may be appealed to the circuit court as provided by � 15.2-2314.
The zoning administrator shall respond within 90 days of a
request for a decision or determination on zoning matters within the scope of
his authority unless the requester has agreed to a longer period.
5. For the imposition of penalties upon conviction of any
violation of the zoning ordinance. Any such violation shall be a misdemeanor
punishable by a fine of not more than $1,000. If the violation is uncorrected
at the time of the conviction, the court shall order the violator to abate or
remedy the violation in compliance with the zoning ordinance, within a time
period established by the court. Failure to remove or abate a zoning violation
within the specified time period shall constitute a separate misdemeanor
offense punishable by a fine of not more than $1,000; any such failure during a
succeeding 10-day period shall constitute a separate misdemeanor offense
punishable by a fine of not more than $1,500; and any such failure during any
succeeding 10-day period shall constitute a separate misdemeanor offense for
each 10-day period punishable by a fine of not more than $2,000.
However, any conviction resulting from a violation of
provisions regulating the number of unrelated persons in single-family
residential dwellings shall be punishable by a fine of up to $2,000. 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 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 any 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 the number of unrelated persons in single-family residential
dwellings shall not be punishable by a jail term.
6. For 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. For the amendment of the regulations or district maps from
time to time, or for their repeal. 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, or
classifications of property. Any such amendment may be initiated (i) by
resolution of the governing body; (ii) by motion of the local planning
commission; or (iii) by petition of the owner, contract purchaser with the
owners written consent, or the owners agent therefor, of the property which
is the subject of the proposed zoning map amendment, addressed to the governing
body or the local planning commission, who shall forward such petition to the
governing body; 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. Any such resolution or motion by such
governing body or commission proposing the rezoning shall state the above
public purposes therefor.
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 such reasonable time as may
be necessary which shall not exceed 12 months unless the applicant requests 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 otherwise would be
required by this subdivision.
8. For the submission and approval of a plan of development
prior to the issuance of building permits to assure compliance with regulations
contained in such zoning ordinance.
9. For areas and districts designated for mixed use
developments or planned unit developments as defined in � 15.2-2201.
10. For the administration of incentive zoning as defined in �
15.2-2201.
11. For provisions allowing the locality to enter into a
voluntary agreement with a landowner that would result in the downzoning of the
landowners undeveloped or underdeveloped property in exchange for a tax credit
equal to the amount of excess real estate taxes that the landowner has paid due
to the higher zoning classification. The locality may establish reasonable
guidelines for determining the amount of excess real estate tax collected and
the method and duration for applying the tax credit. 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.
12. 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 Society for Testing and
Materials. A reasonable fee may be charged for the review of such environmental
assessments. Such fees shall not exceed an amount commensurate with the
services rendered, taking into consideration the time, skill, and
administrative expense involved in such review.
13. Provisions to incorporate generally accepted national
environmental protection and product safety standards for the use of solar
panels and battery technologies for solar photovoltaic (electric energy)
projects, such as those developed for existing product certifications and standards
including the National Sanitation Foundation/American National Standards
Institute No. 457, International Electrotechnical Commission No. 61215-2, and
Underwriters Laboratories No. 61730-2.
14. Provisions for requiring disclosure and remediation
of contamination and other adverse environmental conditions of the property
prior to approval of subdivision and development plans.
14. 15. For the enforcement of provisions 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.
15. 16. For the issuance of inspection warrants
by a magistrate or court of competent jurisdiction. The zoning administrator or
his agent may make an affidavit under oath before a magistrate or court of
competent jurisdiction and, if such affidavit establishes probable cause that a
zoning ordinance violation has occurred, request that the magistrate or court
grant the zoning administrator or his agent an inspection warrant to enable the
zoning administrator or his agent to enter the subject dwelling for the purpose
of determining whether violations of the zoning ordinance exist. After issuing
a warrant under this section, the magistrate or judge shall file the affidavit
in the manner prescribed by � 19.2-54. After executing the warrant, the zoning
administrator or his agents shall return the warrant to the clerk of the
circuit court of the city or county wherein the inspection was made. The zoning
administrator or his agent shall make a reasonable effort to obtain consent
from the owner or tenant of the subject dwelling prior to seeking the issuance
of an inspection warrant under this section.
B. Prior to the initiation of an application by the owner of
the subject property, the owners agent, or any entity in which the owner holds
an ownership interest greater than 50 percent, for a special exception, special
use permit, variance, rezoning or other land disturbing permit, including
building permits and erosion and sediment control permits, or prior to the
issuance of final approval, the authorizing body may require the applicant to
produce satisfactory evidence that any delinquent real estate taxes, nuisance
charges, stormwater management utility fees, and any other charges that
constitute a lien on the subject property, that are owed to the locality and
have been properly assessed against the subject property, have been paid,
unless otherwise authorized by the treasurer.
2. That the generally accepted national standards for the use
of solar panels and battery technologies for solar photovoltaic (electric
energy) projects applicable pursuant to � 15.2-2286 of the Code of Virginia, as
amended by this act, shall apply to any solar photovoltaic (electric energy)
projects in the Commonwealth, notwithstanding any other provision of law,
general or special.
Sponsors and Cosponsors
Stephen E. Heretick D-Richmond Sponsor
01/30/2020 House House: Subcommittee recommends reporting with substitute (9-Y 1-N)
01/16/2020 House House: Assigned L & C sub: Subcommittee #3
01/15/2020 House House: Referred to Committee on Labor and Commerce
01/06/2020 House House: Prefiled and ordered printed; offered 01/08/20 20102660D
01/06/2020 House House: Referred to Committee on Agriculture, Chesapeake and Natural Resources
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