Any locality may, by ordinance, classify the territory under its jurisdiction or any substantial portion thereof into districts of such number, shape and size as it may deem best suited to carry out the purposes of this article, and in each district it may regulate, restrict, permit, prohibit, and determine the following:
1. The use of land, buildings, structures and other premises for agricultural, business, industrial, residential, flood plain and other specific uses;
2. The size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing, or removal of structures;
3. The areas and dimensions of land, water, and air space to be occupied by buildings, structures and uses, and of courts, yards, and other open spaces to be left unoccupied by uses and structures, including variations in the sizes of lots based on whether a public or community water supply or sewer system is available and used; or
4. The excavation or mining of soil or other natural resources.
Code 1950, §§ 15-819, 15-844, 15-968; 1962, c. 407, § 15.1-486; 1966, c. 344; 1969, Ex. Sess., c. 1; 1972, c. 789; 1975, c. 641; 1997, c. 587.
Notes of Decisions
Bd. OF SUP'RS v. Bd. of Zoning Appeals, 604 S.E.2d 7 (Va. 2004).
· cites it 4× “" Code § 15.2-2280 authorizes localities to enact zoning ordinances that regulate, restrict, prohibit, or determine the use of land, buildings, structures or other premises: "Any locality may, by ordinance, classify the territory under its jurisdiction or any substantial portion…”
Van Tran v. Gwinn, 554 S.E.2d 63 (Va. 2001).
· cites it 4× “Code § 15.2-2280; cf. § 15.2-2200 (legislative intent of Chapter 22).”
Sinclair v. New Cingular Wireless Pcs, LLC, 727 S.E.2d 40 (Va. 2012).
· cites it 6× “The court also ruled that the Ordinance's delegation to the planning commission of the decision to grant or deny waiver applications was within the broad grant of powers delegated to the county under Code §§ 15.”
Jennings v. Bd. of Sup'rs of Northumberland, 708 S.E.2d 841 (Va. 2011).
· cites it 6× “" This authority extends to "regulat[ing], restrict[ing], permit[ting], prohibit[ing], and determin[ing]," inter alia, "[t]he use of land, buildings, structures and other premises for agricultural, business, industrial, residential, flood plain and other specific uses" as well…”
Miller v. Highland Cnty., 650 S.E.2d 532 (Va. 2007).
· cites it 2× “" Thus, while providing that "[a]ny locality may, by ordinance, classify the territory under its jurisdiction" for purposes of land use, Code § 15.2-2280, the General Assembly has vested the actual power to make such decisions in each locality's governing body.”
Anderson v. DELORE, 683 S.E.2d 307 (Va. 2009).
· cites it 2× “Those present and prior zoning ordinances do not create a private right of action but, like other such ordinances, authorize localities to adopt regulations limiting the use and development of property and to seek the imposition of penalties for violations of those regulations.”
Town of Madison, Inc. v. Ford, 498 S.E.2d 235 (Va. 1998).
· cites it 4× “1-486 (now Code § 15.2-2280), that power can only be exercised in the manner expressly required by art.”
Bd. of Supervisors v. Countryside Inv. Co., 522 S.E.2d 610 (Va. 1999).
· cites it 2× “2 Our holding does not impair the County’s power to enact zoning ordinances which prescribe minimum lot area requirements, Code § 15.2-2280, or standards which would permit the County to consider the rural character of a community when making zoning decisions, Code § 15.”
Alive Church of the Nazarene, Inc. v. Prince William Cnty., Virginia, 59 F.4th 92 (4th Cir. 2023).
“]” See Va. Code § 15.2-2280(1). Pursuant to that authority, and in an effort to “create an environment favorable for the continuation [of] farming and other agricultural pursuits,” the County has zoned certain areas within its bounds as “A-1, Agricultural” land.”
Wolfe v. Bd. of Zoning Appeals, 532 S.E.2d 621 (Va. 2000).
· cites it 2× “With respect to the standing issue, Code § 15.2-2280 authorizes localities to adopt zoning ordinances and Code § 15.”
Schefer v. City Council of Falls Church, 691 S.E.2d 778 (Va. 2010).
· cites it 2× “2-2282 provides that "[a]ll zoning regulations shall be uniform for each class or kind of buildings and uses throughout each district, but the regulations in one district may differ from those in other districts.”
Covel v. Town of Vienna, 78 Va. Cir. 190 (Fairfax Cir. Ct. 2009).
· cites it 3× “So long as these local governments exercise those rights in a manner consistent with the statutes delegating that responsibility, the local representatives elected by the people are empowered “to improve the public health, safety, convenience, and welfare of [the citizens] and…”
— Va. Code Ann. § 15.2-2280(1) — 5 cases
Alive Church of the Nazarene, Inc. v. Prince William Cnty., Virginia, 59 F.4th 92 (4th Cir. 2023).
“]” See Va. Code § 15.2-2280(1). Pursuant to that authority, and in an effort to “create an environment favorable for the continuation [of] farming and other agricultural pursuits,” the County has zoned certain areas within its bounds as “A-1, Agricultural” land.”
Jennings v. Bd. of Sup'rs of Northumberland, 708 S.E.2d 841 (Va. 2011).
“" This authority extends to "regulat[ing], restrict[ing], permit[ting], prohibit[ing], and determin[ing]," inter alia, "[t]he use of land, buildings, structures and other premises for agricultural, business, industrial, residential, flood plain and other specific uses" as well…”
— Va. Code Ann. § 15.2-2280(2) — 1 case
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