§ 15.2-2288.8 — Special exceptions for solar photovoltaic projects

Virginia § 15.2-2288.8

• Jurisdiction: Virginia
• Title 15.2: Counties, Cities and Towns
• Subtitle II: Powers of Local Government
• Ch. 22: Planning, Subdivision of Land and Zoning
• Art. 7: Zoning

Text

A. Any locality may grant a special exception pursuant to § 15.2-2286, and include in its zoning ordinance reasonable regulations and provisions for a special exception as defined in § 15.2-2201, for any solar photovoltaic (electric energy) project or energy storage project. For the purposes of this section, "energy storage project" means energy storage equipment and technology within an energy storage project that is capable of absorbing energy, storing such energy for a period of time, and redelivering such energy after it has been stored.

B. The governing body of such locality may grant a condition that includes (i) dedication of real property of substantial value or (ii) substantial cash payments for or construction of substantial public improvements, the need for which is not generated solely by the granting of a conditional use permit, so long as such conditions are reasonably related to the project.

C. Once a condition is granted pursuant to subsection B, such condition shall continue in effect until a subsequent amendment changes the zoning on the property for which the conditions were granted. However, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance.

Legislative History

2020, cc. 385, 414; 2021, Sp. Sess. I, cc. 57, 58.