Gainesville, Virginia is a town with a population of over 3,500 people that is subject to local land use ordinances. These ordinances are based on Title 152, Chapter 22 of the Virginia Code and are known as the Prince William's Zoning Ordinance. This ordinance defines the legal rights and restrictions for land use in the county. The development of a cluster is subject to the applicable local land use ordinances; however, the town will not impose stricter land use.
The following is a list of planning and land use terms in alphabetical order. Use the letters linked below to go to a specific section of the alphabet: Non-tidal wetlands connected by surface flow to tidal wetlands or perennial tributary streams; one 100-foot-wide buffer area located adjacent to perennial tributary streams and to land and the other above the RPA. Local governments, which normally manage land-use regulation, have resisted changing zoning laws for fear of a negative reaction from landlords. Homeowners have wielded enormous political influence to block any changes they believed could damage the value of their properties. If the local government body does not approve or refuse to approve the rezoning or the modification of the condition, or does not modify or refuse to modify the offer to comply with this section, within a reasonable time not to exceed 90 days from the date of the court order to do so, the court will prohibit the local government body from interfering with the requested use of the property without the unreasonable offer. For rules of compliance with provisions of an affordable housing and housing unit program and for authority of the local government body or its designee to enforce those standards and impose reasonable penalties in case of non-compliance, provided that a local zoning ordinance provides for an appeal process for any party aggrieved by a decision of the local government body, governing bodies of locations with populations greater than 3,500 people must notify Local Government Commission within three months after close of each fiscal year. To promote purpose of providing affordable housing to all residents of Commonwealth, governing bodies of counties in which executive form of urban county government or government plan of county administrator is in effect, Albemarle and Loudoun counties and cities of Alexandria, Charlottesville and Fairfax may establish program of affordable housing and housing units through amendments to zoning ordinances. Expenses against town or governing body will not be allowed unless court finds that town or governing body acted in bad faith or with malice. In any successful action brought pursuant to this section that challenges action by local government body that violates this section, applicant may be entitled to compensation for reasonable attorney fees and costs and an order returning matter to governing body with order to approve rezoning or propose modification of condition without inclusion of any unreasonable offer or modify offer to comply with this section. Actions brought to challenge action of local government body in violation of this section shall be brought only by aggrieved applicant or property owner, subject to rezoning or modification of condition in accordance with subsection F of § 15, 2-2285, provided that applicant has objected in writing to governing body regarding proposed condition before governing body granted or rejected application for rezoning. The sale and shipment of wine to Virginia Alcoholic Beverage Control Authority, authorized wholesalers and purchasers in other states in accordance with Title 4.1, regulations of Virginia Alcoholic Beverage Control Authority Board of Directors and federal law; court can overturn or modify decision of governing body if after review it determines that decision is against law or arbitrary and constitutes an abuse of discretion, or it can confirm decision. Each location (i) in whose jurisdiction an authorized airport or military or governmental air installation of United States is located or (ii) in whose jurisdiction access slopes and other security areas of licensed airport extend including military or government air installation must regulate by ordinance regulation of height structures and natural growth in order protect safety air navigation and public investment air navigation facilities. Before approving and adopting any zoning ordinance or amendment thereto, governing body will hold at least one public hearing on matter in accordance with public notice required by § 15, 2-2204 after which governing body may make appropriate changes or corrections ordinance or proposed amendment. In any action which local government body denies rezoning or amendment existing offer and aggrieved applicant demonstrates with preponderance evidence he refused or did not submit offer or modification unreasonable offer that local government body requested in writing violation this section court will presume absence clear convincing evidence contrary such refusal non-compliance was dominant basis because denial. Nothing this section shall be interpreted affect impair authority governing body under this chapter define regulate uses existing zoning district adopt overlapping districts regulate uses mountain areas defined governing body. Local Government Commission shall prepare make available public chairs Senate Local Government Committee Counties.
