Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 112 - ENTERPRISE ZONE GRANT PROGRAM REGULATION › Part IX - Procedures for Zone Amendment › Section 13VAC5-112-490 - Amendment of approved applications

Current through Register Vol. 40, No. 24, July 15, 2024
A. A local governing body will be permitted
				  to request amendments to approved applications for zone designation in
				  accordance with the procedures and requirements set out in this section. Each
				  jurisdiction participating in a joint zone may amend their portion of the
				  application, including boundaries and incentives, independently of the other
				  participating jurisdictions.
B. The
				  applicant jurisdiction must be current on the submission of annual reports as
				  set forth in
				  13VAC5-112-550
				  in order to amend an approved application.
C. The applicant jurisdiction must hold at
				  least one public hearing on the requested amendment prior to its submission to
				  the department. This public hearing may not have been held more than six months
				  prior to the amendment submission. In the case of a boundary amendment that
				  involves the elimination of area or areas, the applicant jurisdiction must
				  separately notify each property owner and business located within the affected
				  area of the proposed amendment prior to holding the public hearing.
D. A request for an amendment must be
				  submitted to the department on Form EZ-2. This form must be accompanied by a
				  resolution of the local governing body and must certify that the applicant
				  jurisdiction held the public hearing required in subsection C of this section
				  prior to the adoption of the resolution. In the case of a joint application,
				  Form EZ-2 must be completed by the jurisdiction requesting the amendment and
				  must be accompanied by Form EZ-2-JA. This form certifies that the other
				  participating jurisdictions are in agreement in filing the request for
				  amendment.
E. An enterprise zone
				  application may be amended annually, at least 12 months from the last amendment
				  application by the jurisdiction. Amendments may be to the entire application or
				  individual sections such as the boundary or incentives.
F. A zone boundary amendment may not consist
				  of a site for a single business firm or be less than 10 acres.
G. A noncontiguous area may be added to an
				  enterprise zone through a boundary amendment. However, no enterprise zone shall
				  have more than three noncontiguous areas.
H. The total zone acreage resulting from a
				  boundary amendment must conform to the size guidelines set forth in
				  13VAC5-112-440.
I. Boundary amendments that involve the
				  elimination of area or areas from a zone shall be reviewed by the department
				  with the potential impact on affected businesses and property owners being
				  given primary consideration. Such boundary changes shall not exceed the maximum
				  size provisions of
				  13VAC5-112-440
				  C.
J. A county may amend its zone
				  boundaries to include as part of the county's total acreage, acreage in any
				  town located within the county provided it meets the provisions of subsections
				  A through I of this section. This shall not constitute a joint zone and does
				  not provide the town with the ability to make any zone amendments, add
				  noncontiguous areas or give the town its own zone acreage allocation. In such
				  situations, towns may provide local incentives in addition to the county
				  incentives.
K. The department will
				  approve an amendment to local incentives only when the proposed incentive is
				  equal to or superior to that in the original application or any previous
				  amendment approved by the department. The department will approve an amendment
				  of zone boundaries only if the proposed amendment is deemed to be consistent
				  with the purposes of the program as determined by the department.
L. A local governing body that is denied an
				  application amendment shall be provided with the reasons for denial.
NOTICE: The following form used in administering the
					 regulation was filed by the agency. The form is not being published; however,
					 online users of this issue of the Virginia Register of Regulations may click on
					 the name of a form with a hyperlink to access it. The forms are also available
					 from the agency contact or may be viewed at the Office of the Registrar of
					 Regulations, 900 East Main Street, 11th Floor, Richmond, Virginia
					 23219.
Statutory Authority: §
												59.1-541 of
						the Code of Virginia.