An Act to amend and reenact § 2, as amended, of Chapter 34 of the Acts of Assembly of 1918, which provided a charter for the City of Norfolk, relating to conformity with the zoning ordinance.
Summary
SB806 amends the City of Norfolk’s 1918 charter to add and clarify municipal powers, with the most notable change being a new authority allowing the city to require nonconforming land, buildings, structures, and uses to come into compliance with the applicable zoning district regulations when there is a substantial negative impact on public health, safety, and welfare. The bill specifies that any such conformity period must be set by ordinance and may not be less than two years. It also preserves the city’s existing broad charter powers over taxation, utilities, public works, health, police, schools, and other municipal functions.
The bill also includes a provision allowing Norfolk to establish voluntary design guidelines for new construction or rehabilitation of residential real property in designated districts, but only at the property owner’s request. Any review fee is capped at the lesser of actual review cost or $200. Taken together, the measure updates the city charter to give Norfolk more explicit tools for zoning administration and neighborhood design review while leaving the voluntary nature of the design guidelines intact.
Impact
SB806 changes local law by amending Norfolk’s special charter rather than the general state zoning code. Its principal legal effect is to authorize the city to compel conformity of nonconforming uses and structures in limited circumstances tied to public health, safety, and welfare, and to require a minimum compliance period of two years. It also authorizes voluntary residential design guidelines in designated districts and caps related review fees, affecting property owners, developers, and city zoning administrators in Norfolk.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It passed the Senate unanimously and moved through House committee and floor votes with strong majorities, indicating general agreement that the charter update was appropriate for Norfolk. The absence of committee transcript discussion suggests little recorded public dispute or extended debate.
Contention
The main substantive issue is the new authority to force nonconforming properties into zoning compliance, which could raise concerns for property owners about regulatory burden, timing, and potential impacts on existing uses. The bill limits that authority by requiring a substantial negative impact on public health, safety, and welfare and by setting a minimum two-year compliance period, which likely reflects an effort to balance municipal enforcement with property rights. The voluntary design-guideline provision is less contentious because it applies only at the owner’s request and includes a fee cap.