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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2204 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2204. Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments.
A. Plans or ordinances, or amendments thereof, recommended or adopted under the powers conferred by this chapter need not be advertised in full, but may be advertised by reference. Every such advertisement shall contain a descriptive summary of the proposed action and a reference to the place or places within the locality where copies of the proposed plans, ordinances or amendments may be examined.
The local planning commission shall not recommend nor the governing body adopt
any plan, ordinance or amendment thereof until notice of intention to do so has
been published once a week for two successive weeks in some newspaper published
or having general circulation in the locality; however, the notice for both the
local planning commission and the governing body may be published concurrently.
The notice shall specify the time and place of hearing at which persons
affected may appear and present their views, not less than five days nor more
than twenty-one 21 days after the second advertisement appears in such
newspaper. The local planning commission and governing body may hold a joint public hearing after
public notice as set forth hereinabove. If a joint hearing is held, then public notice as set forth
above need be given only by the governing body. The term "two successive weeks"
as used in this paragraph shall mean that such notice shall be published at
least twice in such newspaper with not less than six days elapsing between the
first and second publication. After enactment of any plan, ordinance or
amendment, further publication thereof shall not be required.
B. When a proposed amendment of the zoning ordinance involves a change in the
zoning map classification of twenty-five 25 or fewer parcels of land, then, in
addition to the advertising as above required, written notice shall be given by
the local planning commission, or its representative, at least five days before
the hearing to the owner or owners, their agent or the occupant, of each parcel
involved; to the owners, their agent or the occupant, of all abutting property
and property immediately across the street or road from the property affected,
including those parcels which lie in other localities of the Commonwealth; and,
if any portion of the affected property is within a planned unit development,
then to such incorporated property owner's associations within the planned unit
development that have members owning property located within 2,000 feet of the
affected property as may be required by the commission or its agent. Notice
sent by registered or certified mail to the last known address of such owner as
shown on the current real estate tax assessment books or current real estate
tax assessment records shall be deemed adequate compliance with this
requirement. If the hearing is continued, notice shall be remailed. Costs of
any notice required under this chapter shall be taxed to the applicant.
When a proposed amendment of the zoning ordinance involves a change in the
zoning map classification of more than twenty-five 25 parcels of land, or a
change to the applicable zoning ordinance text regulations that decreases the allowed dwelling unit
density of more than twenty-five parcels any parcel of land, then, in addition
to the advertising as above required, written notice shall be given by the
local planning commission, or its representative, at least five days before the
hearing to the owner, owners, or their agent of each parcel of land involved,
provided, however, that written notice of such changes to zoning ordinance text
regulations shall not have to be mailed to the owner, owners, or their agent of
lots shown on a subdivision plat approved and recorded pursuant to the
provisions of Article 6 (§ 15.2-2240 et seq.) of this chapter where such lots
are less than 11,500 square feet. One notice sent by first class mail to the
last known address of such owner as shown on the current real estate tax
assessment books or current real estate tax assessment records shall be deemed
adequate compliance with this requirement, provided that a representative of
the local commission shall make affidavit that such mailings have been made and
file such affidavit with the papers in the case. Nothing in this subsection
shall be construed as to invalidate any subsequently adopted amendment or
ordinance because of the inadvertent failure by the representative of the local
commission to give written notice to the owner, owners or their agent of any
parcel involved.
The governing body may provide that, in the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner.
Whenever the notices required hereby are sent by an agency, department or division of the local governing body, or their representative, such notices may be sent by first class mail; however, a representative of such agency, department or division shall make affidavit that such mailings have been made and file such affidavit with the papers in the case.
A party's actual notice of, or active participation in, the proceedings for which the written notice provided by this section is required shall waive the right of that party to challenge the validity of the proceeding due to failure of the party to receive the written notice required by this section.
C. When a proposed comprehensive plan or amendment thereto; a proposed change
in zoning map classification; or an application for special exception for a
change in use or to increase by greater than fifty 50 percent of the bulk or
height of an existing or proposed building, but not including renewals of previously approved special
exceptions, involves any parcel of land located within one-half mile of a boundary of an adjoining
locality of the Commonwealth, then, in addition to the advertising and written
notification as above required, written notice shall also be given by the local
commission, or its representative, at least ten 10 days before the hearing to
the chief administrative officer, or his designee, of such adjoining locality.
D. The adoption or amendment prior to July 1, 1996, of any plan or ordinance
under the authority of prior acts shall not be declared invalid by reason of a
failure to advertise or give notice as may be required by such act or by this
chapter, provided a public hearing was conducted by the governing body prior to
such adoption or amendment. Every action contesting a decision of a locality
based on a failure to advertise or give notice as may be required by this
chapter shall be filed within thirty 30 days of such decision with the circuit
court having jurisdiction of the land affected by the decision. However, any litigation pending prior
to July 1, 1996, shall not be affected by the 1996 amendment to this section.
E. Notwithstanding any contrary provision of law, general or special, any city with a population between 200,000 and 210,000 which is required by this title or by its charter to publish a notice, may cause such notice to be published in any newspaper of general circulation in the city.