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2004 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 15.2-2204, 15.2-2223 and 15.2-2283 of the Code of Virginia are 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 25 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, 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. When (i) a proposed comprehensive plan or amendment thereto, (ii) a proposed change in zoning map classification, or (iii) an application for special exception for a change in use involves any parcel of land located within 3,000 feet of a boundary of a military base, military installation, or military airport, excluding armories operated by the Virginia National Guard, 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 10 days before the hearing to the commander of the military base, military installation, or military airport and shall advise the commander of the opportunity to submit comments or recommendations.
D E. 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 F. 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.
§ 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose.
The local planning commission shall prepare and recommend a comprehensive plan for the physical development of the territory within its jurisdiction and every governing body shall adopt a comprehensive plan for the territory under its jurisdiction.
In the preparation of a comprehensive plan the commission shall make careful and comprehensive surveys and studies of the existing conditions and trends of growth, and of the probable future requirements of its territory and inhabitants. The comprehensive plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants.
The comprehensive plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each feature shown on the plan and shall indicate where existing lands or facilities are proposed to be extended, widened, removed, relocated, vacated, narrowed, abandoned, or changed in use as the case may be.
The plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the locality's long-range recommendations for the general development of the territory covered by the plan. It may include, but need not be limited to:
1. The designation of areas for various types of public and private development and use, such as different kinds of residential, business, industrial, agricultural, mineral resources, conservation, recreation, public service, flood plain and drainage, and other areas;
2. The designation of a system of transportation facilities such as streets, roads, highways, parkways, railways, bridges, viaducts, waterways, airports, ports, terminals, and other like facilities;
3. The designation of a system of community service facilities such as parks, forests, schools, playgrounds, public buildings and institutions, hospitals, community centers, waterworks, sewage disposal or waste disposal areas, and the like;
4. The designation of historical areas and areas for urban renewal or other treatment;
5. The designation of areas for the implementation of reasonable ground water protection measures;
6. An official map, a capital improvements program, a subdivision ordinance, a
zoning ordinance and zoning district maps, mineral resource district maps and
agricultural and forestal district maps, where applicable; and
7. The location of existing or proposed recycling centers; and
8. The location of military bases, military installations, and military airports and their adjacent safety areas.
The plan shall include: the designation of areas and implementation of measures for the construction, rehabilitation and maintenance of affordable housing, which is sufficient to meet the current and future needs of residents of all levels of income in the locality while considering the current and future needs of the planning district within which the locality is situated.
§ 15.2-2283. Purpose of zoning ordinances.
Zoning ordinances shall be for the general purpose of promoting the health,
safety or general welfare of the public and of further accomplishing the
objectives of § 15.2-2200. To these ends, such ordinances shall be designed to
give reasonable consideration to each of the following purposes, where
applicable: (i) to provide for adequate light, air, convenience of access, and
safety from fire, flood, crime and other dangers; (ii) to reduce or prevent
congestion in the public streets; (iii) to facilitate the creation of a
convenient, attractive and harmonious community; (iv) to facilitate the
provision of adequate police and fire protection, disaster evacuation, civil
defense, transportation, water, sewerage, flood protection, schools, parks,
forests, playgrounds, recreational facilities, airports and other public
requirements; (v) to protect against destruction of or encroachment upon
historic areas; (vi) to protect against one or more of the following:
overcrowding of land, undue density of population in relation to the community
facilities existing or available, obstruction of light and air, danger and
congestion in travel and transportation, or loss of life, health, or property
from fire, flood, panic or other dangers; (vii) to encourage economic
development activities that provide desirable employment and enlarge the tax
base; (viii) to provide for the preservation of agricultural and forestal lands
and other lands of significance for the protection of the natural environment;
(ix) to protect approach slopes and other safety areas of licensed airports,
including United States government and military air facilities; and (x) to
promote the creation and preservation of affordable housing suitable for meeting the
current and future needs of the locality as well as a reasonable proportion of the current
and future needs of the planning district within which the locality is
situated; and (xi) to provide reasonable protection against encroachment upon
military bases, military installations, and military airports and their adjacent
safety areas, excluding armories operated by the Virginia National Guard. Such
ordinance may also include reasonable provisions, not inconsistent with applicable
state water quality standards, to protect surface water and ground water as defined
in § 62.1-255.