SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2012 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 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 25 or fewer parcels of land, then,
in addition to the advertising as above required by subsection
A, 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. However, when
a proposed amendment to the zoning ordinance
involves a tract of land not less
than 500 acres owned by the Commonwealth
or by the federal government, and when
the proposed change affects only a portion
of the larger tract, notice need be
given only to the owners of those
properties that are adjacent to the affected
area of the larger tract. 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 25 parcels of land, or a
change to the applicable zoning ordinance text regulations that decreases the
allowed dwelling unit density of any parcel of land, then, in addition to the
advertising as above required by subsection A,
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 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 by this section, written notice shall also be
given by the local commission, or its representative, at least 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, military airport, excluding armories operated by the Virginia
National Guard, or licensed public-use airport then, in addition to the
advertising and written notification as above required by this
section, 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, military airport, or owner of such
public-use airport, and the notice shall advise the military commander or owner
of such public-use airport of the opportunity to submit comments or
recommendations.
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 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.
F. Notwithstanding any contrary provision of law, general or special, the City of Richmond may cause such notice to be published in any newspaper of general circulation in the city.
G. When a proposed comprehensive plan or amendment of an existing plan designates or alters previously designated corridors or routes for electric transmission lines of 150 kilovolts or more, written notice shall also be given by the local planning commission, or its representative, at least 10 days before the hearing to each electric utility with a certificated service territory that includes all or any part of such designated electric transmission corridors or routes.
H. When any applicant requesting a written order, requirement, decision, or determination from the zoning administrator, other administrative officer, or a board of zoning appeals that is subject to the appeal provisions contained in § 15.2-2311 or 15.2-2314, is not the owner or the agent of the owner of the real property subject to the written order, requirement, decision or determination, written notice shall be given to the owner of the property within 10 days of the receipt of such request. Such written notice shall be given by the zoning administrator or other administrative officer or, at the direction of the administrator or officer, the requesting applicant shall be required to give the owner such notice and to provide satisfactory evidence to the zoning administrator or other administrative officer that the notice has been given. Written notice mailed to the owner at the last known address of the owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall satisfy the notice requirements of this subsection.
This subsection shall not apply to inquiries from the governing body, planning commission, or employees of the locality made in the normal course of business.