2006 Code of Virginia § 15.2-2204 - Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendmen...

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 underthe powers conferred by this chapter need not be advertised in full, but maybe advertised by reference. Every such advertisement shall contain adescriptive summary of the proposed action and a reference to the place orplaces within the locality where copies of the proposed plans, ordinances oramendments may be examined.

The local planning commission shall not recommend nor the governing bodyadopt any plan, ordinance or amendment thereof until notice of intention todo so has been published once a week for two successive weeks in somenewspaper published or having general circulation in the locality; however,the notice for both the local planning commission and the governing body maybe published concurrently. The notice shall specify the time and place ofhearing at which persons affected may appear and present their views, notless than five days nor more than 21 days after the second advertisementappears in such newspaper. The local planning commission and governing bodymay 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 begiven only by the governing body. The term "two successive weeks" as usedin this paragraph shall mean that such notice shall be published at leasttwice in such newspaper with not less than six days elapsing between thefirst and second publication. After enactment of any plan, ordinance oramendment, further publication thereof shall not be required.

B. When a proposed amendment of the zoning ordinance involves a change in thezoning map classification of 25 or fewer parcels of land, then, in additionto the advertising as above required, written notice shall be given by thelocal planning commission, or its representative, at least five days beforethe hearing to the owner or owners, their agent or the occupant, of eachparcel involved; to the owners, their agent or the occupant, of all abuttingproperty and property immediately across the street or road from the propertyaffected, including those parcels which lie in other localities of theCommonwealth; and, if any portion of the affected property is within aplanned unit development, then to such incorporated property owner'sassociations within the planned unit development that have members owningproperty located within 2,000 feet of the affected property as may berequired by the commission or its agent. Notice sent by registered orcertified mail to the last known address of such owner as shown on thecurrent real estate tax assessment books or current real estate taxassessment records shall be deemed adequate compliance with this requirement.If the hearing is continued, notice shall be remailed. Costs of any noticerequired under this chapter shall be taxed to the applicant.

When a proposed amendment of the zoning ordinance involves a change in thezoning map classification of more than 25 parcels of land, or a change to theapplicable zoning ordinance text regulations that decreases the alloweddwelling unit density of any parcel of land, then, in addition to theadvertising as above required, written notice shall be given by the localplanning commission, or its representative, at least five days before thehearing to the owner, owners, or their agent of each parcel of land involved,provided, however, that written notice of such changes to zoning ordinancetext regulations shall not have to be mailed to the owner, owners, or theiragent of lots shown on a subdivision plat approved and recorded pursuant tothe provisions of Article 6 ( 15.2-2240 et seq.) of this chapter where suchlots are less than 11,500 square feet. One notice sent by first class mail tothe last known address of such owner as shown on the current real estate taxassessment books or current real estate tax assessment records shall bedeemed adequate compliance with this requirement, provided that arepresentative of the local commission shall make affidavit that suchmailings have been made and file such affidavit with the papers in the case.Nothing in this subsection shall be construed as to invalidate anysubsequently adopted amendment or ordinance because of the inadvertentfailure by the representative of the local commission to give written noticeto the owner, owners or their agent of any parcel involved.

The governing body may provide that, in the case of a condominium or acooperative, the written notice may be mailed to the unit owners' associationor proprietary lessees' association, respectively, in lieu of each individualunit owner.

Whenever the notices required hereby are sent by an agency, department ordivision of the local governing body, or their representative, such noticesmay be sent by first class mail; however, a representative of such agency,department or division shall make affidavit that such mailings have been madeand file such affidavit with the papers in the case.

A party's actual notice of, or active participation in, the proceedings forwhich the written notice provided by this section is required shall waive theright of that party to challenge the validity of the proceeding due tofailure of the party to receive the written notice required by this section.

C. When a proposed comprehensive plan or amendment thereto; a proposed changein zoning map classification; or an application for special exception for achange in use or to increase by greater than 50 percent of the bulk or heightof an existing or proposed building, but not including renewals of previouslyapproved special exceptions, involves any parcel of land located withinone-half mile of a boundary of an adjoining locality of the Commonwealth,then, in addition to the advertising and written notification as aboverequired, written notice shall also be given by the local commission, or itsrepresentative, at least 10 days before the hearing to the chiefadministrative officer, or his designee, of such adjoining locality.

D. When (i) a proposed comprehensive plan or amendment thereto, (ii) aproposed change in zoning map classification, or (iii) an application forspecial exception for a change in use involves any parcel of land locatedwithin 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 andwritten notification as above required, written notice shall also be given bythe local commission, or its representative, at least 10 days before thehearing to the commander of the military base, military installation,military airport, or owner of such public-use airport, and the notice shalladvise the military commander or owner of such public-use airport of theopportunity to submit comments or recommendations.

E. The adoption or amendment prior to July 1, 1996, of any plan or ordinanceunder the authority of prior acts shall not be declared invalid by reason ofa failure to advertise or give notice as may be required by such act or bythis chapter, provided a public hearing was conducted by the governing bodyprior to such adoption or amendment. Every action contesting a decision of alocality based on a failure to advertise or give notice as may be required bythis chapter shall be filed within 30 days of such decision with the circuitcourt having jurisdiction of the land affected by the decision. However, anylitigation pending prior to July 1, 1996, shall not be affected by the 1996amendment to this section.

F. Notwithstanding any contrary provision of law, general or special, anycity with a population between 200,000 and 210,000 which is required by thistitle or by its charter to publish a notice, may cause such notice to bepublished in any newspaper of general circulation in the city.

(Code 1950, 15-961.4; 1962, c. 407, 15.1-431; 1964, c. 632; 1968, cc.354, 714; 1973, cc. 117, 334; 1974, cc. 100, 570; 1975, c. 641; 1976, c. 642;1977, c. 65; 1982, c. 291; 1990, c. 61; 1992, cc. 353, 757; 1993, cc. 128,734; 1994, c. 774; 1995, c. 178; 1996, cc. 613, 667; 1997, c. 587; 2001, c.406; 2002, c. 634; 2004, cc. 539, 799; 2005, c. 514.)