2006 Code of Virginia § 15.2-2285 - Preparation and adoption of zoning ordinance and map and amendments thereto; appeal

15.2-2285. Preparation and adoption of zoning ordinance and map andamendments thereto; appeal.

A. The planning commission of each locality may, and at the direction of thegoverning body shall, prepare a proposed zoning ordinance including a map ormaps showing the division of the territory into districts and a text settingforth the regulations applying in each district. The commission shall hold atleast one public hearing on a proposed ordinance or any amendment of anordinance, after notice as required by 15.2-2204, and may make appropriatechanges in the proposed ordinance or amendment as a result of the hearing.Upon the completion of its work, the commission shall present the proposedordinance or amendment including the district maps to the governing bodytogether with its recommendations and appropriate explanatory materials.

B. No zoning ordinance shall be amended or reenacted unless the governingbody has referred the proposed amendment or reenactment to the local planningcommission for its recommendations. Failure of the commission to report 100days after the first meeting of the commission after the proposed amendmentor reenactment has been referred to the commission, or such shorter period asmay be prescribed by the governing body, shall be deemed approval, unless theproposed amendment or reenactment has been withdrawn by the applicant priorto the expiration of the time period. In the event of and upon suchwithdrawal, processing of the proposed amendment or reenactment shall ceasewithout further action as otherwise would be required by this subsection.

C. Before approving and adopting any zoning ordinance or amendment thereof,the governing body shall hold at least one public hearing thereon, pursuantto public notice as required by 15.2-2204, after which the governing bodymay make appropriate changes or corrections in the ordinance or proposedamendment. In the case of a proposed amendment to the zoning map, the publicnotice shall state the general usage and density range of the proposedamendment and the general usage and density range, if any, set forth in theapplicable part of the comprehensive plan. However, no land may be zoned to amore intensive use classification than was contained in the public noticewithout an additional public hearing after notice required by 15.2-2204.Zoning ordinances shall be enacted in the same manner as all other ordinances.

D. Any county which has adopted an urban county executive form of governmentprovided for under Chapter 8 ( 15.2-800 et seq.) may provide by ordinancefor use of plans, profiles, elevations, and other such demonstrativematerials in the presentation of requests for amendments to the zoningordinance.

E. The adoption or amendment prior to March 1, 1968, of any plan or ordinanceunder the authority of prior acts shall not be declared invalid by reason ofa failure to advertise, give notice or conduct more than one public hearingas may be required by such act or by this chapter, provided a public hearingwas conducted by the governing body prior to the adoption or amendment.

F. Every action contesting a decision of the local governing body adopting orfailing to adopt a proposed zoning ordinance or amendment thereto or grantingor failing to grant a special exception shall be filed within thirty days ofthe decision with the circuit court having jurisdiction of the land affectedby the decision. However, nothing in this subsection shall be construed tocreate any new right to contest the action of a local governing body.

(Code 1950, 15-822, 15-846, 15-968.7; 1962, c. 407, 15.1-493; 1964, c.279; 1968, c. 652; 1970, c. 216; 1972, c. 818; 1975, c. 641; 1984, c. 175;1988, cc. 573, 733, 856; 1989, c. 359; 1990, c. 475; 1991, c. 235; 1996, c.867; 1997, c. 587.)