{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2308.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2308.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2308.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2308.1.html"}],"law_id":60938,"edition_id":1,"section_id":60938,"structure_id":12775,"section_number":"15.2-2308.1","catch_line":"Boards of zoning appeals, ex parte communications, proceedings","history":"2015, c. 597; 2023, c. 536.","full_text":"A\n\nThe non-legal staff of the governing body may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited.B\n\nAny materials relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to such applicant, appellant or other person aggrieved under § 15.2-2314, as soon as practicable thereafter, but in no event more than three business days of providing such materials to a member of the board. If the applicant, appellant or other person aggrieved under § 15.2-2314 requests additional documents or materials be provided by the locality other than those materials provided to the board, such request shall be made pursuant to § 2.2-3704. Any such materials furnished to a member of the board shall also be made available for public inspection pursuant to subsection G of § 2.2-3707.C\n\nFor the purposes of this section, “non-legal staff of the governing body” means any staff who is not in the office of the attorney for the locality, or for the board, or who is appointed by special law or pursuant to § 15.2-1542. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality.D\n\nThis section shall not apply to cases where an application for a special exception has been filed pursuant to subdivision 6 of § 15.2-2309.","order_by":null,"text":{"0":{"id":222878,"text":"The non-legal staff of the governing body may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222879,"text":"Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to such applicant, appellant or other person aggrieved under § 15.2-2314, as soon as practicable thereafter, but in no event more than three business days of providing such materials to a member of the board. If the applicant, appellant or other person aggrieved under § 15.2-2314 requests additional documents or materials be provided by the locality other than those materials provided to the board, such request shall be made pursuant to § 2.2-3704. Any such materials furnished to a member of the board shall also be made available for public inspection pursuant to subsection G of § 2.2-3707.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222880,"text":"For the purposes of this section, “non-legal staff of the governing body” means any staff who is not in the office of the attorney for the locality, or for the board, or who is appointed by special law or pursuant to § 15.2-1542. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222881,"text":"This section shall not apply to cases where an application for a special exception has been filed pursuant to subdivision 6 of § 15.2-2309.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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membership, organization, etc","url":"\/15.2-2308\/","token":"15.2\/II\/22\/7\/15.2-2308","metadata":false},"next_section":{"id":55804,"structure_id":12775,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","url":"\/15.2-2309\/","token":"15.2\/II\/22\/7\/15.2-2309","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2308.1\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapter 597<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2023, chapter 536<\/a>.<\/p>","references":false,"refers_to":[{"id":65814,"section_number":"15.2-1542","catch_line":"Creation of office of county, city or town attorney authorized; appointment, salary and duties","order_by":null,"url":"\/15.2-1542\/"},{"id":55804,"section_number":"15.2-2309","catch_line":"Powers and duties of boards of zoning appeals","order_by":null,"url":"\/15.2-2309\/"},{"id":64121,"section_number":"15.2-2314","catch_line":"Certiorari to review decision of board","order_by":null,"url":"\/15.2-2314\/"},{"id":55816,"section_number":"2.2-3704","catch_line":"Public records to be open to inspection; procedure for requesting records and responding to request; charges; transfer of records for storage, etc","order_by":null,"url":"\/2.2-3704\/"}],"permalink":{"id":155443,"object_type":"law","relational_id":60938,"identifier":"15.2-2308.1","token":"15.2\/II\/22\/7\/15.2-2308.1","url":"\/15.2-2308.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2308.1\/","token":"15.2\/II\/22\/7\/15.2-2308.1","dublin_core":{"Title":"Boards of zoning appeals, ex parte communications, proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2308.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The non-legal staff of the governing body<\/span> may have ex parte<\/span> communications with a member of the board prior to the hearing<\/span> but may not discuss the facts<\/span> or law<\/span> relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte<\/span> communications with a member of the board prior to the hearing<\/span> but may not discuss the facts<\/span> or law<\/span> relative to a particular case. If any ex parte<\/span> discussion of facts<\/span> or law<\/span> in fact<\/span> occurs, the party<\/span> engaging in such communication shall inform the other party<\/span> as soon as practicable and advise the other party<\/span> of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte<\/span> communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any materials<\/span> relating to a particular case, including a staff recommendation or report furnished to a member of the board, shall be made available without cost to such applicant, appellant<\/span> or other person aggrieved under § 15.2-2314<\/a>, as soon as practicable thereafter, but in no event more than three business days of providing such materials<\/span> to a member of the board. If the applicant, appellant<\/span> or other person aggrieved under § 15.2-2314<\/a> requests additional documents or materials<\/span> be provided by the locality<\/span> other than those materials<\/span> provided to the board, such request shall be made pursuant to § 2.2-3704<\/a>. Any such materials<\/span> furnished to a member of the board shall also be made available for public inspection pursuant to subsection G of § 2.2-3707<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For the purposes of this section, “non-legal staff of the governing body<\/span>” means any staff who is not in the office of the attorney for the locality<\/span>, or for the board, or who is appointed by special law<\/span> or pursuant to § 15.2-1542<\/a>. Nothing in this section shall preclude the board from having ex parte<\/span> communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege<\/span> or other similar privilege<\/span> or protection of confidentiality. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section shall not apply to cases where an application for a special exception<\/span> has been filed pursuant to subdivision 6 of § 15.2-2309<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBOARDS OF ZONING APPEALS, EX PARTE COMMUNICATIONS, PROCEEDINGS (\u00a7 15.2-2308.1)\n\nA. The non-legal staff of the governing body may have ex parte communications\nwith a member of the board prior to the hearing but may not discuss the facts or\nlaw relative to a particular case. The applicant, landowner or his agent or\nattorney may have ex parte communications with a member of the board prior to\nthe hearing but may not discuss the facts or law relative to a particular case.\nIf any ex parte discussion of facts or law in fact occurs, the party engaging in\nsuch communication shall inform the other party as soon as practicable and\nadvise the other party of the substance of such communication. For purposes of\nthis section, regardless of whether all parties participate, ex parte\ncommunications shall not include (i) discussions as part of a public meeting or\n(ii) discussions prior to a public meeting to which staff of the governing body,\nthe applicant, landowner or his agent or attorney are all invited.\n\nB. Any materials relating to a particular case, including a staff recommendation\nor report furnished to a member of the board, shall be made available without\ncost to such applicant, appellant or other person aggrieved under §\n15.2-2314, as soon as practicable thereafter, but in no event more than three\nbusiness days of providing such materials to a member of the board. If the\napplicant, appellant or other person aggrieved under § 15.2-2314 requests\nadditional documents or materials be provided by the locality other than those\nmaterials provided to the board, such request shall be made pursuant to §\n2.2-3704. Any such materials furnished to a member of the board shall also be\nmade available for public inspection pursuant to subsection G of §\n2.2-3707.\n\nC. For the purposes of this section, “non-legal staff of the governing\nbody” means any staff who is not in the office of the attorney for the\nlocality, or for the board, or who is appointed by special law or pursuant to\n§ 15.2-1542. Nothing in this section shall preclude the board from having\nex parte communications with any attorney or staff of any attorney where such\ncommunication is protected by the attorney-client privilege or other similar\nprivilege or protection of confidentiality.\n\nD. This section shall not apply to cases where an application for a special\nexception has been filed pursuant to subdivision 6 of § 15.2-2309.\n\nHISTORY: 2015, c. 597; 2023, c. 536.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}