{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-4802.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-4802.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-4802.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-4802.html"}],"law_id":67530,"edition_id":1,"section_id":67530,"structure_id":15785,"section_number":"15.2-4802","catch_line":"Creation of district","history":"1997, c. 587.","full_text":"A\n\nA district shall be created under this chapter only by a resolution of the board of supervisors upon the petition of the owners of at least 51 percent of either the assessed value of land or land area of the real property of the county that is within the boundaries of the proposed district and that (i) is unimproved, regardless of zoning, or (ii) has been zoned for commercial or industrial use or is used for such purposes. Any proposed district may include land within a town located in such county. Such petition shall:1\n\nSet forth the name and describe the boundaries of the proposed district;2\n\nDescribe the transportation facilities proposed within the district;3\n\nDescribe a proposed plan for providing such transportation facilities within the district and describe specific terms and conditions with respect to all zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed district;4\n\nDescribe the benefits that can be expected from the provision of such transportation facilities within the district; and5\n\nRequest the board of supervisors to establish the proposed district for the purposes set forth in the petition.B\n\nUpon the filing of such a petition, the board of supervisors shall fix a day for a hearing on the question of whether the proposed district shall be created. The hearing shall consider whether the residents and owners of property within the proposed district would benefit from the establishment of the proposed district. All interested persons who either reside in or who own real property within the boundaries of the proposed district shall have the right to appear and show cause why any property or properties should not be included in the proposed district. If real property located within a town is included in the proposed district, the board of supervisors shall deliver a copy of the petition and notice of the public hearing thereon to the town council at least 30 days prior to the public hearing, and the town council may, by resolution duly passed, determine if it wishes such property located within the town to be included within the proposed district and shall deliver a copy of any such resolution to the board of supervisors with respect to the inclusion or exclusion of such properties within the proposed district; however, the petition shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the hearing shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation within the county as designated by the board of supervisors. At least 10 days shall intervene between the completion of the publication and the date set for the hearing. The publication shall be considered complete on the twenty-first day after the first publication.C\n\nIf the board of supervisors finds the creation of the proposed district would be in accordance with the comprehensive plan for the development of the area, in the best interests of the residents and owners of the property within the proposed district, and in furtherance of the public health, safety, and general welfare, it shall pass a resolution creating the district, which resolution shall be reasonably consistent with the petition. The resolution shall provide (i) a description with specific terms and conditions of all zoning classifications that shall be in force in the district upon its creation, together with any related criteria, and a term of years, not to exceed 20 years, as to which each zoning classification and each related criteria set forth therein shall not be eliminated, reduced, or restricted, except upon the written request or approval of the owner of any property affected by a change, or as specifically required to comply with the provisions of the Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.) or the regulations adopted pursuant thereto, or other state law, and (ii) that the district shall terminate no later than 35 years from the date of the resolution.\n\t\t\tAfter the public hearing, the board of supervisors shall deliver a true copy of its proposed resolution creating the district to the petitioning landowners or their attorney-in-fact. Any petitioning landowner may then withdraw its signature on the petition in writing at any time prior to the vote of the board of supervisors. If any signatures on the petition are withdrawn as provided herein, the board of supervisors may pass the proposed resolution in conformance herewith only upon certification that the petition continues to meet the provisions of subsection A with respect to minimum acreage or assessed value, as the case may be.D\n\nA district that proposes to construct or improve any portion of a two-lane primary highway that traverses an international airport at a county jurisdiction line shall be created in concert with the creation of a district in the adjoining county.E\n\nWhere unimproved property, regardless of zoning, is included in the resolution creating the district, the board of supervisors, upon approving the resolution, shall direct that a copy of the resolution be recorded in the land records of the circuit court for the judicial circuit in which that county is located, for each parcel of unimproved real property included in the district. For purposes of this section, &#8220;parcel&#8221; means tax map parcel.","order_by":null,"text":{"0":{"id":244668,"text":"A district shall be created under this chapter only by a resolution of the board of supervisors upon the petition of the owners of at least 51 percent of either the assessed value of land or land area of the real property of the county that is within the boundaries of the proposed district and that (i) is unimproved, regardless of zoning, or (ii) has been zoned for commercial or industrial use or is used for such purposes. Any proposed district may include land within a town located in such county. Such petition shall:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":244669,"text":"Set forth the name and describe the boundaries of the proposed district;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":244670,"text":"Describe the transportation facilities proposed within the district;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":244671,"text":"Describe a proposed plan for providing such transportation facilities within the district and describe specific terms and conditions with respect to all zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed district;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":244672,"text":"Describe the benefits that can be expected from the provision of such transportation facilities within the district; and","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":244673,"text":"Request the board of supervisors to establish the proposed district for the purposes set forth in the petition.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":244674,"text":"Upon the filing of such a petition, the board of supervisors shall fix a day for a hearing on the question of whether the proposed district shall be created. The hearing shall consider whether the residents and owners of property within the proposed district would benefit from the establishment of the proposed district. All interested persons who either reside in or who own real property within the boundaries of the proposed district shall have the right to appear and show cause why any property or properties should not be included in the proposed district. If real property located within a town is included in the proposed district, the board of supervisors shall deliver a copy of the petition and notice of the public hearing thereon to the town council at least 30 days prior to the public hearing, and the town council may, by resolution duly passed, determine if it wishes such property located within the town to be included within the proposed district and shall deliver a copy of any such resolution to the board of supervisors with respect to the inclusion or exclusion of such properties within the proposed district; however, the petition shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the hearing shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation within the county as designated by the board of supervisors. At least 10 days shall intervene between the completion of the publication and the date set for the hearing. The publication shall be considered complete on the twenty-first day after the first publication.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":244675,"text":"If the board of supervisors finds the creation of the proposed district would be in accordance with the comprehensive plan for the development of the area, in the best interests of the residents and owners of the property within the proposed district, and in furtherance of the public health, safety, and general welfare, it shall pass a resolution creating the district, which resolution shall be reasonably consistent with the petition. The resolution shall provide (i) a description with specific terms and conditions of all zoning classifications that shall be in force in the district upon its creation, together with any related criteria, and a term of years, not to exceed 20 years, as to which each zoning classification and each related criteria set forth therein shall not be eliminated, reduced, or restricted, except upon the written request or approval of the owner of any property affected by a change, or as specifically required to comply with the provisions of the Chesapeake Bay Preservation Act (&#xA7; 62.1-44.15:67 et seq.) or the regulations adopted pursuant thereto, or other state law, and (ii) that the district shall terminate no later than 35 years from the date of the resolution.\n\t\t\tAfter the public hearing, the board of supervisors shall deliver a true copy of its proposed resolution creating the district to the petitioning landowners or their attorney-in-fact. Any petitioning landowner may then withdraw its signature on the petition in writing at any time prior to the vote of the board of supervisors. If any signatures on the petition are withdrawn as provided herein, the board of supervisors may pass the proposed resolution in conformance herewith only upon certification that the petition continues to meet the provisions of subsection A with respect to minimum acreage or assessed value, as the case may be.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":244676,"text":"A district that proposes to construct or improve any portion of a two-lane primary highway that traverses an international airport at a county jurisdiction line shall be created in concert with the creation of a district in the adjoining county.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"9":{"id":244677,"text":"Where unimproved property, regardless of zoning, is included in the resolution creating the district, the board of supervisors, upon approving the resolution, shall direct that a copy of the resolution be recorded in the land records of the circuit court for the judicial circuit in which that county is located, for each parcel of unimproved real property included in the district. For purposes of this section, &#8220;parcel&#8221; means tax map parcel.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15785,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14542,"metadata":{},"date_created":"2026-06-26 03:59:31","date_modified":"2026-06-26 03:59:31","permalink":{"id":158261,"object_type":"structure","relational_id":15785,"identifier":"1","token":"15.2\/IV\/48\/1","url":"\/15.2\/IV\/48\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14542,"edition_id":1,"name":"Virginia Transportation Service District Act","identifier":"48","label":"chapter","depth":3,"order_by":1,"parent_id":12721,"metadata":{},"date_created":"2026-06-26 03:48:35","date_modified":"2026-06-26 03:48:35","permalink":{"id":158259,"object_type":"structure","relational_id":14542,"identifier":"48","token":"15.2\/IV\/48","url":"\/15.2\/IV\/48\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12721,"edition_id":1,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":157897,"object_type":"structure","relational_id":12721,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","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":82173,"structure_id":15785,"section_number":"15.2-4800","catch_line":"Short title; application","url":"\/15.2-4800\/","token":"15.2\/IV\/48\/1\/15.2-4800","metadata":false},{"id":65106,"structure_id":15785,"section_number":"15.2-4801","catch_line":"Definitions","url":"\/15.2-4801\/","token":"15.2\/IV\/48\/1\/15.2-4801","metadata":false},{"id":67530,"structure_id":15785,"section_number":"15.2-4802","catch_line":"Creation of district","url":"\/15.2-4802\/","token":"15.2\/IV\/48\/1\/15.2-4802","metadata":false},{"id":70451,"structure_id":15785,"section_number":"15.2-4803","catch_line":"Commission established","url":"\/15.2-4803\/","token":"15.2\/IV\/48\/1\/15.2-4803","metadata":false},{"id":67290,"structure_id":15785,"section_number":"15.2-4804","catch_line":"Creation of district advisory board","url":"\/15.2-4804\/","token":"15.2\/IV\/48\/1\/15.2-4804","metadata":false},{"id":63937,"structure_id":15785,"section_number":"15.2-4805","catch_line":"Powers and duties of commission","url":"\/15.2-4805\/","token":"15.2\/IV\/48\/1\/15.2-4805","metadata":false},{"id":60807,"structure_id":15785,"section_number":"15.2-4806","catch_line":"Annual special improvement tax; use of revenues","url":"\/15.2-4806\/","token":"15.2\/IV\/48\/1\/15.2-4806","metadata":false},{"id":63197,"structure_id":15785,"section_number":"15.2-4807","catch_line":"Allocation of funds to district","url":"\/15.2-4807\/","token":"15.2\/IV\/48\/1\/15.2-4807","metadata":false},{"id":71932,"structure_id":15785,"section_number":"15.2-4808","catch_line":"Reimbursement for advances to district","url":"\/15.2-4808\/","token":"15.2\/IV\/48\/1\/15.2-4808","metadata":false},{"id":71658,"structure_id":15785,"section_number":"15.2-4809","catch_line":"Cooperation between districts and adjoining localities","url":"\/15.2-4809\/","token":"15.2\/IV\/48\/1\/15.2-4809","metadata":false},{"id":68122,"structure_id":15785,"section_number":"15.2-4810","catch_line":"Tort liability","url":"\/15.2-4810\/","token":"15.2\/IV\/48\/1\/15.2-4810","metadata":false},{"id":62246,"structure_id":15785,"section_number":"15.2-4811","catch_line":"Approval by Commonwealth Transportation Board","url":"\/15.2-4811\/","token":"15.2\/IV\/48\/1\/15.2-4811","metadata":false}],"previous_section":{"id":65106,"structure_id":15785,"section_number":"15.2-4801","catch_line":"Definitions","url":"\/15.2-4801\/","token":"15.2\/IV\/48\/1\/15.2-4801","metadata":false},"next_section":{"id":70451,"structure_id":15785,"section_number":"15.2-4803","catch_line":"Commission established","url":"\/15.2-4803\/","token":"15.2\/IV\/48\/1\/15.2-4803","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-4802\/","history_text":"<p>This law was first created in 1997. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/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.<\/p>","references":[{"id":65106,"section_number":"15.2-4801","catch_line":"Definitions","order_by":null,"url":"\/15.2-4801\/"},{"id":70451,"section_number":"15.2-4803","catch_line":"Commission established","order_by":null,"url":"\/15.2-4803\/"},{"id":67290,"section_number":"15.2-4804","catch_line":"Creation of district advisory board","order_by":null,"url":"\/15.2-4804\/"},{"id":66334,"section_number":"15.2-4812","catch_line":"Enlargement of districts","order_by":null,"url":"\/15.2-4812\/"},{"id":84979,"section_number":"15.2-4813","catch_line":"Abolition of district","order_by":null,"url":"\/15.2-4813\/"},{"id":71565,"section_number":"15.2-4815","catch_line":"Jurisdiction of counties, towns and officers, etc., not affected","order_by":null,"url":"\/15.2-4815\/"}],"refers_to":[{"id":72347,"section_number":"62.1-44.15:67","catch_line":"Cooperative state-local program","order_by":null,"url":"\/62.1-44.15_67\/"}],"permalink":{"id":158271,"object_type":"law","relational_id":67530,"identifier":"15.2-4802","token":"15.2\/IV\/48\/1\/15.2-4802","url":"\/15.2-4802\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-4802\/","token":"15.2\/IV\/48\/1\/15.2-4802","dublin_core":{"Title":"Creation of district","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-4802","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> A <span class=\"dictionary\">district<\/span> shall be created under this chapter only by a resolution of the <span class=\"dictionary\">board of supervisors<\/span> upon the <span class=\"dictionary\">petition<\/span> of the <span class=\"dictionary\">owners<\/span> of at least 51 percent of either the assessed value of land or land area of the real property of the <span class=\"dictionary\">county<\/span> that is within the boundaries of the proposed <span class=\"dictionary\">district<\/span> and that (i) is unimproved, regardless of zoning, or (ii) has been zoned for commercial or industrial use or is used for such purposes. Any proposed <span class=\"dictionary\">district<\/span> may include land within a <span class=\"dictionary\">town<\/span> located in such <span class=\"dictionary\">county<\/span>. Such <span class=\"dictionary\">petition<\/span> shall: <a id=\"paragraph-244668\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Set forth the name and describe the boundaries of the proposed <span class=\"dictionary\">district<\/span>; <a id=\"paragraph-244669\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Describe the <span class=\"dictionary\">transportation facilities<\/span> proposed within the <span class=\"dictionary\">district<\/span>; <a id=\"paragraph-244670\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Describe a proposed plan for providing such <span class=\"dictionary\">transportation facilities<\/span> within the <span class=\"dictionary\">district<\/span> and describe specific terms and conditions with respect to all zoning classifications and uses, densities, and criteria related thereto that the petitioners request for the proposed <span class=\"dictionary\">district<\/span>; <a id=\"paragraph-244671\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Describe the benefits that can be expected from the provision of such <span class=\"dictionary\">transportation facilities<\/span> within the <span class=\"dictionary\">district<\/span>; and <a id=\"paragraph-244672\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> Request the <span class=\"dictionary\">board of supervisors<\/span> to establish the proposed <span class=\"dictionary\">district<\/span> for the purposes set forth in the <span class=\"dictionary\">petition<\/span>. <a id=\"paragraph-244673\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> Upon the filing of such a <span class=\"dictionary\">petition<\/span>, the <span class=\"dictionary\">board of supervisors<\/span> shall fix a day for a <span class=\"dictionary\">hearing<\/span> on the question of whether the proposed <span class=\"dictionary\">district<\/span> shall be created. The <span class=\"dictionary\">hearing<\/span> shall consider whether the residents and <span class=\"dictionary\">owners<\/span> of property within the proposed <span class=\"dictionary\">district<\/span> would benefit from the establishment of the proposed <span class=\"dictionary\">district<\/span>. All interested persons who either reside in or who own real property within the boundaries of the proposed <span class=\"dictionary\">district<\/span> shall have the right to appear and show cause why any property or properties should not be included in the proposed <span class=\"dictionary\">district<\/span>. If real property located within a <span class=\"dictionary\">town<\/span> is included in the proposed <span class=\"dictionary\">district<\/span>, the <span class=\"dictionary\">board of supervisors<\/span> shall deliver a copy of the <span class=\"dictionary\">petition<\/span> and notice of the public <span class=\"dictionary\">hearing<\/span> thereon to the <span class=\"dictionary\">town<\/span> <span class=\"dictionary\">council<\/span> at least 30 days prior to the public <span class=\"dictionary\">hearing<\/span>, and the <span class=\"dictionary\">town<\/span> <span class=\"dictionary\">council<\/span> may, by resolution duly passed, determine if it wishes such property located within the <span class=\"dictionary\">town<\/span> to be included within the proposed <span class=\"dictionary\">district<\/span> and shall deliver a copy of any such resolution to the <span class=\"dictionary\">board of supervisors<\/span> with respect to the inclusion or exclusion of such properties within the proposed <span class=\"dictionary\">district<\/span>; however, the <span class=\"dictionary\">petition<\/span> shall comply with the provisions of this section with respect to minimum acreage or assessed valuation. Notice of the <span class=\"dictionary\">hearing<\/span> shall be given by publication once a week for three consecutive weeks in a newspaper of general circulation within the <span class=\"dictionary\">county<\/span> as designated by the <span class=\"dictionary\">board of supervisors<\/span>. At least 10 days shall intervene between the completion of the publication and the date set for the <span class=\"dictionary\">hearing<\/span>. The publication shall be considered complete on the twenty-first day after the first publication. <a id=\"paragraph-244674\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> If the <span class=\"dictionary\">board of supervisors<\/span> finds the creation of the proposed <span class=\"dictionary\">district<\/span> would be in accordance with the comprehensive plan for the development of the area, in the best interests of the residents and <span class=\"dictionary\">owners<\/span> of the property within the proposed <span class=\"dictionary\">district<\/span>, and in furtherance of the public health, safety, and general welfare, it shall pass a resolution creating the <span class=\"dictionary\">district<\/span>, which resolution shall be reasonably consistent with the <span class=\"dictionary\">petition<\/span>. The resolution shall provide (i) a description with specific terms and conditions of all zoning classifications that shall be in force in the <span class=\"dictionary\">district<\/span> upon its creation, together with any related criteria, and a term of years, not to exceed 20 years, as to which each zoning classification and each related criteria set forth therein shall not be eliminated, reduced, or restricted, except upon the written request or approval of the <span class=\"dictionary\">owner<\/span> of any property affected by a change, or as specifically required to comply with the provisions of the Chesapeake Bay Preservation Act (&#xA7; <a class=\"law\" title=\"Cooperative state-local program\" href=\"\/62.1-44.15_67\/\">62.1-44.15:67<\/a> et seq.) or the regulations adopted pursuant thereto, or other state <span class=\"dictionary\">law<\/span>, and (ii) that the <span class=\"dictionary\">district<\/span> shall terminate no later than 35 years from the date of the resolution.\n\t\t\tAfter the public <span class=\"dictionary\">hearing<\/span>, the <span class=\"dictionary\">board of supervisors<\/span> shall deliver a true copy of its proposed resolution creating the <span class=\"dictionary\">district<\/span> to the petitioning <span class=\"dictionary\">landowners<\/span> or their <span class=\"dictionary\">attorney-in-<span class=\"dictionary\">fact<\/span><\/span>. Any petitioning <span class=\"dictionary\">landowner<\/span> may then withdraw its signature on the <span class=\"dictionary\">petition<\/span> in writing at any time prior to the vote of the <span class=\"dictionary\">board of supervisors<\/span>. If any signatures on the <span class=\"dictionary\">petition<\/span> are withdrawn as provided herein, the <span class=\"dictionary\">board of supervisors<\/span> may pass the proposed resolution in conformance herewith only upon certification that the <span class=\"dictionary\">petition<\/span> continues to meet the provisions of subsection A with respect to minimum acreage or assessed value, as the case may be. <a id=\"paragraph-244675\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> A <span class=\"dictionary\">district<\/span> that proposes to construct or improve any portion of a two-lane primary highway that traverses an international airport at a <span class=\"dictionary\">county<\/span> <span class=\"dictionary\">jurisdiction<\/span> line shall be created in concert with the creation of a <span class=\"dictionary\">district<\/span> in the adjoining <span class=\"dictionary\">county<\/span>. <a id=\"paragraph-244676\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Where unimproved property, regardless of zoning, is included in the resolution creating the <span class=\"dictionary\">district<\/span>, the <span class=\"dictionary\">board of supervisors<\/span>, upon approving the resolution, shall direct that a copy of the resolution be recorded in the land records of the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> for the judicial <span class=\"dictionary\">circuit<\/span> in which that <span class=\"dictionary\">county<\/span> is located, for each <span class=\"dictionary\">parcel<\/span> of unimproved real property included in the <span class=\"dictionary\">district<\/span>. For purposes of this section, &#8220;<span class=\"dictionary\">parcel<\/span>&#8221; means tax map <span class=\"dictionary\">parcel<\/span>. <a id=\"paragraph-244677\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4802\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCREATION OF DISTRICT (\u00a7 15.2-4802)\n\nA. A district shall be created under this chapter only by a resolution of the\nboard of supervisors upon the petition of the owners of at least 51 percent of\neither the assessed value of land or land area of the real property of the\ncounty that is within the boundaries of the proposed district and that (i) is\nunimproved, regardless of zoning, or (ii) has been zoned for commercial or\nindustrial use or is used for such purposes. Any proposed district may include\nland within a town located in such county. Such petition shall:\n\n   1. Set forth the name and describe the boundaries of the proposed district;\n\n   2. Describe the transportation facilities proposed within the district;\n\n   3. Describe a proposed plan for providing such transportation facilities\n   within the district and describe specific terms and conditions with respect to\n   all zoning classifications and uses, densities, and criteria related thereto\n   that the petitioners request for the proposed district;\n\n   4. Describe the benefits that can be expected from the provision of such\n   transportation facilities within the district; and\n\n   5. Request the board of supervisors to establish the proposed district for the\n   purposes set forth in the petition.\n\nB. Upon the filing of such a petition, the board of supervisors shall fix a day\nfor a hearing on the question of whether the proposed district shall be created.\nThe hearing shall consider whether the residents and owners of property within\nthe proposed district would benefit from the establishment of the proposed\ndistrict. All interested persons who either reside in or who own real property\nwithin the boundaries of the proposed district shall have the right to appear\nand show cause why any property or properties should not be included in the\nproposed district. If real property located within a town is included in the\nproposed district, the board of supervisors shall deliver a copy of the petition\nand notice of the public hearing thereon to the town council at least 30 days\nprior to the public hearing, and the town council may, by resolution duly\npassed, determine if it wishes such property located within the town to be\nincluded within the proposed district and shall deliver a copy of any such\nresolution to the board of supervisors with respect to the inclusion or\nexclusion of such properties within the proposed district; however, the petition\nshall comply with the provisions of this section with respect to minimum acreage\nor assessed valuation. Notice of the hearing shall be given by publication once\na week for three consecutive weeks in a newspaper of general circulation within\nthe county as designated by the board of supervisors. At least 10 days shall\nintervene between the completion of the publication and the date set for the\nhearing. The publication shall be considered complete on the twenty-first day\nafter the first publication.\n\nC. If the board of supervisors finds the creation of the proposed district would\nbe in accordance with the comprehensive plan for the development of the area, in\nthe best interests of the residents and owners of the property within the\nproposed district, and in furtherance of the public health, safety, and general\nwelfare, it shall pass a resolution creating the district, which resolution\nshall be reasonably consistent with the petition. The resolution shall provide\n(i) a description with specific terms and conditions of all zoning\nclassifications that shall be in force in the district upon its creation,\ntogether with any related criteria, and a term of years, not to exceed 20 years,\nas to which each zoning classification and each related criteria set forth\ntherein shall not be eliminated, reduced, or restricted, except upon the written\nrequest or approval of the owner of any property affected by a change, or as\nspecifically required to comply with the provisions of the Chesapeake Bay\nPreservation Act (&#xA7; 62.1-44.15:67 et seq.) or the regulations adopted\npursuant thereto, or other state law, and (ii) that the district shall terminate\nno later than 35 years from the date of the resolution.\n\t\t\tAfter the public hearing, the board of supervisors shall deliver a true copy\nof its proposed resolution creating the district to the petitioning landowners\nor their attorney-in-fact. Any petitioning landowner may then withdraw its\nsignature on the petition in writing at any time prior to the vote of the board\nof supervisors. If any signatures on the petition are withdrawn as provided\nherein, the board of supervisors may pass the proposed resolution in conformance\nherewith only upon certification that the petition continues to meet the\nprovisions of subsection A with respect to minimum acreage or assessed value, as\nthe case may be.\n\nD. A district that proposes to construct or improve any portion of a two-lane\nprimary highway that traverses an international airport at a county jurisdiction\nline shall be created in concert with the creation of a district in the\nadjoining county.\n\nE. Where unimproved property, regardless of zoning, is included in the\nresolution creating the district, the board of supervisors, upon approving the\nresolution, shall direct that a copy of the resolution be recorded in the land\nrecords of the circuit court for the judicial circuit in which that county is\nlocated, for each parcel of unimproved real property included in the district.\nFor purposes of this section, &#8220;parcel&#8221; means tax map parcel.\n\nHISTORY: 1997, c. 587.","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}}