                                 CODE OF VIRGINIA

ADVERTISEMENT OF PLANS, ORDINANCES, ETC.; JOINT PUBLIC HEARINGS; WRITTEN NOTICE
OF CERTAIN AMENDMENTS (§ 15.2-2204)

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 identify 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 twice in some newspaper published or having general
circulation in the locality, with the first notice appearing no more than 28
days before and the second notice appearing no less than five days before the
date of the meeting referenced in the notice; 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. The local planning commission and governing
body may hold a joint public hearing after public notice as set forth in this
subsection. If a joint hearing is held, then public notice as set forth in this
subsection need be given only by the governing body. In any instance in which a
locality has submitted a correct and timely notice request to such newspaper and
the newspaper fails to publish the notice, or publishes the notice incorrectly,
such locality shall be deemed to have met the notice requirements of this
subsection so long as the notice was published in the next available edition of
a newspaper having general circulation in the locality. 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 required by subsection A, the advertisement shall include the
street address or tax map parcel number of the parcels subject to the action.
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 that 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&#8217;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. One notice sent by registered, certified, or 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 planning commission shall make affidavit that such mailings have been made
and file such affidavit with the papers in the case. 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
required by subsection A, the advertisement shall include the street address or
tax map parcel number of the parcels as well as the approximate acreage subject
to the action. For more than 100 parcels of land, the advertisement may instead
include a description of the boundaries of the area subject to the changes and a
link to a map of the subject area. 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 (&#xA7; 15.2-2240 et seq.) 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
planning 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
planning 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&#8217;
association or proprietary lessees&#8217; 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&#8217;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 required by this section, written
notice shall also be given by the local planning 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 required by this section, written notice shall also be given by the local
planning commission, or its representative, at least 30 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
&#xA7; 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.

HISTORY: 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.; 2001, c. 406;
2002, c. 634; 2004, cc. 539, 799; 2005, c. 514; 2007, cc. 761, 813; 2011, c.
457; 2012, c. 548; 2013, cc. 149, 213; 2022, c. 478; 2023, cc. 506, 507; 2024,
cc. 225, 242; 2025, cc. 52, 171.