                                 CODE OF VIRGINIA

BOARDS OF ZONING APPEALS, EX PARTE COMMUNICATIONS, PROCEEDINGS (§ 15.2-2308.1)

A. 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.

B. 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 &#xA7;
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 &#xA7; 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 &#xA7;
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 &#xA7;
2.2-3707.

C. For the purposes of this section, &#8220;non-legal staff of the governing
body&#8221; 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
&#xA7; 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. This section shall not apply to cases where an application for a special
exception has been filed pursuant to subdivision 6 of &#xA7; 15.2-2309.

HISTORY: 2015, c. 597; 2023, c. 536.