                                 CODE OF VIRGINIA

ESTABLISHMENT OR EXTENSION OF THE BUSINESS IMPROVEMENT AND RECRUITMENT DISTRICT
(§ 15.2-2413.16)

A. Not earlier than 30 days after the conclusion of the last day of the public
hearing held pursuant to § 15.2-2413.15, the governing body of the locality
that conducted the hearing process shall determine:

   1. Whether the notice of hearing for all hearings required to be held was
   published and mailed as required by law and is otherwise sufficient;

   2. Whether all the businesses charged a fee within the boundaries of the
   proposed business improvement and recruitment district or extension will
   benefit from the establishment or extension of the business improvement and
   recruitment district; and

   3. Whether the establishment or extension of the business improvement and
   recruitment district is in the public interest.

B. If the locality determines the question of subdivision A 3 in the negative,
or if the requisite number of owners file objections as provided in subsection B
of &#xA7; 15.2-2413.15, the locality shall not establish or extend the business
improvement and recruitment district, as applicable. Thereafter, no plan for the
establishment or extension of a business improvement and recruitment district to
include any business proposed to be included in the disapproved business
improvement and recruitment district may be submitted until the expiration of at
least one year from the date of disapproval.

C. If the locality shall find that notice was incorrectly or insufficiently
given or that any business charged a fee within the boundaries of the proposed
business improvement and recruitment district or extension is not benefited
thereby or that certain businesses benefited thereby had not been included
therein, it shall call a further hearing at a definite place and time not less
than 10 days and not more than 30 days after this determination. In the
resolution calling such hearing, it shall specify the necessary changes, if any,
to the boundaries of the proposed business improvement and recruitment district
or extension to be made in order that all of the benefited businesses are
included in the general business improvement and recruitment district, and only
those businesses deemed benefited shall be subject to fees within such business
improvement and recruitment district. Notice of the further hearing shall be
published and mailed in the manner provided in &#xA7; 15.2-2413.15, except that,
where boundaries are to be altered, this notice shall also specify the manner in
which it is proposed to alter the boundaries of the proposed business
improvement and recruitment district or extension. The further hearing shall be
conducted in the same manner as the original hearing.

D. If a locality determines in the affirmative all questions in subsection A, it
may by ordinance establish a business improvement and recruitment district and
any ordinances provided for in &#xA7; 15.2-2413.17.

HISTORY: 2023, c. 745.