                                 CODE OF VIRGINIA

DISCLOSURES IN LAND USE PROCEEDINGS (§ 15.2-852)

A. Each individual member of the board of supervisors, the planning commission,
and the board of zoning appeals in any proceeding before each such body
involving an application for a special exception or variance or involving an
application for amendment of a zoning ordinance map, which does not constitute
the adoption of a comprehensive zoning plan, an ordinance applicable throughout
the county, or an application filed by the board of supervisors that involves
more than 10 parcels that are owned by different individuals, trusts,
corporations, or other entities, shall, prior to any hearing on the matter or at
such hearing, make a full public disclosure of any business or financial
relationship which such member has, or has had within the 12-month period prior
to such hearing, (i) with the applicant in such case, or (ii) with the title
owner, contract purchaser or lessee of the land that is the subject of the
application, except, in the case of a condominium, with the title owner,
contract purchaser, or lessee of 10% or more of the units in the condominium, or
(iii) if any of the foregoing is a trustee (other than a trustee under a
corporate mortgage or deed of trust securing one or more issues of corporate
mortgage bonds), with any trust beneficiary having an interest in such land, or
(iv) with the agent, attorney or real estate broker of any of the foregoing. For
the purpose of this subsection, &#8220;business or financial relationship&#8221;
means any relationship (other than any ordinary customer or depositor
relationship with a retail establishment, public utility or bank) such member,
or any member of the member&#8217;s immediate household, either directly or by
way of a partnership in which any of them is a partner, employee, agent or
attorney, or through a partner of any of them, or through a corporation in which
any of them is an officer, director, employee, agent or attorney or holds 10
percent or more of the outstanding bonds or shares of stock of a particular
class, has, or has had within the 12-month period prior to such hearing, with
the applicant in the case, or with the title owner, contract purchaser or lessee
of the subject land, except, in the case of a condominium, with the title owner,
contract purchaser, or lessee of 10% or more of the units in the condominium, or
with any of the other persons above specified. For the purpose of this
subsection &#8220;business or financial relationship&#8221; also means the
receipt by the member, or by any person, firm, corporation or committee in his
behalf from the applicant in the case or from the title owner, contract
purchaser or lessee of the subject land, except, in the case of a condominium,
with the title owner, contract purchaser, or lessee of 10% or more of the units
in the condominium, or from any of the other persons above specified, during the
12-month period prior to the hearing in such case, of any gift or donation
having a value of more than $100, singularly or in the aggregate.
			If at the time of the hearing in any such case such member has a relationship
of employee-employer, agent-principal, or attorney-client with the applicant in
the case or with the title owner, contract purchaser or lessee of the subject
land except, in the case of a condominium, with the title owner, contract
purchaser, or lessee of 10% or more of the units in the condominium, or with any
of the other persons above specified, that member shall, prior to any hearing on
the matter or at such hearing, make a full public disclosure of such
employee-employer, agent-principal, or attorney-client relationship and shall be
ineligible to vote or participate in any way in such case or in any hearing
thereon.

B. In any case described in subsection A pending before the board of
supervisors, planning commission or board of zoning appeals, the applicant in
the case shall, prior to any hearing on the matter, file with the board or
commission a statement in writing and under oath identifying by name and last
known address each person, corporation, partnership or other association
specified in the first paragraph of subsection A. The requirements of this
section shall be applicable only with respect to those so identified.

C. Any person knowingly and willfully violating the provisions of this section
shall be guilty of a Class 1 misdemeanor.

HISTORY: 1968, c. 774, § 15.1-73.4; 1970, c. 654; 1988, c. 879; 1997, c. 587;
2004, cc. 498, 552; 2006, cc. 9, 287, 317; 2014, c. 743.