CODE OF VIRGINIA

PREPARATION AND ADOPTION OF ZONING ORDINANCE AND MAP AND AMENDMENTS THERETO;
APPEAL (§ 15.2-2285)

A. The planning commission of each locality may, and at the direction of the
governing body shall, prepare a proposed zoning ordinance including a map or
maps showing the division of the territory into districts and a text setting
forth the regulations applying in each district. The commission shall hold at
least one public hearing on a proposed ordinance or any amendment of an
ordinance, after notice as required by § 15.2-2204, and may make appropriate
changes in the proposed ordinance or amendment as a result of the hearing. Upon
the completion of its work, the commission shall present the proposed ordinance
or amendment including the district maps to the governing body together with its
recommendations and appropriate explanatory materials.

B. No zoning ordinance shall be amended or reenacted unless the governing body
has referred the proposed amendment or reenactment to the local planning
commission for its recommendations. Failure of the commission to report 100 days
after the first meeting of the commission after the proposed amendment or
reenactment has been referred to the commission, or such shorter period as may
be prescribed by the governing body, shall be deemed approval, unless the
proposed amendment or reenactment has been withdrawn by the applicant prior to
the expiration of the time period. In the event of and upon such withdrawal,
processing of the proposed amendment or reenactment shall cease without further
action as otherwise would be required by this subsection.

C. Before approving and adopting any zoning ordinance or amendment thereof, the
governing body shall hold at least one public hearing thereon, pursuant to
public notice as required by § 15.2-2204, after which the governing body may
make appropriate changes or corrections in the ordinance or proposed amendment.
In the case of a proposed amendment to the zoning map, the public notice shall
state the general usage and density range of the proposed amendment and the
general usage and density range, if any, set forth in the applicable part of the
comprehensive plan. However, no land may be zoned to a more intensive use
classification than was contained in the public notice without an additional
public hearing after notice required by § 15.2-2204. Zoning ordinances shall be
enacted in the same manner as all other ordinances.

D. Any county which has adopted an urban county executive form of government
provided for under Chapter 8 (§ 15.2-800 et seq.) may provide by ordinance for
use of plans, profiles, elevations, and other such demonstrative materials in
the presentation of requests for amendments to the zoning ordinance.

E. The adoption or amendment prior to March 1, 1968, of any plan or ordinance
under the authority of prior acts shall not be declared invalid by reason of a
failure to advertise, give notice or conduct more than one public hearing as may
be required by such act or by this chapter, provided a public hearing was
conducted by the governing body prior to the adoption or amendment.

F. Every action contesting a decision of the local governing body adopting or
failing to adopt a proposed zoning ordinance or amendment thereto or granting or
failing to grant a special exception shall be filed within thirty days of the
decision with the circuit court having jurisdiction of the land affected by the
decision. However, nothing in this subsection shall be construed to create any
new right to contest the action of a local governing body.

HISTORY: Code 1950, §§ 15-822, 15-846, 15-968.7; 1962, c. 407, § 15.1-493;
1964, c. 279; 1968, c. 652; 1970, c. 216; 1972, c. 818; 1975, c. 641; 1984, c.
175; 1988, cc. 573, 733, 856; 1989, c. 359; 1990, c. 475; 1991, c. 235; 1996, c.
867; 1997, c. 587.