CHAPTER 774

An Act to amend the Code of Virginia, by adding a section numbered
15.1-78.4, relating to certain disclosures to be made by urban county
boards of supervisors in certain zoning application hearings. H 73}

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
15.1-73.4, as follows:

§ 15.1-73.4. (a) In any county having a population in excess of two
hundred and forty thousand inhabitants and having adopted an urban
county form of government pursuant to Chapter 15 of Title 15-1 of the
Code of Virginia, each individual member of the urban county board of
supervisors, in any proceeding involving the amendment of a zoning ordi-
nance based upon an application for a change in a zoning map, which
does not constitute the adoption of a comprehensive zoning plan or ordi-
nance applicable throughout the political subdivision, 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 twelve-month period prior to such hearing, with (1) the
applicant in such zoning case, or (2) with the title owner, contract pur-
chaser or lessee of the land to be rezoned, or (3) 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 (4) with the
agent, attorney or real estate broker of any of the foregoing. For the
purpose of this subparagraph, “business or financial relationship” shall
mean any such relationship (other than any ordinary customer relation-
ship with or by a retail establishment or public utility) which a member
of the urban county board of supervisors or any member of his 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 ten percent or more of the
outstanding bonds or shares of stock of a particular class, has, or has
had within the twelve-month period prior to such hearing, with the appli-
cant in the zoning case, or with the title owner, contract purchaser or
lessee of the land to be rezoned, or with any of the other persons above
specified. For the purpose of this subparagraph “business or financial re-
lationship” shall also mean the receipt by a member of the urban county
board of supervisors or by any person, firm, corporation or committee in
his behalf from the applicant in the zoning case or from the title owner,
contract purchaser or lessee of the land to be rezoned or from any of the
other persons above specified, during the twelve-month period prior to the
hearing in such zoning case, of any gift or donation having a value of one
hundred dollars or more.

If at the time of the hearing in any such zoning case a member of
such urban county board of supervisors has a business or financial in-
terest, as above defined, with the applicant in the zoning case or with
the title owner, contract purchaser or lessee of the land to be rezoned
or with any of the other persons above specified involving the specific
relationship, in any manner between them, of employee-employer, agent
principal, or attorney-client, he shall, prior to any hearing on the matte
or at such hearing, make a full public disclosure of such relationshij
and he shall be ineligible to vote or participate in any way in such cas
or in any hearing thereon.
(b) In any such zoning case described in subparagraph (a) hereo
pending before the urban county board of supervisors, the applicant it
the rezoning case shall, prior to any hearing on the matter, file with th
board a statement in writing and under oath identifying by name ant
last known address each person, corporation, partnership or other asso
ciation specified in the first paragraph of subsection (a) hereof; and the
requirements of this section shall be applicable only in respect to those sc
identified.

(c) Any person knowingly and willfully violating the provisions of
this section, shall be guilty of a misdemeanor.