A. At any time after the establishment or extension of a business improvement and recruitment district pursuant to the provisions of this article, the business improvement and recruitment district plan upon which the establishment or extension was based may be amended by the locality after compliance with the procedures set forth in this section.

Terms Used In Virginia Code 15.2-2413.18

  • Activities: means any programs or services provided for (i) the purposes of recruiting businesses to relocate in the business improvement and recruitment district and (ii) conferring specific benefits upon the businesses that are located in the business improvement and recruitment district and to which a fee is charged. See Virginia Code 15.2-2413.12
  • Business: means a business of any kind located in a business improvement and recruitment district. See Virginia Code 15.2-2413.12
  • Business fee: means any fee charged to a benefited business pursuant to this article. See Virginia Code 15.2-2413.12
  • Business improvement and recruitment district: means a district established by a locality under the provisions of this article within a Main Street District. See Virginia Code 15.2-2413.12
  • Business improvement and recruitment district plan: means a proposal for a business improvement and recruitment district under the provisions of this article. See Virginia Code 15.2-2413.12
  • Fee: means a fee charged by a locality in accordance with a business improvement and recruitment district plan. See Virginia Code 15.2-2413.12
  • Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
  • Locality: means any county, city, or town in the Commonwealth. See Virginia Code 15.2-2413.12

B. Amendments to the business improvement and recruitment district plan that provide for changes to the boundaries of such district or any change in the method of determining fees upon which the business fee is based may be adopted by ordinance, provided that the locality shall, after a public hearing, determine that it is in the public interest to authorize the changes to the boundaries of such district or the changes to the method of determining fees. The locality shall give notice of the hearing by publication of a notice on the locality’s website or in at least one newspaper having general circulation in the business improvement and recruitment district specifying the time and place of the hearing and stating any changes to the boundaries of such district or any change in the method of determining fees upon which the business fee is based. The notice shall be published at least 10 days prior to the date specified for the hearing.

C. Amendments to the business improvement and recruitment district plan that provide for such district to incur indebtedness in order to provide for additional activities, that provide for an increase only in the amount to be expended annually for activities, or that provide for an increase in the total maximum amount to be expended for activities in the business improvement and recruitment district may be adopted by ordinance. Prior to the adoption of an ordinance making one or more of the amendments as described in this subsection, the governing body shall, after a public hearing, determine that it is in the public interest to authorize the business improvement and recruitment district to incur indebtedness to provide for additional activities, to increase the amount to be expended annually, or to increase the total maximum amount to be expended for activities in the business improvement and recruitment district, or any applicable combination of the foregoing. Notice of the hearing shall be published and mailed in the manner provided in § 15.2-2413.15.

2023, c. 745.

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