Chap. 215.—An ACT to amend chapter 482 of the 1928 acts of general assembly
of Virginia, entitled “An act to provide a new charter for the town of
Waynesboro, Virginia, and to repeal all acts or parts of acts in conflict
therewith, by adding a new section thereto, to be known as section 4-a,
sub-section 37, providing for the establishment of zoning districts. [H B 386]

Approved March 22, 1930

1. Be it enacted by the general assembly of Virginia, That the

charter of the town of Waynesboro, Virginia, be amended by adding
a new section thereto to be known as section 4-a, so as to read as fol-
lows: .
Section 4-a. That for the promotion of health, safety, morals,
comfort, prosperity, or general welfase of the general public, the coun-
cil or other governing body of the town may, by ordinance, divide the
area of the town into one or more districts of such shape and area
as may be deemed best suited to carry out the purposes of this act, and
in such district or districts may establish, set back building lines, regu-
late and restrict the location, erection, construction, reconstruction,
alteration, repair or use of buildings and other structures, their heights,
area and bulk, and percentage of lot to be occupied by buildings or
other structures, the size of yards, courts and other open spaces, and
the trade, industry, residence and other specific uses of the premises
in such district or districts.

(2) All such regulations shall be uniform for each class or kind
of building throughout each district, but the regulations in one district
may differ from those in other districts.

(3) Such regulations shall be made in accordance with a compre-
hensive plan, and designed to lessen congestion in the streets, to secure
safety from fire, panic and other dangers, to promote health and the
general welfare; to provide adequate light and air; to prevent the over-
crowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks and other public requirements. Such regulations shall
be made with reasonable consideration, among other things, to the char-
acter of the district and its peculiar suitability for particular uses, and
with a view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the town.

(4) The council or other governing body of the town shall pro-
vide for the manner in which such regulations and restrictions and the
boundaries of such districts shall be determined, established and en-
forced, and from time to time. amended, supplemented or changed.
However, no such regulation, restriction or boundary shall become ef-
fective until after a public hearing in relation thereto, at which parties
in interest and citizens shall have an opportunity to be heard. At least
fifteen days’ notice of the time and place of such hearing shall be pub-
lished in an official paper, or a paper of general publication in the
town.

(5) Such regulations, restrictions and boundaries may from time
to time be amended, supplemented, changed, modified or repealed. In
case, however, of a protest against such change signed by the owners
of twenty per centum or more either of the area of the lots included
in such proposed change, or of those immediately adjacent in the rear
thereof or of those directly opposite thereto, such amendment shall not
become effective except by the favorable vote of three-fourths of all
the members of the council or other governing body of the town. The
provisions of the previous section relative to public hearings and of-
ficial notice shall apply equally to all changes or amendments.

(6) In order to avail itself of the powers conferred by this act
the circuit court of Augusta county shall appoint a commission to be
known as the zoning commission to recommend. the boundaries of
the various original districts and appropriate regulations to be enforced
therein. Such commission shall submit its final report, and such coun-
cil or other governing body shall not hold its public hearings or take
action until it has received the final report of such commission. Where
a city plan commission already exists, it may be appointed as the
zoning commission.

(7) Such circuit court of Augusta county may provide for the
appointment of a board of zoning appeals, and in the regulations and
restrictions adopt pursuant to the authority of this act may provide
that the said board of zoning appeals may, in appropriate cases and
subject to appropriate conditions and safeguards vary the application of
the terms of the ordinance in harmony with its general purpose and
mtent and in accordance with general or specific rules therein con-
tained.

(8) The board of zoning appeals shall consist of five members
each to be appointed for a term of three years and removable for
cause by the appointing authority, upon written charges and after
public hearing. Vacancies shall be filled for the unexpired term of
any member whose term becomes vacant.

(9) The board shall adopt rules in accordance with the provisions
of any ordinance adopted pursuant to this act. Meetings of the board
shall be held at the call of the chairman and at such other times as
the board may determine. Such chairman, or in his absence, the acting
chairman, may administer oaths and compel the attendance of witnesses.
All meetings of the board shall be open to the public. The board shall
keep minutes of its proceedings, showing the vote of each member upon
each question, or if absent or failing to vote, indicating such fact, and
shall keep records of its examinations and other official actions, all of
which shall be immediately filed in the office of the board and shall! be
a public record.

(10) Appeals to the board of zoning appeals may be taken by any
person aggrieved or by any officer, department, board or bureau of the
town affected by any decision of the administrative officer. Such
appeal shall be taken within a reasonable time as provided by the rules
of the board by filing with the officer from whom the appeal is taken
and with the board of zoning appeals a notice of appeal specifying the
grounds thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board all the papers constituting the record
upon which the action appealed from was taken.

(11) An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken certi-
fies to the board of zoning appeals after the notice of appeal shall have
been filed with him that by reason of facts stated in the certificate a
stay would, in his opinion, cause imminent peril to life or property.
In such case proceedings shall not be stayed otherwise than by a re-
straining order which may be granted by the board of zoning appeals
or by a court record on application or notice to the officer from whom
the appeal is taken and on due cause shown.

(12) The board of zoning appeals shall fix a reasonable time for
the hearing of the appeal, give public notice thereof, as well as due
notice to the parties in interest, and decide the same within a reason-
able time. Upon the hearing any party may appear in person or by
agent or by attorney.

(13) The board of zoning appeals shall have the following
powers:

(a) To hear and decide appeals where it 1s alleged there is error in
any order, requirement, decision or determination made by an adminis-
trative official in the enforcement of this act or any ordinance adopted
pursuant thereto;

(b) To hear and decide special exceptions to the terms of the
ordinance upon which such board is required to pass under such ordi-
nance ;

(c) To authorize upon appeal in special cases such variance
from the terms of the ordinance as will not be contrary to the public
interest, where owing to special conditions a literal enforcement of
the provisions of the ordinances will result in unnecessary hardship,
and so that the spirit of the ordinance shall be observed and substantial
justice done.

(14) In exercising the above-mentioned powers such board may,
in conformity with the provisions of this act, ‘reverse, affirm, wholly
or partly, or may modify the order, requirement, decision or determi-
nation appealed from, and may make such order, requirement, decision
or determination as ought to be made, and to that end, shall have all the
powers of the officer from whom the appeal is taken.

(15) The concurring vote of three members of the board shall
be necessary to reverse any order, requirement, decision, or determina-
tion of any such administrative official, or to decide in favor of the
applicant on any matter upon which it is required to pass under any
such ordinance or to effect any variation in such ordinance.

(16) Any person or persons, jointly or severally aggrieved by any
decision of the board of zoning appeals, or any taxpayer, may present
to a department, board or bureau of the municipality, may present
to a court of record a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds of the
illegality. Such petition shall be presented to the court within thirty
days after the filing of the decision in the office of the board.

(17) Upon the presentation of such petition, the court may allow
a writ of certiorars directed to the board of zoning appeals to review
such decision of the board of zoning appeals and shall prescribe therein
the time within which a return thereto must be made and served upon
the relator’s attorney, which shall not be less than ten days and may be
extended by the court. The allowance of the writ shall not stay pro-
ceedings upon the decision appealed from, but the court may, on appli-
cation, on notice to the board and on due cause shown, grant a restrain-
ing order.

(18) The board of zoning appeals shall not be required to return
the original papers acted upon by it, but it shall be sufficient to return
certified or sworn copies thereof or of such portions thereof as may
be called for by such writ. The return shall concisely set forth such
other facts as may be pertinent and material to show the grounds of
the decision appealed: from and shall be verified.

(19) If, upon the hearing, it shall appear to the court that testi-
mony necessary for the proper disposition of the matter, it may take
evidence or appoint a commissioner to take such evidence as it may
direct and report the same to the court with its findings of fact and
conclusions of law, which shall constitute a part of the proceedings
upon which the determination of the court shall be made. The court
may reverse or affirm, wholly or partly, or may modify the decision
brought up for review.

(20) Costs shall not be allowed against the board, unless it shall
appear to the court that it acted with gross negligence or in bad faith
or with malice in making the decision appealed from.

(21) All issues in any proceeding under this section shall have
preference over all other civil actions and proceedings.

(22) In case any building or structure is erected, constructed,
altered, repaired or converted; or any building, structure or land is
used in violation of this act or of any ordinance or other regulation
made under authority conferred hereby, the proper local authorities of
the town, in addition to other remedies, may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, to restrain, correct or
abate such violation, to prevent the occupancy of said building. struc-
ture or land, or to prevent any illegal act, conduct, business of use in
or about such premises.

(23) Said regulations shall be enforced by the division of build-
ing inspection which is empowered to cause any building, structure,
place or premises to be inspected and examined and to order in writing
the remedying of any condition found to exist therein or thereat in
violation of any provision of the regulations made under authority of
this or the preceding paragraph. The owner or general agent of a
building or premises where a violation of any provision of said regula-
tions has been committed or shall exist, or the lessee or tenant of an
entire building or entire premises where such violation has been com-
mitted or shall exist, or the owner, general agent, lessee or tenant of any
part of the building or premises in which such violation has been com-
mitted or shall exist, or the general agent, architect, builder, con-
tractor or any other person who commits, takes part or assists in any
such violation or who maintains any building or premises in which any
such violation shall exist shall be guilty of a misdemeanor, punishable
by a fine of not less than ten dollars and not more than one hundred
dollars, if the offense be not wilful, or not more than two hundred
and fifty dollars if the offense be wilful, and in every case of ten dollars
for each day after the first day that such violation shall continue. In
any case of the existence of a violation of any provision of said regula-
tions, the owner, lessee, tenant or agent shall be subject to a civil
penalty of fifty dollars. Any such person who having been served
with an order to remove any such violation, shall fail to comply with
said order within ten days after such service or shall continue to vio-
late any provisions of the said regulations in the respect named in such
order shall also be subject to a civil penalty of two hundred and fifty
dollars.

(24) Wherever the regulations made under authority of this act
require a greater width or size of yards, courts or other open spaces
or require a lower heights of building of less number of stories, or
require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in any other statute or local
ordinance or regulation, the provisions of the regulations made under
authority of this act shall govern. Wherever the provisions of any
other statute or local ordinance or regulation require a greater width
or size of yards, courts, or other open spaces, or require a lower height
of buildings or a less number of stories, or require a greater per-
centage of lot to be left unoccupied, or impose other higher standards
than are required by the regulations made under authority of this act,
the provisions of such statute, or local ordinance or regulation shall
govern.

Provided, nothing in this act contained shall be construed as in-
tended to authorize the impairment of any vested right.

2. The provisions of section four-a shall not become effective until
approved by the qualified voters of the town of Waynesboro at a
special election held for that purpose in said town. Said election
shall be held in the month of June, nineteen hundred and thirty. It
shall be the duty of the mayor of the town of Waynesboro to order
such election at least twenty days before the same is held and to issue
his writ of election directed to the sheriff of Augusta county, desig-
nating the purpose for which it is to be held and the time and place, or
places, of holding the same, upon receipt of which the said sheriff
shall proceed to cause public notice to be given of such election by
posting a copy of said writ at each voting place in the town of Waynes-
boro at least ten days before such election. The ballots to be used in
such election shall contain the following: “For adoption of the pro-
visions of section 4-a of the charter of Waynesboro providing for
zoning districts in said town and all things incident thereto as set out
in said section 4-a” and “Against adoption of the provisions of section
4-a of the charter of Waynesboro providing for zoning districts in said
town and all things incident thereto as set out in said section 4-a.” In
all other respects the election shall be held and conducted in the man-
ner provided by general law for the holding of special elections. If
a majority of those voting in such election are in favor of adopting the
provisions of section 4-a of the charter of Waynesboro providing for
zoning districts in said town and all things incident thereto, then this
act shall become effective, otherwise it shall be of no effect.

3. An emergency existing, this act shall be in force and effect
from its passage.