CHAP. 415.—An ACT to authorize boards of supervisors or other governing
bodies in counties to divide the area of counties in the unincorporated por-
tions thereof into one or more districts; to regulate the use of lands and of
buildings and other structures; to provide the locations of those areas which
may be used as places of residence or in which agriculture, forestry, trade,
industry or other specific uses, may be conducted, the height, bulk and
size of buildings or other structures, the percentage of land area which

'. may: be occupied, and the minimum sizes of yards, courts or other open
spaces; to provide for amendments and changes therein; to require county
planning commissions to perform certain duties with reference thereto ;
to permit cooperation between political subdivisions, State and Federal agen-
cies and officials thereof; to permit the appointment and prescribe the
powers and duties of county boards of zoning appeals; to provide that this

act shall not apply to certain counties heretofore authorized to regulate the
use of land and the construction and use of buildings and structures therein:
to provide for the enforcement of this act; and to provide penalties for vio-
lation of this act. ) — [H B 189]

Approved April 1, 1938

1. Be it enacted by the General Assembly of Virginia, as follows:

Section 1. For the purpose of promoting health, safety, order,
rosperity, the conservation of natural resources, and the general wel-
ire, the board of supervisors: or other governing body of any county
; hereby empowered to regulate, by ordinance, in the unincorporated
ortion of the county, the locations of those areas which may be used
s places of residence or in which agriculture, forestry, trade, industry,
r other specific uses may be conducted, the height, bulk, and size
f buildings or other structures, the percentage of land area which may
e occupied, and the minimum sizes of yards, courts or other open
aces,
_ Section 2. For any or all of said purposes, the board of super-
visors or the governing body of any county may divide the county into
districts of such number, shape and area as it may deem best suited
to carry out the purposes of this act, and within each such district
all regulations established as provided in section one of this act shall
be uniform, but the regulations in one district may differ from those
in other districts.

Section 3. From and after the time when the county planning com-
mission created in accordance with chapter four hundred and twenty-
seven of the Acts of the General Assembly of Virginia, nineteen hun-
dred and thirty-six, makes and certifies to the board of supervisors or
other governing body a zoning plan for the unincorporated territory
of such county, including both the text of a zoning ordinance and the
zoning maps, representing the recommendations of such planning com-
mission for the regulations and districting, then the said board of
supervisors or other governing body may by ordinance exercise the
powers granted in sections one and two of this act. After the prepara-
tion by such planning commission of its tentative report, the planning
commission shall hold public hearing thereon before submitting and
certifying its final report to the board of supervisors or other govern-
ing body. After receiving such certification from the county planning
commission and before the enactment of any such zoning ordinance, the
board of supervisors or other governing body shall hold a public hear-
ing thereon, notice of the time and place of which shall be given by
publication at least twice in some newspaper published in said county
or having a general circulation therein, the second publication of such
notice to be at least fifteen (15) days prior to the holding of said hear-
ing.

No change in or departure from the text or maps as certified by the
planning commission shall be made by the board of supervisors or other
governing body unless such change or departure be first submitted to
the planning commission for its recommendations as to such change or
departure, and the planning commission shall have thirty (30) days
from and after such submission within which to report to the board
of supervisors or other governing body. ,

Section 4. The board of supervisors or other governing body may
from time to time amend the number, shape, boundary, area or any
regulation of or within any district or districts or any other provisions
of any zoning ordinance, but any such amendment shall not be made
or shall not become effective unless the same be first submitted by the
board of supervisors or other governing body to the county planning
commission of the county for its recommendation, the report of the
planning commission to be made within thirty (30) days after such
submission.

The provisions of the previous section relative to public hearings
by the board of supervisors or other governing body and publicatior
of notice thereof shall apply to all such amendments.

Section 5. Such ordinance or ordinances shall not prohibit the
continuance of the use of any land, building or structure for the pur-
pose for which such land, building or structure are used at the time
such ordinance or ordinances take effect, but the alteration of, or ad-
dition to, any. existing building or structure for the purpose of carry-
ing on any prohibited use within the district may be prohibited. If
a non-conforming use has been discontinued any future use of such
land, building or structure shall be in conformity with the provisions
of the ordinance regulating uses in the district in which such land,
building or structure may be located.

Section 6. In the exercise of the powers covered by this act, the
planning commission of any county may cooperate with the planning
commissions or legislative and administrative bodies and officials of
other counties and of cities and towns within or without such county,
with a view to coordinating and integrating the zoning plan of such
county with the plans of such other counties and of such cities and
towns, and may appoint such committee or committees and may adopt
such rules as may be thought proper to effect such cooperation, and said
planning commissions and legislative and administrative bodies and
officials of other counties and of cities and towns are hereby authorized
to cooperate with said county planning commission for the purposes
of such coordination and integration. Similarly, such county planning
commission may cooperate with the State Planning Board and make
use of advice and information furnished by the State Planning Board
and by other appropriate State and Federal officials, departments and
agencies, and all State departments, and agencies having information,
maps and data pertinent to the zoning of such county are hereby author-
ized to make such available for the use of such planning commission.

Section 7. In the zoning ordinance, the board of supervisors or
other governing body of the county may provide, if it so desires, for
a county board of zoning appeals, for the number, terms, method of
appointment and removal of the members of such board, for the rules
governing the organization, procedure and jurisdiction of such board
of zoning appeals, and for the powers of such board relating to ap-
peals from decisions of any administrative officer in the enforcement of
the zoning ordinance, to special exceptions or other special questions
for which the zoning ordinance provides, and to variances from the
strict application of the zoning regulations. Any person or persons,
jointly or severally, aggrieved by any decision of the county board of
zoning appeals or any taxpayer or county official may present to the
next regular meeting of the board of supervisors or other governing
body, held not earlier than ten days from the time that said decision
is rendered, a petition setting forth the grounds on which he is or
they are aggrieved, at which meeting or the next regular meeting there-
after the board of supervisors or other governing body of the county
shall approve or disapprove said decision.

Section 8. For carrying into effect any ordinance or ordinances
idopted under the powers conferred upon the board of supervisors
yr other governing body by this act, fines and other punishment may,
xy ordinance, be prescribed by said board in conformity with pro-
visions made for a penal ordinance or ordinances in section twenty-
seven hundred and forty-three of the Code of Virginia. In case any
building or structure is erected, constructed, reconstructed, altered, re-
paired, converted, or maintained, or any building, structure, or land
is used in violation of this act or of any ordinance or other regula-
tion made under authority conferred hereby, the board of supervisors,
or other governing body, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such unlawiul erec-
tion, construction, reconstruction, alteration, repair, conversion, main-
tenance or use, to restrain, correct, or abate such violation, to prevent
the occupancy of said buildings, structure, or land, or to prevent any
illegal act, conduct, business, or use in or about such premises.

Section 9. The board of supervisors or other governing body
of a county shall have power and authority to appoint or designate
an administrative officer who shall be charged with the enforcement
of regulations contained in the zoning act for and on behalf of said
board or other governing body and who 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 made under authority
of this act.

Section 10. This act shall not be construed as repealing or modi-
fying any provisions of any other existing statute relating to the powers
of the board of supervisors or other governing body of any county
therein designated to enact zoning regulations for said county, nor
shall this act be effective in or apply to any county which is authorized
under the provisions of chapter fifteen, as amended, of the Acts of the
General Assembly (Extra Session) of nineteen hundred and twenty-
seven, approved April eleventh, nineteen hundred and twenty-seven, to
regulate the use of land and the construction and use of buildings and
other structures therein.

Section 11. This act shall be liberally construed to the end that
the health, safety, order, prosperity, conservation of natural resources,
and general welfare shall be furthered.