Chap. 341.—An ACT to amend and reenact Sections 3, 10, 11, 17, 20, 23, 27, 28,
29, 33, and 42 of Chapter 473 of the Acts of Assembly of 1942, approved
April 6, 1942, which chapter provided a new charter for the town of Blacksburg
in the county of Montgomery, and the amended sections relating to the powers,
duties, functions and procedure of the council, the annual budget, the appoint-
ment of town officials and employees, audits of the town’s finances, the sub-
division of lands, and town planning and zoning. [H 360]

Approved March 31, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections three, ten, eleven, seventeen, twenty, twenty-three,
twenty-seven, twenty-eight, twenty-nine, thirty-three, and forty-two of
chapter four hundred seventy-three of the Acts of Assembly of nineteen
hundred forty-two, approved April six, nineteen hundred forty-two, be
amended and reenacted as follows:

Section 3. Powers of the Town of Blacksburg.—In addition to the
powers elsewhere mentioned in this charter and the powers conferred
by general law and the Constitution, the said town of Blacksburg shall
have the following powers:

(1) To raise annually, by the levy of taxes and assessments in
the said town, on all such property, real and personal, as is now or may
be subject to taxation by towns by the revenue laws of this Common-
wealth, such sums of money as the council thereof shall deem necessary
for the purpose of said town, in such manner as the said council shall
deem expedient in accordance with the Constitution of this State and of
the United States; provided, however, that it shall impose no taxes on
the bonds of the said town; and provided further that such levy shall
not be increased beyond the rate of one dollar on the one hundred dollar
assessed valuation (except as permitted by State law for increases
beyond charter limitations) without the affirmative vote of the majority
of citizens voting, as determined by a referendum held for this purpose.

(2) To impose special or local assessments for local improvements
and to force payment thereof, subject to such limitations prescribed by
the Constitution and laws as may be in force at the time of the imposition
of special or local assessments.

(3) To impose a tax not exceeding one dollar per annum upon
all persons residing in said town above the age of twenty-one years, not
exempt from the payment of State capitation tax.

(4) To contract debts, borrow money and make and issue evidences
of indebtedness, ,

(5) To expend the money of the town for all lawful purposes.

(6) To acquire by purchase, gift, devise, condemnation or other-
wise, property, real or personal, or any estate therein within or without
the town, for any of the purposes of the town; and to hold, improve,
sell, lease, mortgage, pledge, or otherwise dispose of the same or any
part thereof, including any property now owned by the town.

(7) To establish markets in the town and regulate the same and
to enforce such regulations in regards to the keeping and sales of fresh
meat, vegetables, eggs and other green groceries and the trade of
hucksters and junk dealers as may be deemed advisable.

(8) To own, operate and maintain water works and to acquire in
any lawful manner in any county of the State, such water, lands, property
rights, and riparian rights as the council of the said town may deem
necessary for the purpose of providing an adequate water supply to the
said town and piping and conducting the same; to lay, erect and main-
tain all necessary mains and service lines, either within or without the
corporate limits of said town, for the distribution of water to its customers
and consumers, both within and without the corporate limits of the said
town, and to charge and collect water rents therefor ; to erect and main-
tain all necessary dams, pumping stations and other works in connection
therewith; to make reasonable rules and regulations for promoting the
purity of its said water supply and for protecting the same from pollution ;
and for this purpose to exercise full police powers and sanitary control
over all land comprised within the limits of the water shed, tributary
to any such water supply wherever such lands may be located in this
State; to impose and enforce adequate penalties for the violation of any
such rules and regulations; and to prevent by injunction any pollution
or threatened pollution of such water supply, and any and all acts likely
to impair the purity thereof; and to carry out the powers herein granted,
the said town may exercise within the State all powers of eminent domain
provided by the laws of this State. ,

(9) To acquire by gift, purchase, exchange or by the exercise of
the power of eminent domain within this State lands, or any interest
or estate in lands, rock quarries, gravel pits, sand pits, water and water
rights and the necessary roadways thereto, either within or without the
town, and acquire and install machinery and equipment, and build the
necessary roads or tramways thereto; and operate the same for the
purpose of producing materials required for any and all purposes of the
town; and to acquire by purchase, exchange or by the exercise of the
power of eminent domain within this State, lands, machinery and
equipment, and build and operate a plant or plants for the preparation
and fixing of materials for any and all purposes of the said town.

(10) To collect and dispose of sewage, offal, ashes, garbage, car-
casses of dead animals and other refuse, and make reasonable charges
therefor; to acquire and operate reduction or any other plants for the
utilization or destruction of such materials, or any of them; to contract
or regulate the collection and disposal thereof and to require and
regulate the collection and disposal thereof.

(11) To inspect, test, measure and weigh any commodity or
commodities or articles of consumption for use within the town; and to
establish, regulate, license, and inspect weights, meters, measures, and
scales.

(12) To license and regulate the holding and location of shows,
circuses, public exhibitions, carnivals, and other similar shows or fairs,
or prohibit the holding of same, or any of them, within the town or
within one mile thereof.

To require every owner of motor vehicles residing in the
said town, on a date to be designated by the council, to annually register
such motor vehicles and to obtain a license to operate the same by making
application to the treasurer of the said town, or such other person as may
be designated by the council of the said town, to issue said license, and
to require the said owner to pay an annual license fee therefor to be
fixed by the council; provided that the said license fee shall not exceed
the amount charged by the State on the said machine.

(14) To construct, purchase, maintain, regulate and operate pub-
lic utilities and improvements of all kinds, including municipal and
other buildings, armories, markets and all buildings and structures
necessary or appropriate for the use and proper operation of the various
departments of the town; and to acquire by condemnation or otherwise,
all lands, riparian and other rights and easements necessary for such
improvements, or any of them.
(15) To establish, alter, enter, open, widen, extend, grade, improve,
construct, maintain and clean public highways, streets, sidewalks, boule-
vards, parkways, and alleys; to establish and maintain parks, play-
grounds, and public grounds; to keep them lighted and in good order;
to construct, maintain and operate bridges, viaducts, subways, tunnels,
sewers and drains and to regulate the use of all such highways, parks,
public grounds and works; to plant and maintain or remove shade trees
along the streets and upon such public grounds; to prevent the obstruc-
tion of such streets, alleys and highways, abolish and prevent grade
crossings over the same by railroads in the manner prescribed by the
general law for the elimination of road at a place where any highway or
street is crossed within the town limits; to erect and maintain at such
crossing any style of gate deemed proper and keep a man in charge
thereof, or keep a flagman at such crossing during such hours as the
council may require in accordance with the general law of the State,
and to regulate the length of time such crossing may be closed due to
any operations of the railroads within the town; and to do all other
things whatsoever adapted to make said streets and highways safe, con-
venient and attractive.

(16) To construct in such parks, playgrounds, and public grounds,
as it may maintain, or upon any town property, stadiums, swimming
pools, and recreation or amusement buildings, structures, or inclosures
of every character, refreshment stands, restaurants, et cetera; to charge
for admissions, and use of the same, and rent out or lease the privileges of
construction of or using such stadiums, swimming pools, recreation or
amusement buildings, structures, or inclosures of every character,
refreshment stands, or restaurants, et cetera.

(17) To establish, impose, and enforce the collection of water and
sewage rates, and rates and charges for public utilities, or other services,
products or conveniences, operated, rented or furnished by the town, and
to assess, or cause to be assessed, after reasonable notice to the owner
or owners, water and sewage rates and charges directly against the
owner or owners of the buildings or against the proper tenant or
tenants; and in event such rates and charges shall be assessed against
a tenant, then the council may by ordinance, require of such tenant a
deposit of such reasonable amount as it may by such ordinance prescribe
before furnishing such service to such tenant.

(18) To establish, construct, and maintain sanitary sewers, sewer
lines and systems, and to require the abutting property owners to connect
therewith and to establish, construct, maintain and operate sewage dis-
posal plants, and to acquire by condemnation or otherwise, within or
without the town, all lands, rights of way, riparian and other rights, and
easements necessary for the purposes aforesaid, and to charge, assess,
and collect reasonable fees, rentals, assessments or cost of service for
service for connecting with and using the same.

(19) Subject to the provisions of the Constitution and general laws
of Virginia and this charter to grant franchises for public utilities.
(20) To charge and to collect fees for permits to use public facilities
and for public services and privileges. The said town shall have the
power and right to charge a different rate for any service rendered or
convenience furnished to citizens without the corporate limits from the
rates charged for similar service to citizens within the corporate limits.

(21) To compel the abatement and removal of all nuisances within
the town or upon property owned by the town beyond its limits at the
expense of the person or persons causing the same, or of the owner or
occupant of the ground or premises whereon the same may be, and to
collect said expense by suit or motion or by distress and sale; to require
all lands, lots and other premises within the town to be kept clean and
sanitary and free from stagnant water, weeds, filth, and unsightly
deposits, or to make them so at the expense of the owners or occupants
thereof, and to collect said expense by suit or motion or by distress
and sale; to regulate or prevent slaughter houses or other noisome or
offensive business within the said town, or the exercise of any danger-
ous or unwholesome business, trade or employment therein ; to regulate
the transportation of all articles through the streets of the town; to
compel the abatement of smoke and dust and prevent unnecessary noise ;
to regulate the location of stables and the manner in which they shall be
kept and constructed; to regulate the location, construction, operation
and maintenance of billboards and generally to define, prohibit, abate,
suppress and prevent all things detrimental or offensive to the health,
morals, aesthetics, safety, convenience and welfare of the inhabitants of
the town; and to require all owners or occupants of property having
sidewalks in front thereof to keep the same clean and sanitary, and free
from all weeds, filth, unsightly deposits, ice and snow.

(22) To extinguish and prevent fires, and to establish, regulate,
and control a fire department or division, to regulate the size, height,
materials and construction of buildings, fences, walls, retaining walls, and
other structures hereafter erected in such manner as the public safety
and conveniences may require; to remove or require to be removed or
reconstructed any building, structure or addition thereto which by
reason of dilapidation, defect of structure, or other causes may have
become dangerous to life or property, or which may be erected contrary
to law; and may enact stringent and efficient laws for securing the safety
of persons from fires in halls and buildings used for public assemblies,
entertainments or amusements.

(23) To direct the location of all buildings for storing explosives
or combustible substances; to regulate the sale and use of gunpowder.
nitro-glycerin, fireworks, kerosene oil or other like materials; to regulate
the exhibition of fireworks, the discharge of firearms, and the making
of bonfires in the streets and yards.

(24) To provide for the preservation of the general health of
the inhabitants of said town, make regulations to secure the same,
inspect all foodstuffs and prevent the introduction and sale in said town
of any articles or thing intended for human consumption, which is
adulterated, impure or otherwise dangerous to health, and to condemn,
seize and destroy or otherwise dispose of any such article or thing
without being liable to the owner thereof; to prevent the introduction or
spread of contagious or infectious diseases, and prevent and suppress
disease generally; to provide and regulate hospitals within or without
the town limits, and if necessary to the suppression of diseases, to
enforce the removal of persons afflicted with contagious or infectious
diseases to hospitals provided for them; to provide for the organization of
a department or bureau of health, to have the powers of a board of
health for said town, with the authority necessary for the prompt and
efficient performance of its duties, with the power to invest any or all
of the officials or employees of such department of health with such
powers as the police officers of the town have, to establish quarantine
ground within or without the town, and establish such quarantine
regulations against infectious and contagious diseases as the council may
see fit, subject to the laws of the State and the United States.

(25) To provide for the care, support and maintenance of children
and of sick, aged, insane or poor persons and paupers.

(26) To prevent the riding or driving of horses or other animals
at an improper speed; to prevent the throwing of stones, or engaging
in any sort of employment in the public streets which is dangerous or
annoying to passersby, and to prohibit and punish the abuse of animals.

(27) In so far as not prohibited by the general law of the State,
to control, regulate, limit and restrict the operation of motor vehicles
carrying passengers for hire upon the streets or alleys of the town; to
regulate the use of automobiles and other automotive vehicles upon the
streets; to regulate the routes in and through the town to be used by
motor vehicle carriers operating in and through said town and to
prescribe different routes for different carriers; to. prohibit the use of
certain streets by motor trucks; and generally to prescribe such regula-
tions respecting motor traffic therein as may be necessary for the general
welfare.

(28) To acquire in any lawful manner, for the purpose of en-
couraging commerce and manufacture, lands within or without the
town not exceeding at any one time five hundred acres in the aggregate,
and from time to time to sell or lease the same or any part thereof for
industrial or commercial uses and purposes.

(29) To provide in or near the town, lands to be used as burial
places for the dead ; to improve and care for the same and the approaches
thereto, and to charge for and regulate the use of the ground therein,
to co-operate with any non-profit corporation in the improvement and
care of burial places and approaches thereto; and to provide for the
perpetual upkeep and care of any plot or burial lot therein, the town
is authorized to take and receive sums of money by gift, bequest, or
otherwise to be kept invested, and the income thereof used in and about
the perpetual upkeep and care of the said lot or plot, for which the
said donation, gift, or bequest shall have been made.

(30) To prevent any person having no visible means of support,
paupers, and persons who may be dangerous to the peace and safety of
the town, from coming to said town from without the same; and also
to expel therefrom any such person who has been in said town less than
twelve months.

(31) To exercise full police powers and establish and maintain a
department or division of police.

(32) To restrain and punish drunkards, vagrants and street beg-
gars, to prevent and quell riots, disturbances and disorderly assemblages ;
to suppress houses of ill-fame and gambling houses; to prevent and
punish lewd, indecent and disorderly exhibitions in said town; and to
expel therefrom persons guilty of such conduct who have not resided
therein as much as one year.

(33) To make and enforce ordinances, not inconsistent with the
laws of this State.

(34)- To prohibit and punish mischievous, wanton, or malicious
damage to school and public property, as well as private property.

(35) To prohibit and punish minors from frequenting, playing
or loitering in any public poolroom, billiard parlor, or bowling alley,
and to punish any proprietor or agent thereof for permitting same.

(36) To compel persons sentenced to confinement in the jail of
the town for any misdemeanor or other violation of the laws or ordi-
nances of the said town to work on the public streets, parks or other
public works of the town; and on the requisition of the mayor, or
other person acting as judge of the municipal court, it shall be the
duty of the sergeant of the town to deliver such person to the duly
authorized agent of the town for such purposes from day to day as he
may be required. For the purpose of carrying into effect the police
regulations of said town, the town shall be allowed the use of the county
jail of Montgomery County, for the safe keeping and confinement of all
persons who shall be sentenced to imprisonment under the ordinances of
said town.

(37) To offer and pay rewards for the apprehension and convic-
tion of criminals.

(38) To give names to or alter the names of the streets.

(39) To enjoin and restrain the violation of any town ordinance
or ordinances, although a penalty is provided upon conviction of such
violation.

(40) To pass and enforce all by-laws, rules, regulations and ordi-
nances which it may deem necessary for the good order and government
of the town, the management of its property, the conduct of its affairs,
the peace, comfort, convenience, order, morals, health and protection of
its citizens and their property and to do such other things and pass
such other laws as may be necessary or proper to carry into full effect,
all powers, authority, capacity or jurisdiction, which is or shall be
granted to or vested in said town, or in the council, court or officers
thereof, or which may be necessarily incident to a municipal corporation.

(41) To do all things whatsoever necessary or expedient and
lawful to be done for promoting or maintaining the general welfare, com-
fort, education, morals, peace, government, health, trade, commerce, or
industries of the town, or its inhabitants.

(42) To prescribe any reasonable penalties for the violation of any
town ordinance, rule, or regulation or of any provision of this charter,
not exceeding penalties prescribed by the general laws of the State of
Virginia.

(43) To make and adopt a comprehensive plan for the town, and
to that end all plats and re-plats hereafter made subdividing any land
within the town or two miles of its corporate limits into streets, alleys,
roads, and lots or tracts shall be submitted to and approved by the council
before such plats or re-plats are filed for record or recorded in the
office of the clerk of Montgomery County, Virginia.

(44) To own, operate and maintain electric light and gas works,
either within or without the corporate limits of the town and to supply
electricity and gas whether the same be generated or purchased by said
town, to its customers and consumers both without and within the cor-
porate limits of the said town, at such price and upon such terms as it may
prescribe, and to that end it may contract and purchase electricity and
gas from the owners thereof upon such terms as it may deem expedient.

(45) To provide by ordinance for a system of meat and milk
inspection, and appoint milk and meat inspectors, agent, or officers to
carry the same into effect, license, regulate, control, and locate slaughter
houses within or without the corporate limits of the town, and for such
services of inspection to make reasonable charges therefor; and to pro-
vide such reasonable penalties for the violation of such ordinances.

(46) To regulate, permit or prohibit poles and wires for electric,
telephone and telegraph purposes to be erected and gas pipes to be
laid in the streets and alleys; to require the owner or lessee of an electric
light, telephone or telegraph pole, or poles, or wires, now in use or
hereafter erected, to change the location or move the same.

(47) To establish, organize and administer public schools and
libraries, subject to the general laws establishing a standard of education
for the State.

(48) The enumeration of particular powers by this charter shall
not be deemed to be exclusive, and in addition to the powers enumerated
therein or implied thereby, or appropriate to the exercise of such powers,
it is intended that the Town Council shall have and may exercise all pow-
ers which under the constitution of this State, it would be competent
for this charter specifically to enumerate.

Section 10. Procedure for passing ordinances.——Every ordinance
shall be introduced in writing and after passage on first reading, a public
hearing date, if required, shall be set and public notice given of such date.
Posting the ordinance on the public bulletin board in the Town Hall shall
be sufficient public notice. All persons interested shall be given an oppor-
tunity to be heard before final passage. Final passage may include such
revisions and amendments as the council may deem advisable.

Section 11. The Meetings of the Council—The council shall by
ordinance adopt such rules as it may deem proper for the regulation of
660 ACTS OF ASSEMBLY [va., 1948

its proceedings and shall meet at such times as may be prescribed by
ordinance, provided, however, that it shall hold at least one regular
meeting each month. A majority of the council shall constitute a quorum
for the transaction of business, but no ordinance or resolution shall
be adopted having for its object the levying of taxes or contracting a
debt except by a vote of four members of the council. The mayor, or any
other two members of the council, may call a special meeting of the
council upon at least twelve hours written notice of the time, place and
purpose to each member served personally or left at his usual place of
business or residence by the town sergeant, and no business shall be
transacted by the council in such special meeting which has not been
stated in the notice, provided, however, that these regulations shall not
apply when all members of the council attend such meeting or waive
notice thereof, nor shall it apply to an adjourned session from a regular
meeting. No ordinance or resolution appropriating money exceeding the
sum of five hundred dollars, imposing taxes, or authorizing the borrow-
ing of money, shall be passed by the council on the same day on which it
is introduced, nor shall any such ordinance or resolution be valid until at
least ten days intervene between its introduction and the date of passage.
No ordinance or resolution appropriating ntoney exceeding the sum of
one hundred dollars, imposing taxes or authorizing the borrowing of
money, shall be passed except by the recorded affirmative vote of at
least four members of the council. The meetings of the council shall be
public, unless the council by a recorded affirmative vote of four of its
members shall declare that the publie welfare demands an executive
session of the council; and citizens may have access to the minutes and
records of the council at any reasonable time.

Section 17. The Annual Budget.—At least thirty days before the
end of each fiscal year, the finance committee shall prepare and submit
to the council an annual budget for the ensuing fiscal year, based upon
detailed estimates furnished by officers of the town government accord-
ing to classification as nearly uniform as possible. The budget shall pre-
sent the following information.

(a) <An itemized statement of the appropriations recommended
with comparative statement in parallel columns showing appropriations
made for the current and next preceding year.

(b) An itemized statement of the taxes required and of the esti-
mated revenues of the town from all other sources for the ensuing year,
with comparative statements in parallel columns of the taxes and other
sources of revenues for the current and next preceding year and of the
increases or decreases estimated or proposed.

(c) A fund statement showing a condition of the various appropria-
tions, the amount of appropriations remaining unencumbered, and the
amount of revenues remaining unappropriated.

(d) Explanatory text relative to the condition, reasons, et cetera,
connected with the estimates for the ensuing year also a work program
showing the undertakings to be begun and those to be completed during
the next year.
(e) A statement of the financial condition of the town, and

(f{) Such other information as may be requested by the council.

Section 20. Unencumbered Balances.—At the close of each fiscal
year, or upon the completion or abandonment at any time within the
year of any work, improvement or other object for which a specific
appropriation has been made, the unencumbered balance of each appro-
priation shall revert to the general fund and shall be subject to further
appropriation. No money shall be drawn from the treasury of the
town nor shall any obligation for the expenditure of money be incurred
except pursuant to the appropriations made by the council.

Section 23. Appointment of Town Officials and Employees—No
member of the Town Council during his tenure of office as such shall
be eligible to any remunerative office, position, or employment to be
filled by the council by election or appointment. In such election or
appointments, consideration shall first be given to the residents of the
town. Persons appointed or elected to such offices, positions, or employ-
ment may be removed by council for cause, and a hearing, if requested,
by the appointee or electee, shall be given.

Section 27. Independent Annual Audit—Prior to the end of each
fiscal year the council shall designate a qualified public accountant who,
as of the end of the fiscal year, shall make an independent audit of
accounts and other evidences of financial transactions of the town gov-
ernment and shall submit his report to the council. Such accountant
shall have no personal interest, direct or indirect, in the fiscal affairs of
the town government or any of its officers. He shall not maintain any
accounts or records of the town business, but, within specifications
approved by the council, shall post-audit the books and documents kept
by the department of finances and any separate or subordinate accounts
kept by any other office, department or agency of the town government.

Section 28. Audit of Accounts——Upon the death, resignation, re-
moval or expiration of the term of any officer of the town, the council
shall order an audit and investigation to be made of the accounts of such
officer and a report to be made to the council as soon as practicable. The
council may at any time provide for an examination or audit of the
accounts of any officer or department of the town government.

Section 29. Subdividing Lands, Dedication of Streets, Recording
Plats.—Every owner or proprietor of any tract of land who may hereafter
subdivide the same into two or more parts for the purpose of creating
a subdivision shall conform to the general laws of the State of Virginia,
in the preparation of the plat, laying out and dedication of streets, alleys,
and lanes, and recordation thereof, except as herein otherwise provided,
but in no event shall the town of Blacksburg be held responsible for
the upkeep of any street, alley or lane, or be held liable for any accidents
which may occur upon such streets, alleys, or lanes until after the
dedication of such streets, alleys, or lanes shall have been accepted by
or declared by ordinance of the town council.

Section 33. The council shall have the power to negotiate tem-
porary loans, in anticipation of taxes, for the purpose of paying current
662 ACTS OF ASSEMBLY [va., 1948

expenses of the town; such loans to be evidenced by bonds or notes
bearing interest at not exceeding six per centum per annum; such
bonds or notes shall be payable within one year from date of issue out of
the current revenue of the year in which same are issued. No such
temporary loan shall in the aggregate exceed fifteen per cent of the
previous year’s income.

Section 42. Planning and Zoning—(1) For the promotion of
health, safety, morals, comfort, prosperity, or general welfare of the
general public, the council of the town of Blacksburg 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,
regulate and restrict the location, erection, construction, reconstruction,
alteration, repair or use of buildings and other structures, their height,
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. Any ordinance enacted under the authority
of this act may exempt from the operation thereof any building or struc-
ture used or to be used by a public service corporation (not otherwise
exempted) as to which proof shall be presented to the board of planning
and zoning appeals that the exemption of such building or structure
is reasonably necessary for the convenience or welfare of the public.

(2) All such regulations shall be uniform for each class or kind of
buildings 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 gen-
eral welfare; to provide adequate light and air; to prevent the over-
crowding of land; to avoid undue concentration of population; to facili-
tate 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 character 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 of the town of Blacksburg shall provide for the
manner in which such regulations and restrictions and the boundaries
of such districts shall be determined, established and enforced, and from
time to time amended, supplemented or changed. However, no such
regulation, restriction or boundary shall become effective 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 published in a paper
of general circulation in said 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
each 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 two thirds of all the
members of the council. The provisions of the previous section relative
to public hearings and official notice shall apply equally to all changes and
amendments,

(6) The council of the town of Blacksburg shall appoint a com-
mission to be known as a planning and zoning commission to recommend
the boundaries of the various original districts and appropriate regula-
tions to be enforced therein. Such commission shall make a preliminary
report or reports and hold public hearings thereon before submitting its
final report, and the council of the town of Blacksburg shall take such
action on said preliminary report or reports, and also on the final report
of the commission, as it shall deem necessary.

(7) The council of the town of Blacksburg may appoint a board
of planning and zoning appeals, and in the regulations and restrictions
adopted pursuant to the authority of this act may provide that the said
board of planning and 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
intent and in accordance with general or specific rules therein contained.

(8) The board of planning and 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 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 meet-
ings 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 planning and 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 planning and 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 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 planning and zoning appeals after the notice of appeal
shall have been filed with him that by reason of facts stated in the certi-
ficate 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 planning and
zoning appeals or by a court of record on application, and notice to the
officer from whom the appeal is taken and on due cause shown.

(12) The board of planning and zoning appeals shall fix a reason-
able 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 reasonable time. Upon the hearing any party may appear in person
or by agent or by attorney.

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

(a) To hear and decide appeals where it is alleged there is error
in any order, requirement, decision, or determination made by an admin-
istrative official in the enforcement of this act or of 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
ordinance.

(c) To authorize upon appeal in specific 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 ordinance 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 or affirm, wholly
or partly, or may modify the order, requirement, decision or determina-
tion 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 determination
of any such administrative official, or to decide in favor of the appellant
on any matter upon which it is required to pass under 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 planning and zoning appeals, or any tax
payer, or any officer, 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 certiorari directed to the board of planning and zoning appeals
to review such decision of the board of planning and zoning appeals and
shall prescribe therein the time within which a return thereto must be
made and served upon the realtor’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 proceedings upon the decision appealed from, but the
court may, on application, on notice to the board and on due cause
shown, grant a restraining order.

(18) The board of planning and zoning appeals shall not be re-
quired 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 is 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 his findings of fact and
conclusions of law, which shall constitute a part of the proceeding 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 proceedings under this section shall have
preference over all other civil actions and proceedings.

( In case any building or structure is erected, constructed,
reconstructed, altered, repaired, or converted; or any building, struc-
ture or land is used in violation of this act or of any ordinance or other
regulation made under authority conferred hereby, the proper 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, structure or
land or to prevent any illegal act, conduct, business or use in or about
such premises.

(23) Said regulations shall be enforced by the division of building
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 the building
or premises where a violation of any provision of said regulations has
been committed or shall exist, or the lessee or tenant of an entire build-
ing or entire premises where such violation has been committed 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 committed or
shall exist, or the general agent, architect, builder, contractor 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 violations
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 willful, or not more than two hundred and fifty dollars
if the offense be willful, 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 regulations 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 violate 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.
2. An emergency exists and this act is in force from its passage.