Chap. 501.—An ACT to amend and reenact Sections 1, 3 and 7 of Chapter 415
of the Acts of Assembly of 1938, approved April 1, 1938, relating to regulation
by governing bodies of the use of land and buildings in certain districts therein,
so as to enable the regulation of the density and distribution of population
therein, and to prescribe certain procedure relating to hearings and er :

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Approved April 5, 1948

Be it enacted by the General Assembly of Virginia:

1. That sections one, three and seven of chapter four hundred
fifteen of the Acts of Assembly of nineteen hundred thirty-eight,
approved April one, nineteen hundred thirty-eight, be amended and
reenacted as follows:

Section 1. For the purpose of promoting health, safety, order, pros-
perity, the conservation of natural resources, and the general welfare, the
board of supervisors or other governing body of any county is hereby
empowered to regulate, by ordinance, in the unincorporated portion of
the county, the density and distribution of population, the locations of
those areas which may be used as places of residence or in which agricul-
ture, 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.

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 hundred
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 commission
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 preparation 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 governing body. After receiving such
certification from the county planning Commission and before the enact-
ment of any such zoning ordinance, the board of supervisors or other
governing body shall hold a public hearing 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 hearing. Such notice shall state the
place at which the text and maps as certified by the planning commission
may be examined.

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 super-
visors or other governing body.

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 ap-
pointment 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 appeals 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
the board of supervisors or other governing body of the county shall
refer such petition and the minutes of the board of zoning appeals in
regard to the decision appealed from, to the county planning commission
for review and recommendation as to whether or not the board of zoning
appeals has properly interpreted and applied the powers delegated to
them by the board of supervisors or other governing body, such recom-
mendation to be presented at the next regular meeting thereafter. At this
meeting the board of supervisors or other governing body shall hear
the report of the planning commission, the appellant or his attorney,
and the chairman or the vice-chairman of the board of zoning appeals,
after which they shall render a decision as to whether or not the
board of zoning appeals has properly applied the authority delegated
to them by any ordinance adopted under the provisions of this act.

In exercising the above mentioned power the board of supervisors or
other governing body may reverse or affirm, or modify the decision
appealed from, in accordance with the powers granted under the provi-
sions of this act.