CHAPTER 132

AN ACT to amend and reenact §§ 9.02 as amended, 9.18 as amended, and
15.01 of Chapter 586 of the Acts of Assembly of 1950, approved April 7,
1950, which provided a new charter for the city of Alexandria, the sec-
tions relating, respectively, to the city planning commission, the powers
of the board of zoning appeals and the transfer and destruction of
books and papers; and to amend said chapter by adding thereto a sec-
tion numbered 15.01:1, relating to the definition of officer of ne yee

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Approved February 28, 1958

Be it enacted by the General Assembly of Virginia:

1. That §§ 9.02 as amended, 9.18 as amended, and 15.01 of Chapter-536
of the Acts of Assembly of 1950, approved April 7, 1950, be amended and
reenacted, and that the said chapter be amended by adding a section num-
bered 15.01:1, as follows:

§ 9.02. The City Planning Commission; Composition.—There shall
be a city planning commission which shall consist of seven members. One
member shall be a member of the board of zoning appeals appointed by
the board of zoning appeals for a term coincident with his term on such
board ; *sizx citizen members shall be qualified resident voters of the city
who hold no office of profit under the city government, appointed by the
council for terms of four years; provided that the citizen members of the
city planning commission previously appointed by the mayor and in office
at the effective date of this charter amendment shall continue to serve as
members of the commission for the terms for which they were appointed,
and provided further, that upon the effective date of this charter amend-
ment or as soon thereafter as practicable one new citizen member shall be
appointed for a term ending February 1, *1961*.

The city manager shall designate an officer or employee to sit with the
commission with the right to discuss and advise but without the right to
vote. Vacancies shall be filled by the authority making the appoint-
ment, for the unexpired portion of the term. Members of the city plan-
ning commission shall serve as such without compensation, but may re-
ceive reimbursement for travel and expenses incurred by attendance at
conventions, meetings, and such other travel as they may perform in the
interest of the city of Alexandria in the performance of the duties and
activities of the planning commission.
§ 9.18. Powers of Board of Zoning Appeals.—The board shall have
the following powers and it shall be its duty:

(a) To hear and decide appeals where it is alleged there is error in
any order, requirement, decision or determination by the director of
planning in the administration and enforcement of the provisions of the
ordinance.

(b) To grant variations in the regulations when a property owner
can show that his property was acquired in good faith and where by rea-
son of the exceptional narrowness, shallowness or shape of a specific piece
of property at the time of the effective date of the ordinance or where
by reason of the exceptional topographical conditions or other extra-
ordinary exceptional situation the strict application of the terms of the
ordinance actually prohibit or unreasonably restrict the use of the
property, or where the board is satisfied, upon the evidence heard by it,
that the granting of such variation will alleviate a clearly demonstrable
hardship approaching confiscation as distinguished from a special priv-
ilege or convenience sought by the owner; provided, however, that all
variations granted shall be in harmony with the intended spirit and pur-
pose of this chapter and the ordinance.

(c) To permit, when reasonably necessary in the public interest,
the use of land, or the construction or use of buildings or structures, in any
zone in which they are prohibited by the ordinance, by any agency of the
city, state, or the United States, provided such construction or use shall
adequately safeguard the health, safety and welfare of the occupants of
the adjoining and surrounding property, shall not unreasonably impair
an adequate supply of light and air to adjacent property, shall not in-
crease congestion in streets and shall not increase public danger from fire
or otherwise affect public safety.

(d) To permit the following exceptions to the zone regulations and
restrictions, provided such exceptions shall by their design, construction
and operation adequately safeguard the health, safety and welfare of the
occupants of the adjoining and surrounding property, shall not unrea-
sonably impair an adequate supply of light and air to adjacent property,
shall not increase public danger from fire or otherwise unreasonably affect
public safety, and shall not diminish or impair the established property
values in surrounding areas:

*(1) Extension of a zone where the boundary line of a zone divides
a lot in a single ownership as shown of record at the time of the effective
date of the ordinance.

*(2) Reconstruction of buildings or structures that do not conform
to the comprehensive zoning plan and regulations and restrictions pre-
scribed for the district in which they are located, which have been dam-
aged by explosion, fire, act of God or the public enemy, to the extent of
more than sixty per cent of their fair market value as established by the
opinion of three disinterested appraisers to be appointed by the city
council, when the board finds some compelling public necessity for a con-
tinuance of the use and such continuance is not primarily to continue a
monopoly, provided that nothing herein shall relieve the owner of any
such building or structure from obtaining the approval of such recon-
struction by the council or any department or officer of the city when
such approval is required by any law or ordinance.

§ 15.01. Transfer and Destruction of Books and Papers.—If any
person having been an officer of the city, shall not, within ten days after
he shall have vacated or been removed from office, deliver over to his
successor in office all the property, books and papers belonging to the
city or appertaining to such office, in his possession or under his control
he shall forfeit and pay to the city the sum of five hundred dollars, to be
sued for and recovered with costs. All books, records and documents
used in any such office, by virtue of any provision of this charter or of
any ordinance or order of the council or any superior office of the city,
shall be deemed the property of the city and appertain to said office, and
the chief officer thereof shall be responsible therefor. The council shall
have authority to determine or to delegate to any agency of its creation the
authority to determine which books, records and documents shall be
stored, which shall be microfilmed or otherwise preserved, and which shall
be destroyed.

15.01:1 Definition of Officer of the City.—As used in this charter
an officer of the ctty is defined as one whose office was created by or pur-
suant to the charter of the city or general law and who has performed or
ts performing a municipal service for the city and who is not a con-
stitutional officer of the State of Virginia.

2. An emergency exists and this act is in force from its passage.