CHAPTER 564

An Act to amend the Code of Virginia by adding a section numbered
15.1-865 and amend and reenact §§ 15.1-478, 15.1-481, 15.1-488 and
15.1-484 of the Code of Virginia, relating to the vacation of streets
and alleys in subdivisions and to amend and reenact § 15.1-491 of the
Code of Virginia, relating to provisions permitted in zoning ordt-

nances.
[H 645]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
15.1-865 and that §§ 15.1-478, 15.1-481, 15.1-483, 15.1-484 and 15.1-491
of the Code of Virginia be amended and reenacted as follows:

§ 15.1-865. Any plat of subdivision hereafter recorded in any clerk’s
office, whether or not pursuant to § 15.1-465 through § 15.1-485 of the
Code of Virginia, may be vacated in the manner prescribed by § 15.1-482
and the provisions of § 15.1-488 and § 15.1-485 shall be applicable to
such vacation.

§ 15.1-478. The recordation of such plat shall operate to transfer,
in fee simple, to the respective counties and municipalities in which the
land lies such portion of the premises platted as is on such plat set apart
for streets, alleys, * or other public use and to transfer to such county or
municipality any easement indicated on such plat to create a public right
of passage over the same; but nothing contained in this article shall
affect any right of a subdivider of land heretofore * validly reserved.

§ 15.1-481. Any such plat recorded, or part thereof, may be vacated
with the consent of the governing body, or its authorized agent, of the
county or municipality where the land lies, by the owners, proprietors
and trustees, if any, who signed the statement required by § 15.1-477 at
any time before the sale of any lot therein, by a written instrument, de-
claring the same to be vacated, duly executed, acknowledged or proved and
recorded in the same clerk’s office wherein the plat to be vacated is
recorded and the execution and recordation of such writing shall operate
to destroy the force and effect of the recording of the plat so vacated and
to divest all public rights in, and to reinvest such owners, proprietors
and trustees, if any, with the title to * the streets, alleys, easements for
public passage and other public areas laid out or described in such plat.

§ 15.1-483. The recordation of the instrument as provided under
paragraph (a) of § 15.1-482 or of the ordinance as provided under para-
graph (b) of § 15.1-482 shall operate to destroy the force and effect of
the recording of the plat or part thereof so vacated, and to vest fee simple
title to the center line of any streets, alleys or * easements for public
passage so vacated in the owners of abutting lots free and clear of any
rights of the public or other owners of lots shown on the plat, but subject
to the rights of the owners of any public utility installations which have
been previously erected therein. If any such street, alley or * easement for
public passage is located on the periphery of the plat, such title for the
entire width thereof shall vest in such abutting lot owners. The fee simple
title to any portion of the plat so vacated as was set apart for other
public use shall * be revested in the owners, proprietors and trustees, if
any, who signed the statement required by § 15.1-477 free and clear of
any rights of public use in the same.

§ 15.1-484. Notwithstanding the provisions of this article, any
streets, alleys, easements or public places shown on plats of stbdivi-
sions recorded in accordance with the provisions of any statute in effect
prior to June twenty-ninth, nineteen hundred and sixty-two, may be
vacated according to the provisions of any * statute in existence on or
before June twenty-ninth, nineteen hundred and sixty-two, notwithstand-
ing that such statute may have been, or is subsequently, repealed.

§ 15.1-491. A zoning ordinance may include, among other things,
reasonable regulations and provisions as to any or all of the following
matters:

(a) For variations in or exceptions to the general regulations in any
district in cases of unusual situations or to ease the transition from one
district to another or for buildings, structures or uses having special
requirements.

(b) For the temporary application of the ordinance to any property
coming into the territorial jurisdiction of the governing body by annex-
ation or otherwise, subsequent to the adoption of the zoning ordinance,
and pending the orderly amendment of the ordinance.

(c) For the granting of special exceptions under suitable regulations
and safeguards.

(d) For the administration and enforcement of the ordinance in-
cluding the appointment or designation of a zoning administrator who
may also hold another office in the county or municipality. The zoning
administrator shall have all necessary authority on behalf of the governing
body to administer and enforce the zoning ordinance, including the ordering
in writing of the remedying of any condition found in violation of the
ordinance, and the bringing of legal action to insure compliance with the
ordinance, including injunction, abatement, or other appropriate action or
proceeding.

(e) For the imposition of penalties upon conviction of any violation
of the zoning ordinance. Any such violation shall be a misdemeanor
punishable by a fine of not less than ten dollars nor more than two hundred
fifty dollars.

(f) For the collection of fees to cover the cost of making inspections,
issuing permits, advertising of notices and other expenses incident to the
administration of a zoning ordinance or to the filing or processing of any
appeal or amendment thereto.

_ (g) For the amendment of the regulations or district maps from
time to time, or for their repeal. Whenever the public necessity, con-
venience, general welfare, or good zoning practice require, the governing
body may by ordinance, amend, supplement, or change the regulations,
district boundaries, or classifications of property. Any such amendment
may be initiated by resolution of the governing body, or by motion of the
local commission, or by petition of any property owner addressed to the
governing body; provided, that the ordinance may provide for the con-
sideration of proposed amendments only at specified intervals of time,
and may further provide that substantially the same petition will not be
reconsidered within a specific period, not exceeding one year.

(h) For the submission and approval of a plan of development prior
to the issuance of building permits to assure compliance with regulations
contained in such zoning ordinance.

The ordinance may also provide that petitions brought by property
owners or their agents shall be sworn to under oath before a notary public
or other official before whom oaths may be taken, stating whether or not
any member of the local commission or governing body has any interest in
such property, either individually, by ownership of stock in a corporation
owning such land, or partnership, or whether a member of the immediate
household of any member of the commission or governing body has any
such interest.