CHAPTER 12

An Act to amend and reenact §§ 8.06, 8.11, 9.09, 9.10, 9.18 and 9.24, as
severally amended, of Chapter 586, approved April 7, 1950, of the
Acts of Assembly “of 1950, which provided a charter for the city of
Alexandria, the amended ‘sections relating to the city clerk, proce-

dure for passing ordinances, zoning powers, adoption and alteration
of zoning regulations, effect of protest of property owners, and land

subdivisions.
[S 114]

Approved February 17, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.06, 3.11, 9.09, 9.10, 9.18 and 9.24, as severally amended, of
Chapter 536, approved April 7, 1950, of the Acts of Assembly of 1950 be
amended and reenacted as follows:

§ 3.06. City Clerk.—The council shall appoint a city clerk and shall
have power to remove him from office. He shall be the clerk of the council,
shall keep the journal of its proceedings and shall record all ordinances in
a book kept for the purpose. He shall be the custodian of the corporate
seal of the city and shall be the officer authorized to use and authenticate
it. All records in his office shall be public records and open to inspection
at any time. He shall receive compensation to be fixed by the council.
The city council may appoint a deputy city clerk, when in the opinion
of the council the city clerk is, because of disability or otherwise, unable
to perform the duties of the office. The council shall have the power to
remove said deputy clerk from office. Any such appointed deputy city
clerk shall, while holding office, have the power and authority to perform
all of the duties and functions of the city clerk and clerk of council.

§ 311. Procedure for Passing Ordinances.—Any ordinance may be
introduced by any member of the council or by the city manager at any
regular meeting of the council or at any special meeting when the subject
thereof has been included in the notice for such special] meeting or been
approved by the unanimous consent of all members of the council. Upon
introduction, the ordinance shall receive its first reading and, provided
it shall receive an affirmative vote of the majority of members present
at this meeting, and provided further it ts not a matter that by this
charter or some other provision of law requires more than a majority
vole, a time, not less than three days after such introduction, and place
shall be set at which the council will hold a public hearing concerning it.
If all members of the council present at such introduction have received
a copy of the proposed ordinance not less than twenty-four hours before
said introduction, then only the title need be read for the first reading,
otherwise the ordinance shall be read verbatim. The hearing may be held
at a regular or special meeting of the council and may be adjourned from
time to time. It shall be the duty of the city clerk to cause to be published
Iu a newspaper of general circulation in the city, not later than the fifth
day following the introduction of the ordinance, a notice containing the
time and place of the hearing and the title of the proposed ordinance. It
thall also be his duty to have the title or the full text of the proposed
ordinance printed in sufficient numbers to supply copies to meet requests or
to cause it to be published as a paid advertisement in a newspaper of
general circulation published in the city; except that in the event of an
emergency, whereby there is no newspaper of general circulation published
m the city, then such ordinance may be published in a newspaper of
general circulation in the city. It shall also be the duty of the city clerk
to place a copy of the ordinance in a file provided for each member of
the council for this purpose. A proposed ordinance, unless it be an emer-
gency ordinance, may be finally passed upon its second reading at either
a regular or special meeting of the council following the introduction,
pablication and conclusion of the public hearing thereon.

Amendments or additions to an ordinance may be made at any time
after introduction and further publication of an amendment is not neces-
sary, except that if said amendments or additions introduce an entirely
new subject matter and radically change the overall purpose of said ordi-
hance, then they shall be handled separately and introduced as a new ordi-
hance, At the second reading only the title of an ordinance need be read,
unless amendments or additions have been made subsequent to the intro-
duction, in which case said amendments or additions shall be read in full
prior to passage.

$9.09. Zoning Powers.—In addition to the powers granted else-
where in this charter, the council shall have the power to adopt by ordi-
hance a comprehensive zoning plan designed to lessen congestion in
streets, secure safety from fire, panic and other danger, promote health,
‘anitation and general welfare, provide adequate light and air, prevent the
overcrowding of land, avoid undue concentration of population, facilitate
piblie and private transportation and the supplying of public utility serv-
lees and sewage disposal, and facilitate provision for schools, parks, play-
founds and other public improvements and requirements. The compre-
hensive zoning plan shall include the division of the city into zones with

undaries ag the council deems necessary to carry out the purposes
of this chapter and shall provide for the regulation and restriction of the
use of land, buildings and structures in the respective zones and may in-
clude but shall not be limited to the following:

(a) It may permit specified uses of land, buildings and structures
in the zones and prohibit all other uses.

It may restrict the height, area and bulk of buildings and struc-
tures in the zones.

(c) It may establish setback building lines and prescribe the area
of land that may be used as front, rear and side yards and courts and
open spaces.

(d) It may restrict the portion of the area of lots that may be
occupied by buildings and structures.

(e) It may prescribe the area of lots and the space in buildings
that may be occupied by families.

(f) It may require that spaces and facilities deemed adequate by
the council shall be provided on lots for parking vehicles in conjunction
with permitted uses of land and that spaces and facilities deemed ade-
quate by the council shall be provided on lots for off-street loading or un-
loading of vehicles.

(zg) It may provide that land, buildings and structures and the uses
thereof which do not conform to the regulations and restrictions pre-
scribed for the zone in which they are situated may be continued so long
as the then existing or more restricted use continues and so long as the
buildings or structures are maintained in their then structural condition;
and may require that such buildings or structures and the use thereof
shall conform to the regulations and restrictions prescribed for the zone
or zones in which they are situated whenever they are enlarged, extended,
reconstructed or structurally altered; and may require that such buildings
or structures and the use thereof shall conform to the regulations and re-
strictions prescribed for the zone or zones in which they are situated,
in any event within a reasonable period of time to be specified in the
ordinance.

(h) It may require that permits be granted for special] uses of prop-
erty within a zone.

(i) It may, in order to promote the general welfare through the
preservation anc protection of historic places and areas of historic interest
in the citv and through the preservation of the memorial character of the
George Washington Memorial Highway, provide for old and historic dis-
tricts in which no building or structure shall be erected, reconstructed,
altered, restored, or razed until approved by a board of architectural re-
view.

(j) It may create a board of architectural review which shall have
the power to pass upon the appropriateness of exterior architectural fea-
tures, including signs, of buildings and structures to be erected, recon-
structed, altered or restored in any old and historic district established in
the city and prohibit the razing of any building in such a district that
was erected prior to or during the year eighteen hundred forty-six and is
of such architectural or historical interest that its removal would be to
the detriment of the public interest. The council shall establish standards,
rules, regulations and procedures for the operation of any such board
and to carry out the purposes and provisions of subsection (i) above and
of this subsection (j); it shall provide for appeals to the city council] from
any final decision of the board, which appeal shall stay the board’s deci-
sion pending the outcome of the appeal before the council. The council,
on appeal, shall apply the same standards as those established for the
board and may affirm, reverse or modify the decision of the board, in
whole or in part. The city council shall determine, by ordinance, the
parties entitled to appeal decisions of the city council; such parties shall
have the right to appeal to the corporation court of the city for review
by filing a petition, at law, setting forth the alleged illegality of the city
council’s action, provided such petition is filed within thirty days after
the final decision is rendered by the city council. The filing of the said
petition shal] stay the council’s decision pending the outcome of the appeal
to the court. Findings of fact by the council shall be conclusive on the
court in any such appeal. The court may reverse or modify the decision
of the council, in whole or in part, if it finds upon review that the decision
of the council is contrary to law or that its decision is arbitrary and con-
stitutes an abuse of discretion, or it may affirm the decision of council.

In addition to the right of appeal hereinabove set forth, the owner
of a building or structure, the razing or demolition of which is subject
to the provisions of subsection (i) above and of this subsection (j), shall,
as a matter of right, be entitled to raze or demolish such building or
structure provided that: (1) he has applied to the board for such right
and has also been a party to an appeal from the board’s decision to the
council, (2) that the owner has for the period of time set forth in the
time schedule hereinafter contained and at a price reasonably related to
its fair market value, made a bona fide offer to sell such building or struc-
ture, and the land pertaining thereto, to any person, firm, corporation,
government or agency thereof, or political subdivision or agency thereof,
which gives reasonable assurance that it is willing to preserve and restore
the building or structure and the land pertaining thereto, and (3) that
no bona fide contract, binding upon all parties thereto, shall have been
executed for the sale of any such building or structure, and the land per-
taining thereto, prior to the expiration of the applicable time period set
forth in the time schedule hereinafter contained. Any appeal which may
be taken to the court from the decision of the council, whether instituted
by the owner or by any other proper party, notwithstanding the provisions
heretofore stated relating to a stay of the decision appealed from shall
not affect the right of the owner to make the bona fide offer to sell referred
to in this paragraph. No offer to sell shall begin more than one year
after a final decision by the city council. The time schedule for offers
to sell shall be as follows: 3 months when the offering price is less than
$25,000.00; 4 months when the offering price is $25,000.00 or more but
ess than $40,000.00: 5 months when the offering price is $40,000.00 or
more but less than $55,000.00; 6 months when the offering price is $55,-
00.00 or more but less than $75,000.00; 7 months when the offering price
18 $75,000.00 or more but Jess than $90,000.00; and 12 months when the
offering price is $90,000.00 or more. oo.

(j-l) To acquire, in the manner provided in Chapter 13 of this char-
ler, areas, properties, lands or any estate or interest therein, of old and
historic interest which, in the opinion of the council, should be acquired,
preserved and maintained for the use, observation, education, pleasure and
Welfare of the people: provide for their renovation, preservation, mainte
hance, management and control as places of old and historic interest by a
department of the city government or by a board, commission or agency
specially established by ordinance for the purpose; charge or authorize

e charging of compensation for the use thereof or admission thereto:
lease, subject to such regulations as may be established by ordinance,
any such area, property, lands or estate or interest therein so acquired
upon the condition that the old and historic character of the area, property
or lands shall be preserved and maintained; or to enter into contracts
with any person, firm or corporation for the management, preservation,
maintenance or operation of any such area, property, lands or estate or
Interest therein so acquired as a place of old and historic interest, pro-
‘ided, the city shall not use the right of condemnation under this para-
graph unless the historic value of such area, property, lands or estate or
interest therein are about to be destroyed.

(k) To restrict, and regulate the erection of buildings and structures
in areas subject to floods.

§ 9.10. Consideration to be Observed in Adoption and Alteration
of Regulations. The regulations and restrictions shall be enacted with
reasonable consideration, among other things, of the character of each
zone and its peculiar suitability for particular uses, and with a view of
conserving the value of land, buildings, and structures and encouraging
the most appropriate use thereof throughout the city. Except when a
comprehensive zoning plan is adopted or amended as a whole, no change
in zone boundaries shall be made so as to include less than one block,
but such change need not include that frontage which is within one hun-
dred feet of the street line of an intersecting street, and in blocks with
a frontage of seven hundred fifty feet or more the change need not include
more than five hundred continuous feet thereof. The specific requirements
of this section shall not apply when the change consists of: (a) The re-
zoning of land in a block to the same zone as that of the major portion
of the block, if such major portion constitutes all the balance of the block;
(b) the inclusion of the balance of a contiguous parcel in single owner-
ship in the same zone in which the major portion of such parcel is already
included; provided, however, that such change does not extend more than
fifty feet beyonc the original zone boundaries and provided that a further
extension of an already extended zone in single ownership shall not be
granted in the two-year period following the original zone change; (c)
the rezoning of land with frontage which is abutted on both sides by less
restrictively zoned land when the change is to a zone not less restrictive
than that on either side; and (d) changes in zone boundaries of areas in
excess of five acres. In any change in zone boundaries designating two
or more areas to be different zones, each such area constituting a separate
zone must conform to the requirements of this section. The word “block”
as used in this section shall mean land fronting along one side of a ded-
icated public street either in excess of seven hundred and fifty feet or
between two dedicated intersecting public streets or between one dedicated
intersecting public street and the corporate limits of the city. For the
purposes of this section another zone may be established in the same
block as a C-1 or C-2 zone if the use in the other zone is the same or is to
be the same as a conforming use in the C-1 or C-2 zone. The use in the
other zone may be either residential or commercial but not mixed.

§ 9.18. Effect of Protest by Twenty Per Cent of the Owners of
Property.—If a protest is filed with the city clerk against such amend-
ment, supplement or repeal as stated in § 9.12, signed by the owners
of twenty per cent or more either of the area of land within the boun-
daries of such proposed change or of the area of land within three hun-
dred feet of the boundaries of such proposed change, the council shall not
adopt the ordinance making such amendment, supplement or repeal, by
less than three-fourths affirmative votes of the members of council.
Streets, alleys and lands dedicated to public use or lands owned by the
city, State or federal government shall not be included in computing the
above-mentioned areas.

Any such protest shall be filed not later than 12 o’clock noon on the
day first advertised for public hearing before the city council pursuant
to the sentence of § 9.12 which reads as follows: “At least fifteen days’
notice of the time and place of any such hearing before the council shall
be given by publication thereof in a daily newspaper of general circulation
published in the city.” Once any such protest has been filed no changes
thereto by way of addition, substitution or amendment, other than witth-
drawal, may be made after said 12 o’clock noon deadline.

§ 9.24. Land Subdivisions—In order to provide for the orderly
subdivision of land within the city and within three miles of the cor-
porate limits thereof there is hereby conferred upon the city and the
counties in which the area outside the city but within three miles thereof
is included, the power to adopt regulations and restrictions relative to the
subdivision of land in the manner hereinafter provided. Such regulations
and restrictions may prescribe standards and requirements for the sub-
division of land which may include but shall not be limited to the fol-
Location, size and layout of lots so as to prevent congestion of
popolation and to provide for light and air; the width, grade, location,
t and arrangement of streets and sidewalks ‘with relation to
other existing streets, planned streets and the master plan; access for
fre fighting apparatus; adequate open spaces; adequate and convenient
facilities for vehicular parking; easements for public utilities; suitable
sites for schools, parks and playgrounds; planting of shade trees and
shrubs; the restriction, and regulation of the erection of buildings and
structures in areas subject to flood; naming and designation of streets and
other public places; laying out, constructing and improving streets, alleys
and sidewalks and the installation of storm and sanitary sewers or any
other utilities owned by the city and apportioning the cost thereof; and the
ee of payment by the developer of his proportionate share of such
cost ; procedure for making variations in such regulations and restrictions ;
requirements for plats of subdivisions and their size, scale, contents and
other matters; for the erection of monuments of specified type for making
and establishing property, street, alley, and other lines and provide penal-
ties for the unauthorized removal of such monuments.
2 Anemergency exists and this act is in force from its passage.

Chapter 12
DIVISION OF MOTION PICTURE CENSORSHIP
$§ 2.1-184 to 2.1-152