Chap. 197.—An ACT to authorize the councils, or other governing bodies of
cities and towns of the Commonwealth, to divide the municipal area into one
Or more districts, and in such districts to regulate the use of land and of
buildings or other structures and the heighth thereof, and also to establish
building lines and to regulate and restrict the construction and location of
buildings and other structures, and to repeal an act entitled an act to authorize
the councils or other governing bodics of cities of the Commonwealth to
divide the municipal area into one or more districts, and in such «listricts to
regulate the use of land and of buildings or other structures, and the height
thereof, and, also to establish building lines and to regulate and restrict the
construction and location of buildings and other structures, approved Febru-
ary 17, 1922. [HI B 202]

Approved March 18, 1926.

1. Be it enacted by the general assembly of Virginia, That fos
the promotion of health, safety, morals, comfort, prosperity, or general
welfare of the general public, the council or other governing body of
any city or town may, by ordinance, divide the area of the city or
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.

2. All such regulations shall be uniform for each class or kind of
buildings throughout each district, but the regulations in one dis-
trict 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 se-
cure safety from fire, panic and other dangers, to promote health and
the general welfare; to provide adequate light and air; to prevent the
over-crowding of land; to avoid undue concentration of population;
to facilitate the adequate provision of transportation, water, sewer-
age, 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 encour-
aging the most appropriate use of land throughout the city or town.

4. The council or other governing body of such city or town 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 an official paper, or a paper of general publication,
in such city or 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 such 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 three-fourths
of all the members of the council or other governing body of such
city or town. The provisions of the previous section relative to
public hearings and official notice shall apply equally to all changes
or amendments.

6. In order to avail itself of the powers conferred by this act the
hustings or corporation court shall appoint a commission to be known
as the zoning commission to recommend the boundaries of the various
original districts and appropriate regulations to be enforced therein.
Such commission shall submit its final report, and such council or
other governing body shall not hold its public hearings or take action
until it has received the final report of such commission. Where a
city plan commission already exists, it may be appointed as the zoning
commission.

7. Such local hustings or corporation court body may provide
for the appointment of a board of zoning appeals, and in the regula-
tions and restrictions adopted pursuant to the authority of this act
may provide that the said board of zoning appeals may, in appro-
priate 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 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 at 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 meetings 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, in-
dicating 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 zoning appeals may be taken by any
person aggrieved or by any officer; department, board or bureau of
the city or 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 zoning appeals a notice of appeal speci-
fying the grounds thereof. The officer from whom the appeal is
taken shall forthwith transmit to the board all the 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 cer-
tifies to the board of zoning appeals after the notice of appeal shall
have been filed with him that by reason of facts stated in the certifi-
cate 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 restraining order which may be granted by the board of
zoning appeals or by a court record on application or notice to the
officer from whom the appeal is taken and on due cause shown.

12. The board of zoning appeals shall fix a reasonable 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 rea-
sonable time. Upon the hearing any party may appear in person or
by agent or by attorney.

13. The board of zoning appeals shall have the following powers:

(a) To hear ard decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an ad-
ministrative official in the enforcement of this act or of any ordinance
adopted pursuant thereto.

(b) To hear ahd decide special exceptions to the terms of the
ordinance upon which such board is required to pass under such ordi-
nance.

(c) To authorize upon appeal in special cases such variance from
the terms of the ordinance as will not be contrary to the public in-
terest, 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 deter-
mination appealed from, and may make such order, requirement, de-
cision 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 appli-
cant on any matter upon which it is required to pass under any 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 zoning appeals, or any taxpayer, 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 présented 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 zoning appeals to review
such decision of the board of zoning appeals and shall prescribe there-
in the time within which a return thereto must be made and served
upon the relator’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 zoning appeals shall not be required 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 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 proceeding under this section shall have pre-
ference over all other civil actions and proceedings.

22. In case any building or structure is erected, constructed, re-
constructed, 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 local
authorities of the city or town, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such un-
lawful erection, construction, reconstruction, alteration, repair, con-
version, 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 of 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 vio-
lation of any provision of the regulations made under authority of
this or the preceding paragraph. The owner or general agent of a
building or premises where a violation of any provision of said regu-
lations has been committed or shall exist, or the lessee or tenant of an
entire building or entire premises where such violation has been com-
mitted 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, con-
tractor 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 violation 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 wilful, or not more than two hundred and
fifty dollars if the offense be wilful, 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 pro-
visions 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.

24. Wherever the regulations made under authority of this act
requires a greater width or size of yards, courts, or other open spaces,
or require a lower height of building of less number of stories, or re-
quire a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in any other statute or local
ordinance or regulation, the provisions of the regulations made under
authority of this act shall govern. Wherever the provisions of any
other statute or local ordinance or regulation require a greater width
or size of yards, courts, or other open spaces, or require a lower height
of building or a less number of stories, or require a greater percentage
of lot to be left unoccupied, or impose other higher standards than are
required by the regulations made under authority of this act, the pro-
visions of such statute, or local ordinance or regulation shall govern.

25. That an act entitled an act to authorize the councils or other
poverning bodies of cities of the Commonwealth to divide the muni-
cipal area into one or more district, and in such districts to regulate
the use of land and of buildings or other structures, and the height
thereof, and also to establish building lines and to regulate and restrict
the construction and location of buildings and other structures, ap-
proved February seventeenth, nineteen hundred and twenty-two,
be and the same is hereby repealed.

Provided, nothing in this act contained shall be construed as
intended to authorize the impairment of any vested right.

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