CHAPTER 105

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
sections relating, respectively, to the city planning commission, the
powers of the board of zoning appeals and the transfer and destruc-
tion of books and papers; and to amend said chapter by adding thereto
a section numbered 15.01:1, relating to the definition of officer of the

city.
[H 249]
Approved February 25, 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;
* six 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 amendment 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 appointment,
for the unexpired portion of the term. Members of the city planning com-
mission shall serve as such without compensation, but may receive reim-
bursement 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 plan-
ning 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
reason 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 extraordi-
nary exceptional situation the strict application of the terms of the ordi-
nance 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 privilege or con-
venience sought by the owner; provided, however, that all variations
granted shall be in harmony with the intended spirit and purpose 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 increase
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 unreason-
ably 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:

s

* (1) Extension of a zone where the boundary line of a zone divides
a lot in 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 damaged
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 continuance 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 struc-
ture from obtaining the approval of such reconstruction 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 suc-
cessor 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 an agency of its creation the authority to deter-
mine 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 city 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 constitutional
officer of the State of Virginia.

2. Anemergency existing, this act is in force from its passage.