CHAPTER 407

An Act to amend the Code of Virginia by adding in Title 15 a chapter
numbered 28 containing sections numbered 15-961 through 15-961.4,
15-962 through 15-962.4, 15-968 through 15-968.8, 15-964 through
15-964.11, 15-965 through 15-965.5, 15-966, 15-967 through 15-967.20,
15-968 through 15-968.12, and 15-969 through 15-969.8, relating to
zoning, planning and subdivision of land; and to repeal §§ 15-766.1
through 15-766.8, 15-779 through 15-891.10, 15-899 through 15-918,
and 15-915 through 15-926 of the Code of Virginia, and all amend-
ments thereof, relating to the same matters.

fH 10]

Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 15 a chapter
numbered 28 containing sections numbered 15-961 through 15-961.4,
15-962 through 15-962.4, 15-963 through 15-963.8, 15-964 through 15-964.11,
15-965 through 15-965.5, 15-966, 15-967 through 15-967.20, 15-968 through
15-968.12, and 15-969 through 15-969.38, as follows:

CHAPTER 28.
ARTICLE 1.
General Provisions.
§ 15-961. The governing body of any county or municipality may by
resolution or ordinance create a local planning commission or participate

in a regional planning commission in order to promote the orderly develop-
ment of such political subdivision and its environs. This act is intended
to encourage local governments to improve public health, safety, con-
venience or welfare and to plan for the future development of communities
to the end that transportation systems be carefully planned; that new
community centers be developed with adequate highway, utility, health,
educational, and recreational facilities; that the needs of agriculture, in-
dustry and business be recognized in future growth; that residential areas
be provided with healthy surrounding for family life; and that the growth
of the community be consonant with the efficient and economical use of
public funds. —

In accomplishing the foregoing objectives such planning commissions
shall serve primarily in an advisory capacity to the governing bodies. |

§ 15-961.1. The planning commission of any region, county or munic-
ipality may cooperate with other planning commissions or legislative and
administrative bodies and officials of other regions, counties, and munic-
ipalities within or without such areas, so as to coordinate the planning and
development of such region, county or municipality with the plans of such
other regions, counties, or municipalities. Such commissions may appoint
such committees and may adopt such rules as needed to effect such co-
operation. Such planning commissions may also cooperate with the State
Department of Conservation and Economic Development and use advice
and information furnished by such Department and by other State and
federal officials, departments and agencies. Such departments and agencies
having information, maps and data pertinent to the planning and develop-
ment of such region, county or municipality may make the same available
for the use of such planning commissions.

§ 15-961.2. Upon the effective date of this act, planning commissions,
by whatever name designated, and boards of zoning appeals heretofore
established shall continue to operate as though created under the terms of
this act. All actions lawfully taken by such commissions and boards are
hereby validated and continued in effect until amended or repealed in
accordance with this act.

The membership of existing planning commissions and boards of
zoning appeals shall continue unchanged until the first regular meeting
of the governing body of the county or municipality in January nineteen
hundred sixty-three. At that time any appointments or changes needed
to conform any such commission or board to the requirements of this
act shall be made.

The adoption of a comprehensive or master plan or any general develop-
ment plans under the authority of prior acts is hereby validated and shall
continue in effect until amended under the provisions of this act.

§ 15-961.3. (a) “Governing body” means the board of supervisors of
a county or the council of a city or town.

(b) “Historic area’? means an area containing buildings or places in
which historic events occurred or having special public value because of
notable architectural or other features relating to the cultural or artistic
heritage of the community, of such significance as to warrant conservation
and preservation.

(c) “Local planning commission” or “local commission” means a
municipal planning commission or a county planning commission.

(d) “Municipality” means a city or town incorporated under the laws
of Virginia.

(e) “Official map” means a map of legally established and proposed
public streets, waterways, and public areas, adopted by the governing body
of a county or municipality in accordance with the provisions of Article 5
hereof.

(f) “Person” means individual, firm, corporation or association.

(g) “Regional planning commission” means a planning commission
for any region consisting of any two or more adjacent counties or munic-
ipalities or of either or both, including any county and any town or towns
within it, heretofore organized or organized under the provisions of
Article 2 hereof; and includes any such commission organized under the
designation ‘‘regional planning and economic development commission”’.

(h) “Street” means highway, street, avenue, boulevard, road, lane,
alley, or any public way.

§ 15-961.4. Plans or ordinances or amendments thereof, recommended
or adopted under the powers conferred by this act need not be advertised
in full, but may be advertised by reference. Every such advertisement
shall contain a reference to the place or places within the county or
municipality where copies of the proposed plans, ordinances or amend-
ments may be examined.

When public notice is required by this act, the local commission
shall not recommend nor the governing body adopt any plan, ordinance or
amendment until notice of intention so to do has been published once a
week for two successive weeks in some newspaper published or having
general circulation in such county or municipality. Such notice shall
specify the time and place of hearing at which persons affected may appear
and present their views, not less than five days nor more than ten days
after final publication.

After enactment of any such plan, ordinance or amendment further
publication thereof shall not be required.

ARTICLE 2.
Regional Planning.

§ 15-962. (a) The governing bodies of any two or more counties
or municipalities which authorize the establishment of membership in, and
support of, a regional planning commission shall determine the number
and qualifications of the members of any such commission, their terms of
office and method of appointment or removal. Not more than one member
of the governing body of each participating political subdivision shall be a
member of such commission. Members of a regional planning commission
shall serve without salary but may be reimbursed for expenses incurred
in the performance of their duties. 'The commission shall elect a chairman
who shall serve for a fixed term not exceeding four years and who shall not
be eligible for reelection as chairman for the ensuing term. The commis-
sion may create and fill such other offices as it deems necessary.

(b) Every commission shall adopt rules for the transaction of
business and shall keep a record of its transactions which record shall be a
public record. Each participating county or municipality may, upon re-
quest of the commission, assign to the commission any employees to
make special surveys or studies requested by the commission. All officials
of participating counties and municipalities, upon request, shall furnish to
the commission such available information as it requires.

(c) A commission may require its employees who receive and disburse
funds of the commission to be bonded.

(d) Any regional planning and economic development commission
heretofore created may in its discretion delete the words “economic develop-
ment’? from its name but such change shall not affect or limit the powers
and duties of such commission.

§ 15-962.1. (a) The governing bodies of participating counties and
municipalities are authorized to appropriate funds for the operation of
a regional commission. Such commission may, with the consent of all
the participating governing bodies, receive grants from the federal or
State governments, or any other source, and may contract therewith. Such
commission may appoint such employees and staff as it deems necessary for
its work, and contract with consultants for the services it requires.

(b) Such commission may provide planning assistance and do plan-
ning work, including surveys, land use studies, urban renewal plans,
technical services and other elements of comprehensive planning programs
in and for any county or municipality within the region, and for this pur-
pose may, with the consent of the participating governing bodies, accept
and use funds, personnel or other assistance made available by the federal
or State governments or any other source. A commission may enter into
agreements or contracts regarding the acceptance or use of the funds or
assistance. A commission may perform planning services for any govern-
ment which is not a member thereof, and may charge fees therefor. A
commission may prepare and sell maps, reports, bulletins or other materia]
pertaining to the activities of the commission.

(c) The Governor is authorized to make available to each commission
from funds available to the Governor a sum not to exceed one-half the cost
of salaries and operation of a staff, in no case to exceed ten thousand
dollars to any one commission annually. Such funds may be made
available by the Governor upon application from a commission provided
that the composition of the region and the program of activities to be
undertaken are approved by the Commissioner of the Division of Industrial
Development and Planning and the personnel they propose to appoint are
qualified in the judgment of the Commissioner of the Division of Industrial
Development and Planning.

§ 15-962.2. It shall be the duty of every commission to prepare and
recommend a comprehensive plan for the guidance of the physical develop-
ment of the region, and it may conduct the surveys and studies necessary
thereto. Such plan, with its maps, diagrams and descriptive matter, shall
be concerned with those elements of physical development which are
regional in importance or which extend beyond the boundary of any one
participating political subdivision, as distinguished from matters only of
local importance. Among the matters that may be incorporated in a
comprehensive regional plan are the following:

(a) A system of major streets, highways and transportation facilities,
including ports, airports and supporting installations, primarily serving
the region in general;

A system of major parks and other recreational areas and fa-
cilities to serve the region in general;

(c) Water supply and sewage disposal facilities including the principal
distribution mains and trunk sewers, and other utilities;

(d) Drainage and flood control systems;

(e) A general plan for the best utilization of land throughout the
region, including the determination of the best over-all locations for
industry, business, living areas, recreation, conservation, agriculture, and
other uses;

(f) Facilities for community service of a type that might serve the
region at large, such as penal institutions, hospitals, and welfare insti-
utions.

In the preparation of a comprehensive regional plan, the commission
shall make appropriate studies of such matters as the existing and
potential cultural and economic patterns and growth of the region, its
population characteristics, trends and prospects, the principal aspects of
existing development, and trends of development. The plan shall be
designed to accommodate anticipated growth for many years ahead but
shall be drawn with due regard for a reasonable estimate of the ways and
means for accomplishing the objectives indicated.

§ 15-962.8. The commission may recommend, or thereafter recommend
amendments to, the comprehensive plan by resolution approved by at least a
majority of its entire membership but the plan or amendments thereto
shall not become effective as to a participating political subdivision until
approved and adopted by a majority vote of the governing body thereof.
Before recommending, or recommending amendments to such plan, how-
ever, the commission shall first submit it, or the relevant parts of it, to the
planning commissions of the several jurisdictions comprising the region
and shall give each of them a reasonable period of time, not less than thirty
days, in which to submit their comments. The regional planning commis-
sion shall also hold at least one public hearing after giving notice as
provided in § 15-961.4.

§ 15-962.4. After the adoption of a regional plan as provided here-
in, no county or municipality or authority shall proceed with the con-
struction of any public improvement or public institution, or with the
acquisition of any land for public purposes, or the disposition of any public
lands, which construction, acquisition or disposition, in the sole judg-
ment of the governing body, is in conflict with the regional plan, without
first referring the proposal to the commission. The commission shall
consider the proposal in relation to the comprehensive regional plan and
determine whether or not it is consistent therewith and submit a reply
within thirty days of such referral. In the case of disapproval by the
regional planning commission, the project shall not proceed or the land
be purchased or disposed of except by a majority vote of the member-
ship of the governing body, board or authority which submitted the

proposal.
ARTICLE 3
Local Planning

§ 15-963. A local planning commission, hereinafter sometimes re-
ferred to as local commission shall consist of not less than five nor more
than fifteen members, appointed by the governing body, all of whom shall
be residents of the county or municipality, and who shall be freeholders
qualified by knowledge and experience to make decisions on questions
of community growth and development. The local governing body may
require each member of the commission to take an oath of office.

One member of the commission may be a member of the governing
body of the county or municipality, and one member may be a member of
the administrative branch of government of the county or municipality.
The term of each of these two members shall be co-extensive with the term
of office to which he has been elected or appointed, unless the governing
body, at the first regular meeting each year, appoints others to serve
as their representatives. The remaining members of the commission first
appointed shall serve respectively for terms of one year, two years, three
years, and four years, divided equally or as nearly equal as possible between
the membership. Subsequent appointments shall be for terms of four
vears each. The local governing bodies may establish different terms of
office for initial and subsequent appointments. Vacancies shall be filled
by appointment for the unexpired term only. Members may be removed
for malfeasance in Office.

The local governing body may provide for: (1) reimbursement of
actual expenses incurred by members of the commission; or (2) compen-
sation to such members, or any of them, for their services; or (3) both.

§ 15-963.1. In cases where a municipality is situated within or is com-
pletely surrounded by a county, or adjoins a county or another municipality
and such localities have local commissions, a representative of the local
commission of such county or municipality, designated by it, may be. with
the consent of the governing bodies of both localities, an advisory member of
the local commission of such other county or municipality, as the case may
e.

§ 15-963.2. The local commission shall fix the time for holding regular
meetings, but it shall meet at least every two months.

Special meetings of the commission may be called by the chairman
or by two members upon written request to the secretary. The secretary
shall mail to all members, at least five days in advance of a special meeting,
a written notice fixing the time and place of the meeting and the purpose
thereof.

Written notice of a special meeting is not required if the time of
the special meeting has been fixed at a regular meeting, or if all members
are present at the special meeting or file a written waiver of notice.

§ 15-963.3. A majority of the members shall constitute a quorum and
no action of the local commission shall be valid unless authorized by a
majority vote of those present.

§ 15-963.4. The governing body may provide the local commission with
facilities for the holding of meetings and the preservation of plans, maps,
documents and accounts, and may appropriate funds needed to defray the
expenses of the commission.

§ 15-963.5. The local commission shall elect from the appointed mem-
bers a chairman and a vice-chairman, whose terms shall be for one year.
If authorized by the governing body the commission may (1) create and
fill such other offices as it deems necessary; (2) appoint such employees
and staff as it deems necessary for its work; and (8) contract with con-
sultants for such services as it requires. The expenditures of the com-
mission, exclusive of gifts or grants, shall be within the amounts appro-
priated for such purpose by the governing body.

The commission shall adopt rules for the tranaction of business and
shall keep a record of its transactions which shall be a public record.
Upon request of the commission, the governing body or other public officials
may, from time to time, for the purpose of special surveys under the direc-
tion of the commission, assign or detail to it any members of the staffs of
county or municipal administrative departments, or such governing body
or other public official may direct any such department employee to make
for the commission special surveys or studies requested by the local
commission.

§ 15-963.6. The governing body of any town located within a
county having a local commission, may designate, with the consent of
the governing body of such county, by ordinance, such commission as
the local commission of such town.

A county commission designated as a town commission shall have
all the powers and duties granted under this act to a local commission.

Any municipality designating a county commission as its local com-
mission may contract annually to pay the county a proportionate part
of the expenses properly chargeable for the planning service rendered
such municipality, and any such payments may be appropriated to such
county commission in addition to any funds budgeted for planning
purposes.

Any one or more adjoining or adjacent counties or municipalities in-
cluding any municipality within any such county may by agreement pro-
vide for a joint local commission for any two or more of such counties and
municipalities. Such agreement shall provide for the number of members
of such commission and how they shall be appointed, in what proportion
the expenses of such commission shall be borne by the participating political
subdivisions, and any other matters pertinent to the operation of the com-
mission as the joint local commission for such political subdivisions. Any
commission so created shall have, as to each participating political sub-
division, the powers and duties granted to and imposed upon local com-
missions under this chapter.

§ 15-963.7. To effectuate this act, the local commission shall:

(a) Exercise general supervision of, and make regulations for, the
administration of its affairs;

(bo) Prescribe rules pertaining to its investigations and hearings;

(c) Supervise its fiscal affairs and responsibilities, under rules and
regulations as prescribed by the governing body.

(d) Keep a complete record of its proceedings; and be responsible for
the custody and preservation of its papers and documents;

(e) Make recommendations and an annual report to the governing
body concerning the operation of the commission and the status of
planning within its jurisdiction;

(f) Prepare, publish and distribute reports, ordinances and other
material relating to its activities;

(zg) Prepare and submit an annual budget in the manner prescribed
by the governing body of the county or municipality ; and

(h) If deemed advisable, establish an advisory committee or com-
mittees.

§ 15-963.8. The local commission may expend, under regular county or
municipal procedure as provided by law, sums appropriated to it for its
purposes and activities.

The governing body of a county or municipality may accept gifts
and donations for local commission purposes. Any moneys so accepted
shall be deposited with the appropriate governing body in a special non-
reverting local commission fund to be available for expenditure by the
local commission for the purpose designated by the donor. The dis-
bursing officer of the county or municipality may issue warrants against
such special fund only upon vouchers signed by the chairman and the
secretary of the local commission.

ARTICLE 4
The Comprehensive Plan

§ 15-964. The local commission sha!l prepare and recommend a com-
prehensive plan for the physical development of the territory within its
jurisdiction. Such plan, with the accompanying maps, plats, charts, and
descriptive matter, shall show the commission’s long range recom-
mendations for the general development of the territory covered by the
plan. It may include, but need not be limited to, (1) the designation of
areas for various types of public and private development and use, such
as different kinds of residential, commercial, industrial, agricultural, con-
servation, recreation, public service, flood plain and drainage, and other
areas, which part of the plan may be known as a Land Use Plan; (2) the
designation of a comprehensive system of transportation facilities such
as streets, roads, highways, parkways, railways, bridges, viaducts, water-
ways, airports, ports, terminals, and other like facilities; (3) the desig-
nation of a system of community service facilities such as parks, forests,
schools, playgrounds, public buildings and institutions, hospitals, com-
munity centers, waterworks, sewage disposal or waste disposal areas, and
the like; and (4) the designation of areas for urban renewal or other treat-
ment. The comprehensive plan shall be general in nature, in that it shall
designate the general or approximate location, character, and extent of
each feature shown on the plan, but it may indicate where existing lands
or facilities are proposed to be extended, widened, removed, relocated,
vacated, narrowed, abandoned, or changed in use as the case may be.

In the preparation of a comprehensive plan the commission shall make
careful and comprehensive surveys and studies of the existing conditions
and trends of growth, and of the probable future requirements of the com-
munity. The comprehensive plan shall be made with the general purpose
of guiding and accomplishing a coordinated, adjusted and harmonious de-
velopment of the area which will, in accordance with present and probable
future needs and resources, best promote the health, safety, morals, order,
convenience, prosperity or general welfare of the inhabitants.

§ 15-964.1. (1) In the preparation of a comprehensive plan, the local
commission shall investigate such matters as the following:

(a) Existing development, use of land, trends of growth or changes,
natural site characteristics, history of community population changes,
population densities, employment and economic factors, existing community
facilities, characteristics and conditions of existing development, areas of
blight, street and highway facilities, traffic conditions, parking conditions,
drainage conditions, flood control and flood damage prevention measures,
transportation facilities, school and recreational facilities, and any other
matters relating to the subject matter and general purposes of the compre-
hensive plan.

(b) Probable future economic and population growth of the com-
munity, and requirements for land areas for agriculture, forestry, urban
growth, industry, transportation, water supplies, schools, parks, adminis-
trative buildings, and other public purposes.

(2) The comprehensive plan may be implemented by the preparation
and recommendation, as provided in this act, of the following:

(a) The official map;

(b) A long-range development profram of public works; projects
based on the comprehensive plan and related to the financial resources of
the community, which program should be reviewed annually;

(c) Detailed plans of specific projects included on the official map;

(d) A subdivision control ordinance; and

(e) A zoning ordinance and zoning districts map.

§ 15-964.2. Prior to the recommendation of a comprehensive plan or
any part thereof, the local commission shall give notice and hold a public
hearing on the plan, after notice as required by § 15-961.4. After such
public hearing has been held the commission may by resolution recom-
mend the plan to the governing body.

§ 15-964.3. Upon recommendation of the comprehensive plan or a part
thereof by the local commission, a copy thereof shall be certified to the
governing body.

§ 15-964.4. After certification of the plan or a part thereof the govern-
ing body after a public hearing with notice as required by § 15-961.4 shall
proceed to a consideration of the plan and shall approve and adopt,
amend and adopt, or disapprove the same within six months after such
certification.

§ 15-964.5. If such governing body disapproves the plan, then it shall
be returned to the local commission for its reconsideration, with a written
statement of the reasons for its disapproval.

The commission shall have sixty days in which to reconsider the
plan and re-submit it, with any changes, to the governing body.

§ 15-964.6. As the work of preparing the comprehensive plan pro-
gresses, the local commission may, from time to time, recommend, and the
governing body approve and adopt, parts thereof; any such part shall
cover one or more major sections or divisions of the county or munic-
ipality or one or more functional matters.

§ 15-964.7. After the adoption of a comprehensive plan, all amend-
ments to it shall be recommended, and approved and adopted, respectively,
according to the public notice and hearing procedures set forth for recom-
mendation and approval and adoption of the original plan except that, if
the governing body desires an amendment it may direct the local commis-
sion to prepare an amendment and submit it to public hearing within sixty
days after formal written request by the governing body.

§ 15-964.8. At least once every five years, the comprehensive plan, or
the completed parts of it, shall be reviewed by the local commission to
determine whether it is advisable to amend the plan.

§ 15-964.9. Any county plan may include planning of incorporated
towns to the extent to which, in the county local commission’s judgment,
it is related to planning of the unincorporated territory of the county as a
whole, provided, however, that the plan shall not be considered as a
comprehensive plan for any incorporated town unless recommended by the
town commission, if any, and adopted by the governing body of the town..

Any municipal plan may include the planning of adjacent un-
incorporated territory to the extent to which, in the municipal local com-
mission’s judgment, it is related to the planning of the incorporated
territory of the municipality; provided, however, that the plan shall not be
considered as a comprehensive plan for such unincorporated territory un-
less recommended by the county local commission, if any, and approved
and adopted by the governing body of the county.

§ 15-964.10. Whenever the local commission shall have recommended a
comprehensive plan or part thereof for the county or municipality and
such plan shall have been approved and adopted by the governing body,
it shall control the general or approximate location, character and extent
of each feature shown on the plan. Thereafter no street, park or other
public area, public building or public structure, or public utility, whether
publicly or privately owned, shall be constructed, established or authorized,
unless and until the general location, character, and extent thereof has been
submitted to and approved by the local commission; provided, that in case
of disapproval, the commission shall communicate its reasons for dis-
approval in writing to the governing body, which may overrule the action
of the commission by a vote of a majority of the membership thereof; and
provided that the failure of the commission to act within sixty days of such
submission, unless such time be extended by the governing body, shall be
deemed approval. Widening, narrowing, extension, enlargement, vacation
or change of use of streets or public areas shall likewise be submitted for
approval, but paving, repair, reconstruction, improvement, drainage or
similar work and normal service extensions of public utilities shall not
require approval unless involving a change in location or extent of a street
or public area.

§ 15-964.11. Every department, board, bureau, commission, or other
agency of the Commonwealth of Virginia, which is responsible for the con-
struction, operation, or maintenance of any public facility within the
territory to be included within a comprehensive plan or any part thereof,
or which is responsible for acquiring land for any public purpose, or of
disposing of such land, shall, upon the request of the local commission
having authority to prepare such plan, furnish reasonable information
requested relative to the plans of said agency which may affect the compre-
hensive plan; and every such agency shall collaborate and cooperate with
such commission, when requested, in the preparation of the comprehensive
plan to the end that the plan will coordinate the interests and responsibilities
of all concerned. Nothing herein shall be deemed, however, to abridge
the authority of any such State agency regarding the facilities now or
hereafter coming under its jurisdiction.
§ 15-965. In counties or municipalities where no official map exists,
or where an existing official map is incomplete, the local commission may
make, or cause to be made, a map showing the locations of:

(a) Legally established public streets, waterways, and public areas
of the county or municipality; and

(b) Future or proposed public streets, waterways and public areas.

The placing of any street or future or proposed street line upon the
official map shall not, in and of itself, constitute or be deemed to constitute
the opening or establishment of any street, nor the taking or acceptance
of any land for street purposes, nor shall it obligate the county or munic-
ipality either to improve or maintain any such street. Nor shall the in-
clusion of proposed waterways or public areas constitute or be deemed a
taking or acceptance of any land for public purposes.

No future or proposed street or street line, waterway, nor public
area, shall be shown on an official map unless and until the center line of
such street, the course of such waterway, or the metes and bounds of such
public area, have been fixed or determined in relation to known, fixed and
permanent monuments by a physical survey thereof. In addition to the
center line of each street, the map shall indicate the width of the right
of way thereof. Local commissions are hereby empowered to make or
cause to be made the surveys required herein.

§ 15-965.1. After such map has been prepared and recommended by the
local commission it shall be certified by the commission to the governing
body of the county or municipality. The governing body may then approve
and adopt the same by a majority vote of the membership thereof and
publish it as the official map of the county or municipality. No official
map shall be adopted by the governing body or have any effect until
approved by ordinance duly passed by the governing body of the county
or municipality after a public hearing, preceded by public notice as re-
quired by § 15-961.4.

Within thirty days after adoption of the official map the governing
body shall cause it to be filed in the office of the clerk of the court or
courts of the county or city wherein deeds are admitted to record.

§ 15-965.2. After adoption of the official map in accordance with this
article, all streets, waterways, and public areas on subsequently recorded
plats of subdivision shall be deemed additions or modifications of the
official map and shall be placed thereon. No public hearing need be held
or notice given in this connection.

The governing body may by ordinance make, from time to time,
other additions to or modifications of the official map by placing thereon
the location of proposed streets, street widenings, or street vacations,
waterways and public areas in accordance with the procedures applicable
to such county or municipality.

Prior to making any such additions or modifications of the official
map, the governing body shall refer the same to the local commission for
its consideration. The commission shall take action on such proposed
additions or modifications within sixty days and report its recommen-
dations to the governing body.

Upon receipt of the report of the commission, the governing body shall
hold a public hearing on the proposed addition or modification to the
official map and shall give notice of such hearing in accordance with
§ 15-961.4. All such reports of the commission, when delivered to the
governing body, shall be available for public inspection.

Any ordinance embodying additions to or modifications of the official
map shall be adopted by at least the vote required for original adoption
of the official map. After the public hearing and the final passage of
such ordinance, the additions or modifications shall become a part of the
official map of the county or municipality. All changes, additions or
modifications of the official map shall be filed with the clerk of the court
as provided in § 15-965.1.

§ 15-965.8. The official map and any additions thereto or modi-
fications thereof shall be reviewed within not more than five years from
the date of adoption or readoption of the map by the governing body.
The procedure by the local commission and the governing body in con-
nection with such review shall conform to that prescribed as to original
adoption of the map. Neither the official map nor any additions thereto
or modifications thereof shall be of any force or effect for more than
five years after adoption or readoption of the map unless readopted by the
governing body in accordance herewith.

§ 15-965.4. During the preparation of an official map the local com-
mission shall consult with the State Highway Commission or its local
representative as to any streets under the jurisdiction of the Highway
Commission, and prior to recommendation of the map to the governing
body it shall submit the same to the Highway Commission for comment.
Any recommendations of the Highway Commission, not incorporated in
the official map, shall be forwarded to the governing body when the map
is recommended by the local commission. When any county or munic-
ipality has adopted an official map in accordance with the terms of this
act a certified copy of the map and ordinance adopting it shall be sent to
the Highway Commission.

§ 15-965.5. The provisions of this article shall not affect the exercise
of the authority contained in § 33-141, et seq., of the Code of Virginia,
by counties that have withdrawn their roads from the secondary system

of State highways.
ARTICLE 6.

Capital Outlay Programs.

§ 15-966. A local commission may, and at the direction of the
governing body shall, prepare and revise annually a program of capital
improvement projects based on the comprehensive plan of the county or
municipality for a period not to exceed the ensuing five years. The com-
mission shall submit the same annually to the governing body, or to the
city or town manager, county manager, county executive or other official
charged with preparation of the budget for the municipality or county, at
such time as it or he shall direct. Such capital outlay program shall in-
clude the commission’s recommendations, and estimates of cost of such
projects and the means of financing them, to be undertaken in the en-
suing fiscal year and in a period not to exceed the next four years, as the
basis of the capital budget for the county or municipality. In the prepar-
ation of its capital budget recommendations, the commission shall consult
with the city or town manager, county manager, county executive or
other executive head of the government of the county or municipality, the
heads of departments and interested citizens and organizations and shall
hold such public hearings as it deems necessary.

ARTICLE 7.
Land Subdivision and Development.

§ 15-967. The governing body of any county or municipality may
adopt an ordinance to assure the orderly subdivision of land and its
development. Unless otherwise defined in such ordinance, the term
“subdivision” means the division of a parcel of land into three or more
lots or parcels of less than five acres each for the purpose of transfer 0:
ownership or building development, or, if a new street is involved ir
such division, any division of a parcel of land. The term includes resub
division and, when appropriate to the context, shall relate to the proces:
of subdividing or to the land subdivided.

§ 15-967.1. A subdivision ordinance may include, among other things
reasonable regulations and provisions that apply to or provide:

(a) For size, scale and other plat details;

(b) For the orderly development of the general area;

(c) For the coordination of streets within the subdivision with othe:
existing or planned streets within the general area as to location, widths.
grades and drainage;

(d) For adequate provisions for drainage and flood control and other
public purposes, and for light and air;

(e) For the extent to which and the manner in which streets shall be
graded, graveled or otherwise improved and water and storm and sanitary
sewer and other utilities or other facilities installed;

(f) For the acceptance of dedication for public use of any right of way
located within any subdivision which has constructed therein, or proposed
to be constructed therein, any street, curb, gutter, sidewalk, drainage or
sewerage system or other improvement, financed or to be financed in whole
or in part by private funds only if the owner or developer (1) certifies to
the governing body that the construction costs have been paid to the per-
son constructing such facilities, or (2) furnishes to the governing body
a certified check in the amount of the estimated costs of construction or a
bond, with surety satisfactory to the governing body, in an amount suf-
ficient for and conditioned upon the construction of such facilities, or a
contract for the construction of such facilities and the contractor’s bond,
with like surety, in like amount and so conditioned;

(g) For monuments of specific types to be installed establishing
street and property lines;

(h) That unless a plat be filed for recordation within a reasonable
time after final approval thereof such approval shall be withdrawn and
the plat marked void and returned to the approving official; and

(i) For the administration and enforcement of such ordinance, not
mconsistent with provisions contained in this act.

§ 15-967.2. The subdivision regulations adopted by a municipality shall
apply within its corporate limits and may apply beyond, except as to
counties with a population in excess of six hundred per square mile, if
the ordinance so provides, within the distance therefrom set out below:

(a) Within a distance of five miles from the corporate limits of cities
having a population of one hundred thousand or more;

(b) Within a distance of three miles from the corporate limits of
tities having a population of less than one hundred thousand; and

(c) Within a distance of two miles from the corporate limits of
ncorporated towns.

Where the corporate limits of two municipalities are closer together
han the sum of the distances from their respective corporate limits as
ibove set forth, the dividing line of jurisdiction shall be half-way between
he limits of the overlapping boundaries.

The foregoing distances may be modified by mutual agreement be-
ween the governing bodies concerned, depending upon their respective
reas of interest, provided such modified limits bear a reasonable relation-
hip to natural geographic considerations or to the comprehensive plans
for the area. Any such modification shall be set forth in the respective
subdivision ordinances, by map or description or both.

No such regulations shall be finally adopted by any such municipality
until the governing body of the county in which such area is located shall
have been duly notified in writing by the governing body of the munic-
ipality or its designated agent of such proposed regulations, and requested
to review and approve or disapprove the same; and if such county fail
to notify the governing body of such municipality of its disapproval of
such plan within forty-five days after the giving of such notice, such plan
shall be considered approved. Provided, however, that in any county
which has a duly appointed planning commission, the governing body or
the council shall send a copy of such proposed regulations or amendments
thereof to such commission which shall review and recommend approval
or disapproval of the same. The county commission shall not take any
such action until notice has been given and a hearing held as prescribed
by § 15-961.4. Such hearing shall be held by the county commission within
sixty days after the giving of notice by the municipality or its agent. Such
commission shall forthwith after such hearing make its recommendations to
the governing body of the county which shall within thirty days after such
hearing notify the municipality of its approval or disapproval of such
regulations and no regulations effective beyond the corporate limits shall
be finally adopted by the municipality until notification by the governing
body of the county, except that if the county fails to notify the governing
body of the municipality of its disapproval of such regulations within
ninety days after the copy of the regulations or amendments thereof are
received by the county commission, the regulations shall be deemed to have
been approved.

§ 15-967.3. The subdivision regulations adopted by a county shall
apply in all the unincorporated territory of the county; provided, that no
such regulations to be effective in the area of a county subject to munic-
ipal jurisdiction shall be finally adopted by such county until the governing
‘body of the municipality shall have been notified in writing of such pro-
posed regulations, and requested to review and approve or disapprove the
same, and if such municipality fails to notify the governing body of such
county of its disapproval of such regulations within forty-five days after
the giving of such notice, the same shall be considered approved; and
provided further, that if the municipality has a duly appointed planning
commission, the governing body of the county or its agent shall give such
notice to such commission as is required to be given county planning
commissions by the preceding section, and the provisions of that section
shall apply, mutatis mutandis, to the actions of such commission and the
governing bodies of the county and city, respectively.

§ 15-967.4. In either event when a disagreement arises between the
county and municipality as to what regulations should be adopted for the
area, and such difference can not be amicably settled, then after ten days
prior written notice by either to the other, either or both parties may
petition the circuit court of the county wherein the area or a major part
thereof lies to decide what regulations are to be adopted. The court shall
hear the matter and enter an appropriate order.

§ 15-967.5. In any county or municipality having a local commission,
any proposed subdivision ordinance shall be prepared and recommended
by such commission and be transmitted to the governing body. The
governing body of any county or municipality may approve and adopt a
subdivision ordinance only after a notice of intention so to do has been
published, and a public hearing held, in accordance with § 15-961.4.

§ 15-967.6. When a subdivision ordinance has been adopted, or
amended, a certified copy of the ordinance and any and all amendments
thereto shall be filed in the office of the engineer or other official of the
municipality or county, designated in such ordinance, and in the clerk’s
office of the court or courts in which deeds are admitted to record of
each county or municipality in which such ordinance is applicable. _

§ 15-967.7. In any county or municipality having a local commission,
such commission on its own initiative may or at the request of the governing
body of the county or municipality shall prepare and recommend amend-
ments to the subdivision ordinance. The procedure for such amend-
ment shall be the same as for the preparation and recommendation and
approval and adoption of the orginal ordinance; provided that no such
amendment shall be adopted by the governing body of a county or munic-
cipality having a local commission without a reference of the proposed
amendment to the commission for recommendation, nor until sixty days
after such reference, if no recommendation is made by the commission.

§ 15-967.8. After the adoption of a subdivision ordinance in accordance
with this act, the following provisions shall be effective in the territory to
which such ordinance applies:

(a) No person shall subdivide land without making and recording a
plat of such subdivision and without fully complying with the provisions
of this article and of such ordinance.

(b) No such plat of any subdivision shall be recorded unless and
until it shall have been submitted to and approved by the local commission
or by the governing body or its duly authorized agent, of the county
or municipality wherein the land to be subdivided is located; or by
the commissions, governing bodies or agents, as the case may be, of each
county or municipality having a subdivision ordinance, in which any part
of the land lies.

(c) No person shall sell or transfer any such land by reference to or
exhibition of or by other use of a plat of a subdivision, before such plat
has been duly recorded as provided herein, unless such subdivision was
lawfully created prior to the adoption of a subdivision ordinance applicable
thereto, provided, that nothing herein contained shall be construed as
preventing the recordation of the instrument by which such land is trans-
ferred or the passage of title as between the parties to the instrument.

(d) Any person violating the foregoing provisions of this section
shall be subject to a fine of not more than one hundred dollars for each
lot or parcel of land so subdivided or transferred or sold; and the des-
cription of such lot or parcel by metes and bounds in the instrument of
transfer or other document used in the process of selling or transferring
shall not exempt the transaction from such penalties or from the remedies
herein provided.

(e) No clerk of any court shall file or record a plat of a subdivision re-
quired by this article to be recorded until such plat has been approved as
required herein; and the penalties provided by § 17-59 shall apply to any
failure to comply with the provisions of this subsection.

§ 15-967.9. The administration and enforcement of subdivision regu-
lations insofar as they pertain to public improvements as authorized in
$ 15-967.1 shall be vested in the governing body of the political subdivision
in which the improvements are or are to be located.

Except as provided above, the governing body which adopts sub-
division regulations as authorized in this article shall be responsible for
administering and enforcing the provisions of such subdivision regulations,
through its planning commission or otherwise.

§ 15-967.10. Whenever the owner or proprietor of any tract of land
located within any territory to which a subdivision ordinance applies
desires to subdivide the same, he shall submit a plat of the proposed sub-
division to the local commission of the county or municipality, or an agent
designated by the governing body thereof for such purpose. When the
land involved lies wholly or partly within an area subject to the joint
control of more than one political subdivision, the plat shall be sub-
mitted to the local commission or other designated agent of the political
subdivision in which the tract of land is located.

If a local commission or other agent fails to approve or disapprove
the proposed plat within forty-five days after it has been officially sub-
mitted for approval the subdivider, after ten days’ written notice to the
commission, or agent, may petition the circuit or corporation court of the
county or municipality in which the land involved, or the major part
thereof, is located, to decide whether the plat should or should not be
approved. The court shall hear the matter and make and enter such
order with respect thereto as it deems proper.

If a local commission or other agent disapproves a plat and the
subdivider contends that such disapproval was not properly based on the
ordinance applicable thereto, or was arbitrary or capricious, he may
appeal to the circuit or corporation court having jurisdiction of such land
and the court shall hear and determine the case as soon as may be.

Nothing in this article shall be deemed to prohibit the local governing
body from providing in its ordinance for the submission of preliminary
subdivision plats for tentative approval under such rules of preparation
and procedure as may be set forth in said ordinance.

§ 15-967.11. Every subdivision plat which is intended for recording
shall be prepared by a certified professional engineer or land surveyor, who
shall endorse upon each such plat a certificate signed by him setting forth
the source of title of the owner of the land subdivided and the place of
record of the last instrument in the chain of title; when the plat is of
land acquired from more than one source of title, the outlines of the
several tracts shall be indicated upon such plat. Provided, however,
that nothing herein shall be deemed to prohibit the preparation of
preliminary studies, plans, or plats of a proposed subdivision by the owner
of the land, city planners, land planners, architects, landscape architects,
or others having training or experience in subdivision planning or design.

§ 15-967.12. Every such plat, or deed of dedication to which the plat
is attached, shall contain in addition to the professional engineer’s or land
surveyor’s certificate a statement as follows: the platting or dedication of
the following described land (here insert a correct description of the land
subdivided) is with the free consent and in accordance with the desire
of the undersigned owners, proprietors, and trustees, if any. The state-
ment shall be signed by such persons and duly acknowledged before some
officer authorized to take acknowledgment of deeds. When thus executed
and acknowledged, the plat, subject to the provisions herein, shall be filed
and recorded in the office of the clerk of court where deeds are admitted to
record for the lands contained in the plat, and indexed in the general index
to deeds under the names of the owners of lands signing such statement,
and under the name of the subdivision.

§ 15-967.13. 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, public easements or other public use and 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.

§ 15-967.14. Nothing herein shall be construed as creating an obligation
upon any municipality or county to pay for grading or paving, or for
sidewalks, sewers, curb and gutter improvements or construction.

§ 15-967.15. If the owners of any such subdivision desire to construct
in, on or under any streets or alleys located in such subdivision any gas,
water, sewer or electric light or power works, pipes, wires, fixtures or
systems, they shall present plans or specifications therefor to the governing
body of the county or municipality in which the subdivision is located
or its authorized agent, for approval. If the subdivision is located beyond
the corporate limits of a municipality but within the limits set forth in
§ 15-967.2, such plans and specifications shall be presented for approval
to the governing body of such municipality, or its authorized agent, if
the eounty has not adopted a subdivision ordinance. The governing body,
or agent, shall have thirty days in which to approve or disapprove the
same. In event of the failure of any governing body, or its agent, to
act within such period, such plans and specifications may be submitted,
after ten days’ notice to the county or municipality, to the judge of
the circuit or corporation court having jurisdiction within such county
or city for his approval or disapproval, and his approval thereof shall,
for all purposes of this article be treated and considered as the approval of
the municipality or county or its authorized agent.

§ 15-967.16. 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 § 15-967.12 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 and public
areas laid out or described in such plat.

§ 15-967.17. In cases where any lot has been sold, the plat or part there-
of may be vacated according to either of the following methods:

(a) By instrument in writing agreeing to said vacation signed by all
the owners of lots shown on said plat and also signed on behalf of the
governing body of the county or municipality in which the land shown
on the plat or part thereof to be vacated lies for the purpose of showing
the approval of such vacation by the governing body. The word “owners”
shall not include lien creditors except those whose debts are secured by a re-
corded deed of trust or mortgage and shall not include any consort of an
owner. The instrument of vacation shall be acknowledged in the manner
of a deed and filed for record in the clerk’s office of any court in which said
plat is recorded.

(b) By ordinance of the governing body of the county or munic-
ipality in which the land shown on the plat or part thereof to be vacated
lies on motion of one of its members or on application of any interested
person. Such ordinance shall not be adopted until after notice has been
given as required by § 15-961.4. Said notice shall clearly describe the plat
or portion thereof to be vacated and state the time and place of the meeting
of the governing body at which the adoption of the ordinance will be voted
upon. Any person may appear at said meeting for the purpose of
objecting to the adoption of the ordinance. An appeal from the adoption
of the ordinance may be filed within thirty days with the circuit or corp-
oration court having jurisdiction of the land shown on the plat or part
thereof to be vacated. Upon such appeal the court may nullify the ordi-
nance if it finds that the owner of any lot shown on the plat will be
irreparably damaged. If no appeal from the adoption of the ordinance
is filed within the time above provided or if the ordinance is upheld on
appeal, a certified copy of the ordinance of vacation may be recorded in
the clerk’s office of any court in which the plat is recorded.

§ 15-967.18. The recordation of the instrument as provided under para-
graph (a) of § 15-967.17 or of the ordinance as provided under paragraph
(b) of § 15-967.17 shall operate to destroy the force and effect of the re-
cording of the plat or part thereof so vacated, and to vest fee simple title
to the center line of any streets, alleys or public easements 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 public easement 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 remain vested in the county or
municipality free and clear of any rights of public passage over the same
and may be used and disposed of by such county or municipality according
to the provisions of law applicable to the property of the county or
municipality in general.

§ 15-967.19. Notwithstanding the provisions of this article, any streets,
alleys, easements or public places shown on plats of subdivision recorded
in accordance with the provisions of any statute in effect prior to the
effective date of this act, may be vacated according to the provisions of any
such statute.

§ 15-967.20. The clerk in whose office any plat so vacated has been
recorded shall write in plain legible letters across such plat, or the part
thereof so vacated, the word “vacated”, and also make a reference on the
same to the volume and page in which the instrument of vacation is re-

corded.
ARTICLE 8.
Zoning.

§ 15-968. The governing body of any county or municipality may,
by ordinance, divide the territory under its jurisdiction into districts of
such number, shape and area as it may deem best suited to carry out
the purposes of this article, and in each district it may regulate, restrict,
permit, prohibit, and determine the following:

(a) The use of land, buildings, structures and other premises for
agricultural, commercial, industrial, residential and other specific uses;

) The size, height, area, bulk, location, erection, construction, recon-
struction, alteration, repair, maintenance, razing, or removal of structures;

(c) The areas and dimensions of land, water, and air space to be
occupied by buildings, structures and uses, and of courts, yards, and other
open spaces to be left unoccupied by uses and structures, including varia-
tions in the sizes of lots based on whether a public or community water
supply or sewer system is available and used;

(d) The excavation or mining of soil or other natural resources.

For the purpose of zoning, the governing body of a county shall have
jurisdiction over all the unincorporated territory in the county, and the
governing body of a municipality shall have jurisdiction over the incorpor-
ated area of the municipality.

§ 15-968.1. In order to avail itself of the powers conferred by this
article, the governing body of any county or municipality in which no local
planning commission has been created shall appoint a commission of not
less than five nor more than fifteen members to be known as the zoning
commission to recommend the boundaries of the various districts and the
regulations to be enforced therein. Any commission so appointed shall
exercise the powers and perform the duties conferred and imposed on local
planning commissions under this article. Such commission shall cease to
exist upon the creation of a local planning commission for the political
subdivision.

§ 15-968.2. All such regulations shall be uniform for each class or
kind of buildings and uses throughout each district, but the regulations
in one district may differ from those in other districts.

§ 15-968.3. Zoning ordinances shall be for the general purpose of
promoting the health, safety or general welfare of the public and of further
accomplishing the objectives of § 15-961. To these ends, such ordinances
shall be designed (1) to provide for adequate light, air, convenience
of access, and safety from fire, flood and other dangers; (2) to reduce
or prevent congestion in the public streets; (8) to facilitate the creation
of a convenient, attractive and harmonious community; (4) to expedite
the provision of adequate police and fire protection, disaster evacuation,
civil defense, transportation, water, sewerage, schools, parks, forests,
playgrounds, recreational facilities, airports, and other public require-
ments; (5) to protect against destruction of or encroachment upon
historic areas; and (6) to protect against one or more of the following:
overcrowding of land, undue density of population in relation to the
community facilities existing or available, obstruction of light and air,
danger and congestion in travel and transportation, or loss of life, health,
or property from fire, flood, panic or other dangers.

§ 15-968.4. Zoning ordinances and districts shall be drawn with rea-
sonable consideration for the existing use of property, the suitability of
properties for various uses, the trends of growth or change, the current
and future requirements of the community as to land for various purposes
as determined by population and ecoonomic studies and other studies, the
transportation requirements of the community, and the requirements for
schools, parks, playgrounds, and other public services; and for the con-
servation of properties and their values and the encouragement of the
most appropriate use of land throughout the county or municipality.

§ 15-968.5. A zoning ordinance may include, among other things, rea-
sonable 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.

§ 15-968.6. Nothing in this article shall be construed to authorize the
impairment of any vested right, except that a zoning ordinance may
provide that land, buildings, and structures and the uses thereof which do
not conform to the regulations and restrictions prescribed for the district
in which they are situated may be continued only so long as the then
existing or a more restricted use continues and such use is not dis-
continued for more than two years, and so long as the buildings or
structures are maintained in their then structural condition; and that
the uses of such buildings or structures shall conform to such regulations
whenever they are enlarged, extended, reconstructed or structurally altered.

§ 15-968.7. The local commission of each county or municipality may,
and at the direction of the governing body shall, prepare a proposed zoning
ordinance including a map or maps showing the division of the territory
into districts and a text setting forth the regulations applying in each
district. The commission shall hold at least one public hearing on such
proposed ordinance or any amendment of an ordinance, after notice as
required by § 15-961.4, and may make appropriate changes in the proposed
ordinance or amendment as a result of such hearing. Upon the completion
of its work, the commission shall present the proposed ordinance or
amendment including the district maps to the governing body together
with its recommendations and appropriate explanatory materials.

After the effective date of this act, no zoning ordinance shall be
amended or reenacted unless the governing body has referred the proposed
amendment or reenactment to the local commission for its recommen-
dations. Failure of the commission to report in sixty days or such shorter
period as may be prescribed by the governing body shall be deemed
approval.

Before approving and adopting any zoning ordinance or amendment
thereof, the governing body shall hold at least one public hearing thereon,
pursuant to public notice as required by § 15-961.4, after which the govern-
ing body may make appropriate changes or corrections in the ordinance
or proposed amendment. An affirmative vote of at least a majority of
the members of the governing body shall be required to adopt, amend or
reenact a zoning ordinance.

§ 15-968.8. In and for any county or municipality which has enacted or
enacts a zoning ordinance pursuant to this act or prior enabling laws, there
shall be created a board of zoning appeals, which shall consist of five
residents of the county or municipality, appointed by the circuit or corpor-
ation court of the county or city. Their terms of office shall be for five
years each except that original appointments shall be made for such terms
that the term of one member shall expire each year. The secretary of the
board shall notify the court at least thirty days in advance of the expiration
of any term of office, and shall also notify the court promptly if any
vacancy occurs. Appointments to fill vacancies shall be only for the
unexpired portion of the term. Members may be reappointed to succeed
themselves. Members of the board shall hold no other public office in the
county or municipality except that one may be a member of the local
planning or zoning commission. A member whose term expires shall
continue to serve until his successor is appointed and qualifies.

Counties and municipalities may, by ordinances enacted in each
jurisdiction, create a joint board of zoning appeals, which shall consist
of two members appointed from among the residents of each participating
jurisdiction by the circuit or corporation court of each county or city,
plus one member from the area at large to be appointed by the circuit or
corporation court or jointly by such courts if more than one, having
jurisdiction in the area. The term of office of each member shall be
five years except that of the two members first appointed from each
jurisdiction, the term of one shall be for two years and of the other, four
years. Vacancies shall be filled for the unexpired terms. In other
respects, joint boards of zoning appeals shall be governed by all other
provisions of this article.

The board shall elect from its own membership its officers who shall
serve annual terms as such and may succeed themselves. For the conduct
of any hearing and the taking of any action, a quorum shall be not less
than a majority of all the members of the board. The board may make,
alter and rescind rules and forms for its procedures, consistent with
ordinances of the county or municipality and general laws of the Common-
wealth. The board shall keep a full public record of its proceedings and
shall submit a report of its activities to the governing body or bodies at
least once each year.

Within the limits of funds appropriated by the governing body, the
board may employ or contract for secretaries, clerks, legal counsel, con-
sultants, and other technical and clerical services. Members of the
board may receive such compensation as may be authorized by the respec-
tive governing bodies. Any board member may be removed for mal-
feasance, misfeasance or nonfeasance in office, or for other just cause,
by the court which appointed him, after hearing held after at least
fifteen days notice.

§ 15-968.9. Boards of zoning appeals shall have the following powers
and duties.

(a) To hear and decide appeals from any order, requirement, decision
or determination made by an administrative officer in the administration
or enforcement of this article or of any ordinance adopted pursuant thereto;

(b) To authorize upon appeal in specific cases such variance from the
terms of the ordinance as will not be contrary to the public interest, when,
owing to special conditions a literal enforcement of the provisions will
result in unnecessary hardship; provided that the spirit of the ordinance
Shall be observed and substantial justice done, as follows:

When a property owner can show that his property was acquired
in good faith and where by reason of the exceptional narrowness. shal-
lowness, size or shape of a specific piece of property at the time of the
effective date of the ordinance, or where by reason of exceptional topo-
graphic conditions or other extraordinary situation or condition of such
piece of property, or of the use or development of property immediately ad-
jacent thereto, the strict application of the terms of the ordinance would
effectively 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 variance will alleviate a clearly demonstrable hardship approaching
confiscation, as distinguished from a special privilege or convenience sought
by the applicant, provided that all variances shall be in harmony with the
intended spirit and purpose of the ordinance.

No such variance shall be authorized by the board unless it finds:
(1) That the strict application of the ordinance would produce undue
hardship. .

(2) That such hardship is not shared generally by other properties
in the same zoning district and the same vicinity.

(3) That the authorization of such variance will not be of substantial
detriment to adjacent property and that the character of the district will
not be changed by the granting of the variance.

No such variance shall be authorized except after notice and hearing
as required by § 15-961.4.

No variance shall be authorized unless the board finds that the
condition or situation of the property concerned or the intended use of
the property is not of so general or recurring a nature as to make reasonably
practicable the formulation of a general regulation to be adopted as an
amendment to the ordinance.

In authorizing a variance the board may impose such conditions re-
garding the location, character and other features of the proposed
structure or use as it may deem necessary in the public interest, and
may require a guarantee or bond to insure that the conditions imposed
are being and will continue to be complied with.

(c) To hear and decide appeals from the decision of the zoning ad-
ministrator on applications for such special exceptions as may be authorized
in the ordinance. The board may impose such conditions relating to the
use for which a permit is granted as it may deem necessary in the public
interest and may require a guarantee or bond to insure that the conditions
imposed are being and will continue to be complied with.

No such special exception may be granted except after notice and
hearing as provided by § 15-961.4.

(d) To hear and decide applications for interpretation of the district
map where there is any uncertainty as to the location of a district boundary.
After notice to the owners of the property affected by any such question,
and after public hearing with notice as required by § 15-961.4, the board
may interpret the map in such way as to carry out the intent and purpose
of the ordinance for the particular section or district in question. The
board shall not have the power, however, to rezone property or sub-
stantially to change the locations of district boundaries as established by
ordinance.

§ 15-968.10. Applications for special exceptions may be made by any
property owner, tenant, government official, department, board or bureau.
Such application shall be made to the zoning administrator in accordance
with rules adopted by the board. The application and accompanying maps,
plans or other information shall be transmitted promptly to the secretary
of the board who shall place the matter on the docket, advertise a public
hearing thereon which shall be held not less than ten days after such
advertising, and give written notice of such hearing to the parties in
interest. The zoning administrator shall also transmit a copy of the appli-
cation to the local commission which may send a recommendation to the
board or appear as a party at the hearing.

An appeal to the board may be taken by any person aggrieved or by
any officer, department, board or bureau of the county or municipality
affected by any decision of the zoning administrator. Such appeal shall
be taken within thirty days after the decision appealed from by filing with
the zoning administrator, and with the board, a notice of appeal specifying
the grounds thereof. The zoning administrator shall forthwith transmit
to the board all the papers constituting the record upon which the action
appealed from was taken. An appeal shall stay all proceedings in further-
ance of the action appealed from unless the zoning administrator certifies to
the board that by reason of facts stated in the certificate a stay would
in his opinion cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise than by a restraining order
granted by the board or by a court of record, on application and on notice
to the zoning administrator and for good cause shown. a

The board shall fix a reasonable time for the hearing of an application
or appeal, give public notice thereof as well as due notice to the parties in
interest and decide the same within sixty days. In exercising its powers
the board may reverse or affirm, wholly or partly, or may modify, the
order, requirement, decision or determination appealed from. The con-
curring vote of three members shall be necessary to reverse any order, re-
quirement, decision or determination of an administrative officer or to decide
in favor of the applicant on any matter upon which it is required to pass
under the ordinance or to effect any variance from the ordinance. The
board shall keep minutes of its proceedings and other official actions which
shall be filed in the office of the board and shall be public records. The
chairman of the board, or in his absence the acting chairman, may ad-
minister oaths and compel the attendance of witnesses.

Where a building permit has been issued and the construction of the
building for which such permit was issued is subsequently sought to be
prevented, restrained, corrected or abated as a violation of the zoning
ordinance, by suit filed within fifteen days after the start of construction
by a person who had no actual notice of the issuance of the permit, the
court may hear and determine the issues raised in the litigation even
though no appeal was taken from the decision of the administrative
officer to the board of zoning appeals.

§ 15-968.11. 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 county or municipality, may
present to the circuit or corporation court of the county or city a petition
specifying the grounds on which aggrieved within thirty days after the
filing of the decision in the office of the board.

Upon the presentation of such petition, the court shall allow a writ
of certiorari to review the decision of the board of zoning appeals and shall
prescribe therein 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.

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.

If, upon the hearing, it shall appear to the court that testimony is
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 proceedings 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.

Costs shall not be allowed against the board, unless it shall appear to
the court that it acted in bad faith or with malice in making the decision
appealed from. .

§ 15-968.12. Whenever the regulations made under authority of this
article require a greater width or size of yards, courts or other open
spaces, require a lower height of building or less number of stories, require
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
article shall govern. Whenever the provisions of any other statute or
local ordinance or regulation require a greater width or size of yards,
courts or other open spaces, require a lower height of building or a less
number of stories, 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 article, the provisions of such statute or
local ordinance or regulation shall govern.

ARTICLE 9.
General Provisions.

§ 15-969. Any violation or attempted violation of this act, or of any
regulation adopted hereunder may be restrained, corrected, or abated as the
case may be by injunction or other appropriate proceeding.

§ 15-969.1. This act shall not affect any resolution or ordinance en-
acted under any other law heretofore adopted except as specifically
provided.

§ 15-969.2. No provision in any municipal charter in conflict with this
act shall be affected hereby.

§ 15-969.3. All zoning ordinances adopted prior to the effective date
of this act by any county or municipality authorized to adopt the same
under any provision of Chapter 24 of Title 15 of the Code of Virginia
or any municipal charter are hereby validated, ratified and confirmed
notwithstanding noncompliance with any technical requirement of such
chapter.

2. That §§ 15-766.1 through 15-766.3, 15-779 through 15-891.10, 15-899
through 15-918, and 15-915 through 15-926.1 of the Code of Virginia, and
all amendments thereof, are repealed.