CHAPTER 82

Ax Act to amend and reenact § 22-67.2, as amended, of the Code of Vir-
gimua, relating to salaries to be paid county school board members.

[H 72]
Approved March 2, 1966

Be it enacted by the General Assembly of Virginia:

1. That § 22-67.2, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 22-67.2. The county school board of the following counties may
pay each of its members an annual salary not to exceed the limits herein-
after set forth:

Accomack—six hundred dollars;

Albemarle—two hundred forty dollars;

Alleghany—two hundred forty dollars;

Amelia—two hundred forty dollars;

Amherst—four hundred twenty dollars;

Appomattox—two hundred forty dollars;
Arlington—twenty-four hundred dollars;
Augusta—one thousand dollars:
Bath—four hundred twenty dollars:
Bedford—three hundred dollars:
Bland—two hundred forty dollars;
Botetourt—six hundred dollars;
Brunswick—three hundred sixty dollars;
Buchanan—six hundred dollars;
Buckingham—two hundred forty dollars;
Campbell—two hundred forty dollars;
Caroline—eight hundred dollars;
Carroll—two hundred forty dollars:
Charles City—two hundred forty dollars:
Charlotte—two hundred forty dollars;
Chesterfield—twelve hundred dollars;
Clarke—three hundred sixty dollars;
Craig—two hundred forty dollars;
Culpeper—five hundred dollars;
Cumberland—two hundred forty dollars;
Dickenson—six hundred dollars:
Dinwiddie—two hundred forty dollars;
Essex—eight hundred dollars;
Fairfax—three thousand dollars:
Fauquier—four hundred eighty dollars;
Floyd—two hundred forty dollars:
Fluvanna—three hundred dollars;
Franklin—four hundred twenty dollars:
Frederick—two hundred forty dollars;
Giles—six hundred dollars;
Gloucester—two hundred forty dollars;
Goochland—three hundred dollars;
Grayson—six hundred dollars:
Greene—two hundred forty dollars;
Greensville—three hundred dollars:
Halifax—six hundred dollars:
Hanover—two hundred forty dollars:
Henrico—eighteen hundred dollars:
Henry—three hundred sixty dollars;
Highland—two hundred forty dollars;
Isle of Wight—six hundred dollars:
James City—two hundred forty dollars:
King and Queen—eight hundred dollars;
King George—eight hundred dollars:
King William—two hundred forty dollars;
Lancaster—six hundred dollars:
Lee—nine hundred sixty dollars:
Loudoun—one thousand dollars;
Louisa—three hundred dollars:
Lunenburg—six hundred dollars:
Madison—five hundred dollars;
Mathews—two hundred forty dollars:
Mecklenburg—nine hundred dollars:
Middlesex—two hundred forty dollars:
Montgomery—three hundred forty dollars;
Nansemond—nine hundred dollars;
Nelson—four hundred twenty dollars;
New Kent—two hundred forty dollars;
Norfolk—four hundred eighty dollars;
Northampton—two hundred forty dollars;

Northumberland—six hundred dollars;

Nottoway—six hundred dollars;

Orange—five hundred dollars;

Page—six hundred dollars;

Patrick—two hundred forty dollars;

Pittsylvania—nine hundred dollars ;

Powhatan—three hundred dollars;

Prince Edward—two hundred forty dollars;

Prince George—twelve hundred dollars;

Prince William—eighteen hundred dollars;

Princess Anne—six hundred dollars;

Pulaski~six hundred dollars;

Rappahannock— * siz hundred * dollars;

Richmond—six hundred dollars;

Roanoke—three hundred sixty dollars;

Rockbridge—four hundred twenty dollars;

Rockingham—six hundred dollars;

Russell—six hundred dollars ;

Scott—nine hundred sixty dollars;

Shenandoah—three hundred sixty dollars;

Smyth—two hundred forty dollars;

Southampton—six hundred dollars;

Spotsylvania—six hundred dollars;

Stafford—~six hundred dollars;

Surry—three hundred dollars;

Sussex—three hundred dollars;

Tazewell—six hundred dollars;

Warren— * siz hundred * dollars;

Washington—six hundred dollars;

Westmoreland—six hundred dollars;

Wise—six hundred dollars;

Wythe—six hundred dollars;

York—six hundred dollars.

The school board of the following cities may pay each of its members
an annual salary not to exceed the limits hereinafter set forth:
et Alexandria—ten dollars per diem, not to exceed twenty-four days

year;
vet Charlottesville—ten dollars per diem, not to exceed twenty-four days

year;
eg tein dollars per diem, not to exceed twenty-four days per
rea rete dollars per diem, not to exceed twenty-four days per

Any school board may in its discretion pay each of its members
mileage, not to exceed seven cents per mile for each mile of travel by the
direct route in going to and returning from the place of meeting and
may in its discretion, after passage of an appropriate resolution by the
| governing body of the county, city or town which such school serves,
pay to the chairman of such school board an additional salary not exceed-
ry one hundred dollars per annum; provided further, that the school board
any county or city may in its discretion, pay to any members of such
nd who serve on the committee for control of any joint school established
“i the provisions of § 22-7 an additional amount not in excess of ninety
rs ee savin, Such salary and mileage shall be paid as other school
Expenses are paid,

2 An emergency exists and this act is in force from its passage.
An Act to amend and reenact §§ 3.06, 8.11, 9.09, 9.10, 9.18 and 9.24, as
severally amended, of Chapter 536, approved April 7, 1950, of the Acts
of Assembly of 1950, which provided a charter for the city of Alez-
andria, the amended sections relating to the city clerk, procedure for
passing ordinances, zoning powers, adoption and alteration of zoning
regulations, effect of protest of property owners, and land subdivisions.

[H 118]
Approved March 2, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 3.06, 3.11, 9.09, 9.10, 9.13 and 9.24, as severally amended, of
Chapter 536, approved April 7, 1950, of the Acts of Assembly of 1950 be
amended and reenacted as follows:

§ 3.06. City Clerk.—The council shall appoint a city clerk and shall
have power to remove him from office. He shall be the clerk of the council,
shall keep the journal of its proceedings and shall record all ordinances
in a book kept for the purpose. He shall be the custodian of the corporate
seal of the city and shall be the officer authorized to use and authen-
ticate it. All records in his office shall be public records and open to inspec-
tion at any time. He shall receive compensation to be fixed by the council.

The city council may appoint a deputy city clerk, when in the opinion
of the council the city clerk is, because of disability or otherwise, unable
to perform the duties of the office. The council shall have the power to
remove said deputy clerk from office. Any such appointed deputy city
clerk shall, while holding office, have the power and authority to perform
all of the duties and functions of the city clerk and clerk of council.

§ 8.11. Procedure for Passing Ordinances.—Any ordinance may be
introduced by any member of the council or by the city manager at any
regular meeting of the council or at any special meeting when the subject
thereof has been included in the notice for such special meeting or been
approved by the unanimous consent of all members of the council. Upon
introduction, the ordinance shall receive its first reading and, provided it
shall receive an affirmative vote of the majority of members present at
this meeting, and provided further it is not a matter that by this charter
or some other provision of law requires more than a majority vote, a time,
not less than three days after such introduction, and place shall be set at
which the council will hold a public hearing concerning it. If all members
of the council present at such introduction have received a copy of the
proposed ordinance not less than twenty-four hours before said introduc.
tion, then only the title need be read for the first reading, otherwise the
ordinance shall be read verbatim. The hearing may be held at a regulai
or special meeting of the council and may be adjourned from time to time
It shall be the duty of the city clerk to cause to be published in a news
paper of general circulation in the city, not later than the fifth day follow
ing the introduction of the ordinance, a notice containing the time anc
place of the hearing and the title of the proposed ordinance. It shall alsc
be his duty to have the title or the full text of the proposed ordinance
printed in sufficient numbers to supply copies to meet requests or to caus:
it to be published as a paid advertisement in a newspaper of general circu
lation published in the city; except that in the event of an emergency
whereby there is no newspaper of general circulation published in the city
then such ordinance may be published in a newspaper of general circula
tion in the city. It shall also be the duty of the city clerk to place a copy o
the ordinance in a file provided for each member of the council for thi

niuirnnaca A nrnnncad anrAinanfroa mnniacg if ha an omarronny nrainannra mas:
be fmally passed upon its second reading at either a regular or special
meeting of the council following the introduction, publication and conclu-
sion of the public hearing thereon.

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

§ 9.09. Zoning Powers.—In addition to the powers granted else-
where in this charter, the council shall have the power to adopt by ordi-
nance a comprehensive zoning plan designed to lessen congestion in streets,
secure safety from fire, panic and other danger, promote health, sanitation

and general welfare, provide adequate light and air, prevent the over-
crowauing of land, avoid undue concentration of population, facilitate public
and private transportation and the supplying of public utility services and

disposal, and facilitate provision for schools, parks, playgrounds
and other public improvements and requirements. The comprehensive Zon-
ing plan shall include the division of the city into zones with such boun-
dares as the council deems necessary to carry out the purposes of this
chapter and shall provide for the regulation and restriction of the use of
land, buildings and structures in the respective zones and may include but
shall not be limited to the following:

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

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

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

spaces.

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

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

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

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

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

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

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

In addition to the right of appeal hereinabove set forth, the owner
of a building or structure, the razing or demolition of which is subject
to the provisions of subsection (i) above and of this subsection (j), shall,
as a matter of right, be entitled to raze or demolish such building or
structure provided that: (1) he has applied to the board for such right
and has also been a party to an appeal from the board’s decision to the
council, (2) that the owner has for the period of time set forth in the
time schedule hereinafter contained and at a price reasonably related to
its fair market value, made a bona fide offer to sell such building or struc-
ture, and the land pertaining thereto, to any person, firm, corporation,
government or agency thereof, or political subdivision or agency thereof,
which gives reasonable assurance that it is willing to preserve and re-
store the building or structure and the land pertaining thereto, and (3)
that no bona fide contract, binding upon all parties thereto, shall have
been executed for the sale of any such building or structure, and the
land pertaining thereto, prior to the expiration of the applicable time
period set forth in the time schedule hereinafter contained. Any appeal
which may be taken to the court from the decision of the council, whether
instituted by the owner or by any other proper party, notwithstanding
the provisions heretofore stated relating to a stay of the decision appealed
from shall not affect the right of the owner to make the bona fide offer
to sell referred to in this paragraph. No offer to sell shall begin more
than one year after a final decision by the city council. The time schedule
for offers to sell shall be as follows: 8 months when the offering price is
less than $25,000.00; 4 months when the offering price is $25,000.00 or
more but less than $40,000.00; 5 months when the offering price is
$40,000.00 or more but less than $55,000.00; 6 months when the offering
price is $55,000.00 or more but less than $75,000.00; 7 months when the
offering price is $75,000.00 or more but less than $90,000.00; and 12 months
when the offering price is $90,000.00 or more.

(j-1) To acquire, in the manner provided in Chapter 18 of this
charter, areas, properties, land or any estate or interest therein, of old
and historic interest which, in the opinion of the council, should be ac-
quired, preserved and maintained for the use, observation, education,
pleasure and welfare of the people; provide for their renovation, preser-
vation, maintenance, management and control as places of old and historic
interest by a department of the city government or by a board, com-
mission or agency specially established by ordinance for the purpose;
charge or authorize the charging of compensation for the use thereof or
admission thereto; lease, subject to such regulations as may be estab-
lished by ordinance, any such area, property, lands or estate or interest
therein so acquired upon the condition that the old and historic character
of the area, property or lands shall be preserved and maintained; or to
enter into contracts with any person, firm or corporation for the manage-
ment, preservation, maintenance or operation of any such area, property,
lands or estate or interest therein so acquired as a place of old and historic
interest, provided, the city shall not use the right of condemnation under
this paragraph unless the historic value of such area, property, lands or
estate or interest therein are about to be destroyed.

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

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

k asa C-1 or C-2 zone if the use in the other zone 1s the same or 1s
to be the same as a conforming use in the C-1 or C-2 zone. The use in the
other zone may be either residential or commercial but not mized.

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

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

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

2. An emergency exists and this act is in force from its passage.