SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2008 SESSION

087792352
SENATE BILL NO. 54
Senate Amendments in [ ] -- February 1, 2008
A BILL to amend and reenact §§  [ 6.16, 10.02, 10.02  ]  and 17.10, as amended, of Chapter 323 of the Acts of Assembly of 1950, which provided a charter for the City of Falls Church, relating to the city  [ manager, city attorney, attorney  ]  and city council.
----------
Patron Prior to Engrossment--Senator Whipple
----------
Referred to Committee on Local Government
----------

Be it  enacted by the General Assembly of Virginia:

1.  That §§  [ 6.16, 10.02, 10.02  ]  and 17.10, as amended, of Chapter 323 of the Acts of Assembly of 1950 are amended and reenacted as follows:

 [ § 6.16. Transfers of Appropriations.

The city manager may at any time authorize, at the request of any department, board, commission, office or agency, the transfer of any unencumbered balance or portion thereof in any general fund or utility appropriation from one classification of expenditure to another within the same department, board, commission, office or agency fund, provided that for this purpose the water and sanitary sewer utilities shall be deemed separate departments funds. At the request of the city manager, the council may, by resolution, transfer any unencumbered balance or portion thereof in any general fund appropriation from one department, board, commission, office or agency fund to another.  ] 

§ 10.02. City attorney---Qualifications and appointment.

The head of the department of law shall be the city attorney.  He who shall be an attorney-at-law licensed to practice under the laws of the Commonwealth. He shall be appointed by the city council for a term of four years, at its first meeting in September, 1978, and every four years thereafter.  The city attorney shall assume office on October 1 following appointment.  During that term he may be removed only for cause.  His compensation be appointed by the city council and serve at the pleasure of the city council. Compensation and the responsibilities of his the office, except as provided herein, shall be determined by the city council. If the office becomes vacant before the expiration of the four-year term, the council shall appoint a successor for the remainder of the term.

§ 17.10. Zoning powers of city council.

In addition to the powers granted elsewhere in this charter, the council shall have the power to adopt in the manner provided in § 17.13, 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 overcrowding of land; avoid undue concentration of population; provide affordable shelter that addresses housing needs, promotes a full range of housing choices, and encourages the construction and continued existence of moderately priced housing by providing incentives for the creation or preservation of moderately priced housing for elderly, handicapped, low-moderate, and above-moderate-income households; facilitate public and private transportation and the supplying of public utility services and sewage disposal, and facilitate provision for schools, parks, playgrounds and other public improvements and requirements. The comprehensive zoning plan shall include the division of the city into districts with such boundaries 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 districts and may include, but shall not be limited to, the following:

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

(b)  It may regulate the height, area, bulk, size, design and appearance of buildings and structures and the appropriateness of their use in the districts.

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

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

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

(f)  It may require that spaces and facilities deemed adequate by the council shall be provided on lots for parking of 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 permit the designed use and development of land in a manner varying in certain respects from the regulations and restrictions prescribed for the district or districts in which such land is situated, provided that it establishes a minimum area of not less than five acres subject to such designed use and provided further that such designed use shall be approved by the city planning commission and the council, and adopted as a part of the master plan of the city.

(h)  It 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 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 district or districts in which they are situated whenever they are enlarged, extended, reconstructed or structurally altered; and may require that such buildings or structures and the use thereof shall conform to the regulations and restrictions prescribed for the district or districts in which they are situated, in any event, within a reasonable period of time to be specified in the ordinance.

From and after the adoption of a master plan or any amendment or extension thereof as required by this chapter, or the land use portion thereof, such zoning plan shall be made to conform substantially with the master plan, and any amendments to the zoning plan shall be based upon and in substantial accordance with the master plan.