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1994 SESSION
LD8300132Be it enacted by the General Assembly of Virginia:
1. That § 1 of Chapter IV of Chapter 210 of the Acts of Assembly of 1942 is amended and reenacted as follows:
Section 1. For the purpose stated in chapter one hundred and
ninety-seven of the Acts of Assembly, approved March eighteenth, nineteen
hundred and twenty-six, the The town council is hereby
empowered to pass zoning ordinances in conformity with the said act, as
amended, subject, however, to the following modifications
thereto:
(a) The council shall not adopt any zoning ordinance or map until it
shall have appointed a town planning commission, as provided for in this act
and shall have received from said such commission its
recommendations as to a zoning ordinance and map, and shall have held a
public hearing thereon.
(b) Any zoning ordinance, regulations, restrictions, and boundaries of
districts may be changed from time to time by the council, either upon its
own motion or upon petition, under such conditions as the council may
prescribe, after a public hearing and adequate notice to all owners and
parties affected. If a protest or protests be filed with the council, signed
by the owners of twenty per centum percent
or more of the area of the land included in the proposed change, or by the
owners of twenty per centum percent or more
of the area of the land immediately adjacent to the land included in the
proposed change, within a distance of one hundred feet therefrom, or by the
owners of twenty per centum percent or more
of the area of the land directly opposite across any street or streets from
the land included in the proposed change, within a distance of one hundred
feet from the street lines directly opposite, then no such change shall be
made except by the majority vote of all of the members of the council. No
change shall be made by the council in any zoning ordinance or map until such
change has been referred to the town planning commission for a report
thereon, and no action shall be taken by the council until a report has been
received from the commission, unless a period of thirty days has elapsed
after the date of reference to the commission.
(c) Within thirty days after the adoption of any zoning ordinance and
map, the council shall appoint a board of zoning appeals,
consisting of five seven members, none of whom shall
hold any other positions with the town.
The council may remove any member of the board for cause, after a public hearing. If a vacancy occurs otherwise than by the expiration of the term of the different members, it shall be filled by the council for the unexpired term.
Unless the council designates some member of the board as a chairman, the board shall select a chairman from among its own members, and may create and fill such other offices as it may choose. The board may employ such persons as the council may approve, and may expend such sums as are appropriated by the council for its work.
2. That an emergency exists and this act is in force from its passage.