HomeMy WebLinkAboutVA197200003 Application 1972-03-06 Application for Varii nce or
Special Exception .
-TioDity Mrtgat Z111172.
TO: THE ZONING ADMINISTRATOR, ALBEMARLE COUNTY, VIRGINIA
VARIANCE NO.Y/-7j-0 3 The undersigned applicantb i.g(are) the owner h of the
following described property:
A PLAT OF THIS PROPERTY MUST BE ATTACHED HERETO AND MADE
A PART OF THIS APPLICATION.
GIVE LOCATION BY REFERENCE TO NEAREST ROAD INTERSECTION.
DIMENSIONS OF SITE MUST BE GIVEN.
X/We Vidi1natcri i,s respectfully request the Zoning
Administrat r of Albemarle County, Virginia to grant the
Variance or Special Exception stated below in the Go i.01(AA6
Magisterial District and described as County Tax Map (01
Parcel lQ 3 containing 4476 acres and zoned ia-3 .
Applicant Signature,-ie�-G, ',,-- '� ``� Date I1/eci4 L . 11 -0--
• The petitioners request that the Zoning Administrator grant:
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The applicant6 make this request because:
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Action Taken by the Zoning Administrator:
Approved Denied Mikitif 01Signed /
— — — ———— — — TO: THE ALBEMARLE COUNTY BOARD OF ZONING PEALS—— — — — — — ——— —-
Date
.F/We `rrptsw 4-y b), hereby appeal the ruling of the Zoning
lb A Administrator of Albemarle County on the foregoing application,
and respectfully request a reversal of his decision by granting
the request for a variance or special exception as stated above.
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ACTION[L1Li.i1
OARD OF ZONING APPEALS
DATE 1471' APPROVED DENIED
'imme wool
To Members of the Albemarle Board of Zoning Appeals
Re : Westfield Key Club -
Denial of Application for Special Use
Permit as Swimming and Fraternal Club
Gentlemen:
Several weeks ago, in behalf of the Westfield
Key Club, an attempt was made to apply for a special use
permit pursuant to provisions of Section 6 of the County
Zoning Ordinance related to the R-3 Residential District.
That section, among other things , says the following uses
are allowed with a special use permit:
CLUBS AND LODGES ; CIVIC, FRATERNAL AND PATRIOTIC. . . (; )
SWIMMING AND TENNIS CLUBS
(page 20 of the Ordinance)
The Zoning Administrator determined that the
Westfield Key Club could not even apply for a special use
permit in the R-3 District because it was neither a "fra-
ternal club" nor a "swimming club" within the meaning of
the zoning ordinance. He said the Club was not like the
Fairview Swim Club and that it was not a fraternal club
because it had no charitable or patriotic purposes. It is
from this decision, an interpretation of the ordinance,
that we appeal. We are not asking for a variance, a
special exception, a change in the ordinance, or even a
special use permit. We are merely requesting a decision
from the Board of Zoning Appeals which in effect determines
that under the wording of the present ordinance, the
Westfield Key Club is eligible to apply for a special use
permit.
A. THE NATURE OF THE WESTFIELD KEY CLUB
According to its Articles of Incorporation, the
Club was formed as a nonprofit corporation. Such Articles
go on to outline among specific objectives, the leasing
and operating of a club, club house, and swimming pools .
One can also look to the By-laws duly adopted by the
Board of Directors to ascertain the nature of the Club.
There the purpose of the Club is set forth as follows :
ARTICLE I.
Section 1. Purpose. The purpose of the Cor-
poration generally is to provide and operate a social
and swim club for those people who are members , where
such members of the Corporation may join in the company
of their friends and associates for the development of
acquaintances, the fostering of friendship, the sharing
of common interests, and the pursuit of their mutual
pleasures ; and to make available accommodations and
facilities in furtherance of the purposes of the Club
and for the pleasure, recreation and relaxation of the
members and their guests .
B. THE DOCTRINE OF STRICT CONSTRUCTION IN
FAVOR OF THE FREE USE OF PROPERTY
Though petitioner, the Westfield Key Club, sub-
mits that the language of the existing ordinance is clear
and unambiguous and without question permits an applica-
tion by said Club for a special use permit, petitioner
will assume for a moment that the wording of Section 6
leaves room for argument and may be ambiguous. The rule
of law applicable in such an instance is stated succinctly
enough by Yokley:
Zoning laws which curtail and limit the uses
of property must be given a strict construc-
tion, since they are in derogation of common-
law rights, and the provisions thereof may
not be extended by implication. Any ambiguity
or uncertainty must be decided in favor of
the property owner. It has been stated that
well-founded doubts as to the meaning of ob-
scure provisions of a zoning ordinance should
be resolved in favor of the free use of prop-
erty. (emphasis supplied)
2 Yokley, Zoning Law and Practice, Section 19-8 , page 436.
Petitioner contends that it is both a swim club
and a fraternal club and falls within the language of Sec-
tion 6 without question. But, even if there is some doubt
as to what a "swimming club" is and to what a "fraternal
club" is , such doubt should, under the above rule of law,
be resolved in favor of the Westfield Key Club, and the
Club should be allowed to apply for a special use permit.
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C. CONCLUSION
If one rules that the Westfield Key Club under
the circumstances is not a swimming club, he certainly is
not resolving possible doubts about the meaning of the
ordinance in favor of the free use of property. On the
contrary, he is creating, by implication, a very severe
ordinance which greatly limits the free use of property.
If the Board of Supervisors had intended to prevent a
nonprofit social club whose members swim and fraternize in
and around a swimming pool from applying for a special use
permit in an R-3 zone, the Board should have never used
the words "swimming club" or "fraternal club" .
Nowhere in the ordinance is a requirement set
out that a swimming club must engage in competitive
swimming and nowhere is there set out a requirement
that the primary purpose of a fraternal club cannot be
social in nature. For the Zoning Administrator to place
these requirements in the County Ordinance by his inter-
pretation is for him to rewrite the ordinance, a function
reserved exclusively for the Board of Supervisors.
In accord with the foregoing, the Westfield Key
Club respectfully requests that it be allowed to apply
for a special use permit and that the Zoning Administrator
be reversed.
WESTFIELD KEY CLUB
By Counsel
PAXSON, MARSHALL & SMITH
500 Citizens Commonwealth Center
Post Office Box 1151
Charlottesville, Virginia 22902
W. Cly e Gouldman, II
March 21, 1972
I3]
err
•
BY-LAWS OF THE
WESTFIELD KEY CLUB
A Virginia nonstock corporation
ARTICLE I .
Section 1. Purpose. The purpose of the Corporation
generally is to provide and operate a social and swim club for those
people who are members, where such members of the Corporation may
join in the company of their friends and associates for the development
of acquaintances , the fostering of friendship , the sharing of common
interests, and the pursuit of their mutual pleasures; and to make
available accommodations and facilities in furtherance of the purposes
of the Club and for the pleasure, recreation and relaxation of the mem-
bers and their guests.
Section 2. Principal office. The principal office
of the Corporation shall be at the Westfield Key Club, Westfield Club
Apartments, 2405 Peyton Drive, Charlottesville, Virginia.
ARTICLE II .
Section 1. Eligibility. Any individual of good
character over the age of 21 years who is interested in the objects
and purposes of the Corporation shall be eligible for active membership,
provided there is a vacancy in the class of membership for which
such person is otherwise eligible.
Section 2 . Number of memberships. The number
of memberships, and their respective classes , which are available
for prospective members, shall be determined from time to time by
the Board of Directors.
Section 3 . Classes of membership. Classes of
membership of the Corporation shall be:
(a) Class A membership - members of this class
shall be residents of Westfield Club Apartments.
(b) Class B membership - members of this class
shall be persons who reside in the City of Charlottesville or Albemarle
County.
(c) Class C membership - members of this class
shall be non-residents, i.e. , persons who reside outside of a forty
mile radius of the City of Charlottesville.
Section 4 . Application for membership. Any eligible
person may make application for membership on an application form pre-
scribed by the Board of Directors and in accordance with the following
provisions:
(a) Resident membership. (Class A & Class B)
Each applicant for resident membership must be nominated by a resident
member and seconded by at least one other resident member, all in
good standing; provided that such rule shall have no effect during
the organizational period until the membership increases to at least
twenty (20) persons. Each application shall be submitted to the member-
ship committee, which committee shall , after due consideration, decide
whether to recommend the applicant to the Board of Directors and
then act accordingly.
(b) Non-resident membership. (Class C) Each appli-
cant for non-resident membership shall be nominated by a member and
seconded by at least one other member , all of whom shall be in good
standing; provided that such rule shall have no effect during the
organizational period until the membership increases to at least
twenty (20) persons. Each application shall be submitted to the
membership committee , which committee shall proceed in the same manner
outlined in the proceeding subsection related to applications for
resident memberships.
Section 5 . Election to membership. Each applicant
for a resident or non-resident membership who shall have been favorably
reported to the Board of Directors by the membership committee shall
be passed upon by the Board of Directors at any regular or special
meeting held within a reasonable time after receipt of such report.
No applicant shall be accepted for membership except upon receiving
at any meeting of the directors an affirmative vote at least equal
to (a) two-thirds of the directors present, and (b) one-half of all
the directors.
Section 6. Termination of membership. No membership
shall be transferable and each membership shall cease upon the death,
resignation, or removal of the member as provided in Section 8 of
Article V. A member may resign only at a time when he is not indebted
to the corporation and his resignation shall be made in writing addressed
to the Board of Directors. Upon the death, resignation, or removal
of a member, all of his rights as a member shall terminate and he
shall forfeit any prepaid dues , levies , assessments , rents , or deposits
theretofore made by him for any purpose.
ARTICLE III . MEMBERSHIP DUES
Section 1. Each member of the club shall pay his
fees and dues in advance and in accordance with the schedule below,
plus any applicable Federal Excise Tax. Should a prospective member
join the Club at some time other than the beginning of the usual sammis
annual payment period, his first payment may be prorated accordingly.
There shall be one plan by which a member may fulfill his monetary
obligations.
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Membership Class Membership Certificate 0111111-Annual Dues
A $10.00 $62 .50
A-1 (Single) 10. 00 50 .00
B 10.00 50 .00
B-1 (Single) 10 .00 25 .00
C 10.00 25.00
ARTICLE IV. RIGHTS AND PRIVILEGES OF MEMBERS
Section 1. Use of the Club. Members shall be
entitled to full use of all Club facilities provided by the Corporation,
subject to the provisions of these By-Laws and regulations adopted
from time to time by the Board of Directors. Applicants shall enjoy
such limited privileges as the Board of Directors may determine.
Section 2 . Guest Privileges. Except as may other-
wise be provided in these By-Laws , guest privileges shall be extended
in accordance with the following provisions:
(a) The spouse of a member shall be accorded un-
limited guest privileges so long as they shall be accompanied by
such member or shall have had issued to them a spouse guest card,
as hereinafter provided.
(b) The privilege of bringing nonmembers as guests
to the Club is extended only to members , and their spouses, except
as may be authorized by the Board of Directors.
(c) A guest who resides within a forty mile radius
of the City of Charlottesville, Virginia, shall not be entertained at
the Club more than once in any calendar month unless that guest be
accompanied by and be the date of a member. Furthermore, no member
shall entertain more than four (4) such guests who reside within the
forty mile radius in any calendar month unless such guest be his or
her date or unless so authorized by the Board of Directors.
(d) Every guest for whom a guest card is not
issued shall be accompanied by the member entertaining him in all
Club areas and in the use of all Club facilities. Such member shall
be responsible for the conduct of, and charges incurred by, his
guests.
(e) A resident member may secure a guest card
for a nonmember who does not reside within a forty mile radius of
the City of Charlottesville, Virginia. Such guest card shall be
issued only for a specific period and shall identify the date or
dates during which it is in effect. A card shall not be issued
more than two (2) times in any twelve-month period to the same guest.
(f) A member may secure for his or her spouse a
guest card, which shall be valid so long as such member remains
in good standing.
(g) All guest cards shall be issued only during
the hours in which the business office of the Club is normally opened
for business. The member 'at whose request a guest card is issued
shall be charged with an indebtedness to the Club for the person
named therein.
(h) All guests must be registered in such manner
and place as the Board of Directors may prescribe.
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Section 3 . Parties , luncheons , dinners , meetings .
Members may arrange private parties , luncheons , dinners or meetings
in a private area with the manager of the Club, provided the members
will attend such party in person, and provided further that the normal
activities of the Club will not, in the opinion of the manager , be
interfered with by such party.
Section 4 . Club hours. The posted hours for
opening and closing the Club, as approved by the Board of Directors,
shall be strictly adhered to, except as may otherwise be approved
by the Board of Directors for specific occasions.
Section 5 . Complaints. All requests or complaints
by members in reference to the management of the Club shall be made
to the house committee or to the manager, and any complaints or charges
by members concerning the conduct or speech of other members are to
be made only to the house committee.
Section 6 . Alcoholic beverages , minors. Al-
coholic beverages may not be sold to, purchased for or consumed by
any person under twenty-one years of age.
Section 7 . Restrictions for persons under
eighteen years of age. Persons under eighteen years of age will be
permitted in the Club House only as authorized by the Board of Directors.
Section 8 . No Club employee shall purchase for any
member or guest any alcoholic beverage which the Club is not licensed
to sell.
ARTICLE V. CONDUCT & DISCIPLINE OF MEMBERS
Section 1. Behavior of members. No member shall
speak or act in the Club or on the premises adjacent thereto or in the
vicinity of the Club in a manner harmful to the good order, peace and
quiet, harmony, welfare and reputation of the Club or its members , nor
shall any member reprove any employee of the Club or send any such
employee from the premises of the Club except by permission of the
manager. Every member of the Club shall be personally responsible for
his own conduct and for that of his guests.
Section 2 . Damage to Club property. In the event
of any damage to any property of the Club or the defacement or destruc-
tion thereof by a member of the Club or a guest of a member , such
member shall immediately become indebted to the Club for the amount
of damages sustained by it as a consequence of such action.
Section 3 . Attire. The attire for members and
guests using the Club house and bar area shall be informal , except
during announced formal occasions.
Section 4 . Compliance with rules. All members
shall comply with such house rules and regulations as the house committee
and the Board of Directors shall from time to time adopt and publish.
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Section 5. Payment of charges. Bar and good
charges may be for cash or credit. In the event such charges are
for credit, gratuities may be added to the charge. Every member making
a charge for credit shall find his charge checks with his name and
account number. Any guest of a member who holds a guest card and who
makes a charge for credit shall sign his charge checks with his name
and guest card number and all such charges shall be billed to the member
in whose name the guest card is issued. A guest who does not hold
a guest card and who makes a charge for credit shall sign his charge
checks with his name and the account number of the member of whom he
is a guest, and such member shall be billed for such charges.
Section 6. Payment of indebtedness. Payment of
all Club bills is due within ten days after they are received, and
delinquent thirty days thereafter. A delinquency of 30 days duration
shall automatically invoke loss of all privileges to the delinquent
member, his family and guests.
Section 7. Reinstatement. Any member who loses
his privileges in accordance with Section 6 above may apply for reinstate-
ment in the Club. To be eligible for reinstatement the treasurer must
certify to the Board of Directors that all indebtedness of the former
member is paid and the full board must vote by a two-thirds majority
to reinstate.
Section 8. Diciplinary action against members.
The Board of Directors may suspend, expel or otherwise punish any member,
after reasonable notice and the granting of reasonable opportunity
to be heard, for any violation by the By-laws, rules or regulations
of the Corporation, by a vote of not less than two-thirds of all the
members of the Board. The mailing of notice to a member at his address
as shown on the roster of members shall constitute proper service thereof.
After the mailing of notice of a hearing to any member, all of his
rights and privileges as a member shall be suspended until the final
action of the Board.
Any member suspended from membership by the Board
of Directors shall nevertheless , during such period of suspension,
pay his regular dues , rents and levies, as well as any special assessments
made against all members during such period. Failure to do so shall
automatically convert such suspension to an expulsion from membership.
ARTICLE VI . MEETINGS OF MEMBERS
Section 1. Annual meetings. The annual meeting
of the members of the Corporation, for the purpose of electing directors
for the ensuing year and for the transaction of such other business
as may properly come before the meetings , shall be held at 7 :30 P.M. ,
on the second Thursday of September of each year, or if such date is
a legal holiday in the Commonwealth of Virginia, then at the same hour
on the first business day thereafter which is not a legal holiday.
Section 2•. Special meetings. A special meeting
of members may be called at any time by the President or by the Board
of Directors, or by any ten members.
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Section 3. Place of meetings. Each meeting of the
members shall be held at (a) Club House of the Corporation, or (b) such
other place, within the County of Albemarle or City of Charlottesville ,
Virginia, as may be designated in the notice of such meeting.
Section 4 . Notice and waiver. Written notice of
each meeting of the members shall be given , by or at the direction of
the officer or other person calling the meeting. Such notice shall
state the place , day and hour of the meeting and , in case of a special
meeting, the purpose or purposes for which the meeting is called. A
copy thereof shall be delivered personally or mailed with postage prepaid,
not less than ten days nor more than twenty days before such meeting, to
each member entitled to vote at such meeting; and , if mailed, it shall
be directed to such member at his address as it appears on the records
of the Corporation.
Notwithstanding the foregoing, a waiver of any notice
herein or by law required, if in writing and signed by the person entitled
to such notice, whether before or after the time of the event for which
notice was required to be given, shall be the equivalent of the giving
of such notice. A member who attends a meeting shall be deemed to have
had timely and proper notice of the meeting, unless he attends for the
express purpose of objecting to the transaction of any business because
the meeting is not lawfully called or convened. Notice of any adjourned
or recessed meeting .need not be given.
Section 5 . Quorum. Except as otherwise provided by
law, at any meeting of the members, the presence in person of l0% in
voting power of the members entitled to vote at such meeting shall
constitute a quorum for the transaction of business.
Section 6. Organization. At every meeting of the
members, the President, or some person appointed by him or , in the
absence of the President, a person chosen by a majority vote of the
members present in person or by proxy and entitled to vote , shall act
as chairman of the meeting. The Secretary, or an Assistant Secretary,
or, in the discretion of the chairman, any person designated by him
shall act as Secretary of the meeting and keep the minutes thereof.
Section 7 . Business and order of business . At each
meeting of the members such business may be transacted as may properly
be brought before such meeting, whether or not such business is stated
in the notice of meeting or in a waiver of notice thereof, except as
otherwise by law or by these By-laws expressly provided. The order of
business of all meetings of members shall be as determined by the chair-
man, but such order of business may be changed by vote of a majority in
voting power of the members present in person or by proxy and entitled
to vote at the meeting.
•
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Section 8 . Voting. Except as otherwise provided
by law, by the Articles of Incorporation, or by these By-laws , each
resident and non-resident member shall be entitled to vote upon matters
to be voted upon by the members. Any member entitled to vote may
vote either in person or by proxy duly appointed by an instrument
in writing subscribed by such member (or by his attorney thereunto
duly authorized) and delivered to the Secretary of the meeting before
the appointed time of such meeting.
Notwithstanding the foregoing, in no case may there
be exercised more than one vote in the aggregate per family unit.
For purposes of voting, the phrase "family unit" shall be deemed
to mean any person who is a member and his spouse.
If a quorum is present , the affirmative vote of
a majority in voting power of the members represented at the meeting
and entitled to vote on the subject matter shall be the act of the
members, unless the vote of a greater number is required by law.
Section 9 . Action without a meeting. Any action
required to be taken at a meeting of the members , or which may be
taken at any meeting of the members , may be taken without a meeting
if a consent in writing, setting forth the action so taken, shall
be signed by all of the members entitled to vote with respect to
the subject matter thereof. Such consent shall have the same force
and effect as a unanimous vote.
ARTICLE VII . DIRECTORS
Section 1. General powers. The business and affairs
of the Corporation shall be managed by the Board of Directors , and
all corporate powers shall be exercised by the Board of Directors ,
except as otherwise expressly required by these By-laws , by the Articles
of Incorporation, or by law.
Section 2 . Number, term of office and qualifications .
Until changed by an amendment to these By-laws , the number of directors
shall be three (3) . A board of Directors shall be elected annually
in the manner provided in these By-laws , and each director shall
hold office until the annual meeting next following his election
and until his successor shall have been elected, or until his death,
resignation or removal. No decrease in the number of directors by
amendment to these By-laws shall have the effect of shortening the
term of any incumbent director. At least two-thirds (2/3) of the
Directors shall be elected from the resident membership of the Corpora-
tion.
Section .3 . Election of directors. At each meeting
of the members for the election of directors , a quorum being present,
the persons receiving the greatest number of votes shall be the directors.
If the election of directors shall not be held
on the day designated for any annual meeting or at any adjournment
of such meeting, the Board of Directors shall cause the election to
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New
be held at a special meeting of the members as soon thereafter as
conveniently may be.
Section 4 . Removal of directors . Any director may
be removed at any time , either with or without cause , by the affirmative
vote of a majority in voting power of the members of record of the
Corporation entitled to elect a successor , given in person or by proxy
at a special meeting of such members called expressly for that purpose,
at which a quorum shall be present.
Section 5 . Organization. At each meeting of the
Board of Directors , the President, or, in his absence, a director
chosen by the majority of the directors present, shall act as Chairman.
The Secretary of the Corporation, or an Assistant Secretary, or , in
the discretion of the Chairman, any person appointed by him, shall act
as Secretary of the meeting.
Section 6 . Place of meeting , etc. The Board of
Directors may hold its meetings at such place or places within or without
the Commonwealth of Virginia as the Board of Directors may from time to
time by resolution determine , or (unless contrary to resolution of the
Board of Directors) , at such place as shall be specified in the respec-
tive notices or waivers of notice thereof.
Section 7 . Annual meeting. The Board of Directors
may meet, without notice of such meeting, for the purpose of organiza-
tion, the election of officers and the transaction of other business ,
on the same day as , at the place which, and as soon as practicable after
each annual election of directors is held. Such annual meeting may be
held at any other time or place specified in a notice given as herein-
after provided for special meetings of the Board of Directors , or in a
waiver of notice thereof.
Section 8. Regular meetings. Regular meetings of
the Board of Directors may be held at such times and places as may be
fixed from time to time by action of the Board of Directors.
Section 9. Special meetings. Special meetings of
the Board of Directors shall be held whenever called by the President,
or by any two or more directors, or , at the direction of any of the
foregoing, by the Secretary.
Section 10. Notice of meetings . Unless required
by resolution of the Board of Directors , notice of any regular meeting
of the Board need not be given. Notice of each special meeting shall
be mailed to each director, addressed to him at his residence or usual
place of business, at least three (3) days before the date on which
the meeting is to be held; or such notice shall be sent to each
director at such place by telegraph, cable, or wireless, or be
delivered to him personally or by telephone not later than twenty-
four (24) hours before the time at which the meeting is to be held.
Every such notice shall state the time and place of the meeting , but
need not state the purposes of the meeting. No notice of the re-
convening of any adjourned or recessed meeting need be given except
as contained in the resolution or ruling directing the adjournment
or recess.
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Section 11. Waivers of notice of meetings . Anything
in these By-laws or in any resolution adopted by the Board of Directors
to the contrary notwithstanding, proper notice of any meeting of
the Board of Directors shall be deemed to have been given to any
director if such notice shall be waived by him in writing (including
telegraph, cable or wireless) before or after the meeting. A director
who attends a meeting shall be deemed to have had timely and proper
notice thereof, unless he attends for the express purpose of objecting
to the transaction of any business because the meeting is not lawfully
called or convened.
Section 12. Quorum and manner of acting. A majority
of the number of directors at the time fixed by these By-laws shall
constitute a quorum for the transaction of business. The act of
a majority of the directors present at any meeting at which a quorum
is present shall be the act of the Board of Directors . In the absence
of a quorum, a majority of the directors present may adjourn the
meeting from time to time until a quorum be had. The directors shall
act only as a Board and the individual directors shall have no power
as such.
Section 13 . Resignations . Any director of the
Corporation may resign at any time , orally or in writing , by notifying
the President or the Secretary of the Corporation. Such resignation
shall take effect at the time therein specified; and , unless otherwise
specified, the acceptance of such resignation shall not be necessary
to make it effective.
Section 14 . Vacancies. Any vacancy in the Board
of Directors , caused by death, resignation, removal, disqualification,
or any other cause (other than an increase by more than two (2) in
the number of directors) , may be filled for the unexpired term by
the majority vote of the remaining directors then in office, though
less than a quorum, at any regular or special meeting of the Board
of Directors.
Section 15 . Committees . The Board of Directors ,
may, by resolution adopted by a vote of a majority of the number of
directors at the time fixed by these By-laws , designate two (2) or
more of their number, including in each case the President, as an
Executive Committee. While the Board of Directors is not in session,
the Executive Committee , if there then be such a committee , shall
have and exercise the authority of the Board of Directors in the
management of the business and affairs of the Corporation , subject to
the restrictions hereinafter set out and further subject to such
limitations upon its authority as the Board may, from time to time ,
impose. In no event shall the Executive Committee , or any other
committee , have authority to approve an amendment to the Articles
of Incorporation or a plan of merger or consolidation, to amend
these By-laws, or to elect officers or fix their compensation.
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The Executive Committee shall have the power to authorize the
seal of the Corporation to be affixed to all papers which may require
it.
In addition to an Executive Committee , the Board
of Directors may, by resolution of a majority of the directors present
at any meeting at which a quorum is present, designate other committees
of limited authority, each such committee to consist of two (2) or
more directors.
Unless the Board of Directors by resolution otherwise
provide , the Executive Committee and each other committee shall choose
its own chairman and secretary. The Executive Committee and each
other committee shall record all its acts and proceedings and report
the same from time to time to the Board of Directors.
Regular meetings of any such committee , of which
no notice shall be necessary, may be held at such times and in such
places as shall be fixed by a majority of the committee . Special
r:.cctings of any such committee may be called at the request of any
member of the committee. Notice of each special meeting of such a
committee shall be given by the person calling the same as provided
by these By-laws for special meetings of the full Board.
A majority of any such committee shall constitute
a quorum for the transaction of business , and the act of a majority
of those present at any meeting at which a quorum is present shall
be the act of the committee. Members of any such committee shall
act only as a committee and the individual members shall have no
power as such.
The Board of Directors shall have the power at
any time to change the members of, fill vacancies in, and discharge
any such committee , either with or without cause . The appointment
of any director to any such committee , if not sooner terminated,
shall automatically terminate upon the expiration of his term as
a director or upon the earlier cessation of his membership on the
Board of Directors.
Section 16 . Action without a meeting. Any action
required to be taken at a meeting of the Directors , or which may
be taken at any meeting of the Directors or of a committee of directors,
may be taken without a meeting if a consent in writing, setting forth
the action so taken, shall be signed by all of the directors , or
all of the members of the committee of directors , as the case may
be. Such consent shall have the same force and effect as a unanimous
vote.
ARTICLE VIII . OFFICERS
Section 1. Officers. The officers of the Corporation
shall be a President, a Treasurer and a Secretary, and where elected,
one or more Vice Presidents, and the holders of such other offices
as may be established in accordance with the provisions of Section
3 of this Article. Any two or more offices may be held by the same
person; provided only, that the same person shall not hold the offices
of both President and Secretary.
Section 2 . Election, term of office and qualifications.
The officers shall be elected annually by the Board of Directors ,
as soon as practicable after the annual election of directors in
each year. Each officer shall hold office until his successor shall
-10-
have been duly chosen and shall qualify, or until his death, resignation
or removal in the manner hereinafter provided. The President shall
be chosen from among the directors , but no other officer need be
a director. All officers shall be either resident or non-resident
members of the Corporation.
Section 3 . Subordinate officers. The Board of
Directors may from time to time establish offices in addition to
those designated in Section 1 with such duties as are provided in
these By-laws, or as they may from time to time determine.
Section 4 . Removal. Any officer may be removed,
either with or without cause, by resolution declaring such removal
to be in the best interests of the Corporation and adopted at any
regular or special meeting of the Board of Directors by a majority
of the directors then in office. Any such removal shall be without
prejudice to the recovery of damages for breach of the contract rights,
if any, of the person removed. Election or appointment of an officer
or agent shall not of itself, however, create contract rights.
Section 5 . Resignation. Any officer may resign
at any time by giving oral or written notice to the Board of Directors
or the President or the Secretary of the Corporation. Any such resig-
nation shall take effect at the date of receipt of such notice or
at any later time therein specified; and, unless otherwise specified,
the acceptance of such resignation shall not be necessary to make
it effective. No resignation hereunder, however, or the acceptance
thereof by the Board of Directors , shall prejudice the contract or
other rights, if any, of the Corporation with respect to the person
resigning.
Section 6 . Vacancies. A vacancy in any office
because of death, resignation, removal , disqualification or any other
cause shall be filled for the unexpired portion of the term by the
Board of Directors.
Section 7. President. The President shall be
a director and shall have general supervision of the affairs of the
Corporation, subject, however, to the control of the Board of Directors
and of any duly authorized committee of directors.
Section 3 . Vice Presidents. The Vice President
or Vice Presidents shall perform such duties as from time to time
may be assigned to them by the Board of Directors, or by any duly
authorized committee of directors or by the President, and shall
have such other powers and authorities as are elsewhere in these
By-laws conferred upon them.
Section 9 . Treasurer . Except as may otherwise
be specifically provided by the Board of Directors or any duly authorized
committee thereof, the Treasurer shall have the custody of, and be
-11-
' re woo
responsible for , all funds and securities of the Corporation; receive
and receipt for money paid to the Corporation from any source whatsoever;
deposit all such monies in the name of the Corporation in such banks ,
trust companies , or other depositaries as shall be selected in accord-
ance with the provisions of these .By-laws; against proper vouchers ,
cause such funds to be disbursed by check or draft on the authorized
depositaries of the Corporation signed in such manner as shall be
determined in accordance with the provisions of these By-laws; regularly
enter or cause to be entered in books to be kept by him or under his
direction, full and adequate accounts of all money received and paid
by him for account of the Corporation; in general , perform all the duties
incident to the office of Treasurer and such other duties as from time
to time may be assigned to him by the Board of Directors , or by any
duly authorized committee of directors, or by the President; and have
such other powers and authorities as are elsewhere in these By-laws
conferred upon him.
Section 10. Secretary. The Secretary shall act as
Secretary of all meetings of the members and of the Board of Directors
of the Corporation; shall keep the minutes thereof in the proper book or
books to be provided for that purpose; shall see that all notices re-
quired to be given by the Corporation are duly given and served ; shall
be the custodian of the seal of the Corporation and shall affix the
seal or cause it to be affixed to all documents the execution of which on
behalf of the Corporation under its corporate seal is duly authorized in
accordance with the provisions of these By-laws; shall have charge of
the books, records and papers of the Corporation relating to its organi-
zation and management as a corporation, and shall see that any reports
or statements relating thereto, required by law or otherwise , are
properly kept and filed; shall, in general, perform all the duties inci-
dent to the office of Secretary and such other duties as from time
to time may be assigned to him by the Board of Directors , or by any
duly authorized committee of directors or by the President; and shall
have such other powers and authorities as are elsewhere in these
By-laws conferred upon him.
Section 11. Assistant Treasurers and Assistant
Secretaries . Assistant Treasurers and Assistant Secretaries shall
perform such duties as shall be assigned to them by the Treasurer and
by the Secretary, respectively, or by the Board of Directors , or by
any duly authorized committee of directors , or by the President; and
shall have such other powers and authorities as are elsewhere in
these By-laws conferred upon them.
Section 12. Certain officers to give bonds .
Every officer, agent or employee of the Corporation, who may receive,
handle or disburse money for its account or who may have any of the
Corporation' s property in his custody or be responsible for its safety
or preservation, may be required , in the discretion of the Board of
Directors, to give bond , in such sum and with such sureties and in
such form as shall be satisfactory to the Board of Directors , for the
-12-
faithful performance of the duties of his office and for the restoration
to the Corporation, in the event of his death, resignation , or removal
from office, of all books, papers, vouchers, monies and other property
of whatsoever kind in his custody belonging to the Corporation.
ARTICLE IX. CONTRACTS , CHECKS, DRAFTS, BANK ACCOUNTS, ETC.
Section 1. Execution of contracts and other documents.
The Board of Directors or any duly authorized committee of directors ,
except as by law or by these By-laws otherwise required, may authorize
any officer or officers , agent or agents , in the name of and on behalf
of the Corporation to enter into any contract or execute any deed
or other instrument, and any such authority may be general or confined
to specific instances. Whenever the Board of Directors , in authorizing
or directing the execution of any contract, deed or other instrument ,
shall fail to specify the officer or officers or other agent or agents
who are to execute the same, such contract , deed, or other instrument
shall be executed in behalf of the Corporation by the President or
any Vice President and, where necessary or appropriate , the corporate
seal shall be affixed thereto and attested by the Secretary or any
Assistant Secretary.
Section 2 . Checks, drafts, etc. All checks , drafts
and other orders for payment of money out of the funds of the Corpora-
tion shall be signed on behalf of the Corporation in such manner
as shall from time to time be determined by resolution of the Board
of Directors or of any duly authorized committee of directors.
Section 3. Deposits. The funds of the Corporation
not otherwise employed shall be deposited from time to time to the
order of the Corporation in such banks , trust companies or other
depositaries as the Board of Directors or any duly authorized committee
of directors may from time to time be delegated by the Board of Directors
or any duly authorized committee of directors.
Section 4. Lease of facilities. The Board of
Directors shall have the authority, in its discretion, to provide
any and all Club facilities by lease agreement with a third party
or parties. Any such third party may be a member of or may be controlled
by one or more members of the Corporation.
Section 5. Employment contracts. The Board of
Directors may elect and employ a salaried manager of the Club, fixing
his salary; and shall employ or cause to be employed such other servants
and agents as may be required for the conduct of the affairs of the
Club.
-13-
ARTICLE X. MISCELLANEOUS
Section 1. Seal. The corporate seal of the
Corporation shall contain the name of the Corporation, the year of its
creation, and the words "Corporate Seal , Virginia, " and shall be in
such form as may be approved by the Board of Directors.
Section 2 . Fiscal year. The books of account of the
Corporation shall be kept and annual financial statements shall be
prepared on the basis of a fiscal year ending on the last day of
December.
Section 3 . Indemnification. Each director or
officer or former director or officer of this Corporation shall be
indemnified by this Corporation against all expenses actually and
reasonably incurred by him in connection with the defense of any
claim, action, suit or proceeding against him by reason of his being
or having been such director or officer, except in relation to matters
as to which he shall have been adjudged in such action , suit or pro-
coeding to have been liable for negligence or misconduct in the
performance of his duty as such director or officer . The foregoing
right of indemnification shall not be exclusive of other rights to
which he may be entitled as a matter of law or under any by-law,
agreement, vote of members , or otherwise . The Corporation shall
have the right to intervene in and defend all such actions , suits ,
proceedings, or claims brought or asserted against any such present
or former director or officer. Wherever in this section a director
or officer is referred to, such reference shall be inclusive of his
heirs , executors and administrators .
The Board of Directors of this Corporation, acting
at a meeting at which a majority of a quorum is unaffected by self-
interest (notwithstanding that other members of the quorum present
but not voting may be so affected) , shall interpret, construe , and
apply the foregoing provision, and any determination hereunder so
made shall be binding upon the Corporation, and the officer or
director involved. If , however , a majority of a quorum of the Board
which is unaffected by self-interest and willing to act is not
obtainable, the Board in its discretion may (a) appoint from among
the members who are not directors or officers of the Corporation a
committee of two or more persons to consider and determine any such
questions arising under this Section, or (b) cause any such question
to be submitted to arbitration in the manner provided by the laws of
the Commonwealth of Virginia for the arbitration of a controversy;
and the determination of such committee, or the decision rendered upon
such arbitration, shall be conclusive and binding upon all parties
at interest.
-14-
Section 4 . No officer , director , or other principal
or employee of the Club may be a principal or employee of the lessor
of the Club premises or a principal or employee of the owner of the
premises upon which the Club premises is located.
ARTICLE XI . AMENDMENTS
Section 1. By the Directors . The Board of
Directors by a majority vote thereof shall have the power to make ,
alter, amend or repeal the By-laws of the Corporation at any regular
or special meeting of the Board. This power shall not be exercised
by the Executive Committee .
Section 2 . By the members . At any annual or
special meeting, By-laws may be adopted , and all By-laws shall be
subject to amendment, alteration or repeal , by a majority of the members
entitled to vote. Pursuant to resolution adopted by a majority of the
members entitled to vote , the members may provide that certain By-laws
by them adopted, approved or designated may not be amended , altered or
repealed except by a certain specified vote of the members. .
-15-
�6 ( 1 i. M i
§ 15.1-492 CODE
OF VIRGINIA § 1 S 1-Sr�3 .i § 15.1-494
The ordinance may also provide that petitions brought by property ownerc or The 1964 en
their agents shall be sworn to under oath before a notary public or other otiici f seined seats
before whom oaths may be taken, stating whether or not any member of the t "ninety days
local commission or governing body has any interest in such property, either in- 1 coion
ortmiss re-enacts dividually, by ownership of stock in a corporation owning such land, or partner- j commission"
ship, or whether a member of the immediate household of any member of the com- c proviso to t
mission or governing body has any such interest. (Code 1950 (Suppl.), § 15_ ' paragraph ai
968.5; 1962, c. 407; 196nei
4, c. 564.) Notice eci
The 1964 amendment added subdivision
cast of prci
(h) and the last paragraph. repealed § 1
restriction
§ 15.1-492. Vested rights not impaired; nonconforming uses. _ fectiveuntit
Nothing in this article shall be construed to authorize the impairment of any vested 1 only that p:
right, except that a zoning ordinance may provide that land, buildings, and struc- must be app
tures 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 i § 15a
ti
as the then existing or a more restricted use continues and such use is not discon- •
enacts
zo
tinued for more than two years, and so long as the buildings or structures are enacts a
maintained in their then structural condition; and that the uses of such buildings - shall e
or structures shall conform to such regulations whenever they are enlarged, ex- countyhe county
tended, reconstructed or structurally altered. (Code 1950, §§ 15-843, 15-848; Code x appoin c
1950 (Suppl.), § 15-968.6; 1962,c.407.) finala eac
expire each,
§ 15.1-493. Preparation and adoption of zoning ordinance and map days in ad
and amendments thereto.—The local commission of each county or municipal- court prom
• ity may, and at the direction of the governing body shall, prepare a proposed for the umzoning ordinance including a map or maps showing the division of the territory themselves.
into districts and a text setting forth the regulations applying in each district. The ' or municip:
commission shall hold at least one public hearing on such proposed ordinance or commission
any amendment of an ordinance, after notice as required by § 15.1-431, and may successor is
make appropriate changes in the proposed ordinance or amendment as a result of Counties
, such hearing. Upon the completion of its work, the commission shall present the s create a je
proposed ordinance or amendment including the district maps to the governing s pointed fro
body together with its recommendations and appropriate explanatory materials. or corporal
After June twenty-ninth, nineteen hundred and sixty-two, no zoning ordinance large to be
shall be amended or re-enacted unless the governing body has referred the pro- if more tha
posed amendment or re-enactment to the local commission for its recommends- ber shall b
tions. Failure of the commission to report ninety days after the first meeting of jurisdiction
the commission after the proposed amendment or re-enactment has been referred Vacancies
to the commission, or such shorter period as may be prescribed by the governing of zoning
body, shall be deemed approval.
boa
Before approving and adopting any zoning ordinance or amendment thereof, the nualhe terms
governing body shall hold at least one public hearing thereon, pursuant to public and the t:a:
notice as required by § 15.1-431, after which the governing-body may make ap- members a
propriate changes or corrections in the ordinance or proposed amendment; pro- its procedt
vided, however, that no additional land may be zoned to a different classification eral laws c
than was contained in the public notice without an additional public hearingafter
proceeding
notice required by § 15.1-431. An affirmative vote of at least a majority of the bodies at 1
members of the governing body shall be required to adopt, amend or re-enact a
zoning ordinance. Within
The adoption or amendment prior to March first, nineteen hundred and sixty- employ of
four of any plan or ordinance under the authority of prior acts shall not be de- technical
Glared invalid by reason of a failure to advertise, give notice or conduct more saline as
than one public hearing as may be required by such act or by this chapter, pro- her may t
vided a public hearing was conducted b the overnir." other just
Y g , body prior to such adcq� least fifte<
tion or amendment. (Code 1950, §§ 15-822, 15-846; Code 1950 (Suppl.), § 15
968.7; 1962, c. 407; 1964, c. 279.) § 15 968.P
[ 524]
I
..
'.
15.1-494 COUNTIES, CITIES AND TOWNS
15.1-494
§ 15.1-In3 1i
The 1964 amendment substituted, in the to beatctd theiro so th It did ouldnbe present •
roperty owners t.ct i
second sentence of the second paragraph, i
is or other oftici:�1 '"ninety days after the first meeting of the that the notice contain an accurate fore-
y member of t!:r t commission after the proposed amendment cast of the precise action which the county d
or re-enactment has been referred to the board would take upon the subjects men- t
roperty, either in- in Corp., 95 oVa.ne I
land, or partuc,- commission" for
sent ncesof theethird v1OriCommund in litye nShopp otice ofghearinpg' Ciaffone
ember of the coin- proviso to 41, 77 S. E. (2d) 817.
(Suppl.), § 15. ; paragraph and added the last paragraph. Fact that map accompanying notice des- 1
) Notice need not contain accurate fore certain of-
1 cast of precise action. — The provision of ignated a included aas reaa part d amended
repealed § 15-859 that "no such regulation, !
restriction until afteruadary publichhll ea hearing"become
meant ordinance.dCiaffone invalidate. Commun ty amending
v
fective pingCorp., 195 Va. 41, 77 S. E. (2d) 817,
dent of
uses.vested— y that parties in interest and citizens
:tent s, any tric- must be apprised of the proposed changes decided under repealed § 15-859. 1
ldings, and struc-
k and restrictions § 15.1-494. Boards of zoning appeals to be created; membership,
nued only so long organization, etc.—In and for any county
or r or municipality
enabli which haslenactthere
use is not discon- enacts a zoning ordinance pursuant tochapter
or structures are - shall be created a board of zoning appeals, which shall consist of five residents of
of such buildings the county or municipality, appointed officeshall be for five years the circuit or reach except that origoration court of e
are 15-848; Codeex- county or city. Their term
43, 15-848; • , inal appointments shall be made for such terms that the term of one at least member shall
expire each year. The he expiration of any of the oard terms ofll office, shalhe l also thirty
days in advance of t P to fill andv shall shall notify onlych +
my or municipal-
map court promptly if any vacancy occurs. Appointments
my e proposed
for the unexpired portion of the term. Members may be reappointed to succeed
1 Tare a proposed themselves. Members of the board shall hold no other public office in the county v
each the territory district. The municipality except that one may be a member of the local planning or zoning
x commission. A member whose term expires shall continue to serve until la's
used ordinance or successor is appointed and qualifies.
5.1-431, and may ordinances enacted in each jurisdiction,
ent as a result of Counties and municipalities may, by
shall presentthe
create a joint board of zoning appeals, which shall consist of two members ap-
gver
to the governing pointed from among the residents of each participatings e jurisdiction
emb cttf bytt e circuit
story materials. or corporation court of each county or city, p
zoning ordinance large to be appointed by the circuit or corporation court or jointly by such courts
referred the pro- if more than one, having jurisdiction in the area. The term of office
of f h each
its recommend._ ber shall be five years except that of the two members first appointed
first meeting of jurisdiction, the term of one shall be for two years and of the other, four years.
tas been referred Vacancies shall be filled for the unexpired terms. In other respects, joint boards
by the governing 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 an-
ment thereof, the nual terms as such and may succeed t shall not For
less ehccon a mt of ay ony f hBaring
all the
irsuant to public and the taking of any action, a quorum
rms for
y may ent; itsro- menibers of the procedures, board.
t The
with ordinances a of,thee county ormunicipality and gen-
•ent classification
; do
•ent classificau���c oral laws of the Commonwealth. The board shall keep a full public record of its
)lic hearing after proceedings and shall submit a report of its activities to the governing body or
majority of the bodies at least once each year.
nd or re-enact a Within the limits of funds appropriated by the governing body, the board may
employ or contract for secretaries, clerks,adred
legal counsel, consultants, and other
shall and e de- technical and clerical services. Members of the board may receive such compen-
r conduct not lk ,!•'• cation as may be authorized by the respective governing bodies. Any board mem-
hi hpten: ,-- ber may be removed for malfeasance, misfeasance or nonfeasance in office, or for
!us chapter, l r�'- other just cause, by the court which appointed
,i , after
ter hearing
ode 950 (S after
at
�r to such ad ;' least fifteen days' notice. (Code 1950, §§
(Suppl.), y 1` § 15-968.8; 1950,pp. 176,489;1952,c.68S; 1962,c.407.)
[ 5251
1
4
§ 15.1-495 CODE OR VIRGINIA § 15.1-495 ; 15.1-496
§ 15.1-495. Powers and duties of board of zoning appeals.—Boards Code Commission
of zoning appeals shall have the following powers and duties: the following annota
(a) To hear and decide appeals from any order, requirement, decision or de- r provisions of I
termination made by an administrative officer in the administration or enforcement t iT t 1• now repeal
of this article or of any ordinance adopted pursuant thereto;
The prec964eding
ing "ape
(b) To authorize upon appeal in specific cases such variance from the terms of ce of isu "api
.�u;cnce of subdivi:
the ordinance as will not be contrary to the public interest, when, owing to special Purpose of board
conditions a literal enforcement of the provisions will result in unnecessary hard- over-all zoning law
ship; provided that the spirit of the ordinance shall be observed and substantial and general nature.
justice done, as follows: and can hardly be 1
When a property owner can show that his property was acquired in good faith necessity for the ere
and where by reason of the exceptional narrowness, shallowness, size or shape of inc appeals. The ti
a specific piece of property at the time of the effective date of the ordinance, or boards is, within th
where by reason of exceptional topographic conditions or other extraordinarysitua- to t specific tern
to the end that thi
tion or condition of such piece of property, or of the use or development of prop- law may be effectu
erty immediately adjacent thereto, the strict application of the terms of the ordi- that the health, safe
nance would effectively prohibit or unreasonably restrict the use of the property welfare of the publ
or where the board is satisfied, upon the evidence heard by it, that the granting of enactment of such
fisca- Appeals of Alexand
such variance will alleviate a clearly demonstrable hardship approaching con
tion as distinguished9I2, 114 S. E. (2d)
from a special privilege or convenience sought by the ap- Board must corn
plicant, provided that all variances shall be in harmony with the intended spirit merits. — In deter]
and purpose of the ordinance.
No such variance shall be authorized by the board unless it finds: § 15.1-496.
(1) That the strict application of the ordinance would produce undue hardship. proceedings to
(2) That such hardship is not shared generally by other properties in the same ordinance. — A
zoning district and the same vicinity. owner, tenant, go
(3) That the authorization of such variance will not be of substantial detriment tion shall be made
to adjacent property and that the character of the district will not be changed by the board. The ;
the granting of the variance. shall be transmitt
No such variance shall be authorized except after notice and hearing as required matter on the doc
by § 15.1-431. less than ten days
No variance shall be authorized unless the board finds that the condition or sit- the parties in inte
uation of the property concerned or the intended use of the property is not of so application to the
general or recurring a nature as to make reasonably practicable the formulation of board or appear a:
a general regulation to be adopted as an amendment to the ordinance. An appeal to t1
In authorizing a variance the board may impose such conditions regarding the ficer, department,
location, character and other features of the proposed structure or use as it may decision of the zt
deem necessary in the public interest, and may require a guarantee or bond to in- days after the dec
sure that the conditions imposed are being and will continue to be complied with. with the board, a
(c) To hear and decide appeals from the decision of the zoning administrator ministrator shall
or applications for such special exceptions as may be authorized in the ordinance. the record upon w
The board may impose such conditions relating to the use for which a permit is proceedings in fut
granted as it may deem necessary in the public interest and may require a guaran trator certifies to
tee or bond to insure that the conditions imposed are being and will continue to be would in his opin
complied with. ceedings shall not
No such special exception may be granted except after notice and hearing as guard or by a cot
provided by§ 15.1-431. trator and for goc
(d) To hear and decide applications for interpretation of the district map where The board shal
there is any uncertainty as to the location of a district boundary. After ounce to peal, give public
decide the same v
i the owners of the property affected by any such question, and after public hear-
ing with notice as required by § 15.1-431, the board may interpret the map in or affirm, wholly
1 such way as to carry out the intent and purpose of the ordinance for the partienlar termination appe;
section or district in question. The board shall not have the power, however. to re c o.ary to reverse
zone property or substantially to change the locations of district boundaries a, ministrative office
€. established by ordinance. (Code 1950, §§ 15-831, 15-850; Code 1950 (Suppl.), it is required to 1
§ 15-968.9; 1950, p. 176; 1962, c. 407; 1964, c. 535.) nance. The boar
[ 526 ]
i.
•
t
1
1
15.1-195 ;; 1 15.1-496 COUNTIES, CITIES AND TOWNS § 15.1-496
Code Commission note. — The cases in ance for a particular piece of property
sing appeals.—Boards 4
n' 4 the following annotation were decided un- shall be granted, the board must consider
cement, decision or de- P der provisions of former chapter 24 of each case on its own peculiar facts or mer-
Title 15, now repealed. its. In the performance of this duty the
:stration or enforcement
The 1964 amendment substituted "or" for board is clothed with discretionary power,
ante from the terms of s "on" preceding "applications" in the first but this power must be exercised intern-
,- sentence owing to sentence of subdivision (c). gently, fairly, within the domain of reason,
It in unnecessary specialharil Purpose of board of zoning appeals. — and not arbitrarily. Azalea Corp. v. Rich-
Over-all zoning laws are of a nonspecific mond, 201 Va. 636, 112 S. E. (2d) 862;
)served and substantial and general nature. They are not perfect Board of Zoning Appeals of Alexandria v.
and can hardly be made perfect, thus the Fowler, 201 Va. 942, 114 S. E. (2d) 753.
acquired in good faith necessity for the creation of boards of zon- Financial loss, standing alone, cannot _
ing appeals. The very purpose of these establish an extraordinary or exceptional
vness, size or shape of
boards is, within the confines of the law, situation or hardship approaching confisca-
te of the ordinance, or
er extraordinary sittta- to vary specific terms of zoning ordinances tion sufficient to justify the granting of a
development of prop- - to the end that the intent of the zoning variance of a zoning regulation, but it is a
law may be effectuated, keeping in mind factor or an element to be taken into con-
the terms of the ordi-
that the health, safety, morals and general sideration and should not be ignored.
ie use of the property welfare of the public is the basis for the Azalea Corp. v. Richmond, 201 Va. 636,
it, that the granting of enactment of such laws. Board of Zoning 112 S. E. (2d) 862.
approaching confisca- Appeals of Alexandria v. Fowler, 201 Va. Failure to grant variance held abuse of
ice sought by the ap- 942, 114 S. E. (2d) 753. discretion. Azalea Corp. v. Richmond, 201
Board must consider each case on its Va. 636, 112 S. E. (2d) 862.
ith the intended spirit
merits. — In determining whether a vari-
it finds: § 15.1-496. Applications for special exceptions; appeals to board;
)duce undue hardship. proceedings to prevent construction of building in violation of zoning
properties in the same ordinance. — Applications for special exceptions may be made by any property
owner, tenant, government official, department, board or bureau. Such applica-
' substantial detriment tion shall be made to the zoning administrator in accordance with rules adopted by
ill not be changed 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
d hearing as required 7 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 condition or sit- the parties in interest. The zoning administrator shall also transmit a copy of the
property is not of so application to the local commission which may send a recommendation to the
ale the formulation of board or appear as a party at the hearing.
finance. An appeal to the board may be taken by any person aggrieved or by any of-
ditions regarding the facer, department, board or bureau of the county or municipality affected by any
ire or use as it may decision of the zoning administrator. Such appeal shall be taken within thirty
-antee or bond to in- days after the decision appealed from by filing with the zoning administrator, and
to be complied with. with the board, a notice of appeal specifying the grounds thereof. The zoning ad-
zoning administrator ministrator shall forthwith transmit to the board all the papers constituting
:ed in the ordinance the record upon which the action appealed from was taken. An appeal shall stay all
tr which a permit t., proceedings in furtherance of the action appealed from unless the zoningadminis-
ay require a guaran- trator certifies to the board that by reason of facts stated in the certificte a stay
d will continue to he would in his opinion cause imminent peril to life or property, in which case pro-
ceedings shall not be stayed otherwise than by a restraining order granted by the
ttice and hearing as board or by a court of record, on application and on notice to the zoning adminis-
trator and for good cause shown.
district map where The board shall fix a reasonable time for the hearing of an application or ap-
ary. After mn t i,,. to peal, give public notice thereof as well as due notice to the parties in interest and
d after public hr.;r- decide the same within sixty days. In exercising its powers the board may reverse
tterpret the limp t:t or affirm, wholly or partly, or may modify, the order, requirement, decision or de-
ce for the partic t:'.ir termination appealed from. The concurring vote of three members shall be nec-
ver, however. no tc' essary to reverse any order, requirement, decision or determination of an ad-
>trict boundat it, :I, tninistrative officer or to decide in favor of the applicant on any matter upon which
)de 1950 (Sttpi.l. ,, it is required to pass under the ordinance or to effect any variance from the ordi-
nance. The board shall keep minutes of its proceedings and other official actions
[ 527]
—..di z
t
i
§ 15.1-497 CODE OF VIRGINIA § 15.1-497 i
, 15.1-498
which shall be filed in the office of the board and shall be public records. The chair- `
man of the board, or in his absence the acting chairman, may administer oaths ' scr.te of term.—Th
( and compel the attendance of witnesses. , :1.4 a de novo tri
,,,,. term but a ti
Where a building permit has been issued and the construction of the building ;;,,,,1 l give considc
} for which such permit was issued is subsequently sought to be prevented, re- ,,,e board is empov
strained, corrected or abated as a violation of the zoning ordinance, by suit filed ,,,,:able discretion i
within fifteen days after the start of construction by a person who had no actual .,r not a variance
notice of the issuance of the permit, the court may hear and determine the issues .,Hied. Board of 2
raised in the litigation even though no appeal was taken from the decision of the ,,,.:;ion v. Combs,
administrative officer to the board of zoning appeals. (Code 1950, §§ 15-828 to , '.l) 755.
15-830, 15-832, 15-833, 15-850; Code 1950 (Suppl.),1. 15-968.10; 1950, 176• Burden on appal
p' h',rden was on api
1962,C.407.) ..itisfaction of the
§ 15.1-497. Certiorari to review decision of board.—Any person or ;;ranted by the be
persons jointlyor severallyaggrieved byanydecision of the board of zoninga �cas contrary to la
gg P- l„c. v. Richmond,
peals, or any taxpayer or any officer, department, board or bureau of the county or (-,l) 656; Board
municipality, may present to the circuit or corporation court of the county or city \hingdon v. Combs
a petition specifying the grounds on which aggrieved within thirty days after the (2d) 755.
filing of the decision in the office of the board.
Upon the presentation of such petition, the court shall allow a writ of certiorari § 15.1-4 9 8.
to review the decision of the board of zoning appeals and shall prescribe therein tions.—Wheneve
the time within which a return thereto must be made and served upon the relator's greater width or s
attorney, which shall not be less than ten days and may be extended by the court. of building or less
The allowance of the writ shall not stay proceedings upon the decision appealed unoccupied or iml
from, but the court may, on application, on notice to the board and on due cause ute or local ordin.
shown, grant-a restraining order. authority of this a
The board of zoning appeals shall not be required to return the original papers or local ordinance
acted upon by it but it shall be sufficient to return certified or sworn copies thereof other open spaces,
` or of such portions thereof as may be called for by such writ. The return shall con- quire a greater pe:
cisely set forth such other facts as may be pertinent and material to show the ards than are req
grounds of the decision appealed from and shall be verified. provisions of sucl
If, upon the hearing, it shall appear to the court that testimony is necessary for 1950, § 15-842; C(
the proper disposition of the matter, it may take evidence or appoint a commis-
sioner 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 pro-
ceedings upon which the determination of the court shall be made. The court may a
reverse or affirm, wholly or partly, or may modify the decision brought up for re- § 15.1-4 9 9.
view. attempted violatio
Costs shall not be allowed against the board, unless it shall appear to the court restrained, correct
that it acted in bad faith or with malice in making the decision appealed from. ate proceeding. (1
(Code 1950, § 15-834 to 15-839, 15-850; Code 1950 (Suppl.), § 15-968.11; 1950, 1962,c.407.)
p. 176; 1962,c.407.)
Code Commission note.—The cases in to the circuit court, there is a prima facie § 15.1-500.
the following annotation were decided un- presumption that the power and discretion lt:tpter shall not
der provisions of former chapter 24 of of the board of zoning appeals have been heretofore [prior
Title 15, now repealed. properly exercised, and it must appear except as specific
The requirement that the petition shall from the record transmitted to the court,
be "presented to the court" within thirty together with any additional evidence § 15.1-501.
days after the filing of the decision, is taken and procedure had under the statute, fected.—No pro
complied with where within the period that the decision of the board is plainly 1 e affected hereby
specified the petition is filed with the clerk wrong before it may be disturbed by the
1 of the court. Therefore, it was error to court. Hopkins v. O'Meara, 197 Va. 202. § 15.1-502.
I dismiss a petition because it had not liter- 89 S. E. (2d) 1; Board of Zoning Appeals adopted prior to J
ally been "presented to the court". Ross v. of Abingdon v. Combs, 200 Va. 471, 106
or municipality a
Arlington County Board, 197 Va. 91, 87 S. E. (2d) 755; Board of Zoning Appeals ( 15-8191 et
S. E. (2d) 794. of Alexandria v. Fowler, 201 Va. 942, 114seq.
Presumption that board's power and dis- S. E. (2d) 753. hcrchy validated,
cretion properly exercised.—On an appeal Trial on appeal is not de novo in strict technical requires
c. 407.)
_ [ 528] 3 Va. Code-3
, ..
F
I
•
4
§ 15.1-497
15.1-498 COUNTIES, CITIES AND TOWNS § 15.1-502
tublic records. The chair-
verse of term.—The trial before the court Weight of board's decision.—The deci-
n, may administer oaths
,• met a de novo trial in the strict sense of sion of the board is presumed to be cor-
struction of the building II, term but a trial wherein the court rect, and the court should not substitute its
,t:,n,l(i give consideration to the fact that discretion for that of the board. The court
ht to be prevented, re- tl.e board is empowered to exercise a rea- may not disturb the board's decision un-ordinance, by suit filed ,.,„able discretion in determining whether less it has applied erroneous principles of
!rson who had no actual or not a variance should be granted or law or where the board's discretion is in-
and determine the issues ,!enied. Board of Zoning Appeals of Ab- volved unless the evidence before the court
from the decision of the ,i.1 don v. Combs, 200 Va. 471, 106 S. E. proves to its satisfaction that the board's
ode 1950, §§ 15-828 to r-'I) 755. decision is plainly wrong and violative of
15-968.10; 1950, p. 176; Burden on appellant. — On appeal, the the purpose and intent of the zoning ordi-
I,rrden was on appellant to show to the nance. Board of Zoning Appeals of Abing-
Iatisfaction of the court that the permit don v. Combs, 200 Va. 471, 106 S. E. (2d)
board.—Any person or panted by the board of zoning appeals 755.
the board of zoning ap- vas contrary to law. Wicker Apartments, Corporations not owning real estate
bureau of the county or Inc. v. Richmond, 199 Va. 263, 99 S. E. held not aggrieved by decision of board of
('2d) 656; Board of Zoning Appeals of zoning appeals in the instant case. Belle-
art of the county or city
Abingdon v. Combs, 200 Va. 471, 106 S. E. Haven Citizens Ass'n, Inc. v. Schumann,
:hin thirty days after the (2d) 755. 201 Va. 36, 109 S. E. (2d) 139.
allow a writ of certiorari § 15.1-498. Conflict with statutes, local ordinances or regula-
td shall prescribe therein tions.—Whenever the regulations made under authority of this article require a
served upon the relator's greater width or size of yards, courts or other open spaces, require a lower height
le extended by the court. of building or less number of stories, require a greater percentage of lot to be left
on the decision appealed unoccupied or impose other higher standards than are required in any other stat-
board and on due cause rite 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
eturn the original papers or local ordinance or regulation require a greater width or size of yards, courts or
3 or sworn copies thereof other open spaces, require a lower height of building or a less number of stories, re-
lit. The return shall con- quire a greater percentage of lot to be left unoccupied or impose other higher stand-
ad material to show the ards than are required by the regulations made under authority of this article, the
d, provisions of such statute or local ordinance or regulation shall govern. (Code
estimony is necessary for 1950, § 15-842; Code 1950 (Suppl.), § 15-968.12; 1962,c.407.)
ce or appoint a commis-
le same to the court with
ARTICLE 9.
nstitute a part of the pro
be made. The court may Miscellaneous Provisions.
:vision brought up for re- § 15.1-499. Restraining, etc., violations of chapter.—Any violation or attempted violation of this chapter, or of any regulation adopted hereunder may be
shall appear to the court restrained, corrected, or abated as the case may be by injunction or other appropri-
decision appealed from. ate proceeding. (Code 1950, §§ 15-840, 15-851; Code 1950 (Suppl.), § 15-969;ppl.), § 15-968.11; 1950, 1962,c.407.) '
curt, there is a prima facie § 15.1-500. Effect on existing resolutions and ordinances. — This
a the power and discretion I hal1ter shall not affect any resolution or ordinance enacted under any other law
zoning appeals have been heretofore [prior to June twenty-ninth, nineteen hundred and sixty-two] adopted
Is ed, and it must appear except as specifically provided. (Code 1950 (Suppl.), § 15-969.1; 1962, c. 407.)
any additional evidence § 15.1-501. Conflicting provisions of municipal charters not af-
nu ao had undarder the pia statute,
f Fete_d.—No provision in any municipal charter in conflict with this chapter shall
t may be disturbed by the e1llected hereby. (Code 1950 (Suppl.), § 15 969.2; 1962,c. 407.)
v. O'Meara, 197 Va. 202, § 15.1-502. Existing ordinances ratified. — All zoning ordinances
Board of Zoning Appeals 4tliihtedprior to ybyany
Combs, 200 Va. 471, 106 June twenty-ninth, nineteen hundred and sixty-two, county
`'r municipality authorized to adopt the same under any provision of chapter 24 ,
Board of Zoning Appeals t 15-810 et se
are I
Fowler, 201 Va. 942, 114 hereby validated,)rati ra of tified and e 15 oconf firt confirmed notwithe Code of stand nginia or anoncompliny ance with al rany
:al is not de novo in strict t, '07cal requirement of such chapter. (Code 1950 (Suppl.), § 15-969.3; 1962;
c. -107,)
3 Va. Code-34 [ 529]
§ 15.1-465 CODE OF VIRGINIA § 15.1-167 15.1-478.1 1971 Cumu
ARTICLE 7. agent of such proposed regulations,
Land Subdivision and Development. approve the same; and if such Sour
municipality of its disapproval of stu
§ 15.1-465. Counties and municipalities may adopt ordinances reg. of such notice, such plan shall be c
ulating subdivision and development of land; "subdivision" defined, in any county which has a duly al;
Article affirms, etc. legislature, in providing for local control of body or the council shall send a ee
In accord with original. See National land subdivision, delegated to each locality merits thereof to such commission i
Realty Corp. v. City of Virginia Beach, 209 a portion of the police power of the State or disapproval of the same. The cot
Va. 172, 163 S.E.2d 154 (1968). National Realty Corp. v. City of Virgin;, tton until notice has been given and
Portion of police power delegated.—The Beach 209 Va. 172, 163 S.E.2d 154 (196Ni Such hearing shall be held by the c
'
§ 15.1-466. Provisions of subdivision ordinance. giving of notice by the municipality
(i) For the administration and enforcement of such ordinance, not inconsistent with after such hearing make its rei
county which shall within thirty da;
with provisions contained in this chapter, and specifically for the imposition of of its approval or disapproval of s
reasonable fees and charges for the review of plats and plans, and for the in- beyond the corporate limits shall t
spection of facilities required by any such ordinance to be installed; such fees and _ notification by the governing body c
charges shall in no instance exceed an amount commensurate with the service.
to notify the governing body of the
rendered taking into consideration the time, skill and administrator's expense its ulations within ninety days after coi
volved. All such charges heretofore made are hereby validated; provided, however, are received by the county commissi
that such validation shall not affect any litigation pending in any court of tin. been approved. (Code 1950, § 15-78
Commonwealth on June twenty-six, nineteen hundred seventy. (Code 1950, § 1 584; 1962, c. 407.)
781; Code 1950 (Suppl.), § 15-967.1; 1950, p. 183; 1962, c. 407; 1970, c. 436.)
The 1970 amendment added in subdivi- enforcement of a subdivision ordinance,an Code Commission note. t- The ab�
section is set out to correct an error
sion (i) all of the language following "con- that a city council was not empowered tc , pearing in the replacement volume.
tained in this chapter." enact an ordinance imposing a fee for th'
Only part of section set out.—As the examination and approval of subdivisiw. § 15.1-478.1. Validation of
rest of the section was not changed by the plats either by the provisions of this art; 1, 1953.—Any subdivision plat recc
amendment, only subdivision (i) is set out. cle, dealing with land subdivision, or 1" ri•
ity three, if otherwise valid, is hereb'
Fee for examination and approval of other more general statutes, or by It,
plats.—Before the 1970 amendment to this charter. National Realty Corp. v. City n the technical requirements for record
section it was held that subdivision (i) did Virginia Beach, 209 Va. 172, 163 S.E.2d 151 corded were not complied with. (1968,
not grant to a locality the power to impose (1968). § 15.1-482.1. Pee for proce
a fee in connection with administration and • The governing body of any city ma
§ 15.1-467. Application of municipal subdivision regulations be- exceeding fifty dollars for processini
yond corporate limits of municipality.—The subdivision regulations adoptr''. : the vacating of any plat. (1970,c. 161.
by a municipality shall apply within its corporate limits and may apply beyond i
except as to counties with a population in excess of six hundred per square mile A.
[ 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; § 15.1-486. Zoning ordinanc
(b) Within a distance of three miles from the corporate limits of cities haY and municipalities respectively,
ing a population of less than one hundred thousand; and Unicipality may, by ordinance, divic
(c) Within a distance of two miles from the corporate limits of incorporate' '': 'stantial portion thereof into distr
- towns. t '",iY deem best suited to carry out ti
Where the corporate limits of two municipalities are closer together than t ' 'rict it may regulate, restrict, permit,
sum of the distances from their respective corporate limits as above set fort' (a) The use of land, buildings, str
the dividing line of jurisdiction shall be halfway between the limits of the over •e:nmercial, industrial, residential, floe
lapping boundaries. t (b) The size, height, area, bulk, la
The foregoing distances may be modified by mutual agreement between t ' -''c'ration, repair, maintenance, razing
governing bodies concerned, depending upon their respective areas of intere`' 'c) The areas and dimensions of 1
provided such modified limits bear a reasonable relationship to natural g;" . '!dings, structures and uses, and of
graphic considerations or to the comprehensive plans for the area. Any ''':. ': unoccupied by uses and structur
modification shall be set forth in the respective subdivision ordinances, by n'' '-d on whether a public or commun:
or description or both. : '•••1 used;
No such regulations shall be finally adopted by any such municipality until' , ('1) The excavation or mining of
governing body of the county in which such area is located shall have beet„ii l•or the purpose of zoning, the govi
notified in writing by the governing body of the municipality or its desii, " '' over all the unincorporated territc
[ 210 ]
1
t
i
[
e
tGINIA § 15,1.i,- 115.1-478.1 1971 CUMULATIVE SUPPLEMENT § 15.1-486
7. gent of such proposed regulations, and requested to review and approve or dis-
' Development. approve the same; and if such county fail to notify the governing body of such
i -:unicipality of its disapproval of such plan within forty-five days after the giving i
lities may adopt ordinances reg ,f such notice, such plan shall be considered approved. Provided, however, that a
land; "subdivision" defined. : •r any county which has a duly appointed planning commission, the governing 1
;islature, in providing for local control `ody or the council shall send a copy of such proposed regulations or amend- 1
id subdivision, delegated to each lo,.,' 'rents thereof to such commission which shall review and recommend approval
?ortion of the police power of the s•.,,. ,r disapproval of the same. The county commission shall not take any such ac-
ttional Realty Corp. v. City of Virg, ' •:on until notice has been given and a hearing held as prescribed by § 15.1-431.
ach 209 Va. 172, 163 S.E.2d 154 ft ' :rich hearing shall be held by the.county commission within sixty days after the
n ordinance. I giving of notice by the municipality or its agent. Such commission shall forth- i
nt of such ordinance, not inconsi:tr with after such hearing make its recommendations to the governing body of the
nd specifically for the imposition : t county which shall within thirty days after such hearing notify the municipality
of plats and plans, and for the of its approval or disapproval of such regulations and no regulations effective
iinance to be installed; such a , t,eyond the corporate limits shall be finally adopted by the municipality until
nt commensurateto binstalled
with the feese :. i notification by the governing body of the county, except that if the county fails
'o notify the governing body of the municipality of its disapproval of such reg-
skill and administrator's expense I, . ulations within ninety days after copy of the regulations or amendments thereof
hereby validated; provided, how ` are received by the county commission, the regulations shall be deemed to have
:gation pending in any court of !ten approved. (Code 1950, § 15-786; Code 1950 (Suppl.), § 15-967.2; 1954, c.
hundred seventy. (Code 1950, 1: ;84. 1962, c. 407.)
P. 183; 1962, c. 407; 1970, c. 43(i.j i Code Commission note. — The above
'orcement of a subdivision ordinance, a, ' +ection is set out to correct an error ap-
,t a city council was not empowered s :,earing in the replacement volume. I
tct an ordinance imposing a fee for t,, r
tmination and approval of subdivi-- § 15.1-478.1. Validation of certain plats recorded before January
is either by the provisions of this ar ' 1, 1953.—Any subdivision plat recorded prior to January one, nineteen hundred :.
, dealing with land subdivision, or ', i•
�fty-three, if otherwise valid, is hereby validated and declared effective even though
rer more general statutes, or by the technical requirements for recordation existing at the time such plat was re-
trter. National Realty Corp. v. City • - corded were not complied with. (1968,c.279.)
•ginia Beach, 209 Va. 172, 163 S.E.2d 1'-t
i68). 44 § 15.1-482.1. Fee for processing application under § 15.1-482.—
The governing body of any city may prescribe and charge a reasonable fee not 1
)al subdivision regulations be exceeding fifty dollars for processing an application pursuant to § 15.1-482 for
-The subdivision regulations ado;,tr i the vacating of any plat. (1970,c. 161.)
iorate limits and may apply heyon• a
cess of six hundred per square nude t ARTICLE 8.
tnce therefrom set out below: Zoning.
the corporate limits of cities havu,t: ]
)re; t § 15.1-486. Zoning ordinances generally; jurisdiction of counties
n the corporate limits of cities has i and municipalities respectively. — The governing body of any county or
tousand; and i municipality may, by ordinance, divide the territory under its jurisdiction or any a
the corporate limits of incorporate` , substantial portion thereof 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 dis- i
palities are closer together than t 'rict it may regulate, restrict, permit, prohibit, and determine the following:
corporate limits as above set fors' (a) The use of land, buildings, structures and other premises for agricultural,
way between the limits of the over : commercial, industrial, residential, flood plane and other specific uses;
(b) The size, height, area, bulk, location, erection, construction, reconstruction,
by mutual agreement between t'' . alteration, repair, maintenance, razing, or removal of structures;
1 their respective areas of intere'' (c) The areas and dimensions of land, water, and air space to be occupied by ,
Dnable relationship to natural r - : buildings, structures and uses, and of courts, yards, and other open spaces to be ;;
sive plans for the area. Any su, . tit unoccupied by uses and structures, including variations in the sizes of lots 6
tive subdivision ordinances, by i", , based on whether a public or community water supply or sewer system is available
lnd used;
d by any such municipality until 1',` (d) The excavation or mining of soil or other natural resources. I
area is located shall have been '" ` For the purpose of zoning, the governing body of a county shall have jurisdic- i
f the municipality or its desil;ra, 'ion over all the unincorporated territory in the county, and the governing body of ,
[ 211 ]
i 1
1 I
•
•
§ 15.1-486.1 CODE OF VIRGINIA
§ 15.1-4(X; ;15.1-491 1971 CUMUI,A'
a municipality shall have jurisdiction over the incorporated area of the municipality # playgrounds, recreation areas, and othe
(Code 1950, §§ 15-819, 15-844; Code 1950 (Suppl.), § 15-968; 1962, c. 407; 19tk t natural resources; and preservation of
c. 344; 1969, Ex. Sess., c. 1.)
The 1966 amendment inserted "flood Morgan, 203 Va. 398, 157 S.E.2d 920 z properties and their values and the eni
of land throughout the county or muniC:
plane" in subdivision (a). (1967).
The 1969 amendment inserted "or any Two classifications employed. In ' (Tuppl.)6 § 15-968.4; 1962, c. 407; 196E
substantial portion thereof" in the opening drafting of comprehensive zoningthe The 1966 amendment inserted "and char-
icier," "recreation areas," and "for the
paragraph. nances two classifications are generally ern
Law Review. ployed: The inclusive type
For note entitled "Planning for Preser- only those uses specifically named, and nt . § lb.1-491. Permitted provision
vation in Virginia," see 51 Va. L. Rev exclusive type which prohibits specific (c) For the granting of special except
1214 (1965). For article, "Airport Ease- uses and permits all others. Some . guards; andy notwithstanding
ments," see 54 Va. L. Rev. 355 (1968). For nances utilize both forms and all three ar- body of any city, any other
note on setback lines, see 10 Wm. & Mary recognized as valid classifications. Wiley �, special county or town may r
L. Rev. 739 (1969). : exception or use permit.
"Spot zoning" defined.—See Wilhelm v. County
160 (1968).of Hanover, 209 Va. 153, iv : (g) For the amendment of the regulai
or for their repeal. Whenever the public
§ 15.1-486.1. Certain counties may provide by ordinance for dis- r `r good zoning practice require, the goN
closure of real parties in interest.—In addition to the powers granted byti, . property.
Any or changecathe regulations,
aay b chapter, the governing body of allycountyhavingaess body,rdy or such amendment may be
hundred fifty thousand may provide by rdinance that population heplann planning commissio;?
or by motion of the local commissic
governing body or zoning appeals board may require any applicant for amendmc: theaddressed
s consideration t the governing body; dmenprovt
to the zoning ordinance or variance complete disclosure of the a uitable owner mre fu provide proposed sub amendment:
ship of the real estate to be affected including, in the case of corporate ownersi,i, withinay further odat notubstanially the
the names of stockholders, officers and directors and in any case the names a._ coy havinga fic period, exceedingme thanon
addresses of all of the real parties in interest; provided that the requirement 4 ordinance
cea a provide that of more t
i listing names of stockholders, officers and directors shall not apply to a con orati,• rehearinga may provide not exceedir,whose stock is traded on a national or local stock exchange and having more tha, 6 ,c. the;same pc. 54 ,
five hundred shareholders. (1970,C. 573.) (1966, 455; 1968,cc. 543,595.)
The 1968 amendment added to subdivi- r
§ 15.1-489. Purpose of zoning ordinances,—Zoning ordinances shall tM n n (c) "and notwithstanding any other
for the general purpose of promoting the health safety or general welfare of tl,, ;revision of this article, the
1 public and of further accomplishing the objectives of § 15.1-427. To these end' ' � of anyt issueu may reserveeciunto itselfs
such ordinances shall be designed (1) to provide for adequate light, air, co• : 'he rightpermit." such special exception t
venience of access, and safety from fire, flood and other dangers 2 to recir:t -ruse
or prevent congestion in the public streets; (3) to facilitate the creation or : a dmen The $ inserted "County nor flown in 21
i convenient, attractive and harmonious community; (4) to expedite the proti �nbdivision (c). The second 1968 amend.sion of adequate police and fire protection, disaster evacuation, civil defense, tram
• portation, water, sewerage, flood protection, schools, parks, forests, playgroup='= t 1b.1-492. Vested rights not it
recreational facilities, airports and other public requirements; (5) to prom `otlring in this article shall be construed
against destruction of or encroachment upon historic areas; (6) to prat- g
against one or more of the following: Overcrowding of land, undue density •
�`ted right, except that a zoning ordinance
population in relation to the community facilities existing or available, obstr: '•nurtures andprescribed
the uses thereof which do
tion of light and air, danger and congestion in travel and transportation, or 1, tr'cti lopons res the t for the district in ore
y so long as the then existing or a more
of life, health, or property from fire, flood, panic or other dangers; and (7 u'>t discontinued for more than two yea
encourage economic development activities that provide desirable employment :_ 'uctttres are maintained in their then str
enlarge the tax base. (Code 1950, § 15-821 ; Code 1950 (Suppl.), § 15-9ro ' uch buildings or structures shall conforr
uilding or
1962,c. 407; 1966,c. 344; 1968,c.407.) -•'' enlarged, extended, reconstructed or st
The 1966 amendment inserted "flood Fide that no "nonconforming"
protection" in clause (4). "r to any other lot which is notbprope properly zi
The 1968 amendment added clause (7). (Code 1950,
§ 15.1-490. Matters to be considered in drawing zoning' ord i966,C.202.) §§ 15-843, 15 848; Code
nances and districts.—Zoning ordinances and districts shall be drawn r'° 1888 amendment added at the end
reasonable consideration for the existing use and character of property, the:r.
�ctu�allon all of the language following
ability of property for various uses, the trends of growth or change, the oiler" y altered."
and future requirements of the community as to land for various purposes a� 1b,1.493. Preparation and adopti(
termined by population and economic studies and other studies, the traT1y' ' t: amendments thereto.—
tion requirements of the community, and the requirements for schools, lu tY may, and at the direction ofethecgoverz
con
( 212 ] i
[ 213 ]
.
, d
:NIA § 15.1-490 § 15.1-491 1971 CUMULATIVE SUPPLEMENT § 15.1-493
tcorporated area of the municipality, playgrounds, recreation areas, and other public services; for the conservation of I
ppl.), § 15-968; 1962, c. 407; 1966, i natural resources; and preservation of flood planes and for the conservation of
properties and their values and the encouragement of the most appropriate use
gan, 203 Va. 398, 157 S.E.2d 920 of land throughout the county or municipality. (Code 1950, § 15-821; Code 1950 1
7). (Suppl.), § 15-968.4; 1962, c. 407; 1966, c. 344.) i
vo classifications employed. — In the ! The 1966 amendment inserted "and char- conservation of natural resources; and
ing of comprehensive zoning ordi- 3 acter," "recreation areas," and "for the preservation of flood planes."
es two classifications are generally em-
ed: The inclusive type which permits 1 § 15.1-491. Permitted provisions in ordinances; amendments.
those uses specifically named, and the 4 (c) For the granting of special exceptions under suitable regulations and safe- i
tsive type which prohibits specified guards; and notwithstanding any other provision of this article, the governing
and permits all others. Some ordi. _ body of any city, county or town may reserve unto itself the right to issue such i
es utilize both forms and all three are
special exception or use permit. q
;nized as valid classifications. Wiley v.
sty of Hanover, 209 Va. 153, 163 ( (g) For the amendment of the regulations or district maps from time to time, _ ,
Id 160 (1968). f or for their repeal. Whenever the public necessity, convenience, general welfare,
or good zoning practice require, the governing body may by ordinance, amend,
provide by ordinance for dis. supplement, or change the regulations, district boundaries, or classifications of ?
lition to the powers granted by this property. Any such amendment may be initiated by resolution of the governing ,
,ving a population in excess of one body, or by motion of the local commission, or by petition of any property owner
ance that the planning commission, ' addressed to the governing body; provided, that the ordinance may provide for
equire any applicant for amendment i the consideration of proposed amendments only at specified intervals of time, and
disclosure of the equitable owner- may further provide that substantially the same petition will not be reconsidered
in the rase. of corporate ownership, within a specific period, not exceeding one year; provided, however, that in any
irs and in any case the names and € county having a population of more than two hundred and twenty thousand such •
provided that the requirement of ordinance may provide that not exceeding fifteen months may elapse before a
tors shall not apply to a corporation i rehearing on the same petition.
xk exchange and having more than 1 (1966,c.455; 1968,cc. 543, 595.)
The 1966 amendment added to subdivi- ment added the second proviso to subdivi- I
sion (c) "and notwithstanding any other sion (g).
Knees.—Zoning ordinances shall be ' provision of this article, the governing Only part of section set out—As only
th safety or general welfare of the body of any city may reserve unto itself subdivisions (c) and (g) were affected by
tives of § 15.1-427. To these ends the right to issue such special exception the amendments, the rest of the section is 8
ovide for adequate light, air, con or use permit." not set out.
and other dangers; (2) to reduce The 1968 amendments.—The first 1968 Applied in Wiley v. County of Hanover,
(3) to facilitate the creation of as amendment inserted "county or town" in 209 Va. 153, 164 S.E.2d 160 (1968).
unity; (4) to expedite the provi• ; subdivision (c). The second 1968 amend-
ster evacuation, civil defense, trans § 15.1.-492. Vested rights not impaired; nonconforming uses.—
chools, parks, forests, playgrounds. Nothing in this article shall be construed to authorize the impairment of any t
blic requirements; (5) to protect t
in historic areas; (6) to protect vested right, except that a zoning ordinance may provide that land, buildings, and
rowding of land, undue density of istructures and the uses thereof which do not conform to the regulations and
ities existing or available, obstruc 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
n travel and transportation, or loss i
is not discontinued for more than two years, and so long as the buildings or x
anic or other dangers; and (7) to structures are maintained in their then structural condition; and that the uses
t provide desirable employment and of such buildings or structures shall conform to such regulations whenever they F
Code 1950 (Suppl.), § 15-968.3 1 are enlarged, extended, reconstructed or structurally altered, and may further
provide that no "nonconforming" building or structure may be moved on the same 1
lot or to any other lot which is not properly zoned to permit such "nonconforming" 3
use. (Code 1950, §§ 15-843, 15-848; Code 1950 (Suppl.), § 15-968.6; 1962, c. i
407; 1966,c. 202.)
red in drawing zoning ordi The 1966 amendment added at the end
and districts shall be drawn settl of the section all of the language following
and character of property, the sun , "structurally altered."
s of growth or change, the curren'
to land for various purposes as kle 4 § 15.1-493. Preparation and adoption of zoning ordinance and map 1
and other studies, the transl���rr.; 1 and amendments thereto.—The local commission of each county or munici-
Pality may, and at the direction of the governing body shall, prepare a proposed
e requirements for schools, park*
[ 213 ]
.,
; § 15.1-495 CODE OP VIRGINIA § 15.1-495 § 15.1-495.1 1971 Cu
1
zoning ordinance including a map or maps showing the division of the territory sustain its request for a variance. 'I
into districts and a text setting forth the regulations applying in each district. The ter Util. Corp. v. City of Norfolk, 2
commission shall hold at least one public hearing on such proposed ordinance or Os, 160 S.E.2d 799 (1968).
any amendment of an ordinance, after notice as required by § 15.1-431, and may Sewage disposal plant entitled t4
make appropriate changes in the proposed ordinance or amendment as a result ance.—A sewage disposal plant, a n
of such hearing. Upon the completion of its work, the commission shall present 1 forming use under a city zoning ord
the proposed ordinance or amendment including the district maps to the governin bewas required to expand its sludge
t; i beds in order to meet standards it
body together with its recommendations and appropriate explanatory materials. ; by the State Water Control Board.
After June twenty-ninth, nineteen hundred sixty-two, no zoning ordinance held that the plant was entitled, as
shall be amended or reenacted unless the governing body has referred the proposed ! ter of law, to a variance from the to
i amendment or reenactment to the local commission for its recommendations. t the ordinance, since a strict applica
Failure of the commission to report ninety days after the first meeting of the com- the zoning ordinance produced
•
mission after the proposed amendment or reenactment has been referred to the 1 § 15.1-495.1: Not set out.
commission, or such shorter period as may be prescribed by the governing body, s Code Commission note. — This s shall be deemed approval.
relating to persons who may make a
s Before approving and adopting any zoning ordinance or amendment thereof the tion for variances, special exceptions
governing body shall hold at least one public hearing thereon, pursuant to public s zoning in counties having a populal
notice as required by § 15.1-431, after which the governing body may make ap added morettonthe,Codeubyechathan 27,
pter 4810
propriate changes or corrections in the ordinance or proposed amendment; pro-
; vided, however, that no additional land may be zoned to a different classification Acts of 1966. In furtherance of the E
than was contained in the public notice without an additional public hearing after § 15.1-496. Applications
notice required by § 15.1-431. Such ordinances shall be enacted in the same man- proceedings to prevent const
ner as all other ordinances. i ordinance.—Applications for sp
The adoption or amendment prior to March first, nineteen hundred sixty- f owner, tenant, government official
eight of any plan or ordinance under the authority of prior acts shall not be de- i shall be made to the zoning adrr
dared invalid by reason of a failure to advertise, give notice or conduct more than the board. The application and a
one public hearing as may be required by such act or by this chapter, provided a shall be transmitted promptly to
public hearing was conducted by the governing body prior to such adoption or i matter on the docket. No such sp
amendment. notice and hearing as required by
The adoption of a zoning ordinance prior to July one, nineteen hundred sixty- transmit a copy of the applicatic
eight, by the board of supervisors of a county having the county executive form of ; recommendation to the board or ap
, organization and government shall not be declared invalid by reason of a failure i An appeal to the board may be
by said board to call for and hold an election in said county for approval of said l department, board or bureau of thi
ordinance, provided that the provisions of this section for advertisement and public t of the zoning administrator. Suet
hearings were complied with. Nothing herein contained shall be construed so as to i the decision appealed from by fili
affect any litigation pending on March twenty, nineteen hundred seventy. (Code i board, a notice of appeal specifyin;
1950, §§ 15-822, 15-846; Code 1950 (Suppl.), § 15-968.7; 1962, c. 407; 1964, c. shall forthwith transmit to the bo
i 279; 1968, c. 652; 1970, c. 216.) j which the action appealed from v
t The 1968 amendment rewrote the last board of supervisors to make changes in a in furtherance of the action appca
sentence of the third paragraph and sub- proposed amendment to a zoning ordi- ; fies to the board that by reason c
stituted "nineteen hundred sixty-eight" for nance, imposes only one qualification: i his opinion cause imminent peril
"nineteen hundred and sixty-four" in the That the board shall not pass an amend- shall not be stayed otherwise than
i fourth paragraph. ment that rezones more land than that by a court of record, on applicatio
The 1970 amendment, effective March 20, described in the original public notice, I for good cause shown.
i 1970, added the last paragraph. without first giving the statutory notice
"Spot zoning" defined.—See Wilhelm v. of the proposal to rezone the larger tract i The board shall fix a reasonabls
Morgan. 208 Va. 398, 157 S.E.2d 920 and holdingan additional peal, give public notice thereof as
(1967). This public hearing. decide the same within sixty day
Power of board of supervisors to make eferralsetoon thedoes not require a planning commission.econd
Wit- Y P Y�
verse or affirm wholl or artl 1
changes in proposed amendment. — This helm v. Morgan, 208 Va. 398, 157 S.E.2d of determination appealed from. 1
section, which expressly empowers the 920 (1967). necessary to reverse any order,
Il administrative officer or to decide
§ 15.1-495. Powers and duties of board of zoning appeals. I which it is required to pass unde.
The provisions of the second paragraph unreasonably restrict the use of its prop- ; the ordinance. The board shall key
of subdivision (b) are stated in the disjunc- erty in addition to satisfying the three i actions which shall be filed in the
five. Therefore, appellant was required to specifically enumerated tests in the third The chairman of the board, or in 1
i show one of several situations which would paragraph of subdivision (b) in order to oaths and compel the attendance of
[ 214 ]
4
•
;INIA § 15.1-495 I § 15.1-495.1 1971 CUMULATIVE SUPPLEMENT § 15.1-496
howing the division of the territorysustain its request for a variance. Tidewa- hardship approaching confiscation, such
p g ;
lations applying in each district. The , ter Util. Corp. v. City of Norfolk, 208 Va. hardship not shared generally by other 1
ring on such proposed ordinance or 705, 160 S.E.2d 799 (1968). properties in same zoning district, a vari- )
as required by § 15.1-431, and may ` Sewage disposal plant entitled to vari- ance would not be a detriment to adjacent
rdinance or amendment as a result ance.—A sewage disposal plant, a noncon- property, and the character of district
work, the commission shall present forming use under a city zoning ordinance, would not be changed, and a variance i
ig the district maps to the governingwas required to expand its sludge drying would not adversely affect the health, 1
beds in order to meet standards imposed safety or general welfare of the neighbor- 3
appropriate explanatory materials. by the State Water Control Board. It was hood, but would do substantial justice and
d sixty-two, no zoning ordinance held that the plant was entitled, as a mat- be in harmony with the intended spirit of i
ning body has referred the proposed ter of law, to a variance from the terms of the zoning ordinance. Tidewater Util. '
nmassion for its recommendations, the ordinance, since a strict application of Corp. v. City of Norfolk, 208 Va. 705, 160
s after the first meeting of the com- the zoning ordinance produced undue S.E.2d 799 (1968).
:nactment has been referred to the § 15.1-495.1: Not set out.
prescribed by the governing body, ' Code Commission note. — This section, policy of the Commission to include in the
relating to persons who may make applica- Code only provisions having general and
rdinance or amendment thereof, the tion for variances, special exceptions or re- permanent application, this section, which
hearing thereon, pursuant to public - zoning in counties having a population of is limited in its purpose and scope, is not
the governing body may make ap- more than 27,300 but less than 27,600, was set out here, but attention is called to it
.nce or proposed amendment; pro- added to the Code by chapter 481 of the by this reference.
e zoned to a different classification Acts of 1966. In furtherance of the general
t an additional public hearing after § 15.1-496. Applications for special exceptions; appeals to board;
shall be enacted in the same man- r proceedings to prevent construction of building in violation of zoning
i ordinance.—Applications for special exceptions may be made by any property
-ch first, nineteen hundred sixty- 1 owner, tenant, government official, department, board or bureau. Such application
)rity of prior acts shall not be de- shall be made to the zoning administrator in accordance with rules adopted by
give notice or conduct more than f the board. The application and accompanying maps, plans or other information
act or by this chapter, provided a shall be transmitted promptly to the secretary of the board who shall place the
g body prior to such adoption or i matter on the docket. No such special exceptions shall be authorized except after
i notice and hearing as required by § 15.1-431. The zoning administrator shall also
July one, nineteen hundred sixty- i transmit a copy of the application to the local commission which may send a
wing the county executive form of recommendation to the board or appear as a party at the hearing.
red invalid by reason of a failure An appeal to the board may be taken by any person aggrieved or by any officer,
1 said county for approval of said department, board or bureau of the county or municipality affected by any decision
rtion for advertisement and public of the zoning administrator. Such appeal shall be taken within thirty days after
itained shall be construed so as to the decision appealed from by filing with the zoning administrator, and with the
nineteen hundred seventy. (Code board, a notice of appeal specifying the grounds thereof. The zoning administrator
§ 15-968.7; 1962, c. 407; 1964, c. i shall forthwith transmit to the hoard all the papers constituting the record upon
which the action appealed from was taken. An appeal shall stay all proceedings
of supervisors to make changes in a 1 in furtherance of the action appealed from unless the zoning administrator certi-
;ed amendment to a zoning ordi- fies to the board that by reason of facts stated in the certificate a stay would in
imposes only one qualification: his opinion cause imminent peril to life or property, in which case proceedings
he board shall not pass an amend- I shall not be stayed otherwise than by a restraining order granted by the board or
that rezones more land than that 5 by a court of record, on application and on notice to the zoning administrator and
red in the original for good cause shown.
public notice,
t first giving the statutory notice
The board shall fix a reasonable time for the hearing of an application or ap
proposal to rezone the larger tract ;
peal, give public notice thereof as well as due notice to the parties in interest and
ilding an additional public hearing.
action does not require a second i decide the same within sixty days. In exercising its powers the board may re-
1 to the planning commission. Wil- verse or affirm, wholly or partly, or may modify, the order, requirement, decision
Morgan, 208 Va. 398, 157 S.E.2d of determination appealed from. The concurring vote of three members shall be
167). necessary to reverse any order, requirement, decision or determination of an
administrative officer or to decide in favor of the applicant on any matter upon
1 of zoning appeals. which it is required to pass under the ordinance or to effect any variance from
nably restrict the use of its prop- the ordinance. The board shall keep minutes of its proceedings and other official
addition to satisfying the three a actions which shall be filed in the office of the board and shall be public records
illy enumerated tests in the third 1 The chairman of the board, or in his absence the acting chairman, may administer
ph of subdivision (b) in order to oaths and compel the attendance of witnesses.
[ 215 ]
i
f
1
15.1-497
C § CODE OPVIRGINIA § 15.1-503.1 i 15.1-504 1971 CUMULA7
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, re. CHAF
strained, corrected or abated as a violation of the zoning ordinance, by suit filed COUNTIES
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 Article 1.
raised in the litigation even though no appeal was taken from the decision of the General Provisions.
administrative officer to the board of zoning appeals. (Code 1950, §§ 15-828 to Sec.
15-830, 15-832, 15-833, 15-850; Code 1950 (Suppl.), § 15-968.10; 1950, p. 176, IS.1-504. Adoption of ordinances.
1962,c. 407; 1966,c. 256.) t5.1-506.1. Liability insurance for officer:
and employees of certain
The 1966 amendment deleted "advertise hearing to the parties in interest" at the counties.
a public hearing thereon which shall be end of the third sentence, and added the 1 15.1-508. How counties may sue and b.
held not less than ten days after such ad- fourth sentence.
#
vertising, i sued.
g, give written notice of such 15.1-509. (Repealed.]
§ 15.1-497. Certiorari to review decision of board. 15.1-510.1. County may by ordinance exec
Board's authority may not be challenged either that the permit granted by the board CISe powers set forth in §
before decision.—Plaintiff's contention that was contrary to law or that the board's de- 15.1 510.2 to 15.1-510.5; fee
for permitsot
and inspections.
since this section provided him, because he vision was plainly wrong under the evi- �S.t-510.2. Reg u 1 at ion of constructiol
was a taxpayer, the right of judicial review dense. C. & C. Inc. v. Semple, 207 Va. 438, maintenance and repair
1 to attack the authority of the board of 150 S.E.2d 536 (1966); Tidewater Util. i buildings.zoning appeals after a decision was made Corp. v. City of Norfolk, 208 Va. 705, 160 1 15.1-510.3. Regulation of certain install
by the board, he had, a fortiori, the right S.E.2d 799 (1968). ,
to challenge such authority before such a Weight, etc.
tions in or appurtenant
decision was made, was clearly without In accord with original. See Board of buildings.
merit. City of Fairfax v. Shanklin, 205 Va. Zoning Appeals v. Combs, 200 Va. 471, 106 15.1-510.4. Regulation of emission of smol
227, 135 S.E.2d 773 (1964). S.E.2d 755 (1959); C. & C. Inc. v. Semple, and construction, etc., of fut
Burden on appellant. 207 Va. 438, 150 S.E.2d 536 (1966); Tide- burning equipment.
On appeal there is a presumption that water Util. Corp. v. City of Norfolk, 208
t5.1-510.5. Rsanitation oandguse and�locc
the board of zoning appeals acted cor- Va. 705, 160 S.E.2d 799 (1968). vanc of buildings.
rectly and the burden is on the appellant Applied in C. & C. Inc. v. Semple, 207 p y
f
to show to the satisfaction of the court Va. 438, 150 S.E.2d 536 (1966). 15.1-510.5:1. R ways to within pr�multifam
ARTICLE 9. residential dfi
evelopments.
15.1 510.6. Sections 15.1-510.2 to 15.1-51i
Miscellaneous Provisions. inapplicable in certain ina
§ 15.1-501. Effect of chapter on municipal charters.—No provision in posted towns.
t5.1-511.1. Allocation of county funds
any municipal charter in conflict with this chapter shall be affected hereby. Further- property to authorities crew
more, any city exercising zoning authority within the corporate limits of such city by county.
pursuant to power expressly set out in the charter of such city may exercise, in 15.1-514. Prohibiting loitering; curb
addition to those powers so provided in such charter, any or all of the powers for minors.
and authority granted in article 8 (§ 15.1-486 et seq.) of this chapter to munici-
palities 15.1-514.1. Regulation, etc., of assemb'
p or movement of persons
to en in relation to the zoning of territory under the jurisdiction of such city,
to the end that any of the purposes set out in such charter and in § 15.1-489, as vehicles under certain
from time to time amended, be accomplished. (Code 1950 (Suppl.), § 15-969.2; cumstances.
1962,c. 407; 1966,c. 514.) 15.7 57 5.1. [Repealed.]
15.1-518. biting n of firear
e
The 1966 amendment added the last sen-
tence. Prohi air-operatedshooti or gas-opn
tense. I weapons in certain
g areas.
§ 15.1-502. Existing ordinances ratified. 15.1-522. County boards of supervi:
vested with powers and autl
Code Commission note.—Section 15-819 pealed by Acts 1962, c. 407. See now § 15.1- ity of councils of cities
et seq., referred to in the original, was re- 486 et seq. towns; exceptions.
§ 15.1-503.1. Perpetuation and protection of historical sites in cer- 15.1-523. Pistols and revolvers; license
tain counties.--Chapter 480 of the Acts of 1966, authorizing the governing on dealers.
bodies of counties having a population of more than two hundred forty thousand
to perpetuate historical sites and to protect them by regulating the architectural Gent
design of structures in the area of such sites, is incorporated in this Code by this
reference. § 15.1-5 0 4. Adoption of or
The number of this section was assigned law, ordinances shall be adopted by
by the Virginia Code Commission, the 1966
manner prescribed by this section.
act having assigned no number.
[216]
I
ARTICLES OF INCORPORATION
OF THE
WESTFIELD KEY CLUB
We hereby associate to form a non-stock corporation under
the provisions of Chapter 2 of Title 13.1 of the Code of Virginia, and
to that end, set forth the following:
1. Name The name of the corporation is WESTFIELD
KEY CLUB
2. Purpose The corporation is organized and operated
not for profit, but exclusively for pleasure, recreation and other similar
nonprofitable purposes, as contemplated by Section 501(c) (7) of the
Internal Revenue Code of 1954 (any reference herein to any provision
of such Code shall be deemed to mean provision as now or hereafter ex-
isting, amended, supplemented, or superseded, as the case may be).
The corporation will be operated in such manner that no part of its
net earnings will inure to the benefit of any private person or to any
• political organization.
Subject to the above provisions and in furtherance of these
express purposes, the corporation has the following specific objectives
and no others:
(a) Generally to provide and operate a social club and
associated accommodations and facilities exclusively for the
pleasure, recreation or social purposes of the members of the
corporation and their guests.
(b) To build, own, lease and operate a club, club houses
and facilities for the use of the members of the corporation, swim-
ming pools, a bar or bars for the sale, serving and consumption of
alcoholic beverages, within the limits prescribed by the laws of the
•
State of Virginia, and other types of indoor and outdoor accom-
odations and recreation facilities'for the benefit of members of
the corporation and their guests.
(c) To make appropriate charges, in the form of dues,
levies or assessments, against the members of the corporation as
compensation for services provided or rendered to them, and to
finance the activities of the corporation generally; and to enforce
collection of such dues, levies or assessments as and to the
extent provided pursuant to any contract, covenant or agreement
of which the corporation is a party or in any other lawful way.
(d) To own, lease, rent, hire or otherwise acquire and
to use, maintain and operate buildings, facilities, franchises, •
or real or personal property necessary or appropriate to the
general social, cultural and recreational purposes of the corporation.
(e) To do any and all lawful acts and things which may be
necessary, useful, suitable or proper for the furtherance or
accomplishment of the purposes and powers of the corporation,
and to exercise all powers possessed by Virginia corporations
of similar character. •
3. Membership.
(a) Any individual of good character over the age of 21
years who is interested in the objects and purposes of the corporation
shall be eligible for active membership, provided there is a vacancy
in the class of membership for which such person is otherwise
eligible.
(b) Final selection of the members of the corporation shall
be made from time to time by the Board of Directors. Such members
-2-
Sir
P
•
shall be divided into three classes - resident members who live in
the Westfield Club Apartments, resident members who reside
in either the City of Charlottesville or the County of Albemarle,
Virginia, and non-resident members who shall be those members
who reside outside of a forty (40) mile radius of the City of
Charlottesville. Such members shall be designated as Class A,
Class B, and Class C members, respectively. So long as they
remain in good standing, all members shall be entitled to and
enjoy all the rights and privileges accorded their respective class
of membership.
(c) A member of any class may be suspended or expelled
from membership for non-payment of dues, levies, or assessments
wy
as set forth in the By-laws.
4. Registered Office
(a) The address of the Corporation's initial registered
office is 500 Citizens Commonwealth Center, Box 1151, Charlottesville,
Virginia, 22902, 1 which is located in the City of Charlottesville, Virginia.
The name of the Corporation's initial registered agent is George H. Gilliam,
who is a resident of Virginia and a member of the Virginia State Bar, and
whose business office is the same as the registered office of the Corporation.
5. Directors
(a) The number of the directors constituting the initial
Board of Directors is three (3). The number of directors may be
increased or decreased from time to time by amendment to the
By-laws.
(b) The names and addresses of the persons who are
to serve as the initial directors are:
-3-
T
Name P t•.IreNN
•• ' I. Bruce Belcher 2403 Peyton Drive, Charlottesville, Va.
1c)1-r, 1-la_t i r, 'Pig M.9P L-r' O ztvC_ , vVfi y N E:i vc"
2. 12401 r •
3. Elizabeth Ostendorf 2401 Peyton Drive, Charlottesville, Va.
6. Regulation of Internal Affairs
The following provisions are inserted for the management
of the business and for the conduct of the affairs of the corporation
and for the further definition, limitation and regulation of the powers
of the association and of its members and Board of Directors.
(a) The initial By-laws shall be adopted by the Board of
Directors which may alter, amend or repeal the By-laws or adopt
new By-laws; provided, however, that all By-laws shall be subject
to.alteration, amendment or repeal by the members. The By-laws
shall contain definitions, rules and regulations necessary or proper
for the implementation of the purposes of the corporation and the
provisions of these articles.
(b) Directors shall be elected by the members at each
annual meeting of the members, and may be elected at a special
meeting called for that purpose. Each director shall serve until
the annual meeting of the members next following his election and
until the election and qualification of his successor, or until his
sooner death, resignation or removal. At each meeting of the
members for the election of directors, a quorum being present,
the persons receiving the greatest number of votes shall be the
directors. If the election of directors shall not he held on the
day designated for any annual meeting or at any adjournment of
such meeting, the Board .of Directors shall cause the election
to be held at a special meeting of the members as soon thereafter
as practicable.
(c) At least two-thirds of the directors shall be elected
-4-
•
•
r 0 *nee
from Class A and B Resident membership of the corporation.
The remaining directors, if any, may be elected from the Non-
Resident membership of the Corporation.
7. Directors and Officers as Interested Parties
In the absence of actual fraud, no contract or other transaction
of the Corporation shall be affected by the fact that any of the directors
or officers of the Corporation are in any way interested in or connected
with any other party to such contract or transaction, or are themselves
parties to or interested in such contract or transaction, or are themselves
parties to or interested in such contract or transaction. The fact of
membership in the Board of Directors shall not disqualify andy director
rendering unusual or special services to the corporation, or any director
who may be an officer, agent, or employee rendering services to the
corporation otherwise than in his capacity as director, from receiving
compensation appropriate to the value of such services; and the Board •
of Directors may in its discretion cause such compensation to be paid
or provided. Any and all directors of the corporation who are so in-
terested in, or so connected with, such other party or such contract
or transaction, may be counted in determining the presence of a quorum
and may vote at any meeting of the Board of Directors which shall authorize
or ratify any such contract or transaction, with like force and effect as
if they were not so interested or connected. No ratification by members
of any of the aforesaid contracts or transactions shall be necessary to
the validity thereof.
Dated:
•
( ,
• George H. Gilliam
• • Virginia\) Pace
W. Clyde Gouldman, II.
•5-
t . •
STATE OF VIRGINIA
COUNTY OF ALBEMARLE
The foregoing instrument was acknowledged before me by
• GEORGE H. GILLIAM, VIRGINIA L. PACE & W. CLYDE GOULDMAN, II,
this /
0�,�.7 day of�Qi<t�t.1,t,, , 19.L.
M commission expires:Y P� fj_%-ram • �Q� /173.
C2C?" ..z
�gttary Public
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