§ 2.6. Planning and zoning powers.

(a)

Comprehensive plan. In accordance with general law, the city council shall cause to be prepared and adopted a comprehensive city plan providing for the future improvement and growth of the city, within and without the city limits, and including the altering and extension of streets, and opening of new subdivisions, the changing and improving of the channels of the creeks running into and through the city, the location and opening of the most practical, cost efficient, and direct highways from the city into the adjoining county, the improvement of entrances and terminals to and from the city, including those of public service corporations looking to the future harmonious development of a city plan, the planning for playgrounds, parks, and boulevard systems, the location of public buildings, including school buildings and other public works and public utilities, and all such other things as will tend to make the City of Waynesboro a more convenient, attractive, and modern city. The comprehensive plan shall serve as a general guide to future council action concerning land use and development regulations, urban renewal programs, and expenditures for capital improvements.

(b)

Public streets, etc., vacation.

(1)

The council, at its discretion, shall have power to vacate, alter, or discontinue, in whole or in part, any public street, avenue, or alley, in the city in the following manner.

(i)

On the application of any landowner or on resolution of the council of its own motion, the mayor shall appoint three (3) viewers to act as commissioners, who shall ascertain and report if any inconvenience will result to the public and whether in their opinion any, and if any, what special damage will be suffered by the landowner or landowners abutting thereon, if the street, avenue, or alley is vacated, discontinued, or altered in whole or in part, as proposed.

(ii)

Upon the return of the report, the mayor shall fix a time and place to consider the said report, of which the clerk of the council shall give notice by publication once a week for two successive weeks in a newspaper published in the city, or having general circulation therein.

(iii)

At the hearing, evidence may be offered for and against the report, and the council may at that or any adjourned or regular meeting approve or modify the report as it deems right, just, and proper to do, and as approved or modified, adopt the same, or reject the report and dismiss the proceeding.

(iv)

If the report is adopted, or as modified is adopted, the council shall pass an ordinance prescribing such conditions, if any, as it deems proper, vacating, discontinuing, or altering the said street, avenue, or alley in whole or in part. The title to the street, avenue, or alley, or to such part thereof as shall be vacated, discontinued, or altered, shall vest in the city, or in the landowner or landowners, whose property abuts thereon, to be determined by the council in the ordinance.

(v)

An appeal of right may be taken by a dissatisfied landowner affected, within ten (10) days of the passage of the ordinance, vacating, discontinuing or altering any street, avenue, or alley, or any part thereof, to the circuit court of the City of Waynesboro on the question of special damages awarded, but the right, motives, or purposes of the council touching the vacation, alteration, or discontinuance of the street, avenue, or alley, in whole or in part, or the conditions prescribed or annexed, shall not be open to inquiry on appeal.

(2)

The said city shall have the use and control of all public streets and alleys, both below and above ground.

(c)

Subdivisions. All subdivisions of lots and lands shall comply with Article 6 (§ 15.2-2240 et seq.) of Chapter 22 of Title 15.2 of the Code of Virginia, regarding land subdivision and development, as provided by the general law of the Commonwealth of Virginia and amendments thereto.

(d)

Zoning generally.

(1)

For the promotion of health, safety, morals, comfort, prosperity, or general welfare of the general public, the council may, by ordinance, divide the area of the city into one or more districts of such shape and area as may be deemed best suited to carry out the purposes of this Charter, and in such district or districts may establish, set back building lines, regulate and restrict the location, erection, construction, reconstruction, alteration, repair or use of buildings and other structures, their heights, area and bulk, and percentage of lot to be occupied by buildings or other structures, the size of yards, courts, and other open spaces, and the trade, industry, residence, and other specific uses of the premises in such district or districts.

(2)

All such regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts.

(3)

Such regulations shall be made in accordance with a comprehensive plan, and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers, to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(4)

The council of said city shall provide for the manner in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced and from time to time amended, supplemented, or changed. Each such regulation, restriction, or boundary shall be first referred to the planning commission for a report and recommendation and such commission shall make such report and recommendation to the council after public hearing held thereon by the commission, either jointly with council or separately, pursuant to the requirements of the Code of Virginia. No such regulation, restriction, or boundary shall become effective until after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, held by the city council, jointly with said commission or subsequent to the hearing of said commission, after notice as required by the Code of Virginia.

(5)

Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change signed by the owner of twenty percent (20%) or more either of the area of all the lots included in such proposed change, or of those immediately adjacent thereto, such amendment shall not become effective except by the favorable vote of four-fifths ( 4/5 ) of all the members of the council. The provisions of the previous subsection relative to public hearings and official notice shall apply equally to all changes or amendments.

(e)

Board of Zoning Appeals; composition; appointment of members; powers. There shall be a board of zoning appeals which shall consist of five (5) members appointed for three-year terms by the judge of the circuit court and removable for cause by the appointing authority, upon written charges and after public hearing. Vacancies shall be filled by the judge for the unexpired term of any member whose term becomes vacant. The board of zoning appeals shall have all powers granted to boards of zoning appeals by general law.

(f)

Vested rights. Nothing contained in this section shall be construed as intended to authorize the impairment of any vested right.