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<br />2~~ 8 <br /> <br />FRIDAY, FEBRUARY 28, 1986 <br /> <br />In accordance with the requirements of Section 5 of Chapter 2 of the City's Charter, <br /> <br />a special and duly-called meeting of the Council of the City of Martinsville, Vir- <br /> <br />ginia, was held Friday, February 28, 1986, in the Council Chamber, City Hall, begin- <br /> <br />ning at 3:00 P.M., for the purpose of considering City Attorney David B. Worthy's <br /> <br />opinion on--and interpretation of--Section 15.1-492 of the CODE OF VIRGINIA (1950, <br /> <br />and as amended), regarding unimpaired vested rights as they relate to the signs sec- <br /> <br />tion of the City's Zoning Ordinance and, particularly, to the application of non- <br /> <br />conformity of signs and uses within the City. Members of Council present were The <br /> <br />Honorable William C. Cole, Jr., Mayor and Presiding Officer, and Messrs. Alfred T. <br /> <br />Groden, L. D. Oakes, and Clyde L. Williams. The only other member of Council, Mrs. <br /> <br />Eliza H. Severt, Vice-Mayor, was absent, being away from the City, because of a <br /> <br />prior commitment. <br /> <br />After Mayor Cole extended a cordial welcome to visitors present, followed by his <br /> <br />stating the purpose of this special meeting, Council reviewed with City Attorney <br /> <br />Worthy his written opinion, as cited hereinbefore, which stated that" .......the <br /> <br />requirement in the 1980 sign ordinance that every sign erected before the adoption <br /> <br />thereof 'be brought into compliance, in all respects, to the provisions of this ordi- <br /> <br />nance within five years from the effective date' thereof, is void. It contravenes <br /> <br />the provisions of Section 15.1-492 of the 1950 Code of Virginia, as amended. This <br /> <br />statute provides that no zoning ordinance 'shall be construed to authorize the im- <br /> <br />pairment of any vested right' and that any structures and uses thereof which do not <br /> <br />conform to the provisions of the zoning ordinance may continue 'so long as the then- <br /> <br />existing . <br /> <br />use continues', and 'so long as the buildings or structures are main- <br /> <br />tained in their then structural condition." Such buildings or structures shall be <br /> <br />required to conform to the new regulations only when they are 'enlarged, extended, <br /> <br />reconstructed or structurally altered...' The effect of this is to grandfather in <br />