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GENERAL ORDINANcra 321
<br />Sec. 495(16). Interpretation and purposes.
<br />In their interpretation and application, the provisions of this
<br />section shall be held to be minimum requirements adopted for
<br />the promotion of health, safety, morals, comfort, prosperity, or
<br />general welfare of the public. It is not intended by this section to
<br />repeal, abrogate, annul or in any way to impair or interfere with
<br />any existing provision of law or ordinance, or any rules, regula-
<br />tions or permits previously adopted or issued or which shall be
<br />adopted or issued pursuant to law relating to the use or construc-
<br />tion of buildings or premises; provided, however, that where
<br />this section imposes a greater restriction upon the use of build-
<br />ings or premises or upon heights of buildings, or requires larger
<br />yards, courts or other open spaces than are imposed or required
<br />by such existing provisions of law or ordinance or by such rules,
<br />regulations or permits, the provisions of this section shall con-
<br />trol.
<br />Sec. 495 (17 ) . General regulations.
<br />Except as hereinafter provided for existing non -conforming uses
<br />in subsection 18, no building, structure or premises shall be used
<br />' and no building or part thereof, or other structure shall be erected.
<br />reconstructed, enlarged, or altered except in conformity with the
<br />regulations prescribed by this section; except that nothing in
<br />this section shall affect the height, set back building line, yards
<br />or courts of any building or lot as such exists at the time of the
<br />passage of this Code.
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<br />Sec. 495(18). Existing non -conforming uses.
<br />(1) If, at the time of the enactment of this Code, any lot,
<br />building or structure is being used in a character or manner or
<br />for a purpose which does not conform to the provision of this
<br />section, and which is not prohibited by some other section, such
<br />character or manner of use or purpose may be continued, and
<br />no change of title or possession or rights to possession of any
<br />such lot, building or structure shall be construed to prevent the
<br />continued non -conforming use of such lot, building or structure
<br />as hereinbefore provided. Any such non -conforming use which
<br />is not otherwise unlawful may be hereafter extended through-
<br />out any part of a building or structure which was manifestly
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<br />arranged or designed for such use at the time of enactment of
<br />this Code.
<br />(2) No building, structure or premises in which a non -con-
<br />forming use is abandoned for a period exceeding two years or is
<br />superseded by a permitted use, subsequent to the enactment of
<br />this Code, shall again be devoted to prohibited use.
<br />(3) Any non -conforming building or structure which is here-
<br />after damaged to an extent exceeding 50 percent of its then re-
<br />production value exclusive of foundations, by fire, flood, explo-
<br />sion, earthquake, war, riot, storm or so-called act of God, may
<br />not be restored, reconstructed and used for any other than a pur-
<br />pose permitted under the provisions of this section governing
<br />the district in which the building or structure is located.
<br />(4) Nothing in this section shall prevent the strengthening or
<br />restoration to a safe or lawful condition of any part of a build-
<br />ing or structure declared unsafe or unlawful by the Building In-
<br />spector, the Chief of Fire Department, or any other duly au-
<br />thorized City official.
<br />(5) The occupancy of a building or premises by a watchman
<br />or caretaker for sleeping quarters shall not constitute residence
<br />occupancy within the meaning of this section.
<br />Sec. 495(19). Enforcement.
<br />(1) This section shall be enforced by the Building Inspector,
<br />who shall in no case grant any permit for the construction or al-
<br />teration of any building if the building as proposed to be con-
<br />structed or altered would be in violation of any of the provisions
<br />of this section. All applications for building permits shall be
<br />accompanied by plans in duplicate, drawn to scale, showing the
<br />actual shape and dimensions of *the lot to be built upon, the ex-
<br />act sizes and locations on the lot of the buildings and accessory
<br />buildings then existing, and the lines within which the proposed
<br />building or structure shall be erected or altered, the existing and
<br />intended use of each building or part of a building, the number
<br />of families or housekeeping units the building is designed to ac-
<br />commodate, and such other information with regard to the lot
<br />and neighboring lots as may be necessary to determine and pro-
<br />vide for the enforcement of this section. One copy of such plans
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<br />GENERAL ORDINANCES 323
<br />shall be returned to the owner when such plans shall have been
<br />approved by the Building Inspector.
<br />(2) It shall be unlawful to use or permit the use of any build-
<br />ing or premises or part thereof, hereafter created, eructed,
<br />changed, converted, altered or enlarged, wholly or partly, in its
<br />use or structure, until a Certificate of Occupancy shall have been
<br />issued therefor by the Building Inspector. Such Certificate shall
<br />show that such building or premises or part thereof and the pro-
<br />posed use thereof are in conformity with the provisions of this
<br />section.
<br />(3) Any persons who propose to construct or alter any build-
<br />ing or to make some use of a lot, building or structure of any
<br />kind which proposed construction, alteration or use is appar-
<br />ently in conflict with the provisions of this section shall file with
<br />the Building Inspector his application therefor, which applica-
<br />tion shall furnish such information to the Building Inspector as
<br />may be necessary to enable him to pass on such application in-
<br />telligently. If such proposed structure, alteration or use is in
<br />conflict with the provisions of this section, the Building Inspec-
<br />tor shall refuse a permit for such construction, alteration or use,
<br />and from such decision of the Building Inspector an appeal shall
<br />lie to the Board of Appeals.
<br />(4) It is the intention of this section that all questions aris-
<br />ing in connection with the enforcement of the section shall be
<br />presented first to the Building Inspector; that such questions
<br />shall be presented to the Board of Appeals only on appeal from
<br />the Building Inspector; and that from the decision of the Board
<br />of Appeals recourse shall be had to the courts, as provided by
<br />law. It is further the intention of the section that the duties of
<br />the City Council in connection with the ordinance shall not in-
<br />clude the hearing and passing upon disputed questions that may
<br />arise in connection with the enforcement thereof, but that the
<br />procedure for determining such questions shall be as hereinbe-
<br />fore set out in this section; and that the duties of the Council in
<br />connection with this section shall be only the duty of considering
<br />and passing upon any proposed amendment or repeal of this sec-
<br />tion as provided by law.
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<br />Sec. 495(20). Violations and penalties.
<br />Any person, firm, or corporation who violates any of the pro-
<br />visions of this section, shall, upon conviction, be fined not less
<br />than ten ($10.00) dollars, nor more than two hundred ($200.00)
<br />dollars, for each offense, and each day such violation continues
<br />shall constitute a separate offense. The Court, may, after due
<br />notice, order conformity with the provisions of this section.
<br />Sec. 495(21). Effect of invalidity of one subsection.
<br />Should any subsection or provision of this section be decided
<br />by the Courts to be unconstitutional or invalid, such decision shall
<br />not effect the validity of the section as a whole or any part there-
<br />of other than the part so decided to be unconstitutional or invalid.
<br />Sec. 495(22). Board of zoning appeals.
<br />(a) A Board of Zoning Appeals is hereby established. It
<br />shall consist of five (5) members to be appointed and exercise
<br />such powers as provided by the laws of the State of Virginia.
<br />(b) All petitions provided for in subsection 23(a) of this
<br />section shall be in writing, signed by at least a majority of both
<br />the property owners and residents who are within the area in
<br />which the proposed change is requested. Said petition shall
<br />specify the reasons for the proposed change, the change desired
<br />in terms of districts, the names and addresses, as far as practi-
<br />cable, of all property owners and residents within the area in which
<br />the proposed change is requested, and shall specify clearly by
<br />metes and bounds, or by courses and distances, or by plat and
<br />survey attached thereto, the boundaries of the proposed area in
<br />which the change is requested. Said petition, together with a
<br />copy thereof, shall be presented to the Clerk of the Council, and
<br />at the first succeeding meeting of the Council it shall be pre-
<br />sented to the Council for consideration, whereupon if the Coun-
<br />cil deem it advisable, they shall name a Committee from their
<br />own number, who shall investigate the advisability of having a
<br />public hearing on the proposed change, and shall report their
<br />findings at the next meeting of said Council. Upon said Coun--
<br />cil's approval of a favorable report by said Committee, notice of
<br />the proposed change shall be published in the newspaper at least
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