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<br />(2) It shall be unlawful to use or permit the use bf any building or
<br />premises or part thereof, hereafter created, erected, changed, converted, altered
<br />or enlarged, wholly or partly, in its use or structure, until a Certificate of
<br />Occupancy shall have been issued therefor by the Building Inspector. Such
<br />Certificate shall show that such building or premises or part thereof and the pro-
<br />posed use thereof are in conformity with the provisions of this section.
<br />(3) Any persons who propose to construct or alter any buidling or to make
<br />use of a lot, building or structure of any Kind which proposed construction, altera-
<br />tion or use is apparently in conflict with the provisions of this section shall file
<br />with the Building Inspector his applicat_on therefor, which application shall furnish
<br />such information to the Building Inspector as may be necessary to enable him to pass
<br />on such application intelligently. If such proposed structure, alteration or use is
<br />in conflict with the provisions of this section, the Building Inspector shall refuse
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<br />a permit for such construction, alteration or use, and from such decision of the
<br />Building Inspector an appeal shall lie to the Board of Zoninb Appeals,
<br />(4) It is the intention of this section that all questions arising in connection
<br />with the enforcanent of the section shall be presented first to the Building Inspector;
<br />that such questions shall be presented to the Board of Zoning Appeals only on appeal
<br />from the Building Inspector; and that from the decision of the Board of Zoning Appeals
<br />recourse shall be had to the courts, as provided by law. It is further the intention
<br />of the section that the duties of the City Council in connection with the ordinance
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<br />shall not include the hearing and passing upon disputed questions that may arise in
<br />connection with the enforcement thereof, but that the procedure for determining such
<br />questions shall be as hereinbefore set out in this section; and that the duties of
<br />the Council in connection with this section shall be only the duty of considering and
<br />passing upon any proposed amendment or repeal of this section as provided by law.
<br />SEC. 495 (20) VIOLATIONS AND PENALTIES.
<br />Any person, firm, or corporation 'ahc violates any of the provisions of this
<br />section, shall, upon conviction, be fined not less than ten ($10.00) dollars, nor
<br />more than two hundred ($200.00) dollars, for each offense, and each day such vio-
<br />lation continues 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 by the Courts to
<br />be unconstitutional or invalid, such decision shall not affect the validity of the
<br />section as a whole or any part thereof other than the part so decided to be uncon-
<br />stitutional or invlaid.
<br />SEC. 495 (22) BOARD OF ZONING APPEALS.
<br />(a) A BoLrd of Zoning Appeals is hereby established. It shall consist of five
<br />(5) members to be appointed and exercise such powers as provided by the laws of the
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<br />State of Virginia.
<br />(b) Costs and Pay of Board.- In addition to the requirements of the State Law
<br />rel�:tive to an appeal from a decision of the Building Inspector to the Board of
<br />Zoning Appeals, every such appellant, before delivering a Notice of Appeals to said
<br />Board, shall deposit the sum of $10.00 as costs with the City Collector, who shall
<br />note on said Notice th«t the deposit required has been paid.
<br />Should the decision of the Building Inspector on Appeal be sustained by said
<br />Board, said deposit shall be paid into the City Treasury, but should the decision
<br />of said Inspector be reversed, in whole or in part, said deposit shall be returned
<br />to said appellant.
<br />Each member of the Board of Zoning Appeals shall be allowed a fee of X2.00 for
<br />each appeal considered and heard by such member, which shall be paid by the City
<br />Treasurer upon presentation of proper voucher, after being approved by the City
<br />Auditor.
<br />SEC. 495 (23) U4END"'ENT.
<br />(a) The City Council may from time to time on its own motion or on petition,
<br />after public notice and hearing, amend, supplement, or change the regulations and
<br />districts herein established. Every such proposed amendment, supplement or change
<br />shall be referred ty the Council to the Board of Zoning Appeals for report before
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<br />the above public hearing.
<br />(b) Ali petitions provided for in subsection 23(a) of this section shall be
<br />in writing, signed by at least a majority of both the property owners and residents
<br />who are within the area in which the proposed change is requested. Said petition
<br />shall specify the reasons for the proposed change, the change desired in terms of
<br />districts, the names and addresses, as far as practicable, of all property owners
<br />and residents within the area in which the proposed change is requested, and shall
<br />specify clearly by metes and bounds, or by courses and distances, or by plat and
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<br />survey attached thereto, the boundaries of the proposed area in which the change
<br />is requested. Said petition, together With a copy thereof, shall be presented to the
<br />Clerk of the Council, and at the first succeedine meeting of the Council it shall
<br />be presented to the Council for consideration, whereupon if the Council deem it
<br />advisable, they shall name a Committee from their oven number, who shall investigate
<br />the advisability of having a public hearing on the proposed change, and shall report
<br />their findinus at the next meetingof said Council. Upon said Council's approval of
<br />a favorable report by said Committee, notice of the proposed change shall be publish-
<br />ed in the newspaper at least fifteen days prior to the hearing date, which notice
<br />shall state the time and place for the holding of a public hearing, on the proposed
<br />change, the boundaries of the area which will be affected, and the change proposed
<br />in terms of districts.
<br />Whenever the Council shall order that notice of a public hearing shall be given
<br />as hereinbefore provided, it.shall at the same time refer a copy of the petition to
<br />the Board of Zoning Appeals for retort as to the proposed change.
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