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• 22 CITY OF CHARLOTTESVILLE
<br />Sec. 17. Secondary detached dwellings.
<br />(1) All secondary detached dwellings, such as servants
<br />quarters, guest houses, or other living quarters permitted
<br />by this section shall be placed in rear yards only.
<br />The aggregate ground area covered by secondary de-
<br />tached dwellings, including accessory buildings, and the
<br />ground area covered by any projections or encroachments
<br />hereinbefore permitted, shall not exceed thirty per cent of
<br />the rear yard area in A residence and forty per cent in A-1
<br />districts. In A -B, B, B-1, B-2 business and C industrial
<br />districts, where a ground level rear yard is required, the
<br />aggregate ground area coverage shall not exceed fifty per
<br />cent of the rear yard area.
<br />(2) No secondary detached dwelling unit or building
<br />containing a dwelling unit in any A or A-1 residence dis-
<br />trict or A -B or B business district which is within fifteen
<br />feet of any party lot line or alley shall be more than one
<br />story high. No secondary detached dwelling in A, A-1, A -B,
<br />or B districts shall exceed two stories in height. No
<br />sec-
<br />ondary detached dwelling in A or A-1 residence district or
<br />A -B or B business district shall be nearer than ten feet of
<br />any party lot line or alley.
<br />(3) Within the limitations hereinbefore recited in this
<br />section, any secondary detached dwelling on a corner lot
<br />in A or A-1 districts shall be distant as far as possible from
<br />all street lines; but when the rear of any corner lot abuts
<br />any lot facing on any street which is a side street with
<br />`0 reference to said corner lot, any secondary detached dwell -
<br />Ln
<br />N ing on the corner lot shall not be built nearer to the said
<br />side street than the side line required by this ordinance for
<br />the district in question.
<br />(4) No secondary detached dwelling unit shall be erected
<br />nearer than twenty feet from the main dwelling on said lot
<br />or nearer than ten feet of any secondary accessory building
<br />on said lot. If no main dwelling exists on said lot, a plot
<br />plan of said lot shall be filed with the City of Charlottesville
<br />ZONING 23
<br />at time of application for permit, which plot plan shall fix
<br />the size and location of a future main dwelling and its rela-
<br />tive location with respect to the proposed secondary de-
<br />tached dwelling unit; and such plat shall be binding as to
<br />future construction on said lot within the limits of the re-
<br />quirements set forth herein.
<br />Sec. 18. Interpretation and purposes.
<br />In their interpretation and application, the provisions of
<br />this chapter shall be held to be minimum requirements
<br />adopted for the promotion of health, safety, morals, com-
<br />fort, prosperity and general welfare of the public. It is
<br />not intended by this chapter to repeal, abrogate, annul or
<br />in any way to impair or interfere with any existing pro-
<br />vision of law or ordinance, or any rules, regulations or per-
<br />mits previously adopted or issued or which shall be adopted
<br />or issued pursuant to law relating to the use or construction
<br />• of buildings or premises; provided, however, that where this
<br />chapter imposes a greater restriction upon the use of build-
<br />ings or premises, or upon heights of buildings, or requires
<br />larger yards, courts or other open spaces than is imposed or
<br />required by such existing provisions of law or ordinance or
<br />by such rules, regulations or permits, the provisions of this
<br />chapter shall control. ( Code 1932, § 495 (16) ; Ord. March
<br />29, 1939.)
<br />Sec. 19. General regulations.
<br />Except as hereinafter provided for existing non -con-
<br />forming uses in section 19, no building, structure or prem-
<br />ises shall be used and no building, or part thereof, or other
<br />structure shall be erected, reconstructed, enlarged or altered
<br />except in conformity with the regulations prescribed by this
<br />chapter; except that nothing in this chapter shall affect the
<br />height, setback building line, yards or courts of any build-
<br />ing or lot as such exists at the time of the passage of this
<br />chapter. ( Code 1932, § 495 (17) ; Ord. March 29, 1939.)
<br />Sec. 20. Existing non -conforming uses.
<br />(1) If, at the time of the enactment of this chapter, or
<br />0
<br />24 CITY OF CHARLOTTESVILLE
<br />any amendment thereof, any lot, building or structure is
<br />being used in a character or manner or for a purpose which
<br />does not conform to the provisions of this chapter or such
<br />amendment, and which is not prohibited by some other sec-
<br />tion, such character or manner of use or purpose may be
<br />continued, and no change of title or possession or right to
<br />possession of any such lot, building or structure shall be
<br />construed to prevent the continued non -conforming use of
<br />such lot, building or structure as hereinbefore provided.
<br />Any such non -conforming use which is not otherwise un-
<br />lawful may be hereafter extended throughout any part of
<br />a building or structure which was manifestly arranged or
<br />designed for such use at the time of enactment of this
<br />chapter.
<br />(2) No building, structure or premises in which a non-
<br />conforming use is abandoned for a period exceeding one
<br />year or is superseded by a permitted use, subsequent to the
<br />enactment of this chapter, shall again be devoted to pro-
<br />hibited use.
<br />(3) Any non -conforming building or structure which
<br />is hereafter damaged to an extent exceeding fifty per cent
<br />of its then reproduction value exclusive of foundations, by
<br />fire, flood, earthquake, explosion, war, riot, storm or so-
<br />called act of God, may not be restored, reponstructed and
<br />used for any other than a purpose permitted under the
<br />provisions of this chapter governing the district in which
<br />the building or structure is located.
<br />(4) Nothing in this chapter shall prevent the strength-
<br />ening or restoration to a safe or lawful condition of any part
<br />of a building or structure declared unsafe or unlawful
<br />by the building inspector, the chief of the fire department,
<br />or any other duly authorized city official.
<br />(5) The occupancy of a building or premises by a watch-
<br />man or caretaker for sleeping quarters shall not constitute
<br />residence occupancy within the meaning of this chapter.
<br />( Code 1932, § 495 (18) ; Ord. March 29, 1939.)
<br />ZONING 25
<br />Sec. 21. Enforcement.
<br />(1) This chapter shall be enforced by the building in-
<br />spector, who shall in no case grant any permit for the con-
<br />struction or alteration of any building if the building as
<br />proposed to be constructed or altered would be in violation
<br />of any of the provisions of this chapter, or is to be located
<br />in any subdivision, the plot of which has not been approved
<br />by the City Planning Commission as set forth in Chapter
<br />8, section 6 of this Code. All applications for building per-
<br />mits shall be accompanied by plans in duplicate, drawn to
<br />scale, showing the actual shape and dimensions of the lot
<br />to be built upon, the exact sizes and locations on the lot of
<br />the buildings and accessory buildings then existing, and the
<br />lines within which the proposed building or structure shall
<br />be erected or altered, the existing and intended use of each
<br />building, or part of a building, the number of families or
<br />housekeeping units the building is designed to accommo-
<br />date, and such other information with regard to the lot and
<br />neighboring lots as may be necessary to determine and pro-
<br />vide for the enforcement of this chapter. One copy of such
<br />plans, approved and certified by the building inspector, shall
<br />be returned to the owner.
<br />(2) It shall be unlawful to use or permit the use of any
<br />building or premises, or part thereof, hereafter created,
<br />erected, changed, converted, altered or enlarged, wholly or
<br />partly, in its use or structure, until a certificate of occu-
<br />pancy shall have been issued therefor by the building in-
<br />spector. Such certificate shall show that such building or
<br />premises, or part thereof, and the proposed use thereof are
<br />in conformity with the provisions of this chapter.
<br />(3) Any persons who propose to construct or alter any
<br />building or to make some use of a lot, building or structure
<br />of any kind which proposed construction, alteration or use
<br />is apparently in conflict with the provisions of this chapter
<br />shall file with the building inspector his application there-
<br />for, which application shall furnish such information to the
<br />building inspector as may be necessary to enable him to pass
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