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<br />THE PUBLIC CONVENIENCE OR WELFARE.
<br />(D) PERMIT THE OCCUPANCY OF ANY SINGLE DETACHED RESIDENCE IN AN R-1 OR R-2 RESIDENTIAL DISTRICT
<br />BY MORE THAN TWO HOUSEKEEPING UNITS, PROVIDED: •
<br />(1) THAT SUCH RESIDENCE SHALL HAVE BEEN IN EXISTENCE ON JANUARY 21, 1932.
<br />(2) THAT SUCH MULTIPLE OCCUPANCY SHALL NOT BE DEEMED TO ALTER THE CHARACTER OF THE NEIGHBORHOOD
<br />IN WHICH SUCH RESIDENCE IS LOCATED.
<br />(3) THAT THE OUTSIDE SHAPE OF THE RESIDENCE SHALL NOT BE ALTERED IN ANY MATERIAL PARTICULAR.
<br />ANY PRIVILEGE OR VARIANCE GRANTED BY THE BOARD OF ZONING APPEALS UNDER PARAGRAPH (3) OF THIS
<br />SECTION SHALL BE CONSIDERED CANCELLED IF THE APPLICANT DOES NOT AVAIL HIMSELF OF SUCH PRIVILEGE
<br />WITHIN NINETY (90) DAYS FROM THE DATE OF THE ISSUANCE OF SUCH PRIVILEGE, PROVIDED HOWEVER, THAT THE
<br />BOARD FOR GOOD CAUSE SHOWN, MAY UPON PROPER APPLICATION AND AFTER DUE NOTICE EXTEND SUCH PRIVILEGE
<br />OR VARIANCE FOR A PERIOD NOT TO EXCEED NINETY (90) ADDITIONAL DAYS.
<br />IN EXERCISING THE ABOVE MENTIONED POWERS THE BOARD MAY, IN CONFORMITY WITH THE PROVISIONS OF THIS
<br />ORDINANCE, REVERSE OR AFFIRM, WHOLLY OR -PARTLY, OR MAY MODIFY THE ORDER, REQUIREMENT, DECISION OR
<br />DETERMINATION APPEALED FROM AND MAY MAKE SUCH ORDER, REQUIREMENT, DECISION OR DETERMINATION AS OUGHT TO
<br />BE MADE AND TO THAT END SHALL HAVE ALL THE POWERS OF THE BUILDING OFFICIAL. THE CONCURRING'VOTE OF
<br />THREE MEMBERS OF THE BOARD SHALL BE NECESSARY TO REVERSE ANY OP.DER, REQUIREMENT, DECISION OR DETERMINATION
<br />OF THE BUILDING OFFICIAL, OR TO DECIDE IN FAVOR OF THE APPLICANT ON ANY MATTER. UPON WHICH IT IS REQUIRED
<br />TO PASS UNDER THIS ORDINANCE, OR TO EFFECT ANY VARIATION OF THIS ORDINANCE.
<br />SECTION 33-68., REVIEW BY COURT OF RECORD:
<br />1. ANY PERSON, OR PERSONS, JOINTLY OR SEVERALLY AGGRIEVED BY ANY DECISION OF THE BOARD OF ZONING •
<br />APPEALS OR ANY TAXPAYER, OR ANY OFFICER, DEPARTMENT, BOARD OR BUREAU OF THE MUNICIPALITY, MAY PRESENT TO
<br />THE CORPORATION COURT OF THE CITY OF CHARLOTTESVILLE A PETITION, DULY VERIFIED, SETTING FORTH THAT SUCH
<br />A DECISION IS ILLEGAL, IN WHOLE OR IN PART, SPECIFYING THE GROUNDS OF THE ILLEGALITY. SUCH PETITION
<br />SHALL BE PRESENTED TO THE COURT WITHIN THIRTY (30) DAYS AFTER THE FILING OF THE DECISION IN THE OFF4CE
<br />OF THE BOARD.
<br />2. UPON THE PRESENTATION OF SUCH PETITION, THE COURT MAY ALLOW A WRIT OF CERTIORARI DIRECTED TO
<br />THE BOARD OF ZONING APPEALS TO REVIEW SUCH DECISIONS OF THE BOARD OF ZONING APPEALS AND SHALL PRESCRIBE
<br />THEREIN THE TIME WITHIN WHICH A RETURN THERETO MUST BE MADE AND SERVED UPON THE RELATORS ATTORNEY, WHICH
<br />SHALL NOT BE LESS THAN TEN (10) DAYS AND MAY BE EXTENDED BY THE COURT. THE ALLOWANCE OF THE WRIT SHALL
<br />NOT STAY PROCEEDING UPON THE DECISION APPEALED FROM, BUT THE COURT MAY, ON APPLICATION, ON NOTICE TO
<br />THE BOARD AND ON DUE CAUSE SHOWN, GRANT A RESTRAINING ORDER.
<br />�. THE BOARD OF ZONING APPEALS SHALL NOT BE REQUIRED TO RETURN THE ORIGINAL PAPERS ACTED UPON BY
<br />IT, BUT I� SHALL BE SUFFICIENT TO RETURN CERTIFIED OR SWORN COPIES THEREOF, OR OF SUCH PORTIONS THEREOF
<br />AS MAY BE CALLED FOR BY SUCH WRIT. THE RETURN SHALL CONCISELY SET FORTH SUCH OTHER FACTS AS MAY BE
<br />PERTINENT AND MATERIAL TO SHOW THE GROUNDS OF THE DECISION APPEALED FROM AND SHALL BE VERIFIED.
<br />4. IF, UPON THE HEARING, IT SHALL APPEAR TO THE COURT THAT TESTIMONY IS NECESSARY FOR THE PROPER
<br />DISPOSITION OF THE MATTER, IT MAY TAKE EVIDENCE OR APPOINT A COMMISSIONER TO TAKE SUCH EVIDENCE AS IT
<br />MAY DIRECT AND REPORT THE SAME TO THE COURT WITH HIS FINDINGS OF FACT AND CONCLUSIONS OF LAW, WHICH
<br />SHALL CONSTITUTE A PART OF THE PROCEEDINGS UPON WHICH THE DETERMINATION OF THE COURT SHALL BE MADE. THE
<br />COURT MAY REVERSE OR, AFFIRM, WHOLLY OR PARTLY, OR MAY MODIFY THE DECISION BROUGHT UP -FOR REVIEW.
<br />.5. COSTS SHALL NOT BE ALLOWED AGAINST THE BOARD, UNLESS IT SHALL APPEAR TO THE COURT THAT IT
<br />ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH OR WITH MALICE IN MAKING THE DECISION APPEALED FROM.
<br />6. ALL ISSUES IN ANY PROCEEDING UNDER THIS SECTION SHALL HAVE PREFERENCE OVER ALL OTHER CIVIL
<br />ACTIONS AND PROCEEDINGS.
<br />ARTICLE XVII. ADMINISTRATION.
<br />SECTION 33-69. ENFORCEMENT:
<br />1. IT SHALL BE THE DUTY OF THE BUILDING OFFICIAL TO ENFORCE THIS CHAPTER. THE BUILDING OFFICIAL
<br />SHALL RECEIVE APPLICATIONS REQUIRED BY THIS CHAPTER AND, WHERE APPROPRIATE, ISSUE PERMITS AND FURNISH
<br />THE PRESCRIBED CERTIFICATES. HE SHALL EXAMINE PREMISES FOS' WHICH PERMITS HAVE BEEN ISSUED, AND SHALL
<br />MAKE NECESSARY INSPECTIONS TO SEE THAT THE PROVISIONS OF THIS CHAPTER ARE COMPLIED WITH. HE SHALL,
<br />WHEN REQUESTED BY THE CITY MANAGER, OR WHEN THE INTEREST OF THE MUNICIPALITY SO REQUIRE, MAKE INVEST!-
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<br />GATIONS IN CONNECTION WITH THE MATTERS REFERRED TO IN THIS CHAPTER AND RENDER WRITTEN REPORTS ON THE
<br />SAME. FOR THE PURPOSE OF ENFORCING COMPLIANCE WITH LAW, HE SHALL ISSUE SUCH NOTICES OR ORDERS AS
<br />MAY BE NECESSARY.
<br />2. INSPECTIONS SHALL BE MADE BY THE BUILDING OFFICIAL OR A DULY APPOINTED ASSISTANT.
<br />3. FOR CARRYING INTO EFFECT ITS PROVISIONS, THE BUILDING OFFICIAL MAY ADOPT PROCEDURES CONSISTENT
<br />WITH THIS ORDINANCE.
<br />SECTION 33-70. RECORDS:
<br />1. THE BUILDING OFFICIAL SHALL KEEP CAREFUL AND COMPREHENSIVE RECORDS OF APPLICATIONS, OR PERMITS
<br />ISSUED, OF CERTIFICATES ISSUED, OF INSPECTIONS MADE, OF REPORTS RENDERED AND OF NOTICES ISSUED. HE
<br />SHALL RETAIN ON FILE COPIES OF ALL PAPERS IN CONNECTION WITH BUILDING WORK SO LONG AS ANY PART OF THE
<br />BUILDING OR STRUCTURE TO WHICH THEY RELATE MAY BE IN EXISTENCE.
<br />2. .ALL SUCH RECORDS SHALL BE OPEN TO PUBLIC INSPECTION AT REASONABLE HOURS, BUT SHALL NOT BE
<br />REMOVED FROM THE OFFICE OF THE BUILDING OFFICIAL.
<br />3. THE BUILDING OFFICIAL SHALL MAKE A REPORT TO THE CITY MANAGER, ONCE EACH MONTH, OR OFTENER IF
<br />REQUESTED, INCLUDING STATEMENTS OF PERMITS AND CERTIFICATES ISSUED, AND ORDERS PROMULGATED.
<br />4. THE BUILDING OFFICIAL MAY REQUEST AND SHALL RECEIVE SO FAR AS MAY BE NECESSARY IN THE DIS-
<br />CHARGE OF HIS DUTIES, THE ASSISTANCE AND COOPERATION OF THE CHIEF OF POLICE IN ENFORCING ORDERS, OF •
<br />THE CITY ATTORNEY IN PROSECUTING VIOLATIONS AND OF OTHER CITY_ OFFICIALS.
<br />SECTION 33-71. PERMITS:
<br />1. IT SHALL BE UNLAWFUL TO CONSTRUCT, ALTER, REPAIR, REMOVE OR DEMOLISH OR TO COMMENCE THE
<br />CONSTRUCTION, ALTERATION, REMOVAL OR DEMOLITION OF A BUILbIN'G OR STRUCTURE, WITHOUT FIRST FILING WITH
<br />
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