The code of the city of Charlottesville, Virginia, 1965 : the charter and the general ordinances of the city |
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 | The code of the city of Charlottesville, Virginia, 1965 : |  |
II. APPENDIX II.
Zoning Regulations.[1]
Editor's Note.—The zoning ordinance of the city, as amended, is set
out in this appendix without any change in the text other than causing
the capitalization to conform to the style employed elsewhere in this
volume. Amendments are indicated by the historical citations following
each section. Some section and subsection headings, or catchlines,
have been supplied or changed where necessary. The zoning ordinance
was adopted on February 17, 1958, and originally consisted of §§ 33-1
to 33-80, as indicated in the historical citations following the sections.
To avoid confusion with sections of the City Code itself, especially in
the index and in cross references, the sections have been renumbered 1
to 80 in this appendix.
Article I. Purpose.
§ 1. Statement of purpose.
Article II. Definitions.
§ 2. Terms and words defined.
Article III. Districts Generally.
§ 3. Division of city into districts; enumeration.
§ 4. District map.
§ 5. Annexed territory.
§ 6. Vacation of street, alley, etc.
§ 7. Use, height, area, yards, etc., generally.
Article IV. R-1 Residential Districts.
§ 8. Regulations generally.
§ 9. Use regulations.
§ 10. Height regulations.
§ 11. Area regulations.
Article V. R-2 Residential Districts.
§ 12. Regulations generally.
§ 13. Use regulations.
§ 14. Height regulations.
§ 15. Area regulations.
Article VI. R-3 Multiple-Dwelling Districts.
§ 16. Regulations generally.
§ 17. Use regulations.
§ 18. Height regulations.
§ 19. Area regulations.
Article VII. B Office-Shop Districts.
§ 20. Regulations generally.
§ 21. Use regulations.
§ 22. Height regulations.
§ 23. Area regulations.
Article VIII. B-1 Business Districts.
§ 24. Regulations generally.
§ 25. Use regulations.
§ 26. Height regulations.
§ 27. Area regulations.
Article IX. B-2 Business Districts.
§ 28. Regulations generally.
§ 29. Use regulations.
§ 30. Height regulations.
§ 31. Area regulations.
Article X. B-3 Business Districts.
§ 32. Regulations generally.
§ 33. Use regulations.
§ 34. Height regulations.
§ 35. Area regulations.
Article X-A. B-4 Business Districts.
§ 35A. Regulations generally.
§ 35B. Use regulations.
§ 35C. Height regulations.
§ 35D. Area regulations.
Article X-B. Permitted Higher Density with Special Permit.
§ 35E. Applicability.
§ 35F. Purpose and intent.
§ 35G. Specific standards to apply only to units over and above those allowed in
given zone.
§ 35H. Procedures.
§ 35I. Violations.
Article XI. M-1 Restricted Industrial Districts.
§ 36. Regulations generally.
§ 37. Use regulations.
§ 38. Height regulations.
§ 39. Area regulations.
Article XII. M-2 Industrial Districts.
§ 40. Regulations generally.
§ 41. Use regulations.
§ 42. Height regulations.
§ 43. Area regulations.
Article XII-A. Flood Plain Districts.
§ 43A. Regulations generally; amendment of zoning map; purposes.
§ 43B. Definitions.
§ 43C. Use regulations.
§ 43D. Uses permitted subject to site plan review.
§ 43E. Discontinuance of uses.
§ 43F. Documents to be available for public inspection.
§ 43G. Warning and disclaimer of liability.
§ 43H. Appeals.
Article XIII. Exceptions and Modifications.
§ 44. Height of chimneys, church steeples, towers, etc.
§ 45. Accessory buildings—Generally.
§ 46. Same—Time of construction; use as dwelling.
§ 47. Yards to be unobstructed.
§ 48. Occupancy of basement or cellar.
§ 49. Permitted projections into rear yard.
§ 50. Permitted projections into front yard.
§ 51. Other permitted projections.
§ 52. Two or more main buildings on one lot or tract.
§ 53. Side yards for dwelling units above commercial buildings.
§ 54. Width of side yards between commercial structures.
§ 55. Front yard adjustments.
Article XIV. Building Lines.
§ 56. Building setback line on certain streets.
Article XV. Nonconforming Uses.
§ 57. Repealed.
§ 58. Continuance of nonconforming use of building.
§ 59. Restoration or completion of damaged or incomplete nonconforming
buildings.
§ 60. Temporary discontinuance of nonconforming use.
§ 61. Enlargement, etc., of nonconforming building or premises.
Article XVI. Board of Zoning Appeals.
§ 62. Composition; appointment and removal; terms; vacancies; officers; quorum.
§ 63. Rules; meetings; records.
§ 64. By whom and how appeals taken; fee.
§ 65. Stay of proceedings.
§ 66. Hearing of appeal.
§ 67. Powers of board generally; variances and exceptions.
§ 68. Judicial review of decisions of board.
Article XVII. Administration.
§ 69. Duties of building official generally.
§ 70. Records of building official; reports; assistance from other officials.
§ 71. Permits.
§ 72. Certificates of occupancy.
§ 72A. Site plan review.
Article XVIII. Interpretation, Purpose and Conflict.
§ 73. Minimum requirements; effect on other ordinances, etc.
Article XIX. Amendments and Changes.
§ 74. Power of council generally.
§ 75. Initiation of change.
§ 76. Procedure.
Article XX. Violations.
§ 77. Penalty; order to conform.
Article XXI. Validity.
§ 78. Severability.
Article XXII. Conflicting Provisions Repealed.
§ 79. Repeal of conflicting ordinances.
Article XXIII. Effective Date.
§ 80. When ordinance and map effective.
Article I. Purpose.
Sec. 1. Statement of purpose.
The purpose of this ordinance[2]
is to lessen congestion in the
streets, to secure safety from fire, panic and other dangers, to
promote health, sanitation and the general welfare, to provide
adequate light and air, to prevent the overcrowding of land, to
avoid undue concentration of population, to facilitate the
adequate provision of public and private transportation, public
utility services, sewage disposal, schools, parks, playgrounds
and other public improvements and requirements in the City of
Charlottesville. (2-17-58, § 33-1.)
Article II. Definitions.
Sec. 2. Terms and words defined.
For the purpose of this chapter,[3]
certain terms and words are
hereby defined. Words used in the present tense shall include the
future; the singular number shall include the plural, and the
plural the singular; the word "building" shall include the word
"structure"; the word "lot" shall include the word "plot"; and
the word "shall" is mandatory and not directory.
1. Accessory building. A building or use subordinate to the
main building or use on the same lot and serving a purpose
naturally and normally incidental to said main building or use,
provided any such subordinate building is erected at the same
time or after the construction of the main building. Where an
accessory building is attached to the main building in a
substantial manner by a wall or roof, it shall be considered part
of the main building.
2. Alley. A thoroughfare which affords only a secondary means
of access to abutting property.
3. Apartment house. See "Dwelling, multiple."
4. Auditorium. A building or part of a building used as a place
of assembly for an audience.
5. Basement. A story having part but not more than one half of
its height below grade. A basement is counted as a story for the
purpose of height regulations if subdivided and used for business
or dwelling purposes by others than janitorial or household
personnel employed on the premises.
6. Boardinghouse. A building other than a hotel, where for
compensation and by prearrangement for definite periods, meals
or lodging and meals are provided for three (3) or more persons; a
boardinghouse shall not be deemed a home occupation.
7. Building. Any structure for the shelter, support or enclosure
of persons, animals or property.
8. Building, height of. The vertical distance from the grade to
the highest point of the coping of a flat roof or to the deck line of a
mansard roof, or to the average height of the highest gable of a
pitch or hip roof.
9. Cellar. A story having more than one half its height below
grade.
10. Clinic. An establishment where patients, who are not
lodged overnight, are admitted for examination and treatment by
a group of physicians or dentists practicing medicine or dentistry
together.
11. Club. A building or portion thereof or premises owned or
operated by a corporation, association, person or persons for a
social, educational or recreational purpose, but not primarily for
profit or to render a service which is customarily carried on as a
business.
12. District. Any section of the City of Charlottesville for which
the regulations governing the use of buildings and premises, or
the height and area of buildings are uniform.
13. Dwelling. Any building or portion thereof which is designed
or used exclusively for residential purposes.
14. Dwelling district or residential district. Any R-1, R-2 or R3
zoning district.
15. Dwelling, single-family, detached and attached.
(a) Single-family detached dwelling. A building designed for
occupancy by one family which has no connection by a common
party wall to another building or structure similarly designed.
(b) Single-family attached dwelling. A building or portion
thereof, designed for ownership and occupancy by one family
which is connected on one side only to another structure similarly
designed by a common party wall constructed to meet minimum
fire wall specifications set forth in article VI, section 19 of the
zoning ordinance (regulations pertaining to town houses).
16. Dwelling, two-family. A building designed for occupancy
by two families.
17. Dwelling, multiple. A building or portion thereof designed
for occupancy by three or more families.
18. Family. One or more persons occupying a dwelling and
living as a single housekeeping unit as distinguished from a
group occupying a boardinghouse, lodginghouse, fraternity or
sorority house, club or hotel as herein defined.
19. Filling station. Any building, structure, or land used
for the dispensing, sale or offering for sale at retail of any
automobile fuels, oils, accessories or lubrication of automobiles
and replacement or installation of minor parts and accessories,
but not including major repair work, such as motor
replacement, body and fender repair or spray painting.
20. Frontage. All the property on one side of a street
between two intersecting streets (crossing or terminating),
measured along the line of the street, or if the street is dead-ended,
then all of the property abutting on one side between
an intersecting street and the dead end of the street.
21. Funeral home. A building used for the preparation of
a corpse for burial or for cremation (cremation not permitted)
which may also be used for funeral services.
22. Garage, private. An accessory building designed or
used for the storage only of not more than four motor-driven
vehicles owned and used by the occupants of the building to
which it is accessory.
23. Garage, public. A building or portion thereof, other
than a private or storage garage, designed or used for equipping,
servicing, repairing, hiring, selling or storing motor-driven
vehicles.
24. Garage, storage or parking. A building or portion
thereof designed or used exclusively for storage of motor-driven
vehicles, and within which motor fuels and oils may
be sold, but no motor-driven vehicles are equipped, repaired,
hired or sold.
25. Grade.
(a) For buildings having walls adjoining one street only,
the elevation of the sidewalk at the center of the wall adjoining
the street.
(b) For buildings having walls adjoining more than one
street, the average of the elevation of the sidewalk at the centers
of all walls adjoining the streets.
(c) For buildings having no walls adjoining the street,
the average level of the finished surface of the ground adjacent
to the exterior walls of the buildings.
Any wall approximately parallel to and not more than fifteen
(15) feet from a street line is to be considered as adjoining
the street. Where sidewalks do not exist, the grade
shall be as established by the office of the city engineer.
26. Home occupation. Any occupation or activity which is
clearly incidental and secondary to use of the premises for
dwelling and which is carried on wholly within a main building
or accessory building by a member of a family, residing
on the premises, in connection with which there is no group
instruction, no advertising other than an identification sign
of not more than one square foot in area, and no other display
or storage of materials or exterior indication of the home
occupation or variation from the residential character of the
main building or accessory building; there is no commodity
sold upon the premises; no person is employed for these purposes
other than a member of the immediate family residing
on the premises; no mechanical equipment is used except that
which is normally used for purely domestic or household purposes;
no exterior lighting is used except that which is normally
used in connection with a dwelling; and, that not over
one fourth of the building area shall be used for such purposes.
In particular, a home occupation includes, but is not
limited to the following:
(a) Art studio.
(b) Dressmaking.
(c) Teaching, with musical instructions limited to a
single pupil during an instruction period.
However, a home occupation shall not be interpreted to include
barbershops, beauty parlors, convalescent and nursing
homes, tourist homes and restaurants.
27. Hotel. A building in which lodging or boarding and
lodging are provided and offered to the public for compensation,
and in which ingress and egress to and from all rooms
are made through an inside lobby or office supervised by a
person in charge at all hours. A hotel is open to the public
in contradistinction to a boardinghouse, a rooming house, or
an apartment, which are herein separately defined.
28. Institution. A nonprofit corporation or a nonprofit
establishment for public benefit.
29. Loading space. A space within the main building or
on the same lot therewith, providing for the standing, loading
or unloading of trucks, and having a minimum dimension
of 12 × 35 feet, and a vertical clearance of at least fourteen
(14) feet.
30. Lot. A parcel of land occupied or intended for occupancy
by a use permitted in this ordinance,[4]
including one
main building together with its accessory buildings, and the
yards and parking spaces required herein, and having its
principal frontage upon a street or upon an officially approved
place.
31. Lot, corner. A lot abutting upon two or more streets
at their intersection.
32. Lot, depth of. The mean horizontal distance between
the front and rear lot line.
33. Lot, double frontage. A lot having a frontage on two
nonintersecting streets as distinguished from a corner lot.
34. Lot of record. A lot which is part of a subdivision, the
map of which has been recorded in the office of the clerk of
the court where deeds are admitted to record, or a lot describd
by metes and bounds, the description of which has
been recorded in the office of the clerk of the court where
deeds are admitted to record.
35. Lot width. The mean horizontal distance measured at
right angles to the depth.
36. Motel or motor court-tourist court. A building or group
of buildings used for the temporary residence of motorists or
travelers.
37. Nonconforming use. Any building or land lawfully occupied
by a use at the time of passage of this ordinance or
amendment thereto which does not conform after the passage
of this ordinance or amendment thereto with the use regulations
of the district in which it is situated.
38. Nursing home. A home for the aged, chronically ill or
incurable persons in which three or more persons not of the
immediate family are received, kept or provided with food and
shelter or care for compensation; but not including hospitals,
clinics or similar institutions devoted primarily to the diagnosis
and treatment of the sick or injured.
39. Place. An open, unoccupied space or thoroughfare
other than a street or alley permanently reserved as a principal
means of access to abutting property.
40. Rooming house. A building other than a hotel where
lodging for three (3) or more persons is provided for definite
periods for compensation pursuant to previous arrangement.
41. Story. That portion of a building, other than a cellar,
included between the surface of any floor and the surface of
the floor next above it, or, if there be no floor above it, then
the space between the floor and the ceiling next above it.
42. Story, half. A space under a sloping roof which has
the line of intersection of roof decking and wall face not more
than three (3) feet above the top floor level, and in which
space, not more than two thirds of the floor area, is finished
off for use. A half story containing independent apartment
or living quarters shall be counted as a full story.
43. Street. A public or private thoroughfare which affords
the principal means of access to abutting property.
44. Street line. A dividing line between a lot, tract or
parcel of land and a contiguous street.
45. Structure. Anything constructed or erected, the use of
which requires a location on the ground, or attached to something
having a location on the ground, including but without
limiting the generality of the foregoing, advertising signs,
billboards, back stops for tennis courts, fences, pergolas or
swimming pools.
46. Structural alterations. Any change in the supporting
members of a building, such as bearing walls or partitions,
columns, beams or girders, or any complete rebuilding of the
roof.
47. Theatre. A building, or part thereof, which contains
an assembly hall with or without stage which may be equipped
with curtains and permanent stage scenery, or mechanical
equipment adaptable to the showing of plays, operas, motion
pictures, performances, spectacles and similar forms of entertainment.
48. Tourist court. See "Motel or motor court-tourist
court".
49. Tourist home. A building other than a hotel in which
overnight accommodations are provided or offered for one or
more transient guests for compensation.
49.1. Town house. A single-family dwelling unit being one
of a group of three or more such units attached or semidetached
with lots, utilities and other improvements being
designed to permit individual and separate ownership of such
lots and dwelling units.
50. Trailer. Any structure used for living, sleeping, business
or storage purposes, having no foundation other than wheels,
blocks, skids, jacks, horses or skirtings and which has been,
or reasonably may be, equipped with wheels or other devices
for transporting the structure from place to place whether by
motive power or other means. The term "trailer" shall include
camp car, house trailer and house car.
51. Trailer court. An area containing one or more structures
designed or intended to be used as temporary living
facilities of two or more families and intended primarily for
automobile transients; or providing spaces where two or more
tents or auto trailers can be parked.
52. Yard. An open space at grade between a building and
the adjoining lot lines, unoccupied and unobstructed by any
portion of a structure from the ground upward, except as
otherwise provided herein. In measuring a yard for the purpose
of determining the width of a side yard, the depth of
a front yard or the depth of a rear yard, the minimum horizontal
distance between the lot line and the main building
shall be used.
53. Yard, front. A yard extending across the front of a lot
between the side yard lines and being the minimum horizontal
distance between the street line and the main building or any
projection thereof, other than steps, unenclosed balconies and
unenclosed porches.
54. Yard, rear. A yard extending across the rear of a lot
between side lot lines and being the minimum horizontal distance
between the rear lot lines and the rear of the main building
or any projection other than steps, unenclosed balconies
or unenclosed porches. On corner lots the rear yard shall be
considered as parallel to the street upon which the lot has its
least dimension. On both corner lots and interior lots, the rear
the front yard.
55. Yard, side. A yard between the building and the side
line of the lot and extending from the front lot line to the rear
yard line and being the minimum horizontal distance between
a side line and the side of the main building or any projections
thereof other than steps, unenclosed balconies, or unenclosed
porches. (2-17-58, § 33-2; 4-5-65; 7-20-70.)
Article III. Districts Generally.
Sec. 3. Division of city into districts; enumeration.
For the purposes enumerated in section 33-1 of this chapter,[5]
the City of Charlottesville, Virginia, is hereby divided
into nine districts. The use, height, area and parking regulations
are uniform within each district and said districts shall
be known as:
R-1 residential district
R-2 residential district
R-3 multiple-dwelling district
B office-shop district
B-1 business district
B-2 business district
B-3 business district
B-4 business district
M-1 restricted industrial district
M-2 industrial district
(2-17-58, § 33-3; 1-18-72.)
Sec. 4. District map.
The boundaries of these districts are shown upon a map
made a part of this ordinance,[6]
part of which map is designated
as the "district map" dated February 17, 1958 and part
of which map is designated "district map for territory annexed
2, 1963. The district map and all the notations, references
and other information shown thereon are a part of
this ordinance[7] and have the same force and effect as if the
district map and all the notations, references and other information
shown thereon were all fully set forth or described
herein, which district map is attested by the clerk of the city
council, is on file in the office of the building official and is
attached hereto and made a part of this ordinance. The district
boundary lines on said map generally follow either
streets or alleys or lot lines, and where the districts designated
on the map are bounded approximately by such street, alley
or lot lines, the street or alley or lot line shall be construed to
be
indicated on the map. In all other instances, the district
boundary lines shall be determined by use of the scale appearing
on the district map or by dimensions. (2-17-58, § 33-4;
2-1-63.)
Sec. 5. Annexed territory.
All territory which may hereafter be annexed to the City
of Charlottesville, Virginia, shall be considered as being in the
R-1 residential district unless otherwise changed by ordinance.
(2-17-58, § 33-5.)
Sec. 6. Vacation of street, alley, etc.
Whenever any street, alley or other public way is vacated
by official action of the city council, the zoning districts adjoining
each side of such street, alley or public way shall be
automatically extended to the center of such vacation and all
area included in the vacation shall then and henceforth be subject
to all appropriate regulations of the extended districts.
(2-17-58, § 33-6.)
Sec. 7. Use, height, area, yards, etc., generally.
Except as hereinafter provided:
1. No building shall be erected, converted, enlarged, reconstructed
or structurally altered, nor shall any building or
land be used except for a purpose permitted in the district
in which the building or land is located.
2. No building shall be erected, converted, enlarged, reconstructed
or structurally altered to exceed the height limit
herein established for the district in which the building is
located.
3. No building shall be erected, converted, enlarged, reconstructed
or structurally altered, except in conformity with the
area regulations of the district in which the building is located;
provided however, that a building constructed in conformity
with the Zoning Ordinance of May 2, 1949, as
amended, and made nonconforming by area regulation sections
of this ordinance may be enlarged, extended, reconstructed
or structurally altered so long as such work does not
increase the violation which makes the building nonconforming.
to either the front or rear shall not be considered as increasing
the violation, but such extension must comply with front
and rear yard area regulations as hereinafter set forth.
4. No lot area shall be reduced or diminished so that the
yard or other spaces shall be smaller than prescribed by this
ordinance[8]
nor shall the density of population be increased
in any manner except in conformity with the area regulations
herein established, except that this provision shall not preclude
the construction of a residence on a lot of record existing
before January 21, 1958.
5. The minimum yards and other open spaces including lot
area per family, required by this chapter[9]
for each and every
building existing at the time of passage of this chapter or for
any building hereafter erected, shall not be encroached upon
or considered as yard or open space requirements for any
other building; nor shall any lot area be reduced beyond the
district regulations of this chapter.
6. Every building hereafter erected or structurally altered
shall be located on a lot as herein defined, and in no case shall
there be more than one main building on one lot, except as
otherwise provided in article XIII hereof. (2-17-58, § 33-7;
4-6-59; 11-16-59.)
Article IV. R-1 Residential Districts.[10]
Sec. 8. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter,[11]
when referred to in this article, are
the R-1 residential district regulations. (2-17-58, § 33-8.)
Sec. 9. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Single-family detached dwelling; provided, however, that
any dwelling designed for two-family use which was completely
constructed with all plumbing fixtures installed and
the two-family dwellings for which a city building permit has
been issued and are at least twenty per cent constructed on
the site prior to August 3, 1964, shall be considered a conforming
use.
2. Deleted.
3. Municipally owned or operated park, playground or community
building, museum, library or art gallery; provided,
that any such building shall be located not less than twenty-five
(25) feet from any side lot line; provided, a site plan
for the development of the entire site to be used for the above
purposes shall be submitted in accordance with section 72A.
4. Church or other place of worship or Sunday school; provided,
that any such building shall be located not less than
fifty (50) feet from any side line other than street line; provided,
a site plan for the development of the entire site to be
used for the above purposes shall be submitted in accordance
with section 72A.
5. Public school, elementary and high, private schools, such
as kindergarten, nursery school, play school or a private or
parochial school having a curriculum the same as ordinarily
given in a public school; provided, that any new building,
construction of which is commenced on or after June 16, 1959,
for school purposes, shall be located not less than forty (40)
feet from any side or rear lot line; provided, a site plan for
the development of the entire site to be used for the above
purposes shall be submitted in accordance with section 72A.
6. Country club or golf course, except miniature course or
practice driving tee operated for commercial purposes; provided,
a site plan for the development of the entire site to be
used for the above purposes shall be submitted in accordance
with section 72A.
7. Home occupations.
8. Accessory buildings and uses customarily incident to the
above uses, including a private garage and swimming pool.
Any accessory building that is not a part of the main structure
shall be located in the rear yard.
9. The office of a resident member of a recognized profession
limited to two (2) employees and not over fifty (50%)
per cent of the floor space. (2-17-58, § 33-9; 10-6-58; 6-15-59;
8-3-64; 7-20-70; 7-26-71.)
Sec. 10. Height regulations.
No building shall exceed thirty-five (35) feet in height, except
as provided in article XIII hereof. (2-17-58, § 33-10;
4-5-65.)
Sec. 11. Area regulations.
1. Front yard. There shall be a front yard having a depth
of not less than thirty (30) feet unless forty (40) per cent
or more of the frontage on the same side of the street between
two intersecting streets is improved with buildings that
have a front yard that is greater or less than thirty (30)
feet, in which instance, no building shall project beyond the
average front yard so established, but this regulation shall
not be interpreted to require a front yard of more than sixty
(60) feet.
2. Side yard. Except as provided in article XIII hereof,
there shall be a side yard on each side of a building having
a width of not less than ten (10) feet. See also section 33-55.[12]
3. Rear yard. Except as provided in article XIII hereof,
there shall be a rear yard having a depth of not less than
twenty-five (25) feet.
4. Lot area. A lot occupied by a single-family dwelling
shall contain a lot area of not less than eight thousand one
hundred twenty-five (8,125) square feet. (2-17-58, § 33-11;
8-3-64.)
As to parking vehicles containing livestock in R-1 residential districts,
see § 3-10 of this Code. As to parking house trailers in R-1 residential
district, see § 33-2.
Article V. R-2 Residential Districts.[13]
Sec. 12. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
the R-2 residential district regulations. (2-17-58, § 33-12.)
Sec. 13. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Any use permitted in the R-1 residential district.
2. Tourist homes, rooming and boarding houses, accommodating
not more than ten persons.
3. Private schools, such as kindergartens, nursery schools
and play schools.
4. Accessory buildings and uses as specified in the R-1 residential
district.
5. Two-family dwelling.
6. Single-family attached dwellings for which construction
was or will be completed after August 1, 1970; provided, that
separate utility systems are furnished for each dwelling unit
and separate lots for each dwelling unit are created at the
same time. (2-17-58, § 33-14; 12-7-64; 7-20-70.)
Sec. 14. Height regulations.
The height regulations are the same as in the R-1 residential
district. (2-17-58, § 33-14.)
Sec. 15. Area regulations.
1. Front yard. Front yard regulations are the same as in R-1
residential district.
2. Side yard. Except as provided in article XIII hereof, for a
single-family detached dwelling, there shall be a side yard of not
less than five (5) feet on each side of the building. A lot occupied
by a single-family attached dwelling shall have a side yard on one
side of not less than ten (10) feet. A lot occupied by a two-family
dwelling shall have a side yard of not less than ten (10) feet on
each side of the building. A lot of record prior to August 3, 1964,
and occupied by a two-family dwelling shall have a side yard of
not less than five (5) feet on each side of the building.[15]
3. Rear yard. The rear yard regulations are the same as in the
R-1 residential district.
4. Lot area. A lot occupied by a single-family detached dwelling
shall contain a lot area of not less than six thousand (6,000)
square feet. A lot occupied by a single-family attached dwelling
shall contain a lot area of not less than three thousand six
hundred (3,600) square feet. A lot occupied by a two-family
dwelling shall contain a lot area of not less than seven thousand
two hundred (7,200) square feet; provided, that a lot of record
prior to August 3, 1964 and occupied by a two-family dwelling
shall contain a lot area of not less than six thousand (6,000)
square feet. (2-17-58, § 33-15; 8-3-64; 7-20-70.)
As to parking vehicles containing livestock in R-2 residential districts,
see § 3-10 of this Code. As to parking house trailer in R-2
residential district, see § 33-2.
Article VI. R-3 Multiple-Dwelling Districts.[16]
Sec. 16. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter,[17]
when referred to in this article, are the R-3
multiple-dwelling district regulations. (2-17-58, § 33-16.)
Sec. 17. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Any use permitted in the R-2 residential district.
2. Multiple dwellings.
3. Religious, educational and philanthropic institutions, but
not penal or mental institutions.
4. Private clubs, fraternities, sororities, and lodges, excepting
those the chief activity of which is a service, customarily carried
on as a business.
5. Dormitories.
6. Accessory buildings and uses customarily incident to any
above uses, including parking lots or storage garages where the
lot is occupied by a multiple dwelling, hospital or institutional
building, and where the parking facilities serve only such
buildings. If a storage garage is not a part of the main building it
shall be located in the rear yard.
7. Hospitals and clinics, but not animal hospitals or clinics,
nursing homes, provided that any such building shall be located
not less than fifty (50) feet from any side or rear lot line other than
a street line.
8. Rooming and boardinghouses.
9. Greenhouses; provided, that no greenhouse heating plant
shall be operated within 100 feet of any lot line.
10. Town houses, subject to the approval of a site plan as
specified in article VI, section 19, subsection 6. (2-17-58, § 33-17;
6-6-66; 7-20-70.)
Sec. 18. Height regulations.
Subject to the restrictions of Table 6 of the city Building Code,
no building shall exceed eighty-five (85) feet in height above the
average street level. This average street level shall be determined
by taking the average between the level of the highest and lowest
streets adjacent to the property. The eighty-five (85) foot height
limitation shall not apply to the height of appurtenances
necessary for the use and operation of the building and the height
of accessory buildings shall be as provided in article XIII hereof.
(2-17-58, § 33-18; 4-5-65.)
Sec. 19. Area regulations.
1. Front yard. There shall be a front yard having a depth of not
of the frontage on the same side of the street between two
intersecting streets is improved with buildings that have a front
yard that is greater or less than twenty-five (25) feet, in which
instance, no building shall project beyond the average front yard
so established, but this regulation shall not be interpreted to
require a front yard of more than fifty (50) feet.
2. Side yard. There shall be a side yard of not less than ten (10)
feet on each side of the building. For three (3) story buildings,
there shall be a side yard on each side of the building of not less
than twelve (12) feet. Where an R-3 multiple dwelling district
abuts an R-1 or R-2 dwelling district the minimum required side
yard shall be not less than twenty-two (22) feet.
3. Rear yard. The rear yard regulations are the same as in the
R-1 residential district.
4. Lot area.
(a) A lot occupied by a single-family dwelling or by a
two-family dwelling shall contain a lot area of not less than five
thousand (5,000) square feet.
(b) A lot occupied by a multiple dwelling shall contain a lot
area of not less than one thousand (1,000) square feet per family.
5. Two or more buildings on same lot. In the event two (2) or
more main buildings are erected on the same lot or tract, there
shall be a minimum distance of fifty (50) feet between the
buildings on all sides. If, however, any such building or buildings
shall face on and have access to a street accepted into the city's
street system or an undedicated private thoroughfare built to city
standards for width and construction, then such building or
buildings may be located according to setback requirements for
front and rear yards, and separated by a distance equal to twice
the side yard requirements of the R-3 multiple dwelling district.
6. Regulations relating to town houses. The foregoing area
requirements notwithstanding town houses, shall be governed
solely by the following area regulations:
(a) Site plan. A plan for the development of the entire site to
be used for town houses shall be submitted to and approved by
the city planning commission prior to the issuance of any building
permit. A copy of such approved site plan shall be retained in the
and all building permits issued for the subject property shall
conform to the provisions of the site plan.
(b) The site plan shall comply with all of the following
requirements:
(1) Minimum site area, twelve thousand (12,000) square
feet.
(2) Lot area. A lot occupied by a town house shall contain a
lot area of not less than two thousand (2,000) square feet.
(3) Density. No town house project or portion thereof shall
have an overall density greater than one dwelling unit per two
thousand four hundred (2,400) square feet of gross site area.
Streets, access easements used as streets and parking areas may
not be counted in meeting this two thousand four hundred (2,400)
square foot minimum.
(4) Frontage. Lot frontage, measured at the building line,
for individual dwelling units of a town house development shall
have an average minimum width of twenty (20) feet but in no case
shall the frontage be less than sixteen (16) feet. Lot width for end
units shall be adequate to provide required front and side yards.
(5) Limitation on number of units. No more than eight (8)
town houses shall be included in any one town house grouping.
(6) Yards:
a. Front yard. There shall be a front yard having a depth
of not less than ten (10) feet from abutting interior courts, drives,
access easements or local streets, twenty (20) feet from all
collector streets and thirty (30) feet from all arterial streets.
Street classification shall be according to a map approved by the
planning commission.
b. Side yard. For the purpose of the side yard
regulations, a town house building shall be considered as one
building on one lot with side yards required for end units only.
Such side yard shall be not less than ten (10) feet on each side of
the building. Town house groupings on corner lots shall be
required to provide an additional ten foot side yard set back.
c. Rear yard. There shall be a rear yard of not less than
thirty (30) feet. A carport, or a parking garage may occupy the
rear yard.
(7) Fire walls, party walls and fire division. Attached
dwellings shall be separated by a wall meeting fire protection
requirements as set forth in the Virginia Statewide Building
Code, as amended.
(8) Height. The building heights shall be no greater than
forty (40) feet measured from the average level of the ground
adjacent to the front exterior wall.
(9) Access. Each town house shall front on a dedicated
public street or a thirty-four (34) foot minimum width access
easement. If access is to be provided by means of a private access
easement, the following minimum standards of development shall
be observed.
a. Pavement width of twenty-four (24) feet minimum.
b. Concrete curb and gutter on both sides of street or
easement.
c. Sidewalk five (5) feet in width on at least one side of
the easement, constructed of concrete, brick, stone, gravel or
some other material of reasonable durability and safeness.
d. All construction in accordance with City of
Charlottesville standards and specifications.
e. The radius for all cul-de-sacs shall be at least forty
(40) feet.
(10) Architectural treatment. The facades of dwelling
units in a town house development shall be varied by changed
front yards of not less than three feet and variation in materials
or design, so that no more than four (4) abutting units will have
the same front yard depth or the same or essentially the same
architectural treatment of facades and roof lines.
(11) Requirements for common areas and exterior maintenance
of individual town houses. Common areas shall be maintained
by and be the sole responsibility of the developer-owner
of the town house development until such time as the developer-owner
conveys such common area to a nonprofit corporate
owner whose members shall be all of the individual owners of
the town houses in the town house development. Said land shall
be conveyed to and be held by said nonprofit corporate owner
solely for recreational and parking purposes of the owners of the
individual town house lots in the development. In the event of
such conveyance by the developer-owner to a nonprofit corporate
owner, deed restrictions and covenants, shall provide,
among other things, that any assessments, charges and costs of
maintenance of such common areas shall constitute a pro rata
lien upon the individual town house lots, inferior in lien and
dignity only to taxes and bona fide duly recorded first and second
mortgages or deeds of trust on each town house lot. Maintenance
of town house exteriors, lawns, refuse handling, lighting and
drainage shall be provided in a similar manner so as to discharge
any responsibility from the City of Charlottesville.
(12) Parking. Required off-street parking spaces of two (2)
within a common area maintained by the Commons Association
within one hundred fifty (150) feet of the lot. Appropriate
screening of the parking area shall be required where development
abuts an R-1 or R-2 district.
(c) The site plan submitted for approval shall show the
following information:
(1) The proposed title of the project, the name of the titled
owner, the name of the developer, and the name of the engineer or
architect.
(2) The northpoint, scale and date. (Scale not greater than
1" 100').
(3) The boundaries of the property involved, property
lines, existing streets, buildings, watercourses, waterways or
lakes and other existing physical features in or adjoining the
project.
(4) Topography of the project area with contour intervals
of five (5) feet or less.
(5) The location, materials and sizes of sanitary and storm
sewers, water mains, culverts and other underground structures
in or near the project.
(6) The location, dimensions and character of construction
of proposed streets, alleys, loading areas, (including numbers of
parking loading spaces), landscaping materials, fencing, outdoor
lighting systems, storm drainage and sanitary facilities.
(7) The location and dimensions of proposed lots, setback
lines and easements, and proposed reservations for parks,
parkways, playgrounds, school sites and open space.
(8) Location with respect to each other and to lot lines of
all proposed buildings and structures.
(9) Preliminary plans and elevations of the several
dwelling types and other buildings, as may be necessary.
(10) Location, height and material of all fences, walls and
screen planting.
(11) Location, character, size and height and orientation of
proposed signs.
(12) A tabulation of total number of acres in the project
and the percentage thereof, proposed to be devoted to the several
dwelling types, off-street parking, streets, parks, schools and
other reservations.
(13) A tabulation of the total number of dwelling units of
dwelling units per gross acre.
(14) Appropriate dedication statement for all streets, open
spaces, easements and other areas to be dedicated for public use.
For the purpose of this subsection (§19 6c), the planning
commission may establish additional information requirements
for site plans, and in special cases, may waive a particular
information requirement if, in its opinion, the inclusion of that
requirement is not essential to a proper decision on the project.
(2-17-58, § 33-19; 1-6-64; 6-5-67; 7-20-70; 7-15-74.)
As to parking vehicles containing livestock in R-3 multiple-dwelling
districts, see § 3-10 of this Code. As to parking house trailer in R-3 residential
district, see § 33-2.
Article VII. B Office-Shop Districts.
Sec. 20. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter[18]
when referred to in this article are the B
office-shop district regulations. (2-17-58, § 33-20.)
Sec. 21. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Any use permitted in the R-3 multiple-dwelling district.
2. Automobile parking lots, and fees may be charged for the
use thereof; and automobile parking garages, except garages
which contain ten (10) or fewer contiguous spaces; provided, that
parking garages shall be governed by the following regulations:
(a) Site plan. A plan for the development of the entire site to
be used for a parking garage shall be submitted in accordance
with sections 72A and 21 (2b).
(b) Standards for parking garages.
(1) Ingress and egress. Entrances thereto and exits
therefrom shall be as far as practicable from street intersections
and shall be located so as to result in the least possible
interference with traffic movement on abutting streets.
(2) Lanes. Not less than one exit lane shall be provided for
each 200 parking spaces and not less than one entrance lane shall
structure.
(3) Driveway widths. Driveway widths at the street line
shall be not less than 18 feet for driveways accommodating one
lane of traffic and 24 feet for driveways accommodating two lanes
of traffic, and in no case shall any driveway width at the street
line be greater than 35 feet.
(4) Illumination. All portions of the structure used for
parking of vehicles shall be illuminated during the hours of use by
natural or artificial lighting with an intensity of not less than
four foot candles measured at floor level.
(5) Screening. The parking garage shall be constructed in
such a manner as to screen from outside street level view any
vehicles parked therein; provided, however, that entrances and
exits shall be exempt from this requirement.
3. Banks; provided, that drive-in banks shall be governed by
the following regulations:
(a) Site plan. A plan for the development of the entire site to
be used for a drive-in bank shall be submitted in accordance with
sections 72A and 21 (3b).
(b) Standards for drive-in banks.
(1) Waiting space. A hard-surface paved area, at least 10
feet wide and 100 feet long shall be provided for each drive-in
teller window.
(2) No cars utilizing the services of a drive-in bank shall be
allowed to wait in the public right-of-way.
(3) The waiting space shall not include any part of the site
which is to be used for required off-street parking.
4. Personal service uses, such as barbershops, beauty parlors,
artists' or photographers' studios and similar uses, but not
restaurants.
5. Radio and television broadcasting stations (excluding
towers).
6. Offices and office buildings.
7. Churches, nursing homes, hospitals or clinics, but not
animal hospitals or clinics, provided that such building shall
rear lot line other than a street line unless it adjoins a residential
district. Then it shall not be located nearer than fifty
(50) feet to any residential lot line.
8. Hotels and motels.
9. Retail drugstores with pharmacy, provided the total floor
area for sales, displays and storage does not exceed seventeen
hundred (1700) square feet.
10. Funeral homes. (2-17-58, § 33-21; 6-1-64; 7-26-71.)
Sec. 22. Height regulations.
The height regulations are the same as in the R-3 multiple-dwelling
district. (2-17-58, § 33-22.)
Sec. 23. Area regulations.
1. Front yard. There shall be a front yard having a depth
of not less than twenty (20) feet.
2. Side yard. The side yard regulations for dwellings are
the same as in the R-3 multiple-dwelling district. In all other
cases, a side yard is not required except on the side of a lot
adjoining a dwelling district in which case, there shall be a
side yard having a width of not less than six (6) feet. See
also section 33-55.[19]
3. Rear yard. The rear yard regulations for dwellings are
the same as in the R-3 multiple-dwelling district. In all other
cases, a rear yard is not required except on the rear of a lot
abutting a dwelling district, in which instance, there shall be
a rear yard having a depth of not less than fifteen (15) feet.
4. Lot area per family. The lot area per family regulations
shall apply to all dwelling units whether above stores
multiple-dwelling district. (2-17-58, § 33-23.)
Article VIII. B-1 Business District.
Sec. 24. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter[20]
when referred to in this article are
the B-1 business district regulations. (2-17-58, § 33-24.)
Sec. 25. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Any use permitted in the B office-shop district.
2. Bakeries when products are sold at retail and only on the
premises.
3. Businesses, dancing or music schools.
4. Filling stations; provided that such use shall be governed
by the following regulations:
(a) Site plan. A plan for the development of the entire
site to be used for a filling station shall be submitted in accordance
with sections 72A and 25(4b).
(b) Standards for filling stations.
Specifications for driveway entrances:
| (1) | Maximum width of driveways | 40 feet. |
| Minimum width of driveways | 30 feet. | |
| (2) | Minimum distance between driveways | 20 feet. |
(3) Minimum distance from driveway to street corner
when radius is:
| 5′-9′ | distance 20 feet. |
| 10′-14′ | distance 15 feet. |
| 15′-19′ | distance 10 feet. |
| 20′-24′ | distance 5 feet. |
| over 25′ | distance 0 feet. |
(4) Minimum distance between driveway and adjoining
property line—10 feet.
(5) Minimum distance between gasoline pump island
and back of sidewalk—16 feet.
(6) A raised curb 6 inches high must be constructed
back of the sidewalk separating the driveways and opposite
the pump island. The raised curb shall extend to within 2
feet of each driveway.
(7) In cases where there is no existing curb, gutter
and sidewalk along the street or streets from which the filling
station shall take access, the developer constructing the filling
station shall at his own expense construct the necessary curb,
gutter and sidewalk according to the specifications of the City
of Charlottesville.
(8) Maximum number of driveways permitted for each
100 feet is two (2). An additional driveway may be permitted
for each 50 feet of frontage owned, provided the need can be
established and the minimum requirements as set out above
can be complied with.
(9) All sidewalks, curbs, gutters and driveway entrances
shall be constructed of concrete.
Miscellaneous requirements for filling stations:
(1) Filling station sites shall contain a minimum area
of 2,500 square feet for each pump.
(2) Buildings shall be set back at least 40 feet from
the street right-of-way line and at least 10 feet from any
other property line.
(3) Grease and wash racks shall be limited to one per
5,000 square feet of site area. All wash and grease racks
shall be contained entirely within an enclosed building.
(4) The site shall be fenced with six-foot masonry
wall or opaque fence against all abutting residential zones.
(5) No delivery tanker shall be allowed to park on
public right-of-way during gasoline delivery, nor shall any
hose be permitted on the public right-of-way.
(6) At least 50 percent of the street frontage shall be
landscaped with plant materials. Such planting area shall
have a minimum width of five (5) feet.
(7) In order to preserve the sight distance advantage
offered by filling stations located on street corners, that area
defined by a straight line drawn between curb cuts shall be
landscaped with low profile plants having a height of not
more than three feet. Signs and/or light standards may be
permitted within this area, but the bottom of any sign or
light fixture shall be above the sight line of a large truck
(approximately 8 to 10 feet). No portable signs or automobiles
shall be placed between this area and the station
buildings.
(8) All used tires and parts, trash or similar objects
shall be stored within a building or within a fenced enclosure
in the rear half (or in the case of corner sites, rear quarter)
of the site.
(9) In cases where a hillside must be graded for construction,
suitable protection for the hillside must be provided
for slopes in excess of ten percent. Such protection shall
be in the form of terracing, retaining walls, planting of suitable
vegetation or a combination of the above in order to
avoid excessive runoff and soil erosion.
(10) All lighting of the filling station shall be directed
onto the site and in no case shall lights be placed so as to
illuminate any abutting street or residential property.
5. Retail stores without limitation as to floor area.
6. Restaurants; provided, that drive-in restaurants shall
be governed by the following regulations:
(a) Site plan. A plan for the development of the entire
site to be used for a drive-in restaurant shall be submitted
in accordance with sections 72A and 25(6b).
(b) Standards for drive-in restaurants.
(1) Access. Access to public streets or other public
ways shall be provided from at least two points at all times.
Such means of access shall be kept clear at all times.
(2) Sale from windows. The sale of food, frozen
desserts, beverages, candy and other products from a window
or other opening in a drive-in restaurant shall not be permitted
unless such window or opening is at least 20 feet from
any property line.
(3) Areas for eating in car. All areas for eating in
cars shall be paved so as to avoid creating dust and so as to
shall be clearly marked.
(4) Fence or wall. All drive-in restaurants shall be
fenced with a six-foot opaque fence or wall against all abutting
residential zones.
(5) Illumination of area. The parking area of any
drive-in restaurant shall be adequately illuminated by electric
lights, but such illumination shall be so arranged so as to be
directed onto the site and in no case shall lights be placed
so as to illuminate any abutting street or residential property.
7. Theatres, but not drive-in theatres.
8. Laundries and dry cleaning establishments using a nonpetroleum
base solvent.
9. Bowling alleys.
10. Rebound tumbling centers.
11. Commercial swimming pools.
12. Commercial skating rinks.
13. Billiard parlors, provided that the aforesaid use is
located approximately at ground or sidewalk level with sufficient
windows or clear glass fronts to afford an unobstructed
view of the interior.
14. Soft drink bottling plants; provided, that adequate
space is made available within the building and is used for
the loading on delivery vehicles of all finished products manufactured
or processed by the plant; and provided further,
that the unloading and storage of returned containers is done
within the building.
15. Small size parts assembly in any building existing as of
January 1, 1969, which has a floor space area that does not
exceed 20,000 square feet; provided that all of the following
conditions are met:
A. The finished product of such assembly operation shall
not exceed 100 pounds nor the overall dimensions of said
product exceed a volume of 4 cubic feet.
B. No portion of such operation including storage shall
be outside of the building with the exception of loading and
unloading.
C. The building so used shall not be closer than 200 feet
to any other building used for residential purposes nor closer
than 400 feet to any residential zoning district.
D. This use shall have no adverse influence on surrounding
development because of smoke, odor, noise, dust or fumes.
E. The owner or lessee shall procure from the building
official annually an occupancy permit for the continuance of
said operations which permit shall be granted only if use
of the land in question continues to meet all conditions set
forth in this paragraph.
16. Automatic car washes or buildings using production-line
methods with a chain conveyor, blower, steam-cleaning
device or other mechanical device; provided that such use shall
be governed by the following regulations:
(a) Site plan. A plan for the development of the entire
site to be used for an automatic car wash shall be submitted
in accordance with sections 72A and 25(16b).
(b) Standards for automatic car washes.
(1) Minimum size of lot. 10,000 square feet, with a
minimum width of fifty (50) feet.
(2) Waiting space. A hard-surfaced driveway of either
one or more lanes shall be constructed on the site in such a
manner as to provide for a continuous movement of cars
into the wash rack. The driveways so provided shall be not
less than 10 feet wide for a single lane and not less than 10
additional feet in width for each additional lane. Where
access to the wash rack is restricted to a single lane, this
lane shall be used only for such purposes as are a part of
the washing operation. The total length of the required lane
or lanes so provided shall be determined by the overall length
of the building including areas having side walls but no roof.
In any building where the washing operation moves in other
than a straight line, the length of the building for the purposes
of this section shall be the distance measured along the
center-line of the conveyor and/or wash line from the point
of entry to the point of exit from the building. The overall
length of the required lane or lanes as measured along the
center-line shall be determined in accordance with the following
formula:
Where the building is 80 feet or less in overall length,
the total required lane or lanes shall be not less than 200
feet in length. Where the building exceeds 80 feet in length,
the length of the required lane or lanes shall be increased
exceeds 80 feet in overall length.
(3) Gasoline pumps. Gasoline pumps may be permitted
on the site; provided, however, that the area occupied
by such pumps shall be in addition to the area required under
section 16(b2).
(4) Exit. The building exit for automobiles that have
completed the washing process shall be at least 25 feet distant
from the nearest point of the public sidewalk of the
adjacent street.
(5) Sand trap. A sand trap for waste water with a
minimum capacity of 120 cubic feet shall be provided within
the building for the protection of the sewers.
(6) Vacuuming facilities. Vacuuming facilties may
be outside the car wash building but shall not be in the front
yard.
(7) Distance to any "R" zone. The building and/or
vacuuming facilities shall not be less than 100 feet from any
"R" zone.
(8) Illumination. Any light used to illuminate the area
shall be directed away from abutting streets and residential
properties.
(9) Fence or wall. The site shall be fenced with a
six-foot masonry wall or opaque fence against all abutting
residential zones.
17. Coin-operated self-service car washes not necessarily
requiring an attendant; provided that such use shall be governed
by the following regulations:
(a) Site plan. A plan for the development of the entire
site to be used for a coin-operated self-service car wash shall
be submitted in accordance with sections 72A and 25(17b).
(b) Standards for coin-operated self-service car washes,
not necessarily requiring an attendant.
(1) Waiting and drying space. A hard-surfaced paved
area, at least 20 feet wide and 50 feet deep, shall be provided
in front of each stall. In addition, a like area for the purpose
of drying and vacuuming a vehicle shall be provided at
the rear of each stall.
(2) Sand trap. A sand trap for waste water with
a minimum capacity of 120 cubic feet shall be provided for
the area under the stalls for the protection of the sewers.
(3) Vacuuming facilities. The vacuuming facilities
shall be located in the drying space behind the stalls in the
rear half of the site.
(4) Distance to any "R" zone. The stalls and/or
vacuuming facilities shall not be less than 100 feet from any
"R" zone.
(5) Illumination. Any lights used to illuminate the
area shall be directed away from abutting streets or residential
properties.
(6) Fence or wall. The site shall be fenced with a
six-foot masonry wall or opaque fence against all abutting
residential zones.
(7) The interior of the wash stalls shall remain illuminated
during hours of darkness, but the operation shall be
limited to the hours between 6:00 A. M. and 11:00 P. M. with
an automatic timer switch to accomplish such illumination.
(2-17-58, § 33-25; 10-3-60; 8-21-61; 9-18-61; 2-4-63; 1-21-69;
2-17-69; 7-26-71.)
Sec. 26. Height regulations.
The height regulations are the same as in the R-3 multiple-dwelling
district. (2-17-58, § 33-26.)
Sec. 27. Area regulations.
1. Front yard. There shall be a front yard having a depth
of not less than twenty (20) feet.
2. Side yard. The side yard regulations for dwellings are
the same as in the R-3 multiple-dwelling district. In all other
cases, a side yard is not required except on the side of a lot
adjoining a dwelling district, in which case, there shall be a
side yard having a width of not less than six (6) feet. See
also section 33-55.[21]
3. Rear yard. The rear yard regulations for dwellings are
the same as in the R-3 multiple-dwelling district. In all other
cases, a rear yard is not required except on the rear of a lot
abutting a dwelling district, in which instance, there shall be
a rear yard having a depth of not less than fifteen (15) feet.
4. Lot area per family. The lot area per family regulations
residential buildings, and are the same as in the R-3 multiple-dwelling
district. (2-17-58, § 33-27.)
Article IX. B-2 Business Districts.
Sec. 28. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter[22]
when referred to in this article are
the B-2 business district regulations. (2-17-58, § 33-28.)
Sec. 29. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Any use permitted in the B-1 business district.
2. Billiard parlors and other places of amusement and
entertainment.
3. Auto sales rooms and/or lots.
4. Frozen food lockers.
5. Tinsmith or plumbing shop.
6. Animal hospitals.
7. Service and repair shops.
8. Trailers and trailer courts in accordance with the provisions
of other city regulations, from time to time applicable
thereto.
9. Tire recapping shops.
9a.[23] Printing plants.
10. Contractor's office; provided, that no heavy equipment
such as bulldozers, cranes, pavers, rollers, etc., may be stored
on the site and no construction materials, except odd-lot surplus
materials or forms owned and used by the contractor,
may be stored on the site; and provided further, that no fabrication
shall be permitted on the site. (2-17-58, § 33-29; 10-3-60;
11-27-61.)
Editor's note.—This subsection was enacted as number 9. However,
the previous subsection had previously been numbered 9; therefore,
this subsection has been assigned the number 9a.
Sec. 30. Height regulations.
The height regulations are the same as in the R-3 multiple-dwelling
district. (2-17-58, § 33-30.)
Sec. 31. Area regulations.
1. Front yard. No front yard is required for any property
unless forty (40) per cent or more of the street frontage on
the same side of the street fronting such property between
the nearest streets on each side of such property which intersect
the front street is improved with buildings having a front
yard, in which instance, no building shall project beyond the
average front yard as so established.
2. Side yard. The side yard regulations for dwellings are
the same as in the R-3 multiple-dwelling district. In all other
cases, a side yard is not required except on the side of a lot
adjoining a dwelling district, in which case, there shall be a
side yard having a width of not less than six (6) feet.
3. Rear yard. The rear yard regulations are the same as
in the B-1 business district.
4. Lot area per family. The lot area per family regulations
are the same as in the B-1 business district. (2-17-58, §
33-31.)
Article X. B-3 Business Districts.
Sec. 32. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter,[24]
when referred to in this article, are
the B-3 business district regulations. (2-17-58, § 33-32.)
Sec. 33. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Any use permitted in the B-2 business district.
2. Bakeries.
3. Warehouses.
4. Wholesaling establishments.
5. Deleted.
6. Soft drink bottling plants.
7. Manufacturing and processing plants (such as ice cream,
candy, jewelry, millinery and clothing) which will have a
minimum adverse influence on surrounding development because
of smoke, odor, dust, noise or gas. (2-17-58, § 33-33; 11-27-61.)
Sec. 34. Height regulations.
Subject to the restrictions of Table 6 of the city Building
Code, no building shall exceed one hundred (100) feet in
height above the average street level. The average street level
shall be determined by taking the average between the level
of the highest and lowest streets adjacent to the property.
The one hundred (100) foot height limitation shall not apply
to the height of appurtenances necessary for the use and operation
of the building, and the height of accessory buildings
shall be as provided in article XIII hereof. (2-17-58, § 3334;
4-5-65.)
Sec. 35. Area regulations.
1. Yards. No front yards are required. Side and rear yard
regulations for dwellings are the same as in the R-3 multiple-dwelling
district, and there shall be a side yard with a width
or R-3 district. A lot adjoining a dwelling district along its rear
shall likewise have a rear yard depth of not less than fifteen (15)
feet.
2. Lot area per family. The lot area per family regulations are
the same as in the R-3 multiple-dwelling district. (2-17-58, § 33-35;
6-5-67.)
Article X-A. B-4 Business Districts.
Sec. 35A. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter,[25]
when referred to in this article, are the B-4
business district regulations. (1-18-72.)
Sec. 35B. Use regulations.
A building or premises shall be used only for the following
purposes:
Any use permitted in the B-3 business district. (1-18-72.)
Sec. 35C. Height regulations.
No building shall exceed one hundred seventy-five (175) feet in
height above the average street level. The average street level
shall be determined by taking the average between the level of the
highest and the lowest streets adjacent to the property. The one
hundred seventy-five (175) foot height limitation shall not apply
to the height of appurtenances necessary for the use and
operation of the building, and the height of accessory buildings
shall be as provided in article XIII hereof. (1-18-72.)
Sec. 35D. Area regulations.
The area regulations shall be the same as for the B-3 business
district. (1-18-72.)
Article X-B. Permitted Higher Density
with Special Permit.
Sec. 35E. Applicability.
City council may allow an applicant a higher residential density
of up to 120 dwelling units per acre in B-4 zones and B-3 zones
adjacent to the B-4 zone, if the applicant's request is in harmony
with the purposes stated in §35F, if the applicant meets the
specific requirements set forth in §35G; subject to meeting
requirements of site plan ordinance article XVII, §72(a) and other
pertinent requirements set forth in the zoning ordinance. A site
plan for the proposed project shall be submitted at the time of the
request for higher density approval. (2-4-74.)
Sec. 35F. Purpose and intent.
The purpose of the special permit provisions is to encourage
development of higher density housing in the downtown area
which is harmonious with the surrounding area and which
provides the necessary parking and other relevant amenities for
the additional residents generated by the allowance of higher
density. (2-4-74.)
Sec. 35G. Specific standards to apply only to units over and
above those allowed in given zone.
(a) Recreation space and facilities: The proposed development
shall provide recreation space and facilities for common use
appropriate in size, type and location to the occupancy
characteristics of the development.
The proposed development shall provide child use space, mixed
use space (children and adults) and adult use space in relation to
projected tenancy characteristics. Computation of such space
requirements shall be as follows:
(1) Compute the building occupancy according to the
following schedules:
| Apartment | Occupancy |
| Studio | 1 adult |
| 1 BR apt. | 2 adults |
| 2 BR apt. | 2 adults and 1 child |
| 3 BR apt. | 2 adults and 2 children |
| 4 BR apt. | 2 adults and 3 children |
(2) Based upon the occupancy figures so computed, each of
the following three types of activity space shall be provided in
amounts determined according to the following schedule:
For child use space multiply the number of children by 20
sq. ft.
For mixed use space multiply the total number of residents
(children plus adults) by 25 sq. ft.
For adult use space multiply the number of adults by 100
sq. ft.
(3) The following types of activity spaces are suggested to
fulfill space requirements:
| Children | Adult | Mixed |
| Tot lot | Passive | Swimming pool |
| Intermediate playground |
Rooftop terrace | Handball |
| Health club | Tennis courts | |
| Nursery day care |
Gymnasium | Basketball |
| Terrace | Meeting & activity rooms |
|
| Volleyball | ||
| Shops-craft | ||
| Library |
(4) Related recreation and open space requirements:
Landscaping: At least 25% of the required recreational
space shall be landscaped with appropriate trees and plant
materials.
Indoor and/or weather protected recreation space: At least
25% of the required recreational space shall be indoor and/or
weather protected so as to be useable year round.
Facilities: Required recreational space shall have
appropriate facilities and improvements before the occupancy
permit is issued for the dwelling units.
(b) Impact on the neighborhood: The proposed development
shall not have undue adverse impact on the surrounding
neighborhood.
Maximum building height: Maximum height allowed shall be
one hundred (100) feet from grade, except as provided in article
XIII, Exceptions and Modifications.
Height of street wall: The height of the street wall shall not be
higher than forty (40) feet from grade, so as to maintain
neighborhood scale, maintain harmony with the historic district,
and permit adequate sunlight on the street.
Environmental impact: In the opinion of city council, the
proposed development shall not have any significant adverse
impact on the surrounding environment for reason of character
and location of the proposed development.
Maintenance: The applicant shall provide appropriate
measures for adequate maintenance of the structures, open space
and surrounding area.
(c) Parking and circulation: The proposed development shall
provide adequate off-street parking and circulation to meet the
needs of the residents and to avoid adverse impact on the
surrounding area.
Parking: The proposed development shall provide a minimum
of two (2) off-street parking spaces for each additional unit
permitted over and above the normally allowed density in the
given zone. This parking shall be located within 200′ from the
entrance of the residential building.
Access and circulation: The proposed development shall have
an adequate ingress, egress and circulation system so as to meet
the needs of the residents of the proposed development and so as
not to have undue adverse impact on the surrounding circulation
pattern.
(d) Other facilities:
Laundry facilities: The proposed development shall provide
adequate common laundry facilities for the residents, unless
the provisions for laundry facilities are made in individual
dwelling unit(s).
Storage facilities: The proposed development shall provide
additional storage space (above and beyond that provided in the
dwelling unit) for each dwelling unit at the rate of not less than six
(6) square feet per bedroom, with a minimum of six (6) square feet
per dwelling unit. (2-4-74.)
Sec. 35H. Procedures.
(a) Application. Each application for higher density under this
article shall contain site plan and other supporting data sufficient
to demonstrate compliance with §35G of this article, the
requirements of article XVII, §72(a) (Site Plan Review), and other
requirements set forth in the zoning ordinance.
(b) Department of community development. The department
of community development shall review any application
requesting higher density in the above zones and shall make a
report of its findings and recommendations to the planning
commission.
(c) Planning commission. The planning commission shall
review and make recommendations to city council concerning
approval or disapproval of the application for higher density,
based upon the review of the site plan for the proposed
development and based upon criteria set forth in this article.
(d) City council. After receiving the recommendations of the
planning commission, city council may allow an applicant a
higher density of up to 120 units per acre in B-4 zones and B-3
zones adjacent to the B-4 zone, provided that such allowance may
be made only if the applicant's request is in harmony with the
purposes stated in §35F, meets the standards set forth in
§35G and other pertinent requirements set forth in the zoning
ordinance, and the applicant has received approval of its site plan
(article XVII, §72(a)). Council may attach such conditions to its
into conformity with the purposes and standards of this section.
(2-4-74.)
Sec. 35I. Violations.
(a) If the present or future owner of the project for which a
special permit is granted under this article fails to comply with
the approved site plan or the conditions set forth at the time of
granting the permit or any other provision of this ordinance, no
occupancy permit shall be issued for the additional dwelling units
allowed by the permit; and any occupancy permit theretofore
issued shall be revoked. Provided, however, that a temporary
occupancy permit may be issued for such units pending
completion of the required site plan or other conditions after the
owner has posted an adequate performance bond as allowed under
§72.
(b) In addition, failure to comply with such site plan
requirements or conditions of the permit shall constitute a
violation of this ordinance under §77, and shall be subject to the
penalties set forth therein. (2-4-74.)
Article XI. M-1 Restricted Industrial Districts.
Sec. 36. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter,[26]
when referred to in this article, are the M-1
restricted industrial district regulations. (2-17-58, § 33-36.)
Sec. 37. Use regulations.
A building or premises shall be used only for the following
purposes:
1. Any use permitted in the B-3 business district.
2. Lumber storage yards, including construction yards.
3. Dry cleaning establishments.
4. Research and testing laboratories.
5. Truck terminals.
6. Weaving and dyeing plants.
7. Any use not offensive because of smoke, odor, dust, noise or
gas, provided, however, that no dwelling unit shall be erected or
placed in any block or tract within the M-1 district unless thirty
(30) per cent or more of the area in said block or tract is occupied
by dwellings. (2-17-58, § 33-37.)
Sec. 38. Height regulations.
A building or structure may be erected to any height not in
conflict with other city ordinances; except, that no building or
structure which adjoins a dwelling or B, B-1 or B-2 district shall
exceed a height of eighty-five (85) feet above the average street
level, unless set back from the required yard lines one (1) foot for
each one (1) foot of height above eighty (80) feet. The average level
shall be determined as set forth in section 18. The eighty-five (85)
foot height limitation shall not apply to the height of
appurtenances necessary for the use and operation of the
building, and the height of accessory buildings shall be as
provided in article XIII hereof. (2-17-58, § 33-38; 4-5-65.)
Sec. 39. Area regulations.
1. Front yard. There shall be a front yard having a depth
of not less than ten (10) feet.
2. Side yard. No side yard is required except where the
premises adjoin a dwelling district, in which instance, there
shall be a side yard having a width of not less than twenty
(20) feet.
3. Rear yard. No rear yard is required except where the
premises abut a dwelling district, in which instance, there
shall be a rear yard having a depth of not less than twenty
(20) feet. (2-17-58, § 33-39.)
Article XII. M-2 Industrial Districts.
Sec. 40. Regulations generally.
The regulations set forth in this article, or set forth elsewhere
in this chapter,[27]
when referred to in this article, are
the M-2 industrial district regulations. (2-17-58, § 33-40.)
Sec. 41. Use regulations.
Any building or premises may be used for any purpose not
in conflict with any ordinance of the City of Charlottesville
regulating nuisances; provided, however, that no building
shall be erected, reconstructed or structurally altered for residential
purposes except for resident watchmen and caretakers
employed on the premises; provided further, that no building
or occupancy permit shall be issued for any of the following
uses:
1. Slaughterhouses, except for poultry and incidental to a
retail store; stockyard, starch, glucose or dextrine manufacture;
horn processing, shell processing, except from cleaned
shells; the curing, tanning or dressing of raw or green salted
hides or skins.
2. Fertilizer manufacture from organic material, or the
compounding of such fertilizers on a commercial scale; the
disinfectants, cattle dips, insecticides or serums.
3. Bleaching powder, ammonia or chlorine manufacture.
4. Coal tar manufacture or tar distillation except as
by-products or as incidental to the manufacture of gas for public
distribution; the manufacture of tar or asphalt roofing or
waterproofing; the manufacturing, batching or mixing of asphalt
or bituminous concrete paving materials; the distillation of weed
or bone.
5. Emery cloth or sandpaper manufacture.
6. Manufacture of lime, gypsum, plaster of Paris, lithophene,
linseed oil, linoleum, oiled cloth or oil clothing, or the
impregnation of inflammable fabrics by oxidizing oils.
7. Turpentine, varnish or shellac manufacturing or refining.
8. Gas storage in quantity exceeding five hundred thousand
cubic feet within one hundred feet of any party lot line; or in
quantity exceeding two hundred cubic feet if the pressure is
greater than one hundred pounds per square inch, within fifty
(50) feet of any party line.
9. Oil or gasoline storage in quantity exceeding six thousand
gallons above the ground, unless containers are diked as provided
in section 11-18 of the Code of the City of Charlottesville, 1965.
10. Soap, soda, ash, caustic soda or washing compound
manufacture.
11. Smelting of copper, tin, zinc or aluminum ores.
12. Fat rendering; the preparation or refining of tallow, grease
or lard; the manufacture of candles from animal fats; glue or size
manufacture or processes involving recovery from fish or animal
offal; potash manufacture; petroleum refining; and creosote
manufacture or treatment.
13. Celluloid or pyrezyline manufacture or processing; the
manufacture of explosive or highly inflammable cellulose
products or of acetylene gas on a commercial scale; manufacture
of matches, fireworks or explosives; nitration process; the loading
of explosives or their storage in bulk.
14. Sulphurous, sulphuric, nitric, picric or hydrochloric or
other corrosive or offensive acid manufacture, or their use or
industry.
15. Areas hereinafter designated or proposed for use for the
"dead" storage of articles or products without shelter and housing
adequate to prevent same from being exposed to the weather,
which have ceased to be useful or suitable for the purpose for
which they are created or produced.
16. Airport or landing field.
17. Riding stables and private stables.
18. Roadside stands and recreational activities for temporary
or seasonable periods.
19. Any other use or purpose which will create or is likely to
create conditions, such as smoke, fumes, noise, odors, dust or
radiation detrimental to the health, safety or general welfare of
the community. (2-17-58, § 33-41; 6-5-61; 3-18-74.)
Sec. 42. Height regulations.
The height regulations are the same as in the M-1 restricted
industrial district. (2-17-58, § 33-42.)
Sec. 43. Area regulations.
The front, side and rear yard regulations are the same as in the
M-1 restricted industrial district. (2-17-58, § 33-43.)
Article XII-A. Flood Plain Districts.
Sec. 43A. Regulations generally; amendment of zoning map;
purposes.
The regulations set forth in this article, or set forth elsewhere
in this Appendix and referred to in the article, are the Flood Plain
(FP) district regulations. The FP district boundaries are hereby
established along the boundaries of the intermediate regional flood
delineated in studies prepared by the United States Army Corps
of Engineers for the Rivanna River (June 1971), Moores Creek
(September 1971) and Meadow Creek (January 1972), which are
incorporated by reference in this article. The zoning map adopted
to show the boundaries of the FP districts delineated in such
studies. The FP districts are intended to overlap the existing
zones of the territory included within the area of the intermediate
regional flood, and the regulations
lieu of the existing zoning regulations within such boundaries.
This district is established for the purpose of:
1. Controlling flood plain uses, such as fill, dumping, storage
of materials, structures, buildings, and any other works which
acting alone or in combination with other existing or future uses
will cause damaging flood heights and velocities by obstructing
flows and reducing valley storage;
2. Protecting human life and health;
3. Minimizing public and private property damage;
4. Providing for public awareness of the potential for
flooding;
5. Controlling development which will, when acting alone or
in combination with similar developments, create an unjustified
demand for public investment in flood-control works, by
requiring that uses vulnerable to floods, including public facilities
which serve such uses, be protected against flood damage at the
time of initial construction;
6. Controlling development which will, when acting alone or
in combination with similar development, cause flood losses if
public streets, sewer, water, and other utilities must be extended
below the flood level to serve the development;
7. Controlling development which will, when acting alone or
in combination with similar development, create an additional
burden to the public to pay the costs of rescue, relief, emergency
preparedness measures, sandbagging, pumping, and temporary
dikes or levees. (6-4-73, § 1.)
Sec. 43B. Definitions.
When used in this article the following words and phrases shall
have the meanings herein ascribed to them unless another
meaning is plainly apparent from the context:
1. "Flood plain" means the extent of the intermediate regional
flood (100 year flood) as defined by the studies of the U. S. Army
Corps of Engineers and adopted as district boundaries by section
43A.
2. "Flood way" means the extent of the channel of a
and discharge the flood water of an intermediate regional flood
(100 year flood) without increasing flood stages more than one
foot above the levels which would occur naturally. (6-4-73, § 1.)
Sec. 43C. Use regulations.
The use regulations in force in the existing zoning districts
overlapped by the FP district shall be continued in force; however,
the FP district shall be subject to the additional use regulations
set forth in this article.
1. The following uses having low flood-damage potential and a
low potential for obstructing flood flows shall be permitted
without site plan approval within the FP district to the extent
that they are not prohibited by any other ordinance and provided
they do not require permanent structures, fill, or storage of
materials or equipment:
a. Agricultural and conservation uses such as gardening,
horticulture, cultivation and harvesting of crops according to
recognized soil conservation practices, outdoor plant nurseries,
pasture, grazing, wildlife and nature preserves, arboretums, and
forestry;
b. Open private and public recreational uses which do not
require permanent or temporary structures such as parks,
playfields, picnic grounds, hunting and fishing areas, golf courses
and driving ranges, hiking and horseback riding trails, nature
paths, and bicycle trails;
c. Circuses, carnivals and other similar transient amusement
enterprises, as provided for under existing city ordinances;
d. Public service uses, such as outlet installations for sewage
treatment plants, sealed wells for public water supply, storm
drainage facilities, water and sewer monitoring devices, and flood
warning aids and devices.
2. Existing uses. Any trailer placed, or any future trailer
placed on an existing trailer site, or any residential, commercial
or industrial building erected or begun prior to the date of
enactment of this article, may remain and shall not be considered
to be a nonconforming use by virtue of this article.
Further, without applying for site plan approval, the owner of
an existing trailer, or of a future trailer on an existing trailer site,
or of any other existing residential structure or auxiliary building
in conjunction with an existing residential use, may make repairs,
additions, improvements or reconstruction to such trailer or
residential structure, provided that such repairs, additions,
improvements or reconstruction do not add more than 50% to the
ground floor area of the trailer or other residential structure.
Such repairs, additions, improvements, or reconstruction shall
likewise not be considered to be nonconforming by virtue of this
article. (6-4-73, § 1.)
Sec. 43D. Uses permitted subject to site plan review.
Any use permitted in an existing district which is overlapped
by the FP district is permitted in the corresponding portion of the
FP district, provided that the following conditions are met:
1. A plan for the development of the entire site which lies
within the flood plain shall be submitted in accordance with the
provisions of section 72A. On application of any owner of property
within the FP district the city shall determine and establish in
the field on such property the elevation of the boundaries of the
flood plain and flood way, as related to mean sea level. Such
determination shall be made with reference to data prepared by
the U. S. Army Corps of Engineers or other qualified engineering
sources, based upon generally accepted hydraulic engineering
practices. Such owner shall then be entitled to utilize the
boundaries so determined in preparation of his site plan.
2. Prerequisites for flood plain development:
a. The lowest habitable floor of any residential structure
must be at least one foot higher than the elevation of the outer
limit of the FP district. The elevation of said lowest floor shall be
provided along with the required site plan. Any basement or
cellar of a residential structure not designed for human
habitation may lie below the elevation of the outer limit of the FP
district, provided that it is flood proofed in accordance with
section 43D-2c. of this article and further provided that the
location of such structure does not encroach upon the flood way.
b. Any new structure, other than a residential structure, to
FP district, or any addition to an existing commercial or
industrial building, shall be constructed so that the lowest floor is
at least one foot higher than the elevation of the outer limit of the
FP district, or shall be flood proofed in accordance with section
43D-2c. of this article, provided that in no case shall such
structure encroach upon the flood way.
c. In cases in which flood proofing measures are permitted to
satisfy the requirements of this article the planning commission
shall seek to insure in the process of site plan review that such
measures will be consistent with flood elevations, velocities and
volumes of the intermediate regional flood for the site in question.
On any building or structure for which flood proofing is required,
such measures shall be performed to an elevation of one foot
above the level of the intermediate regional flood. The following
flood proofing measures may be required:
1. Anchorage to resist flotation and lateral movement;
2. Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction;
3. Reinforcement of walls to resist water pressure;
4. Use of paints, membranes, or mortars to reduce seepage
of water through walls;
5. Addition of mass or weight to structures to resist
flotation;
6. Installation of pumps to lower water levels in
structures;
7. Construction of water supply and waste-treatment
systems so as to prevent the entrance of flood waters;
8. Installation of pumping facilities or comparable
practices for subsurface drainage systems for buildings, to relieve
external foundation wall and basement flood pressures;
9. Construction to resist rupture or collapse caused by
water pressure or floating debris;
10. Installation of valves or controls on sanitary and storm
drains which will permit the drains to be closed to prevent
back-up of sewage and storm waters into the buildings or
structures. Gravity draining of basements may be eliminated by
mechanical devices;
11. Location of all electrical equipment, circuits, and
installed electrical appliances in a manner which will assure they
are not subject to flooding and which provides protection from
inundation by the intermediate regional flood;
12. Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable liquids, or
other toxic materials which could be injurious to plant, animal or
human life at elevations at least one foot above the elevation of
the outer limit of the FP district;
d. Fill is permitted within the FP district if the following
conditions are satisfied:
1. Any fill proposed to be deposited in the flood plain must
be shown to have some beneficial purpose and the amount thereof
to be not greater than is necessary to achieve the purpose, as
demonstrated by a plan submitted by the owner showing the uses
to which the filled land will be put and the final dimensions of the
proposed fill;
2. Such fill shall be protected against erosion by
compaction, riprap, vegetative cover, or bulkheading;
3. The fill shall be of such material as will not pollute
surface water or ground water;
4. Such fill shall not extend into or encroach upon the flood
way.
e. Storage of material or equipment that is not flammable,
explosive, or potentially injurious to human, animal or plant life
may be permitted in an overlapped zone which permits such use,
if such material or equipment is readily removable within the
time available after flood warning or if adequate flood proofing is
provided, in accordance with section 43D-2(c) of this article.
f. Parking lots which are otherwise permissible under
existing city ordinances are permitted within the FP district if
marked by a sign indicating the area that is subject to flooding
and warning parkers of the potential danger.
g. Campgrounds shall be subject to the approval of the
planning commission through the procedures of site plan review
provided in section 72A.
h. Marinas, boat rental facilities and other similar uses shall
the procedures of site plan review provided in section 72A.
i. Sand and gravel extraction operations shall be subject to
the approval of the planning commission through the procedures
of site plan review provided in section 72A.
j. The straightening of any stream, or the altering of its
course in any way, shall be subject to the approval of the planning
commission through the procedures of site plan review provided
in section 72A. (6-4-73, § 1.)
Sec. 43E. Discontinuance of uses.
If the use of any structure which existed prior to the date of
enactment of this article is discontinued for two consecutive
years, any future use of the structure shall be considered a new
use and shall comply with the requirements set forth in this
article. (6-4-73, § 1.)
Sec. 43F. Documents to be available for public inspection.
Copies of all U. S. Army Corps of Engineers' studies and other
available documents pertaining to the flood plains of the Rivanna
River, Moores Creek and Meadow Creek which are relevant to the
determinations and requirements set forth in this article shall be
kept on file for public inspection in the office of the city planning
department. (6-4-73, § 1.)
Sec. 43G. Warning and disclaimer of liability.
The granting of approval of any structure or use shall not
constitute a representation, guarantee, or warranty of any kind or
nature by the city or the planning commission or by any officer or
employee thereof, of the practicality or safety of any structure or
use proposed and shall create no liability upon or cause action
against such public body, officer, or employee for any damage
that may result pursuant thereto.
The degree of flood protection required by this article within
the FP district is considered reasonable for regulatory purposes
and is based on engineering and scientific methods of study. The
district or land uses permitted within such districts will be free
from flooding or flood damage. Nothing contained herein shall
create any liability on the part of the city or any officer, agency or
employee thereof for any flood damage that results from reliance
on this article or any administrative decision lawfully made
hereunder. (6-4-73, § 1.)
Sec. 43H. Appeals.
An applicant for site plan approval as required in this chapter
may appeal the planning commission's decision on the site plan to
the city council. (6-4-73, § 1.)
Article XIII. Exceptions and Modifications.
Sec. 44. Height of chimneys, church steeples, towers, etc.
Chimneys, church steeples, cooling towers, elevator bulkheads,
fire towers, monuments, stacks, stage towers or scenery lofts,
tanks, water towers, ornamental towers and spires, radio and
television towers, grain elevators, or necessary mechanical
appurtenances, may be erected to any height not exceeding the
limitations imposed by any existing or hereafter adopted
ordinances of the City of Charlottesville, Virginia. (2-17-58, §
33-44.)
Sec. 45. Accessory buildings—Generally.
Accessory buildings not exceeding two (2) stories in height may
be erected in a rear yard, but such accessory buildings shall not
occupy more than thirty (30) per cent of a rear yard and shall not
be nearer than two (2) feet to any side or rear lot line, except that
when a garage is entered from an alley, it shall not be located
closer than ten (10) feet to the alley line. (2-17-58, § 33-45.)
Sec. 46. Same—Time of construction; use as dwelling.
No accessory building shall be constructed upon a lot until
the construction of the main building has been actually commenced,
and no accessory building shall be used for dwelling
purposes. (2-17-58, § 46.)
Sec. 47. Yards to be unobstructed.
Every part of a required yard shall be open to the sky,
unobstructed by any structure except for accessory buildings
in a rear yard and except for the ordinary projection of sills,
belt courses, cornices and ornamental features projecting not
to exceed twelve (12) inches. (2-17-58, § 33-47.)
Sec. 48. Occupancy of basement or cellar.
No basement or cellar shall be occupied for residential purposes
until the remainder of the building has been substantially
completed. (2-17-58, § 33-48.)
Sec. 49. Permitted projections into rear yard.
Open lattice-enclosed fire escapes, fireproof outside stairways
and balconies opening upon fire towers and the ordinary
projections of chimneys and flues into the required rear yard
not more than five (5) feet are permitted. (2-17-58, § 33-49.)
Sec. 50. Permitted projections into front yard.
An open unenclosed paved terrace may project into the required
front yard for a distance not exceeding ten (10) feet.
An uncovered entrance or steps containing not more than
sixty (60) square feet may project into the required front
yard for a distance not exceeding six (6) feet exclusive of
steps. (2-17-58, § 33-50.)
Sec. 51. Other permitted projections.
Terraces, uncovered porches, platforms and ornamental
features which do not extend more than three (3) feet above
the floor level of the ground (first) story may project into a
required yard; provided, that these projections shall be at
33-51.)
Sec. 52. Two or more main buildings on one lot or tract.
Where a lot or tract is used for a Charlottesville Redevelopment
and Housing Authority housing project, commercial,
industrial or multiple-dwelling purposes, provided the area
is zoned for these specified uses, more than one main building
may be located upon the lot or tract, but only when such buildings
conform to all open space requirements around the lot
for the district in which the lot or tract is located, or as
required by other codes or ordinances.
Before a building permit can be issued to erect more than
one multiple dwelling building, or any other type building
covered by section 72A(1), upon a lot or tract, a site plan
shall be approved in accordance with sections 72A(2) through
72A(10). (2-17-58, § 33-52; 12-17-62; 1-6-64; 7-26-71.)
Sec. 53. Side yards for dwelling units above commercial
buildings.
No side yards are required where dwelling units are erected
above commercial and industrial buildings. (2-17-58, § 3353.)
Sec. 54. Width of side yards between commercial structures.
Wherever side yards are provided between commercial or
industrial structures, they shall have a minimum width of not
less than five (5) feet. (2-17-58, § 33-54.)
Sec. 55. Front yard adjustments.
The front yards heretofore established shall be adjusted in
the following instances:
1. Where lots have a double frontage, the required front
yard shall be provided on both streets.
2. Where a lot in the R-1, R-2, R-3 or B districts is located
at the intersection of two (2) or more streets there shall be
a side yard on the side street frontage of such corner lot of
not less than twenty (20) feet in the R-1, R-2 and R-3 districts
and five (5) feet in the B district, except that for a lot
and for single and two-family dwellings in the R-3 district
the aforesaid twenty (20) foot side street yard requirement
may be reduced to whatever footage will permit a maximum
buildable width of not more than thirty-two (32) feet, provided
however, that in no case shall such side street yard requirement
be less than ten (10) feet. No accessory building
shall project beyond the front yard line on either street.
3. Where setback lines have been established for street
widening purposes, no building or structure shall be erected
or structurally altered to extend nearer to the street than such
established setback. (2-17-58, § 33-55; 4-6-59.)
Article XIV. Building Lines.
Sec. 56. Building setback line on certain streets.
A building setback line of not less than ten (10) feet is
hereby established on the following streets, which shall be in
addition to any other setbacks hereby required; provided, that
the maximum required setback in any business or industrial
district shall not exceed twenty (20) feet; provided further,
that in any residential district with an established setback of
forty (40) feet or more, the setback required by this section
shall not be applicable:
1. Preston Avenue, between Market Street and Rosser Avenue.
2. West Fourth Street, between Main Street and Preston
Avenue.
3. High Street, between Preston Avenue and Long Street.
4. Jefferson Street, between West Second Street and Park
Street.
5. West Tenth Street, between Preston Avenue and West
Main Street.
6. Deleted.
7. Ware Street, between Garrett Street and Elliott Avenue.
8. Fourteenth Street, between West Main Street and Grady
Avenue.
9. Monticello Road, between Monticello Avenue and the
south city limits.
10. Grady Avenue, between Preston Avenue and Rugby
Road.
11. Rugby Road, between West Main Street and Barracks
Road.
12. Emmet Street, from a point 1,080′ north of the C & O
Railroad underpass to the intersection of Jefferson Park Avenue.
13. Ivy Road and West Main Street, between the west city
limits and Rugby Road.
14. Barracks Road, between Rugby Road and the west city
limits.
15. Jefferson Park Avenue, between West Main Street and
Emmet Street.
16. Avon Street, between Monticello Avenue and the south
city limits.
17. Long Street, between St. Clair Avenue and the east city
limits.
18. Wertland Street, between 10th Street, N. W., and 14th
Street, N. W.
19. Park Street, between High Street and the corporate
limits.
20. Fontaine Avenue, beween the southern city limits and
the intersection of Jefferson Park Avenue. (2-17-58, § 33-56;
7-18-60; 4-3-61; 9-4-62; 9-28-64.)
Article XV. Nonconforming Uses.
Sec. 57. Repealed.
Sec. 58. Continuance of nonconforming use of building.
The lawful use of a building existing at the time of the
adoption of this chapter[28]
may be continued, although such
use does not conform with the provisions hereof, and such use
may be extended throughout the building, provided no structural
alterations, except those required by law or ordinance,
are made therein. (2-17-58, § 33-58.)
Sec. 59. Restoration or completion of damaged or incomplete
nonconforming buildings.
(a) No nonconforming building which has been damaged by
fire, explosion, act of God or the public enemy to the extent of
assessed) value as appearing in the tax assessment records
of the city, or as determined by the city real estate assessor,
shall be restored except in conformity with the regulations
of this ordinance.[29]
(b) No building or proposed building which is nonconforming
as to use, height or area requirements by reason of the
application of this ordinance to a newly annexed area and
which is less than twenty per cent structurally erected on site
on the effective date of this ordinance[30]
or on the date when
it becomes nonconforming, shall be completed or used except
in conformity with the regulations of this ordinance. (2-17-58,
§ 33-60; 2-18-63.)
Sec. 60. Temporary discontinuance of nonconforming use.
In the event that a nonconforming use of any building or
premises is discontinued or its normal operation stopped for
a period of two years or more, the use of the same shall thereafter
conform to the regulations of the district in which it is
located. (2-17-58, § 33-60; 6-7-65, § 1.)
Sec. 61. Enlargement, etc., of nonconforming building or
premises.
No nonconforming building or premises, except when required
to do so by law or ordinance, shall be enlarged, extended,
reconstructed or structurally altered, unless such use
is changed to one permitted in the district in which such building
or premises is located; provided, however, that any
petroleum product bulk storage plant in use as of May 1, 1961,
in a M-1 Industrial area may repair, reconstruct or structurally
alter such plan or a portion thereof if such is done in
compliance with section 11-18 of the Code of the City of Charlottesville,
1965, and other applicable city ordinance. (2-17-58,
§ 33-61; 6-5-61.)
Article XVI. Board of Zoning Appeals.
Sec. 62. Composition; appointment and removal; terms; vacancies;
officers; quorum.
1. The board of zoning appeals shall consist of five residents
of the city, appointed by the corporation court of the
city. Their terms of office shall be for five years each, and the
term of office of one member shall expire each year. The secretary
of the board shall notify the corporation court at least
thirty days in advance of the expiration of any term of office,
and shall also notify the court promptly if any vacancy occurs.
Appointments to fill vacancies on the board shall be only
for the unexpired portion of the term. Members may be reappointed
to succeed themselves. Members of the board shall
hold no other public office in the city; except, that one may
be a member of the city planning commission. A member
whose term expires shall continue to serve until his successor
is appointed and qualifies. Any member of the board may
be removed for malfeasance, misfeasance or nonfeasance in
office or for other just cause by the corporation court, after
hearing held after at least fifteen days notice.
2. The board of zoning appeals shall select one of its members
as chairman and one as vice-chairman and one as secretary,
who shall serve in such capacity for a term of one year
and until their successors have been selected. A majority of
the board shall constitute a quorum for the transaction of
business. (2-17-58, § 33-62; 6-7-65, § 2.)
Sec. 63. Rules; meetings; records.
1. Rules. The board shall adopt such rules from time to
time as it may deem necessary to carry out the provisions of
this ordinance.[31]
2. Meetings. Meetings of the board shall be held at the call
of the chairman, and at such other times as the board may
determine. Such chairman, or in his absence, the acting chairman
may administer oaths and compel the attendance of witnesses.
3. Records and minutes. The board shall keep minutes of
its proceedings, showing the vote of each member upon each
and shall keep records of its examinations and other official
actions, all of which shall be immediately filed in the office of
the board and shall be a public record.
4. Reports to council. The board of zoning appeals shall
submit a report of its activities to the city council at least
once each year. (2-17-58, § 33-63; 6-7-65, § 3.)
Sec. 64. By whom and how appeals taken; fee.
1. An appeal to the board of zoning appeals may be taken
by any person aggrieved or by any officer, department, board
or bureau of the city affected by any decision of the building
official in the administration or enforcement of this ordinance.[32]
Such appeal shall be taken within thirty days after
the decision appealed from by filing with the building official
and with the board of zoning appeals a notice of appeal,
specifying the grounds therefor. The building official shall
forthwith transmit to the board all the papers constituting the
record upon which the action appealed from was taken.
2. Each appeal to the board of zoning appeals shall be accompanied
by a fee of twenty-five dollars to defray the expense
of processing such appeal, such fee to be paid to the
director of finance. (2-17-58, § 33-64; 6-7-65, § 4.)
Sec. 65. Stay of proceedings.
An appeal stays all proceedings in furtherance of the action
appealed from unless the building official certifies to the board
of zoning appeals after the notice of appeal shall have been
filed with the secretary that by reason of facts stated in the
certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be
granted by the board of zoning appeals or by a court of record
on application or notice to the building official and on due
cause shown. (2-17-58, § 33-65.)
Sec. 66. Hearing of appeal.
When an appeal is filed with the secretary of the board
of zoning appeals, the petitioner shall on that same day post
appeal has been filed with the board of zoning appeals for
a variance and/or exception to the Zoning Ordinance. Such
signs shall be furnished by the building official and shall be
located so as to be visible from the street. It shall be the duty
of the petitioner or petitioners to maintain, or to replace
the signs if they are destroyed, until such time as the board
of zoning appeals has disposed of the petition.
The board of zoning appeals shall fix a reasonable time for
the hearing of the appeal, give public notice thereof as required
by section 15.1-431 of the Code of Virginia, as well as
due notice to the parties in interest, and decide the same within
sixty days.
At the public hearing held by the board of zoning appeals
on the petition, the petitioner shall affirm that such posting
has been done; provided however, that if such signs are obliterated
or destroyed during the period required to be
posted such fact shall not be essential to jurisdiction of the
petition by the board of zoning appeals, if the petitioner
satisfies the board of zoning appeals that such signs were
originally properly posted and that such obliteration or destruction
occurred without petitioner's knowledge. (2-17-58,
§ 33-66; 6-7-65, § 5; 2-6-67.)
Sec. 67. Powers of board generally; variances and exceptions.
The board of zoning appeals, in appropriate cases and subject
to appropriate conditions and safeguards, shall have the
following powers:
1. To hear and decide appeals where it is alleged there is
any error in any order, requirement, decision or determination
made by the building official in the enforcement of this ordinance[33]
or of any other ordinance adopted pursuant hereto.
2. To authorize, upon appeal in specific cases, such variance
from the terms of this ordinance[34]
as will not be contrary to
the public interest, when, owing to special conditions, a literal
enforcement of the provisions of this ordinance would result
in unnecessary hardship; provided, that the spirit of this ordinance
When a property owner can show that his property was
acquired in good faith and where by reason of the exceptional
narrowness, shallowness, size or shape of a specific piece of
property as of February 17, 1958, or where by reason of exceptional
topographic conditions or other extraordinary situation
or condition of such piece of property, or of the use or development
of property immediately adjacent thereto, the strict
application of the terms of this ordinance would effectively
prohibit or unreasonably restrict the use of the property, or
where the board is satisfied, upon the evidence heard by it,
that the granting of such variance will alleviate a fairly demonstrable
hardship approaching confiscation, as distinguished
from a special privilege or convenience sought by the
applicant; provided, that all variances shall be in harmony
with the intended spirit and purpose of this ordinance. No
such variance shall be authorized by the board unless it finds:
(a) That the strict application of this ordinance would
produce undue hardship.
(b) That such hardship is not shared generally by other
properties in the same zoning district in the same vicinity.
(c) That the authorization of such variance will not be
of substantial detriment to adjacent property and that the
character of the district will not be changed by the granting
of the variance.
(d) That the authorizing of the variance will not impair
an adequate supply of light and air to adjacent property or
unreasonably increase the congestion of public streets, or
increase the danger of fire or imperil the public safety or unreasonably
diminish or impair established property values
within the surrounding areas, or in any other respect impair
the health, safety, comfort, moral or general welfare of the
inhabitants of the City of Charlottesville.
(e) That the conditions constituting a hardship have
not been created by the applicant's own acts.
No such variance shall be authorized except after notice
and hearing, as required by section 15.1-431 of the Code of
Virginia.
No variance shall be authorized unless the board finds that
the condition or situation of the property concerned or the
intended use of the property is not of so general or recurring
a nature as to make reasonably practicable the formulation of
a general regulation to be adopted as an amendment to this
ordinance.
In authorizing a variance, the board may impose such conditions
regarding the location, character and other features
of the proposed structure or use it may deem necessary
in the public interest, and may require a guarantee or bond to
insure that the conditions imposed are being and will continue
to be complied with.
3. To hear and determine applications for special exceptions
to the terms of this ordinance. Applications for special
exceptions may be made by any property owner, tenant, government
official, department, board or bureau. Such applications
shall be made to the building official in accordance with
the rules adopted by the board. The application and accompanying
maps, plans or other information shall be transmitted
promptly to the secretary of the board, who shall place
the matter on the docket, advertise a public hearing thereon,
which shall be held not less than ten days after such advertising,
and give written notice of such hearing to the
copy of the application to the planning commission, which
may send a recommendation to the board or appear as a party
at the hearing. Such special exceptions shall include and be
limited to the following:
(a) Permit the extension of a district where the boundary
line of a district divides a lot or tract held in single
ownership as of February 17, 1958.
(b) Interpret the provisions of this ordinance where the
street layout actually on the ground, varies from the street
layout as shown on the district map made a part of this ordinance.
(c) Permit the erection and use of a building or the use
of premises in any location for a public service corporation
for public utility purposes which the board deems reasonably
necessary for the public convenience and welfare.
(d) Permit the occupancy of a single detached residence
in an R-1 or R-2 residential district by more than two housekeeping
units, provided:
(1) That such residence shall have been in existence
on January 21, 1932.
(2) That such multiple occupancy shall not be deemed
to alter the character of the neighborhood in which such residence
is located.
(3) That the outside shape of the residence shall not
be altered in any material particular.
(e) Permit the completion and use of any dwelling that
was designed and substantially completed prior to July 23,
1964, for two-family use; provided, that the owner can prove
to the board's satisfaction that the house was designed and
intended for two-family use when originally constructed. Any
dwelling for which an exception under this paragraph (e) is
granted shall be considered a conforming use.
No special exception may be granted pursuant to this section
except after notice and hearing as provided by section
15.1-431 of the Code of Virginia.
Any privilege or variance granted by the board of zoning
appeals under subsection 3 of this section shall be considered
cancelled if the applicant does not avail himself of such
privilege within ninety days from the date of issuance of such
privilege; provided, that the board, for good cause shown,
may, upon proper application and after due notice, extend
additional days.
In exercising the powers granted to it, the board of zoning
appeals may reverse or affirm, wholly or partly, or may modify
the order, requirement, decision or determination appealed
from. The concurring vote of three members shall be necessary
to reverse any order, requirement, decision or determination
of the building official or to decide in favor of the applicant
on any matter upon which it is required to pass under
this ordinance, or to effect any variance from this ordinance.
(2-17-58, § 33-67; 10-5-64; 6-7-65, § 6.)
Sec. 68. Judicial review of decisions of board.
1. Any person or persons jointly or severally aggrieved by
any decision of the board of zoning appeals or any taxpayer
or any officer, department, board or bureau of the municipality
may present to the corporation court of the City of
Charlottesville a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such petition shall be presented to the court
within thirty (30) days after the board has rendered its decision.
The date of rendition shall be the date on which the
board, by vote, makes its ruling, and shall not depend on approval,
entry or signing of the board's minutes.
2. Upon the presentation of such petition, the court may
allow a writ of certiorari directed to the board of zoning
appeals to review such decisions of the board of zoning appeals
and shall prescribe therein the time within which a
return thereto must be made and served upon the realtors'
attorney, which shall not be less than ten (10) days and may
be extended by the court. The allowance of the writ shall not
stay proceedings upon the decision appealed from, but the
court may, on application, on notice to the board and on due
cause shown, grant a restraining order.
3. The board of zoning appeals shall not be required to
return the original papers acted upon by it, but it shall be
sufficient to return certified or sworn copies thereof, or of
such portions thereof as may be called for by such writ. The
return shall concisely set forth such other facts as may be
pertinent and material to show the grounds of the decision
appealed from and shall be verified.
4. If, upon the hearing, it shall appear to the court that
testimony is necessary for the proper disposition of the matter,
it may take evidence or appoint a commissioner to take
such evidence as it may direct and report the same to the
court with his findings of fact and conclusions of law, which
shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may
reverse or affirm, wholly or partly, or may modify the decision
brought up for review.
5. Costs shall not be allowed against the board, unless it
shall appear to the court that it acted in bad faith or with
malice in making the decision appealed from.
6. All issues in any proceeding under this section shall have
preference over all other civil actions and proceedings. (2-1758,
§ 33-68; 7-6-59; 6-7-65, § 7.)
Article XVII. Administration.
Sec. 69. Duties of building official generally.
1. It shall be the duty of the building official to enforce this
chapter.[35]
The building official shall receive applications required
by this chapter and, where appropriate, issue permits
and furnish the prescribed certificate. He shall examine
premises for which permits have been issued, and shall make
necessary inspections to see that the provisions of this chapter
are complied with. He shall, when requested by the city
manager, or when the interest of the municipality so requires,
make investigations in connection with the matters referred
to in this chapter and render written reports on the same.
For the purpose of enforcing compliance with law, he shall
issue such notices or orders as may be necessary.
2. Inspections shall be made by the building official or a
duly appointed assistant.
3. For carrying into effect its provisions, the building official
may adopt procedures consistent with this ordinance.[36]
(2-17-58, § 33-69.)
Sec. 70. Records of building official; reports; assistance from
other officials.
1. The building official shall keep careful and comprehensive
records of applications, of permits issued, of certificates
issued, of inspections made, of reports rendered and of notices
issued. He shall retain on file copies of all papers in connection
with building work so long as any part of the building
or structure to which they relate may be in existence.
2. All such records shall be open to public inspection at
reasonable hours, but shall not be removed from the office of
the building official.
3. The building official shall make a report to the city manager
once each month, or oftener if requested, including statements
of permits and certificates issued, and orders promulgated.
4. The building official may request and shall receive so far
as may be necessary in the discharge of his duties, the assistance
and cooperation of the chief of police in enforcing orders,
of the city attorney in prosecuting violations and of
other city officials. (2-17-58, § 33-70.)
Sec. 71. Permits.
1. Except as hereinafter provided, it shall be unlawful to
begin the grading of a site for construction, to construct, alter,
repair, remove or demolish or to commence the construction,
alteration, removal or demolition of a building or structure,
without first filing with the building official an application
in writing and obtaining a formal permit. Such permit
shall be posted on the site to be graded or built upon in a conspicuous
place parallel to the street in front of the site. In
cases where a person wishes to grade a site prior to the issuance
of a building permit, such grading may be allowed and a
grading permit issued therefor, provided the following prerequisites
are met: detailed plans for grading are submitted
to and approved by the planning commission. Such plans shall
show measures which are to be taken during and after grading
unnecessary runoff. Existing and proposed contours, at five-foot
intervals; provided, however, that a grading profile may
substitute for the proposed contours, existing trees with a
caliper of eight (8) inches or greater and those to be removed
shall be indicated on the plan. Existing and proposed heavily
wooded areas may be designated by symbols coincident with
the area of trees. The time for filing and period for planning
commission consideration shall be the same as contained in
sections 72A(5d) and 72A(7).
2. An application for a permit shall be submitted in such
form as the building official may prescribe; provided, that for
the uses listed in section 72A(1), such permit must be preceded
by an approved site plan. The application for permit
shall be made by the owner or lessee, or agent of either or
the architect, engineer or builder employed in connection with
the proposed work.
3. It shall be the duty of the building official to examine
applications for permits within a reasonable time after filing.
If, after examination, he finds no objection to the same and
it appears that the proposed work will be in compliance with
the laws and ordinances applicable thereto, he shall approve
such application and issue a permit for the proposed work
as soon as practicable. If his examination reveals otherwise,
he will reject such application, noting his findings in a report
to be attached to the application and delivering a copy to the
applicant.
4. The building official may revoke a permit or approval
issued under the provisions of this chapter[37]
in case there
has been any false statement or misrepresentation as to a material
fact in the application or plans on which the permit or
approval was based.
5. Nothing in this section shall prohibit the filing of amendments
to an application or to a plan or other record accompanying
same, at any time before the completion of the work
for which the permit was sought. Such amendment, after
application. (2-17-58, § 33-71; 7-26-71.)
Sec. 72. Certificates of occupancy.
It shall be unlawful to use or permit the use of any building
or premises, or part thereof, hereafter created, erected,
changed, converted, altered, or enlarged, wholly or partly, in
its use or structure, until a certificate of occupancy shall
have been issued therefor by the building official. Such certificate
shall show that such building or premises, or part
thereof, and the proposed use thereof are in conformity with
the provisions of this chapter[38]
; provided that where structures
are completed and ready for occupancy prior to the
completion of all improvements required by the site plan the
owner may provide bond with surety adequate to guarantee
the completion by time certain of such site plan improvements
as relate to the building for which the permit is sought,
and upon the providing of such bond with surety a permit
may be issued for the occupancy of those structures already
completed. The city attorney is authorized to accept instead
of corporate surety, letter of credit, joint savings account or
other like surety. In any case in which any other escrow
agent (such as an attorney for a mortgage lender) is holding
funds to ensure compliance with the terms of other regulations
or agreements, and such funds are in an amount sufficient
to ensure compliance both with the terms hereof and
such other regulations or agreements, the city attorney shall
become a party to such other escrow agreement as escrow
agent for the City of Charlottesville, provided that such other
escrow agreement contains provisions satisfactory to the city
attorney to ensure compliance with the requirements of such
site plan and this ordinance.[39]
(2-17-58, § 33-72; 11-20-72.)
Sec. 72A. Site plan review.
1. To promote the orderly development of certain activities
in the City of Charlottesville, and to ensure that such activities
properties and in the interest of the general welfare, site
plans and site plan review shall be required in addition to
other applicable portions of the City Code before building and
occupancy permits may be issued for the following uses.
(a) A multiple-dwelling, or multiple-dwellings or multiple-dwelling
projects, in accordance with this section and
regulations contained in sections 16, 17, 18, 19 and 52 of this
chapter.
(b) Town houses, in accordance with this section and
regulations contained in section 19.6 of this chapter.
(c) Churches, schools or colleges, public buildings or institutions,
park, playground or community building, country
club or golf course, museum, library or art gallery, airport
or other public area.
(d) Hospitals, clinics and nursing homes.
(e) Hotels, motels or motor courts.
(f) Business buildings, commercial buildings or industrial
buildings if such buildings are to contain more than one
thousand (1,000) square feet of floor area.
(g) Filling stations, in accordance with this section and
regulations contained in section 25.4 of this chapter.
(h) Drive-in banks, in accordance with this section and
regulations contained in section 21.3 of this chapter.
(i) Drive-in restaurants in accordance with this section
and regulations contained in section 25.6 of this chapter.
(j) Automatic car washes, in accordance with this section
and regulations contained in section 25.16 of this chapter.
(k) Self-service car washes, in accordance with this section
and regulations contained in section 25.17 of this chapter.
(l) Parking garages, in accordance with this section and
regulations contained in section 21.2 of this chapter.
2. The planning department may waive the requirements
for site plan review for additions to buildings or projects already
approved, if, in the opinion of the department, such
addition does not substantially affect the conditions of the
original approval.
3. In review and approval of site plans, the planning department
shall examine the proposed development with respect
to the traffic and circulation patterns, internal and external;
relation to major thoroughfares; utilities, drainage
and community facilities, existing or proposed; surrounding
development, existing or future; grading of the site; the preservation
of trees and/or historic sites; provision for open
space and in general with the objective of insuring a durable,
harmonious and appropriate use of the land in accord with
the objectives of the comprehensive plan.
4. Such site plan shall contain all the information required
by applicable laws and ordinances of the City of Charlottesville
and, in addition, shall show the following:
(a) The proposed title of the project and the name of
the engineer, architect, landscape architect or surveyor and
the name of the developer.
(b) The north point, scale and date.
(c) Existing zoning and zoning district boundaries.
(d) The boundaries of the property involved, all existing
property lines, existing streets, buildings, watercourses,
waterways or lakes and other existing physical features in
or adjoining the project.
(e) Topography of the project area with contour intervals
of five feet or less.
(f) The location and sizes of sanitary and storm sewers,
water mains, culverts and other underground structures in
or near the project, including existing and proposed facilities.
Such information shall be provided to the applicant by the
City of Charlottesville engineering department.
(g) The location, dimensions and character of construction
of proposed streets, alleys, loading areas (including
number of parking and loading spaces), outdoor lighting
systems, storm drainage and sanitary facilities, sidewalks,
curbs and gutters and all curb cuts. Such information shall
be provided for the site itself and for an area within fifty
(50) feet of any property line of the site, except that additional
area may be required to be shown to indicate connections
to major utilities.
(h) Location with respect to each other and to lot lines
of all proposed buildings and structures, accessory and main
or major excavations.
(i) Location, height and material of all fences, walls and
screen planting.
(j) Location of all trees on the site with a caliper of
eight (8) inches or greater, except for heavily wooded areas
which shall be designated by symbols coincident with the area
of trees; and an indication of which trees are to be retained
and which are to be removed.
(k) Proposed location and character of nonresidential
uses, commercial or industrial uses, accessory or main.
(l) Location, character, size and height and orientation
of proposed signs, as proposed to be erected in accordance
with chapter 28 of the City Code.
(m) Proposed nature and manner of grading of the site,
including proposed treatment of slopes in excess of 10 percent
to prevent soil erosion and excessive runoff.
For residential developments requiring a site plan, the
following additional information shall be required:
(n) The location and dimensions of proposed lots, setback
lines and easements, and proposed reservations for parks,
parkways, playgrounds, school sites, green area and open
spaces.
(o) The location of proposed buildings, an indication
of each dwelling type and the number of stories and height
of each building.
(p) A tabulation of total number of acres in the project
and the percentage thereof proposed to be allocated to the
several dwelling types, any nonresidential uses, off-street parking,
green area, streets, parks, schools and other reservations.
(q) A tabulation of the total number of dwelling units
of various types in the project and the overall project density
in dwelling units per gross acre.
5. Procedure for obtaining site plan approval—property
already zoned to permit use.
The following procedure is required when no zoning amendment
is necessary. The procedure for sketch site plans involving
zoning amendments is set forth in section 76.5.
(a) Preapplication conference. Prior to the submittal
of a site plan the applicant shall meet with the planning
director to discuss basic site plan requirements and to consider
preliminary features of the site and the proposed development.
(b) Submittal of site plan. Following the preapplication
conference, ten copies of a site plan shall be prepared
by a landscape architect or by a registered surveyor, civil
engineer or architect. The site plan shall show the proposed
general layout, a vicinity map showing the location of abutting
streets, existing and proposed utilities and storm drainage
systems in accordance with the site plan requirements, which
shall be submitted to the planning department.
(c) General statement. A statement describing the general
character of the intended development and the proposed
method of preserving and maintaining open space shall accompany
the ten (10) copies of the site plan.
(d) Review and recommendation. Applications for site
plan approval shall be submitted to the city planning department
a minimum of 14 days prior to the next regular meeting
date of the planning commission. The planning department
shall forward copies of the proposed plans to appropriate
departments of city government for their written recommendations.
6. Approval by the planning department and the planning
commission. The planning department shall review the site
plan for compliance with this article and with other requirements
of the City Code and shall transmit same for review
and approval by the city planning commission. The city planning
commission may hold a public hearing on the site plan
in accordance with article XIX of this chapter, or the planning
commission may waive the public hearing and accept
from its administrative review of the site plan, or the planning
commission may require the developer to make such
changes to the site plan as the planning commission may deem
necessary. An applicant for site plan approval may appeal
the planning department's administrative review and request
that the planning commission hold a public hearing to consider
information in addition to the administrative review
of said site plan. Further appeal may be taken before the city
council.
7. Whenever a site plan is required by the terms of this
ordinance, the site plan shall be approved or disapproved or
approved subject to changes by the planning commission at
the meeting at which it is being considered, if practicable.
However, the planning commission may, if necessary, be allowed
up to 65 days following submittal of the plan to the
planning department for approval or disapproval of same.
8. Building permits may be issued in accordance with approved
site plans, following approval by the planning commission.
The planning director may authorize the building
official to approve minor changes in site plans after approval
by the planning commission so that the building official may
issue building permits accordingly, if, in the planning director's
opinion, such changes do not substantially affect the
original approval, or the planning director may refer changes
of site plans to the planning commission for action in accordance
with the provisions of this article. Such authorization
shall be in writing to the building official.
9. A copy of the approved site plan shall be retained in the
records of the city planning department and the building
official and all building and occupancy permits shall conform
to the provisions of said site plan.
10. An approved site plan shall expire and be null and void
unless a building permit for the construction of the elements
of the site plan has been issued within a period of one (1)
year; provided, however, that the planning commission may
grant an extension of one (1) year. Thereafter, one year extensions
may be granted annually by the planning commission,
but in no case shall the total extension time exceed four (4)
years. (7-26-71; 7-17-72.)
Article XVIII. Interpretation, Purpose and Conflict.
Sec. 73. Minimum requirements; effect on other ordinances,
etc.
In interpreting and applying the provisions of this chapter,[40]
they shall be held to be the minimum requirements for
the promotion of the public safety, convenience, comfort,
morals, prosperity and general welfare. It is not intended
by this chapter to interfere with or abrogate or annul any
ordinance, rules, regulations or permits previously adopted
or issued, and not in conflict with any of the provisions of
this chapter, or which shall be adopted or issued pursuant to
law relating to the use of buildings or premises, and likewise,
not in conflict with this chapter; nor is it intended by this
chapter to interfere with or abrogate or annul any easements,
covenants or other agreements between parties, except that
if this chapter imposes a greater restriction this chapter shall
control. (2-17-58, § 33-73.)
Article XIX. Amendments and Changes.
Sec. 74. Power of council generally.
Whenever the public necessity, convenience, general welfare,
or good zoning practice justifies such action, and after
consideration by the city planning commission, the city council
may, by ordinance, change the regulations set forth in this
ordinance[41]
and may change the zoning districts as established
on the district map. (2-17-58, § 33-74.)
Sec. 75. Initiation of change.
A proposed change of district or text may be initiated by
the city council on its own motion, or in recommendation by
the city planning commission, or by petition of at least a
majority of the property owners within the area proposed to
be changed. All petitions shall be in writing and shall specify:
for seeking the change; and, (3) the names and addresses of
the owner or owners of all property abutting and immediately
across the street from the property whose zoning is proposed
to be changed; provided, however, that if the petition involves
a change of more than twenty-five parcels of land, the provisions
of (3) above shall not be required. The petition and
all data pertaining thereto shall be filed in the office of the
clerk of the city council at least five (5) days prior to a regular
meeting of the council. The petition shall not be filed by
the clerk of the council until a fee of fifteen dollars ($15.00)
has been paid to the city for the advertising of such petition.
Once a petition for rezoning has been advertised for public
hearing, neither the planning commission nor the council shall
again consider a petition for the same property in whole or
in part within a period of one year from the date it was first
filed with the clerk of the council. (2-17-58, § 33-75; 10-19-64;
11-20-67; 6-7-71.)
Sec. 76. Procedure.
1. All proposed amendments to this ordinance shall be referred
to the planning commission for recommendation and
report prior to action thereon by the city council. The planning
commission shall hold at least one public hearing on
such proposed amendments and may make appropriate
changes in the proposed amendments as a result of such hearing.
Upon the completion of its work, the planning commission
shall present the proposed amendment to the city council,
together with its recommendations and any appropriate explanatory
materials deemed necessary by the planning commission.
The failure of the planning commission to report
within ninety days after the first meeting of the commission
after the proposed amendment has been referred to the
commission shall be deemed approval.
2. Before approving and adopting any amendment to this
ordinance, the city council shall hold at least one public hearing
thereon, after which the city council may make appropriate
changes or corrections in the proposed amendment; provided,
that no additional land may be zoned to a different
by this section without an additional public hearing after
notice as required by this section. An affirmative vote of at
least a majority of the members of the city council shall be
required to amend any provision of this ordinance.
3. When public notice is required by this Appendix, the
planning commission shall not recommend nor the city council
adopt any plan, ordinance or amendment until notice of intention
to do so has been published once a week for two successive
weeks in some newspaper published or having general
circulation in the city; provided, that such notice for both
the planning commission and the city council may be published
concurrently. Such notice shall specify the time and place
of hearing at which persons affected may appear and present
their views, not less than five days nor more than twenty-one
days after final publication. The planning commission and
city council may hold a joint public hearing after public notice
as set forth hereinabove. If such joint hearing is held then
public notice as set forth above need be given only by the
city council.
When a petition for a change in a district classification is
filed with the clerk of the council, the petitioner shall on that
same date post a sign or signs as follows:
For one lot—one sign visible from the abutting street.
For two through ten contiguous lots—one sign at each
end of the lots sought to be changed, and there shall be at least
one sign visible from each abutting street.
For an entire subdivision of more than 10 contiguous
lots—two (2) signs posted adjacent to each street in the subdivision.
Such signs shall contain the following:
Application has been made to the city council to change
the zoning classification for this property from [OMITTED] to [OMITTED]
For information, call the city planning department.
Such signs shall be furnished by the building official and
shall be located so as to be clearly visible and readable from
the street.
Signs on each property shall not be deemed necessary to
adopt a new zoning district map for the city.
4. Except upon application of a property owner or his
agent, when a proposed amendment of this ordinance involves
a change in the zoning classification of twenty-five or less
parcels of land, then, in addition to the advertising as required
in the preceding paragraph, written notice shall be
given at least five days before the hearing to the owner or
owners, their agent or the occupant, of each parcel involved,
and to the owners, their agent or the occupant of all abutting
property and property immediately across the street or road
from the property affected. Notice sent by registered or certified
mail to the last known address of such owner, as shown
on the current real estate tax assessment books, shall be
deemed adequate compliance with this requirement.
5. Before any zoning amendment is granted to allow the
uses listed in section 72A(1), a sketch site plan must be
submitted to the clerk of the council along with the application
for zoning change. Such site plan shall contain the following:
Property lines.
All adjoining properties and their zoning classifications.
Location of existing building or buildings and proposed
building or buildings on the site with use of each building
indicated thereon.
Layout of off-street parking, indication of proposed curb
cuts, new curb and gutter, sidewalks, etc.
Landscaping and buffering details.
Adjacent streets, showing pavement widths.
Name and address of petitioner.
Name and address of owner. (2-17-58, § 33-76; 6-7-65,
§ 8; 11-21-66; 2-17-69; 7-26-71.)
Article XX. Violations.
Sec. 77. Penalty; order to conform.
Any person who violates any of the provisions of this ordinance[42]
shall, upon conviction, be fined not less than ten
dollars ($10.00) nor more than two hundred fifty dollars
shall constitute a separate offense. The court may,
after due notice, order conformity with the provisions of this
ordinance. (2-17-58, § 33-77; 6-7-65, § 9.)
Article XXI. Validity.
Sec. 78. Severability.
If any section, subsection, sentence, clause or phrase of the
text, or if any district, zone, division, tract or section of the
map of this ordinance[43]
is for any reason declared invalid by
a court of jurisdiction, such decision shall not affect the validity
of the remaining portions of this ordinance. (2-17-58, §
33-78.)
Article XXII. Conflicting Provisions Repealed.
Sec. 79. Repeal of conflicting ordinances.
All ordinances or parts of ordinances in conflict herewith
are hereby repealed. (2-17-58, § 33-79.)
Article XXIII. Effective Date.
Sec. 80. When ordinance and map effective.
This ordinance,[44]
including the building zone map of Charlottesville,
designated "district map," dated February 17,
1958, as heretofore amended, shall become effective on February
17, 1958. (2-17-58, § 33-80.)
| The code of the city of Charlottesville, Virginia, 1965 : | |