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
which will be designated to retard soil erosion and prevent
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
approval, shall be filed with and be deemed a part of the original
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
are developed in a manner harmonious with surrounding
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
the findings and recommendations of the planning department
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.)
