University of Virginia Library

CHAPTER XLI.

Building Code.

Sec. 494(1). Definition of terms.

For the purpose of this section the following definitions,
terms and their applications shall be used, unless otherwise expressly
stated:

Alley.—Any right of way or easement used or laid out as a
means of access to or egress from two or more properties,
whether the same be open or not.

Areaway.—An open sub-surface space adjacent to a building
for lighting purpose or ventilating of basements.

Attic.—A space situated wholly or partially within the roof.
An attic, when it is used for business purposes or living quarters
shall be considered a story.

Basement.—The lower part of a building, the floor of which
is below the grade of the lot or street.

Sub-Basement.—That portion of a building next below the
basement.

Bay Window.—A projection beyond the wall of a building,
pierced by one or more window openings, the entire weight of
which is carried by the wall.

Beam.—A piece of timber, iron, concrete, stone, or other material
placed horizontally, or nearly so, to support a load over a
space below.

Building.—For purposes relative to this section all buildings
herein referred to shall be within either of the following classes
to-wit:

(1) Building.

(2) Altered Building.

Building.—Any structure affording shelter, whether erected,
constructed, renovated, or remodeled.

Altered Building.—Any building (other than as above defined)
changed either in use or occupancy, or by physical variation
in construction, or otherwise, not to exceed twenty-five per
centum (25%) of the assessed valuation of said building.

Church.—A building or structure used for divine worship or
religious instruction, including all social rooms connected therewith.

Columns.—Isolated vertical supports other than piers.

Concrete.—A combination of water, cement, sand and stone,
or other coarse aggregate, forming a solid mass.

Courts.—An open and uncovered space, other than a yard on
the same lot with a dwelling. A court not extending to the street
or the front or rear yards is an inner court. A court extending
to the street or front or rear yards is an outer court.

Curb Line.—The face or exposed side of the curb actually
constructed, or the line designated as such by the City.

Dwelling.—(a) Any house or building, or portion thereof,
which is used in part or in whole as a home, residence, or sleeping
place for one or more human beings, either permanently or
transiently.

(b) Private dwelling is any building which shall be intended,
designed, or used as the home or residence of not more than
three separate and distinct families or households, and in which
not more than five rooms shall be used for the accommodation
of boarders, and no part of which is used for commercial purposes.

Depth of a Building.—Same as the length.

Elevator.—A platform or cab, mechanically operated, in a vertical
shaft for the conveyance of passengers or goods.

Factor of Safety. — The quotient obtained by dividing the
breaking load or ultimate strength by the safe load.

Factory.—Any building in which goods, wares, merchandise,
or other materials are manufactured.

Fireproof.—The definition as contained in the latest regulations
of the National Board of Fire Underwriters.

Fire Doors and Metal Clad Doors.—The above terms shall
mean only doors, windows, and shutters as defined in the latest
regulations of the National Board of Fire Underwriters.

Fireproof Buildings.—The term fireproof buildings shall apply
to all buildings in which the principal parts are made of incombustible
materials, these principal parts consisting mainly in
walls, floor construction, roof construction, furring, ceiling, stairs
and all shaft enclosures. The finish of the floors, the windows,

and frames and doors, frame and trim may be of wood or other
materials when not in violation of the provisions of this chapter.

First Story.—That portion of a building the floor of which is
immediately above the basement.

Floor.—The structure or portion thereof, forming the upper
covering of a basement or story and the lower covering of any
other story.

Footings.—The spread bottom bearing course or courses of a
foundation, pier, or column.

Foundation.—That portion of the supporting walls, piers, etc.,
below the beams of the first story, including the footings. Any
wall or pier built below the adjacent curb line or nearest tier of
beams.

Frame Construction.—A building or structure of which the
exterior walls or portions thereof shall be constructed of wood.
Buildings sheathed with boards and partially or entirely covered
with four inches of brick or stone work, shall be termed frame
buildings. Wood frames covered with metal, whether the frames
are sheathed or not with boards, shall be deemed frame buildings.

Grade.—The surface of the ground, lawn, court, or sidewalk
adjoining a building.

(a) Established Grade. The grade of the street curb fixed
by the City.

(b) Natural Grade. The undisturbed natural surface of the
ground.

(c) Finished Grade. The grade of the exposed surface of
the ground when the proposed structure is completed.

Garage.—A building in which is housed for any purpose, self-propelled
vehicles designed for the use of inflammable liquids
for fuel or power, where tanks for such liquids are attached to
the machine, whether or not such tanks contain any inflammable
liquids.

Girders.—A structural piece of material placed horizontally or
nearly so, which supports the ends of beams or joists or large
floor slabs.

Hotel.—Every building or part thereof, intended, designed or
used for supplying food and shelter to transients, residents or
guests, and containing more than fifteen (15) sleeping rooms.

Incombustible Material.—A substance which will not burn and

which when heated to a point of disintegration will not support
combustion.

Lintel.—The beam or girder placed over a door or window
opening.

Load.—(a) The Dead Load. The actual weight of walls,
floors, roofs, partitions, and all other permanent construction.

(b) The Live Load. All imposed, fixed, or transient loads,
other than the dead loads, due to the use or occupancy of buildings
and their exposure to the wind pressure, and the elements.

Lodging Houses.—Any house or building or portion thereof,
in which persons are harbored or lodged, for hire a single night
or less than a week at a time at any one period, or any part of
which is let for any one person to sleep in, for any term less than
a week.

Lot Line.—The line of demarcation between the properties of
different owners.

Length of Buildings.—The greatest horizontal dimension of
any building shall be its length.

Mortars.—a. Portland Cement Mortar. Portland cement mortar
shall be made of Portland cement mixed with sand, proportioned
as follows: One part Portland cement to not more than
three parts sand by volume to which lime putty may be added in
amount not exceeding 15% by volume.

b. Lime Mortar. Lime mortar shall be made of one part lime
and not more than three parts sand to which shall be added not
less than 25% of Portland cement by volume.

c. Masonry Cement Mortar. Masonary cement mortar shall
be made in accordance with the specifications as recommended
by the cement manufacturer, but in no case shall be less than the
proportion of one part masonary cement to three parts sand by
volume.

When masonry cement is used it must be approved by the
Building Inspector.

All mortars shall be mixed in accordance with the best practice
and shall be used immediately after being mixed.

Masonry.—Built-up brick work, stone tile, or other similar
construction.

Office Building.—Every building which shall be divided into
rooms, designed or used for office purposes, and no part of which

be used for living purposes, excepting only for the janitor and
his family.

Offset.—The shoulder or difference in thickness of a wall.

Partitions.—A non-bearing wall reaching from the floor to
the ceiling or partially to the ceiling, separating the space one
from another.

Party Line.—Same as lot line.

Piers.—Isolated masses of masonry or concrete, forming supports
for structural members.

Repairs.—The construction or renewal of any part of an existing
building for the purpose of its maintenance in its present
class of construction.

School.—All public and private schools, colleges, academies,
seminaries, museums, and art galleries, including buildings and
structures or portions of same, containing one or more rooms
used for the purpose of acquiring knowledge or for mental training.

Shaft.—A vertical enclosed space passing through at least one
floor and used for ventilation, stairways, elevator, wiring or piping
purposes.

Sprinkler System.—Whenever a sprinkler system is required
or mentioned in this section in any building or portion thereof
the entire installation shall be made in accordance with the latest
regulations of the National Board of Fire Underwriters, covering
this class of work.

Stables.—Any building used or designed for the keeping of
horses, cows, or other livestock.

Story.—That portion of a building comprised between the
floor and the floor above, or the roof next above.

Tenement and Apartment Houses.—Every building which shall
be designed or used for the home or residence of more than
three families.

Theatre.—A building, or part of a building, intended for use
in the production of dramatic, operatic, vaudeville, motion picture
shows, or similar entertainment as a usual business.

Walls—Bearing.—A wall which supports any load other than
its own weight.

Wall—Curtain.—Any non-bearing wall columns and piers and
which is not supported by beams or girders at each story.

Walls—Division.—A bearing wall or non-bearing wall running
between the exterior walls sub-dividing a building into different
parts.

Walls—External.—Any other walls or vertical enclosure of a
building other than a party wall.

Wall—Fire. — A division wall which extends through and
at least three (3) feet above the roof, excepting in fireproof
buildings, and in which all openings are protected by fire windows
and doors. Also any division or partition walls dividing
spaces into limited areas for fire protection purposes. A wall
subdividing a building to restrict the spread of fire.

Wall—Foundation.—See "Foundations."

Wall—Panel or Inclosure.—A non-bearing wall in a skeleton
structure built between columns or piers and supported at each
story.

Wall—Partition.—See "Partition."

Wall—Parapet.—That partition of a wall which extends above
the roof line.

Wall—Party.—A wall that separates two or more buildings,
and used or to be used, jointly by separate buildings or owners.

Wall—Retaining.—A wall designed or built to withstand
lateral pressure of adjoining earth or other material.

Wall Thickness.—The minimum thickness as given in this section.

Width of a Building.—The next to the greatest horizontal dimension
of a building.

Warehouses.—All buildings used for storage of goods, wares
or merchandise.

Wells. — Open spaces other than shafts passing through at
least one floor.

Sec. 494(2). Fire limits—congested fire limits.

The following shall and are hereby declared to be the Fire
Limits:

(a) Congested Fire Limits.—Beginning at a point on Ninth
Street, N. E., one hundred and fifty feet north of High Street,
thence by a line one hundred and fifty feet north of and parallel
to High Street westerly to a point one hundred and fifty feet
west of Second Street, N. W., thence in a southerly direction

parallel to Second Street, N. W., to a point one hundred and
fifty feet north of Main Street, thence in a westerly course one
hundred and fifty feet north of and parallel to Main Street to
the west side of Fourteenth Street, thence south along the west
side of Fourteenth Street to a point where the C. & O. Railroad
crosses Main Street, thence along the north side of the C. & O.
Railroad in a westerly direction to where Madison Lane, if extended,
would cross said Railroad, thence along Madison Lane in
a southerly direction to Main Street (University Avenue), thence
along Main Street in an easterly direction to the C. & O. Railroad,
thence along said Railroad to Ridge Street, thence leaving said
Railroad in a south-easterly direction along Ridge Street to Garrett
Street, thence along Garrett Street in an easterly direction
to Fifth Street, S. E., hence in a northeasterly direction along
Fifth Street, S. E., to a point one hundred feet south of the C.
& O. Railroad, thence in an easterly direction parallel to and one
hundred feet south of said Railroad to a point on Seventh Street
East, thence northerly along Seventh Street, East to Market
Street, thence east along Market Street to Ninth Street, East,
thence following Ninth Street to the point of beginning.

(b) Fire Limits.—The following shall be and are hereby declared
to be the fire limits:

Beginning on the Ivy Road at the western end of the limits of
the City of Charlottesville, thence following the limits of the City
of Charlottesville by a broken line in a general northeasterly direction
to the old Barracks Road, also called Preston Avenue,
thence in a southerly direction along the old Barracks Road or
Preston Avenue, to a point where Charlton Avenue, if extended
would meet the old Barracks Road, thence in a southeasterly direction
along Charlton Avenue to the new double track line of
the Southern Railroad, thence following the line along where
Charlton Avenue would run if it were extended in a straight
line to the old line of the Southern Railroad, thence in a northeasterly
direction along center line of the old Southern Railroad
to the line of the corporate limits of the City of Charlottesville,
before the extension of 1916, thence following said old Corporate
line to Park Street, thence in a straight line in a northeasterly
direction to the northwestern end of Hazel Street, thence along
Hazel Street to the Free Bridge Road, thence up the Free Bridge

Road in a westerly direction to Meade Avenue, thence along
Meade Avenue to Market Street, thence in a straight line to
where Carlton Road crosses the C. & O. Railroad, thence along
Carlton Road to Carlton Avenue, thence east along Carlton Avenue
to the Corporate limits of the City of Charlottesville, thence
along the corporate line to Elliott Avenue, thence along Elliott
Avenue, to the Scottsville Road, thence in a straight line to the
eastern end of Lankford Avenue, thence following Lankford
Avenue to Ridge Street, thence along an unnamed alley in the
line of the extension of Lankford Avenue, to 5th Street, S. W.,
thence along 5th Street, S. W., in a westerly direction to Apple
Street, thence in a straight line to Elm Street, and along Elm
Street to 9th Street, S. W., thence in a northerly direction along
9th Street, S. W. to Cherry Street, thence along Cherry Street
to the Corporate limits of the City of Charlottesville, thence following
the Corporate limits of the City of Charlottesville as established
in 1916 by the annexation to the point of the beginning.

Sec. 494(3). Building inspector — appointment—term
—compensation—bond.

A Building Inspector shall be appointed by the City Manager
subject to the approval of the Council. He shall hold office at
the pleasure of the City Manager and shall receive such compensation
as the Council, on the recommendation of the City Manager,
may fix. The Building Inspector shall give bond in such
manner as the Council may deem necessary.

Sec. 494(4). Building inspector—duties.

The Building Inspector shall be charged with the duty of enforcing
the building laws. He shall also perform such other duties
as the City Manager may assign to him.

He shall inspect all buildings in course of erection, alteration
or repair for the purpose of seeing that the laws and ordinances
are complied with. He shall issue building permits as hereafter
provided.

The Building Inspector shall not engage in the construction
business or any other business pertaining thereto or be interested,
either directly or indirectly, in any firm or corporation engaged
in said lines of business during his term of office.

Sec. 494(5). Establishment of street lines—plat required.

Whenever any person, firm or corporation proposes to erect any
house, wall, structure, or fence, or addition thereto within the
corporate limits, such person, firm or corporation shall cause to
be made by a certified surveyor a survey of the lot on which said
structure is to be erected which shall show the true street line
and a blueprint thereof shall be submitted to the Building Inspector
for approval.

The Building Inspector may waive the foregoing portion of
this section if, after an inspection of the lot on which the structure
is to be erected, he shall satisfy himself that the proposed
structure will not encroach upon the true street line, or violate
the zoning laws, and that there be no necessity for the making
of such survey.

In any case, where the Building Inspector ascertains that any
such building or structure encroaches upon the true street line, it
shall be the duty of the City Manager to notify said person, firm
or corporation in writing to remove such building or structure
from the true street line so that it will not encroach thereon; and,
upon failure for a period of five days by such person, firm or
corporation to comply with the written notice from the City
Manager, such person, firm or corporation shall be fined as provided
in subsection 50 of this section.

Sec. 494(6). Permit—when required—fees.

(a). Before the erection, construction, or alteration of any
building or structure or part thereof, and before the installation
or alteration of the plumbing, drainage, piping, or wiring thereof,
where the total cost of such building or structure will be in
excess of Fifty Dollars, application for a permit for the erection,
construction, or alteration of such building or structure or part
thereof shall be made to the Building Inspector, by the owner or
owners of their authorized agent, and it shall be unlawful for
any person, firm or corporation to begin the erection, construction,
or alteration of any such structure or part thereof until a
proper permit has been issued therefor.

(b). Application shall be made on forms furnished by the
Building Inspector which shall contain such information as he

may require, and said application shall be accompanied by such
plans and specifications as will give full information as to the
character of the building, its size, arrangement of rooms, halls,
closets, and stairways, and the material to be used in its construction;
and the City Manager or Building Inspector may require
such additional drawings, specifications, strain sheets and
other information which either of them may deem necessary.

(c). No building shall be moved until a permit has been obtained
from the City Manager; who shall not issue such permit
if in his judgment the proposed new location of the building
would increase the fire hazard of the surrounding buildings,
(unless a certificate is obtained by the owner from the National
Board of Fire Underwriters stating that such removal would
not increase the fire hazard of the surrounding buildings adjacent
to the proposed new location), or would be in violation of the
zoning or other ordinances of the City.

(d). The estimated cost of all buildings for the purpose of
determining the fees to be charged for all permits shall be the
total cost to the owner or owners, of the building and all appurtenances.
When constructed on a cost plus basis the estimated
cost shall include the actual cost plus the percentage
charged, specified or contracted for. When there is more than
one contract covering different portions of the building, or different
classes of work on the same building, the estimated cost
shall be the sum total of the several contract prices for each class
or portion of the whole work.

(e) The City Manager may revise the estimate of the cost of
any proposed building or structure, or alteration thereof for
which application is made for a permit, and may require a
sworn statement of the applicant as to the cost thereof.

(f) When a permit is granted hereunder, the party receiving
it shall apply for the grade and line of the sewer nearest to his
property and make his building or structure conform thereto.

(g) Any party receiving a permit as provided herein shall apply
for the grade of the streets and sidewalks adjacent to this
property, and so construct his building as to conform thereto.

(h) No permit required hereunder for erection, construction
or alteration of a building or structure shall be issued unless the

proper fee accompanies the application; the fees for permits issued
hereunder shall be as follows:

     

Where the total cost does not exceed $1,000.00	$ 1.00
For each additional $1,000.00 or fraction	1.00
Maximum fee required	150.00

Sec. 494(7). Change in structure after permit is issued.

If after a permit has been issued, or during the progress of,
or the execution of any work on any building or structure, it
is desired to materially alter or deviate in any manner from the
construction or any essential feature as called for in the approved
plans or specifications, for such building or structure, notice of
the desire or intention on the part of the owners or builder of
such building or structure, shall be given to the Building Inspector
in writing, setting forth in detail the desired changes;
and if approved, he will give the applicant his written approval
of the requested change, otherwise no change will be permitted
in the plans and specifications as originally approved.

Sec. 494(8). To what buildings and structures these
regulations apply.

Upon the completion of such buildings, structure or alteration,
provided no violations exist, the City Manager or other officials
designated by him, shall issue to the owner a certificate of occupancy
of the proposed building or part thereof, stating the
purpose for which such building or structure may be used. There
shall be no occupancy until after such certificate has been issued
for such building or structure or part thereof.

Sec. 494(9). Foundation.

(a) Every building hereafter erected, except buildings erected
upon solid rock, shall have a concrete, brick, stone or masonry
foundation wall, laid in Portland Cement Mortar extending
around the entire area to be occupied by the building and below
the curb grade at least eighteen (18) inches, or the finished grade
of a lot if the building does not immediately join the sidewalk.
Except that frame dwellings costing $2,000.00 or less may be
constructed upon wood, concrete or masonry posts.

(b) The foregoing paragraph shall not apply to sheds, private

garages with space for not more than four vehicles, barns,
poultry houses, and other similar structures, costing $1,000.00
or less.

Sec. 494(10). Walls, cornices, and roof required within
the congested fire limits.

Every building hereafter erected within the congested fire limits
shall be inclosed on all sides with walls constructed wholly of
stone, well-burned brick, concrete, or other equivalent incombustible
material; and shall have the roof, top, and sides of all roof
structures, including dormer windows, covered with materials
equal to or better in fire resistive qualities than class "C" roof
covering materials as defined by the National Board of Fire Underwriters.
All cornices shall be of incombustible material except
residences and buildings other than business houses which
are not less than ten feet from the nearest street or property
line.

Sec. 494(11). Permissible wooden structures within the
congested fire limits.

No frame or wooden structure shall hereafter be built within
the congested fire limits as given herein or within the congested
fire limits as may hereafter be established, except for the following,
and all roofs placed upon such buildings or structures
shall be of class "C" roof covering material or better as defined
by the National Board of Fire Underwriters:

(a) Temporary one story frame buildings for the use of
builders.

(b) Bay windows when covered with incombustible material.

(c) Out houses not over ten feet high with floor space of
not more than one hundred square feet, where the cost of same
does not exceed seventy-five dollars, when in the judgment of
the Building Inspector, the fire hazard to the surrounding buildings
would not be materially increased.

(d) Rooms and inclosed porches with a floor space not exceeding
one hundred square feet may be added to existing frame
structures.

Sec. 494(12). Repairing frame building within congested
fire limits.

Any existing frame building within the congested fire limits,
which may hereafter be damaged by fire, decay, or otherwise to
an amount greater than one-half of its present value, exclusive
of the foundation shall not be repaired or rebuilt, but shall be
removed.

No building shall be altered or remodeled for use as an apartment
if same contains more than five apartments unless same
be of fireproof construction.

Sec. 494(13). What buildings required to be fireproof.

(a) All buildings erected, altered or remodeled, for the use
of a public garage, coffee roaster, bakeries, dry cleaning establishment,
laundries, theatres, schools if over one story and basement
in height, hotels if over two stories and basement in height,
within the fire limits shall be of fire proof construction.

(b) All buildings over 55 ft. or four stories in height shall be
of fire proof construction, except that this shall not apply to
domes, towers, or spires of churches or of other public buildings.

(c) All buildings designed for use as tenements and apartments
if containing more than five apartments and if more than
two stories and basement in height.

Sec. 494(14). Mill building and factory construction.

Factory and mill buildings of any type over one story in height
shall be constructed in accordance with mill construction or slow-burning
construction as defined by the National Board of Fire
Underwriters.

Sec. 494(15). Limits of height and area.

(a) Except as specified in subsection 31 of this section, no
building hereafter erected within the corporate limits, having
walls of hollow terra cotta or concrete blocks, shall exceed three
stories, or forty (40) feet in height.

(b) The floor area between fire walls of non-fireproof buildings
shall not exceed the following: When fronting on one
street, 5,000 square feet; when fronting on two streets, 6,000
square feet, and when fronting on three streets, 7,500 square

feet. These area limits may be increased under the following
conditions as indicated:

For non-fireproof buildings, fully equipped with approved
automatic sprinklers, 66 2/3%.

For fireproof buildings, not exceeding 125 feet in height,
50%.

For fireproof buildings not exceeding 125 feet in height fully
equipped with approved automatic sprinklers, 100%.

Sec. 494(16). Walls.

For the purpose of determining wall thickness as specified in
this subsection basements and subbasements shall be considered
as stories.

(a) The exterior or division walls of all buildings hereafter
erected within the corporate limits shall be of sufficient thickness
to support the load to be carried; but in no case shall a brick,
stone, concrete, or hollow block wall be less than twelve (12) inches thick except panel walls, non-load bearing and in dwelling
house class.

(b) Walls, for warehouse class only (excepting party and
fire-walls, for all buildings of other than the dwelling house
class) not exceeding four stories or fifty-five (55) feet in height,
shall have the upper two stories not less than twelve (12) inches
thick, increasing four (4) inches in thickness for each two
stories or fraction thereof below.

(c) For all walls of buildings of the dwelling house class the
upper two stories shall be not less than eight (8) inches thick,
increasing four (4) inches in thickness for each two stories or
fraction thereof below, excepting that gable walls shall not necessitate
an increase in wall thickness.

(d) Panel walls in skeleton construction must be of masonry
laid in cement mortar or masonry cement if approved and shall
be at least 8″ thick where the vertical distance between girders
does not exceed 10 ft. and shall be increased 4″ for each ten foot
or fraction thereof that the said vertical distance exceeds ten
foot.

Curtain walls must be of masonry laid in cement mortar or
masonry cement mortar if approved and shall be not less than
12″ thick, increased 4″ for every additional section of 3 stories

or 45 ft. They shall be anchored to the framing at each floor
level, anchors spaced not more than 6 ft. apart horizontally.

(e) In all buildings except dwellings, frame buildings, and
skeleton construction, party walls and fire walls which serve as
bearing walls on both sides, shall be not less than sixteen (16)
inches thick in the upper two stories or upper thirty (30) feet,
increasing four (4) inches in thickness for each two stories or
fraction thereof below. All other fire walls shall be not less than
twelve (12) inches thick in the upper four stories for upper
fifty feet, increasing four (4) inches in thickness for each two
stories or fraction thereof below. Portland Cement Mortar or
approved Masonry Cement Mortar only shall be used in such
walls.

(f) Reinforced stone or gravel concrete walls, with the steel
reinforcement running both horizontally and vertically and weighing
not less than one-half (½) pound per square foot of wall,
may have a thickness four (4) inches less than that prescribed
for brick walls.

(g) Walls built of rubber stone shall be increased 1/3 in. in
thickness over that required for brick walls under similar conditions.

(h) All exterior and division walls over one story high, excepting
such walls that face on a street and are finished with
incombustible cornices, gutters, or crown mouldings, the walls
of detached dwellings with peaked or hipped roofs, shall extend
the full thickness of the top story to at least three foot above
the roof at all points, except that on dwellings the parapets may
be reduced to two foot and in all cases shall be properly coped.
This paragraph does not apply to division walls in fire proof
buildings.

(i) Hollow building blocks may be used for masonry walls
excepting party and fire walls and shall be of sufficient strength
to safely carry the loads imposed upon them. The specification
and method of computing this strength of hollow building blocks
shall be in accordance with the requirements established by the
National Board of Fire Underwriters.

(j) All walls and partitions in schools, hospitals and places of
public assemblage, over one story high, and all walls and partitions
in theatres, shall hereafter be built of brick, stone, hollow

or solid blocks, or metal lath and Portland Cement plaster on
metal studding, or other equivalent incombustible construction.

Sec. 494(17). Concrete construction.

Concrete for reinforced concrete construction shall consist of
a wet mixture of one part of Portland Cement to not more than
six parts of aggregate, fine and coarse, in such proportions as
to produce the greatest density.

The quality of the materials, the design, and the construction
shall be in accordance with the best engineering practice.

Sec. 494(18). Steel construction.

Where structural steel is used in construction it shall be in accordance
with the latest regulation of the American Institute of
Steel Construction.

Sec. 494(19). Protection of ends of wooden beams.

The ends of all floor, ceiling, or roof beams, entering a party
or fire wall from opposite sides, shall be separated by at least
six (6) inches of solid masonry. Such separation may be obtained
by corbeling the wall, or staggering the beams, or the
beams may be supported by steel wall hangers, but no wall shall
be corbeled more than two (2) inches for this purpose. The
ends of the wooden beams which enter walls shall be cut to a
bevel to make them self-releasing.

Sec. 494(20). Protection of wall openings.

(a) If the opening be in a party or fire wall it shall have a
standard automatic fire door on each side of the wall. If an
opening in a fire wall is made to serve as an emergency exit, it
shall not exceed forty-eight (48) square feet in area, and a self-closing
door shall be substituted for one of the automatic fire
doors.

(b) Every building within the congested fire limits except
dwellings shall have standard fire doors and standard fire windows
on every exterior opening except when fronting on street
not less than 30 ft. wide or where no other building is or can be
built within 30 ft. of such opening and excepting show windows.
Where glass is used for such openings same shall be wired glass

and in accordance with the requirements of the National Board
of Fire Underwriters.

(c) Occupants of buildings shall close all exterior and interior
fire doors, fire shutters, and fire windows at the close of
business each day.

Sec. 494(21). Stairway and elevator shafts.

(a) In the buildings hereafter erected, except private dwellings,
which are used above the first floor for business purposes
or for public assemblage, or for any purpose whatever if over
two (2) stories high, the stair shafts shall be separately and
continuously enclosed by incombustible partitions. Elevator shafts
in all buildings hereafter erected shall be enclosed in the same
manner. The partitions shall be constructed of brick or other
fire-resistive material approved by the City Manager or other designated
official, and all mortar used in the construction shall be
Portland Cement mortar. No hollow partition shall be less than
six (6) inches thick, no brick partition less than eight (8) inches
thick. The stairways and landings shall be constructed entirely
of fireproof material.

(b) All openings in elevator, stair, or other shaft enclosures
shall be protected by self-closing fire doors, fire windows, fire
shutters or other approved self closing fireproof equipment.

(c) Doors opening into stairway shafts shall swing in the direction
of exit travel, shall be self-closing and shall be at least
thirty-six (36) inches wide.

(d) The enclosure walls for all elevator shafts shall extend
at least three (3) feet above the roof, and there shall be a sufficient
opening in the shaft above the roof line to provide for the
release of smoke or gases.

Sec. 494(22). Skylights over stairway and elevator
shafts.

Where a stairway, elevator or dumb waiter shaft extends
through the roof, if covered by a skylight, the skylight shall be
constructed with incombustible frame and sash, glazed with ordinary
thin glass, and shall be protected by a galvanized steel
wire screen with a mesh not exceeding one inch, and the wire
not smaller than No. 12 gauge. The screen shall have metal

supports and be placed not less than 6 inches above the skylight.
Instead of a skylight, windows or doors with a total glass opening
of the size and construction as required of skylights, may be
placed in the side or sides of the shaft above the roof which is
farthest removed from a property line. The window shall have
incombustible frame and sash, and be glazed with thin glass.

Sec. 494(23). Fire escapes from buildings of three
stories and over.

It shall be the duty of the owner of every factory, workshop,
mill, saw-mill or place where the manufacture of goods of any
kind is carried on, hotel, school building, college, hospital, orphan
asylum, mercantile establishment and office building of over
three stories in height, or where as many as fifteen persons are
employed, lodged, entertained or instructed above the second
story of such building, then of three stories in height, and theaters
and public places of amusement, regardless of height, to
provide for the safe exit of the occupants thereof in case of
fire by the erection, construction and maintenance in good condition
of fire escapes of the most improved modern design and
of fireproof construction.

The owner or owners of any building upon which a fire escape
is erected shall keep the same in good repair and properly
painted.

(a) Location.—No fire escapes to buildings hereafter erected
shall be constructed over any sidewalk or street.

(b) Fire escapes in new or old buildings shall be easily accessible
from the inside of the building in which they are placed
by means of unobstructed corridors or passageways, and shall
in every case have the location approved by the building inspector.
All doors leading to fire escapes shall be labeled "Fire
Escapes" in letters three (3) inches high, plainly visible, and
shall be provided with locks not requiring keys.

All exterior fire escapes shall be constructed in accordance
with the latest regulations of the National Board of Fire Underwriters.

An exterior fire escape will not be required in fireproof buildings
where each story above the first has at least two means of
exit remote from each other, one of these opening to a street or

fireproof passage leading to a street, and the other opening to a
yard or other space deemed safe by the Building Inspector and
of sufficient area to accommodate all persons in the building.

Two means of exit remote from each other shall be provided
from each story of dwellings when over three stories in height.

Sec. 494(24). Floor lights.

Except in dwellings, all openings hereafter made in floors for
the transmission of light to floors below, shall be covered with
glass set in metal frames and bars. The glass shall be not less
than ¾ inch in thickness, and if any glass measures more than
sixteen (16) square inches there shall be a rigid wire mesh
either in the glass or under it.

Sec. 494(25). Roof covering.

(a) All buildings shall be covered with material equal to
class "C" as specified by the National Board of Fire Underwriters.

(b) If a wood shingle roof is damaged by a fire more than
50 per cent. the entire room shall be removed and replaced with
material equal to class "C", as specified by the National Board
of Fire Underwriters.

The City Manager shall have power to condemn and have removed
any wood shingle roof that in his opinion is in such a
deteriorated condition as to be excessively inflammable.

Sec. 494(26). Roof openings.

All openings in roofs for the admission of light or air other
than those provided for in subsection 22 of this section, shall
have incombustible frames and sash glazed with wired glass; or
ordinary glass may be used, if protected above and below by
galvanized steel wire screens with a mesh not exceeding one
inch, and the wire not smaller than No. 12 gauge. The top
screen shall be installed as specified in subsection 19 of this section.

Sec. 494(27). Exits required.

(a) The term "floor area" as used in this subsection shall
mean the entire floor space between exterior walls and fire walls.

(b) In every building hereafter erected, except in private
dwellings less than four stories, each floor area above the first
shall be provided with at least two means of egress remote from
each other, and if over two stories high, one egress from each
floor, which shall be enclosed stairway as provided by subsection
21, or a doorway in a fire wall leading to another floor area separately
provided with adequate stairs or other independent
means of exit. Such doorway serving as an emergency exit in
a fire wall shall be protected by an automatic and self-closing
fire door as specified in subsection 20. No portion of any floor
area shall be more than one hundred (100) feet from a place of
egress. Where two means of egress are required in this subsection,
one may be omitted if fireproof construction is used as
specified in subsection 21. Elevators shall not be considered as a
means of egress as specified in this subsection.

(c) Except in dwellings, no required stairway shall be less
than 44 inches wide, and the total width of exit doorways leading
therefrom shall at least be equal to the total width of the
stairways which they serve.

(d) The total width of stairway, interior and exterior, provided
for the occupancy of each floor and those above, shall be
not less than 44 inches for the first 50 persons, and 12 inches for
each additional 50 persons to be accommodated thereby. The stair
treads shall be not less than nine and one-half (9½) inches
wide, and the risers not more than seven and three-quarters
(7¾) inches high.

(e) Each school, hospital and theater, over one story high shall
have stairways constructed entirely of incombustible material,
and continuous from grade lines to the topmost story, provided
that this shall not apply for buildings used primarily for Sunday
School purposes without the congested fire limits.

(f) All exit doors in schools, hospitals, theaters, and other
places of public assemblage, shall open outward and all existing
structures of this class shall conform thereto.

(g) All stairways, fire escapes, elevator shafts, and similar
appurtenances which may hereafter be constructed which are
used or designed to be used in whole or in part, by the tenants
of any residential building or property within the A District as
defined by the Building Zone Map, as a regular or supplementary

means of ingress or egress; except as an additional means of
egress during a conflagration, flood, panic or other disaster; shall
be wholly and entirely inclosed within the walls of the building.
This does not apply to entrances on the rear of buildings.

Sec. 494(28). Fire stops.

At each floor level in all buildings hereafter erected, all stud
walls, partitions, furring and spaces between joists where they
rest on division walls or partitions, shall be fire-stopped with incombustible
material in a manner to completely cut off communication
by fire through concealed spaces. Such fire-stopping shall
extend the full depth of the joists, and at least four (4) inches
above each floor level. Stair carriages shall be fire-stopped at
least once in the middle partition of each run.

Sec. 494(29). Areaways.

Areaways constructed under any street or alley shall not extend
into the same more than 50 per cent of the width of the
adjacent sidewalk, and in no case shall they extend a distance
greater than three feet beyond the lot line. Areaways must be
covered with transparent sidewalk lights or metal gratings capable
of sustaining a live load of not less than 200 pounds per
square foot, the open spaces between the bars or other members
shall not exceed 5/8 of an inch in width. In no case shall areaways
be constructed as a means of ingress or egress from the
building, nor for the transmittal of goods or other articles to or
from the building, but shall be used only for the admission of
light and air.

No permit for the construction of areaways shall be allowed
until a written agreement, as prescribed by the council, between
the City and the owner of the property has been executed. This
agreement shall stipulate that the present owner, and any future
owner, of the property shall construct and maintain the areaway
in a safe and proper condition, and that said owners shall
be liable for all damages and injuries caused by the construction,
maintenance or use of said areaways, and shall indemnify
and save harmless the City from all such damages and injuries.
It shall further stipulate that the areaways may be removed or
altered by the City at any time upon ten days' written notice to

the owner. Said agreement shall be recorded in the Clerk's Office
of the Corporation Court of this City at the expense of the
owner.

Sec. 494(30). Dwelling houses—prohibited location.

No dwelling house or sleeping quarters shall be placed over,
or be connected directly with a stable, barn, haymow, public
garage, dry cleaning establishment, planning mill, carpenter shop,
paint shop or filling station.

Sec. 494(31). Frame buildings—construction.

(a) No frame building hereafter erected or altered shall exceed
two stories in height, except that private dwellings may
be three stories high.

(b) No frame building hereafter erected for any occupancy
other than grain elevators, coal elevators and pockets, ice houses,
exhibition buildings, and structures for temporary occupancy for
a specified period and then subject to special permission shall
cover a ground area exceeding the following:

• One story building—7,500 sq. ft.

• Two story building—5,000 sq. ft.

(c) In no case shall the extreme projection of a frame building
be erected within 5 feet of the side or rear lot line, nor within
10 feet of another building on the same lot, unless the space
between the studs on such side be filled solidly with not less
than 2½ inches of brick work or other equivalent incombustible
material, in which case said distances may be reduced to 3 feet.

(d) Rows of frame tenement houses are prohibited. Duplex or
double frame houses shall be permitted. In rows of tenements
constructed of brick or other similar material there shall be a
twelve inch fire wall between each two units.

(e) Buildings with wooden framework clad with sheet metal,
or veneered with brick, shall be classed as frame buildings.

(f) The maximum spacing for studding and joists shall be
sixteen inches on centers, that for rafters twenty-four inches.
Studding in external walls and all partitions of dwellings shall
be not less than standard two by fours (2 × 4) standing with
studs set the four inch way for thickness of walls. The exterior
of the framework of all dwellings shall be sheathed with

sheathing not less than three-fourths (¾) inches thick. In case
of built-up beams or girders, the splicing of members shall be
made over supports. In case of house to be weatherboarded
sheathing may be omitted if framework is sufficiently braced
against wind pressure.

Where the frame is properly cross-braced, sheathing may be
eliminated and wood laths embedded in asphaltic binder directly
connected to heavy felt roofing material may be applied directly
to the studding when stuccoed according to provisions elsewhere
outlined in this section. Such lathing material shall meet the approval
of the Building Inspector. Where wire or metal laths
are used on sheathing board there must be a furring strip ½″
thick placed not more than 16 inches on centers.

(g) All floors of wood construction in dwellings shall be constructed
of not less than two by eight (2 × 8) standard wood
joists. All joists and studding around openings such as doors
and windows shall be doubled. Openings more than four feet
wide in bearing partitions shall be trussed or framed over with
beams of ample size to carry the full load above. All headers
over four (4) feet in length that butt into trimmers shall be carried
on metal joist hangers or mortized and tenoned headers and
trimmers. There shall be at least one horizontal row of two by
four (2 × 4) pieces in each story to provide a fire stop closing off
the entire space between studding.

(h) The following schedule of joist sizes and spacings shall
be followed as a minimum for dwellings and tenements, assuming
a total load dead and live for 60 lbs. to a sq. ft. using seasoned
short leaf yellow pine lumber.

Maximum Span for Floor Joist

                                     

Size or Equivalent	Distance on Centers	Distance between Bearings
2″ × 8″	12″	14′ 0″
	16″	12′ 8″
3″ × 8″	12″	16′ 0″
	16″	14′ 6″
2″ × 10″	12″	17′ 6″
	16″	15′ 9″
3″ × 10″	12″	19′ 3″
	16″	17′ 6″
2″ × 12″	12″	20′ 0″
	16″	18′ 0″
3″ × 12″	12″	23′ 0″
	16″	21′ 0″
2″ × 14″	12″	23′ 8″
	16″	21′ 6″
2½″ × 14″	12″	25′ 6″
	16″	23′ 0″
3″ × 14″	12″	27′ 0″
	16″	24′ 6″

Note: The construction of floors in all other buildings shall be
designed to carry the live loads as given in the following subsection:

I. Minimum live loads required.

In all buildings hereafter erected, altered or repaired (where
such alterations or repair, in the judgment of the building shall
require new floor construction), all floor construction shall be
constructed in accordance with the following table of minimum
live load requirements:

         

Hotels (upper floors), apartment houses, dormitories, hospitals	60 lbs.
Schools	75 lbs.
Office buildings (ground floor), corridors, stairs and lobbies in all buildings of public nature	90 lbs.
Assembly rooms, main floors of theatres, ball rooms, gymnasiums, or any rooms to be used for drilling, dancing, grandstands, ordinary stores for light stock	120 lbs.
Warehouses and light manufacturing	150 to 300 lbs.

Special provision shall be made for heavy concentrated loads.
An addition of 50% shall be made for floors carrying, moving or
travelling machinery.

Sec. 494(32). Light and ventilation.

(a) In all buildings every sleeping room shall be provided with
a window or windows opening directly upon a street, yard, or
court, which windows or openings shall equal in area to at least
one-tenth of the floor area of the room.

(b) The windows of every sleeping room shall be arranged
to open to the extent of one-half their area.

(c) In every building every sleeping room shall be, for at
least two-thirds of its area, not less than seven (7) feet high
from the finished floor to the finished ceiling, and shall be not
less than seven (7) feet in width at its narrowest point, and
have an area of not less than seventy (70) square feet, except
that in hotels the area shall not be less than eighty (80) square
feet.

Sec. 494(33). Chimneys and fireplaces.

(a) Except as herein provided all chimneys in every building
hereafter erected, and all chimneys hereafter altered or rebuilt
shall be constructed of brick, stone, or concrete. No masonry
chimney shall have walls less than eight (8) inches thick unless
it be lined on the inside with well-burned terra cotta or fire clay
chimney tile set in Portland Cement Mortar in which case the
wall shall be not less than four (4) inches thick. The lining
shall be continuous from the bottom of the flue to its extreme
height. In concrete chimney an air space of not less than 1 inch
shall be left between the concrete and flue lining.

(b) No chimney shall be corbeled out more than eight (8)
inches from a brick wall, and such corbeling shall consist of at
least five courses of brick.

(c) All chimneys shall be capped with terra cotta, brick, stone,
concrete or cast iron.

(d) The smoke flue of every high pressure steam boiler and
every appliance producing a corresponding temperature in a flue,
if built of brick, stone, reinforced concrete or other approved
masonry, shall have walls not less than twelve (12) inches thick,
and the inside four (4) inches of such walls shall be fire brick,
laid in fire clay mortar, for a distance of at least twenty-five (25)
feet from the point where the smoke connection of the boiler enters
the flue.

(e) The top of, or any openings in, a chimney shall be at
least three feet above the nearest partition of the roof.

(f) No chimney in any building shall have wooden supports
of any kind. Supports shall be incombustible and shall rest upon
the ground of the foundation, on approved mortar stumps.

(g) All chimneys which are dangerous from any cause shall
be repaired and made safe or taken down.

(h) Metal smoke stacks may be permitted for boilers, furnaces,
and similar apparatus where large hot fires are used, provided
they may have a clearance from all combustible material
of not less than one-half the diameter of the stack, but not less
than fifteen (15) inches unless the combustible material be properly
guarded by loose-fitting metal shields, in which case the distance
shall not be less than 12 inches. Where such stack passes
through a roof, it shall be guarded by a galvanized iron ventilating
thimble extending from at least nine (9) inches below the
under side of the ceiling or roof beams, to at least nine (9)
inches above the roof, and the diameter of the ventilating thimble
shall be not less than thirty-six (36) inches greater than that
of the smoke stack.

(i) The fireback of every fireplace hereafter erected shall be
not less than eight (8) inches in thickness of solid brickwork,
nor less than twelve (12) inches of stone lined with firebrick.
When a grate is set in a fireplace a lining of firebrick at least
two (2) inches in thickness shall be added to the fireback; soapstone,
tile or cast iron may be used, if solidly backed with brick
or concrete.

(j) The walls of all incinerators connected with buildings
shall be not less than eight (8) inches thick, the inside four (4)
inches of which shall be constructed of standard well burned
firebrick.

(k) All flue holes when not in use shall be closed with tight-fitting
metal covers.

Sec. 494(34). Wooden beams separated from masonry
chimneys.

(a) No wooden beams or joists shall be placed within two
(2) inches of the outside face of chimney or flue, whether the
same be for smoke, air or any other purpose.

(b) No wooden furrying or studding shall be placed against
any chimney, the plastering shall be directly on the masonry, or
on metal lathing and furring.

(c) Woodwork fastened to plaster which is against the masonry

of a chimney shall have a layer of asbestos board at least
⅛ inch thick placed between the woodwork and the plaster.

Sec. 494(35). Smoke pipes.

(a) No smoke pipe shall be within six (6) inches of any woodwork,
or any wooden lath and plaster partition or ceiling.

(b) Where smoke pipes pass through a wooden lath and plaster
partition, they shall be guarded by galvanized iron ventilated
thimbles at least twelve (12) inches larger in diameter than the
pipes, or by galvanized iron thimbles built in at least eight (8)
inches of brick work or other incombustible material.

No smoke pipe shall pass through any floor or a roof having
wooden framework except as specified in section 494(33).

Sec. 494(36). Hot air pipes and registers.

(a) All heater pipes from hot air furnaces, where passing
through combustible partitions or floors, must be covered with
standard asbestos covering. Horizontal hot air pipes leading
from furnace shall be not less than six (6) inches from any
woodwork, unless the woodwork be covered with loose fitting tin
or metal plate, or the pipe be covered with at least ½ inch of
asbestos, or in which latter case the distance from the woodwork
may be reduced to not less than three (3) inches.

(b) No hot air pipe shall be placed in a wooden stud partition
or any wooden enclosure unless it be at least five (5) feet horizontal
distance from the furnace.

(c) Every hot air furnace shall have at least one register without
valve or louvres.

(d) A register box placed in the floor over a pipeless furnace
shall have an open space around it of not less than four (4)
inches on all sides, and be supported by an incombustible border.

(e) Hot air registers placed in any woodwork or combustible
floors shall be surrounded with borders of incombustible material
not less than two (2) inches wide, securely set in place.

(f) The register boxes shall be of metal, and be double; the
distance between the two shall be not less than 1 inch, or they
may be single if covered with asbestos not less than ⅛ inch in
thickness and if all woodwork within two (2) inches be covered
with tin.

(g) Cold air ducts for hot air furnaces shall be made of incombustible
material.

Sec. 494(37). Dry rooms.

(a) All dry rooms shall be constructed in accordance with the
latest regulation of the National Board of Fire Underwriters.

Sec. 494(38). Stoves and ranges.

(a) No kitchen range or stove in any building shall be placed
less than three (3) feet from any woodwork or wooden lath and
plaster partition, unless the woodwork or partition is properly
protected by metal shields; in which case the distance shall be not
less than twelve (12) inches. Metal shields shall be loosely attached,
thus preserving an air space behind them.

(b) Hotel and restaurant ranges shall be provided with a metal
hood, placed at least nine (9) inches below any wooden lath and
plaster or wooden ceiling, and have an individual pipe outlet connected
with a bent flue. The pipe shall be protected by at least
one inch of asbestos covering or its equivalent.

(c) Combustible floors under coal ranges and similar appliances
without legs, such as mentioned in subsection 39, in which
hot fires are maintained, shall rest upon six (6) inch foundations
built of incombustible materials supported within the thickness of
the floor framing. Such hearths shall extend at least twenty-four
inches in front and twelve (12) inches on the sides and back
of the range or similar heating appliance.

(d) All coal stoves or ranges, with legs, shall be set on incombustible
material which shall extend at least twelve (12) inches
in front.

Sec. 494(39). Furnaces and appliances.

(a) Any woodwork, wooden lath and plaster partition or ceiling
within four (4) feet of the sides or back, or six (6) feet
from the front of any heating boiler, furnace, bakery oven, coffee
roaster, fire heated candy kettle, laundry, stove or other similar
appliance shall be covered with metal to a height of at least four
(4) feet above the floor. This covering shall extend the full
length of the boiler, furnace, or heating appliance, and to at least
five (5) feet in front of it. Metal shields shall be loosely attached,

thus preserving an air space behind them. In no case
shall such combustible construction be permitted within two (2)
feet of the sides or back of the heating appliance, or five (5) feet
in front of same.

(b) No furnace, boiler, range or other heating appliance, shall
be placed against a wall furred with wood.

(c) Heating boilers shall be encased on sides and top by an incombustible
protective covering not less than 1½ inches thick.
Except that this shall not be necessary when approved by the
building inspector.

(d) In the installation of oil burning equipment requiring the
placing of storage tanks above the burner, the feed lines from
such storage tanks to burner shall be protected by an approved
anti-syphon valve.

Sec. 494(40). Open flame heating devices.

All gas, gasoline, oil or charcoal burning stoves or heating devices,
shall be placed on iron stands at least six (6) inches above
combustible supports, unless the burners are at least five (5)
inches above the base with metal guard plates four (4) inches
below the burners.

No open flame heating or lighting device shall be used in any
room where gasoline or other volatile inflammable fluids are
stored or handled.

Sec. 494(41). Gas connections.

Gas connections to stoves and similar heating devices shall be
made by rigid metal pipes. For small portable heating devices,
flexible metal or rubber tubing may be used when there is no
other shut off on the device.

Sec. 494(42). Vent flues.

Vent flues or ducts, for the removal of foul or vitiated air, in
which the temperature of the air cannot exceed that of the rooms,
shall be constructed of metal or other incombustible material, and
no such flue shall be used for any other purpose.

Sec. 494(43). Theatres.

No building shall be erected, altered or added to for the purpose

of converting same into a theatre, opera house, or for the
use by a motion picture show, unless it conforms to the latest
regulations of the National Board of Fire Underwriters.

Sec. 494(44). Safety of design.

All parts of every building shall be designed to safely carry
the loads to be imposed thereon, and shall in all other respects
conform to good engineering practice.

Sec. 494(45). Marquees overhanging streets — construction—use
and maintenance.

Any person, firm or corporation desiring to erect a marquee
overhanging any sidewalk, street, avenue or alley shall, before
any work is done on same, make application in writing to the City
Manager and receive a permit for such construction.

All applications must be signed by the property owner, and no
permit shall be issued by the City Manager as provided herein
until an inspection fee of $1.00 has been paid to the City Collector.

Marquees erected under the authority of this subsection shall
conform to the following requirements:

All marquees must be constructed entirely of metal except the
roof surface, or covering; and the ornaments. The roof may be
composed of wired glass, not less than one quarter inch (¼) in
thickness, and shall be protected by a wire screen approved by
the City Manager. All ornaments must be composed entirely
of metal glass, or other incombustible material, and when glass
ornaments are used they shall be of sufficient thickness to prevent
easy breakage.

All marquees shall be placed not less than nine feet (9) above
the sidewalk, street, avenue or alley and shall not project nearer
than within ten inches of the curb line. Adequate provisions
must be made for drainage so that no water will be allowed to
drip from marquees on the sidewalk or street. No marquees
shall be anchored, supported or braced to the wooden beams or
other wooden framework of a building, but must be securely
bolted through brick wall or steel frame of the building supported
by a sufficient number of chains, or other supports,
attached to the building as described above. Posts, pilasters or

other supports, placed in the street or sidewalk will not be permitted.

In every case the safety of design and construction must be
approved by the building inspector.

All marquees must be lighted, only electric lights will be permitted,
all electric wiring must be in accordance with the latest,
regulations of the National Board of Fire Underwriters, for
electric wiring. There shall be at least one 25 watt light for
each 5 sq. ft., surface covered by the marquees, measurements
to be made upon its horizontal projection over the street.

All marquees shall be lighted from 30 minutes after sunset for
period of at least three hours every day except Sunday.

Sec. 494(46). Auto repair shops and public garages.

(a) Within the congested fire limits of the City no future
auto repair shop or public garage shall be located in a frame
building.

(b) All electrical wiring used in or about future buildings
for such shops or garages, whether within or without the fire
limits must be inclosed in accordance with the requirements of
the City Electrical Code.

(c) No building, either within or without the fire limits shall
be used for an auto repair shop or a public garage where the second
story is occupied for residential purposes.

(d) Any building used for the purposes specified without
the fire limits must be supported by ample masonry foundations,
and the floor of such building must be composed of non-combustible
material.

(e) No frame building used for either of the purposes specified
shall connect with another frame building.

(f) No auto repair shop or public garage shall be maintained
or conducted without a license therefor having been first obtained
from the Commissioner of the Revenue of the City, and
no such license shall be granted except on a certificate from the
City Manager that all the conditions of this section, except the
obtaining of such license, have been complied with by the applicant,
but in the event of the refusal of such certificate by the
City Manager, the applicant shall have the right of appeal to the
City Council from such refusal.

Sec. 494(47). Condemnation of buildings and structure
in dangerous condition.

Whenever the City Manager shall be informed that any building
or other structure in the City is in such condition as to endanger
the lives of the occupants or of persons passing in the
vicinity thereof, or to endanger other property adjacent thereto,
he shall immediately notify the City Engineer, who shall forthwith
proceed to make an examination of such building or structure,
and report to the City Manager his opinion of the same.

The City Engineer shall also, without waiting for notification
of the City Manager, make a like examination whenever so requested
by any citizen.

If the Engineer shall believe, after said examination, that such
building or structure is in such a condition or situation as to endanger
the lives of persons, or to endanger property adjacent
thereto, he shall forthwith so report to the City Manager.

On receipt of such report declaring the existence of such danger,
the City Manager shall give a written notice to the owner
of the property, or his agent, if he be a non-resident, or to his
guardian or committee, setting forth the existence of the dangerous
condition and making demand that said dangerous condition
be remedied. Upon failure of the person so notified to
comply with said demand, the City Manager shall cause a summons
to be issued, requiring the person so notified to appear before
the Civil and Police Justice, to show cause why such building
or structure should not be removed or put in a safe condition.

If after a hearing of the case it shall appear that the building
or structure is in such a condition or a situation as to endanger
the lives of persons, or to endanger other property adjacent thereto,
the Civil and Police Justice shall require such building or
structure to be removed or made safe within a reasonable time.
If such building or structure shall not be removed or made safe
within the time specified in the order, the Police Justice shall
summon such owner, or his agent if he be a non-resident, or his
guardian or committee, to show cause why such owner should
not be fined for his failure to comply with said order, and to
show cause why the building or structure should not be removed
or made safe at the expense of the owner thereof.

If at such hearing no sufficient cause be shown for failure to
comply with the said order, the owner of said building or structure
shall be fined not less than ten dollars, nor more than twenty-five
dollars for each day his failure to comply with such order
has continued, and the Police Justice may further require such
building or structure to be removed or made safe at the expense
of the owner thereof.

Sec. 494(48). Interpretation of this chapter.

The regulations of the National Board of Fire Underwriters
shall be the authority for interpreting the provisions of this
chapter where the language used is not absolutely clear.

Sec. 494(49). Building inspector authorized to enter
property or premises for purposes of inspection.

The Building Inspector, or his duly authorized representative,
is hereby authorized and empowered to enter upon any building
or premises in the City for the purpose of seeing that the laws,
rules and regulations in regard to construction are complied
with. Any person, firm or corporation preventing the Building
Inspector from entering any building or premises in the performance
of his official duties, or obstruct or hinder them in the performance
of such duties, shall be punished as provided in the
next subsection.

Sec. 494(50). Penalties.

Every violation of any of the provisions of this Chapter shall
be punished by a fine of not less than $5.00 nor more than $25.00
for each offense, each day such violation continues shall constitute
a separate offense and the owner of the property, on which
any work has been done or material has been furnished or used
in conflict with the provisions of this section, may after due notice,
be required by the Civil and Police Justice to cause such
work and material to be removed from the building or structure,
and from such order requiring such conformity or removal, an
appeal shall lie to the Corporation Court.

Sec. 495. Zoning.

To provide for the division of the municipal area of the City
of Charlottesville into zones or districts, and to regulate the

use of land and buildings and other structures, establish building
lines and other restrictions for such districts, and to provide
penalties for the violation of such provisions and restrictions.

WHEREAS, by an Act of the General Assembly of Virginia,
approved, March 18, 1926, (Chap. 197, Acts of 1926), for the
promotion of health, safety, morals, comfort, prosperity, or general
welfare of the general public, the council of any city or town
is authorized, by ordinance, to divide the area of the city or
town into one or more districts of such shape and area as may
be deemed best suited to carry out the purpose of said act, and
in such district or districts may establish set-back building lines,
regulate and restrict the location, erection, construction, reconstruction,
alteration, repair or use of buildings and other structures,
their height, area, and bulk, and percentage of lot to be
occupied by buildings or other structures, the size of yards,
courts and other open spaces, and the trade, industry, residence
and other specific uses of the premises in such district or districts,
the following regulations are prescribed.

Sec. 495(1). Districts

For the purpose of this section the City of Charlottesville is
hereby divided into six classes of districts as follows:

• A Residence Districts.

• A-1 Residence Districts.

• B Business Districts.

• B-1 Business Districts.

• B-2 Business Districts.

• C Industrial Districts.

The boundaries of each of these districts are hereby established
as shown on the map entitled, Building Zone Map of Charlottesville,
Va., dated June 17, 1929, as amended and signed by the
Mayor, City Manager and Clerk of the Council, which accompanies
and is hereby declared to be a part of this section. These district
boundary lines are intended generally to follow street or property
lines as they exist at the time of the passage of this section unless
such district boundary lines are referenced to some street
line by dimensions shown on the Building Zone Map.

Sec. 495(2). Definitions.

For the purposes of this section the following definitions are
established:

(1) An Accessory Building is a subordinate building on the
same lot with a main building whose use is incidental to that of
the main building.

(2) The Height of a Building is the vertical distance measured
from the level of the curb or established grade opposite the
middle of the front of the building to the highest point of the
roof surface if a flat roof; to the deck line of a mansard roof;
and to the mean height level between eaves and ridge of a gable,
hip or gambrel roof, if a building is built on the street line, and
if built back of the street line the distance shall be measured from
the level of ground at the middle of the front of the building,
provided, that where the ground level is made by filling such
ground level shall not be considered to be more than five (5)
feet above the level of the curb or established grade opposite the
middle of the front of the building.

(3) A Court is an open unoccupied space, other than a yard,
on the same lot with a building.

(4) An Enclosed Court is an open unoccupied space enclosed
on all sides by walls, or by walls and lot lines other than street
lines or public alley lines that are 10 feet or more in width.

(5) A Court opening on to a side yard shall be deemed an enclosed
court but may be considered as extending to the lot line.

(6) An Outer Court is an open unoccupied space enclosed on
three sides by walls, or by two walls and a lot line, and open on
to a street, an alley 10 feet or more in width, or on to a front or
rear yard.

(7) The Width of Court is the least horizontal dimension of
the Court.

(8) Lot: The land bounded by definite lines and occupied or
to be occupied by a building and its accessory buildings and including
the open spaces required under these regulations. A lot
may or may not be the land so recorded on the records of the
Clerk's Office of the Corporation Court.

(9) Depth of Lot: The depth of a lot is defined as the average
depth measured in the mean direction of the side lines from

the street line to the rear line, and the rear line shall be deemed
to be not farther back than a line drawn parallel with the street
line, entirely on the lot, and not less than ten feet long; and in
the case of a through lot running from street to street the rear
line with respect to either street line shall be deemed to pass
through a point midway between the street lines.

(10) Width of Lot: The width of a lot is its mean width,
measured at right angles to its depth.

(11) A Corner Lot is any lot which occupies the interior
angle at the intersection of two street lines, which make an angle
of more than 45 degrees and less than 135 degrees with each
other, the owner of a corner lot having the privilege of specifying
which street lot line shall be deemed the front of the lot, and
being required when requesting a building permit, to specify
which lot line shall be deemed the front line.

(12) A street is any existing street, square, lane, alley or way
set aside as a right of way for street purposes.

Sec. 495(3). A residence district uses.

Within any A Residence District, as indicated on the Building
Zone Map, no lot, building or structure shall be used and no
building or structure shall be erected which is intended or designed
to be used, in whole or in part, for any industrial, manufacturing,
trade or commercial purpose or for any other than the
following specified purposes:

(1) Single detached residences for not more than two housekeeping
units.

(2) The keeping of boarders or lodgers by a resident family.

(3) The office of a resident member of a recognized profession.

(4) Customary home occupations, such as dressmaking, millinery,
hairdressing and manicuring, laundering, preserving and
home cooking, provided that such occupations shall be carried
on solely by resident occupants in the main building, and provided
that not more than the equivalent of the area of one floor
shall be used for such occupation and no display of products
made shall be visible from the street.

(5) Churches and other places of worship, including parish
houses and Sunday School Buildings.

(6) Schools, colleges, public libraries, public museums and
art galleries.

(7) Grounds for games or sports; country clubs; provided
any such use is not primarily for gain.

(8) Municipal recreational buildings, play-grounds, parks, athletic
fields and reservations.

(9) Hospitals and sanitariums not treating contagious diseases
and not for the care of epileptic or drug or liquor patients; charitable
institutions which are not of a correctional nature and
which are not intended for the care of insane or feebleminded
patients; all provided that the building or buildings be located
not less than 50 feet from any lot line other than a street line.

(10) Hospitals for contagious diseases, correctional institutions,
sanitariums or hospitals treating epileptic, drug and liquor
patients and asylums for the mentally diseased; all provided that
no building so used shall be within 200 feet of any lot line.

(11) Buildings which are used exclusively by the Federal,
State, County or City government for public purposes.

(12) Railroad passenger stations, including the usual accessory
services therein and required rights of way, not including switching,
freight or storage yards or trackage other than for passenger
purposes.

(13) Static transformer stations, transmission lines and
towers, and telephone exchanges; not including service or storage
yards or public business offices.

(14) Farms, truck-gardens, greenhouses, provided that no
greenhouse heating plant shall be operated within 20 feet of any
lot line.

(15) Small professional or announcement signs not over one
square foot in area if fixed flat to main wall of building; and
real estate signs not over six square feet in area, provided that
such sign is displayed behind the prevailing front building line
of that block, and further provided that the sign is used for advertising
only the premises upon which it is erected.

(16) Accessory uses and structures customarily incident to
any use permitted by this section, such as servant's quarters,
stables, or work shops, provided that none shall be conducted for
gain and that no accessory building shall be inhabited by other

than those who are employees of the owner, lessee, or tenant of
the premises.

(17)-(a) Private garage to take care of not more than four
cars, on the same lot with the building, or within or attached to
the buildings to which it is accessory and in which no business or
industry is conducted, except the leasing of space for non-commercial
motor vehicles.

(b) Private garages as defined in paragraph (a) providing
space for six cars where all cars stored within are for the use of
the members of the family occupying the building to which it is
an accessory building.

Sec. 495(4). A-1 residence district uses.

Within any A-1 Residence District, as indicated in the Building
Zone Map, no lot, building or structure shall be used, and no
building or structure shall be erected which is intended or designed
to be used, in whole or in part, for any industrial, manufacturing,
trade or commercial purpose, or for any other than
the following purposes:

(1) Any use hereinbefore permitted in A Residence Districts.

(2) A detached or semi-detached residence for two families
or two housekeeping units.

(3) A residence for three or more families or housekeeping
units, or apartment houses.

(4) Dormitories, boarding houses, lodging houses and clubs;
including restaurants accessory to any of the foregoing.

(5) Hotels not catering to transient guests and not carrying
on any merchandising.

(6) Lodges and fraternal, social, recreational and community
center organizations, provided that any such establishment shall
not be conducted primarily for gain.

(7) Garages, only for the purpose of housing private automobiles
owned or operated by the tenants of any building permitted
in this subsection, providing no business is conducted other than
the leasing of space; will be permitted in the basement of such
building, or in the rear and adjacent thereto, or detached.

Sec. 495(5). B business district uses.

Within any B Business District, as indicated on the Building

Zone Map, no lot, building or structure shall be used and no
building or structure shall be erected which is intended or designed
to be used, in whole or in part, except as specified in this
subsection for any industrial or manufacturing purpose or for
any other than the following specified purposes:

(1) Any use hereinbefore permitted in A Residence Districts
or A-1 Residence Districts.

(2) Retail stores, offices, banks, shoe repairing shops, barber
shops, pressing shops, confectioneries, studios, restaurants, theatres,
hand laundries, news stands, assembly halls, and shops for
custom work or the making of articles to be sold at retail on the
premises to the ultimate consumer; all provided that no wholesaling
or jobbing shall be carried on and that no merchandise shall
be carried other than that intended to be sold at retail on the
premises.

(3) Automobile filling stations provided there are no curb
pumps or any other obstruction on the sidewalk and provided
that the station be so arranged that sidewalk space and space between
street line and building line shall not be occupied by vehicles
while being served.

(4) Signs applicable to goods sold or services rendered on the
premises upon which they are displayed; provided that any such
signs shall be placed flat against the wall of the building, shall
project not more than three inches beyond the property line, and
shall not be over three feet in height; provided, further, that
there shall be not over two signs to any floor of a building and
that the total area in square feet of such signs shall not be greater
than the width of the building in feet multiplied by three.

Sec. 495(6). B-1 business district uses.

In any B-1 Business District as indicated on the Building Zone
Map, no lot, building or structure shall be used and no building
or structure shall be erected which is intended or designed to be
used, in whole or in part, except as specified in this subsection
for any industrial or manufacturing purpose or for any other
than the following specified purposes:

(1) Any use hereinbefore permitted in A Residence Districts,
A-1 Residence Districts or B Business Districts.

(2) Undertaking establishments, embalming of human bodies,
mortuaries, funeral parlors, and funeral homes.

(3) Hotels, steam laundries, dry cleaning.

(4) Billiard and pool tables and bowling alleys, public dance
halls, shooting galleries and similar forms of public amusement.

(5) Retail stores conducting incidental and secondary wholesale
departments, department stores conducting finishing, fitting
and light manufacturing operations, newspaper offices or printing
plants, and light manufacturing or processing operations creating
or likely to create neither smoke, noise, fumes, odor, nor dust
detrimental or likely to become detrimental to the health, safety,
or general welfare of the community and which are carried on in
connection with a merchandising business conducted on the same
premises; all provided that not over 10 horsepower in electric
motive power for each 5000 square feet of lot area occupied by
the building is used.

(6) Public garages conducting repair shops using not more
than a total of 10 horsepower in electric motive power for each
5000 square feet of lot area occupied by the building, provided
no such garage shall have an entrance or exit nearer than 50 feet
to the center line of an intersection street which separates a B-1
Business District from any A or A-1 Residence District.

(7) Any structure used as a billboard or advertising signboard,
erected on the ground, provided any such structure shall
not be nearer the street line than the height of such billboard.

Sec. 495(7). B-2 business districts.

In any B-2 Business District as indicated on the Building
Zone Map, no lot, building or structure shall be used and no
building or structure shall be erected which is intended or designed
to be used, in whole or in part, except as specified in the
subsection for any industrial or manufacturing purpose or for
any other than the following specified purposes:

(1) Any use hereinbefore permitted in A Residence, A-1
Residence, B Business or B-1 Business Districts.

(2) Public utility, service and storage yards, storage warehouses
and yards and railroad yards.

(3) Wholesale and jobbing establishments, cold storage plants,
printing plants, bottling shops, bakeries, coffee roasting, the

sorting and packing of goods, automobile repair shops, veterinary
hospitals, carpet or rug cleaning, cleaning and dyeing, plumbing,
gas, steam or hot water fitting shop and light manufacturing
or processing, all without limit as to production provided that no
operations are carried on, or are likely to be carried on, which will
create or are likely to create, conditions of smoke, fumes, noise,
odor, or dust which will be detrimental to the health, safety, or
general welfare of the community.

Sec. 495(8). C industrial districts.

Within any C Industrial District, no lot, building or structure
shall be used and no building or structure shall be erected which
is intended or designed to be used, in whole or in part, for any
of the following specified purposes:

(1) Slaughter house, 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 preparation
on other than an incidental scale of exterminators, 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 distillation of wood or bone.

(5) Emory cloth or sand paper manufacture.

(6) Manufacture of lime, gypsum, plaster of Paris, lithopone,
linseed oil, linoleum, oiled cloth or oiled clothing, or the impregnation
of inflammable fabrics by oxidizing oils.

(7) Turpentine, varnish or shellac manufacturing or refinishing.

(8) Gas storage in quantity exceeding 500,000 cubic feet
within 100 feet of any party lot line; or in quantity exceeding
200 cubic feet if the pressure is greater than 100 pounds per
square inch, within 50 feet of any party line.

(9) Oil storage in quantity exceeding 10,000 gallons above

the ground within 50 feet of any party lot line, or in quantity
exceeding 100,000 gallons above the ground unless containers
are surrounded by adequate moats.

(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 pyroxyline 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; nitrating 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
storage except on a limited scale as accessory to a permitted industry.

(15) Any other use or purpose which will create or is likely
to create conditions of smoke, fumes, noise, odors, or dust detrimental
to the health, safety, or general welfare of the community.

Sec. 495(9). Heights of buildings.

(1) In any A Residence, A-1 Residence, or B Business District
no building or structure shall exceed forty feet in height,
nor shall consist of more than three stories, except that a public
or semi-public building such as a church or other place of worship,
school, library, hospital or club may be erected to not more
than 60 feet in height, provided that the portion of such building
more than 40 feet high shall set back from all required front,
side and rear yards, one foot for each two feet of such additional
height.

(2) The provisions of this subsection shall not apply to church
spires, belfries, cupolas, domes, monuments, water towers, chimneys,
flues, flag poles, or radio poles, nor to parapet walls extending

not more than four feet above the limiting height of the
building on which it rests.

(3) In any B-1 Business, B-2 Business, or C Industrial District
a building may be erected to any height, provided that the
portion of the building in excess of one and two-third times the
width of the street on which it fronts shall be governed by the
following regulations: for each foot such building or portion
thereof is set back from any street, lot or required yard or court
line, such building or portion thereof, may be erected two feet in
height, provided that no street shall for this purpose be considered
to be less than 40 feet nor more than 66 feet in width.

Provided, however, that the provisions of this subsection shall
not apply to bulkheads, elevator pent houses, water tanks, monitors
or similar structures, provided such structures shall not have
an aggregate area greater than 25% of the ground floor area.
And provided further the provisions of this subsection shall not
prevent the erection of towers occupying not more than 25% of
the ground floor area and distant not less than 25 feet in all
parts from any lot line not a street line.

Sec. 495(10). Set back building lines.

(1) In any A or A-1 Residence District no building shall be
erected, reconstructed or altered nearer to the street line on which
it faces than the average setback observed by the building on the
same side of the street and fronting thereon, within the same
block at the time of the passage of this Code.

(2) The side line of a building on a corner lot shall not be a
factor in establishing the setback line.

(3) Provided that no building shall be required to set back
from the street a distance greater than the setback line observed
by that one of two existing buildings on the immediate adjoining
lots on either side, which is the further removed from the street
line.

(4) Provided further that in no case shall the required setback
be more than 60 feet.

(5) Where there are buildings on only one side of a street
within the block at the time of the passage of this Code, the setback
line for the unoccupied side shall be same as that established
on the occupied side as hereinbefore provided.

(6) Where there is no building on either side of the street
within a block at the time of the passage of this Code, the setback
line shall not be less than 30 feet in an A Residence District,
nor less than 20 feet in an A-1 Residence District.

(7) Uncovered porches or covered but not enclosed porches
may project not more than ten feet beyond the front wall of the
building into a required front yard in an A Residence and not
more than eight feet in an A-1 Residence District.

(8) Paragraphs 5 and 6 of this section shall not apply to lots
having a depth of less than 100 feet, which have been platted
prior to the passage of this Code, but the setback line for such
lots shall be not less than 15 feet.

(9) In any B Business District which within a block is adjacent
on one or more sides to any A or A-1 Residence District
the setback line shall be established respectively as provided herein
for A or A-1 Residence Districts. Otherwise no setback line
shall be required in any B Business District.

(10) In any B-1 Business, B-2 Business or C Industrial District
no setback line shall be required.

Sec. 495(11). Rear yards.

(1) In any A Residence District a rear yard not less than 15
feet deep shall be required on every lot and every such yard shall
extend from the rearmost portion of the building or structure,
exclusive of unenclosed porches, to the rear line of the lot and
be the full width of the lot between side lines, provided that if
the depth of the lot is greater than 75 feet the required depth of
the rear yard shall be increased by an amount equal to one-third
of the excess depth over 75 feet, provided further that no rear
yard shall hereby be required to be more than 45 feet deep.

(2) In any A-1 Residence District or B Business District a
rear yard not less than 10 feet deep shall be required on every
lot and every such yard shall extend from the rearmost portion
of the building or structure, exclusive of unenclosed porches, to
the rear line of the lot and be the full width of the lot between
side lines, provided that if the depth of the lot is greater than 75
feet the required depth of the rear yard shall be increased by an
amount equal to one-fourth of the excess depth over 75 feet,

provided further that no rear yard shall hereby be required to
be more than 35 feet deep.

Sec. 495(12). Side yards.

(1) In any A or A-1 Residence District there shall be a side
yard on each side of every lot and the width of such side yard
for each side of said lot shall be not less than five (5) feet.

(2) Exceptions to Paragraph (1).—For lots less than forty
(40) feet in width, existing at the time of passage of this Code,
no such side yard shall be less than three (3) feet in width.

In A-1 Residence Districts, when semi-detached houses are
built with a party wall on the dividing lot line, the side yard requirement
along the other lot line shall be two-thirds of the sum
of the two side yards required for a detached house.

(3) In any B, B-1, B-2 Business District or C Industrial District
if a building to be erected is intended or designed to be used
entirely for residential purposes, the side yard requirement shall
be the same as hereinbefore provided for in A or A-1 Residence
Districts.

(4) In any B, B-1, B-2 Business District or C Industrial District
along any boundary line between such districts and A or A-1
Residence Districts, such boundary line being not a street line,
if the building or structure to be erected is intended or designed
to be used in whole or in part for any industrial manufacturing
trade or commercial purpose, a side yard shall be required which
shall be ten percent of the lot width, provided that no such side
yard shall be less than three (3) feet in width and shall not be
required to be more than ten (10) feet in width.

(5) Side yards shall not be required in any B, B-1, B-2 Business
District or C Industrial District except as provided for in
this subsection and in subsection 14.

Sec. 495(13). Courts.

(1) When a window in any A or A-1 Residence District in
any room except a storage room, bath room or clothes closet does
not open on a street, alley, side or rear yard as required in this
section; it shall open on a court conforming with the provisions
hereinafter contained in this subsection. The court need not extend
below the lowest story it is required to serve.

(2) In any A or A-1 Residence District no accessory building
shall be located within any required court.

(3) Within the limits of any outer court, no fence nor wall
more than 50 percent solid shall be more than four feet high.

(4) In any A or A-1 Residence District the minimum widths
of courts at the levels of the lowest window sill of the story
served by such court shall be as follows:

         

No. of stories above the lowest level served by the Court	Width of Outer Court	Width of Enclosed Court
1	4 ft.	6 ft.
2	6 ft.	10 ft.
3	8 ft.	14 ft.
For each story over three, if permitted, add	2 ft.	4 ft.

(5) In no case shall an outer court be less than two inches
wide for each foot of building length from the enclosed end.

(6) The length of an enclosed court shall be at least twice the
required width of the court or such court shall have an area
equivalent to the product of the said required dimensions.

(7) In B, B-1, B-2 Business Districts and C Industrial Districts
no courts shall be required except as provided in subsection
14.

Sec. 495(14). Exceptions and regulations in various
districts.

(1) Except as specified in this subsection, yards and courts
required by this section shall be open, unobstructed to the sky.

(2) Cornices and eaves may project not to exceed three feet
over any minimum required yard. Provided that any such projection
shall not be less than two feet from any lot line.

(3) Sills, leaders, belt courses and similar ornamental features
may project six inches over any minimum yard or court.
An open fire balcony, fire escape or fire tower may project five
feet over any yard.

(4) A bay window, oriel or balcony which is not more than
ten (10) feet wide may project not more than three feet into

any front yard or rear yard. An open porch or port cochere
may extend into any side yard, provided it does not come nearer
the side lot line than three feet.

(5) In B-1, B-2 Business Districts, and C Industrial Districts,
a chimney, smokestack, flue or elevator shaft may project into
any rear yard, provided the horizontal section of the projection
does not exceed five square feet.

(6) The set back and yard requirements of this section
shall not apply to any necessary retaining wall, or to any fence
or wall which is less than five feet high and less than 60 percent
solid. Nothing herein shall prevent the construction of a
rear line fence or wall to a height not exceeding seven feet. The
provisions of this section shall not apply to terraces, steps and
uncovered porches which are not in any part more than three
feet above the floor level of the first story and not within five
feet of any party lot line.

(7) In A, A-1 Residential and B Business Districts a ground
story extension may project into a rear yard from the rear of
any building not more than ten (10) feet, provided it does not
extend within less than ten (10) feet of a rear lot line.

(8) Every room in which one or more persons live, sleep,
work, or congregate except storage rooms or other rooms where
the nature of the occupancy does not require direct light and air
from the outside shall have a total window area equal to or
greater than one-tenth of the floor area of the room. Such windows
shall open directly either upon a street or alley not less
than ten (10) feet in width or upon a rear yard, side yard, outer
court or enclosed court located upon the same lot and conforming
to the requirements prescribed for these by this section as to
minimum area and least dimensions.

In any B, B-1, B-2 Business or C Industrial District if such
rear yards, side yards, or courts be required, the courts shall
comply with the court regulations for A and A-1 Residence Districts
and if the building or structure to be erected is intended
or designed to be used in whole or in part for any industrial,
manufacturing, trade or commercial purpose, the rear yards or
side yards shall be not less than two (2) inches wide for each
foot of building height over fifteen (15) feet, but in no case

shall the minimum width be less than three (3) feet for side
yards and five (5) feet for rear yards.

(9) No lot or plot shall hereafter be so reduced in area as to
cause any open space required by this section to be less in any
dimension than is herein required for the district and lot in question.

(10) No lot shall contain any building used as a residence
unless such lot abuts on at least one street or unless there is a
perpetual unobstructed easement of access at least fifteen (15)
feet wide to such a street.

Sec. 495(15). Accessory buildings.

(1) Accessory buildings permitted by this section shall be
placed in rear yards only. The aggregate ground area covered
by accessory buildings, including the ground area covered by
any projections or encroachments hereinbefore permitted, shall
not exceed 30 percent of the rear yard area in A Residence Districts
and 40 percent in A-1 Districts. In B, B-1, and B-2 Business
and C Industrial Districts, where a ground level rear yard
is required, the aggregate ground area coverage shall not exceed
50 percent of the rear yard area.

(2) No accessory building in any A or A-1 Residence District
or B Business District which is within ten (10) feet of any
party lot line, shall be more than one story high. No accessory
building shall exceed thirty-five (35) feet in height. No accessory
building which is not of fire-proof construction shall be
within less than three feet of any party lot line in any A or A-1
Residence District; except that this shall not prevent the erection
or completion of a common garage across their joint lot line
by adjoining property owners.

(3) Within the limitations hereinbefore recited in this subsection
any accessory building on a corner lot in A or A-1 Districts
shall be distant as far as possible from all street lines, excepting
that this shall not require the distance from any street
line to exceed thirty (30) feet; but when the rear of any corner
lot abuts any lot facing on a street which is a side street with
reference to said corner lot, any accessory building on the corner
lot shall not be built nearer the rear line of the corner lot than
six percent of the depth of the corner lot.

Sec. 495(16). Interpretation and purposes.

In their interpretation and application, the provisions of this
section shall be held to be minimum requirements adopted for
the promotion of health, safety, morals, comfort, prosperity, or
general welfare of the public. It is not intended by this section to
repeal, abrogate, annul or in any way to impair or interfere with
any existing provision of law or ordinance, or any rules, regulations
or permits previously adopted or issued or which shall be
adopted or issued pursuant to law relating to the use or construction
of buildings or premises; provided, however, that where
this section imposes a greater restriction upon the use of buildings
or premises or upon heights of buildings, or requires larger
yards, courts or other open spaces than are imposed or required
by such existing provisions of law or ordinance or by such rules,
regulations or permits, the provisions of this section shall control.

Sec. 495(17). General regulations.

Except as hereinafter provided for existing non-conforming uses
in subsection 18, no building, structure or premises shall be used
and no building or part thereof, or other structure shall be erected,
reconstructed, enlarged, or altered except in conformity with the
regulations prescribed by this section; except that nothing in
this section shall affect the height, set back building line, yards
or courts of any building or lot as such exists at the time of the
passage of this Code.

Sec. 495(18). Existing non-conforming uses.

(1) If, at the time of the enactment of this Code, any lot,
building or structure is being used in a character or manner or
for a purpose which does not conform to the provision of this
section, and which is not prohibited by some other section, such
character or manner of use or purpose may be continued, and
no change of title or possession or rights to possession of any
such lot, building or structure shall be construed to prevent the
continued non-conforming use of such lot, building or structure
as hereinbefore provided. Any such non-conforming use which
is not otherwise unlawful may be hereafter extended throughout
any part of a building or structure which was manifestly

arranged or designed for such use at the time of enactment of
this Code.

(2) No building, structure or premises in which a non-conforming
use is abandoned for a period exceeding two years or is
superseded by a permitted use, subsequent to the enactment of
this Code, shall again be devoted to prohibited use.

(3) Any non-conforming building or structure which is hereafter
damaged to an extent exceeding 50 percent of its then reproduction
value exclusive of foundations, by fire, flood, explosion,
earthquake, war, riot, storm or so-called act of God, may
not be restored, reconstructed and used for any other than a purpose
permitted under the provisions of this section governing
the district in which the building or structure is located.

(4) Nothing in this section shall prevent the strengthening or
restoration to a safe or lawful condition of any part of a building
or structure declared unsafe or unlawful by the Building Inspector,
the Chief of Fire Department, or any other duly authorized
City official.

(5) The occupancy of a building or premises by a watchman
or caretaker for sleeping quarters shall not constitute residence
occupancy within the meaning of this section.

Sec. 495(19). Enforcement.

(1) This section shall be enforced by the Building Inspector,
who shall in no case grant any permit for the construction or alteration
of any building if the building as proposed to be constructed
or altered would be in violation of any of the provisions
of this section. All applications for building permits shall be
accompanied by plans in duplicate, drawn to scale, showing the
actual shape and dimensions of the lot to be built upon, the exact
sizes and locations on the lot of the buildings and accessory
buildings then existing, and the lines within which the proposed
building or structure shall be erected or altered, the existing and
intended use of each building or part of a building, the number
of families or housekeeping units the building is designed to accommodate,
and such other information with regard to the lot
and neighboring lots as may be necessary to determine and provide
for the enforcement of this section. One copy of such plans

shall be returned to the owner when such plans shall have been
approved by the Building Inspector.

(2) 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 Inspector. 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
section.

(3) Any persons who propose to construct or alter any building
or to make some use of a lot, building or structure of any
kind which proposed construction, alteration or use is apparently
in conflict with the provisions of this section shall file with
the Building Inspector his application therefor, which application
shall furnish such information to the Building Inspector as
may be necessary to enable him to pass on such application intelligently.
If such proposed structure, alteration or use is in
conflict with the provisions of this section, the Building Inspector
shall refuse a permit for such construction, alteration or use,
and from such decision of the Building Inspector an appeal shall
lie to the Board of Appeals.

(4) It is the intention of this section that all questions arising
in connection with the enforcement of the section shall be
presented first to the Building Inspector; that such questions
shall be presented to the Board of Appeals only on appeal from
the Building Inspector; and that from the decision of the Board
of Appeals recourse shall be had to the courts, as provided by
law. It is further the intention of the section that the duties of
the City Council in connection with the ordinance shall not include
the hearing and passing upon disputed questions that may
arise in connection with the enforcement thereof, but that the
procedure for determining such questions shall be as hereinbefore
set out in this section; and that the duties of the Council in
connection with this section shall be only the duty of considering
and passing upon any proposed amendment or repeal of this section
as provided by law.

Sec. 495(20). Violations and penalties.

Any person, firm, or corporation who violates any of the provisions
of this section, shall, upon conviction, be fined not less
than ten ($10.00) dollars, nor more than two hundred ($200.00)
dollars, for each offense, and each day such violation continues
shall constitute a separate offense. The Court, may, after due
notice, order conformity with the provisions of this section.

Sec. 495(21). Effect of invalidity of one subsection.

Should any subsection or provision of this section be decided
by the Courts to be unconstitutional or invalid, such decision shall
not effect the validity of the section as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.

Sec. 495(22). Board of zoning appeals.

(a) A Board of Zoning Appeals is hereby established. It
shall consist of five (5) members to be appointed and exercise
such powers as provided by the laws of the State of Virginia.

(b) All petitions provided for in subsection 23(a) of this
section shall be in writing, signed by at least a majority of both
the property owners and residents who are within the area in
which the proposed change is requested. Said petition shall
specify the reasons for the proposed change, the change desired
in terms of districts, the names and addresses, as far as practicable,
of all property owners and residents within the area in which
the proposed change is requested, and shall specify clearly by
metes and bounds, or by courses and distances, or by plat and
survey attached thereto, the boundaries of the proposed area in
which the change is requested. Said petition, together with a
copy thereof, shall be presented to the Clerk of the Council, and
at the first succeeding meeting of the Council it shall be presented
to the Council for consideration, whereupon if the Council
deem it advisable, they shall name a Committee from their
own number, who shall investigate the advisability of having a
public hearing on the proposed change, and shall report their
findings at the next meeting of said Council. Upon said Council's
approval of a favorable report by said Committee, notice of
the proposed change shall be published in the newspaper at least

once a week for two consecutive weeks, which notice shall state
the time and place for the holding of a public hearing, on the
proposed change, the boundaries of the area which will be affected,
and the change proposed in terms of districts.

Whenever the Council shall order that notice of a public hearing
shall be given as hereinbefore provided for, it shall at the
same time refer a copy of the petition to the Board of Zoning
Appeals for report as is provided for by this subsection as is
heretofore prescribed for by this subsection.

Sec. 495(23). Amendment.

(a) The City Council may from time to time on its own motion
or on petition, after public notice and hearing, amend, supplement,
or change the regulations and districts herein established.
Every such proposed amendment, supplement or change shall be
referred by the Council to the Board of Zoning Appeals for report
before the above public hearing.

(b) Costs and Pay of Board.—In addition to the requirements
of the State Law relative to an appeal from a decision of the
Building Inspector to the Board of Zoning Appeals, every such
appellant, before delivering a Notice of Appeal to said Board,
shall deposit the sum of $10.00 as costs with the City Collector,
who shall note on said Notice that the deposit required has been
paid.

Should the decision of the Building Inspector on Appeal be
sustained by said Board, said deposit shall be paid into the City
Treasury, but should the decision of said Inspector be reversed,
in whole or in part, said deposit shall be returned to said appellant.

Each member of the Board of Zoning Appeals shall be allowed
a fee of $2.00 for each appeal considered and heard by such member,
which shall be paid by the City Treasurer upon presentation
of proper voucher, after being approved by the City Auditor.

Constitutionality of Code.

Sec. 496. Effect of portions of this code being declared
unconstitutional.

If any part or parts, sections or subsections, sentence, clause

or phrase, of this Code, are for any reason declared to be unconstitutional,
such decision shall not effect the validity of the remaining
portions of this Code.

Sec. 497. Penalties—general.

Unless otherwise provided any violation of this Code shall be
subject to a fine of not less than $1.00 nor more than $25.00 for
each offense.