University of Virginia Library

CHAPTER 33.

Zoning.[38]

                                           

§ 1.	Definitions.
§ 2.	Districts.
§ 3.	A residence district uses.
§ 4.	A-1 residence district uses.
§ 5.	B business district uses.
§ 6.	B-1 business district uses.
§ 7.	B-2 business districts.
§ 8.	C industrial districts.
§ 9.	Heights of buildings.
§ 10.	Setback building lines.
§ 11.	Rear yards.
§ 12.	Side yards.
§ 13.	Courts.
§ 14.	Exceptions and regulations in various districts.
§ 15.	Accessory buildings.
§ 16.	Interpretation and purposes.
§ 17.	General regulations.
§ 18.	Existing non-conforming uses.
§ 19.	Enforcement.
§ 20.	Violations and penalties.
§ 21.	Board of zoning appeals; cost of appeals.
§ 22.	Amendment.

Sec. 1. Definitions.

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

(1) Accessory building. 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) Height of a building. 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 feet
above the level of the curb or established grade opposite the middle
of the front of the building.

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

(4) Enclosed court. 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 ten feet or more in
width.

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

(7) Width of court. 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 space required under these regulations. A lot
may or may not be the land so recorded on records of the clerk's
office of the corporation court of the city.

(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) Corner lot. A corner lot is any lot which occupies the
interior angle at the intersection of two street lines, which makes
an angle of more than forty-five degrees and less than one hundred
thirty-five 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) Street. A street is any existing street, square, lane, alley
or way set aside as a right-of-way for street purposes. (Code
1932, § 495(2); Ord. March 29, 1939.)

Sec. 2. Districts.

For the purposes of this chapter the city 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 March 29, 1939, signed by the mayor, city manager
and clerk of the council, which is hereby declared to be a part of
this chapter as well as such amendments thereto as may hereafter
be made as provided for by law. These district boundary lines are
intended generally to follow street or property lines as they exist
at the time of the passage of this chapter unless such district
boundary lines are referenced to some street line by dimensions
shown on the building zone map. (Code 1932, § 495(1); Ord.
March 29, 1939.)

Sec. 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 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, that
any such use is not primarily for gain.

(8) Municipal recreational buildings, playgrounds, 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 feeble-minded patients;
all provided, that the buildings be located not less than fifty 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 two hundred feet of any lot line.

(11) Farms, truck gardens, greenhouses; provided, that no

greenhouse heating plant shall be operated within two hundred
feet of any lot line.

(12) Small professional or other 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 such sign
is displayed behind the prevailing front building line of that block,
and provided the sign is used for advertising only the premises
upon which it is erected.

(13) Accessory uses and structures customarily incident to any
use permitted by this chapter, such as servant's quarters, stables
or workshops; 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.

(14) 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.

(15) Private garages as defined in paragraph fourteen 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. (Code 1932, § 495(3); Ords. Feb. 21,
1938, March 29, 1939.)

Sec. 4. A-1 residence district uses.

Within any A-1 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
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) Apartment hotels; provided, that they shall comply with
the height and setback requirements as set forth in sections 9
and 10.

(6) Lodges and fraternal, social, recreational and community
center organizations; provided, that any such establishment shall
not be 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 section, providing no business is conducted other than the
leasing of space; garages as aforesaid will be permitted in the basement
of such buildings or in the rear and adjacent thereto, or detached
therefrom. (Code 1932, § 495(4); Ord. March 29, 1939.)

Sec. 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 section for any
industrial or manufacturing, trade or commercial 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, barbershops,
pressing shops, confectioneries, studios, restaurants, theatres,
hand laundries, newsstands, 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 obstructions 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, and compliance is made with all regulations
affecting filling stations.

(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; provided, that
this paragraph shall not apply to electric signs permitted under
article II, chapter 27 of this code. (Id., § 495(5); Ord. March
29, 1939.)

Sec. 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 section for any industrial
or manufacturing, trade or commercial 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 and 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 ten horsepower in electric

motive power for each five thousand square feet of lot area occupied
by the building is used.

(6) Public garages conducting repair shops using not more than
a total of ten horsepower in electric motive power for each five
thousand square feet of lot area occupied by the building, provided,
that no such garage shall have an entrance or exit nearer
than fifty feet to the center line of an intersecting 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, that any such structure shall not
be nearer the street line than the height of such billboard. (Code
1932, § 495(6); Ord. March 29, 1939.)

Sec. 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 this section for any industrial
or manufacturing, trade or commercial 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. (Code 1932, § 495(7); Ord. March 29,
1939.)

Sec. 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) Slaughterhouse, 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 sandpaper manufacture.

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

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

(8) Gas storage in quantity exceeding five hundred thousand
cubic feet within one hundred feet of any party lot line; or in
quantity exceeding two hundred cubic feet if the pressure is
greater than one hundred pounds per square inch, within fifty feet
of any party line.

(9) Oil or gasoline storage in quantity exceeding ten thousand
gallons above the ground within fifty feet of any party lot line, or
in quantity exceeding one hundred thousand 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 pyrozyline 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) The "dead" storage of articles or products without shelter
and housing adequate to prevent same from being exposed to the
weather which have ceased to be useful or suitable for the purpose
for which they were created or produced.

(16) 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. (Code
1932, § 495(8); Ords. Oct. 4, 1937, March 29, 1939.)

Sec. 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 semipublic
building such as a church or other place of worship, school,
library, hospital, apartment, hotel or club may be erected to not
more than sixty feet in height; provided, that the portion of such
building more than forty 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 section 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 forty feet nor more than sixty-six feet in width.

Provided, however, that the provisions of this section 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 twenty-five per cent of the ground floor
area. And provided further, the provisions of this section shall
not prevent the erection of towers occupying not more than
twenty-five per cent of the ground floor area of the building upon
which such tower is erected and distant not less than twenty-five
feet in all parts from any lot line not a street line. (Code 1932,
§ 495(9); Ord. March 29, 1939.)

Sec. 10. Setback 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 buildings on the
same side of the street and fronting thereon, within the same
block; provided, that apartment hotels shall not be erected within
fifty feet of any street or property line.

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

(5) Where there is no building on either side of the street,
within a block, the setback line shall not be less than thirty feet in

an A residence district, nor less than twenty feet in an A-1 residence
district.

(6) 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.

(7) Paragraphs four and five of this section shall not apply to
lots having a depth of less than one hundred feet, which have been
platted prior to the passage of this chapter, but the setback line
for such lots shall be not less than fifteen feet.

(8) 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.

(9) 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 setback requirement shall be the
same as hereinbefore provided for in A-1 residence districts.

(10) A minimum setback line of ten feet is established on both
sides of Preston Avenue from Main Street to Tenth Street, West,
and on both sides of Fourth Street, West, from Main Street to
Preston Avenue. (Code 1932, § 495(10); Ords. March 29, 1939,
March 17, 1941.)

Sec. 11. Rear yards.

(1) In any A residence district a rear yard not less than fifteen
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 sidelines; provided, that if the depth
of the lot is greater than seventy-five feet the required depth of the
rear yard shall be increased by an amount equal to one-third of
the excess depth over seventy-five feet; provided further, that no
rear yard shall be required to be more than forty-five feet deep.

(2) In any A-1 residence district or B business district a rear
yard not less than ten 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;
and provided, that if the depth of the lot is greater than seventy-five
feet the required depth of the rear yard shall be increased by
an amount equal to one-fourth of the excess depth over seventy-five
feet; provided further, that no rear yard shall be required to
be more than thirty-five feet deep.

(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 rear yard requirement shall be
the same as hereinbefore provided for in A-1 residence districts.
(Code 1932, § 495(11); Ord. March 29, 1939, April 7, 1941.)

Sec. 12. Side yards.

(1) In any A 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 ten feet.

(2) In any 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 feet.

In A-1 residence districts, when semidetached 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 per cent of the lot width; provided, that no such side yard
shall be less than three feet in width and shall not be required to
be more than ten 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 section
and in section 14 of this chapter. (Code 1932, § 495(12);
Ord. March 29, 1939.)

Sec. 13. Courts.

(1) When a window in any A or A-1 residence district in any
room except a storage room, bathroom or clothes closet does not
open on a street, alley, side or rear yard as required in this chapter,
it shall open on a court conforming with the provisions hereinafter
contained in this section. 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 fifty per cent 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 section 14 of this
chapter. (Code 1932, § 495(13); Ord. March 29, 1939.)

Sec. 14. Exceptions and regulations in various districts.

(1) Except as specified in this section, yards and courts required
by this chapter 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 nearer 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 feet wide may project not more than three feet into any front
yard or rear yard. An open porch or porte-cochère 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 setback and yard requirements of this chapter shall
not apply to any necessary retaining wall, or to any fence or wall
which is less than five feet high and less than sixty per cent 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 feet, provided it does not extend nearer
than ten 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 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 chapter 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 inches wide for each foot of building height over
fifteen feet, but in no case shall the minimum width be less than
three feet for side yards and five 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 feet wide
to such a street. (Code 1932, § 495(14); Ord. March 29, 1939.)

Sec. 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
thirty per cent of the rear yard area in A residence districts and
forty per cent in A-1 districts. In B, B-1, B-2 business and C
industrial districts, where a ground level rear yard is required, the
aggregate ground area coverage shall not exceed fifty per cent of
the rear yard area.

(2) No accessory building in any A or A-1 residence district
or B business district which is within five feet of any party lot line
shall be more than one story high. No accessory building shall exceed
thirty-five feet in height. No accessory building which is not
of fire-proof construction shall be nearer than five 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 section,
any accessory building on a corner lot in A or A-1 districts shall
be distant as far as possible from all street lines, except that this
shall not require the distance from any street line to exceed thirty
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 per cent of the depth of the
corner lot. (Code 1932, § 495(15); Ords. April 4, 1938, March
29, 1939.)

Sec. 16. Interpretation and purposes.

In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements adopted for the
promotion of health, safety, morals, comfort, prosperity and general
welfare of the public. It is not intended by this chapter 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
chapter 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 is imposed or required by such
existing provisions of law or ordinance or by such rules, regulations
or permits, the provisions of this chapter shall control.
(Code 1932, § 495(16); Ord. March 29, 1939.)

Sec. 17. General regulations.

Except as hereinafter provided for existing non-conforming
uses in section 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 chapter; except that nothing in this
chapter shall affect the height, setback building line, yards or

courts of any building or lot as such exists at the time of the
passage of this chapter. (Code 1932, § 495(17); Ord. March 29,
1939.)

Sec. 18. Existing non-conforming uses.

(1) If, at the time of the enactment of this chapter, any lot,
building or structure is being used in a character or manner or for
a purpose which does not conform to the provisions of this chapter,
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 right to possession of any such lot,
building or structure shall be construed to prevent the continued
nonconforming use of such lot, building or structure as hereinbefore
provided. Any such nonconforming 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 chapter.

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

(3) Any nonconforming building or structure which is hereafter
damaged to an extent exceeding fifty per cent 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 chapter governing the district
in which the building or structure is located.

(4) Nothing in this chapter 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 the 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 chapter. (Code 1932, §
495(18); Ord. March 29, 1939.)

Sec. 19. Enforcement.

(1) This chapter 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 chapter. 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 chapter. 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
chapter.

(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 chapter 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 chapter, 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
zoning appeals.

(4) It is the intention of this section that all questions arising
in connection with the enforcement of the chapter shall be presented
first to the building inspector; that such questions shall be
presented to the board of zoning appeals only on appeal from the
building inspector; and that from the decision of the board of
zoning appeals recourse shall be had to the courts, as provided by
law. It is further the intention of this section that the duties of
the council in connection with this chapter 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 chapter shall be only the duty of considering and passing upon
any proposed amendment or repeal of this chapter as provided by
law. (Code 1932, § 495(19); Ord. March 29, 1939.)

Sec. 20. Violations and penalties.

Any person who violates any of the provisions of this chapter,
shall, upon conviction, be fined not less than ten dollars nor more
than two hundred 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 chapter. (Code 1932, § 495(20); Ord. March 29, 1939.)

Sec. 21. Board of zoning appeals; cost of appeals.

A board of zoning appeals is hereby established. It shall consist
of five members to be appointed, and exercise such powers as
provided by the laws of the state.

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 ten dollars as costs
with the director of finance, 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 the board, said deposit shall be paid into the city treasury,

but should the decision of the inspector be reversed, in whole
or in part, said deposit shall be returned to the appellant.

Each member of the board of zoning appeals shall be allowed a
fee of two dollars 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 director of
finance. (Code 1932, § 495(22); Ord. March 29, 1939.)

Sec. 22. 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) All petitions provided for in subsection (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 the council.
Upon said council's approval of a favorable report by the committee,
notice of the proposed change shall be published in the
newspaper at least fifteen days prior to the hearing date, 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, it shall at the same
time refer a copy of the petition to the board of zoning appeals for
report as to the proposed change. (Code 1932, § 495(23); Ord.
March 29, 1939.)