Alexandria City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 155.45 BUILDING COMMISSIONER.
The Building Commissioner shall:
(A) Administer and enforce the provisions of this chapter;
(B) Issue improvement location permits;
(C) Maintain a permanent file of all improvement location permits and applications as public records; and
(D) Inspect all city-owned buildings at six-month intervals and make recommendations to the Mayor concerning any needed maintenance or repair.
(Prior Code, § 153.50) (Ord. 907, passed 9-15-1969; Ord. 1156, passed 8-1-1983)
§ 155.46 IMPROVEMENT LOCATION PERMITS.
(A) An improvement location permit shall be obtained before any person (contractors and builders as well as owners) may:
(1) Occupy or use any vacant land;
(2) Occupy or use any structure hereafter constructed, reconstructed, moved, or enlarged;
(3) Change the use of structure or land to a different use;
(4) Change a nonconforming use;
(5) Begin to remodel, alter, repair, replace, or enlarge the interior structure or finish an existing building;
(6) Begin to alter, replace, relocate, or add to a plumbing, heating, or electrical system;
(7) Begin demolition of any structure; or
(8) Begin the erection of a fence.
(B) An application for an improvement location permit shall be accompanied by a plot plan showing clearly and completely the location, dimensions, and nature of any structure involved and such other information as the Building Commissioner may require for administration of this chapter together with filing fees based on current state-approved amounts and/or as set by City Council from time to time.
(C) There shall be a late fee based on current state-approved amounts and/or as set by City Council from time to time should construction of any structure or thing begin prior to obtaining the required permit. Additionally, the construction of any structure or thing without a permit for which one is required herein shall constitute a nuisance, pursuant to Chapter 93, and shall be subject to the sanctions and remedies provided for therein.
(Ord. 1566, passed 8-2-2010)
§ 155.47 METHOD OF APPEAL.
Any person aggrieved or affected by any provision of this chapter or by any decision of the Building Commissioner may appeal to the Board of Zoning Appeals within a reasonable time, as provided by the rules of the Board, by filing a notice of appeal specifying the grounds thereof. Every decision of the Board shall be subject to review by certiorari.
(Prior Code, § 153.52) (Ord. 907, passed 9-15-1969)
§ 155.48 ZONING PETITION AND CERTIFICATION FEES.
(A) Fees for the filing of zoning petitions and certificates are based on current state-approved amounts and/or as set by City Council from time to time.
(B) No part of any filing fee for re-zoning, special exceptions, or variances shall be returnable to the applicant. All monies shall be payable to Clerk-Treasurer and shall be deposited according to procedures established by the Clerk-Treasurer.
(Prior Code, § 153.53) (Ord. 1257, passed 3-5-1990)
§ 155.49 BOARD OF ZONING APPEALS.
(A) In accordance with state law, the Mayor shall appoint and organize a Board of Zoning Appeals which shall adopt rules to govern its procedure. The Board shall hold meetings, keep minutes, and, pursuant to notice, conduct hearings, compel the attendance of witnesses, take testimony, and render decisions in writing, all as required by law. A fee shall be charged for any appeal or proceeding filed with the Board in accordance with a schedule of fees established by the Board.
(B) The Board shall have the power to hear and decide appeals from any order, requirement, decision, grant, or refusal made by the Building Commissioner in the administration of this chapter.
(Prior Code, § 153.60) (Ord. 907, passed 9-15-1969)
§ 155.50 VARIANCES.
(A) The Board, upon appeal, shall have the power to authorize variances from the requirements of this chapter and to attach such conditions to the variances as it deems necessary to assure compliance with the purpose of this chapter.
(B) A variance may be permitted if all the following requirements are met:
(1) Literal enforcement of the chapter would result in an unnecessary hardship with respect to the property;
(2) Such unnecessary hardship results because of unique characteristics of the property; and
(3) The variance observes the spirit of this chapter, produces substantial justice, and is not contrary to the public interest.
(Prior Code, § 153.61) (Ord. 907, passed 9-15-1969)
§ 155.51 SPECIAL EXCEPTIONS; REQUIREMENTS.
(A) The Board shall have the power to authorize special exceptions if the following requirements are met.
(2) The special exception shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons and shall comply with the performance standards of division (B) below.
(3) The special exception shall be sited, oriented, and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
(4) The special exception shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
(5) The special exception shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(6) The special exception shall preserve the purpose of this chapter.
(Prior Code, § 153.62)
(B) All special exceptions shall comply with the requirements of this section. In order to determine whether a proposed use will conform to the requirements of this chapter, the Board may also obtain a qualified consultant to testify whose cost for services shall be borne by the applicant.
(1) Fire protection. Fire prevention and fighting equipment acceptable to the Fire Department of the city shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
(2) Electrical disturbance. No activity shall cause electrical disturbance adversely affecting radio or other equipment in the vicinity.
(3) Noise. Noise which is determined to be objectionable because of volume, frequency, or beat shall be muffled or otherwise controlled; except, fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement.
(4) Vibrations. Vibrations detectable without instruments on neighboring property in any district shall be prohibited.
(5) Odors. No malodorous gas or matter shall be permitted which is discernible on any adjoining lot or property.
(6) Air pollution. No pollution of air by fly ash, dust, smoke, vapors, or other substance shall be permitted which is harmful to health, animals, vegetation, or property.
(7) Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
(8) Erosion. No erosion by wind or water shall be permitted which will carry objectionable substances onto neighboring properties.
(9) Water pollution. Water pollution shall be subject to the standards established by the State Stream Pollution Control Board.
(Prior Code, § 153.63)
(Ord. 907, passed 9-15-1969)
§ 155.52 AUTHORIZATION OF NONCONFORMING USES.
The Board shall have the power to authorize changes of lawful nonconforming uses as follows.
(A) A nonconforming use which occupies a portion of a structure or premises may be extended within such structure or premises as they existed when the prohibitory provision took effect but not in violation of the area and yard requirements of the district in which such structures or premises are located. No change of a nonconforming use shall entail structural alterations or any additions other than those required by law for the purpose of safety and health.
(B) The Board may impose such conditions as it deems necessary for the protection of adjacent property and the public interest.
(Prior Code, § 153.64) (Ord. 907, passed 9-15-1969)
§ 155.53 AMENDMENTS.
(A) Introduce and consider amendments. The Council may introduce and consider amendments to this chapter and to the Zone Maps, as proposed by Council, by the Plan Commission or by a petition by the owners of 50% or more of the area involved in the petition.
(B) Petitions. Petitions for amendment shall be filed with the City Clerk-Treasurer, and the petitioner, upon such filing, shall, whether or not the proposed amendment is enacted, pay all costs and expenses connected with the petition including the drafting, advertising, and recording of the code.
(C) Referral. Any proposed amendment not originating from the Plan Commission shall be referred to the Plan Commission for consideration and report before any final action is taken by the Council. The Plan Commission shall hold a public hearing, as prescribed by law, and report its findings and recommendations in writing to the Council within such reasonable time after the public hearing as the Council may specify in the referring action.
(D) Action. After receiving the Plan Commission’s report, the Common Council may proceed to take action on the proposed amendment. In the event the report of the Plan Commission is adverse to the proposed amendment, the amendment ordinance shall not be passed except by an affirmative vote of at least 75% of the members of the Council. Failure of the Council to pass such proposed amendment ordinance by said affirmative vote within 90 days after its rejection by the Plan Commission shall constitute rejection of the proposed amendments, and it shall not be reconsidered by the Plan Commission or Council until the expiration of one year after the date of its original rejection by the Plan Commission.
(Prior Code, § 153.65)
§ 155.54 VIOLATIONS.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain, or use any structure or land in violation of this chapter or any regulation enacted hereunder by the Plan Commission. The Plan Commission or Board of Zoning appeals may institute a suit for a mandatory injunction directing the removal of a structure erected in violation of this chapter or the removal of other materials existing in violation of this chapter including junk or salvage. Any structure or use that violates this chapter shall be deemed to be a common nuisance, and the owner or any person with an ownership interest in said property, including a lessor as well as the operator of any business upon such real estate in violation of this chapter, shall be liable for maintaining a common nuisance.
(Prior Code, § 153.98) (Ord. 907, passed 9-15-1969; Ord. 1213, passed 8-1-1987) Penalty, see § 155.99
§ 155.99 PENALTY.
(A) Any person, whether owner, individual with an ownership interest, lessor, or operator of a business who violates any provision of this chapter for which no other penalty is set forth shall be guilty of an infraction and, upon conviction or judgment, shall be fined by a fine based on current state-approved amounts and/or as set by City Council from time to time. Each day the violation continues shall constitute a separate and distinct offense and violation for which assessment of penalty may accrue.
(B) Each day a violation of the provisions of § 155.26 continues constitutes a separate and distinct code violation. A fine based on current state-approved amounts and/or as set by City Council from time to time may be assessed for violation of said section.
(Prior Code, § 153.99) (Ord. 907, passed 9-15-1969; Ord. 1213, passed 8-1-1987)