As provided in Section 15.2-2307, Code of Virginia, 1950, as amended, nothing in this ordinance shall be construed to impair any vested right, except that this ordinance recognizes that the elimination of existing lots, buildings and structures or uses that are not in conformity with the provisions of this ordinance is as much a subject of health, safety, and general welfare as the prevention of the establishment of new uses that would violate the provisions of this ordinance. It is, therefore, the intent of this ordinance to permit these nonconformities to continue, but not to encourage their survival or permit their uses as grounds for adding other structures or uses prohibited elsewhere within the same district.

Therefore, any structure or use of land existing at the time of the enactment of this ordinance, and amendments thereto, but not in conformity with its regulations and provisions, may be continued subject to the following provisions:

601.01. Lots of record. Where a lot of record at the time of enactment of this ordinance does not contain land of sufficient area or width to permit conformity with dimensional requirements of this ordinance, the following provisions shall apply:

1.

When two (2) or more adjoining and vacant lots with continuous frontage are in single ownership at the time of enactment of this ordinance or amendments thereto, and each of such lots has width or lot area less than is required by the district in which it is located, such lot shall be platted and reparcelled so as to create one (1) or more lots which conform to the minimum lot width and area requirements of the district.

2.

Where a single nonconforming lot of record at the time of enactment or amendment of this ordinance is not of continuous frontage with other lots in the same ownership, such lot may be used as a building site, provided that yard dimensions, and requirements other than those applying to area or width of the lot shall conform to the regulation for the district in which such lot is located. Variances of yard requirements may be obtained only through an appeal to the board of appeals, as outlined in Section 1008 herein.

601.02. Nonconforming structures. Where a lawful structure exists at the time of enactment or amendment of this ordinance that could not be built in the district in which it is located by reasons of restrictions on area, lot coverage, height, yard dimensions or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

Any structure or portion thereof declared unsafe by the building inspector, or destroyed by any means, may be restored to a safe condition, provided that the requirements of this section are met, and the ownership remains the same as before such declaration or destruction.

2.

A nonconforming structure may be enlarged or altered as necessary, provided such enlargement(s) or alteration(s) do not exceed a cumulative fifty (50) percent of the floor area of the original nonconforming structure, and provided all yard and other appropriate requirements herein are met; any structure or portion thereof may be altered to decrease its nonconformity.

3.

Notwithstanding the provisions of subsection 601.02.2 above, whenever repairs on or installation of plumbing facilities in residential structures are required by law or administrative action of the health department or the building inspector, such alterations shall be permitted, provided that where such alterations require an addition to the structure, such addition shall be no nearer the lot line than permitted by the requirements of this ordinance. Where an existing residential structure exceeds these requirements the said addition shall extend no nearer the lot line than the existing building line.

4.

Should a nonconforming structure be moved, it shall thereafter conform to the yard dimension requirements of the district in which it is located after it is moved.

601.03. Nonconforming uses of land. Where a lawful use of land exists at the time of enactment or amendment of this ordinance that would not be permitted by the regulations imposed herein, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

1.

A nonconforming use may be enlarged or increased or extended to occupy a greater area not exceeding fifty (50) percent of the floor area that was occupied at the time of enactment of or amendment to this ordinance.

2.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such at the time of enactment of or amendment to this ordinance.

3.

In the event that such use ceases for any reason for a period of more than twenty-four (24) months any subsequent use shall conform to all requirements of this ordinance for the district in which the land is located.

4.

No additional structure not conforming to the requirements of this ordinance shall be constructed in connection with such nonconforming use.

601.04. Nonconforming uses of structures. Where a lawful use of individual structure, or of structures of premises in combination, exists at the time of enactment of or amendment to this ordinance that would not be permitted in the district in which it is located under the requirements of this ordinance, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

1.

A structure existing at the time of enactment of or amendment to this ordinance devoted to a nonconforming use may be enlarged, extended, or structurally altered, provided such enlargement, extension or alteration shall not exceed fifty (50) percent in the aggregate of the floor area of the original structure devoted to a nonconforming use and provided all yard and other appropriate requirements herein are met. The provision shall not apply to the changing of the use of a structure to a conforming use.

2.

A nonconforming use of a structure may be extended to include use of the entire structure, or any enlargement, extension or alteration thereof provided herein, but shall not be extended to include either additional structures or land outside the structure.

3.

When a nonconforming use of a structure and premises in combination is discontinued or abandoned for twenty-four (24) consecutive months, except when government action impedes access to the premises, or when a nonconforming use is superseded by a permitted use, the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located.

4.

Where a structure which is used in combination with its premises for a use not in conformity with the regulations herein is destroyed by any means, the use of the land shall be allowed to continue after reconstruction of the structure, provided such reconstruction of the structure adheres to the yard and other appropriate requirements of the district in which said structure is located as approved by the board of appeals in accordance with Section 405 herein, and provided the ownership of said structure remains the same as before such destruction.

601.05. Oil and gas leases. If a property owner has legally executed a lease for oil and gas exploration prior to the enactment of this ordinance, such lease for exploration, and any resultant development of the property for extraction and production of oil and gas, shall constitute the nonconforming use of such land as provided in Section 601.03 herein, and provided sections 45.1-36.1 through 45.1-36.144 Code of Virginia, 1950, as amended, and such oil and gas general rules and regulations promulgated by the Virginia Department of Labor and Industry are met.

601.06. Nonconforming signs. It is the intent to ultimately have all signs in compliance with the sign ordinance. Continued use of a nonconforming sign is subject to Section 907.05 herein.

(Ord. of 9-20-05(2))

Off-street automobile storage or parking space shall be provided on every lot on which any permitted use or special exception is established in accordance with this ordinance.

602.01. General requirements. For the purpose of this ordinance, the following general requirements are specified:

1.

The term "off-street parking space" shall mean a space at least nine (9) feet wide and eighteen (18) feet in length.

2.

Parking spaces for all dwellings shall be located on the same lot with the main buildings to be served.

3.

If an off-street parking space cannot be reasonably provided on the same lot on which the main use is conducted, such space may be provided on other off-street property, provided such space lies within six hundred (600) feet of the property line of such main use and is so designated on the zoning permit.

4.

The required number of parking spaces for any number of separate uses may be combined in one (1) lot, but the required space assigned to one (1) use may not be assigned to another use at the same time.

5.

Area reserved for off-street parking in accordance with the requirements of this ordinance shall not be reduced in the area, encroached upon, or changed to any other use unless the use which it serves is discontinued or modified.

6.

Off-street parking existing at the effective date of the ordinance in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or use. Existing off-street parking which is provided in an amount less than the requirement stated hereinafter shall not be further reduced.

602.02. Site requirements.All off-street parking shall be laid out, constructed, and maintained in accordance with the following requirements:

1.

All such parking areas, except those serving one- and two-family dwellings, which (i) are located within the county's designated growth boundary, or (ii) front along U.S. highways or primary highways as classified by the Virginia Department of Transportation shall be surface treated or paved to eliminate dust. All other off-street parking areas need not be surface treated or paved except where the zoning administrator determines that such treatment or paving is necessary.

2.

Lighting facilities shall be so arranged that light is reflected away from adjacent properties and streets.

3.

The parking lot shall be adequately drained.

4.

Access to off-street parking facilities from public streets shall meet the requirements of Code of Virginia, § 33.2-241, as amended, and the Access Management Regulations of the Virginia Department of Transportation, 24 Va. Admin. Code § 30-73, and be approved by the Virginia Department of Transportation.

5.

The parking lot shall have an aisle width of at least twenty-two (22) feet.

602.03. Parking space requirements for all districts. Off-street automobile storage or parking space shall be provided with vehicle access to a street or alley and shall be equal in area to at least the minimum requirements for the specific land use set forth.

6.

Other Uses: For uses which are not covered above or in Article X of this ordinance, minimum parking requirements shall be determined by the commission.

7.

Special Exception Permits: The board may issue a special exception permit to reduce the parking space requirements in subsections 1 through 5 above up to twenty-five (25) percent. In issuing such a permit, the board shall take into account the nature of the use, the surrounding transportation network, the relative demands of the use, e.g., an office use not designed for customers may need fewer spaces than an office at which customers would regularly come and go, the recommendation, if any, of the Virginia Department of Transportation, and such other factors as may be reasonably related to the public health, safety, and general welfare.

(Ord. No. 2012-0005, § 3, 7-17-12; Ord. No. 2018-0007, § 1, 3-19-19)

Off-street loading and unloading spaces shall be provided as hereinafter required by this ordinance.

603.01. Size of off-street loading spaces. Each off-street loading space shall have minimum dimensions of fourteen (14) feet in height, twelve (12) in width, and fifty (50) feet in length. However, upon sufficient demonstration that a particular loading space will be used exclusively by shorter trucks, the zoning administrator may reduce the minimum length accordingly to as little as twenty-five (25) feet.

603.02. Connection to street or alley. Each required off-street loading space shall have direct access to a street or alley or have a driveway which offers satisfactory ingress and egress for trucks and which shall meet the requirements of Section 33.1-198 of the Code of Virginia, 1950, as amended, and the Minimum Standards of Entrances to State Highways and be approved by the resident engineer.

603.03. Floor area over ten thousand (10,000) square feet. There shall be provided for each hospital, hotel, commercial, or industrial building, or similar use requiring the receipt or distribution of materials or merchandise, and having a floor area of more than ten thousand (10,000) square feet, at least one (1) off-street loading space for each ten thousand (10,000) square feet of floor space or fraction thereof. Such space shall be so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

603.04. Floor area less than ten thousand (10,000) square feet. There shall be provided for each hospital, hotel, commercial, or industrial building requiring receipt or distribution of materials or merchandise and having a floor area of less than ten thousand (10,000) square feet sufficient off-street loading space (not necessarily a full space if shared by an adjacent establishment) so located as not to hinder the free movement of pedestrians and vehicles over a sidewalk, street or alley.

603.05. Bus and truck terminals. There shall be provided sufficient space to accommodate the maximum number of buses or trucks to be stored or to be loaded at the terminal at any one (1) time.

603.06. Location of off-street loading spaces. All required off-street loading spaces shall be located on the same lot as the building which they are intended to serve, or on an adjacent lot when shared with the use occupying an adjacent lot.

603.07. Permanent reservation. Area reserved for off-street loading in accordance with the requirements of the this article shall not be reduced in area or changed to any other use unless the use which is served is discontinued or modified, except where equivalent loading space is provided and is approved by the zoning administrator.

No fence, wall, shrubbery, sign, marquee or other obstruction to vision between the heights of two and one-half (2½) and ten (10) feet from the ground level shall be permitted within twenty (20) feet of the intersection of the right-of-way lines of two (2) roads or railroad lines, or of a road intersection with a railroad line.

The following minimum distance between main buildings located on the same lot or parcel shall be required unless otherwise specified within this article or the county building code:

605.01. Front to front arrangement—40 feet;

605.02. Front to rear arrangement—50 feet;

605.03. Rear to rear arrangement—30 feet;

605.04. Side to side arrangement—20 feet;

605.05. All other combinations—20 feet.

Developments subject to major site plan review per Section 1103.03 may include the installation of sidewalks, constructed to VDOT standards, along the public right-of-way when the proposed developments are (i) located within the county's designated growth boundary for sewer, and (ii) front along U.S. highways or primary highways as classified by the Virginia Department of Transportation. This requirement may not apply where the zoning administrator determines, after consultation with VDOT, that the area is one where sidewalks do not presently exist and are not likely to be constructed.

(Ord. No. 2015-0011, § 1, 11-17-15)