It is the intent of this zoning ordinance not to impair any vested right, in accordance with the mandate of Virginia law. However, as Virginia law also recognizes, the integrity and uniform application of this zoning ordinance and the resulting consistency of development and harmony of communities in this city require that, except in certain specified instances, those uses and structures which have become nonconforming with the standards applied to other development under this zoning ordinance should not be encouraged to maintain their nonconformity and should not be allowed to expand in a manner which would increase their nonconformity.

A.

Existing uses, buildings and structures. Any lawful use, building or structure existing on the effective date of this ordinance or existing at the time of any amendment of this ordinance may be continued even though such use, building or structure does not conform with all of the requirements of this ordinance, as enacted or amended, for the district in which it is located. Such use, building or structure shall be deemed a "nonconforming use."

B.

Effect of change in occupancy or ownership. A change in occupancy or ownership shall not affect such right to continue such use, building or structure.

A.

Authorization of use or structure under building permits issued before change in zoning ordinance; effect when permit lapses.

1.

Any building permit which was lawfully issued before the effective date of this ordinance or before any applicable amendment to this ordinance shall be deemed to authorize the construction of a building or structure in accordance with the requirements of the zoning ordinance existing at the time the permit was issued.

2.

If such building permit is allowed to lapse or otherwise becomes void, any subsequent construction shall comply with the requirements of the zoning ordinance in effect when the new building permit is issued.

B.

Authorization of site development under preliminary site plans approved before change in zoning ordinance; lapsing of preliminary site plans.

1.

Where the development of a site requires the approval of a site plan by the city, any preliminary site plan which was lawfully approved before the effective date of this ordinance or before any applicable amendment to this ordinance shall be deemed to authorize the location, construction and use of all buildings, structures and related features on the site as they are shown on the preliminary site plan in accordance with the requirements of the zoning ordinance existing at the time the preliminary site plan is approved.

2.

Any new zoning ordinance requirements that become effective after the date of preliminary site plan approval but before final site plan approval shall still apply to any such preliminary site plan, provided that such new requirements do not affect the location and dimensions of the buildings and related structures as approved in the site plan. The planning director shall require modification of a proposed final site plan if zoning ordinance amendments, effective after the date of preliminary site plan approval but before final site plan approval, require changes that do not affect the location and dimensions of the buildings and related structures on the site.

3.

An approved preliminary site plan shall be valid for a period of five (5) years, provided that the developer:

(a)

Submits a final site plan within three (3) years of such approval, and

(b)

Thereafter diligently pursues approval of the final site plan. Diligent pursuant shall have the same meaning as in section 70-25(g) of the City Code.

C.

Authorization of site development under final site plans approved before change in zoning ordinance; lapsing and extension of final site plans.

1.

Where the development of a site requires the approval of a site plan by the city, any final site plan which was lawfully approved before the effective date of this ordinance or before any applicable amendment to this ordinance shall be valid for a period of not less than five (5) years from the date of approval. During the time that the final site plan is valid, no change or amendment to this ordinance or any other applicable city ordinance or regulation adopted after the date of final site plan approval shall adversely affect the right of the developer or the developer's successor in interest to commence and complete an approved development in accordance with the lawful terms of the final site plan, unless the change or amendment is required to comply with state law or there has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.

2.

At the end of the five-year period, an approved final site plan shall automatically lapse and become void, unless the director of development and permits, or designee, upon application filed by the developer or successor prior to the date of lapse, approves an extension of the approval period. No extension shall be granted for any plan that would violate local, state or federal law, regulations, mandatory department of transportation engineering and safety requirements, and other mandatory engineering and safety requirements. The refusal of the director to grant such extension may be appealed by the applicant to the planning commission. In the event of the lapse of an approved final site plan, application for a new preliminary site plan shall be required, under the provisions of the zoning ordinance and other applicable law existing at the time of the new application.

D.

Effect of certain laws on preliminary and final site plans. As provided for in section 15.2-2261.E., Code of Virginia, 1950, as amended, nothing in subsections (B) and (C) above shall be construed to affect the application of the following to both preliminary and final site plans:

1.

The application, to the greatest extent possible, to individual lots within site plans, of the provisions of the city's ordinances implementing the Chesapeake Bay Preservation Act.

2.

The application to individual lots within site plans of the provisions of the city's ordinances enacted to comply with the requirements of the Federal Clean Water Act, section 402(p.) of the stormwater program and regulations promulgated thereunder by the Environmental Protection Agency.

3.

The authority of city council to impose valid conditions upon approval of any conditional use permit.

E.

Authorization of a use or structure under conditional use permits.

1.

Where a conditional use permit has been issued to permit a particular use on a site before the effective date of this zoning ordinance or before the date of any applicable amendment to this ordinance, the permit shall be deemed to authorize the conditional use granted, unless the permit expires.

2.

At the time that a site plan approval or building permit issuance is sought for the development of the site under the use permit, the layout and construction of the site shall comply with the zoning ordinance in effect at that time, as provided for in subsection (B) above, unless the conditional use permit included a specific site plan that was approved as part of the use permit.

3.

Where a specific site plan with specified dimensions that comply with this zoning ordinance then in effect has been approved as part of the conditional use permit, construction in accordance with the terms of the approved plan shall be deemed to be authorized. Any new zoning ordinance requirements that become effective after the date the conditional use permit is approved shall still apply to all construction on the site, provided that they do not affect the location and dimensions of the buildings and related structures as approved in the site plan accompanying the use permit. All site plans approved in conjunction with a conditional use permit shall be considered preliminary site plans.

4.

With the exception of churches, where the use conducted on a site was established at a time when such use was a permitted use on the site under the zoning ordinance and subsequent amendment of the zoning ordinance changes such use to a conditional use of that site, no extension or expansion of that use, building or structure may occur unless a conditional use permit is obtained for both the existing use and the proposed expansion or extension. Denial of a use permit application under this subsection shall not affect the continued status of the existing use as a lawful nonconforming use.

5.

Lawfully nonconforming churches existing in those zoning districts in which churches are now a conditional use, other than the B-5 district, may be expanded in accordance with section 17-111 of this ordinance, except that signage must conform with the requirements of the zoning district in which the property is located. Lawfully nonconforming churches in the B-5 district may only be expanded with a conditional use permit.

6.

If a conditional use permit granted by city council is allowed to lapse or otherwise becomes void, any subsequent application for a use permit for the site shall comply with the requirements of the zoning ordinance in effect when the application for the new use permit is approved.

(Ord. No. 98-O-012, 1-20-98; Ord. No. 01-O-032, 4-17-01; Ord. No. 06-O-023, 2-21-06; Ord. No. 09-O-007, 1-27-09; Ord. No. 09-O-051, 5-19-09; Ord. No. 24-O-090, 8-20-24)

A.

Conditions for allowing expansion or alteration. A building or structure that is conforming as to use, but is nonconforming as to its structural and site dimensions (e.g., floor area, lot, yard, parking, road frontage, loading spaces, etc.), may not be enlarged or structurally altered unless the enlargement or alteration itself meets all of the following criteria:

1.

The nonconforming building or structure is located on a lawful nonconforming lot shown on an approved subdivision plat that was recorded prior to the adoption of the 1993 zoning ordinance.

2.

The applicant provides a survey showing lot dimensions and the exact location of existing buildings and structures thereon, if requested by the zoning administrator to establish the extent of the nonconformity.

3.

The construction involved in the expansion or alteration does not extend beyond established nonconforming building lines of the original building or structure by further encroaching into setbacks.

4.

The construction does not otherwise increase the degree of nonconformity of the building or structure, as determined by the zoning administrator.

5.

The following setbacks are maintained without modification, reduction or variance:

a.

Front yard: Twenty (20) feet or the front building line of the principal building, whichever is greatest.

b.

Sideyards: Five (5) feet each or in accordance with landscape buffer requirements, whichever is greater. Dwellings in the R-6 and R-SFA zoning districts may be expanded to the sideyard setbacks provided for in section 6-1802 of this ordinance.

c.

Rear yard: A distance not less than fifteen (15) percent of the lot depth or fifteen (15) feet, whichever is greatest.

6.

For purposes of measurement under this section, and notwithstanding anything to the contrary in this ordinance, roof overhangs, gutters, chimneys, awnings, canopies and uncovered terraces, decks, porches and patios shall be included in determining whether the expansion or alteration meets the minimum setback requirements set out in subsection 5.

7.

The lot coverage of all existing and proposed buildings and structures on the nonconforming lot does not exceed the maximum lot coverage established for the applicable zoning district.

8.

The expansion or alteration does not encroach into the visibility clearance areas required by section 19-204 of the ordinance, and the department of public works determines that the expansion will not otherwise interfere with or impede traffic visibility.

9.

The expansion or alteration does not encroach into any easement for public water, sewer or drainage unless written consent has been granted by the affected city department.

10.

For all applications to enlarge or alter a nonconforming building or structure located on a nonconforming lot in the R-6 or R-SFA Residential District, notice of the proposed enlargement or alteration shall be given to adjacent property owners and occupants in accordance with subsection 6-1803.A. of this ordinance.

11.

The applicant remits all building permit fees and otherwise complies with all applicable city ordinances.

In the event an application to enlarge or alter a nonconforming building or structure fails to meet one or more of the criteria set out above, or in the event the zoning administrator receives an objection from the owner or occupant of an adjacent property, the zoning administrator shall deny the requested building permit. The applicant may then request a variance to setbacks from the city board of zoning appeals in accordance with article 20 of this ordinance.

B.

Expiration due to noncompletion. Notwithstanding anything to the contrary in this ordinance, any building permit issued under this section shall expire if the enlargement or alteration of the nonconforming building or structure is not completed within two years of the date the permit was issued.

C.

Exception for indoor toilet facilities. When a nonconforming building lacks indoor toilet facilities, alteration of the building for the construction of such facilities shall be permitted, regardless of whether such construction increases the degree of nonconformity or whether the criteria in this section are met.

D.

All other regulations apply. Nothing in this section shall be construed as exempting or waiving any requirement of this ordinance or the city code not relating to the nonconformity of the building or structure being enlarged or altered.

(Ord. No. 98-O-121, 8-25-98; Ord. No. 03-O-027, 3-18-03; Ord. No. 06-O-023, 2-21-06)

A.

Expansions of lawfully nonconforming uses are generally prohibited.

1.

A lawful nonconforming use may not be enlarged or extended beyond the size, character and intensity of the use as it existed at the time that it became nonconforming, except as provided for in subsection B of this section.

2.

A building or structure containing a lawful nonconforming use shall not be enlarged, extended, reconstructed or moved to support the lawfully nonconforming use, or in changing the use of the building or structure to one which is permitted or for which a conditional use permit has been granted, or as provided for in subsection B of this section.

3.

No additional buildings or structures may be constructed to support a lawfully nonconforming use, or as provided for in subsection B of this section.

B.

Permitted expansions of lawfully nonconforming uses.

1.

A lawful nonconforming use may be extended throughout any part of the building or structure in which it is located if the building or structure was manifestly arranged or designed for such use as of the effective date of this ordinance, provided that no structural alterations, except those required by law, may be made in such building, and no expansion of the building or structure may occur.

2.

A mobile home determined to be a lawful nonconforming use may be replaced with a comparable manufactured housing unit that complies with the current Department of Housing and Urban Development Manufactured Housing Code, as amended, and the current provisions of the Virginia Uniform Statewide Building Code and does not, in the opinion of the zoning administrator, expand or increase the degree of nonconformity, or change the character of the lawful nonconforming use.

3.

A single-family detached or two-family residential dwelling and related accessory structures containing a lawfully nonconforming single-family or two-family residential use may be expanded to the setbacks required for the zoning district in which the dwelling is located if the adopted Land Use Plan designates the area in which the dwelling is located as residential as determined by the planning director or designee. No expansion shall exceed 1,000 square feet of gross floor area or the maximum lot coverage, whichever results in fewer square feet of expansion.

4.

The zoning administrator may approve changes in the activities, buildings and structures on a site where a lawful nonconforming use is being conducted, if such changes, in the determination of the zoning administrator, reduce the size, intensity or nonconforming character of the use of the site from that of the original nonconforming use. No such change may involve the addition or expansion of buildings or structures to carry out or support the nonconforming use, except in accordance with subsections 1 through 3 above.

C.

Unpermitted expansions of nonconforming uses.

1.

Continuation of nonconforming uses.

a.

A nonconforming use may continue in the size, location, extent, and character as it existed on the date it became nonconforming.

b.

Unless otherwise allowed under this article of the zoning ordinance, an owner or responsible party conducting a nonconforming use shall not:

i.

Change, enlarge, increase, or extend the area, character, or intensity of the nonconforming use; or

ii.

Enlarge, expand, reconstruct or structurally alter an existing building or structure that supports the use; or

iii.

Construct a new building or structure to support the use.

2.

Enforcement procedure for unpermitted expansion of non-residential nonconforming uses.

a.

For purposes of this section, "non-residential" shall include all properties except those that are used for residential purposes. Properties that are used for lawful residential purposes are exempt from the provisions listed in this subsection.

b.

Determination from zoning administrator. The zoning administrator shall determine whether the character of a non-residential nonconforming use has expanded based on the magnitude of the change in size and scope of the use and its related impacts. In evaluating changes, the zoning administrator may consider increases in volume, extent, area, or intensity of use; any enlargement, expansion, reconstruction, or alteration of the use of an existing building or structure that supports the use; or construction of new buildings or structures to support the use. Trivial, insubstantial, or incidental changes to the volume, intensity, or frequency of the use shall not be deemed to be an unpermitted expansion of a nonconforming use.

c.

Notice of termination of nonconformity. Upon finding that a nonconforming non-residential use has been impermissibly expanded under this section, the zoning administrator or designee may issue a notice of violation that gives the owner or responsible party a minimum of sixty (60) days to return its use to the previously lawful non-residential nonconforming use.

i.

In addition to other legally required information, a notice of violation under this section shall inform the owner or responsible party that failure to comply with or appeal the notice will result in the termination of the non-residential nonconformity.

ii.

If the expanded use is not fully ceased or entirely removed within the approved compliance period, and if the owner or responsible party does not timely appeal the notice of violation as provided for in this section, the previously lawful nonconforming non-residential use is terminated.

iii.

Upon termination of the lawfully nonconforming non-residential use, the use of the lot or structure shall immediately comply with the regulations set forth in this zoning ordinance.

(Ord. No. 02-O-124, 10-15-02; Ord. No. 05-O-146, 11-15-05; Ord. No. 17-O-081, 11-21-17; Ord. No. 25-O-025, 4-15-25)

A.

In general. Any building or structure which is lawfully nonconforming under this ordinance or which contains a lawful nonconforming use may be maintained and repaired as any other building or structure, subject to the provisions of subsection (B) below.

B.

When structure is damaged to an extent not exceeding fifty percent of its assessed value.

1.

Any nonconforming building or structure or a building containing a nonconforming use which is damaged by any casualty, to an extent not exceeding fifty (50) percent of its assessed value (according to the records of the real estate assessor) at its most recent assessment preceding such damage, may be restored within two (2) years after such destruction or damage, but shall not be enlarged beyond its original dimensions unless an alternative location is approved in accordance with subsection C.3 below.

2.

The owner shall be required to present to the zoning administrator, at the time application is made for a building permit to repair the structure, estimates from two independent and licensed contractors establishing the cost of such repair. The zoning administrator may waive this requirement if it is evident to the zoning administrator that the damage to the structure does not exceed the limit set out above.

3.

Unless such building or structure is fully restored to use within two (2) years of the date of damage, it shall be deemed to be abandoned, and any subsequent use of the building or structure will be required to comply with the then-existing provisions of this zoning ordinance for the zoning district in which such building or structure is located.

4.

As used herein, the term "casualty" may include dilapidation of a building or structure only in cases where the director of development and permits, or designee, declares the building or structure unsafe under the City Code or the Virginia Uniform Statewide Building Code and orders its removal.

C.

When structure is damaged to an extent exceeding fifty percent of its assessed value. A nonconforming building or structure or a building containing a nonconforming use which is damaged by any casualty, including dilapidation under the circumstances described in subsection B.4. above, to an extent exceeding fifty (50) percent of its assessed value, as calculated above, shall not be reconstructed unless the nonconforming building is a single-family or two-family dwelling, and as provided in section 15.2-2307 of the Code of Virginia for vested rights, in which event it may be reconstructed within two (2) years of such damage or longer period only as required by the Code of Virginia.

1.

Such building shall only be reconstructed within the same foot print and with the same number of stories as existed immediately before the building became damaged to an extent exceeding fifty (50) percent of its assessed value, except as provided below.

2.

An owner may seek approval from the director of development and permits, or designee, for an adjustment in the number of stories provided that the director determines that the proposal is consistent with seventy-five (75) percent of the existing dwellings within two hundred fifty (250) linear feet of the subject property as measured from each side lot line. In the event that no such determination can be made, the reconstruction shall conform to paragraph 1.

3.

Upon application by the owner, the zoning administrator may approve a building permit to alter the location of the footprint in a manner that does not increase the degree of nonconformity not sooner than fifteen (15) days after written notice has been mailed to all adjacent properties, including those located directly across the street. A sign shall be posted in accordance with section 16-105 of this zoning ordinance for the 15-day period. The applicant shall be responsible for providing the zoning administrator with a complete and accurate list of the names and addresses of all adjacent property owners and occupants and a stamped, addressed envelope for each such owner or occupant identified on the list and for ensuring that the posted sign remains in the required location. Objections must be submitted to the zoning administrator within fifteen (15) days from the date of the written notice and the date of sign posting. No building permit may be issued during this 15-day period, nor may a building permit be issued if an objection is received or if the mailing list is determined to be incomplete or inaccurate or sign posting fails to comply with the minimum requirements. If the zoning administrator does not approve the building permit, the owner may seek a special exception from the planning commission and each special exception shall be reviewed for compatibility with surrounding properties. In no event shall a special exception or building permit increase the size of the footprint.

D.

Special provisions for replacement of nonconforming mobile homes. Notwithstanding anything to the contrary herein, a lawfully nonconforming mobile home may be replaced with a comparable manufactured housing unit that meets the then current Department of Housing and Urban Development Manufactured Home Safety Regulations, as may be amended; is in full compliance with the then current provisions of the Virginia Uniform Statewide Building Code; and does not increase the degree of nonconformity by further encroachment into setbacks or any other increase in noncompliance with applicable development regulations.

(Ord. No. 98-O-012, 1-20-98; Ord. No. 02-O-124, 10-15-02; Ord. No. 10-O-127, 10-19-10; Ord. No. 11-O-046, 5-17-11; Ord. No. 23-O-091, 8-15-23)

A.

Conditions for changing use in a nonconforming building or lot. The use carried out in a lawful nonconforming building or lot cannot be changed unless all of the following occur:

1.

Prior notice of the change in use is given to the zoning administrator.

2.

The use is a permitted use under this zoning ordinance in the zoning district in which the building is located. (This shall include a conditional use for which a conditional use permit has been approved.)

3.

The available off-street parking is sufficient to meet the requirements of this zoning ordinance for the proposed use; or, if the lot is lawfully nonconforming and unable to meet the off- street parking requirements of this zoning ordinance because of its size, then the off-street parking requirements for the new use under this zoning ordinance shall not exceed those of the existing or former use.

If a lawful nonconforming use is discontinued for more than two (2) years, it shall be deemed to be abandoned. The land and building previously devoted to such nonconforming use shall automatically be required to comply with the then-existing provisions of this zoning ordinance for the zoning district in which such land and building are located.

A.

Provisions do not apply to uses, buildings and lots established in violation of law. The provisions of this chapter shall not apply to any use established or to any building or structure erected or lot created in violation of law, regardless of how long such use, building or structure has been in existence. In accordance with the requirements of section 15.2-2307 of the Code of Virginia, 1950, as amended, a building or structure shall not be considered an unlawful nonconformity if (i) a building permit has been issued for the building or structure, thereafter constructed in accordance with the building permit, and upon completion of the construction, a certificate of occupancy or use permit has been issued, (ii) a property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code (§ 36-97 et seq.), or (iii) the owner of the building or structure has paid real estate taxes for the building or structure for a period of more than the previous fifteen (15) years. In addition, if a building or structure does not require a building permit, and the zoning administrator determines that the structure will comply with this ordinance and relays said finding to the property owner, and the improvement was thereafter constructed, then the structure shall be nonconforming but it shall not be subject to removal solely due to such nonconformity.

B.

Proof of legal nonconformity. The burden shall be upon the person claiming a lawful nonconformity to prove that the nonconforming use, building, structure or lot was established in compliance with the law. The zoning administrator may require, among other things, the following forms of evidence:

1.

An affidavit from the owner of the property involved, setting out when the use, building or structure was first established and describing the nature and dimensions of the use, building or structure at the time that such became nonconforming.

2.

A copy of a building permit, license or other similar document establishing that the use, building or structure was commenced lawfully.

3.

Corroboration from third parties.

4.

A physical survey indicating the former building size and location on the site.

C.

Determinations by zoning administrator. The zoning administrator shall make a written determination on all applications for decision on the status of an existing use, building, structure or lot as lawfully nonconforming. All nonconforming uses, buildings, structures and lots for which a written determination of lawful nonconformity has not been given by the zoning administrator shall be presumed to be illegal.

(Ord. No. 09-O-007, 1-27-09; Ord. No. 14-O-122, 9-23-14; Ord. No. 17-O-076, 10-17-17; Ord. No. 24-O-104, 9-17-24)

Note— Ord. No. 24-O-104, adopted September 17, 2024, shall be retroactive to July 1, 2024.

A.

Compliance with certain requirements; modifications authorized by planning commission. Any lot of record lawfully existing on the effective date of this zoning ordinance or of any applicable amendment to the ordinance, except as provided for merged lots in subsection E., which does not comply with the dimensional requirements established for the zoning district in which the lot is located may nevertheless be used in a manner consistent with the uses permitted for a lot which does comply; provided, however, that any such use, or building or structure housing such use, must comply with the development standards for lots in that zoning district.

B.

Status of lots in approved preliminary subdivision plats. For the purposes of this section, any lot shown on a preliminary or final subdivision plat which was approved by the proper city authority in accordance with law prior to the effective date of this zoning ordinance or of any applicable amendment to the ordinance and which plat was subsequently recorded in due course without further review and approval by the planning commission being required shall be deemed to be a lot of record at the time of the adoption of the ordinance or applicable amendment.

C.

Resubdivision or development of nonconforming lots. A subdivision recorded or developed prior to the adoption of this zoning ordinance which does not comply with the requirements of the ordinance may be resubdivided and redeveloped, in whole or in part, provided that such resubdivision conforms with the then-existing requirements of this zoning ordinance and other applicable ordinances and regulations. However, the planning director may approve a proposed resubdivision or a change in boundary lines, involving nonconforming lots, which in the planning director's determination would reduce the degree of nonconformity of the existing lots. Any such resubdivision or change in boundary lines must also comply with all applicable procedures required by state law and the subdivision ordinance.

D.

Nonconforming lots, uses, buildings and structures created by condemnation or government action. Any lot, building, structure or use which was lawfully established but which no longer conforms to the provisions of this ordinance due to a reduction in land area by condemnation or similar proceedings shall be deemed a legal nonconforming lot, building, structure or use and shall be subject to the provisions of this article. For purposes of this subsection, "similar proceedings" shall mean the acquisition of private property for public purposes by a governmental unit having condemnation powers.

E.

Unified ownership of contiguous lots.

1.

Contiguous lots under the same ownership that each have a lot width of less than forty (40) feet in residential zoning districts, except R-6 and R-SFA, and thirty seven (37) feet in lot width and less in the R-6 and R-SFA zoning districts shall be considered merged into one lot, whether or not a principal structure has been constructed on the merged lots as of February 22, 2006, the date this ordinance amended the Chesapeake Zoning Ordinance. This provision shall not apply to contiguous lots under the same ownership on which a dwelling has been constructed on each contiguous lot as of February 22, 2006, the date this ordinance amended the Chesapeake Zoning Ordinance.

2.

No subdivision or resubdivision shall be permitted for merged lots that would result in any lot that does not conform to the current development standards for each zoning district set out in article 6, except for merged lots in the R-6 and R-SFA zoning districts.

a.

Merged lots in the R-6 and R-SFA zoning districts may be subdivided or resubdivided to provide a minimum of thirty-seven (37) feet in lot width in accordance with the following:

i.

No subdivision or resubdivision shall be approved that depicts a lot with less than thirty-seven (37) feet in lot width.

ii.

No subdivision or resubdivision shall be approved that adjusts the location of a front or rear lot line from the front and rear lot line established by the merged lot to reduce the depth of a subdivided or resubdivided lot.

iii.

A subdivision and resubdivision of a merged lot shall not be required to meet all other applicable development standards if the subdivision or resubdivision does not adjust the front or rear lot line to reduce the depth of a subdivided or resubdivided lot and achieves a minimum of thirty-seven (37) feet in lot width for each subdivided or resubdivided lot.

3.

For purposes of this section, the following definitions shall apply:

Contiguous lots means lots that share a side lot line.

Under the same ownership means any form of interest, whether fee simple, contractual or otherwise, in property held by the same person or entity as of February 22, 2006, the date this ordinance amended the Chesapeake Zoning Ordinance.

(Ord. No. 98-O-012, 1-20-98; Ord. No. 06-O-023, 2-21-06)

Whenever the boundaries of a zoning district are changed, any uses, buildings or structures which become nonconforming as a result of such change shall become subject to the provisions of this article.