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Culpeper County Unincorporated
City Zoning Code

ARTICLE 27

- EXISTING STRUCTURES USE PERMIT

27-1.- Purpose.

27-1-1 Purpose:

The purpose of these provisions is:

27-1-1.1 To encourage the reuse of structures that existed prior to the approval of this ordinance and any amendments thereto.

27-1-1.2 To provide a planned use which serves an existing need in Culpeper County.

27-1-1.3 To permit uses without necessitating rezoning to allow said uses.

27-1-1.4 To allow planned improvement of nonconforming uses.

27-1-1.5 To encourage the planning and utilization of structures for uses not in conflict with surrounding uses in a manner which will contribute to the economic base of Culpeper County or otherwise further the purposes of this Ordinance.
(Ords. of 10-5-1979; 5-24-1989)

27-2. - General requirements.

Uses approved under the provisions of this Article shall be special uses requiring a use permit and following the procedures outlined in Articles 17 and 20 of this Ordinance. The proposed use shall also be subject to the regulations of this Article and any other pertinent provisions of this Ordinance.
(Ord. of 10-6-1976)

27-3. - Plan requirements.

Any application filed for an existing structures use permit shall include all documents and materials required by Article 20 of this Ordinance and a detailed description of the proposed use.
(Ord. of 10-5-1976)

27-4. - Function and use regulations.

27-4-1 Permitted uses:

Uses allowed with an existing structures use permit shall fall within the preview of section 27-1 of this Article, and further shall be limited to include only those uses which:

27-4-1.1 Avoid traffic congestion.

27-4-1.2 Provide adequate off-street parking.

27-4-1.3 Are of a nature that neither hours of operation nor noise generated shall adversely affect the surrounding land uses.

27-4-1.4 In no other way have a detrimental impact on surrounding land uses.
(Ord. of 10-5-1976)

27-5. - Area regulations.

27-5-1 Use to be contained within existing structure:

Use of any existing structure shall be contained wholly within said structure, including any additions or alterations thereto, as shown on the site plan submitted with the application.

27-5-2 Sight distance and visibility requirements:

No additions to the existing structure or placement of new structures, signs or landscaping shall violate the sight distance and visibility requirements of this Ordinance or those of the Virginia Department of Transportation.

27-5-3 Front, rear and side yard requirements:

All front, rear and side yard requirements of the district in which the site lies shall be met when building new structures or adding on to the existing structure.
(Ord. of 10-5-1976)

27-6. - Site improvements.

The proposed use shall comply with the required improvements of section 20-6 of this Ordinance.
(Ord. of 10-5-1976)

27-7. - Height requirements.

The height restrictions of the district in which the building site lies shall prevail except where the provisions of Article 9 of this Ordinance apply.
(Ord. of 10-5-1976)

27-8. - Off-street parking.

27-8-1 Number of parking spaces:

The total number of parking spaces to be provided shall be determined in accordance with Article 10-3-4 of this Ordinance. The total number of the required parking spaces shall be located on the premises.

27-8-2 Off-premises parking:

When space is not available or when available space in inappropriate because of physical site characteristics or improvements, the applicant shall demonstrate that the required off-street parking spaces are available within a walking distance of eight hundred (800) feet. The applicant shall produce written documentation of ownership or an agreement with the owner of off-premises parking spaces to demonstrate that sufficient spaces have been leased and assigned to the applicant for the sole purpose of meeting the parking requirements of the applicant's intended use.

27-8-3 Parking improvements:

The parking improvements listed in Article 10-2 of this Ordinance shall be adhered to.
(Ord. of 10-5-1976)

27-9. - Reserved.[28]

Footnotes:
--- (28) ---

Editor's note— Former section 27-9, adherence to requirements, as added by Ord. of 10-5-1976, was repealed by Ord. of 5-24-1989.


27-10. - Minimum requirements.

Notwithstanding section 27-9, however, the following minimum requirements shall be complied with in every case.

27-10-1 Vehicular access points:

Vehicular access points to the site and any street improvements, including widening and directional turning lanes if necessary, shall be provided in compliance with the standards set forth by the Virginia Department of Transportation.

27-10-2 Pedestrian walkways and entranceways:

Pedestrian walkways and entranceways shall provide direct access from existing and designated new parking areas to the building and shall connect with any existing pedestrian walkways. The applicant shall demonstrate that the proposed pedestrian walkways will offer protection to the users from motor vehicles.

27-10-3 Buffers:

The proposed use shall be buffered so as to provide a harmonious transition from the proposed use to surrounding uses. To accomplish this, the applicant may incorporate design elements, including but not limited to open space corridors, natural vegetation screens, park and recreation facilities or landscaping.

27-10-4 Nighttime illumination:

All parking, loading, access and service areas and pedestrian and vehicular corridors shall be adequately illuminated at night if necessitated by the applicant's operation. Such lighting, including sign lights, shall be arranged so as to protect the highway and adjoining property from direct glare or hazardous interference of any kind.

27-10-5 Sign requirements:

No sign or other structure shall be erected unless it fully complies with those requirements of Article 11 of this Chapter for the least intense district in which the proposed use would be permitted by right.
(Ord. of 10-5-1976)

27-11. - Nonconforming use applicability.

Any structure containing a nonconforming use may qualify for a use permit under the provisions of this Article. If said application is approved, however, acceptance shall constitute the changing of a nonconforming use to a conforming use and thereby negate any rights peculiar to a nonconforming use.
(Ord. of 10-5-1976)

27-12. - Time limit on permit.

Permits issued pursuant to this Article shall remain in effect until such time as the use for which the permit was granted is altered in any manner from the use as stated in the application for permit; or the approved use ceases to operate for a period of one year. At this time, the permit shall become null and void. However, the Board of Supervisors may, after receiving the recommendations of the Planning Commission, grant a time extension for lapsed uses in those cases where termination of the use has been caused by events beyond the control of the current holder of the permit.
(Ord. of 10-5-1976)

27-13. - Development plan changes during construction.

After the final development plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of parking areas, entrances, heights or yards are requested by the applicant and such requests conform to the standards established by the approved final plan for the area to be covered by buildings, site improvements, height requirements and parking spaces, such adjustments may be approved by the zoning administrator upon application and without fee.
(Ord. of 10-5-1976)

27-14. - Future additions or alterations.

There shall be no future additions or alterations to the structure as shown on the plan submitted with the application for permit. Deviations from the approved plan shall constitute the creation of a new use and require application for a new permit in the manner prescribed hereinabove.
(Ord. of 10-5-1976)