Fredericksburg City Zoning Code
Article 72
6 Nonconformities
72-60.0 Purpose and intent.
A.
Within the districts established by this chapter or amendments thereto,
there exist lots, structures and uses of land which were lawful before
this chapter was passed or amended, but which will not comply with
one or more of the provisions of this chapter. Such land, buildings
and structures, and the uses thereof, which do not conform to the
zoning regulations prescribed for the district in which they are situated,
are referred to in this article as "nonconforming." The purpose of
this article is to regulate nonconforming uses, structures, and lots
in a manner consistent with sound planning and zoning principles and
in accordance with applicable laws.
B.
The general intent is that, over time, nonconforming uses, structures,
and lots should not be expanded or enlarged except in conformance
with this chapter. However, it is also recognized that nonconforming
uses, structures, and lots need not be entirely static, and that under
certain circumstances, nonconforming uses, buildings, structures,
and lots may change, in accordance with the provisions of this chapter.
72-61.1 Continuation.
Land, buildings, structures (including signs), and the lawful
uses thereof, in use as of October 8, 2013, which do not conform to
the zoning prescribed for the district in which they are situated,
may lawfully be continued, only so long as:
72-61.2 Exceptions.
Notwithstanding the foregoing, the following are exceptions
to the restrictions of this Article, to the extent specified below:
A.
A single-family dwelling, or addition thereto, for which a building
permit was issued prior to October 8, 2013, which does not comply
with the minimum yard requirements of the district in which it is
situated.
B.
Modifications to a building or structure, which consists of improvements
necessary to provide handicapped accessibility.
C.
Minor modifications of buildings or structures used for nonconforming
uses, where such minor modifications meet the criteria specified in
§ 72-24.1C.
D.
Building and structures authorized to be repaired, rebuilt or replaced following damage by casualty or act of God, subject to the provisions and requirements set forth within § 72-63.4.
E.
Vacant nonconforming lots may be used, subject to the provisions
of § 72-65.
F.
The reconstruction of an existing electrical transmission line of
less than 138 kilovolts, in substantial conformance with the existing
transmission line, structures and appurtenances, within existing easements.
This exception permits the replacement, upgrade, and modernization
of existing transmission lines and supporting structures and appurtenances.
The replacement of wooden structures with steel structures is permitted
under this exception.
[Added 4-25-2017 by Ord.
No. 17-03]
(1)
The height of each proposed structure may increase from the
height of the existing structure that it will replace, as follows:
(2)
The location of the new structures may vary from the existing
locations by up to 60 feet longitudinally, so long as the new structures
are located within existing easements. The applicant shall demonstrate
that the project design and engineering conform to applicable federal
and state laws and regulations. To qualify for this exception, the
applicant shall hold a public informational meeting, after notice
of the project and the route as follows: (1) publication once in a
newspaper of general circulation in Fredericksburg: (2) written notice
to the City Manager and City Attorney; (3) written notice to each
owner of property within 300 feet of the proposed centerline. Notice
sent by first class mail to the last known address of such owner as
shown on the current real estate tax assessment books or current real
estate tax assessment records shall be deemed adequate compliance
with this requirement. The public notices shall be generally consistent
in form with the requirements in Code of Virginia § 56-46.1B.
The public information meeting shall be held during the six-month
period immediately preceding the start of construction. The location
of any new structures within the public rights-of-way shall be regulated
by the City Manager under the appropriate franchise regulations.
72-62.1 Generally.
A.
Uses of buildings or structures shall be required to conform to the
regulations of the applicable zoning district, whenever, with respect
to the building or structure, the square footage of a building or
structure is enlarged, or the building or structure is structurally
altered as provided in the Uniform Statewide Building Code, Section
36-97 et seq.
B.
No building in which a nonconforming use is conducted and which has
been declared by a duly authorized public official to be unsafe shall
be restored, repaired or rebuilt for any use other than ones permitted
in the zoning district in which such building is located.
C.
Any change in a nonconforming use authorized pursuant to the provisions
of this Article shall be subject to the requirements of § 72-66.
72-62.2 Expansion limitations.
A.
A nonconforming use shall not be expanded or extended into any other
portion of the structure which was not occupied by the nonconforming
use as of October 8, 2013.
B.
Expansion or alteration of a residential structure in which a nonconforming
use is located will be permitted provided such expansion or alteration
does not increase the extent of the structure's nonconformity with
the minimum site or yard requirements of the zoning district.
C.
No nonconforming use may be expanded on a lot which is not properly
zoned to permit such nonconforming use, unless the zoning is amended
or a special use permit is obtained, as may be applicable.
72-62.3 Minor expansion.
72-62.4 Continuation or replacement of a more restrictive nonconforming use.
A change of nonconforming use may be allowed as set forth in § 72-24.4.
72-63.1 General requirements.
A.
Any change to a nonconforming building or structure, including alterations,
additions and expansions, shall be subject to the requirements of
§ 72-66.
B.
No nonconforming building or structure shall be moved on the same
lot or to any other lot which is not properly zoned to permit such
nonconforming building or structure.
72-63.2 Repairs and maintenance.
Routine maintenance necessary to keep a nonconforming building or structure in good repair, and to prevent unsafe conditions and deterioration of materials, shall not be deemed a change in the structural condition of the property, for purpose of § 72-61.1C.
72-63.3 Minor alterations.
[Amended 1-10-2017 by Ord. No. 16-28]
Minor alterations shall not be deemed a change in the structural condition of the property, for purposes of § 72-61.1C. Minor alterations are alterations that meet one or more of the following criteria:
A.
The alterations consist of cosmetic modifications, interior renovations
and similar improvements to a nonconforming residential structure
and such alterations do not increase the land area occupied by any
portion of the nonconforming building or structure, and shall not
increase the gross floor area of any nonconforming building or structure.
B.
The alterations do not increase the extent of the structure's nonconformity
with the minimum site or yard requirements of the zoning district.
C.
The alterations consist of a substantially similar replacement of
an existing residential accessory building or structure, including,
but not limited to, a fence, storage shed, garage or swimming pool,
may be permitted and shall not be required to meet more restrictive
setbacks enacted since the date the accessory structure became nonconforming,
however, all other zoning regulations for the district in which the
accessory structure is located shall apply.
D.
In areas
where form-based code requirements apply, alterations on sites that
do not meet the private frontage requirements are minor if:
[Added 6-8-2021 by Ord. No. 21-16]
(1)
The
alteration consists of an addition to the rear of the structure and
does not increase the extent of the structure's nonconformity with
the minimum site or yard requirements of the zoning district;
(2)
The
alteration consists of an addition to the front of the structure that
complies with the build-to zone requirements; or
(3)
The
alteration consists of an addition to the front of side of the existing
building, is outside of the build-to zone, and does not exceed 15%
of the gross floor area of the existing structure.
72-63.4 Casualty damage.
A.
Generally.
(1)
The owner of any nonconforming residential or commercial building
or structure that is damaged or destroyed by casualty, including a
natural disaster or other act of God, may repair, rebuild, or replace
without the need to obtain a variance, provided such restoration eliminates
or reduces the nonconforming features to the maximum extent possible
and such restoration is completed within two years of the date of
the casualty. For the purposes of this section, owners of property
damaged by an accidental fire have the same rights to rebuild such
property as if it were damaged by an act of God. Nothing herein shall
be construed to enable the property owner to commit an arson under
Code of Virginia, § 18.2-77 or 18.2-80, and obtain vested
rights under this section.
(2)
If such building or structure is damaged greater than 50% and
cannot be repaired, rebuilt or replaced except to restore it to its
original nonconforming condition, the owner shall have the right to
do so.
(3)
The owner shall apply for a building permit and any work done
to repair, rebuild or replace such building or structure shall be
in compliance with the provisions of the Virginia Uniform Statewide
Building Code and the City's floodplain regulations adopted as a condition
of participation in the National Flood Insurance Program.
(4)
For the purposes of this section, the terms "casualty" and "act
of God" shall each mean and refer to any natural disaster or phenomena
including a hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake or fire caused by lightning or wildfire.
B.
Disaster declaration. If the area is under a federal disaster declaration
and the building has been damaged or destroyed as a direct result
of the conditions that gave rise to the declaration, then an additional
two years is permitted to complete the restoration. For the purposes
of this article, "act of God," shall include any natural disaster
or phenomena, including a hurricane, tornado, storm, flood, high water,
wind-driven water, tidal wave, earthquake or fire caused by lightening
or wildfire. For the purposes of this article, owners of property
damaged by an accidental fire have the same rights to rebuild such
property as if it were damaged by an act of God.
72-63.5 Other rights.
A.
If (i) the owner of the building or structure has obtained a building
permit, the building or structure was thereafter constructed in accordance
with the building permit, and upon completion of construction, the
owner of the building or structure obtained a certificate of occupancy
of a use permit therefor, or (ii) the owner of the building or structure
has paid taxes to the locality for such building or structure for
a period of more than the previous 15 years, the building or structure
is nonconforming, but such building or structure is not illegal and
shall not be removed solely due to such nonconformity. Such building
or structure shall be brought into compliance with the Virginia Uniform
Statewide Building Code, provided that to do so shall not affect the
nonconforming status of such building or structure.
[Amended 10-14-2014 by Ord. No. 14-36]
B.
If an owner has obtained a permit, other than a building permit,
that authorized construction of an improvement to real property and
the improvement was thereafter constructed in accordance with such
permit, the improvements are nonconforming, but not illegal.
C.
An owner of real property shall be permitted to replace an existing
on-site sewage system for any existing building in the same general
location on the property even if a new on-site sewage system would
not otherwise be permitted in that location, unless access to a public
sanitary sewer is available to the property. If access to a sanitary
sewer system is available, then the connection to such system shall
be required. Any new on-site system shall be installed in compliance
with applicable regulations of the Department of Health in effect
at the time of the installation.
D.
Nothing in this section shall be construed to prevent the land owner
or home owner from removing a valid nonconforming manufactured home
from a mobile or manufactured home park and replacing that home with
another comparable manufactured home that meets the current HUD Manufactured
Housing Code. In such mobile or manufactured home park, a single-section
home may replace a single-section home and a multisection home may
replace a multisection home. The owner of a valid nonconforming mobile
or manufactured home not located in a mobile or manufactured home
park may replace that home with a newer manufactured home, either
single- or multisection, that meets the current HUD Manufactured Housing
Code. Any such replacement home shall retain the valid nonconforming
status of the prior home.
72-63.6 Floodplain Overlay District.
[Amended 2-28-2023 by Ord. No. 23-02]
For nonconforming structures in the Floodplain Overlay District, see § 72-34.3E.
72-64.1 Generally.
Signs lawfully existing as of October 8, 2013, which do not
conform to the provisions of this section, and signs which are accessory
to a nonconforming use, shall be deemed to be nonconforming signs.
72-64.2 Ability to continue.
Nonconforming signs may be changed, altered, repaired, restored,
replaced, relocated or expanded only as provided in this article.
Nonconforming signs shall be subject to the regulations and restrictions
as set forth in § 72-59, except that:
A.
Nonconforming signs may be changed, altered, repaired, restored,
replaced, relocated or expanded only so long as the signs are not
structurally altered or the surface area of the sign is not increased.
B.
Nothing in this section shall be construed to prevent the City, after
making a reasonable attempt to notify the owner, from ordering the
removal of a nonconforming sign that has been abandoned. For purposes
of this section, a sign shall be considered abandoned if the use or
business for which the sign was erected has not been in operation
for a period of at least two years. Following the expiration of the
two-year period, an abandoned nonconforming sign shall be removed
by the owner of the property on which the sign is located, if notified
by the locality to do so. If, following such two-year period, the
locality has made a reasonable attempt to notify the property owner,
the locality through its own agents or employees may enter the property
upon which the sign is located and remove any such sign whenever the
owner has refused to do so. The cost of such removal shall be chargeable
to the owner of the property, and the owner shall reimburse the City
for such cost. Nothing herein shall prevent the City from applying
to a court for an order requiring the removal of an abandoned nonconforming
sign by the owner, by means of injunction or other appropriate remedy.
72-64.3 Moving nonconforming signs.
No nonconforming sign shall be moved on the same lot, and no
nonconforming sign shall be moved to any other lot which is not properly
zoned to permit such sign or on which such sign would be or remain
noncompliant with the zoning regulations prescribed for the district
in which such lot is located.
72-65.1 Use of undeveloped nonconforming lots.
A lawful, nonconforming lot may be used, provided that:
A.
The proposed use is a permitted use under this chapter.
B.
Requirements for minimum yard setbacks and maximum height are met.
C.
Wherever possible, the consolidation of adjacent nonconforming lots
is encouraged to meet the minimum lot size requirements.
D.
If minimum yard setbacks and maximum height requirements cannot be
met, variances may be available in accordance with this chapter.
72-66.1 Additional requirements for changes to nonconforming uses, buildings and structures.
[Amended 9-8-2020 by Ord. No. 20-17]
As part of any change in a nonconforming use, and as part of
any alteration, addition or expansion of a nonconforming building
or structure, a property owner shall be required to bring the following
site conditions into conformity with the requirements of this chapter:
off-street parking, landscaping, perimeter buffer, screening, stormwater
management, public frontage elements, private frontage elements, and
signage.
A.
Off-street parking, landscaping, perimeter buffers, signage and screening.
(1)
Expansion of 50% or less of gross square footage over five years
expansions in any continuous five-year period, which result in a 50%
or less increase in the gross square footage of the existing structure
(measured at the beginning of the five-year period), require that
a corresponding percentage of the off-street parking, landscaping,
perimeter buffer, screening, public frontage elements, private frontage
elements, and stormwater management standards of this chapter be installed
or upgraded on the site, until the site achieves 100% compliance.
(For example, if the addition is 25% of the area of the existing
structure and the site contains only 50% of the required landscaping,
25% of the required landscaping for the entire site must be provided,
thereby bringing the landscaping on the site to 75% of the total required.)
Existing landscaping on the site shall be retained or replaced
but shall not count toward the required percentage of new landscaping.
(2)
Expansion of greater than 50% of gross square footage over five
years. Expansions over any continuous five-year period, which result
in a greater than 50% increase of the gross square footage of the
existing structure (measured at the beginning of the five-year period),
require the entire property to meet all of the off-street parking,
landscaping, perimeter buffer, screening, public frontage elements,
private frontage elements, and signage standards of this chapter.
B.
Physically constrained properties- comply to maximum extent practicable.
Lands that are physically constrained (due to limited size, topography,
or other environmental considerations) from complying with these provisions
shall comply, to the maximum extent practicable, as determined by
the Zoning Administrator.
C.
Addition of outdoor storage area only. When only outdoor operations/storage/display
areas are being added or increased on a site, the percentage increase
in outdoor operations area shall require a corresponding percentage
increase in perimeter buffers and screening. Perimeter buffer and
screening augmentation shall be located so as to achieve the performance
objectives in § 72-55, Landscaping, with priority given
to screening the impacts of outdoor operations.