A.

The purpose of this article is to establish general rules for nonconformities. Nonconformities are uses, structures, lots, signs, and other site features that were legally established before the adoption of this Ordinance, or any subsequent amendment thereto, that do not conform to the requirements of this Ordinance.

B.

Provisions in other articles of this Ordinance may establish rules for specific nonconformities. Those rules control to the extent that there is inconsistency between them and the general rules for nonconformities in this article.

A.

Any nonconforming use, structure, lot, sign, or other site feature may be continued, repaired, and maintained (see Sec. 24-6103, Minor Repairs and Maintenance, below).

B.

A nonconforming use, structure, lot, sign, or other site feature must not be altered, enlarged, or extended, except in accordance with this article, or, in the case of a nonconforming use or structure within a resource protection area, unless a waiver is granted in accordance with Sec. 24-5806, Chesapeake Bay Preservation: Nonconforming Uses and Noncomplying Structures in RPAs.

A.

Routine repair and maintenance of nonconforming structures, signs, and other site features, and structures housing nonconforming uses, necessary to keep the structure or other site feature in the same condition as at the time the nonconformity was established, is allowed.

B.

No provision of this article will be construed to prohibit modifications to structures necessary for compliance with the Americans with Disabilities Act (ADA), or actions to bring to a safe condition any structure declared to be unsafe by any official charged with protecting the public safety, health, or welfare.

A change of tenancy or ownership does not, in and of itself, affect nonconforming status.

A nonconforming use may be continued but may not be expanded, enlarged, or changed to a more intense use. A structure housing a nonconforming use may be continued, but must not be moved, enlarged, extended, reconstructed, substituted, or otherwise structurally altered except as provided in this division.

A nonconforming use may be changed to another nonconforming use in the same use category or to any other use that the applicant demonstrates to the satisfaction of the Planning Director does not create more external effects than the existing nonconforming use with respect to traffic generation, parking requirements, noise, smoke, dust, gasses, heat, odor, glare, vibration, storage, and waste disposal.

A.

A nonconforming use of land located outside of a structure must not be enlarged to occupy more land than it occupied at the time the use became nonconforming.

B.

A nonconforming use of a structure may be enlarged or extended only into portions of the structure that were arranged or designed for the use at the time the use became nonconforming. The enlargement or extension of the use must not involve any structural alterations to the building.

C.

A nonconforming single-family dwelling or duplex dwelling in the R-5 or R-6 General Residence District or the RTH Residential Townhouse District may be enlarged provided the enlargement does not extend further into the required yard than the existing nonconforming dwelling.

(Ord. No. 1335, § 71, 11-12-2024)

The reestablishment of a nonconforming use in a structure or on a premises where the nonconforming use has ceased for at least two years, or following the destruction of the structure even if it is eligible to be rebuilt in accordance with Sec. 24-6305, Reconstruction After Damage or Destruction, is prohibited.

A nonconforming structure may be continued, but must not be moved, enlarged, reconstructed, or substituted except as provided in this division.

Any dwelling legally constructed prior to January 11, 1989, within the special flood hazard area or closer to the special flood hazard area than the minimum rear yard depth required for the lot, may be improved, restored, or reconstructed subject to Chapter 10 of the County Code.

A.

Any structure that is conforming as to use and yard requirements but is nonconforming as to height requirements may be enlarged horizontally without bringing the nonconforming structure into conformity with the height requirements if the enlargement does not increase the extent of nonconformity.

B.

Any structure that is conforming as to use but is nonconforming as to yard requirements may be enlarged without bringing the nonconforming structure into conformity with this Ordinance if the enlargement does not extend further into the required yard than the existing nonconforming structure.

A nonconforming structure must not be moved, in whole or in part, to another location on or off the parcel of land on which it is located unless upon relocation it conforms to the requirements of this Ordinance.

A.

A nonconforming residential or commercial building may be repaired, rebuilt, or replaced after being damaged or destroyed by a natural disaster or other act of God, provided:

1.

The building must be repaired, rebuilt, or replaced within four years of the date of the natural disaster or other act of God;

2.

The nonconformity must be eliminated or reduced to the extent possible. In repairing, rebuilding, or replacing the building, the owner must comply with the floor area, lot, yard, distance, and height requirements of this Ordinance as nearly as possible;

3.

The building must comply with the Uniform Statewide Building Code; and

4.

The building must comply with the floodplain regulations of Chapter 10 of the County Code.

B.

For purposes of this section, the term "act of God" will include any natural disaster or phenomenon including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, or fire caused by lightning or wildfire. For 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 will be construed to enable the property owner to commit an arson under § 18.2-77 or § 18.2-80 of the Code of Virginia and obtain rights under this section.

A nonconforming structure that remains vacant or completely inactive for a period of two years will be deemed abandoned and will lose its nonconformity status.

Any structure that complied with the zoning regulations in effect at the time it was created and was or is subject to governmental acquisition of part of the lot for a public purpose resulting in the structure becoming nonconforming as to setbacks by 10 percent or less of the applicable standard, will be deemed a lawful nonconforming structure. Any modifications of such structures must comply with all other standards and requirements of this Ordinance, including all dimensional standards other than the nonconforming setbacks resulting from the governmental land acquisition.

Nonconforming lots of record are lots that were platted and recorded prior to September 1, 2021, and complied with the dimensional standards in effect at the time they were recorded but do not comply with the dimensional standards of the zoning district in which they are located. Such lots may be developed in accordance with this Division. (See also Sec. 24-3501.E, Dimensional Standards for Lots Created Prior to January 1, 1960, and Nonconforming Single-Family Residential Lots.)

A.

Any nonconforming lot of record that has come into conformity with this Ordinance must not again be changed to a nonconforming lot of record by action of the landowner.

B.

Any nonconforming lot of record or any part of the lot that is nonconforming with respect to dimensional standards must not be modified to increase the nonconformity.

C.

If an existing dwelling is located on a common lot line, or so close to the lot line that it would only have met the requirements in effect at the time it was constructed if the two lots were treated as a single lot, they will be considered to have been consolidated and will not be considered separate lots under this Ordinance.

D.

An existing dwelling on a lot that is conforming as to use but nonconforming with respect to the lot area, lot width, or public street frontage requirement may be replaced with a new dwelling provided the new dwelling complies with the applicable setbacks of this Ordinance. The replacement dwelling must be constructed within four years of the demolition of the nonconforming dwelling.

(Ord. No. 1335, § 72, 11-12-2024)

New development will be allowed on a nonconforming lot in accordance with subsections A through D below. Except as otherwise provided in subsection A below, neither the nonconforming lot nor any portion of it may have been held in common ownership with any adjacent lot so that the combined property holdings of the landowner form a lot of sufficient width and area to conform to the requirements of this Ordinance at any time during the period of common ownership.

A.

Any nonconforming lot in the A-1, Agricultural District, or any of the Residential zoning districts may be developed for a single-family dwelling if it meets the following requirements.

1.

If the lot is shown as a numbered residential lot on a subdivision plat that was reviewed and approved by the County, it may be developed in accordance with the minimum lot area and minimum lot width standards in effect when the plat was recorded.

2.

If the lot is shown on a subdivision plat that was not reviewed and approved by the County, it may be developed for a single-family dwelling only if it meets the minimum area and minimum lot width requirements for the zoning district in which it is located in accordance with Table 6402: Requirements for Nonconforming Lots on Non-Approved Plat. (For lots that are not served by public water and sewer, see paragraph 4 below.)

3.

The dwelling must meet the minimum setback requirements of Sec. 24-3105.E, Dimensional Standards for Lots Created Prior to January 1, 1960, and Nonconforming Single-Family Residential Lots.

4.

If the dwelling will be served by an individual well or onsite sewage disposal system, the lot must include a primary drainfield with a 100% reserve drainfield area, and must meet current requirements of the Virginia Department of Health in addition to the requirements in Table 6402.

5.

The height of the dwelling must not exceed 35 feet, or 40 feet if a provisional use permit is approved for additional height (see Sec. 24-2306, Provisional Use Permit).

6.

The lot must meet the public street frontage requirements in Sec. 24-4306.E, Dwelling, Single-Family Detached.

B.

Any other nonconforming lot may be used for any use allowed in the zoning district in which the nonconforming lot is located provided the use complies with all other applicable standards, including all applicable setback, building height, and parking standards, as well as any applicable use-specific standards.

C.

The boundaries, shape, or size of a nonconforming lot may be modified through a boundary adjustment or the consolidation of multiple lots in accordance with Chapter 19 of the County Code, if the boundary adjustment or consolidation results in the lot becoming more conforming. To retain its status as a nonconforming lot, the modified lot must contain all of one lot of record as of January 1, 1960 (other than any land taken for the purpose of widening a public right-of-way as provided in Sec. 24-6404). A modified lot that contains portions of two or more lots existing of record as of January 1, 1960, that does not contain all of one lot existing of record as of January 1, 1960, will be subject to the current standards of Article 3 for the zoning district in which it is located.

D.

A lot that does not conform to the minimum lot width requirements in this Ordinance based on the rules of measurement that determine how lot width is measured, but that did previously comply with the minimum lot width standards based on the rules of measurement in effect at the time the lot was platted, will be deemed a lawful nonconforming lot.

(Ord. No. 1335, § 73, 11-12-2024)

A building located on a nonconforming lot may be repaired, rebuilt, or replaced after being damaged or destroyed by a natural disaster or other act of God or a fire in accordance with Sec. 24-6305, Reconstruction After Damage or Destruction.

Any lot of record that complied with the zoning regulations in effect at the time it was created and was or is subject to governmental acquisition of part of the lot for a public purpose resulting in the lot becoming nonconforming as to lot area, lot width, or both, by 10 percent or less of the applicable standard, will be deemed a lawful nonconforming lot. Any proposed development of such lots must comply with all other standards and requirements of this Ordinance, including all dimensional standards other than the nonconforming lot area or lot width resulting from the governmental land acquisition.

A.

A nonconforming sign is any sign lawfully existing on April 25, 2017, that does not conform to the provisions of Article 5, Division 7, Signs, except any outdoor advertising sign (i) allowed by Sec. 24-5707.D.7; (ii) not prohibited by Sec. 24-5704, Prohibited Signs; and (iii) meeting the requirements of Sec. 24-5705, General Requirements, will be considered a conforming sign. A nonconforming sign may remain, subject to the requirements of this division.

B.

Nothing in this division will be deemed to prevent maintenance or repair of a nonconforming sign, or the alteration to the face of a sign involving the replacement of materials or parts, or the replacement with a different type of sign of the same size (e.g., replacement of a sign cabinet with channel letters).

C.

The owner of the property where a sign is located will have the burden of establishing the nonconforming status, physical characteristics, and location of the sign. Upon notice from the Planning Director, a property owner must submit verification that a sign was lawfully existing at the time of erection. Failure to provide such verification will be cause for an order to remove the sign or bring the sign into compliance with Article 5, Division 7, Signs.

D.

A nonconforming sign may be replaced with a new sign of lesser height or area, or both, and the replacement sign will be deemed nonconforming and may remain in accordance with this division.

E.

A nonconforming sign that is changed to become conforming or is replaced by a conforming sign will no longer be deemed nonconforming, and thereafter such sign must be maintained in accordance with Article 5, Division 7, Signs.

A nonconforming sign must not be enlarged and any feature of a nonconforming sign, such as illumination, must not be increased. This paragraph is not intended to prohibit upgrades in the efficiency of lighting of any sign, or the addition of solar panels to an outdoor advertising sign subject to Sec. 24-5707.D.7.

A.

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its area may be restored within two years after such destruction or damage but must not be enlarged in any manner.

B.

If a nonconforming sign is destroyed or damaged to an extent exceeding 50 percent of its area, it must not be reconstructed but may be replaced with a sign that complies with Article 5, Division 7, Signs.

A nonconforming sign must not be moved unless the change in location will make the sign more conforming with the standards in Article 5, Division 7, Signs.

A nonconforming sign structure will be subject to the removal provisions in Article 5, Division 7, Signs. In addition, a nonconforming sign structure will be considered abandoned if the use to which it is accessory has not been in operation for a period of two years or more. Following the expiration of the two-year period, any abandoned nonconforming sign must be removed by the owner of the property on which the sign is located, if notified by the County to do so. If, following such two-year period, the County has made a reasonable attempt to notify the property owner, the County 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 will be chargeable to the owner of the property.

This division establishes rules for increasing compliance of nonconforming sites when a use is changed or a building is expanded. It is intended to promote reinvestment in small commercial properties where nonconforming site features make it difficult or impossible to adapt existing buildings to new uses. Where possible, nonconforming sites should be brought into full compliance with this Ordinance. When a small commercial site would otherwise remain vacant because there is insufficient space to bring nonconforming parking or landscaping into full compliance with this Ordinance, this division may provide relief. For such sites, this division allows for graduated compliance while requiring those improvements that are practical, but not requiring full compliance where it would be impossible or impractical.

For any commercial site of two acres or less, where a proposed building addition or change of use would increase the degree of nonconformity and full compliance with the requirements of this Ordinance is precluded by the area of the lot, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other environmental constraints, the applicant must comply with the requirements of this section to the maximum extent practicable as determined by the Planning Director.

A.

Any addition to the building must conform to the requirements of Article 3, Zoning Districts regarding setbacks, height limitations, and other dimensional standards.

B.

The proposed use of the property must conform to Article 4, Use Regulations.

C.

Any outdoor storage or display must conform to Article 4, Use Regulations, including the requirements for screening in Division 3, Standards for Specific Principal Uses and Division 4, Accessory Uses and Structures.

D.

Transitional buffers must be provided as required by Sec. 24-5310, Transitional Buffers.

E.

For any proposed change of use that would result in a deficit between the parking provided and the parking that would be required after the change of use:

1.

If the deficit would be 3 or fewer parking spaces, no additional parking is required.

2.

If the deficit would be 4 to 7 parking spaces, additional parking must be provided to make up 50% of the deficit. For example, if a building has 10 existing parking spaces, and a change of use is proposed that would require 16 parking spaces, the deficit is 6 spaces (16-10). The applicant must provide 3 additional spaces (50% of the 6-space deficit) for a total of 13 (10 existing plus 3 additional).

3.

If the deficit would be 8 to 15 parking spaces, additional parking must be provided to make up 75% of the deficit. For example, if a building has 20 existing parking spaces, and a change of use is proposed that would require 32 parking spaces, the deficit is 12 spaces (32-20). The applicant must provide 9 additional spaces (75% of the 12-space deficit) for a total of 29 (20 existing plus 9 additional).

4.

If the deficit would be 16 or more parking spaces, additional parking must be provided to meet the requirements of Article 5, Division 1, Access, Circulation, Off-Street Parking, and Loading.

F.

For any proposed building addition that would result in an increase in required parking:

1.

If the floor area of the proposed addition is less than 25 percent of the floor area of the nonconforming building, additional parking must be provided as required for the addition only.

2.

If the floor area of the proposed addition is greater than or equal to 25 percent but less than 75 percent of the floor area of the nonconforming building, additional parking must be provided as required for the addition plus a percentage of nonconforming parking equal to the percentage of additional floor area. For example, a retail building with 4,000 square feet of floor area requires 14 parking spaces. If the property only has 10 parking spaces, it falls short of the requirement by 4 spaces. An addition of 2,000 square feet would increase the floor area by 50 percent and would require an additional 7 parking spaces. The addition would require a total of 9 spaces: 7 for the addition plus 50% of the 4-space shortfall, or 2 more spaces.

3.

If the floor area of the proposed addition is greater than or equal to 75 percent of the floor area of the nonconforming building, all parking required for the nonconforming building and the addition must be provided.

G.

Off-site parking that conforms to Sec. 24-5116 may be counted toward 100% of the parking required by this section.

H.

All new parking must be landscaped as provided in Article 5 Division 4. Existing parking must be brought into conformance with the landscaping requirements to the degree the Planning Director determines it is practical to do so.