Mathews County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE 16
Nonconforming Uses and Lots
§ 175-16.1 Vested rights protected (grandfather provisions): continuation of nonconforming uses.
A.
If at the time of enactment of this chapter any lot, tract of land or structure was being legally utilized and was in fact actually being used, prior to the date of this chapter, for such purposes and in such a manner which does not conform to the provisions of this chapter, such evident use may be continued as herein provided. For an existing use to enjoy nonconforming status, the use must be actual and not merely contemplative. For new construction, rehabilitation or renovation to enjoy nonconforming status, the use must:
(1)
Have a current, valid building permit that was issued by the Building Official of Mathews County prior to the effective time and date of this chapter;
(2)
Be under actual construction within 90 days of the effective time and date of this chapter; and
(3)
Be constructed in a diligent manner in order to expedite the completion of the building or structure and activation of the use.
B.
If any change in title of possession, or renewal of a lease of any such lot or structure occurs, the use existing may be continued.
§ 175-16.2 Certain uses to be considered nonconforming.
Automobile graveyards and junkyards and automotive dismantling facilities in existence in Residential-1, Residential-2, Business-1, Business-2, Rural, Conservation and Industrial Districts at the time of the adoption of this chapter are to be considered as nonconforming uses. They shall be allowed up to three years after the adoption of this chapter in which to completely screen, on any side open to view from a public street, the operation or use by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge, which wall, fence or hedge, shall be minimum of six feet in height.
§ 175-16.3 Change in district boundaries.
Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.
§ 175-16.4 Expansion or enlargement.
A.
A nonconforming structure, development or project to be extended or enlarged shall conform with all the provisions of this chapter; provided, however, that a single-family or two-family dwelling may be expanded consistent with the following provisions:
(1)
Such expansion shall occur along the existing nonconforming building setback line and extend no further than the existing footprint of the dwelling.
(2)
Such expansion shall be permitted only for those dwellings having certificates of occupancy issued on or prior to March 28, 2000 or to those dwellings constructed prior to the County establishing requirements for certificates of occupancy.
(3)
The Zoning Administrator may require a landscaped buffer or screen in those instances where an expansion or addition would be visible to adjacent properties. At a minimum, such landscaped buffer or screen shall consist of two staggered rows of evergreen shrub and/or tree species not less than six feet in height at the time of installation for a distance not less than the length or width of the expansion, whichever is greater.
(4)
Under no circumstances shall any expansion or enlargement of a residential or nonresidential structure result in the encroachment of, or additional encroachment into, buffer areas as required by § 175-22.7. Encroachment along established buffer areas may be permitted in accordance with §§ 175-22.45 and § 175-22.46.
B.
A nonconforming activity may be extended throughout any part of an existing structure which was arranged or designed for such activity at the time of enactment of this chapter.
C.
If any nonconforming use, structure or activity is discontinued for a period exceeding two years after enactment of this chapter, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this chapter. This requirement shall not apply to structures used for certain permitted agricultural and forestal uses as regulated by § 175-15.16. Any expansion of such exempted structure shall only be permitted in accordance with all applicable regulations.
§ 175-16.5 Nonconforming unimproved lots.
Any unimproved nonconforming lot of record at the time of the effective date of this chapter, or if the specific recorded lot is reconvened after the date of this chapter, such lot shall be considered as a lot of record. Said lot or parcel of record may be used as a building site provided the use proposed is a permitted use as established by this chapter and provided further the minimum requirements for setback (front yard), side and rear yards can be met. If such lot is of insufficient size to meet the minimum requirements of this chapter regarding setback, or side and rear yard requirements, the owner must request a variance from the Board of Zoning Appeals prior to improvement.