Occoquan City Zoning Code
NONCONFORMING USES
LOTS, AND STRUCTURES
§ 157.210 PURPOSE.
(A) Within the districts established by this chapter or amendments that may later be adopted there exist lots, structures, and uses of land and structures that were lawful before this chapter was passed or amended, but would be prohibited or restricted under the terms of this chapter or amendment. It is the purpose of this chapter to permit these nonconformities to continue.
(B) To avoid undue hardship, nothing in this chapter shall be deemed to require a change in building plans if a permit for construction was issued prior to the effective date of adoption or amendment of this chapter and where actual building construction is carried on diligently. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.
(1998 Code, § 66-236) (Ord. passed 9-5-2017)
§ 157.211 NONCONFORMING LOTS OF RECORD.
In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, except where specific limitations are imposed by other provisions of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and requirements, other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.
(1998 Code, § 66-237) (Ord. passed 9-5-2017)
§ 157.212 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions.
(A) (1) Such nonconforming structure may be enlarged or altered to an extent not to exceed 20% of its original size.
(2) Such enlargement or alteration may be done only with approval from the Zoning Administrator and only if such action shall not increase the degree of nonconformance.
(B) Should such nonconforming structure or nonconforming portion of structure be destroyed or damaged by any means, it may be reconstructed, but not to an extent exceeding 50% of the current replacement cost of the original structure and only if such reconstruction shall not increase the degree of nonconformance.
(C) Where a nonconforming structure devoted to a nonconforming activity is damaged less than 50% of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75% of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.
(D) Should such structure be moved for any reason to another parcel of land, regardless of distance, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(E) Should any nonconforming structure be changed to a more limited nonconforming use, such newly created use may be changed only to an even more limited use.
(1998 Code, § 66-238) (Ord. passed 9-5-2017) Penalty, see § 10.99
§ 157.213 NONCONFORMING USES; PERMITS REQUIRED.
(A) All operators or owners of nonconforming uses, lots, or structures shall, within six months after the adoption of the ordinance from which this section derives, obtain from the Zoning Administrator a nonconforming use permit; and such nonconforming use, lot, or structure shall be recorded as part of the records of the town.
(B) Whenever the boundaries of a district are changed, any uses of land or buildings that become nonconforming as a result of such change shall be recorded as part of the records of the town.
(1998 Code, § 66-239) (Ord. passed 9-5-2017) Penalty, see § 10.99