(a)

Purpose. In this chapter there exist uses of land, structures, lots of record, signs, and site features (e.g., off-street parking, landscaping, etc.) that were lawfully established in accordance with the zoning ordinance in effect at the time of their establishment, but that do not conform to the standards of this chapter. The purpose of this article is to recognize the interests of landowners in continuing to use such lawfully established nonconforming uses, structures, lots, signs, and site features, but to bring as many nonconformities into conformance with this chapter as is reasonably practicable. The provisions in this article are thus intended to generally allow lawful nonconformities to continue to exist and be maintained, but to reasonably restrict or regulate their expansion, enlargement, relocation, reestablishment, reconstruction, or repair so as to prevent them from becoming more nonconforming, minimize their potential adverse impacts on adjacent lands and development, and encourage them to be brought into conformance with the standards of this chapter.

(b)

Applicability. This article applies to uses, structures, lots of record, signs, and site features that were made nonconforming by initial adoption of this chapter or a subsequent amendment to this chapter. It also applies to uses, structures, lots of record, signs, and site features that were a lawful nonconformity under a provision of a previously applicable ordinance of the county and that remain nonconforming with one or more provisions of this chapter, even if the type or extent of nonconformity is different. If land or a structure is vacant or unused before adoption of this chapter, or subsequent amendment thereto, it shall be conclusively presumed that the use of the land or structure is subject to the provisions of this chapter, or the subsequent amendment.

(c)

Authority to continue. Lawful nonconformities are allowed to continue in accordance with the requirements of this article as a means of preserving safety and appearance.

(d)

Determination of nonconformity status. In all cases, the burden of establishing that a nonconformity lawfully exists shall be the responsibility of the owner of the land on which the alleged lawful nonconformity is located.

(e)

Change of tenancy or ownership. No change of title or possession or right to possession of land involved shall be construed to prevent the continuance of a lawful nonconformity.

(f)

Increase in nonconformity. Except as authorized by this article, no person shall engage in activity that increases a nonconformity.

(g)

Minor repairs and maintenance. Minor repairs and normal maintenance that are required to keep lawful nonconforming uses, structures, lots of record, signs, and site features in a safe condition are permitted, provided the minor repair or maintenance does not extend, expand, or enlarge the nonconforming aspect. For the purposes of this section, "minor repair or normal maintenance" shall mean:

(1)

Repairs that are necessary to maintain a nonconforming use, structure, lot of record, sign, or site feature in a safe condition; and

(2)

Maintenance of land areas and site aspects to protect against health hazards and promote the safety of surrounding uses.

(Ord. No. O-2014-13, 6-2-14)

(a)

Extension, expansion, or relocation of nonconforming uses.

(1)

Except in accordance with this section, a nonconforming use shall not be extended, expanded, or moved to occupy a different area of a structure or lot.

(2)

A lawful nonconforming use may extend into any portion of the structure in which it is located that was clearly designed or arranged for the particular use when the use became nonconforming.

(b)

Change of use. A lawful nonconforming use shall not be changed to any other nonconforming use. Once a nonconforming use is converted to a conforming use, it shall not be changed back to a nonconforming use.

(c)

Discontinuance of use.

(1)

If a nonconforming use is abandoned or discontinued for a period of two years or longer, it shall not be reestablished and shall only be replaced with a conforming use.

(2)

Time spent renovating or repairing a structure devoted to the nonconforming use is not considered a discontinuance of the use, provided:

a.

All appropriate development approvals are obtained;

b.

The renovation or repair is completed within 18 months after commencement of the renovation or repair; and

c.

The use is reestablished within one month after completion of the renovation or repair.

(3)

Any cessation of a nonconforming use caused by government action and without the contributing fault of the use operator or landowner is not considered in determining the length of discontinuance of the use.

(4)

Once a nonconforming principal use is discontinued, all associated accessory uses shall cease operations within one month.

(d)

Repair, reconstruction, or replacement of damaged structures used for nonconforming uses. Any repair, reconstruction, or replacement of a damaged or destroyed structure used for a lawful nonconforming use shall be subject to the same provision applicable to the repair, reconstruction, or replacement of a damaged or destroyed nonconforming structure in section 83-502(d), Repair, reconstruction, or replacement after damage or destruction.

(Ord. No. O-2014-13, 6-2-14)

(a)

Enlargement or alteration. A nonconforming structure that does not comply with the minimum yard requirements established in this chapter may be expanded within the minimum required yard(s) subject to the following limitations:

(1)

The portion of the expansion that is located within required yard(s) is no closer to adjacent roads or lot lines than the existing nonconforming structure;

(2)

The proposed expansion is at least 25 feet from the public right-of-way of local roads, at least 40 feet from the public right-of-way of collector and arterial roads, and at least ten feet from all other lot lines, unless narrower minimum required yards are permitted by this chapter; and

(3)

The portion of the expansion which encroaches into the minimum required yard(s) does not exceed 30 percent of the total area of the structure or 1,250 square feet, whichever is less. If the proposed expansion exceeds the aforementioned size limitations, a conditional use permit (CUP) must be approved by the board of supervisors prior to issuance of a building permit.

(b)

Relocation. Except as otherwise provided in section 83-502(c), Replacement of nonconforming manufactured homes, a lawful nonconforming structure shall not be moved, in whole or in part, to another location on or off the lot on which it is located, unless the entire structure thereafter conforms to the requirements of this chapter.

(c)

Replacement of nonconforming manufactured homes. A lawful nonconforming manufactured home may be removed and replaced with another manufactured home in accordance with the following. The replacement home shall retain the nonconforming status of the replaced home:

(1)

Within a manufactured home park. Where the nonconforming manufactured home is located within a manufactured home park, it may be replaced only with another comparable manufactured home that meets the current HUD manufacturing housing code, provided a single-section home may only be replaced with another single-section home and a multi-section home may only be replaced with another multi-section home.

(2)

Not within a manufactured home park. Where the nonconforming manufactured home is not located in a manufactured home park, it may be replaced only with a newer manufactured home, either single- or multi-section, that meets the current HUD manufacturing housing code.

(d)

Repair, reconstruction, or replacement after damage or destruction. A nonconforming structure damaged or destroyed as a result of a natural disaster or other unforeseen and unpreventable accident or occurrence (e.g., hurricane, tornado, storm, flood, high water, earthquake, fire caused by lightening, wildfire, and accidental fire) may be repaired, reconstructed, or replaced, provided that the repair, reconstruction, or replacement:

(1)

Does not increase, expand, enlarge, or extend the extent of the nonconformity;

(2)

Complies with the floodplain provisions in of Article VI (General Overlay Districts), where applicable;

(3)

Is completed within two years after the damage or destruction, or within four years after the damage or destruction if the structure is in an area under a federal disaster declaration and the damage or destruction is a direct result of the conditions giving rise to the declaration.

(e)

Reuse of an abandoned nonconforming structure. A nonconforming structure which has lost its lawful nonconforming status because it has been abandoned for more than two years may be permitted for a proposed use subject to the following:

(1)

The nonconformity is due to a yard configuration issue or setback requirement.

(2)

There is no increase, expansion, enlargement, or extension of the nonconformity.

(3)

The proposed use is an allowed use in the zoning district;

(4)

The proposed use complies with Powhatan's development standards which shall include, but are not limited to parking, landscaping, signs, and access management.

(5)

The building or structure must be maintained in its structural condition, and the building or structure may not be structurally altered in such a way as to increase the square footage of the building.

(f)

Exception for nonconforming structures in floodplains.

(1)

General. On approval of a conditional use permit in accordance with Article II, Administration, and the additional findings in subsection (2) below, a lawful nonconforming structure located within the Floodplain Overlay (FP) District may be enlarged, structurally altered, or relocated elsewhere in the Floodplain (FP) District without regard to the limitations in section 83-502(a) and section 83-502(b).

(2)

Additional findings.

a.

The nonconforming structure's resiliency to flood damage is increased through use of at least four of the following measures, where undertaken in accordance with standards and guidelines of the National Flood Insurance Program (NFIP):

1.

Elevating the structure so its lowest habitable floor is at least one foot above the base flood elevation;

2.

Dry floodproofing exterior walls from ground level up to at least 75 percent of the height to the base flood elevation;

3.

Converting enclosed habitable areas of the structure below the base flood elevation to nonhabitable space;

4.

Wet floodproofing enclosed areas of the structure below the base flood elevation to allow flood waters to temporarily fill the areas to equalize hydrostatic loads and prevent buoyancy, including the elevation or floodproofing of HVAC equipment and electrical system components;

5.

Installing permanent storm shutters on glass windows and doors, or replacement of glass windows and doors with shatterproof glass; or

6.

Installing flood openings in foundations and enclosed areas of the structure below the base flood elevation to allow flood waters to pass through to equalize hydrostatic loads and prevent buoyancy.

b.

The footprint of the nonconforming part of the structure is not increased by more than 15 percent.

c.

The enlargement or alternation of the nonconforming structure complies with floodplain development standards in section 83-420, Floodplain overlay (FP) District of Article VI (General Overlay Districts).

d.

The enlargement or alteration of the nonconforming structure is compatible with the character of the surrounding neighborhood.

(Ord. No. O-2014-13, 6-2-14; Ord. No. O-2018-33, 11-26-18; Ord. No. 2022-19, 5-23-22)

(a)

Use and development of nonconforming lots. A lawful nonconforming lot may be used and developed for a use or development allowed in the zoning district in which the lot is located, provided the use and development complies with all standards applicable in the district and to the particular use and development, and is generally consistent and in harmony with the predominant character of the surrounding area.

(b)

Government acquisition of parts of lots. If a conforming lot is made nonconforming due to governmental acquisition of a portion of the lot for a public purpose that results in the lot no longer complying with applicable lot area or lot width standards, the lot shall be deemed a conforming lot upon receipt of a site plan or building permit demonstrating that the development existing or proposed on the lot:

(1)

Complies with the permitted principal uses set forth for the specific zoning district designated for the lot.

(2)

Complies with the dimensional standards of this chapter to the maximum extent practicable;

(3)

Complies with the off-street parking and landscaping standards of this chapter to the maximum extent practicable;

(4)

Complies with all other standards and requirements of this chapter; and

(5)

Is designed and configured in a way that is compatible with surrounding development.

(c)

Change of nonconforming lot. The boundaries, shape, or size of a lawful nonconforming lot may be modified through a lot line adjustment, provided the lot line adjustment shall not result in an overall increase in the number of nonconforming lots.

(Ord. No. O-2014-13, 6-2-14)

(a)

Enlargement or alteration. A lawful nonconforming sign shall not be enlarged or structurally altered in any way that increases the extent of nonconformity.

(b)

Repair, reconstruction, or replacement after damage or destruction. Any repair, reconstruction, or replacement of a damaged or destroyed nonconforming sign shall be subject to the same provisions applicable to the repair, reconstruction, or replacement of a damaged or destroyed nonconforming structure in section 83-502(d), Repair, reconstruction, or replacement after damage or destruction.

(c)

Removal of abandoned nonconforming signs.

(1)

The county may order the removal of an abandoned sign after making a reasonable attempt to notify the owner of the property on which an abandoned sign is located. A sign shall be considered to be abandoned if it identifies or advertises a business, service, commodity, accommodation, attraction, or other enterprise or activity that has not been in operation for a period of at least two years.

(2)

If the county has made a reasonable attempt to notify the property owner and the owner refuses to remove the sign, the county, through its agents or employees, may enter the property on which the sign is located and remove the sign. The cost of such removal shall be chargeable to the owner of the property.

(Ord. No. O-2014-13, 6-2-14)

(a)

Purpose. The purpose of this section is to cause certain lawful nonconforming site features to be brought into compliance with the standards of this chapter as part of remodeling or expansion of an existing development.

(b)

Nonconforming site features. For purposes of this chapter, the term "nonconforming site feature" includes the following site features to the extent they fail to fully comply with applicable standards in the referenced sections of Article VIII, Development Standards:

(1)

Landscaping (section 83-461, Landscaping and buffers);

(2)

Perimeter buffers (section 83-461, Landscaping and buffers);

(3)

Screening (section 83-465, Screening);

(4)

Exterior lighting (section 83-469, Exterior lighting).

(c)

Required compliance of nonconforming site features. Any existing commercial, mixed-use, or industrial development that contains any of the lawful nonconforming site features identified in section 83-505(b), Nonconforming site features, shall be required to bring all nonconforming site features from at least one of the categories identified in section 83-505(b) into full compliance with applicable standards if the development proposes to:

(1)

Increase the total gross floor area by more than 500 square feet;

(2)

Add or change to a more intensive use, as determined by the administrator; or

(3)

Significantly change the exterior design of buildings (excluding changes in signage), as determined by the administrator.

(d)

Compliance to maximum extent practicable on constrained sites. Where full compliance with standards applicable to all of the nonconforming site features identified in section 83-505(b), Nonconforming site features, is precluded by a lack of sufficient developable area due to the size of the site, the layout of existing development, or the presence of significant wetlands, floodplains, watercourses, or other significant environmental constraints on development, the applicant shall bring the nonconforming site features into compliance with applicable standards to the maximum extent practicable, as determined by the administrator.

(Ord. No. O-2014-13, 6-2-14)