NONCONFORMING USES; RIGHTS
The purpose of this section is to regulate nonconforming uses, lots and structures in a manner consistent with sound planning and zoning principles. The general intent is that over time nonconforming uses, lots and structures will be discontinued in favor of uses, lots and structures conforming to this chapter and the zoning map. However, it is also recognized that nonconforming uses, lots and structures need not be entirely static, and that under certain circumstances, nonconforming uses, lots and structures may change, according to law and the provisions of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 12-68, Attch., 12-4-12)
1.
Nonconforming use: Any use that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued although otherwise rendered unlawful by such enactment or amendment. Any use that was unlawful on the date of enactment of this chapter, or amendment thereto, shall remain unlawful and shall not be a "nonconforming use".
2.
Nonconforming lot: Any lot that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued in existence although otherwise rendered unlawful by such enactment or amendment thereto, or as a result of public action. Any lot that was unlawful on the date of enactment of this chapter, or amendment thereto, shall remain unlawful and shall not be a "nonconforming lot". A lot is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter:
Lot area.
Lot width.
Lot frontage.
3.
Nonconforming structure: Any structure, except signs, that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued in existence although otherwise rendered unlawful by such enactment or amendment thereto or as a result of public action. Any structure that was unlawful on the date of enactment of this chapter, or amendment thereto, shall remain unlawful and shall not be a "nonconforming lot". A structure is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter or by virtue of public action:
Setbacks.
Yards.
Buffers.
Chesapeake Bay.
Stormwater management.
Open space.
Lot coverage.
Tree canopy.
Height.
FAR.
SUP.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-48, 7-14-09)
The nonconforming status of any nonconforming use, lot or structure shall adhere solely to the use of the land, and not to the owner, tenant, or other holder of any legal title to the property or the right to make use thereof.
(Ord. No. 95-54, App. B, 7-11-95)
1.
A use that is accessory, ancillary, secondary or incidental to a permitted principal use cannot be made the basis for a nonconforming principal use.
2.
No use accessory, ancillary, secondary or incidental to a principal nonconforming use shall be continued after nonconforming status is lost, except as may be approved under section 32-601.31 of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
1.
A nonconforming use, lot or structure may continue as it existed when it became nonconforming. A nonconforming use, lot or structure shall not be changed, altered, repaired, restored, replaced, relocated or expanded in any manner, including the addition of new accessory, ancillary, secondary or incidental uses, except as provided for in sections 32-601.30, et seq., of this chapter.
2.
If (i) a building permit has been issued, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, a certificate of occupancy or a use permit for the building or structure was issued, (ii) a property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code (§ 36-97 et seq.), or (iii) the owner of the building or structure has paid taxes to the locality for such building or structure for a period in excess of 15 years, the building or structure shall be deemed nonconforming. Notwithstanding the above, the Building Official may require the building or structure to be brought into conformity with the Uniform Statewide Building Code.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-22, 4-21-09; Ord. No. 09-30, 5-19-09; Ord. No. 24-75, 11-19-24)
1.
If any nonconforming use is discontinued for a period of two years, it shall lose its nonconforming status, and any further use shall conform to the provisions of this chapter.
2.
For the purposes of this section, cessation of a nonconforming use for the aforesaid period shall be conclusively presumed to establish discontinuance.
3.
Any nonconforming use which is intentionally abandoned, without regard to the length of time which shall have passed, shall be terminated, and any further use shall conform to this chapter.
4.
Operation of only an accessory, ancillary, secondary or incidental use to the principal nonconforming use during the two-year period shall not operate to continue the principal nonconforming use.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
A nonconforming use may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this section, and subject to the appropriate approvals (including, among others, verification of the nonconforming use, site plan approval, building permit approval and zoning approval under section 32-200.12 of this chapter) otherwise required by law.
1.
A nonconforming use may change to a conforming use.
2.
A nonconforming use may change to a more restricted nonconforming use, as set forth in section 32-601.31 of this chapter.
3.
A nonconforming use may be expanded throughout any part of a structure originally arranged or designed for such activity.
4.
No structure used as a part of a nonconforming use shall be moved to any other lot unless such lot is properly zoned to permit the use, nor shall such a structure be moved within the lot on which it exists, unless the relocation is specifically provided for in section 32-601.32.5.
5.
Prior to the approval of expansion of a nonconforming use under this section, nonconforming status shall be verified as set forth in section 32-601.60 of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-22, 4-21-09; Ord. No. 09-30, 5-19-09)
Editor's note— This section 32-601.30 was amended pursuant to Ord. No. 04-78, adopted Dec. 21, 2004, and provisions pertaining to nonconforming lots and structures have been relocated to new § 32-601.32, below. Further, subsection 5 of this section has been relocated from former § 32-601.33.
1.
Nonconforming use may change as a matter of right to a more restricted nonconforming use, upon issuance by the Zoning Administrator of an approval for such a change. The Zoning Administrator's approval, which shall not be given until the nonconforming status of the use has been verified in accordance with section 32-601.60 of this chapter, shall include a determination in writing that the proposed use is "more restricted" than the existing nonconforming use, and a copy of such determination shall be forwarded to the planning commission and the Board of County Supervisors. If the Zoning Administrator determines the proposed use is not "more restricted" than the existing nonconforming use, the application for a change to a more restricted nonconforming use shall be denied. An appeal from such a determination shall be to the Board of Zoning Appeals as provided by section 32-900.20 of this chapter.
2.
In determining whether a proposed use is a "more restricted" nonconforming use, the following factors, among others, shall be considered:
(a)
Whether the proposed use will change the size and scope of the existing use, and the magnitude of such change; and,
(b)
Whether the proposed use will increase the intensity of the nonconforming use, including hours of operation, traffic, noise, and similar impacts; and,
(c)
Whether the proposed use will have a more or less detrimental effect on conforming uses in the neighborhood; and,
(d)
How the quantum effect of the factors evaluated in preceding subsections (a), (b) and (c) above relate to the purpose, policies and objectives of this chapter.
3.
Upon the issuance of an approval to change to a more restricted nonconforming use, site plan approval, as set forth in Part 800 of this chapter, shall be required.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
A nonconforming structure may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this section, and subject to the appropriate approvals (including, among others, verification of the nonconforming use, site plan approval, building permit approval and zoning approval under section 32-200.12 of this chapter) otherwise required by law.
1.
A nonconforming structure may change to a conforming structure.
2.
A lawful nonconforming structure may remain lawfully nonconforming when any of the development standards associated with the structure is reduced by virtue of public action.
3.
A nonconforming structure may be repaired, provided such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when it originally became nonconforming, and subject to applicable Chesapeake Bay regulations.
4.
A nonconforming structure damaged by casualty (as distinguished from ordinary wear and tear) may be restored in accordance with the provisions of section 32-601.33 of this chapter.
5.
Minor alterations, cosmetic modifications, interior renovations and similar changes for nonconforming structures may be permitted provided that such changes shall not increase the land area occupied by any portion of the nonconforming structure, and shall not increase the gross floor area of any nonconforming structure, unless approved as an expansion pursuant to section 32-601.33.
6.
Except for signs, nonconforming structures other than buildings (such as, but not limited to, underground storage tanks, private sewage disposal systems, and parking lots) may be restored or replaced when such structures become unsafe or unsound. A relocation on the same lot may be approved by the Zoning Administrator provided the new location is less nonconforming than the original location, and further provided that the new location shall not cause a greater detrimental impact on conforming uses in the neighborhood. Nonconforming signs may be repaired or replaced in accordance with the provisions of section 32-601.34 of this chapter.
7.
Nonconforming structures may expand only in accordance with the provisions of this section. Whenever a percentage limitation is placed on expansion, that limitation shall be the total expansion allowed, in increments of any size that add up to the total, or all at once. All expansion shall occur on the lot, inclusive of any permitted consolidations or resubdivisions, occupied by the nonconforming structures.
(a)
A nonconforming one family dwelling may be expanded without limitation except as provided for in this section. In addition, new or expanded residential accessory structures (such as a storage shed, garage, swimming pool, etc.) may be permitted subject to the provisions of Part 300 of this chapter. Expansion of the dwelling and new or expanded accessory structures shall meet all zoning ordinance requirements, including height, yard and setbacks, for the zoning district in which located. However, expansions in height to existing nonconforming one family dwellings, except those identified in section 32-306.12.6 housing types A through E which do not meet current setback requirements shall be permitted as long as:
(1)
The dwelling is only being increased in height; and
(2)
The footprint of such dwelling will be unchanged by the proposed expansion in height; and
(3)
The distance between the expansion and any other dwelling is not less than twice the current yard setback requirement for the zoning district in which it is located. Such expansion shall not be required to meet more restrictive setbacks enacted since the date the dwelling became nonconforming; however, all other zoning regulations for the district in which the dwelling is located shall apply.
(b)
For nonconforming nonresidential structures where a related use is permitted by right or with a Special Use Permit in the zoning district in which the structure is located, but where the current development standards (including, but not limited to, yards, setbacks, screening and buffering, height, signs, lot coverage, or Special Use Permits) are not met, expansion of the structure, may be approved provided only yard, setback, buffer and height standards applicable to the expansion are met, and further provided that such expansion does not exceed 25 percent of the gross floor area of the existing structures. For any expansion exceeding 25 percent of the gross floor area of the existing structure(s), all development standards, including those in subsections (d) and (e), applicable to the property as a whole shall be met.
(c)
Prior to the approval of expansion of a nonconforming structure under this section, nonconforming status shall be verified as set forth in section 32-601.60 of this chapter.
(d)
In the event of any permitted expansion of a nonconforming structure, all signs located on the property shall be brought into full compliance with the current zoning ordinance requirements.
(e)
Expansions of nonresidential uses that require Special Use Permits and which are associated with expansions of structures pursuant to subsection (b) above are required to obtain Special Use Permits only when such expansion exceeds 25 percent of the gross floor area of the existing structure(s).
(Ord. No. 04-78, 12-21-04; Ord. No. 09-30, 5-19-09; Ord. No. 09-48, 7-14-09)
Editor's note— See note following § 32-601.30, above. Further, portions of this § 32-601.32 contain provisions which have been relocated from former § 32-601.33 entitled "Expansion of Nonconforming Uses, Structures" which derived from Ord. No. 95-54 enacted July 11, 1995, amended pursuant to Ord. No. 99-19 enacted Mar. 16, 1999, and repealed pursuant to Ord. No. 04-78 enacted Dec. 21, 2004.
1.
A nonconforming residential or commercial building that is damaged by any casualty may be restored to its condition prior to the casualty, provide such restoration is begun within one year of the date of the casualty and completed within two years of the date of the casualty.
2.
Such restoration may include minor alterations, cosmetic modifications, interior renovations or similar changes under the provisions of subsection 32-601.32.4 of this chapter, but such restoration shall not include any expansion unless approved under the provisions of section 32-601.32.6 of this chapter. Such restoration may include changes that make the building less nonconforming than it was prior to the casualty. Restoration to reduce or eliminate the nonconforming features to the extent possible shall not require a granting of a variance.
3.
Prior to any restoration permitted by this section, the nonconforming status of the building shall be verified as set forth in section 32-601.60 of this chapter.
4.
For all buildings except a one-family dwelling, restoration of a nonconforming building shall require site plan approval as set forth in Part 800 of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-22, 4-21-09)
Editor's note— Former § 32-601.32 was renumbered pursuant to Ord. No. 04-78, adopted Dec. 21, 2004, as set out herein.
Nonconforming signs shall be governed by the regulations set forth in this part, except where such regulations conflict with the following provisions:
1.
Nonconforming signs shall not be expanded.
2.
Nonconforming signs may be changed to reduce any nonconformity as to the number of signs permitted on a lot, sign height, sign size and sign type.
3.
Signs that are nonconforming as to location may be relocated to be less nonconforming, provided such relocation shall not cause a greater detrimental impact on conforming uses in the neighborhood.
4.
The face, message, or copy on a nonconforming sign may be changed, provided such change does not alter the sign type, unless the new sign type would be a conforming sign in all respects.
5.
Whenever land is acquired due to the widening, construction, or reconstruction of any highway as defined in Code of Virginia, § 33.1-351 by purchase or by use of the power of eminent domain and upon such land is situated a lawfully nonconforming billboards sign as defined in Code of Virginia, § 33.1-351, such billboard sign may be relocated, if such sign meets all requirements under the provision of Code of Virginia, §§ 33.1-351 and 4.1-113.1 in the case of outdoor alcoholic beverage advertising, but is considered a nonconforming sign; such billboard sign may be relocated by the owner of the billboard sign, at the owner's sole cost and expense, to another location as close as practicable on the same property, adjusting the height or angle of the billboard sign to a height or angle that restores the visibility of the billboard sign to the same or comparable visibility as before the taking, provided the new location also meets all the requirements of Code of Virginia, § 33.1-95.2 and regulations adopted pursuant thereto. The owner of such billboard sign shall not be allowed to increase the size of the sign face, and a relocated billboard shall continue to be nonconforming in its new location. Maintenance of such nonconforming billboard signs shall be governed by the provisions of Code of Virginia, § 33.1-370.2.
6.
A sign permit, as set forth by section 32-250.25 of this chapter, shall be required for any changes permitted by subsections 2., 3., 4., and 5. hereinabove.
7.
Whenever the provisions of this part 601 require all nonconforming signs on a lot to be made conforming, such provision shall apply instead of the provisions of this section.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 14-17, Attch., 4-15-14)
Editor's note— Former § 32-601.35 pertaining to nonconforming cluster subdivisions derived unchanged from Ord. No. 95-54, enacted July 11, 1995, and repealed in its entirety pursuant to Ord. No. 04-78, enacted Dec. 21, 2004.
1.
Any unimproved lot or record, located in any zoning district, that is nonconforming as to the lot area, lot width or lot frontage, or combination thereof, required in the zoning district in which the lot is located may be used for any use permitted by right or with a Special Use Permit in such zoning district, provided all other standards of the zoning district are met.
2.
Nonconforming lots may change as follows:
(a)
A nonconforming lot may become a conforming lot by meeting the current minimum lot size, lot width, and lot frontage requirements of the zoning district in which the lot is located through one of the following actions:
i.
A boundary adjustment between two contiguous nonconforming lots, or among three or more such nonconforming lots located in the same zoning district.
ii.
A boundary adjustment between two contiguous lots, one being nonconforming and the other being conforming, provided such adjustment does not make the conforming lot nonconforming.
iii.
Subdivision of any nonconforming lot in the A-1 district under the provisions of section 25-6 of the Prince William County Code (family subdivision).
iv.
Rezoning to a different zoning district to meet the development standards of that district.
(b)
A lawful nonconforming lot may remain lawfully nonconforming when the lot size, lot width and/or lot frontage are reduced by virtue of public action.
(c)
The boundaries of a nonconforming lot(s) may be adjusted along with the boundaries of a contiguous nonconforming or conforming lot(s), provided such adjustment does not result in an additional nonconforming lot being created; does not make the conforming lot(s) nonconforming, does not result in further reduction of lot frontage or lot width to less than that required at the front setback line, of any of the nonconforming lots that existed prior to the boundary adjustment; provided that within the A-1 Agriculture district, a nonconforming lot may be reduced in area as long as the lot size does not decrease to less than one acre.
(d)
When a building or structure to be constructed or expanded is located on more than one nonconforming lot, a boundary adjustment shall be required to consolidate the lots.
(e)
When a nonconforming lot is changed as set forth in subsections 2.(a) (i), (ii), (iii), or (c) a plat of subdivision or boundary adjustment shall first be filed and approved in accordance with law. When a nonconforming lot is changed as set forth in subsection 2.(b) and 2.(d), only a deed of subdivision shall be filed and approved in accordance with law and the provisions of the Design and Construction Standards Manual.
3.
Any improved or unimproved lot meeting the minimum required lot size for the zoning district in which it is located, where a portion of the lot lies within an adjacent jurisdiction and the portion that lies within Prince William County by itself does not meet the minimum lot size for the zoning district in which it is located, may be deemed a nonconforming lot provided that:
(a)
The lot was otherwise lawfully created and lawfully existed as of July 1, 2016;
(b)
The lot, including both the combined portion located within Prince William County and the portion located within the adjacent jurisdiction, met the minimum lot size for the zoning district in which the lot was located at the time that it was created; and
(c)
The owner records a deed in the land records of Prince William County and the adjacent jurisdiction in which any portion of the lot is located stating that: "This property shall not be further subdivided, unless all resulting lots, whether they are located in whole or in part within Prince William County, meet the minimum required lot size for the Prince William County zoning district in which they are located at the time of the subdivision."
Such a lot shall not be further subdivided, unless all resulting lots, whether they are located in whole or in part within Prince William County, meet the minimum required lot size for the Prince William County zoning district in which they are located at the time of the subdivision.
(Ord. No. 94-1, 1-11-94; Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-48, 7-14-09; Ord. No. 12-68, Attch., 12-4-12; Ord. No. 16-32, Attch., 8-3-16)
Editor's note— References to provisional use provisions eliminated from this section 32-601.40 pursuant to Ord. No. 04-78, enacted Dec. 21, 2004.
Notwithstanding any other provision of this chapter, all nonconforming automobile graveyards shall maintain a 20-foot setback for all structures and uses (except permanent structures lawfully existing on the effective date of this chapter) from all property lines, and shall screen such setback area in a manner to meet or exceed the following:
1.
A solid, uniformly colored wood or masonry fence of sufficient height to screen the property from public view. Any such fence shall be set back not less than ten feet from any property line.
2.
A double, staggered row of evergreens consisting of trees and shrubs, as listed in section 800 of the Design and Construction Standards Manual. Trees shall be at least six feet in height at the time of planting with minimum 15-foot spacing.
3.
All fences and plantings shall be maintained in good condition, and necessary repair or replacement shall be made expeditiously.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 96-6, 1-16-96; Ord. No. 04-78, 12-21-04)
A structure, or the use of a structure or premises, which was lawful before September 23, 1975, or the date of adoption of an applicable amendment to Part 501, but which is not in conformity with the provisions of Part 501, may be continued subject to the following conditions:
1.
No structural alteration, addition or repair, singly or cumulatively, to any nonconforming structure shall exceed 50 percent of its appraised value as shown in the assessment records of Prince William County at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use; provided, however, that if any such alteration, addition or repair exceeds 50 percent of the aforementioned value, the provisions of Part 501 shall apply to such alteration, addition or repair.
2.
Existing structures located in a floodway area shall not be expanded or enlarged below the level of the 100-year flood.
3.
If such use is discontinued for 12 consecutive months, any subsequent use of the subject property shall conform to Part 501, notwithstanding the intention of the landowner to continue such use.
4.
If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its value, it shall not be reconstructed, except in conformity with the provisions of Part 501; provided, however, that if the reconstruction of such use or structure exceeds 50 percent of the assessed value of the use or structure on the date of destruction, the provisions of Part 501 shall apply to such reconstruction. The Board of County Supervisors may, in its discretion, permit reconstruction, if the use or structure is located outside the floodway and, upon reconstruction, is adequately and safely floodproofed, elevated or otherwise protected in conformity with the criteria established in the Design and Construction Standards Manual.
5.
In the event of conflict between provisions of this section and Part 501 of this chapter or other County ordinances or regulations, the provisions which impose a greater requirement or a higher standard shall control.
6.
Notwithstanding any of the above regulations, structures designated as historic by placement on the National Register of Historic Places, or the Virginia Landmarks Register, or located in an Historic Overlay District shall be exempt from the provisions of this section.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
In the event of conflict between provisions of Part 601 and Part 506 of this chapter, the provisions of Part 506 control.
(Ord. No. 95-54, App. B, 7-11-95)
Prior to approval of any change in a nonconforming use, lot or structure permitted by sections 32-601.30 et seq., of this chapter, the lawful status of the use, lot or structure shall be verified by the Zoning Administrator. The Zoning Administrator may also verify the lawful status of a nonconforming use, lot or structure not proposed to change, upon the request of the owner of the property, or upon the request of a neighboring property owner.
1.
In verifying the lawful status of a nonconforming use, lot or structure, the Zoning Administrator shall determine the following:
(a)
Whether the use, lot or structure is in fact lawfully nonconforming; and, if so, then;
(b)
The location and gross floor area (in square feet) of all buildings;
(c)
The location, use and size of all structures other than buildings;
(d)
The area of land (in square feet) devoted to all aspects of the nonconforming use, lot or structure (including buildings, parking, outside storage, travelways, open spaces, etc.); and
(e)
A description of the principal use(s) and all accessory, ancillary, secondary or incidental uses that make up the lawful nonconforming use as a whole.
2.
The decision of the Zoning Administrator under subsection (1) shall be final after 30 days unless an appeal is filed to the Board of Zoning Appeals in accordance with section 32-900.20 of this chapter.
3.
The decision of the Zoning Administrator shall be based on information provided by the owner of the property, on information provided by other persons with knowledge of the property, and on any other information available to the Zoning Administrator as public record. Such information may include, but shall not be limited to, permits, licenses, tax records, receipts, business records, photographs, plats, plans, bills, utility information, assessment information, and sworn affidavits from individuals with personal knowledge of the use and/or the property.
4.
The Zoning Administrator shall keep a record of all verified nonconforming uses, lots or structures. Not less than every two years after the original date of verification, the owner or operator of a verified nonconforming use, lot or structure shall file a report with the Zoning Administrator, on forms available from the Planning Office, showing that the nonconforming use, lot or structure has not ceased for a two-year period, or been abandoned, and that the use is being operated in accordance with the decision rendered as a part of the nonconforming verification process, and any subsequent changes approved.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
1.
Any person claiming the right to develop property under regulations repealed or superseded by amendment to this chapter or otherwise claiming development rights under Code of Virginia, §§ 15.2-2297.B. and D. or 15.2-2307, shall seek a determination from the Zoning Administrator pursuant to this section and Code of Virginia, §§ 15.2-2297.B. and D. or 15.2-2307.
2.
Application shall be made on forms provided therefor by the Planning Office and shall include all information required by this section. The applicant shall swear or affirm to the accuracy and completeness of all information submitted and representations made in his application.
3.
The decision of the Zoning Administrator shall be based upon information provided by the applicant, on information provided by other persons with knowledge of the property and the proposed development, and on any other information available to the Zoning Administrator as public record or public information. Such information may include but shall not be limited to, rezoning files, site development or subdivision files, permits, licenses, tax records, receipts, business records, photographs, plats, plans, bills, utility information, assessment information, and sworn affidavits from individuals with personal information regarding the property and its development.
4.
The decision of the Zoning Administrator shall be final after 30 days unless an appeal is filed with the Board of Zoning Appeals in accordance with section 32-900.20 of this chapter.
(Ord. No. 04-78, 12-21-04)
Note— See editor's note following § 32-602.01, below.
Editor's note— Former § 32-602.01 entitled "Proffered Conditions Governed by Virginia Code section 15.2-2297.B. and D" was repealed pursuant to Ord. No. 04-78, and provisions for determination of rights under Code of Virginia, §§ 15.2-2297.B and D. and 15.2-2307 were relocated to § 32-602.00, above.
NONCONFORMING USES; RIGHTS
The purpose of this section is to regulate nonconforming uses, lots and structures in a manner consistent with sound planning and zoning principles. The general intent is that over time nonconforming uses, lots and structures will be discontinued in favor of uses, lots and structures conforming to this chapter and the zoning map. However, it is also recognized that nonconforming uses, lots and structures need not be entirely static, and that under certain circumstances, nonconforming uses, lots and structures may change, according to law and the provisions of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 12-68, Attch., 12-4-12)
1.
Nonconforming use: Any use that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued although otherwise rendered unlawful by such enactment or amendment. Any use that was unlawful on the date of enactment of this chapter, or amendment thereto, shall remain unlawful and shall not be a "nonconforming use".
2.
Nonconforming lot: Any lot that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued in existence although otherwise rendered unlawful by such enactment or amendment thereto, or as a result of public action. Any lot that was unlawful on the date of enactment of this chapter, or amendment thereto, shall remain unlawful and shall not be a "nonconforming lot". A lot is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter:
Lot area.
Lot width.
Lot frontage.
3.
Nonconforming structure: Any structure, except signs, that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued in existence although otherwise rendered unlawful by such enactment or amendment thereto or as a result of public action. Any structure that was unlawful on the date of enactment of this chapter, or amendment thereto, shall remain unlawful and shall not be a "nonconforming lot". A structure is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter or by virtue of public action:
Setbacks.
Yards.
Buffers.
Chesapeake Bay.
Stormwater management.
Open space.
Lot coverage.
Tree canopy.
Height.
FAR.
SUP.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-48, 7-14-09)
The nonconforming status of any nonconforming use, lot or structure shall adhere solely to the use of the land, and not to the owner, tenant, or other holder of any legal title to the property or the right to make use thereof.
(Ord. No. 95-54, App. B, 7-11-95)
1.
A use that is accessory, ancillary, secondary or incidental to a permitted principal use cannot be made the basis for a nonconforming principal use.
2.
No use accessory, ancillary, secondary or incidental to a principal nonconforming use shall be continued after nonconforming status is lost, except as may be approved under section 32-601.31 of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
1.
A nonconforming use, lot or structure may continue as it existed when it became nonconforming. A nonconforming use, lot or structure shall not be changed, altered, repaired, restored, replaced, relocated or expanded in any manner, including the addition of new accessory, ancillary, secondary or incidental uses, except as provided for in sections 32-601.30, et seq., of this chapter.
2.
If (i) a building permit has been issued, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, a certificate of occupancy or a use permit for the building or structure was issued, (ii) a property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code (§ 36-97 et seq.), or (iii) the owner of the building or structure has paid taxes to the locality for such building or structure for a period in excess of 15 years, the building or structure shall be deemed nonconforming. Notwithstanding the above, the Building Official may require the building or structure to be brought into conformity with the Uniform Statewide Building Code.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-22, 4-21-09; Ord. No. 09-30, 5-19-09; Ord. No. 24-75, 11-19-24)
1.
If any nonconforming use is discontinued for a period of two years, it shall lose its nonconforming status, and any further use shall conform to the provisions of this chapter.
2.
For the purposes of this section, cessation of a nonconforming use for the aforesaid period shall be conclusively presumed to establish discontinuance.
3.
Any nonconforming use which is intentionally abandoned, without regard to the length of time which shall have passed, shall be terminated, and any further use shall conform to this chapter.
4.
Operation of only an accessory, ancillary, secondary or incidental use to the principal nonconforming use during the two-year period shall not operate to continue the principal nonconforming use.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
A nonconforming use may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this section, and subject to the appropriate approvals (including, among others, verification of the nonconforming use, site plan approval, building permit approval and zoning approval under section 32-200.12 of this chapter) otherwise required by law.
1.
A nonconforming use may change to a conforming use.
2.
A nonconforming use may change to a more restricted nonconforming use, as set forth in section 32-601.31 of this chapter.
3.
A nonconforming use may be expanded throughout any part of a structure originally arranged or designed for such activity.
4.
No structure used as a part of a nonconforming use shall be moved to any other lot unless such lot is properly zoned to permit the use, nor shall such a structure be moved within the lot on which it exists, unless the relocation is specifically provided for in section 32-601.32.5.
5.
Prior to the approval of expansion of a nonconforming use under this section, nonconforming status shall be verified as set forth in section 32-601.60 of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-22, 4-21-09; Ord. No. 09-30, 5-19-09)
Editor's note— This section 32-601.30 was amended pursuant to Ord. No. 04-78, adopted Dec. 21, 2004, and provisions pertaining to nonconforming lots and structures have been relocated to new § 32-601.32, below. Further, subsection 5 of this section has been relocated from former § 32-601.33.
1.
Nonconforming use may change as a matter of right to a more restricted nonconforming use, upon issuance by the Zoning Administrator of an approval for such a change. The Zoning Administrator's approval, which shall not be given until the nonconforming status of the use has been verified in accordance with section 32-601.60 of this chapter, shall include a determination in writing that the proposed use is "more restricted" than the existing nonconforming use, and a copy of such determination shall be forwarded to the planning commission and the Board of County Supervisors. If the Zoning Administrator determines the proposed use is not "more restricted" than the existing nonconforming use, the application for a change to a more restricted nonconforming use shall be denied. An appeal from such a determination shall be to the Board of Zoning Appeals as provided by section 32-900.20 of this chapter.
2.
In determining whether a proposed use is a "more restricted" nonconforming use, the following factors, among others, shall be considered:
(a)
Whether the proposed use will change the size and scope of the existing use, and the magnitude of such change; and,
(b)
Whether the proposed use will increase the intensity of the nonconforming use, including hours of operation, traffic, noise, and similar impacts; and,
(c)
Whether the proposed use will have a more or less detrimental effect on conforming uses in the neighborhood; and,
(d)
How the quantum effect of the factors evaluated in preceding subsections (a), (b) and (c) above relate to the purpose, policies and objectives of this chapter.
3.
Upon the issuance of an approval to change to a more restricted nonconforming use, site plan approval, as set forth in Part 800 of this chapter, shall be required.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
A nonconforming structure may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this section, and subject to the appropriate approvals (including, among others, verification of the nonconforming use, site plan approval, building permit approval and zoning approval under section 32-200.12 of this chapter) otherwise required by law.
1.
A nonconforming structure may change to a conforming structure.
2.
A lawful nonconforming structure may remain lawfully nonconforming when any of the development standards associated with the structure is reduced by virtue of public action.
3.
A nonconforming structure may be repaired, provided such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when it originally became nonconforming, and subject to applicable Chesapeake Bay regulations.
4.
A nonconforming structure damaged by casualty (as distinguished from ordinary wear and tear) may be restored in accordance with the provisions of section 32-601.33 of this chapter.
5.
Minor alterations, cosmetic modifications, interior renovations and similar changes for nonconforming structures may be permitted provided that such changes shall not increase the land area occupied by any portion of the nonconforming structure, and shall not increase the gross floor area of any nonconforming structure, unless approved as an expansion pursuant to section 32-601.33.
6.
Except for signs, nonconforming structures other than buildings (such as, but not limited to, underground storage tanks, private sewage disposal systems, and parking lots) may be restored or replaced when such structures become unsafe or unsound. A relocation on the same lot may be approved by the Zoning Administrator provided the new location is less nonconforming than the original location, and further provided that the new location shall not cause a greater detrimental impact on conforming uses in the neighborhood. Nonconforming signs may be repaired or replaced in accordance with the provisions of section 32-601.34 of this chapter.
7.
Nonconforming structures may expand only in accordance with the provisions of this section. Whenever a percentage limitation is placed on expansion, that limitation shall be the total expansion allowed, in increments of any size that add up to the total, or all at once. All expansion shall occur on the lot, inclusive of any permitted consolidations or resubdivisions, occupied by the nonconforming structures.
(a)
A nonconforming one family dwelling may be expanded without limitation except as provided for in this section. In addition, new or expanded residential accessory structures (such as a storage shed, garage, swimming pool, etc.) may be permitted subject to the provisions of Part 300 of this chapter. Expansion of the dwelling and new or expanded accessory structures shall meet all zoning ordinance requirements, including height, yard and setbacks, for the zoning district in which located. However, expansions in height to existing nonconforming one family dwellings, except those identified in section 32-306.12.6 housing types A through E which do not meet current setback requirements shall be permitted as long as:
(1)
The dwelling is only being increased in height; and
(2)
The footprint of such dwelling will be unchanged by the proposed expansion in height; and
(3)
The distance between the expansion and any other dwelling is not less than twice the current yard setback requirement for the zoning district in which it is located. Such expansion shall not be required to meet more restrictive setbacks enacted since the date the dwelling became nonconforming; however, all other zoning regulations for the district in which the dwelling is located shall apply.
(b)
For nonconforming nonresidential structures where a related use is permitted by right or with a Special Use Permit in the zoning district in which the structure is located, but where the current development standards (including, but not limited to, yards, setbacks, screening and buffering, height, signs, lot coverage, or Special Use Permits) are not met, expansion of the structure, may be approved provided only yard, setback, buffer and height standards applicable to the expansion are met, and further provided that such expansion does not exceed 25 percent of the gross floor area of the existing structures. For any expansion exceeding 25 percent of the gross floor area of the existing structure(s), all development standards, including those in subsections (d) and (e), applicable to the property as a whole shall be met.
(c)
Prior to the approval of expansion of a nonconforming structure under this section, nonconforming status shall be verified as set forth in section 32-601.60 of this chapter.
(d)
In the event of any permitted expansion of a nonconforming structure, all signs located on the property shall be brought into full compliance with the current zoning ordinance requirements.
(e)
Expansions of nonresidential uses that require Special Use Permits and which are associated with expansions of structures pursuant to subsection (b) above are required to obtain Special Use Permits only when such expansion exceeds 25 percent of the gross floor area of the existing structure(s).
(Ord. No. 04-78, 12-21-04; Ord. No. 09-30, 5-19-09; Ord. No. 09-48, 7-14-09)
Editor's note— See note following § 32-601.30, above. Further, portions of this § 32-601.32 contain provisions which have been relocated from former § 32-601.33 entitled "Expansion of Nonconforming Uses, Structures" which derived from Ord. No. 95-54 enacted July 11, 1995, amended pursuant to Ord. No. 99-19 enacted Mar. 16, 1999, and repealed pursuant to Ord. No. 04-78 enacted Dec. 21, 2004.
1.
A nonconforming residential or commercial building that is damaged by any casualty may be restored to its condition prior to the casualty, provide such restoration is begun within one year of the date of the casualty and completed within two years of the date of the casualty.
2.
Such restoration may include minor alterations, cosmetic modifications, interior renovations or similar changes under the provisions of subsection 32-601.32.4 of this chapter, but such restoration shall not include any expansion unless approved under the provisions of section 32-601.32.6 of this chapter. Such restoration may include changes that make the building less nonconforming than it was prior to the casualty. Restoration to reduce or eliminate the nonconforming features to the extent possible shall not require a granting of a variance.
3.
Prior to any restoration permitted by this section, the nonconforming status of the building shall be verified as set forth in section 32-601.60 of this chapter.
4.
For all buildings except a one-family dwelling, restoration of a nonconforming building shall require site plan approval as set forth in Part 800 of this chapter.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-22, 4-21-09)
Editor's note— Former § 32-601.32 was renumbered pursuant to Ord. No. 04-78, adopted Dec. 21, 2004, as set out herein.
Nonconforming signs shall be governed by the regulations set forth in this part, except where such regulations conflict with the following provisions:
1.
Nonconforming signs shall not be expanded.
2.
Nonconforming signs may be changed to reduce any nonconformity as to the number of signs permitted on a lot, sign height, sign size and sign type.
3.
Signs that are nonconforming as to location may be relocated to be less nonconforming, provided such relocation shall not cause a greater detrimental impact on conforming uses in the neighborhood.
4.
The face, message, or copy on a nonconforming sign may be changed, provided such change does not alter the sign type, unless the new sign type would be a conforming sign in all respects.
5.
Whenever land is acquired due to the widening, construction, or reconstruction of any highway as defined in Code of Virginia, § 33.1-351 by purchase or by use of the power of eminent domain and upon such land is situated a lawfully nonconforming billboards sign as defined in Code of Virginia, § 33.1-351, such billboard sign may be relocated, if such sign meets all requirements under the provision of Code of Virginia, §§ 33.1-351 and 4.1-113.1 in the case of outdoor alcoholic beverage advertising, but is considered a nonconforming sign; such billboard sign may be relocated by the owner of the billboard sign, at the owner's sole cost and expense, to another location as close as practicable on the same property, adjusting the height or angle of the billboard sign to a height or angle that restores the visibility of the billboard sign to the same or comparable visibility as before the taking, provided the new location also meets all the requirements of Code of Virginia, § 33.1-95.2 and regulations adopted pursuant thereto. The owner of such billboard sign shall not be allowed to increase the size of the sign face, and a relocated billboard shall continue to be nonconforming in its new location. Maintenance of such nonconforming billboard signs shall be governed by the provisions of Code of Virginia, § 33.1-370.2.
6.
A sign permit, as set forth by section 32-250.25 of this chapter, shall be required for any changes permitted by subsections 2., 3., 4., and 5. hereinabove.
7.
Whenever the provisions of this part 601 require all nonconforming signs on a lot to be made conforming, such provision shall apply instead of the provisions of this section.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 14-17, Attch., 4-15-14)
Editor's note— Former § 32-601.35 pertaining to nonconforming cluster subdivisions derived unchanged from Ord. No. 95-54, enacted July 11, 1995, and repealed in its entirety pursuant to Ord. No. 04-78, enacted Dec. 21, 2004.
1.
Any unimproved lot or record, located in any zoning district, that is nonconforming as to the lot area, lot width or lot frontage, or combination thereof, required in the zoning district in which the lot is located may be used for any use permitted by right or with a Special Use Permit in such zoning district, provided all other standards of the zoning district are met.
2.
Nonconforming lots may change as follows:
(a)
A nonconforming lot may become a conforming lot by meeting the current minimum lot size, lot width, and lot frontage requirements of the zoning district in which the lot is located through one of the following actions:
i.
A boundary adjustment between two contiguous nonconforming lots, or among three or more such nonconforming lots located in the same zoning district.
ii.
A boundary adjustment between two contiguous lots, one being nonconforming and the other being conforming, provided such adjustment does not make the conforming lot nonconforming.
iii.
Subdivision of any nonconforming lot in the A-1 district under the provisions of section 25-6 of the Prince William County Code (family subdivision).
iv.
Rezoning to a different zoning district to meet the development standards of that district.
(b)
A lawful nonconforming lot may remain lawfully nonconforming when the lot size, lot width and/or lot frontage are reduced by virtue of public action.
(c)
The boundaries of a nonconforming lot(s) may be adjusted along with the boundaries of a contiguous nonconforming or conforming lot(s), provided such adjustment does not result in an additional nonconforming lot being created; does not make the conforming lot(s) nonconforming, does not result in further reduction of lot frontage or lot width to less than that required at the front setback line, of any of the nonconforming lots that existed prior to the boundary adjustment; provided that within the A-1 Agriculture district, a nonconforming lot may be reduced in area as long as the lot size does not decrease to less than one acre.
(d)
When a building or structure to be constructed or expanded is located on more than one nonconforming lot, a boundary adjustment shall be required to consolidate the lots.
(e)
When a nonconforming lot is changed as set forth in subsections 2.(a) (i), (ii), (iii), or (c) a plat of subdivision or boundary adjustment shall first be filed and approved in accordance with law. When a nonconforming lot is changed as set forth in subsection 2.(b) and 2.(d), only a deed of subdivision shall be filed and approved in accordance with law and the provisions of the Design and Construction Standards Manual.
3.
Any improved or unimproved lot meeting the minimum required lot size for the zoning district in which it is located, where a portion of the lot lies within an adjacent jurisdiction and the portion that lies within Prince William County by itself does not meet the minimum lot size for the zoning district in which it is located, may be deemed a nonconforming lot provided that:
(a)
The lot was otherwise lawfully created and lawfully existed as of July 1, 2016;
(b)
The lot, including both the combined portion located within Prince William County and the portion located within the adjacent jurisdiction, met the minimum lot size for the zoning district in which the lot was located at the time that it was created; and
(c)
The owner records a deed in the land records of Prince William County and the adjacent jurisdiction in which any portion of the lot is located stating that: "This property shall not be further subdivided, unless all resulting lots, whether they are located in whole or in part within Prince William County, meet the minimum required lot size for the Prince William County zoning district in which they are located at the time of the subdivision."
Such a lot shall not be further subdivided, unless all resulting lots, whether they are located in whole or in part within Prince William County, meet the minimum required lot size for the Prince William County zoning district in which they are located at the time of the subdivision.
(Ord. No. 94-1, 1-11-94; Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04; Ord. No. 09-48, 7-14-09; Ord. No. 12-68, Attch., 12-4-12; Ord. No. 16-32, Attch., 8-3-16)
Editor's note— References to provisional use provisions eliminated from this section 32-601.40 pursuant to Ord. No. 04-78, enacted Dec. 21, 2004.
Notwithstanding any other provision of this chapter, all nonconforming automobile graveyards shall maintain a 20-foot setback for all structures and uses (except permanent structures lawfully existing on the effective date of this chapter) from all property lines, and shall screen such setback area in a manner to meet or exceed the following:
1.
A solid, uniformly colored wood or masonry fence of sufficient height to screen the property from public view. Any such fence shall be set back not less than ten feet from any property line.
2.
A double, staggered row of evergreens consisting of trees and shrubs, as listed in section 800 of the Design and Construction Standards Manual. Trees shall be at least six feet in height at the time of planting with minimum 15-foot spacing.
3.
All fences and plantings shall be maintained in good condition, and necessary repair or replacement shall be made expeditiously.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 96-6, 1-16-96; Ord. No. 04-78, 12-21-04)
A structure, or the use of a structure or premises, which was lawful before September 23, 1975, or the date of adoption of an applicable amendment to Part 501, but which is not in conformity with the provisions of Part 501, may be continued subject to the following conditions:
1.
No structural alteration, addition or repair, singly or cumulatively, to any nonconforming structure shall exceed 50 percent of its appraised value as shown in the assessment records of Prince William County at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming use; provided, however, that if any such alteration, addition or repair exceeds 50 percent of the aforementioned value, the provisions of Part 501 shall apply to such alteration, addition or repair.
2.
Existing structures located in a floodway area shall not be expanded or enlarged below the level of the 100-year flood.
3.
If such use is discontinued for 12 consecutive months, any subsequent use of the subject property shall conform to Part 501, notwithstanding the intention of the landowner to continue such use.
4.
If any nonconforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its value, it shall not be reconstructed, except in conformity with the provisions of Part 501; provided, however, that if the reconstruction of such use or structure exceeds 50 percent of the assessed value of the use or structure on the date of destruction, the provisions of Part 501 shall apply to such reconstruction. The Board of County Supervisors may, in its discretion, permit reconstruction, if the use or structure is located outside the floodway and, upon reconstruction, is adequately and safely floodproofed, elevated or otherwise protected in conformity with the criteria established in the Design and Construction Standards Manual.
5.
In the event of conflict between provisions of this section and Part 501 of this chapter or other County ordinances or regulations, the provisions which impose a greater requirement or a higher standard shall control.
6.
Notwithstanding any of the above regulations, structures designated as historic by placement on the National Register of Historic Places, or the Virginia Landmarks Register, or located in an Historic Overlay District shall be exempt from the provisions of this section.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
In the event of conflict between provisions of Part 601 and Part 506 of this chapter, the provisions of Part 506 control.
(Ord. No. 95-54, App. B, 7-11-95)
Prior to approval of any change in a nonconforming use, lot or structure permitted by sections 32-601.30 et seq., of this chapter, the lawful status of the use, lot or structure shall be verified by the Zoning Administrator. The Zoning Administrator may also verify the lawful status of a nonconforming use, lot or structure not proposed to change, upon the request of the owner of the property, or upon the request of a neighboring property owner.
1.
In verifying the lawful status of a nonconforming use, lot or structure, the Zoning Administrator shall determine the following:
(a)
Whether the use, lot or structure is in fact lawfully nonconforming; and, if so, then;
(b)
The location and gross floor area (in square feet) of all buildings;
(c)
The location, use and size of all structures other than buildings;
(d)
The area of land (in square feet) devoted to all aspects of the nonconforming use, lot or structure (including buildings, parking, outside storage, travelways, open spaces, etc.); and
(e)
A description of the principal use(s) and all accessory, ancillary, secondary or incidental uses that make up the lawful nonconforming use as a whole.
2.
The decision of the Zoning Administrator under subsection (1) shall be final after 30 days unless an appeal is filed to the Board of Zoning Appeals in accordance with section 32-900.20 of this chapter.
3.
The decision of the Zoning Administrator shall be based on information provided by the owner of the property, on information provided by other persons with knowledge of the property, and on any other information available to the Zoning Administrator as public record. Such information may include, but shall not be limited to, permits, licenses, tax records, receipts, business records, photographs, plats, plans, bills, utility information, assessment information, and sworn affidavits from individuals with personal knowledge of the use and/or the property.
4.
The Zoning Administrator shall keep a record of all verified nonconforming uses, lots or structures. Not less than every two years after the original date of verification, the owner or operator of a verified nonconforming use, lot or structure shall file a report with the Zoning Administrator, on forms available from the Planning Office, showing that the nonconforming use, lot or structure has not ceased for a two-year period, or been abandoned, and that the use is being operated in accordance with the decision rendered as a part of the nonconforming verification process, and any subsequent changes approved.
(Ord. No. 95-54, App. B, 7-11-95; Ord. No. 04-78, 12-21-04)
1.
Any person claiming the right to develop property under regulations repealed or superseded by amendment to this chapter or otherwise claiming development rights under Code of Virginia, §§ 15.2-2297.B. and D. or 15.2-2307, shall seek a determination from the Zoning Administrator pursuant to this section and Code of Virginia, §§ 15.2-2297.B. and D. or 15.2-2307.
2.
Application shall be made on forms provided therefor by the Planning Office and shall include all information required by this section. The applicant shall swear or affirm to the accuracy and completeness of all information submitted and representations made in his application.
3.
The decision of the Zoning Administrator shall be based upon information provided by the applicant, on information provided by other persons with knowledge of the property and the proposed development, and on any other information available to the Zoning Administrator as public record or public information. Such information may include but shall not be limited to, rezoning files, site development or subdivision files, permits, licenses, tax records, receipts, business records, photographs, plats, plans, bills, utility information, assessment information, and sworn affidavits from individuals with personal information regarding the property and its development.
4.
The decision of the Zoning Administrator shall be final after 30 days unless an appeal is filed with the Board of Zoning Appeals in accordance with section 32-900.20 of this chapter.
(Ord. No. 04-78, 12-21-04)
Note— See editor's note following § 32-602.01, below.
Editor's note— Former § 32-602.01 entitled "Proffered Conditions Governed by Virginia Code section 15.2-2297.B. and D" was repealed pursuant to Ord. No. 04-78, and provisions for determination of rights under Code of Virginia, §§ 15.2-2297.B and D. and 15.2-2307 were relocated to § 32-602.00, above.