Shenandoah County Unincorporated
City Zoning Code
City Zoning Code
ARTICLE IV
Nonconforming Uses
§ 165-20 Existing uses.
[Amended 5-27-1997 by Ord. No. 97-2; 9-23-1997 by Ord. No. 97-7; 10-24-2006 by Ord. No. 2006-11]
Any lawfully existing use may be continued so long as it remains otherwise lawful. No nonconforming use may be reestablished where such use has been discontinued for a period of more than two years.
§ 165-21 Changes in district boundaries.
Whenever the boundaries of a district are changed, any structures or uses of land or buildings which become nonconforming shall be subject to the standards of this article.
§ 165-22 Existing structures.
[Amended 1-24-1985; 4-10-1990; 9-23-1997 by Ord. No. 97-7; 10-24-2006 by Ord. No. 2006-11]
A.
Any lawfully existing nonconforming structure may be continued so long as it remains otherwise lawful.
B.
Where a lawfully existing nonconforming structure is damaged or destroyed by a natural disaster or other act of God, the structure can be repaired, rebuilt, or replaced to its preexisting size if:
(1)
The structure is repaired, rebuilt, or replaced within two years of the disaster, unless the structure is damaged or destroyed as the result of an event that is declared a federal disaster, in which case the structure shall be repaired, rebuilt, or replaced within four years of the disaster.
C.
Any lawfully existing nonconforming structure not meeting setback requirements may be expanded so long as the expansion is not located any closer to the encroached property line than what currently exists and all other setback requirements are met.
D.
Any television, radio or communications tower existing at the time of the adoption of this chapter, if repaired or replaced, shall not be increased in height unless a special use permit is approved by the Board of Supervisors.
§ 165-23 Existing lots.
[Amended 2-7-1985; 6-9-1987; 9-23-1997 by Ord. No. 97-7; 10-24-2006 by Ord. No. 2006-11]
A.
Any lots recorded in the office of the Clerk of the Circuit Court of Shenandoah County prior to the adoption of this chapter or any amendment to this chapter which are less in area and/or frontage than required may be used for a permitted use in the district, sold, rented or leased if the other standards of this chapter or any amendment to this chapter are met.
B.
Where a lot was recorded prior to October 1, 1978, and was subject to recorded restrictive covenants containing building setback lines, side and/or rear yard lines, or has such lines shown on the recorded plat, such lot shall be allowed to adhere to such lines. Waivers to restrictive covenants pertaining to building setback lines, side and/or rear yard lines, granted by Sky Bryce Association for Sections I through XII of the Bryce Mountain Development, shall be accepted by the Zoning Administrator.
C.
Where a lot was recorded prior to June 24, 2003, and is nonconforming in frontage and/or minimum lot size requirements, the Zoning Administrator shall allow the County setbacks that were in place at that time to be used.
D.
No nonconforming lot shall be subdivided or shall be part of a boundary line adjustment that makes the lot more nonconforming. This provision shall not apply to divisions for the dedication for widening or straightening of the right-of-way for roads within or eligible for inclusion within the state highway system or the division of land for dedication for public utilities.
§ 165-24 Utility facilities lots.
[Added 3-8-1983]
Lots to be used solely for the location and operation of electric substations or booster, relay or pump stations for natural gas, telephone, water, sewer and similar public utilities shall not be required to comply with area, frontage and yard regulations except that they shall be required to maintain a minimum of 15 feet setback for front, side and rear yards. This section shall not apply to lots used for the location and operation of primary utility facilities.