This chapter shall be known as the Zoning Ordinance of Spotsylvania County, Virginia.

(Ord. No. 23-66, 10-24-95)

State Law reference— Similar provisions, Code of Virginia, § 15.1-489.

(a)

The regulations set forth in this chapter are adopted pursuant to the following statutory authority, in addition to other provisions of the Code of Virginia:

(1)

Virginia Local Planning, Subdivision and Zoning legislation, title 15.2, chapter 22, of the Code of Virginia (1950) as amended; and

(2)

The Chesapeake Bay Preservation Act, title 62.1, chapter 3.1, article 2.5, of the Code of Virginia (1950) as amended.

(b)

The regulations set forth in this chapter are adopted for the following purposes:

(1)

To provide for adequate light, air, convenience of access, and safety from fire, flood and other dangers;

(2)

To reduce or prevent congestion in the public streets;

(3)

To facilitate the creation of a convenient, attractive and harmonious community;

(4)

To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports and other public requirements;

(5)

To protect against destruction of or encroachment upon historic areas;

(6)

To protect against the following: overcrowding of land, undue density of population in relation to community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, panic or other dangers;

(7)

To encourage economic development activities that provide desirable employment and enlarge the tax base;

(8)

To provide for the preservation of agricultural and forested lands and other lands of significance for the protection of the natural environment;

(9)

To protect approach slopes and other safety areas of licensed airports;

(10)

To promote the health, safety or general welfare of the public and accomplish the objectives of the Spotsylvania County Comprehensive Plan; and

(11)

To protect surface water and groundwater, especially within areas designated as Chesapeake Bay Preservation Area Overlay Districts, in accordance with requirements of the Virginia Chesapeake Bay Preservation Act.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-183, 7-12-22)

(a)

This chapter shall apply to all property within Spotsylvania County.

Except as otherwise provided by this chapter, no building, structure, or land shall be used or occupied, and no building, structure, or part thereof shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered, unless it conforms with the provisions of this chapter, the subdivision ordinance and other applicable county ordinances.

(Ord. No. 23-66, 10-24-95)

The boundaries of the zoning districts established by and pursuant to this chapter shall be shown on a set of official zoning maps which, with all notations, references, and other information shown thereon, are hereby incorporated into and made part of this chapter. As part of this chapter, the official zoning map shall be amended only in accordance with the procedures set forth in article 4, division 6 of this chapter. The official zoning map shall be prepared and maintained by the zoning administrator.

(Ord. No. 23-66, 10-24-95)

(a)

Existing unlawful uses and structures. A structure or use not lawfully existing at the time of the adoption of this chapter is hereby deemed lawful as of the effective date of this chapter provided that it conforms with all of the requirements of this chapter. However, if such structure or use does not conform with all of the requirements of this chapter, then such structure or use remains unlawful hereunder.

(b)

Existing lawful uses:

(1)

When a lot is used lawfully on the effective date of this chapter, and articles 6 or 7 of this chapter classify such use as a "permitted use" in the zoning district in which it is located, such use is hereby deemed a lawful permitted use for the purposes of this chapter.

(2)

When a lot is used lawfully on the effective date of this chapter, and articles 6 or 7 of this chapter classify such use as a "special use" in the zoning district in which it is located, such use is hereby deemed a lawful special use for the purposes of this chapter. All conditional use approvals granted by the board of supervisors prior to the effective date of this chapter shall remain in full force and effect, and the recipient of the conditional use approval may proceed to develop the property in accordance with the plans previously approved by the board. If the approval of such conditional use was subject to one or more conditions, then those conditions shall continue in full force and effect unless a new special use approval is obtained in accordance with article 4, division 5 of this chapter. However, if the recipient of the conditional use approval has failed to commence development before the conditional use approval expires, or if no expiration is specified within one (1) year of the adoption of this chapter, then the provisions of this chapter shall govern. Any new owner or occupant of a lawful special use may continue operation of that use without needing a new special use approval pursuant to this chapter, provided that operation of the lawful special use is continued in the same manner as it existed on the effective date of this chapter.

(3)

Any addition to or expansion of a lawful special use, as defined in subsection b(2) above, shall require new special use approval in accordance with the procedures and standards set forth in article 4, division 5 of this chapter for new special uses.

(c)

Uses rendered nonconforming. When a lot is used for a purpose which was a lawful use before the effective date of this chapter, and this chapter or any amendment thereto no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use is hereby deemed a nonconforming use and shall be controlled by the provisions of article 8 of this chapter.

(d)

Buildings, structures, and lots rendered nonconforming. Where any building, structure, or lot which existed on the effective date of this chapter does not meet all standards set forth in this chapter or any amendment thereto, such building, structure, or lot is hereby deemed nonconforming and shall be controlled by the provisions of article 8 of this chapter.

(e)

Previously issued building permits. When a building permit for a building or structure has been lawfully issued prior to the effective date of this chapter, and construction has begun within six months of the issuance of such permit and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended and be classified as non-conforming.

(f)

Previously granted zoning certificate. If a zoning certificate has been issued by the county prior to the effective date of this chapter but no building permit has been issued, then the provisions of this chapter shall govern.

(g)

Previously granted conditional use permits. All conditional use permits granted prior to the effective date of this chapter, and any conditions attached thereto, shall remain in full force and effect, and the recipient of the conditional use permits may proceed to develop the property in accordance with the plans previously approved provided that such plans conform in all other respects to County rules and regulations. However, if the recipient of such conditional use permits has failed to act on the conditional use permits before it expires the provisions of this chapter shall govern.

(h)

Previously approved preliminary plats. Where a preliminary plat has been approved prior to the effective date of this chapter, the applicant shall be entitled to develop the property according to the approved preliminary plat provided that:

(1)

A record plat for a section of the subdivision shown on the preliminary plat must be recorded within twelve (12) months of the date of preliminary plat approval.

(2)

Record plats for all sections of the subdivision shown on the preliminary plat must be recorded within three (3) years of the date of recordation of the first section for subdivisions of less than three hundred (300) lots, or within five (5) years of the date of recordation of the first section for subdivisions of three hundred (300) or more lots.

(3)

The transitional screening requirements of article 5, division 5, the erosion and sediment control requirements of Article 1 of the Design Standards Manual and the stormwater management requirements of Article 4 of the Design Standards Manual are satisfied to the maximum extent possible.

(4)

For the purposes of this subsection 23-1.1.5(h), a "section" shall contain at least thirty (30) lots or fifty (50) percent of the total lots in the subdivision, whichever is less.

(i)

Previously filed site plans. Where a bona fide site plan has been filed in accordance with chapter 6A of the code prior to the effective date of this chapter, the applicant shall be entitled to develop the property in accordance with the approved site plan provided that:

(1)

The site plan is approved within sixty (60) days of the effective date of this chapter.

(2)

A building permit for building, or buildings, containing at least fifty (50) percent of the total gross floor area (gfa) shown on the site plan is issued within twelve (12) months of the date of site plan approval or within twelve (12) months of the effective date of this chapter, whichever is later, and construction of such building, or building is completed within the period of validity of such building permit.

(3)

The transitional screening requirements of article 5, division 5 are satisfied to the maximum extent possible.

(j)

Revisions to grandfathered plats and plans. Revisions to grandfathered preliminary subdivision plats or site plans made during the period of validity of such plats or plans will be grandfathered provided the revisions do not increase any conformities. Such revisions, however, will not extend the due diligence requirements.

(Ord. No. 23-66, 10-24-95)