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Ordinance chapter · Loudoun County Unincorporated, Virginia

Chapter 1

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Loudoun County Unincorporated, VA Zoning Ordinance#

CHAPTER 1#

Introduction#

1.01 Title, Purpose, and Intent#

A. Title. This Zoning Ordinance and the official zoning map are known and may be cited and referred to together as the Loudoun County Zoning Ordinance. All references within this text to "Zoning Ordinance" refer to the Loudoun County Zoning Ordinance as amended from time to time, unless the reference specifies a prior version of the Zoning Ordinance.

B. Purpose and Intent. The Zoning Ordinance is enacted to promote the health, safety, and welfare of the residents of Loudoun County. To these ends, the Zoning Ordinance is designed to:

  1. Guide and regulate the orderly growth, development, and redevelopment of Loudoun County in accordance with the Loudoun County Comprehensive Plan, in particular its components, the General Plan and the Countywide Transportation Plan;

  2. Protect the established character and the social and economic wellbeing of both private and public property;

  3. Provide for adequate light, air, convenient access, and safety from fire, flood, and other dangers;

  4. Reduce or prevent congestion on public streets;

  5. Facilitate the creation of a convenient, attractive, and harmonious community;

  6. Expedite the provision of adequate police and fire protection, safety from crime, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public services;

  7. Protect against destruction of or encroachment upon historic areas;

  8. Protect against the following: overcrowding of land, undue population density in relation to existing or available community facilities, 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;

  9. Encourage economic development activities that provide desirable employment and enlarge the tax base;

  10. Promote the public necessity, health, safety, convenience, and general welfare by equitably apportioning the cost of providing the additional public facilities necessitated or required by development;

  11. Provide for the preservation of agricultural and forestal land and other land throughout the county for the protection of the natural environment, such as habitats, ecological systems, and natural resources;

  12. Protect approach slopes and other safety areas of licensed airports; and

  13. Provide for and promote attainable housing for Loudoun County residents.

Effective on: 1/1/1901

1.02 Application of the Zoning Ordinance#

A. Territorial Application. The regulations and restrictions in this Zoning Ordinance apply to all structures, land, water, and uses within the unincorporated area of Loudoun County, Virginia, except those determined by law to be under the sovereign control of the United States of America or the Commonwealth of Virginia and used for governmental purposes. Except as otherwise provided in this Zoning Ordinance, the Land Subdivision and Development Ordinance, or other applicable County or Commonwealth of Virginia regulation, the County possesses sole decision-making authority for land development in the unincorporated areas of Loudoun County, including but not limited to the Joint Land Management Areas surrounding incorporated towns, with no requirement for Town concurrence or approval.

B. General Application.

  1. Unless otherwise provided, the Zoning Ordinance applies to: a. All structures erected hereafter; b. All uses of land, water, or structures established hereafter; c. All structural alterations or relocations of existing structures occurring hereafter; and d. All enlargements of, additions to, changes in, and relocations of existing uses occurring hereafter.

  2. Existing structures and uses that comply with the regulations of this Zoning Ordinance are subject to all applicable regulations of this Zoning Ordinance.

  3. Existing structures and uses that do not comply with the regulations of this Zoning Ordinance may be allowed to continue subject to the provisions of Section 1.03 related to nonconformities.

C. General Prohibition. No structure, no use of any structure or land, and no lot of record now or hereafter existing can hereafter be established, altered, moved, diminished, divided, eliminated, or maintained in any manner except in conformity with the provisions of this Zoning Ordinance.

D. Private Agreements. This Zoning Ordinance is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations of this Zoning Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements or legal relationships, the regulations of this Zoning Ordinance govern.

E. Existing Special Exceptions and Variances.

  1. Development in accordance with an approved Special Exception or Variance must meet the requirements of this Zoning Ordinance. In the event of a conflict between an approved Special Exception or Variance and the requirements of this Zoning Ordinance, development in accordance with the requirements of the Special Exception or Variance are permitted, provided such approval remains valid.

  2. Any lawfully existing use that becomes a Special Exception or Minor Special Exception use in the zoning district in which it is located is deemed to have Special Exception or Minor Special Exception approval, as applicable. Expansion or relocation of such use requires a new Special Exception or Minor Special Exception approval, as applicable.

F. Zoning Permits Issued Prior to Effective Date.

  1. Right to Complete Construction Pursuant to Approved Plans. Nothing in this Zoning Ordinance requires any change in the plans, construction, or designated use of any structure in the event that: a. A Zoning Permit for such structure was lawfully issued or a final Site Plan or Subdivision plat was lawfully approved prior to the effective date of this Zoning Ordinance, or any amendment thereof; b. Such permit or approval had not by its own terms expired prior to such effective date; and c. Construction pursuant to such permit or approval is commenced prior to the expiration of such permit or approval.

  2. Right to Occupy as Nonconformity. Upon completion pursuant to Section 1.02.F.1, such structure may be occupied by, and a Certificate of Occupancy must be issued for, the use designated on such permit, subject thereafter to the provisions of Section 1.03 relating to nonconformities.

G. Pending Applications. This Zoning Ordinance, or any amendment thereof, applies to all applications pending as of the effective date, except as otherwise provided herein or by the Code of Virginia. The Board of Supervisors may establish grandfathering provisions in a resolution adopted contemporaneously with this Zoning Ordinance or any amendment.

H. Provisions Declared Invalid. The provisions of this Zoning Ordinance are deemed separate and independent in accordance with the following rules:

  1. If any court of competent jurisdiction adjudges any provision of this Zoning Ordinance to be invalid, such judgment does not affect any other provisions of this Zoning Ordinance; or

  2. If any court of competent jurisdiction adjudges invalid the application of any provision of this Zoning Ordinance to a particular property, building, or structure, such judgment does not affect the application of said provision to any other property, building, or structure.

I. Conflicting Provisions. In administration, interpretation, and enforcement, the provisions of this Zoning Ordinance are the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. Whenever any provision of this Zoning Ordinance imposes a greater requirement or a higher standard than is required in any Virginia Commonwealth or Federal Statute or other County ordinance or regulation, the provision of this Zoning Ordinance governs. Whenever any provision of any Virginia Commonwealth or Federal statute or other County ordinance or regulation imposes a greater requirement or a higher standard than is required by this Zoning Ordinance, the provision of such Virginia Commonwealth or Federal statute or other County ordinance or regulation governs. In the event that administration or enforcement of a provision of this Zoning Ordinance in a particular context or circumstance would violate an applicable Virginia Commonwealth or Federal statute, the provision of such Virginia Commonwealth or Federal statue governs.

J. Proffered Conditions. The text of this Zoning Ordinance applies to any parcel covered by a previous grant of zoning with proffered conditions (i.e., proffers or proffer statement) pursuant to Code of Virginia § 15.2-2303, except where the imposition of the requirements of this Zoning Ordinance would be in conflict with a specific proffered condition, in which case, the proffered condition supersedes the requirements of this Zoning Ordinance.

K. Route 28 Transportation Improvement District.

  1. Protections. Any commercially or industrially zoned property within the Route 28 Transportation Improvement District (Route 28 Tax District) that, as of the effective date of this Zoning Ordinance, is administered under the Loudoun County Zoning Ordinance as it existed on the date the Route 28 Tax District was established (commonly referred to as the 1972 Zoning Ordinance) will continue to be administered under the 1972 Zoning Ordinance pursuant to its current zoning district classification, including any previously approved Concept Development Plan and proffer statement and/or Special Exception, unless and until the owner of such property waives the Route 28 Tax District enabling legislation protections in accordance with Section 1.02.K.2. Applications for Zoning Modification, Zoning Concept Plan Amendment, proffer amendment, Special Exception, or Variance for any property administered under the 1972 Zoning Ordinance will continue to be processed under the procedures of the 1972 Zoning Ordinance, subject to any applicable requirements of the Code of Virginia.

  2. Waiver of Protections. The owner of any commercially or industrially zoned property within the Route 28 Tax District that is administered under the 1972 Zoning Ordinance may elect to waive the protections of the Route 28 Tax District enabling legislation by pursuing and obtaining approval of a Zoning Map Amendment (ZMAP) or Zoning Conversion Route 28 Tax District (ZRTD) application. All ZMAP and ZRTD applications will be processed in accordance with the procedures and other regulations of this Zoning Ordinance.

  3. Prior Waivers and Legislative Approvals. Any commercially or industrially zoned property within the Route 28 Tax District that is no longer administered under the 1972 Zoning Ordinance because it has been the subject of either: a. An approved ZMAP or ZRTD application; or b. A prior election to waive the protections of Route 28 Tax District enabling legislation made in accordance with former Sections 1-103 (N)(2) or 4-2902 of the Zoning Ordinance,

    may be developed in accordance with any applicable vested rights accruing to such property in accordance with Code of Virginia § 15.2-2307 or 15.2-2303.B and otherwise will be administered under this Zoning Ordinance.

L. Vested Rights Not Impaired. Code of Virginia § 15.2-2307. Nothing in this Zoning Ordinance is intended to impair nor must be interpreted or construed as impairing:

  1. Any applicable vested rights to develop property in accordance with a prior land development approval or written determination, as prescribed in Code of Virginia § 15.2-2307 or 15.2-2303.B; or

  2. Legal rights of a Route 28 Tax District property owner under Code of Virginia § 15.2-4603.C.

Determinations of such rights may be requested from the Zoning Administrator, in accordance with the procedures prescribed in Section 10.02 of this Zoning Ordinance.

M. Approved Subdivisions and Site Plans. Nothing in this Zoning Ordinance interferes with the terms of validity of any subdivisions or Site Plans as provided by the Code of Virginia.

N. Condominium Development. Notwithstanding Section 3.01.F, single-family detached dwelling or single-family attached dwelling condominium development is subject to the District Dimensional Standards specified for the zoning district in which the condominium development is located as if lot lines existed§ or as if each condominium ownership unit was located on its own lot, and subject to the same Transportation (Section 7.07) regulations as dwelling units located on individual lots, in the same manner as such standards and regulations apply to a physically identical project or development under a different form of ownership.

O. Effective Date. This Zoning Ordinance becomes effective upon its adoption. Any Zoning Ordinance amendment becomes effective upon its adoption.

Effective on: 1/1/1901

1.03 Nonconformities#

1.03.01 General Requirements#

Purpose. Nonconforming uses, structures, and lots are incompatible with the Zoning Ordinance and the desired character of the County. As such, they are authorized to continue only under the circumstances provided in Section 1.03 until they are discontinued, removed, or changed to conform to the Zoning Ordinance. The purpose is to:

  • Regulate and limit the development and continued existence of uses, structures, and lots legally established that do not conform to the requirements of the Zoning Ordinance;
  • Meet the desired character of the County by improving nonconformities to a conforming status or otherwise eliminating the nonconformity;
  • Permit the continued existence and improvement of certain historic resources; and
  • Provide for the removal of nonconforming status through Special Exception approval by the Board of Supervisors.

A. Applicability. Section 1.03 applies to any nonconforming use, structure, or lot that was legally established but has become nonconforming due to:

  1. The adoption of the Zoning Ordinance;
  2. Any subsequent reclassification of zoning districts; or
  3. Other amendment to the Zoning Ordinance.

B. Removal of Nonconforming Status. The Board of Supervisors may deem a nonconforming use, structure, or lot to be in compliance with the requirements of the Zoning Ordinance through approval of a Special Exception pursuant to Section 10.11.01.§

Effective on: 1/1/1901

1.03.02 Nonconforming Uses#

A. Principal Use.

  1. The protections and provisions of this section are only provided to nonconforming uses that are a principal use of the property or to parking as an on-site accessory use or structure.

  2. An accessory use cannot become a nonconforming principal use.

B. Expansion. A nonconforming use cannot be expanded or extended beyond the floor area or portion of the lot area that it occupied on the date the use became nonconforming.§

C. Residential Expansion. Equivalent expansion of nonconforming residential uses is permitted when a nonconforming structure is expanded pursuant to Section 1.03.03.C.

D. Discontinuance.

  1. If a nonconforming use is discontinued for a continuous period of more than 2 years at any time since becoming nonconforming, then that use cannot be renewed or reestablished.§

  2. Any subsequent use of the lot or structure must be in conformance with the Zoning Ordinance.

E. Change.

  1. A nonconforming use may be changed to another nonconforming use only by approval of a Special Exception pursuant to Section 10.11.01.§

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1.03.03 Nonconforming Structures#

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1.03.04 Nonconforming Lots#AR-1AR-2

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1.04 Interpretation of Zoning Ordinance#

A. Provisions are Minimum Requirements. In their administration, interpretation, and enforcement, the provisions of this Zoning Ordinance are the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare, as set forth in the provisions hereof establishing the intent and purpose of this Zoning Ordinance in general and its various sections in particular.

B. Interpretation of Terms. For the purpose of this Zoning Ordinance, certain words and terms are to be interpreted as follows:

  1. Words used in the present tense include the future; words used in the masculine gender include the feminine and neuter; words in the singular number include the plural; and words in the plural include the singular, unless the obvious construction of the wording indicates otherwise;

  2. The word "must" is mandatory;

  3. Unless otherwise specified, all distances must be measured horizontally and at right angles or radially to the line in relation to which the distance is specified;

  4. Unless otherwise specified, the term "day" means a calendar day;

  5. The word "lot" includes the word plot; the word "used" also includes designed, intended, or arranged to be used; the term "erected" also includes constructed, reconstructed, altered, placed, relocated, or removed;

  6. The terms "land use" and "use of land" also include building use and use of building; and

  7. The phrase "such as" means "including, but not limited to."

C. Figures. Figures included in the Zoning Ordinance are provided solely as examples to illustrate the requirements of the applicable section(s). Figures do not limit the discretion of the Zoning Administrator to implement the Zoning Ordinance. If there are any discrepancies between a referenced Figure and the text of the Zoning Ordinance, the text of the Zoning Ordinance governs.

Effective on: 1/1/1901

1.05 Interpretation of Map and District Boundaries#

A. Zoning Map.

  1. The County is divided into the zoning districts listed in Chapter 2 of this Zoning Ordinance and as shown on the map entitled "Zoning Map, Loudoun County, Virginia", which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Zoning Ordinance. The represented locations and boundaries derive from the authoritative data source as maintained by the Office of Mapping and Geographic Information.

  2. For zoning districts, overlay districts listed in Chapter 5, and other mapped features subject to this Zoning Ordinance, the Official Zoning Map is the County mapping data in digital form as displayed on WebLogis and publicly available County GIS data. The Zoning Map is the final authority as to the current zoning status of land and water areas, buildings, and other structures in the County save for subsequent amendments enacted by the Board of Supervisors and not yet officially recorded on said map.

  3. No changes of any nature may be made on said Zoning Map or any matter shown thereon except in conformity with the procedures and requirements of this Zoning Ordinance. It is unlawful for any person to make unauthorized changes to the Zoning Map.

B. Zoning District Boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the Zoning Map, the following rules apply:

  1. Boundaries indicated as approximately following the center lines of streets, highways, or alleys must be construed to follow center lines of rights-of-way or prescriptive easements. In case of closure of a street or alley, or vacation of an easement, the boundary must be construed as remaining at its prior location unless ownership of the closure or vacated area is divided other than at the center, in which case the boundary must be construed as moving to correspond with the ownership, but not beyond any previous right-of-way or easement line;

  2. Boundaries indicated as approximately following platted lot lines must be construed as following lot lines;

  3. Boundaries indicated as following County limit lines must be construed as following such County limits;

  4. Boundaries indicated as following railroad lines must be construed to be midway in the right-of-way for such railroad lines;

  5. Boundaries indicated as following bankfulls of bodies of water must be construed to follow such bankfulls. Boundaries indicated as approximately following the center lines of creeks, streams, rivers, canals, or other predominately linear bodies of water must be construed to follow such center lines;

  6. Boundaries indicated as parallel to or concentric with, or extensions of features indicated in Paragraphs 1 through 5 above must be so construed;

  7. Where areas appear to be unclassified on the Zoning Map, and classification cannot be established by the above rules, such areas must be considered to be classified AR-1 until action is taken to amend the Zoning Map;

  8. Where territory is added to the jurisdictional area, such territory is classified as AR-1 until action is taken to amend the Zoning Map;

  9. Distances and dimensions not specifically indicated on the Zoning Map must be interpreted from the Zoning Map by the Zoning Administrator and as so noted on the map;

  10. Where natural or man-made features actually existing on the ground are at variance with those shown on the Zoning Map, the Zoning Administrator must interpret the district boundaries as so noted on the Zoning Map; and

  11. Where uncertainties continue to exist and/or further interpretation is required beyond that presented in the above paragraphs, the Zoning Administrator is authorized to interpret the exact location of the boundaries or map features, at the request of an applicant or on the Zoning Administrator's own initiative.

C. Environmental Overlay District Boundaries and Steep Slope Areas Maps.

  1. The Environmental Overlay District boundaries and Steep Slope Areas Maps intend to show the location of environmental resources in the County, including the following: a. Mountainside Overlay District (MOD) Map, described in Section 5.04; b. Floodplain Overlay District (FOD), described in Section 5.03; c. Steep Slope Areas Map, described in Section 6.02; d. Limestone Overlay District (LOD), described in Section 5.05; and e. River and Stream Corridor Resources (RSCR), described in Section 6.01.

  2. Where uncertainty exists as to Natural and Environmental Resources, the Zoning Administrator, in consultation with the Department of Building and Development, is charged with making necessary cartographic interpretations at the request of an applicant or on the Zoning Administrator's own initiative. a. The Zoning Administrator is authorized to interpret the exact location of the Natural and Environmental Resources if there appears to be a conflict between a mapped resource boundary, elevations, and actual physical conditions. b. The Zoning Administrator may require information from the applicant, including, but not limited to a topographic survey and/or engineering studies in conformance with the provisions of the Facilities Standards Manual.

D. Appeals. The applicant may appeal the Zoning Administrator's interpretation of a zoning district boundary, environmental overlay district boundary, or steep slope areas map to the Board of Zoning Appeals in accordance with the appeals provisions in Section 10.14 of the Zoning Ordinance.

Effective on: 1/1/1901

CHAPTER 2#

Zoning Districts#

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CHAPTER 3#

Uses#

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CHAPTER 4#

Use-Specific Standards#

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CHAPTER 5#

Overlay Districts#

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CHAPTER 6#

Natural and Environmental Resources#

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CHAPTER 7#

Development Standards#

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CHAPTER 8#

Signs#

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CHAPTER 9#

Attainable Housing#

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CHAPTER 10#

Procedures#

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CHAPTER 11#

Officials, Boards, and Commissions#

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CHAPTER 12#

Definitions#

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Appendices#

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Amendment History#

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CHAPTER 1

Introduction

1.01 Title, Purpose, and Intent A. Title. This Zoning Ordinance and the official zoning map are known and may be cited and referred to together as the Loudoun County Zoning Ordinance. All references within this text to "Zoning Ordinance" refer to the Loudoun County Zoning Ordinance as amended from time to time, unless the reference specifies a prior version of the Zoning Ordinance.

B. Purpose and Intent. The Zoning Ordinance is enacted to promote the health, safety, and welfare of the residents of Loudoun County. To these ends, the Zoning Ordinance is designed to:

Guide and regulate the orderly growth, development, and redevelopment of Loudoun County in accordance with the Loudoun County Comprehensive Plan, in particular its components, the General Plan and the Countywide Transportation Plan;

Protect the established character and the social and economic wellbeing of both private and public property;

Provide for adequate light, air, convenient access, and safety from fire, flood, and other dangers;

Reduce or prevent congestion on public streets;

Facilitate the creation of a convenient, attractive, and harmonious community;

Expedite the provision of adequate police and fire protection, safety from crime, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, airports, and other public services;

Protect against destruction of or encroachment upon historic areas;

Protect against the following: overcrowding of land, undue population density in relation to existing or available community facilities, 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;

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

Promote the public necessity, health, safety, convenience, and general welfare by equitably apportioning the cost of providing the additional public facilities necessitated or required by development;

Provide for the preservation of agricultural and forestal land and other land throughout the county for the protection of the natural environment, such as habitats, ecological systems, and natural resources;

Protect approach slopes and other safety areas of licensed airports; and

Provide for and promote attainable housing for Loudoun County residents.

Effective on: 1/1/1901

1.02 Application of the Zoning Ordinance A. Territorial Application. The regulations and restrictions in this Zoning Ordinance apply to all structures, land, water, and uses within the unincorporated area of Loudoun County, Virginia, except those determined by law to be under the sovereign control of the United States of America or the Commonwealth of Virginia and used for governmental purposes. Except as otherwise provided in this Zoning Ordinance, the Land Subdivision and Development Ordinance, or other applicable County or Commonwealth of Virginia regulation, the County possesses sole decision-making authority for land development in the unincorporated areas of Loudoun County, including but not limited to the Joint Land Management Areas surrounding incorporated towns, with no requirement for Town concurrence or approval.

B. General Application. 1. Unless otherwise provided, the Zoning Ordinance applies to: a. All structures erected hereafter;

b. All uses of land, water, or structures established hereafter;

c. All structural alterations or relocations of existing structures occurring hereafter; and

d. All enlargements of, additions to, changes in, and relocations of existing uses occurring hereafter.

Existing structures and uses that comply with the regulations of this Zoning Ordinance are subject to all applicable regulations of this Zoning Ordinance.

Existing structures and uses that do not comply with the regulations of this Zoning Ordinance may be allowed to continue subject to the provisions of Section 1.03 related to nonconformities.

C. General Prohibition. No structure, no use of any structure or land, and no lot of record now or hereafter existing can hereafter be established, altered, moved, diminished, divided, eliminated, or maintained in any manner except in conformity with the provisions of this Zoning Ordinance.

D. Private Agreements. This Zoning Ordinance is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, or other private agreement or legal relationship; provided, however, that where the regulations of this Zoning Ordinance are more restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements or legal relationships, the regulations of this Zoning Ordinance govern.

E. Existing Special Exceptions and Variances. 1. Development in accordance with an approved Special Exception or Variance must meet the requirements of this Zoning Ordinance. In the event of a conflict between an approved Special Exception or Variance and the requirements of this Zoning Ordinance, development in accordance with the requirements of the Special Exception or Variance are permitted, provided such approval remains valid.

Any lawfully existing use that becomes a Special Exception or Minor Special Exception use in the zoning district in which it is located is deemed to have Special Exception or Minor Special Exception approval, as applicable. Expansion or relocation of such use requires a new Special Exception or Minor Special Exception approval, as applicable.

F. Zoning Permits Issued Prior to Effective Date. 1. Right to Complete Construction Pursuant to Approved Plans. Nothing in this Zoning Ordinance requires any change in the plans, construction, or designated use of any structure in the event that:

a. A Zoning Permit for such structure was lawfully issued or a final Site Plan or Subdivision plat was lawfully approved prior to the effective date of this Zoning Ordinance, or any amendment thereof;

b. Such permit or approval had not by its own terms expired prior to such effective date; and

c. Construction pursuant to such permit or approval is commenced prior to the expiration of such permit or approval.

Right to Occupy as Nonconformity. Upon completion pursuant to Section 1.02.F.1, such structure may be occupied by, and a Certificate of Occupancy must be issued for, the use designated on such permit, subject thereafter to the provisions of Section 1.03 relating to nonconformities.

G. Pending Applications. This Zoning Ordinance, or any amendment thereof, applies to all applications pending as of the effective date, except as otherwise provided herein or by the Code of Virginia. The Board of Supervisors may establish grandfathering provisions in a resolution adopted contemporaneously with this Zoning Ordinance or any amendment.

H. Provisions Declared Invalid. The provisions of this Zoning Ordinance are deemed separate and independent in accordance with the following rules:

If any court of competent jurisdiction adjudges any provision of this Zoning Ordinance to be invalid, such judgment does not affect any other provisions of this Zoning Ordinance; or

If any court of competent jurisdiction adjudges invalid the application of any provision of this Zoning Ordinance to a particular property, building, or structure, such judgment does not affect the application of said provision to any other property, building, or structure.

I. Conflicting Provisions. In administration, interpretation, and enforcement, the provisions of this Zoning Ordinance are the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. Whenever any provision of this Zoning Ordinance imposes a greater requirement or a higher standard than is required in any Virginia Commonwealth or Federal Statute or other County ordinance or regulation, the provision of this Zoning Ordinance governs. Whenever any provision of any Virginia Commonwealth or Federal statute or other County ordinance or regulation imposes a greater requirement or a higher standard than is required by this Zoning Ordinance, the provision of such Virginia Commonwealth or Federal statute or other County ordinance or regulation governs. In the event that administration or enforcement of a provision of this Zoning Ordinance in a particular context or circumstance would violate an applicable Virginia Commonwealth or Federal statute, the provision of such Virginia Commonwealth or Federal statue governs.

J. Proffered Conditions. The text of this Zoning Ordinance applies to any parcel covered by a previous grant of zoning with proffered conditions (i.e., proffers or proffer statement) pursuant to Code of Virginia § 15.2-2303, except where the imposition of the requirements of this Zoning Ordinance would be in conflict with a specific proffered condition, in which case, the proffered condition supersedes the requirements of this Zoning Ordinance.

K. Route 28 Transportation Improvement District. 1. Protections. Any commercially or industrially zoned property within the Route 28 Transportation Improvement District (Route 28 Tax District) that, as of the effective date of this Zoning Ordinance, is administered under the Loudoun County Zoning Ordinance as it existed on the date the Route 28 Tax District was established (commonly referred to as the 1972 Zoning Ordinance) will continue to be administered under the 1972 Zoning Ordinance pursuant to its current zoning district classification, including any previously approved Concept Development Plan and proffer statement and/or Special Exception, unless and until the owner of such property waives the Route 28 Tax District enabling legislation protections in accordance with Section 1.02.K.2. Applications for Zoning Modification, Zoning Concept Plan Amendment, proffer amendment, Special Exception, or Variance for any property administered under the 1972 Zoning Ordinance will continue to be processed under the procedures of the 1972 Zoning Ordinance, subject to any applicable requirements of the Code of Virginia.

Waiver of Protections. The owner of any commercially or industrially zoned property within the Route 28 Tax District that is administered under the 1972 Zoning Ordinance may elect to waive the protections of the Route 28 Tax District enabling legislation by pursuing and obtaining approval of a Zoning Map Amendment (ZMAP) or Zoning Conversion Route 28 Tax District (ZRTD) application. All ZMAP and ZRTD applications will be processed in accordance with the procedures and other regulations of this Zoning Ordinance.

Prior Waivers and Legislative Approvals. Any commercially or industrially zoned property within the Route 28 Tax District that is no longer administered under the 1972 Zoning Ordinance because it has been the subject of either:

a. An approved ZMAP or ZRTD application; or

b. A prior election to waive the protections of Route 28 Tax District enabling legislation made in accordance with former Sections 1-103 (N)(2) or 4-2902 of the Zoning Ordinance,

may be developed in accordance with any applicable vested rights accruing to such property in accordance with Code of Virginia § 15.2-2307 or 15.2-2303.B and otherwise will be administered under this Zoning Ordinance.

L. Vested Rights Not Impaired. Code of Virginia § 15.2-2307. Nothing in this Zoning Ordinance is intended to impair nor must be interpreted or construed as impairing:

Any applicable vested rights to develop property in accordance with a prior land development approval or written determination, as prescribed in Code of Virginia § 15.2-2307 or 15.2-2303.B; or

Legal rights of a Route 28 Tax District property owner under Code of Virginia § 15.2-4603.C.

Determinations of such rights may be requested from the Zoning Administrator, in accordance with the procedures prescribed in Section 10.02 of this Zoning Ordinance.

M. Approved Subdivisions and Site Plans. Nothing in this Zoning Ordinance interferes with the terms of validity of any subdivisions or Site Plans as provided by the Code of Virginia.

N. Condominium Development. Notwithstanding Section 3.01.F, single-family detached dwelling or single-family attached dwelling condominium development is subject to the District Dimensional Standards specified for the zoning district in which the condominium development is located as if lot lines existed or as if each condominium ownership unit was located on its own lot, and subject to the same Transportation (Section 7.07) regulations as dwelling units located on individual lots, in the same manner as such standards and regulations apply to a physically identical project or development under a different form of ownership.

O. Effective Date. This Zoning Ordinance becomes effective upon its adoption. Any Zoning Ordinance amendment becomes effective upon its adoption.

Effective on: 1/1/1901

1.03 Nonconformities

1.03.01 General Requirements A. Continuation. Any lawful use, structure, or lot existing on the effective date of this Zoning Ordinance, or any amendment thereto, that does not conform to the requirements of this Zoning Ordinance may be continued, subject to the provisions of this Section 1.03.

B. Change of Tenancy or Ownership. A nonconforming use, structure, or lot may be transferred, sold, leased, or otherwise conveyed, and the new owner, tenant, or occupant may continue the nonconforming use, structure, or lot subject to the provisions of this Section 1.03.

C. Change of Use. A nonconforming use may be changed to another nonconforming use only upon approval of a Special Exception pursuant to Section 10.11.01, provided the Zoning Administrator determines that the new use is equally or more conforming to the character of the zoning district than the existing nonconforming use.

D. Abandonment or Discontinuance. A nonconforming use that is abandoned or discontinued for a period of 12 consecutive months must not be resumed§, and any subsequent use must conform to the regulations of the zoning district in which it is located.

E. Supersession by Permitted Use. When any nonconforming use is superseded by a permitted use, the use must thereafter conform to the regulations for the zoning district, and no nonconforming use may thereafter be resumed.

F. Conversion Condominium. Pursuant to Code of Virginia § 55.1-1905.E, a proposed conversion condominium that does not conform to zoning, land use, or Site Plan regulations must obtain Special Exception approval pursuant to Sections 10.11.01 and 10.11.10 prior to such property becoming a conversion condominium.

G. Reduced Buffers, Setbacks, and Yards due to Highway Realignment or Condemnation. 1. Any use on a lot that has had its buffers, setbacks, or yards reduced through condemnation or realignment of a Federal or State highway to less than the requirements of the Zoning Ordinance is considered a nonconforming use subject to the provisions set forth in Section 1.03.02.G.

The lost or reduced buffer need not be replaced as long as the use existing at the time of the loss or reduction is maintained.

When the use changes to a different use permitted in the zoning district and that use requires a buffer width greater than the previously existing use: a. The owner has the option to provide new or additional plantings in the existing reduced width if the Zoning Administrator determines that the resulting buffer will provide equivalent buffering effect to one that would be required according to zoning district standards, except for the reduced width.

b. In the event that the remaining buffer is less than 50% of the required width, the owner has the option to provide a buffer in an alternate location of choice if the Zoning Administrator determines it will achieve the intended buffering effect.

When the Zoning Administrator determines that the buffers proposed in accordance with Section 1.03.02.G do not provide adequate buffering, the owner must seek approval of a Minor Special Exception pursuant to Section 10.11.02 to change the use.

Effective on: 1/1/1901

1.03.02 Nonconforming Uses A. Continuation. Any lawful nonconforming use existing on the effective date of this Zoning Ordinance, or any amendment thereto, may be continued, subject to the provisions of this Section 1.03.02.

B. Expansion or Enlargement. A nonconforming use must not be expanded, enlarged, extended, or intensified, except as follows:

The expansion, enlargement, or extension is confined to the area of the lot occupied by the nonconforming use on the date the use became nonconforming;

The expansion, enlargement, or extension does not increase the degree of nonconformity; and

The expansion, enlargement, or extension is approved as a Special Exception pursuant to Section 10.11.01.

C. Change of Use. A nonconforming use may be changed to another nonconforming use only upon approval of a Special Exception pursuant to Section 10.11.01, provided the Zoning Administrator determines that the new use is equally or more conforming to the character of the zoning district than the existing nonconforming use.

D. Abandonment or Discontinuance. A nonconforming use that is abandoned or discontinued for a period of 12 consecutive months must not be resumed, and any subsequent use must conform to the regulations of the zoning district in which it is located.

E. Supersession by Permitted Use. When any nonconforming use is superseded by a permitted use, the use must thereafter conform to the regulations for the zoning district, and no nonconforming use may thereafter be resumed.

F. Conversion Condominium. Pursuant to Code of Virginia § 55.1-1905.E, a proposed conversion condominium that does not conform to zoning, land use, or Site Plan regulations must obtain Special Exception approval pursuant to Sections 10.11.01 and 10.11.10 prior to such property becoming a conversion condominium.

G. Reduced Buffers, Setbacks, and Yards due to Highway Realignment or Condemnation. 1. Any use on a lot that has had its buffers, setbacks, or yards reduced through condemnation or realignment of a Federal or State highway to less than the requirements of the Zoning Ordinance is considered a nonconforming use subject to the provisions set forth in Section 1.03.02.G.

The lost or reduced buffer need not be replaced as long as the use existing at the time of the loss or reduction is maintained.

When the use changes to a different use permitted in the zoning district and that use requires a buffer width greater than the previously existing use: a. The owner has the option to provide new or additional plantings in the existing reduced width if the Zoning Administrator determines that the resulting buffer will provide equivalent buffering effect to one that would be required according to zoning district standards, except for the reduced width.

b. In the event that the remaining buffer is less than 50% of the required width, the owner has the option to provide a buffer in an alternate location of choice if the Zoning Administrator determines it will achieve the intended buffering effect.

When the Zoning Administrator determines that the buffers proposed in accordance with Section 1.03.02.G do not provide adequate buffering, the owner must seek approval of a Minor Special Exception pursuant to Section 10.11.02 to change the use.

Effective on: 1/1/1901

1.03.03 Nonconforming Structures A. Replace, Repair, or Reconstruction. Replacement, repairs (including structural repairs), restoration, and maintenance may be made to a nonconforming structure.§

Except for structures located within the Floodplain Overlay District (FOD) pursuant to Section 5.03, the owner may replace or repair a nonconforming structure, provided the structure is:

a. A legally nonconforming mobile or manufactured home removed by the owner for the purpose of replacement with a comparable manufactured home that meets current United States Department of Housing and Urban Development (HUD) manufactured housing code; or

b. Damaged or destroyed by a casualty or event beyond the owner's reasonable control; and

c. The degree of nonconformity is not increased; and

d. Permits are obtained and construction is completed within 2 years of the removal or destructive event. An additional 2 years, for a total of 4 years, is granted if the destruction was due to a federally declared disaster.

A replacement structure must occupy the same footprint of the replaced, damaged, or destroyed nonconforming structure unless the new footprint complies with the setback requirements of this Zoning Ordinance.

Replacement of the nonconforming structure cannot include increased floor area either through an expanded footprint or additional height or stories.

B. Nonresidential Alteration or Enlargement. A nonconforming structure must not be enlarged, increased, nor extended to occupy a greater area of land than was occupied on the date the structure became nonconforming, except when such improvements do not increase the degree of nonconformity to any of the standards provided in Section 7.01.

C. Residential Alteration or Enlargement. Nonconforming residential structures may expand up to 50% of the existing square footage§ at the time the residential use became nonconforming, provided the setbacks that applied at the time the residential use became nonconforming are maintained.

D. Structure Moving. A nonconforming structure cannot be moved, in whole or in part, to any other location on or off the property unless every portion of such structure and its use is brought into conformity with all requirements of the Zoning Ordinance and the Codified Ordinances of Loudoun County.§

E. Road Corridor and Setbacks. Dwellings and their accessory structures built before June 16, 1993, may encroach into the Road Corridor Setbacks of Table 7.04.02-1§, provided the accessory structure does not encroach any closer to the front property line than the dwelling.

F. Removal of Signs. Pursuant to Code of Virginia § 15.2-2307.G, the County may order the removal of an abandoned, nonconforming sign.§

For the purposes of this Section 1.03, a sign is abandoned if the business for which the sign was installed has not been in operation for a minimum of 24 months§.

After the 24-month period, the sign must be removed by the property owner, upon notification by the County. a. The Zoning Administrator must send a notice to the property owner that must satisfy the following criteria:

Be sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books;

Provide a timeframe of no less than 30 days for the removal of the abandoned sign by the owner;

Explain the consequence of the owner's failure to remove the abandoned sign as described in Section 1.03.03.F.2.b; and

Include the process for filing an appeal.

b. If the owner fails to remove the sign as specified in the notice provided pursuant to Section 1.03.03.F.2.a:

The County through its own agents or employees may enter the property upon which the sign is located and remove it; and

The cost of such removal will be charged to the owner.

G. Historic Structures. 1. Eligibility. To be considered historic for purposes of this section a structure must be identified as a historic resource.

Expansion. Expansion or enlargement of nonconforming historic structures must comply with Section 4.09.C.1, and is permitted to:

a. Expand in conformance with adaptive reuse incentives of Section 4.09.E; or

b. Exceed required lot coverage and floor area ratio requirements up to 15%§ and be exempt from:

Minimum lot area;

Road setback and front yard requirements provided the degree of nonconformity does not increase; and

Side and rear yard requirements.

Use. Nonconforming historic structures may be used in accordance with Section 4.09.D.

Effective on: 1/1/1901

1.03.04 Nonconforming Lots A. Establishment of Nonconforming Lots Prohibited. A lot may be established only if such lot conforms with all requirements of the Zoning Ordinance except as follows:

A lot created in conformity with Section 1.03.03.G;

A lot that is created by the subdivision of a previously existing, split-zoned lot along the existing zoning district line that meets all applicable Zoning Ordinance requirements except lot area;

A lot created for use by: a. Loudoun Water;

b. Virginia Department of Transportation (VDOT);

c. Municipal utilities;

d. Public utilities as defined by Code of Virginia § 56-232; or

e. Public service corporations defined by Code of Virginia § 56-1 and meeting the requirements of Section 4.07.04 Public Utilities; or

A lot, outlot is as designated on a subdivision plat as open space. No habitable structures may be built upon a lot, outlot.

B. Use. Nonconforming lots may be used for any use permitted in the zoning district in which the lot is located, provided:

The only nonconformity is to the lot requirements; and

The minimum lot size for the use provided in Chapter 4 does not exceed the minimum lot size of the zoning district.§

C. Boundary Line Adjustments. Pursuant to the Land Subdivision Development Ordinance, boundary line adjustments between nonconforming lots or between a conforming and a nonconforming lot are permitted provided the boundary line adjustment satisfies any of the following conditions:

The degree of nonconformity for any lot resulting from such boundary line adjustment is not increased due to such adjustment;

It makes it possible to rectify a septic system or well failure by providing space for a replacement septic system or well that meets all standards;

It incorporates acreage into a lot that is subject to a permanent conservation easement, with the new acreage added to the protected easement area;

It allows any existing nonconforming lot to meet the 20-acre minimum lot size in the AR-1 Zoning District or the 40-acre minimum lot size in the AR-2 Zoning District;

It allows for boundary line agreements to correct survey inconsistencies; or

In the AR-1 and AR-2 Zoning Districts, no lot may be decreased to less than 80,000 square feet.§

D. Reduced Lot Area Due to Highway Realignment or Condemnation. 1. Any lot that has been reduced in size, through condemnation or realignment of a Federal or State highway, to an area less than that required by the Zoning Ordinance is considered a nonconforming lot subject to the provisions of Section 1.03.04.B.

Any lawful use or structure existing at the time of such highway realignment or condemnation proceedings that would thereafter no longer be permitted under the terms of the Zoning Ordinance due to the reduction in lot area to less than that required in the zoning district must be considered a nonconforming use or structure and subject to the provisions of Section 1.03.

Effective on: 1/1/1901

1.04 Interpretation of Zoning Ordinance A. Provisions are Minimum Requirements. In their administration, interpretation, and enforcement, the provisions of this Zoning Ordinance are the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare, as set forth in the provisions hereof establishing the intent and purpose of this Zoning Ordinance in general and its various sections in particular.

B. Interpretation of Terms. For the purpose of this Zoning Ordinance, certain words and terms are to be interpreted as follows:

Words used in the present tense include the future tense;

Words used in the singular include the plural, and words used in the plural include the singular;

The word "shall" is mandatory and not discretionary;

The word "may" is permissive;

The word "person" includes an individual, corporation, partnership, incorporated association, or any other similar entity;

The word "used" or "occupied" includes the words "intended, designed, maintained, or arranged to be used or occupied";

The word "lot" includes the words "plot" or "parcel";

The word "structure" includes the word "building";

The word "zoning ordinance" includes the "Loudoun County Zoning Ordinance";

The word "county" means the County of Loudoun, Virginia;

The word "board" means the Board of Supervisors of Loudoun County;

The word "plan commission" means the Planning Commission of Loudoun County;

The word "zoning administrator" means the Zoning Administrator of Loudoun County or designee;

The word "board of zoning appeals" means the Board of Zoning Appeals of Loudoun County;

Any word or term not defined in Chapter 12 (Definitions) or in the Code of Virginia shall have the meaning given in common usage; and

Any word or term defined in the Code of Virginia shall have the meaning given in the Code of Virginia unless otherwise defined in this Zoning Ordinance.

C. Computation of Time. In computing any period of time prescribed or allowed by this Zoning Ordinance, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or a legal holiday.

D. References to Other Chapters or Sections. References to other chapters or sections of this Zoning Ordinance are to the chapters or sections of this Zoning Ordinance as amended from time to time, unless otherwise expressly stated.

E. References to Other Laws or Regulations. References to the Code of Virginia, the Codified Ordinances of Loudoun County, or other laws or regulations are to such laws or regulations as amended from time to time, unless otherwise expressly stated.

F. Captions and Headings. Captions and headings in this Zoning Ordinance are for convenience only and are not to be used in interpreting the provisions of this Zoning Ordinance.

G. Maps and Tables. Maps and tables are a part of this Zoning Ordinance to the same extent as if set forth in full in the text.

H. Severability. If any provision of this Zoning Ordinance is held invalid by a court of competent jurisdiction, such invalidity does not affect the remaining provisions of this Zoning Ordinance.

Effective on: 1/1/1901

1.05 Interpretation of Map and District Boundaries A. Zoning Map. The boundaries of the zoning districts established by this Zoning Ordinance are shown on the official zoning map, which is a part of this Zoning Ordinance. The official zoning map is on file in the office of the Zoning Administrator.

B. District Boundaries. The following rules apply to the interpretation of district boundaries on the official zoning map:

Boundaries indicated as approximately following the centerlines of streets, highways, or alleys are construed to follow such centerlines;

Boundaries indicated as approximately following platted lot lines are construed to follow such lot lines;

Boundaries indicated as approximately following city limits or county boundaries are construed to follow such city limits or county boundaries;

Boundaries indicated as approximately following railroad lines are construed to follow the centerline of the railroad right-of-way;

Boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes, or other bodies of water are construed to follow such centerlines;

Boundaries indicated as approximately following ridgelines or other topographic features are construed to follow such ridgelines or topographic features;

Where a district boundary divides a lot, the location of the boundary is determined by the use of the scale of the official zoning map; and

Where a district boundary is not clearly indicated by any of the above rules, the Zoning Administrator is authorized to interpret the boundary, subject to appeal to the Board of Zoning Appeals.

C. Vacation of Public Ways. Whenever any street, alley, or other public way is vacated by official action of the Board of Supervisors, the zoning district boundaries adjoining each side of such street, alley, or other public way are extended to the centerline of the vacated public way, and all area thus added to the adjoining districts is subject to the regulations of the respective districts.

D. Annexation. Whenever any land is annexed to an incorporated town, the zoning district boundaries of the county are adjusted to reflect the annexation, and the annexed land is subject to the zoning regulations of the town.

Effective on: 1/1/1901

CHAPTER 2

Zoning Districts

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CHAPTER 3

Uses

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CHAPTER 4

Use-Specific Standards

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CHAPTER 5

Overlay Districts

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CHAPTER 6

Natural and Environmental Resources

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CHAPTER 7

Development Standards

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CHAPTER 8

Signs

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CHAPTER 9

Attainable Housing

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CHAPTER 10

Procedures

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CHAPTER 11

Officials, Boards, and Commissions

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CHAPTER 12

Definitions

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Appendices

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Amendment History

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Table

Loudoun County Unincorporated City Zoning Code

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1.03 General Provisions (Continued)#

1.03.01 General Requirements#

Purpose. Nonconforming uses, structures, and lots are incompatible with the Zoning Ordinance and the desired character of the County. As such, they are authorized to continue only under the circumstances provided in Section 1.03 until they are discontinued, removed, or changed to conform to the Zoning Ordinance. The purpose is to:

  • Regulate and limit the development and continued existence of uses, structures, and lots legally established that do not conform to the requirements of the Zoning Ordinance;
  • Meet the desired character of the County by improving nonconformities to a conforming status or otherwise eliminating the nonconformity;
  • Permit the continued existence and improvement of certain historic resources; and
  • Provide for the removal of nonconforming status through Special Exception approval by the Board of Supervisors.

A. Applicability. Section 1.03 applies to any nonconforming use, structure, or lot that was legally established but has become nonconforming due to:

  1. The adoption of the Zoning Ordinance;
  2. Any subsequent reclassification of zoning districts; or
  3. Other amendment to the Zoning Ordinance.

B. Removal of Nonconforming Status. The Board of Supervisors may deem a nonconforming use, structure, or lot to be in compliance with the requirements of the Zoning Ordinance through approval of a Special Exception pursuant to Section 10.11.01.

Effective on: 1/1/1901

1.03.02 Nonconforming Uses#

A. Principal Use.

  1. The protections and provisions of this section are only provided to nonconforming uses that are a principal use of the property or to parking as an on-site accessory use or structure.
  2. An accessory use cannot become a nonconforming principal use.

B. Expansion. A nonconforming use cannot be expanded or extended beyond the floor area or portion of the lot area that it occupied on the date the use became nonconforming.

C. Residential Expansion. Equivalent expansion of nonconforming residential uses is permitted when a nonconforming structure is expanded pursuant to Section 1.03.03.C.

D. Discontinuance.

  1. If a nonconforming use is discontinued for a continuous period of more than 2 years at any time since becoming nonconforming, then that use cannot be renewed or reestablished.
  2. Any subsequent use of the lot or structure must be in conformance with the Zoning Ordinance.

E. Change.

  1. A nonconforming use may be changed to another nonconforming use only by approval of a Special Exception pursuant to Section 10.11.01.
  2. When any nonconforming use is superseded by a permitted use, the use must thereafter conform to the regulations for the zoning district, and no nonconforming use may thereafter be resumed.

F. Conversion Condominium. Pursuant to Code of Virginia § 55.1-1905.E, a proposed conversion condominium that does not conform to zoning, land use, or Site Plan regulations must obtain Special Exception approval pursuant to Sections 10.11.01 and 10.11.10 prior to such property becoming a conversion condominium.

G. Reduced Buffers, Setbacks, and Yards due to Highway Realignment or Condemnation.

  1. Any use on a lot that has had its buffers, setbacks, or yards reduced through condemnation or realignment of a Federal or State highway to less than the requirements of the Zoning Ordinance is considered a nonconforming use subject to the provisions set forth in Section 1.03.02.G.
  2. The lost or reduced buffer need not be replaced as long as the use existing at the time of the loss or reduction is maintained.
  3. When the use changes to a different use permitted in the zoning district and that use requires a buffer width greater than the previously existing use: a. The owner has the option to provide new or additional plantings in the existing reduced width if the Zoning Administrator determines that the resulting buffer will provide equivalent buffering effect to one that would be required according to zoning district standards, except for the reduced width. b. In the event that the remaining buffer is less than 50% of the required width, the owner has the option to provide a buffer in an alternate location of choice if the Zoning Administrator determines it will achieve the intended buffering effect.
  4. When the Zoning Administrator determines that the buffers proposed in accordance with Section 1.03.02.G do not provide adequate buffering, the owner must seek approval of a Minor Special Exception pursuant to Section 10.11.02 to change the use.

Effective on: 1/1/1901

1.03.03 Nonconforming Structures#

A. Replace, Repair, or Reconstruction. Replacement, repairs (including structural repairs), restoration, and maintenance may be made to a nonconforming structure.

  1. Except for structures located within the Floodplain Overlay District (FOD) pursuant to Section 5.03, the owner may replace or repair a nonconforming structure, provided the structure is: a. A legally nonconforming mobile or manufactured home removed by the owner for the purpose of replacement with a comparable manufactured home that meets current United States Department of Housing and Urban Development (HUD) manufactured housing code; or b. Damaged or destroyed by a casualty or event beyond the owner's reasonable control; and c. The degree of nonconformity is not increased; and d. Permits are obtained and construction is completed within 2 years of the removal or destructive event. An additional 2 years, for a total of 4 years, is granted if the destruction was due to a federally declared disaster.
  2. A replacement structure must occupy the same footprint of the replaced, damaged, or destroyed nonconforming structure unless the new footprint complies with the setback requirements of this Zoning Ordinance.
  3. Replacement of the nonconforming structure cannot include increased floor area either through an expanded footprint or additional height or stories.

B. Nonresidential Alteration or Enlargement. A nonconforming structure must not be enlarged, increased, nor extended to occupy a greater area of land than was occupied on the date the structure became nonconforming, except when such improvements do not increase the degree of nonconformity to any of the standards provided in Section 7.01.

C. Residential Alteration or Enlargement. Nonconforming residential structures may expand up to 50% of the existing square footage at the time the residential use became nonconforming, provided the setbacks that applied at the time the residential use became nonconforming are maintained.§

D. Structure Moving. A nonconforming structure cannot be moved, in whole or in part, to any other location on or off the property unless every portion of such structure and its use is brought into conformity with all requirements of the Zoning Ordinance and the Codified Ordinances of Loudoun County.

E. Road Corridor and Setbacks. Dwellings and their accessory structures built before June 16, 1993, may encroach into the Road Corridor Setbacks of Table 7.04.02-1, provided the accessory structure does not encroach any closer to the front property line than the dwelling.§

F. Removal of Signs. Pursuant to Code of Virginia § 15.2-2307.G, the County may order the removal of an abandoned, nonconforming sign.

  1. For the purposes of this Section 1.03, a sign is abandoned if the business for which the sign was installed has not been in operation for a minimum of 24 months.
  2. After the 24-month period, the sign must be removed by the property owner, upon notification by the County. a. The Zoning Administrator must send a notice to the property owner that must satisfy the following criteria:
    1. Be sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books;
    2. Provide a timeframe of no less than 30 days for the removal of the abandoned sign by the owner;
    3. Explain the consequence of the owner's failure to remove the abandoned sign as described in Section 1.03.03.F.2.b; and
    4. Include the process for filing an appeal. b. If the owner fails to remove the sign as specified in the notice provided pursuant to Section 1.03.03.F.2.a:
    5. The County through its own agents or employees may enter the property upon which the sign is located and remove it; and
    6. The cost of such removal will be charged to the owner.

G. Historic Structures.

  1. Eligibility. To be considered historic for purposes of this section a structure must be identified as a historic resource.
  2. Expansion. Expansion or enlargement of nonconforming historic structures must comply with Section 4.09.C.1, and is permitted to: a. Expand in conformance with adaptive reuse incentives of Section 4.09.E; or b. Exceed required lot coverage and floor area ratio requirements up to 15% and be exempt from:
    1. Minimum lot area;
    2. Road setback and front yard requirements provided the degree of nonconformity does not increase; and
    3. Side and rear yard requirements.
  3. Use. Nonconforming historic structures may be used in accordance with Section 4.09.D.

Effective on: 1/1/1901

1.03.04 Nonconforming Lots#

A. Establishment of Nonconforming Lots Prohibited. A lot may be established only if such lot conforms with all requirements of the Zoning Ordinance except as follows:

  1. A lot created in conformity with Section 1.03.03.G;
  2. A lot that is created by the subdivision of a previously existing, split-zoned lot along the existing zoning district line that meets all applicable Zoning Ordinance requirements except lot area;
  3. A lot created for use by: a. Loudoun Water; b. Virginia Department of Transportation (VDOT); c. Municipal utilities; d. Public utilities as defined by Code of Virginia § 56-232; or e. Public service corporations defined by Code of Virginia § 56-1 and meeting the requirements of Section 4.07.04 Public Utilities; or
  4. A lot, outlot is as designated on a subdivision plat as open space. No habitable structures may be built upon a lot, outlot.

B. Use. Nonconforming lots may be used for any use permitted in the zoning district in which the lot is located, provided:

  1. The only nonconformity is to the lot requirements; and
  2. The minimum lot size for the use provided in Chapter 4 does not exceed the minimum lot size of the zoning district.

C. Boundary Line Adjustments. Pursuant to the Land Subdivision Development Ordinance, boundary line adjustments between nonconforming lots or between a conforming and a nonconforming lot are permitted provided the boundary line adjustment satisfies any of the following conditions:

  1. The degree of nonconformity for any lot resulting from such boundary line adjustment is not increased due to such adjustment;
  2. It makes it possible to rectify a septic system or well failure by providing space for a replacement septic system or well that meets all standards;
  3. It incorporates acreage into a lot that is subject to a permanent conservation easement, with the new acreage added to the protected easement area;
  4. It allows any existing nonconforming lot to meet the 20-acre minimum lot size in the AR-1 Zoning District or the 40-acre minimum lot size in the AR-2 Zoning District;
  5. It allows for boundary line agreements to correct survey inconsistencies; or
  6. In the AR-1 and AR-2 Zoning Districts, no lot may be decreased to less than 80,000 square feet.

D. Reduced Lot Area Due to Highway Realignment or Condemnation.

  1. Any lot that has been reduced in size, through condemnation or realignment of a Federal or State highway, to an area less than that required by the Zoning Ordinance is considered a nonconforming lot subject to the provisions of Section 1.03.04.B.
  2. Any lawful use or structure existing at the time of such highway realignment or condemnation proceedings that would thereafter no longer be permitted under the terms of the Zoning Ordinance due to the reduction in lot area to less than that required in the zoning district must be considered a nonconforming use or structure and subject to the provisions of Section 1.03.

Effective on: 1/1/1901