Article 15

Other

• Building permit issued before zoning change

  Any building permit which was lawfully issued before the effective date of this ordinance or before any applicable amendment to this ordinance shall be deemed to authorize the construction of a building or structure in accordance with the requirements of the zoning ordinance existing at the time the permit was issued.

• Effect of change in occupancy or ownership

  A change in occupancy or ownership shall not affect such right to continue such use, building or structure.

• Conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. permit validity

  Where a conditional use permit has been issued to permit a particular use on a site before the effective date of this zoning ordinance or before the date of any applicable amendment to this ordinance, the permit shall be deemed to authorize the conditional use granted, unless the permit expires.

• Continuation of existing nonconformities

  Any lawful use, building or structure existing on the effective date of this ordinance or existing at the time of any amendment of this ordinance may be continued even though such use, building or structure does not conform with all of the requirements of this ordinance.

• Discontinuance of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use2 years

  If a lawful nonconforming use is discontinued for more than two (2) years, it shall be deemed to be abandoned.

• Conditions for expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. buildings

  A building or structure that is conforming as to use, but is nonconforming as to its structural and site dimensions may not be enlarged or structurally altered unless the enlargement or alteration itself meets all of the following criteria: ...

• Expiration of building permit for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. expansion2 years

  Any building permit issued under this section shall expire if the enlargement or alteration of the nonconforming building or structure is not completed within two years of the date the permit was issued.

• Extension of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use within existing building

  A lawful nonconforming use may be extended throughout any part of the building or structure in which it is located if the building or structure was manifestly arranged or designed for such use as of the effective date of this ordinance, provided that no structural alterations, except those required by law, may be made in such building, and no expansion of the building or structure may occur.

• Final site plan validity period5 years

  Any final site plan which was lawfully approved before the effective date of this ordinance or before any applicable amendment to this ordinance shall be valid for a period of not less than five (5) years from the date of approval.

• Exception for indoor toilet facilities

  When a nonconforming building lacks indoor toilet facilities, alteration of the building for the construction of such facilities shall be permitted, regardless of whether such construction increases the degree of nonconformity or whether the criteria in this section are met.

• Merger of contiguous lots under same ownership40 ft

  Contiguous lots under the same ownership that each have a lot width of less than forty (40) feet in residential zoning districts, except R-6 and R-SFA, and thirty seven (37) feet in lot width and less in the R-6 and R-SFA zoning districts shall be considered merged into one lot.

• Replacement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. mobile homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site.

  A mobile home determined to be a lawful nonconforming use may be replaced with a comparable manufactured housing unit that complies with the current Department of Housing and Urban Development Manufactured Housing Code, as amended, and the current provisions of the Virginia Uniform Statewide Building Code and does not, in the opinion of the zoning administrator, expand or increase the degree of nonconformity, or change the character of the lawful nonconforming use.

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. churches

  Lawfully nonconforming churches existing in those zoning districts in which churches are now a conditional use, other than the B-5 district, may be expanded in accordance with section 17-111 of this ordinance, except that signage must conform with the requirements of the zoning district in which the property is located. Lawfully nonconforming churches in the B-5 district may only be expanded with a conditional use permit.

• Use of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lots of record

  Any lot of record lawfully existing on the effective date of this zoning ordinance or of any applicable amendment to the ordinance, except as provided for merged lots in subsection E., which does not comply with the dimensional requirements established for the zoning district in which the lot is located may nevertheless be used in a manner consistent with the uses permitted for a lot which does comply; provided, however, that any such use, or building or structure housing such use, must comply with the development standards for lots in that zoning district.

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses generally prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  A lawful nonconforming use may not be enlarged or extended beyond the size, character and intensity of the use as it existed at the time that it became nonconforming, except as provided for in subsection B of this section.

• Preliminary site plan validity period5 years

  An approved preliminary site plan shall be valid for a period of five (5) years, provided that the developer submits a final site plan within three (3) years of such approval.

• Reconstruction footprint and storiesStoreysHabitable floor levels. Whether a basement or attic counts is defined by the local code.

  Such building shall only be reconstructed within the same foot print and with the same number of stories as existed immediately before the building became damaged to an extent exceeding fifty (50) percent of its assessed value, except as provided below.

• Reconstruction of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure damaged >50%50 pct

  A nonconforming building or structure or a building containing a nonconforming use which is damaged by any casualty, including dilapidation under the circumstances described in subsection B.4. above, to an extent exceeding fifty (50) percent of its assessed value, as calculated above, shall not be reconstructed unless the nonconforming building is a single-family or two-family dwelling, and as provided in section 15.2-2307 of the Code of Virginia for vested rights, in which event it may be reconstructed within two (2) years of such damage or longer period only as required by the Code of Virginia.

• Expansion limit for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. single-familySingle-family dwellingOne dwelling unit on its own lot, usually detached from its neighbours. or two-family dwellingTwo-family dwellingTwo dwelling units in one building — a duplex.1,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.

  A single-family detached or two-family residential dwelling and related accessory structures containing a lawfully nonconforming single-family or two-family residential use may be expanded to the setbacks required for the zoning district in which the dwelling is located if the adopted Land Use Plan designates the area in which the dwelling is located as residential as determined by the planning director or designee. No expansion shall exceed 1,000 square feet of gross floor area or the maximum lot coverage, whichever results in fewer square feet of expansion.

• Adjustment in number of storiesStoreysHabitable floor levels. Whether a basement or attic counts is defined by the local code. based on surrounding dwellings250 ft

  An owner may seek approval from the director of development and permits, or designee, for an adjustment in the number of stories provided that the director determines that the proposal is consistent with seventy-five (75) percent of the existing dwellings within two hundred fifty (250) linear feet of the subject property as measured from each side lot line.

• Subdivision of merged lots in R-6 and R-SFA37 ft

  Merged lots in the R-6 and R-SFA zoning districts may be subdivided or resubdivided to provide a minimum of thirty-seven (37) feet in lot width in accordance with the following: ...