Dimensional standards
Servicing
- Geographic extent
- Applies to residential districts for duplexTwo-family dwellingTwo dwelling units in one building — a duplex. dwellings existing prior to January 1, 2004.
Uses
Conditional / special use1
Extracted standards
6 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- No adverse impact
The use of the property as a duplex dwelling will not have an adverse impact on the neighborhood. In determining adverse impact, the Board of Zoning Appeals shall only consider the history of complaints substantiated by the City staff within the four years prior to the date of the application.
- Eligibility for special exception
The dwelling was being used as a duplex at the time the record owner making application for the special exception purchased the property. Properties transferred after September 1, 2017 and which are transferred from an owner creating the nonconformity shall not qualify for the special exception.
- Prior use requirement
The dwelling was used as a duplex prior to January 1, 2004 and the use as a duplex has continued without interruption for a period of more than two years thereafter.
- Revocation
The special exception may be revoked by the Board of Zoning Appeals upon a showing that the property has had three or more violations confirmed by City staff of any of the Virginia Uniform Statewide Building Code, the Virginia Statewide Fire Prevention Code, Chapter 12 of the City Code regarding nuisances, or the zoning ordinance regarding the number of unrelated persons permitted to reside in a dwelling unit, within a 12-month period measured backwards from the date of the most recent violation.
- Termination
The special exception shall terminate upon the cessation of the property's use as a duplex dwelling for two or more years.
- Transferability
The special exception shall run with the property. A nonconforming use permitted by the special exception may not be expanded.
From the ordinance
These regulations are established to allow duplex dwellings existing in residential districts prior to January 1, 2004 to continue to be used as duplex dwellings notwithstanding the owner's ability to demonstrate the existence of a legal nonconforming use, so long as the owner meets certain conditions.