Goochland County Unincorporated

The nonconforming structure cannot be enlarged or altered in a way which increases its nonconformity, but it may be altered to eliminate its nonconformity. If the nonconforming structure is moved for any reason and for any distance, it must thereafter conform to the zoning ordinance requirements.

When a nonconforming use of a structure or structure and property is discontinued or abandoned for more than two years (except when government action impedes access to the premises), the structure, or structure and property, can only be used thereafter in conformity with the zoning ordinance.

A public utility lot which is currently being used to provide utility service to multiple residences may, without losing prior nonconforming status, be increased in area solely to accommodate utility service improvements, provided the larger lot meets these design standards: Minimum setback of 15 feet from any public right-of-way, or at least equal to the setback of the existing well or other structure; Minimum yard setbacks of five feet, or at least equal to the setbacks of the existing well or other structure; and Well or other structure is adequately screened from adjacent residential uses.

For any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months for ordinary repairs or to repair or replace nonbearing walls, fixtures, wiring, or plumbing so long as the repairs or replacement do not exceed 25% of the value of the nonconforming structure as appraised by the county assessor. If any residential or commercial building is damaged or destroyed by a natural disaster, accidental fire, or other act of God, the owner may, without obtaining a variance, repair, rebuild, or replace the building to eliminate or reduce the nonconforming features to the extent possible. If the building is damaged greater than 50% and cannot be repaired, rebuilt, or replaced except to restore it to its original nonconforming condition, then owner has the right to do so, so long as any work to repair, rebuild, or replace the building is done in compliance with the Virginia Uniform Statewide Building Code, the provisions of the local flood plain regulations, and if the building is repaired, rebuilt, or replaced within two years from when it was damaged or destroyed. However, if the damaged or destroyed nonconforming building is located in an area under a federal disaster declaration and the damage or destruction was caused by the circumstance that was the cause for the declaration, then the owner has up to four years to repair, rebuild, or replace the building.

Fractional amounts of minimum requirements are rounded up to the closest whole number.

Rear yard setbacks are 55 feet for double frontage lots. Pipestems must be at least 50 feet wide.

Setbacks from a road access easement is a minimum of 35 feet... The required setback is the greater of 20 feet from the temporary turnaround easement... To be detached, it must have a five-foot setback from the main building...

Architectural features such as chimneys, eaves, awnings, bay windows, steps, or similar features may project up to three feet into a yard setback.

Parapet walls may rise up to six feet above the finished roof surface.

The area in lakes and ponds cannot exceed 50% of the required open space. Floodplain areas cannot exceed 25% of the total open space/common area.

The sight distance triangle is the triangular area bounded by the property lines and a third line connecting these lines 25 feet from their point of intersection. Within the sight distance triangle, nothing can be erected, placed, planted or allowed to grow which impedes vision between a height of 2.5 feet and 10 feet above grade.

If a tree is four inches or less in diameter, the tree caliper measurement is taken six inches above the ground. If the diameter is greater than four inches, the tree caliper measurement is taken at 12 inches above the ground.

Building permits are required as dictated by the Virginia Uniform Statewide Building Code.

Prior to use or occupancy, the zoning administrator must issue a zoning compliance certificate confirming that the proposed use of a structure or premises conforms with this ordinance.

For these uses, a conditional use permit is required. ... The following standards shall be used as guidelines by the planning commission and board of supervisors in acting upon conditional use permit applications:

If a rezoning, proffer condition amendment, or conditional use permit application is denied, a substantially similar application cannot be filed for 12 months from the date of denial.