Botetourt County Unincorporated

Nonconforming uses, structures, and lots regulations.

Any structure which existed on the date of adoption of this chapter which is nonconforming solely due to a setback or yard requirement imposed by this may be enlarged, increased, extended, repaired or replaced so long as any such improvements do not result in an increase in the degree of nonconformity.

Any structure which existed on the date of adoption of this chapter which is nonconforming solely due to a setback or yard requirement imposed by this may be enlarged, increased, extended, repaired or replaced so long as any such improvements do not result in an increase in the degree of nonconformity. No additional structure not conforming to the requirements of this chapter shall be erected.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs... to an extent not exceeding ten (10) percent of the current replacement cost...

If a nonconforming structure is damaged or destroyed by a natural disaster or other act of God... If such structure is damaged greater than 50 percent... Any restoration must be started and completed within twenty-four (24) months...

Any lot existing as a lot of record or approved as part of a preliminary subdivision plat prior to the time of adoption of this chapter and located within the FC, A-1, AR, R-1, R-2 or R-3 districts, is subject to the setback provisions of that district prior to the time of adoption of this chapter.

In any district, permitted structures may be erected on any single nonconforming lot of record, notwithstanding limitations imposed by other provisions of this chapter. Such lot of record must be in separate ownership from all undeveloped adjoining lots. No lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width or other requirements established by this chapter, nor shall any division be made which creates a lot with width or area below the requirements stated in this chapter.

In any district, permitted structures may be erected on any single nonconforming lot of record, notwithstanding limitations imposed by other provisions of this chapter. Such lot of record must be in separate ownership from all undeveloped adjoining lots.

Any lot existing as a lot of record or approved as part of a preliminary subdivision plat prior to the time of adoption of this chapter and located within the FC, A-1, AR, R-1, R-2 or R-3 districts, is subject to the setback provisions of that district prior to the time of adoption of this chapter.

No permitted principal or accessory building, structure or use, or building, structure or use permissible by special exception shall be constructed, reconstructed, moved, added to or structurally altered or otherwise allowed without a permit therefore issued by the building official and approved by the zoning administrator.

No permitted principal or accessory building, structure or use, or building, structure or use permissible by special exception shall be constructed, reconstructed, moved, added to or structurally altered or otherwise allowed without a permit therefore issued by the building official and approved by the zoning administrator. A zoning permit is required in all cases where a building permit is required.

A letter of temporary zoning approval may be issued by the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion.

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the building official.

Land may be used or occupied and buildings structurally altered or erected may be used or changed in use only after a certificate of occupancy has been issued by the building official.

A site plan shall be required for the following uses in the enumerated districts unless waived by the zoning administrator if the type, scale and/or location of the proposed development does not necessitate such plans: ... Exemptions: The lawful construction, alteration and occupancy of a single or two-family dwelling or mobile home, with or without a garage. Any lawful use, alteration or construction for agricultural or residential uses in district A-1, RR and district FC. Churches and schools in these districts shall file a site plan.

No person shall commence any use or erect any structure, including additions to existing structures, parking areas or other required site plan features, without first obtaining the approval of a site plan by the zoning administrator as set forth in this article. Exemptions: single or two-family dwelling or mobile home, with or without a garage; agricultural or residential uses in district A-1, RR and FC.

Every site plan shall be submitted to the zoning administrator in three identical copies on one or more sheets of paper measuring not more than 24 by 36 inches, drawn to a scale not smaller than 40 feet to the inch... The site plan shall show: boundary lines, grades, structures, natural features, streets, utilities, etc.

Every site plan shall be submitted to the zoning administrator in accordance with the applicable standards and regulations for site plans. In all respects, the site plan shall comply with all provisions of this chapter and other provisions of law.

If the zoning administrator determines that no agency review of a site plan is necessary, then within 60 days after the official date of submission of the site plan, the zoning administrator shall act on the application.

The zoning administrator shall determine within 10 days if the site plan and documents comply with the minimum submission requirements of this chapter. If deemed to be complete, the site plan is thereby officially accepted as of the date of receipt in the agent's office, which shall be called the 'official date of submission.'