Mathews County Unincorporated

A nonconforming structure, development or project to be extended or enlarged shall conform with all the provisions of this chapter; provided, however, that a single-family or two-family dwelling may be expanded consistent with the following provisions: (1) Such expansion shall occur along the existing nonconforming building setback line and extend no further than the existing footprint of the dwelling. (2) Such expansion shall be permitted only for those dwellings having certificates of occupancy issued on or prior to March 28, 2000 or to those dwellings constructed prior to the County establishing requirements for certificates of occupancy. (3) The Zoning Administrator may require a landscaped buffer or screen in those instances where an expansion or addition would be visible to adjacent properties. At a minimum, such landscaped buffer or screen shall consist of two staggered rows of evergreen shrub and/or tree species not less than six feet in height at the time of installation for a distance not less than the length or width of the expansion, whichever is greater.

If any nonconforming use, structure or activity is discontinued for a period exceeding two years after enactment of this chapter, it shall be deemed abandoned, and any subsequent use shall conform to the requirements of this chapter.

Any unimproved nonconforming lot of record at the time of the effective date of this chapter, or if the specific recorded lot is reconvened after the date of this chapter, such lot shall be considered as a lot of record. Said lot or parcel of record may be used as a building site provided the use proposed is a permitted use as established by this chapter and provided further the minimum requirements for setback (front yard), side and rear yards can be met. If such lot is of insufficient size to meet the minimum requirements of this chapter regarding setback, or side and rear yard requirements, the owner must request a variance from the Board of Zoning Appeals prior to improvement.

The Zoning Administrator shall have the authority to grant variances of 50% or less from any setback requirement contained in this chapter provided that the Zoning Administrator finds in writing that...

ACCESSORY USE — A subordinate use, customarily incidental to and subordinate to the principal use of the structure, and located upon the same lot occupied by the main use. Private sewage treatment systems shall be considered as accessory uses, buildings or structures and shall be permitted as a freestanding use on a vacant lot.

Except for fences, flag poles, mail and newspaper boxes, hunting blinds, dog pens and other noncommercial animal containment facilities ... and television and radio receiving antennas, it shall be unlawful to use land or structures or to alter or erect structures until a zoning permit (clearance) is obtained from the Zoning Administrator.

The governing body shall establish by resolution a schedule of fees, charges, expenses, and required materials, and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to this chapter.

A setback verification survey prepared by a Virginia licensed surveyor is required whenever any building or addition is being constructed within a Resource Protection Area (RPA) or within 10 feet of any front, rear, side or corner side setback; RPA boundary line; or tidal or non-tidal wetland.

If a building permit has not been acquired for the work described in any zoning permit within one year from the date of issuance thereof, said zoning permit shall expire.

Buildings or land may be used or occupied and buildings structurally altered or newly erected may be used or changed in use only after a certificate of occupancy, approved by the Administrator, has been issued by the Building Official.

Whenever these standards are at variance with the requirements of any other lawfully adopted statutes, rules, regulations or ordinances, the most restrictive, or that imposing the higher standards, shall govern.

Any development or redevelopment exceeding 2,500 square feet of land disturbance within the Overlay District shall be subject to the plan of development review and approval process...

The maximum height of a permitted data pole, including the antenna, shall not exceed 120 feet in height from grade. Telecommunications facility structures, with the exception of telecommunications towers, shall be set back a minimum of 50 feet from the edge of public rights-of-way in all zoning districts.

Telecommunication facilities/structures shall not be allowed in the following areas: ... Zoning districts: Conservation District (C).

Telecommunication facilities/structures shall not be allowed in the following areas: ... The Resource Protection Area (RPA) of the Chesapeake Bay Preservation Area Overlay District, unless approved by the Zoning Administrator through an administrative process.

Telecommunication facilities/structures shall not be allowed in the following areas: Historic sites, structures and districts. Tidal.

The following telecommunications facility structure(s) shall be permitted in the Rural District (RU), Residential-1 District (R-1), Business Districts (B-1 and B-2) and Industrial District (I): Alternative support structure. Data pole. ... only upon obtaining a conditional use permit from the Board of Supervisors: Telecommunications tower.

The following telecommunications facility structure(s) shall be permitted in the Rural District (RU), Residential-1 District (R-1), Business Districts (B-1 and B-2) and Industrial District (I): Alternative support structure. Data pole. ... only upon obtaining a conditional use permit from the Board of Supervisors: Telecommunications tower.

The parking of more than one inoperable motor vehicle, excluding farm vehicles, boat trailers and antique motor vehicles in operable condition within the eight zoning districts created by this chapter for a period of more than 60 continuous days shall be prohibited, unless such vehicle is stored within a fully enclosed building or structure or otherwise shielded or screened from view. ... A hedge or dense evergreen landscape planting not less than six feet high ... or an opaque masonry wall or treated wood fence ... of not less than six feet high.

To prevent a hardship where a structure or manufactured home has been destroyed by fire or by any other cause beyond the owner's control and a conditional use permit is required by this chapter to replace the same, the Zoning Administrator may approve the replacement of the structure or the manufactured home by the owner of the original structure or manufactured home.