City of Fredericksburg, VA SECTION 72-61 Nonconformities, Generally

72-61.1 Continuation.

Land, buildings, structures (including signs), and the lawful uses thereof, in use as of October 8, 2013, which do not conform to the zoning prescribed for the district in which they are situated, may lawfully be continued, only so long as:

A. The existing use or a more restrictive use continues;

B. The existing use is not discontinued for more than two years; and

C. The buildings or structures are maintained in their existing structural condition.

72-61.2 Exceptions.

Notwithstanding the foregoing, the following are exceptions to the restrictions of this Article, to the extent specified below:

A. A single-family dwelling, or addition thereto, for which a building permit was issued prior to October 8, 2013, which does not comply with the minimum yard requirements of the district in which it is situated.

B. Modifications to a building or structure, which consists of improvements necessary to provide handicapped accessibility.

C. Minor modifications of buildings or structures used for nonconforming uses, where such minor modifications meet the criteria specified in § 72-24.1C.

D. Building and structures authorized to be repaired, rebuilt or replaced following damage by casualty or act of God, subject to the provisions and requirements set forth within § 72-63.4.

E. Vacant nonconforming lots may be used, subject to the provisions of § 72-65.

F. The reconstruction of an existing electrical transmission line of less than 138 kilovolts, in substantial conformance with the existing transmission line, structures and appurtenances, within existing easements. This exception permits the replacement, upgrade, and modernization of existing transmission lines and supporting structures and appurtenances. The replacement of wooden structures with steel structures is permitted under this exception.

[Added 4-25-2017 by Ord. No. 17-03]

(1) The height of each proposed structure may increase from the height of the existing structure that it will replace, as follows:

(a) Existing structure equal to or less than 60 feet in height: up to 24%.

(b) Existing structure greater than 60 feet and less than 69 feet in height: up to 15%.

(c) Existing structure 69 feet or greater in height: up to 5%.

(2) The location of the new structures may vary from the existing locations by up to 60 feet longitudinally, so long as the new structures are located within existing easements. The applicant shall demonstrate that the project design and engineering conform to applicable federal and state laws and regulations. To qualify for this exception, the applicant shall hold a public informational meeting, after notice of the project and the route as follows: (1) publication once in a newspaper of general circulation in Fredericksburg: (2) written notice to the City Manager and City Attorney; (3) written notice to each owner of property within 300 feet of the proposed centerline. Notice sent by first class mail to the last known address of such owner as shown on the current real estate tax assessment books or current real estate tax assessment records shall be deemed adequate compliance with this requirement. The public notices shall be generally consistent in form with the requirements in Code of Virginia § 56-46.1B. The public information meeting shall be held during the six-month period immediately preceding the start of construction. The location of any new structures within the public rights-of-way shall be regulated by the City Manager under the appropriate franchise regulations.