A nonconforming building or structure may be changed, altered,
repaired, restored, replaced, relocated or expanded only in accordance
with the provisions of this article, and subject to the requirements
of this section.
A. Any change to a nonconforming building or structure, including alterations,
additions and expansions, shall be subject to the requirements of
§ 72-66.
B. No nonconforming building or structure shall be moved on the same
lot or to any other lot which is not properly zoned to permit such
nonconforming building or structure.
Routine maintenance necessary to keep a nonconforming building or structure in good repair, and to prevent unsafe conditions and deterioration of materials, shall not be deemed a change in the structural condition of the property, for purpose of §
72-61.1C.
[Amended 1-10-2017 by Ord. No. 16-28]
Minor alterations shall not be deemed a change in the structural condition of the property, for purposes of §
72-61.1C. Minor alterations are alterations that meet one or more of the following criteria:
A. The alterations consist of cosmetic modifications, interior renovations
and similar improvements to a nonconforming residential structure
and such alterations do not increase the land area occupied by any
portion of the nonconforming building or structure, and shall not
increase the gross floor area of any nonconforming building or structure.
B. The alterations do not increase the extent of the structure's nonconformity
with the minimum site or yard requirements of the zoning district.
C. The alterations consist of a substantially similar replacement of
an existing residential accessory building or structure, including,
but not limited to, a fence, storage shed, garage or swimming pool,
may be permitted and shall not be required to meet more restrictive
setbacks enacted since the date the accessory structure became nonconforming,
however, all other zoning regulations for the district in which the
accessory structure is located shall apply.
D. In areas
where form-based code requirements apply, alterations on sites that
do not meet the private frontage requirements are minor if:
[Added 6-8-2021 by Ord. No. 21-16]
(1) The
alteration consists of an addition to the rear of the structure and
does not increase the extent of the structure's nonconformity with
the minimum site or yard requirements of the zoning district;
(2) The
alteration consists of an addition to the front of the structure that
complies with the build-to zone requirements; or
(3) The
alteration consists of an addition to the front of side of the existing
building, is outside of the build-to zone, and does not exceed 15%
of the gross floor area of the existing structure.
A. Generally.
(1)
The owner of any nonconforming residential or commercial building
or structure that is damaged or destroyed by casualty, including a
natural disaster or other act of God, may repair, rebuild, or replace
without the need to obtain a variance, provided such restoration eliminates
or reduces the nonconforming features to the maximum extent possible
and such restoration is completed within two years of the date of
the casualty. For the purposes of this section, owners of property
damaged by an accidental fire have the same rights to rebuild such
property as if it were damaged by an act of God. Nothing herein shall
be construed to enable the property owner to commit an arson under
Code of Virginia, § 18.2-77 or 18.2-80, and obtain vested
rights under this section.
(2)
If such building or structure is damaged greater than 50% and
cannot be repaired, rebuilt or replaced except to restore it to its
original nonconforming condition, the owner shall have the right to
do so.
(3)
The owner shall apply for a building permit and any work done
to repair, rebuild or replace such building or structure shall be
in compliance with the provisions of the Virginia Uniform Statewide
Building Code and the City's floodplain regulations adopted as a condition
of participation in the National Flood Insurance Program.
(4)
For the purposes of this section, the terms "casualty" and "act
of God" shall each mean and refer to any natural disaster or phenomena
including a hurricane, tornado, storm, flood, high water, wind-driven
water, tidal wave, earthquake or fire caused by lightning or wildfire.
B. Disaster declaration. If the area is under a federal disaster declaration
and the building has been damaged or destroyed as a direct result
of the conditions that gave rise to the declaration, then an additional
two years is permitted to complete the restoration. For the purposes
of this article, "act of God," shall include any natural disaster
or phenomena, including a hurricane, tornado, storm, flood, high water,
wind-driven water, tidal wave, earthquake or fire caused by lightening
or wildfire. For the purposes of this article, owners of property
damaged by an accidental fire have the same rights to rebuild such
property as if it were damaged by an act of God.
A. If (i) the owner of the building or structure has obtained a building
permit, the building or structure was thereafter constructed in accordance
with the building permit, and upon completion of construction, the
owner of the building or structure obtained a certificate of occupancy
of a use permit therefor, or (ii) the owner of the building or structure
has paid taxes to the locality for such building or structure for
a period of more than the previous 15 years, the building or structure
is nonconforming, but such building or structure is not illegal and
shall not be removed solely due to such nonconformity. Such building
or structure shall be brought into compliance with the Virginia Uniform
Statewide Building Code, provided that to do so shall not affect the
nonconforming status of such building or structure.
[Amended 10-14-2014 by Ord. No. 14-36]
B. If an owner has obtained a permit, other than a building permit,
that authorized construction of an improvement to real property and
the improvement was thereafter constructed in accordance with such
permit, the improvements are nonconforming, but not illegal.
C. An owner of real property shall be permitted to replace an existing
on-site sewage system for any existing building in the same general
location on the property even if a new on-site sewage system would
not otherwise be permitted in that location, unless access to a public
sanitary sewer is available to the property. If access to a sanitary
sewer system is available, then the connection to such system shall
be required. Any new on-site system shall be installed in compliance
with applicable regulations of the Department of Health in effect
at the time of the installation.
D. Nothing in this section shall be construed to prevent the land owner
or home owner from removing a valid nonconforming manufactured home
from a mobile or manufactured home park and replacing that home with
another comparable manufactured home that meets the current HUD Manufactured
Housing Code. In such mobile or manufactured home park, a single-section
home may replace a single-section home and a multisection home may
replace a multisection home. The owner of a valid nonconforming mobile
or manufactured home not located in a mobile or manufactured home
park may replace that home with a newer manufactured home, either
single- or multisection, that meets the current HUD Manufactured Housing
Code. Any such replacement home shall retain the valid nonconforming
status of the prior home.
[Amended 2-28-2023 by Ord. No. 23-02]
For nonconforming structures in the Floodplain Overlay District, see §
72-34.3E.