Rappahannock County, VA Article VIII Nonconforming Uses

§ 170-72 Qualifications.

A. Any legally established uses existing prior to the effective date of this chapter, which are allowed within a particular zoning district as a special permit or a special exception use by the provisions of this chapter, shall not be deemed to be a nonconforming use in such district. However, excepting existing places of worship and schools, any subsequent replacement or enlargement of such use or of any building in which the same is conducted or the construction of any additional building for such use beyond the extent which existed prior to the effective date of this chapter shall require a special permit or special exception obtained in accordance with the provisions of this chapter. (Existing schools and existing places of worship may expand, remodel or rebuild, provided that such is on the existing lot and complies with all health, highway and building code requirements.)

B. Such special permit or special exception shall be approved only if the resulting use complies with the standards set forth in Article VI for the particular use in question.

§ 170-73 Continuation or enlargement.

Nonconforming uses may be continued and, upon obtaining a special exception from the Board in accordance with the provisions of Article VI, such use may be enlarged, subject to the following conditions:

A. Nonconforming uses may be enlarged to a total aggregate extent not to exceed 50% of the area of land occupied by such nonconforming use and to total aggregate extent not to exceed 50% of the gross floor area of the building in which such nonconforming use is conducted.

B. Structural alterations may be made in a building housing a nonconforming use set forth in Subsection A above, but only to a total aggregate extent not to exceed 50% of its current fair market value according to the records of the Commissioner of Revenue.

§ 170-74 General regulations.

A. Any nonconforming use may be extended to occupy any part of a building that was manifestly arranged or designed for such use at the time of the effective date of this chapter, but no such use shall be extended to occupy any land outside such building. Except as provided in § 170-73 above, no nonconforming use shall be extended to occupy a greater area of land than that occupied by such use prior to the effective date of this chapter.

B. Nothing in this article shall be deemed to prevent keeping in good repair a nonconforming building or a building in which a nonconforming use is conducted.

C. If any building in which a nonconforming use is conducted is hereafter removed, the subsequent use of land on which such building was located and the subsequent location and use of any building thereon shall be in conformity with the regulations specified by this chapter for the zoning district in which such land is located.

D. A nonconforming building or a building in which a nonconforming use is conducted that is damaged or destroyed by any casualty to any extent may be restored within two years after such destruction or damage but shall not be enlarged except as provided in § 170-73 above.

E. If any nonconforming use ceases for any reason for a continuous period of of two years or more, other than for reasons beyond the control of the owner of the property, except as provided in Subsection D above, or is changed to or replaced by a conforming use, the land and building thereupon shall be subject to all the regulations as to the use for the zoning district in which such land and building are located as if such nonconforming use had never existed.

F. No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

G. The rights pertaining to a nonconforming use or building shall be deemed to pertain to the use or building itself, regardless of the ownership of the land or building on or in which such nonconforming use is conducted.

H. All of the foregoing provisions relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing on the effective date of this chapter and to all uses and buildings that become nonconforming by reason of any amendment thereof. The provisions shall not apply, however, to any use established or building erected in violation of law, regardless of the time of establishment or erection.

§ 170-75 Nonconforming lots.

Any dwelling or other structure to be erected on a nonconforming lot shall in any case meet the yard requirements of this chapter. The BZA may consider granting a variance to these requirements only if adjacent lots are under separate ownership on the effective date of this chapter or the lot(s) have been legally approved and recorded prior to 1973.

§ 170-76 Nonconforming structures.

Structures which are nonconforming by reason of not meeting minimum yard requirements may be expanded in a minimum yard area where:

A. The addition encroaches on such yard a distance equal to or less than did the structure on the effective date of this chapter.

B. The area of the addition which encroaches on the minimum yard does not exceed 50% of the area encroaching on said yard on the effective date of this chapter.