§ 37.1-53. Nonconforming uses and noncomplying structures.

(a)

The lawful use of buildings or structures and land in conjunction with improvements which existed on July 1, 1991 and which is not in conformity with these provisions may be continued.

(b)

No expansion of existing structures shall be allowed with the exception that:

(1)

The city manager, or designee, may grant a development waiver for the expansion of existing legal nonconforming principal structures provided it has been certified that:

a.

There will be no net increase in nonpoint source pollution load;

b.

Any development or land disturbance exceeding an area of two thousand five hundred (2,500) square feet complies with all erosion and sediment control requirements and any land disturbance exceeding one (1) acre applies for and receives coverage under and complies with the requirements of the state stormwater construction general permit, as applicable and provides proof of coverage to the city manager, or designee;

c.

The requested waiver from the criteria is the minimum necessary to afford relief;

d.

Granting the exception will not confer upon the applicant any special privileges that are denied by chapter 37.1 of the City Code to other property owners who are subject to its provisions and who are similarly situated;

e.

The waiver is in harmony with the purpose and intent of this part and is not of substantial detriment to water quality;

f.

The exception request is not based upon conditions or circumstances that are self-created or self-imposed;

g.

Reasonable and appropriate conditions are imposed, as warranted, that will prevent the allowed activity from causing a degradation of water quality;

h.

Other findings, if appropriate and required by the local government, are met.

(2)

Structures existing within the Chesapeake Bay Preservation Areas as of the adoption date of this article which are destroyed by casualty or act of God may be reconstructed as a matter of right, provided that reconstruction begins within two (2) years of the casualty, reconstruction is, thereafter, diligently pursued, and the new structure is constructed entirely on or within the boundary (footprint) of the original structure.

(3)

No development waiver shall be required to perform normal maintenance on any structure within a Chesapeake Bay Preservation Area.

(4)

No development waiver shall be processed unless the applicant provides satisfactory evidence that any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid.

(Ord. No. 7017-13, § 1)

(Ord. No. 7017-13, § 1)