§ 14-292. Nonconformities, exemptions, and exceptions.

(a)

Nonconforming uses and noncomplying structures.

(1)

The City may permit the continued use, but not necessarily the expansion, of any structure in existence on November 11, 1991, or which exists at the time of any amendment to this article. The City shall use the administrative review procedure to waive or modify the criteria of this article for structures on legal nonconforming lots or parcels, provided that there will be no net increase in nonpoint source pollutant load. Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this article.

(2)

A nonconforming use and development waiver shall become null and void 12 months from the date of issuance if the Administrator documents that no substantial work has commenced. The Administrator shall notify the permittee of the revocation of the waiver.

(3)

This article shall not be interpreted or construed to prevent the reconstruction of pre-existing structures within Chesapeake Bay Preservation Areas from occurring as a result of casualty loss unless otherwise restricted by other City ordinances.

(b)

Public utilities, railroads, public roads, and facilities exemptions.

(1)

a.

Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures in accordance with:

1.

Regulations promulgated pursuant to the Erosion and Sediment Control Law (Code of Virginia, § 62.1-44.15:51 et seq.) and the Stormwater Management Act (Code of Virginia, § 62.1-44.15:24 et seq.);

2.

An erosion and sediment control plan and a stormwater management plan approved by the City or State, where required; or

3.

Local water quality protection criteria at least as stringent as the above State requirements;

will be deemed to constitute compliance with this article.

b.

The exemption of public roads is further conditioned on the following:

1.

Optimization of the road alignment and design, consistent with other applicable requirements, to prevent or otherwise minimize:

(i)

Encroachment in the resource protection area; and

(ii)

Adverse effects on water quality; and

2.

Public roads, as defined in Section 14-181, that are found to be in compliance with this division are deemed to be exempt.

(2)

Construction, installation and maintenance of water, sewer, natural gas, and underground telecommunications and cable television lines owned, permitted, or both, by the City or regional service authority shall be exempt from the criteria in this division, provided that:

a.

To the degree possible, the location of such utilities and facilities should be outside resource protection areas;

b.

No more land shall be disturbed than is necessary to provide for the proposed utility installation;

c.

All such construction, installation and maintenance of such utilities and facilities shall be in compliance with all applicable State and Federal permits and designed and conducted in a manner that protects water quality; and

d.

Any land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of this part.

(c)

Exceptions.

(1)

Exceptions to the requirements of Sections 14-263 and 14-264 may be granted, provided that a finding is made that:

a.

The requested exception to the criteria is the minimum necessary to afford relief;

b.

Granting the exception will not confer upon the applicant any special privileges that are denied by this division to other property owners who are subject to its provisions and who are similarly situated;

c.

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

d.

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

e.

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

f.

Other findings, as appropriate and required by the City, are met.

(2)

The Administrator may approve, deny or approve with conditions individual exception requests to Section 14-263, provided that the applicant meets the criteria of Subsection (c)(1) of this section.

(3)

The process to be used for exceptions to Section 14-264 shall include, but not be limited to, the following provisions:

a.

An exception may be considered and acted upon only by the Planning Commission.

b.

No exception shall be authorized except after notice and a hearing, as required by Code of Virginia, § 15.2-2204, except that only one hearing shall be required. However, when giving any required notice to the owners, their agents or the occupants of abutting property and property immediately across the street or road from the property affected, the notice may be given by first class mail rather than by registered or certified mail.

(4)

Exceptions to other provisions of this section may be granted, provided that:

a.

Exceptions to the criteria shall be the minimum necessary to afford relief; and

b.

Reasonable and appropriate conditions upon any exception granted shall be imposed, as necessary, so that the purpose and intent of the Act is preserved.

(5)

Notwithstanding the provisions of Subsection (c)(3) of this section, additions and modifications to existing legal principal structures may be processed through the administrative review process specified in Subsection (c)(2) of this section, as allowed by Subsection (a) of this section, subject to the findings required by Subsection (c)(1) of this section but without a requirement for a public hearing. This provision shall not apply to accessory structures.

(Code 2004, § 50-340; Ord. No. 2014-116-89, § 2, 5-27-2014)

(Code 2004, § 50-340; Ord. No. 2014-116-89, § 2, 5-27-2014)