Nonconforming Use, Lot, Structure and Sign

    County Code Section 32-601.10. "Nonconforming Use", "Lot", "Structure", and "Sign" Defined

    What is a nonconforming use? Any use that was lawful on the date of enactment of the Prince William County Zoning Ordinance, or amendment thereto, which has been continued although otherwise rendered unlawful by such enactment or amendment. Any use that was unlawful on the date of enactment of the Zoning Ordinance, or amendment thereto shall remain unlawful and shall not be a "nonconforming use."

    What is a nonconforming lot? Any lot that was lawful on the date of enactment of the Prince William County Zoning Ordinance, or amendment thereto, which has been continued in existence although otherwise rendered unlawful by such enactment or amendment thereto. Any lot that was unlawful on the date of enactment of the Zoning Ordinance, or amendment thereto shall remain unlawful and shall not be a "nonconforming lot." A lot is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter: lot area and/or lot width/frontage.

    What is a nonconforming structure? Any structure, except signs, that was lawful on the date of enactment of the Prince William County Zoning Ordinance, or amendment thereto, which has continued in existence although otherwise rendered unlawful by such enactment or amendment thereto. Any structure that was unlawful on the date of enactment of the Zoning Ordinance, or amendment thereto shall remain unlawful and shall not be a "nonconforming structure." A structure is nonconforming if one or more of the following standards are not met as a result of enactment or amendment of this chapter:

    • Setbacks, Yards, Buffers
    • Chesapeake Bay
    • Storm water management
    • Open space
    • Lot coverage
    • Tree canopy
    • Height
    • Floor Area Ratio
    • Provisional Use Permit (PUP)/Special Use Permit (SUP)

    What is a nonconforming sign? Any existing sign that does not meet the regulations contained in the sign regulation, which prior to December 10, 2019, and has not been discontinued for a period of two years, shall be deemed a lawfully nonconforming sign and shall not be required to be verified under the provisions of Sec. 32-600.60 of the Zoning Ordinance. 

    Verification of a Nonconforming Use, Lot, Lot, or Structure

    To apply for verification of a nonconforming use, lot, or structure, submit the following to the Zoning Administration Division of the Planning Office:

    1. Completed Application for Verification of Nonconforming Use, Lot, and Structure.
    2. Processing fee payable in cash, check, or credit card in accordance with the current Zoning Fee Schedule.
    3. Supporting documents as noted on the application.

    Recertification of a Nonconforming Use

    After verification of the lawful status of a nonconforming use, the owner/operator shall file a report with the Zoning Administrator on the Nonconforming Use Recertification Application form, showing that the nonconforming use has not ceased for two (2) year period, or been abandoned, and that the use is being operated in accordance with the decision rendered as part of the nonconforming use verification. To apply for recertification of the nonconforming use, submit a completed Application for Recertification of a Continued Nonconforming Use and supporting documentation as noted on the document submission check list. Nonconforming signs are not required to be verified or recertified.

    Recertification of Nonconforming Signs

    According to current sign regulations, verification of lawful nonconforming signs is not required. Therefore, recertification of any previously verified or recertified nonconforming sign is not required.

    Questions or comments?

    • Email: [email protected]

    • Phone: 703-792-3340

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