Zoning Ordinance Rewrite Change Highlights - Chapter 1: Introduction

Chapter 1 explains the purpose and intent of the Zoning Ordinance; how the Zoning Ordinance will apply to approved projects; protections for nonconforming uses, structures, and lots; and interpretation of  the Zoning Ordinance and the Zoning Map. This chapter also addresses vested rights and provisions for the Route 28 Transportation Improvement District.  

The Zoning Ordinance incorporated the following Board-directed revisions to Chapter 1: 

• Clarified that the county has sole decision-making authority for land development in the unincorporated areas of Loudoun County, including but not limited to the Joint Land Management Areas surrounding incorporated towns, with no requirement for Town concurrence or approval. 
• As defined, “nonconformity” only applies to principle uses, not accessory uses. The Board of Supervisors ensured that existing legal parking would also be protected by the nonconforming provisions. 
• Clarified that a legal nonconforming mobile or manufactured home can be replaced provided it occupies the same footprint as the nonconforming mobile or manufactured home it is replacing. 
• Made sure an owner can replace or repair a legal nonconforming structure damaged or destroyed by a casualty or event beyond the owner's reasonable control.  

A nonconformity is a term that relates to the legal status of property as it pertains to compliance with all regulations of a newly adopted or amended zoning ordinance. When a change occurs in district regulations within any given zoning district, the condition of nonconformities can result.  

For example, following the adoption of a new zoning ordinance, or amendment of an existing ordinance, any regulations that are now more restrictive than the previous ordinance can place a use, structure, or lot in a nonconforming status, which means that the use, structure, or lot no longer complies with a portion or all the new regulations in the adopted ordinance. Recognizing this, the Zoning Ordinance allows such properties to legally continue, subject to certain limitations, without the necessity for change or the fear of a  violation.  

To provide flexibility in regulations for owners of historic structures that are considered nonconforming, amendments allow for the expansion of nonconforming historic structures. Owners of such structures will be allowed to expand their structure provided they do not exceed lot coverage and floor area ratio (FAR) by greater than 15%. In addition, historic structures requesting expansion will be exempt from minimum lot area, road setback, and side and rear yard requirements to provide greater flexibility for owners and lease holders.  

Regarding signage, new provisions have been added requiring a property owner to remove a sign that has been abandoned for two years or more. 

For owners of industrially or commercially zoned properties within the Route 28 Tax District, the new Zoning Ordinance does not change the existing statutory protections. Properties currently administered under the 1972 Zoning Ordinance continue to be administered under the 1972 Zoning Ordinance, unless and until the owner waives Route 28 Tax District protections through a Zoning Map Amendment or a Zoning Conversion in the Route 28 Tax District (also known as a ZRTD).  

Review additional details in the Loudoun County Zoning Ordinance.

Last updated 12/18/2023