The lawful use of a principal building or structure which existed on September 20, 1990, or which exists at the time of any amendment to this chapter, and which is not in compliance with the provisions of this chapter or such amendment thereto, may be continued in accordance with article VIII of chapter 24.1 of the County Code.

No alteration or expansion of any noncomplying structure shall be allowed except in accordance with the following:

(a) The CBPA Manager may grant a noncomplying use and development waiver for legally existing principal structures on lots not in compliance with CBPA standards to provide for alterations and additions to such noncomplying structures provided that:

     (1) There will be no increase in the nonpoint source pollution load;

     (2) Any development or land disturbance exceeding an area of 2,500 square feet complies with all erosion and sediment control requirements of chapter 10, Erosion and Sediment Control, of this code; and

   (3) Accessory structures or additions to accessory structures shall not be authorized by noncomplying use and development waivers.

(b) An application for a noncomplying use and development waiver shall be made to the CBPA Manager and shall include, for the purpose of proper enforcement of this section, the following information:

     (1) Name and address of applicant and property owner;

     (2) Legal description of the property and type of proposed use and development;

    (3) A sketch of the dimensions of the lot or parcel, location of buildings and proposed additions relative to the lot lines, and boundary of the resource protection area;

     (4) Location and description of any existing private water supply or sewage disposal system; and

     (5) A WQIA, BMP plan and buffer restoration plan as deemed necessary by the CBPA Manager.

(c) A noncomplying use and development waiver shall become null and void five (5) years from the date issued if no substantial work, as determined by the CBPA Manager, has commenced.

(d) Noncomplying use and development waivers for legally existing principal structures processed through an administrative review of the application shall be subject to the findings required by subsection 23.2-13, such findings to be made by the CBPA Manager, but without the requirement for a public hearing.

(Ord. No. 05-13(R), 5/17/05)