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Staunton approves mass rezoning to align 85 legally nonconforming homes with residential zoning
Summary
Council rezoned 85 properties, mostly within historic districts and the South Side, to match long-standing residential use; owners were offered an opt-out and no fee was charged for this mass action.
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Staunton City Council voted Sept. 11 to approve a comprehensive rezoning that will convert 85 legally nonconforming properties โ structures used as homes but zoned for business or industrial use โ to residential zoning that matches their longstanding use.
Tim Hartless, the city planning manager, told the council the rezoning effort began after the comprehensive plan update and a series of area-by-area rezoning efforts dating to 2012. Staff compiled a list of properties for review, invited owners to a public meeting and allowed property owners to opt out of the mass rezoning. Three owners elected to opt out, Hartless said, leaving 85 properties on the list.
Hartless said the problem with the older mismatch can create financing and rebuilding hurdles: a legally nonconforming structure cannot be rebuilt if damaged beyond 50% of its value, and a property vacant for more than two years risks reverting to its underlying commercial or industrial zoning, complicating transactions and loans. The mass rezoning effort aims to align zoning with actual residential use and reduce those risks.
At the public hearing, property owner Andrew Hanna, who owns a residence at 10 Fayette Street, described difficulty obtaining permits and financing because of the mismatch and urged approval. Rebecca Bennett, owner of a former church building on West Beverly Street, spoke in opposition to rezoning in her block and raised concerns about safety, maintenance and traffic on West Beverly.
Councilor Campbell moved the ordinance to approve rezoning of the listed properties; the motion passed unanimously on roll-call vote. Hartless noted property owners who opt out during the mass rezoning will not be charged; the standard rezoning fee ($250) would apply if an owner later requests a rezoning individually.

