Division 6, §§ 19.6-58 through 19.6-66

Other

• Replacement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. mobile/manufactured homesManufactured homeA dwelling built in a factory to a federal standard and transported to the site.

  Nothing in this article shall be construed to prevent the landowner or homeowner from removing a valid nonconforming mobile or manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD Manufactured Housing Code. In such mobile or manufactured home park, a single-section home may replace a single-section home, and a multisection home may replace a multisection home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single-section or multisection, that meets the current HUD Manufactured Housing Code.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lot of record allowance

  In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory building may be erected on any lot of record at the effective date of this article notwithstanding limitations imposed by other provisions of this article. This provision shall apply even though such lot fails to meet the requirements for area, width, or both; however, all yard setbacks (front, side, rear) shall conform to the regulations for the district in which such lot is located.

• Tax payment period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. status15 years

  If the County has issued a building permit and the building or structure was thereafter constructed in accordance with the building permit and completed or if the owner of the building or structure has paid taxes on said building or structure for 15 years, the Zoning Administrator may deem the building or structure nonconforming but not illegal.

• Discontinuance period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses2 years

  The nonconforming use is not discontinued for a period of two years, and so long as the buildings or structures are maintained in their then structural condition. If the use has been discontinued for more than two years, but the site has been actively marketed in the interim, then that particular use or building shall be allowed to continue.

• Prohibition on enlargement of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses

  No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this article.

• Uses existing prior to conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. requirement

  Any use which was established prior to the designation of such use as being permitted by conditional use shall be deemed to have received a conditional use of indefinite duration authorizing the continuation, enlargement, expansion, modification, relocation, and extension of such use within the overall boundary of the zoning district permitting such use by right prior to the adoption of the requirement for a conditional use.

• Maximum repair value percentage50 pct

  On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair/replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the value of the nonconforming structure as appraised by the latest County assessment.

• Repair period12 months

  On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair/replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the value of the nonconforming structure as appraised by the latest County assessment.

• Vested rights duration without substantial expenditures2 years

  Vested rights as established under the provisions of this section shall not continue beyond two years after the effective enactment date of this article if substantial expenditures or obligations have not been incurred during that time period.