Article XVIII, Sec. 74-781 through 74-787

Other

• Abandonment period for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use2 years

  If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, it shall be deemed abandoned.

• Advertising structure relocation period after rezoningRezoningChanging which district applies to a parcel — a legislative act, not an administrative one.24 months

  Advertising structures that become nonconforming because of a rezoning have 24 months within which to relocate in a permitted area.

• Expansion of nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure must conform

  A nonconforming structure to be extended or enlarged shall conform with the provision of this chapter.

• Exemption from minimum area/width for lots of record

  Any lot of record... less in area or width than the minimum required... shall be exempt... granted the lot was described in the most recent deed of conveyance to contain at least one acre and was valid at the time of its creation and can meet health department requirements.

• Lot line adjustment conditions for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lots

  One or more lot lines of a nonconforming lot may be adjusted provided the boundary line adjustment does not cause any adjacent conforming lots to become nonconforming and does not cause any nonconforming lots to become more nonconforming.

• Deadline to obtain zoning permit and certificate of occupancy60 days

  All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within 60 days after the adoption of the ordinance.

• Repair completion deadline after partial destruction18 months

  Any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

• Maximum repair work per 12 months as percentage of replacement value10 pct

  Work may be done in any period of 12 consecutive months on ordinary repairs... to an extent not exceeding ten percent of the current replacement value of the structure.

• Repair start deadline after partial destruction12 months

  Any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

• Replacement manufactured homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. must comply with codes and setbacksSetbackThe distance a building must be held back from a lot line.

  The replacement manufactured home shall comply with all building and construction codes in the Commonwealth of Virginia applicable to manufactured homes. The replacement manufactured home shall be located on the same parcel so as to comply with all current yard and setback requirements of this chapter.

• Damage threshold for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. activity restoration50 pct

  If a nonconforming activity is destroyed or damaged... to the extent that the cost of restoration... shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

• Damage threshold for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure restoration75 pct

  If a nonconforming structure is destroyed or damaged... to the extent that the cost of restoration... shall exceed 75 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

• Waiver or conditional useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote. permit for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. lots

  Preexisting nonconforming lots... may apply for a waiver or conditional use permit to address any such deficiencies.