Article VI, Sections 601-607

Other

• AgriculturalAgricultureRaising crops or livestock, generally including the structures that serve them. nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. exception for 1984 annexation

  The foregoing provisions of paragraphs (a) through (d) of this section shall not apply to agricultural nonconforming activities or structures annexed to the Town of Luray during the 1984 annexation, which were in use and existence when that annexation became effective on January 1, 1985, if such nonconforming agricultural activity or structure is destroyed or damaged, in whole or in part, by act of God or casualty, and the same may be repaired or restored to the same condition as it existed on January 1, 1985; provided, that the scope of the activity or structure had not been reduced since January 1, 1985, and before the damage or destruction thereof as aforesaid, in which case the nonconforming agricultural activity or structure may be repaired or restored only to its reduced scope as it existed immediately prior to the damage or destruction.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. activity expansion limit

  A nonconforming activity may not be extended beyond the number of square feet occupied by the activity at the time of adoption of this ordinance.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. activity restoration threshold50 pct

  If a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence 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 ordinance.

• 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.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. building completion period12 months

  The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is completed within one year, or such use of land established within 30 days after the effective date of this ordinance.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. land use establishment period30 days

  The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is completed within one year, or such use of land established within 30 days after the effective date of this ordinance.

• Modification findings required

  The administrator may grant a modification from any physical requirement of this ordinance, including but not limited to minimum lot size and width, for any lot, structure, or improvement that predates such requirement upon making the following written findings: (i) The strict application of the requirement would produce undue hardship; (ii) The hardship is not shared generally by other properties in the same zoning district and the same vicinity; (iii) The modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

• Modification notice period to adjoining owners21 days

  Prior to granting a modification, the administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. repair completion period18 months

  Where a nonconforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. repair start period12 months

  Where a nonconforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

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

  A nonconforming structure to be extended or enlarged shall conform with the provisions of this ordinance.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure restoration threshold75 pct

  If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence 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 ordinance.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use abandonment period2 years

  If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, after the enactment of this ordinance, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this ordinance.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use permit application deadline60 days

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