Article 11, Nonconforming Uses

Other

• Certificate of occupancy required for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses

  All nonconforming uses shall obtain a certificate of occupancy. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.

• Expansion threshold for nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. uses/structures50 percent

  A nonconforming use or structure to be expanded or enlarged more than fifty (50) percent of the area occupied by such use or structure at the time of passage of this ordinance, shall conform with the provisions of this ordinance, except that any expansion of use or structure shall conform to Article 13 of this ordinance.

• Manufactured homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. replacement

  As provided in Section 15.2-2307(H), Code of Virginia, 1950, as amended, nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming manufactured home not located in a mobile home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufacturing housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.

• Mobile homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. park compliance deadline

  That all persons operating, using, or maintaining any mobile home lot or camp in Nelson County in existence as of January 1, 1971, shall comply with all restrictions of this ordinance and of the local and State Building Code by January 1, 1979.

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

  Any lot of record at the time of the adoption of this article which is less in area or width than the minimum required by this article, may be used when the requirements of the Zoning Ordinance regarding front, side and rear yard setbacks are met. The required area for permitted uses utilizing individual water supply or sewage disposal, or both, must be approved by the Health Department.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure continuation2 years

  Buildings or structures which do not conform to the zoning prescribed for the district in which they are situated may be used only (i) so long as the then existing or a permitted more restricted use continues and such use is not discontinued for more than two (2) years and (ii) so long as the buildings or structures are maintained in their then structural condition.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structure disaster rebuild2 years

  The owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God may repair, rebuild, or replace such building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building is damaged greater than fifty (50) percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. ... Unless such building is repaired, rebuilt or replaced within two (2) years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the County's Zoning Ordinance.

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

  No building or structure shall be enlarged in any way which increases or extends its nonconformity.

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

  Any nonconforming building or structure which is moved for any reason shall thereafter conform to the regulations of the zoning district in which it is located after it is moved.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use continuation2 years

  Where a lawful use of land exists at the time of enactment of the Zoning Ordinance or any amendment thereto that would not be permitted under the ordinance, such use may continue, as long as it remains otherwise lawful, subject to the following provisions: A. Nonconforming uses shall not be expanded or enlarged in any way that increases its nonconformity. B. In the event that such use ceases for any reason for a period of more than two (2) years, any subsequent use shall conform in all respects to the zoning district in which the land is located.

• NonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. use discontinuance2 years

  In the event that such use ceases for any reason for a period of more than two (2) years, any subsequent use shall conform in all respects to the zoning district in which the land is located.

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

  Nonconforming uses shall not be expanded or enlarged in any way that increases its nonconformity.

• Restoration timeframe for damaged nonconformingNonconformingLawful when built, but not compliant with the rules now in force; usually allowed to continue but not to expand. structures12 months

  Where a conforming structure devoted to a nonconforming activity or where a nonconforming structure is damaged, either may be repaired or restored, provided any such repair or restoration is started within twelve (12) months and completed within twenty-four (24) months from the date of damage or destruction.

• Sewage system replacement

  An owner of real property shall be permitted to replace an existing on-site sewage system for any existing building in the same general location on the property even if a new on-site sewage system would not otherwise be permitted in that location, unless access to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then the connection to such system shall be required.