§ 154.2.245-154.2.250

Other

• Abandonment period2 years

  If any nonconforming use or structure is discontinued for a period exceeding two years after enactment of the ordinance set forth in this chapter, it shall be deemed abandoned and lose its lawful nonconforming status.

• Change to more limited use

  Whenever a nonconforming use or structure has been changed to a more limited nonconforming use, such more limited existing use may be changed to an even more limited use so long as it is allowed (by right or after special use permit approval) within that zoning district.

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

  Lawful nonconforming uses may be continued but not be enlarged or extended; except as provided in § 154.2.082.

• Damage over 50%

  If such structure is damaged greater than 50% 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, provided that a building permit is obtained and all work is done in compliance with the provisions of the Uniform Statewide Building Code and flood plain regulations, and provided that such repair, reconstruction, or replacement be accomplished within two years of the date of the natural disaster or other act of God.

• Reconstruction after damage

  Should a nonconforming structure be damaged or destroyed by any means other than a natural disaster, the structure may be re-constructed or restored provided its degree of nonconformity is not increased.

• DistrictZoning districtA mapped area with one set of rules, identified by a code like R-1 or B-2. boundary change

  Whenever the boundaries of a zoning district are changed, any use of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this subchapter.

• Enlargement prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.

  Nonconforming uses may not be enlarged or extended.

• Existing special useConditional useAllowed only after a discretionary approval — usually a public hearing and a board vote.

  Any use of a structure which exists at the time of enactment of this chapter which is permitted in the district in which it is located as a special use shall not be deemed a nonconforming use or structure, but shall, without further action by the county, be considered a conforming use.

• Federal disaster abandonment period4 years

  If a building is damaged or destroyed by a natural disaster or other act of God, the conditions of which give rise to a federal disaster declaration covering the area in which the building is located, then a total of four years from the date of said declaration shall be allowed for the building to be repaired, rebuilt, or replaced before it loses its lawful nonconforming status.

• Federal disaster extension

  If the nonconforming structure is located in an area under a federal disaster declaration and the structure was damaged or destroyed as a direct result of the conditions that gave rise to the declaration, then the owner may have an additional two years to repair, rebuild, or replace the structure.

• Lot of record exception

  If there is an unimproved legal lot or parcel of record which does not meet the minimum lot area requirement within a district, then said lot or parcel of record may still be used as a building lot, provided the use proposed is a permitted use under this chapter, and provided further that the requirements for minimum yards/setbacks and maximum height are met.

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

  Should a lawful nonconforming structure be moved for any reason for any distance it shall thereafter conform to the regulations for the zoning district in which it is located.

• Reconstruction after natural disaster

  Should a nonconforming residential or commercial structure be damaged or destroyed by a natural disaster, the structure may be repaired, rebuilt, or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance.

• Ordinary repairs

  On any building devoted in whole or in part to any lawful nonconforming use, ordinary repairs on or repair or replacement of non-structural features such as fixtures, wiring, or plumbing are allowed to such extent that the structure is kept in a usable condition.

• Replacement in manufactured homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. park

  A lawful nonconforming manufactured home may be removed from a mobile or manufactured home park and replaced with another comparable manufactured home that meets the current HUD manufactured housing code. In such manufactured or mobile home park, a single-section home may be replaced with a single-section home and a multi-section home may be replaced with a multi-section home.

• Replacement outside park

  A lawful nonconforming mobile or manufactured home not located in a mobile or manufactured home park may be replaced with a single-section or a multi-section manufactured home that meets the current HUD manufactured housing code.

• Temporary seasonal uses

  Temporary seasonal uses may constitute lawful nonconforming uses so long as they were originally legal when this ordinance was adopted and so long as they have continued seasonally and never been abandoned for a period of two years or more.

• Vested rights

  Nothing in this chapter is intended to impair legally vested rights. Northampton County recognizes those vested rights recognized by VA Code § 15.2-2307.