§ 180-79

Other

• Abandonment period2 years

  Any nonconforming land use or the use of a nonconforming structure abandoned for more than two years shall lose its nonconforming status and any subsequent use of such land and/or structure shall conform to the provisions of this chapter.

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

  No structure or additional structure shall be erected in connection with a nonconforming use of land.

• Communications structure replacement

  Any nonconforming communications structure may be replaced with a new structure as long as the footprint is no larger in size and the structure is no taller in height, and the base of the new structure may be moved in any direction as long as such placement does not increase the degree of nonconformity. The equipment area shall be screened in accordance with § 180-18.

• Destruction threshold50 pct

  Destruction is defined as damage to the extent of more than 50% of the replacement cost at the time of destruction. No nonconforming use shall be reestablished after such a destruction unless the structure was used for agricultural purposes and the floors, foundations or walls are concrete or masonry and not practical to move; or the nonconforming structure was a single-family dwelling or a deck attached to a single-family dwelling, in which event it may be reconstructed within two years but not thereafter. No such reconstruction shall increase the degree of nonconformity.

• Enlargement restriction

  No nonconforming use and/or structure shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter unless said enlargement does not result in an increase in nonconformity.

• Extension within building

  A nonconforming use may be extended throughout parts of a building which were manifestly designed and/or arranged for such use at the time of adoption of this chapter. This expansion does not include extending the nonconforming use into the occupation of lands outside the building.

• Federal disaster repair period4 years

  If the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that give rise to the declaration, then such building may be repaired, rebuilt or replaced within four years following such damage or destruction.

• Front yardYardThe open space left between a building and its lot line — the space a setback creates. setbackSetbackThe distance a building must be held back from a lot line. lateral extension50 pct

  A structure which does not conform to the front yard setback may be extended laterally by up to 50% of its original front dimension, provided that the front yard setback is not reduced and all other requirements of this chapter are complied with.

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

  Any manufactured home which constitutes a nonconforming use/structure shall be permitted to be removed or replaced with another comparable manufactured home and maintain its nonconforming status so long as the replacement unit conforms to current Federal Manufactured Housing Construction and Safety Standards (HUD), subject to the limitations regarding discontinuance of nonconforming uses discussed in Subsection I, and to the following requirements: (1) If the manufactured home is located in a manufactured home park, a single-section home may be replaced with a comparable single-section home and a multi-section home may be replaced with a comparable multi-section home. (2) If the manufactured home is not located in a manufactured home park, the manufactured home may be replaced with either a single- or multi-section home. (3) Any manufactured home replaced pursuant to this section shall meet the setback requirements applicable to the removed or destroyed manufactured home.

• Moving restriction

  No nonconforming use and/or structure shall be moved in whole or in part from its location on the effective date of this chapter to any other portion of the subject lot or parcel unless said move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district.

• Natural disaster repair period2 years

  If a residential or commercial building is damaged or destroyed by a natural disaster or other act of God, such building shall be repaired, rebuilt or replaced to eliminate or reduce the nonconforming feature to the extent possible, without the need to obtain a variance... Unless such building is repaired or replaced within two 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 Chapter 180 of the Code of Warren County, Virginia, pertaining to zoning, then in effect.

• Proof responsibility

  Proof of the existing or past existence of a nonconforming use shall be the responsibility of the owner and/or user of the nonconforming use.

• Supersession by permitted use

  When any nonconforming use and/or structure is superseded by a permitted use and/or structure, the use thereafter shall conform to the provisions of this chapter, and no nonconforming use and/or structure shall thereafter be resumed.

• 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

  The owner of a structure has paid taxes to Warren County for such structure for a period of more than the previous 15 years, the structure is not illegal or subject to removal solely due to such nonconformity.