As used in this article, the following terms
shall have the meanings indicated:
Lots, structures, uses of land and/or structures legally
established, initiated and/or used prior to the adoption of this chapter
but which do not conform to the regulations and restrictions of this
chapter nor to such amendments attached thereto.
It is the intent of this article to:
A.
Abide by the provisions of Title 15.2, Chapter 22,
Article 7, § 15.2-2307, Vested rights not impaired; nonconforming
uses, Code of Virginia, as amended.
[Amended 10-21-2008]
B.
Provide for the continuation of all nonconformities and/or nonconforming uses legally established before the adoption of this chapter, while prohibiting any expansion, extension or enlargement thereof except as permitted in § 180-78, Highway realignment or condemnation.
C.
Provide for the continuation of construction of any
building or the emplacement of any designated use legally begun prior
to the effective date of this chapter and actively pursued since its
beginning.
D.
Provide controls and restraints thus preventing nonconformities
from being used as the grounds for the addition of other structures
and uses which do not comply with the provisions of this chapter.
Subsequent to the enactment of this chapter
a permitted structure may be erected on a single lot of record which
lot having been made nonconforming by the adoption of this chapter,
provided that:
A.
The lot of record is in single ownership and not in
continuous frontage with other lots in the same ownership;
B.
Yard dimensions conform to the regulations of the
district in which the lot is located; and
C.
The structure and all relevant elements associated
with the structure conform to the regulations of this chapter.
[1]
Editor's Note: Former § 180-77,
Prohibition against diminishing compliance or creating noncompliance,
was repealed 5-20-1997.
Any lot which, by reason of realignment of a
federal or state highway or by reason of condemnation proceedings,
has been reduced in size to an area less than that required by the
provisions of this chapter, shall be considered a nonconforming lot
of record and shall be subject to the provisions of this chapter.
Any lawful use or structure existing at the time of the highway realignment
or condemnation proceedings which, thereafter, would fail to meet
the provisions of this chapter, shall be considered a nonconforming
use or structure subject to the provisions of this chapter.
[Amended 8-15-2006]
Land and/or structures in legal use at the time
of adoption of this chapter and not permitted under the provisions
of this chapter may continue in use as long as the use remains otherwise
lawful, provided that:
A.
The local
government has issued a building permit, the structure was thereafter
constructed in accordance with the building permit, and upon completion
of construction, the local government issued a certificate of occupancy
or a use permit therefor; or 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. Such structure shall be nonconforming.
[Added 10-15-2019[1]]
B.
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.
C.
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.
D.
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 of this chapter.
[Added 10-16-2012[2]]
E.
No structure or additional structure shall be erected
in connection with a nonconforming use of land.
F.
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.
G.
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.
H.
The destruction or removal of a nonconforming use
and/or structure shall eliminate the nonconforming status of the land.
For the purposes of this chapter, "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.
[Amended 6-18-2013]
I.
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.
J.
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.
K.
Notwithstanding the above provisions, 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.
L.
Notwithstanding the above provisions, 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 as provided in Virginia Code Section 15.2-2310 or its successor statute. If such building cannot be repaired, rebuilt or replaced except as to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a building permit, and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the Statewide Building Code (Virginia State Code Section 36-98, et seq.), and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the local floodplain regulations adopted as a condition of participation in the National Flood Insurance Program. 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. However, 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.
M.
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:
[Added 10-15-2019]
(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.
Normal repairs and maintenance of nonconforming structures not in conflict with § 180-78 shall be permitted.
