Abingdon City Zoning Code
ARTICLE IX
Nonconforming Uses, Lots, and Structures.
Section 9-1-1 Intent.
[1-3-2023 by Ord. No. 2023.01.03]
With the adoption of this chapter or subsequent amendments, there exists lots, structures, and use of land and structures in combination which were lawful before this chapter was adopted or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue as established prior to chapter adoption and in accordance with the Code of Virginia, § 15.2-2307, as amended.
Section 9-1-2 Generally.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Except as otherwise provided in this chapter, any lawful use, building, or structure existing at the time of an amendment to this chapter may be continued even though such use, building, or structure may not conform to this chapter's provisions and shall be deemed nonconforming.
(b)
A change in occupancy or ownership shall not affect the right for the nonconforming use to continue or the nonconforming building or structure to remain.
Section 9-1-3 Nonconforming lots of record.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
Any lot of record at the time of the adoption or amendment of this chapter which is less in area or in width than the minimum required by the zoning district may be used or built upon, provided that if yard and/or setback requirements cannot be met, a variance shall be obtained through the variance processes outlined in Article III of this chapter.
(b)
A developed nonconforming lot may continue in existence but may not be altered except in accordance with this article, to becoming conforming. Nonconforming lots may not become less conforming.
(c)
A nonconforming lot may become a conforming lot by meeting the current minimum lot size, lot width, and lot frontage requirements of the zoning district in which the lot is located through the following actions:
(1)
A consolidation of the nonconforming lot with an adjacent lot;
(2)
A boundary adjustment between two contiguous lots, one being nonconforming and the other being conforming, provided such adjustment does not make the conforming lot nonconforming, does not create an additional lot, and does not increase the nonconforming lot's nonconformity; or
(3)
Rezoning to a different zoning district to meet the lot size, lot width, and lot frontage requirements of that district.
Section 9-1-4 Nonconforming use.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
A nonconforming use for which a zoning permit was issued legally prior to the adoption of this chapter, and for which the permit is still active but the use is not established, may proceed provided the use is established within 30 days after the adoption of this chapter.
(b)
A nonconforming use for which a special use permit was lawfully granted prior to the adoption of this chapter may proceed in compliance with the issued permit and any limiting time for establishment. However, if the special use permit does not conditionally limit a time period for establishment, then the use must be established within 30 days after the adoption of this chapter.
(c)
A legal nonconforming use may continue as it existed when it became nonconforming. A nonconforming use shall not be reconstructed, relocated, altered, or expanded in any manner, including the addition of new accessory uses, except as provided for in this section.
(1)
A nonconforming use may change to a conforming use.
(2)
The nonconforming use may be extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use at the time of enactment of this chapter, provided there are no structural alterations, expansion, or enlargement except those required by law or lawful order.
(3)
A nonconforming use may be changed to another nonconforming use of the same or of a more restricted classification. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.
(5)
A nonconforming use shall lose its nonconforming status, and any further use shall conform to the requirements of this chapter when:
a.
The nonconforming use is discontinued for a period of two years, regardless of whether or not equipment or fixtures are removed, and shall be deemed abandoned.
1.
However, on application made to the Administrator by the owner or any party in interest, the Administrator may extend the aforesaid two-year period up to an additional two years for good cause.
b.
The nonconforming use is intentionally abandoned, regardless of the length of time that has passed.
(6)
The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use, and the existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire lot or tract.
(7)
When evidence available to the Administrator is deemed to be inconclusive, whether a nonconforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.
Section 9-1-5 Nonconforming structures, buildings, and improvements.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
The construction of a nonconforming building for which a permit was issued legally prior to the adoption of this chapter may proceed, provided such building is completed within one year after the adoption of this chapter.
(b)
A nonconforming structure or nonconforming improvement may continue as it existed when it became nonconforming. A nonconforming structure or nonconforming improvement shall not be reconstructed, altered, or expanded in any manner, except as provided in this section.
(c)
A nonconforming building or structure shall include those circumstances where the Town has:
(1)
Issued a building permit or other permit authorizing construction and the building or structure was constructed in accordance with the building permit, and upon completion, the Town issued a certificate of occupancy; or
(2)
The owner of the building or structure has paid real estate taxes to the Town for such building or structure for a period of more than the previous 15 years.
(d)
Additionally, a nonconforming building or structure shall include those circumstances where:
(1)
A permit was not required, and an authorized governmental official informed the property owner that the structure would comply with the zoning and subdivision ordinance; and
(2)
The improvements were then constructed accordingly.
(3)
However, in any proceeding when the authorized Town official is deceased or unavailable to testify, uncorroborated testimony of the oral statement of such official shall not be sufficient evidence to prove that the authorized Town official made such statement.
(e)
A nonconforming structure may be changed to make it a conforming structure.
(f)
A building or structure nonconforming only as to height, area, or bulk requirements may be altered or extended, provided such alteration or extension does not increase the degree of nonconformity in any respect.
(h)
If a nonconforming structure is demolished or removed, no nonconforming structure shall be reestablished, except as provided under Section 9-1-6.
(i)
If a nonconforming structure is removed for any reason to another parcel of land, regardless of distance, or the lot lines of the parcel on which it is located change, the structure shall thereafter conform to the requirements of the district in which it is located.
Section 9-1-6 Repairs and maintenance.
[1-3-2023 by Ord. No. 2023.01.03]
(a)
On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done if:
(1)
Such repair constitutes routine maintenance necessary to keep the structure or improvement in the same general condition it was in when it originally became nonconforming; or
(2)
For any internal remodel, provided that the cubic content of the structure as it existed at the time of passage or amendment of this chapter shall not be increased.
(b)
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, on order of such official.
(c)
If a nonconforming building or structure is damaged or destroyed, even if 50% or greater, by fire, natural disaster or other act of God, such building or structure may be repaired, rebuilt or replaced, provided that:
(1)
The nonconforming features are eliminated or reduced to the extent possible, without the need to obtain a variance;
(3)
The requirements of the floodplain management regulations in the Town Code are met; and
(4)
The work is done within two years unless the building is in an area under a federal disaster declaration and was damaged or destroyed as a direct result of the disaster, in which case the time period shall be extended to four years.
(d)
Owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson and obtain vested rights under this section.
(e)
If a nonconforming mobile home is removed other than by natural disaster or public action, it may not be replaced except as provided for below unless it complies with regulations within this chapter.
(1)
Nothing in this section shall be construed to prevent the landowner or homeowner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD Manufactured Housing Code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multisection home may replace a multisection home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single-section or multisection, that meets the current HUD Manufactured Housing Code. Any such replacement home shall retain the valid nonconforming status of the prior home.