11-1-1
Intent. Any lot, use, or structure existing at the time of enactment of this Zoning Ordinance which does not conform to the provisions of this article may be continued as herein provided. Such lots, uses, structures, or any combination thereof, are considered nonconformities, and are hereby declared by the Board of Supervisors to be inconsistent with the character of the districts in which they occur. The intent of this article therefore is to permit these nonconformities to continue, but not to encourage their survival or permit their uses as grounds for adding other structures or uses prohibited elsewhere within the same district.

11-1-2
Nonconforming Lots. 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. This subsection does not preclude the request for, and consideration of, a variance.

11-1-3
Nonconforming Structures.

A.

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.

B.

In the event that the use of a nonconforming building or structure is discontinued for more than two (2) years, then the building or structure may be used only (i) so long as a permitted more restricted use continues and (ii) so long as the buildings or structures are maintained in their then structural condition.

C.

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

D.

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.

E.

Notwithstanding any provision hereof to the contrary, if (i) the County government has issued a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the County issued a certificate of occupancy or a use permit therefor, or (ii) the owner of the building or structure has paid taxes to the County for such building or structure for a period of more than the previous fifteen (15) years, then such building or structure is legal and not subject to removal solely due to such nonconformity. Such building or structure shall be nonconforming.

F.

If the County has issued a permit, other than a building permit, that authorized construction of an improvement to real property and the improvement was thereafter constructed in accordance with such permit, then such improvements, if nonconforming, are not illegal. If the structure is one (1) that requires no permit, and an authorized County official informs the property owner that the structure will comply with the zoning ordinance, and the improvement was thereafter constructed, then the structure, if nonconforming, shall not be deemed illegal and subject to removal solely due to such nonconformity. In any proceeding when the authorized government official is deceased or is otherwise unavailable to testify, uncorroborated testimony of the oral statement of such official shall not be sufficient evidence to prove that the authorized government official made such statement.

G.

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. 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 Uniform Statewide Building Code and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the County's flood plain regulations adopted as a condition of participation in the National Flood Insurance Program. 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. 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 gave rise to the declaration, then an additional two (2) years are allowed for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph. For purposes of this section, "act of God" shall include any natural disaster or phenomena including, but not limited to, a hurricane, tornado, storm, flood, high water, wind-driven water, landslide, earthquake or fire caused by lightning or wildfire. For purposes of this section, 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.

H.

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. Any new on-site system shall be installed in compliance with applicable regulations of the Department of Health in effect at the time of the installation.

I.

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.

J.

The property owner shall have the right to seek a variance in order to bring a nonconforming structure or building into compliance.

11-1-4
Nonconforming Uses. 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.

C.

No additional structures not conforming to this article shall be constructed in connection with such nonconforming use.

D.

If a use does not conform to the zoning prescribed for the district in which such is situated, and if (i) a business license was issued by the County for such use and (ii) the holder of such business license has operated continuously in the same location for at least fifteen (15) years and has paid all local taxes related to such use, the holder of such business license may apply for a rezoning or a special use permit without charge by the County or any agency thereof for fees associated with such filing.

E.

If any nonconforming use is discontinued for a period exceeding two (2) years after the enactment of this article, it shall conform to the requirements of this article, except that, when a written notice of intent to continue the use after the expiration of the two-year period shall be submitted by the owner of the property before the two-year discontinuance period shall expire, which notice shall state that the use will be continued within the next two-year period, the nonconforming use may continue for an additional two (2) years. The additional two-year discontinuance period permitted by this subsection may neither be extended nor renewed.

F.

Residential occupancy of a single-family dwelling is the most restrictive use when determining level of intensity.

11-1-5
Changes in district boundaries. Whenever the boundaries of a district are changed, any uses of land or any buildings or structures which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Ord. No. O2021-01, 3-9-21)

Editor's note— Ord. No. O2021-01, adopted March 9, 2021, repealed the former Art. 11-1, §§ 11-1-1—11-1-4, and enacted a new Art. 11-1 as set out herein. The former Art. 11-1 pertained to continuation and derived from (Ord. No. O2013-07, 9-10-13).

11-2
Permits.

11-2-1
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.

11-2-2
The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is completed within one (1) year, or such use of land established within thirty (30) days after the effective date of this ordinance.

11-3
Changes in district boundaries.

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

11-4
Expansion or enlargement.

11-4-1
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.

11-4-2
A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this ordinance.

11-5
Nonconforming lots.

Any lot of record at the time of the adoption of this ordinance which is less in area or width than the minimum required by this ordinance may be used when the requirements of the Nelson County Zoning Ordinance regarding setback, side and rear yards are met.

11-6
Restoration or replacement.

11-6-1
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.

11-7
Mobile home park compliance with ordinance.

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.