Northampton County Unincorporated
City Zoning Code
City Zoning Code
NONCONFORMING USES
AND VESTED RIGHTS POLICY
§ 154.2.245 INTENT.
The intent of this section is to regulate and limit the development and continued existence of uses, structures, and lots established prior to the effective date of this chapter, as amended, which do not conform to the requirements of this chapter. Many nonconformities may continue, but the provisions of this section are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement to a conforming status or elimination, in order to preserve the integrity of this chapter and the desired character of the county. Any lawful nonconforming use, structure, or lot which lawfully existed as of the effective date of this chapter and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of this chapter or any subsequent reclassification of zoning districts or other amendment to this chapter, may be continued or maintained only in accordance with the terms of this section. The limitations of this section shall not apply to structures or lots whose nonconforming features are the subject of a variance that has been granted by the Board of Zoning Appeals or a modification or condition that was approved by the Board of Supervisors. Such nonconformities are not intended to and may not be used as a grounds for changing their property's zoning category or as grounds for changing other nearby zoning categories.
(Ord. passed 4-12-2016)
§ 154.2.246 NONCONFORMING USES, LOTS OR BUILDINGS.
(A) Uses. Lawful nonconforming uses may be continued but not be enlarged or extended; except as provided in § 154.2.082, Statements for Primary and Secondary Zoning Districts.
(B) Lots of record. At the time of enactment of this chapter, or any amendment thereto, 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. Further, variances may be available in certain circumstances from the Board of Zoning Appeals in accordance with this subchapter.
(C) Structures. Where a lawful nonconforming structure exists as of October 21, 2009, that could not be built in the district in which it is located under the terms of this chapter by reason of restrictions on area, lot coverage, height, yard dimensions or other requirements, such structure may continue to be used so long as it remains otherwise lawful, subject to the following provisions.
(1) 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.
(2) (a) Should a nonconforming structure, portion of the nonconforming structure, or nonconforming portion of a structure be damaged or destroyed by any means other than a natural disaster or other act of God, the structure or portion thereof may be re-constructed or restored provided its degree of nonconformity is not increased beyond that which existed just prior to such damage, except to comply with the Virginia Uniform Statewide Building Code and in accordance with § 154.2.141(A)(3).
(b) Should a nonconforming residential or commercial structure be damaged or destroyed by a natural disaster or other act of God, 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 as provided in § 154.2.225 et seq. herein.
(c) 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 as set forth in Chapter 159 Floodplain Management, 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.
(d) However, 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 as otherwise provided in this section.
(e) For the purposes of this section, ACT OF GOD shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, or fire caused by lightning or wildfire.
(f) Owners of a structure damaged by an accidental fire, not including arson committed by the property owner, shall have the same rights to repair, rebuild, or replace such structure as if it were damaged by an act of God.
(D) Manufactured/mobile homes.
(1) 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.
(2) 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.
(Ord. passed 4-12-2016; Am. Ord. passed 2-13-2018)
§ 154.2.247 NONCONFORMITY IN GENERAL.
(A) If there is only a change in title or renewal of a lease of any nonconforming lot or structure access, the existing use may continue, subject to the rules herein.
(B) 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, and any subsequent use shall conform to the requirements of this chapter. However, 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.
(C) 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.
(D) 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. As with other lawful nonconforming uses, temporary seasonal uses may not be expanded or enlarged without losing their lawful nonconforming status.
(E) 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.
(Ord. passed 4-12-2016)
§ 154.2.248 REPAIRS AND MAINTENANCE.
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.
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared necessary for safety upon order of the Northampton County Building Official.
(Ord. passed 4-12-2016)
§ 154.2.249 PROVISIONS FOR SPECIAL USES.
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. However, such a use or structure shall be subject to the requirements of this chapter as a special use when expansion, enlargement, extension, alteration, or modification is proposed. Single-section or multi-section manufactured homes that comply with the current HUD manufactured housing code are exempt from the requirements of this section in accordance with § 154.2.246(D)(2) provided that the degree of nonconformity is not increased.
(Ord. passed 4-12-2016)
§ 154.2.250 VESTED RIGHTS POLICY.
Nothing in this chapter is intended to impair legally vested rights. Northampton County recognizes those vested rights recognized by VA Code § 15.2-2307, inter alia.
§ 154.2.998 VIOLATIONS.
(A) If the Zoning Administrator finds that any of the provisions of this chapter are being or have been violated, he/she shall have all authority authorized under VA Code, Title 15.2, Chapter 22, Article VII, including, but not limited to, those powers set forth in VA Code §§ 15.2-2286 and 15.2-2299, to ensure compliance with and the enforcement of this chapter.
(B) The Zoning Administrator is authorized to take whatever legal measures are necessary to ensure compliance with and/or prevent further violation of the provisions of this chapter, including, but not limited to, the issuance of notices of violation and/or cease and desist orders, the filing in appropriate courts of enforcement actions for declaratory, injunctive, abatement, and/or other relief.
(C) Consistent with these powers, the Zoning Administrator may, as one of many enforcement methods, notify in writing by certified mail or in person the landowner and/or person responsible for such violation, indicating the nature of the violation and ordering that the violation be corrected within a reasonable period of time, as determined by the Zoning Administrator, and may take any action authorized by law to insure compliance with or prevent further violation of the provisions of this chapter. The Zoning Administrator may grant an extension of the time if he/she deems such extension is justified under the specific circumstances of the case and that such extension will not cause substantial peril of life, health, or property.
(D) In accordance with VA Code § 15.2-2311, any written notice of a zoning violation or written order of the Zoning Administrator shall state that the recipient may have a right to appeal the violation notice or order within 30 days and that the decision will be final and unappealable if not appealed within 30 days.
(E) The Zoning Administrator also is authorized to refer the zoning violation matter for prosecution and penalties pursuant to VA Code § 15.2-2286 (A)(5). Anyone found to have violated this chapter shall be guilty of a misdemeanor and, upon conviction thereof, be fined not less than $10 nor more than $1,000. If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with the chapter, within a time period established by the court. Failure to remove or abate the violation within the time specified by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000 and any such failure during any succeeding ten-day period shall constitute a separate offense for each ten-day period punishable by a fine of not less than $100 nor more than $1,500.
(Ord. passed 4-12-2016)
§ 154.2.999 PENALTY.
(A) In accordance with VA Code § 15.2-2286 (A)(5), any person, firm or corporation, whether as principal agent, employee or otherwise, violating or causing or permitting the violation of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined not less than $10 nor more than $1,000. If the violation is uncorrected at the time of conviction, the court shall order the violator to abate or remedy the violation in compliance with this chapter within a time period established by the court. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and such failure during any succeeding 30 day period shall constitute a separate misdemeanor offense for each 30 day period punishable by a fine of not less than $10 nor more than $1,000.
(B) Civil Penalties. The Zoning Administrator may, in accordance with VA Code § 15.2-2209, impose civil penalties against any person, firm or corporation, whether as principal agent, employee or otherwise, for violating or causing or permitting the violation of the following sections of this chapter: §§ 154.2.190 through 154.2.999. The schedule of offenses does not include any zoning violation resulting in injury to any persons.
(1) The existence of these civil penalties shall not preclude the Zoning Administrator from taking action pursuant to VA Code § 15.2-2286(A)(4) or the Board of Supervisors under VA Code § 15.2-2208.
(2) The civil penalty for any one violation shall be $200 for the initial summons and $500 for each additional summons. Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any 10-day period. The maximum penalty for specified violations arising for the same operative set of facts shall be $5,000. Violations designated above shall be in lieu of criminal sanctions. The schedule of offenses is uniform for each type of violation.
(3) The Zoning Administrator or his/her deputy may issue a civil summons for a violation on the schedule of offenses. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the department of finance or the treasure of the locality prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.
(4) If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the county to establish the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.
(5) No provision herein shall be construed to allow the imposition of civil penalties:
(a) For activities related to land development; or
(b) For violation of any provision of this chapter relating to the posting of signs on public property or public rights-of-way.
(Ord. passed 4-12-2016)