(a)

Types.

(1)

Nonconforming use. The otherwise legal use of a building, structure, mobile home, trailer mobile home, trailer court or of a tract of land that does not conform to the use regulations of this chapter for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to the chapter.

(2)

Nonconforming lot. An otherwise legally platted lot that does not conform to the minimum area or width requirements of this chapter for the zone in which it is located either at the effective date of this chapter or as a result of subsequent amendments to the chapter.

(3)

Nonconforming structure. An otherwise legal building, structure, mobile home or trailer mobile home that does not conform with the lot area, yard, height, lot coverage or other area regulations of this chapter, for the district in which it is located, either at the effective date of this chapter or as a result of subsequent amendments to the chapter.

26.1-51-1. Nonconforming use defined. The term nonconforming use shall mean any use, lot or structure that was lawful on the date of enactment of this chapter, or amendment thereto, which has been continued although otherwise rendered unlawful by such enactment or amendment. Any use, lot or structure that was unlawful on the date of enactment of this chapter, or amendment thereto, shall remain unlawful and shall not be a nonconforming use.

26.1-51-2. Rights adhere to the land. The nonconforming status of any nonconforming use shall adhere solely to the use of the land, and not to the owner, tenant, or other holder of any legal title to the property or the right to make use thereof.

26.1-51-3. Accessory uses.

(a)

A use that is accessory or incidental to a permitted principal use cannot be made the basis for a nonconforming principal use.

(b)

No use, including signage, accessory to a principal nonconforming use shall continue after such principal use ceases or terminates, except as may be approved under section 26.1-51-7.

26.1-51-4. Continuation of nonconforming uses. A nonconforming use may continue as it existed when it became nonconforming. A nonconforming use shall not be changed, altered, repaired, restored, replaced, relocated or expanded in any manner, including the addition of new accessory or incidental uses, except as provided for in this article.

26.1-51-5. Discontinuance or abandonment of a nonconforming use.

(a)

If any nonconforming use is discontinued for a continuous period of two (2) years or more, except for provisions of section 26.1-51-8, or is changed to or replaced by a conforming use, it shall lose its nonconforming status, and any further use shall conform to the provisions of this chapter.

(b)

Operation of only an accessory or incidental use to the principal nonconforming use during the two-year period shall not operate to continue the principal nonconforming use.

26.1-51-6. Permitted changes of nonconforming uses. A nonconforming use may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this section, and subject to the appropriate approvals, including building permits approval and zoning approval as required by section 26.1-53-1 of this chapter.

(a)

A nonconforming use may change to a conforming use.

(b)

A nonconforming use may change to a more restricted nonconforming use, as set forth in section 26.1-51-7 of this chapter. Nonconforming signage must change in accordance with section 21-3.1 of the City of Norton Code—Signs.

(c)

A nonconforming use may be repaired, provided such repair constitutes only routine maintenance necessary to keep the structure in the same general condition it was in when it originally became nonconforming. Unsafe nonconforming uses such as underground fuel storage tanks, private sewage disposal systems, and parking lots may be restored or replaced. Nonconforming signage may be repaired in accordance with section 21-3.1 of the City of Norton Code—Signs.

(d)

A nonconforming use damaged by casualty (as distinguished from ordinary wear and tear) may be restored in accordance with the provisions of section 26.1-51-8 of this chapter.

(e)

Minor alterations, cosmetic modifications, interior renovations and similar non-structural changes for nonconforming uses may be permitted subject to the following standards:

(1)

Such changes shall not increase the land area occupied by any aspect of the nonconforming use, and shall not increase the gross floor area of any nonconforming structure; and

(2)

Such construction shall meet all current zoning chapter requirements for the zoning district in which the nonconforming use is located.

(f)

A nonconforming use may expand only in accordance with the provisions of section 26.1-51-9 of this chapter.

(g)

No structure used as a part of a nonconforming use shall be moved to any other lot or within the lot on which it exists unless such lot is properly zoned to permit the use.

26.1-51-7. Change of a nonconforming use to a more restricted nonconforming use.

(a)

A nonconforming use may change to a more restricted nonconforming use, upon issuance by the city manager or his designee of a written approval for such a change. The approval shall include a determination that the proposed use is more restricted than the existing nonconforming use. If the city manager or his designee determines the proposed use is not more restricted than the existing nonconforming use, the application shall be denied. An appeal from such a determination may be forwarded to the board of zoning appeals as provided by section 26.1-61 of this chapter and section 15.2-2309 of the Code of Virginia.

(b)

In determining whether a proposed use is a more restricted nonconforming use, the following factors, among others, shall be considered:

(1)

Whether the proposed use will change the size, type and scope of the existing use; and

(2)

Whether the proposed use will increase the intensity of the nonconforming use, including hours of operation, traffic, noise, and similar visual impacts; and

(3)

Whether the proposed use will have a more or less detrimental effect on conforming uses in the neighborhood.

(c)

Upon the issuance of an approval to change to a more restricted nonconforming use, the procedures, as set forth in section 26.1-53-1 of this chapter, shall be followed.

26.1-51-8. Restoration of a nonconforming use damaged by casualty.

(a)

A nonconforming use that is damaged by any casualty to an extent less than fifty (50) percent of its assessed value at the time of the casualty according to the records maintained by the commissioner of revenue, exclusive of foundations, may be restored to its condition prior to the casualty, provided such restoration is begun within twelve (12) months of the date of the casualty and completed within twenty-four (24) months of the date of the casualty.

(b)

Such restoration shall not include any minor alterations, cosmetic modifications, interior renovations or similar changes unless approved under the provisions of section 26.1-51-6(e) of this chapter, nor shall such restoration include any expansion unless approved under the provisions of section 26.1-51-9 of this chapter. Such restoration may include changes that make the use less nonconforming than it was prior to the casualty.

(c)

A nonconforming use that is damaged by any casualty to an extent more than fifty (50) percent of its assessed value at the time of the casualty according to the records maintained by the commissioner of revenue, exclusive of foundations, shall not be restored except as follows:

(1)

As a conforming use.

(2)

If the use is as a single-family detached or attached dwelling, restoration shall be permitted, provided such restoration is begun within twelve (12) months of the date of the casualty and completed within twenty-four (24) months of the date of the casualty, so as to occupy the same space that it occupied prior to such destruction or damage. In no instance shall such structure be used to accommodate a greater number of dwelling units than such structure accommodated prior to any such work.

(d)

For all structures restoration of a nonconforming structure shall require approval as set forth in section 26.1-53-1 of this chapter.

26.1-51-9. Expansion of nonconforming uses. A nonconforming use occupying an existing structure may expand only in accordance with the following provisions:

(a)

An existing structure devoted to a nonconforming use shall not be enlarged, extended, constructed, reconstructed, moved or structurally altered except in accordance with section 26.1-51-8, above or by changing the use of the structure to a use permitted in the district in which it is located.

(b)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of this chapter or amendment thereto, provided that current off-street parking standards shall be adhered to upon such extension, but such use shall not be extended to occupy any land outside such building, except as provided for above and in paragraph (d) below.

(c)

Nonconforming structures occupied by, or used as a part of, a conforming use may be expanded, provided any expansion meets all current zoning regulations including off-street parking requirements for the zoning district in which the structure is located.

(d)

New or expanded structures and uses such as sheds, garages, swimming pools, the keeping of animals and outside storage accessory to nonconforming detached or attached single-family dwellings, may be permitted subject to the provisions of section 26.1-40 of this chapter.

26.1-51-10. Use of nonconforming lots.

(a)

Any unimproved lot of record, located in any zone, that is nonconforming as to the lot area or lot width, or lot depth, or combination thereof, required in the zoning district in which the lot is located may be used for any permitted use or use permitted on appeal in such zoning district, provided all other standards of the zoning district are met.

(b)

Nonconforming lots may change as follows:

(1)

A nonconforming lot may be increased in lot size, lot width, or both, to make the lot less nonconforming.

(2)

The boundaries of a lot that is nonconforming as to lot size or lot width, or both, may be adjusted along with the boundaries of any contiguous conforming lot, provided such adjustment does not make the lot more nonconforming. A boundary adjustment between two (2) nonconforming lots, or among three (3) or more nonconforming lots, shall be permitted provided that no new lot is created, and that lot width along the front setback line is not decreased to less than the minimum required within the respective zoning district as set for in this chapter.

(3)

When a nonconforming lot is changed as set forth in subsections (a) and (b), and when two (2) or more nonconforming lots are assembled to create a conforming lot, a plat of subdivision shall first be filed and approved in accordance with law.

26.1-51-11. Junkyards and automobile wrecking yards. Notwithstanding any other provision of this chapter, all nonconforming junkyards and automobile wrecking yards, as defined in section 26.1-10 shall maintain a twenty-foot setback from all property lines, and shall be screened from the view of the first story window of any abutting dwelling located in a residential or local business zone.

26.1-51-12. Mobile homes, trailer mobile homes and trailer courts.

(a)

The city recognizes that prior to the enactment of this section certain mobile homes and trailer mobile homes existed within the city. These homes may continue to exist if located in a trailer court established before the effective date of this section. If these homes are not already located in a trailer court, they may be transferred to a trailer court from a site within the city where the home has become nonconforming as a result of the enactment of this section. The transfer of a mobile home or trailer mobile home to a trailer court must occur within twelve (12) months from the date this section is enacted. No mobile homes or trailer mobile homes that are located outside of the city prior to the enactment of this section shall be permitted to be transferred into a trailer court located within the corporate limits. No mobile homes or trailer mobile homes may be transferred to a manufactured home park established after the effective date of this section.

(b)

Any mobile home or trailer mobile home remaining outside of a trailer court after the expiration of the twelve-month transfer period defined in subsection (a) above shall, upon enactment of this section, be nonconforming and consequently subject to discontinuance, in accordance with section 26.1-51.

(c)

With the exception of the transfer opportunity defined in subsections (a) and (b) above, no mobile home or trailer mobile home may be replaced by another mobile home or trailer mobile home.

(d)

For purposes of determining whether a right to continue a nonconforming trailer court is lost pursuant to this section, all of the manufactured homes, mobile homes, trailer mobile homes, operations and activities maintained within a trailer court are generally considered as a whole. For example, the failure to lease one manufactured home, mobile home or trailer mobile home site for two (2) years shall not result in a loss of right to rent that space so long as the trailer court as a whole is continuously operated.

(e)

To avoid undue hardship, nothing in this section shall be deemed to require a trailer court that has operated continuously as a whole prior to the enactment of this section to conform to the requirements contained within section 26.1-13-2(c)(3).

(Ord. of 1-5-16, § 1(Exh. A)