The purpose of this article is to regulate nonconforming uses, buildings, structures, and lots. The intent of this article is to:

(a)

Permit such nonconforming uses, buildings, structures and lots to remain under the terms and conditions of this article, until removed, discontinued, abandoned, or changed to conform with this chapter;

(b)

Recognize that nonconforming uses, structures, and lots are generally incompatible with the character of the districts in which they occur and, as such, the nonconforming uses should gradually be removed in favor of uses, buildings, structures, and lots that conform to this chapter.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Lots, buildings, structures, and uses of land, which were lawful before this chapter was adopted or amended but which would not be permitted under the terms of this chapter or amendments, are considered valid nonconforming uses.

(b)

A valid nonconforming use, building, structure, or lot may be continued only so long as the then existing or a more restricted use continues, and such use is not discontinued for more than two (2) years, subject to provisions in this article concerning discontinuance for more than two (2) years under limited circumstances, and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures shall conform to such regulations whenever, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code. Further, no nonconforming use may be expanded, and no nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such use.

(c)

Upon approval of a rezoning for property located in the county, any legal use that was occurring on the subject property at the time of the approval may continue in operation until such time as development of the property commences. If the development is done in phases, commencement would be considered when development is begun on that phase. However, at onset of development, the use shall meet the requirements of the zoning for which it was rezoned, including any proffered conditions, for the property or a phase of the property undergoing development.

(P.C. Ord. No. 14-03, 9-24-14)

An owner of a 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 zoning 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 Uniform Statewide Building Code and any work done to repair, rebuild or replace such building or structure shall be in compliance with the provisions of all applicable floodplain regulations. Unless such building or structure is repaired, rebuilt or replaced within two (2) years of the date of the natural disaster or other act of God, such building or structure shall only be repaired, rebuilt or replaced in accordance with the provisions of this chapter. However, if the nonconforming building or structure is in an area under a federal disaster declaration and the building or structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years to repair, rebuild or replaced as otherwise provided in this article.

(P.C. Ord. No. 14-03, 9-24-14)

For purposes of this article, "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. For purposes of this article, 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 owner to commit an arson and obtain vested rights under this article.

(P.C. Ord. No. 14-03, 9-24-14)

Where a lot of record existing prior to October 1, 2014, does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this chapter, the following provisions shall apply:

(a)

When two (2) or more adjoining and vacant lots with continuous frontage are in single ownership at the time of the enactment of this chapter or amendments thereto, and each of such lots have a width or lot area less than is required by the district in which they are located, such lots may be utilized as one (1) or more building sites provided all applicable requirements of this chapter are met and the common lot line is vacated;

(b)

Where a single nonconforming lot of record at the time of enactment or amendment of this chapter is not of continuous frontage with other lots in the same ownership, such lots may be used as a building site, provided the yard dimensions and requirements other than those applying to area or width of the lot shall conform to the regulations for the district in which such lot is located. Variances of yard requirements may be obtained only through appeal to the board of zoning appeals, as outlined in article X, procedures.

(P.C. Ord. No. 14-03, 9-24-14)

(a)

Nothing in this article shall be construed to prevent the landowner or homeowner from removing a valid nonconforming manufactured home from a manufactured home park or manufactured home subdivision and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such manufactured home park, a single-wide home may replace a single-wide home and a multi-wide home may replace a multi-wide home.

(b)

Nothing in this article shall be construed to prevent the landowner or homeowner from removing a valid nonconforming manufactured home not located in a manufactured home park and replacing that manufactured home with either a single-wide or double-wide manufactured home that meets the current HUD manufactured home code or with a single-family dwelling meeting the Virginia Uniform Statewide Building Code as long as the new manufactured home or single-family dwelling does not become more nonconforming. Any such replacement home shall retain the valid nonconforming status of the prior home.

(P.C. Ord. No. 14-03, 9-24-14)

Nothing in this section shall be construed to prevent Rockingham County, after making a reasonable attempt to notify a property owner, from ordering the removal of a nonconforming sign that has been abandoned. For the purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for at least two (2) years. If, following the two-year period, the county has made a reasonable attempt to notify the property owner, the county through its own agent and employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the locality from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.

(P.C. Ord. No. 14-03, 9-24-14)