If, at the time of the adoption of this chapter or any amendment thereto, any use, lot, or structure is being used in a manner or for a purpose which does not conform to the regulations of the district in which it is located, but which was legal at the time of its creation and which is not prohibited by any other law or ordinance, the use, lot, or structure may be continued, without regard to any change of occupancy or ownership. Such use, lot, or structure shall be deemed a nonconforming use and shall be subject to the provisions of this article.

(Ord. No. 02-16, 9-17-02)

(a)

Enlargement or extension. A nonconforming use shall not be enlarged, extended, reconstructed, or structurally altered except in conformance with the provisions of this section.

(1)

Structural additions, either attached or detached, may be made to single-family detached residences located in non-residential districts provided that such additions comply with all applicable setback and yard requirements for the district in which located and that the minimum open space provisions for said district are observed.

(2)

No other nonconforming uses shall be enlarged or extended in any way except and unless the board shall authorize such enlargement or expansion through the issuance of a special exception which shall be processed and administered in the same way as are special use permits, provided, however, in addition to the standards set out in article I, the board shall consider whether the character of the existing use will be preserved in the event of the proposed enlargement. All owners of property located within five hundred feet (500') of the subject parcel, whether abutting or not, shall be sent notice of public hearings pertaining to the request. In no case shall the nonconforming use be permitted to expand by more than fifty percent (50%) of its size measured in building floor area on the date that it became nonconforming.

(b)

Discontinuance. In the event a nonconforming use ceases for any reason for a period of more than two (2) consecutive years, such nonconforming use shall not be reestablished. For purposes of this section, the term "discontinued" shall mean a cessation of a use or of any portion of a use, regardless of any intent by the user or owner to reestablish the use in the future. Discontinuance shall not be synonymous with abandonment and this shall be construed to incorporate both time and place, such that if the nonconforming use ceases in a particular structure or location for more than two (2) years even though it continues elsewhere on the same lot or parcel, the nonconforming use may not be reestablished in the structure or location where it was discontinued.

(c)

Damage or destruction. In the event a nonconforming use, or the structure(s) associated with that nonconforming use, is damaged or destroyed by a natural disaster or other cause beyond the control of the owner, such use and associated structure(s) may be reestablished or reconstructed within two (2) years of the date of such damage or destruction provided, however, that such reestablishment or reconstruction shall not have the effect of enlarging or extending the nonconforming use or associated structure(s), unless in conformance with the provisions of section 24.1-801(a) above. However, if the nonconforming use is in an area under a federal disaster declaration and the damage or destruction is a direct result of the conditions that gave rise to the declaration, then the allowable timeframe for reestablishment or reconstruction shall be four (4) years. For a use which is dependent upon occupancy of a destroyed or damaged structure, the use shall be deemed to be reestablished upon the issuance of a building permit for the structure, provided the completion of the structure is thereafter diligently pursued. In the event the use does not involve a structure, the actual operation and conduct of the use shall be the measure of reestablishment. After two (2) years, or four (4) years if applicable, of the damage or destruction, all nonconforming use rights shall be lost.

Reconstruction of structures pursuant to the above provisions shall be in compliance with the terms of the Virginia Uniform Statewide Building Code and all applicable terms of the Floodplain Management Overlay District regulations (section 24.1-373 of this chapter) and in a manner that eliminates or reduces nonconforming features to the extent possible. The reconstruction of any nonconforming structures shall be in accordance with the terms of section 24.1-802.

Nothing in this section shall be construed to prohibit normal and ordinary repairs and maintenance for a structure housing a nonconforming use. However, owner-initiated demolition and rebuilding/reconstruction of all or any structural portion of a building housing such use, shall not be permitted unless the need for demolition is the result of a natural disaster or other cause beyond the control of the owner.

Nothing in this section shall be construed to prevent the removal of a valid nonconforming manufactured housing unit from property and its replacement with another comparable manufactured housing unit in accordance with section 24.1-802(c).

(d)

Changes in use. A nonconforming use may at any time, upon approval of a site plan submitted in accordance with article V of this chapter, be changed to a conforming use or to a use which is more nearly conforming with the regulations of the district in which it is located.

(e)

Movement. Except as provided in section 24.1-801(a) above, no nonconforming use shall be moved in whole or in part on the same lot or parcel or to any other lot or parcel which is not properly zoned to permit such use.

(f)

Construction. Except as provided in section 24.1-801(a) above, no additional structures which do not conform to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(g)

Rezoning/Special Use Permit. If a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and

(ii)

the holder of such business license has operated continuously in the same location for at least 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 for fees associated with such filing.

(Ord. No. 02-16, 9-17-02; Ord. No. 08-17(R), 3-17-09; Ord. No. 16-11, 10-4-16)

(a)

Enlargement or alteration. No structure which is nonconforming by reason of a conflict with the setback, yard, height or similar regulations of the district in which located may be enlarged, extended, structurally altered or moved in any way which increases its nonconformance with the applicable setback, yard, height or similar regulations of the district in which located. Except as may be provided in article II relative to front yards in built-up areas, any addition to nonconforming structures shall comply in all respects with the applicable setback, yard, height or similar regulations of the district in which located.

(b)

Damage or destruction. A nonconforming structure which is damaged or destroyed by a natural disaster, act of God, or other cause beyond the control of the owner may be reconstructed at the location of its original foundation, or at a location on the lot which is conforming or more nearly conforming provided that such reconstruction occurs within two (2) years of such damage or destruction and provided that a site plan submitted in accordance with article V of this chapter is approved. If such building is damaged greater than 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 local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program. However, if the nonconforming building or structure is in an area under a federal disaster declaration and the damage or destruction is a direct result of the conditions that gave rise to the disaster declaration, then the allowable timeframe for reestablishment or reconstruction shall be four (4) years. Repair, rebuilding or replacement of structures shall be in compliance with the terms of the Virginia Uniform Statewide Building Code and all applicable terms of the Floodplain Management Overlay District regulations (section 24.1-373 of this chapter) and in a manner that eliminates or reduces nonconforming features to the extent possible. Reconstruction shall be deemed to have occurred upon the issuance of a building permit for the structure, provided that completion is thereafter diligently pursued. If a building permit has not been issued for such reconstruction within two (2) years or four (4) years if applicable, of the damage or destruction, then such structure may be reconstructed only in full accordance with all normally applicable provisions of this chapter.

For purposes of this section, "act of God" shall include any natural disaster or phenomenon 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 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. Nothing herein shall be construed to enable the property owner to commit an arson under Code of Virginia section 18.2-77 or 18.2-80, and obtain vested rights under this section.

Nothing in this section shall be deemed to prohibit normal and ordinary repairs and maintenance for a nonconforming structure. However, owner-initiated demolition and rebuilding/reconstruction of all or any structural portion of a nonconforming structure, shall not be permitted unless the need for demolition is the result of a natural disaster or other cause beyond the control of the owner.

(c)

Special provisions for manufactured housing units. Nothing in this section shall be construed to prevent the removal of 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, provided that the degree of nonconformity with any yard or setback requirements applicable to the district in which located does not increase. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. If the nonconforming mobile or manufactured home is located on a property not within a mobile home park, it may be replaced with a newer manufactured home, either single or multi-section, that meets the current HUD manufactured housing code and provided that any nonconformity with yard or setback requirements does not increase. Such replacement unit shall retain the valid nonconforming status of the home.

(d)

Other provisions of this Chapter notwithstanding, when the owner of a building which would normally be considered not to meet the criteria for a legally existing nonconforming structure can document that:

(1)

such building was permitted by a Building Permit issued by York County and that the building was constructed in accordance with the Building Permit and was issued a Certificate of Occupancy by the County, or

(2)

the owner of such a building has paid taxes to the County for such building for a period of more than the previous fifteen (15) years; then such building shall be deemed to be nonconforming, but not illegal, provided that it is brought into compliance with the Uniform Statewide Building Code.

(e)

Other provisions of this Chapter notwithstanding, where York 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, such improvement, if not in conformance with this chapter, shall be deemed to be nonconforming, but not illegal.

(Ord. No. 02-16, 9-17-02)(Ord. No. 03-31, 8-5-03; Ord. No. 08-17(R), 3-17-09; Ord. No. 09-15, 8-18-09; Ord. No. 10-24, 12-21-10; Ord. No. 14-21, 11-18-14)

Except as may be provided in section 24.1-801(a), structures accessory to a nonconforming principal use shall not be established or enlarged, and the character of uses accessory to a nonconforming principal use shall not be changed.

(Ord. No. O98-18, 10-7-98)

Where a lot of record, existing at the time of adoption of this chapter or amendments thereto, does not conform to the area, width or other dimensional requirements of this chapter, such lot shall be deemed a nonconforming lot of record and shall be subject to the requirements of the applicable district in effect at the time of application for development approval, provided, however, that where a lawfully recorded subdivision plat establishes and depicts minimum building setback lines that were legal at the time of recordation, the recorded minimum setback may be used provided that the front setback is not less than thirty feet (30').

In all other situations, the following standards shall apply:

(a)

Residential districts. Nonconforming lots in residential districts may be used for any permitted use provided that the following minimum yard requirements are observed:

(1)

Front yard. The normally applicable dimension shall be effective and shall not be reduced in depth, unless the standards in section 24.1-222 are met. However, where the front yard setback of an existing structure is nonconforming, but not less than thirty feet (30'), additions to such structure may be constructed at the same setback as the existing structure.

(2)

Side yard. The normally applicable dimension may be reduced by one foot (1') for each two feet (2') of deficiency in the lot width, but in no case shall any side yard be less than ten feet (10') in width.

(3)

Rear yard. The normally applicable dimension may be reduced to not less than fifteen percent (15%) of the lot depth, or fifteen feet (15'), whichever is greater.

(b)

Commercial or industrial districts. Nonconforming lots in commercial or industrial districts may be used for any permitted use provided that the following minimum yard requirements are observed:

(1)

Front yard. The normally applicable dimension shall be effective and shall not be reduced in depth, unless the standards in section 24.1-222 are met. However, where the front yard setback of an existing structure is nonconforming, but not less than forty feet (40'), additions to such structure may be constructed at the same setback as the existing structure.

(2)

Side yard. The normally applicable dimension or not less than ten percent (10%) of the lot width, whichever is less.

(3)

Rear yard. The normally applicable dimension or not less than fifteen percent (15%) of the lot depth, whichever is less.

(c)

None of the adjustments authorized herein shall be construed to supersede or repeal any special setback, landscape yard, or transitional buffer requirements established and applicable under other provisions of this chapter.

No provision of this chapter shall be construed to affect the validity of any of the following:

(a)

Any building permit legally issued prior to the adoption of this chapter or amendments thereto, provided that all of the terms and conditions of such permit are observed.

(b)

Any site plan which received either preliminary or final approval prior to the adoption of this chapter or amendments thereto, provided that all time limitations relative to the period of validity of said plan approval are observed.

(c)

Any special use permit lawfully authorized by the board prior to the adoption of this chapter or amendments thereto, provided that all of the terms and conditions of such permit are observed. Any use legally established by use permit which subsequently becomes nonconforming may be enlarged or expanded only in accordance with the provisions of section 24.1-801(a) of this chapter.

(d)

Subdivisions granted approval prior to the adoption of this chapter or amendment thereto, may proceed to record provided that all of the terms and conditions of plan approval, including time limits, are observed, and that the minimum lot size and lot width may be in accordance with the area and dimensional requirements existing at the date of such approval. Upon recordation of the subdivision plat, any lot not complying with the area or lot width requirements of the then current zoning classification shall be deemed a lawfully nonconforming lot of record and the front setbacks, and side and rear yard requirements for such lots may be adjusted as allowed by the terms of Section 24.1-804. An approved preliminary subdivision plat, duly signed and dated by the agent, as defined in the subdivision ordinance, shall constitute approval for the purpose of this section if executed in accordance with all applicable laws.

(e)

Any approval of a planned development granted prior to the adoption of this chapter or amendment thereto. Such development may proceed to record provided that all of the terms and conditions of the approval, including time limits, are observed. An approved detailed plan for at least one (1) section of the development shall constitute approval for the purpose of this section.

(Ord. No. 01-20(R), 10-16-01; Ord. No. 08-17(R), 3-17-09)