(a)

If on November 1, 1988, any legal activity is being pursued or any lot or structure is legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as provided in this chapter.

(b)

If any change in title or possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(c)

If any nonconforming use, structure, or activity is discontinued for a period exceeding two years after November 1, 1988, it shall be deemed abandoned, and any future use shall conform to the requirements of this chapter. (Code of Virginia, § 15.2-2307) (Amdmt. No. O-02-8, 10-1-02)

(1)

The owner of any nonconforming use, structure, or activity which is discontinued may, prior to the end of the two-year period, obtain an automatic additional two-year extension in the right to resume such nonconforming use, structure, or activity without such use or activity being deemed abandoned, by providing to the county a proper written request on a form supplied by the zoning administrator. (Amdmt. No. O-02-8, 10-1-02)

(2)

For persons stationed outside the county in active military service, who function as the owner or operator of a nonconforming use, structure or activity, such use, structure or activity shall not be deemed abandoned if use is resumed within 90 days of final discharge.

(3)

The owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God shall be permitted to repair, rebuild, or replace the nonconforming building or use to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building or use can not be repaired, rebuilt, or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. All work shall be in compliance with the Uniform Statewide Building Code and floodplain regulations. (Amdmt. No. O-09-3, 5-19-09)

(d)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to November 1, 1988, are excluded.

(e)

Nothing in this article shall be construed to permit a change in the character of any nonconforming use, structure or activity or any enlargement, extension, reconstruction or structural alterations which are not in compliance with this chapter.

The construction or use of a nonconforming building or land area for which a legal building permit was issued prior to November 1, 1988, may proceed, provided such building is completed or substantially completed within one year or such use of land established within 30 days of November 1, 1988, such date being the date of adoption of this chapter.

Any lot of record existing on November 1, 1988, which is less in area or width than the minimum required by this chapter may be used when the requirements of this chapter regarding setbacks and side and rear yards are met. (Amdmt. No. 98-1, 4-21-98)