(a)

Nothing in this chapter shall impair any vested right. Pursuant to Code of Virginia, § 15.2-2307, a landowner's rights shall be deemed vested and shall not be affected by the subsequent amendment of this chapter if all of the following occur:

(1)

The landowner obtains or is the beneficiary of a significant affirmative governmental act;

(2)

The landowner relies in good faith on a significant affirmative governmental act; and

(3)

The landowner incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

(b)

Uses of land, buildings, structures and lots which do not conform to the regulations and restrictions prescribed by this article as of the effective date of the ordinance from which this section is derived may be continued only in conformity with the terms of this article.

(c)

This article recognizes that the elimination of existing lots, buildings and structures or uses that are not in conformity with the provisions of this article is as much a subject of health, safety, and general welfare as is the prevention of the establishment of new uses that would violate the provisions of this article. It is the intent of this article to permit these nonconformities to continue, but not to encourage their survival or permit their uses as grounds for adding other structures or uses prohibited elsewhere within the same district.

(d)

Therefore, any structure or use of land existing at the time of the enactment of the ordinance from which this section is derived, and any subsequent amendments not in conformity with the regulations and provisions of this section, may be continued only subject to the provisions of section 86-702.

(Ord. of 10-11-2011(3), § 2)

(a)

Lots of record. Where a lot or lots of record at the time of enactment of the ordinance from which this section is derived does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this chapter, the following provisions shall apply: Any lot or lots of record, in any district, at the time of enactment or amendment of this article which is less in area, or width or both than the minimum required by this article may be used for a permitted use in that district, provided that setback, side yard and requirements other than those applying to area and/or width of the lot shall conform to the regulations for the district in which such lot is located. However, when more than 50 percent of the lots in the block in which such nonconforming lots are located have dwellings constructed on them which are nonconforming as to either front, side or rear yards, the owner may apply for a special use permit. The required area for permitted uses utilizing individual water supply and/or sewage disposal systems shall be approved by the health department and additional area shall be required if considered necessary for conditions encountered.

(b)

Nonconforming structure. Where a lawful structure exists at the time of enactment or amendment of this article that could not be built in the district in which it is located by reason of restrictions on area, lot coverage, height, yard dimensions or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming building but no such building that is declared by any authorized town official to be unsafe or unlawful by reason of physical condition shall be restored, repaired or rebuilt except as set forth in subsections (b)(3)a. and (b)(3)b. of this section.

(2)

In accordance with Code of Virginia, § 15.2-2307, the owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God may repair, rebuild, or replace such building, and in so doing, eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so.

(3)

Furthermore, a nonconforming building that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its current fair market value according to the records of the county treasurer, exclusive of foundations, may be restored within two years after such destruction or damage but shall not be enlarged except as provided in this section. If any such building is so destroyed or damaged to an extent exceeding 50 percent of its value, it shall not be reconstructed except:

a.

In conformity with the regulations for the district in which it is located.

b.

If the nonconforming building is a single-family detached dwelling, in which event it may be reconstructed within two years after such destruction or damage so as to occupy the same space that it occupied prior to such destruction or damage of any part.

(4)

A nonconforming structure may be enlarged or altered, provided that such enlargement or alteration does not create a nonconformity which did not previously exist. Any structure or portion thereof may be altered to decrease its nonconformity.

(5)

Should a nonconforming structure be moved, it shall thereafter conform to the yard requirements of the district in which it is located after it is moved.

(6)

Any manufactured home or mobile home existing in a district as a nonconforming use may be replaced once with a later model manufactured home, provided that the later model manufactured home is located on the site of the replaced home.

(c)

Nonconforming uses of land. Where a lawful use of land exists at the time of enactment of the ordinance from which this section is derived or any subsequent amendment thereto that would not be permitted by the regulations imposed in this section, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

After obtaining a special use permit pursuant to section 86-7, a nonconforming use may be enlarged or increased or extended to occupy a cumulative area not exceeding 25 percent of the area that was occupied at the time of enactment of the ordinance from which this section is derived.

(2)

No such nonconforming use shall be moved, in whole or in part, to any portion of the lot or parcel other than that occupied by such use at the time of enactment of the ordinance from which this article is derived.

(3)

No additional structure not conforming to the requirements of this article shall be constructed in connection with such nonconforming use.

(d)

Nonconforming uses of structures. Where a lawful use of an individual structure, or of structures and premises in combination, exists at the time of enactment of the ordinance from which this section is derived, or from any subsequent amendment that would not be permitted in the district in which it is located under the requirements of this article, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

With the exception of pre-existing class B manufactured homes or class C mobile homes which may not be enlarged, the enlargement, extension or alteration of a structure devoted to a nonconforming use existing at the time of enactment of or amendment to the ordinance from which this section is derived is permitted after obtaining a special use permit pursuant to section 86-7, provided that such enlargement shall not exceed 25 percent in the aggregate of the floor area of the original structure devoted to the nonconforming use, and provided that all yard and other appropriate requirements of this article are met. The provision shall not apply to the changing of the use of a structure to a conforming use.

(2)

Any nonconforming use may be extended to occupy any part of a building that was manifestly arranged or designated for such use at the time of the effective date of the ordinance from which this section is derived, but no such use shall be extended to occupy any land outside such building.

(3)

A building in which a nonconforming use is conducted that is destroyed or damaged by any casualty to an extent not exceeding 50 percent of its current fair market value according to the records of the county treasurer, exclusive of foundations, may be restored within two years after such destruction or damage but shall not be enlarged except as provided in this subsection (d)(3)a. or (d)(3)b. If any such building is so destroyed or damaged to an extent exceeding 50 percent of its value, it shall not be reconstructed except:

a.

For a conforming use.

b.

If the nonconforming use of the building is a single-family detached dwelling, it may be reconstructed within two years after such destruction or damage so as to occupy the same space that it occupied prior to such destruction or damage of any part.

(4)

If a building in which a nonconforming use is conducted is moved for any distance, for any reason, the future use of such building shall be in conformity with the regulations specified for the zoning district in which such building is located.

(5)

If any building in which any nonconforming use is conducted is removed, the subsequent use of land on which such building was located and the subsequent location and use of any building thereon shall be in conformity with the regulations specified for the zoning district in which such land is located.

(Ord. of 10-11-2011(3), § 2)

(a)

If any nonconformity of any type ceases for any reason for a continuous period of two years or more or is changed to or replaced by a conforming use, the land and building that occupied such nonconforming use shall be subject to all the regulations as to use for the zoning district in which such land and building are located as if such nonconforming use had never existed.

(b)

No use which is accessory to a principal nonconforming use shall continue after such principal use shall cease or terminate.

(c)

The rights of a nonconforming use or building shall pertain to the use or building itself, regardless of the ownership of the land or building on or in which such nonconforming use or building is conducted or the nature and tenure of the occupancy.

(d)

All of the provisions of this section relating to nonconforming uses and buildings shall apply to all nonconforming uses and buildings existing on the effective date of the ordinance from which this chapter is derived. The provisions shall not apply, however, to any use established or building constructed in violation of law, regardless of the time of establishment.

(Ord. of 10-11-2011(3), § 2)

Nothing contained in this article shall require any change in the plans, construction, size, or designated use of any building, structure, or part thereof for which a building permit has been granted before this article, or a subsequent zoning change, becomes effective, provided that such building is started within one year, or such use of land established within 30 days after the effective date of the ordinance from which this chapter is derived.

(Ord. of 10-11-2011(3), § 2)

Whenever the boundaries of a district are changed, any uses of land or buildings which become nonconforming as a result of such change shall become subject to the provisions of this article.

(Ord. of 10-11-2011(3), § 2)