Except as otherwise provided in this Chapter or as modified through a zoning or development approval, land, buildings, structures or premises shall only be used, and buildings shall only be erected or altered, in conformity with this Chapter’s regulations.

1. A.
   Generally. Except as otherwise provided in this Chapter, any lawful use, building, or structure existing at the time of an amendment of this Chapter may be continued even though such use, building, or structure may not conform to this Chapter's provisions and shall be deemed nonconforming. A change in occupancy or ownership shall not affect the right for the use to continue or the building or structure to remain. A building permit, conditional use, special use permit, use permit, or special exception lawfully granted before January 1, 2026 shall not be affected by this provision.
2. B.
   Enlargement, Extension, Reconstruction, Substitution, or Structural Alteration of Nonconforming Use. Except where otherwise provided, a nonconforming use, building or structure shall not be enlarged, extended, reconstructed, substituted, or structurally altered except when required by law or lawful order or as follows:

   1. 1.
      The use is changed to a use permitted in the district in which it is located;
   2. 2.
      A nonconforming use may be extended throughout any part of a building or structure which was arranged or designed for the use on or before January 1, 2026, provided there are no structural alterations, expansion or enlargement except those required by law or lawful order;
   3. 3.
      A building or structure that is conforming as to use, but is nonconforming as to the requirements of this Chapter, including floor area, lot, yard, road frontage, distance, parking, loading spaces, fences, signs, or height requirements may only be enlarged or structurally altered if the alteration or enlargement complies with this Chapter;
   4. 4.
      A nonconforming use which has ceased for more than two years shall not again be used for a nonconforming use; and
   5. 5.
      Additionally, a nonconforming building or structure shall include those circumstances where:

      1. a.
         The County has issued a building permit or other permit authorizing construction and the building or structure was constructed in accordance with the building permit, and upon completion, the County issued a certificate of occupancy; or
      2. b.
         A property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code (§ 36-97 et seq.); or
      3. c.
         The owner of the building or structure has paid real estate taxes to the County for such building or structure for a period of more than the previous 15 years. 
   6. 6.
      Any such building or structure may be brought into compliance with the Uniform Statewide Building Code without affecting the nonconforming status of the building or structure.
   7. 7.
      Additionally, a nonconforming building or structure shall include those circumstances where:

      1. a.
         A permit was not required and an authorized governmental official informed the property owner that the structure would comply with the Zoning Ordinance; and
      2. b.
         The improvements were then constructed accordingly. In any proceeding when the authorized County official is deceased or unavailable to testify, uncorroborated testimony of the oral statement of such official shall not be sufficient evidence to prove that the authorized County official made such statement.
   8. 8.
      A nonconforming building or structure may be repaired, rebuilt or replaced after being damaged or destroyed by a natural disaster or other Act of God or accidental fire provided that:

      1. a.
         The nonconforming features are eliminated or reduced to the extent possible, without the need to obtain a variance or other zoning approval;
      2. b.
         The requirements of the floodplain regulations of this chapter are met; and
      3. c.
         The work is done within two years unless the building is in an area under a federal disaster declaration and was damaged or destroyed as a direct result of the disaster, in which case the time period shall be extended to four years. For purposes of this Section, "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. Nothing herein shall be construed to enable the property owner to commit an arson under the Code of Virginia and obtain vested rights under this Section.
   9. 9.
      A nonconforming manufactured home within a manufactured home park may be replaced with another comparable manufactured home that meets the HUD manufactured housing code. In such circumstances, a newer single-section home may replace a single-section home and a multi-section home may replace a multi-section home.
   10. 10.
        A nonconforming manufactured home located on an individual lot or parcel may be replaced with a newer manufactured home, either single- or multi-section, that meets the HUD manufactured housing code.

1. A.
   Generally. Any sign not lawfully existing prior to January 1, 2026 shall not become a legal sign by the enactment of this Chapter. Any sign lawfully existing prior to January 1, 2026 which does not comply with the requirements of this Chapter shall be deemed to be a nonconforming sign and may continue subject to the provisions of this Section provided the sign is properly maintained. Notwithstanding the foregoing, a nonconforming outdoor advertising sign is governed by Sec. 19.2-43.
2. B.
   Enlargement, Extension, Reconstruction, Substitution, or Structural Alteration of Nonconforming Sign. Except where otherwise provided and as follows, a nonconforming sign shall not be enlarged, extended, reconstructed, substituted, or structurally altered, except when required by law or lawful order, unless the following conditions are met:

   1. 1.
      The sign is repaired or refurbished at a cost of 35% or less of the replacement cost of the total sign structure. Costs associated with normal maintenance and re-facing of outdoor advertising signs shall not be deemed to be repair or refurbishing;
   2. 2.
      The sign is damaged to an extent where the estimated reconstruction cost is less than 50% of the appraised value. If a sign is damaged by fire, flood, explosion, earthquake, war, riot, storm, or act of God to an extent where the estimated reconstruction is less than 50% of the appraised value, it may be restored or reconstructed as before, provided the work is done within two years after the damage occurs;
   3. 3.
      The sign may be refaced provided the existing sign does not exceed the size or height limitations of this Chapter by 100% or more;
   4. 4.
      A new tenant in a multi-tenant building may erect new building mounted signs in conformance with this Chapter without affecting the nonconforming status of other signs on the building;
   5. 5.
      A sign may be replaced provided the area and height of the new sign is 50% or less of the size and height by which the original sign exceeded this Chapter’s requirements and all other requirements of this Chapter are met; and
   6. 6.
      A nonconforming sign may be relocated on the premises if the sign's location falls within an expanded or acquired right-of-way.

This Chapter does not authorize the impairment of any vested right. [Reference: Code of Virginia § 15.2-2307.A and B]

1. A.
   Applicability. This Section applies to lots recorded prior to the adoption of this Chapter.
2. B.
   Residential Lots. A recorded lot as of January 1, 2026, may use the least stringent bulk standards of the zoning district, unless otherwise specified by conditions of zoning. Lots and dimensional standards developed pursuant to this Section are considered conforming to this Chapter and are not considered nonconforming. Existing recorded residential lots within subdivisions shall not be further subdivided unless approved through a zoning process. 
3. C.
   Properties within a Residential District. 

   1. 1.
      SR, SC, and SU Districts. Properties zoned R-88, R-40, R-25, R-15, R-12, R-9, R-7 but not subdivided prior to January 1, 2026 shall be required to use the following bulk standards, unless otherwise specified through a zoning approval or use permit.

      1. a.
         R-88: SR Base
      2. b.
         R-40: SR Option 1
      3. c.
         R-25: SR Option 2
      4. d.
         R-15: SC Base
      5. e.
         R-12: SC Option 1
      6. f.
         R-9: SC Option 2
      7. g.
         R-7: SU Base  
   2. 2.
      TR and AR Districts. Properties zoned R-TH, R-MF, MH-1, MH-2, or MH-3 prior to the January 1, 2026, are capped at a density of 10 units per acre unless otherwise specified through a zoning approval or use permit.
4. D.
   Utilities.  None of the following shall be required by this Chapter to connect to public water and/or public wastewater, unless County Code Sec. 18-60, a previously approved zoning condition, or proffer requires such connection. 

   1. 1.
      Unimproved property within a subdivision recorded prior to 1/1/26.
   2. 2.
      Expansion or replacement of a dwelling within a subdivision recorded prior to 1/1/26.
   3. 3.
      Unimproved property with a valid site plan approved prior to 1/1/26.
   4. 4.
      Minor expansion of a nonresidential use, or change of nonresidential use, provided that the continued use and/or expansion of the private water and/or wastewater systems is approved by the Health Department. 
5. E.
   Temporary Continuation of Uses for Former C-5, I-1, I-2, and I-3 Properties. 

   1. 1.
      Until January 1, 2031, any use permitted by right or with restrictions in the former C-5, I-1, I-2, and I-3 districts designated in Chapter 19.1 is permitted by right or with restrictions, even if that use is not a permitted use in the corresponding district established in Chapter 19.2. The following uses are not included:

      1. a.
         automobile sales excluding consignment lot;
      2. b.
         data center;
      3. c.
         motor vehicle sales;
      4. d.
         motor vehicle rental; 
      5. e.
         truck rental;
   2. 2.
      The use permission established by Subsection 1 does not apply if the use is prohibited by a condition of zoning.
   3. 3.
      The use permission established by Subsection 1 applies only to uses and not development standards.  All uses are subject to all development standards of Chapter 19.2
   4. 4.
      Uses established by Subsection 1 shall be considered conforming to this Chapter and are not considered nonconforming until the expiration of the five year period. Upon such expiration, all established uses shall be considered nonconforming and subject to the restrictions applicable to nonconforming uses in Article 6 and state law.
   5. 5.
      Conditional uses and applications for conditional use for those projects not meeting any requirement for a restricted use in Chapter 19.1 are not eligible for this continuation.

(ZO-2025-002, Relative to Auto Sales, Required Utility Connections, and Site Plans, adopted 12/17/2025, effective 01/01/2026) 

Properties which had their zoning classifications changed by an ordinance effective as of January 1, 2026 shall be subject to the requirements of this Chapter, except as follows:

1. A.
   The following land use decisions made between January 1, 1973, and January 1, 2026 remain in effect:

   1. 1.
      Variances, except that, to the extent that a change in zoning classification effective as of January 1, 2026 rendered a previous variance decision unnecessary, then the standards of this Chapter shall apply;
   2. 2.
      Conditional Uses;
   3. 3.
      Conditional Use Planned Developments;
   4. 4.
      Special Exceptions; and
   5. 5.
      Manufactured Home Permits.
2. B.
   Conditions imposed or accepted as part of the following land use decisions made between January 1, 1973, and January 1, 2026 and further sign conditions imposed or accepted as part of the following land use decisions made between January 13, 1994 and January 1, 2026 shall remain in effect. However, if there is a conflict between the conditions imposed or accepted by those land use decisions and this Chapter, the conditions shall apply. If there is no condition that addresses a specific use or development standard of this Chapter, the use and development standards of this Chapter shall apply.

   1. 1.
      Rezonings;
   2. 2.
      Variances, except that to the extent that a change in zoning classification adopted on January 1, 2026 rendered a previous variance decision unnecessary, then the standards of this Chapter shall apply;
   3. 3.
      Conditional Uses;
   4. 4.
      Conditional Use Planned Developments;
   5. 5.
      Special Exceptions; and
   6. 6.
      Manufactured Home Permits.
3. C.
   Nothing herein contained shall be construed to effect any building permit lawfully granted before this Chapter becomes effective nor any authorization of a special use permit or use permit lawfully granted before this Chapter becomes effective.