The purpose of this article is to regulate nonconforming uses, structures, and lots, with the intent of these regulations being as follows:

(a)

To permit nonconforming uses, structures, and lots to remain until removed, discontinued, abandoned, or changed to conform to the regulations of this appendix;

(b)

To recognize that nonconforming uses, structures, and lots are generally incompatible with the character of the districts in which they occur and, as such, in certain circumstances, such continuances should not be indefinite and that the nonconforming uses should gradually be removed in favor of uses, structures, and lots that conform to this appendix and the official zoning map; and

(c)

To recognize that nonconforming uses, structures, and lots need not be entirely unchanged, and that under certain circumstances may change according to law and the provisions of this appendix.

(a)

Within the districts established by this appendix or by amendments thereto, there exists or may exist lots, structures, uses of land and structures, and characteristics of use which were lawful before this appendix was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this appendix or future amendment. Some of such structures, lots, and uses are considered nonconforming. A nonconforming use, structure, or lot may continue, as it existed when it became nonconforming, until removed, discontinued, abandoned, or changed to conform to the regulations of this appendix.

(b)

Change in title of possession, or renewal of a lease of, any such nonconforming lot, structure, or use does not affect the nonconforming status of such lot, structure, or use.

(c)

Except as provided within this article, no nonconforming use, structure, or lot shall be changed, moved, increased, enlarged upon, expanded, extended, or resumed after removal, discontinuance, or abandonment, or used as grounds for adding other lots, structures, uses of land and structures, or characteristics of use not in keeping with the regulations for the district in which such nonconformity exists.

(d)

When the use of property becomes nonconforming as a result of the adoption or enforcement of the provisions of this appendix, the owner of such property shall obtain a zoning permit and a certificate of occupancy pursuant to sections 9-22 and 9-23 [of this appendix].

To avoid undue hardship, nothing in this appendix shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun or an affirmative governmental act has been obtained as set forth in section 1-8 [of this appendix] prior to the effective date of adoption or amendment of this appendix and upon which actual construction has been diligently pursued. "Actual construction" is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing structure has been substantially begun preparatory to new construction, such demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently until the completion of the new construction involved, within any time limit set by a zoning permit or building permit issued under regulations in effect before passage of [the ordinance from which this appendix is derived].

Any lot, legally in existence at the time this appendix was adopted, which does not meet the minimum lot area or minimum lot width or lot frontage requirements of the district in which it is located, as set forth in article 4 of this appendix, may be developed or redeveloped for any principal use permitted in that district, provided that such lot is developed in conformance with all other requirements of this appendix. Except for minimum lot area, lot width, or lot frontage requirements, nothing contained in this section shall be construed to permit less than full compliance with any other requirements of this appendix.

(a)

Continuation of nonconforming structure. Where a lawful structure exists at the time of passage or amendment of this appendix, which structure could not be built under the terms of this appendix by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as the structure is maintained in its then structural condition and is not enlarged or altered in any way which increases any nonconforming characteristic of the structure or nonconforming characteristic of its location on the lot.

(b)

Moving nonconforming structure. Should such nonconforming structure be moved for any reason for any distance on the same lot or to any other lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved. However, a nonconforming sign may be relocated on the same property if such sign was moved due to highway, utility, or other construction for public purposes.

(c)

Repair or replacement of nonconforming structure after damage or destruction by accidental fire or natural disaster. The owner of any nonconforming structure which is damaged or destroyed by an accidental fire, natural disaster or other act of God, or any other accidental means may repair, rebuild, or replace any such structure to its original nonconforming condition as long as the structure is not enlarged or altered in any way which increases its nonconforming characteristic. 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 Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such structure shall be in compliance with the provisions of article 5 [of this appendix], Floodplain Overlay District. Unless such structure is repaired, rebuilt, or replaced within two years of the date of the accidental fire, natural disaster or other act of God, or other accidental means which directly caused its damage or destruction, except as set forth in subsection [(c)[(1) of this section, such structure shall only be repaired, rebuilt, or replaced in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming structure is in an area under a federal disaster declaration and the 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 years for the structure to be repaired, rebuilt, or replaced as otherwise provided in this subsection. 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, earthquake, or fire caused by lightning or wildfire. Nothing herein shall be construed to enable the property owner to commit arson under Code of Virginia, §§ 18.2-77 or 18.2-80, as amended, and obtain vested rights under this section. "Accidental means" shall not include any intentional act by the property owner to damage or destroy the structure.

(1)

Upon written application submitted by the owner of the damaged or destroyed structure, as of the date of the accidental means which directly caused the structure's damage or destruction as set forth in subsection (c) of this section or his successors in title or under law, prior to the expiration of the two years for repair, rebuild, or replacement as set forth in subsection (c) of this section, the zoning administrator may extend the time limit for repair, rebuild, or replacement in six-month increments, up to but not more than two years beyond the original two-year time limit. Such determination by the zoning administrator shall be made only upon consideration of documentation presented by the applicant of a pending insurance claim.

(2)

Failure of a person to apply for an extension of the time limit for repair, rebuild, or replacement prior to expiration of the original timeline as set forth in subsection (c) of this section shall cause the zoning administrator to determine that such structure shall only be repaired, rebuilt, or replaced in accordance with the regulations for the zoning district in which it is located.

(a)

Continuation of nonconforming use. Where, at the effective date of adoption or amendment of this appendix, a lawful use exists of a structure, individually or in combination with another structure, which use is made no longer permissible under the terms of this appendix as enacted or amended, such use may be permitted so long as it is not abandoned for more than two years and so long as the structure in which such use is located is maintained in its then structural condition. Abandonment means the intentional stopped use of the property and that the property has been vacant for two consecutive years. Should a structure in which such nonconforming use is located be enlarged, extended, reconstructed, or structurally altered, except as otherwise permitted by the provisions of this article, the use of such structure thereafter shall conform to the regulations of the district in which it is located.

(b)

Expansion of nonconforming use. No nonconforming use shall be enlarged, intensified, increased, or extended to occupy a larger square footage of building or lot area than was occupied on the effective date of the adoption of, or an amendment to, this appendix. Such intensification, increase, or extension shall include enlargement of the building or other structure, expansion of the use on the premises, or the erection of an additional principal or accessory structure associated with such nonconforming use on the property on which the nonconforming use is located.

(c)

Moving nonconforming use. No nonconforming use shall be moved on the same lot or to any other lot which is not properly zoned to permit such use.

(d)

Replacing nonconforming use. Any use which replaces, in whole or in part, a nonconforming use shall conform to the requirements of the district in which it is located, except as provided in section 8-10 [of this appendix], and the nonconforming use shall not be resumed.

(e)

Resumption or restoration of nonconforming use after damage or destruction by accidental fire or natural disaster. Any nonconforming use may be resumed or restored after the structure in which the use is located is damaged or destroyed by an accidental fire, natural disaster or other act of God, or other accidental means without the need to obtain a variance as provided in section 9-70 [of this appendix]. The owner shall apply for a building permit and any work done to repair, rebuild, or replace the structure in which such use is located shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such use shall be in compliance with the provisions of article 5 [of this appendix], Floodplain Overlay District. Unless such use is resumed or restored within two years of the date of the natural disaster or replaced within two years of the date of the accidental fire, natural disaster or other act of God, or other accidental means which directly caused its damage or destruction, such use shall only be restored or resumed in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming use is in an area under a federal disaster declaration and the use 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 years for the use to be restored or resumed as otherwise provided in this subsection. 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, earthquake, or fire caused by lightning or wildfire. Nothing herein shall be construed to enable the property owner to commit arson under Code of Virginia, §§ 18.2-77 or 18.2-80, as amended, and obtain vested rights under this section. "Accidental means" shall not include any intentional act by the property owner to damage or destroy the structure in which the nonconforming use is located.

(a)

Generally. If characteristics of use, such as signs, off-street parking or loading, landscaping, or other matters pertaining to the use of structures or lands, individually or in combination, are in lawful existence at the time of adoption or amendment of this appendix, and are not as required by this appendix as adopted or amended, such characteristics of use may be continued, unless otherwise specified in this appendix, but no change shall be made which increases nonconformity with the provisions of this appendix as adopted or amended.

(b)

Nonconforming signs. In addition to the general requirements of subsection (a) of this section any nonconforming sign shall be subject to the following:

(1)

Continuation of nonconforming sign. Any sign which was lawfully in existence at the time of the effective date of this appendix which does not conform to the provisions herein, and any sign which is accessory to a nonconforming use, shall be deemed a nonconforming sign and may remain. No nonconforming sign shall be enlarged, extended, structurally reconstructed, or altered in any manner; however, such nonconforming sign may be repaired in accordance with the provisions of subsection [(b)](3) of this section.

(2)

Addition of illumination prohibited. The addition of lighting or illumination to a nonconforming sign shall constitute an expansion of a nonconforming structure and shall not be permitted under these regulations.

(3)

Repair of nonconforming sign. A nonconforming sign may be maintained, repainted, and repaired, provided that such sign shall not be moved, replaced, structurally altered, or modified as to size, shape, or height except in conformity with the provisions of this appendix. The face of a nonconforming sign or the copy thereon may be changed when all other provisions of this subsection are met.

(4)

Removal of abandoned nonconforming sign. Pursuant to the provisions of Code of Virginia, § 15.2-2307, as amended, the zoning administrator may order the removal of any nonconforming sign that has been abandoned. For purposes of this subsection, a sign shall be considered abandoned if the business or use for which the sign was erected has not been in operation for a period of at least two years. Such nonconforming sign(s) and its supporting structure shall be removed by the owner of the property on which the sign is located, or the agent for the property owner, or tenant or lessee of the property having beneficial use of the property upon which the sign(s) is located, within 30 days of written notice by the zoning administrator.

Nothing in this appendix shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. 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. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.

(a)

Ordinary maintenance and repairs. On any structure devoted in whole or in part to any nonconforming use, ordinary maintenance work, or the repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, may be done, provided the cubic content of the building, as it existed at the time of passage or amendment of this appendix, shall not be increased.

(b)

Restoring to safe condition. Nothing in this appendix shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared unsafe by any official charged with protecting the public safety, upon order of such official; nor shall anything in this appendix be deemed to exempt any such building from any of the requirements and provisions of any other chapter of this Code or any other code or ordinance of the town.

After public notice and subject to appropriate conditions and safeguards, and pursuant to the procedures set forth in article 9, division 6 [of this appendix], the town council may, as a conditional use permit, allow the change of a nonconforming use to another use not generally permitted in the district, provided the proposed use, as proposed to be conducted, shall be of a nature more in keeping with the character of the district than the use from which the change is proposed to be made. Failure to conduct the use in the manner approved by the town council shall be grounds for revocation of the conditional use permit, pursuant to the procedures set forth in section 9-69 [of this appendix]. Where such a conditional use permit has been revoked, the nonconforming status of the use, individually or in combination, shall no longer exist, and future use of the structure or premises, individually or in combination, shall thereafter conform to the regulations of the district in which it is located.

Uses in existence in a district at the time of adoption of this appendix, for which a conditional use permit would be required if they were new uses, shall be deemed conforming uses so long as they continue in existence on the same lot. Once such use is abandoned for any continuous period longer than two years, any new use of the premises must conform to the applicable district regulations.