(1-1)

General. Within the districts established by this ordinance or amendments that may later be adopted there exist:

(a)

Lots;

(b)

Structures;

(c)

Uses of land and/or structures;

which were lawful before this ordinance was passed or amended but which would not conform to regulations and restrictions under the terms of this ordinance or future amendments thereto. It is the intent of the ordinance to abide by the letter and spirit of the provisions of Code of Virginia, § 15.2-2307. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as hereinafter provided.

(1-2)

Nonconforming use incompatible with permitted uses. Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land in combination shall not be extended or enlarged after passage of this ordinance; except that a nonconforming residential use existing within a commercial or industrial district may be permitted all the normal R-3 zone privileges subject to R-3 zone restrictions.

(1-3)

Vested rights unimpaired. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance, and upon which actual building construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position. Where excavation or demolition or removal of an existing building has been substantially begun prior to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(Ord. No. O-84-17, 11-13-1984; Ord. No. O-20-14, 6-14-2022)

In any district, permitted structures may be erected or enlarged on any single lot of record, notwithstanding limitations imposed by other provisions of this ordinance. Such lot of record must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot, shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the planning commission in the case of lots created heretofore.

(2-1)

Prohibition against creation of other lots below width and area requirements for district. No lot or parcel or portion thereof shall be used or sold in a manner diminishing compliance with lot width and/or area requirements established by this ordinance, nor shall any division be made which creates a lot with width or area below the requirements stated in this ordinance.

Any lot which, by reason of realignment of a federal or state highway or by reason of condemnation proceedings, has been reduced in size to an area less than that required by law, shall be considered a nonconforming lot of record subject to the provisions set forth in section 2, above; and any lawful use or structure existing at the time of such highway realignment or condemnation proceedings which would thereafter no longer be permitted under the terms of this ordinance shall be considered a nonconforming use or structure as that term is used in this ordinance.

Where, at the time of passage of this ordinance or any amendments thereto, a lawful use of land and/or structures exists which would not be permitted by this ordinance, the use may be continued so long as it remains otherwise lawful, provided:

(4-1)

No such nonconforming use and/or structure shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance unless said enlargement does not result in an increase in nonconformity or results in a change to a use permitted in the district.

(4-2)

No such nonconforming use and/or structure shall be moved in whole or in part to any portion of the land or parcel other than that occupied by such use and/or structure at the effective date of adoption or amendment of this ordinance, unless said move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district.

(4-3)

No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming uses of land. No additional uses of a nature which would be prohibited generally in the district involved shall be permitted.

(4-4)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

(4-5)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may, as a special exception, be changed to another nonconforming use, provided that the board of zoning appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.

(4-6)

When any nonconforming use, or structure and use in combination, is superseded by a permitted use and/or structure, the use shall thereafter conform to the regulations for the district, and no nonconforming use and/or structure shall thereafter be resumed.

(4-7)

Where nonconforming status applies to a use and/or structure, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this subsection, is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction. No nonconforming use shall be established after said destruction.

(4-8)

If any such nonconforming use of land and/or structure ceases for any reason for a period of more than two years (except when government action impedes access to the premises) any subsequent use of such land and/or structure shall conform to the regulations specified by this ordinance for the district in which such land is located.

On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement cost of the nonconforming structure or nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, rebuilt or used except in conformity with the regulations of the district in which it is located.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Any use which is permissible as a special exception in a district under the terms of this ordinance shall not be deemed a nonconforming use in such district, but shall, without further action, be considered a conforming use.

Automobile graveyards and junkyards in existence at the time of the adoption of this ordinance are to be considered as nonconforming uses. They shall be allowed up to three years after adoption of this ordinance in which to completely screen, on all sides, the operation or use, by a masonry wall, a uniformly painted solid board fence, or an evergreen hedge between six feet and ten feet in height.