The purpose of article VII is to regulate and limit the development of and continued existence of uses, structures or buildings and lots established prior to the effective date of this ordinance [Ordinance No. O-2009-009], which do not conform to the requirements of the ordinance. Many nonconformities may continue, but the provisions of this article are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement to a conforming status or their elimination in order to preserve the integrity of this ordinance and the desired character of the town. Buildings, structures, and uses which were lawful when begun but which do not conform to the zoning district classifications or any other provision of this chapter may be continued only as this article prescribes.

(Ord. of 6-12-07; Ord. No. O-2009-009, § 1, 8-11-09)

Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to a zoning ordinance when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project; (ii) relies in good faith on the significant affirmative governmental act; and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: (i) the governing body has accepted proffers or proffered conditions which specify use related to a zoning amendment; (ii) the governing body has approved an application for a rezoning for a specific use or density; (iii) the governing body or board of zoning appeals has granted a special exception or use permit with conditions; (iv) the board of zoning appeals has approved a variance; (v) the governing body or its designated agent has approved a preliminary subdivision plat, site plan, or plan of development for the landowner's property and the applicant diligently pursues approval of the final plat or plan within a reasonable period of time under the circumstances; or (vi) the governing body or its designated agent has approved a final subdivision plat, site plan, or plan of development for the landowner's property.

(Ord. of 6-12-07)

(a)

Land, buildings, and structures and the uses thereof which do not conform to the zoning prescribed for the district in which they are situated may be continued only so long as the then existing or a more restricted use continues and such use is not discontinued for more than two (2) years, and so long as the buildings or structures are maintained in their then structural condition; and that the uses of such buildings or structures shall conform to such regulations whenever, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code.

(b)

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

(c)

Notwithstanding any other ordinance to the contrary, if (i) the town has issued a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the town issued a certificate of occupancy or a use permit therefor; or (ii) the owner of the building or structure has paid taxes to the town for such building or structure for a period in excess of fifteen (15) years, the building or structure may be maintained as a vested nonconforming building or structure. Such building or structure shall, however, be brought into compliance with the Uniform Statewide Building Code. Nothing in this provision grants any vested right in a use not permitted under the town's zoning ordinance.

(d)

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 to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If such building is damaged greater than fifty (50) percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. 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 Uniform Statewide Building Code and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the local floodplain regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such building is repaired, rebuilt or replaced within two (2) years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the town's zoning ordinance. However, if the nonconforming building is in an area under a federal disaster declaration and the building 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 (2) years for the building to be repaired, rebuilt or replaced as otherwise provided in this subsection. For purposes of this subsection, "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. For purposes of this subsection, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under Code of Virginia, §§ 18.2-77 or 18.2-80, and obtain vested rights under this subsection.

(Ord. of 6-12-07; Ord. No. O-2009-009, § 1, 8-11-09)

The zoning administrator, after making a reasonable attempt to notify such property owner, may order the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two (2) years. Following the expiration of the two-year period, any abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located once written notice has been given. If, following such two-year period, the locality has made a reasonable attempt to notify the property owner, the town through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the town from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.

(Ord. of 6-12-07)

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.

(Ord. of 6-12-07)

(a)

Availability of procedure. Notwithstanding any terms of this article prohibiting the continuation, reconstruction, or expansion of nonconformities, a nonconforming use or structure may be deemed to be in conformity with the ordinance and may be allowed to continue and to expand as a lawfully existing use or structure, through the issuance of conditional use permit.

(b)

Effect of approval. Upon approval of the application for termination of nonconforming status by the council, the use or structure shall no longer be treated as nonconforming and shall be allowed to continue as a lawfully existing use or structure unless it is abandoned or discontinued for a period of one hundred eighty (180) consecutive days. This status as a lawfully existing use shall apply only to use or structure for which the conditional use permit approval is issued and not to any other use or structure that may be located on the lot.

(Ord. of 6-12-07)