(a)

If on the effective date of the ordinance from which this section derives any legal activity which is being pursued or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as provided in this article; except that advertising structures that become nonconforming because of a rezoning have 24 months within which to relocate in a permitted area.

(b)

If any change in title of possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued upon certain requirements set forth by the board of zoning appeals.

(c)

If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, it shall be deemed abandoned; and any subsequent use shall conform to the requirements of this chapter.

(d)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may be changed to an even more limited use.

(e)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to the effective date of the ordinance from which this section derives are excluded.

(Code 1990, § 14-60)

All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within 60 days after the adoption of the ordinance from which this section derives. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.

(Code 1990, § 14-61(1))

On any building devoted in whole or in part to any 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 value of the structure, provided the cubic content of the structure as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part declared unsafe by any official charged with protecting the public safety, upon order of such official.

(Code 1990, § 14-62)

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.

(Code 1990, § 14-63)

(a)

A nonconforming structure to be extended or enlarged shall conform with the provision of this chapter.

(b)

A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity at the time of enactment of this chapter.

(Code 1990, § 14-64)

(a)

Any lot of record at the time of the adoption of the ordinance from which this section derives which is less in area or width than the minimum required by this chapter shall be exempt from the minimum area and width requirements granted the lot was described in the most recent deed of conveyance to contain at least one acre and was valid at the time of its creation and can meet health department requirements for the provision of water and wastewater.

(b)

Preexisting nonconforming lots, parcels, uses or structures that fail to meet the width, area, setback or frontage requirements of this chapter may apply for a waiver or conditional use permit to address any such deficiencies, provided the granting of the waiver or conditional use permit promotes good zoning practice and will not adversely affect the public health, safety and welfare. The fee for this conditional use permit shall be waived.

(c)

Lot line adjustment involving nonconforming lots. One or more lot lines of a nonconforming lot may be adjusted provided:

(1)

The boundary line adjustment does not cause any adjacent conforming lots to become nonconforming; and

(2)

The boundary line adjustment does not cause any nonconforming lots to become more nonconforming.

(Code 1990, § 14-65; Ord. No. 11-09, 2-14-12; Ord. No. 15-12, 2-9-2016)

(a)

If a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 75 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

(c)

Where a conforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost or restoration for any structure or activity devoted to a nonconforming use.

(e)

For the replacement or restoration of preexisting nonconforming manufactured homes the following shall apply:

(1)

The replacement manufactured home shall comply with all building and construction codes in the Commonwealth of Virginia applicable to manufactured homes.

(2)

The replacement manufactured home shall be located on the same parcel so as to comply with all current yard and setback requirements of this chapter.

(Code 1990, § 14-66; Ord. No. 08-02, § 7., 5-13-2008(2); Ord. No. 14-05, 10-14-2014)