The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Event of prohibition means a change in regulations applicable to a structure, use, or lot which causes the structure, use, or lot to fail to comply with the provisions of this chapter. An event of prohibition can occur when property is reclassified under this chapter or when zoning regulations are adopted or amended.

Nonconforming building means a building which is lawfully in existence at the time of an event of prohibition.

Nonconforming lot means a lot of record, created lawfully, in existence at the time of an event of prohibition.

Nonconforming structure means a structure which is lawfully in existence at the time of an event of prohibition.

Nonconforming use means an activity which is ongoing and lawful at the time of an event of prohibition.

Zoning regulations means all of the applicable requirements of this chapter, other than the provisions of this article.

(Code 1988, § 9-210.1; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

A nonconforming use may be continued, subject only to the provisions of this article. A nonconforming structure may continue to be occupied and used, subject only to the provisions of this article.

(b)

The rights granted in subsection (a) of this section shall continue irrespective of any change in ownership of the property.

(c)

If any nonconforming use is discontinued for a period exceeding two years, the rights granted in subsection (a) of this section shall be deemed abandoned and any subsequent activity must conform to the town's zoning regulations.

(d)

If any nonconforming structure is unused for a period exceeding two years, the rights granted in subsection (a) of this section shall be deemed abandoned and the structure shall not thereafter be used unless it is made to comply with the town's zoning regulations.

(Code 1988, § 9-210.2; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

On any nonconforming structure or any structure containing a nonconforming use, work may be done in any of 12 consecutive months on ordinary repairs or on repair or replacement of non-loadbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement value of the structure, provided that the volume of the structure (measured by exterior walls) shall not be increased.

(a)

If a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and it 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 town's zoning regulations.

(Code 1988, § 9-210.3; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

If a structure containing a nonconforming use is destroyed or damaged to the extent that the cost of restoration to its condition before the occurrence exceeds 50 percent of the cost of reconstructing the entire structure, the rights granted by this article to carry on the nonconforming use shall terminate.

(b)

If a nonconforming structure is destroyed or damaged to the extent that the cost of restoration to its condition before the occurrence exceeds 75 percent of the cost of reconstructing the entire structure, the rights granted by this article shall terminate and any restoration shall comply with the town's zoning regulations.

(c)

Whenever a damaged structure may be restored under subsection (a) or (b) of this section, such restoration shall be commenced within 12 months and completed within 18 months from the date of damage. If restoration is not commenced or completed within these respective periods, the rights granted by this article shall terminate.

(d)

Nothing in this section authorizes the maintenance of a destroyed or partially destroyed structure.

(e)

Notwithstanding the foregoing subsections of this section, if a residential or commercial nonconforming building is damaged or destroyed by a natural disaster or other act of God, it may be repaired, replaced, or rebuilt as provided in this subsection.

(f)

To the extent possible, the nonconforming features of the building shall be eliminated upon repair, replacement or reconstruction. However, if it is not possible to reduce or eliminate the nonconforming features of the building, it may be repaired, replaced or rebuilt to its original nonconforming condition. Nevertheless, the repair, replacement or reconstruction shall comply with the uniform statewide building code and division 11, article V of this chapter.

(g)

Unless such building is repaired, replaced, or rebuilt within two 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 town's zoning regulations. This two-year period shall be extended to four years if the nonconforming building is in an area under a federal disaster declaration and the building was damaged or destroyed as a direct result of conditions that gave rise to the declaration.

(Code 1988, § 9-210.4; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

State Law reference— Vested rights, etc., Code of Virginia, § 15.2-2307.

(a)

Nonconforming structures shall not be extended or enlarged, except as provided in this section.

(b)

A nonconforming use may be extended throughout any structure which was arranged or designed for such activity at the time of the event of prohibition, but no such use shall be extended to occupy any land outside such structures.

(c)

Notwithstanding any other provision of this article, a nonconforming structure may be enlarged or extended if the enlargement or extension does not worsen the structure's nonconformity (either by increasing the amount of the structure which is not in conformity or by increasing the severity of any nonconformity) and the structure, after enlargement or extension, meets all provisions of this chapter which it met prior to enlargement or extension.

(Code 1988, § 9-210.5; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

(a)

Any nonconforming use may be changed to a different use, provided that no structural alterations are made and that the board of zoning appeals finds that the proposed use is equally appropriate or more appropriate to the district and the neighborhood than the existing use. In taking such action, the board of zoning appeals shall be granting a special exception. Nothing in this section shall authorize the board to grant special exceptions in any other context.

(b)

When any nonconforming use is changed in accordance with subsection (a) of this section, it may not be changed back to the prior use without again following the procedure in subsection (a) of this section.

(Code 1988, § 9-210.6; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

The board of zoning appeals shall determine appropriate setbacks and other dimensional regulations for nonconforming lots on a case-by-case basis.

(Code 1988, § 9-10.7; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

No nonconforming use or structure shall be moved to any other lot or to any other portion of the lot than that already occupied by such use or structure; provided, however, that a nonconforming structure may be moved to conform with the provisions of this chapter or reduce the degree of nonconformity.

(Code 1988, § 9-210.8; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)

This article shall be interpreted so as to be consistent with Code of Virginia, § 15.2-2307.

(Code 1988, § 9-210.9; Ord. of 6-6-1994; Ord. of 5-1-1995; Ord. of 7-13-1998; Ord. of 11-9-1999; Ord. of 2-7-2000; Ord. of 11-6-2000; Ord. of 12-10-2007; Ord. of 1-28-2008)