(a)

If at the time of enactment of the ordinance from which this chapter is derived, any activity 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 activity, lot or structure may be continued as herein provided, except that advertising structures which become nonconforming shall have 24 months within which to relocate in a permitted area.

(b)

If any change in title or possession or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

(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 only 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 April 4, 1972, are excluded.

(Code 2000, § 16.27)

State Law reference— Nonconforming uses, Code of Virginia, § 15.2-2307.

All nonconforming uses shall require a zoning permit and a certificate of occupancy. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use. The construction or use of a nonconforming building or land area for which a permit was issued legally prior to April 4, 1972, may proceed; provided, that such building was completed within one year or such use of land established within 30 days after April 4, 1972.

(Code 2000, § 16.28)

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 that 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 thereof declared to be unsafe by any official charged with protecting the public safety upon order of such official.

(Code 2000, § 16.29)

Whenever the boundaries of a district are changed, any uses of land or buildings that become nonconforming as a result of such change shall become subject to the provisions of this article.

(Code 2000, § 16.30)

A nonconforming structure to be extended or enlarged shall conform with the provisions of this chapter. A nonconforming activity may be extended throughout any part of a structure that was arranged or designed for such activity on April 4, 1972.

(Code 2000, § 16.31)

Any lot of record on January 1, 2003, which is less in area or width than the minimum required by this chapter may be used when the requirements of the board of zoning appeals regarding setbacks, side yards and rear yards are met.

(Code 2000, § 16.32)

(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, that 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 of restoration for any structure or activity devoted to a nonconforming use.

(Code 2000, § 16.33)