The purpose of this section is to regulate and limit the development and continued existence of uses, structures, and lots legally established prior to the effective date of this Ordinance which do not conform to the requirements of this Ordinance. Many nonconformities may continue, but the provisions of this subsection are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement to a conforming status in order to preserve the integrity and the desired character of the Town and to protect the public health and safety.

Except as otherwise provided herein, the lawful use of land or structures existing at the effective date of this Ordinance may be continued although such use does not conform to the provisions hereof. Except as provided in this Article, such non-conforming use may not be enlarged, extended, reconstructed, moved or structurally altered except in compliance with the provisions of this Ordinance. Any increase of a non-conforming structure shall not be permitted, unless in conformance with this Article.

(Ord. of 12-14-2015(1))

Editor's note— Ord. of 12-14-2015(1) repealed § 2, which pertained to extension of use within existing structures.

A structure non-conforming only as to buffer, yard, setback, height or bulk standards may be altered or extended, provided such alteration or extension does not increase the degree of the non-conformity.

(Ord. of 12-14-2015(1))

No structure or portion thereof used in whole or in part for a non-conforming use in any district which remains idle or unused, or for which the use is discontinued, for a period of more than two years, whether or not the equipment or fixtures are removed, shall again be used except in conformity with the regulations of the district in which such structure or land is located.

Should a nonconforming structure, portion of the nonconforming structure, or nonconforming portion of a structure be damaged or destroyed by any means other than a natural disaster or other act of God, the structure or portion thereof may be re-constructed or restored provided its degree of nonconformity is not increased beyond that which existed just prior to such damage, except to comply with the Virginia Uniform Statewide Building Code. If such structure is damaged greater than 50% 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, provided that all necessary permits are obtained and all work is done in compliance with the provisions of the Uniform Statewide Building Code, and provided that such repair, reconstruction, or replacement be accomplished within two years of the date of the natural disaster or other act of God.

The casual, intermittent, temporary or illegal use of land or buildings shall not be sufficient to establish the existence of a non-conforming use, and the existence of a non-conforming use on a part of a lot or tract shall not be construed to establish a non-conforming use on the entire lot or tract.

When evidence available to the Administrator is deemed to be inconclusive, whether a non-conforming use exists shall be a question of fact and shall be decided by the Board of Zoning Appeals after public notice and hearing and in accordance with the rules of the Board.

A lot of record or structure that, solely as a result of an eminent domain proceeding, no longer conforms to the requirements of these regulations and restrictions as to area, frontage, and dimensions of lots or yards, shall not be deemed a non-conforming lot or structure for the purpose of this Ordinance.

Where any existing sign as of the date of these regulations does not comply with the provisions of this Ordinance, such sign and any supporting structures may be maintained in their then structural condition but shall not be replaced, reconstructed, moved, structurally altered, or relit except in compliance with the provisions of this Ordinance and may continue in use unless subject to removal under other provisions of this Ordinance. Removal, replacement, reconstruction, moving, change of permitted use or structural alteration for any cause whatsoever shall be considered as loss of non-conforming status. Change of ownership shall not affect non-conforming status and occasional replacement of minor broken parts is permitted as normal maintenance. Supporting structures for non-conforming signs may continue in use for a conforming sign if said supporting structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances. No permits for additional signs shall be issued for any premises on which there are any non-conforming signs.

A dwelling non-conforming as to use in a commercial or industrial district shall be considered as a conforming use in application of the height, area, and bulk requirements of this Ordinance.

Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. 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.

A nonconforming structure to be extended or enlarged shall conform with the provisions of this Ordinance, except as provided for herein. No nonconforming use and/or structure shall be enlarged, increased or extended to occupy a greater area of land than twenty-five percent (25%) more than was occupied on the date of adoption or amendment of this Ordinance unless such enlargement does not result in an increase in nonconformity or results in a change to a use permitted in the district.

Existing legal nonconforming structures, other than signs, may be restored or replaced when such structures become unsafe or unsound. A relocation on the same lot may be approved by the zoning administrator, provided the new location is not in greater nonconforming than the original location, and further provided that the new location shall not cause a greater detrimental impact on conforming uses in the neighborhood.