Except as hereinafter provided for existing uses, no land, building, structure, or premises shall hereafter be used, and no building or part thereof, or other structure, shall be erected, except in conformity with the regulations herein specified for the district in which it is located.

a.

In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and general welfare.

b.

Where the conditions imposed by any provision of this ordinance upon the usage of land or building or upon the bulk of building, are either more restrictive than comparable conditions imposed by any other provision of this ordinance or of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

c.

This ordinance is not intended to abrogate any easement, covenant, or any other private agreement, provided that where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such easement, covenants, or other private agreements, the requirements of this ordinance shall govern.

d.

No building, structure, or use which was not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance; and to the extent that, and in any manner that, said unlawful building, structure, or use is in conflict with the requirements of this ordinance, said building, structure, or use remains unlawful hereunder.

a.

Any lawful use, building or structure existing at the time of adoption of this ordinance, or any amendment thereto may be continued even though such use, building or structure may not conform with the provisions of this ordinance for the district in which it is located. Such use, building or structure shall be deemed a "nonconforming use." The town council will give special consideration to the adjacent property owners and if any detriment to the character of the district will be changed by the conditional use permit. The permit will be issued for one use and will not transfer to any new uses or owners. The town reserves the right to revoke any permit not adhereing to the use designated or any provisions set forth by town council.

b.

Nothing herein contained shall be construed to affect any building permit lawfully granted before this ordinance becomes effective.

(Ord. of 6-19-2018(2))

No nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when required by law or order, unless the use thereof is changed to a use permitted in the district in which located or as follows:

a.

Such use may be extended throughout any part of the building which was manifestly arranged or designed for such use at the time of adoption of this ordinance, provided no structural alterations except those required by law are made therein.

b.

Any building that is conforming as to use, but is nonconforming as to the floor area, lot, yard, road frontage, distance, parking, loading spaces, fences, signs or height requirements may be enlarged or structurally altered, but not reconstructed or substituted, as long as such alteration complies with this chapter.

c.

If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification; but it shall not thereafter be changed back to a use of a less restricted classification.

d.

Any nonconforming building or structure which is hereafter damaged to an extent exceeding 50 percent of its then reproduction value exclusive of foundations by fire, flood, explosion, earthquake, war, riot, storm or so-called act of God, may be restored for the same purpose if done within one year; if not, the structure may not be restored for the same use; but if such damage be not more than 50 percent, said building or structure may be restored, reconstructed, and damage occurs [sic] and provided that the height, yard, court, and other provisions of this ordinance be complied with as nearly as possible. Any building that is conforming as to use, but is nonconforming as to floor area, lot, yard, road frontage, distance or height requirements may be restored, reconstructed, and used as before even though damaged to an extent exceeding 50 percent, providing that it be done within one year and the floor area, lot, yard, road frontage, distance or height requirements of this ordinance be complied with as nearly as possible.

e.

No building, structure, or premises where a nonconforming use has ceased for one year or more shall be put to a nonconforming use.

Unless otherwise specified, no lot shall be used in whole or in part for dwelling purposes unless such lot abuts for at least 50 feet upon a street as herein defined. No lot or parcel of land abutting the terminus of a public street shall be deemed, by virtue of such abutment to have its principal frontage on a public street, unless such lot fronts on an approved permanent cul-de-sac.

Where the distance requirements between two or more adjoining zoning districts are unequal, the higher proximate distance requirement of the more restricted district shall become the distance requirement for that portion of the lot or parcel of land in the lesser restricted districts which abuts the higher restricted district.

The minimum yards, parking spaces and other open spaces, including lot area per family required by this chapter for every building existing at the time of the effective date of this chapter or for any building hereafter erected, shall not be encroached upon or considered as yard or parking space or open space required for any other building or use, nor shall any yard or lot area be reduced below the district requirement of this chapter, except as permitted in section 14-5 b.

Every principal structure in a residential district hereafter erected or structurally altered shall be located on a lot herein defined and in no case shall there be more than one such building per lot unless otherwise provided in this chapter.

a.

The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.

b.

No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all improved zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

c.

All yard and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

d.

Where a lot is to be occupied for a permitted use without buildings, the side yards and front yard required for such lot shall be provided and maintained unless otherwise stipulated in this ordinance, except that side yards shall not be required on lots used for garden purposes without buildings or structures nor on lots used for public recreation areas.

No land which is located in a residential district shall be used for a driveway, walkway or access purpose to any land which is located in a business or industrial district, or used for any purpose not permitted in a residential district.

In residential districts, any unimproved lot, lots or parcel of land having an area or average width less than that required for a lot in the district in which it is situated, and which was under one ownership on and since July 20, 1971, and when no other adjoining land was at the time or since under the same ownership, may be used as a legal zoning lot provided that all other regulations of the district are complied with.

The town council of the Town of Kenbridge, Virginia, reserves unto itself the right to issue special exceptions or use permits in the event that the strict application of the zoning ordinances would impose an undue burden upon the applicant or in any other instance, that, in the sole discretion of the town council of the Town of Kenbridge, it may deem appropriate for the orderly development of said town.

a.

It shall be unlawful for any person to camp upon any private property without the express written consent of the property owner or the owner's agent, and only in such locations where camping may be conducted in accordance with any other applicable town ordinances.

b.

It shall be unlawful for any person to camp upon any town property except in any location where camping has been expressly allowed by the officer or agency having the control, management and supervision of the public property in question.

c.

No camping tent shall be erected or occupied within the town for more than a total of 15 days during a calendar year.

(Ord. of 3-18-2014(2))