(a)

Right to continue. Except as otherwise provided in this article, the lawful use of land or buildings existing at the effective date of the ordinance from which this chapter is derived may be continued although such use does not conform to the provisions of this chapter. Except as provided in this article, such nonconforming use may not be enlarged, extended, reconstructed, or structurally altered except in compliance with the provisions of this chapter.

(b)

Change of ownership. A change in occupancy or ownership shall not affect such right to continue such use, building, or structure.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Change to another use. 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. Whenever a nonconforming use of land or buildings has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted one.

(b)

Extension of use within existing building. The nonconforming use of a building may be hereafter extended throughout those parts of a building which are lawfully and manifestly arranged or designed for such use at the time of enactment of this chapter.

(c)

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

(Ord. No. 09-21R2, Att. A, 9-27-2021)

A nonconforming use shall lose its nonconforming status, and any further use shall conform to the requirements of this chapter and shall file a site plan, if required by this chapter, if the use is discontinued and remains idle or unused for a continuous period of more than two years.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Nonconforming structures which have been damaged or destroyed by something other than an act of nature, to the extent of more than 50 percent of the fair market value of the structure shall be restored, repaired or replaced, in conformity with the regulations of this chapter. If a nonconforming structure is damaged or destroyed to the extent of less than 50 percent of the fair market value, it may be repaired or reconstructed as before the time of damage. Any restoration, repair or replacement permitted by this paragraph shall be substantially completed within two years of the date of such damage.

(b)

Nonconforming structures damaged by an act of nature as defined by this chapter, shall apply the following:

(1)

The owner may repair, rebuild, or replace such structure to eliminate or reduce the nonconforming features to the extent feasible, without the need to obtain any otherwise required variance. If such structure cannot be repaired, rebuilt, or replaced, except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for any required building permit and any work done to repair, rebuild, or replace such structure shall be in compliance with the applicable provisions of the Uniform Statewide Building Code (§ 36-97 et seq.) and any work done to repair, rebuild, or replace such structure shall be in compliance with the provisions of any local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program.

(2)

Unless such structure is repaired, rebuilt or replaced within two years of the date of the act of nature, it shall only be repaired, rebuilt, or replaced in accordance with the provisions of this chapter except that if the nonconforming structure is in an area under a federal disaster declaration and it has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have four years from the date of the act of nature for the structure to be repaired, rebuilt or replaced as otherwise provided in this section.

(c)

Nothing in this chapter shall prevent the strengthening, repair or restoration to a safe and lawful condition any part of a building or structure declared unsafe or unlawful by order of an authorized county or state official; provided, however, that such building or structure lawfully existed prior to the issuance of the order.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

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

(Ord. No. 09-21R2, Att. A, 9-27-2021)

When evidence available to the zoning administrator is deemed by him to be inconclusive, whether a nonconforming 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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

If the owner of a lot in any district does not own a parcel or tract of land immediately adjacent to such lot, and if the deed or instrument to such lot was lawfully of record prior to the application of zoning regulations and restrictions to the premises, and if such lot does not conform to the requirements of such regulations and restrictions as to area, frontage and dimensions of lots, the provisions and restrictions of such lot area, frontage and dimension regulations shall not prevent the owner of such lot from erecting a single-family dwelling or making other improvements on the lot; provided such improvements conform in all other respects to applicable zoning and health regulations and restrictions. However, no lot of record shall be resubdivided unless all new lots are in conformity with the requirements of the district to which the resubdivision is located.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

In a residential district where any sign does not comply with the provisions of this chapter, such sign and any supporting structures may be maintained but shall not be replaced, reconstructed, moved, structurally altered or relighted except in compliance with the provisions of this chapter and may continue in use unless subject to removal of other provisions of this chapter. Removal, replacement, reconstruction, moving or structural alteration for any cause whatsoever shall be considered as loss of nonconforming status. Supporting structures for nonconforming signs may continue in use for a conforming sign if such support structures comply in all respects to the applicable requirements of these regulations and other codes and ordinances.

(b)

Nothing in this section shall be construed to prevent, after making a reasonable attempt to notify such property owner, from ordering the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. If, following such two-year period and after a reasonable attempt to notify the property owner, the county through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the locality from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Vested rights not impaired; nonconforming uses, Code of Virginia, § 15.2-2307(G).

A dwelling nonconforming as to use in a business or industrial district shall be considered as a conforming use in application of the area and bulk requirements of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Nothing in this section shall be construed to prevent the landowner 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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)