Within the districts established by this ordinance or amendments that may later be adopted there exit:

a.

Lots;

b.

Structures; [and]

c.

Uses of land and/or structure, lawful before this ordinance was passed or amended but which would not conform to regulations and restrictions under terms of this ordinance or future amendments thereto may continue. It is the intent of the ordinance to abide by the letter and spirit of the provisions of Code of Virginia, § 15.2-2307. It is further the intent of this ordinance that nonconformities shall not be enlarged upon, expanded or extended, not to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

11-2-1. If, on the effective date of this ordinance, any legal activity which 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 ordinance, such manner of use or property may be continued as herein provided.

11-2-2. If any change in title of possession, or renewal of a lease of any such lot or structure occurs, the use existing may be continued.

11-2-3. If any nonconforming use (structure or activity) is discontinued for a period exceeding two years, after the effective date of this ordinance, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this ordinance.

11-2-4. 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.

11-2-5. Temporary seasonal nonconforming uses that have been in operation for a period of two years or more prior to the effective date of this ordinance are excluded.

The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this ordinance may proceed, provided such building is commenced within one year after the effective date of this ordinance.

On any building devoted in whole or in part to any nonconforming use, work may be done in any 12 consecutive months on ordinary repairs or on repair or replacement of nonload-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the current replacement value of the structure provided that the cubic content of the structure as existed on the effective date or amendment of this ordinance shall not be increased.

Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.

If a nonconforming structure or portion thereof containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and 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 regulations of the district in which it is located.

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

11-6-1. A nonconforming structure to be extended or enlarged shall conform with the provisions of this ordinance.

11-6-2. A nonconforming activity may be extended throughout any structure which was arranged or designed for such activity on the effective date of this ordinance but no such use should be extended to occupy any land outside such structures.

11-6-3. No additional structure not conforming to the requirements of this ordinance shall be erected in connection with such nonconforming uses of land. No additional uses of a nature which would be prohibited generally in the district involved shall be permitted.

Any lot of record at the time of the adoption of this ordinance or which is less in area or width than the minimum required by this ordinance may be used when the requirements of the board of zoning appeals regarding setbacks, side and rear yards are met.

11-8-1. If a nonconforming activity is destroyed or damaged to the extent that the cost of restoration of 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 ordinance.

11-8-2. If a nonconforming structure is destroyed or damaged 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 ordinance.

11-8-3. Where a conforming structure devoted to a nonconforming use 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 any such repair or restoration is started within 12 months and completed within 18 months from the date of damage.

11-8-4. 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.

No nonconforming use and/or structure shall be moved in part to any portion of the land or parcel other than that occupied by such use and/or structure at the effective date of adoption of this ordinance unless said move results in decreasing the degree of nonconformity or results in conformity with the requirements for the district.

11-10-1. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special exception be changed to another nonconforming use provided that the board of zoning appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use, in permitting such safeguards in accord with the provisions of this ordinance.

11-10-2. When any nonconforming use, or structure and use in combination, is superseded by a permitted use and/or structure, the use shall thereafter conform to the regulations for the district, and no nonconforming use and/or structure shall thereafter be resumed.

11-10-3. If any such nonconforming use of land and/or structure any reason for a period of more than two years (except when government action impedes access to the premises) any subsequent use of such land and/or structure shall conform to the regulations specified by this ordinance for the district in which such land is located.

Any use which is approved as a special exception under the terms of this ordinance (section 13-5) shall be deemed a nonconforming use in such district so long as that excepted use and occupancy is not changed, except as provided in section 11-12.

Automobile graveyard(s) and junkyard(s) in existence at the time of the effective date of this ordinance may not be enlarged and shall be screened from public view by means of visual screening as provided in section 10-6.