(a)

If at the time of the enactment 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 purpose may be continued as herein provided, except that advertising structures that become nonconforming because of a rezoning have 24 months within which to relocate in a permitted area.

(b)

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.

(c)

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

(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, after application is made to the zoning administrator, and approval is granted.

(a)

All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within 60 days after the adoption of this ordinance. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.

(b)

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 completed within one year, or such use of land established within 30 days after the effective date of this ordinance.

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

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

(a)

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

(b)

A nonconforming activity may not be extended beyond the number of square feet occupied by the activity at the time of adoption of this ordinance.

606. Nonconforming lots, structures, and improvements.

(a)

The administrator may grant a modification from any physical requirement of this ordinance, including but not limited to minimum lot size and width, for any lot, structure, or improvement that predates such requirement upon making the following written findings:

(i)

The strict application of the requirement would produce undue hardship; and

(ii)

The hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(iii)

The modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

(b)

Prior to granting a modification, the administrator shall give, or require the applicant to give, all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. The administrator shall make a decision on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph.

(c)

The administrator's decision may be appealed to the board of zoning appeals as provided by section 705.4, article VII, of this ordinance. Decisions of the board of zoning appeals may be appealed to the circuit court as provided by section 705.7, article VII, of this ordinance.

(Ord. of 8-14-2017(1), § 5)

State Law reference— Code of Virginia, § 15.2-2286(A)(4).

(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 ordinance.

(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 ordinance.

(c)

Where a nonconforming 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 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.

(e)

The foregoing provisions of paragraphs (a) through (d) of this section shall not apply to agricultural nonconforming activities or structures annexed to the Town of Luray during the 1984 annexation, which were in use and existence when that annexation became effective on January 1, 1985, if such nonconforming agricultural activity or structure is destroyed or damaged, in whole or in part, by act of God or casualty, and the same may be repaired or restored to the same condition as it existed on January 1, 1985; provided, that the scope of the activity or structure had not been reduced since January 1, 1985, and before the damage or destruction thereof as aforesaid, in which case the nonconforming agricultural activity or structure may be repaired or restored only to its reduced scope as it existed immediately prior to the damage or destruction. The owner of the activity or structure shall obtain a zoning permit from the zoning administrator within 60 days following the loss or destruction, and not thereafter, for such repair or restoration, pursuant to the provisions of section 701 of this zoning ordinance.

(Ord. of 7-8-1985)