The purpose of this Article is to establish that nonconforming situations are incompatible with the regulations established by this Ordinance, but to provide for the regulation of the continuance and discontinuance of those uses of land, structures, lots of record and site features that were lawfully established prior to the adoption of this Ordinance, or any subsequent amendment or prior to any extension of the Town’s jurisdiction, which do not conform to the provisions and requirements of the Ordinance.

Nonconforming situations are allowed to continue only in accordance with the requirements of this Article.

In all cases, the burden of establishing that nonconforming situation lawfully exists shall be the responsibility of the owner of the land on which the nonconforming situation is located.

Routine repairs and maintenance activities may be performed to allow for the continued use of nonconforming structures, lots and site features.

The following provisions shall apply to all nonconforming uses within the jurisdiction of this Ordinance.

1. Change of Use. A nonconforming use may only be replaced with a use that conforms to the use requirements of the Zoning District in which it is located at the time of the change of use.
2. Discontinuance of a Nonconforming Use. A nonconforming use may not be reestablished once it has been discontinued for a period of 180 days. Following discontinuance, the nonconforming use may only be replaced with a conforming use.
3. Expansion. Nonconforming uses shall not be expanded or enlarged in size, density or intensity whether inside of a structure or on open land.

The following provisions shall apply to all nonconforming structures within the jurisdiction of this Ordinance.

1. Alteration. A nonconforming structure shall not be altered in any way that increases the degree of nonconformity. Alteration of the structure in a way that complies with applicable dimensional standards or that decreases the degree of nonconformity is permitted.
2. Reconstruction after Casualty Damage. The following provisions shall apply to the reconstruction of a nonconforming structure following casualty damage:
   1. In the event a nonconforming structure is damaged or destroyed, by any means, to an extent greater than sixty percent (60%) of its assessed tax value, as determined by the Surry County Tax Assessor, at the time of damage or destruction, the structure may only be reconstructed in a manner that conforms to the requirements of this Ordinance.
   2. In the event a nonconforming structure is damaged, by any means, to an extent less than sixty percent (60%) of its assessed tax value, as determined by the Surry County Tax Assessor, at the time of damage or destruction, the structure may be reconstructed to the form that existed prior to the occurrence of the casualty damage.
   3. In no event shall the repair or reconstruction of a damaged or destroyed nonconforming structure increase the degree of nonconformity.

No use or structure shall be established on a nonconforming lot of record except in accordance with the standards in this Section.

1. Existing Structures on Nonconforming Lots. Structures legally established on nonconforming lots of record prior to the effective date of this Ordinance may be continued, enlarged, extended, reconstructed or structurally altered in any way that is in conformance with the standards of this Ordinance.
2. Development of Unimproved Nonconforming Lots. The following provisions apply to the development of nonconforming lots of record:
   1. In any Zoning District that allows single-family dwellings as a permitted use, the improvement of a nonconforming lot with a single-family detached dwelling shall be allowed provided that such dwelling and other allowed accessory structures and site features meet all other applicable standards of this Ordinance. No other use than a single-family dwelling may be established on such nonconforming lot.
   2. Nonconforming lots within districts that do not allow single-family dwellings as a permitted use may be improved only upon the issuance of a Special Use Permit per the procedures established in Section 3.4.
3. Changes to Nonconforming Lots. A nonconforming lot may be increased in area, width and/or depth through a lot line adjustment to make the lot less nonconforming.

Nonconforming site features, including, but not limited to, signs, parking areas, landscaping and similar site features, may only be altered, repaired or maintained in accordance with the standards of this Section.

1. Alteration of Nonconforming Site Features. A nonconforming site feature may not be altered or replaced except to bring the site feature into conformity with this Ordinance. Once a nonconforming site feature is removed from the premises or otherwise altered, the feature may only be replaced with a feature, which is in conformance with this Ordinance.
2. Reconstruction after Casualty Damage. The following provisions shall apply to the reconstruction of a nonconforming structure following casualty damage:
   1. In the event that a nonconforming site feature is destroyed, or damaged to an extent that exceeds sixty percent (60%) of its replacement value, then the site feature shall only be restored, repaired or reconstructed in accordance with the standards this Ordinance.
   2. In the event a nonconforming site feature is damaged to an extent less than sixty percent (60%) of its replacement value, the site feature may be repaired to its original state prior to damage.

Nonconforming architectural features on structures that are subject to the architectural design guidelines established by the UDO may only be altered or replaced with a feature (including exterior cladding materials and material colors) that conforms to the applicable design guidelines for the type of structure. The alteration of a nonconforming architectural feature on a structure shall not require the alteration of other nonconforming architectural features on the structure to bring it into conformity with the applicable design guidelines.