(a)

Nothing in this ordinance shall be construed to authorize the impairment of any vested right; however, land, buildings and structures and the uses thereof which do not conform to the zoning prescribed for the district in which they are situated may be continued only so long as the then existing or a more restricted use continues and such use is not discontinued for more than two years and so long as the buildings and structures are maintained in their then structural condition and are otherwise in compliance with the codes and ordinances of the city. No nonconforming building or structure may be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming use.

(b)

If at the time of enactment of this ordinance, any legal activity is being pursued, or any lot or structure is being 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 shall be relocated in a permitted area within two years.

(c)

If any change in title or possession or renewal of a lease of any lot or structure, referred to in subsection (b) occurs, the use existing may be continued.

(d)

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.

(e)

(1)

Any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use of a similar or more restricted nature, provided that [the] city council, either by general rule or by making findings in the specific case, shall resolve that the proposed use is equally appropriate or even more appropriate to the character of the surrounding zoning district than the existing nonconforming use. In determining whether the proposed change in use is constant with good zoning practice, and in the public interest, the city council shall consider the following factors:

a.

The construction and adaptability of the existing structure with regard to the proposed use;

b.

The difference in character and degree between the existing use and the proposed use;

c.

The difference in effect the proposed use would have upon adjacent properties compared with the effect of the existing use.

(2)

In the resolution permitting such a change, [the] city council may require appropriate conditions, restrictions, and/or safeguards reasonably necessary for the protection of adjacent properties, and provide that failure to comply with such conditions, restrictions and/or safeguards shall cause the changed use to be unlawful and subject to discontinuance.

(3)

The city administration is authorized to allow the issuance of a business license when a nonconforming use has been discontinued for a period of less than two years and the same business will be conducted in that location.

(f)

Temporary seasonal nonconforming uses that have been in continual operation for a period of one year or more prior to the effective date of this ordinance are excluded.

(Ord. No. 474, § 1, 3-23-1982)

(a)

Any preexisting lot of record at the time of the adoption of any zoning ordinance which is less in area or width than the minimum required by such zoning ordinance may be used when the reasonable requirements of the zoning administrator regarding setbacks and side and rear yards are met.

(b)

In determining requirements for nonconforming lots, the zoning administrator will consider such matters as conformity to neighborhood housing patterns, whether a proposed use will maintain or improve the neighborhood and the setbacks in effect.

Whenever the boundaries of a district are changed, 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 building permit and a certificate of occupancy shall be obtained for all nonconforming uses within 60 days after the adoption of this ordinance. Such permit and certificate 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.

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the structure; provided that, the cubic content of the structure as it existed at the time of passage 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 any official charged with protecting the public safety, upon order of such official.

(a)

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

(b)

A nonconforming activity may be extended throughout any part of a structure which, was arranged or designed for such activity at the time of enactment of this ordinance.

(c)

In order to accommodate normal growth, it is within the meaning of this ordinance to permit the enlargement, extension and structural alteration or the reconstruction in the event of loss by fire or act of God, of any nonconforming building or use thereof which legally existed at the time of passage of this ordinance; provided, however, that such enlargement, extension, structural alteration or reconstruction shall meet the following requirements:

(1)

All yard, height and other applicable dimensional regulations of the district in which the use is located shall be observed.

(2)

Any increase in the size or use of a building made pursuant to this section shall be made in conformity with the regulations of the most restrictive district in which such use would ordinarily be permitted. Such increase shall be limited to the same premises on which the use existed at the time it became nonconforming; provided that in no case shall the nonconforming use be expanded across a zoning district boundary into a more restrictive district.

(3)

No increase in size of a building or use shall be made to create an entirely new use of the property; to establish the extended use as the predominant use of the property; or to occupy more than 100 percent additional land than was used at the time the use became nonconforming.

(Ord. No. 1368, § 1, 6-28-2010)

Residential dwellings which do not meet the current requirements regarding setbacks may be reconstructed or enlarged without the need for a variance, provided that:

(1)

The structure is the principal dwelling; and

(2)

The construction will not reduce the lineal width or depth of the existing front, side or rear yard to less than the minimum lineal distance which currently separates the existing structures from the relevant property line.

(Ord. No. 816, § 1, 2-10-1992; Ord. No. 1368, § 1, 6-28-2010)

Commercially zoned buildings which do not meet the current requirements regarding front yard setbacks may be reconstructed or enlarged without the need for a variance provided that:

(1)

The structure is used for commercial purposes and is located in a commercial zoning district; and

(2)

The construction will not reduce the lineal width or depth of the existing front yard to less than the minimum lineal distance which currently separates the existing structure(s) from the relevant property line.

(Ord. No. 1368, § 1, 6-28-2010)

(a)

Primary structures, located on residential lots not meeting the minimum lot frontage or lot area requirement for their district, may encroach into the required side yard area provided that they maintain a side yard setback of no less than ten feet. Additionally, for lots fronting on more than one street that have at least one front of insufficient width, primary structures may encroach into any required side yard area on the property provided that they maintain a side yard setback of no less than ten feet.

In addition, the following criteria must be met:

(1)

The exterior portion of any primary structure that will be located less than 15 feet from the side property line through this provision, must be constructed using two hour rated fire materials, excluding doors and windows, as defined by the Virginia Uniform Statewide Building Code.

(2)

No principal structure shall exceed the maximum allowable width for a principal structure located on a minimally conforming lot in its respective zoning district.

Lots meeting the minimum lot frontage and lot area requirements are not subject to these allowances and must meet the minimum side yard setback requirements established for their zoning district.

(Ord. No. 1440, § 1, 10-22-2012; Ord. No. 1613, 5-13-2019)

Where a nonconforming structure devoted to a nonconforming activity is damaged, it may be repaired or restored, provided [that] any such repair or restoration is started within 12 months and completed within 18 months from the date of full or partial destruction.