(A)

It is the intent of this Ordinance not to impair any vested right, as defined under Virginia law.

(B)

Virginia law recognizes that the integrity and uniform application of this Ordinance and the encouragement of consistency of development and harmony of communities require the regulation of nonconforming uses, structures, and lots in a manner consistent with sound planning and zoning principles.

(C)

Nonconforming uses, structures, and lots that are declared to be incompatible with the zoning districts in which they are located are, therefore, authorized to continue only under the circumstances provided in this Article.

(D)

Except in certain specified instances, those uses, structures and lots that have become nonconforming with the standards applied to other development under this Ordinance should not be encouraged to maintain their nonconformity and should not be allowed to expand in a manner that would increase their nonconformity.

(E)

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

(F)

No use shall be determined to be illegal under this Ordinance where such determination is prohibited under Sec. 15.2-2307 of the Code of Virginia.

(A)

Nothing in this article shall be construed to authorize the impairment of any vested right.

(B)

Without limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to a Zoning Ordinance when the landowner:

(1)

Obtains or is the beneficiary of a significant affirmative governmental act (as defined in Sec. 15.1-2307 of the Code of Virginia) which remains in effect allowing development of a specific project,

(2)

Relies in good faith on the significant affirmative governmental act, and

(3)

Incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

(A)

Nonconforming Uses. Any lawful use that exists as of the adoption or amendment of this Ordinance but no longer conforms to the zoning requirements or standards of the city as a result of the adoption or amendment shall be considered a nonconforming use and may be continued subject to the requirements of this article.

(B)

Continuation of Nonconforming Uses. In addition to ongoing lawful uses, a nonconforming use may continue, subject to the provisions, conditions, and prohibitions set forth herein, under the following circumstances and subject to the following limitations.

(1)

Permit Issued. When a land disturbance or building permit has been issued as of the adoption or amendment of this Ordinance for development of a use and the use no longer conforms to the zoning requirements or standards of the City as a result of the adoption or amendment, the development may proceed and the use shall be considered nonconforming so long as the development is completed prior to expiration or earlier termination of the permit.

(2)

Completed Site Plan. When a Site Plan for development of a use is deemed by the City Engineer to be substantially complete in its submission as of the adoption or amendment of this Ordinance for development of a use and the use no longer conforms to the zoning requirements or standards of the city as a result of the adoption or amendment, the development may proceed and the use shall be deemed nonconforming so long as final approval of the Site Plan is obtained within six months of the date of adoption or amendment.

(3)

Single-Family Residential Uses. Nonconforming single-family residential uses may be expanded to the extent authorized by a Special Exception granted pursuant to Sec. 40.2-535 of this Ordinance.

(4)

Change, Enlargement, or Extension of Area used by a Nonconforming Use. The area occupied or used by a nonconforming use shall not be:

(a)

Changed, enlarged, or extended to either occupy or use an additional area of the same lot or structure other than that which existed on the effective date of the zoning regulations applicable to the district in which the use is located; or

(b)

Changed, enlarged, or extended to occupy a structure not used for the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or

(c)

Moved, in whole or in part, to any portion of the lot or any other lot, unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located; or

(d)

Moved, in whole or in part, to another structure unoccupied or unused by the nonconforming use on the effective date of the zoning regulations applicable to the district in which the use is located.

(5)

Enlargement or Extension of a Nonconforming Use.

(a)

A nonconforming use shall not be enlarged or extended such that the character of the use existing on the effective date of the zoning regulations applicable to the district in which the use is located is changed.

(b)

The Zoning Administrator's determination of whether the character of a nonconforming use has changed shall be based on the magnitude of the change in size and scope of the use and the effects these changes have upon the purposes of this section.

(c)

In evaluating the change in the size and scope the use an increase in the volume or intensity of the use and any alteration or variation in the use shall be considered.

(d)

A mere increase in the volume, intensity, or frequency of the use that is trivial, insubstantial, or reasonably customary or incidental, and that is not accompanied by an alteration or variation in the use, shall not be deemed to be an enlargement or extension of the use.

(6)

Enlargement, Extension, Reconstruction, or Structural Alteration of a Structure. A structure that is used, in whole or in part, for a nonconforming use shall not be enlarged, extended, reconstructed, or structurally altered, except in the following circumstances:

(a)

Residential Sanitary Facilities. Notwithstanding any other provision of this Ordinance, the sole purpose of the enlargement or extension is to house a potable water supply, toilet, or other sanitation facilities in a location approved by the Zoning Administrator.

(b)

Ordinary Repairs and Maintenance of Structure. The repairs consist of ordinary repairs and maintenance, or the repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, which is necessary to keep the structure in an unstable condition.

(c)

Repairs or Reconstruction of Structure. The repairs or reconstruction is performed on a structure that is damaged as a result of factors beyond the control of the owner or occupant thereof, provided that:

(i)

The repairs or reconstruction commence within one year and are completed within two years, from the date of the damage;

(ii)

The structure is not enlarged or extended as a result of the repair or reconstruction.

(7)

Change to another Nonconforming Use.

(a)

If a nonconforming use is changed to a more restricted nonconforming use, the original nonconforming use shall be deemed to be abandoned and the use shall not thereafter be changed back to the original nonconforming use, unless granted a Special Exception in accordance with Sec. 40.2-535.

(8)

Change of Ownership. A change in occupancy or ownership of the nonconforming use, the structure, or the lot on which the nonconforming use is located, shall not affect the right to continue such use.

(9)

Termination of Nonconforming Status.

(a)

The nonconforming status of a use shall terminate and become unlawful if the use is enlarged or extended, or the structure used for the nonconforming use is enlarged, extended, reconstructed or structurally altered, in a manner not authorized by this section.

(b)

Upon termination of the nonconforming status, the use of the lot or structure shall immediately comply with the regulations set forth in this Ordinance applicable to the district in which the use is located.

(10)

Discontinuance of a Nonconforming Use.

(a)

A nonconforming use and all uses accessory thereto shall be discontinued, and any use of the structure or lot shall thereafter comply with the regulations set forth in this Ordinance applicable to the district in which the use is located, if the nonconforming use is discontinued for more than two years, regardless of whether the use was continuous or seasonal.

(b)

The two year period shall not be tolled during any period during which a structure in which the nonconforming use is conducted is extended, enlarged, repaired, reconstructed or altered as provided in this section.

(c)

The continuation of a use that is accessory to the nonconforming use during the two year period shall not continue the nonconforming use.

(A)

Nonconforming Structures. Any lawfully used or configured structure which exists as of the adoption or amendment of this Ordinance, but no longer conforms to the zoning requirements or standards of the City as a result of the adoption or amendment, shall be considered a nonconforming structure and may continue to be used subject to the requirements of this article.

(B)

Continuation of Nonconforming Structures. A nonconforming structure may continue, subject to the provisions, conditions, and prohibitions set forth herein.

(1)

Permit Issued. When a land disturbance or building permit has been issued as of the adoption or amendment of this Ordinance for development of a structure and the structure no longer conforms to the zoning requirements or standards of the City as a result of the adoption or amendment, the development may proceed and the structure shall be considered nonconforming so long as the development is completed prior to expiration or earlier termination of the permit.

(2)

Completed Site Plan. When a Site Plan for development of a structure is deemed by the City Engineer to be substantially complete in its submission as of the adoption or amendment of this Ordinance for development of a structure and the structure no longer conforms to the zoning requirements or standards of the City as a result of the adoption or amendment, the development may proceed and the structure shall be deemed nonconforming so long as final approval of the Site Plan is obtained within six months of the date of adoption or amendment.

(3)

Extension or Enlargement of a Nonconforming Structure. A nonconforming structure shall not be enlarged or extended except in the following circumstances, and provided that the enlargement or extension comply with all other applicable requirements:

(a)

Conforming Use and Compliance with Setbacks. The use of the structure complies with the zoning regulations applicable to the district in which the structure is located, and otherwise complies with the front yard, rear and side setback requirements applicable to the district in which the lot is located.

(b)

Special Exception. A nonconforming structure may be enlarged or extended to the extent authorized by a Special Exception granted pursuant to Sec. 40.2-535 of this Ordinance. A Special Exception may be applied for to authorize the expansion of a nonconforming structure in accordance with Sec. 40.2-535.

(c)

Residential Sanitary Facilities. Notwithstanding any other provision of this Ordinance, the sole purpose of the enlargement or extension is to house a potable water supply, toilet or other sanitary facilities in a location approved by the Zoning Administrator.

(4)

Repairs, Reconstruction or Structural Alterations of a Nonconforming Structure. A nonconforming structure shall not be reconstructed or structurally altered, except in the following circumstances:

(a)

Damage Caused by Factors Beyond Control of Owner or Occupant. The nonconforming structure (other than a nonconforming sign) is damaged as a result of factors beyond the control of the owner or occupant thereof, provided that:

(i)

The repairs, reconstruction or structural alterations commence within one year, and are completed within two years, from the date of such damage; and

(ii)

The structure is not enlarged or extended as a result of such repair, reconstruction or structural alteration; and

(iii)

Except as provided in Sec. 40.2-403(B)(4)(d) below, if a building or other structure that is nonconforming, or that houses a nonconforming use or is located on a nonconforming lot, is damaged or destroyed and the cost of restoration to its condition before the occurrence exceeds 50 percent of the value of the building or structure prior to the damage, then it shall be restored only in a manner that is no longer nonconforming and complies with the requirements of this Ordinance.

(b)

Repair to Correct Unsafe Condition in Structure.

(i)

Notwithstanding any other provision of this Ordinance, a nonconforming structure that has been declared unsafe by a public safety official may be repaired to strengthen or restore the structure or any part thereof to a safe condition.

(ii)

The repairs may include improvements to provide fire safety and handicapped access, as provided in the Americans with Disabilities Act (ADA) guidance on buildings and structures, even though these improvements are not mandatory.

(c)

Structural Alteration Reducing Size of Nonconforming Structure.

(i)

A nonconforming structure may be structurally altered to reduce its height or floor area.

(ii)

However, if a nonconforming structure is altered so as to reduce either the height or the floor area of the structure, the height or the floor area of the original nonconforming structure shall be deemed to be abandoned and the structure shall not thereafter be altered to the original nonconforming structure.

(d)

Major Restoration due to Acts of God. The provisions of this section shall apply notwithstanding any provision to the contrary in this article or this Ordinance.

(i)

If any building or other structure that is nonconforming, or that houses a nonconforming use or is located on a nonconforming lot, is damaged or destroyed by a natural disaster or other act of God or an accidental fire, then it may be repaired, rebuilt or replaced in a manner so as to eliminate or reduce any nonconforming features to the extent possible, without the need to obtain a Variance or Special Exception. Any work done to repair the structure shall be in compliance with the:

a.

Uniform Statewide Building Code; and

b.

Chapter 14.1 of the City Code (Flood Protection).

(ii)

If the building or structure is damaged such that the cost of restoration exceeds 50 percent of its value prior to the damage, and it and cannot be repaired, rebuilt or replaced other than to restore it to its original nonconforming condition, then it may be restored to its original nonconforming condition.

(iii)

The right to repair, rebuild or replace a building as provided in subsection (ii) shall expire on that date which is two years from the date of the natural disaster, act of God or accidental fire; provided however, if the building is in an area under a federal disaster declaration and the damage was a direct result of the conditions that gave rise to the declaration, then the right to repair, rebuild or replace a building as provided in subsection (ii) shall expire on that date which is four years from the date of the natural disaster, act of God or accidental fire.

(e)

General Rules Applicable to Restoration.

(i)

The provisions of this section are applicable to repairs, rebuilds, replacements or restorations of buildings and structures under Sec. 40.2-403.

(ii)

To retain nonconforming status, the repairs, reconstruction or structural alterations commence within one year, and be completed within two years, from the date of such damage; and

(iii)

The value of a building or structure prior to the damage necessitating the repair, rebuild, replacement or restoration shall be determined based on the City's assessed value of the building or structure, unless the owner submits a current appraisal prepared by a certified appraiser.

(iv)

The cost of restoration shall be based on the market value of the work to be done, including materials and labor shall be based on the market value of the work to be done, including materials and labor, and may be established by an estimate from a licensed contractor that is approved by the building official.

(v)

All repair or replacement work shall be performed only after obtaining any required building or other permits and shall be in compliance with the provisions of the Uniform Statewide Building Code and Ch. 14.1 of the City Code (Flood Protection).

(vi)

In no event shall any repair or restoration increase, expand, or enlarge the degree of nonconformity unless otherwise approved under the provisions of this Ordinance.

(5)

Relocation of a Nonconforming Structure. A nonconforming structure shall not be moved to another location on the same lot or to any other lot unless the structure becomes conforming as a result of the relocation.

(6)

Accessory Structures. The construction of accessory structures on lots with an existing single-family residential use is permitted, so long as the accessory structure complies with the requirements of this Ordinance.

(7)

Effect of Change of Ownership. A change of the ownership or occupancy of the nonconforming structure or the lot on which the nonconforming structure is located shall not affect the status of the nonconforming structure.

(8)

Termination of Nonconforming Status.

(a)

The nonconforming status of a structure shall terminate and become unlawful if the structure is enlarged, extended, repaired, reconstructed, structurally altered or replaced in a manner not authorized by this section.

(b)

Upon termination of the nonconforming status, the structure shall immediately comply with the regulations set forth in this Ordinance applicable to the district in which the structure is located.

(9)

Discontinuance of Use of Nonconforming Structure.

(a)

Use of a nonconforming structure shall be discontinued, and the structure shall thereafter comply with the regulations set forth in this Ordinance applicable to the district in which the structure is located, if the occupation or use is discontinued for more than two years, regardless of whether the prior occupancy or use of the structure was continuous or seasonal.

(b)

The two year period shall be tolled during any periods during which the owner diligently and in good faith pursues obtaining an occupant or use for the structure and during the period during which the owner diligently and in good faith extends, enlarges, repairs, reconstructs or alters a structure as authorized in this section.

(A)

Nonconforming Lots. Any lawfully used or configured lot which exists as of the adoption or amendment of this Ordinance, but no longer conforms to the zoning requirements or standards of the City as a result of the adoption or amendment, shall be considered a nonconforming lot and may continue to be used subject to the requirements of this article.

(B)

Continuation of Nonconforming Lots. A nonconforming lot may continue, subject to the provisions, conditions, and prohibitions set forth herein.

(1)

Uses Allowed on a Nonconforming Lot. A nonconforming lot may be used as though it satisfies the zoning regulation that makes it nonconforming, provided that:

(a)

The use is either an existing nonconforming use; or

(b)

Is a proposed use that complies with the zoning regulations applicable to the district in which the lot is located other than the zoning regulation that makes the lot nonconforming.

(2)

Nonconforming Lot Subdivision Requirements. A nonconforming lot may be subdivided as part of a subdivision provided that all of the resulting lots comply with the requirements of the zoning district in which they are located and all other applicable requirements of the City Code.

(3)

Combination of a Nonconforming Lot with Another Lot.

(a)

A nonconforming lot may be combined with another lot provided the size, area, and frontage of the resulting lot is increased to make it conforming; or

(b)

A nonconforming lot may be combined with another lot if the size, area, and/or frontage of the resulting lot is less nonconforming in order to make the resulting lot less nonconforming.

(i)

This is permitted in circumstances where the owner does not own or control sufficient property to make the lot conforming.

(ii)

This is permitted to authorize the approval of adjusting lot lines to make a parcel less nonconforming.

(4)

Change to Nonconforming Lot resulting from Public Dedication or Eminent Domain. The area of a nonconforming lot may be reduced by the dedication of land for public use or by the exercise of eminent domain.

(5)

Effect of Change of Ownership. A change of the ownership or occupancy of a nonconforming lot shall not affect the status of the nonconforming lot.

(Ord. No. 2021-94, § 1(Exh. A), 10-12-2021)

(A)

If a sign that is nonconforming due to its size, height, and/or location is destroyed by acts of God, it may not thereafter be repaired, reconstructed or replaced except in conformity with all the provisions of this Ordinance. For purposes of this section, a nonconforming sign is "destroyed" if damaged to the extent that the cost of repairing the sign to its former stature equals or exceeds the value of the sign so damaged.

(B)

If a sign that is nonconforming due to its size, height and/or location is abandoned, it shall be removed or brought into conformance with all requirements of this Ordinance. 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.

(C)

Upon notice from the City, any nonconforming sign that has been abandoned shall be removed by the owner of the property on which the sign is located.

(D)

If the City has made a reasonable attempt to notify the property owner and the sign has not been removed, the City may enter upon the owner's property and remove the sign.

(E)

The cost of such removal shall be chargeable to the property owner.

(A)

Nothing in this Ordinance shall be construed to prevent the land owner 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 (Code of Virginia § 8.9A-102(53)).

(B)

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.

(C)

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.

(D)

Any such replacement home shall retain the valid nonconforming status of the prior home.