Nothing in this article shall be construed to authorize the impairment of any vested right. 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 the zoning ordinance when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.

For purposes of this article and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project:

(1)

The town council has accepted proffers or proffered conditions which specify use related to a zoning amendment.

(2)

The town council has approved an application for a rezoning for a specific use or density.

(3)

The town council has granted a special exception or use permit with conditions.

(4)

The board of zoning appeals has approved a variance.

(5)

The town council or its designated agent has approved a preliminary subdivision plat, site plan or plan of development for the landowner's property and the applicant diligently pursues approval of the final plat or plan within a reasonable period of time under the circumstances.

(6)

The town council or its designated agent has approved a final subdivision plat, site plan or plan of development for the landowner's property.

(7)

The zoning administrator or other administrative officer has issued a written order, requirement, decision, or determination regarding the permissibility of a specific use or density of the landowner's property that is no longer subject to appeal and no longer subject to change, modification or reversal under section 94.1-394 (Appeal to the board of zoning appeals).

(Ord. of 12-11-00; Ord. No. O-12-24, 12-9-24)

(a)

Continuation of an existing nonconforming use.

(1)

Land, buildings, 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; that such use is not discontinued for more than two years, otherwise it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter; and so long as the buildings or structures are maintained in their then structural condition.

(2)

The uses of such buildings or structures shall conform to current regulations whenever the square footage of a building or structure is enlarged, or the building is structurally altered as provided in the Uniform Statewide Building Code.

(3)

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

(4)

If a nonconforming structure, lot or activity has been changed to a more restrictive use, it may not be changed back to a less restrictive nonconforming use.

(5)

If an existing building that is located on a lot of record does not meet the required setback or yard requirements at the time of passage of this chapter, or amendment thereof, such building shall be considered to be "vested" under this article.

(6)

No nonconforming use may be expanded, and no nonconforming building or structure may be moved on the same lot or to any other lot which is properly zoned to permit such nonconforming use.

(7)

If a nonconforming use (i) maintains a current business license, (ii) the holder of the business license has continuously operated at the same location for at least 15 years and has paid all local taxes related to the use, the town shall allow the holder of the business license to apply for a rezoning or special exception permit without charging any applicable fees generally associated with the application filing.

(b)

Permits. The construction or use of a nonconforming building or land area for which a permit was issued legally prior to the adoption of this chapter may proceed, provided such building is completed within one year of the date of the permit, or such use of land established within 30 days after the effective date of the ordinance from which this chapter derives.

(c)

Repairs and maintenance. 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 chapter shall not be increased. Nothing in this chapter 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.

(d)

Changes in district boundaries. 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.

(e)

Expansion or enlargement.

(1)

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

(2)

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

(f)

Nonconforming lots. Any lot of record at the time of the adoption of this chapter that is less in area or width than the minimum required by this chapter may be used subject to conditions of a variance to the required setbacks, sides and rear yards as may be approved by the board of zoning appeals.

(g)

Restoration or replacement. The owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God shall have the right to repair, rebuild, or replace the building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance. If the building is damaged greater than 50 percent and cannot be repaired, rebuilt, or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a building permit and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of the Uniform Statewide Building Code. Work shall also be in compliance with the provisions of any local floodplain regulations adopted as a condition of participation in the National Flood Insurance Program.

Unless such building is repaired, rebuilt, or replaced within two years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt, or replaced in accordance with the current provisions in the Zoning Ordinance. However, if the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then an additional two years shall be allowed for the building to be repaired, rebuilt, or replaced.

For purposes of this section, "act of God" shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, or fire caused by lightning or wildfire. Owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit arson and obtain vested rights under this section.

(h)

Nonconforming signs. After making a reasonable attempt to notify a property owner of a nonconforming sign, the town may order the removal of the nonconforming sign that has been abandoned. 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. Following the expiration of the two-year period any abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located after notification from the town to do so. If, following the two-year period, the town has made a reasonable attempt to notify the property owner, the town through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the town from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.

(i)

Manufactured homes. Nothing in this section shall be construed to prevent the landowner or homeowner 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. In such mobile or manufactured home park, a single-section home may replace a single-section home and multi-section home may replace a multi-section home.

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

(Ord. of 12-11-00; Ord. No. O-12-24, 12-9-24)