The purpose of this article is to regulate and limit the development and continued existence of uses, structures, and lots established prior to the effective date of this chapter which do not conform to the requirements of this chapter. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of this chapter or previous zoning ordinances and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of this chapter or any subsequent reclassification of zoning districts or other amendment to this chapter, may be continued or maintained only in accordance with the terms of this article.

(Ord. No. 23-66, 10-24-95)

A nonconforming use shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of this chapter or previous zoning ordinances or the effective date of any amendment to this chapter rendering such use nonconforming.

(Ord. No. 23-66, 10-24-95)

If a nonconforming use is abandoned for a period of two (2) years, including any period of abandonment before the effective date of this chapter or previous zoning ordinances, then that use shall not be renewed or re-established and any subsequent use of the lot or structure shall conform to the use regulations of the zoning district in which it is located.

(Ord. No. 23-66, 10-24-95)

A nonconforming use may be changed to a permitted use or special use for the zoning district in which the property is located. A nonconforming use shall not be changed to another nonconforming use, except where the new nonconforming use is a use permitted in a more restrictive zoning district. In such cases, the new nonconforming use shall be treated and reviewed as a special use in accordance with the procedures and standards set forth in article 4, division 5 of this chapter.

(Ord. No. 23-66, 10-24-95)

(a)

Ordinary repairs and maintenance may be made to a nonconforming structure.

(b)

If a residential or commercial building is damaged or destroyed by any event other than criminal conduct by, or at the instance of, the building's owner, such building may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in the Code of Virginia, § 15.2-2310. If such building 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 (§§ 36-98 et seq.) and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such building is repaired or rebuilt within two (2) years of the date of the natural disaster or replaced within two (2) 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 provisions of the current 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 (2) years for the building to be repaired, rebuilt or replaced shall be provided.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-72, 4-22-97; Ord. No. 23-130, 2-10-09)

(a)

A nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure, except as set forth in subsections (b), (c), (d), (e) and (f) below.

(b)

Notwithstanding the restriction set forth in (a) above, a single-family detached dwelling which is nonconforming due to the minimum yards set forth in articles 6 or 7 for the district in which it is located may be enlarged or altered provided that the enlargement or alteration itself conforms to the requirements set forth in articles 6 and 7 of this chapter.

(c)

Notwithstanding the restriction set forth in (a) above, any structure which is occupied by the county itself, or by a government agency and which is nonconforming due to the minimum setbacks, height limit, or floor area ratio limits set forth in articles 6 or 7 for the district in which it is located, may be enlarged or altered.

(d)

Notwithstanding the restrictions set forth in (a) above, for lots in the I-1 and I-2 districts where the use is a permitted use, but where the current development standards (including, but not limited to, parking, yards, landscaping, screening and buffering, height, signs, floor area ratio and open space) are not met, expansion of the building, and expansion of the land area within the lot devoted to activities other than buildings, may be approved provided all current development standards applicable to the expansion are met and provided such alteration or expansion does not increase the degree of nonconformity as to minimum yards, height or floor area ratio set forth in articles 6 or 7 for the district in which it is located.

(e)

Notwithstanding the restriction set forth in subsection (a) above, a commercial structure which is nonconforming due to the minimum yards set forth in articles 6 or 7 for the district in which it is located may be enlarged or altered provided that the enlargement or alteration itself conforms and the increase in size is no more than twenty-five (25) percent of the gross floor area to the requirements set forth in articles 6 and 7 of this chapter.

(f)

Notwithstanding the restrictions set forth in (a) above, the reconstruction of an existing electrical transmission line may be undertaken if done in substantial conformance with the existing transmission line, structures and appurtenances. This exception permits the replacement, upgrade, and modernization of existing transmission lines and supporting structures and appurtenances. The replacement of appurtenances, includes, but is not limited to, the replacement of wooden structures with steel structures under this exception. The average height of the new structures in the County may vary from the height of the old structures by plus or minus fifteen (15) percent. The location of the new structures may vary from the existing locations by up to sixty (60) feet and the footprint of the new structures may vary so long as the new structures are located within existing easements. The location of any new structures and/or switch structures within the public rights-of-way shall be regulated by the county administrator under the appropriate franchise regulations.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-160, 1-13-15; Ord. No. 23-169, § 1, 4-25-17)

A nonconforming structure shall not be moved in whole or in part to any other location unless every portion of such structure and the use thereof is made to conform with all requirements for the zoning district to which such structure is moved.

(Ord. No. 23-66, 10-24-95)

A lot of record on the effective date of this chapter or previous zoning ordinance which is less in area or width than the minimum required by this chapter including those lots rendered nonconforming by voluntary donation or dedication of property to public use for any federal, state or local program including but not limited to the implementation of the Virginia Department of Transportation Rural Addition Program may be used if the current yard requirements are met.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-72, 4-22-97; Ord. No. 23-73, 8-12-97)