Nonconforming uses and structures are incompatible with permitted uses in the districts involved. It is the intent of this article to permit lawful nonconforming uses and structures to continue until they are removed, but not to encourage their survival or expansion.

(Ord. No. 002-34, 9-3-02)

Where a lawful structure exists at the effective date of the adoption or amendment of this article that could not be built under the current regulations for the district in which it is located, such structure is a nonconformity.

(Ord. No. 002-34, 9-3-02)

(a)

A nonconforming building or structure, except for off-premises signs which are subject to Code of Virginia, § 33.2-1219, as amended, shall conform to current zoning regulations whenever the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Virginia Uniform Statewide Building Code. The owner of a structure may enlarge or alter the structure including any proposed increase in square footage, provided that structure shall not further encroach into the nonconforming area except as provided in this section. Under all other situations, an applicant will be required to apply to the BZA for a variance; however, any building or structure may be altered to decrease its nonconformity without the requirement for a special exception or variance.

(b)

The owner of any building or structure, except for off-premises signs which are subject to Code of Virginia, § 33.2-1219, as amended, damaged or destroyed by a natural disaster or other act of God may repair, rebuild, or replace such building or structure to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance from the BZA. If such building or structure is damaged greater than fifty (50) percent and cannot be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features, the owner may restore it to its original nonconforming condition as long as the building or structure is not repaired, rebuilt, or replaced in a manner which increases its nonconforming characteristic. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building or structure shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild or replace such building or structure shall be in compliance with the provisions of the flood overlay district. Unless such building or structure is repaired, rebuilt 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 zoning district in which it is located. However, if the nonconforming building or structure 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 the owner shall have an additional two (2) years for the building to be repaired, rebuilt or replaced as otherwise provided in this subsection. 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. For purposes of this section, 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 an arson under Code of Virginia, §§ 18.2-77 or 18.2-80, as amended, and obtain vested rights under this section. "Accidental means" shall not include any intentional act by the property owner to damage or destroy the building or structure.

(c)

If a nonconforming structure is moved for any reason, and for any distance, it shall thereafter, upon relocation, conform to the current regulations for the zoning district in which it is relocated.

(d)

Such buildings or structures, except for off-premises signs which are subject to Code of Virginia, § 33.2-1219, as amended, shall conform to such regulations whenever they are enlarged, extended, reconstructed or structurally altered.

(Ord. No. 002-34, 9-3-02; Ord. No. O06-58, 8-1-06; Ord. No. O06-80, 12-5-06; Ord. No. O08-20, 3-18-08; Ord. No. O10-04, 6-15-10; Ord. No. O10-33, 8-17-10; Ord. No. O16-30, 11-1-16; Ord. No. O17-04, 1-24-17)

(a)

If no structural alterations are made, a lawful nonconforming use of a structure may be changed to another nonconforming use of the same or more restrictive classification. Whenever a lawful nonconforming use of a structure has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use.

(b)

A nonconforming use shall not be expanded or extended into any other portion of the structure which was not occupied by the nonconforming use at the time of the adoption of this article or any amendment hereto. The nonconforming use of land which does not involve a structure or which is an accessory to the nonconforming use of a structure shall not be expanded or extended beyond the area it occupies at the time of the adoption of this article or any amendment hereto.

(c)

No existing structure, or portion thereof, which includes a nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, unless such use is changed to one permitted in the district in which such building or premises is located.

(Ord. No. 002-34, 9-3-02)

(a)

A lawful nonconforming lot or parcel which does not meet the requirements for minimum lot width or area, or both, may be utilized for a permitted use subject to the provisions of this article, provided the yard and setback dimensions and other requirements shall conform to the regulations for the district on which the lot is located. Variance of yard and setback requirements shall be obtained only through the board of zoning appeals.

(b)

The amount, quantity or degree of any existing nonconformity may not be increased and no new nonconformity on the lot can be created.

(Ord. No. 002-34, 9-3-02)

The use of any legally nonconforming land, building, or structures and the use thereof may be continued only so long as the then-existing, or a more restricted, use continues and is not discontinued for more than two (2) years.

(Ord. No. O08-20, 3-18-08)

(a)

Signs lawfully existing on the effective date of this chapter or prior ordinances, which do not conform to the provisions of this chapter, and signs which are accessory to a nonconforming use shall be deemed to be nonconforming signs and may remain except as qualified below. The burden of establishing nonconforming status of signs and of the physical characteristics/location of such signs shall be that of the owner of the property. Upon notice from the zoning administrator, a property owner shall submit verification that sign(s) were lawfully existing at time of erection. Failure to provide such verification shall be cause for order to remove sign(s) or bring sign(s) into compliance with the current ordinance.

(b)

No nonconforming sign shall be enlarged nor shall any feature of a nonconforming sign, such as illumination, be increased.

(c)

Nothing in this section shall be deemed to prevent keeping in good repair a nonconforming sign. Nonconforming signs shall not be extended or structurally reconstructed or altered in any manner, except a sign face may be changed so long as the new face is equal to or reduced in height and/or sign area.

(d)

No nonconforming sign shall be moved for any distance on the same lot or to any other lot unless such change in location will make the sign conform in all respects to the provisions of this article.

(e)

A nonconforming sign that is destroyed or damaged by any casualty to an extent not exceeding fifty (50) percent of its area may be restored within two (2) years after such destruction or damage but shall not be enlarged in any manner. If such sign is so destroyed or damaged to an extent exceeding fifty (50) percent, it shall not be reconstructed but may be replaced with a sign that is in full accordance with the provisions of this article.

(f)

A nonconforming sign which is changed to becoming conforming or is replaced by a conforming sign shall no longer be deemed nonconforming, and thereafter such sign shall be in accordance with the provisions of this article.

(g)

A nonconforming sign structure shall be subject to the removal provisions of section 28-127. In addition, a nonconforming sign structure shall be removed if the use to which it is accessory has not been in operation for a period of two (2) years or more. Such structure sign shall be removed by the owner or lessee of the property. If the owner or lessee fails to remove the sign structure, the zoning administrator or designee shall give the owner fifteen (15) days' written notice to remove it. Upon failure to comply with this notice, the zoning administrator or designee may enter the property upon which the sign is located and remove any such sign or may initiate such action as may be necessary to gain compliance with this provision. The cost of such removal shall be chargeable to the owner of the property.

(Ord. No. O08-20, 3-18-08; Ord. No. O17-04, 1-24-17)

Any lot which by reason of a realignment of a federal or state highway or by reason of condemnation proceedings, has been reduced in size to an area less than that required by law or ordinance, shall be considered a lawful nonconforming lot of record subject to the provisions set forth in county Code section 28-275. Any lawful use or structure existing at the time of such highway realignment or condemnation proceeding, which would thereafter no longer be permitted under the terms of this chapter, shall be considered to be a lawful nonconforming use or structure, as that term is defined in this chapter.

(Ord. No. O16-30, 11-1-16)