(a)

If on December 31, 1971, any legal activity is being pursued or any lot or structure legally utilized in a manner or for a purpose which does not conform to the provisions of this chapter, such manner of use or purpose may be continued as provided in this chapter, except that advertising structures that become nonconforming because of rezoning have 24 months within which to relocate in a permitted area.

(b)

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

(c)

If any nonconforming use (structure or activity) is discontinued for a period exceeding one year, after December 31, 1971, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.

(d)

Whenever a nonconforming structure, lot or activity has been changed to a more limited nonconforming use, such existing use may only be changed to an even more limited use.

(e)

Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to December 31, 1971, are excluded.

(Code 1997, § 66-186)

(a)

All nonconforming uses shall obtain a zoning permit and a certificate of occupancy within 60 days after December 31, 1971. Such permits 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 December 31, 1971, may proceed, provided such building is completed within one year, or such use of land established within 30 days after December 31, 1971.

(Code 1997, § 66-187)

On any building devoted in whole or in part to a nonconforming use, work may be done on ordinary repairs, or on repairs or replacement of walls, roof, fixtures, wiring or plumbing, to an extent not exceeding ten percent of the current replacement value of the structure so as to strengthen or restore to a safe condition any structure or part thereof declared unsafe for use by any official charged with protecting the public safety, upon order of such official. No such work may expand the exterior dimensions of the structure or usable interior cubic content appertaining to the structure's nonconforming use beyond that which existed on December 31, 1971.

(Code 1997, § 66-188)

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.

(Code 1997, § 66-189)

(a)

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

(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 chapter.

(c)

In areas previously devoted to agricultural use and where such use continues, uninhabited structures such as barns, smokehouses, well-houses, etc., used for agricultural purposes only, may be constructed or enlarged with a special exception. The planning commission should hear these requests on a case-by-case basis and render a recommendation based on future use of the land and the compatibility with surrounding uses.

(d)

A nonconforming activity or use shall not be extended, expanded, enlarged or moved to occupy a different or greater area of land than was occupied by such activity or use at the time it became nonconforming, except as provided in subsection (c) of this section.

(e)

The provisions of subsections (a), (b), (c) and (d) of this section shall not apply to manufactured housing, related provisions for which are found in section 66-923.

(Code 1997, § 66-190; Ord. No. 98-7, § 1(66-190), 7-27-1998)

Any lot of record on December 31, 1971, that is less in area or width than the minimum required by this chapter may be used when the requirements of the board of zoning appeals regarding setbacks, side and rear yards are met.

(Code 1997, § 66-191)

(a)

If a nonconforming activity is destroyed or damaged in any manner, to the extent that the cost of restoration to its condition before the occurrence shall exceed 50 percent of the cost of reconstructing the entire activity or structure, it shall be restored only if such use complies with the requirements of this chapter.

(b)

If a nonconforming structure is destroyed or damaged in any manner to the extent that the cost of restoration to its condition before the occurrence shall exceed 25 percent of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.

(c)

Where a conforming structure devoted to a nonconforming activity is damaged less than 50 percent of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75 percent of the cost of reconstructing the entire structure, either may be repaired or restored, provided any such repair or restoration is started within 12 months and completed within 18 months from the date of partial destruction.

(d)

The cost of land or any factors other than the cost of the structure are excluded in the determination of cost of restoration for any structure or activity devoted to a nonconforming use.

(Code 1997, § 66-192)

(a)

Effective January 23, 2008, all signs not specifically permitted by provisions in this chapter are prohibited.

(b)

Signs lawfully existing prior to the effective date or for which zoning compliance was approved prior to the effective date that do not conform to the provisions of this chapter and signs that are accessory to and on the same premises as a nonconforming use shall be deemed to be preexisting, nonconforming signs and may remain except as qualified herein. Construction of any such signs, for which building permits or zoning compliance was approved but which remain unfinished as of the effective date, shall be completed prior to January 22, 2010, or they shall no longer be deemed preexisting, nonconforming signs pursuant to this subsection and shall be subject to removal provisions stated herein.

(c)

Preexisting, nonconforming signs shall not be enlarged, extended, increased in height, raised in height, relocated on a parcel, 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, sign area, and lighting.

(d)

The burden of establishing preexisting 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) lawfully existed at time of erection. Failure to provide such verification shall be cause for the zoning administrator to order that such sign be removed.

(e)

Nothing in this section shall be deemed to prevent keeping in good repair a preexisting, nonconforming sign, subject to the qualifications herein.

(f)

A preexisting nonconforming sign that is damaged or destroyed by a natural disaster or other act of God may be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, but if the sign 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 sign shall be in compliance with all applicable provisions of local, state, and federal law. Unless such sign is repaired, rebuilt, or replaced within two years of the date of the natural disaster or other act of God, such sign shall only be repaired, replaced, or rebuilt in accordance with the provisions of the zoning ordinance of the locality. However, if the nonconforming sign is in an area under a federal disaster declaration and the sign has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then an additional two years is allowed for the sign to be repaired, replaced, or rebuilt.

(g)

Nothing in this section shall be construed to prevent the county, after making a reasonable attempt to notify such property owner, from ordering the removal of a 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 or if one-half or more of the sign faces on the sign structure has remained vacant of advertisement for an active product, business, or service for a period of at least two years, or if the sign has fallen into such disrepair as to constitute a safety hazard and has not been repaired for a period of at least two years. Following the expiration of the two-year period, the locality may order the owner of the property on which the sign is located to remove the sign, and the owner shall do so. If, following such two-year period and such notification by the county, the sign has not been removed, the county through its own agents or employees may enter the property upon which the sign is located and remove any such sign. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the locality 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.

(Ord. No. 2008-04, § 1, 4-8-2008)

(a)

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 and obtain vested rights under this section.

(b)

The owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God, who owned such building at the time of such natural disaster, may repair, rebuild, or replace such building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in § 66-136.

(c)

If such 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.

(d)

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 (Code of Virginia, § 36-97 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.

(e)

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 provisions of the zoning ordinance of the locality. 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 is allowed for the building to be repaired, rebuilt or replaced as otherwise provided in this section.

(Ord. No. 2011-009, §§ 4, 5, 6-14-2011)

State Law reference— Code of Virginia (1950, as amended), § 15.2-2307.