The use of land, use of a structure, or a structure itself, shall be deemed to have lawful nonconforming status when each of the following conditions is satisfied:

A.

The use or structure does not conform to the current regulations prescribed in the district in which such use or structure is located, but was lawfully in existence and lawfully constructed, located and operating prior to, and at the time of the event that made such use or structure nonconforming.

B.

The event that made such use or structure nonconforming was one of the following: boundary adjustment of the City, adoption of this Chapter or a previous zoning ordinance, or amendment of this Chapter.

C.

The nonconforming use or the use occupying the nonconforming structure has been operating since the time that the use or structure first became nonconforming without abandonment, as abandonment is defined in Sec. 98-8.1.2, below.

Whenever a nonconforming use is abandoned, the right to have the nonconforming use shall cease and all future uses of the premises shall henceforth conform to this Chapter. Abandonment shall involve the actual act of discontinuance, regardless of the intent of the user or owner to discontinue a nonconforming operation. Any nonconforming use that is discontinued for, or that remains vacant for a period of two years shall be considered to have been abandoned. Any nonconforming use that is moved from the premises shall be considered to have been abandoned.

(Ord. No. 2014-87, 11/20/14)

The burden of establishing nonconforming status under this Chapter shall, in all cases, be that of the owner or the party claiming a lawful nonconforming use and/or structure, and not the City's.

The lawful, conforming use of a structure, as explained in Sec. 98-1.14.1, existing at the effective date of this Chapter, may be continued, although the structure's size or location does not conform with the yard, dimensional, height, parking, loading, access, lot area and pervious area provisions of this Chapter.

If a nonconforming structure is damaged by calamity natural disaster or an act of God, it may be restored as authorized by VA Code Ann. Sec. 98-15.2-2307.

The owner of a nonconforming structure damaged or destroyed by a natural disaster or other act of God may replace, repair or rebuild such building to eliminate or reduce the nonconforming features to the extent possible without the need to obtain a variance.

A nonconforming structure damaged or destroyed by a natural disaster or other act of God to an extent greater than 50 percent of its pre-damage/destruction value shall be restored in accordance with the provisions of the current zoning ordinance.

In the event that a nonconforming structure damaged or destroyed by a natural disaster or other act of God to an extent greater than 50 percent of its pre-damaged/destruction value 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.

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 current zoning ordinance.

(Ord. No. 2014-87, 11/20/14)

A nonconforming structure, including a manufactured home, may not be moved for any reason or for any distance, unless when so moved, it complies with the regulations for the district in which it is located. Further, any subsequent reuse of the lot or lots on which the nonconforming structure has been moved must comply with the regulations for the district in which it is located. The provisions of this subsection shall not apply to involuntary movements of uses as a result of condemnation actions or other litigation.

A nonconforming structure may not be enlarged or expanded, except as provided in Sec. 98-1.13.5.C.2(c).

Notwithstanding other provisions to the contrary, a structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

A.

Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.

B.

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any flood plain areas to an extent or amount of less than 50 percent of its market value shall conform to the VA USBC.

C.

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of 50 percent or more of its market value shall be undertaken only in full compliance with this ordinance and shall require the entire structure to conform to the VA USBC.

The lawful nonconforming use of a structure or land at the effective date of this Chapter may be continued so long as the then existing or a more restricted use continues, except that:

A.

Only that portion of the land in actual use may be so continued, and the nonconforming use may not be enlarged, expanded or extended, nor may any additional structures be added to be occupied by the nonconforming use.

B.

Normal maintenance, repair, and incidental alteration of a building occupied by a nonconforming use are permitted, provided it does not extend the nonconforming use. A structure occupied by a nonconforming use may be changed to make the structure more in character with the uses permitted in the district in which it is located.

(Ord. No. 2014-87, 11/20/14)

A nonconforming use, including a manufactured home, may not be moved for any reason or for any distance, unless when so moved, it complies with the regulations for the district in which it is located. Further, any subsequent reuse of the lot or lots on which the nonconforming structure has been moved must comply with the regulations for the district in which it is located. The provisions of this subsection shall not apply to involuntary movements of uses as a result of condemnation actions or other litigation.

Once a nonconforming use has been changed or altered so as to comply with the provisions of this Chapter, it shall not revert back to a nonconforming use.

After a nonconforming use has been discontinued for a period of at least two years, it shall not be re-established on the lot.

A.

If a lawful lot in any zoning district was recorded in the official records of the clerk of the Circuit Court, prior to the effective date of this Chapter, or any pertinent amendment thereto, and said lot met the requirements of the Zoning Ordinance in effect at the time of recordation, then such lot, either as a single lot or in combination with other such lots pursuant to a Building Permit, may be used for any use permitted in the zoning district in which located under this Chapter even though the lot(s) does not meet the minimum district size, lot area, lot width and/or shape factor requirements of the district, provided all other regulations of this Chapter can be satisfied.

Where, after the effective date of this Chapter, a governmental agency obtains a portion of a conforming lot for public purposes and thereby on the remainder creates a nonconforming lot, permitted principal and accessory structures in the district in which said lot is located may be erected or constructed on the lot provided that all other requirements of this Chapter are met.