If, at the time of enactment or amendment of
this chapter, any lot, building or structure is being used in a manner
or for a purpose which does not conform to the provisions of this
chapter and which is not prohibited by some other ordinance, such
manner of use or purpose may be continued, and any renewal or change
of title of possession, or right to possession, or lease of any such
lot, building or structure shall not be construed to prevent the continued
nonconforming use of such lot, building or structure, as herein provided.
A.Â
Any such nonconforming use which is not otherwise
unlawful may be hereafter extended throughout any part of a building
or structure, if indoors, or lot, if outdoors, which was manifestly
arranged or designed for such use at the time of enactment or amendment
of this chapter, provided that the yard, setback and height regulations
of the district in which the use is located are observed. No building
or structure containing a nonconforming use shall be hereafter extended
or enlarged except in conformance with the provisions of this chapter.
B.Â
No building or structure in which active nonconforming
use is discontinued for a period exceeding two years subsequent to
the enactment or amendment of this chapter shall again be devoted
to any prohibited use.
C.Â
Whenever a nonconforming use of a building has been
changed to a more restricted use or to a conforming use, such use
shall not thereafter be changed to a less restricted use, unless such
use would conform to zoning for the area.
A.Â
Whenever a nonconforming use of a building has been
abandoned or when such a use has been discontinued for more than two
years, any reuse of the building shall conform to this chapter. Whenever
a nonconforming use of an open area or tract has been discontinued
for more than two years, any reuse of the property shall conform to
this chapter. However, this subsection shall not be interpreted to
interfere with temporary seasonal nonconforming uses that have been
in continual operation for a period of two or more years prior to
the effective date of this chapter.
B.Â
Any building damaged by fire or other causes to the
extent of 75% or more of its assessed valuation may be rebuilt only
in accordance with this chapter. If any building which has contained
a nonconforming use is moved or removed, the subsequent use of the
property shall conform to this chapter. However, if a nonconforming
structure is a single-family dwelling, or an historic area as defined
in § 15.2-2201, Code of Virginia, it may be restored or
replaced regardless of the percentage of destruction.
C.Â
Permits previously issued. The use of a nonconforming
building or land area for which a permit was issued legally prior
to the adoption or amendment of this chapter may proceed, provided
that such building is completed within one year or such use of land
is established within 30 days after the effective date of this chapter
or the amendment.
D.Â
Changes in district. 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 chapter.
