If, as of April 23, 1969, 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 article.
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.
If any nonconforming use (structure or activity) is discontinued for a period exceeding two years after April 23, 1969, it shall be deemed abandoned and any subsequent use shall conform to the requirements of this chapter.
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.
Temporary seasonal nonconforming uses that have been in continual operation for a period of two years or more prior to April 23, 1969, are excluded.
Automobile graveyards and junkyards in existence as of April 23, 1969, are to be considered as nonconforming uses. They shall completely screen, on any side open to view from a public road, the operation or use by a masonry wall, a uniformly painted solid board fence or an evergreen hedge.
State law reference: Ordinances regulating automobile graveyards and junkyards, Code of Virginia, § 15.2-903.
All nonconforming uses shall apply for a nonconforming use permit on forms prescribed by the Administrator within one year after April 23, 1969. Such permits shall be issued promptly upon the written request of the owner or operator of a nonconforming use.
The construction or use of a nonconforming building or land area for which a permit was issued legally prior to April 23, 1969, may proceed, provided such building is completed within one year or such use of land established within 30 days after April 23, 1969.
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the current replacement value of the structure, provided that the cubic content of the structure as it existed on April 23, 1969, or at the time of amendment of this chapter shall not be increased. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
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.
A nonconforming activity may be extended throughout any part of a structure which was arranged or designed for such activity as of April 23, 1969.
Any lot of record as of April 23, 1969, which 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.
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% 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.
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 75% of the cost of reconstructing the entire structure, it shall be restored only if it complies with the requirements of this chapter.
Where a conforming structure devoted to a nonconforming activity is damaged less than 50% of the cost of reconstructing the entire structure, or where a nonconforming structure is damaged less than 75% 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.
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.