A nonconforming building or structure may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this article, and subject to the requirements of this section.
A. 
Any change to a nonconforming building or structure, including alterations, additions and expansions, shall be subject to the requirements of § 72-66.
B. 
No nonconforming building or structure shall be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming building or structure.
Routine maintenance necessary to keep a nonconforming building or structure in good repair, and to prevent unsafe conditions and deterioration of materials, shall not be deemed a change in the structural condition of the property, for purpose of § 72-61.1C.
[Amended 1-10-2017 by Ord. No. 16-28]
Minor alterations shall not be deemed a change in the structural condition of the property, for purposes of § 72-61.1C. Minor alterations are alterations that meet one or more of the following criteria:
A. 
The alterations consist of cosmetic modifications, interior renovations and similar improvements to a nonconforming residential structure and such alterations do not increase the land area occupied by any portion of the nonconforming building or structure, and shall not increase the gross floor area of any nonconforming building or structure.
B. 
The alterations do not increase the extent of the structure's nonconformity with the minimum site or yard requirements of the zoning district.
C. 
The alterations consist of a substantially similar replacement of an existing residential accessory building or structure, including, but not limited to, a fence, storage shed, garage or swimming pool, may be permitted and shall not be required to meet more restrictive setbacks enacted since the date the accessory structure became nonconforming, however, all other zoning regulations for the district in which the accessory structure is located shall apply.
D. 
In areas where form-based code requirements apply, alterations on sites that do not meet the private frontage requirements are minor if:
[Added 6-8-2021 by Ord. No. 21-16]
(1) 
The alteration consists of an addition to the rear of the structure and does not increase the extent of the structure's nonconformity with the minimum site or yard requirements of the zoning district;
(2) 
The alteration consists of an addition to the front of the structure that complies with the build-to zone requirements; or
(3) 
The alteration consists of an addition to the front of side of the existing building, is outside of the build-to zone, and does not exceed 15% of the gross floor area of the existing structure.
A. 
Generally.
(1) 
The owner of any nonconforming residential or commercial building or structure that is damaged or destroyed by casualty, including a natural disaster or other act of God, may repair, rebuild, or replace without the need to obtain a variance, provided such restoration eliminates or reduces the nonconforming features to the maximum extent possible and such restoration is completed within two years of the date of the casualty. For the 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.
(2) 
If such building or structure is damaged greater than 50% 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.
(3) 
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 the City's floodplain regulations adopted as a condition of participation in the National Flood Insurance Program.
(4) 
For the purposes of this section, the terms "casualty" and "act of God" shall each mean and refer to 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.
B. 
Disaster declaration. If the area is under a federal disaster declaration and the building has been damaged or destroyed as a direct result of the conditions that gave rise to the declaration, then an additional two years is permitted to complete the restoration. For the purposes of this article, "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 lightening or wildfire. For the purposes of this article, 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.
A. 
If (i) the owner of the building or structure has obtained a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the owner of the building or structure obtained a certificate of occupancy of a use permit therefor, or (ii) the owner of the building or structure has paid taxes to the locality for such building or structure for a period of more than the previous 15 years, the building or structure is nonconforming, but such building or structure is not illegal and shall not be removed solely due to such nonconformity. Such building or structure shall be brought into compliance with the Virginia Uniform Statewide Building Code, provided that to do so shall not affect the nonconforming status of such building or structure.
[Amended 10-14-2014 by Ord. No. 14-36]
B. 
If an owner has obtained a permit, other than a building permit, that authorized construction of an improvement to real property and the improvement was thereafter constructed in accordance with such permit, the improvements are nonconforming, but not illegal.
C. 
An owner of real property shall be permitted to replace an existing on-site sewage system for any existing building in the same general location on the property even if a new on-site sewage system would not otherwise be permitted in that location, unless access to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then the connection to such system shall be required. Any new on-site system shall be installed in compliance with applicable regulations of the Department of Health in effect at the time of the installation.
D. 
Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD Manufactured Housing Code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multisection home may replace a multisection home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multisection, that meets the current HUD Manufactured Housing Code. Any such replacement home shall retain the valid nonconforming status of the prior home.