§ 36.2-704. Nonconforming structures.

(a)

Where a lawful structure exists at the time of passage or amendment of this chapter, which structure could not be built under the terms of this chapter by reason of restrictions on area, bulk, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as the structure is maintained in its then structural condition and is not enlarged or altered in any way which increases any nonconforming characteristic of the structure or nonconforming characteristic of its location on the lot.

(b)

Should such nonconforming structure be moved for any reason for any distance on the same lot or to any other lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved. However, a nonconforming sign may be relocated on the same property, if such sign was moved due to highway, utility, or other construction for public purposes.

(c)

The owner of any nonconforming structure which is damaged or destroyed by an accidental fire, natural disaster or other act of God, or any other accidental means may repair, rebuild, or replace any such structure to its original nonconforming condition as long as the structure is not enlarged or altered in any way which increases its nonconforming characteristic. 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 Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such structure shall be in compliance with the provisions of Section 36.2-333, Floodplain Overlay District. Unless such structure is repaired, rebuilt, or replaced within two (2) years of the date of the accidental fire, natural disaster or other act of God, or other accidental means which directly caused its damage or destruction, such structure shall only be repaired, rebuilt, or replaced in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming structure is in an area under a federal disaster declaration and the structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the structure to be repaired, rebuilt, or replaced as otherwise provided in this subsection. 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, earthquake, or fire caused by lightning or wildfire. Nothing herein shall be construed to enable the property owner to commit an arson under section 18.2-77 or 18.2-80, Code of Virginia (1950), as amended, and obtain vested rights under this section. "Accidental means" shall not include any intentional act by the property owner to damage or destroy the structure.

(Ord. No. 37633, § 17, 11-20-06; Ord. No. 38237, § 7, 9-15-08; Ord. No. 38554, § 1, 7-20-09)

(Ord. No. 37633, § 17, 11-20-06; Ord. No. 38237, § 7, 9-15-08; Ord. No. 38554, § 1, 7-20-09)