§ 36.2-705. Nonconforming uses.

(a)

Where, at the effective date of adoption or amendment of this chapter, a lawful use exists of a structure, individually or in combination with another structure, which use is made no longer permissible under the terms of the Chapter as enacted or amended, such use may be permitted so long as it is not abandoned for more than two (2) years and so long as the structure in which such use is located is maintained in its then structural condition. Abandonment means the intentional stopped use of the property, and that the property has been vacant for two (2) consecutive years. Should a structure in which such nonconforming use is located be enlarged, extended, reconstructed, or structurally altered, except as otherwise permitted by the provisions of this article, the use of such a structure thereafter shall conform to the regulations of the district in which it is located.

(b)

No nonconforming use shall be enlarged, intensified, increased, or extended to occupy a larger square footage of building or lot area than was occupied on the effective date of the adoption of, or an amendment to, this chapter, except as provided in subsection (c) below. Such intensification, increase, or extension shall include enlargement of the building or other structure, expansion of the use on the premises, or the erection of an additional principal or accessory structure associated with such nonconforming use on the property on which the nonconforming use is located.

(c)

Nonconforming uses may be expanded with the approval of the Board of Zoning Appeals, subject to the following provisions:

(1)

Such change shall be approved by the Board of Zoning Appeals by special exception, pursuant to the provisions set forth in Section 36.2-560;

(2)

Such change to the nonconforming use shall be permitted only upon the same lot as the nonconformity; and

(3)

Any increase in volume, area, or extent of nonconforming use shall not exceed an aggregate of fifteen (15) percent of the existing nonconforming use in the R-12, R-7, R-5, R-3, RM-1, RM-2, and MX Zoning Districts or twenty-five (25) percent of the existing nonconforming use in other zoning districts.

(d)

No nonconforming use shall be moved on the same lot or to any other lot which is not properly zoned to permit such use.

(e)

Any use which replaces, in whole or in part, a nonconforming use shall conform to the requirements of the district in which it is located and the nonconforming use shall not be resumed.

(f)

Any nonconforming use may be resumed or restored after the structure in which the use is located is damaged or destroyed by an accidental fire, natural disaster or other act of God, or other accidental means without the need to obtain a variance as provided in Section 36.2-561. The owner shall apply for a building permit and any work done to repair, rebuild, or replace the structure in which such use is located shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such use shall be in compliance with the provisions of Section 36.2-333, Floodplain Overlay District. Unless such use is resumed or restored within two (2) years of the date of the natural disaster 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 use shall only be restored or resumed in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming use is in an area under a federal disaster declaration and the use 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 use to be restored or resumed 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 of the 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 in which the nonconforming use is located.

(g)

Where the use of a structure is deemed nonconforming with respect to the number of dwelling units or the residential use designation, unoccupied spaces such as porches, decks, or accessory buildings may be constructed or expanded.

(Ord. No. 37633, § 17, 11-20-06; Ord. No. 38554, § 1, 7-20-09; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40710, § 1, 12-5-16)

(Ord. No. 37633, § 17, 11-20-06; Ord. No. 38554, § 1, 7-20-09; Ord. No. 39495, § 1, 9-4-12; Ord. No. 40710, § 1, 12-5-16)