Article XV. Nonconforming Uses.
Sec. 57. Repealed.
Sec. 58. Continuance of nonconforming use of building.
The lawful use of a building existing at the time of the
adoption of this chapter[28]
may be continued, although such
use does not conform with the provisions hereof, and such use
may be extended throughout the building, provided no structural
alterations, except those required by law or ordinance,
are made therein. (2-17-58, § 33-58.)
Sec. 59. Restoration or completion of damaged or incomplete
nonconforming buildings.
(a) No nonconforming building which has been damaged by
fire, explosion, act of God or the public enemy to the extent of
more than fifty (50) per cent of its current appraised (not
assessed) value as appearing in the tax assessment records
of the city, or as determined by the city real estate assessor,
shall be restored except in conformity with the regulations
of this ordinance.
[29]
(b) No building or proposed building which is nonconforming
as to use, height or area requirements by reason of the
application of this ordinance to a newly annexed area and
which is less than twenty per cent structurally erected on site
on the effective date of this ordinance[30]
or on the date when
it becomes nonconforming, shall be completed or used except
in conformity with the regulations of this ordinance. (2-17-58,
§ 33-60; 2-18-63.)
Sec. 60. Temporary discontinuance of nonconforming use.
In the event that a nonconforming use of any building or
premises is discontinued or its normal operation stopped for
a period of two years or more, the use of the same shall thereafter
conform to the regulations of the district in which it is
located. (2-17-58, § 33-60; 6-7-65, § 1.)
Sec. 61. Enlargement, etc., of nonconforming building or
premises.
No nonconforming building or premises, except when required
to do so by law or ordinance, shall be enlarged, extended,
reconstructed or structurally altered, unless such use
is changed to one permitted in the district in which such building
or premises is located; provided, however, that any
petroleum product bulk storage plant in use as of May 1, 1961,
in a M-1 Industrial area may repair, reconstruct or structurally
alter such plan or a portion thereof if such is done in
compliance with section 11-18 of the Code of the City of Charlottesville,
1965, and other applicable city ordinance. (2-17-58,
§ 33-61; 6-5-61.)
