§ 3-96.1. Nonconforming uses.

(a)

The regulations prescribed in sections 3-95 and 3-96 shall not be construed to require the removal, lowering or other change or alteration of any structure not conforming to the regulations as of the effective date hereof, or otherwise interfere with the construction or alteration of any structure which has begun prior to the effective date of this division.

(b)

Any use of land, building or structure lawfully existing at the time this division or amendments hereto become effective shall be allowed to continue even though such use does not conform with the regulations of this division or amendments hereto for the Alexandria Airport landing district in which it is located.

(1)

Discontinuance of legal nonconforming uses:

a.

In the event that a legal nonconforming, nonresidential use of a land, building or structure is discontinued for a period of thirty-six (36) consecutive months, any future use thereof shall be in conformity with the regulations of this division.

b.

In the event that a legal nonconforming use of buildings or structures is destroyed to any extent by fire, explosion, act of God or act of the public enemy, it may be reconstructed. Such reconstruction shall be commenced within thirty-six (36) months of the destruction and shall be limited to one hundred (100) percent of the destroyed structure's floor area.

(2)

Expansion of a legal nonconforming use. A nonresidential legal nonconforming use of land, building or structure shall not be enlarged, extended, or structurally altered unless such enlargement, extension, or structural alteration, and further use of such property conforms with the regulations of this Alexandria Airport landing district division in which such property is located. In the event that the above described nonconformity involves a building or structure, said building or structure shall not be permitted to be relocated elsewhere on property or enlarged or extended by separate and detached construction.

(Ord. of 5-1-89, § 7; Ord. of 10-10-05(4))