§ 15.2-2307. Vested rights not impaired; nonconforming uses.
Nothing in this article shall be construed to authorize the impairment of anyvested right. Without limiting the time when rights might otherwise vest, alandowner's rights shall be deemed vested in a land use and such vestingshall not be affected by a subsequent amendment to a zoning ordinance whenthe landowner (i) obtains or is the beneficiary of a significant affirmativegovernmental act which remains in effect allowing development of a specificproject, (ii) relies in good faith on the significant affirmativegovernmental act, and (iii) incurs extensive obligations or substantialexpenses in diligent pursuit of the specific project in reliance on thesignificant affirmative governmental act.
For purposes of this section and without limitation, the following are deemedto be significant affirmative governmental acts allowing development of aspecific project: (i) the governing body has accepted proffers or profferedconditions which specify use related to a zoning amendment; (ii) thegoverning body has approved an application for a rezoning for a specific useor density; (iii) the governing body or board of zoning appeals has granted aspecial exception or use permit with conditions; (iv) the board of zoningappeals has approved a variance; (v) the governing body or its designatedagent has approved a preliminary subdivision plat, site plan or plan ofdevelopment for the landowner's property and the applicant diligently pursuesapproval of the final plat or plan within a reasonable period of time underthe circumstances; (vi) the governing body or its designated agent hasapproved a final subdivision plat, site plan or plan of development for thelandowner's property; or (vii) the zoning administrator or otheradministrative officer has issued a written order, requirement, decision ordetermination regarding the permissibility of a specific use or density ofthe landowner's property that is no longer subject to appeal and no longersubject to change, modification or reversal under subsection C of § 15.2-2311.
A zoning ordinance may provide that land, buildings, and structures and theuses thereof which do not conform to the zoning prescribed for the districtin which they are situated may be continued only so long as the then existingor a more restricted use continues and such use is not discontinued for morethan two years, and so long as the buildings or structures are maintained intheir then structural condition; and that the uses of such buildings orstructures shall conform to such regulations whenever, with respect to thebuilding or structure, the square footage of a building or structure isenlarged, or the building or structure is structurally altered as provided inthe Uniform Statewide Building Code (§ 36-97 et seq.). Further, a zoningordinance may provide that no nonconforming use may be expanded, or that nononconforming building or structure may be moved on the same lot or to anyother lot which is not properly zoned to permit such nonconforming use.
Notwithstanding any local ordinance to the contrary, if (i) the localgovernment has issued a building permit, the building or structure wasthereafter constructed in accordance with the building permit, and uponcompletion of construction, the local government issued a certificate ofoccupancy or a use permit therefor, or (ii) the owner of the building orstructure has paid taxes to the locality for such building or structure for aperiod in excess of 15 years, a zoning ordinance may provide that thebuilding or structure is nonconforming, but shall not provide that suchbuilding or structure is illegal and shall be removed solely due to suchnonconformity. Further, a zoning ordinance may provide that such building orstructure be brought in compliance with the Uniform Statewide Building Code.If the local government has issued a permit, other than a building permit,that authorized construction of an improvement to real property and theimprovement was thereafter constructed in accordance with such permit, theordinance may provide that the improvements are nonconforming, but notillegal.
A zoning ordinance shall permit the owner of any residential or commercialbuilding damaged or destroyed by a natural disaster or other act of God torepair, rebuild, or replace such building to eliminate or reduce thenonconforming features to the extent possible, without the need to obtain avariance as provided in § 15.2-2310. If such building is damaged greater than50 percent and cannot be repaired, rebuilt or replaced except to restore itto its original nonconforming condition, the owner shall have the right to doso. 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 provisionsof the Uniform Statewide Building Code (§ 36-97 et seq.) and any work done torepair, rebuild or replace such building shall be in compliance with theprovisions of the local flood plain regulations adopted as a condition ofparticipation in the National Flood Insurance Program. Unless such buildingis repaired, rebuilt or replaced within two years of the date of the naturaldisaster or other act of God, such building shall only be repaired, rebuiltor replaced in accordance with the provisions of the zoning ordinance of thelocality. However, if the nonconforming building is in an area under afederal disaster declaration and the building has been damaged or destroyedas a direct result of conditions that gave rise to the declaration, then thezoning ordinance shall provide for an additional two years for the buildingto be repaired, rebuilt or replaced as otherwise provided in this paragraph.For purposes of this section, "act of God" shall include any naturaldisaster or phenomena including a hurricane, tornado, storm, flood, highwater, wind-driven water, tidal wave, earthquake or fire caused by lightningor wildfire. For purposes of this section, owners of property damaged by anaccidental fire have the same rights to rebuild such property as if it weredamaged by an act of God. Nothing herein shall be construed to enable theproperty owner to commit an arson under § 18.2-77 or 18.2-80, and obtainvested rights under this section.
Notwithstanding any local ordinance to the contrary, an owner of realproperty shall be permitted to replace an existing on-site sewage system forany existing building in the same general location on the property even if anew on-site sewage system would not otherwise be permitted in that location,unless access to a public sanitary sewer is available to the property. Ifaccess to a sanitary sewer system is available, then the connection to suchsystem shall be required. Any new on-site system shall be installed incompliance with applicable regulations of the Department of Health in effectat the time of the installation.
Nothing in this section shall be construed to prevent a locality, aftermaking a reasonable attempt to notify such property owner, from ordering theremoval of a nonconforming sign that has been abandoned. For purposes of thissection, a sign shall be considered abandoned if the business for which thesign was erected has not been in operation for a period of at least twoyears. Any locality may, by ordinance, provide that following the expirationof the two-year period any abandoned nonconforming sign shall be removed bythe owner of the property on which the sign is located, if notified by thelocality to do so. If, following such two-year period, the locality has madea reasonable attempt to notify the property owner, the locality through itsown agents or employees may enter the property upon which the sign is locatedand remove any such sign whenever the owner has refused to do so. The cost ofsuch removal shall be chargeable to the owner of the property. Nothing hereinshall prevent the locality from applying to a court of competent jurisdictionfor an order requiring the removal of such abandoned nonconforming sign bythe owner by means of injunction or other appropriate remedy.
Nothing in this section shall be construed to prevent the land owner or homeowner from removing a valid nonconforming manufactured home from a mobile ormanufactured home park and replacing that home with another comparablemanufactured home that meets the current HUD manufactured housing code. Insuch mobile or manufactured home park, a single-section home may replace asingle-section home and a multi-section home may replace a multi-sectionhome. The owner of a valid nonconforming mobile or manufactured home notlocated in a mobile or manufactured home park may replace that home with anewer manufactured home, either single- or multi-section, that meets thecurrent HUD manufactured housing code. Any such replacement home shall retainthe valid nonconforming status of the prior home.
(Code 1950, §§ 15-843, 15-848, 15-968.6; 1962, c. 407, § 15.1-492; 1966, c.202; 1975, c. 641; 1997, c. 587; 1998, c. 801; 2002, c. 823; 2003, cc. 21,53, 189; 2004, c. 538; 2006, c. 244; 2008, cc. 377, 411; 2009, c. 782; 2010,cc. 315, 698.)
§ 15.2-2307. Vested rights not impaired; nonconforming uses.
Nothing in this article shall be construed to authorize the impairment of anyvested right. Without limiting the time when rights might otherwise vest, alandowner's rights shall be deemed vested in a land use and such vestingshall not be affected by a subsequent amendment to a zoning ordinance whenthe landowner (i) obtains or is the beneficiary of a significant affirmativegovernmental act which remains in effect allowing development of a specificproject, (ii) relies in good faith on the significant affirmativegovernmental act, and (iii) incurs extensive obligations or substantialexpenses in diligent pursuit of the specific project in reliance on thesignificant affirmative governmental act.
For purposes of this section and without limitation, the following are deemedto be significant affirmative governmental acts allowing development of aspecific project: (i) the governing body has accepted proffers or profferedconditions which specify use related to a zoning amendment; (ii) thegoverning body has approved an application for a rezoning for a specific useor density; (iii) the governing body or board of zoning appeals has granted aspecial exception or use permit with conditions; (iv) the board of zoningappeals has approved a variance; (v) the governing body or its designatedagent has approved a preliminary subdivision plat, site plan or plan ofdevelopment for the landowner's property and the applicant diligently pursuesapproval of the final plat or plan within a reasonable period of time underthe circumstances; (vi) the governing body or its designated agent hasapproved a final subdivision plat, site plan or plan of development for thelandowner's property; or (vii) the zoning administrator or otheradministrative officer has issued a written order, requirement, decision ordetermination regarding the permissibility of a specific use or density ofthe landowner's property that is no longer subject to appeal and no longersubject to change, modification or reversal under subsection C of § 15.2-2311.
A zoning ordinance may provide that land, buildings, and structures and theuses thereof which do not conform to the zoning prescribed for the districtin which they are situated may be continued only so long as the then existingor a more restricted use continues and such use is not discontinued for morethan two years, and so long as the buildings or structures are maintained intheir then structural condition; and that the uses of such buildings orstructures shall conform to such regulations whenever, with respect to thebuilding or structure, the square footage of a building or structure isenlarged, or the building or structure is structurally altered as provided inthe Uniform Statewide Building Code (§ 36-97 et seq.). Further, a zoningordinance may provide that no nonconforming use may be expanded, or that nononconforming building or structure may be moved on the same lot or to anyother lot which is not properly zoned to permit such nonconforming use.
Notwithstanding any local ordinance to the contrary, if (i) the localgovernment has issued a building permit, the building or structure wasthereafter constructed in accordance with the building permit, and uponcompletion of construction, the local government issued a certificate ofoccupancy or a use permit therefor, or (ii) the owner of the building orstructure has paid taxes to the locality for such building or structure for aperiod in excess of 15 years, a zoning ordinance may provide that thebuilding or structure is nonconforming, but shall not provide that suchbuilding or structure is illegal and shall be removed solely due to suchnonconformity. Further, a zoning ordinance may provide that such building orstructure be brought in compliance with the Uniform Statewide Building Code.If the local government has issued a permit, other than a building permit,that authorized construction of an improvement to real property and theimprovement was thereafter constructed in accordance with such permit, theordinance may provide that the improvements are nonconforming, but notillegal.
A zoning ordinance shall permit the owner of any residential or commercialbuilding damaged or destroyed by a natural disaster or other act of God torepair, rebuild, or replace such building to eliminate or reduce thenonconforming features to the extent possible, without the need to obtain avariance as provided in § 15.2-2310. If such building is damaged greater than50 percent and cannot be repaired, rebuilt or replaced except to restore itto its original nonconforming condition, the owner shall have the right to doso. 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 provisionsof the Uniform Statewide Building Code (§ 36-97 et seq.) and any work done torepair, rebuild or replace such building shall be in compliance with theprovisions of the local flood plain regulations adopted as a condition ofparticipation in the National Flood Insurance Program. Unless such buildingis repaired, rebuilt or replaced within two years of the date of the naturaldisaster or other act of God, such building shall only be repaired, rebuiltor replaced in accordance with the provisions of the zoning ordinance of thelocality. However, if the nonconforming building is in an area under afederal disaster declaration and the building has been damaged or destroyedas a direct result of conditions that gave rise to the declaration, then thezoning ordinance shall provide for an additional two years for the buildingto be repaired, rebuilt or replaced as otherwise provided in this paragraph.For purposes of this section, "act of God" shall include any naturaldisaster or phenomena including a hurricane, tornado, storm, flood, highwater, wind-driven water, tidal wave, earthquake or fire caused by lightningor wildfire. For purposes of this section, owners of property damaged by anaccidental fire have the same rights to rebuild such property as if it weredamaged by an act of God. Nothing herein shall be construed to enable theproperty owner to commit an arson under § 18.2-77 or 18.2-80, and obtainvested rights under this section.
Notwithstanding any local ordinance to the contrary, an owner of realproperty shall be permitted to replace an existing on-site sewage system forany existing building in the same general location on the property even if anew on-site sewage system would not otherwise be permitted in that location,unless access to a public sanitary sewer is available to the property. Ifaccess to a sanitary sewer system is available, then the connection to suchsystem shall be required. Any new on-site system shall be installed incompliance with applicable regulations of the Department of Health in effectat the time of the installation.
Nothing in this section shall be construed to prevent a locality, aftermaking a reasonable attempt to notify such property owner, from ordering theremoval of a nonconforming sign that has been abandoned. For purposes of thissection, a sign shall be considered abandoned if the business for which thesign was erected has not been in operation for a period of at least twoyears. Any locality may, by ordinance, provide that following the expirationof the two-year period any abandoned nonconforming sign shall be removed bythe owner of the property on which the sign is located, if notified by thelocality to do so. If, following such two-year period, the locality has madea reasonable attempt to notify the property owner, the locality through itsown agents or employees may enter the property upon which the sign is locatedand remove any such sign whenever the owner has refused to do so. The cost ofsuch removal shall be chargeable to the owner of the property. Nothing hereinshall prevent the locality from applying to a court of competent jurisdictionfor an order requiring the removal of such abandoned nonconforming sign bythe owner by means of injunction or other appropriate remedy.
Nothing in this section shall be construed to prevent the land owner or homeowner from removing a valid nonconforming manufactured home from a mobile ormanufactured home park and replacing that home with another comparablemanufactured home that meets the current HUD manufactured housing code. Insuch mobile or manufactured home park, a single-section home may replace asingle-section home and a multi-section home may replace a multi-sectionhome. The owner of a valid nonconforming mobile or manufactured home notlocated in a mobile or manufactured home park may replace that home with anewer manufactured home, either single- or multi-section, that meets thecurrent HUD manufactured housing code. Any such replacement home shall retainthe valid nonconforming status of the prior home.
(Code 1950, §§ 15-843, 15-848, 15-968.6; 1962, c. 407, § 15.1-492; 1966, c.202; 1975, c. 641; 1997, c. 587; 1998, c. 801; 2002, c. 823; 2003, cc. 21,53, 189; 2004, c. 538; 2006, c. 244; 2008, cc. 377, 411; 2009, c. 782; 2010,cc. 315, 698.)
§ 15.2-2307. Vested rights not impaired; nonconforming uses.
Nothing in this article shall be construed to authorize the impairment of anyvested right. Without limiting the time when rights might otherwise vest, alandowner's rights shall be deemed vested in a land use and such vestingshall not be affected by a subsequent amendment to a zoning ordinance whenthe landowner (i) obtains or is the beneficiary of a significant affirmativegovernmental act which remains in effect allowing development of a specificproject, (ii) relies in good faith on the significant affirmativegovernmental act, and (iii) incurs extensive obligations or substantialexpenses in diligent pursuit of the specific project in reliance on thesignificant affirmative governmental act.
For purposes of this section and without limitation, the following are deemedto be significant affirmative governmental acts allowing development of aspecific project: (i) the governing body has accepted proffers or profferedconditions which specify use related to a zoning amendment; (ii) thegoverning body has approved an application for a rezoning for a specific useor density; (iii) the governing body or board of zoning appeals has granted aspecial exception or use permit with conditions; (iv) the board of zoningappeals has approved a variance; (v) the governing body or its designatedagent has approved a preliminary subdivision plat, site plan or plan ofdevelopment for the landowner's property and the applicant diligently pursuesapproval of the final plat or plan within a reasonable period of time underthe circumstances; (vi) the governing body or its designated agent hasapproved a final subdivision plat, site plan or plan of development for thelandowner's property; or (vii) the zoning administrator or otheradministrative officer has issued a written order, requirement, decision ordetermination regarding the permissibility of a specific use or density ofthe landowner's property that is no longer subject to appeal and no longersubject to change, modification or reversal under subsection C of § 15.2-2311.
A zoning ordinance may provide that land, buildings, and structures and theuses thereof which do not conform to the zoning prescribed for the districtin which they are situated may be continued only so long as the then existingor a more restricted use continues and such use is not discontinued for morethan two years, and so long as the buildings or structures are maintained intheir then structural condition; and that the uses of such buildings orstructures shall conform to such regulations whenever, with respect to thebuilding or structure, the square footage of a building or structure isenlarged, or the building or structure is structurally altered as provided inthe Uniform Statewide Building Code (§ 36-97 et seq.). Further, a zoningordinance may provide that no nonconforming use may be expanded, or that nononconforming building or structure may be moved on the same lot or to anyother lot which is not properly zoned to permit such nonconforming use.
Notwithstanding any local ordinance to the contrary, if (i) the localgovernment has issued a building permit, the building or structure wasthereafter constructed in accordance with the building permit, and uponcompletion of construction, the local government issued a certificate ofoccupancy or a use permit therefor, or (ii) the owner of the building orstructure has paid taxes to the locality for such building or structure for aperiod in excess of 15 years, a zoning ordinance may provide that thebuilding or structure is nonconforming, but shall not provide that suchbuilding or structure is illegal and shall be removed solely due to suchnonconformity. Further, a zoning ordinance may provide that such building orstructure be brought in compliance with the Uniform Statewide Building Code.If the local government has issued a permit, other than a building permit,that authorized construction of an improvement to real property and theimprovement was thereafter constructed in accordance with such permit, theordinance may provide that the improvements are nonconforming, but notillegal.
A zoning ordinance shall permit the owner of any residential or commercialbuilding damaged or destroyed by a natural disaster or other act of God torepair, rebuild, or replace such building to eliminate or reduce thenonconforming features to the extent possible, without the need to obtain avariance as provided in § 15.2-2310. If such building is damaged greater than50 percent and cannot be repaired, rebuilt or replaced except to restore itto its original nonconforming condition, the owner shall have the right to doso. 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 provisionsof the Uniform Statewide Building Code (§ 36-97 et seq.) and any work done torepair, rebuild or replace such building shall be in compliance with theprovisions of the local flood plain regulations adopted as a condition ofparticipation in the National Flood Insurance Program. Unless such buildingis repaired, rebuilt or replaced within two years of the date of the naturaldisaster or other act of God, such building shall only be repaired, rebuiltor replaced in accordance with the provisions of the zoning ordinance of thelocality. However, if the nonconforming building is in an area under afederal disaster declaration and the building has been damaged or destroyedas a direct result of conditions that gave rise to the declaration, then thezoning ordinance shall provide for an additional two years for the buildingto be repaired, rebuilt or replaced as otherwise provided in this paragraph.For purposes of this section, "act of God" shall include any naturaldisaster or phenomena including a hurricane, tornado, storm, flood, highwater, wind-driven water, tidal wave, earthquake or fire caused by lightningor wildfire. For purposes of this section, owners of property damaged by anaccidental fire have the same rights to rebuild such property as if it weredamaged by an act of God. Nothing herein shall be construed to enable theproperty owner to commit an arson under § 18.2-77 or 18.2-80, and obtainvested rights under this section.
Notwithstanding any local ordinance to the contrary, an owner of realproperty shall be permitted to replace an existing on-site sewage system forany existing building in the same general location on the property even if anew on-site sewage system would not otherwise be permitted in that location,unless access to a public sanitary sewer is available to the property. Ifaccess to a sanitary sewer system is available, then the connection to suchsystem shall be required. Any new on-site system shall be installed incompliance with applicable regulations of the Department of Health in effectat the time of the installation.
Nothing in this section shall be construed to prevent a locality, aftermaking a reasonable attempt to notify such property owner, from ordering theremoval of a nonconforming sign that has been abandoned. For purposes of thissection, a sign shall be considered abandoned if the business for which thesign was erected has not been in operation for a period of at least twoyears. Any locality may, by ordinance, provide that following the expirationof the two-year period any abandoned nonconforming sign shall be removed bythe owner of the property on which the sign is located, if notified by thelocality to do so. If, following such two-year period, the locality has madea reasonable attempt to notify the property owner, the locality through itsown agents or employees may enter the property upon which the sign is locatedand remove any such sign whenever the owner has refused to do so. The cost ofsuch removal shall be chargeable to the owner of the property. Nothing hereinshall prevent the locality from applying to a court of competent jurisdictionfor an order requiring the removal of such abandoned nonconforming sign bythe owner by means of injunction or other appropriate remedy.
Nothing in this section shall be construed to prevent the land owner or homeowner from removing a valid nonconforming manufactured home from a mobile ormanufactured home park and replacing that home with another comparablemanufactured home that meets the current HUD manufactured housing code. Insuch mobile or manufactured home park, a single-section home may replace asingle-section home and a multi-section home may replace a multi-sectionhome. The owner of a valid nonconforming mobile or manufactured home notlocated in a mobile or manufactured home park may replace that home with anewer manufactured home, either single- or multi-section, that meets thecurrent HUD manufactured housing code. Any such replacement home shall retainthe valid nonconforming status of the prior home.
(Code 1950, §§ 15-843, 15-848, 15-968.6; 1962, c. 407, § 15.1-492; 1966, c.202; 1975, c. 641; 1997, c. 587; 1998, c. 801; 2002, c. 823; 2003, cc. 21,53, 189; 2004, c. 538; 2006, c. 244; 2008, cc. 377, 411; 2009, c. 782; 2010,cc. 315, 698.)
