2006 Code of Virginia § 15.2-2307 - Vested rights not impaired; nonconforming uses

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; or (vi) the governing body or its designated agent hasapproved a final subdivision plat, site plan or plan of development for thelandowner's property.

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 they are enlarged,extended, reconstructed or structurally altered and may further provide thatno nonconforming building or structure may be moved on the same lot or to anyother lot which is not properly zoned to permit such nonconforming use.

If a residential or commercial building is damaged or destroyed by a naturaldisaster or other act of God, the zoning ordinance may require that suchbuilding be repaired, rebuilt or replaced 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 cannot be repaired,rebuilt or replaced except to restore it to its original nonconformingcondition, the owner shall have the right to do so. The owner shall apply fora building permit and any work done to repair, rebuild or replace suchbuilding shall be in compliance with the provisions of the Uniform StatewideBuilding Code ( 36-98 et seq.) and any work done to repair, rebuild orreplace such building shall be in compliance with the provisions of the localflood plain regulations adopted as a condition of participation in theNational Flood Insurance Program. Unless such building is repaired or rebuiltwithin two years of the date of the natural disaster or replaced within twoyears of the date of the natural disaster or other act of God, such buildingshall only be repaired, rebuilt or replaced in accordance with the provisionsof the zoning ordinance of the locality. However, if the nonconformingbuilding is in an area under a federal disaster declaration and the buildinghas been damaged or destroyed as a direct result of conditions that gave riseto the declaration, then the zoning ordinance shall provide for an additionaltwo years for the building to be repaired, rebuilt or replaced as otherwiseprovided in this paragraph.

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.)