Vested rights and nonconforming uses; changes to provisions. (HB1078)

Introduced By

Del. Terrie Suit (R-Virginia Beach)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Vested rights and nonconforming uses. Makes several changes to the vested rights and nonconforming use provisions, including (i) that for purposes of triggering vested rights, a significant affirmative governmental act will occur when a local government has issued a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the local government issued a certificate of occupancy or a use permit; (ii) that a locality shall use square footage and building code provisions in determining whether a nonconforming use has been enlarged or structurally altered; and (iii) providing that when a property owner has paid taxes to the locality for a building or structure for a period in excess of 15 years, a zoning ordinance may provide that such building or structure shall be nonconforming, but not illegal. Read the Bill »


Bill Has Passed


01/09/2008Prefiled and ordered printed; offered 01/09/08 086989744
01/09/2008Referred to Committee on Counties, Cities and Towns
02/08/2008Reported from Counties, Cities and Towns with substitute (22-Y 0-N) (see vote tally)
02/08/2008Committee substitute printed 082053744-H1
02/09/2008Read first time
02/11/2008Read second time
02/11/2008Committee substitute agreed to 082053744-H1
02/11/2008Engrossed by House - committee substitute HB1078H1
02/12/2008Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/12/2008VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
02/12/2008Communicated to Senate
02/13/2008Constitutional reading dispensed
02/13/2008Referred to Committee on Local Government
02/19/2008Reported from Local Government (15-Y 0-N)
02/21/2008Constitutional reading dispensed (40-Y 0-N)
02/22/2008Read third time
02/22/2008Passed Senate (40-Y 0-N)
02/25/2008Bill text as passed House and Senate (HB1078ER)
02/26/2008Signed by Speaker
02/28/2008Signed by President
03/05/2008G Approved by Governor-Chapter 377 (effective 7/1/08)
03/11/2008G Acts of Assembly Chapter text (CHAP0377)