HB1078: Vested rights and nonconforming uses; changes to provisions.
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2307 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2307. Vested rights not impaired; nonconforming uses.
Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to a zoning ordinance when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.
For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: (i) the governing body has accepted proffers or proffered conditions which specify use related to a zoning amendment; (ii) the governing body has approved an application for a rezoning for a specific use or density; (iii) the governing body or board of zoning appeals has granted a special exception or use permit with conditions; (iv) the board of zoning appeals has approved a variance; (v) the governing body or its designated agent has approved a preliminary subdivision plat, site plan or plan of development for the landowner's property and the applicant diligently pursues approval of the final plat or plan within a reasonable period of time under the circumstances; or (vi) the governing body or its designated agent has approved a final subdivision plat, site plan or plan of development for the landowner's property.
A zoning ordinance may provide that land, buildings, and
structures and the uses thereof which do not conform to the zoning prescribed
for the district in which they are situated may be continued only so long as
the then existing or a more restricted use continues and such use is not
discontinued for more than two years, and so long as the buildings or
structures are maintained in their then structural condition; and that the uses
of such buildings or structures shall conform to such regulations whenever,
they are with respect to the building or structure, the square
footage of a building or structure is enlarged, extended, reconstructed
or the building or structure is structurally altered as provided in
the Uniform Statewide Building Code (§ 36-97 et seq.)and may further.
Further, a zoning ordinance may provide that no nonconforming use may be
expanded, or that no nonconforming building or structure may be moved on
the same lot or to any other lot which is not properly zoned to permit such
nonconforming use.
Notwithstanding any local ordinance to the contrary, if (i) the 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 therefor, or (ii) the owner of the building or structure has paid taxes to the locality for such building or structure for a period in excess of 15 years, a zoning ordinance may provide that the building or structure is nonconforming, but shall not provide that such building or structure is illegal and shall be removed solely due to such nonconformity. Further, a zoning ordinance may provide that such building or structure be brought in compliance with the Uniform Statewide Building Code.
If a residential or commercial building is damaged or destroyed by a natural disaster or other act of God, the zoning ordinance may require that such building be repaired, rebuilt or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in § 15.2-2310. If such building cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. 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 provisions of the Uniform Statewide Building Code (§ 36-98 et seq.) and any work done to repair, rebuild or replace such building shall be in compliance with the provisions of the local flood plain regulations adopted as a condition of participation in the National Flood Insurance Program. Unless such building is repaired or rebuilt within two years of the date of the natural disaster or replaced within two years of the date of the natural disaster or other act of God, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the zoning ordinance of the locality. However, if the nonconforming building is in an area under a federal disaster declaration and the building has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the zoning ordinance shall provide for an additional two years for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph.
Nothing in this section shall be construed to prevent a locality, after making a reasonable attempt to notify such property owner, from ordering the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. Any locality may, by ordinance, provide that following the expiration of the two-year period any abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located, if notified by the locality to do so. If, following such two-year period, the locality has made a reasonable attempt to notify the property owner, the locality through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the locality from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.
Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2307 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2307. Vested rights not impaired; nonconforming uses.
Nothing in this article shall be construed to authorize the impairment of any vested right. Without limiting the time when rights might otherwise vest, a landowner's rights shall be deemed vested in a land use and such vesting shall not be affected by a subsequent amendment to a zoning ordinance when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development of a specific project, (ii) relies in good faith on the significant affirmative governmental act, and (iii) incurs extensive obligations or substantial expenses in diligent pursuit of the specific project in reliance on the significant affirmative governmental act.
For purposes of this section and without limitation, the
following are deemed to be significant affirmative governmental acts allowing
development of a specific project: (i) the governing body has accepted proffers
or proffered conditions which specify use related to a zoning amendment; (ii)
the governing body has approved an application for a rezoning for a specific
use or density; (iii) the governing body or board of zoning appeals has granted
a special exception or use permit with conditions; (iv) the board of zoning
appeals has approved a variance; (v) the governing body or its designated agent
has approved a preliminary subdivision plat, site plan or plan of development
for the landowner's property and the applicant diligently pursues approval of
the final plat or plan within a reasonable period of time under the circumstances;
or
(vi) the governing body or its designated agent has approved a
final subdivision plat, site plan or plan of development for the landowner's
property; or (vii) the 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.
A zoning ordinance may provide that land, buildings, and
structures and the uses thereof which do not conform to the zoning prescribed
for the district in which they are situated may be continued only so long as
the then existing or a more restricted use continues and such use is not
discontinued for more than two years, and so long as the buildings or
structures are maintained in their then structural condition; and that the uses
of such buildings or structures shall conform to such regulations whenever they
are the square footage of a building or structure is enlarged,
extended, reconstructed or the building or
structure is structurally altered as provided in the
Uniform Statewide Building Code (§ 36-97 et seq.)and
may further Further, a zoning ordinance may
provide that no nonconforming building or structure may be moved on the same
lot or to any other lot which is not properly zoned to permit such
nonconforming use. However, notwithstanding any other provision of
law, if the owner of the building or structure has paid taxes to the locality
for such 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.
If a residential or commercial building or
structure is damaged or destroyed by a natural disaster or other
act of God, the zoning ordinance may require that such building or
structure be repaired, rebuilt or replaced to eliminate or reduce
the nonconforming features to the extent possible, without the need to obtain a
variance as provided in § 15.2-2310. If such building or structure cannot
be repaired, rebuilt or replaced except to restore it to its original
nonconforming condition, the owner shall have the right to do so. The owner
shall apply for a building permit and any work done to repair, rebuild or
replace such building or structure shall be in compliance
with the provisions of the Uniform Statewide Building Code (§ 36-98 et seq.)
and any work done to repair, rebuild or replace such building or
structure shall be in compliance with the provisions of the local
flood plain regulations adopted as a condition of participation in the National
Flood Insurance Program. Unless such building or structure is
repaired or rebuilt within two years of the date of the natural disaster or
replaced within two years of the date of the natural disaster or other act of
God, such building or structure shall only be repaired,
rebuilt or replaced in accordance with the provisions of the zoning ordinance
of the locality. However, if the nonconforming building is in an area under a
federal disaster declaration and the building or structure has
been damaged or destroyed as a direct result of conditions that gave rise to
the declaration, then the zoning ordinance shall provide for an additional two
years for the building or structure to be repaired, rebuilt or
replaced as otherwise provided in this paragraph.
Nothing in this section shall be construed to prevent a locality, after making a reasonable attempt to notify such property owner, from ordering the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. Any locality may, by ordinance, provide that following the expiration of the two-year period any abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located, if notified by the locality to do so. If, following such two-year period, the locality has made a reasonable attempt to notify the property owner, the locality through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the locality from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.
Nothing in this section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home.