Nonconforming uses; uses that do not conform to zoning prescribed for district, etc. (HB367)

Introduced By

Del. Glenn Davis (R-Virginia Beach)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Nonconforming uses. Provides that a locality may by ordinance provide that an otherwise unlawful use of a subject property shall be a lawful nonconforming use if (i) the land use on a subject property has operated continuously for at least 15 years, (ii) there have been no building code or other local code violations or complaints arising out of the land use from neighboring property owners or other impacted parties, and (iii) all local taxes related to the property and business have been paid in a timely manner. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/05/2016Prefiled and ordered printed; offered 01/13/16 16102442D
01/05/2016Referred to Committee on Counties, Cities and Towns
01/13/2016Impact statement from DHCD (HB367)
01/18/2016Assigned to sub: Subcommittee #2
01/18/2016Assigned CC & T sub: Subcommittee #2
02/10/2016Subcommittee recommends reporting with amendment(s) (7-Y 3-N)
02/12/2016Reported from Counties, Cities and Towns with substitute (19-Y 2-N) (see vote tally)
02/12/2016Committee substitute printed 16105454D-H1
02/13/2016Read first time
02/15/2016Read second time
02/15/2016Committee substitute agreed to 16105454D-H1
02/15/2016Engrossed by House - committee substitute HB367H1
02/16/2016Read third time and passed House (99-Y 0-N)
02/16/2016VOTE: PASSAGE (99-Y 0-N) (see vote tally)
02/17/2016Constitutional reading dispensed
02/17/2016Referred to Committee on Local Government
03/01/2016Reported from Local Government with amendment (12-Y 0-N) (see vote tally)
03/03/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/03/2016Read third time
03/03/2016Reading of amendment waived
03/03/2016Committee amendment agreed to
03/03/2016Engrossed by Senate as amended
03/03/2016Passed Senate with amendment (40-Y 0-N) (see vote tally)
03/04/2016Placed on Calendar
03/07/2016Senate amendment agreed to by House (94-Y 0-N)
03/07/2016VOTE: ADOPTION (94-Y 0-N) (see vote tally)
03/08/2016Enrolled
03/08/2016Bill text as passed House and Senate (HB367ER)
03/08/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/29/2016G Approved by Governor-Chapter 584 (effective 7/1/16)
03/29/2016G Acts of Assembly Chapter text (CHAP0584)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

THE CODE OF VIRGINIA RELATING TO NONCONFORMING USES, REPORTED FROM THE COMMITTEE FOR COUNTIES, CITIES AND TOWNS WITH A SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM VIRGINIA BEACH, MR. DAVIS.

Del. Glenn Davis (R-Virginia Beach): I MOVE THE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS ON ADOPTION OF THE COMMITTEE SUBSTITUTE. AS MANY AS FAVOR THAT MOTION WILL SAY AYE; THOSE OPPOSED, NO.

Del. Glenn Davis (R-Virginia Beach): THE SUBSTITUTE IS AGREED TO. THE GENTLEMAN FROM VIRGINIA BEACH.

[Unknown]: HOUSE BILL 367 DEALS WITH BUSINESSES WHO HAVE BEEN GIVEN A BUSINESS LICENSE, HAVE BEEN OPERATING FOR 15 YEARS IN A LOCALITY AND HAVE THEN BEEN FOUND TO HAVE A NONCONFORMING USE, BASICALLY. THEY WERE APPROVED TO OPERATE AND IT SLIPPED THROUGH THE HOLES OF ZONING BACK BEFORE TECHNOLOGY IS WHAT IT IS TODAY. ALL THIS DOES IS SAYS THAT IF THAT WERE TO OCCUR, THE BUSINESS HAS THE RIGHT TO APPLY FOR A REZONING FOR A SPECIAL USE, AND INCLUDE A FEE FROM THE LOCALITY, THOSE APPLICATIONS SHALL NOT


Del. Glenn Davis (R-Virginia Beach): THAT WAY OVER 50 YEARS. THIS IS JUST CLARIFYING THAT THIS, OVER THIS 15 YEARS, THAT THIS IS HAD TO OPERATE AT THAT SAME LOCATION, NOT JUST IN THE CITY, AND WHAT YOU HAVE THE ISSUE. I HOPE IT'S THE PLEASURE OF THE BODY TO ADOPT THE AMENDMENT.

[Unknown]: SHALL THE SENATE AMENDMENT BE AGREED TO? THE CLERK WILL CLOSE THE ROLL.

Del. Glenn Davis (R-Virginia Beach): AYE, 94, NO, 0.