{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2307.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2307.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2307.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2307.html"}],"law_id":56409,"edition_id":1,"section_id":56409,"structure_id":12775,"section_number":"15.2-2307","catch_line":"Vested rights not impaired; nonconforming uses","history":"Code 1950, \u00a7\u00a7 15-843, 15-848, 15-968.6; 1962, c. 407, \u00a7 15.1-492; 1966, c. 202; 1975, c. 641; 1997, c.; 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; 2014, c. 648; 2016, c. 584; 2017, c. 404; 2024, c. 605; 2025, c. 594.","full_text":"A\n\nNothing 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.B\n\nFor 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 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; (vi) the designated agent has approved a final subdivision plat, site plan or plan of development for the landowner’s property; or (vii) the zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner’s property that is no longer subject to appeal and no longer subject to change, modification or reversal under subsection C of § 15.2-2311.C\n\nA 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, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code (§ 36-97 et seq.). If a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing. 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.D\n\nNotwithstanding 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, (ii) a property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code (§ 36-97 et seq.), or (iii) the owner of the building or structure has paid taxes to the locality for such building or structure for a period of more than the previous 15 years, a zoning ordinance shall not provide that such building or structure is illegal and subject to removal solely due to such nonconformity. Such building or structure shall be nonconforming. A zoning ordinance may provide that such building or structure be brought in compliance with the Uniform Statewide Building Code, provided that to do so shall not affect the nonconforming status of such building or structure. If the local government has issued a permit, other than a building permit, that authorized construction of an improvement to real property and the improvement was thereafter constructed in accordance with such permit, the ordinance may provide that the improvements are nonconforming, but not illegal. If the structure is one that requires no permit, and an authorized local government official informs the property owner that the structure will comply with the zoning ordinance, and the improvement was thereafter constructed, a zoning ordinance may provide that the structure is nonconforming but shall not provide that such structure is illegal and subject to removal solely due to such nonconformity. In any proceeding when the authorized government official is deceased or is otherwise unavailable to testify, uncorroborated testimony of the oral statement of such official shall not be sufficient evidence to prove that the authorized government official made such statement.E\n\nA zoning ordinance shall permit the owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God to repair, rebuild, or replace such building 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 is damaged greater than 50 percent and 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 (§ 36-97 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, rebuilt 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. For purposes of this section, “act of God” shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under § 18.2-77 or 18.2-80, and obtain vested rights under this section.F\n\nNotwithstanding any local ordinance to the contrary, an owner of real property shall be permitted to replace an existing on-site sewage system for any existing building in the same general location on the property even if a new on-site sewage system would not otherwise be permitted in that location, unless access to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then the connection to such system shall be required. Any new on-site system shall be installed in compliance with applicable regulations of the Department of Health in effect at the time of the installation.G\n\nNothing 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.H\n\nNothing 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.","order_by":null,"text":{"0":{"id":206532,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":206533,"text":"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 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; (vi) the designated agent has approved a final subdivision plat, site plan or plan of development for the landowner’s property; or (vii) the zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner’s property that is no longer subject to appeal and no longer subject to change, modification or reversal under subsection C of § 15.2-2311.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":206534,"text":"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, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code (§ 36-97 et seq.). If a use does not conform to the zoning prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the locality shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality or any agency affiliated with the locality for fees associated with such filing. 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":206535,"text":"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, (ii) a property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code (§ 36-97 et seq.), or (iii) the owner of the building or structure has paid taxes to the locality for such building or structure for a period of more than the previous 15 years, a zoning ordinance shall not provide that such building or structure is illegal and subject to removal solely due to such nonconformity. Such building or structure shall be nonconforming. A zoning ordinance may provide that such building or structure be brought in compliance with the Uniform Statewide Building Code, provided that to do so shall not affect the nonconforming status of such building or structure. If the local government has issued a permit, other than a building permit, that authorized construction of an improvement to real property and the improvement was thereafter constructed in accordance with such permit, the ordinance may provide that the improvements are nonconforming, but not illegal. If the structure is one that requires no permit, and an authorized local government official informs the property owner that the structure will comply with the zoning ordinance, and the improvement was thereafter constructed, a zoning ordinance may provide that the structure is nonconforming but shall not provide that such structure is illegal and subject to removal solely due to such nonconformity. In any proceeding when the authorized government official is deceased or is otherwise unavailable to testify, uncorroborated testimony of the oral statement of such official shall not be sufficient evidence to prove that the authorized government official made such statement.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":206536,"text":"A zoning ordinance shall permit the owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God to repair, rebuild, or replace such building 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 is damaged greater than 50 percent and 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 (§ 36-97 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, rebuilt 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. For purposes of this section, “act of God” shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under § 18.2-77 or 18.2-80, and obtain vested rights under this section.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":206537,"text":"Notwithstanding any local ordinance to the contrary, an owner of real property shall be permitted to replace an existing on-site sewage system for any existing building in the same general location on the property even if a new on-site sewage system would not otherwise be permitted in that location, unless access to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then the connection to such system shall be required. Any new on-site system shall be installed in compliance with applicable regulations of the Department of Health in effect at the time of the installation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":206538,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":206539,"text":"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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"ancestry":[{"id":12775,"edition_id":1,"name":"Zoning","identifier":"7","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":155213,"object_type":"structure","relational_id":12775,"identifier":"7","token":"15.2\/II\/22\/7","url":"\/15.2\/II\/22\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56618,"structure_id":12775,"section_number":"15.2-2280","catch_line":"Zoning ordinances generally","url":"\/15.2-2280\/","token":"15.2\/II\/22\/7\/15.2-2280","metadata":false},{"id":56632,"structure_id":12775,"section_number":"15.2-2281","catch_line":"Jurisdiction of localities","url":"\/15.2-2281\/","token":"15.2\/II\/22\/7\/15.2-2281","metadata":false},{"id":72266,"structure_id":12775,"section_number":"15.2-2282","catch_line":"Regulations to be uniform","url":"\/15.2-2282\/","token":"15.2\/II\/22\/7\/15.2-2282","metadata":false},{"id":73825,"structure_id":12775,"section_number":"15.2-2283","catch_line":"Purpose of zoning ordinances","url":"\/15.2-2283\/","token":"15.2\/II\/22\/7\/15.2-2283","metadata":false},{"id":70348,"structure_id":12775,"section_number":"15.2-2283.1","catch_line":"Prohibition of sexual offender treatment office in residentially zoned subdivision","url":"\/15.2-2283.1\/","token":"15.2\/II\/22\/7\/15.2-2283.1","metadata":false},{"id":55641,"structure_id":12775,"section_number":"15.2-2284","catch_line":"Matters to be considered in drawing and applying zoning ordinances and districts","url":"\/15.2-2284\/","token":"15.2\/II\/22\/7\/15.2-2284","metadata":false},{"id":62867,"structure_id":12775,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; 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The record of this law\u2019s original creation isn\u2019t available online. It has been modified 16 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 407; in 1966, chapter 202; in 1975, chapter 641; in 1998, chapter 801<\/a>; in 2002, chapter 823<\/a>; in 2003, chapters 21<\/a>, 53<\/a>, and 189<\/a>; in 2004, chapter 538<\/a>; in 2006, chapter 244<\/a>; in 2008, chapters 377<\/a> and 411<\/a>; in 2009, chapter 782<\/a>; in 2010, chapters 315<\/a> and 698<\/a>; in 2014, chapter 648<\/a>; in 2016, chapter 584<\/a>; in 2017, chapter 404<\/a>; in 2024, chapter 605<\/a>; in 2025, chapter 594<\/a>.<\/p>","references":[{"id":81394,"section_number":"10.1-606.3","catch_line":"Requirement for development in dam break inundation zones","order_by":null,"url":"\/10.1-606.3\/"},{"id":67238,"section_number":"15.2-2286","catch_line":"Permitted provisions in zoning ordinances; amendments; applicant to pay delinquent taxes; penalties","order_by":null,"url":"\/15.2-2286\/"}],"refers_to":[{"id":80144,"section_number":"15.2-2310","catch_line":"Applications for special exceptions and variances","order_by":null,"url":"\/15.2-2310\/"},{"id":62707,"section_number":"18.2-77","catch_line":"Burning or destroying dwelling house, etc","order_by":null,"url":"\/18.2-77\/"},{"id":54834,"section_number":"18.2-80","catch_line":"Burning or destroying any other building or structure","order_by":null,"url":"\/18.2-80\/"},{"id":78167,"section_number":"36-97","catch_line":"Definitions","order_by":null,"url":"\/36-97\/"}],"permalink":{"id":155431,"object_type":"law","relational_id":56409,"identifier":"15.2-2307","token":"15.2\/II\/22\/7\/15.2-2307","url":"\/15.2-2307\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2307\/","token":"15.2\/II\/22\/7\/15.2-2307","dublin_core":{"Title":"Vested rights not impaired; nonconforming uses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2307","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 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<\/span> ordinance<\/span> when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act which remains in effect allowing development<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For purposes of this section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development<\/span> of a specific project: (i) the governing body<\/span> has accepted proffers or proffered conditions which specify use related to a zoning<\/span> amendment; (ii) the governing body<\/span> has approved an application for a rezoning for a specific use or density; (iii) the governing body<\/span> or board of zoning<\/span> appeals<\/span> has granted a special exception<\/span> or use permit with conditions; (iv) the board of zoning<\/span> appeals<\/span> has approved a variance; (v) the designated agent<\/span> has approved a preliminary subdivision plat<\/span>, site plan<\/span> or plan of development<\/span> 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; (vi) the designated agent<\/span> has approved a final subdivision plat, site plan<\/span> or plan of development<\/span> for the landowner’s property; or (vii) the zoning<\/span> administrator or other administrative officer has issued a written order<\/span>, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner’s property that is no longer subject to appeal<\/span> and no longer subject to change, modification or reversal under subsection C of § 15.2-2311<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A zoning<\/span> ordinance<\/span> may provide that land, buildings, and structures and the uses thereof which do not conform to the zoning<\/span> 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, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code (§ 36-97<\/a> et seq.). If a use does not conform to the zoning<\/span> prescribed for the district in which such use is situated, and if (i) a business license was issued by the locality<\/span> for such use and (ii) the holder of such business license has operated continuously in the same location for at least 15 years and has paid all local taxes related to such use, the locality<\/span> shall permit the holder of such business license to apply for a rezoning or a special use permit without charge by the locality<\/span> or any agency affiliated with the locality<\/span> for fees associated with such filing. Further, a zoning<\/span> ordinance<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any local ordinance<\/span> to the contrary, if (i) the local government<\/span> 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<\/span> issued a certificate of occupancy or a use permit therefor, (ii) a property owner, relying in good faith on the issuance of a building permit, incurs extensive obligations or substantial expenses in diligent pursuit of a building project that is in conformance with the building permit and the Uniform Statewide Building Code (§ 36-97<\/a> et seq.), or (iii) the owner of the building or structure has paid taxes to the locality<\/span> for such building or structure for a period of more than the previous 15 years, a zoning<\/span> ordinance<\/span> shall not provide that such building or structure is illegal and subject to removal solely due to such nonconformity. Such building or structure shall be nonconforming. A zoning<\/span> ordinance<\/span> may provide that such building or structure be brought in compliance with the Uniform Statewide Building Code, provided that to do so shall not affect the nonconforming status of such building or structure. If the local government<\/span> has issued a permit, other than a building permit, that authorized construction of an improvement to real property and the improvement was thereafter constructed in accordance with such permit, the ordinance<\/span> may provide that the improvements are nonconforming, but not illegal. If the structure is one that requires no permit, and an authorized local government<\/span> official informs the property owner that the structure will comply with the zoning<\/span> ordinance<\/span>, and the improvement was thereafter constructed, a zoning<\/span> ordinance<\/span> may provide that the structure is nonconforming but shall not provide that such structure is illegal and subject to removal solely due to such nonconformity. In any proceeding when the authorized government official is deceased or is otherwise unavailable to testify, uncorroborated testimony<\/span> of the oral statement of such official shall not be sufficient evidence<\/span> to prove that the authorized government official made such statement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A zoning<\/span> ordinance<\/span> shall permit the owner of any residential or commercial building damaged or destroyed by a natural disaster or other act of God<\/span> to repair, rebuild, or replace such building to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a variance as provided in § 15.2-2310<\/a>. If such building is damaged greater than 50 percent and 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 (§ 36-97<\/a> 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, rebuilt or replaced within two years of the date of the natural disaster or other act of God<\/span>, such building shall only be repaired, rebuilt or replaced in accordance with the provisions of the zoning<\/span> ordinance<\/span> of the locality<\/span>. 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<\/span> ordinance<\/span> shall provide for an additional two years for the building to be repaired, rebuilt or replaced as otherwise provided in this paragraph. For purposes of this section, “act of God<\/span>” shall include any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. For purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God<\/span>. Nothing herein shall be construed to enable the property owner to commit an arson<\/span> under § 18.2-77<\/a> or 18.2-80<\/a>, and obtain vested rights under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Notwithstanding any local ordinance<\/span> to the contrary, an owner of real property shall be permitted to replace an existing on-site sewage system for any existing building in the same general location on the property even if a new on-site sewage system would not otherwise be permitted in that location, unless access to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then the connection to such system shall be required. Any new on-site system shall be installed in compliance with applicable regulations of the Department of Health in effect at the time of the installation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this section shall be construed to prevent a locality<\/span>, 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<\/span> may, by ordinance<\/span>, 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<\/span> to do so. If, following such two-year period, the locality<\/span> has made a reasonable attempt to notify the property owner, the locality<\/span> 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<\/span> from applying to a court<\/span> of competent jurisdiction<\/span> for an order<\/span> requiring the removal of such abandoned nonconforming sign by the owner by means of injunction<\/span> or other appropriate remedy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVESTED RIGHTS NOT IMPAIRED; NONCONFORMING USES (\u00a7 15.2-2307)\n\nA. Nothing in this article shall be construed to authorize the impairment of any\nvested right. Without limiting the time when rights might otherwise vest, a\nlandowner’s rights shall be deemed vested in a land use and such vesting\nshall not be affected by a subsequent amendment to a zoning ordinance when the\nlandowner (i) obtains or is the beneficiary of a significant affirmative\ngovernmental act which remains in effect allowing development of a specific\nproject, (ii) relies in good faith on the significant affirmative governmental\nact, and (iii) incurs extensive obligations or substantial expenses in diligent\npursuit of the specific project in reliance on the significant affirmative\ngovernmental act.\n\nB. For purposes of this section and without limitation, the following are deemed\nto be significant affirmative governmental acts allowing development of a\nspecific project: (i) the governing body has accepted proffers or proffered\nconditions which specify use related to a zoning amendment; (ii) the governing\nbody has approved an application for a rezoning for a specific use or density;\n(iii) the governing body or board of zoning appeals has granted a special\nexception or use permit with conditions; (iv) the board of zoning appeals has\napproved a variance; (v) the designated agent has approved a preliminary\nsubdivision plat, site plan or plan of development for the landowner’s\nproperty and the applicant diligently pursues approval of the final plat or plan\nwithin a reasonable period of time under the circumstances; (vi) the designated\nagent has approved a final subdivision plat, site plan or plan of development\nfor the landowner’s property; or (vii) the zoning administrator or other\nadministrative officer has issued a written order, requirement, decision or\ndetermination regarding the permissibility of a specific use or density of the\nlandowner’s property that is no longer subject to appeal and no longer\nsubject to change, modification or reversal under subsection C of §\n15.2-2311.\n\nC. A zoning ordinance may provide that land, buildings, and structures and the\nuses thereof which do not conform to the zoning prescribed for the district in\nwhich they are situated may be continued only so long as the then existing or a\nmore restricted use continues and such use is not discontinued for more than two\nyears, and so long as the buildings or structures are maintained in their then\nstructural condition; and that the uses of such buildings or structures shall\nconform to such regulations whenever, with respect to the building or structure,\nthe square footage of a building or structure is enlarged, or the building or\nstructure is structurally altered as provided in the Uniform Statewide Building\nCode (§ 36-97 et seq.). If a use does not conform to the zoning prescribed\nfor the district in which such use is situated, and if (i) a business license\nwas issued by the locality for such use and (ii) the holder of such business\nlicense has operated continuously in the same location for at least 15 years and\nhas paid all local taxes related to such use, the locality shall permit the\nholder of such business license to apply for a rezoning or a special use permit\nwithout charge by the locality or any agency affiliated with the locality for\nfees associated with such filing. Further, a zoning ordinance may provide that\nno nonconforming use may be expanded, or that no nonconforming building or\nstructure may be moved on the same lot or to any other lot which is not properly\nzoned to permit such nonconforming use.\n\nD. Notwithstanding any local ordinance to the contrary, if (i) the local\ngovernment has issued a building permit, the building or structure was\nthereafter constructed in accordance with the building permit, and upon\ncompletion of construction, the local government issued a certificate of\noccupancy or a use permit therefor, (ii) a property owner, relying in good faith\non the issuance of a building permit, incurs extensive obligations or\nsubstantial expenses in diligent pursuit of a building project that is in\nconformance with the building permit and the Uniform Statewide Building Code\n(§ 36-97 et seq.), or (iii) the owner of the building or structure has paid\ntaxes to the locality for such building or structure for a period of more than\nthe previous 15 years, a zoning ordinance shall not provide that such building\nor structure is illegal and subject to removal solely due to such nonconformity.\nSuch building or structure shall be nonconforming. A zoning ordinance may\nprovide that such building or structure be brought in compliance with the\nUniform Statewide Building Code, provided that to do so shall not affect the\nnonconforming status of such building or structure. If the local government has\nissued a permit, other than a building permit, that authorized construction of\nan improvement to real property and the improvement was thereafter constructed\nin accordance with such permit, the ordinance may provide that the improvements\nare nonconforming, but not illegal. If the structure is one that requires no\npermit, and an authorized local government official informs the property owner\nthat the structure will comply with the zoning ordinance, and the improvement\nwas thereafter constructed, a zoning ordinance may provide that the structure is\nnonconforming but shall not provide that such structure is illegal and subject\nto removal solely due to such nonconformity. In any proceeding when the\nauthorized government official is deceased or is otherwise unavailable to\ntestify, uncorroborated testimony of the oral statement of such official shall\nnot be sufficient evidence to prove that the authorized government official made\nsuch statement.\n\nE. A zoning ordinance shall permit the owner of any residential or commercial\nbuilding damaged or destroyed by a natural disaster or other act of God to\nrepair, rebuild, or replace such building to eliminate or reduce the\nnonconforming features to the extent possible, without the need to obtain a\nvariance as provided in § 15.2-2310. If such building is damaged greater\nthan 50 percent and cannot be repaired, rebuilt or replaced except to restore it\nto its original nonconforming condition, the owner shall have the right to do\nso. The owner shall apply for a building permit and any work done to repair,\nrebuild or replace such building shall be in compliance with the provisions of\nthe Uniform Statewide Building Code (§ 36-97 et seq.) and any work done to\nrepair, rebuild or replace such building shall be in compliance with the\nprovisions of the local flood plain regulations adopted as a condition of\nparticipation in the National Flood Insurance Program. Unless such building is\nrepaired, rebuilt or replaced within two years of the date of the natural\ndisaster or other act of God, such building shall only be repaired, rebuilt or\nreplaced in accordance with the provisions of the zoning ordinance of the\nlocality. However, if the nonconforming building is in an area under a federal\ndisaster declaration and the building has been damaged or destroyed as a direct\nresult of conditions that gave rise to the declaration, then the zoning\nordinance shall provide for an additional two years for the building to be\nrepaired, rebuilt or replaced as otherwise provided in this paragraph. For\npurposes of this section, “act of God” shall include any natural\ndisaster or phenomena including a hurricane, tornado, storm, flood, high water,\nwind-driven water, tidal wave, earthquake or fire caused by lightning or\nwildfire. For purposes of this section, owners of property damaged by an\naccidental fire have the same rights to rebuild such property as if it were\ndamaged by an act of God. Nothing herein shall be construed to enable the\nproperty owner to commit an arson under § 18.2-77 or 18.2-80, and obtain\nvested rights under this section.\n\nF. Notwithstanding any local ordinance to the contrary, an owner of real\nproperty shall be permitted to replace an existing on-site sewage system for any\nexisting building in the same general location on the property even if a new\non-site sewage system would not otherwise be permitted in that location, unless\naccess to a public sanitary sewer is available to the property. If access to a\nsanitary sewer system is available, then the connection to such system shall be\nrequired. Any new on-site system shall be installed in compliance with\napplicable regulations of the Department of Health in effect at the time of the\ninstallation.\n\nG. Nothing in this section shall be construed to prevent a locality, after\nmaking a reasonable attempt to notify such property owner, from ordering the\nremoval of a nonconforming sign that has been abandoned. For purposes of this\nsection, a sign shall be considered abandoned if the business for which the sign\nwas erected has not been in operation for a period of at least two years. Any\nlocality may, by ordinance, provide that following the expiration of the\ntwo-year period any abandoned nonconforming sign shall be removed by the owner\nof the property on which the sign is located, if notified by the locality to do\nso. If, following such two-year period, the locality has made a reasonable\nattempt to notify the property owner, the locality through its own agents or\nemployees may enter the property upon which the sign is located and remove any\nsuch sign whenever the owner has refused to do so. The cost of such removal\nshall be chargeable to the owner of the property. Nothing herein shall prevent\nthe locality from applying to a court of competent jurisdiction for an order\nrequiring the removal of such abandoned nonconforming sign by the owner by means\nof injunction or other appropriate remedy.\n\nH. Nothing in this section shall be construed to prevent the land owner or home\nowner from removing a valid nonconforming manufactured home from a mobile or\nmanufactured home park and replacing that home with another comparable\nmanufactured home that meets the current HUD manufactured housing code. In such\nmobile or manufactured home park, a single-section home may replace a\nsingle-section home and a multi-section home may replace a multi-section home.\nThe owner of a valid nonconforming mobile or manufactured home not located in a\nmobile or manufactured home park may replace that home with a newer manufactured\nhome, either single- or multi-section, that meets the current HUD manufactured\nhousing code. Any such replacement home shall retain the valid nonconforming\nstatus of the prior home.\n\nHISTORY: Code 1950, \u00a7\u00a7 15-843, 15-848, 15-968.6; 1962, c. 407, \u00a7 15.1-492;\n1966, c. 202; 1975, c. 641; 1997, c.; 1998, c. 801; 2002, c. 823; 2003, cc. 21,\n53, 189; 2004, c. 538; 2006, c. 244; 2008, cc. 377, 411; 2009, c. 782; 2010, cc.\n315, 698; 2014, c. 648; 2016, c. 584; 2017, c. 404; 2024, c. 605; 2025, c. 594.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}