                                 CODE OF VIRGINIA

VESTED RIGHTS NOT IMPAIRED; NONCONFORMING USES (§ 15.2-2307)

A. 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&#8217;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. 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&#8217;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&#8217;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&#8217;s property that is no longer subject to appeal and no longer
subject to change, modification or reversal under subsection C of &#xA7;
15.2-2311.

C. 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 (&#xA7; 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. 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
(&#xA7; 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. 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 &#xA7; 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 (&#xA7; 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, &#8220;act of God&#8221; 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 &#xA7; 18.2-77 or 18.2-80, and obtain
vested rights under this section.

F. 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.

G. 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.

H. 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.

HISTORY: Code 1950, §§ 15-843, 15-848, 15-968.6; 1962, c. 407, § 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.