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2002 SESSION
025922946Be 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: (ia) the governing body has accepted proffers or proffered
conditions which specify use related to a zoning amendment; (iib) the governing
body has approved an application for a rezoning for a specific use or density;
(iiic) the governing body or board of zoning appeals has granted a special
exception or use permit with conditions; (ivd) the board of zoning appeals has
approved a variance; (ve) 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 (vif) 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 that 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,
or in the case of nonconforming signs, six months, 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 enlarged, extended, reconstructed or structurally altered and may
further 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.