Posted by: Patricia Salkin | July 26, 2008

Virginia Amends Nonconforming Use Statute to Provide Vested Rights

Introduced at the request of the Realtors Association, a new law in Virginia provides that property owners who have constructed buildings or structures in accordance with zoning ordinances in effect at that time cannot be required by the locality to remove them due to future changes in the zoning ordinance so long as they have paid property taxes on the structure for at least 15 years. Localities may require, however, that such structures be brought into compliance with state building code requirements. Specifically, the measure prevents local governments from requiring the removal of non-conforming structures if a building permit and certificate of occupancy were issued at the time the structure was built.


Chap. 377 of the Laws of 2008 (H.B. No. 1078). 






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