A BILL to amend and reenact § 15.2-2307 of the Code of Virginia, relating to vested rights.
Vested rights. Alters the criteria for determining when a landowner's rights shall be deemed vested in a land use. Under current law, such vesting occurs when the landowner (i) obtains or is the beneficiary of a significant affirmative governmental act that 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. The bill provides that vesting in a land use includes the development of a specific project as contemplated by and consistent with a significant affirmative governmental act and any related approvals, conditions, plans, or application materials accepted or approved by the locality, including the right to make minor modifications to such approvals that substantially conform and do not materially alter the character of the development contemplated by the significant affirmative governmental act. The bill further provides that a zoning administrator shall issue a written determination as to whether a proposed change is material or nonmaterial and that if a zoning administrator determines that a proposed change is material, an applicant may appeal the decision pursuant to general law. Finally, the bill narrows the circumstances by which a locality may treat a use as a valid nonconforming use by providing that if a landowner's rights are vested in a land use, that use shall not be rendered nonconforming by subsequent ordinance changes, except where the General Assembly explicitly authorizes retroactive application of new standards to protect public health and safety.