Search Site
Menu
307 West Rio Road | Charlottesville, Virginia 22901
Call For Consultation 434-973-7474
A Nonconforming Building vs. an Illegal Building

There are a few exceptions to zoning that can help clear up issues with nonconforming buildings or structures. For example, what do you do if the survey shows that a house is built too close to the locality’s building setback lines? 

Virginia Code Section §15.2-2307 provides that if a local government has issued a building permit, and a building or structure was subsequently constructed in accordance with that permit, and upon completion of construction, the local government issued a certificate of occupancy or a use permit, a zoning ordinance may provide that the building or structure is nonconforming. Should this occur, the local zoning ordinance shall not provide that the structure is illegal. As a result, the building cannot be removed solely due to the nonconformity. 

Similarly, if an owner has paid local real estate taxes for a building for a period in excess of fifteen years, then a zoning ordinance may provide that a structure is nonconforming but may not provide that the building is illegal. Accordingly, the building cannot be removed solely due to nonconformity. 

For more details on the grandfathering code section, view VA Code §15.2-2307.

William D. Tucker, III
Tucker Griffin Barnes
www.TGBLaw.com
434-973-7474

 

Leave a Reply

Your email address will not be published. Required fields are marked *

See Our Videos
  • Charlottesville Personal Injury Attorney - It Is About the Money

  • Charlottesville Divorce Attorney - What To Expect During Your First Family Law Consultation

  • Criminal Defense - Don't Ever, Ever Talk To The Police Without An Attorney Present

  • Protect yourself during Move-In or Move-Out of an Apartment

  • How do I find a good personal injury attorney?

  • Charlottesville Estate Planning Talk

  • Charlottesville Personal Injury - What Is My Case Worth?

Meet Our Attorneys
Testimonials
  • ""Bill Tucker and his team were the answer to my real estate prayers! After being transferred to another state .."" - Short Sales

  • ""Yvonne Griffin represented me in an accident case that required many months of hands on attention .."" - Personal Injury

  • ""Ms. Barnes, I cannot thank you and your staff enough for taking my case at was a very dark time for me .."" - Social Security Disability

  • ""Lynn Bradley has been a force that has proven to be competent, professional and exceled at her work .."" - Worker's Compensation

  • ""Ms. Hakes, Thank you so much. You don't know what a wonderful gift you just gave to me, my son's .."" - Criminal Defense

  • ""When you first interview Laura Butler, it is apparent you are in the presence of a true professional in all .."" - Family Law

  • ""Mr. Tucker, I cannot thank you enough for all your work. I wish everyone had your work ethic and attention .."" - Real Estate

Firm Awards & Recognition
Contact us

Main Contact Form