NONCONFORMING USES

Richmond, Va., City Code ch. 30, art. VIII, div. 1

in effect

Richmond, Va., City Code § 30-800 Continuation.

Sec. 30-800. - Continuation. Nonconforming uses, as defined in Section 30-1220, may be continued subject to the limitations set forth in this division so long as the then-existing or more restricted use continues. (Code 1993, § 32-800; Code 2004, § 114-800; Code 2015, § 30-800; Code 2020, § 30-800)

Richmond, Va., City Code § 30-800.1 Alterations to buildings or structures devoted to nonconforming uses.

Sec. 30-800.1. - Alterations to buildings or structures devoted to nonconforming uses. No building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, moved or structurally altered unless such building or structure is thereafter devoted to a conforming use, provided that nothing in this division shall be construed to prohibit normal repair, maintenance and nonstructural alterations to such building or structure nor the alteration, strengthening or restoration to a safe condition as may be required by law and provided, further, that the following shall be permitted: (1) Hospitals and institutional uses. A building or structure devoted to a nonconforming hospital or a nonconforming institution of a religious, educational, eleemosynary or philanthropic nature located in any district may be structurally altered so long as the amount of floor area devoted to the use is not increased. (2) Dwellings in business districts. Any building containing a nonconforming single-family detached, single-family attached, two-family or multifamily dwelling in a UB, UB-2, B or OS district may be maintained, improved, enlarged, extended or structurally altered or may be reconstructed if damaged by fire, explosion, act of God or the public enemy, provided that in no case shall the amount of floor area devoted to such dwelling at the time it became nonconforming be increased more than ten percent nor shall the lot area, lot width or yard depths be reduced to less than required for the use in the R-48 district. (3) Uses in UB-2, B-5 or B-6 districts. Any building devoted to a use which becomes nonconforming by reason of its inclusion in a UB-2, B-5 or B-6 district may, for purposes of accommodating such use, be maintained, improved, enlarged, extended or structurally altered or may be reconstructed if damaged by fire, explosion, act of God or the public enemy, provided that in no case shall the amount of floor area devoted to such use at the time of its inclusion in the B-5 or B-6 district be increased more than ten percent. (4) Alterations to accommodate a wireless communications facility, microwave relay facility, or radio and television broadcast antenna and support structure. Any building or structure occupied by or accessory to a nonconforming use may be modified as necessary to accommodate such facilities and antennas, as set forth in Section 30-692.3, provided the applicable requirements of that section are met. The equipment related to the facility or antenna may be accommodated within the interior of the building by either the reduction of the space devoted to the nonconforming use, the conversion of previously unoccupied space within the building, or a combination thereof. (Code 1993, § 32-800.1; Code 2004, § 114-800.1; Code 2015, § 30-800.1; Code 2020, § 30-800.1; Ord. No. 2008-2-55, § 2, 3-24-2008)

Richmond, Va., City Code § 30-800.2 Extension or expansion.

Sec. 30-800.2. - Extension or expansion. (a) Except as specifically permitted by this division, a nonconforming use shall not be extended, expanded, enlarged or moved to occupy a different or greater area of land, buildings or structures than was occupied by such use at the time it became nonconforming, provided that a nonconforming use may be extended throughout any parts of a building which were specifically and lawfully designed and arranged for such use at the time it became nonconforming so long as such extension does not result in any increase in the number of dwelling or lodging units in the building. No material change in a nonconforming use or material change in the program or operating characteristics of a nonconforming use shall take place that would increase the intensity of the use. (b) The area of a lot on which a nonconforming use is located shall not be reduced unless authorized by the Board of Zoning Appeals pursuant to Article X of this chapter. (c) Fences, walls, and building-mounted and freestanding solar energy systems shall be permitted on properties devoted to nonconforming uses in the same manner and subject to the same requirements as properties devoted to conforming uses. (Code 1993, § 32-800.2; Code 2004, § 114-800.2; Code 2015, § 30-800.2; Code 2020, § 30-800.2; Ord. No. 2020-171, § 1(30-800.2), 9-28-2020; Ord. No. 2023-101, § 5, 4-24-2023)

Richmond, Va., City Code § 30-800.3 Changes.

Sec. 30-800.3. - Changes. (a) A nonconforming use may be changed to a use conforming to the regulations applicable in the district in which it is located or to a use, as determined by the Zoning Administrator, which meets all of the following criteria: (1) The use is first permitted in the same district or a more restricted district than the district in which the nonconforming use is first permitted, and such use is not a use permitted by conditional use permit in that district. (2) The use does not have a greater amount of vehicular trip generation than the nonconforming use, as determined by the Institute of Transportation Engineers Common Trip Generation Rates or a similar vehicular trip generation system. (3) The use does not have a greater number of employees or a greater amount of noise, smoke or odor than the nonconforming use. (4) The use does not otherwise constitute a greater deviation from the regulations pertaining to permitted principal or accessory uses applicable in the district in which it is located. (5) In addition to the other criteria set forth in this section, a nonconforming use which is permitted by conditional use permit in any district established by this chapter may be changed only to a use conforming to the use regulations applicable in the district in which it is located or to a dwelling use. (6) In addition to the other criteria set forth in this section, a nonconforming use which is listed as a permitted use only in the I district and for which an institutional master plan is required may be changed only to a use conforming to the use regulations applicable in the district in which it is located or to a dwelling use. (7) Subject to the applicable criteria set forth in this section, a change to a multifamily dwelling shall be permitted in a R-1, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, and R-8 district, provided that there shall be a lot area of not less than 750 square feet for each dwelling unit. (b) Whenever a nonconforming use is changed to a more restricted use or to a conforming use, the use shall not thereafter be changed to a less restricted use, unless such use is permitted by this chapter. (c) When a change in a nonconforming use to a more restricted use as permitted by Subsection (a) of this section or to a conforming use would result in imposition of a greater yard or open space requirement, such requirement shall not be construed to prohibit the change in use, provided that no physical change is made to the building or lot that results in any greater departure from any applicable requirement of this chapter. (d) When a nonconforming use has been changed to an illegal use, such illegal use shall cease, and any subsequent use of the property shall conform to the regulations applicable in the district in which it is located or, if the nonconforming use has been discontinued for a period of less than two years, the illegal use may be changed to the last nonconforming use or to a use that is more restricted than such use. (Code 1993, § 32-800.3; Code 2004, § 114-800.3; Code 2015, § 30-800.3; Code 2020, § 30-800.3; Ord. No. 2019-352, § 1, 1-13-2020; Ord. No. 2023-101, § 5, 4-24-2023)

Richmond, Va., City Code § 30-800.4 Discontinuance in general.

Sec. 30-800.4. - Discontinuance in general. Whenever a nonconforming use of a building or structure is discontinued for a period of two years or longer, whether or not equipment or fixtures are removed, any subsequent use of the premises shall conform to the regulations applicable in the district in which it is located. (Code 1993, § 32-800.4; Code 2004, § 114-800.4; Code 2015, § 30-800.4; Code 2020, § 30-800.4)

Richmond, Va., City Code § 30-800.5 Discontinuance of uses of land.

Sec. 30-800.5. - Discontinuance of uses of land. A nonconforming use of land shall be discontinued within two years from the effective date of the ordinance or amendment thereto causing it to become nonconforming. (Code 1993, § 32-800.5; Code 2004, § 114-800.5; Code 2015, § 30-800.5; Code 2020, § 30-800.5)

Richmond, Va., City Code § 30-800.6 Discontinuance of certain uses in single-family districts.

Sec. 30-800.6. - Discontinuance of certain uses in single-family districts. (a) Business and industrial uses. The nonconforming use of a building in a single-family residential district for any purpose first permitted in a business or industrial district shall be discontinued within 15 years from the effective date of the ordinance or amendment thereto causing it to become nonconforming, and such building shall thereafter be devoted to conforming uses, provided that such nonconforming use of a building constructed less than 25 years prior to the effective date of the ordinance or amendment thereto causing it to become nonconforming shall be discontinued within 40 years from the date of the construction thereof and shall thereafter be devoted to conforming uses. (b) Lodginghouses and tourist homes. The nonconforming use of a building in any single-family residential district for a lodginghouse or tourist home shall be discontinued within three years from the effective date of the ordinance or amendment thereto causing it to become nonconforming, and such building shall thereafter be devoted to conforming uses. (Code 1993, § 32-800.6; Code 2004, § 114-800.6; Code 2015, § 30-800.6; Code 2020, § 30-800.6)

Richmond, Va., City Code § 30-800.7 Reserved.

Richmond, Va., City Code § 30-800.8 Damage to buildings devoted to nonconforming uses.

Sec. 30-800.8. - Damage to buildings devoted to nonconforming uses. (a) When a building devoted to a nonconforming use is damaged by fire, explosion, act of God or the public enemy to the extent of 60 percent or less of its replacement value, as determined by the Commissioner of Buildings utilizing the RSMeans or a similar cost evaluation system for comparable construction, such building may be restored, repaired, reconstructed and used as before such damage, provided that the area devoted to the nonconforming use shall not be increased, and provided further that application for a building permit for the restoration, repair or reconstruction shall be submitted within two years of the date of damage. (b) When a building devoted to a nonconforming use is damaged by fire, explosion by fire, explosion, act of God or the public enemy to the extent of more than 60 percent of its replacement value, as determined by the Commissioner of Buildings utilizing the RSMeans or a similar cost evaluation system for comparable construction, such building, if restored, shall thereafter be devoted to conforming uses, except as otherwise permitted pursuant to the provisions of Section 17.20 of the Charter. (Code 1993, § 32-800.8; Code 2004, § 114-800.8; Code 2015, § 30-800.8; Code 2020, § 30-800.8; Ord. No. 2003-184-131, 1, 5-27-2003)

Richmond, Va., City Code § 30-800.9 Seasonal uses.

Sec. 30-800.9. - Seasonal uses. Intermittent or temporary use of land, buildings or structures shall not be construed to establish the existence of a nonconforming use for the purposes of this division, provided that a lawful seasonal use that was in operation for at least two consecutive seasons immediately prior to the adoption of the ordinance from which this chapter is derived or subsequent amendment thereto shall be considered a nonconforming use for seasonal purposes only and shall be subject to applicable sections of this division. (Code 1993, § 32-800.9; Code 2004, § 114-800.9; Code 2015, § 30-800.9; Code 2020, § 30-800.9)

Source: City of Richmond, Virginia, Code (2026 recodification) and Charter (Municode Library, library.municode.com)URL: https://library.municode.com/va/richmond/codes/code_of_ordinances?nodeId=CH30ZO_ARTVIIINOUSFE_DIV1NOUSFetched: 11/8/2026