A legally nonconforming use is when a business or land use activity was allowed when it started but no longer meets the current zoning rules. This can happen if new regulations were added to the Richmond Municipal Code after the business was legally established, or if the zoning map was changed.
Nonconforming uses can continue operating as long as the business is continuously in operations (open), they maintain their business license, do not expand the use or operations, and maintain compliance with the Richmond Zoning Ordinance. If a legally nonconforming use is abandoned, meaning the business or use is no longer in operation, for one year, it may not be allowed to reopen if the current Zoning Regulations do not allow it. If a legally nonconforming vehicle service station is vacated for six months, vehicle service stations are no longer able to operate on the site. The six-month or one-year period commences when the business ceases operations and the business license expires, utilities are turned off, or the lease ends. Also, sites with a legally nonconforming auto-related use cannot expand or change operations to another auto use. For example, a legally nonconforming auto washing business cannot start to offer vehicle repairs, unless vehicle repairs are allowed in the Zoning District of the site. Some other legally nonconforming uses may be allowed to expand in floor area with specific regulations and limitations. Every property and business is unique, and it is recommended to contact Planning Division staff to confirm nonconformity statuses for specific businesses.