2006 Code of Virginia § 55-79.43 - County and municipal ordinances; nonconforming conversion condominiums; applicability of Uniform St...

55-79.43. County and municipal ordinances; nonconforming conversioncondominiums; applicability of Uniform Statewide Building Code; otherregulations.

A. No zoning or other land use ordinance shall prohibit condominiums as suchby reason of the form of ownership inherent therein. Neither shall anycondominium be treated differently by any zoning or other land use ordinancewhich would permit a physically identical project or development under adifferent form of ownership. Except as provided in subsection E, no localgovernment may require further review or approval to record condominiuminstruments when a property has previously complied with subdivision, siteplan, zoning, or other applicable land use regulations.

B. Subdivision and site plan ordinances in any county, city or town in theCommonwealth shall apply to any condominium in the same manner as suchordinances would apply to a physically identical project or development undera different form of ownership; however, the declarant need not apply for orobtain subdivision approval to record condominium instruments if site planapproval for the land being submitted to the condominium has first beenobtained.

C. During development of a condominium containing additional land orwithdrawable land, phase lines created by the condominium instruments shallnot be considered property lines for purposes of subdivision. If thecondominium can no longer be expanded by the addition of additional land,then the owner of the land not part of the condominium shall subdivide suchland prior to its conveyance, unless such land is subject to an approved siteplan as provided in subsection B of this section, or prior to modification ofsuch approved site plan. In the event of any conveyance of land within phaselines of the condominium, the condominium and any lot created by suchconveyance shall be deemed to comply with the local subdivision ordinance,provided such land is subject to an approved site plan.

D. During the period of declarant control and as long as the declarant hasthe right to create additional units or to complete the common elements, thedeclarant has the authority to execute, file, and process any subdivision,site plan, zoning, or other land use applications or disclosures, includingconditional zoning proffers and agreements incidental thereto that do notcreate an affirmative obligation on the unit owners' association without itsconsent, with respect to the common elements or applications affecting morethan one unit, notwithstanding that the declarant is not the owner of theland.

In accordance with subsection B of 55-79.80, once the declarant no longerhas such authority, the executive organ of the unit owners' association, ifany, and if not, then a representative duly appointed by the unit owners'association, shall have the authority to execute, file, and process anysubdivision, site plan, zoning, or other land use applications ordisclosures, including conditional zoning proffers and agreements incidentalthereto that do not create an affirmative obligation on the declarant withoutits consent, with respect to the common elements or applications affectingmore than one unit, notwithstanding that the unit owners' association is notthe owner of the land. Such applications shall not adversely affect therights of the declarant to develop additional land. For purposes of obtainingbuilding and occupancy permits, the unit owner (including the declarant ifthe declarant is the unit owner) shall apply for permits for the unit, andthe unit owners' association shall apply for permits for the common elements,except that the declarant shall apply for permits for convertible land.

E. Counties, cities and towns may provide by ordinance that proposedconversion condominiums and the use thereof, which do not conform to thezoning, land use and site plan regulations of the respective county or cityin which the property is located, shall secure a special use permit, aspecial exception, or variance, as the case may be, prior to such propertybecoming a conversion condominium. A request for such a special use permit,special exception, or variance filed on or after July 1, 1982, shall begranted if the applicant can demonstrate to the reasonable satisfaction ofthe local authority that the nonconformities are not likely to be adverselyaffected by the proposed conversion. No action on any such request shall beunreasonably delayed. In the event of an approved conversion to condominiumownership, counties, cities, towns, sanitary districts, or other politicalsubdivisions may impose such charges and fees as are lawfully imposed by suchpolitical subdivisions as a result of construction of new structures to theextent that such charges and fees, or portions of such charges and fees,imposed upon property subject to such conversions may be reasonably relatedto greater or additional services provided by the political subdivision as aresult of the conversion.

F. Nothing in this section shall be construed to permit application of anyprovision of the Uniform Statewide Building Code ( 36-97 et seq.) or anylocal ordinances regulating design and construction of roads, sewer and waterlines, stormwater management facilities and other public infrastructure, to acondominium in a manner different from the manner in which such provision isapplied to other buildings of similar physical form and nature of occupancy.

(1974, c. 416; 1975, c. 415; 1982, c. 663; 1991, c. 497; 2006, cc. 9, 317.)