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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68257</law_id><section_number>55.1-2104</section_number><catch_line>Applicability of local ordinances, regulations, and building codes; local authority</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>55.1-2101</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="55.1">Property and Conveyances</unit><unit label="subtitle" level="2" order_by="1" identifier="IV">Common Interest Communities</unit><unit label="chapter" level="3" order_by="1" identifier="21">Virginia Real Estate Cooperative Act</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> No zoning or other land use <span class="dictionary">ordinance</span> shall prohibit <span class="dictionary">cooperatives</span> as such by reason of their form of ownership. No <span class="dictionary">cooperative</span> shall be treated differently by any zoning or other land use <span class="dictionary">ordinance</span> that would permit a physically identical project or development under a different form of ownership. <a id="paragraph-246974" class="section-permalink" href="https://vacode.org/55.1-2104/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Subdivision and site plan <span class="dictionary">ordinances</span> in any locality shall apply to any <span class="dictionary">cooperative</span> in the same manner as such <span class="dictionary">ordinances</span> would apply to a physically identical project or development under a different form of ownership. Nevertheless, the <span class="dictionary">declarant</span> need not apply for or obtain subdivision approval to record <span class="dictionary">cooperative</span> instruments against a portion of the land that may be submitted to the <span class="dictionary">cooperative</span> if the site plan approval for the land being submitted to the <span class="dictionary">cooperative</span> has first been obtained. <a id="paragraph-246975" class="section-permalink" href="https://vacode.org/55.1-2104/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> During development of a <span class="dictionary">cooperative</span> containing additional land or withdrawable land, phase lines created by the <span class="dictionary">cooperative</span> instruments shall not be considered property lines for purposes of subdivision. If the <span class="dictionary">cooperative</span> may no longer be expanded by the addition of additional land, the owner of the land not part of the <span class="dictionary">cooperative</span> shall subdivide such land prior to its conveyance, unless such land is subject to an approved site plan as provided in subsection B, or prior to modification of such approved site plan. In the event of any conveyance of land within phase lines of the <span class="dictionary">cooperative</span>, the <span class="dictionary">cooperative</span> and any lot created by such conveyance shall be deemed to comply with the local subdivision <span class="dictionary">ordinance</span>, provided that such land is subject to an approved site plan. <a id="paragraph-246976" class="section-permalink" href="https://vacode.org/55.1-2104/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> Localities may provide by <span class="dictionary">ordinance</span> that proposed <span class="dictionary">cooperatives</span> comprising <span class="dictionary">conversion buildings</span> and the use of such <span class="dictionary">conversion buildings</span> that do not conform to the zoning, land use, and site plan regulations of the respective county or city in which the property is located shall secure a special use permit, a special exception, or variance, as applicable, prior to such property&#x2019;s becoming a <span class="dictionary">cooperative</span>. The local authority shall grant a request for such a special use permit, special exception, or variance filed on or after July 1, 1982, if the applicant can demonstrate to the reasonable satisfaction of the local authority that the nonconformities are not likely to be adversely affected by the proposed conversion. The local authority shall not unreasonably delay action on any such request. In the event of an approved conversion, a locality, sanitary district, or other political subdivision may impose such charges and fees as are lawfully imposed by such locality, sanitary district, or other political subdivision as a result of construction of new structures to the extent that such charges and fees, or portions of such charges and fees, imposed upon property subject to such conversions may be reasonably related to greater or additional services provided by the locality, sanitary district, or political subdivision as a result of the conversion. <a id="paragraph-246977" class="section-permalink" href="https://vacode.org/55.1-2104/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Nothing in this section shall be construed to permit application of any provision of the Uniform Statewide Building Code (&#xA7; <a class="law" title="Definitions" href="/36-97/">36-97</a> et seq.), or any local <span class="dictionary">ordinances</span> regulating the design and construction of roads, sewer and water lines, stormwater management facilities, or other public infrastructure, that is not expressly applicable to <span class="dictionary">cooperatives</span> by reason of their form of ownership to a <span class="dictionary">cooperative</span> in a manner different from the manner in which such provision is applied to other buildings of similar physical form and nature of occupancy. <a id="paragraph-246978" class="section-permalink" href="https://vacode.org/55.1-2104/#E"><i class="fa fa-link"/></a></p></section></text><history>1982, c. 277, &#xA7; 55-429; 2004, c. 242; 2019, c. 712.</history><metadata></metadata></law>
