If a provision of this chapter is inconsistent with another
provision of this chapter, or with a provision found in other adopted
codes or ordinances of the City, the more restrictive provision shall
govern. The more restrictive provision is the one that imposes greater
restrictions or burdens, or more stringent controls.
In the event of a conflict between any provision(s) of this
chapter and the requirement(s) of any state or federal law or regulation,
the requirement(s) of the applicable state or federal law or regulation
shall govern.
Nothing in this chapter shall be construed to repeal or impair
any vested right that was lawfully established prior to October 8,
2013.
Any condominium development under the condominium laws of the
state shall be subject to the provisions of this chapter, including
the following:
A.
Any condominium development shall be treated the same as a physically
identical project or development under a different form of ownership.
B.
A condominium declarant is not required to obtain subdivision approval prior to recording condominium instruments, if site plan approval for the land being submitted to the condominium has previously been obtained. Except as provided in Code of Virginia § 55-79.43C, and except as provided within Subsection
C, following below, once a property has complied with subdivision, site plan, zoning, or other applicable land use regulations, no further review or approval of the City is required prior to recordation of condominium instruments.
C.
Any proposed conversion condominium, and the use thereof, which
does not conform to the requirements of this chapter shall secure
a special use permit or variance, as may be applicable, prior to such
property becoming a conversion condominium. A request for such a special
use permit or variance shall be granted if the applicant can demonstrate
to the reasonable satisfaction of the City Council that the nonconformities
are not likely to be adversely affected by the proposed conversion.