The General provisions of this zoning ordinance establish standards and procedures that apply to the city as a whole, rather than to any one specific zoning district or area of the city. These provisions govern the methods by which measurements of density and lot size should be taken, limits on the use and placement of accessory structures, rules for home occupations and other home-based businesses, expectations for future infrastructure planning, and the location of communications towers and equipment.

1.

All single family detached dwellings and lots related thereto shall have frontage on, and direct access to, a public street unless otherwise approved through a site plan or special use permit process.

2.

Attached dwellings, semi-detached dwellings, and multifamily dwellings, and lots related thereto, may have frontage on, and direct access to, either: (1) a dedicated public street, or (2) a private street, according to individual zoning district provisions.

3.

Non-residential structures and uses, and lots related thereto, may have frontage on, and direct access to, either: (1) a dedicated public street, or (2) a private street, according to individual zoning district provisions.

4.

The development of any private street is subject to the applicable approval of a site plan and easement plat, according to the site plan process established by this ordinance.

5.

If access is to be provided by means of a private street, the private street, or combined private street and parking facilities, shall be constructed in accordance with any applicable city design standards and private access and parking easement requirements.

6.

The classification and design requirements for all streets, public or private, shall be coordinated with the subdivision ordinance and city-approved transportation and infrastructure design requirements.

1.

The maximum residential density and corresponding yield (in terms of total allowable residential dwelling units) for a cluster subdivision or a TND-O District project shall be calculated based on the net developable area, (NDA), of the subject lot or property, with the gross area of the property or lot adjusted to exclude the terrain or other land characteristics as described by the net area definitions included in the respective cluster residential regulations or TND-O District regulations.

2.

In administering the provisions of this section, the zoning administrator shall have the authority to interpret the definitions of qualifying physical land uses and activities to be used for open space or landscaped open space ratios in a given district.

3.

Lands in common open space shall be so covenanted and perpetually maintained, managed and owned by a nonprofit organization or other legal entity, such as a homeowners' association, established under the laws of the state of Virginia, provided that the city council may, at its sole discretion, accept the dedicated of common ownership in cases where it is demonstrated to be in the best interest of the city. Such entity shall be approved by the city attorney or designated agent as a condition of final plan approval.

4.

Land proposed for open space, recreational and active community open space, or landscaped open space shall be of a shape, size and location suitable for the intended uses and shall meet the open space requirements contained in the applicable individual zoning district regulations.

5.

Maximum lot coverage, where specified for certain zoning districts, shall be construed to include that portion of a lot occupied by principle structure and accessory structures, as well as all impervious surfaces.

1.

Accessory uses and structures may be permitted in any zoning district, according to individual district regulations. Accessory uses shall be in connection with, incidental to, and on the same lot with, a principal structure which is in use and permitted in such district.

2.

Except as necessary for ongoing construction activity, the storage or overnight parking of buses, school buses and commercial vehicles (including tractors and trailers) weighing over one ton is prohibited in any residential zoning district.

3.

In residential districts, no motor homes, recreational vehicles, trailers or boats shall be parked on the public street right-of-way. No more than one of any of the above vehicles shall be parked on a residential lot. No parking of any of the above vehicles shall be permitted in a front yard of a residential lot. No such vehicle shall be used for any form of habitation on a residential lot and no such vehicle may be connected to a private or public utility.

4.

Accessory structures may only be located within a rear yard.

5.

No accessory building may be placed within the limits of a surface or underground public utility, recorded easement, unrecorded drainageway, alley or required fire lane.

6.

No accessory structure other than garages and accessory residential dwelling units shall exceed twenty-four (24) feet in height. Garages and accessory residential units may exceed twenty-four (24) feet in height with a special use permit provided that the height of the garage or accessory residential unit shall not exceed seventy-five (75) percent of the height of the primary residential structure.

7.

No accessory structure shall be located closer than ten (10) feet from any other building or structure or as otherwise may be required by special use permit and approval of a residential lot development plan.

8.

Satellite dishes, antennas, and similar devices are deemed accessory structures. These structures shall be permitted in any zoning district under the following conditions:

a.

No satellite dish, antenna, and similar device may be located within a front yard, provided that this requirement may be waived at the sole discretion of the zoning administrator upon satisfactory demonstration by the applicant that satellite service cannot be obtained elsewhere on the applicant's lot.

b.

No satellite dish, antenna, and similar device may be located closer than ten (10) feet from any property line.

c.

In residential districts, no satellite dish, antenna, and similar device may be more than ten (10) feet in height measured at ground grade, nor may they exceed district height requirements if attached to a residence, nor may they extend more than three (3) feet in diameter.

d.

In commercial and industrial districts, no satellite dish, antenna, and similar device may be more than twenty (20) feet in height measured at ground grade, nor may they exceed district height requirements if attached to a building, nor may they extend more than ten (10) feet in diameter.

e.

Satellite dishes, antennas, and similar devices that exceed the above restrictions and dimensions may be allowed individually approved by the special permit process described elsewhere within this ordinance.

9.

Swimming pools may occupy a required rear yard, provided that they be at least ten (10) feet from any lot line or from any primary structure. Swimming pools are not permitted in front yards. Swimming pools shall be fenced and gated in a manner that adequately provides for the safety of persons on the subject lot and control of access to the swimming pool. The pool shall be landscaped in a manner satisfactory to the zoning administrator, and subject to residential lot development plan approval.

1.

The city, at its option, may develop a sanitary sewerage facilities master plan to determine the projected sewerage flow, collection mains and facilities, easements, and costs to provide ultimate sewerage service to city drainage sheds at full development of those sheds. Such facilities plan shall be designed to and in accordance with the adopted comprehensive plan. The facilities cost shall be updated annually by applying the appropriate Engineering News-Record cost index factor. The facilities plan shall be adopted by city council.

2.

Upon adoption of a sanitary sewerage facilities master plan, a subdivider or developer of land may be required to pay a pro rata share of the cost of providing reasonable and necessary sanitary sewerage facilities which may be outside the property limits of the land owned or controlled by the subdivider or developer, but necessitated or required, at least in part, by the construction or improvement of such land, in accordance with the intent and provisions of Code of Virginia § 15.2-2243, the adopted comprehensive plan, the adopted sanitary sewerage facilities master plan, the subdivision ordinance, and this ordinance.

3.

The policy and criteria for determination of pro rata share of total cost, financial and implementation procedures and other related matters shall be the responsibility of the city manager and adopted by the city council as part of the sanitary sewerage facilities master plan.

1.

The city, at its option, may develop a public water facilities master plan to determine the projected public water demand, distribution mains and facilities, easements, and costs to provide ultimate public water services to city drainage sheds at full development of those sheds. Such facilities plan shall be designed to and in accordance with the adopted comprehensive plan. The facilities cost shall be updated annually by applying the appropriate Engineering News-Record cost index factor. The facilities plan shall be adopted by city council.

2.

Upon adoption of any public water facilities plan, a subdivider or developer of land may be required to pay a pro rata share of the cost of providing reasonable and necessary water facilities which may be outside the property limits of the land owned or controlled by the subdivider or developer, but are necessitated or required, at least in part, by construction or improvement of such land in accordance with the intent and provisions of Code of Virginia § 15.2-2243, the adopted comprehensive plan, the adopted public water facilities master plan, the subdivision ordinance and this ordinance.

3.

The development of city policy and criteria for determination of pro rata share of total cost, financial and implementation procedures and other related matters shall be the responsibility of the city manager and shall be approved and adopted by the city council as part of the public water facilities master plan.

1.

The city, at its option, may develop and adopt a storm drainage and stormwater management facilities master plan to determine the projected storm drainage impacts, pre- and post-development runoff quantities and flow, storm drainage culverts and pipe systems, storm drainage ditches and structures, stormwater management facilities, waterfront protection measures, best management practices facilities (BMPs), easements and costs to provide adequate and necessary drainage improvements to the city's drainage sheds at full development of those sheds. This plan shall be designed to and in accordance with the future land uses on the adopted comprehensive plan. The facilities and improvements cost shall be updated annually by applying the appropriate Engineering News-Record cost index factor. The facilities plan shall be approved and adopted by city council.

2.

Upon adoption of a storm drainage and stormwater management facilities master plan, a subdivider or developer of land may be required to pay a pro rata share of the cost of providing reasonable and necessary storm drainage improvements facilities which may be located outside the property limits of the land owned or controlled by the subdivider or developer, but necessitated or required, at least in part, by the construction or improvement of such land, in accordance with the intent and provisions of Code of Virginia § 15.2-2243, the adopted comprehensive plan, the adopted storm drainage and stormwater management facilities master plan, the subdivision ordinance, and this ordinance.

3.

The policy and criteria for determination of pro rata share of total cost, financial and implementation procedures and other related matters shall be the responsibility of the city manager and adopted by the city council as part of the storm drainage and stormwater management facilities master plan.

1.

No structure or part thereof shall hereafter be constructed or moved on a lot which does not meet all of the minimum lot area and yard requirements established for the zoning district in which the structure is or is planned to be located except when allowed by special use permit or as otherwise approved by the zoning administrator.

2.

The minimum lot width shall be measured at the closest point of the side lot lines approved on the final subdivision plat. For lots fronting curved streets, the front yard setback will be established parallel to the street as measured constructing tangent points from the street. Each lot must maintain a minimum street frontage as indicated in the individual zoning district, unless otherwise modified and approved at the sole discretion of the zoning administrator in conjunction with the approval of plat and residential lot development plan for the subject lot.

3.

Pipestem lots, flag lots, or similar are not permitted by right in any residential district, but may be approved subject to a special use permit and approval of a residential lot development plan.

4.

Cornices, awnings, eaves, Americans with Disabilities Act (ADA) ramps, gutters, and other similar structural overhangs at least eight (8) feet above grade may extend not more than three (3) feet into any required yard.

5.

Uncovered and unenclosed decks, porches, patios, terraces and other similar features not covered by a roof or canopy (excluding driveways) may extend or project into a front, side or rear yard setback line not more than three (3) feet.

6.

Chimneys, solar devices, architectural features or the like, may project into required yards not more than thirty (30) inches, provided that building separation meets all applicable building codes. No such feature shall connect a principle structure with an accessory structure unless the accessory structure conforms with setbacks applicable to principle structures and all building code requirements are met.

7.

No commercial above ground fuel storage tanks may be located less than one hundred (100) feet from any residential district. Canopies and pump operations are not classified as accessory buildings and shall comply with standard principal building setbacks for the district concerned.

Notwithstanding the specific minimum lot size requirements and minimum yard requirements specified for a given zoning district, a single family detached, semi-detached, attached dwelling or multifamily residential or mixed-use condominium development and other forms of real estate condominiums may be permitted under the condominium laws of Virginia.

Condominium developments shall comply with the density and other provisions of the zoning district in which they are located, and, further, shall endeavor to otherwise respect the intended geometry for the yard and lot regulations for such uses as if lot lines were to exist, as determined by the zoning administrator.

1.

The operation of small home-based businesses within a residential dwelling or residential zone is allowed under certain circumstances, even where similar businesses would not be allowed as a stand-alone commercial use.

2.

A home occupation permit shall be approved by the zoning administrator prior to commencement of business operations.

3.

The home occupation shall, in the opinion of the zoning administrator, be clearly incidental to the use of the premises for dwelling purposes.

4.

The home occupation shall be conducted only by direct family members residing on the premises and not more than one person who is not a direct member of the family, except as otherwise provided in this section.

5.

The home occupation shall not result in the alteration of the appearance of the residential dwelling unit or the lot on which it is located. There shall be no storage or display of goods outside of a completely enclosed structure.

6.

The home occupation shall be conducted only within the dwelling, shall not require external alternative to the appearance of the dwelling, and shall involve no equipment which is deemed to be in conflict with the intent of the residential nature of the community.

7.

The home occupation shall not involve the use or storage of explosives, flammable or hazardous materials and may not involve any process that produces smoke, dust, odor, noise, vibration, or electrical interference, which in the opinion of the zoning administrator, is deteriorative or harmful to surrounding properties.

8.

The home occupation shall not involve the delivery and storage of materials at a frequency beyond that which is reasonable to the residential use of the property.

9.

Any use which generates excess traffic to and from the home shall not be permitted as a home occupation. Ten (10) vehicle trips per day per dwelling unit (inbound and outbound) shall serve as a guideline upon which this requirement shall be regulated.

10.

There shall be no group instruction, assembly or activity, or no display that will indicate from the exterior that the dwelling is being utilized in part for any purpose other than that of a residential dwelling.

11.

No home occupation shall be permitted which comprises more than twenty-five (25) percent of the gross floor area of the dwelling or more than eight hundred (800) square feet of the dwelling, whichever is less. A home occupation shall comply with all applicable city, state and federal laws and regulations governing the intended use, including applicable business licenses and permits.

12.

Any home occupation, which in the opinion of the zoning administrator, has violated the provisions of the home occupation permit or becomes a burden to the neighborhood due to excessive traffic, noise, hours of operation, lighting, or use intensity, shall have its permit revoked and the home occupation shall discontinue or correct operations within ten (10) days upon notification.

13.

Any person aggrieved by the action of the zoning administrator in granting, denying or revoking a home occupation permit or in stipulating conditions or corrections thereto may appeal the decision to the board of zoning appeals.

14.

Within the context of the above requirements, home occupation uses include, but are not limited to, the following:

a.

Artist, sculptor, graphic designer or photographer.

b.

Author or composer.

c.

Computer programmer, internet service provider or individual conducting a computer-oriented technology services.

d.

Home day care provider (child or adult day care for four (4) or fewer children or adults who are not related to the property owner or care provider). Care of up to twelve (12) children or adults may be allowed by special use permit when all state licensing requirements are met.

e.

Tailor or seamstress.

f.

Professional or home office.

g.

Tutoring, limited to two (2) students at any one time.

h.

Salesperson, provided that no retail or wholesale transactions occur on premises.

i.

Telephone operator, sales, or similar service.

j.

Music teacher, limited to two (2) students at any one time.

k.

Other use similar to and not to exceed the intensity of those listed above, as may be approved at the sole discretion of the zoning administrator.

15.

Specifically prohibited home occupation uses include, but are not limited to, the following:

a.

Auto repair or auto paint shop.

b.

Gift shops.

c.

Adult entertainment businesses.

d.

Medical and dental clinics.

e.

Veterinary activities and kennels.

f.

Wrecking and towing service.

g.

Welding and machine shop.

h.

Nursing or convalescent homes.

i.

Eating establishments.

j.

Antique shops.

k.

Small machinery repair shop.

l.

Other similar uses, as may be defined at the sole discretion of the zoning administrator.

1.

For the purpose of this ordinance, commercial communication towers shall include any pole, tower, tripod, telescoping mast, or any other structure, not to include a building or water tower, which supports a device used for the transmission, retransmission or reception of electronic signals or information for commercial use as interpreted by the zoning administrator.

2.

Commercial communication towers or commercial communication antennas otherwise conforming to all the applicable provisions of this ordinance may be permitted in any zoning district, subject to the special use permit process.

3.

Communication towers may also be subject to appropriate environmental or historic preservation review processes, including those required by Section 106 of the National Historic Preservation Act.

4.

Commercial communication antennas shall include any device that is designed, and/or adaptable, for mounting on preexisting or new structures, for example nonresidential buildings or water towers, and used for transmission, retransmission, or reception of electronic signals or information for commercial use as interpreted by the zoning administrator.

5.

A commercial antenna that is used for the one hundred eighty-degree transmission, retransmission or reception of electronic signals or information for commercial use shall be considered a directional or panel antenna.

6.

A commercial antenna that is used for the three hundred sixty-degree transmission, retransmission or reception of electronic signals or information for commercial use shall be considered an omni-directional or whip antenna.

7.

No telecommunication tower(s) shall be located within five hundred (500) feet of a residential zoning district unless the applicant can otherwise demonstrate by providing coverage, interference and capacity analysis that the proposed location of the antenna is necessary to meet the frequency reuse and spacing needs of the wireless telecommunications facility and to provide adequate coverage and capacity to areas which cannot be adequately served by locating the tower(s) in a less sensitive area.

8.

Commercial communication tower(s) and supporting commercial communication antenna(s) are permitted subject to approval of a special use permit in the following locations regardless of the underlying zoning district:

a.

Church sites when camouflaged as steeples or bell towers.

b.

Park sites when compatible with the existing environment and nature of the park.

c.

Government, school, utility and institutional sites.

9.

The maximum height for commercial communication towers shall be one hundred fifty (150) feet, and the minimum setback distance from the base of the commercial communications tower to any property line or to any adjacent nonresidential structure shall be equal to one-half the height of the tower, unless the city manager or planning commission grants a waiver due to special or unusual characteristics as demonstrated by the applicant.

10.

The following general criteria shall be considered in determining the appropriateness of sites for commercial communication tower(s) and commercial communication antenna(s) when considering a special use permit:

a.

Whether the proposed tower is to be located in an area where it would be unobtrusive to surrounding uses and would not substantially detract from the local aesthetic or neighborhood character.

b.

Whether the application represents a request for multiple use of a proposed tower(s) as is recommended in the city's comprehensive plan.

c.

Whether the application exhibits how the site and the tower(s) and/or antenna(s) will be designed and arranged to accommodate future multiple users.

11.

Photo simulations of the "before and after" visual impacts of the tower(s) shall be submitted to the city with the special use permit application.

12.

Line of sight profiles depicting the proposed tower with attached antenna(s) and arrays from no fewer than three (3) locations, including all critical view-sheds determined by the zoning administrator, shall be submitted at the time of initial application for all towers in excess of fifty (50) feet.

13.

Directional or panel antenna may not exceed three (3) feet in width and six (6) feet in height per individual antenna, and must be either sufficiently screened so as not to be visible from a public right-of-way or camouflaged by the use of color, textures or materials so as to match the surface on which they are mounted.

14.

Omni-directional or whip antenna may not exceed three (3) feet in width and twenty (20) feet in height per individual antenna, and must be either sufficiently screened so as not to be visible from a public right-of-way or camouflaged by the use of color, textures or materials so as to match the surface on which they are mounted.

15.

In the event the tower(s) and antenna array(s) shall serve as the primary use of the property, any accessory facility or building greater than one hundred (100) square feet will be designed so as to be architecturally compatible with principal structures on the site and shall be compatible with the surrounding natural or built-up environment.

16.

No communications equipment shall be installed which will interfere in any way with the city's emergency communications system.

17.

Advertising or signage provided for any use other than to provide warning or equipment instruction and/or any other information pertinent to the safe operation of the facility on any portion of the tower and/or antenna or any other accessory facility shall be prohibited, and each tower shall maintain a gray or other neutral colored finish.

18.

Towers shall not be artificially lighted, unless required by the Federal Communications Commission (FCC) and the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required, the planning commission and the city council shall review the available lighting alternatives and approve the engineering design solution that would create the least visual disturbance to the surrounding area.

19.

Tower(s) and antenna(s) in excess of fifty (50) feet in height shall include screening as deemed necessary by the zoning administrator.

20.

The applicant shall possess a communication license issued by the FCC and any other federal regulatory agency as deemed necessary by the city, and the site selection, design and operation of the facility must meet all applicable state and federal requirements and regulations.

21.

If at any time the use of the tower(s) and/or antenna(s) ceases, the owner or lessee of the tower(s) and/or antenna(s) shall dismantle and remove it within six (6) months after ceasing to use it, unless:

a.

A binding lease agreement with another wireless communications provider on the same tower has been executed in which case an additional six (6) months shall be granted.

b.

The city requests, in writing, that the tower(s) and/or antenna(s) be reserved for city use.

Such sales as defined in section II of this ordinance shall be permitted in all zoning districts within the city. The following operating requirements shall apply to all yard/garage sales:

1.

All on street parking in connection with garage/yard sales shall be in compliance with city parking regulations.

2.

It shall be unlawful for any person to hold more than two (2) yard/garage sales in a calendar year.

3.

It shall be unlawful for any person to conduct a yard/garage sale lasting longer than three (3) consecutive days.

4.

No signs advertising the sale or giving directions to the location shall be used, erected or allowed, except one sign shall be allowed in the front yard of the sale location and one additional sign shall be allowed at the terminus of the side and collector streets where the streets intersect major thoroughfares, not to be located within the street right-of-way, during the time of the sale. All such signs shall be removed within twenty-four (24) hours of the conclusion of such sale.

Any day care center allowed under this zoning ordinance shall meet or exceed all State of Virginia requirements and regulations pertaining to such establishments, including, but not limited to, those regulations requiring minimum square footage of indoor and outdoor play space. Such requirements are found in Code of Virginia § 22VAC40-185, and reproduced here as they exist at the time of this writing:

1.

Indoor space shall be measured inside wall-to-wall excluding spaces not routinely used by children as referenced in subdivisions 1 and 2 of this subsection:

a.

Areas not routinely used for children's activities shall not be calculated as available space.

b.

Space not calculated shall include, but not be limited to, offices, hallways, restrooms, kitchens, storage rooms or closets.

2.

There shall be twenty-five (25) square feet of indoor space available per child until subdivisions 1 and 2 of this subsection take effect.

a.

Effective June 1, 2008, applicants must have thirty-five (35) square feet of indoor wall-to-wall space per child.

b.

Current licensees and subsequent licensees at currently licensed facilities may continue to provide twenty-five (25) square feet per child.

c.

New additions shall have thirty-five (35) square feet of indoor wall-to-wall space per child effective June 1, 2008.

3.

Space in areas used by infants shall be calculated separately from space for older children. There shall be a minimum of twenty-five (25) square feet of space per infant excluding space occupied by cribs and changing tables or a minimum of thirty-five (35) square feet of available space per infant including space occupied by cribs and changing tables.

4.

Camps for school age children are not required to meet this space requirement. However, when weather prevents outdoor activities, the required indoor space per child shall be provided either at the program site or at a pre-designated, approved location off site.

5.

When children are on the outdoor play area, at least seventy-five (75) square feet of space per child shall be provided at any one time.

6.

Centers licensed for the care of infants and toddlers shall provide a separate playground area for these children that has at least twenty-five (25) square feet of unpaved surface per infant/toddler on the outdoor area at any one time. This space may be counted as part of the seventy-five (75) square feet required in subsection B of this section.

7.

A separate space shall be designated for children who are ill or injured.

1.

Short-term rental occupancy is a form of property and building use wherein a room or space located in a residential dwelling or qualifying accessory residential structure that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period limited to fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy.

2.

Short-term rental of a portion or all of a residential dwelling or a qualifying accessory residential unit shall be permitted by-right in any residential or mixed-use zoning district in the city, provided that the use, dwelling, and lot meet the following requirements:

a.

The owner or designated overseer of a short-term rental dwelling shall not provide food or beverage of any type to the short-term occupants;

b.

The use of the dwelling shall comply with all requirements of the zoning district in which the dwelling is located;

c.

No exterior signage or other form of exterior advertising shall be displayed on the residential property;

d.

No more than two (2) adult lodgers may occupy a bedroom in any dwelling unit (exclusive of children under the age of twelve (12));

e.

Adequate off-street parking for short-term rental occupants shall be provided on the short-term rental property unless this requirement is otherwise waived by the zoning administrator;

f.

The dwelling to be rented meets the building and health code requirements for such use as may be determined by city building and health enforcement officials;

g.

The dwelling shall be zoned and/or approved for a residential use;

h.

The owner or its designated overseer shall be available to the renter at all times ("24/7") for the purpose of attending to any inquiry, complaint, or maintenance issue that may arise during the renter's short-term occupancy of the dwelling;

i.

The owner or its designated overseer shall provide full cleaning services, linens, towels, and bathroom accessories to short-term rental occupants;

j.

The owner shall be a full-time resident of the property and shall reside in the primary residential dwelling when the property is not otherwise occupied, either in whole or in part, by the short-term occupant; and

k.

Other requirements as may be adopted by the city as a condition of approval and operation of short-term occupancy.

3.

The implementation and enforcement of this section is subject to the city's establishment and adoption of:

a.

Any additional code requirements for a short-term dwelling outside the scope of this ordinance;

b.

A system of registry for short-term occupancy providers; and

c.

A system of administration, oversight, inspections, and penalties for violations. Upon the adoption of such code, registry and administrative requirements, other provisions of the Virginia enabling statute governing short-term rentals may be incorporated by separate action by the city council where deemed appropriate.

4.

The city may, but shall not be required to, adopt a fee structure for such registration related to the actual costs of establishing and maintaining the registry and other administrative overheads. The imposition of such fee structure shall be subject to its adoption by the city council.

5.

Upon adoption of a short-term registry and fee structure, if required, by the city, the owner of a short-term rental property shall be required to register and obtain any necessary permits for short-term occupancy within ninety (90) days of first occupancy by a short-term renter or first advertisement of the property, whichever comes first.

6.

Nothing in this section shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants, the provisions of condominium instruments of a condominium created pursuant to the Condominium Act (Code of Virginia § 55-79.39 et seq.), the declaration of a common interest community as defined in Code of Virginia § 55-528, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (Code of Virginia § 55-424 et seq.), or any declaration of a property owners' association created pursuant to the Property Owners' Association Act (Code of Virginia § 55-508 et seq.).