SUMMARY TABLE OF CONTENTS

Transcription

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2 SUMMARY TABLE OF CONTENTS Article 72-1: General Provisions Title Authority General Purpose and Intent Applicability and Jurisdiction Procedures Manual Relationship with Other Laws Transitional Provisions Abbreviations Article 72-2: Administration Administrative, Advisory, and Decision-Making Authorities Standard Application Procedures Land Use Applications Design Review Administrative Decisions Subdivision Plats Site Plans Performance Guarantees Article 72-3: Zoning Districts Official Zoning Map Residential Zoning Districts Nonresidential & Mixed-Use Zoning Districts Planned Development Districts Overlay Zoning Districts

3 Article 72-4: Use Standards Use Table Principle Use Standards Accessory Use Standards Temporary Use Standards Article 72-5: Development Standards General Standards Density & Layout Access Parking Utilities Landscaping Fences and Walls Refuse Collection Areas Exterior Lighting Signage Article 72-6: Nonconformities Purpose and Intent Nonconformities, Generally Nonconforming Uses Nonconforming Structures Nonconforming Signs Nonconforming Lots Nonconforming Site Conditions Article 72-7: Enforcement General Provisions Inspection Warrant

4 72-72 Notice of Zoning Violation Criminal Penalties Civil Penalties For Certain Zoning Infractions Civil Remedy or Relief Remedies Cumulative Article 72-8: Definitions and Interpretations General Rules for Interpretation Terms Rules of Measurement Use Classifications, Categories, and Use Types Definitions

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6 Article 72-1: General Provisions

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8 ARTICLE 72-1: GENERAL PROVISIONS Title Authority General Authority References to Code of Virginia General Purpose and Intent Applicability and Jurisdiction General Applicability Application to Governmental Units No Development until Compliance with this Ordinance Certified Copy of this Ordinance to be on File Procedures Manual Relationship with Other Laws Conflicts with other City Codes Conflicts with Private Agreements Conflicts with State or Federal Law Vested Rights Not Impaired Condominiums Transitional Provisions Effective Date Violations Continue Complete Applications Nonconformities Abbreviations

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10 Article 72-1: General Provisions TITLE This chapter of the Code of Ordinances for the City of Fredericksburg shall be officially known as "The City of Fredericksburg, Virginia, Unified Development Ordinance" and may be referred to as "the Unified Development Ordinance" or "this Ordinance" or the UDO AUTHORITY General Authority This Ordinance establishes the City s planning, subdivision, and zoning regulations as authorized by Title 15.2, Chapter 22 of the Code of Virginia References to Code of Virginia Whenever any provision of this Ordinance refers to or cites provisions of the Code of Virginia, or state regulations, and the provisions of that section are later amended or superseded, this Ordinance shall be deemed amended to refer to the amended provisions or to the section containing provisions that most nearly correspond to those of the superseded section GENERAL PURPOSE AND INTENT The City Council has adopted this Ordinance to promote the health, safety, convenience, and general welfare of the public, to plan for the future development of the community, and to accomplish the objectives of the Code of Virginia and the City of Fredericksburg Comprehensive Plan. This Ordinance is adopted in accordance with the following purpose and intent statements: A. To provide for adequate light, air, convenience of access, and safety from fire, flood, impounding structure failure, crime, and other dangers; B. To reduce or prevent congestion in the public streets; C. To facilitate the creation of a convenient, attractive, and harmonious community; D. To facilitate the provision of adequate police and fire protection, disaster evacuation, civil defense, transportation, water, sewerage, flood protection, schools, parks, forests, playgrounds, recreational facilities, and other public requirements; E. To protect against destruction of or encroachment upon historic areas; 1-1

11 Section Applicability and Jurisdiction Sub-section General Applicability F. To protect against overcrowding of land, undue density of population in relation to community facilities existing or available, obstruction of light and air, danger and congestion in travel and transportation, or loss of life, health, or property from fire, flood, impounding structure failure, panic, or other dangers; G. To encourage economic development activities that provide desirable employment, including high wage jobs, and enlarge the tax base; H. To provide for the preservation of lands of significance for the protection of the natural environment and to establish reasonable provisions to protect surface water and groundwater; I. To promote the creation and preservation of affordable housing suitable for meeting the current and future needs of the City, as well as a reasonable proportion of the current and future needs of the planning district within which the locality is situated; J. To implement the Fredericksburg Comprehensive Plan and any special area plans adopted by the City; K. To assure the orderly subdivision of land and its development. L. To implement the General Assembly s stated intention for localities to take action, through local regulations, to achieve the following ends: that transportation systems be carefully planned; that new community centers be developed with adequate highway, utility, health, educational and recreational facilities; that the needs of industry and business be recognized in future growth; that residential areas be provided with healthy surroundings for family life; and that the growth of the community be consonant with the efficient and economical use of public funds APPLICABILITY AND JURISDICTION General Applicability A. This Ordinance applies to the use and development of all land within the City of Fredericksburg, Virginia, including new territory which comes within the city limits by annexation, boundary adjustment, or otherwise, unless expressly exempted by a specific section or subsection of this Ordinance. B. Any territory coming into the territorial jurisdiction of the City, by annexation or otherwise shall be temporarily assigned a zoning district classification most like its previous zoning in terms of permitted uses, as determined by the Zoning Administrator, pending the orderly amendment of the Comprehensive Plan and zoning map by City Council Application to Governmental Units Except as stated herein, the provisions of this Ordinance shall not apply to: A. Use and development of land, buildings, and structures by the Commonwealth of Virginia; or B. Use and development of land, buildings, and structures by the government of the United States. 1-2

12 Section Procedures Manual Sub-section No Development until Compliance with this Ordinance No Development until Compliance with this Ordinance A. No land, building or structure shall be subdivided, used, developed, constructed, improved, or altered unless such actions or activities are in compliance with the provisions of this Ordinance and with all other applicable city, state, and federal laws and regulations. B. All departments, officials, and public employees of the City who are vested with the authority to issue permits, approvals, decisions, determinations, or licenses shall exercise such authority only in conformity with the applicable provisions of this Ordinance. Except as otherwise provided by state law, an approval, decision, determination or license approved, issued or rendered in conflict with any provision(s) of this Ordinance, shall be null and void Certified Copy of this Ordinance to be on File A certified copy of this Ordinance, and any and all amendments hereto, shall be maintained in the office of the Zoning Administrator and shall be filed in the Clerk s Office of the Circuit Court for the City of Fredericksburg PROCEDURES MANUAL A. Contents Subject to the approval of City Council, the Zoning Administrator and Development Administrator shall develop and publish a single coordinated and integrated supplemental Procedures Manual. All revisions to the Procedures Manual shall be approved by City Council with a recommendation from the Technical Review Committee, as identified in the Manual. The Manual shall set forth the details for the following requirements: 1. Submission of materials for pre-application conferences; 2. Scheduling, participation, and conduct of pre-application conferences; 3. Required content and format of applications; 4. Minimum required numbers of copies of applications; 5. Subdivision plat, site plan, and general development plan content requirements; 6. Application deadlines; and 7. Other procedures, requirements, specifications and practices deemed advisable or necessary for the effective and efficient administration of this Ordinance. B. Consistent with Code of Virginia Requirements The requirements of the Procedures Manual shall be consistent with the applicable requirements of the Code of Virginia and federal and state regulations. C. Does Not Override UDO In the event of a conflict between the requirements of the Procedures Manual and any provision(s) of this Ordinance, the provision(s) of this Ordinance shall govern. 1-3

13 72-15 RELATIONSHIP WITH OTHER LAWS Section Relationship with Other Laws Sub-section Conflicts with other City Codes Conflicts with other City Codes If a provision of this Ordinance is inconsistent with another provision of this Ordinance, 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 Conflicts with Private Agreements A. The City shall not be responsible for monitoring or enforcing private easements, covenants, and restrictions, although the City may inquire as to whether land is subject to easements, covenants, and restrictions during the review of development applications. B. Notwithstanding conflicting provision(s) within any private easement, covenants or restrictions, the regulations and requirements set forth within this Ordinance shall govern the use, development and subdivision of buildings, structures and land Conflicts with State or Federal Law In the event of a conflict between any provision(s) of this Ordinance 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 Vested Rights Not Impaired Nothing in this Ordinance shall be construed to repeal or impair any vested right that was lawfully established prior to October 8, Condominiums Any condominium development under the condominium laws of the state shall be subject to the provisions of this Ordinance, 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 Section (C), and except as provided within subsection 3, 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 Ordinance, 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. 1-4

14 Section Transitional Provisions Sub-section Effective Date TRANSITIONAL PROVISIONS Effective Date This Ordinance shall become effective on October 8, 2013, and repeals and replaces: A. The Zoning Ordinance of Fredericksburg, Virginia, as originally adopted on April 24, 1984, as previously set forth within Chapter 78, Article III, of the Fredericksburg City Code. B. The Subdivision Ordinance of Fredericksburg, Virginia, as originally adopted on April 24, 1984, as previously set forth within Chapter 78, Article IV, of the Fredericksburg City Code Violations Continue Any building, structure, use, lot, land, or development that did not comply with the requirements of the City s Zoning Ordinance or Subdivision Ordinance prior to October 8, 2013, except to the extent that it complies with the express terms of this Ordinance, shall be unlawful and the non-compliance shall be deemed a continuing violation under this Ordinance Complete Applications A. Any application submitted and accepted as complete before October 8, 2013, but still awaiting final action as of that date, shall be reviewed and decided in accordance with the regulations in effect when the application was accepted. To the extent such an application is approved and proposes development that does not comply with this Ordinance, the subsequent development, although permitted, shall be lawfully nonconforming and subject to the provisions of Article 72-6: Nonconformities. B. Applications submitted and accepted as complete before October 8, 2013 shall be processed in compliance with any time frames for review, approval, and completion as established in the regulations in effect at the time of application acceptance. If the applicant fails to comply with the required filing, submission, or revision time frames, his application shall expire and future applications shall be subject to the requirements of this Ordinance. C. An applicant with a pending application accepted before October 8, 2013 may choose to have the proposed development reviewed and decided under the standards of this Ordinance by submitting a formal request, in writing, to the Zoning Administrator and ensuring the application complies with the standards in Section 72-21, Standard Application Procedures Nonconformities If any use, building, structure, lot, sign, or other site feature lawfully existed on October 8, 2013, but does not fully comply with the standards of this Ordinance, then that use, building, structure, lot, sign or site feature shall be considered nonconforming under this Ordinance and shall be governed by the provisions of Article 72-6: Nonconformities. 1-5

15 72-17 ABBREVIATIONS Table 72-17, Abbreviations, sets out the abbreviations used in this Ordinance. TABLE 72-17: ABBREVIATIONS Section Abbreviations Sub-section Nonconformities ABBREVIATION P ACI ANSI ARB BZA CBPO COA DBH DU FAR FPO GCO HFD MH PD-C PD-MC PD-MU PD-R R ROW RSO S SF SUP UDO ASSOCIATED TERM Allowed by right (Permitted) Aggregate caliper inches American National Standards Institute Architectural Review Board Board of Zoning Appeals Chesapeake Bay preservation overlay district Certificate of appropriateness Diameter at breast height Dwelling unit Floor area ratio Floodplain overlay district Gateway corridor overlay district Historic Fredericksburg District Mobile home Planned development commercial district Planned development medical center district Planned development mixed-use Planned development residential Residential Right-of-way Railroad station overlay district Special use permit required Square feet Special use permit Unified development ordinance 1-6

16 Article 72-2: Administration

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18 ARTICLE 72-2: ADMINISTRATION Administrative, Advisory, and Decision-Making Authorities Planning Commission Board of Zoning Appeals Architectural Review Board Zoning Administrator Development Administrator Erosion and Sediment Control Program and Virginia Stormwater Management Program Administrator Standard Application Procedures Purpose and Applicability Pre-Application Conference Application Materials Application Content Application Fees Acceptance of Complete Application Development Review Structure Land Use Applications General Procedures The Comprehensive Plan UDO Text Amendments Official Zoning Map Amendments/Conditional Zoning Official Zoning Map Amendments/Planned Development Districts Special Use Permits Special Exceptions Variances, Administrative Appeals, and Zoning Map Interpretations Design Review Historic District-Certificates of Appropriateness Corridor Design Review Administrative Decisions Zoning Permit Administrative Modifications Minor Expansions of Nonconforming Uses

19 Change of Nonconforming Use General Process Review Timing Appeals Subdivision Plats Administration Improvements Exceptions to Subdivision and Site Plan Regulations Period of Validity of Final Plats and Site Plans; Vacations Site Plans Commercial Development Plans Residential Lot Grading Plan Performance Guarantees

20 Article 72-2: Administration ADMINISTRATIVE, ADVISORY, AND DECISION-MAKING AUTHORITIES Planning Commission There shall be a Planning Commission for the City. Such body shall have the duties set forth in Chapter 10, Article II, Division 15 of the City Code, and within Code of Virginia Title 15, Chapter 22. The Planning Commission is authorized to make decisions within the Development Review Structure, as set forth within Table of this Ordinance Board of Zoning Appeals There shall be a Board of Zoning Appeals for the City. Such body shall have the duties set forth in Chapter 10, Article II, Division 14 of the City Code, and within Code of Virginia Title 15, Chapter 22. The Board of Zoning Appeals is authorized to make decisions within the Development Review Structure, as set forth within Table of this Ordinance Architectural Review Board There shall be an Architectural Review Board for the City. Such body shall have the duties as set forth in Chapter 10, Article II, Division 2 of the City Code and within Code of Virginia Title 15, Chapter 22. The Architectural Review Board is authorized to make decisions within the Development Review Structure, as set forth within Table of this Ordinance Zoning Administrator A. Established The officer assigned to perform the duties of Zoning Administrator shall be designated by the City Manager, and this officer may also hold another office. The City Manager may, consistent with Code of Virginia Section , authorize the Zoning Administrator to employ one or more deputies and assistants to aid in carrying out his/her powers and duties. B. Authority The Zoning Administrator and his/her deputies shall have all necessary authority on behalf of the City to administer and enforce the zoning provisions of this Ordinance, in accordance Code of Virginia Section His or her authority shall include: 1. Ordering in writing the remedying of any condition found in violation of the Ordinance; 2-1

21 Section Administrative, Advisory, and Decision-Making Authorities Sub-section Development Administrator 2. Insuring compliance with the Ordinance, bringing legal action, including injunction, abatement, or other appropriate action or proceeding subject to appeal pursuant to Code of Virginia Section ; and 3. In specific cases, making findings of fact and, with concurrence of the City Attorney, conclusions of law regarding determinations of rights accruing under Code of Virginia Section or subsection C of Section C. Inspection The Zoning Administrator is authorized to inspect facilities required to be installed under this Ordinance. D. Approval Authority The Zoning Administrator is authorized to make decisions within the development review structure, or set forth within Table of this Ordinance Development Administrator A. Established The officer assigned to perform the duties of Development Administrator shall be designated by the City Manager, and this officer may also hold another office. The City Manager may, consistent with Code of Virginia Section , authorize the Development Administrator to employ one or more deputies and assistants to aid in carrying out his/her powers and duties. B. Authority The Development Administrator shall perform the duties of subdivision agent and shall also be designated to serve as the City s agent for approval of site plans. C. Inspection The Development Administrator is authorized to inspect facilities required to be installed by this Ordinance. D. Approval Authority The Development Administrator is authorized to make decisions within the development review structure, as set forth within Table Erosion and Sediment Control Program and Virginia Stormwater Management Program Administrator A. Established The City Manager shall appoint a Stormwater Administrator for approval of erosion and sediment control and stormwater management plans, and this officer may also hold one or more other City offices. The City Manager may authorize such officer to employ one or more deputies and assistants to aid in carrying out his/her powers and duties, consistent with Code of Virginia Section B. Authority The Stormwater Administrator shall have all necessary authority on behalf of the City, for administration and enforcement of the City s Erosion and Sediment Control, pursuant to the Code of Virginia, Sections :24, et seq and Stormwater Management Programs, pursuant to Code of Virginia, Sections :51, et seq. 2-2

22 Section Standard Application Procedures Sub-section Purpose and Applicability STANDARD APPLICATION PROCEDURES Purpose and Applicability A. This section sets forth the review and approval procedures that apply generally to applications required or authorized in this Ordinance. B. The specific procedures followed in reviewing various applications for development approval differ. Reference shall be made to the appropriate section in this Ordinance which addresses the procedures and requirements of a particular application. Generally, the procedures for all applications have three common elements: (1) submittal of a complete application, including required fee payment along with appropriate information; (2) review of the submittal by appropriate staff, agencies and boards; and (3) action to approve, approve with conditions, or deny the application. Submittal dates are established in the Procedures Manual for each type of specific application Pre-Application Conference A. Purpose A pre-application conference provides an applicant with information on the applicable provisions of this Ordinance. The conference also informs the applicant about the preparation of the application and allows an informal discussion of the application and the review process. The conference also familiarizes City staff with the characteristics of a property and its proposed use or development. B. Mandatory Except for applications initiated by City staff, the Planning Commission, or the City Council, the pre-application conference between the applicant and the City staff shall be mandatory before submission of the following types of applications: 1. Zoning map amendments (with or without proffers); 2. Special use permits; 3. Special exceptions; 4. Subdivisions (preliminary plats); 5. Site plans; and 6. Changes of use, unless exempted by the Zoning Administrator and/or the Building Official. C. Optional A pre-application conference is optional for any application other than those listed above, if desired by the applicant. D. Non-binding The pre-application conference is intended to facilitate the application process. Discussions held within or in relation to a pre-application conference, and comments or information provided by any member(s) of the Preliminary Plan Committee, are not binding on the City and shall not constitute any official action or decision of the City or its officers, agents or employees. Persons seeking official determinations or decisions from the City are required to officially submit an application in accordance with applicable provisions of this Ordinance Application Materials Forms required for or in connection with applications to be made under this Ordinance are available in, and shall be filed with the offices of the Zoning Administrator, the Development Administrator, or the Stormwater Administrator. 2-3

23 Section Standard Application Procedures Sub-section Application Content Application Content A. The receiving administrator shall establish the requirements for the content and form for each type of application reviewed under this Ordinance, and amend and update these requirements as necessary to ensure effective and efficient review. These materials shall be placed in the Procedures Manual. B. The applicant bears the burden of ensuring that an application contains sufficient information to demonstrate compliance with all applicable standards Application Fees The City Council shall adopt an ordinance to establish application fees, and may amend and update those fees from time to time, in accordance with Code of Virginia Section Acceptance of Complete Application A. On receiving an application, the receiving administrator shall, within a reasonable period of time, determine whether the application is complete. A complete application is one that: 1. Contains all information and materials established in this Ordinance or specified in the Procedures Manual as required for submittal; 2. Is in the form established by the receiving administrator as required for submittal of the particular type of application; 3. Includes information in sufficient detail to evaluate the application to determine whether it complies with the appropriate review standards of this Ordinance; 4. Is accompanied by the fee established for the particular type of application; and 5. With a zoning map amendment, special exception, special use permit, variance, or other land disturbing permit application, including erosion and sediment control permits, the applicant shall provide satisfactory evidence that any delinquent real estate taxes, nuisance charges, stormwater management utility fees, and any other charges that constitute a lien on the subject property, that are owed to the locality and have been properly assessed against the subject property, have been paid. B. On determining that the application is incomplete, the receiving administrator shall notify the applicant in writing of the submittal deficiencies. The applicant may correct the deficiencies and resubmit the application for completeness determination. C. On determining that the application is complete, the receiving administrator shall accept the application as being officially submitted and shall schedule the application for review and action in accordance with the procedures and standards of this Ordinance. Any application requiring a review and recommendation by the Planning Commission shall be deemed referred to the Commission as of the date of official submission Development Review Structure Table , Development Review Structure, summarizes the roles of the advisory and decision-making bodies that participate in the process of review and approval of applications required or authorized by this Ordinance. 2-4

24 ZONING ADMINISTRATOR DEVELOPMENT ADMINISTRATOR Section Standard Application Procedures Sub-section Development Review Structure TABLE : DEVELOPMENT REVIEW STRUCTURE D = Decision R = Review/Recommendation A = Appeal < > = Public Hearing SPECIFIC REVIEW PROCEDURE CITY COUNCIL PLANNING COMMISSION BOARD OF ZONING APPEALS ARCHITECTURAL REVIEW BOARD ADMINISTRATIVE DECISION - ZONING Administrative Modification <A> D D Change of Nonconforming Use <A> D Fence Permit <A> D Home Occupation Permit <A> D Interpretation [1] <A> D D Sign Permit <A> D Temporary Use Permit <A> D Zoning Permit <A> D Zoning Verification OTHER PROCEDURES Certificate of Appropriateness A <D> R Certification of Public Facilities <A> <D> R Comprehensive Plan Amendment <D> <R> R Corridor Overlay Review [2] A D R D Site Plan, Major and Minor [3] R D Special Exception <D> <R> R Special Use Permit [4] <D> <R> R R Text Amendment <D> <R> R Zoning Map Amendment [4] <D> <R> R R Conditional Zoning <D> <R> R R Planned Development [4] <D> <R> R R Variance <D> R SUBDIVISIONS Preliminary Plat for Major Sub d <D> <R> R R Construction Plan R D Final Plat for Major Subdivision R D Minor Subdivision R D Residential Lot Grading Plan R D Re-subdivision R D Subdivision Exception, Major <D> R R Subdivision Exception, Minor R D NOTES: [1] Aspects of this UDO related to subdivisions and site plans shall be interpreted by the Development Administrator. All other aspects of the UDO are interpreted by the Zoning Administrator. [2] The Architectural Review Board shall render decisions for properties located within the HFD. [3] Appeal of site plan decisions is directly to Circuit Court. [4] The Architectural Review Board may be requested to make a recommendation by the City Council or Planning Commission for applications associated with land in the HFD overlay district. D 2-5

25 Section Land Use Applications Sub-section General Procedures LAND USE APPLICATIONS General Procedures A. Purpose and Applicability The purpose of this section is to provide uniform procedures for any application which requires a public hearing and recommendation by the Planning Commission, and a public hearing and decision by the City Council, see Table B. Initiation 1. Amendments to the Comprehensive Plan may be initiated by: a. The City Council by resolution; or b. The Planning Commission by motion. 2. Amendments to the zoning map, including rezoning, conditional rezoning, and planned rezoning may be initiated by: a. The City Council by resolution; b. The Planning Commission by motion; or c. An owner or contract purchaser of a property that is the subject of a proposed zoning map amendment. 3. Amendments to the UDO text may be initiated by: a. The City Council by resolution; or b. The Planning Commission by motion. 4. A special use permit or special exception may be initiated by application of the owner or contract purchaser of the property that is the subject of the proposed special use permit or special exception. 5. Whenever the City Council or the Planning Commission initiate an amendment, either to the official map or the ordinance text, the public purposes for such an amendment shall be clearly stated. C. Concurrent Applications A map amendment application may be accompanied by an application for a special use permit or special exception, and such dual applications may be processed and reviewed concurrently. Any application for a special use permit may be accompanied by an application for a special exception, and such dual applications may be processed and reviewed concurrently. D. Public Notice 1. Published and Written Notice A public hearing required by the Code of Virginia or by this Ordinance shall be held with notice given in accordance with Code of Virginia Section Written notice of an application initiated by a property owner or contract purchaser shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided to the Zoning Administrator at the public hearing. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. 2-6

26 Section Land Use Applications Sub-section General Procedures 2. Posted Notice The applicant shall post a sign provided by the Zoning Administrator on each parcel of land involved in an application for zoning map amendment (when 25 or fewer parcels are affected), special use, or special exception. Posted notice shall be erected at least five (5) days prior to the date of the scheduled public hearing(s). 3. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. E. Planning Commission Review and Recommendation 1. The provisions of this subsection shall apply to every application on which the Planning Commission is required to make a study and recommendation. 2. Prior to making any recommendation to the City Council on an application subject to the requirements of Code of Virginia Section , the Planning Commission shall advertise and hold at least one public hearing pursuant to public notice, as required by Code of Virginia Section The Planning Commission shall consider applicable provisions of the Comprehensive Plan, as well as factors, criteria and standards set forth within Code of Virginia Title 15.2, Chapter 2 and this Ordinance. 4. The Planning Commission shall review an application and shall report its findings and recommendations to the City Council, along with any appropriate explanatory material. a. The Commission s findings and recommendations for a proposed UDO text amendment, or a proposed zoning map amendment, shall be transmitted to City Council within 100 days after the first Planning Commission meeting after the application is referred to the Commission; b. Failure of the Commission to report to the City Council within the time frame set forth above shall be deemed a recommendation of approval, unless the application has been withdrawn by the applicant prior to the expiration of the time period. 5. Any recommendation of the Commission shall be deemed advisory, and shall not be binding on the City. F. City Council Study and Action 1. Before acting on any application subject to the requirements of Code of Virginia Section , the City Council shall advertise and hold at least one public hearing. The City Council may hold a joint public hearing with the Planning Commission. After holding this hearing and receiving the recommendation of the Planning Commission, the City Council may make appropriate changes or corrections to the proposed amendment. However, no land may be zoned to a more intensive use classification than was contained in the public notice without an additional public hearing after notice as required by Sections and The City Clerk shall transmit to the Zoning Administrator official notice of any City Council action modifying this Ordinance. The Zoning Administrator shall thereafter have the responsibility to make any necessary and appropriate changes to the zoning map. 2-7

27 Section Land Use Applications Sub-section The Comprehensive Plan 3. Failure by the City Council to take action shall be considered a denial of a request. All applications for amendments to the zoning map shall be heard and a decision made by the City Council within 12 months from the date of the Zoning Administrator s acceptance of a complete application unless the applicant and City Council agree to an extended period of time. G. Withdrawal of Application An applicant may withdraw an application by submitting a statement to that effect in writing to the Zoning Administrator or Development Administrator as appropriate. In the event of and upon such withdrawal, processing of the application shall cease without further action. H. Appeals Every action appealing a decision of the City Council adopting or failing to adopt a proposed zoning ordinance or amendment thereto, or granting or failing to grant a special use permit shall be filed within 30 days of the decision with the Fredericksburg Circuit Court pursuant to Code of Virginia Section (F). I. Subsequent Applications 1. Once an application for a zoning map amendment, special use permit, special exception, variance, a certificate of appropriateness, or administrative modification has been officially submitted, substantially the same petition will not be accepted for reconsideration within a period of one year. 2. Following a denial of approval for a proposed site plan or subdivision plat, a land owner may modify, correct, and resubmit the site plan or subdivision plat for approval at any time. Each resubmission shall be processed as a discrete application, and shall be accompanied by the applicable fee(s) and required application materials The Comprehensive Plan A. Preparation 1. The Planning Commission shall prepare and recommend a comprehensive plan for the physical development of the City. 2. In the preparation of a Comprehensive Plan, the Planning Commission shall make careful and comprehensive surveys and studies of the existing conditions and trends of growth, and of the probable future requirements of its territory and inhabitants. The Comprehensive Plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants, including the elderly and persons with disabilities. 3. The Comprehensive Plan shall be general in nature, in that it shall designate the general or approximate location, character, and extent of each feature, including any road improvement and any transportation improvement, shown on the plan and shall indicate where existing lands or facilities are proposed to be extended, widened, removed, relocated, vacated, narrowed, abandoned, or changed in use as the case may be. 4. The preparation, scope, purpose, and implementation of the Comprehensive Plan shall comply with the applicable provisions of Code of Virginia Title 15.2, Chapter 22, Article

28 Section Land Use Applications Sub-section The Comprehensive Plan 5. Prior to the recommendation of a Comprehensive Plan or any part thereof, the Planning Commission shall (i) post the plan or part thereof on the City s website, (ii) give public notice and (iii) hold a public hearing on the plan, all in compliance with the requirements of Code of Virginia Section Upon approval, the Planning Commission shall by resolution recommend the plan, or part thereof, to the governing body and a copy shall be certified to the governing body by the secretary of the Planning Commission, and the Planning Commission shall otherwise comply with the requirements of Code of Virginia Section Inadvertent failure to post information on a website in accordance with this section shall not invalidate action taken by the Planning Commission following notice and public hearing as required herein. B. Adoption or Disapproval 1. After certification of the plan or part thereof, the City Council shall post the Comprehensive Plan on the City s website, hold at least one public hearing pursuant to public notice, and proceed to a consideration of the plan or part thereof, all in accordance with Code of Virginia Section The City Council shall act within 90 days of the Planning Commission s recommending resolution. 3. The City Council may approve and adopt, amend and adopt, or disapprove the plan. 4. Any comprehensive plan or part thereof adopted by the City Council shall be posted on the City s website. 5. Inadvertent failure to post information on the City s website shall not invalidate action taken by the City Council following notice and public hearing as required herein. C. Periodic Review At least once every five years, the Comprehensive Plan shall be reviewed by the Planning Commission to determine whether it is advisable that the plan be amended. D. Amendments After the adoption of a Comprehensive Plan, all amendments to it shall be recommended, and approved and adopted, respectively, as provided by Code of Virginia, Section E. Legal Status and Certification of Public Facilities 1. The legal status of the Comprehensive Plan shall be as provided in Code of Virginia Section No public facility referenced in Code of Virginia Section (A) shall be constructed, established or authorized, unless and until the general location or approximate location, character and extent thereof has been submitted to and approved by the Planning Commission as being substantially in accord with the adopted Comprehensive Plan or part thereof. Prior to consideration of any such application, the Planning Commission shall hold a public hearing. a. The Planning Commission shall act on any such application within 60 days of the date the application is officially submitted. 2-9

29 Section Land Use Applications Sub-section UDO Text Amendments b. The Commission shall act on an application for certification of a telecommunications facility submitted as required by the Code of Virginia Section , within 90 days of the date the application is officially submitted, unless City Council has authorized an extension of not more than 60 days. c. The Planning Commission shall communicate its findings to the City Council, indicating its approval or disapproval with written reasons therefore. 3. The owner or owners or their agents may appeal the decision of the Planning Commission to the City Council within ten days after the decision of the Planning Commission. The appeal shall be by written petition to the City Council setting forth the reasons for the appeal. The City Council shall hear and determine the appeal within 60 days from its filing. A majority vote of the City Council shall overrule the Planning Commission UDO Text Amendments Text amendments to this ordinance shall proceed through the standard public hearing process set forth in Section , General Procedures Official Zoning Map Amendments/Conditional Zoning A. Purpose and Applicability 1. Requests for reclassification of the zoning for specific property, also referred to in this Ordinance as zoning map amendments, constitute amendments of the City s zoning regulations, and therefore such applications shall proceed through the standard public hearing process set forth in Section , and in accordance with the requirements of Code of Virginia Sections and (A)(7). 2. Pursuant to the authority granted within Code of Virginia Sections and and the provisions of this Ordinance, the City Council may approve an application for an amendment of the zoning classification of any property, subject to reasonable conditions proffered by the applicant for the protection of the community, which conditions are not generally applicable to land similarly zoned. 3. It is the purpose of this section to implement the general state policy articulated with the Code of Virginia Section , and thereby to provide a flexible and adaptable zoning method to accommodate differing land uses through a mechanism for addressing and reconciling conflicts between competing or incompatible land uses. Frequently, traditional zoning methods and procedures are inadequate to address such conflicts. 4. City Council may consider and act upon conditions proffered as part of an application for approval of an amendment of the zoning classification of any property, in accordance with the standards and criteria set forth within Code of Virginia Section City Council may accept or reject any or all of the conditions set forth within a statement of proffered conditions. 6. Applications for zoning amendments to establish a planned zoning district on specific property are a subcategory of conditional zoning, and shall be considered under this section, as supplemented by the additional procedures set forth below in Section

30 Section Land Use Applications Sub-section Official Zoning Map Amendments/Conditional Zoning B. Process 1. Applications for Zoning Map Amendments shall be made to the Zoning Administrator. 2. Submittal requirements for conditional zoning are contained in the UDO Procedures Manual. 3. No application for approval of conditional zoning shall be deemed officially submitted until proffers are submitted in writing. 4. All written statements of proffered conditions shall be prepared and submitted in accordance with the City s UDO Procedures Manual. Each statement of proffered conditions shall be signed and dated by the owner at the time of submission. C. Review Timing 1. Planning Commission Review and Report Failure of the Planning Commission to report within 100 days of the first meeting of the Planning Commission after the application has been accepted and referred to the Planning Commission by the Zoning Administrator shall be deemed approved, unless the application has been withdrawn by the applicant prior to the expiration of the time period. 2. City Council Review and Decision a. Upon receipt of the report and recommendation of the Planning Commission, the City Council shall hold at least one public hearing in accordance with the Code of Virginia and shall take final action on such application within 100 days from the date of action by the Planning Commission. b. In the event that the application has been substantially modified or that additional conditions have been offered by the applicant after the Planning Commission has made its recommendation, the City Council may request that the Planning Commission hold another public hearing to consider the amended application. In such case, the time periods for Planning Commission and City Council action set forth in this section shall apply in the same manner as to the original application. D. Changes to Proffers While Application is Pending 1. Proffers may be amended during the process of application review by the Planning Commission and City Council. Once a public hearing has begun, amended proffers may be accepted for review and consideration as part of an application, if the amendment(s) do not materially affect the overall proposal. 2. Once a public hearing has begun, if amended proffers materially affect the overall proposal, then: a. Prior to making its recommendation to City Council on the conditional zoning application with the amended proffers, the Planning Commission shall require an additional public hearing on the amended proffers, following notice and advertisement; or b. Prior to considering the conditional zoning application with the amended proffers, City Council shall refer the application back to the Planning Commission for a new public hearing on the amended proffers, following notice and advertisement; or 2-11

31 Section Land Use Applications Sub-section Official Zoning Map Amendments/Conditional Zoning c. Unless an application is withdrawn by the applicant, the Planning Commission or City Council may choose to proceed with its review and consideration of the application, based on the version of the proffer statement that had been received in connection with the application prior to the commencement of the public hearing. 3. The applicant shall reimburse the City for all costs of any additional public hearings necessitated by amended proffers submitted after a public hearing has begun. E. Effect of Accepted Proffers 1. Once proffered and accepted by the City Council as part of an amendment to its zoning regulations, proffered conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised body of zoning regulations. 2. Following acceptance of proffered conditions by the City Council, such conditions shall become zoning regulations applicable to the subject property, in addition to the zoning regulations set forth within this UDO. Thereafter, the use and development of the subject property shall be in conformance with the proffered conditions, and other applicable zoning regulations. F. Recordation of Notice of Conditional Zoning Within 30 days after City Council approval of proffered conditions, the applicant shall cause a notice of conditional zoning to be recorded among the land records of the Circuit Court of the City, in a form approved by the City Attorney, indicating that such proffered conditions shall run with the rezoned property and shall remain in effect until the City Council amends the zoning on the property or otherwise modifies the conditions. A copy of the recorded notice shall be provided to the Zoning Administrator. G. Administrative Record of Conditions The zoning map shall show by an appropriate symbol on the map the existence of conditions attached to the zoning on the map. The Zoning Administrator shall keep and make available for public inspection a conditional zoning index. The index shall provide ready access to the ordinance creating the conditions in addition to the regulations provided for in a particular zoning district or zone, and the Zoning Administrator shall otherwise maintain the index in accordance with the requirements of Code of Virginia Section H. Amendments and Variations of Conditions The owner of any property subject to conditions proffered and accepted by City Council in connection with a zoning reclassification may apply to City Council for amendments to or modifications of such conditions, subject to the provisions of Code of Virginia Section Any such application shall be submitted and processed as a new application, subject to the same submission requirements and approval process as the original application. 2-12

32 Section Land Use Applications Sub-section Official Zoning Map Amendments/Planned Development Districts I. Guarantee of Conditions The Development Administrator shall have the authority to require the owner to give a guarantee, satisfactory to City Council, in an amount sufficient for and conditioned upon the construction of any physical improvements required by the conditions, or a contract for the construction of such improvements and the contractor s guarantee. Such guarantee shall be reduced or released by the City Council upon the submission of satisfactory evidence that the construction of such improvements has been completed in whole or in part. J. Enforcement of Conditions 1. The Zoning Administrator shall be vested with all necessary authority on behalf of the City Council to administer and enforce conditions proffered and accepted by City Council as part of a zoning amendment, including: a. The ordering in writing of the remedy of any noncompliance with such conditions. b. The bringing of legal action to insure compliance with such conditions, including injunction, abatement, or other appropriate action or proceeding. c. Requiring a guarantee, as set forth within Section , above. 2. Failure of a property owner to meet all conditions attached to the zoning of his property shall constitute a zoning violation and cause to deny approval of any required use, occupancy, or building permit, as may be appropriate. K. Review of Condition Enforcement Decisions Any zoning applicant or any other person aggrieved by a decision of the Zoning Administrator made pursuant to the provisions of Section may petition the City Council for a review of the decision. All such petitions for review shall be filed with the Zoning Administrator and with the Clerk of Council within 30 days from the date of the decision for which review is sought. All such petitions shall specify the grounds upon which the petitioner is aggrieved. Appeals brought pursuant to this Subsection shall be governed by Code of Virginia Section Official Zoning Map Amendments/Planned Development Districts A. Purpose and Applicability 1. The provisions of this Section shall establish the requirements for review and approval of areas designated for mixed use or planned unit developments. Any application to rezone land to a planned development zoning district shall be considered in accordance with the procedure for an application for conditional zoning, as supplemented herein. Any such application shall be accompanied by a General Development Plan. Matters depicted and described on the General Development Plan, and any written materials submitted as part of such plan constitute proffered conditions. 2. The purpose of this section is to exercise the authority granted in Code of Virginia Sections , , , , (A)(8) and (A)(9), et seq., and other applicable provisions of Code of Virginia Title 15.2, Chapter

33 Section Land Use Applications Sub-section Official Zoning Map Amendments/Planned Development Districts B. Process To initiate a request for the rezoning of property to a planned development zoning district, an applicant shall complete a rezoning application, which shall be submitted to the Zoning Administrator. In addition to the submission requirements set forth within the UDO Procedures Manual, the application shall be accompanied by a proposed General Development Plan as described in the Procedures Manual. C. General Development Plan 1. The proposed General Development Plan, and any amendments thereto submitted during the process of reviewing the application, shall be reviewed using the same procedure set forth within this section Once accepted and approved as part of the approval of a zoning reclassification, the plan approved by City Council shall be referred to as the Final General Development Plan. 3. Once accepted and approved, the use and development of the subject property shall be in compliance with the requirements of Section of this Ordinance and with the contents of the Final General Development Plan. The zoning regulations applicable to the property, including, without limitation, the contents of the General Development Plan, shall be administered and enforced by the Zoning Administrator as set forth within Section and Sections et seq. of this Ordinance, as applicable. 4. The Final General Development Plan shall have the effect of, and shall be enforceable as, an approved preliminary subdivision plat. 5. Revisions to Final General Development Plan Any substantial changes to an approved Final General Development Plan must be submitted and approved in the same manner as the original plan, including, without limitation, each of the following: a. Any increase in the density of the development; b. Substantial change in circulation or access; c. Substantial change in the mixture of dwelling unit types included in the project; d. Substantial change in grading or utility provisions; e. Substantial change in the mixture of land uses or an increase in the amount of land devoted to commercial, office, or institutional purposes; f. Any reduction in the amount of approved open space, landscaping, or buffering; g. Substantial change in architectural or site design features of the development; and h. Any other change that the Administrator finds not to be in substantial conformity with the approved final general development plan. 6. The Zoning Administrator is hereby granted authority to approve a minor modification to an approved Final General Development Plan, upon a finding that such plan, as modified, will remain in substantial conformity with the original approved Final General Development plan. 7. Other changes to a Final General Development Plan may be approved as follows: a. The Zoning Administrator may grant a requested modification from any provision of Section 72-33, or of the final General Development Plan. 2-14

34 Section Land Use Applications Sub-section Special Use Permits Special Use Permits b. Special Exceptions may be granted by City Council, with respect to generally applicable regulations set forth within Section (Planned Development Districts), in accordance with Section (Special Exceptions) of this Ordinance. c. The Development Administrator may approve changes involving subdivision standards and requirements, in accordance with provisions of Article 72-5 of this Ordinance applicable to amendments of approved preliminary subdivision plats. A. Purpose and Applicability 1. The purpose of this section is to provide for certain uses which, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right, but which may, under the right set of circumstances and conditions be acceptable in certain specific locations. These uses are permitted only through the issuance of a Special Use Permit by the City Council after ensuring that the use can be appropriately accommodated on the specific property, will be in conformance with the Comprehensive Plan, can be constructed and operated in a manner which is compatible with the surrounding land uses and overall character of the community, and that the public interest and general welfare of the citizens of the City will be protected. 2. No inherent right exists to receive a Special Use Permit. Such permits are at the discretion of the City Council under a specific set of circumstances and conditions, and each application and situation is unique. Consequently, mere compliance with the generally applicable requirements may not be sufficient and additional measures or conditions, occasionally substantial, may be necessary to mitigate the impact of the proposed development. In other situations, no set of conditions would be sufficient to approve an application, even though the same request in another location would be approved. 3. Only those uses that are enumerated as special uses allowable in a zoning district, as set forth in the Use Table enumerated within Section of this Ordinance, may be authorized by City Council through the approval of a Special Use Permit. B. Process 1. Applications for Special Use Permits shall be made to the Zoning Administrator. 2. In addition to the submission requirements for a Special Use Permit as set forth in the UDO Procedures Manual, the application shall be accompanied by a proposed General Development Plan as described in the Procedures Manual. C. Review Timing 1. Planning Commission Review and Report The Planning Commission shall hold at least one public hearing, in accordance with the Code of Virginia, and make a report on recommendation to the City Council within 100 days of the first meeting of the Commission, after the application has been accepted and referred to the Commission by the Zoning Administrator. Failure of the Commission to make a report and 2-15

35 Section Land Use Applications Sub-section Special Use Permits recommendation within the specified time period shall be considered approval of the application, unless it has been withdrawn by the application prior to the expiration of the time period. 2. City Council Review and Decision a. Upon receipt of the report and recommendation of the Planning Commission, the City Council shall hold at least one public hearing in accordance with the Code of Virginia and shall take final action on such application within 100 days from the date of action by the Planning Commission. b. In the event that the application has been substantially modified or that additional conditions have been offered by the applicant after the Planning Commission has made its recommendation, the City Council may request that the Planning Commission hold another public hearing to consider the amended application. In such case, the time periods for Planning Commission and City Council action set forth in this section shall apply in the same manner as to the original application. D. Review Criteria 1. City Council may, by resolution, approve an application for a Special Use Permit, upon a determination that the proposed special use at the location specified within the application, will be: a. In harmony with the adopted Comprehensive Plan; b. In harmony with the purpose and intent of the zoning district regulations; and c. In harmony with the existing uses or planned uses of neighboring properties. 2. In considering an application for a Special Use Permit, City Council shall consider whether the proposed use will have any potentially adverse impact(s) on the surrounding neighborhood, or the community in general; and if so, whether there are any reasonable conditions of approval that would satisfactorily mitigate such impacts. Potential adverse impacts to be considered include, but are not limited to, the following: a. Traffic or parking congestion; b. Noise, lights, dust, odor, fumes, vibration, and other factors which adversely affect the natural environment; c. Discouragement of economic development activities that may provide desirable employment or enlarge the tax base; d. Undue density of population or intensity of use in relation to the community facilities existing or available; e. Reduction in the availability of affordable housing in the neighborhood; f. Impact on school population and facilities; g. Destruction of or encroachment upon conservation or historic districts; h. Conformity with federal, state and local laws, as demonstrated and certified by the applicant; and i. Massing and scale of the project. 2-16

36 Section Land Use Applications Sub-section Special Use Permits 3. As minimum standards for a proposed special use, and to mitigate the impact of a proposed use, the Planning Commission may recommend and City Council may impose reasonable conditions upon the use and development of the subject property, including, without limitation: a. Appropriate screening, buffer planting and landscaping. b. Enhanced utility, drainage, parking, sidewalk, loading and other on-site facility design requirements. c. Sign standards of a stricter nature than those which apply to the district in which the proposed use is located. d. Open space requirements of a stricter nature than those which apply to the district in which the proposed use is located. e. Participation in off-site pro rata improvements for reasonable and necessary sewerage and drainage facilities as provided for in this section. f. Other reasonable standards and criteria, as deemed necessary in the public interest to secure compliance with this Ordinance and the Comprehensive Plan by the City Council. 4. Conditions imposed in connection with residential Special Use Permits, wherein the applicant proposes affordable housing, shall be consistent with the objective of providing affordable housing. When imposing conditions on residential projects specifying materials and methods of construction or specific design features, the City Council shall consider the impact of the conditions upon the affordability of housing. E. Commencement of Use; Expiration; Renewal 1. Any use authorized by a Special Use Permit shall commence within two years of the date of approval of the Special Use Permit, as a condition of the Special Use Permit unless provided otherwise by the City Council. 2. The Planning Commission may recommend and the City Council may require, as a condition of a Special Use Permit, that it shall be approved for a specified period of time or that it may be periodically renewed by the City Council. Unless otherwise specified, a Special Use Permit shall be valid for an indefinite period of time. Any application seeking renewal or extension of a Special Use Permit shall be subject to the same procedures as are specified in this section for the original issuance of such permit. 3. An application seeking to extend or renew a Special Use Permit shall be filed in writing with the Zoning Administrator a minimum of 60 days prior to the expiration date of the permit, unless a lesser time is approved by the Zoning Administrator for good cause shown. The Zoning Administrator shall inspect the subject property, review the applicant s (or property owner s) record of compliance, and make a report to the Planning Commission on whether the Special Use Permit still satisfies the provisions of this section. When a timely application is filed, the Special Use Permit shall remain valid until the application for extension or renewal has been acted upon by the City Council. 4. Notwithstanding the foregoing, an approved Special Use Permit shall be and remain valid during extended time periods referenced within Code of Virginia Section , as may be applicable. 2-17

37 Section Land Use Applications Sub-section Special Exceptions F. Revocation; Additional Remedies 1. The City Council may revoke a Special Use Permit at any time, following a public hearing after notice as required by Code of Virginia Section , upon finding that the permittee has failed to comply with one or more terms of such permit or to comply with any other provision of this Ordinance. 2. Following the public hearing required by subsection 6a, above, City Council may revoke, suspend, or uphold the permit, but shall not modify the permit without a referral to the Planning Commission and public hearings as set forth within Section Nothing in this subsection shall preclude or limit the City from exercising any rights or remedies under Article 72-7 of this Ordinance, in addition to any revocation of a Special Use Permit Special Exceptions A. Purpose and Applicability This section shall govern the review and approval of applications for Special Exception. Except as otherwise specifically provided within this Ordinance, the City Council reserves unto itself, under suitable regulations and safeguards, the right to modify or grant exceptions to any of the general regulations within any zoning district, through the approval of a Special Exception. The purpose of a Special Exception is to provide needed elasticity and usefulness of the zoning regulations, in extraordinary or special circumstances. The granting of a Special Exception for a use not otherwise permitted by the zoning regulations may be appropriate for uses which are unique and unlikely of recurrence. The granting of a Special Exception from bulk regulations should only be considered in the context of a Special Use Permit, Special Exception (use) or Conditional Rezoning application. B. Process 1. Applications for Special Exceptions shall be made to the Zoning Administrator. 2. In addition to the submission requirements for a Special Exceptions set forth in the UDO Procedures Manual, the application shall be accompanied by a proposed General Development Plan as described in the Procedures Manual. C. Review Timing 1. Planning Commission Review and Report The Planning Commission shall hold at least one public hearing, in accordance with the Code of Virginia, and make a report and recommendation to the City Council within 100 days of the first meeting of the Commission after the application has been accepted and referred to the Commission by the Zoning Administrator. Failure of the Commission to make a report and recommendation within the specified time period shall be considered approval of the application unless it has been withdrawn by the applicant prior to the expiration of the time period. 2. City Council Review and Decision a. Upon receipt of the report and recommendation of the Planning Commission, the City Council shall hold at least one public hearing in accordance with the Code of Virginia and shall take final action on such application within 100 days from the date of action by the Planning Commission. 2-18

38 Section Land Use Applications Sub-section Variances, Administrative Appeals, and Zoning Map Interpretations b. In the event that the application has been substantially modified or that additional conditions have been offered by the applicant after the Planning Commission has made its recommendation, the City Council may request that the Planning Commission hold another public hearing to consider the amended application. In such case, the time periods for Planning Commission and City Council action set forth in this section shall apply in the same manner as to the original application. D. Review Criteria When the Planning Commission and City Council review, consider, and act upon an application for a Special Exception, they shall do so using the following criteria: 1. Whether the grant of the Special Exception is consistent with the City s Comprehensive Plan; 2. Whether the Special Exception is consistent with the goals, purposes and objectives of this Ordinance; 3. Whether there has been a sufficient period of time for investigation and community planning with respect to the application; 4. Whether the Special Exception is consistent with the principles of good zoning practice, including the purposes of the district in which the Special Exception would be located, existing and planned uses of surrounding land, and the characteristics of the property involved; 5. Whether the proposed use or aspect of the development requiring the Special Exception is special, extraordinary or unusual; and 6. Whether the proposed exception potentially results in any adverse impact(s) on the surrounding neighborhood, or the community in general; and if so, whether there are any reasonable conditions of approval that would satisfactorily mitigate such impacts. E. Conditions The City Council may approve an application for a Special Exception subject to reasonable conditions addressing matters set forth within Section Variances, Administrative Appeals, and Zoning Map Interpretations A. Purpose and Applicability This section sets forth the procedures for the Board of Zoning Appeals (BZA) to consider applications for variances, appeals of administrative actions, and interpretations as defined in Code of Virginia Section and B. Process 1. Applications for variances shall be made to the Zoning Administrator in accordance with rules adopted by the BZA pursuant to Code of Virginia Section A variance, appeal, or zoning map interpretation shall be authorized by the BZA after a public hearing, and shall be in compliance with the required findings and procedures set forth within Code of Virginia Section

39 Section Land Use Applications Sub-section Variances, Administrative Appeals, and Zoning Map Interpretations 3. Public Notice a. Published and Written Notice The public hearing shall be held with notice given in accordance with Code of Virginia Section Written notice shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided to the Zoning Administrator at the public hearing. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. Posted Notice The applicant or appealant shall post a sign provided by the Zoning Administrator on each parcel of land involved in a variance, an appeal from a decision of the Zoning Administrator, or a zoning map interpretation at least five (5) days prior to the date of the Board of Zoning Appeals hearing. c. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 4. Submittal requirements for a zoning variance are contained in the UDO Procedures Manual. C. Aspects That May Be Varied Only provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure may be the subject of a variance application, and only under such circumstances as are authorized within the definition of the term variance set forth within Code of Virginia Section D. Review Criteria The BZA may authorize a variance from the zoning regulations in this Ordinance as not contrary to the public interest, when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary hardship; provided that the spirit of the Ordinance shall be observed and substantial justice done. E. Treatment of Property as Conforming Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and this Ordinance. The structure permitted by the variance may not be expanded, however, unless the expansion is within an area of the site or part of the structure for which no variance is required under this Ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. F. Appeals Any person or persons jointly or severally aggrieved by an action of the BZA on a variance application, or any aggrieved taxpayer or any officer, department, board or bureau of the locality, may file with the Clerk of the Circuit Court for the City of Fredericksburg, a petition, specifying the grounds on which aggrieved within 30 days after the final decision of the Board, pursuant to Code of Virginia Section

40 Section Design Review Sub-section Historic District-Certificates of Appropriateness DESIGN REVIEW Historic District-Certificates of Appropriateness A. Purpose and Applicability This section sets forth the procedures for Architectural Review Board (ARB) consideration of applications for Certificates of Appropriateness in the Old and Historic Fredericksburg (HFD) Overlay Zoning District, pursuant to the authority conferred within Code of Virginia Section A Certificate of Appropriateness is required for new construction, alterations of existing structures, demolitions/removal/relocation of structures, or a sign in the HFD. B. Process 1. The ARB shall promptly review each application for a permit under this section. 2. An applicant for a Certificate of Appropriateness shall submit to the ARB materials sufficient for it to render a decision on the criteria herein set forth. The ARB staff is authorized to reject any application that does not include information, at a minimum, to permit the ARB to evaluate the application with respect to the foregoing factors. The ARB may require additional submissions from the applicant if necessary. On appeal, the City Council may consider additional submissions, or it may refer the additional information to the ARB for its consideration. 3. No Certificate of Appropriateness shall be approved until the ARB has held a public hearing. 4. Public Notice a. Published and Written Notice The public hearing required for all certificates of appropriateness shall be held with notice given in accordance with Code of Virginia Section Written notice for Certificate of Appropriateness applications for new construction shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided at the public hearing. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 5. Submittal requirements are contained in the UDO Procedures Manual. C. Review Timing 1. The ARB shall act to approve, approve with modification, or deny a request or application within 60 days of the official submission of the application. The ARB staff shall memorialize the ARB s decision in writing, stating clearly how the Board applied the relevant standards to the application. The written decision shall be rendered and sent to the applicant within 14 days from the date of the hearing. 2-21

41 Section Design Review Sub-section Historic District-Certificates of Appropriateness 2. A written decision of the ARB approving an application shall be deemed a Certificate of Appropriateness. A Certificate of Appropriateness does not constitute general zoning approval for any structure, but is contingent upon the owner obtaining any other zoning approval required. 3. A Certificate of Appropriateness issued under the provisions of this section shall expire one year after the date of such approval unless: a. A building or sign permit has been obtained and work begun; or b. An extension has been granted by the ARB, which shall not exceed six months. D. Review Criteria In reviewing applications, the ARB shall consider only those design features subject to view from the public right-of-way (not to include alleys) or city-owned property and shall not make any requirements except for the purpose of encouraging development that is architecturally compatible with the historic aspects of the HFD. 1. New Construction No building or structure shall be erected or reconstructed within the HFD, unless approved by the ARB as being architecturally compatible with the historic landmarks, buildings, structures and areas located therein. The ARB shall, in making its decisions, consider the characteristics of a proposed building or structure as they affect and relate to the district, including the following elements: a. Site Planning (continuity of street edge, spacing between buildings, fences and walls, parking); b. Building Scale (size, height, façade proportions); c. Building Massing (form, roof shape, orientation); d. Roof (shape, pitch, overhang, dormers, skylights, chimneys); e. Windows (type, shape and proportion, rhythm and balance, blinds/shutters); f. Doorways (placement and orientation, type); g. Storefronts (materials, architectural details); h. Exterior Architectural Elements (entrances, porches and steps, cornices); i. Materials (wall surfaces, foundation, roof); and j. Miscellaneous Details (trim, gutters and leaders, louvers/vents, lighting, public utilities). 2. Alteration of an Existing Structure a. No existing building or structure within the HFD shall be altered unless approved by the ARB as being architecturally compatible with the historic landmarks, buildings, structures and areas located therein. The ARB shall base its decisions on the criteria contained herein, which are based upon the U.S. Secretary of the Interior's Standards for Rehabilitation, as follows: i Every reasonable effort shall be made to provide a compatible use for a property by requiring minimal alteration of the building, structure, or site and its environment, or by using a property for its originally intended purposes. 2-22

42 Section Design Review Sub-section Historic District-Certificates of Appropriateness ii iii iv v vi vii viii ix x The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historical material or distinctive architectural features should be avoided when possible. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. If replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Replacement of missing architectural features should be based on historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. Every reasonable effort shall be made to protect and preserve archeological resources affected by or adjacent to any project. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood or environment. Wherever possible, new additions or alterations to structures shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. b. In conjunction with the Standards referenced within Subsection 205.D.1, above, the ARB shall consider the following review criteria: i ii iii iv The mass and height of a building, and the nature of the roofline. The proportions between the height of a building, its bulk, and the nature of its roofline (i.e., is its appearance predominantly horizontal or vertical). The nature of the open spaces around buildings, including the extent of setbacks, the existence of any side yards and their size, and the continuity of such spaces along the street. The existence of trees and other landscaping, and the extent of paving. 2-23

43 Section Design Review Sub-section Historic District-Certificates of Appropriateness v vi vii viii ix x The nature of the openings in the facade (primarily doors and windows), and their location, size and proportions. The type of roof (flat, gabled, hip, gambrel, mansard, etc.). The nature of projections from the buildings, particularly porches. The nature of the architectural details and the predominant architectural style. The nature and texture of the materials. The details of ornamentation. c. For the purposes of this subsection, the term alteration includes, without limitation, additions proposed to an existing structure. 3. Demolition, Removal, or Relocation a. No historic landmark, building or structure within the HFD shall be razed, demolished, or moved until the razing, demolition or moving thereof is approved by the ARB. In determining the appropriateness of any application for the razing, demolition, or moving of a building or structure, the ARB shall consider the following criteria: i ii iii iv v vi vii The architectural significance of the building or structure. The historical significance of the building or structure. Whether a building or structure is linked, historically or architecturally, to other buildings or structures, so that their concentration or continuity possesses greater significance than the particular building or structure individually. The significance of the building or structure or its proposed replacement in furthering the Comprehensive Plan's goals. The condition and structural integrity of the building or structure, as indicated by documentation prepared by a qualified professional or licensed contractor, or other information, provided to the board for examination. The City Manager may obtain an assessment from a qualified professional or licensed contractor to assist the ARB or City Council in rendering a decision. Effect on surrounding properties. Inordinate hardship. This inquiry is concerned primarily with the relationship between the cost of repairing a building or structure and its reasonable value after repair. An inordinate hardship is an instance when preservation will deprive the owner of reasonable economic use of the property. Any hardship created by action of the applicant - including any condition resulting from the applicant's own neglect of the building or structure shall not be considered in support of any application. To establish inordinate hardship under this section the applicant must submit evidence that rehabilitation of the building or structure is impractical, that the building or structure is inappropriate for the proposed use desired by the owner, and that the applicant cannot make reasonable economic use of the property. Such evidence may include proof of consideration of plans for adaptive reuse, and attempts to sell, rent or lease the property. b. In addition to the right of appeal set forth in subsection E, below, the owner of a historic landmark, building, or structure, the razing or demolition of which is subject to the provisions of this 2-24

44 Section Design Review Sub-section Historic District-Certificates of Appropriateness i ii iii section, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that the following three conditions are met: The owner has applied to the City Council for a demolition permit; The owner has, for the period of time set forth in the time schedule contained in this section and at a price reasonably related to its fair market value as determined by an independent appraisal, made a bona fide offer to sell such landmark, building, or structure and the land pertaining thereto to the City or to any entity which gives reasonable assurance that it is willing to preserve and restore the landmark, building, or structure and the land pertaining thereto. Unless the ARB and the owner agree upon the fair market value, the City Manager may retain one independent, qualified appraiser. If the independent appraisal does not resolve the disagreement, then the City and the owner shall retain a third qualified appraiser. A median value shall be established by the three appraisers, which shall be final and binding upon the owner and the City; and No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of any such landmark, building, or structure and the land pertaining thereto, prior to the expiration of the applicable time period set forth in the time schedule contained in this section. Any appeal which may be taken to court from the decision of the City Council, whether instituted by the owner or by any other proper party, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make the bona fide offer to sell referred to in this subsection. No offer to sell shall be made more than one year after a final decision by the City Council, but thereafter the owner may renew his request to the City Council to approve the razing or demolition of the historic landmark, building, or structure. The time schedule for offers to sell shall be as follows: 1 Three months when the offering price is less than $25,000.00; 2 Four months when the offering price is $25, or more but less than $40,000.00; 3 Five months when the offering price is $40, or more but less than $55,000.00; 4 Six months when the offering price is $55, or more but less than $75,000.00; 5 Seven months when the offering price is $75, or more but less than $90,000.00; and 6 Twelve months when the offering price is $90, or more. 4. Signs In addition to the standards and criteria set forth within subsections A and B, above, the ARB shall consider the following in determining the appropriateness of any application for a sign proposed within the HFD: 2-25

45 Section Design Review Sub-section Historic District-Certificates of Appropriateness E. Appeals a. Placement i ii iii b. Lettering i ii iii c. Color i ii The sign shall be integrated architecturally with the building. Placement should not obscure significant architectural features or details of the building. A sign should be placed only at a location within the HFD at which the announced business or activity takes place. The sign should be legible. The style and lettering of the sign should be appropriate to the structure, the business and the streetscape. The lettering size should be in proportion both to the sign and the building. The colors of the sign should relate to those of the building. The sign should not have so many colors that they detract from the strength of the visual image. d. General Standards i ii Signs attached to windows announcing sales, etc., are discouraged as incompatible with the character of the HFD. All signs shall meet the requirements of Section 72-59, Signage. 1. Any person aggrieved by a decision of the ARB may appeal such decision to the City Council, provided such appeal is filed in writing within 14 days from the date of the ARB s decision. The appeal shall clearly set forth the grounds of the appeal, including the procedure or standard alleged to have been violated or mis-applied by the ARB. The City Council shall consult with the ARB in relation to any appeal and may require documentation of any ARB decision prior to hearing the appeal. The City Council may affirm, reverse, or modify the ARB s decision and shall transmit a record of its decision to the ARB. The City Council shall decide such appeal within 45 days of the date of the appeal. 2. Any person aggrieved by a decision of the City Council may appeal such decision to the Circuit Court of the City by filing a petition at law setting forth the alleged illegality of the action of the City Council, provided such petition is filed within 30 days after the final decision is rendered by the City Council. The filing of the petition shall stay the decision of the city council pending the outcome of the appeal to the Circuit Court, except that the filing of such petition shall not stay the decision of the City Council if such decision denies the right to raze or demolish a historic landmark, building, or structure. The court may affirm, reverse, modify the decision of the City Council, in whole or in part, if it finds upon review that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion. 2-26

46 Section Design Review Sub-section Corridor Design Review Corridor Design Review A. Purpose and Applicability 1. The Gateway Corridor Overlay Districts require architectural and site design review for development and redevelopment of properties along designated entryways leading into the City s central business/historic district. Segments of the following roadways are within corridor overlay zoning districts: Cowan Boulevard, Fall Hill Avenue, Lafayette Boulevard, and Princess Anne Street. The intent is to preserve and enhance the aesthetic and historic values of the designated entryway. 2. Single family detached dwellings are exempt from corridor overlay design review, except for streetscape buffers, as contained in Section of this Ordinance. B. Process 1. Applications for corridor overlay design review shall be submitted to the Development Administrator for review and action. 2. The Development Administrator shall consider those factors applicable to the specific corridor overlay within which the subject property is located. 3. To initiate design review of development or redevelopment in a corridor overlay zoning district, the applicant shall provide the following materials, unless waived by the Development Administrator: a. New construction, façade changes, and accessory structures i ii iii iv b. Fence i ii iii c. Signs i ii iii Plat or map of property showing locations of proposed construction and/or changes, including building footprint; Drawing of elevations that are visible from a public right-of-way; Proposed materials; and Site features, including design and location of proposed parking lots, lighting, streetscape buffer, vehicular access, and landscaping. Plat or map of property showing fence location; Drawing or photograph of fence design; and Material and dimensions. Artist s rendition or photograph of proposed sign(s); Elevation(s) showing location of building mounted sign(s). Site map showing location of freestanding sign, with setbacks labeled; and Dimensions, materials, and other specifications. 2-27

47 Section Design Review Sub-section Corridor Design Review 4. Public Notice a. Published and Written Notice Prior to rendering a decision on new construction, notice shall be given in accordance with Code of Virginia Section Written notice shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided to the Development Administrator prior to decision. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 5. Submittal requirements are contained in the Procedures Manual. C. Review Timing The Development Administrator shall act to approve, approve with modification, or deny any request or application within 60 days of the official submission of the application. The Development Administrator shall memorialize his/her decision in writing and the Planning Office shall notify the applicant of the decision within 14 days. A notice of city action does not constitute general zoning approval for any structure, but is contingent upon the owner obtaining any other zoning approval required. A notice of city action issued under the provisions of this section shall expire one year after the date of such approval unless: 1. A building or sign permit has been obtained and work begun; or 2. An extension has been granted by the Development Administrator, as appropriate, which shall not exceed six months. D. Review Criteria The Development Administrator shall use the criteria specified in Section of this Ordinance to review applications for design review for development/redevelopment within specified Gateway Corridor Overlay Districts. This section contains criteria applicable to all corridor overlays as well as additional standards for specific corridors. E. Appeals 1. Any person aggrieved by a decision of the Development Administrator may appeal such decision to the City Council, provided such appeal is filed in writing within 14 days from the date of the decision. The appeal shall clearly set forth the grounds of the appeal, including the procedure or standard alleged to have been violated or mis-applied by the Development Administrator. The City Council shall consult with the Development Administrator in relation to any appeal and may require documentation of any decision made prior to hearing the appeal. The City Council may affirm, reverse, or modify the Development Administrator s decision. The City Council shall decide such appeal within 45 days of the date of the appeal. 2-28

48 Section Administrative Decisions Sub-section Zoning Permit 2. Any person aggrieved by a decision of the City Council may appeal such decision to the Circuit Court of the City of Fredericksburg by filing a petition at law setting forth the alleged illegality of the action of the City Council, provided such petition is filed within 30 days after the final decision is rendered by the City Council. The filing of the petition shall stay the decision of the City Council pending the outcome of the appeal to the Circuit Court, except that the filing of such petition shall not stay the decision of the City Council if such decision denies the right to raze or demolish a historic landmark, building, or structure. The court may affirm, reverse, modify the decision of the City Council, in whole or in part, if it finds upon review that the decision of the City Council is contrary to law or that its decision is arbitrary and constitutes an abuse of discretion ADMINISTRATIVE DECISIONS Zoning Permit A. Purpose and Applicability A zoning permit is a written order, requirement, decision or determination regarding the permissibility of a specific use or density of property, or regarding the compliance of specific land, buildings, structures, or the uses and development thereof with the requirements of the City s zoning regulations. Prior to establishing, expanding, altering, or otherwise changing (i) the use of property, or (ii) the physical characteristics of a lot or parcel of land, including, without limitation, the size, height, location or features of or related to an existing or proposed building, structure, or improvements, a property owner shall obtain a zoning permit from the Zoning Administrator. This section also sets forth the procedures for the Zoning Administrator s consideration of applications for Home Occupation and Temporary Use applications. In addition, it sets forth the procedure for the Development Administrator s consideration of applications for Fence Permits and Sign Permits. B. Process 1. Upon the official submission of an application for a permit, the Zoning Administrator or Development Administrator, as appropriate, shall approve, approve subject to conditions, or disapprove the application, based on its compliance with the requirements of this Ordinance. 2. The Zoning Administrator shall act on a Zoning, Home Occupation, or Temporary Use application and the Development Administrator shall act on a Fence or Sign application without public notice, except as set forth within Code of Virginia Section (H). C. Review Criteria Zoning Determination The Zoning Administrator may issue a written determination of the permissibility of a specific project or density or whether any land, buildings, structures, and the uses thereof, which do not conform to the zoning regulations prescribed within this Ordinance may be continued or changed, such determination shall be based on the following: 2-29

49 Section Administrative Decisions Sub-section Administrative Modifications 1. Whether the exercise of judgment, interpretation, or discretion is required to determine if a specific use or specific density is permitted, or whether specific physical requirements of the zoning regulations will be met by or in connection with the proposed use or development of a lot or parcel of land, or the buildings, structures or improvements located thereon. 2. Whether the landowner or landowner's agent has provided all information reasonably necessary to make the determination. The Zoning Administrator shall have no obligation to go beyond the record created by the landowner in order to make the determination, and he or she shall have no authority to issue a determination on an incomplete record. 3. Whether the determination shall be consistent with this Ordinance. Nothing herein shall authorize the Zoning Administrator to issue a determination contrary to the provisions of this Ordinance, to amend this Ordinance, or to waive the requirements thereof Administrative Modifications A. Purpose and Applicability Pursuant to the authority granted within Code of Virginia Section (A)(4), the Zoning Administrator is hereby authorized to grant a modification of any zoning regulation relating to physical requirements on a lot or parcel of land, including but not limited to: size, height, location or features of, or related to, any building, structure, or improvements. The Zoning Administrator may refer any request for administrative modification to the BZA, if, in his/her sole discretion the application warrants that higher level of review. B. Process 1. Applications for Administrative Modifications shall be made to the Zoning Administrator. 2. An Administrative Modification shall be approved by the Zoning Administrator after public notice, and shall be in compliance with the requirements of this Ordinance. 3. Public Notice a. Published and Written Notice Prior to rendering a decision, notice shall be given in accordance with Code of Virginia Section Written notice shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be placed in the application file prior to decision. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. Posted Notice The applicant shall post a sign provided by the Zoning Administrator on each parcel of land involved in an Administrative Modification at least five (5) days prior to rendering a decision. c. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 2-30

50 Section Administrative Decisions Sub-section Minor Expansions of Nonconforming Uses 4. Submittal requirements for an administrative modification are contained in the UDO Procedures Manual. C. Review Criteria Administrative Modification The Zoning Administrator shall determine whether the application meets the following standards: 1. The strict application of the requirement would produce undue hardship; 2. Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; 3. The authorization of the modification will not be of substantial detriment to adjacent property and the character of the planned development will not be changed by the granting of the modification; and 4. The modification to the regulation does not exceed 10 percent for residential districts and 5 percent in commercial, industrial, and planned development districts Minor Expansions of Nonconforming Uses A. Purpose and Applicability The Zoning Administrator is authorized to grant minor expansions of nonconforming uses for reasonable continued use of a property. B. Process 1. Applications for Minor Expansions shall be made to the Zoning Administrator. 2. A Minor Expansion may be approved by the Zoning Administrator after public notice, and shall be in compliance with the requirements of this Ordinance. 3. Public Notice a. Published and Written Notice Prior to rendering a decision, notice shall be given in accordance with Code of Virginia Section Written notice shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of the receipt of such notice shall be provided to the Zoning Administrator prior to decision. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. Posted Notice The applicant shall post a sign provided by the Zoning Administrator on each parcel of land involved in a minor expansion at least five (5) days prior to rendering a decision. c. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 4. Submittal requirements for a minor expansion are contained in the UDO Procedures Manual. 2-31

51 Section Administrative Decisions Sub-section Change of Nonconforming Use C. Review Criteria Minor Expansion The Zoning Administrator shall determine whether the application meets the following standards: 1. Does not result in an increase in the number of seats, parking spaces or students, if applicable, which exceeds more than ten percent of the existing amount; 2. Does not reduce the effectiveness of existing transitional screening, buffering, landscaping or open space; 3. Does not result in changes to bulk, mass, orientation or location which adversely impact the relationship of the development or part thereof to adjacent property; and 4. Construction of any new building or structure, is limited to the following: new accessory buildings or structures, and additions to existing buildings or structures, provided that: a. The sum total of all such structures or additions shall not exceed the greater of: 500 square feet of gross floor area, or five percent of the existing gross floor area (up to a maximum of 2,500 square feet of gross floor area); and b. The maximum permitted FAR for the zoning district shall not be exceeded Change of Nonconforming Use A. Purpose and Applicability The Zoning Administrator is authorized to grant a continuation or replacement of a more restrictive nonconforming uses for reasonable continued use of a property. B. Process 1. Applications for a Change of Nonconforming Use shall be made to the Zoning Administrator. 2. Such change may be approved by the Zoning Administrator after public notice, and shall be in compliance with the requirements of this Ordinance. 3. Public Notice a. Published and Written Notice Prior to rendering a decision, notice shall be given in accordance with Code of Virginia Section Written notice shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided to the Zoning Administrator prior to decision. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. Posted Notice The applicant shall post a sign provided by the Zoning Administrator on each parcel of land involved in a Change of Nonconforming Use at least five (5) days prior to rendering a decision. 2-32

52 Section Administrative Decisions Sub-section General Process c. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 4. Submittal requirements for a Change of Nonconforming Use are contained in the UDO Procedures Manual. C. Review Criteria Change of Nonconforming Use The following criteria shall be used by the Zoning Administrator in determining whether, consistent with Section , a particular use is a lawful continuation of an established nonconforming use or a more restrictive use: General Process 1. The number and size of parking spaces serving the new use; 2. The appearance of the buildings and site on which the new use is located; 3. The use, type, area, and appearance of new signs; 4. The intensity of the new nonconforming use, including the days and hours of operation, traffic, noise, and similar impacts; 5. The lighting provisions on the site for the new use; 6. The landscaping provisions on the site for the new use; 7. The amount of vehicular traffic in the neighborhood; and 8. The potential effect on the fair market value of neighboring properties from the new use. A. Every decision of the Zoning Administrator, or the Development Administrator, as applicable, approving, approving with conditions, or denying an accepted application for a zoning permit shall be in writing. A denial shall state the reasons therefore. B. The Zoning Administrator or the Development Administrator shall deliver to the applicant, by first class mail or other means acceptable to the applicant, every written decision. A copy of the written decision shall also be provided to the owner of the subject property, if different than the applicant, and to any persons who received notice of the application Review Timing Appeals A. The Zoning Administrator, or the Development Administrator, as applicable, shall act within 15 days of acceptance of the official submission of an application for a zoning permit unless the applicant has agreed to a longer period. B. The Zoning Administrator or the Development Administrator shall reject or disapprove any application in which sufficient information has not been provided to serve as the basis for a determination within the 15 days afforded by state law. A. Any person aggrieved or any officer, department, board or bureau of the City affected by a written decision of the Zoning Administrator or the Development Administrator pursuant to this division may appeal to the Board of Zoning Appeals. 2-33

53 Section Subdivision Plats Sub-section Administration B. The decision shall include a statement informing the recipient that he or she may have a right to appeal the decision within 30 days in accordance with Code of Virginia Section , and that the decision shall be final and unappealable if not appealed within 30 days. The decision shall state the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall commence upon the date of the written decision. C. The BZA shall fix a reasonable time for the hearing of an application or appeal, give public notice thereof as well as due notice to the parties in interest and make its decision within 90 days of the filing of the application or appeal. In exercising its powers the BZA may reverse or affirm, wholly or partly, or may modify an order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the BZA shall be necessary to reverse any order, requirement, decision or determination of an administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance or to effect any variance from this Ordinance. The BZA shall keep minutes of its proceedings and other official actions, which shall be filed in the office of the Zoning Administrator and shall be public records. The chairman of the BZA, or in his/her absence the acting chairman, may administer oaths and compel the attendance of witnesses. D. Appeals from decisions of the BZA shall proceed in accordance with Code of Virginia Section SUBDIVISION PLATS Administration A. Applicability 1. This section sets forth review and approval procedures for major and minor subdivisions of land. 2. The provisions of this article shall apply to all land subdivided and proposed to be subdivided on or after October 8, No person shall divide, subdivide, or cause a subdivision to be made of any tract of land located within the corporate limits of the City except in compliance with the standards set forth within this article and the requirements set forth within this section. 4. Nothing in this article shall be deemed to invalidate any final subdivision plat lawfully approved and recorded in the City s land records prior to October 8, Plat Required a. Whenever the owner of any lot or tract of land desires to subdivide the lot or tract of land, the owner shall submit a plat of the proposed subdivision, with reference to known or permanent monuments, to the Development Administrator in accordance with the requirements of this article. b. No owner shall subdivide land without making and recording a plat of such subdivision in the office of the Clerk of the Circuit Court, and no such plat shall be recorded unless it has been approved by the City and signed by the Development Administrator, in accordance with the regulations set forth in this section. 2-34

54 Section Subdivision Plats Sub-section Administration B. Process 1. Whenever the owner of any lot, parcel or tract of land desires to subdivide the tract, he shall submit a plat of the proposed subdivision for approval in accordance with the requirements of this section and with other applicable requirements of this Ordinance, including, without limitation, the requirements set forth within Article 72-5 of this Ordinance. 2. Except as otherwise expressly stated herein, the standards set forth within this article shall be deemed and interpreted to be the minimum requirements for subdivisions. No subdivision plat shall be approved unless it meets the requirements of this section. 3. A subdivider shall obtain approval of any required erosion and sedimentation plan in accordance with Section of this Ordinance prior to approval of the final subdivision plat. 4. A subdivider shall post any required performance guarantee in accordance with Section of this Ordinance prior to approval of a final subdivision plat. 5. A plat of a subdivision shall be duly approved, bonded, and recorded as provided in this section prior to the sale or transfer of any land in such subdivision. 6. Submittal requirements are contained in the UDO Procedures Manual. C. Subdivisions Distinguished 1. A minor subdivision shall include shifts in a lot line or other boundary changes where no new lots are created. 2. A minor subdivision shall also include subdivisions that create no more than four new lots, will use existing infrastructure. 3. All other subdivisions shall be considered major subdivisions. 4. An applicant for a minor subdivision or a resubdivision shall submit a final plat to the Development Administrator for approval. An applicant may submit a conceptual preliminary plat to the Development Administrator for review and comment prior to submission of the final plat, but it is not required. 5. An applicant for a major subdivision shall submit a preliminary plat to the Development Administrator, who shall refer the application to the Planning Commission for recommendation and to the City Council for final decision in accordance with the procedures set forth herein. After approval of the preliminary plat and construction plan, the applicant shall submit a final plat to the Development Administrator for review and approval. 6. The approved General Development Plan for any planned zoning district shall constitute the approved preliminary subdivision plat thereof. An applicant for the subdivision of land within such a zoning district shall submit a final plat and plan to the Development Administrator for approval. 7. The Development Administrator may determine that a series of minor subdivision plats in fact constitute a major subdivision if the series of plats relate to the same parcel or related groups of parcels. If the Development Administrator so determines, then he or she shall require the subdivider to follow the process for the review of major subdivisions. D. Preliminary Plats 1. Prior to submission of the preliminary plat, the applicant shall participate in a pre-application conference. 2-35

55 Section Subdivision Plats Sub-section Administration 2. The applicant shall make an initial submission of the proposed preliminary plat for review. The Technical Review Committee shall thoroughly review the plat and make a good faith effort to identify all deficiencies, if any, with the initial submission, and communicate same to the applicant. The applicant may submit a revised proposed preliminary plat for final Technical Review Committee review, prior to making the official submission of the preliminary plat. 3. The content and format of the preliminary plat shall conform to the submittal requirements set forth in the Procedures Manual. 4. The applicant shall make an official submission of a preliminary plat revised to address the Technical Review Committee s comments. The preliminary plat is officially submitted when it is delivered to the office of the Development Administrator accompanied by the application fee and all pertinent information. 5. If approval of a feature or features of the preliminary subdivision plat by a state agency or public authority authorized by state law is necessary, the Development Administrator shall forward the preliminary subdivision plat to the appropriate state agency or agencies for review within 10 business days of the official submission of such preliminary subdivision plat. 6. The Development Administrator shall review a major subdivision application and advise in writing the Planning Commission and City Council as to whether the application meets the requirements of this Ordinance. Any defects shall be identified by reference to specific requirements of this Ordinance, and the Development Administrator shall advise the City Council regarding the corrections or modifications which would permit approval of the preliminary plat of a major subdivision. The Development Administrator shall provide the application and written report thereon to the City Council in order to permit timely review and action by the City Council. 7. The City Council shall act on an application for approval of a preliminary major subdivision plat after a public hearing, in accordance with the procedures and time periods specified within Code of Virginia Section Any of the deadlines contained in this section may be extended with written consent of the applicant. If such consent is not given, and the application does not meet the requirements of this Ordinance, then the Development Administrator or City Council shall approve or disapprove the application following the procedures contained herein. 8. Public Notice a. Published and Written Notice Prior to the City Council public hearing, notice shall be given in accordance with Code of Virginia Section Written notice shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided at the public hearing. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. Posted Notice The applicant shall post a sign provided by the Development Administrator on each parcel of land involved in a Preliminary Plat of a Major Subdivision at least five (5) days prior to the public hearing. 2-36

56 Section Subdivision Plats Sub-section Administration c. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 9. If a preliminary subdivision plat is disapproved, the reasons for such denial and what corrections or modifications will permit approval shall be set forth in writing by the Development Administrator for minor subdivisions and by City Council resolution for major subdivisions. 10. If a preliminary subdivision plat is not acted on or disapproved within 90 days after it has been officially submitted for approval, the subdivider after 10 days written notice to the Clerk of Council, may petition the Circuit Court for the City of Fredericksburg to enter an order with respect thereto as it deems proper, which may include directing approval of the plat. 11. The approved preliminary plat shall serve as a guide in the preparation of the construction plan and final subdivision plat, which must be submitted for final approval and recordation upon fulfillment of the requirements of this section. The approval of the preliminary plat does not guarantee approval of the final plat. 12. Once a preliminary subdivision plat is approved, it shall be and remain valid for the periods, and extended periods, specified within Code of Virginia Sections and (F) and (G), as may be applicable. E. Final Plats 1. A final plat shall be required to be recorded within the land records of the Circuit Court, for and in connection with every subdivision of land: a. No person shall subdivide land without making and recording an approved final plat of the subdivision and without fully complying with the provisions of this Section and this Ordinance. Failure to comply with this requirement shall constitute a violation of this Ordinance. b. No person shall sell or transfer any land of a subdivision, before a plat has been duly approved and recorded within the land records of the Circuit Court for the City of Fredericksburg, as provided herein, unless the subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto. Failure to comply with this requirement shall constitute a violation of this Ordinance. Nothing herein contained shall be construed as preventing the recordation of the instrument by which such land is transferred or the passage of title as between the parties to the instrument. 2. No plat of any subdivision shall be accepted for filing or recorded by the Clerk of the Circuit Court unless and until it has been submitted to and approved by the City Council or the Development Administrator, as evidenced by the signature of the Development Administrator on the face of a final plat. The penalties provided by Code of Virginia Section , or other applicable provisions of law, shall apply to any failure of the Clerk to comply with the provisions of this subsection. 3. No person shall be permitted to be issued a building permit upon any lot that was created in violation of this Ordinance or the Ordinance that was in effect at the time the lot was recorded, until such time as the lot is shown on a subdivision plat approved in accordance with this Ordinance and the approved plat is recorded in the City s land records. 2-37

57 Section Subdivision Plats Sub-section Improvements Improvements 4. The following requirements apply to every subdivision plat proposed for final approval: a. Every final subdivision plat shall be prepared by a professional who is licensed to prepare such a plat, and who shall endorse upon the plat the source of title of the owner of the land subdivided, in accordance with the requirements of Code of Virginia Section b. Plat details shall meet the standards for plats established by the State Library Board pursuant to the Virginia Public Records Act. Every plat shall contain a statement of consent to subdivision in conformance with Code of Virginia Section Additional plat details and required contents for final plats shall be as determined by the Development Administrator as set forth in the Procedures Manual. c. A final plat is officially submitted when it meets all the requirements of this Ordinance and is submitted in the office of the Development Administrator, accompanied by the application fee and all pertinent information. d. The Development Administrator shall act on an application for approval of a final subdivision plat, in accordance with the procedures and time periods specified within Code of Virginia Section When necessary because of proposed improvements, every final plat shall be accompanied by a construction plan that complies with the Development Standards contained in Article 72-5 of this Ordinance, and which may proceed through the approval process in tandem with the final plat. A. Approval Not Deemed Acceptance of Improvements The approval of a final subdivision plat shall not be deemed to be acceptance by the City of any street, alley, public space, utility or other physical improvements shown thereon. All such acceptances shall proceed pursuant to Article 72-5: Development Standards and Section of this Ordinance. B. Required Improvements Every proposed subdivision shall be designed to include all of the public facilities and other improvements required by this Ordinance. C. Proffered Improvements A subdivision plat shall contain provisions for the dedication and construction of improvements referenced within proffered conditions applicable to the subject property. D. On-Site Public Improvements, Generally 1. All required on-site public improvements shall be installed at the cost of the subdivider, unless City cost sharing or other means of City participation is first indicated by the Development Administrator. Such agreements shall be formally entered into prior to final plat approval. 2. All required on-site public improvements shall conform to the standards set forth in Article 72-5 of this Ordinance. 2-38

58 Section Subdivision Plats Sub-section Improvements E. Access & Blocks and Lots 1. Street Names All subdivision streets shall be identified by street names, in accordance with the standards of Article 72-5 of this Ordinance. 2. Public Streets and Dedication of Rights-of-Way a. All subdivisions shall provide for the construction and right-of-way dedication of public streets to permit motor vehicle travel within the subdivision and to and from adjacent properties, unless private streets are permitted and approved in accordance with this Article. Streets within a subdivision shall be designed in accordance with the development standards of Article 72-5 of this Ordinance. The arrangement, character, extent, width, grade and location of all streets, street signs, and traffic control devices shall be in accordance with the standards of Article b. All subdivisions shall provide for the construction of or fee dedication for the widening of existing streets, existing streets on new alignments, and proposed streets as indicated on the adopted Comprehensive Plan, where the need for such street improvement is substantially generated by the proposed subdivision. c. Where an adopted Comprehensive Plan indicates a right-of-way greater than that existing along the boundaries of the subdivision or lot, such additional right-of-way shall be dedicated to public use on the plat when it is recorded. d. A subdivider may voluntarily provide funding for off-site road improvements. The improvements for which such funding may be accepted, and the procedures for administering the funding, shall be as set forth within the Code of Virginia, Section (4). 3. Private Streets a. Subdivisions in commercial, industrial, and residential developments in the R-8, R-12, R-16, R30, C-SC, C-H, I-1, I-2, PD-R, PD-C, PD-MU, and PD-MC districts may provide for private streets within private ingress/egress easements. b. Private streets, where authorized, shall be designed and constructed in accordance with the standards set forth within Article 72-5 of this Ordinance. 4. Alleys a. Subdivisions are not required to provide public or private alleys. b. Whenever a subdivider proposes to construct public or private alleys, they shall comply with the standards in Article 72-5 of this Ordinance. 5. Curb and Gutter Curb and gutter shall be required, and shall be designed and constructed, in accordance with the standards set forth within Article 72-5 of this Ordinance. 6. Vehicular Ingress/Egress Any required parking area shall have direct access to a public or private street via vehicular ingress and egress established in accordance with the standards in Article 72-5 of this Ordinance. 2-39

59 Section Subdivision Plats Sub-section Improvements 7. Pedestrian Access and Bicycle Trails a. Sidewalks shall be provided within a subdivision, in accordance with the standards in Article 72-5 of this Ordinance. b. A subdivision plat shall provide for the construction of bicycle trails within the subdivision, in the general location shown on the Bicycle and Pedestrian Master Plan, called Fredericksburg Pathways, within the subdivision. Bicycle trails shall be designed and constructed in accordance with the standards in Article 72-5 of this Ordinance. 8. Blocks and Lots a. Blocks created by the subdivision of land shall conform to the standards in Article 72-5 of this Ordinance. b. Lots created by the subdivision of land shall conform to the applicable requirements in Article 72-3 of this Ordinance and the standards in Article 72-5 of this Ordinance. c. A subdivision plat may create one or more lots for City or other public water, sewer, storm water or similar utility facilities, such as a pump station lot. Such lots shall be exempt from compliance with the minimum lot standards of this Ordinance, provided they are adequate for the proposed public use and acceptable to the City for such dedication. F. Sanitary Sewer, Public Water, and Stormwater 1. Sanitary Sewer and Sewerage Facilities Except as provided for in subsection F, all subdivisions shall provide for the extension of and connection to the City public sanitary sewer system to serve each lot, through the construction and dedication of sanitary sewer facilities and related easements in accordance with the standards in Article 72-5 of this Ordinance. a. The Director of Public Works shall develop a comprehensive sewerage facilities 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 plan shall be adopted by the City Council. b. A subdivider or developer of land shall be required to pay a pro rata share of the cost of providing reasonable and necessary 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 Section of the Code of Virginia, as amended; the adopted Comprehensive Plan; the adopted Comprehensive Sewerage Facilities Plan, and this Subsection. c. The policy and criteria for determination of pro rata share of total cost, the financial and implementation procedures, and other related matters shall be the responsibility of the Director of Public Works and shall be adopted by the City Council as part of the Comprehensive Sewerage Facilities Plan. 2-40

60 Section Subdivision Plats Sub-section Improvements 2. Public Water and Water Facilities Except as provided for in subsection I, all subdivisions shall provide for the extension of and connection to the City public water system to serve each lot, through the construction and dedication of water facilities and related easements in accordance with the standards in Article 72-5 of this Ordinance. a. The Director of Public Works shall develop a Comprehensive Water Facilities Plan to determine the projected public water demand, distribution mains and facilities, easements, and costs to provide ultimate public water 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 plan shall be adopted by the City Council. b. A subdivider or developer of land shall be required to pay a pro rata share of the cost of providing reasonable and necessary water facilities that 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 Section of the Code of Virginia, as amended; the adopted Comprehensive Plan, the adopted Comprehensive Water Facilities Plan; and this Subsection. c. The policy and criteria for determination of pro rata share of total cost, the financial and implementation procedures, and other related matters shall be the responsibility of the Director of Public Works and shall be adopted by the City Council as part of the Comprehensive Water Facilities Plan. 3. Connections to Public Water and Sewer System; Use of Individual Wells and Septic Tanks a. All subdivisions shall provide for connections to the City water and sewer system prior to any lot transfer, unless an exception is approved by the Development Administrator. In the event of such exception, no subdivision shall be approved where individual wells or septic tanks are to be used, until written approval for each lot to be transferred or occupied by a dwelling unit has been secured from the state health department. The health department may specify soil tests or water tests necessary to determine the suitability of the soil for subsurface effluent disposal. Such evaluations shall be the responsibility of the subdivider. b. An exception may be granted by the Development Administrator in cases of unusual situations, or when strict adherence to the regulations would result in substantial injustice or hardship. No exception shall be granted where there exists a comprehensive facilities plan to provide future sewer service or water supply to the area in which the subdivision is located. c. All required easements shall be provided by the subdivider, in accordance with the City s Construction Specifications and Standards for Water and Sewer Facilities on file in the Public Works Department. 2-41

61 Section Subdivision Plats Sub-section Improvements 4. Storm Water Facilities a. The Director of Public Works shall develop a comprehensive stormwater management facilities plan to determine the necessary structures, easements and costs to provide ultimate drainage facilities to serve 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 costs shall be updated annually by applying the appropriate Engineering News-Record cost index factor. The facilities plan shall be adopted by the City Council. b. A subdivider or developer of land shall be required to pay a pro rata share of the cost of providing reasonable and necessary drainage 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 Section , the adopted Comprehensive Plan, the adopted Comprehensive Stormwater Management Facilities Plan, and this Section. c. The policy and criteria for determination of pro rata share of total cost, the financial and implementation procedures, and other related matters shall be the responsibility of the Director of Public Works and adopted by the City Council as part of the Comprehensive Stormwater Management Facilities Plan. 5. Public Utilities and Utility Easements Public utilities and Utility easements shall be provided in accordance with the standards set forth in Article 72.5 of this Ordinance. G. Monuments and Corners Monuments shall be placed in a subdivision, and corners established, in accordance with the standards of Article 72-5 of this Ordinance. H. Parks, Schools, Open Space, and Public Land When subdividing land, consideration should be given to suitable sites for parks, schools, and other areas of public use as described in the Comprehensive Plan. Such areas should be located and indicated on the preliminary plat in order that it may be determined if, when, and in what manner such areas will be dedicated to, reserved for, or acquired by the City Council for that use. This provision shall not be construed to preclude the dedication of property for public use not included in the Comprehensive Plan, provided such property is acceptable to the City Council for such dedication, acceptance and maintenance. I. Dedication of Land for Public Use 1. When the adopted Comprehensive Plan indicates a right-of-way greater than that existing along the boundaries of the subdivision or lot, such additional right-of-way shall be delineated on the plat for dedication to public use as a condition to plat approval. 2. In the interests of public welfare, a subdivider may provide for the reservation and dedication of suitable land for schools, parks, recreation areas, roadways, sidewalks, utility easements and other public uses in accordance with the Comprehensive Plan, Capital Improvements Program, and any adopted Official Map. 2-42

62 Section Subdivision Plats Sub-section Exceptions to Subdivision and Site Plan Regulations 3. Final plats shall show the location, character and extent of public areas and facilities as a condition of approval. 4. Whenever a subdivider proposes or is legally required to convey interests in real property to the City, conveyance of such interests shall be made by appropriate deed to the City, approved as to form by the City Attorney and accepted on behalf of the City by the City Manager. 5. Where a subdivider dedicates or otherwise conveys land for public purposes including, but not limited to, parks, playgrounds, pump station lots, greenways, bikeways, and similar public uses, it shall be of a character, size, dimension, and location suitable for the particular use for which the land is dedicated or conveyed. Land held by the City or other political subdivision or public agency is not required to meet the minimum street frontage, lot size, lot shape, or other lot requirements, so long as it is suitable for its public use Exceptions to Subdivision and Site Plan Regulations A. Applicability This section shall govern the consideration of requests for an exception to the general Subdivision and Site Plan regulations. Requested exceptions shall be submitted as part of an application for Subdivision or Site Plan approval. B. Exception Authorized As set forth in Section , following below, the City Council (for Major Subdivisions) or the Development Administrator (for Minor Subdivisions and Site Plans) may approve exceptions to the general subdivision or Site Plan regulations, in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship. C. Process Each request for an exception shall be made in writing by the applicant, stating specifically the provision from which the exception is requested, and the grounds therefore. The applicant shall submit the request for an exception with the preliminary plat, final plat application, or site plan. All applications shall be accompanied by such plats, plans, drawings, and engineering documents required to allow the Development Administrator or City Council to understand and act on the application. D. Authority to Grant The Development Administrator shall review, approve or disapprove any application for an exception for a Minor Subdivision or Site Plan. The City Council shall review and shall by resolution approve or disapprove an exception in a Major Subdivision. Such actions shall not occur until at least ten days after written notice is provided to the adjacent landowners. Written notice, for such actions or appeal of such actions, shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided to the Development Administrator prior to decision. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. 2-43

63 Section Subdivision Plats Sub-section Period of Validity of Final Plats and Site Plans; Vacations E. Appeal of Minor Subdivision or Site Plan Exception Any person aggrieved by the Development Administrator's decision on an exception may appeal the action to the City Council on written application filed with the Development Administrator within 14 days from the date of the decision. Within 30 days from the receipt of the application for appeal and after at least ten days' written notice to the adjacent landowners and to the applicant for the waiver, the City Council shall act by resolution to approve or deny the application. The decision of the City Council in any case shall be final. During the pendency of the appeal, the approval of the Subdivision or Site Plan shall be held in abeyance Period of Validity of Final Plats and Site Plans; Vacations A. Validity Once a Final Plat is approved and recorded, such plat or an approved Site Plan shall be and remain valid for the periods, and extended periods, specified within Code of Virginia Sections and , as may be applicable. The Development Administrator may grant one or more extensions of such approval for additional periods as the Development Administrator may determine to be reasonable, in accordance with Code of Virginia Section B. Corrections An approved preliminary Subdivision Plat, a final recorded Subdivision Plat, or an approved Site Plan may be corrected as follows: 1. Minor Subdivision or Site Plan changes may be approved by the Development Administrator, if such changes comply with the Subdivision or Site Plan regulations and requirements of this Ordinance to correct errors or omissions. 2. Changes to Major Subdivision may be approved by the Development Administrator, if such changes comply with the Subdivision or Site Plan regulations and requirements of this Ordinance to correct errors or omissions without changing the density or impact of the project by more than 10%. Other more significant changes of Major Preliminary Subdivisions may be approved by the City Council, if such changes comply with the Subdivision or Site Plan regulations and requirements of this Ordinance. C. Vacation of Plats 1. The vacation of final, recorded plats shall be governed by Code of Virginia Sections and The Development Administrator is authorized to consent to the vacation of a plat pursuant to Code of Virginia Section (1), where no lot has been sold, and the owners, proprietors and trustees, if any, who signed the original dedication statement, by written instrument, declare the plat to be vacated. 3. The Development Administrator is authorized to sign on behalf of the City Council an instrument in writing pursuant to Code of Virginia Section (1) wherein a lot has been sold, and all the owners of lots shown on the plat agree in writing to the vacation. 2-44

64 Section Site Plans Sub-section Commercial Development Plans SITE PLANS Commercial Development Plans A. Purpose and Applicability 1. The purpose of a site plan is to ensure, prior to the issuance of any building permits, that the use and development of land will be in compliance with the zoning regulations set forth within this Ordinance. 2. Prior to the issuance of any building permit authorizing the use, a change of use, occupancy, construction, improvement or maintenance of any land, building or structure, a site plan shall be submitted to and approved by the City, in order to assure compliance with the zoning regulations set forth within this Ordinance. This requirement shall be subject to the exemptions set forth following below. 3. No site plan shall be required for the following uses, provided the Development Administrator determines that the use will not require the improvements set forth in this section: a. Single family detached dwellings and their related uses and structures. b. Educational facilities located in existing religious institutions. c. Renovations of buildings when existing site improvements comply with the standards in this Ordinance. B. Site Plans Distinguished 1. Site plans shall take one of the following two formats: Minor Site Plan, or Major Site Plan. Minor site plans are required for use changes where the land disturbance will be less than 2,500 square feet. All other site plans shall follow the Major Site Plan requirements. 2. The Development Administrator shall be the approving authority for Major and Minor Site Plans. C. Review Process 1. Prior to the initial submission of an application seeking approval of a Site Plan, the owner or proprietor of land who wishes to apply for Site Plan approval shall contact the office of the Development Administrator to schedule a pre-application conference. The staff shall place the matter on the agenda of the next meeting of the Technical Review Committee, and shall notify the applicant of the conference meeting date. 2. The applicant shall make an initial submission of the proposed site plan for review. The Technical Review Committee shall thoroughly review the site plan and make a good faith effort to identify all deficiencies, if any, with the initial submission, and communicate same to the applicant. The applicant may submit a revised proposed site plan for final Technical Review Committee review, prior to making the official submission of the site plan. 2-45

65 Section Site Plans Sub-section Commercial Development Plans 3. The applicant shall make an official submission of a site plan revised to address the Technical Review Committee s comments. The site plan is officially submitted when it is delivered to the office of the Development Administrator accompanied by the application fee and all pertinent information. The Development Administrator shall act on any proposed site plan within 60 days after it has been officially submitted for approval by either approving or disapproving the site plan in writing, and giving with the latter specific reasons therefore. This deadline may be extended with the written consent of the applicant. 4. Public Notice a. Published and Written Notice Prior to rendering a decision, notice shall be given in accordance with Code of Virginia Section Written notice shall be provided to adjacent property owners by certified return receipt mail by the applicant. Evidence of such notice shall be provided to the Development Administrator prior to decision. In the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual unit owner. b. Posted Notice The applicant shall post a sign provided by the Development Administrator on each parcel of land involved in a Major Site Plan at least five (5) days prior to rendering a decision. c. City Website Notice Notice of the request shall be posted on the City of Fredericksburg website at least five (5) days prior to any action. 5. Approval of an Exception to any general zoning regulations, a Special Use Permit, Special Exception, an Administrative Modification, or a Variance shall be obtained prior to the official submission of an application for a proposed Site Plan. 6. The provisions of this section and Article 72-5 of this Ordinance set forth the requirements for submission and approval of site plans. 7. Submittal requirements are contained in the UDO Procedures Manual. D. Review Criteria 1. The Development Administrator shall act on a proposed site plan after it has been officially submitted for approval, as directed within the section C, above. The City s action shall be based on the findings of whether the proposed site plan meets the requirements below referenced in the following section 2, and whether the proposed site plan demonstrates that the use and development of land depicted therein will comply with applicable City zoning regulations. 2. Every site plan shall be prepared in such form, and shall include such content, as necessary to demonstrate compliance with applicable zoning regulations, and shall be prepared and submitted in accordance with the requirements set forth within the Procedures Manual. 2-46

66 Section Performance Guarantees Sub-section Residential Lot Grading Plan Residential Lot Grading Plan A. Purpose and Applicability 1. The provisions of this section set forth the requirements for submission and approval of a residential lot grading plan. 2. A residential lot grading plan shall be required prior to issuance of a building permit for any of the following: a. Construction of a single family detached dwelling and its related uses and structures on a vacant lot. b. Construction of an addition to a single family detached dwelling and/or any accessory structure where 2,500 square feet of land or more will be disturbed thereby. B. Review Process 1. Any owner or proprietor of land who wishes to apply for residential lot grading plan approval shall submit an application form, with the proposed residential lot grading plan, any required application fee, and such information and materials as specified within the Procedures Manual. 2. The Development Administrator shall take action upon an application for approval of a residential lot grading plan, in accordance with the procedures and time periods specified in the Procedures Manual. C. Review Criteria Every residential lot grading plan shall be prepared in such form, and shall include such content as necessary to demonstrate compliance with applicable zoning regulations, and shall be prepared and submitted in accordance with the requirements set forth within the Procedures Manual PERFORMANCE GUARANTEES A. Performance Guarantees Required As a condition to the approval of a final subdivision plat, site plan, grading permit or building permit, the owner or developer shall be required to guarantee completion of the public and other site-related improvements associated with the development. B. Facilities Required to be Guaranteed 1. The owner or developer shall guarantee construction of the following facilities: a. Any right-of-way located within any subdivision or section thereof; b. Any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use, and maintained by the City, the Commonwealth, or other public agency; c. Other site-related improvements required by local ordinance for vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for storm water management facilities; d. Erosion and sediment control measures required as a condition to grading, building, or other permits; 2-47

67 Section Performance Guarantees Sub-section Residential Lot Grading Plan e. Any private streets to be constructed in a subdivision; f. Any privately-owned site-related improvements, including but not limited to fencing, landscaping, buffering, internal sidewalks, lighting, paving, private recreational facilities and pavement marking, required by this Ordinance but not completed prior to issuance of occupancy certificate. 2. Provided the developer and the City Council have agreed on the delineation of sections within the proposed development, the developer shall not be required to furnish to the City Council a performance guarantee in the amount of the estimated cost of construction of facilities to be dedicated for public use within each section of the development until such time as construction plans are submitted for the section in which such facilities are to be located. 3. No performance guarantee shall apply to, or include the cost of, any facility or improvement unless such facility or improvement is shown or described on the approved plat or plan of the project for which such guarantee is being furnished. The terms, conditions, and specifications contained in any agreement, contract, performance agreement, or similar document, however described or delineated, between the City and an owner or developer of property entered into pursuant to this section in conjunction with any performance guarantee shall be limited to those items depicted or provided for in the approved plan, plat, permit application, or similar document for which such performance guarantee is applicable. C. Amount 1. The required guarantee shall be provided in the following total amount: a. The total estimated cost of construction based on unit prices for new public or private sector construction in the City; plus b. Prior to July 1, 2014: an additional 10 percent of the total estimated cost of construction, which shall constitute a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, or c. On or after July 1, 2014: an additional 25 percent of the total estimated cost of construction, which shall constitute a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities. 2. The owner or developer shall submit a written itemized estimate of the total estimated cost of construction, certified as being accurate, as part of his request for development approval. 3. The Development Administrator may establish a uniform unit price schedule for common construction items, using locally developed figures or industryrecognized standards, to be included in the City s Development Procedures Manual. The Development Administrator shall consider this schedule, and shall consider the estimate provided by the owner or developer, and shall then make a determination as to the total estimated cost of construction based on unit prices for new public or private sector construction. 2-48

68 Section Performance Guarantees Sub-section Residential Lot Grading Plan D. Form of Guarantee 1. The following forms of guarantees may be used to satisfy the requirements of this section: a. The owner or developer may: i ii Certify to the City Council that the total estimated construction costs have been paid to the person constructing such facilities or, at the option of the City Council; or Present evidence satisfactory to the City Council that the time for recordation of any mechanics lien has expired or evidence that any debt for said construction that may be due and owing is contested and provide indemnity with adequate surety in an amount deemed sufficient by the City Council or the Development Administrator. b. The owner or developer may furnish to the City Council a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the Development Administrator, in an amount sufficient for and conditioned upon the construction of such facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned. c. The owner or developer may furnish to the City Council a bank or savings institution's letter of credit on certain designated funds satisfactory to Development Administrator as to the bank or savings institution, the amount and the form. 2. All performance guarantees shall provide that such bond, letter of credit, or other agreement shall not be terminated, canceled, or modified without at least 30 days prior written notice by certified mail to the Development Administrator. 3. All performance guarantees shall provide for the completion of construction of all facilities within a time to be determined by the Development Administrator. 4. Any bond shall be issued by an insurance company licensed to transact fidelity and surety insurance business in Virginia, and shall be a company holding a certificate of authority as acceptable surety on federal bonds or an acceptable reinsuring company per the United States Department of the Treasury s Listing of Certified Companies current annual circular. The surety, when notified of the owner or developer s default, shall elect either to perform in the owner or developer s stead or to pay the face amount of the bond, or any lesser amount determined by the Development Administrator. The surety shall agree to provide said funds to the City prior to the performance of the work, based upon the Development Administrator s estimate of the funds required. 2-49

69 Section Performance Guarantees Sub-section Residential Lot Grading Plan 5. Any letter of credit shall specify Uniform Commercial Code or Uniform Customs and Practice for Documentary Credits, be irrevocable, and contain an automatic renewal clause. The lending institution issuing the letter of credit shall be insured by the FDIC or FSLIC and have a place of business within 50 miles of the City of Fredericksburg. In case of failure on the part of the owner or developer to complete the specified improvements within the required time period, the lending institution shall pay to the city immediately and without further action such funds as are necessary to finance the completion of the facilities, in accordance with the Development Administrator s estimate, up to the limit of credit stated in the letter. 6. Any cash escrow account shall be established with a financial institution approved by the Treasurer and insured by FDIC or FSLIC. The escrow account shall be held in trust until released by the Development Administrator and may not be used or pledged by the owner or developer as security in any other matter during that period. In the case of failure by the owner or developer to complete the facilities, the escrow agreement shall provide that the financial institution shall immediately make the funds in the account available to the city for use in the completion of those facilities. The owner or developer shall pay a nonrefundable $200 administrative fee to cover the city s legal and administrative review costs for any proposed cash escrow agreement. All such agreement shall be reviewed and approved by the city attorney. Any such agreement shall be approved only if it affords protection to the city equivalent to a corporate surety bond. 7. Additional terms, conditions, and forms for guarantees shall be set forth in the City s Development Procedures Manual. E. Extensions of Time If guaranteed facilities are not timely completed in a manner acceptable to the City, the Development Administrator may proceed via the provisions for default, below, or grant an extension of time for the completion of facilities, not to exceed one year, provided that: 1. All surety consents have been acquired and approved by the City; 2. The owner has submitted an acceptable schedule for completion; and 3. Inspection of existing physical improvements is found to be satisfactory. F. Partial Release 1. Upon the completion of at least 30 percent of the improvements covered by a performance guarantee, the applicant may file a written request with the Development Administrator for a partial release of such guarantee. The developer shall be entitled to no more than three periodic partial releases within any 12-month period. 2. The Development Administrator shall act upon each written request for a periodic partial release within 30 days of receipt thereof. The Development Administrator may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities for which the performance guarantee is applicable. Such request shall be granted unless the Development Administrator notifies the subdivider or developer in writing of nonreceipt of approval by an applicable state agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the 30 day period. 2-50

70 Section Performance Guarantees Sub-section Residential Lot Grading Plan 3. The Development Administrator shall have the authority to require that each request be accompanied by the certification of a professional who is licensed to make such a determination that the required improvements have been partially or finally completed in accordance with the approved plans and specifications. Upon such certification, the City may accept such improvements without further inspection. 4. Up to 90 percent of the original amount of the performance guarantee may be released through periodic partial releases, based upon the percentage of public facilities completed and approved by the City or other agency having jurisdiction. 5. If no action is taken by the Development Administrator within the 30 day time period, the request for partial release shall be deemed approved, and a partial release shall be granted to the subdivider or developer. G. Final Release 1. Upon final completion of the facilities, the subdivider or developer may file a written request for final release of the performance guarantee. The Development Administrator may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities for which the performance guarantee is applicable. 2. Within 30 days of the receipt of the written request, the Development Administrator shall either accept the facilities and release the remaining guarantee or notify the applicant that the facilities are not accepted and that there are specific defects or deficiencies in construction, in which case the Development Administrator shall suggest corrective measures. 3. As used herein, acceptance means the public facility is accepted by and taken over for operation and maintenance by the City. 4. If the Development Administrator fails to act within the 30 day time period, then the applicant may make an additional request in writing for final release, sent by certified mail to the City Manager. The City Manager shall act within ten working days of receipt of this request. If no action is taken, the request shall be deemed approved and final release granted to the applicant. 5. The Development Administrator shall require submission of as-built plans for public facilities, demonstrating compliance with all City requirements, the receipt of which shall be a condition precedent to final release of any performance guarantee. H. Default In the event of default in the construction of guaranteed facilities, the Development Administrator is authorized to take such action as may be required to protect the City and the public, including, but not limited to: 1. Require recalculation and reassessment of security, and, if deemed advisable, the substitution of a more desirable form of security; 2. Draw or make demand on the owner or developer s security; 3. Contract for the completion of the work, following the rules for public procurement; 4. Enter the property for purposes of completing the work; and 5. Bring an action at law against the owner, developer, and/or surety. 2-51

71 Section Performance Guarantees Sub-section Residential Lot Grading Plan I. Guarantees Associated With Conditional Rezoning Whenever a performance guarantee is required by the terms of a conditional rezoning, the Zoning Administrator shall employ the procedures provided in this Section to establish the amount of the guarantee, the form of the guarantee, and extensions of time, as set out in this section or other applicable portions of this Ordinance. The reduction or release of the guarantee shall be decided by City Council upon the submission by the owner or developer of satisfactory evidence that the condition has been met in whole or in part. J. As-Built Plan Requirements 1. All entities who construct public water or sewer lines, storm drainage systems, bike paths, sidewalks, trails or streets to be maintained by the City of Fredericksburg must submit an As-built set of construction drawings for approval as a part of the City s acceptance process. Additionally, entities constructing any stormwater management or stream restoration facilities must submit an As-built set of construction drawings. The initial submittal shall be three (3) sets of red-lined marked up prints, which should be delivered to the Department of Building and Development Services. This submittal shall include recorded copies of any public easements required with the project. 2. The As-Built drawings shall clearly show any changes or variations from the approved design. Horizontal variations greater than 1.0 foot should be shown dimensionally or though plus stations. Horizontal variations greater than 5.0 feet should also show the graphic relocation of the object. Vertical elevation variations greater than 2.0 feet shall be provided for all shown design elevations. A benchmark elevation and benchmark description and location shall also be provided on each plan sheet. 3. As-Built plans for a surface stormwater management facility shall include the following additional information: a. Length, width, slope information and depth or contours (1 foot intervals) of the pond area along with a verification of the original design volume. b. A benchmark on the riser, inlet headwall, or other approved location. c. Revised design computations verifying the functionality of the pond. Computations shall be submitted, along with an additional paper copy of the As-Built plans. d. The grading/storage volumes must be approved by Building and Development Services prior to landscaping/planting. All plantings must be added to the As-Built plans after plant installation. As-Built plans will not be approved without required plantings. NOTE: If As-Built data shows that the constructed facility varies from the original design storage elevations by greater than or equal to 1 percent, the variations will have to be corrected (regraded) prior to submission for review unless storage is verified. All constructed features not previously approved on the original construction drawings will need to be modified to adhere to the approved plans or be approved after-the-fact. 4. All As-Built information shall be blocked in and shown on the original construction drawings. 2-52

72 Section Performance Guarantees Sub-section Residential Lot Grading Plan 5. The As-Built Certificate (shown in paragraph g, below) shall be signed and sealed by a professional who is licensed to make such a certification and shall appear on the cover sheet of the As-Built Plan set. All sheets included in the permit set must be submitted in the final As-Built set. 6. Once the City has determined that the As-Built information is satisfactorily shown, the design professional will be notified to submit mylars for As-Built approval. The As-Built information shall preferably be shown on the original construction drawings (i.e., the original mylars with the permit approval stamp and design professional seal). Placing As-Built information upon a scanned image or other reproduction of the original construction drawings may be acceptable so long as the quality, integrity, and legibility of the original drawings are substantially preserved without undue compromise. As-Built drawings will be scanned by the City for archiving, so both the As-Built and original information must be sufficiently discernible. The As-Built plat set shall be submitted for signature and shall contain the same red-lined information as approved in the As-Built review. No paper prints, paper or mylar sepias will be accepted. 7. As-Built Certificate I hereby certify that the information shown on this record drawing is an accurate and complete representation of data established from field information obtained under the direction of a Professional Land Surveyor or a Professional Engineer, and that the physical dimensions or elevations shown thus: are As-Built information and the facility was constructed according to the approved plans, except as otherwise noted hereon. Name, License # Title, Date Additional As-Built plan information for streets: i Street Names; ii R/W Width (feet); iii Pavement Width (feet); iv Center Line (miles); v Number of Lanes; vi FUNC class; and Confirm that streets have been recorded and dedicated. 2-53

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74 Article 72-3: Zoning Districts

75

76 ARTICLE 72-3: ZONING DISTRICTS Official Zoning Map Generally Incorporated by Reference Interpretation Replacement Changes to Official Zoning Map Zoning Districts Established Residential Zoning Districts Reserved R-2 Residential District R-4 Residential District R-8 Residential District R-12 Residential District R-16 Residential District R-30 Residential District R-MH Residential District Nonresidential & Mixed-Use Zoning Districts Commercial/Office-Transitional District Commercial-Downtown District Commercial-Shopping Center District Commercial-Highway District Light Intensity Industrial District General Industrial District Planned Development Districts Planned Development Residential District Planned Development Commercial District Planned Development Mixed-Use District Planned Development Medical Center District Overlay Zoning Districts Old and Historic Fredericksburg District Railroad Station Overlay District Floodplain Overlay District

77 Wetlands Overlay District Chesapeake Bay Preservation Overlay District Gateway Corridor Overlay District Neighborhood Commercial Overlay District

78 Article 72-3: Zoning Districts OFFICIAL ZONING MAP Generally A. The official zoning map designates the location and boundaries of the various base zoning districts and overlay zoning districts established in this Ordinance, at a level of detail that allows for the Zoning Administrator to determine the zoning district classification for every lot and land area within the City. The most current version of the official zoning map shall be kept on file in the Clerk of Council s office, with copies maintained in the office of the Zoning Administrator. The official zoning map is available for public inspection during normal business hours. It shall be the final authority as to the status of the current zoning district classification of land in the City. B. The office of the Zoning Administrator shall maintain digital or printed copies of superseded versions of the official zoning map for historical reference Incorporated by Reference The official zoning map and all the notations thereon is incorporated herein by reference and made part of this Ordinance Interpretation The following standards and procedures shall be applied in interpreting the zoning district map: A. Boundaries shown as approximately following a utility line or a street, alley, railroad, or other public access way shall be interpreted as following the centerline of the right-of-way or easement for the utility line or access way. B. Boundaries shown as approximately following a property line shall be interpreted as following the property line as it existed when the boundary was established. If a subsequent minor adjustment (such as from a court ordered settlement of a boundary dispute or overlap) results in the property line moving ten feet or less on any basis, the zoning district boundary shall be interpreted as moving with the property line. C. Boundaries shown as approximately following a river, stream, canal, lake, or other watercourse shall be interpreted as following the centerline of the watercourse as it actually exists, and as moving with that centerline to the extent the watercourse moves as a result of natural processes (flooding, erosion, sedimentation, etc.). D. Boundaries shown as approximately following established political boundaries shall be interpreted as following the corporate or other jurisdictional limits or boundary. 3-1

79 Section Official Zoning Map Sub-section Replacement E. Boundaries shown parallel to or as extensions of features indicated in this subsection shall be interpreted as such. F. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. G. If the specific location of a depicted boundary cannot be determined from notations on the official zoning map or application of the above standards, it shall be determined by using the map s scale to determine the boundary s distance from other features shown on the map. H. Upon request, the Zoning Administrator shall render a determination of the official zoning district classification, as of a specified date, on a particular lot or land within the City. In cases where there is any uncertainty as to the location of a district boundary, the City s Board of Zoning Appeals may hear and decide applications pursuant to Code of Virginia Section (4). I. Neither the Zoning Administrator nor the Board of Zoning Appeals shall have any power to change substantially the locations of district boundaries as established by City ordinance. Further, neither the Zoning Administrator nor the Board of Zoning Appeals shall have the power to rezone property, or to base decisions on the merits of the purpose and intent of the City s Zoning Ordinance or regulations Replacement A. In the event that the official zoning map becomes damaged, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may, by ordinance, adopt a new official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior map or any subsequent amendment thereof. The new official zoning map shall be identified by the signature of the Mayor attested by the Clerk of Council, and bear the City seal under the following words: This is to certify that this official zoning map supersedes and replaces the official zoning map adopted on October 8, 2013 as part of the City of Fredericksburg, Virginia, Unified Development Ordinance. B. Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendments Changes to Official Zoning Map Changes made in zoning district boundaries on the Official Zoning Map shall be considered an amendment to this Ordinance and are made in accordance with Section Changes shall be entered on the Official Zoning Map by the Zoning Administrator promptly after the amendment is approved by the City Council. Where the ordinance enacting a zoning district boundary change contains wording explaining or clarifying the location of the new boundary, the Zoning Administrator may enter on the Official Zoning Map notations reflecting the ordinance wording. 3-2

80 Section Official Zoning Map Sub-section Zoning Districts Established Zoning Districts Established Table , Zoning Districts Established, sets out the base zoning districts and overlay zoning districts established by this Ordinance. The base zoning districts are grouped into Residential, Nonresidential & Mixed-Use, Planned Development, and Overlay districts. TABLE : ZONING DISTRICTS ESTABLISHED DISTRICT ABBREVIATION RESIDENTIAL DISTRICTS DISTRICT NAME R-2 R-2 Residential District R-4 R-4 Residential District R-8 R-8 Residential District R-12 R-12 Residential District R-16 R-16 Residential District R-30 R-30 Residential District R-MH R-MH Residential District Mobile Home NONRESIDENTIAL & MIXED-USE DISTRICTS C-T Commercial/Office-Transitional District C-D Commercial-Downtown District C-SC Commercial-Shopping Center District C-H Commercial-Highway District I-1 Light Intensity Industrial District I-2 General Industrial District PLANNED DEVELOPMENT DISTRICTS PD-R PD-C PD-MU PD-MC OVERLAY DISTRICTS Planned Development Residential District Planned Development Commercial District Planned Development Mixed-Use District Planned Development Medical Center District HFD Old and Historic Fredericksburg District RSO Railroad Station Overlay District FPO Floodplain Overlay District CBPO Chesapeake Bay Preservation Overlay District GCO Gateway Corridor Overlay District NCOD Neighborhood Corridor Overlay District (Ord. No , ) 3-3

81 Section Residential Zoning Districts Sub-section Reserved RESIDENTIAL ZONING DISTRICTS Reserved RESERVED (Ord. No , ) 3-4

82 Section Residential Zoning Districts Sub-section R-2 Residential District R-2 Residential District 1. PURPOSE The R-2 Residential district is established to provide for single-family detached dwellings in suburban-style subdivisions at a density not to exceed two dwelling units per acre. The district also allows selected uses which are compatible with the low density residential character of the district, and to implement the stated purposes and intent of the Comprehensive Plan. Cluster-style development configured in accordance with the standards in Section , Cluster Subdivisions, is permitted. 2. DIMENSIONAL STANDARDS Standard Conventional Development Cluster Development Residential Density, Maximum 2 dwelling units/acre Nonresidential FAR, Maximum 0.20 District Size, Minimum (acres) None 2 Lot Area, Minimum (square feet) 15,000 9,000 Lot Width, Minimum (feet) Interior Lot Corner Lot Front Setback, Minimum (feet) Side Setback, Minimum (feet) 12 7 Rear Setback, Minimum (feet) Open Space Set-Aside, Minimum (%) 25 Height, Maximum (feet) single family -35; all others

83 Section Residential Zoning Districts Sub-section R-4 Residential District R-4 Residential District 1. PURPOSE The R-4 Residential district is established to provide for single-family detached dwellings in both developed and undeveloped areas of the City at densities of up to four units per acre. The district also allows selected uses which are compatible with the medium density residential character of the district, and to implement the stated purposes and intent of the Comprehensive Plan. Clusterstyle development configured in accordance with the standards in Section , Cluster Subdivisions, is permitted. 2. DIMENSIONAL STANDARDS Standard Conventional Development Cluster Development Residential Density, Maximum 4 dwelling units/acre Nonresidential FAR, Maximum 0.30 District Size, Minimum (acres) None 2 Lot Area, Minimum (square feet) 7,500 4,500 Lot Width, Minimum (feet) Interior Lot Corner Lot Front Setback, Minimum (feet) 18[1] 12 Side Setback, Minimum (feet) 6 [1] 5 Rear Setback, Minimum (feet) Open Space Set-Aside, Minimum 25 (%) Height, Maximum (feet) [2] single family -35; all others -30 [1] Front and side setbacks may be reduced on lots of record before April 25, Such reduced setbacks shall be consistent with the average front or side yard setbacks of existing buildings on site and along the same and opposing block faces, but in cases where a residential building is on a lot that equals or exceeds the minimum site area and the building coverage exceeds 20 percent or more of the lot, the side setbacks shall be no less than 6 feet. [2] Maximum height for single-family development on lots of record in areas where established building heights are less than 35 feet shall be reduced by a percentage corresponding to the ratio of actual lot area to 7,500 square feet. In no case shall the new maximum height be set lower than 27 feet. 3-6

84 Section Residential Zoning Districts Sub-section R-8 Residential District R-8 Residential District 1. PURPOSE The R-8 Residential district is established to provide for a planned mixture of single-family detached and attached dwelling types at a density not to exceed eight dwelling units per acre. Development in this district is sensitive to land physiography, public infrastructure and facilities, transportation access requirements, and vulnerable environmental features. The district also allows selected uses which are compatible with the medium density residential character of the district, and to implement the stated purposes and intent of the Comprehensive Plan. 2. DIMENSIONAL STANDARDS Standard SF Detached SF Attached Non-residential Residential Density, Maximum 8 8 N/A Nonresidential FAR, Maximum N/A N/A.35 District Size, Minimum (acres) 5 (may reduce with special exception) Lot Area, Minimum (square feet) 3,750 2,250 [1] 15,000 Lot Width, Minimum (feet) Interior Lot Corner Lot Front Setback, Minimum (feet) 12 [2] Side Setback, Minimum (feet) 5 [2] 12 [3] 10 Rear Setback, Minimum (feet) Setback from other districts, Min (feet) Open Space Set-Aside, Minimum (%) Height, Maximum (feet) [4] Residential -35; all others -30 [1] Each unit shall have an on-site privacy yard of at least 200 sf. [2] Front and side setbacks may be reduced on lots of record before April 25, Such reduced setbacks shall be consistent with the average front or side yard setbacks of existing buildings on site and along the same and opposing block faces, but in cases where a residential building is on a lot that equals or exceeds the minimum site area and the building coverage exceeds 20 percent or more of the lot, the side setbacks shall be no less than 5 feet. [3] Side lot lines shall coincide with party wall centerlines. [4] Maximum height for single-family development on lots of record in areas where established building heights are less than 35 feet shall be reduced by a percentage corresponding to the ratio of actual lot area to 3,750 square feet. In no case shall the new maximum height be set lower than 27 feet. 3-7

85 Section Residential Zoning Districts Sub-section R-12 Residential District R-12 Residential District 1. PURPOSE The R-12 district is established to provide for a planned mixture of single-family, attached, and multi-family dwelling types at a density not to exceed 12 dwelling units per acre. Development in this district shall be sensitive to existing land physiography, adequate public facilities and infrastructure, transportation access requirements and vulnerable environmental features in achieving optional siting of dwellings, open space, recreational and community facilities, and transportation systems. 2. DIMENSIONAL STANDARDS Standard SF Attached Multi-family Non-residential Residential Density, Maximum N/A Nonresidential FAR, Maximum N/A N/A.70 District Size, Minimum (acres) 5 (may reduce with special exception) Lot Area, Minimum (square feet) 1,875 [1] None 10,000 Lot Width, Minimum (feet) Interior Lot 18 [2] 75 Corner Lot 18 [2] 100 Front Setback, Minimum (feet) Side Setback, Minimum (feet) 9 [3] 25 [4] 10 Rear Setback, Minimum (feet) [4] 25 Setback from other districts, Min. (feet) Open Space Set-Aside, Minimum (%) Height, Maximum (feet) Single-family -35; all others -50 [1] Each unit shall have an on-site privacy yard of at least 200 sf. [2] Each unit shall maintain a minimum width of 18 feet. [3] Side lot lines shall coincide with party wall centerlines. [4] Multi-family buildings shall be separated by a distance equal to the tallest on-site building height. 3-8

86 Section Residential Zoning Districts Sub-section R-16 Residential District R-16 Residential District 1. PURPOSE The R-16 district is established to provide for a planned mixture of single-family attached, and multi-family dwelling types at a density not to exceed 16 dwelling units per acre. Development in this district shall be sensitive to existing land physiography, adequate public facilities and infrastructure, transportation access requirements and vulnerable environmental features in achieving optional siting of dwellings, open space, recreational and community facilities, and transportation systems. Additional land may be rezoned or placed into the R-16 district if it was annexed by the City and developed on January 1, DIMENSIONAL STANDARDS Standard SF Attached Multi-family Non-residential Residential Density, Maximum N/A Nonresidential FAR, Maximum N/A N/A.70 District Size, Minimum (acres) 5 (may reduce with special exception) Lot Area, Minimum (square feet) 1,600 [1] None 10,000 Lot Width, Minimum (feet) Interior Lot 18 [2] 75 Corner Lot 18 [2] 100 Front Setback, Minimum (feet) Side Setback, Minimum (feet) 9 [3] 25 [4] 25 Rear Setback, Minimum (feet) [4] 35 Setback from other districts, Min. (feet) Open Space Set-Aside, Minimum (%) Height, Maximum (feet) Single-family 35; All other uses 50 [1] Each unit shall have an on-site privacy yard of at least 200 sf. [2] Each unit shall maintain a minimum width of 18 feet. [3] Side lot lines shall coincide with party wall centerlines. [4] Multi-family buildings shall be separated by a distance equal to the tallest on-site building height (Ord. No , ) 3-9

87 Section Residential Zoning Districts Sub-section R-30 Residential District R-30 Residential District 1. PURPOSE The R-30 district is established to provide for a wide range of residential uses, including singlefamily detached, single-family attached, multi-family, live/work, and upper story residential uses over a nonresidential use. Multi-family dwellings of a mid-rise character at a density not to exceed 30 dwelling units per acre are permitted. The district also allows other selected uses which are compatible with the unique character of such a residential district and the stated purposes and intent of the Comprehensive Plan. Additional land may be rezoned or placed into the R-30 district if it was annexed by the City and developed on January 1, DIMENSIONAL STANDARDS Standard SF Attached Multi-family Non-residential Residential Density, Maximum Nonresidential FAR, Maximum District Size, Minimum (acres) Lot Area, Minimum (square feet) Lot Width, Minimum (feet) N/A N/A (may reduce with special exception) 1,600 [1] None 10,000 Interior Lot 18 [2] 75 Corner Lot 18 [2] 100 Front Setback, Minimum (feet) Side Setback, Minimum (feet) 9 [3] 40 [4] 40 Rear Setback, Minimum (feet) [4] 40 Setback from other districts, Min. (feet) Open Space Set-Aside, Minimum (%) Height, Maximum (feet) Single-family -35; All other uses -75 [1] Each unit shall have an on-site privacy yard of at least 200 sf. [2] Each unit shall maintain a minimum width of 18 feet. [3] Side lot lines shall coincide with party wall centerlines. [4] Multi-family buildings shall be separated by a distance equal to the tallest on-site building height. (Ord. No , ) 3-10

88 Section Residential Zoning Districts Sub-section R-MH Residential District R-MH Residential District 1. PURPOSE The residential-mobile home (R-MH) district is established to provide for the location of mobile homes in mobile home parks and to allow other selected uses which are compatible with the unique residential character of the district. Existing mobile home developments located within the city, though recognized in their nonconforming status, will be subject to the provisions of the R-MH district if altered in any manner. 2. DIMENSIONAL STANDARDS Standard Mobile Home Park Site SF Detached Non-residential Residential Density, Maximum 6 [1] N/A Nonresidential FAR, Maximum N/A N/A N/A.35 District Size, Minimum (acres) 10 Site Area, Minimum (square feet) 4,000 6,000 10,000 Site Width, Minimum (feet) 100 Interior Site Corner Site Front Yard, Minimum (feet) Side Yard, Minimum (feet) [2] Rear Yard, Minimum (feet) [2] Open Space Set-Aside, Minimum (%) 20 Height, Maximum (feet) Mobile Home/Single-family 35; All other uses 50 [1] One detached residential dwelling unit for one family, office, and maintenance facilities for operators of the mobile home park. [2] To any other mobile home or building within the park. 3-11

89 Section Nonresidential & Mixed-Use Zoning Districts Sub-section Commercial/Office-Transitional District NONRESIDENTIAL & MIXED-USE ZONING DISTRICTS Commercial/Office-Transitional District 1. PURPOSE The Commercial/Office-transitional (C-T) district is established to provide for the location of predominantly non-residential commercial uses in a low-intensity manner such that they can be employed as transitional land uses between residential neighborhoods and higher intensity uses. All business and storage shall be conducted within a completely enclosed principal structure, unless approved through a special use permit. 2. DIMENSIONAL STANDARDS Standard Residential Mixed-use [2] Non-residential Residential Density, Maximum 8 [1] 12 [3] Nonresidential FAR, Maximum N/A.70 [4].50 Lot Area, Minimum (square feet) 20,000 Lot Width, Minimum (feet) 100 Front Setback, Minimum (feet) 20 [4] [5] Side Setback, Minimum (feet) 10 [4] [5] Rear Setback, Minimum (feet) 15 [5] Open Space Set-Aside, Minimum 20 (%) Height, Maximum (feet) 40 [1]Residential development shall follow R-8 Residential Dimensional Standards. [2] At least 30 percent of the ground-floor shall be used for retail, eating or personal services establishments. [3] Residential development shall follow R-12 Residential Dimensional Standards. [4] The gross floor area of the ground floors of all buildings on a mixed-use general development plan that are used for retail sales, eating, or personal services establishments shall not be included in the determination of maximum FAR. [5]Front and side setbacks may be reduced on lots of record before April 25, Such reduced setbacks shall be consistent with the average front or side yard setbacks of existing buildings on site and along the same and opposing block faces. [6] A 20-foot-wide landscaped perimeter buffer shall be provided around the perimeter of a development when the Zoning Administrator determines it is necessary to protect existing adjacent development from adverse visual impacts or to present an appearance compatible with an established pattern of adjacent development. (Ord. No , ) 3-12

90 Section Nonresidential & Mixed-Use Zoning Districts Sub-section Commercial-Downtown District Commercial-Downtown District 1. PURPOSE The Commercial-Downtown (C-D) district is established to promote harmonious development, redevelopment, and rehabilitation of uses in the commercial areas of the Old and Historic Fredericksburg (HFD) overlay district. The regulations of this district are intended to implement the goals of the Comprehensive Plan for historic district development while encouraging mixed-uses in the downtown area. The emphasis in site planning is to be placed upon enhancing pedestrian circulation, minimizing vehicular and pedestrian access conflicts among uses, respecting the geometry of the downtown streetscape, and maintaining continuity with the architectural precedents of the historic area. Outdoor storage is prohibited in the district. 2. DIMENSIONAL STANDARDS Standard Residential Mixed-use [1] Non-residential Residential Density, Maximum 18 multi-family; 12 SF attached or detached 24 by right [1] 36 by special use permit [2] Nonresidential FAR, Maximum N/A [3] Lot Area, Minimum (square feet) Lot Width, Minimum (feet) Front Setback, Minimum (feet) Side Setback, Minimum (feet) Rear Setback, Minimum (feet) Lot areas shall generally conform to the lot areas found on existing lots in the CD portions of the HFD Overlay District; otherwise, none None Conform to the front yard setbacks of adjacent structures 15 when adjacent to a residential district; otherwise, none 25 when adjacent to a residential district; otherwise, none Open Space Set-Aside, Minimum None (%) Height, Maximum (feet) [4] [1] At least 30% of the gross floor area of the ground floor of a mixed use structure shall be devoted to a commercial use or uses; except this number is reduced to 15% for a mixed use structure located in the 100- year floodplain. For structures with a front or side façade on William or Caroline Street, the minimum commercial use requirement shall be met by one or more retail sales, eating, or personal services establishments uses. [2] At least 25% of the total gross floor area of a mixed use structure, or of all structures on a mixed use site, shall be devoted to either residential or nonresidential uses. At least 30% of the gross floor area of the ground floor of a mixed use structure shall be devoted to a commercial use or uses; except this number is reduced to 15% for a mixed use structure located in the 100-year floodplain. For structures with a front or side façade on William or Caroline Street, the minimum commercial use requirement shall be met by one or more retail sales, eating, or personal services establishments uses. [3] The gross floor area of the ground floors of all buildings on a mixed-use general development plan used for retail sales, eating, or personal services establishments shall not be included in the determination of maximum FAR. (Ord. No , II, ; Ord. No , II, ) 3-13

91 Section Nonresidential & Mixed-Use Zoning Districts Sub-section Commercial-Shopping Center District Commercial-Shopping Center District 1. PURPOSE The Commercial-Shopping Center (C-SC) district is established to provide locations for community and neighborhood retail commercial and service uses in planned shopping centers. The application of this division is intended for areas which will provide for orderly facility development, minimize traffic congestion, permit one-stop and comparison shopping, and provide for safe pedestrian movement. Typical uses found in the C-SC district include supermarkets, drugstores, variety department stores, specialty stores, movie theaters, personal service establishments, and small professional offices in limited number. Outdoor storage and display is permitted only in those areas approved for such uses on the site plan. 2. DIMENSIONAL STANDARDS Standard Residential Residential Density, Maximum 12 [1] Nonresidential Nonresidential FAR, Maximum N/A.50 District Size, Minimum (acres) 5 Lot Area, Minimum (square feet) 40,000 Lot Width, Minimum (feet) 200 Front Setback, Minimum (feet) 30 [2] Side Setback, Minimum (feet) 20 [2] Rear Setback, Minimum (feet) 30 [2] Open Space Set-Aside, Minimum 15 (%) Height, Maximum (feet) 40 [1] Residential development shall follow R-12 dimensional standards. [2] All buildings shall be setback at least 40 feet from lot lines shared with land in an R, PDR, or CT district. A 30-foot-wide landscaping buffer strip shall be provided. The Zoning Administrator may also require a fence or wall upon a determination that the development will have an adverse impact on adjacent land. 3-14

92 Section Nonresidential & Mixed-Use Zoning Districts Sub-section Commercial-Highway District Commercial-Highway District 1. PURPOSE The Commercial-Highway (C-H) district is established to provide locations on heavily traveled collector and arterial highways for those commercial and service uses which are oriented to the automobile and require good access but not dependence on adjacent uses or pedestrian trade. The district shall generally be considered inappropriate in those parts of the city where individual uses can be grouped in preplanned concentrations and in newly developing areas, such as those in areas that have been annexed to the city. Adequate transportation and site planning of uses should have the goal of minimizing through-traffic movements. Outdoor storage and display is permitted only in those areas approved for such uses on the site plan. Uses engaged in fuel sales must store fuel underground. 2. DIMENSIONAL STANDARDS Standard Residential Residential Density, Maximum 12 [1] Non- Residential Nonresidential FAR, Maximum N/A.70 [2] District Size, Minimum (acres) None Lot Area, Minimum (square feet) 20,000 Lot Width, Minimum (feet) 150 Front Setback, Minimum (feet) 25 [2] Side Setback, Minimum (feet) 15 [2] Rear Setback, Minimum (feet) 20 [2] Open Space Set-Aside, Minimum 15 (%) Height, Maximum (feet) 40 [1] Residential development shall follow R-12 dimensional standards. [2] All buildings shall be setback at least 40 feet from lot lines shared with land in an R, PDR, or CT district. A 30-foot-wide landscaping buffer strip shall be provided. The Zoning Administrator may also require a fence or wall in cases where development in a C-H district could have an adverse impact on adjacent land. 3-15

93 Section Nonresidential & Mixed-Use Zoning Districts Sub-section Light Intensity Industrial District Light Intensity Industrial District 1. PURPOSE The Light Intensity Industrial (I-1) district is established to provide areas for a broad range of clean industries operating under high performance standards. The district is designed to encourage light intensity uses in low density, well-landscaped industrial park settings with dustless, surfaced driveways and walks which are compatible with all types of adjacent uses and afford maximum protection to surrounding properties. Outdoor operations or storage of materials is prohibited. 2. DIMENSIONAL STANDARDS Standard All Uses Nonresidential FAR, Maximum.50 District Size, Minimum (acres) 5 Lot Area, Minimum (square feet) 30,000 Lot Width, Minimum (feet) 100 Front Setback, Minimum (feet) 50 Side Setback, Minimum (feet) [1] Rear Setback, Minimum (feet) [1] 25; 40 when abutting a public ROW or district other than I2 25; 40 when abutting a public ROW or district other than I2 Open Space Set-Aside, Minimum (%) 20 Height, Maximum (feet) 50 [1] The required setback from rights-of-way shall not apply to railroad rights-of-way. 3-16

94 Section Nonresidential & Mixed-Use Zoning Districts Sub-section General Industrial District General Industrial District 1. PURPOSE The General Industrial (I-2) district is established to provide for medium to heavy industrial land uses in areas of the City appropriate to adequately serve the physical, transportation access, and environmental impacts of such industrial development. Outdoor storage areas shall be screened where visible from off-site areas. 2. DIMENSIONAL STANDARDS Standard All Uses Nonresidential FAR, Maximum 1.00 District Size, Minimum (acres) 2 Lot Area, Minimum (square feet) 20,000 Lot Width, Minimum (feet) 100 Front Setback, Minimum (feet) 50 Side Setback, Minimum (feet) [1] Rear Setback, Minimum (feet) [1] 0; 50 when abutting a public ROW; 60 when abutting a district other than I2 0; 50 when abutting a public ROW; 60 when abutting a district other than I2 Open Space Set-Aside, Minimum (%) 10 Height, Maximum (feet) 50 [2] [1] The required setbacks from the rights-of-way shall not apply on lots abutting a railroad right-of-way. [2] May be increased to 90 feet with a special use permit. 3-17

95 72-33 PLANNED DEVELOPMENT DISTRICTS Planned Development Residential District Section Planned Development Districts Sub-section Planned Development Residential District A. Purpose and Intent The planned development-residential (PD-R) district is established to encourage innovative and creative design, to facilitate use of the most advantageous construction techniques, and to protect watercourses, stream valleys, forest cover in watersheds, and areas with scenic vistas. The district is designed to permit a greater degree of flexibility in terms of layout, design and construction of planned development than is found in conventional zoning classifications. It will permit planned mixed use communities comprising residential, commercial, office and service uses. For these reasons, the PD-R district shall not be appropriate unless the general development plan submitted by an applicant satisfies the requirements of this division and the adopted Comprehensive Plan to a significantly greater degree than the requirements of a conventional zoning district. B. Procedure The PD-R district shall be established or modified only in accordance with Section Planned Development Districts. C. Use Limitations 1. Residential Uses a. The maximum density for residential uses within the PD-R district shall not exceed six units per gross acre. b. Residential uses shall be permitted in the PD-R district only in conjunction with one or more neighborhood commercial uses, unless authorized by the City Council in accordance with the Comprehensive Plan. 2. Neighborhood Commercial Uses Up to 15 percent of the gross area of the PD-R development may be devoted to neighborhood commercial uses. The neighborhood commercial uses must be provided in such a manner that they are accessible to both vehicles and pedestrians, with primary emphasis on the pedestrian circulation system. Such neighborhood commercial uses shall be located within a cohesive commercial area and contain such uses as professional offices, specialty shops, hardware stores and other permitted uses, as listed in Table , Use Table. D. Site Size Requirements Site size requirements in PD-R districts are as follows: 1. Minimum District Size The minimum size for any PD-R district is 5 acres. 2. Minimum Lot Size a. The minimum site and yard requirements, including site size requirements for residential and non-residential uses, the number of townhouse units per building, the setback of dwelling units from site boundaries and private drives, parking areas and walkways, separation between townhouse buildings (dwelling groups), and 3-18

96 Section Planned Development Districts Sub-section Planned Development Residential District common areas shall be as required by this Section and, where not specified in this Section, shall be specified on the face of the general development plan (GDP), and all shall be shown on the approved GDP. In the event such requirements are not depicted on the approved GDP, the requirements in Section , Residential (R-8) District, shall apply to single-family detached and attached dwellings, and the requirements in Section , Residential (R-12) District, shall apply to multi-family dwellings. b. The location and arrangement of structures shall not be such that they result in an adverse impact on existing or prospective adjacent dwellings or to existing or prospective development of the neighborhood. c. No single-family detached dwelling shall be erected closer than 16 feet to any other structure. d. No single-family detached or attached dwelling or accessory structure shall be erected closer than 15 feet to any public street right-of-way. E. Bulk Regulations 1. Bulk regulations for PD-R districts shall be depicted on the GDP and shall conform to the following regulations: a. Maximum Building Height i ii Residential structures, 35 feet. Nonresidential structures, 60 feet. b. Maximum Floor Area Ratio (FAR) The maximum FAR is 1.0. c. Open Space i ii iii At least 25 percent of the gross area of the PD-R development shall be landscaped open space. Of that 25 percent, no more than five percent may be situated within a floodplain. No more than five percent of the required 25 percent open space may be land area containing major utilities. 2. Where regulations within the PD-R district conflict with other provisions within this Ordinance, the PD-R district regulations shall govern. F. General Standards No development for a PD-R district shall be approved under the provisions of this section unless the GDP accompanying the application satisfies the following general standards, as follows: 1. The development offers a balanced variety of housing and office types, employment opportunities, and commercial services; 2. The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties; 3. The development provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, pedestrian walkways, and public transportation facilities, where applicable; 4. The development provides exceptional cultural, educational, and recreational facilities for all segments of the community; 3-19

97 Section Planned Development Districts Sub-section Planned Development Residential District 5. The development utilizes structures that take maximum advantage of their natural and manmade environment and utilize innovative design and architectural detail; 6. The development provides at least 25 percent of the site areas as landscaped open space for the use of all residents; 7. The development provides for adequate public facilities, as set forth in Section , Comprehensive Plan; 8. The development substantially conforms to the adopted Comprehensive Plan with respect to type, character and intensity of use and public facilities; 9. The development is designed to prevent adverse impacts to the use and value of existing surrounding development, and does not hinder, deter or impede development of surrounding undeveloped properties in accordance with the adopted Comprehensive Plan; 10. No travel routes, except pedestrian pathways, are to be constructed, installed or located on lands having a slope greater than 30 percent; 11. Sidewalks or other pedestrian pathways that link older and developed areas of the City and proposed new development areas of the City are in accordance with the Comprehensive Plan and where available, should be located along natural waterways and scenic areas; 12. The proposed land uses are those that are indicated on the Table as being permitted by right or by special use permit, and uses accessory thereto; and 13. The development includes special provisions for the identification, restoration and preservation of buildings, structures, areas and sites which have historic, architectural, or archeological significance, as indicated by the applicant himself on the GDP, as identified on federal, state or local registers, inventories, or designations. 3-20

98 Section Planned Development Districts Sub-section Planned Development Commercial District Planned Development Commercial District A. Purpose and Intent 1. The Planned Development-Commercial (PD-C) District is established to provide locations for a full range of retail commercial and service uses which are oriented to serve a regional market area. The district also provides for planned employment centers with offices and professional business uses. The district should be located adjacent to major transportation arteries, with development encouraged in centers planned as a unit. 2. The district should be reserved for development on contiguous land areas of at least 150 acres under single ownership or control capable of containing an aggregate gross floor area in excess of 500,000 square feet. B. Procedure The PD-C district shall be established or modified only in accordance with , Planned Development Districts. C. Lot Size Requirements Lot size requirements in PD-C districts are as follows: 1. Minimum Lot Size There shall be no minimum lot size. However, all lots of less than 20,000 square feet shall comply with the following requirements: a. No such lot shall have a separate entrance on a public street, but shall share an approved entrance on a public street with one or more other lots consisting of at least 30,000 square feet; b. No such lot shall utilize a monument sign, except that it may share such a sign with one or more businesses on other lots, provided that such shared sign is located within 300 feet of the subject lot; c. No such lot shall be used for any building containing or designed to contain fewer than five connected businesses or offices, unless the total acreage of lots used for such purpose is less than five percent of the overall (total) acreage in the PD-C district; and d. No such lot abutting a four-lane major thoroughfare shall contain less than 10,000 square feet. 2. Minimum Lot Width There shall be no minimum lot width. D. Bulk Regulations Bulk regulations for PD-C districts are as follows: 1. Maximum Building Height Building heights of up to 90 feet are permitted, and may be increased to 199 feet for telecommunication towers, subject to approval of a special use permit. 2. Minimum Setback Requirements a. Front setback, no requirement. b. Side setback, no requirement. c. Rear setback, no requirement. d. From all residential uses outside the PDC district, 50 feet. e. From public street rights-of-way, 30 feet. f. From internal travel lanes and drives, 15 feet. 3-21

99 Section Planned Development Districts Sub-section Planned Development Commercial District 3. Maximum Floor Area Ratio The maximum floor area ratio shall be Residential Density Use Limitations Residential uses shall not exceed ten percent of the overall PD-C district and 24 units per acre. E. Open Space 1. The minimum open space requirements for the PD-C district shall be as follows: a. Lots of less than two acres, 15 percent of total gross area shall be landscaped open space; b. Lots of more than two acres, ten percent of total gross area shall be landscaped open space; and c. Overall (total) within PD-C district, 25 percent of total gross area shall be landscaped open space. 2. For purposes of this section, the term "landscaped open space" shall include wet ponds, wetlands, and similar water amenities. F. General Standards No application for a PD-C District shall be approved unless the general development plan which must accompany such application satisfies the following general standards, as follows: 1. The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties; 2. The development provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, and/or pedestrian walkways; 3. The application provides for adequate public facilities, as set forth in Section , Comprehensive Plan; 4. No travel routes, except pedestrian pathways, are to be constructed, installed, or located on lands having a slope greater than 30 percent; 5. Sidewalks or other pedestrian pathways that link older and developed areas of the City are in accordance with the Comprehensive Plan and are located along natural waterways and scenic areas to the maximum extent possible; 6. The development, where possible, will utilize design and architectural detail harmonious with the size, use, and layout of the parcel; 7. All business, service, storage, and display of goods shall be permitted only as accessory uses on the same lot with a permitted or special permit use. The outdoor area devoted to storage, loading, and display of goods shall be limited to that area so designated on an approved final site plan or recorded subdivision plat and properly screened from public view; and 8. All refuse shall be contained in completely enclosed facilities, and screened with material similar to the building so served. G. Special Sign Standards PD-C districts adjacent to an interstate highway with 200 or more acres and 420,000 square feet or more buildable floor area may utilize special sign standards in Section , Planned Development Districts. 3-22

100 Section Planned Development Districts Sub-section Planned Development Mixed-Use District Planned Development Mixed-Use District A. Purpose and Intent 1. The planned development mixed use district is established to promote areas appropriate for office, retail, and residential uses, designed in a unified and cohesive manner in order to create an attractive environment in which to live, work and recreate. Two or more uses shall be integrated into a mixed use project. The district is appropriate in areas suitable for redevelopment as identified in the Jumpstart Plan contained within the Comprehensive Plan, and those areas designated for mixed use development to provide a process and design criteria that can be used to transition from established uses while accommodating new growth and evolving market trends. Vertical integration of uses is encouraged where appropriate. 2. Where appropriate, existing environmental features are to be preserved and integrated into the plan of development. In order to lessen the dependence on vehicles, the major land uses are encouraged to be connected by way of pedestrian linkages, bicycle/pedestrian facilities, trails and greenways that tie together the businesses, residences and open space into accessible patterns of development, and connect to adjacent offsite roads, parks and trails. The pedestrian-oriented nature of the district should be emphasized by the building scale and design, block sizes, pedestrian-oriented uses and streetscapes. 3. This district is considered an urban-style model with uses that are mixed together and easily walkable. For example, main entrances are located close to public streets, parking lots serve multiple uses, residential densities are higher to promote more activity within the development, as well as more public open spaces, and buffers located between different uses within the borders of the development are reduced or eliminated. 4. The district shall encourage mixed use development and its accompanying support commercial and office uses while maintaining a strong emphasis on pedestrian scale, urban development and amenities. In order to encourage high quality design and innovative arrangement of building and open space uses throughout the project, this district provides substantial flexibility from the conventional use and dimensional requirements of the general districts. 5. The district shall promote a compact mixed-use design, traditional neighborhood pattern of development which includes a hierarchy of interconnected streets and blocks, pedestrian friendly walkable streets, a variety of housing types and lot sizes, mixed-use commercial neighborhood centers, and a connected passive and active open space network. 6. For purposes of this district, the following themes are embraced as desired sustainable growth policies and should be included in the design of each project: walkability, green building design, recycling, natural resource protection, and non-commercial community gardens, where appropriate. B. Procedure The PD-MU district shall be established or modified only in accordance with Section , Planned Development Districts. C. Site Size Requirements The site size requirements in a PD-MU district are as follows: 3-23

101 Section Planned Development Districts Sub-section Planned Development Mixed-Use District 1. Minimum District Size The minimum district size for any PD-MU district is two acres. However, the minimum district size in the Princess Anne Street and Lafayette Boulevard Corridor Overlay Districts is 22,000 square feet. 2. Minimum Site Size a. The minimum site and yard requirements, including site size requirements for residential and nonresidential uses, the number of single-family attached units per building, the setback of dwelling units from site boundaries and private drives, parking areas and walkways, separation between townhouse buildings (dwelling groups), and common areas shall be as shown on the approved general development plan (GDP). In the event such requirements are not depicted on the approved GDP, the requirements set forth in Section , Residential (R-8) District, shall apply to single-family detached and attached dwellings, and the requirements in Section , Residential (R-12) District, shall apply to multi-family dwellings. b. The location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to existing or prospective development of the neighborhood. c. No single-family detached or attached dwelling or accessory structure shall be erected closer than 15 feet to any public street right-of-way unless a reduced setback is shown on the approved GDP. D. Bulk Regulations Bulk shall be depicted on the approved GDP and shall comply with the following provisions: 1. Building Height a. In buildings not containing ground floor retail, building heights shall be no more than 80 feet. The maximum height in the Princess Anne Street and Lafayette Boulevard Corridor Districts is 40 feet. b. In buildings containing ground floor retail, the maximum building height shall be 85 feet. c. Structures exceeding 40 feet in height shall be set back from any single-family residential district a distance equal to a distance not less than one foot for each one foot of height in excess of 40 feet. 2. Maximum Floor Area Ratio The maximum floor area ratio for non-residential uses shall be 2.0. Additional intensity may be approved by the City Council, as a special use, up to a maximum Residential Density a. The calculation of maximum density shall be based upon the gross land area of the district minus any portion of the gross land area to be devoted to nonresidential uses. Maximum residential densities shall be as follows: i ii iii Single-family detached: Up to 16 units per acre. Single-family attached: Up to 16 units per acre. Multi-family: Up to 30 units per acre. 3-24

102 Section Planned Development Districts Sub-section Planned Development Mixed-Use District iv Student housing: Up to 60 units per acre when no other residential units are proposed. b. Any combination of mix of the residential unit types may be used to achieve the permitted density and as shown on the GDP. The unit mix in a phased development may vary due to the prevailing market conditions, provided that the total number of units developed shall not exceed the total number of units shown on the approved GDP. c. Notwithstanding any other provisions of this section the City Council may approve an increase in density levels upon finding such increase achieves the purpose and intent of the district. E. Open Space The minimum landscaped open space shall be 15 percent of the total gross area. F. Conflict Where regulations within this district conflict with other provisions within this Ordinance, these district regulations shall govern. G. Additional Regulations A PD-MU district shall comply with the following standards: 1. Commercial Uses a. At least 40 percent and no more than 65 percent of the gross land area of the district shall be used to determine or compute the permitted floor area ratio in accordance with Section , Maximum Floor Area Ratio. b. In the case of vertically mixed use buildings, the commercial use on the ground floor shall be used to calculate this percentage. 2. Vertical Mix At least 20 percent of the buildings containing commercial uses within the district shall contain uses from at least two of the following different use categories: a. Professional office; b. Retail; and c. Multi-family dwelling units above the first floor. 3. Use Mixing a. The PD-MU district requires a mix of uses based on the number of residential units as set forth in Section D.3 and commercial use expressed as a percentage as set forth in Section G.1. The percentage shall mean the percentage of the total gross land area of the district subject to the rezoning application. The mix of uses shall be calculated in accordance with the following rules: i ii The vertical stacking of residential uses in the same building as nonresidential uses is permitted. Phasing of the development may be approved at the time of rezoning. Each phase of development shall contain a tabulation of the site by use category, the accumulated total FAR, the total number of residential units, and the percentage of open space to demonstrate that the development is in conformance with the GDP. Individual phases of the development may have densities 3-25

103 Section Planned Development Districts Sub-section Planned Development Mixed-Use District that exceed the maximum or minimum requirements so long as such densities for the number of residential units or percentage of commercial use as shown on the GDP comply with the PD-MU district. b. Notwithstanding any other provisions of this sub-section, an applicant may propose, and the City Council may approve different percentage ratios for those uses set forth within paragraphs (a) and (b), above, upon a finding that the alternate percentage will better serve the purposes of this Ordinance, and of the proposed district, due to market conditions, land use demand, or other factors determined appropriate by the City Council. 4. On-Street Parking On-street parking adjacent to the subject property can be counted towards meeting the required parking. 5. Off-street Parking a. Each mixed-use development shall provide areas for parking and traffic circulation that meet the standards in Article 72-5, Access and Circulation, and Section , Off-Street Parking and Loading. b. Off-street parking requirements may be reduced by the City Council with the approval of a parking management plan that is adopted as part of the GDP. The amount of spaces may be reduced by reason of different hours of activity among the various uses, and shall be subject to such arrangements as will guarantee the permanent availability of such spaces. The parking plan shall include: i ii iii iv v The location of all proposed on-street parking areas, shared parking areas, remote parking areas, parking structures, pedestrian crossings, access easements, and rights-of-way. Public transit routes to serve the development, if any. Off-street parking spaces should be largely located to the rear of the principle buildings or otherwise screened in accordance with Section , Vehicular Use Area Landscaping, so as to not be visible from public rights-of-way or residential zoning districts. Surface lots shall provide green space meeting the requirements of Section , Vehicular Use Area Landscaping. A parking schedule detailing the total net square footage of floor area of all uses, the number and type of residential units, the minimum number of parking spaces required for uses in the development and the proposed number of off-street parking spaces and proposed number of on-street spaces for each use. 6. Principal Building Entrance The principal entrance of buildings shall be oriented towards the street or an adjacent pedestrian space. 7. Townhouse Configuration a. Not more than eight townhouse units shall be connected. 3-26

104 Section Planned Development Districts Sub-section Planned Development Mixed-Use District b. Not more than three abutting townhouses may have the same or essentially the same architectural facades and treatment of facing materials. Variations may be achieved by material textures or other effects such as variations in setbacks of the not less than two feet for each three units. 8. Loading/Refuse Collection/Parking Areas a. No loading areas or refuse collection areas for nonresidential uses shall be located closer than 100 feet to any boundary of the development adjacent to residential uses. b. No parking areas for nonresidential uses shall be located closer than 25 feet to any boundary of the development adjacent to residential uses. c. Loading areas for nonresidential uses shall be screened from view by means of landscaping, fencing or masonry screen walls from adjacent streets and residential areas. 9. Street and Pedestrian Network a. Each development shall promote interconnectivity and accommodate a hierarchy of street and alley widths that provide for multiple travel options and points of connection to existing streets, including sidewalks and other pedestrian access. b. Public and private streets shall be noted on the generalized development plan. c. Developments shall install sidewalks on both sides of the internal streets with pedestrian connections to existing streets. 10. Street Trees Street trees shall be planted at a density of one tree per 30 linear feet along all areas dedicated for vehicular access use. Such trees shall have a minimum caliper of two inches and a minimum height at maturity of 15 feet. H. General Development Plan Submittal Requirements The GDP in a PD-MU application shall address the following five elements, and may also include phases or land bays with the following design principles and guidelines as part of the narrative and illustrative GDP submission: 1. Required Site Design Principles a. Block plan; b. Hierarchy of streets; c. Neighborhoods; d. Open space; e. Uses and locations; f. Density; g. Massing; h. Variety of building types; and i. Summary of design principles of proposed plan. 2. Development Design Guidelines The development design guidelines are a set of criteria for those elements critical to achieving the goals set out by the site design principles. As part of the submission, these guidelines should explain the structure of the framework plan, streets and open space and how they apply to each land bay, 3-27

105 Section Planned Development Districts Sub-section Planned Development Mixed-Use District phase or development parcel (or parcels, if applicable). The basic organization of the site is structured by the framework plan and locates major arterial streets and open space. As part of this submission, a plan diagram illustrating the concept of the major framework streets and the interconnected network and streets that will serve the development area shall be shown. Dimensioned and delineated street sections, park plans, land-use and infrastructure descriptions and diagrams identify the plan defining development components. The development design guidelines shall address proposed street design such as dimensions, character and materials; open space intent, character and criteria; and parcel development criteria including block size, dimensions, neighborhood park requirements; and general building height, massing, frontage and orientation. 3. Framework Plan The framework plan shall include: a. A framework for streets; b. Vehicular circulation; c. Pedestrian and bicycle circulation; d. Open space plan; e. General land use plan; and f. Individual parcel plans. 4. Building Guidelines Building guidelines shall include: a. Frontage and orientation; b. Front lot line coverage and setbacks; c. Heights and massing; d. Parking and service; e. Architectural standards Guidelines/building types; f. Illustrative example of proposed general palette of materials g. Illustrative examples of the range of building types 5. Illustrative Drawings and Proposed Development Program a. Illustrative Drawings As part of the design principles-guidelines for the PD-MU district's GDP submission the applicant shall submit illustrative drawings including, at a minimum, an overall illustrative development plan and a proposed build-out of the plan. b. Development Program A proposed development program shall also be submitted outlining the proposed mix of uses and density levels including the proposed number of housing units and types, square footage of commercial office, types of retail and any other proposed uses. If the project proposes numerous land bays, phases or parcels, the program shall illustrate an estimated proposed breakdown of uses and density per each bay, phase or parcel. I. General Standards No PD-MU development shall be approved unless the GDP accompanying such application satisfies the following general standards and design criteria: 1. The development offers a variety of two or more of the following uses: commercial, residential, office; 3-28

106 Section Planned Development Districts Sub-section Planned Development Medical Center District 2. The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties; 3. The development provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, pedestrian walkways, and public transportation facilities, where applicable; 4. The development provides opportunities for cultural, educational, or recreational facilities for all segments of the development; 5. The site design and structures take advantage of their natural and manmade environment and to address sustainability. 6. The development provides for adequate public facilities; 7. The development substantially conforms to the Comprehensive Plan with respect to type, character and intensity of use and public facilities; 8. The development does not hinder, deter or impede development of surrounding properties in accordance with the Comprehensive Plan; 9. Sidewalks and other pedestrian pathways that link developed areas of the City and the proposed development are in accordance with the Comprehensive Plan, zoning ordinance or deemed appropriate for the development; 10. The proposed land uses are those that are indicated on Table as being permitted by right or by special use permit, and uses accessory thereto; and 11. Where applicable, the development includes provisions for the identification, restoration and preservation of buildings, structures, and sites which have historic, architectural, or archeological significance. 12. The buildings shall be designed and arranged in such a way as to promote energy efficiency through the design of environmentally friendly buildings utilizing environmentally sensitive guidelines such as those published by the leadership in energy and environmental design through their green building rating system. 13. Landscaping and open space shall be used to provide shading, screening and erosion and sediment control. 14. The development shall maintain, as much as possible, the existing natural topography of the site by preserving the natural character and existing trees to the greatest extent possible Planned Development Medical Center District A. Purpose and Intent 1. The Planned Development-Medical Center (PD-MC) district is intended to permit the development and growth of general and specialty hospitals to serve as the nuclei of medical center complexes within the City. The principle land use objective of the district is to permit the location around a general hospital of closely related medical uses, such as medical offices, diagnostic laboratories, pharmaceutical centers, special patient care units and allied housing units, in order to provide for an improved, convenient and efficient health care and delivery system for the City region. The district shall be developed in accordance with the Comprehensive Planning principles, guidelines, and performance standards outlined in this section. 3-29

107 Section Planned Development Districts Sub-section Planned Development Medical Center District 2. The PD-MC district shall not be appropriate unless the generalized development plan submitted by an applicant satisfies the requirements of this section and the adopted Comprehensive Plan, to a significantly greater degree than the requirements of a conventional zoning district. B. Procedure The PD-MC district shall be established or modified only in accordance with Section , Planned Development Districts. C. Site Size Requirements 1. Minimum District Size The minimum district size for any PD-MC district is 60 acres. 2. Minimum Site Size a. The minimum site area (i.e., area prescribed to total building project boundary or platted subdivision boundary) for each building containing or intended to contain one or more permitted or special uses shall be 20,000 square feet. b. The minimum site width for each permitted or special use within any PD-MC district shall be 100 feet. D. Bulk Regulations Bulk regulations for the PD-MC district are as follows: 1. Maximum Building Height Buildings may be erected up to 110 feet, provided that the setback, side, and rear yard requirements, where applicable, shall be increased one foot for each additional foot of building height over 50 feet. 2. Front Yard Requirements a. Structures shall be located 80 feet from any public street or highway right-of-way, or 40 feet from any private street, measured to the outside edge of pavement, which functions as a major collector for the PD-MC district. b. There shall be no setback requirement from minor private parking bays and travelways, except that parking lots shall be located no closer than 30 feet to any public street or highway right-of-way. 3. Side Setback Requirements The minimum width of each side setback for a main structure shall be 50 feet, except that, when such use is adjacent to a residential district, there shall be a minimum side setback of 70 feet, provided that the side setback adjacent to the residential district shall not be less than the horizontal distance derived from the ratio of one foot in horizontal distance for every one foot in building height of structure. 4. Rear Setback Requirements Each main structure shall have a rear setback of 50 feet, except that, when such use is adjacent to a residential district, there shall be a minimum rear setback of 70 feet, provided that the rear setback abutting the residential district shall not be less than the horizontal distance derived from the ratio of one foot in horizontal distance for every one foot in building height of structure. 3-30

108 Section Planned Development Districts Sub-section Planned Development Medical Center District 5. Floor Area Ratio The maximum floor area ratio shall be 1.50, provided that the total project area (i.e., area prescribed to total building project boundary or development phase) for each building containing or intended to contain one or more permitted or special uses shall be at least 20,000 square feet; except that additional density regulations shall be applied as follows: a. The total project area for each building to be used for hospital-related housing for the elderly and handicapped shall be a maximum of 2,000 square feet per dwelling unit and the density of such uses shall not exceed 20 units per acre; b. The total project area for each building to be used for hospital-related homes for adults, nursing homes, or alcohol and drug rehabilitation shall be a maximum of 1,500 square feet per bed and the density of such uses shall not exceed 30 beds per acre; and c. The area requirements for other types of residential uses to be located within the PD-MC district shall be determined and governed by the area regulations for that particular unit type as prescribed in the City's residential districts. 6. Residential Use Limitations The following residential uses are permitted in the PD-MC zoning district: a. Housing for the elderly and persons with disabilities and homes for adults, provided that the gross area for such housing does not exceed 15 percent of the total gross area of the PD-MC districts. b. Dormitories and medical-related housing designed for the use of physicians, interns, nurses, allied health personnel and their families, provided that the gross area for such uses does not exceed ten percent of the gross area of the PD-MC districts. c. Residential uses up to eight units per acre, provided that the gross area of such uses does not exceed ten percent of the total area of the PD-MC district. E. Open Space At least 20 percent of the PD-MC district shall be landscaped open space. F. General Standards No PD-MC application shall be approved unless the general development plan accompanying such application satisfies the following general standards: 1. The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties; 2. The application provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, pedestrian walkways, and public transportation facilities, where applicable; 3. The development utilizes structures that take maximum advantage of their natural and manmade environment and utilize innovative design and architectural details; 4. The application provides for adequate public facilities, as set forth in Section , Comprehensive Plan; 5. The development substantially conforms to the adopted Comprehensive Plan with respect to type, character and intensity of uses and public facilities; 3-31

109 Section Planned Development Districts Sub-section Planned Development Medical Center District 6. The development is designed to prevent substantial injury to the use and value of existing surrounding development and does not hinder, deter or impede development of surrounding undeveloped properties in accordance with the adopted Comprehensive Plan; 7. No travel routes, except pedestrian pathways, are to be constructed, installed or located on lands having a slope greater than 30 percent; 8. Sidewalks or other pedestrian pathways that link older or developed areas of the City and proposed new development areas are in accordance with the Comprehensive Plan and are located along natural waterways and scenic areas to the maximum extent possible; 9. The proposed land uses are those that are indicated on the Table as being permitted by right or by special use permit, and uses accessory thereto; 10. The development includes special provisions for the identification, restoration and preservation of buildings, structures, or sites which have historic, architectural, or archeological significance, as may be determined by the Planning Commission; 11. A master plan depicts the location and conceptual arrangement of proposed and existing open space areas, including landscaped open spaces, a plan for preservation of environmentally sensitive areas, special landscape features for major entryways, and provisions for screening and buffering of proposed buildings and adjacent land uses; 12. Maintenance and vehicular service buildings are fully screened, landscaped and fenced so as to limit views to the general public and sited in such a fashion so as to minimize their impact on land uses adjacent to the PD-MC district; 13. Private streets are permitted in the PD-MC district, provided their design and construction comply with standards adopted by the Director of Public Works and ongoing maintenance is established as a shared responsibility of adjacent property owners, as set forth within an agreement signed by all such owners and recorded among the land records of the Circuit Court for the City of Fredericksburg; 14. All utilities, including telephone, television cable and electrical systems, are to be installed underground. Appurtenances to these systems which require aboveground installations are exempted from this requirement provided they are adequately screened from view; 15. Heliports and helipads are to be designed, sited and constructed so as to minimize their impact on adjacent land uses. Approach patterns shall be designated to ensure minimal impact on adjacent properties; and 16. Heliports and helipads are not to be located closer than 100 feet to any residential district. This distance may be increased at the discretion of the Planning Commission, unless the applicant shows that helicopter approach patterns and frequency of use would not adversely impact any residential district. 3-32

110 72-34 OVERLAY ZONING DISTRICTS Section Overlay Zoning Districts Sub-section Old and Historic Fredericksburg District The following overlay districts are applied to property in addition to base zoning districts, which establish the permitted use on a property and limit the bulk and mass of structures through height limits and requirements for building setbacks from property lines. Regulations in overlay districts are intended to protect certain critical natural and cultural features and resources located in multiple base zoning districts. Where the standards of the overlay and base zoning districts are different, the more restrictive or stricter standard shall apply Old and Historic Fredericksburg District A. Purpose and Intent The Old and Historic Fredericksburg District (HFD) is established for the purpose of promoting the general welfare, education, and recreational benefit of the public through the recognition of this area of the City as having historic, architectural, and cultural significance. More specifically, the HFD overlay district is intended to: 1. Protect, restore, and preserve the architectural integrity of existing structures in the district; 2. Create an atmosphere for compatible growth for the future; 3. Prevent the intrusion of environmental influences adverse to the intent of the district; 4. Ensure that new structures and uses in the district will be in keeping with the character of the HFD; 5. Promote sustainable growth; and 6. Recognize, protect, and preserve the abundant evidences of the City's industrial history, including, but not limited to, mill sites, canals, locks, dams, and similar structures located along the Rappahannock River, within the designated HFD. B. Establishment of the HFD District Land shall be added to the HFD overlay district in accordance with the procedure in Section 72-23, Map Amendments, and this section. The boundaries of the HFD shall include districts, structures, and sites that: 1. Are associated with events that have made a significant contribution to the broad patterns of history; 2. Are associated with the lives of persons significant in the past; 3. Embody the distinctive characteristics of a type, period, or method of construction, represent the work of a master, possess exceptional artistic value, or represent a significant and distinguishable entity whose components may lack individual distinction; or 4. Have yielded, or may be likely to yield, information important in prehistory or history. C. Certificate of Appropriateness May Be Required The following forms of development, unless specifically exempted in accordance with the standards in this Ordinance, located on lands within the HFD overlay district shall be required to obtain a certificate of appropriateness, in accordance with the procedures and requirements in Section , Certificate of Appropriateness: 3-33

111 Section Overlay Zoning Districts Sub-section Old and Historic Fredericksburg District 1. New construction; 2. Additions or expansions to an existing principal structure; 3. Any changes (except painting) to the outside of a building visible from a public right-of-way, not to include alleys, or from public land; 4. Installation of a new fence or wall; or 5. Installation of a new sign. D. Overlay Standards Applied in Addition to Other Applicable District Standards 1. Lands within the HFD overlay district shall be subject to the standards in this section, the City of Fredericksburg Historic District Handbook, as well as all other applicable base and overlay zoning district standards in Article 72-3: Zoning Districts. 2. In the event of conflict between the standards in this section and any other applicable section of this Ordinance or other City regulation, the more restrictive standard shall apply. E. Components of HFD Overlay District The HFD overlay district shall consist of the following components, each of which has a unique character to be considered by the Architectural Review Board (ARB) in making decisions on certificates of appropriateness: 1. Downtown Historic District Component This component shall consist of that contiguous area along the Rappahannock River known generally as the historic downtown area and being more particularly described on that portion of the official zoning map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Old and Historic Fredericksburg District Boundary." 2. Old Mill Historic District Component This component shall consist of all those lots or parcels of land containing the following historic sites and being more particularly described on that portion of the official zoning map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Downtown Historic District Boundary: a. C. W. Wilder; Company Silk Mill/Klotz Throwing Company; b. Embrey Power Plant; c. Washington Woolen Mills; d. City Electric Light Works; e. Germania Mills; f. Knox's Mill; g. Bridgewater Mills; h. Indian Punch Bowl; i. Rappahannock Electric Light & Power Co.; j Dam and Gates; and k. Thornton's Mill. 3-34

112 Section Overlay Zoning Districts Sub-section Old and Historic Fredericksburg District 3. Old Walker-Grant Historic District Component This component shall consist of the contiguous area extending generally from Dunmore Street south to Hazel Run and from Dixon Street, at Charles Street, to the CSX Railroad right-of-way, as more particularly described on that portion of the official zoning map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Old and Historic Fredericksburg District Boundary." 4. Individual Historic Sites Component This component shall consist of those parcels of land containing the following historic sites and being more particularly described on that portion of the official zoning map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Old and Historic Fredericksburg District Boundary: a. 720 William Street (Stearns House); b Washington Avenue (Kenmore); c Washington Avenue; d Washington Avenue; e Washington Avenue; f Washington Avenue; g. 504 Hanover Street (Federal Hill); h. 620 Lewis Street; and i Fall Hill Avenue (Fall Hill). F. Use Regulations 1. Uses Permitted Any permitted use, and any use allowed with a special use permit in the underlying zoning district in which land is located shall also be allowed within the HFD. 2. Special Uses The following uses shall also be permitted in the HFD, in addition to those authorized within the underlying zoning district, subject to the approval of a special use permit in accordance with Section , Special Use Permits: a. Historic Dependency Lodging i ii No special use permit shall be granted pursuant to this subsection unless the property owner documents that the dependency was constructed before 1865 as a detached dependency; and The use provides at least one off-street parking space per lodging unit. b. Historic Dependency, Limited Office or Retail Use i No special use permit shall be granted pursuant to this paragraph unless the property owner documents that the dependency was constructed prior to 1865 as a detached dependency, and that said dependency has been used previously for commercial office or retail use. 3. Special Use Permit Procedure The ARB may review and make recommendations to the Planning Commission on any application for a special use permit in the HFD. 3-35

113 Section Overlay Zoning Districts Sub-section Railroad Station Overlay District 4. Application of Uniform Statewide Building Code Standards Nothing in this Ordinance shall be construed as preventing the application of the Uniform Statewide Building Code or other applicable ordinances to development in the HFD Railroad Station Overlay District A. Purpose and Intent The Railroad Station Overlay (RSO) district shall be established to facilitate development, redevelopment, and street geometry patterns that are consistent and compatible with each other and with existing development within the area of the CSX railroad station. This overlay district is created in order to provide for a transition between downtown and residential areas south of downtown. B. Overlay Standards Applied in Addition to Other Applicable District Standards Lands within the RSO district shall be subject to the standards in this section, as well as all other applicable base and overlay district standards. C. Dimensional Requirements Development in the RSO shall comply with the dimensional standards in Table C, Dimensional Standards in the RSO District: TABLE C, DIMENSIONAL STANDARDS IN THE RSO DISTRICT DIMENSIONAL STANDARD REQUIREMENT Minimum Lot Area None Minimum Lot Width None Front Setback, Minimum Within 25 percent of the front setback of adjacent lots Side Setback, Minimum 15 feet, when adjacent to a residential district Rear Setback, Minimum 25 feet, when adjacent to a residential district Floor Area Ratio, Maximum DU/AC for single- and multi-family development; Residential Density, Maximum 24 DU/AC within a mixed-use development (at least 30% of the ground floor used for retail sales, eating, or personal services establishments. Building Height, Maximum 40 feet Open Space, minimum 10% D. Additional Regulations Additional regulations for the RSO district shall be as follows: 1. No outdoor storage shall be permitted. 2. All refuse shall be contained in completely enclosed and screened facilities. 3-36

114 Section Overlay Zoning Districts Sub-section Floodplain Overlay District Floodplain Overlay District A. Purpose and Intent The Floodplain Overlay (FPO) District shall be established to protect those portions of the City that are subject to periodic inundation from floodwaters. The district provides development regulations with the objectives of maintaining community safety from floods and related dangers, protecting against loss of life, health, and property from floods and related dangers, preserving and protecting floodplains, and requiring appropriate construction practices to minimize flood damage. B. Description of District 1. Basis for Delineation of District The FPO district shall consist of all lands within the jurisdiction of the City subject to inundation by waters of the 100-year flood. The basis for the delineation of this district shall be: a. The Flood Insurance Rate Map for the City of Fredericksburg, Virginia, prepared by the Federal Emergency Management Agency, dated September 19, 2007, as amended. b. The insurance study, maps, and all notations, references and other data shown thereon are hereby incorporated by reference into this section and made a part of this Ordinance. 2. Flood Boundary Maps The flood boundary maps and studies shall be kept on file in the office of the Stormwater Administrator. C. District Components The FPO district shall consist of four separate components: the floodway, the flood fringe, the special floodplain district and the approximated floodplain. These four components shall be overlays to the existing underlying zoning districts as shown on the official zoning map approved by the City Council. The provisions set forth in this section for the FPO district shall serve as supplements to the underlying district provisions. 1. Floodway The floodway consists of that area within the floodplain capable of carrying the waters of a 100-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in the floodway are specifically defined in Table 2 of the flood insurance study referenced in subsection (2) above and shown on the accompanying flood boundary and floodway map. 2. Flood Fringe The flood fringe consists of that area within the 100-year floodplain not included in the floodway. The basis for the outermost boundary of the flood fringe shall be the 100-year flood elevations contained in the flood profiles of the flood insurance study referenced in subsection (2) above and as shown on the accompanying flood boundary and floodway map. 3. Special Floodplain District The special floodplain district is those areas identified as an AE Zone on the maps accompanying the Flood Insurance Study for which 100-year flood elevations have been provided but for which no floodway has been delineated. 3-37

115 Section Overlay Zoning Districts Sub-section Floodplain Overlay District 4. Approximated Floodplain The approximated floodplain consists of that area within the floodplain for which no detailed flood profiles or elevations are provided, but where a 100- year floodplain boundary has been approximated. Where the specific 100- year flood elevation and floodway cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers floodplain information reports, the U.S. Geological Survey flood prone quadrangles, etc., then the applicant for the proposed use, development, or activity shall determine this elevation in accordance with generally accepted hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by a professional who is licensed to prepare such a analyses, who shall certify that the technical methods used correctly reflect generally accepted technical standards. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the City. D. Changes to District Boundaries The delineation of the FPO district may be revised by the City Council where natural or manmade changes have occurred, more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an applicant has documented the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. E. Interpretation of District Boundaries Interpretations of the boundaries of the FPO district shall be made by the Stormwater Administrator. Any person aggrieved by a decision of the Stormwater Administrator may appeal his decision to the Board of Zoning Appeals (BZA) in accordance with Section Any person questioning or contesting the location of a district boundary shall be given a reasonable opportunity to present their case to the BZA and to submit technical evidence. F. Conflict In the event of a conflict between the provisions or requirements of the FPO district and those of any underlying district, the more restrictive provisions pertaining to the areas within the FPO district shall apply. G. Allowable Uses 1. All uses in the FPO shall require a zoning permit. 2. The Stormwater Administrator shall consider the impacts of the following factors: a. The Comprehensive Plan. b. The type of proposed structures or uses. c. The location of the proposed structures or uses. d. Flood frequency. e. The nature of flooding and historical flood impacts. f. Access to the site for the proposed land use. g. The nature and extent of proposed fill. h. The impact of the proposal on the floodplain. i. The potential increase in flood damage and risk of human life. 3-38

116 Section Overlay Zoning Districts Sub-section Floodplain Overlay District 3. No permit for new residential construction shall be granted if the lowest floor, including basement, of the proposed structure would be less than one and one-half feet above the water surface elevation of the 100-year flood. 4. No permit shall be granted for a nonresidential structure unless adequate floodproofing to the level of the 100-year flood is provided in accordance with the Virginia Uniform Statewide Building Code. H. General Regulations; Required Approvals; Application Requirements 1. No uses, activities, or development shall be established or conducted within the FPO district unless all required zoning approvals have been obtained. 2. All development shall be undertaken only in strict compliance with the provisions of this section and with all other applicable codes and ordinances, such as the Virginia Uniform Statewide Building Code. 3. Prior to the issuance of any permit or certificate, the Stormwater Administrator shall require all applications to include compliance with all applicable state and federal laws. 4. Prior to any proposed alteration or relocation of any channel of any watercourse, stream, etc., within the FPO district, all necessary permits from the U.S. Corps of Engineers, the Virginia Marine Resources Commission, and the state Water Control Board shall be obtained. In addition, notification of the proposal shall be given to all affected adjacent jurisdictions, the Division of Soil and Water Conservation of the Virginia Department of Conservation and Recreation, and the Federal Emergency Management Agency. 5. All applications for development in the FPO district shall incorporate the following information: a. For structures that have been elevated, the elevation of the lowest floor (including basement); b. For structures that have been floodproofed (nonresidential only), the elevation to which the structure has been floodproofed; c. The elevation of the 100-year flood; and d. Assurance that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. The Stormwater Administrator may require additional information from an applicant, including, but not limited to, an engineering study of the floodplain affected by the application. I. Standards for Development in Floodway 1. In the floodway, no development shall be permitted except where any increase in the base flood heights resulting from such development is fully offset by accompanying improvements which have been approved by all appropriate governmental authorities. 2. The placement of any manufactured home, except in an existing manufactured home park or subdivision, within the floodway is prohibited. 3-39

117 Section Overlay Zoning Districts Sub-section Floodplain Overlay District J. Standards for Development in Flood Fringe, Approximated Floodplain and Special Floodplain District 1. Within the Flood Fringe and Approximated Floodplain In the flood fringe and approximated floodplain, the development or use of land shall only be permitted if such use or development is undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances. 2. Within the Special Floodplain District a. Until a regulatory floodway is designated, no new construction, substantial improvements, or other development including fill, shall be permitted within the areas of special flood hazard, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City. b. Development activities in Zone AE on the City's Flood Insurance Rate Map which increase the water surface elevation of the base flood by more than one foot may be allowed, provided that an applicant first applies, with the City's endorsement, for a conditional Flood Insurance Rate Map revision, and receives the approval of the Federal Emergency Management Agency. K. Nonconforming Structures and Uses A structure or use of a structure or premises which lawfully existed in the FPO district prior to June 12, 1979, but which do not conform with the provisions of this section, may continue subject to the following conditions: 1. Existing structures or uses located in the floodway shall not be expanded or enlarged unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements. 2. Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure or use located in the FPO district to an extent or amount of less than 50 percent of the structure's fair market value shall be elevated or floodproofed, to the maximum extent practicable. 3. The modification, alteration, repair, reconstruction, or improvement of any kind to a structure or use, regardless of its location in the FPO district, to an extent or amount of 50 percent or more of the structure's fair market value shall be undertaken in compliance with the provisions of the Virginia Uniform Statewide Building Code to the greatest extent practicable. L. Design Criteria for Utilities and Public Facilities 1. Sanitary Sewer Facilities All new or replacement sanitary sewer facilities (including pumping stations and collector systems) shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into the floodwaters. In addition, they shall be located and constructed to minimize or eliminate flood damage and impairment. 3-40

118 Section Overlay Zoning Districts Sub-section Floodplain Overlay District 2. Water Facilities All new or replacement water facilities shall be designed to minimize or eliminate infiltration of floodwaters into the system and be located and constructed to minimize or eliminate flood damage. 3. Drainage Facilities All storm drainage facilities shall be designed and constructed in accordance with an approved stormwater management plan and applicable state regulations. Such facilities shall convey the flow of surface waters without damage to persons or property. The systems shall ensure drainage away from buildings and on-site waste disposal sites. The City Council may require a primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with the City's comprehensive stormwater facilities plan and regional drainage plans approved by the City. The facilities shall be designed to prevent the discharge of excess runoff onto adjacent properties. 4. Utilities All utilities such as gas lines, electrical systems and telephone systems being placed in flood prone areas shall be located, elevated (where possible), and constructed to minimize the chance of impairment during a flooding occurrence. 5. Streets and Sidewalks Streets and sidewalks should be designed to minimize their potential for increasing or aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood heights. M. Special Exceptions 1. The BZA shall have the authority to grant special exceptions to this section, except that no special exception shall be granted for any proposed use, development, or activity within the floodway that will cause an increase in flood levels during a 100-year flood. 2. Any special exception granted shall be the minimum necessary, considering the flood hazard, to afford the relief sought by the applicant. 3. In considering and deciding applications for special exceptions under this section, the BZA shall consider the following factors: a. The danger to life and property due to increased flood heights or velocities caused by encroachments; b. The danger that materials may be swept on to other lands or downstream to the injury of others; c. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; d. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on individual property owners; e. The importance of the services provided by the proposed facility to the community; f. The requirements of the facility for a waterfront location; g. The availability of alternative locations for the proposed use not subject to flooding; 3-41

119 Section Overlay Zoning Districts Sub-section Wetlands Overlay District h. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; i. The consistency of the proposed use with the City's adopted Comprehensive Plan; j. The safety of access to the property in time of floods by ordinary and emergency vehicles; k. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; l. Such other factors as are relevant to the purposes of this section; and m. The repair or rehabilitation of historic buildings upon a determination that the proposed repair or rehabilitation will not preclude the building s continued designation as a historic building and the exception is the minimum necessary to preserve the historic character and design of the building. 4. The BZA may refer any request for a special exception to any design professional or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, the adequacy of the plans for flood protection, and other related matters. 5. The BZA shall inform the applicant that the issuance of a special exception to construct a structure below the 100-year flood elevation increases risks to life and property and will result in increased premium rates for flood insurance. 6. A record of the notification required by subsection (5) above, as well as all special exception actions, including justification for their issuance, shall be maintained by the BZA. Any special exception which is issued shall be noted in the annual report submitted to the Federal Emergency Management Agency Wetlands Overlay District A. Purpose and Intent The governing body of the City of Fredericksburg, acting pursuant to Chapter 13 (Section et seq.) of Title 28.2 of the Code of Virginia, adopts this ordinance regulating the use and development of wetlands. B. Definitions The following terms apply to this ordinance, unless the context requires a different meaning: 1. Commission The Virginia Marine Resources Commission 2. Commissioner The Commissioner of Marine Resources 3. Governmental activity Any of the services provided by the City of Fredericksburg to its citizens for the purpose of maintaining the City of Fredericksburg, including but not limited to such services as constructing, repairing and maintaining roads; providing sewage facilities and street lights; supplying and treating water; and constructing public buildings. 3-42

120 Section Overlay Zoning Districts Sub-section Wetlands Overlay District 4. Nonvegetated wetlands Unvegetated lands lying contiguous to mean low water and between mean low water and mean high water. 5. Person Any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity. 6. Vegetated wetlands Lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor one and one-half times the mean tide range at the site of the proposed project in the City of Fredericksburg and upon which is growing any of the following species: saltmarch cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata, big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile edentula), southern wildrice (Zizaniopsis miliacea), cattail (Typha spp.), three-square (Scirpus spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), march fleabane (Pluchea purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar s tick (Bidens sp.), smartweed (Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis), or switch grass (Panicum virgatum). 7. Wetlands Both vegetated and nonvegetated wetlands. 8. Wetlands board, or board A board created pursuant to Code of Virginia Section C. Applicability The following uses of and activities in wetlands are authorized, if otherwise permitted by law: 1. The construction and maintenance of noncommercial catwalks, piers, boathouses, boat shelters, fences, duckblinds, wildlike management shelters, footbridges, observation decks and shelters and other similar structures, provided that such structures are so constructed on pilings as to permit the reasonably unobstructed flow of the tide and preserve the natural contour of the wetlands; 2. The cultivation and harvesting of shellfish, and worms for bait; 3. Noncommercial outdoor recreational activities, including hiking, boating, trapping, hunting, fishing, shellfishing, horseback riding, swimming, skeet and trap shooting, and shooting on shooting preserves, provided that no structure shall be constructed except as permitted in ; 4. Other outdoor recreational activities, provided they do not impair the natural functions or alter the natural contours of the wetlands; 5. Grazing, haying, and cultivating and harvesting agricultural, forestry or horticultural products; 3-43

121 Section Overlay Zoning Districts Sub-section Wetlands Overlay District 6. Conservation, repletion and research activities of the Commission, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries and other conservation-related agencies; 7. The construction or maintenance of aids to navigation that are authorized by governmental authority; 8. Emergency measures decreed by any duly appointed health officer of a governmental subdivision acting to protect the public health; 9. The normal maintenance and repair of, or addition to, presently existing roads, highways, railroad beds, or facilities abutting on or crossing wetlands, provided that no waterway is altered and no additional wetlands are covered; 10. Governmental activity in wetlands owned or leased by the Commonwealth or a political subdivision thereof; and 11. The normal maintenance of man-made drainage ditches, provided that no additional wetlands are covered. This paragraph does not authorize the construction of any drainage ditch. D. Procedures for Review 1. Any person who desires to use or develop any wetland within the City of Fredericksburg, other than for the purpose of conducting activities specified in , shall first file an application for a permit with the Stormwater Administrator. 2. The permit application shall include the following: a. The name and address of the applicant; b. A detailed description of the proposed activities; c. A map, drawn to an appropriate and uniform scale, showing the area of wetlands directly affected, the location of the proposed work thereon, the area of existing and proposed fill and excavation, the location, width, depth and length of any proposed channel and disposal area, and the location of all existing and proposed structures, sewage collection and treatment facilities, utility installations, roadways, and other related appurtenances or facilities, including those on adjacent uplands; d. A description of the type of equipment to be used and the means of equipment access to the activity site; e. The names and addresses of owners of record of adjacent land and known claimants of water rights in or adjacent to the wetland of whom the applicant has notice; f. An estimate of cost; g. The primary purpose of the project; h. Any secondary purposes of the project, including further projects; i. The public benefit to be derived from the proposed project; j. A complete description of measures to be taken during and after the alteration to reduce detrimental offsite effects; k. The completion date of the proposed work, project, or structure; and l. Such additional materials and documentation as the wetlands board may require. 3. A nonrefundable processing fee shall accompany each permit application. The fee shall be set by the City of Fredericksburg, with due regard for the services to be rendered, including the time, skill, and administrator s expense involved. 3-44

122 Section Overlay Zoning Districts Sub-section Wetlands Overlay District 4. All applications, maps, and documents submitted shall be open for public inspection in the office of the Stormwater Administrator. 5. Not later than 60 days after an application has been officially submitted, the wetlands board shall hold a public hearing on the application. The applicant, local governing body, Commissioner, owner(s) of record of any land adjacent to the wetlands in question, known claimants of water rights in or adjacent to the wetlands in question, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries, the Water Control Board, the Department of Transportation, and any governmental agency expressing an interest in the application shall be notified of the hearing. The board shall mail these notices not less than 20 days prior to the date set for the hearing. The wetlands board shall also cause notice of the hearing to be published at least once a week for two weeks prior to such hearing in a newspaper of general circulation in the City of Fredericksburg. The published notice shall specify the place or places within the City of Fredericksburg where copies of the application may be examined. The costs of publication shall be paid by the applicant. 6. Approval of a permit application shall require the affirmative vote of three members of a five-member board or four members of a seven-member board. 7. The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. Any person may testify at the public hearing. Each witness at the hearing may submit a concise written statement of his testimony. The board shall make a record of the proceeding, which shall include the application, any written statements of witnesses, a summary of statements of all witnesses, the findings and decision of the board, and the rationale for the decision. 8. The board shall make its determination within 30 days of the hearing. If the board fails to act within that time, the application shall be deemed approved. Within 48 hours of its determination, the board shall notify the applicant and the Commissioner of its determination. If the board fails to make a determination within the 30-day period, it shall promptly notify the applicant and the Commission that the application is deemed approved. For the purposes of this section, act means taking a vote of the application. If the application receives less than four affirmative votes from a seven-member board or less than three affirmative votes from a five-member board, the permit shall be denied. 9. If the board s decision is reviewed or appealed, the board shall transmit the record of its hearings to the Commissioner. Upon a final determination by the Commission, the record shall be returned to the board. The record shall be open for public inspection at the Office of Planning and Community Development. 10. The board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it, securing to the Commonwealth compliance with the conditions and limitations set forth in the permit. The board may, after a hearing held pursuant to this ordinance, suspend or revoke a permit if the applicant has failed to comply with any of the conditions or limitations set forth in the permit or has exceeded the scope of work described in the application. The board may, after a hearing, suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application. 3-45

123 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District E. Standards for Review 1. In fulfilling its responsibilities under this ordinance, the board shall preserve and prevent the despoliation and destruction of wetlands within its jurisdiction, while accommodating necessary economic development in a manner consistent with wetlands preservation. 2. In deciding whether to grant, grant in modified form, or deny a permit, the board shall consider the following: a. The testimony of any person in support of or in opposition to the permit application; b. The impact of the proposed development on the public health, safety, and welfare; and c. The proposed development s conformance with the standards prescribed in Code of Virginia Section and the guidelines promulgated in Code of Virginia Section The board shall grant the permit if all of the following criteria are met: a. The anticipated public and private benefit of the proposed activity exceeds its anticipated public and private detriment. b. The proposed development conforms with the standards prescribed in Code of Virginia Section and the guidelines promulgated in Code of Virginia Section c. The proposed activity does not violate the purposes and intent of this ordinance or Chapter 13 (Section et seq.) of Title 28.2 of the Code of Virginia. 4. If the board finds that any of the criteria listed in 515.B.5.c of this section are not met, the board shall deny the permit application, but allow the applicant to resubmit the application in modified form. F. Standards for Issuance of Permit 1. The permit shall be in writing, signed by the chairman of the board or his authorized representative, and notarized. A copy of the permit shall be transmitted to the Commissioner. 2. No permit shall be granted without an expiration date established by the board. Upon proper application, the board may extend the permit expiration date. 3. No permit granted by the wetlands board shall in any way affect the applicable zoning and land use ordinances of the City of Fredericksburg or the right of any person to seek compensation for any injury in fact incurred by him because of the proposed activity Chesapeake Bay Preservation Overlay District A. Purpose and Intent The Chesapeake Bay Preservation Overlay (CBPO) district is created for the following purposes: 1. Protecting sensitive environmental lands within the City; 2. Safeguarding the quality of state waters, including the Chesapeake Bay and the Rappahannock River; 3. Reducing existing pollution of state waters; and 3-46

124 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District 4. Promoting water resource conservation for the health, safety, and welfare of all present and future citizens of the City. B. Applicability The continued pollution of the Chesapeake Bay and its tributaries, including the Rappahannock River, and the adoption of the Chesapeake Bay Preservation Act (Code of Virginia Section ), requiring the City's passage of this section, constitutes a change in circumstances substantially affecting the public health, safety, and welfare of the citizens of the City. As a result, the standards in this section shall apply to all lands designated to be within the CBPO boundary, including lands rezoned by the City prior to October 8, C. Applied in Addition to Other Zoning District Standards 1. The CBPO standards in this section shall be applied in addition to all other applicable base and overlay zoning district standards. 2. In cases where a portion of a lot or site is within the CBPO district boundary, the entire lot or site shall be considered within the CBPO district boundary. D. Description of CBPO District Boundaries 1. Generally The CBPO district shall consist of all lands designated by City Council as resource protection areas and resource management areas and shown on the official maps known as the "Chesapeake Bay Preservation Area Maps." Such maps are hereby incorporated by reference and made a part of this Ordinance. 2. Resource Protection Areas Resource protection areas (RPAs) shall include the following land categories: a. Tidal wetlands; b. Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; c. Tidal shores; d. Such other lands meeting the definition of 'resource protection area' that the Development Administrator determines are necessary to protect the quality of state waters; and e. Vegetated buffer areas 100 feet in width, located adjacent to and landward of RPAs, and along both sides of any water body with perennial flow. Designation of the components listed in subsections D.2 above shall not be subject to modification unless based on reliable site-specific information provided by a water quality impact assessment 3. Resource Management Areas Resource management areas (RMAs) may include the following land categories: a. 100-year floodplains; b. Highly erodible soils, including lands with slopes 25 percent or greater; c. Highly permeable soils; and d. Ponds, nontidal wetlands, intermittent streams and such other lands meeting the definition of "resource management area" that the City Council determines are necessary to protect the quality of state waters. 3-47

125 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District 4. Intensely Developed Areas Intensely developed areas (IDAs) shall consist of those portions of resource protection areas meeting the definition of "intensely developed area" and that have been so designated by the City Council and shown on the City's Chesapeake Bay preservation area maps. E. Interpretation of Resource Protection Area Boundaries 1. Generally The CBPO map may be used as a guide to the general location of resource protection areas. However, the site-specific boundaries of the resource protection area shall be determined by the applicant through the performance of an environmental site assessment or water quality impact assessment, subject to approval by the Development Administrator and in accordance with this section. 2. Construction of Single-Family Dwelling The Development Administrator may waive the requirement for an environmental site assessment and perform the delineation, when requested by the applicant wishing to construct a single-family dwelling. The Development Administrator may use hydrology, soils, plant species, and other data, and consult with other appropriate resources, as needed, to perform the delineation. F. Permitted and Special Uses Permitted uses, special permit uses, and additional regulations within the CBPO district shall be established by the underlying base or overlay zoning district, unless specifically modified by the requirements of this section. G. Facilities Permitted in Resource Protection Areas 1. Generally The only facilities allowed within resource protection areas in the CBPO district shall consist of: a. Water-dependent facilities; b. Redevelopment that neither increases the amount of impervious cover nor encroaches further within the RPA; c. Passive recreation facilities, such as boardwalks, trails, and pathways; and d. Flood control or stormwater management facilities. 2. Water-Dependent Facilities A new or expanded water dependent facility may be allowed provided that the following criteria are met: a. It does not conflict with the Comprehensive Plan; b. It complies with the performance criteria set forth in this section; c. Any non-water-dependent component is located outside of the RPA; and d. Access to the water-dependent facility will be provided with the minimum disturbance necessary. Where practicable, a single point of access will be provided. 3-48

126 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District 3. Redevelopment Redevelopment on isolated redevelopment sites outside of locally designated "intensely developed areas" sites shall be permitted only if: a. There is no increase in the amount of impervious cover; b. There is no further encroachment within the RPA; and c. It conforms to the stormwater management requirements in Section , Stormwater. 4. Wells, Passive Recreation, and Historic Preservation Water wells, passive recreation facilities such as boardwalks, trails, and pathways, and historic preservation and archaeological activities may be permitted in the RPA provided that they comply with the following: a. Any required permits, shall have been issued; b. Sufficient and reasonable proof is submitted that the intended use will not deteriorate water quality; c. The intended use does not conflict with nearby planned or approved uses; and d. Any land disturbance exceeding an area of 2,500 square feet shall comply with the City s erosion and sediment control requirements. 5. Flood Control and Stormwater Management Facilities Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in the RPA provided that the following conditions are met: a. The City has conclusively established that the location of the facility within the RPA is the optimum location; b. The size of the facility is the minimum necessary to provide necessary flood control, stormwater management, or both; c. The facility is consistent with the City's stormwater management program that has been approved by CBLAB as a phase I program modification; d. All applicable permits for construction have been obtained from the appropriate state and federal agencies; e. The City has approved the project prior to construction; and f. Routine maintenance will be performed to assure that these facilities continue to perform as designed. H. Development Standards in the CBPO The following additional design standards shall be required and provided for in the site plan and shall apply to all development and redevelopment within the CBPO district: 1. Land disturbance shall be limited to the area necessary to provide for the proposed development or redevelopment as follows: a. In accordance with an approved site plan, the limits of land disturbance, including clearing or grading, shall be strictly defined by the construction footprint. These limits shall be clearly shown on the site plan and physically marked on the development site as directed by the Development Administrator; b. The construction footprint shall not exceed 70 percent of the site; and 3-49

127 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District c. Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the Development Administrator. 2. Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the use and development permitted and in accordance with the current edition of the Virginia Erosion and Sediment Control Handbook of the Virginia Department of Conservation and Recreation as follows: a. Trees over eight inches diameter at breast height shall be preserved outside the construction footprint, unless otherwise authorized by the Development Administrator. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed. b. Prior to clearing or grading, suitable protective barriers shall be erected five feet outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier. 3. Land development shall minimize impervious cover to promote infiltration of stormwater into the ground, consistent with the use or development permitted. 4. Nonpoint source pollution shall be controlled in accordance with the water quality provisions of the Virginia Stormwater Management Regulations by the use of best management practices to achieve the following: a. For development, the post-development nonpoint source pollution runoff load shall not exceed the pre-development load, based upon the average land cover conditions of the Chesapeake Bay Watershed, as calculated by the Chesapeake Bay local assistance department of the Commonwealth of Virginia; b. For redevelopment of land that has been previously developed, the nonpoint source pollution load shall be reduced by at least ten percent; and c. For redevelopment, both the pre- and post-development loadings shall be calculated by the same procedures. However, where the design data is available, the original post-development nonpoint source pollution loadings may be substituted for existing development loadings; 5. Prior to initiating grading or other on-site land disturbing activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such permits submitted to the Development Administrator as part of site plan review. 6. To the extent feasible, water lines, sewer lines, local gas transmission lines shall: a. Be located outside of resource protection areas; b. Disturb no more land than is necessary to provide for installation; c. Be designed in a manner that protects water quality; and d. Comply with the City s soil erosion and sediment control standards if the installation disturbs more than 2,500 square feet of land. 3-50

128 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District 7. Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures shall be constructed and maintained in accordance with: a. Regulations promulgated pursuant to the Erosion and Sediment Control Law (Section et seq., Code of Virginia, as amended.); b. The Stormwater Management Act (Section et seq., Code of Virginia, as amended); c. An erosion and sediment control plan and a stormwater management plan approved by the Virginia Department of Conservation and Recreation; or d. Local water quality protection criteria at least as stringent as the above state requirements; 8. Any exemption of public roads is conditioned on a design that prevents or otherwise minimizes encroachment into the resource protection area and minimizes any adverse effects on water quality, consistent with all applicable requirements. I. Resource Protection Area Buffer Requirements 1. Buffer Required a. To minimize the adverse effect of human activities on the other components of resource protection areas, state waters, and aquatic life, a vegetated buffer area that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be: i ii Retained, if such buffer area exists on the effective date of this section; or Established at the time of development or redevelopment. b. Such buffer areas shall be designated as the landward components of RPAs and shall be located adjacent to and landward of other RPA components, including both sides of any water body with perennial flow. c. A 100-foot buffer area shall be deemed to achieve a 75 percent reduction of sediments and a 40 percent reduction of nutrients. 2. Vegetation Removal In order to maintain the functional value of buffer areas, indigenous vegetation may be removed, subject to approval by the Development Administrator, to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those designed to prevent upland erosion and concentrated flows of stormwater, as follows: a. Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff; b. Any path shall be constructed and surfaced so as to effectively control erosion; 3-51

129 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District c. Dead, diseased, or dying trees or shrubbery may be removed; thinning of trees may be allowed in accordance with sound horticultural standards; and d. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements. e. In IDAs, the Development Administrator shall have the authority to require the establishment of vegetation within the 100-foot wide buffer area. Consideration shall be given to establishing vegetation in such areas over time in order to maximize water quality protection, pollutant removal, and water resource conservation. 3. Permitted Encroachments into the Buffer a. Where the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989, encroachments into the buffer area may be permitted by the Development Administrator, in accordance with the following criteria: i ii iii Encroachments into the buffer area shall the minimum necessary to achieve a reasonable buildable area for the principal structure and necessary utilities; Where practicable, a vegetation area that will maximize water quality protection, mitigate the effects of the buffer encroachment, and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel; and No encroachment may extend into the seaward 50 feet of the buffer area. b. Where the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and March 1, 2002, encroachments into the buffer area may be permitted by the Stormwater Administrator, in accordance with the following criteria: i ii iii iv J. Exceptions to RPA Standards The lot or parcel was created as a result of a legal process conducted in conformity with this Ordinance; The conditions or mitigation measures imposed through a previously approved special exception, variance, or other City approval under this Ordinance have been fully met; If the use of a best management practice was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, reestablished or repaired and maintained as required; and The criteria in subsections (a)(i) above shall be met. 1. A request for an exception to the RPA standards in Section (I) above shall be made in writing to the Development Administrator. It shall identify the impacts of the proposed exception on water quality and on lands within the resource protection area through the performance of a water quality impact assessment which complies with the provisions of Section (L)(2) and (L)(3) below. 3-52

130 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District 2. The City shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with Section of the Code of Virginia, as amended, except that only one hearing shall be required. 3. The Board of Zoning Appeals (BZA) shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the BZA finds: a. Granting the exception will not confer upon the applicant any special privileges denied by this article to other property owners in the overlay district; b. The exception request is not based on conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels; c. The exception request is the minimum necessary to afford relief; d. The exception request will be in harmony with the purpose and intent of the overlay district, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and e. Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. 4. If the BZA cannot make the required findings or refuses to grant the exception, the Development Administrator shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant. 5. A request for an exception to any requirements of this section (other than those related to RPA in Section (I) above) shall be made in writing to the Development Administrator. The BZA may grant these exceptions provided that: a. Exceptions to the requirements are the minimum necessary to afford relief. b. Reasonable and appropriate conditions are placed upon any exception that is granted, as necessary, so that the purposed and intent of this article is preserved. K. Review of State Projects and Exempt Uses 1. Notwithstanding any other provision of law to the contrary, the Development Administrator shall require all agencies of the Commonwealth and shall request all federal agencies, railroads, and public utilities proposing to undertake development or redevelopment within the CBPO district to submit the site plan information required by this section, mutatis mutandis, to the City in order for the Development Administrator to determine whether such development or redevelopment is consistent with the provisions of this section. 2. For all state projects, the Development Administrator shall transmit the results of review to the state Council on the Environment or other appropriate state agencies responsible for ensuring consistency of state projects with the City's Chesapeake Bay Preservation Ordinance, as required by Code of Virginia Section

131 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District 3. The City Manager shall communicate periodically at least annually with all railroads, public utilities, the state department of transportation, and all other federal, state and local agencies and departments which could reasonably be expected to undertake development or redevelopment within the CBPO district and inform such entities of the terms of the City's CBPO and any amendments thereto. 4. It shall be the intent of this section for the Development Administrator to seek voluntary compliance by such entities with the provisions of this section. L. Site Plan Requirements in the CBPO 1. General Information If any proposed development or redevelopment within the CBPO district exceeds 2,500 square feet of land disturbance, then the following additional information shall be submitted as all or part of the site plan required by this section: a. An environmental site assessment, drawn to scale and field verified, which clearly delineates: i ii iii iv v vi vii Tidal wetlands; Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or any water bodies of perennial flow, consistent with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, (1987), as hereafter amended; Tidal shores; Other lands designated by the City Council as resource protection areas and shown on the official maps known as the Chesapeake Bay Preservation Maps; Buffer areas located adjacent to and landward of the components listed in subsections a. through d. above; One-hundred year floodplains, highly erodible soils, highly permeable soils, ponds, nontidal wetlands, and intermittent streams. Any other related information requested by the Development Administrator; b. A vegetation plan, certified by a design professional, meeting the following requirements: i ii The plan shall be drawn to scale and shall clearly set forth the location, size, and description of existing and proposed plant material and all existing trees on the site eight inches or greater in diameter at breast height. Where there are groups of trees, stands may be outlined instead. Trees eight inches or greater in diameter at breast height to be preserved outside of the construction footprint shall be indicated. Trees to be removed to create a desired construction footprint shall be clearly delineated; The buffer area shall be clearly delineated, as well as any plant material to be added in order to establish or supplement such buffer area; 3-54

132 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District iii iv v Within buffer areas, trees to be removed for sight lines, vistas, access paths, shoreline stabilization projects, or best management practices required by this division shall be shown. Vegetation required by this Ordinance to replace existing trees within the buffer area shall also be depicted; The plan shall depict grade changes or other work adjacent to trees that would adversely affect them. Specifications shall be provided as to how grade, drainage, and aeration will be maintained around trees to be preserved; The plan shall include specifications for the protection of existing trees during clearing, grading, and all phases of construction; c. A nonpoint source pollution control plan containing the following elements: i ii iii iv The location and design of all planned nonpoint source pollution control devices; Procedures for implementing nonstructural nonpoint source pollution control practices and techniques; Pre- and post-development nonpoint source pollutant loadings, with supporting documentation of all utilized coefficients and calculations; and Appropriate design calculations performed in accordance with procedures outlined in the current edition of the Local Assistance Manual of the Chesapeake Bay Local Assistance Department or any other engineering method deemed appropriate by the Development Administrator; and d. Evidence that all wetlands permits required by law have been obtained. 2. Water Quality Impact Assessment a. A water quality impact assessment shall be required for any development which will result in any land disturbance within an RPA and for any other development within the CBPO district where the Development Administrator deems such assessment necessary. The assessment shall identify the impacts of the proposed development on water quality and lands within RPAs and set forth specific measures for mitigating such impacts. b. A minor water quality impact assessment shall be required if the proposed development will result in: i ii An encroachment into any portion of a buffer area lying more than 50 feet from an RPA feature; and The disturbance of less than 10,000 square feet of land. c. A minor water quality impact assessment shall include a site drawing to scale that shows the following: i The location of the components of the RPA, including all vegetated buffer areas; 3-55

133 Section Overlay Zoning Districts Sub-section Chesapeake Bay Preservation Overlay District ii iii iv The location and nature of the proposed encroachment into the buffer area, including: type of paving material; areas of clearing or grading; and location of any structures, drives, or other impervious cover; The type and location of the proposed best management practices to mitigate the proposed encroachment; and Any other relevant information requested by the Development Administrator. d. A major water quality impact assessment shall be required if the proposed development; i ii iii Will result in an encroachment into any portion of the buffer area lying more than 50 feet from an RPA feature and in the disturbance of more than 10,000 square feet of land; Will result in the disturbance of any portion of the buffer area lying within 50 feet of an RPA feature or any other component of a resource protection area other than an encroachment into any portion of the buffer area lying more than 50 feet from an RPA feature; or Is located, in whole or in part, within a resource management area and the Development Administrator determines that a major water quality impact assessment is warranted due to the unique characteristics of the site or the intensity of the proposed use or development. 3. Water Quality Impact Assessment Contents A major water quality impact assessment shall include the following information and elements: a. All information required for a minor water quality impact assessment under Section (L)(2)(c) above; b. A hydrogeological survey that: i ii iii iv v vi vii viii ix x Describes the existing topography, soils, hydrology, and geology of the site and adjacent lands; Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands; Indicates any proposed disturbance or destruction of wetlands and the justification for such action; Indicates any proposed disruption or reduction in the supply of water to wetlands, streams, lakes, rivers or other water bodies; Indicates any proposed disruption to existing hydrology, including wetland and stream circulation patterns; Indicates the source location and description of proposed fill material; Indicates the proposed location of dredge material and location of dumping areas for such material; Indicates the location of and potential impacts on shellfish beds, submerged aquatic vegetation, and fish spawning areas; Indicates an estimate of pre- and post-development pollutant runoff loads; Indicates an estimate of the percentage increase in impervious 3-56

134 Section Overlay Zoning Districts Sub-section Gateway Corridor Overlay District xi xii xiii surface on the site and the proposed types of surfacing materials to be used; Indicates the percentage of the site to be cleared; Indicates the anticipated duration and phasing schedule of construction; Indicates a listing of all required permits from all applicable agencies necessary to develop the project; and c. Describes the proposed mitigation measures for the potential hydrogeological impacts; d. Includes a vegetation survey that: i ii iii iv v Identifies and delineates the location of all significant plant material on site, including all trees eight inches or greater in diameter at breast height or, where there are groups of trees, an outline of stands; Describes the potential impacts of the proposed development or use on existing vegetation; Describes the general limits of clearing; Provides a clear delineation of trees to be removed; and Describes the plant species to be disturbed or removed; e. Describes the potential mitigation measures for the potential impacts on existing vegetation; and f. Any other relevant information requested by the Development Administrator Gateway Corridor Overlay District A. Purpose and Intent The Gateway Corridor Overlay (GCO) district is hereby created to provide additional architectural and site requirements for development and redevelopment along key highways and roads leading into the City's central business and historic district in order to reduce visual clutter, to promote public safety, and to preserve the aesthetic, natural, and historic values of the overlay district by: 1. Encouraging a mixture of land uses with adequate buffering, screening, and landscaping to help reduce the visual impacts of development; 2. Requiring site development, layout, and design that will reduce traffic congestion and promote safer driving conditions; 3. Enhancing the overall appearance and natural environment of the City's gateway corridors in order to make them more inviting to tourists and other visitors; 4. Promoting development and redevelopment that is compatible with and sensitive to the natural and historic resources of the district and the neighborhoods; 5. Encouraging well-planned development that employs consistent and unifying site design themes and practices and that provides quality site amenities (e.g., ornamental lighting, pedestrian walkways, and gardens); and 6. Promoting development that utilizes structural and landscape improvements to enhance the visual appearance of such development and to complement other new development within the corridor. 3-57

135 Section Overlay Zoning Districts Sub-section Gateway Corridor Overlay District B. Applicability 1. In General a. Except for uses identified in subsection (b) Exemptions below, all lands located within the GCO as designated on the official zoning map shall be subject to these standards. b. These GCO standards shall apply in addition to any other applicable base and overlay zoning district standards. 2. Exemptions Single-family detached dwellings shall be exempt from Building Elements (orientation, treatment, entrances/windows) guidelines in the Design Guidelines for each corridor. (Ord. No , ) 3. Conflict with Other Provisions In the event of conflict between the provisions of this section and another City ordinance or regulation, the more restrictive provision shall control. C. Procedure for Review New development or redevelopment, signs, façade changes, and lighting visible from a public right-of-way within the GCO district proposed within the GCO shall be reviewed in accordance with the standards and requirements in Section , Corridor Design Review. D. Sub-districts Distinguished The GCO shall be comprised of a series of sub-districts, each with unique development and design standards. The sub-districts comprising the GCO include the following: 1. Cowan Boulevard Corridor The Cowan Boulevard Corridor sub-district shall include all lands beginning at the intersection of Jefferson Davis Highway (U.S. Route 1 Bypass) and Cowan Boulevard and running along Cowan Boulevard in a northwesterly direction to its intersection with Interstate Route 95. The district shall extend back on each side of Cowan Boulevard a distance of 500 feet, as measured from the edge of the public right-of-way, and being more particularly described on that portion of the official zoning map of the City consisting of a map entitled City of Fredericksburg, Virginia, Official Zoning Overlay Map, Cowan Boulevard Gateway Corridor Boundary. 2. Fall Hill Avenue Corridor The Fall Hill Avenue Corridor sub-district shall include all lands beginning at the intersection of Fall Hill Avenue and Riverside Drive and running along Fall Hill Avenue in a westerly direction to its intersection with Interstate Route 95. The district shall extend back on each side of Fall Hill Avenue a distance of 500 feet, as measured from the edge of the public right-of-way, and being more particularly described on that portion of the official zoning map of the City consisting of a map entitled City of Fredericksburg, Virginia, Official Zoning Overlay Map, Fall Hill Avenue Gateway Corridor Boundary. 3. Princess Anne Street Corridor The Princess Anne Street Corridor sub-district shall include all lands beginning at the intersection of Jefferson Davis Highway (U. S. Route 1 Bypass) and Princess Anne Street and running along Princess Anne Street in a southerly direction to its intersection with Fauquier Street. The district shall 3-58

136 Section Overlay Zoning Districts Sub-section Gateway Corridor Overlay District include those properties that are contiguous to Princess Anne Street being more particularly described on that portion of the official zoning map of the City consisting of a map entitled City of Fredericksburg, Virginia, Official Zoning Overlay Map, Princess Anne Street Gateway Overlay Corridor. 4. Lafayette Boulevard Corridor The Lafayette Boulevard Corridor sub-district shall include all lands beginning at the intersection of Lafayette Boulevard and Prince Edward Street and running along Lafayette Boulevard in a westerly direction to the City/County line. The district shall include those properties that are contiguous to Lafayette Boulevard being more particularly described on that portion of the official zoning map of the City consisting of a map entitled City of Fredericksburg, Virginia, Official Zoning Overlay Map, Lafayette Boulevard Corridor Overlay District. E. Prohibited Uses Notwithstanding the provisions of Section 72-62, Nonconforming Uses, or Article 72-4, Sections and 72-42, Principle & Accessory Use, the following uses are expressly prohibited within the gateway corridors overlay district: 1. Outside storage or display of products, goods, or materials; 2. Temporary signs, portable signs, flags, pennants, banners, or any other devices designed and used to attract the attention of the public, except as otherwise permitted under this article; 3. Outside speakers that are audible beyond the boundaries of the property on which they are located; and 4. Transmission towers. F. Additional Standards for the Cowan Boulevard and Fall Hill Avenue Corridor Sub-districts Development on parcels within the Cowan Boulevard and Fall Hill Avenue Corridor Sub-districts shall comply with the following: 1. Streetscape Buffers The front yard setback areas within the GCO shall be reserved for streetscape buffers consisting primarily of landscaped open space and berms, but may also include amenities such as sidewalks, trails, utilities, and lighting, in accordance with the following standards: a. A streetscape buffer, comprised of trees and shrubs, shall be provided where needed to screen parking areas, electrical, and mechanical devices. b. Each streetscape buffer shall incorporate at least one large shade tree of two inches in diameter DBH for every 30 linear feet of road frontage (excluding driveways). c. Above-grade streetscape buffers along the Cowan Boulevard and Fall Hill Avenue Corridors shall include berms at least three feet in height. The height and design of such berms and all vegetation planted thereon shall be approved by the Development Administrator. d. Vegetation planted within the streetscape buffer shall be of a type and positioned so that, when fully grown, it will not interfere with existing overhead or underground utility lines. e. All electrical, data, and mechanical devices taller than one foot in height and located within the streetscape buffer shall be screened with landscaping. 3-59

137 Section Overlay Zoning Districts Sub-section Gateway Corridor Overlay District f. No chain link, vinyl, or plastic fencing shall be permitted within the streetscape buffer area. g. Landscaped entrance areas shall be irrigated and properly maintained. Xeriscaping practices shall be encouraged, as practicable. h. The streetscape buffer shall be properly maintained and any landscaping that dies or is substantially destroyed shall be replaced with like species. (Ord. No , ) 2. Vehicular Access Vehicular use areas shall be provided, in accordance with the requirements set forth in Article To the maximum extent practicable, vehicular access to lots along gateway corridors shall be provided by means of shared curb cuts so as to limit the number of individual entrances onto such corridors. 3. Exterior Lighting Exterior lighting shall comply with the maximum illumination standards in Section 72-58, Exterior Lighting. 4. Screening a. On lands zoned for office, commercial, or multi-family residential use, heating and air conditioning units, ventilation units, mechanical equipment, loading dock and service areas, trash containers, and security fencing (e.g., chain link fences) shall be located out of view from the adjacent property or screened from view at the property line by an opaque fence, wall, or hedge of sufficient height to fully obscure view of the site feature. b. Screening devices shall be compatible with the design of the buildings and surrounding natural vegetation, and may consist of appropriate walls, plantings, or fencing. c. Surface runoff structures and stormwater detention ponds shall be designed to fit into the natural topography to the greatest extent practicable, as determined by the Zoning Administrator, in order to minimize the need for screening. 5. Landscaping Landscaping shall be provided in accordance with the standards set forth in Article Building and Fence Design Standards a. The architectural design and treatment of buildings and structures in a multi-building development shall be compatible with buildings located within the same project. Compatibility shall be achieved through the consistent use of similar building mass, scale, materials, signage, site amenities, and other architectural features appropriate to the site. b. All buildings on a site or within a single development shall use form, shape, scale, materials, and mass to create a cohesive theme or design for the overall site or development. c. No cinderblock, metal, or unadorned concrete block building facades shall be permitted for new development. The exterior of accessory buildings shall be compatible with the materials of the primary or principal building(s) and shall be architecturally consistent with the primary building(s). 3-60

138 Section Overlay Zoning Districts Sub-section Gateway Corridor Overlay District d. Trademark or prototype buildings shall be modified in design and materials to be architecturally compatible with the overall site or development and with neighboring properties. 7. Signage Design Standards In addition to the standards and requirements set forth within Section 72-59, signs within this district shall comply with the following: a. Each site or development shall have an overall signage plan reviewed as part of a sign permit, including a consistent style, size, and color scheme for all signs on the property. b. Materials used in both sign and support structures shall complement the building being served by the sign. c. The only signage allowed within the streetscape buffer of a site or development in the Commercial Shopping Center, C-SC, or Highway Commercial District, C-H, shall be a single project identification sign, which shall be ground mounted, monument-style, and not more than eight feet in height or more than 60 square feet in surface area. d. Lighted signs shall be spotlighted or back-lighted with a diffuse light source. Spotlighting shall be shielded so that it does not spill over into adjacent properties or into motorists' eyes. Back-lighting shall be permitted for signs with dark opaque backgrounds, provided that light shines through only the letters, characters, or graphics of the sign. e. All sign colors shall be compatible and shall be consistent with the color, scale, and style of the building or site. f. Ground-mounted monument-style signs shall include landscaping around the base of the sign. The sign base shall be counted in the eight-foot height limit set forth in this section and shall not exceed 30 percent of the overall sign height. G. Additional Standards for the Princess Anne Street Corridor Sub-district Development on parcels within the Princess Anne Street Corridor Sub-district shall comply with the following: 1. Sub-district Components The Princess Anne Street Corridor Sub-district is comprised of several component areas (each with specialized standards) identified in the Princess Anne Street Historic Corridor Overlay District Design Guidelines document on file in the office of the Planning Department. 2. Design Standards All development subject to these standards shall comply with the provisions in the Princess Anne Street Historic Corridor Overlay District Design Guidelines document, dated June 12, Building Bulk and Massing a. The maximum footprint of buildings in the Old Route 1 Highway and the Mill District shall not exceed 25,000 square feet, though exceptions can be made pursuant to the criteria stated in the Princess Anne Street Historic Corridor Overlay District Design Guidelines. b. The maximum footprint of buildings in the Transition district shall not exceed 6,000 square feet. 3-61

139 Section Overlay Zoning Districts Sub-section Gateway Corridor Overlay District 4. Yard Requirements The setbacks contained within Section of the Princess Anne Street Historic Corridor Overlay District Design Guidelines shall replace the minimum front setbacks set forth in the applicable base zoning district. 5. Design and Location of Parking Lots Parking areas shall be located to the rear or sides of buildings. Up to one double sided bay of parking is permitted in front of buildings within the Old Route 1 portion of the Princess Anne Street Historic Corridor Overlay District. In all other aspects, vehicular use areas shall comply with the standards set forth within Article Exterior Lighting a. In addition to the exterior lighting standards set forth with in Article 72-5, Section 72-58, the following shall apply: b. The design, style, and materials of light fixtures and poles shall be compatible with architectural style and materials of the buildings on the site. H. Additional Standards for the Lafayette Boulevard Corridor Sub-district Development on parcels within the Lafayette Boulevard Corridor Sub-district shall comply with the following: 1. Sub-district Components The Lafayette Boulevard Corridor Sub-district is comprised of several component areas (each with specialized standards) identified in the Lafayette Boulevard Corridor Overlay Design Guidelines document on file in the office of the Planning Department. 2. Design Standards All development subject to these standards shall comply with the provisions in the Lafayette Boulevard Corridor Overlay Design Guidelines document. 3. Building Bulk and Massing a. The maximum footprint of buildings in the downtown district portion of the Lafayette Boulevard Corridor Sub-district shall not exceed 15,000 square feet, though exceptions can be made pursuant to the criteria stated in the design guidelines. b. The maximum footprint of buildings in the Gateway District shall not exceed 40,000 square feet. 4. Yard Requirements The setbacks contained within Section of the Lafayette Boulevard Corridor Overlay District Design Guidelines shall replace the minimum front setbacks set forth in the underlying zoning district. 5. Design and Location of Parking Lots a. Parking areas shall be located to the rear or sides of buildings. b. Only within the Gateway of the Lafayette Boulevard Corridor Overlay District may off-street parking be placed in front of the building, when a streetscape buffer is present. c. In all other aspects, vehicular use areas shall comply with the standards set forth in Article

140 Section Overlay Zoning Districts Sub-section Neighborhood Commercial Overlay District 6. Exterior Lighting a. In addition to the exterior lighting standards set forth within Article 72-5, Section 72-58, the following shall apply: b. The design, style and materials of light fixtures and poles shall be compatible with architectural style and materials of the buildings on the site Neighborhood Commercial Overlay District Where permitted land, buildings, and structures used for commercial uses are allowed within a residential zoning district, they shall comply with the following design standards in addition to the other relevant standards in this Ordinance. The areas where these commercial uses are permitted, is shown on the official Zoning Map as Neighborhood Commercial Overlay District. In the event these standards conflict with other standards in this Ordinance, these standards shall control. A. Location Commercial buildings shall be limited to lots on corners or on lots fronting arterial streets. B. Building Placement Principal buildings shall be oriented towards the street from which they derive their street address. C. Building Setback 1. Building setbacks shall be consistent with other buildings on the block face and across the street to maintain a consistent wall plane or edge of building facades along public frontages. 2. In no instance shall a new building s front setback vary by more than 10 percent from the front setback of adjacent buildings. D. Building Height Buildings on lots adjacent to single-family detached dwellings shall maintain the same height as the dwelling, or be stepped-back from the lot line such that the lowest portion of the building is the portion closest to the single-family detached dwelling. E. Roofs 1. New commercial buildings shall use residential roof types to maintain compatibility with surrounding residential uses. 2. Consistency in roof forms with adjacent buildings shall be addressed by using varying heights and proportions. 3. A flat roof shall only be permitted for new buildings located between two existing buildings with flat roofs. F. Off-Street Parking 1. All off-street parking shall be provided to the side or the rear of the building (s). The Development Administrator may approve parking between a building and the street it faces when there are unique site specific circumstances not created by the property owner or as a result of the building design, such as when the building contains two or more usable floors above grade. 3-63

141 Section Overlay Zoning Districts Sub-section Neighborhood Commercial Overlay District 2. A single-loaded parking bay shall be permitted between a building and the street it faces when the building contains two or more useable floors above grade. 3. When required, off-street parking shall be established in one or more of the following locations (listed in priority order): 1) Adjacent to off-street parking lots serving nonresidential uses on abutting lots, 2) Adjacent to lot lines abutting nonresidential development, 3) Adjacent to lot lines abutting mixeduse development, 4) Adjacent to lot lines abutting single-family detached dwellings. G. Service and Loading Areas 1. Separate service-related activities associated with commercial uses shall be located behind or to the sides of buildings away from adjacent residential uses, screened with walls and/or landscaping, and provided with access that is integrated with parking areas and the on-site vehicular circulation network. 2. Outdoor storage, trash collection, and loading areas shall not be visible from public or private rights-of-way. H. Drive-Throughs Notwithstanding the provisions of Article 72-8, Section or Article 72-4 Sections and 72-42, drive-throughs are prohibited, both as principal and accessory uses. 3-64

142 Article 72-4: Use Standards

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144 ARTICLE 72-4: USE STANDARDS Use Table Explanation of Use Table Use Table Principle Use Standards Residential Uses Institutional Uses Commercial Uses Industrial Uses Accessory Use Standards Purpose General Standards and Limitations Location of Accessory Uses or Structures Maximum Height Table of Common Accessory Uses Specific Standards for Certain Accessory Uses Temporary Use Standards Procedure for Issuance Revocation of Zoning Permit Standards

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146 Article 72-4: Use Standards USE TABLE Explanation of Use Table A. General Table , Use Table, lists use types by base zoning district and indicates whether they are allowed by right, allowed with a use permit, or prohibited. The Use Table also includes references to any additional requirements or regulations applicable to the specific use type. References to additional requirements or regulations may not be all-inclusive B. Organization of Uses The Use Table and Section 72-83, Use Classifications, Categories, and Use Types, together, provide a systematic basis for determining whether a particular land use is allowed in a particular zoning district. 1. Use Classifications The use classifications identify broad general classifications of uses and include residential uses, institutional uses, commercial uses, and industrial uses. Use classifications are further categorized into a series of general use categories and specific use types. 2. Use Categories The use categories describe the major sub-groups of the respective use classifications and are based on common physical characteristics or functions, such as the type and amount of activity, the types of customers or residents, the manner in which goods or services are sold or delivered, and site conditions. For example, the Residential Use Classification is divided into the Household Living and Group Living use categories. Use categories are further divided into a series of individual use types. 3. Use Types The specific use types are included in the respective use category. They identify the specific principal uses that are considered to fall within characteristics identified in the use category. For example, duplex dwellings, live/work dwellings, single-family detached dwellings, and single-family attached dwellings are use types in the Household Living Use Category. 4-1

147 Section Use Table Sub-section Explanation of Use Table C. Uses Allowed by Right 1. A P in a cell of Table , Use Table, indicates that the corresponding use category or use type is permitted in the corresponding base zoning district by right, subject to compliance with any applicable use-specific standards referenced in the final column of the use table and issuance of a zoning permit (if applicable). Uses requiring a zoning permit are subject to all other applicable regulations of this Ordinance, including those set forth in Article 72-5: Development Standards. 2. In some instances, uses typically allowed by right may be required to obtain special use permit approval if located within an overlay zoning district. Applicants should be aware of all overlay zoning district requirements applicable to a particular use or lot. D. Uses Requiring a Special Use Permit An S in a cell of Table , Use Table indicates that the corresponding use category or use type is allowed in the corresponding base zoning district, only upon approval of a Special Use Permit, in accordance with Section , Special Use Permits, and any applicable use-specific standards referenced in the final column of the use table. Uses subject to a Special Use Permit are also subject to all other applicable regulations of this Ordinance, including those set forth in Article 72-5: Development Standards. E. Prohibited Uses A cell which contains neither an S nor a P indicates that the specified use type is prohibited in the corresponding zoning district. F. Use-Specific Standards When a particular use type is permitted in a zoning district, there may be additional regulations that are applicable to the use type. The existence of these use-specific standards is noted through a section reference in the last column of the use table titled Additional Requirements. References refer to provisions found in Section 72-41, Principle Use Standards. These standards apply to the corresponding use regardless of the base zoning district where it is proposed, unless otherwise specified. G. Use Restricted or Prohibited by Overlay Zoning District Regardless of whether the summary use table identifies a particular use type as permitted by right or allowed by special use permit, the use type may be further restricted or prohibited, in accordance with applicable overlay zoning district provisions in Article 72-3: Zoning Districts, or with provisions in this Ordinance. 4-2

148 Day Care Community Services Group Living Household Living R-2 R-4 R-8 R-12 R-16 R-30 R-MH C-T C-D C--SC C-H I-1 I-2 PD-R PD-C PD-MU PD-MC USE CATEGORY ADDITIONAL REQUIREMENTS Section Use Table Sub-section Use Table Use Table TABLE : USE TABLE P = Permitted; Allowed by-right S = Special Use Permit required blank cell ( ) = Use is Prohibited BASE ZONING DISTRICT [OVERLAY DISTRICTS MAY FURTHER LIMIT ALLOWABLE USES] Use Type RESIDENTIAL DISTRICTS NONRESIDENTIAL & MIXED-USE DISTRICTS PLANNED DEVELOPMENT DISTRICTS RESIDENTIAL USE Dwelling, Duplex P P P P P P P S P Dwelling, Live/work S P P S P P P P Dwelling, Mobile home P Dwelling, Multi-family S P P P P P P P P P P Dwelling, Single-family attached P P P P P P P P P S P P Dwelling, Single-family detached P P P P P P S P P B C D E F G Dwelling, Upper Story (over nonresidential) S P P P P P P P P H INSTITUTIONAL USES Convent or Monastery P Dormitory S S S S S P S Fraternity or Sorority S S S S S P Group Home P P P P P P P P P P P Institutional Housing S S S S P P A Art Center and related facilities S P Community Center S S P P P P P Cultural Facility S S S S P P P P P P Library S S S P P P S P P P P P P Museum S S S S S S S P P P P P P Adult Day Care Center S S S S P P Child Care Center S S S P P P S S P P P P P P P Family Day Home (1-5 Children) Family Day Home (6-12 Children) P P P P P P P P P S S S S S S S S S 41.2.B 4-3

149 Parks and Open Areas Institutions Health Care Facilities Governmental Facilities Educational Facilities R-2 R-4 R-8 R-12 R-16 R-30 R-MH C-T C-D C--SC C-H I-1 I-2 PD-R PD-C PD-MU PD-MC USE CATEGORY ADDITIONAL REQUIREMENTS Section Use Table Sub-section Use Table TABLE : USE TABLE P = Permitted; Allowed by-right S = Special Use Permit required blank cell ( ) = Use is Prohibited BASE ZONING DISTRICT [OVERLAY DISTRICTS MAY FURTHER LIMIT ALLOWABLE USES] Use Type RESIDENTIAL DISTRICTS NONRESIDENTIAL & MIXED-USE DISTRICTS PLANNED DEVELOPMENT DISTRICTS College or University S S S S S S S S P P P P P P School, Elementary S S S S S S S P P P P P P S School, Middle S S S S S S S P P P P S P S School, High S S S S S S S P P S S S S Vocational or Trade School S P P P P P S P Courthouse P Governmental Facility S P P P P P S Governmental Office S S P P P S P P P P P P P Post Office S S S S S S S P P P S P P Hospital S S S S P P Medical Laboratory S P P P P Medical Treatment Facility S P P P P P Assisted Living Facility S S P P S P P P Auditorium, Conference, and Convention Center S S S S P P P P P Club or Lodge S S P P P P P Continuing Care Retirement Community P Nursing Home S S P P S S P P Religious Institution S S S S S S S P P P P P P P P P 41.2.E 41.2.E 41.2.E 41.2.D 41.2.A Cemetery, Columbarium, Mausoleum S S S S S S S S Arboretum or Garden P P P P P P P P P P P P P Community Garden/Gardening, Non- Commercial P P P P P P P P P P P Community Garden/Gardening, Commercial P P - P P P P - P - Park, Playground, or Plaza S P P P P P S P P P P P P P 4-4

150 Eating Establishm ents Animal Care Agricu lture Adult Establish ments Utilities Transportation Public Safety R-2 R-4 R-8 R-12 R-16 R-30 R-MH C-T C-D C--SC C-H I-1 I-2 PD-R PD-C PD-MU PD-MC USE CATEGORY ADDITIONAL REQUIREMENTS Section Use Table Sub-section Use Table TABLE : USE TABLE P = Permitted; Allowed by-right S = Special Use Permit required blank cell ( ) = Use is Prohibited BASE ZONING DISTRICT [OVERLAY DISTRICTS MAY FURTHER LIMIT ALLOWABLE USES] Use Type RESIDENTIAL DISTRICTS NONRESIDENTIAL & MIXED-USE DISTRICTS PLANNED DEVELOPMENT DISTRICTS Swimming Pool (public or private) S S S P P P S P S P P P Fire / EMS Station S S P P S S P P P P P COMMERCIAL USES Police Station S S P P P Airport S Heliport P P Passenger Terminal (surface transportation) S P P P P P P P Solar Array S S S P P P P S P P P Telecommunication Facility, Structure S P P P P P P S P P P Telecommunication Facility, Collocation S P P P P P P S P P P Telecommunication Facility, Tower S S S S Utility, Major S S Utility, Minor S S S S P P P P P P P P P P P P 41.2.C 41.2.F 41.2.G 41.2.H All S S A Agritourism S Animal Grooming P P P P P P Animal Shelter/Kennel S P P P P P Veterinary Clinic P S P P P P P P Bakery P P P P P P B B B Microbrewery /Taproom P P P P P P P 4-5

151 Retail Sales and Services Recreation, Outdoor Recreation, Indoor Parking Offices R-2 R-4 R-8 R-12 R-16 R-30 R-MH C-T C-D C--SC C-H I-1 I-2 PD-R PD-C PD-MU PD-MC USE CATEGORY ADDITIONAL REQUIREMENTS Section Use Table Sub-section Use Table TABLE : USE TABLE P = Permitted; Allowed by-right S = Special Use Permit required blank cell ( ) = Use is Prohibited BASE ZONING DISTRICT [OVERLAY DISTRICTS MAY FURTHER LIMIT ALLOWABLE USES] Use Type RESIDENTIAL DISTRICTS NONRESIDENTIAL & MIXED-USE DISTRICTS PLANNED DEVELOPMENT DISTRICTS Restaurant, Fast Food S P P P S P S Restaurant, Indoor & Outdoor Seating S S - P P P P P P P P P P Specialty Eating Establishment S P P P P P P P P P Business and Professional Services P P P P P P P P P P Medical and Dental S S S P P P P P P P P P P Parking Garage S S P P P P P P P P Parking Lot (commercial) S S P P P P P P P P P P Fitness Center S S P P P P S P P P P P Recreation, Indoor S S P S P P Theatre P P P S P P P Arena or Stadium S S Fairgrounds P Golf Course S S S S S S P P P Marina S Recreation, Outdoor P P P S P P Artist studio P P P P P Auction House S Convenience Store (with gasoline sales) P P S S S S Convenience Store (without gasoline S S S S P P P P P P sales) Crematorium P Financial Institution S P P P P P P P P P Funeral Home S S S P P Gasoline Sales S S P S P Grocery Store S P P P P P Historic Dependency Limited Office/Retail S S S S Laundromat S S S S P P P P Lumber/Building Materials S S P P S O P C N G H I J K 4-6

152 Ma nuf act urin g Industrial Services Visitor Accommoda tions Vehicles Sales and Service Seasonal Event R-2 R-4 R-8 R-12 R-16 R-30 R-MH C-T C-D C--SC C-H I-1 I-2 PD-R PD-C PD-MU PD-MC USE CATEGORY ADDITIONAL REQUIREMENTS Section Use Table Sub-section Use Table TABLE : USE TABLE P = Permitted; Allowed by-right S = Special Use Permit required blank cell ( ) = Use is Prohibited BASE ZONING DISTRICT [OVERLAY DISTRICTS MAY FURTHER LIMIT ALLOWABLE USES] Use Type RESIDENTIAL DISTRICTS NONRESIDENTIAL & MIXED-USE DISTRICTS PLANNED DEVELOPMENT DISTRICTS Open Air Market P Personal Services Establishment S S P P P P S P P P S Pharmacy S S S S P P P S P P P P Plant Nursery S P P P Repair Service Establishment S S P P P P P P P P Retail Sales Establishment S S P P P S P P P Shopping Center P P S Tattoo/Piercing Establishment P P Q R T V All P P P Automotive Sales and Rental P P S Automotive Service S P P P S Automobile Towing and Impoundment S P Carwash P P P Bed and Breakfast Inn S S S P P P P P Historic Dependency Lodging S S P P Hotel or Motel S P P P S P P S INDUSTRIAL USES Commercial Laundry S S S Contractor Office P P Equipment Rental and Sales P P General Industrial Service/Repair P P S Research and Development P P P P P P P P U D E F L A A B A A Abattoir S 4-7

153 Wholesale Sales Waste- Related Warehousing and Storage R-2 R-4 R-8 R-12 R-16 R-30 R-MH C-T C-D C--SC C-H I-1 I-2 PD-R PD-C PD-MU PD-MC USE CATEGORY ADDITIONAL REQUIREMENTS Section Principle Use Standards Sub-section Residential Uses TABLE : USE TABLE P = Permitted; Allowed by-right S = Special Use Permit required blank cell ( ) = Use is Prohibited BASE ZONING DISTRICT [OVERLAY DISTRICTS MAY FURTHER LIMIT ALLOWABLE USES] Use Type RESIDENTIAL DISTRICTS NONRESIDENTIAL & MIXED-USE DISTRICTS PLANNED DEVELOPMENT DISTRICTS Manufacturing, Heavy S C Manufacturing, Light P P S Bulk Storage S Outdoor Storage S S Self Service Storage S P P Freight Terminal S P Warehouse S P P P P Incinerator Recycling Center S D E F Wholesale Sales P P P P G Ord. No , PRINCIPLE USE STANDARDS This section identifies the use-specific standards for all principle uses identified in Table , Use Table, as subject to additional requirements. These use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved. These standards may be modified by other applicable requirements in this Ordinance. All principal uses, including business uses shall be located in a structure that includes a permanent foundation and connection to public utilities Residential Uses A. Dormitories All dormitories shall be accessory to an educational facility located on the same site or campus, and house only persons who are students or staff at the educational facility. 4-8

154 Section Principle Use Standards Sub-section Residential Uses B. Dwellings, Duplex Duplex dwellings shall comply with the following standards: 1. Except for circular driveways, no duplex dwelling lot shall be served by more than one driveway on the same block face. 2. Ground based, roof-based, and wall-mounted electrical equipment, HVAC equipment and other utility connection devices shall be grouped and shall be screened or located outside the view from any adjacent public street. C. Dwellings, Live/Work Live/work dwellings shall comply with the following standards: 1. The residential portion of the building shall occupy over 50 percent of the gross floor area. 2. The nonresidential portion of the building shall be located on the ground floor. 3. The nonresidential portion of the building shall comply with all applicable nonresidential Uniform Statewide Building Code requirements. 4. Employees shall be limited to occupants of the residential portion of the building plus up to one person not residing in the residential portion. 5. Drive-through facilities are prohibited. 6. The use shall comply with the parking, and landscaping standards for mixed uses in Article 72-5: Development Standards. 7. Any nonresidential off-street parking shall be located as far as practicable from existing adjacent single-family detached dwellings. D. Dwellings, Mobile Home Mobile home parks shall comply with the following requirements: 1. Development within R-MH districts shall require site plan approval as set forth in Article 72-5 of this Ordinance. 2. No space in a mobile home park shall be rented for residential use except for periods of 30 days or more. 3. No mobile home shall be located in any park unless it can be demonstrated that it meets the requirements of the Mobile Home Manufacturers' Association's Mobile Home Standards for Plumbing, Heating and Electric Systems, as amended from time to time, as well as other qualifying standards adopted by the state. 4. Every mobile home site as described on the site plan shall be clearly defined on the ground by permanent monuments to be located by field survey. 5. Every mobile home site shall be provided with a mobile home stand designed to provide adequate loadbearing support. The stand shall be located as to provide for the most practical placement of the mobile home and its appurtenant structures in a manner complying with all requirements of this district. Each mobile home shall be securely anchored to each stand to prevent overturning and shifting, in accordance with National Fire Protection Association Standards, as amended from time to time. 6. No mobile home site shall extend into a floodplain. 7. Every mobile home shall be provided with an outdoor patio to be adequately paved with asphalt or concrete material and located convenient to the entrance of the mobile home. The paved area shall be at least 200 square feet. 4-9

155 Section Principle Use Standards Sub-section Institutional Uses 8. All mobile home sites shall abut a private street or driveway and have unobstructed access to a public street. Private streets and driveways shall be constructed in accordance with the standards and criteria of the zoning administrator. 9. Sidewalks shall be provided for safe, convenient, all-season access from mobile home stands to paved streets, parking spaces, and other concentrated pedestrian areas. 10. Street lighting shall be provided, with final layout and design subject to final plan approval. 11. An acceptable garbage and refuse collection program and temporary storage system shall be provided, with such program and physical system subject to final plan approval. At a minimum, the owner shall collect garbage and refuse not less than twice weekly, ensuring that collection is provided on a site-bysite, curbside basis. 12. A landscaped buffer 15 feet in width shall be maintained around the perimeter of the mobile home park, with plant materials and placement thereof subject to final plan approval. 13. Any expansion of existing mobile home parks or mobile home developments must result in full compliance with all regulations contained in this section. E. Dwellings, Multi-Family Multi-family uses shall comply with the following requirements: 1. No accessory structure shall be less than ten feet from another structure. 2. No improved recreation area shall be located within required exterior setbacks or within 20 feet of any dwelling unit. 3. No individual building shall exceed a length of 250 feet. F. Dwelling, Single-Family Attached Single-family attached uses shall comply with the following requirements: 1. A single-family attached building shall contain at least three but no more than eight side-by-side dwelling units. 2. Individual buildings containing single-family attached units shall be separated from one another by at least 20 feet. 3. Single-family attached buildings shall maintain at least 15 feet of separation from private driveways, parking areas, or walkways. 4. Nothing in these standards shall prevent a deck from encroaching into a required rear yard setback. G. Dwelling Single-Family Detached No more than one single-family detached dwelling may be located on a single lot. H. Dwelling, Upper Story Upper story residential dwelling units shall occupy the second or higher floor of a building with a nonresidential use on the ground floor Institutional Uses A. Auditorium, Conference, and Convention Center (new) Auditoriums, conference and convention centers shall comply with the following standards: 1. The parcel or site shall have an area of at least five acres. 4-10

156 Section Principle Use Standards Sub-section Institutional Uses 2. The building shall be located at least 500 feet from any R-2, R-4, or R-8 residential zoning district. (Ord. No , ) 3. Dining and banquet facilities may be provided for employees, trainees, and conferees, provided the gross floor area devoted to such facilities does not exceed 50 percent of the total floor area of the principal building. 4. On-site recreational facilities may be provided for use by employees, trainees, or conferees. B. Child Care Center The Code of Virginia, Section , allows single family residential occupants to care for 1-5 children, by right, as a family day home. Family day homes for 6-12 children require a Special Use Permit. Child care centers, including pre-schools, required to be licensed as a child care center by the state, shall comply with all state regulations for child care centers as well as the following standards: 1. Location If not located in a stand-alone building, a child day care center shall be located on the first floor of a principal structure, and be segregated (including the restrooms) from the remaining portion of the building in which it is located. 2. Outdoor Play Areas Outdoor play areas shall be provided, and shall: a. Be completely enclosed by a fence with a minimum height meeting the standards in the Uniform Statewide Building Code; b. Be safely segregated from parking, loading, or service areas; and c. Not be operated for outdoor play activities after 6:00 P.M. 3. Parking Area, Vehicular Circulation, and Drop-Off and Pick-Up The parking areas and vehicular circulation for the child day care center shall be designed to: a. Enhance the safety of children as they arrive at and leave the facility; and b. Provide a designated pickup and delivery area that includes at least one parking/stacking space per 10 children configured so that children do not have to cross vehicular travelways to enter or exit the center. 4. Accessory Uses If operated as an accessory use to a Retail Sales and Service or Office use, the heated floor area of a child care center shall not exceed 20 percent of the heated floor area of the principal use. C. Heliport A heliport shall comply with the following standards: 1. The heliport shall provide adequate land area for safe take-offs and landings in accordance with standards of the Federal Aviation Administration (FAA). 2. Where located within 500 feet of an R residential district, or existing singlefamily residential development, a helicopter landing facility shall provide an adequate buffer along the property line to ensure the facility does not adversely impact surrounding uses. 4-11

157 Section Principle Use Standards Sub-section Institutional Uses D. Hospital A hospital shall comply with the following standards: 1. Be located on a site or parcel with an area of at least five acres; 2. Be located on a parcel that fronts or has direct access to a major arterial or collector street; 3. Locate the emergency vehicle entrance on a major arterial or collector street; 4. Not locate an emergency vehicle entrance in an area across the street from a residential zoning district; 5. Ensure that principal structures are located at least 100 feet from any lot line. E. Schools, Elementary/Middle/High Any temporary structures needed for the expansion of an elementary, middle, or high school located within the residential districts, and on a site or parcel with an area of 20 acres or less, shall comply with the following requirements: 1. Not be located between the principal building and any abutting right-of-way, unless there is no other practical alternative due to topography, the presence of utilities or easements, the existence of undisturbed open space and buffers, or other site features beyond the landowner s control; and 2. Have the base of the structure screened from view from abutting properties and public streets. F. Solar Array Solar arrays shall be configured to avoid glare and heat transference to adjacent lands. G. Telecommunications Facility, Tower 1. Permitted Locations; Permit Required a. No new telecommunications tower shall be constructed, erected, or relocated within the City except in those zoning districts where permitted by special use permit or on City-owned property where specifically authorized by the City Council. b. For purposes of this subsection, the term "altered" shall not include the placement or alteration of antennas. 2. Application for Permit a. Applications for permits required under this section shall be filed with the Zoning Administrator and shall include documentation that all standards set forth in this section have been met. All applications shall include scale drawings and profiles of the proposed facilities, photographs of similar facilities, and any additional technical information that the Zoning Administrator reasonably determines is necessary. b. All applications shall be submitted for review and consideration by appropriate federal and/or state agencies as to heights that constitute a hazard to the safe operation of aircraft. c. Prior to Planning Commission consideration of a Special Use Permit application under this section or prior to the City Council's consideration of a request to use City-owned property for a telecommunications tower, the Zoning Administrator shall forward such application to the Planning Commission for review as being in 4-12

158 Section Principle Use Standards Sub-section Institutional Uses conformance with the City's Comprehensive Plan, pursuant to Code of Virginia Section d. Compliance with the structural steel standards of this section shall be verified by an engineer's certification or approved by the City's building official. 3. Inspection; Removal of Unused Towers a. All telecommunications towers shall be subject to periodic inspection by the City's Building Official. b. All telecommunications towers constructed or located within the City but no longer in use shall be disassembled and removed within 12 months after such facility ceases operation. 4. Standards of Review No telecommunications tower or accessory structure shall be constructed, altered, expanded, or relocated within the City unless approved by the City Council as being in compliance with the following standards: a. A new telecommunications tower shall only be approved upon a showing of reasonable proof by the applicant that: i Adequate space is not currently available on existing towers, poles, buildings, public facilities, or other structures within the City for locating the proposed antennas and related telecommunications equipment that meets the engineering and service needs of the applicant; ii The proposed tower will be designed and constructed to accommodate the collocation of the maximum feasible number of antennas that could be owned or used by other telecommunications service providers; and iii The proposed tower will not exceed 199 feet in height. b. All telecommunications towers, accessory structures, and related equipment shall be located on sites in such a manner so as to minimize the view of such facilities from residential areas and the public way. Such facilities shall be screened by vegetation, tree cover, topographic conditions, buildings, and other structures to the maximum extent feasible. c. All telecommunications towers shall either: i ii Be located on parcels of sufficient size to accommodate a fall line easement or similar restriction of not less than a circle equal in radius to the height of the tower. Such easement or restriction shall be recorded as a condition of the special use permit. No structure, other than the tower itself or related equipment buildings, shall be permitted within the fall line easement or restriction; or Be installed in conformance with ANSI/EIA/TIA-222, Structural Steel Standards for Steel Antenna Towers and Antenna Supporting Structures, as amended or superseded. d. All telecommunications towers shall be set back at least two feet for every foot in height of such tower from the lot lines of every existing adjacent residential property, except that such setback may be reduced to one foot for every foot in height of such tower if agreed to 4-13

159 Section Principle Use Standards Sub-section Commercial Uses by the adjacent property owners. e. All telecommunications towers and related facilities shall be located, designed, and constructed in a manner that does not detract from or impair historically significant structures, landmarks, or vistas. f. Telecommunications transmissions from such facilities shall not interfere with existing or proposed City telecommunications facilities. g. No signals or lights or illumination shall be permitted on any telecommunications tower unless required by the Federal Communications Commission, the City, or any other governmental agency with jurisdiction. h. No commercial or other advertising shall be allowed on any telecommunications tower. i. Satellite dish and microwave dish antennas attached to telecommunications towers or accessory structures shall not exceed six feet in diameter. j. Unless otherwise required by the Federal Communications Commission or other state or federal agency, telecommunications towers shall either be designed with a galvanized finish, be painted a silver or gray color, or utilize a similar finish, or include features that will camouflage or render the tower as unobtrusive as possible. k. City Council s decision on an application for a telecommunications facility shall comply with applicable requirements of the Federal Telecommunications Act of H. Utility, Major An electrical power facility, substation, or transmission station shall be set back at least 100 feet from all lot lines Commercial Uses A. Adult Uses 1. An adult store or adult entertainment establishment shall be located at least 600 feet from the following uses and zoning districts located within the City corporate limits or within a neighboring jurisdiction: any religious institution, primary or secondary school (public or private), public park, playground, athletic field or related use; community building; day care center; singlefamily residence, duplex, attached single-family, multi-family residence or an "R" residential zoning district, a Planned Development-Residential district, or Planned Development Mixed-Use district. This distance shall be measured from the principle entrance of the adult store or adult entertainment establishment to the closest property line of the protected use or the residential zoning district boundary. 2. An adult store or adult entertainment establishment shall be located at least 1,000 feet from any other adult store or adult entertainment establishment in existence on the date on which the adult entertainment establishment obtains its zoning permit. This distance shall be measured from the property line of one business to the property line of the other. 3. The street elevation of the principal structure of an adult store or adult entertainment establishment shall have at least one street-oriented entrance, and contain the principal windows of the adult store or adult entertainment establishment. 4-14

160 Section Principle Use Standards Sub-section Commercial Uses 4. No adult store or adult entertainment establishment shall display adult media, depictions of specified sexual activities or specified anatomical areas, sexually oriented goods or depictions of sexually oriented goods, in its window, in a manner visible (by normal unaided vision) from the street, highway, public sidewalk, or the property of others. Window areas shall remain transparent and shall not be made opaque. 5. An adult entertainment establishment shall not open to the public for business before 11:00 a.m. Hours of operation shall not extend after midnight. Any video-viewing booth or arcade booth shall be constructed so that the viewing area is visible from a continuous main aisle. The viewing area shall not be obscured by any curtain, door, wall, or other enclosure. B. Animal Care Uses Animal shelters, kennels (indoor and outdoor), and veterinary clinics shall comply with the following standards: 1. The animal care use shall be sufficiently insulated so no noise or odor can be detected off the premises. 2. Any open runs or pens used to house animals shall be located at least 75 feet from any lot line. 3. Accessory uses to a kennel or veterinary clinic may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25 percent of the total gross floor area of the principal building. C. Arenas and Stadiums Arenas and stadiums shall comply with the following standards: 1. Arenas and stadiums shall be located at least 1,000 feet from single-family residential zoning districts. 2. Stadiums shall be located on a site or parcel with an area of at least five acres. 3. Arenas and stadiums shall be located on a site or parcel that, at the primary point of access, has at least 200 feet of frontage on a collector street. 4. Arenas and stadiums shall locate access points to minimize traffic to and through local streets in residential neighborhoods. D. Automotive Sales and Rentals Uses primarily involving the sales or rental of automobiles, trucks, travel trailers, or recreational vehicles shall comply with the following standards: 1. No vehicle or equipment displays shall be located within a required setback or perimeter buffer. 2. The use shall not have more than one vehicle display pad for every 100 feet of street frontage. The vehicle display pad may be elevated up to two feet above adjacent displays or grade level. 3. No vehicles or other similar items shall be displayed on the top of a building. 4. All lights and lighting shall be designed and arranged so no source of light is directly visible from any residential district or existing residential use; 5. No other materials for sale shall be displayed between the principal structure and the street it faces. E. Automotive Service Automotive repair and service uses not involving painting or bodywork service shall comply with the following standards: 4-15

161 Section Principle Use Standards Sub-section Commercial Uses 1. The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements. 2. Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area. To the maximum extent practicable, outdoor vehicle storage shall be located behind or to the side of the principal structure, and screened with a wooden fence or masonry wall, in accordance with Section 72-56, Fences and Walls. 3. The use shall provide adequate, enclosed trash storage facilities on the site. 4. If gasoline is sold on-site, the use shall also comply with the standards for a gasoline sales use in Section , Gasoline Sales. 5. Vehicles shall not be parked or stored as a source of parts. 6. Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30 day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means. 7. No other material for sale shall be displayed between the principal structure and the street it faces. F. Bed and Breakfast Inn Bed and breakfast inns shall comply with the following standards: 1. Operated in a principal building and not in any accessory building or structure. 2. The front yard of an inn shall not be used for parking. If parking cannot be provided on the site, it must be provided within 500 feet of the site. 3. A maximum of five guest rooms shall be allowed, with not more than 10 occupants. 4. The facility shall be managed by an individual who resides on the premises. 5. For identification of the bed and breakfast inn, one wall sign of four square feet is permitted. Such sign shall not be directly illuminated, nor shall it contain the words "hotel" or "motel." Such sign shall meet all zoning requirements. 6. There shall be no more than one kitchen. 7. Receptions and other such functions, for compensation, shall require approval of a Special Use Permit. G. Convenience Stores, with Gasoline Sales Convenience stores with gasoline sales shall comply with the standards for gas sales uses in Section , Gasoline Sales. H. Convenience Stores, without Gasoline Sales Convenience stores without gasoline sales uses are permitted as a special use in the R-4 and R-8 districts in accordance with Section , Special Use Permits, provided: 1. The use complies with the design standards in Section , Neighborhood Commercial Overlay District. I. Funeral Homes Funeral homes shall comply with the following standards: 4-16

162 Section Principle Use Standards Sub-section Commercial Uses 1. The funeral home shall have its principal frontage, access, and orientation directly on an arterial street. 2. The funeral home shall have a buffer between it and any residentially-zoned property abutting or directly across the street from the funeral home site, as specified in Table C of this Ordinance. 3. On-premise signage shall be oriented toward the arterial street that provides access to the site. 4. All structures shall be located so as not to require access from an interior residential street. J. Gasoline Sales Uses that include the retail sales of gasoline and other automotive fuels shall comply with the following standards: 1. If the gasoline sales use is located on a corner lot, the lot shall have an area of at least 30,000 square feet and a frontage of at least 125 feet on each street side. In all other cases, the lot shall have an area of at least 15,000 square feet and a lot width of at least 150 feet. 2. The gasoline sales use shall have no more than two vehicular access points. Access points shall be located at least 75 feet from each other, at least 50 feet from any intersecting street right-of-ways, and at least 15 feet from any other lot line. 3. Vehicular access points shall be no more than 40 feet wide. 4. The gasoline sales use shall be designed to ensure safe and adequate vehicle stacking, circulation, and turning movements. 5. Trash containers shall be fully screened by a wall that is constructed of the same material and is of the same color as the principal structure. Trash containers shall be located so as to minimize view from off-site areas. K. Historic Dependency Limited Office/Retail A historic dependency limited office/retail use shall comply with the following standards: 1. The structure housing a historic dependency lodging use shall have been built as a detached dependency (e.g., kitchen, laundry, servant quarters) to a residential use. 2. The detached dependency structure shall have been previously used for commercial, office, or retail purposes. 3. The detached dependency structure shall have been constructed prior to The dependency shall be located on a lot in or adjacent to the C-D District. L. Historic Dependency Lodging A historic dependency lodging use shall comply with the following standards: 1. The structure housing a historic dependency lodging use shall have been built as a detached dependency (e.g., kitchen, laundry, servant quarters) to a residential use. 2. The detached dependency structure shall have been constructed prior to Each lodging unit shall be served by at least one off-street parking space. 4-17

163 Section Principle Use Standards Sub-section Commercial Uses M. Hotel, Extended Stay The individual units must have a valid certificate of occupancy issued by the Building Official indicating that they have all required dwelling unit features specified for an R-2 structure, as defined in the International Building Code. N. Marinas Marinas shall comply with the following standards: 1. No marina shall be established on a lot less than one acre in size. 2. Each lot containing a marina shall have a minimum lot frontage of 200 linear feet. 3. Exterior lighting shall comply with the standards in Section 72-58, Exterior Lighting, and shall be directed and shielded so as to avoid glare on adjacent residential uses including residential uses across the body of water serving the marina. 4. Dry stacking of boats outside enclosed structures shall be prohibited. O. Medical and Dental Offices Medical and dental offices are permitted as a special use in the R-4 and R-8 districts in accordance with Section , Special Use Permits, provided: 1. The lot or site is designated on the City s zoning map entitled Neighborhood- Oriented Commercial Uses Permitted with Special Use Permit on file in the Planning Department; and 2. The use complies with the design standards for nonresidential uses in Section , R-4 Residential District, or Section , R-8 Residential District, as appropriate. P. Parking Garage A commercial parking garage shall comply with the following standards: 1. Parking shall be the principal use of the parking structure, but retail sales and service and office establishments may be located on the ground floor of the structure. 2. Parking spaces may be rented for parking, but no other business of any kind shall be conducted in the structure, including repair service, washing, display, or storage of vehicles or other goods. 3. A commercial parking structure shall not be located contiguous to an R-2, or R-4 zoning district. (Ord. No , ) Q. Personal Services Personal service uses are permitted as a special use in the R-4 and R-8 districts in accordance with Section , Special Use Permits, provided: 1. The use complies with the design standards in Section , Neighborhood Commercial Overlay District. R. Repair Services Repair services of up to 1,000 square feet in floor area are permitted as a special use in the R-4 and R-8 districts in accordance with Section , Special Use Permits, provided: 1. The lot or site is designated on the City s zoning map entitled Neighborhood- Oriented Commercial Uses Permitted with Special Use Permit on file in the Planning Department; and 4-18

164 Section Principle Use Standards Sub-section Industrial Uses 2. The use complies with the design standards for nonresidential uses in Section , R-4 Residential District, or Section , R-8 Residential District, as appropriate. S. Restaurants with Indoor or Outdoor Seating 1. Generally Restaurants having outdoor seating shall comply with the following standards: a. Except in the PDC district, the outdoor portions of the restaurant shall not operate after 10:00 P.M. in the C-T District or after 12:00 A.M. in all other districts, where allowed. b. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. c. The outdoor seating area shall provide handicapped access. 2. In the R-4 and R-8 Districts Restaurants with indoor or outdoor seating are permitted as a special use in the R-4 and R-8 districts in accordance with Section , Special Use Permits, provided: a. The use complies with the design standards in Section , Neighborhood Commercial Overlay District. T. Shopping Centers Financial institutions, drive-through uses, fast food restaurants, and convenience stores shall be permitted by right when developed within the footprint of a shopping center building that includes at least five retail tenants. U. Seasonal Events Seasonal events are limited to outdoor concerts and other recurring outdoor events taking place on a vacant lot for no more than seven months in a calendar year. Seasonal events shall be subject to the following standards: 1. The minimum parking requirements in Table C.2 shall be met, but the parking area does not have to meet the parking surface requirements of this Ordinance. 2. Screening and buffering requirements in Section are only applicable if the special event is located on a lot adjacent to residential uses. 3. All storm water management standards in this Ordinance shall apply to special events. V. Tattoo Parlor/Body Piercing Establishment Tattoo parlors and body piercing establishments shall be located at least 500 feet from any residential zoning district Industrial Uses A. Industrial Services All industrial services uses shall comply with the following standards: 1. Repair of all machines shall occur within an enclosed building. 2. Temporary outdoor storage may be allowed in an outdoor storage area that is no larger than 25 percent of the buildable area of the lot, located behind or to the side of the principal structure, and screened with a wooden fence or masonry wall in accordance with Section 72-56, Fences and Walls. 4-19

165 Section Principle Use Standards Sub-section Industrial Uses 3. The height of materials and equipment stored shall not exceed the height of the screening fence or wall. B. Equipment Rental and Sales Uses primarily involving the sales, rental, or storage of heavy equipment shall comply with the following standards: 1. The use shall be located at least 500 feet from any residential district. 2. No heavy equipment displays shall be located within a required setback or perimeter buffer. 3. The use shall not have more than one heavy equipment display pad for every 100 feet of street frontage. 4. No heavy equipment shall be displayed on the top of a building. 5. All lights and lighting shall be designed and arranged so no source of light is directly visible from any residential district or existing residential use. C. Manufacturing, Heavy Heavy manufacturing uses shall comply with the following standards: 1. The use shall be located at least 500 feet from any residential district, school, or day care center. 2. The use shall locate outdoor storage areas to the rear of the principal structure and be screened with a wooden fence or masonry wall no less than eight feet in height in accordance with Section 72-56, Fences and Walls. 3. The height of materials and equipment stored shall not exceed the height of the screening fence or wall. 4. The use shall be designed to ensure proper functioning of the on-site transportation circulation system. 5. The use shall have direct access onto an arterial or major collector street. D. Outdoor Storage as a Principal Use Outdoor storage as a principal use shall comply with the following standards: 1. Lots used for outdoor storage shall be fully enclosed with a fence or masonry wall no less than eight feet high and landscaped (as appropriate), in accordance with Section 72-56, Fences and Walls. 2. The height of materials and equipment stored shall not exceed the height of the screening fence or wall. 3. Customers and vehicles shall be allowed to circulate through the area used for outdoor storage. E. Recycling Center A recycling center shall comply with the following standards: 1. The center shall be on a parcel with an area of at least five acres. 2. The center shall be located at least 250 feet from any residential district, school, or day care. 3. Except for a freestanding office, no part of the center shall be located within 50 feet of any lot line. 4. All recycling activities and storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of recycling activities or a storage area can be seen from rights-of-way or adjacent lots. In no case shall the height of recyclable or recovered materials, or non-recyclable residue stored in outdoor areas exceed 20 feet or the height of the principal building on the lot, whichever is greater. 4-20

166 Section Principle Use Standards Sub-section Industrial Uses 5. All outdoor storage areas shall be surrounded by a solid fence or wall that is at least eight feet high. 6. Recyclable materials shall be contained within a leak-proof bin or trailer, and not stored on the ground. 7. There shall be no collection or storage of hazardous or biodegradable wastes on the site. 8. Space shall be provided to park each commercial vehicle operated by the center. 9. If the center is located within 500 feet of property in a residential zoning district or developed for residential use, it shall not be in operation between the hours of 7:00 PM and 7:00 AM. The facility shall be administered by onsite persons during the hours the facility is open. 10. The site shall be maintained free of fluids, odors, litter, rubbish, and any other non-recyclable materials. The site shall be cleaned of debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present. 11. Signage shall include the name and phone number of the facility operator and indicate any materials not accepted by the center. 12. Access to the center shall be from a collector or arterial street. 13. No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on abutting properties. F. Warehouse (Distribution or Storage) 1. Warehouses (distribution or storage) shall comply with the following standards: a. The use shall not locate storage areas within a required yard or perimeter buffer; b. The use shall locate outdoor storage areas to the rear of the principal structure and screen them with a wooden fence or masonry wall no less than eight feet in height in accordance with Section 72-56, Fences and Walls. c. The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements. d. The use shall have direct access onto an arterial or major collector street. e. Retail sales are permitted, subject to a special use permit, within a warehouse use in the Light Industrial (I-1) and General Industrial (I-2) Districts, provided 60 percent or more of the gross floor area is devoted to warehouse use. 2. Warehouse uses in the C-D District shall not include any outdoor storage. G. Wholesale Sales Any outdoor storage component of a wholesale sales use shall comply with the standards in Section , Outdoor Storage as a Principal Use. H. Prohibited Uses; Light Intensity Industrial District The following uses are prohibited in I-1 district, notwithstanding any provisions of Article 72-4 Sections and Abattoirs; 2. Ammonia or chlorine manufacturing facilities; 3. Asphalt mixing plants; 4-21

167 Section Accessory Use Standards Sub-section Purpose 4. Blast furnaces; 5. Boiler works; 6. Bulk storage facilities for flammable materials; 7. Concrete mixing and batching product facilities; 8. Fertilizer, lime or cement manufacturing facilities; 9. Fireworks or explosives manufacturing plants; 10. Garbage incinerators; 11. Junkyards; 12. Rendering plants; 13. Metal foundries and smelting plants; 14. Soap manufacturing plants; 15. Petroleum, asphalt or related product refineries; 16. Landfills; 17. Coal, wood or wood distillation plants; 18. Quarries and other facilities for the extraction and mining of rocks and minerals; 19. Stockyards; 20. Acid manufacturing facilities; and 21. Tanneries. I. Prohibited Uses; General Industrial District The following uses shall be prohibited in the I-2 district, notwithstanding any provisions of Article 72-4 Sections and 72-42: 1. Acid manufacturing facilities 2. Ammonia or chlorine manufacturing facilities; 3. Blast furnaces; 4. Boiler works; 5. Fertilizer, lime or cement manufacturing facilities 6. Fireworks or explosives manufacturing plants; 7. Junkyards; 8. Landfills; 9. Petroleum, asphalt or related product refineries 10. Quarries and other facilities for the extraction and mining of mineral resources; 11. Rendering plants; and 12. Soap manufacturing plants ACCESSORY USE STANDARDS Purpose This section authorizes the establishment of accessory uses that are incidental and customarily subordinate to principal uses. The purpose of this section is to allow a broad range of accessory uses, so long as such uses are located on the same site as the principal use, and so long as they comply with the standards set forth in this section in order to reduce potentially adverse impacts on surrounding lands. 4-22

168 Section Accessory Use Standards Sub-section General Standards and Limitations General Standards and Limitations A. Compliance with Ordinance Requirements Except as otherwise specifically provided in this Ordinance, accessory uses are permitted for an in connection with any use that is allowed by right or by special use permit. All accessory uses and accessory structures shall conform to the applicable requirements of this Ordinance, including Article 72-3: Zoning Districts, Article 72-4: Use Standards, and Article 72-5: Development Standards. The provisions of this section establish additional standards and restrictions for particular accessory uses and structures. B. General Standards All accessory uses and accessory structures shall meet the following standards: 1. Directly serve the principal use or structure; 2. Be customarily accessory and clearly incidental and subordinate to the principal use and structure; 3. Not exceed 25 percent of the heated floor or buildable area of the principal use, except where otherwise allowed by this Ordinance; 4. Be owned or operated by the same person as the principal use or structure; 5. Together with the principal use or structure, not violate the bulk, density, parking, landscaping, or open space standards of this Ordinance; and 6. Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use). 7. No accessory use shall be located on a lot prior to development of an associated principal use. 8. An accessory use or structure may be approved in conjunction with or subsequent to approval of the principal use or structure Location of Accessory Uses or Structures A. No accessory use or structure shall occupy more than 30 percent of the rear yard. 1. No accessory structure shall be located in the front yard. No accessory structure requiring a building permit shall be closer to a front lot line than the principle structure. 2. No accessory use or structure shall be closer than five feet to a side or rear lot line, except that if the principle structure has a setback of less than five feet, then the setback of an accessory structure may be the same as exists for the principle structure. 3. No accessory structure shall be located within any platted or recorded easement or over any known utility unless written authorization is provided from the easement holder or the city, as appropriate. 4. An accessory structure may be located within the rear yard of a double frontage lot provided: a. The lot is zoned with a nonresidential, mixed-use, or planned development district designation; b. The lot across the street has a nonresidential, mixed-use, or planned development district designation; c. The accessory structure does not exceed 12 feet in height, or one story, whichever is less; 4-23

169 Section Accessory Use Standards Sub-section Maximum Height d. The accessory structure setback is at least five feet from the rear lot line; and e. The area between the accessory structure and adjacent street includes landscaping that is capable of screening the structure when it is mature Maximum Height No accessory structure shall exceed 25 feet in height, or 10 feet in height if located in a side or rear yard Table of Common Accessory Uses A. Table as Guide Table , Table of Common Accessory Uses, is established as a guide to identify the appropriateness of the more common accessory uses in each zoning district. 1. If a specific accessory use is permitted by-right, the cell underneath the zoning district is marked with a P. 2. If a specific accessory use is allowed subject to a special use permit, the cell underneath the zoning district is marked with an S. 3. If the accessory use or structure is not allowed in a zoning district, the cell is blank. 4. Each use listed in the table has additional specific requirements in Section , Specific Standards for Certain Accessory Uses. B. Interpretation of Unidentified Accessory Uses The Zoning Administrator shall evaluate potential accessory uses that are not identified in Table , Table of Common Accessory Uses, on a case-by-case basis, as an Interpretation. In making the interpretation, the Zoning Administrator shall apply the following standards. 1. The definition of accessory use (see Article 72-8: Definitions and Interpretations), and the general accessory use standards established in Section , General Standards and Limitations. 2. The additional regulations for specific accessory uses established in Section , Specific Standards for Certain Accessory Uses. 3. The purpose and intent of the zoning district in which the accessory use is located (see Article 72-3: Zoning Districts). 4. Any potential adverse impacts the accessory use may have on other lands in the area, compared with other accessory uses permitted in the zoning district. 5. The compatibility of the accessory use, including the structure in which it is housed, with other principal and accessory uses permitted in the zoning district. 4-24

170 R-2 R-4 R-8 R-12 R-16 R-30 C-T C-D C-SC C-H I-1 I-2 PD-R PD-C PD-MU PD-MC Section Accessory Use Standards Sub-section Specific Standards for Certain Accessory Uses TABLE : TABLE OF COMMON ACCESSORY USES P = Allowed by right S = Special use permit required blank cell = prohibited ZONING DISTRICT ACCESSORY USE Amateur Radio Antennas P P P P P P P P P P Cemetery S S S S S S S S S Drive-through S S P P P P P S Home occupation P P P P P P P P P P Outdoor display & sales S P P P P S P P Outdoor storage (as an accessory use) S S P P P P P S S Parking of heavy trucks, trailers, major recreational P P equipment, etc. Satellite dishes P P P P P P P P P P P P P P P P Solar energy equipment P P P P P P P P P P P P P P P P Temporary family health care structure P P P P (Ord. No , ) Specific Standards for Certain Accessory Uses A. Amateur Radio Antennas 1. Amateur Radio Antennas shall not exceed 75 feet above ground level. 2. Reasonable and customary engineering practices shall be followed in the erection of amateur radio antennas. 3. Support structures related to an amateur radio antenna shall be located to be consistent with Section of this Ordinance. B. Cemetery, Family or Religious Institution Family cemeteries and cemeteries accessory to a religious institution are permitted in accordance with the following standards: 1. Lots including a cemetery shall be a minimum of two acres in size, but the cemetery site itself has no minimum area requirement. 2. The following uses and shall be included in the approval of a cemetery without further zoning approval being required: a. All uses necessarily or customarily associated with interment of human remains b. Benches; c. Ledges and walls; d. Graves; e. Roads and Paths; f. Landscaping and soil storage, consistent with federal, state, and local laws on erosion sediment control. 4-25

171 Section Accessory Use Standards Sub-section Specific Standards for Certain Accessory Uses 3. Table B, Cemetery Dimensional Requirements, sets out the dimensional requirements for cemeteries. TABLE B: CEMETERY DIMENSIONAL REQUIREMENTS STANDARD REQUIREMENT (FEET) Min. Street Frontage 125 Burial Plot Setback from Local Streets 20 Burial Plot Setback from Major Arterial Streets 50 Burial Plot Setback from Side Lot Line 15 Burial Plot Setback from Rear Lot Line 25 Burial Plot Setback from Potable Water Well 50 Burial Plot Setback from Wetland/Water Body 75 C. Drive-Through a. The property owner shall provide a road or path for the purpose of access to and from the cemetery. b. The cemetery shall not be owned or operated as a business for profit. c. The site plan as approved by the Development Administrator showing the location of and access to the cemetery shall be recorded with the Clerk of Circuit Court as an addendum to the deed for the subject property. 1. Drive-through facilities shall be located at least 100 feet from any detached single-family dwelling or single-family residential zoning district. 2. Outdoor speakers associated with a drive-through shall be at least 50 feet from any lot line and shall not be audible beyond the lot line. 3. Drive-through facilities shall not be located on the front façade of the building they serve. 4. Drive-through facilities shall be designed so as not to obstruct the movement of pedestrians along sidewalks, through areas intended for public use, or between the building entrance and customer parking spaces. 5. Canopies or other features installed over a drive through window shall maintain common roof lines and materials with the principal structure. D. Home Occupation Home occupations shall be permitted in any dwelling unit, subject to the approval of the Zoning Administrator and the following: 1. Permitted home occupations shall include, but not be limited to, the following: a. Offices. b. Electronic and offsite retail. c. Personal services such as physical therapy by licensed individuals. d. Pet grooming. e. Artists and sculptors. f. Authors and composers. g. Tailors, dressmakers and seamstresses. h. Home crafts, such as model making, rug weaving, lapidary work, and ceramics. 4-26

172 Section Accessory Use Standards Sub-section Specific Standards for Certain Accessory Uses i. Schools of special education, e.g., music, art. 2. Home occupations shall not include the following: a. Antique shops. b. Barbershops and beauty parlors. c. Nursing or convalescent homes. d. Massage parlors and similar establishments. e. Eating establishments. f. Gift shops. g. Repair services and personal service establishments, except as otherwise permitted by this Ordinance. h. Riding and boarding stables or kennels. i. Veterinary hospitals. j. Private clubs. k. Nursery schools and day care centers. l. Clinics and hospitals. m. Auto, small engine, and similar repair shops. n. Dentists or physician offices. o. Any licensed or unlicensed practitioner who performs invasive procedures (acupuncture, tattooing, body piercing, etc.) p. Bars and social clubs. q. Any other business that is clearly inappropriate or out of character for a residential area such that its location constitutes an adverse impact on neighboring residential properties. 3. Home occupations shall be subject to all use limitations applicable in the zoning district in which they are located. In addition, all home occupations shall be subject to the following use limitations: a. The use of the dwelling unit for a home occupation must be an accessory use. b. The home occupation must be conducted within the dwelling unit. c. The home occupation must be conducted by persons whose principal residence is on the premises. d. No more than one employee who is not a resident of the premises, paid or unpaid, shall be involved in the home occupation. e. There shall be no evidence on the exterior of the premises or visible from the exterior of the premises that the property is used for any purpose other than a dwelling. f. No signs shall be permitted. g. No outside storage, display, or sale of merchandise, equipment or materials shall be permitted. h. No audible noise, detectable vibration or odor shall extend beyond the confines of the premises, including vertical or horizontal party walls. i. Classes for students or meetings with clients or customers, including delivery of materials incidental to such activities, shall not exceed five persons per day or more than three persons at any one time; provided, however, that occasional special events associated with such activities, such as graduations or recitals, may be permitted by the Zoning Administrator. j. No more than 25 percent of the floor area of the dwelling unit, excluding attached garages, shall be used to conduct the home occupation. 4-27

173 Section Accessory Use Standards Sub-section Specific Standards for Certain Accessory Uses k. No more than 20 square feet of the total floor area of the principal dwelling shall be used for storage of stock in trade. The storage of hazardous materials shall be prohibited. l. No parking spaces shall be added on the premises for customers, clients, or students of the home occupation. No motor vehicle used by such persons shall be parked at any place on the premises except as shown on the home occupation application filed in accordance with this division. m. No electrical or mechanical equipment shall be employed other than machinery or equipment customarily used in the home and associated with a hobby or avocation. E. Outdoor Display and Sales Outdoor display or sales may be allowed as an accessory use for all retail sales and service uses and wholesale sales uses. It is the intent of this Ordinance to allow the display of merchandise for sale, but not where the display of such items impedes the flow of pedestrian or vehicular traffic, or creates an unsafe condition. The outdoor display/sales of goods shall comply with the following standards: 1. Outdoor display/sales areas shall be depicted upon a site plan (see Section 72-26, Site Plan). 2. All outdoor display of goods shall be located immediately adjacent to the storefront, or building sides, and not in drive aisles, loading zones, fire lanes, or parking lots. 3. Containers or racks used for display shall be capable of being moved indoors. 4. Outdoor display areas shall be limited to no more than one-half of the length of the store front or building side. 5. In the case of a shopping center, the storefront shall include the entire frontage of the shopping center facade, meaning that the total amount of display for all the in-line tenants combined shall not exceed 50 percent of the aggregate store front length of the shopping center. 6. The area of outdoor display or sales shall not encompass the width of the entrance doors to the establishment as projected straight out from the facility. (For example, if the width of the entrance doors is ten feet, there shall be at least a ten-foot clearance from the doors as projected straight out and away from the facility.) 7. No goods shall be attached to a building s wall surface. 8. The height of the outdoor display shall not exceed nine feet, except in the case of live or recently cut trees or similar vegetation. 9. The outdoor display area shall take place on an improved surface such as the sidewalk or pavement. 10. At least five feet along the parking lot side of the display shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to walk around the display. 11. Outdoor sales shall not include hazardous and flammable materials, such as gasoline, oil, antifreeze, kerosene, poisons, pesticides, and similar items. 12. No additional signage shall be permitted in association with outdoor display areas. 13. Outdoor display of large items (e.g., heavy equipment, vehicles, manufactured homes, prefabricated structures, etc.) shall comply with the standards applied to these activities when they occur as principal uses (see Section 72-41, Use-Specific Standards). 4-28

174 Section Accessory Use Standards Sub-section Specific Standards for Certain Accessory Uses F. Outdoor Storage (as an Accessory Use) Outdoor storage may be allowed as an accessory use in accordance with the following standards: 1. Each outdoor storage area shall be incorporated into the overall design of the principal structure on the site and shall be shown on a site plan, if one is required. 2. Outdoor storage areas shall be located to the side or rear of the principal structure. 3. Outdoor storage areas shall not be located within fire lanes, parking lot drive aisles, loading zones, required setbacks, required off-street parking spaces, or sight triangles. 4. Goods stored in an outdoor storage area intended for sale or resale shall be limited to those sold on the premises as part of an associated, additional principal use. 5. Each outdoor storage area shall be screened from off-site views in accordance with Table F, Outdoor Storage Screening: TABLE F: OUTDOOR STORAGE SCREENING ADJACENT FEATURE OR ZONING DISTRICT TO BE SCREENED MINIMUM OPAQUE SCREENING FENCE OR WALL HEIGHT (FEET) STORED OBJECT/MATERIAL MAXIMUM HEIGHT WITHIN 50 FEET OF FENCE OR WALL (FEET) [2] Public street right-of-way 6 5 Park, recreation, or civic area 8 7 Single-family residential zone [1] 8 8 Multi-family residential zone [1] 6 6 Commercial or mixed-use zone [1] 6 6 Industrial zone None N/A NOTES: [1] Or use type if in a planned development district [2] Stored object/material heights located more than 50 feet from a screening fence or wall shall not exceed 35 feet in height. 6. If the outdoor storage area is covered, then the covering shall include at least one of the predominant exposed roofing colors on the primary structure. 7. No materials may be stored in areas intended for vehicular or pedestrian circulation. G. Parking of Heavy Trucks, Trailers, or Major Recreational Equipment in Residential Districts 1. Intent It is the intent of this subsection to prohibit the customary or continual parking of commercial or other vehicles engaged in activity exceeding personal transport on streets and within yards adjacent to streets in residential neighborhoods since the presence of such vehicles runs contrary to the intended residential character of such neighborhoods. It is not the intent of these standards to prevent the occasional or temporary parking of 4-29

175 Section Accessory Use Standards Sub-section Specific Standards for Certain Accessory Uses such vehicles or equipment as necessary for the purposes of loading, unloading, or cleaning; however, the continual or customary overnight parking of such vehicles or equipment for a portion of the day followed by removal the following day is prohibited. 2. Applicability The standards in this subsection apply to trucks with more than two axles or that exceed 13,000 pounds or two-and-one-half tons of gross vehicle weight rating, trailers with more than one axle, or major recreational equipment, including, but not limited to, boats, campers, recreational vehicles, motor homes, and travel trailers. 3. Standards i ii iii iv H. Satellite Dish Antennas Heavy trucks and trailers with a rated capacity exceeding two-andone-half tons, or major recreational equipment, shall not be parked or stored on public right-of-way in a residential zoning district except for the purposes of active loading or unloading. No heavy truck, trailer, or other major recreational equipment shall be parked or stored in any front yard, corner side yard, or in any location where it is closer to a street right-of-way than the principal structure within a residential or mixed-use zoning district. Major recreational equipment may be stored in the rear yard within a residential district, provided the equipment is at least ten feet from all lot lines. Major recreational equipment may be exempted from the standards in this subsection following approval of a temporary use permit for a maximum period of ten days during a calendar year. 1. Satellite dish antennas shall be allowed in all zoning districts as an accessory use, but may only be erected, altered, raised, or relocated in accordance with a certificate of zoning use issued by the Zoning Administrator based upon consideration of the following factors: a. No satellite dish antenna shall be located in a front yard; b. Of all the locations practicably available for location of the proposed satellite dish antenna, the proposed location shall be the one that has the least negative impacts on surrounding buildings and neighborhoods and be the one least visible from nearby properties and the public right-of-way, yet still provides adequate transmission and reception; c. The proposed size and height of such satellite dish antenna shall be compatible with the height and scale of adjacent buildings and shall be the minimum size and height necessary to conduct the anticipated transmission or reception activity; d. Such antenna shall meet all of the requirements of this section relating to accessory structures and be landscaped or screened so as to substantially conceal it from view from nearby properties and the public right-of-way; and e. No advertising, telephone numbers, pictorial designs, or other drawings shall be permitted on such antennas. 4-30

176 Section Accessory Use Standards Sub-section Specific Standards for Certain Accessory Uses 2. No satellite dish antenna within the HFD that is subject to view from a public street, right-of-way, or place shall be erected, altered, or relocated until approved by the ARB pursuant to section , Certificates of Appropriateness. 3. Amateur radio stations properly licensed by the Federal Communications Commission or the U.S. Department of Defense shall be exempt from the provisions of this section. I. Solar Energy Equipment Solar energy equipment shall comply with the following standards: 1. The system may be located on the roof of a principal or accessory structure, on the side of such structures, on a pole, or on the ground, subject to the dimensional standards in the district where located (see Article 72-3: Zoning Districts). 2. The system shall comply with the maximum height standards for the zoning district in which it is located, provided that a roof-mounted system shall not extend more than 15 feet above the roofline of the structure on which it is mounted. 3. Where an existing structure exceeds the applicable height limit, a solar energy collection system may be located on its roof irrespective of applicable height standards, provided the system extends no more than five feet above the roof surface. 4. The area of the system shall not exceed one-half the footprint of the principal structure or 600 square feet, whichever is greater. 5. The property owner shall be responsible for negotiating with other property owners in the vicinity to establish any solar easement designed to protect solar access for the solar energy collection system. J. Temporary Family Health Care Structure 1. The Zoning Administrator may issue a zoning permit for one temporary family health care structure per parcel upon receipt of proof of compliance with the requirements of Code of Virginia which are incorporated herein by reference. 2. The applicant for a temporary family health care structure shall provide to the Zoning Administrator evidence of compliance with Code of Virginia on an annual basis as long as the temporary family health care structure remains on the property. Such evidence may involve the inspection of the temporary family health care structure at reasonable times convenient to the caregiver, not limited to the annual compliance confirmation. 3. A temporary family health care structure shall be removed within 60 days of the date on which the structure was last occupied by a mentally or physically impaired person receiving services or in need of assistance as provided in Code of Virginia

177 72-43 TEMPORARY USE STANDARDS Section Temporary Use Standards Sub-section Procedure for Issuance The following uses may be approved as temporary uses, subject to issuance of a temporary use permit in accordance with the following standards Procedure for Issuance A. The application for any zoning permit shall be filed at least three weeks prior to the date on which the permit is to take effect, provided that the Zoning Administrator may approve a lesser time period. The application forms shall provide such information as the Zoning Administrator shall find to be reasonably necessary for the proper administration of this section. B. Upon finding that the application does sufficiently comply with the standards set for the use in question as well as those general standards set forth in this section, the Zoning Administrator shall issue a zoning permit, setting forth the duration of the permit and specifying such conditions as to hours, location, parking, traffic access, and safety requirements as will serve to protect the health, safety and welfare of the public and which will protect adjacent properties from any adverse effects of the use Revocation of Zoning Permit A. The Zoning Administrator may revoke a zoning permit at any time on the failure of the owner or operator of the use covered by the permit to observe all requirements of the law with respect to the maintenance and conduct of the use and all conditions in connection with their permit that were designated by the Zoning Administrator in issuing the same. B. Notice of such revocation shall be made by letter from the Zoning Administrator to the owner or operator of the use for which the permit has been granted, handdelivered or mailed, return receipt requested, setting forth the grounds upon which the permit was revoked, the date and time upon which the revocation is effective, and informing the owner or operator of the appeals procedure in accordance with Virginia Code Section C. Upon receipt of such notice, the owner or operator of such use shall cease operation of the use. D. In the case of an appeal from the revocation of a zoning permit, the aggrieved party may request a meeting with the Zoning Administrator to present his grounds for appeal. The Zoning Administrator shall meet with the aggrieved party within 48 hours of the date upon which the appeal is received. Within 24 hours of the date of the meeting, the Zoning Administrator shall inform the aggrieved party, in writing, of his/her decision to affirm, modify or rescind the revocation of the zoning permit Standards A. Contractors' Offices and Equipment Sheds (Including Trailers) 1. A zoning permit may be issued for a period beginning no earlier than 30 days prior to the issuance of building/grading permits and terminating no later than 20 days after issuance of a certificate of occupancy for the last building to be constructed in the project. 4-32

178 Section Temporary Use Standards Sub-section Standards 2. Such uses shall be located within the recorded subdivision or on the same lot where the construction project is located. 3. Such uses shall not interfere with traffic movement on adjacent streets. B. Promotional Activities of Retail Merchants 1. A zoning permit may be issued for a period not to exceed a total of 120 days per calendar year. 2. Such promotional activities involving the outdoor display of goods and merchandise shall be conducted within an area immediately adjacent to the place where such items are customarily sold. 3. No required off-street parking space, service drive or loading area shall be utilized for such display. 4. The outdoor display of used appliances, used furniture, used housewares, used plumbing, used building materials, and other similar used merchandise shall not be authorized under this section. C. Portable Storage Containers 1. On Residentially Zoned and Developed Lots a. Portable storage containers may be allowed in any residential district for a period not to exceed 90 days in any 12-month period. b. A maximum of two portable storage containers having a storage capacity of not more than 256 square feet shall be permitted on any residential lot. 2. On Non-Residentially Developed Lots a. Portable storage containers may be allowed in CSC, CH, PDC and any I districts for the purpose of increasing the storage capacity of the principal use to which it serves for a period not to exceed 90 days in any 12-month period. b. Portable storage containers shall not exceed the standards in Table C, Portable Storage Container Size: TABLE C: PORTABLE STORAGE CONTAINER SIZE PRINCIPAL USE GROSS FLOOR AREA (SQ. FT.) MAXIMUM PORTABLE STORAGE CONTAINER SIZE (SQ. FT.) 0 to 9, ,000 to 19, ,000 to 34, ,000 to 49,999 1,280 50,000 to 74,999 1,600 75,000 to 99,999 1, ,000 to 149,000 2,560 [1] NOTES: [1] Additional portable storage container square footage shall be permitted in increments of 1,280 square feet with each additional 50,000 square feet of gross floor area of principal use. 4-33

179 Section Temporary Use Standards Sub-section Standards c. Portable storage containers shall have a storage capacity no greater than 320 square feet nor dimensions greater than 40 feet in length, eight feet in width or eight and one-half feet in height. d. Portable storage containers shall not be used for purposes of retail display. e. Portable storage containers shall be sufficiently screened by a solid fence, wall, landscaping and/or a combination of these items so as to not be visible from any public right-of-way. 3. On All Lots a. Portable storage containers shall be located behind the principal building on site. If site conditions prevent location behind the principal building, containers may be placed in a driveway or parking lot provided the required parking spaces are unobstructed and prior approval of the location has been granted by the Zoning Administrator. In no instance shall a portable storage container be placed in a public right-of-way or public street without prior written consent of the Director of Public Works. b. No portable storage container shall be located closer than five feet to any lot line unless a shorter distance is approved by the Zoning Administrator. c. All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration. d. Portable storage containers shall not be placed in a manner that will obstruct a fire lane or in a manner that may hinder emergency and/or fire equipment and vehicles. D. Carnival, Circus, Festival, Fair, Horse Show, Dog Show, Steeplechase, Sale of Christmas Trees or Other Seasonal Commodities and Other Similar Activities 1. A zoning permit may be issued for a period not to exceed 30 consecutive days. 2. All permitted activities shall be sponsored by a volunteer fire company, local chamber of commerce, veterans' organization, service club, civic organization, place of worship or religious organization, sports or hunt club, charitable, educational or nonprofit organization or recognized chapter thereof whose principal administrative offices are located within the City. 3. When the activity is a circus, fair or carnival, and the owner of the circus, fair or carnival is an entity other than the sponsoring organization, the sponsoring organization shall furnish the Zoning Administrator the name and address of the owner or owners of the circus, fair or carnival. 4. No zoning permit shall be issued unless adequate provision is made for offstreet parking and loading requirements. 5. Zoning permits shall not be issued to the same applicant more than four times in any calendar year; each temporary use shall be separated by a period of not less than 30 days. E. Subdivision and Apartment Sales and Rental Offices 1. A zoning permit may continue until the sale or lease of all dwelling units in the development, but in no event shall the time exceed two years. 4-34

180 Section Temporary Use Standards Sub-section Standards 2. Such office shall be incidental to and located within the recorded subdivision which it serves or on the same lot where the sales project is located. 3. Such office shall contain no sleeping accommodations unless located in a model dwelling unit. Such sleeping accommodations shall be for the purpose of display only. F. Tents on Private Property No Zoning Permit, and no Special Use Permit or Special Exception shall be required in order for an individual to lawfully erect a tent on private property: 1. Intended to serve as temporary structure for a period of three (3) days or less; and 2. That will be used primarily for private or family-related events including, but not limited to, weddings and estate sales. G. Yard Sale Yard sales and associated temporary signs shall be permitted in all residential districts subject to the following conditions: 1. No more than two yard sales are held within a calendar year at the same location and lasting no more than three consecutive days. 2. All signs shall be located upon stakes, not on a city structure or tree, and shall not exceed two square feet maximum aggregate area and shall be located only on the shoulder of the road adjacent to a sidewalk and not within the median strips. 3. Signs shall not be installed until 6 pm of the day before the event. 4. Signs shall be removed by 6 pm of the last day of the event and not allowed to remain beyond the date of the event. 5. No more than four off-premise signs are used to direct traffic to the site. 4-35

181

182 Article 72-5: Development Standards

183

184 ARTICLE 72-5: DEVELOPMENT STANDARDS General Standards Purpose Applicability Naming Monuments and Corners Density & Layout Density Requirements Blocks Lots Cluster Subdivisions Open Space Access Public Streets & Curb and Gutter Private Streets Alleys Vehicular Ingress/Egress (Driveways) Traffic Signalization and Control Pedestrian Access and Bicycle Trails Parking Off-Street Parking and Loading Parking Standards for Single-Family Development Alternative Parking Plans Bicycle Parking Utilities Sanitary Sewer Public Water Storm Water Utilities Utility Easements Landscaping General Requirements

185 Vehicular Use Area Landscaping Foundation Plantings Perimeter Landscape Buffers Screening Trees Alternative Landscape Plans Maintenance Fences and Walls Location Requirements Height Standards Maintenance Refuse Collection Areas Standards Exterior Lighting Lighting Plan General Standards Measurement Signage Purpose and Intent General Regulations Exemptions Prohibited Signs Application, Fee, Expiration and Special Exceptions Sign Regulations by Zoning District Temporary Signs Visibility from Interstate and Federal Aid Highways5-74

186 Article 72-5: Development Standards GENERAL STANDARDS Purpose The purpose of Article 72-5 and the various sections and subsections set forth herein is to establish community standards for development in the City, to assure the development of land in an orderly fashion in harmony with existing and planned patterns within the community, to improve the public health, safety, convenience and welfare of citizens; to develop community centers with adequate highway, utility, health, educational and recreational facilities; to provide residential areas with health surroundings for family life; and to ensure that the growth of the community will be consonant with the efficient and economical use of public funds Applicability A. General Except where otherwise expressly stated, the standards in Article 72-5 apply to all development in the City, as well as to all rights-of-way. B. Time of Review Compliance with the development standards set forth in Article 72-5 shall also be required (i) whenever an existing use is expanded, (ii) whenever existing structures or buildings are enlarged by 50 percent or more, and (iii) whenever a building or structure is otherwise structurally altered as provided in the Building Code. C. Existing Development Review for compliance with the standards in Article 72-5 shall take place as part of the review of an application for approval of a site plan, subdivision, planned development, cluster development, special use permit, special exception zoning permit, or other development approval required by this Ordinance, as may be applicable in a particular situation. The requirements of this Article shall not apply to any development that is the subject of a site plan, or a recorded subdivision plat, approved prior to October 8,

187 Section Density & Layout Sub-section Naming Naming A. Subdivision Names New subdivisions shall be identified by the name by which the intended subdivision is to be known. Names shall not duplicate or closely approximate names already in use in Fredericksburg, Spotsylvania County or Stafford County. The proposed name shall be reviewed for approval by the Geographic Information System Manager, the Emergency Communications Center Supervisor, and the Fire Marshal. B. Street Names New streets shall be identified by the name by which they are intended to be known. Names shall not duplicate or closely approximate names already in use in the City. The proposed names shall be reviewed for approval by the Geographic Information System Manager, the Emergency Communications Center Supervisor, and the Fire Marshal Monuments and Corners 1. Materials, dimensions, and construction details for monuments and corners on streets shall be in accordance with VDOT Requirements. 2. All other lot corners shall be marked with solid metal pins not less than fiveeighths inch in diameter and 24 inches long and driven so as to be flush with the finished grade. When rock is encountered, the solid metal monument shall be set in a hole drilled at least one-half inch deep in the rock DENSITY & LAYOUT Density Requirements A. Density Requirements 1. Unbuildable Lands a. Fifty percent of the allowable maximum density shall be permitted and calculated for that area of a site containing any or all of the following features, when the sum of such features comprises 25 percent or more of such site: i ii iii iv 100-year frequency floodplains; Slopes in excess of 25 percent; Quarries or landfills, abandoned mines, or excavation areas; and Soils determined to be unbuildable for residential and street development. b. Seventy-five percent of the allowable maximum density shall be permitted and calculated for that area of a site containing any or all of the features set forth in section A.1, above, when the sum of such features comprises 15 to 24 percent of such site. 2. Density Credits a. Additional density credit, but not to exceed ten percent of the maximum allowable density in a given district, may be granted by the City Council on a case-by-case basis, where special amenities or 5-2

188 Section Density & Layout Sub-section Blocks recreational improvements of high construction costs are provided in a given residential development. The phasing and design of such improvements shall be subject to final plan approval and shall be bonded with other site improvements. b. Full density credit shall be permitted and calculated for areas needed by the city to be dedicated for a public park, public school site, public facility, or public transportation improvements as indicated on the adopted comprehensive plan, provided that such areas are deeded to and accepted by the city. Such dedicated park areas toward the open space requirements of the district in which located. c. No density credit shall be given for those areas located within major utility easements or rights-of-way greater than 25 feet in width acquired after October 8, d. In administering the provisions of this section, the Development Administrator shall have the authority to determine the qualifying characteristics of lands to be used for density credit and for open space or landscaped open space in a given district. e. Lands in common open space or landscaped open space shall be so covenanted and perpetually improved, maintained, managed and owned by a nonprofit organization or other legal entity established under the laws of the state. Such entity shall be approved by the City Attorney as a condition of final plat approval Blocks A. Length The length of a block shall be not less than 300 feet and not more than 600 feet. B. Width The width of a block shall be sufficient to allow two tiers of lots of minimum depth, except where fronting on primary streets. However, that the Development Administrator may approve a single tier of lots of minimum depth wherever necessary or desirable as a result of the physiography of a site, or to conform with an established pattern of development.. C. Orientation Where a proposed subdivision adjoins an arterial street or a collector street, the City Council may require service streets or driveways to be installed parallel to such arterial or collector street, upon a finding that this is necessary to facilitate safe ingress or egress to the subdivision. D. Nonconforming Blocks Any proposed blocks of irregular shape, or otherwise failing to conform with the dimensions required in this division, may be approved as an exception to the general regulations, in accordance with the process set forth within Section

189 Section Density & Layout Sub-section Lots Lots A. Relationship to Street Each lot shall abut on a public street. However, land in the R-8, R-12, R-16, R30, C-H, C-SC, I-1, I-2, PD-R, PD-C, PD-MU, and PD-MC districts may be served by a recorded access easement across another lot, provided that (i) the lot burdened by the access easement fronts on a public street, and (ii) such access is a use permitted within the zoning district in which the lot burdened by the easement is located. B. Corner Lots Corner lots shall have extra width sufficient for the maintenance of required setbacks on both streets upon which the corner lot abuts. C. Right-of-Way Lines Right-of-way lines that form the property lines of lots shall be parallel to the street centerline. D. Size and Area The minimum size and area of a proposed subdivision lot shall be as set forth in the regulations for the zoning district in which the lot will be situated (as stated in Article 72-3: Zoning Districts). The minimum lot size shall not include the following: 1. Private Streets or access easements; 2. Land encumbered by easement for distribution facilities, transformers, distribution lines, or transmission lines for major power, gas or other utilities, not including easements that are less than 25 feet; or 3. Environmentally sensitive areas, based on the finished grade following grading, excavation, or other land disturbing activity, specifically defined as: a. 100-year floodplains; b. Highly erodible soils, including lands with slopes 25 percent or greater; c. Highly permeable soils; and d. Ponds, non-tidal wetlands, intermittent streams; Ord. No , E. Outparcels The design of a subdivision shall not result in the creation of any remnant or outparcel of land having less than the minimum lot size; however, the City Council for major subdivisions or Development Administrator for minor subdivisions, may approve a proposed remnant or outparcel under the following circumstances: (i) the remnant or outparcel is intended for a specific accessory use for the subdivision, and the subdivision plat contains a notation restricting the use and development of the remnant or outparcel to that specific use; or (ii) the remnant or outparcel is intended to be reserved as open space set-aside, and the subdivision plat contains a notation restricting the use and development of the remnant or outparcel to open space use, or (iii) upon a finding by that the proposed remnant or outparcel will be reserved for another use that will benefit the public (for example, public water, sewer, stormwater or similar utility facilities), and the subdivision plat contains a notation restricting the use and development of the remnant or outparcel to that specific use. Any remnant or outparcel shall not be accepted for public use unless such property, in the City s determination, is adequate for the proposed public use and acceptable to the City for such dedication and maintenance. 5-4

190 Section Density & Layout Sub-section Cluster Subdivisions F. Pipestem Lots Pipestem lots shall constitute no more than ten percent of the lots in any one section of a subdivision and shall be used only for single-family, detached dwellings. A pipestem driveway shall serve no more than three lots, shall have a width of no less than 12 feet, and shall have a length not greater than 200 feet from the street right-of-way. The final subdivision plat for each pipestem lot shall note that the purchaser assumes all obligations for the ownership, maintenance, and perpetual upkeep of the driveway serving such lot Cluster Subdivisions A. Purpose and Intent The purpose and intent of this section is to provide landowners in lower density residential zoning districts a development option that provides additional development flexibility to build on smaller lots when additional open space setasides are provided, and the development is designed and located in a way that protects the natural and historic features on the site. This is done in order to conserve open land, allow development on land which includes significant natural resources and unbuildable lands, and to link environmental resource areas together. B. Applicability These cluster subdivision standards may be used only for single-family detached residential development in the R-2 and R-4 zoning districts. (Ord. No , ) C. Minimum Area 1. Each cluster subdivision shall be at least two acres in area and shall incorporate no fewer than five lots along with the required open space. 2. In no instance shall a buildable lot be extended into a floodplain or open space set-aside area. D. Additional Standards 1. In no instance shall a cluster subdivision exceed maximum density of the base zoning district where located. 2. Lots shall be located so as to minimize the need for grading and removal of existing vegetation. 3. The cluster subdivision shall promote a harmonious relationship with adjacent land, to the maximum extent practicable. This may be accomplished through coordination of lot sizes with lots on adjacent lands, location of buildings in areas away from view of existing development or rights-of-way, or through the use of landscape buffering along the perimeter of the subdivision. E. Open Space Set Aside 1. Each cluster subdivision shall set aside at least 25 percent of the total subdivision area as permanent private common open space. 2. At least 60 percent of the open space set-aside shall be configured as one single parcel. Street right-of-way may go through an open space area and still allow the area to be considered as one parcel for the purpose of meeting the 60 percent requirement. 5-5

191 Section Density & Layout Sub-section Open Space 3. Open space set-asides shall be located and configured to connect with open space and recreation areas on adjacent lands, to the maximum extent practicable. Figure , Example Cluster Subdivision Open Space A. Open Space Standards 1. Calculation of Open Space Set-Asides a. Features Counted as Open Space Set-Asides The following site features shall be credited towards the open space setaside requirement: i ii Existing water features Drainage canals, lakes, natural ponds, streams, rivers, etc., wetlands, floodplains, and areas of steep slopes of 25 percent and greater. Required Landscaping and Tree Protection Zones Areas occupied by required landscaping or tree protection zones. iii Recreation and Park Areas Lands used for recreation, parks, and gardens. iv Private Active Recreational Areas Land occupied by active recreational uses such as pools, playgrounds, tennis courts, jogging trails, and clubhouses. v Private Passive Recreational Areas Passive recreation areas such as trails, walkways, and open fields or meadows. 5-6

192 Section Density & Layout Sub-section Open Space vi Functionally-Dependent Features Docks, swimming platforms, boat launches, and boardwalks providing access to surface waters. vii Urban Features Plazas, fountains, roof gardens, atriums, and pedestrian seating/activity areas in the C-D and planned development districts. viii Stormwater Management Site Amenities Land area occupied by stormwater management devices (including retention ponds, fully vegetated detention basins, and other bioretention devices) that function as a site amenity with access, gentle slopes of three-to-one (3:1) or less, and pedestrian elements such as paths, benches, and similar features. b. Not Counted as Open Space Set-Asides The following areas shall not be counted as open space set-asides: i ii iii iv v Yards within lots occupied by buildings and structures, which are not subject to an open space or conservation easement; Areas within Public street rights-of-way and private street easements; Vehicular use areas and driveways for residential dwellings; Land covered by structures not designated for active recreational uses; and Designated outdoor storage areas. 2. Design Standards for Open Space Set-Asides Land used as an open space set-aside shall meet the following design standards: Figure A.2.a, Focal Point a. Location Open space shall be located so as to be readily accessible and useable by residents and users of the development. Where possible, a portion of the open space set-aside should provide focal points for the development (see Figure A.2.a, Focal Point). 5-7

193 Section Density & Layout Sub-section Open Space b. Adjacent to Existing or Planned Open Space Where the development site is adjacent to existing or planned trails, parks, or other public open area land, the open space set-aside shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the trail, park, or other open area land (see Figure A.2.b, Open Space Location). FIGURE A.2.b, OPEN SPACE LOCATION c. Configuration Lands identified as open space set-aside shall be compact and contiguous unless the land is used as a continuation of an existing trail, or specific natural or topographic features require a different configuration. d. Prioritization of Open Space Set-Aside To the maximum extent practicable, every open space set-aside should be located and organized to include, protect, or enhance the following open areas and features: i ii iii iv v vi Environmentally-sensitive lands and natural features such as riparian areas, steep slopes, wildlife corridors, and mature trees (four-inch caliper or greater); Lands that may extend or enhance existing park or open space features; Water features such as canals, lakes, natural ponds, and retention and detention ponds configured as amenities; Landscaped buffers or visual transitions between different types or intensities of uses; Habitat for endangered species; and Areas that accommodate multiple compatible open space uses rather than a single use. 5-8

194 Section Density & Layout Sub-section Open Space e. Provision in Multi-Phase Developments Multi-phase development shall designate and reserve open space setasides in phases, so that each phase of development contains, at a minimum, its pro rata share of the total amount of required open space set aside. 3. Allowable Uses in Open Space Set-Asides Open space set-aside areas shall not be disturbed, developed, or improved with any structures except for the following limited purposes: a. Active Recreation Uses Structures for active recreation purposes including pedestrian-scaled lighting; gazebos or other decorative structures; fountains or other water features; swimming pools; club houses; play structures for children; gardens or seasonal planting areas; or ball fields used primarily for recreational purposes (equipment or structures shall be indicated on site plans, subdivision plats, or planned development master plans. b. Passive Recreational Uses Facilities for passive recreational, environmental education, wildlife habitat protection, and natural area preservation purposes including, but not limited to: undisturbed land; walking, jogging, and biking paths or trails; benches or other seating areas; tables, shelters, grills, and other picnicking facilities; open and unimproved fields or lawn areas; docks and other facilities for fishing; and environmental guides and exhibits. c. Public Facilities Public features such as libraries, community centers, museums, historic sites, and similar features. d. Conservation Lands Areas of undisturbed land and vegetation. e. Farming and Forestry Lands Active agricultural operations, including farming and forestry. 4. Ownership of Open Space Set-Asides a. Homeowners or Property Owners Association All open space set-aside areas shall be owned jointly or in common by the owners of the development through a recognized homeowners or property owners association. b. Nonprofit Organization The landowners may decide to convey an open space set-aside to a nonprofit organization such as a land trust or land conservancy for management and maintenance, with the approval of the City upon a determination by the City that adequate assurance has been provided that the set-aside will be properly managed and maintained. c. Dedicated to City or Other Public Agency In some cases, certain lands designated as open space set-asides, such as wildlife habitat, may be dedicated to the City or other public agency during the development review process. The City Council shall determine which lands and under what conditions the dedication of 5-9

195 Section Access Sub-section Public Streets & Curb and Gutter ACCESS open space set-asides will be accepted by the City or other public agency. 5. Maintenance of Open Space Set-Asides The owner of the land within an open space set-aside shall be responsible for its maintenance. The area within an open space set-aside shall be maintained in a condition such that (i) it can be safely used for its intended and designated purpose, (ii) it does not constitute a public nuisance, and (iii) it remains in compliance with applicable provisions of this UDO and of other laws and regulations, including, as may be applicable, the Property Maintenance requirements of the Building Code Public Streets & Curb and Gutter A. Location and Alignment 1. All street and highway construction standards and geometric design standards shall be in accord with those specified in the VDOT Road Design Manual, VDOT Road and Bridge Standards and VDOT Road and Bridge Specifications (individually and collectively, VDOT Requirements), except (i) as otherwise specifically provided herein, and (ii) as modified by the Director of Public Works, as to the geometric design standards for local, collector, and minor loop streets, upon a finding that off-street parking bays sufficient to accommodate the required parking ratio are provided to complement the street system. 2. All subdivisions must have direct access to a public street. 3. Every subdivision shall be designed so that no lot will have direct access to any arterial road unless the physiography, shape or size of a lot precludes other methods of providing access. 4. Every street within a subdivision shall be designed to provide access to adjacent acreage, unless not determined necessary by the City Council for Major Subdivisions or by the Development Administrator for Minor Subdivisions. 5. Streets shall be designed to ensure proper integration and coordination with other existing, recorded or planned streets within and contiguous to the subdivision. 6. Where traffic generated from a subdivision exceeds 1,000 vehicles per day, such subdivision shall provide connectors to any existing public road at two locations. Where only one connection is physically achievable, the connecting portion of the entrance roadway must be a four-lane divided standard highway extending into the development for a length of not less than 250 feet. Exceptions to this requirement may be granted in accordance with Section No internal vehicular connection shall be permitted to this entrance section. 7. The arrangement of streets shall provide for the planned continuation of existing streets in adjacent areas, and must not be such as to cause unnecessary hardship to owners of adjacent property susceptible to future subdivision. 8. Half street sections along the property line of land proposed for subdivision shall not be permitted. 5-10

196 Section Access Sub-section Public Streets & Curb and Gutter 9. There shall be no buffer or reserve strips (also known as spite strips) limiting present or planned access to streets, unless an exception is approved in accordance with Section An exception may be granted subject to such limitations and conditions in written form as deemed necessary to secure the removal of the buffer or reserve strip whenever it is in the public interest that such strip be converted into a public street as an access to adjacent lands. B. Approach Angle Streets shall intersect at right angles unless the Development Administrator approves an exception authorizing a lesser angle of approach for reasons of contour, terrain, or matching of existing patterns is approved in accordance with Section C. Cul-de-sac Streets 1. Cul-de-sac (minor neighborhood streets designed to have one end permanently closed) shall not be longer than 600 feet. All cul-de-sac streets must be terminated by a turnaround having a right-of-way radius of 52 feet and a paved radius of 43 feet. 2. When a street that ended temporarily in a cul-de-sac is extended, the area of the temporary turnaround shall be reconstructed by the developer to provide a typical street section meeting current standards. As part of the construction work to extend the street, areas of the temporary cul-de-sac bulb, outside of the permanent right of way, shall be restored to a natural state. D. Street Grades 1. The grades of streets shall not exceed eight percent unless an exception is approved, in accordance with the process set forth within Section A minimum street grade of 0.5 percent shall be required. E. Street Extensions 1. Proposed extensions of existing streets shall be designed and constructed in accordance with the VDOT Requirements. 2. Where provision has been made for the future extension of a street or access to an adjacent parcel through extension of existing right-of-way either public or private, street extension notification signs shall be installed prior to final plat recordation for the subdivision or section thereof. The location of such street extension notification signs shall be shown, with details, on construction plans. In those subdivisions where a homeowners association has been established, provision shall be made in the documents establishing the homeowners association for the maintenance and repair of the street extension notification signs until such time as the street is extended. F. Street Signs At each street intersection within or adjacent to the proposed subdivision, one street identification sign of a design approved by the Development Administrator shall be installed by the developer prior to issuance of any occupancy permit in the subdivision. All signs shall be in accord with the Manual of Uniform Traffic Control Devices and its Virginia Supplement. The location of such street identification and traffic safety signs shall be shown on construction plans and site plans. 5-11

197 Section Access Sub-section Private Streets G. Street Lighting For residential development, street lighting shall be installed which provides a minimum average of 0.3 foot candles at road grade. The location of required street lighting and related information shall be shown on [subdivision plats, site plans] and construction plans. On streets to be adopted into the City s public street system, the street lights and related facilities shall be located within public rights-of-way, or within dedicated public utility easements. Each developer must coordinate with the utility company providing electric power for the location and installation of lights. Lighting shall be a standard fixture offered for installation by the power company and approved by the Department of Public Works, or may be a non-standard ornamental type light in accordance with the power company regulations and approved by the Department of Public Works. Lighting plans for public streets shall be approved by the City s Department of Public Works. On private streets, lighting may consist of street lights or individual lights at the front of each lot. No occupancy permit shall be issued by the building official for a development, or a phase within a development, until all required street lights are installed according to approved plans and are functioning in proper working condition. The cost of installation of the street lighting shall be borne by the developer. Following installation, the costs of operation of public street lighting shall be borne by the City of Fredericksburg. H. Curb and Gutter Curb and gutter shall be required on all streets, in accordance with VDOT Requirements. Construction of curb and gutter is required around all medians that separate travel lanes and service drives from existing streets, and which separate off-street parking areas from streets, service drives, and travel lanes; however, the Development Administrator may waive the construction of an inside curb and gutter on a travel lane, upon a determination that this would be in keeping with the existing or proposed design of the travel lane or parking aisle on adjacent properties so that adequate and safe traffic circulation between sites can be obtained without such curb and gutter Private Streets Private streets shall comply with the following standards: A. Private streets shall be constructed in accordance with the design and construction requirements for public streets, as specified in Section of this Ordinance. B. The recorded instrument creating any private street shall state that persons performing maintenance on public facilities, and persons engaged in emergency response on behalf of the City, shall have a perpetual easements for ingress and egress over such street, to reach property to which the street serves as access. C. Private streets shall be perpetually owned, managed and maintained by the property owner(s) in accordance with a document, suitable for recordation among the public land records of the City, approved and certified by the City Manager and the City Attorney, prior to final subdivision plat approval. As a condition of subdivision plat approval, the maintenance agreement shall be recorded among the City s land records. D. Whenever a subdivision street is a private street, the plat and all approved deeds of subdivision shall contain a statement advising that the streets in the subdivision will not be maintained by the Virginia Department of Transportation or the City. 5-12

198 Section Access Sub-section Alleys Alleys E. The developer of any private streets shall be required to provide a guarantee to ensure completion of the construction of private streets in accordance with these requirements. A. Alleys shall be encouraged where they provide alternative means of access to lots. B. Alleys without through access shall include turnaround facilities consistent with cul-de-sac requirements specified for Public Streets, Section of this Ordinance. C. Alleys shall have curb and gutter. D. Alleys shall have a minimum width of 24 feet unless the Virginia Statewide Fire Prevention Code requires wider access. E. Alleys shall be constructed to the same standards as streets Vehicular Ingress/Egress (Driveways) Any required parking area shall have direct access to a public or private street via a driveway configured in accordance with the following standards: A. Generally All driveways shall be constructed so that: 1. Vehicles can enter and exit from a lot without posing any substantial danger to themselves, pedestrians, or vehicles traveling on abutting streets; and 2. Interference with the free and convenient flow of traffic on abutting or surrounding streets is minimized. B. Access Restrictions 1. No Direct Access to Arterial Streets Driveways serving individual lots shall not have direct access onto arterial streets, unless no alternative means of access, such as alleys or parallel access streets, exists, or unless, it due to topography or unusual circumstances, it would be unreasonable or impractical to establish an alternative means of access. 2. Limited Access to Collector Streets Unless no alternative means of access exists, such as alleys or parallel access streets, and unless, due to topography or unusual circumstances it would be unreasonable or impractical to establish an alternative means of access, direct driveway access to collector streets shall be limited to lots containing multi-family dwellings, commercial, and industrial and related uses (see Table , Use Table). C. Curb Cuts 1. Generally, curb cuts shall comply with VDOT Requirements; however, the Director of Public Works may approve a requested deviation from VDOT Requirements if the proposed modification will achieve at least an equivalent level of safety and will create access that is more desirable than that which would result from strict compliance with VDOT Requirements. 5-13

199 Section Access Sub-section Vehicular Ingress/Egress (Driveways) 2. No freestanding use shall have more than two curb cuts on any single rightof-way, and such curb cuts shall maintain a minimum separation of 60 feet. 3. Curb cuts on adjacent lots shall maintain a minimum separation of 60 feet from one another. 4. No curb cut shall be located closer than 30 feet to a side or rear site line, unless a common curb cut serves adjacent uses. 5. No curb cut on a corner lot shall be located closer than 75 feet from the radius at the corner. 6. The Director of Public Works shall have the discretion to reduce the requirements in this section, consistent with Virginia Department of Transportation standards for safety and feasibility. D. Driveway Width Standards 1. Driveways for single family detached dwelling and duplex dwellings shall be no less than 8.5 feet and no more than 15 feet wide. 2. Unless otherwise approved by the Director of Public Works, driveways for single family attached, multi-family, and non-residential uses shall not exceed 50 feet in width at the curbline or more than 35 feet at the front lot line. Oneway driveways shall have a minimum width of 15 feet, and two-way driveways shall be at least 24 feet wide, unless the Virginia Statewide Fire Prevention Code requires wider access. 3. Driveway aprons, constructed of 3,000 psi concrete a minimum of seven inches thick, shall be provided between the curbline and the front lot line, in accordance with VDOT specifications. E. Parking Lot Cross Access All development, except townhouse, single-family detached, and duplex dwellings, shall be designed to allow cross-access to parking lots in adjacent compatible development in accordance with the following standards: 1. Limited to Two Parcels Cross-access ways shall be designed and located based on the standards of this section, but in no case shall a development be required to provide crossaccess to more than two adjacent parcels. The location and dimensions of the required cross-access shall be shown on a subdivision plat or site plan submitted for approval. When a proposed site plan is subject to the crossaccess requirement, the site plan shall be accompanied by an access easement document, in a form suitable for recording among the City s land records, reserving the area within the easement for the required crossaccess. 2. Future Stubs Required A connection for future parking lot cross-access shall be provided to all adjacent vacant land zoned for a Nonresidential and Mixed-Use or Planned Development zoning district. Development subject to these standards shall be designed to provide future cross-access in at least one location. 3. Minimum Width Cross-access ways shall allow for two-way traffic between parcels through the use of a single drive aisle with a minimum width of 24 feet, or through two one-way aisles, each with a minimum width of 15 feet, unless the Virginia State-wide Fire Prevention Code requires greater width. 4. Delay in Installation 5-14

200 Section Access Sub-section Traffic Signalization and Control The Development Administrator may, for good cause shown, allow the installation of a cross-access way to be delayed, provided there has been recorded among the land records of the City an instrument creating an access easement in the dimensions required by this section, and reserving the area within the easement for use as the required crossaccess way. 5. Developing Parcel Required to Connect to Cross-Access In cases where a cross-access stub or cross-access easement has been provided by an adjacent development, the developing parcel shall provide all cross-access ways necessary to connect to two parking lots. FIGURE , PARKING LOT CROSS ACCESS Traffic Signalization and Control A. Traffic control signs Traffic control signs shall be installed in accordance with the current Manual of Uniform Traffic Control Devices and its Virginia Supplement. B. Traffic signals Traffic control signals shall be installed in accordance with the current Manual of Uniform Traffic Control Devices and its Virginia Supplement. 5-15

201 Section Access Sub-section Pedestrian Access and Bicycle Trails Pedestrian Access and Bicycle Trails A. Sidewalks Where the property on either side of a lot being subdivided or developed has an existing sidewalk, then the owner of the lot being subdivided or developed shall dedicate land for an easement and shall construct within the easement a sidewalk to connect to the existing sidewalk. All new sidewalks shall be constructed in accordance with the VDOT Requirements. In neighborhoods where existing sidewalks are less than five feet wide, or to provide sufficient space for street trees, the Development Administrator may approve a width or alternative material other than the VDOT Requirement. B. Pedestrian Circulation 1. All commercial, mixed-use, and multi-family development shall provide a network of onsite pedestrian connections with a minimum width of five feet to and between the following areas: a. Entrances to each building on the site, including outparcel buildings; b. Public sidewalks and walkways on adjacent properties and along public rights-of-way that extend to the boundaries shared with the subject development; c. Adjacent public transit station areas, transit stops, or other transit facilities; and d. Adjacent parks, trails, schools, and recreation centers. e. Any connections required by the Uniform Statewide Building Code. 2. Pedestrian walkways and crosswalks shall be identified to motorists and pedestrians through the use of one or more of the following methods: a. Changing paving material, patterns, or paving color; b. Changing paving height; c. Bollards; d. Painted crosswalks; e. Raised median walkways with landscaped buffers; or f. Stamped asphalt. 3. Sites larger than two acres shall be divided into smaller units through the use of pedestrian connections and vehicular circulation routes. Breaking up such sites need not require any subdivision of the site or creation of a separate legal description(s). C. Bicycle Trails 1. Bicycle trails shall be constructed in accordance with the general location shown in the City s adopted Pathways Plan. 2. Bicycle trails shall be constructed to the following standards: a. Trails shall be 10 feet wide, with a maximum 5.0 percent longitudinal slope and 2.0 percent cross-slope. Trails width may be reduced to eight feet, with the City s approval, where physical constraints preclude construction of the full 10 foot width. b. The immediate two feet on either side of the trail (shoulder) shall not exceed a slope of 12:1 or 8.0 percent. c. The grade shall be maintained to the trail elevation, to allow positive drainage across the path. 5-16

202 Section Parking Sub-section Off-Street Parking and Loading PARKING d. Trails shall have a 2.5 inch surface course (typically asphalt, but other material may be considered with the City s approval), a 6.0 inch VDOT 21A compacted aggregate base, and an undisturbed or compacted subgrade Off-Street Parking and Loading A. Purpose and Intent The purpose of this section is to ensure provision of off-street parking and loading facilities in proportion to the generalized parking, loading, and transportation demand of the different uses allowed by this Ordinance. The standards in this section are intended to provide for adequate off-street parking while allowing the flexibility needed to accommodate alternative solutions. The standards encourage pedestrian-oriented development in downtown and commercial centers, while avoiding excessive paved surface areas, promoting low impact development, where appropriate, and safeguarding historic resources. B. Applicability 1. General These off-street parking and loading standards shall apply with respect to the use of land, buildings and structures within the City. 2. Exemptions The following activities are exempt from the requirements of this Section : a. Re-striping an existing parking lot, which does not create a deficit in the number of required parking spaces, or other nonconformity with the requirements of this Section ; b. Rehabilitation or re-use of an historic building; c. A lot of record, vacant or otherwise, that existed on or before April 25, 1984 and has a residential zoning designation on the zoning map; d. On-street parking that directly abuts a lot may be credited once to the off-street parking requirements for the abutting lot. The Zoning Administrator shall maintain a record of all on-street parking spaces that have been credited towards any particular lot; and e. Changes in use shall be exempted from the requirement to provide additional on-site parking spaces beyond those that existed prior to the change in use. C. Off-Street Parking Requirements 1. Parking Plan Required A parking plan shall be required in connection with every proposed development, for every proposed change in use of land, buildings or structures, and for every proposed alteration of a building or structure. The parking plan shall accurately designate the required parking spaces, access aisles, and driveways, and the relation of the off-street parking facilities to the development the facilities are designed to serve. 5-17

203 Section Parking Sub-section Off-Street Parking and Loading 2. Minimum Number of Spaces Required Unless otherwise expressly stated in this section or approved through an alternative parking plan, the minimum number of off-street parking spaces shall be provided in accordance with Table C.2, Minimum Off-Street Parking Standards. TABLE C.2: MINIMUM OFF-STREET PARKING STANDARDS USE CATEGORY USE TYPE RESIDENTIAL USE CLASSIFICATION Dwelling, duplex Dwelling, live/work Dwelling, mobile home Household Living Dwelling, multi-family Dwelling, single-family attached Dwelling, single-family detached Dwelling, upper story Convent or monastery Dormitory Group Living Fraternity or sorority Group Homes Institutional Housing MINIMUM NUMBER OF PARKING SPACES (sf = gross square feet of floor or use area) 1.5 per DU 1 per DU 2 per DU 1.5 per DU + 1 per every 5 units 1.5 per DU + 1 per every 5 units 2 per DU; 1 per DU on infill lots 0.5 per DU 1 per every 500 sf 1 per every 2 resident beds 1 per resident bed 1 per every 2 resident bed 1 per every 3 beds INSTITUTIONAL USE CLASSIFICATION Art center and related facilities 1 per every 300 sf Community center 1 per every 300 sf Community Cultural facility 1 per every 300 sf Services Library 1 per every 300 sf Museum 1 per every 500 sf Day Care Adult day care center 1 per every 300 sf Child care center 1 per every 325 sf College or university 1 per every 900 sf School, elementary 1 per classroom + 10 Educational School, middle 1 per classroom + 10 Facilities School, high 1 per every 300 sf Vocational or trade school 1 per every 300 sf Courthouse 65 spaces per courtroom Government Government facility 1 per every 600 sf Facilities Government office 1 per every 300 sf Post office 1 per every 200 sf Hospital 1 per every 3 inpatient beds Health Care Medical laboratory 1 per every 400 sf Facilities Medical treatment facility 1 per every 300 sf Assisted living facility 1 per every 3 patient beds Auditorium, conference, and convention center 1 per every 400 sf Institutions Club or lodge 1 per every 300 sf Continuing care retirement community 1 per every 3 beds Nursing home 1 per every 3 patient beds Religious institution 1 per every 6 seats in worship area 5-18

204 Section Parking Sub-section Off-Street Parking and Loading TABLE C.2: MINIMUM OFF-STREET PARKING STANDARDS USE CATEGORY Parks and Open Areas Public Safety Transportation Utilities COMMERCIAL USE CLASSIFICATION Adult Entertainment Animal Care Eating Establishments Offices Parking, Commercial Recreation, Indoor Recreation, Outdoor Retail Sales & Services USE TYPE Arboretum or botanical garden Community garden/gardening, non-commercial Community garden/gardening, commercial Cemetery, columbaria, mausoleum Park playground or plaza Swimming pool, public or private Fire/EMS facility Police station Airport Heliport Passenger terminal, (surface transportation) Solar array Telecommunications facility, structure Telecommunications facility, collocation Telecommunications tower, freestanding Utility, major Utility, minor All Animal grooming Animal shelter/kennel Veterinary clinic Bakery Restaurant, fast food Restaurant, with indoor or outdoor seating Specialty eating establishment Microbrewery/taproom Business and professional services Medical and dental Parking garage Parking lot Fitness center Recreation, indoor Theater Arena or stadium Golf course Marinas Recreation, outdoor Artist studio Auction house Convenience Store (With Gasoline Sales) Convenience Store (Without Gasoline Sales) Crematorium MINIMUM NUMBER OF PARKING SPACES (sf = gross square feet of floor or use area) See Section C.3 See Section C.3 See Section C.3 See Section C.3 See Section C.3 See Section C.3 See Section C.3 See Section C.3 See Section C.3 See Section C.3 See Section C.3 None None None None 1 per every 1,500 sf None 1 per every 200 sf 1 per every 300 sf 1 per every 300 sf 1 per every 300 sf 1 per every 240 sf 1 per every 60 sf 1 per every 180 sf 1 per every 240 sf 1 per every 240 sf for food/beverage preparation and consumption area. 1 per every 1,000 sf for brewery operations area. 1 per every 300 sf 1 per every 300 sf None None 1 per every 300 sf 1 per every 300 sf 1 per every 4 seats 1 per every 4 seats 3 per hole 1 per slip or mooring See Section C.3 1 per every 300 sf 1 per every 300 sf 1 per every 250 sf 1 per every 250 sf 1 per 4 seats in main assembly room 5-19

205 Section Parking Sub-section Off-Street Parking and Loading TABLE C.2: MINIMUM OFF-STREET PARKING STANDARDS USE CATEGORY USE TYPE Financial Institution Funeral Home Gasoline Sales Grocery Store Historic Dependency Limited Office/Retail Laundromat Lumber/Building Materials Open Air Market Personal Services Establishment Pharmacy Plant Nursery Repair Establishment Retail Sales Establishments Shopping Center MINIMUM NUMBER OF PARKING SPACES (sf = gross square feet of floor or use area) 1 per every 300 sf 1 per 4 seats in main assembly room 1 per every 300 sf 1 per every 300 sf 1 per every 300 sf 1 per every 300 sf 1 per every 300 sf See Section C.3 1 per every 300 sf 1 per every 200 sf 1 per every 500 sf 1 per every 300 sf 1 per every 300 sf <60,000 sf: 1 per every 300 sf 60,000 sf 100,000 sf: 1 per every 400 sf > 100,000 sf: 1 per every 450 sf 1 per every 300 sf Tattoo Parlor/Body Piercing Establishment Seasonal Events All See Section C.3 Vehicles Sales and Service Visitor Accommodations Automobile sales or rentals Automobile service Automobile towing and impoundment Car wash Bed and breakfast Inn Historic Dependency Lodging Hotel or Motel (including Extended Stay) 1 per every 300 sf of building area + 1 per every 5,000 sf of outdoor display area 1 per every 300 sf 1 per every 500 sf + storage area 1 per every 500 sf 2 spaces + 1 per guest bedroom 1 per guest room 1 per every guest room + 75% of spaces required for on-site accessory uses INDUSTRIAL USE CLASSIFICATION Commercial laundry 1 per every 1,000 sf Contractor office See Section C.3 Industrial Equipment rental and sales 1 per 400 sf Services General Industrial Service/Repair 1 per 1,500 sf Research and development 1 per every 800 sf Abattoir See Section C.3 Manufacturing Manufacturing, Heavy 1 per every 1,000 sf and Production Manufacturing, Light 1 per every 1,000 sf Bulk Storage 1 per every 2,500 sf Outdoor Storage (As A Principal Use) See Section C.3 Warehousing and Self-Service Storage 1 per every 100 units Storage Freight Terminal 1 per every 2,000 sf Warehouse (Distribution) 1 per every 2,500 sf Waste-Related Incinerator See Section C.3 Services Recycling Center 1 per every 500 sf Wholesale Sales All Uses 1 per every 1,000 sf 5-20

206 Section Parking Sub-section Off-Street Parking and Loading 3. Uses with Variable Parking Demand Characteristics Wherever Table C.2 includes a reference to this subsection C.3, the specified uses have widely varying parking and loading demand characteristics, making it difficult to establish a single off-street parking or loading standard. Upon receiving a development application for a use subject to this subsection, the Zoning Administrator is authorized to apply the offstreet parking standard in the table that is deemed most similar to the use, or establish the off-street parking requirements by reference to standard parking resources published by the National Parking Association or the American Planning Association. Alternatively, the Zoning Administrator may require the applicant to submit a parking demand study that justifies estimates of parking demand based on the recommendations of the Institute of Traffic Engineers (ITE), and includes relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location. 4. Maximum Number of Spaces Permitted Commercial and institutional uses identified in Table C.2, Minimum Off-street Parking Standards, shall be limited in the maximum number of parking spaces that can be provided, in accordance with the following standards: a. Except as allowed in this subsection, commercial and industrial uses of 1,000 square feet in area or larger listed in Table C.2, Minimum Off-Street Parking Standards, shall not exceed 125 percent of the minimum number of parking spaces required in the table. b. Through approval of an alternative parking plan in accordance with Section A, Provision Over the Maximum Allowed, commercial and industrial uses over 1,000 square feet in area or larger may provide up to a maximum of 175 percent of the minimum number of parking spaces required in the table. c. Provision of more than 175 percent of the minimum number of parking spaces for commercial and industrial uses over 1,000 square feet in area shall require approval of a special exception in accordance with Section , Special Exception. 5. Stacking Spaces In addition to meeting the off-street parking standards in Table C.2, Minimum Off-Street Parking Standards, uses with drive-through facilities and other auto-oriented uses where vehicles queue up to access a service shall provide the minimum number of stacking/standing spaces established in Table C.5, Required Stacking Spaces. 5-21

207 Section Parking Sub-section Off-Street Parking and Loading FIGURE C.5, STACKING SPACES D. Configuration TABLE C.5: REQUIRED STACKING SPACES USE OR ACTIVITY MINIMUM NUMBER OF STACKING SPACES MEASURED FROM Automated teller machine (drive-up) 2 Teller window Automobile repair and service 2 per bay Bay entrance Car wash 1 per bay Bay entrance Day care center, Main building elementary, and 2 entrance middle school Financial institution or drug store with drivethrough service Gasoline sales 1 Nursing home or assisted living facility Personal services with drive-through (e.g., laundry/drycleaning establishment) Restaurant, with drive-through service 3 per lane Agent window Each end of the outermost gas pump island 3 Building entrance 3 per lane Agent window 3 per window + 3 per order board 1. General Standards for Off-Street Parking, Stacking, and Loading Areas a. Use of Parking Area, Stacking Area, or Loading Space All vehicular parking spaces, stacking spaces, internal aisles and other circulation areas, and loading areas required by this section shall be referred to as vehicular use area and shall be used only for their intended purposes. Any other use, including, but not limited to, vehicular storage, vehicle sales, vehicular repair work, vehicle service, or display of any kind, is prohibited. b. Identified as to Purpose and Location Except for single-family detached and duplex dwellings, off-street parking areas consisting of three or more parking spaces and off-street loading areas shall include painted lines, wheel stops, or other methods of identifying individual parking spaces and loading areas and distinguishing such spaces and areas from aisles or other vehicular use areas. 5-22

208 Section Parking Sub-section Off-Street Parking and Loading c. Surfacing i ii d. Arrangement i ii Except for single-family detached dwellings and duplexes, and as provided for in Section G, Alternative Materials, all offstreet parking, loading, and circulation areas shall be surfaced with asphalt, concrete, brick, crushed stone (within floodplain areas), pavers, aligned concrete strips, or an equivalent material. These materials shall be maintained in a smooth, well-graded condition. Overflow parking, and parking for temporary, special and seasonal events may take place on grass surfaces. Convenient Access 1 All off-street parking, loading, and circulation areas shall be arranged to facilitate access by and safety of both pedestrians and vehicles. 2 Except for single-family detached and duplex dwellings, offstreet parking areas shall be arranged so that no parking or maneuvering incidental to parking shall occur on a public street or sidewalk, and so that an automobile may be parked and un-parked without moving another automobile (except as provided in Section F, Valet and Tandem Parking). Backing onto Streets Prohibited Except for parking areas serving single-family detached dwellings, all off-street parking, loading, and circulation areas shall be arranged so that no vehicle is required to back from such areas directly onto a public street. Vehicular access ways and vehicular use areas on private lands are not considered public streets. iii Easements No off-street parking, loading, or circulation area shall be located within an easement without the written consent of the person or agency that holds the easement, unless already provided for by an existing easement agreement. e. Drainage All off-street parking, loading, and circulation areas shall be properly drained in accordance with the stormwater management standards referenced in Section of this Ordinance. Where existing parking, loading and circulation areas are altered, a revised stormwater management plan may be required. Nothing shall prevent planting islands from serving as stormwater management devices. f. Exterior Lighting When lighted, off-street parking, loading, and circulation areas shall be lighted so as to prevent glare or illumination exceeding maximum allowable levels on adjacent land (see Table D, Maximum Illumination Levels), and unless exempted, shall comply with the standards of Section 72-58, Exterior Lighting. 5-23

209 Section Parking Sub-section Off-Street Parking and Loading g. Landscaping Except for parking areas serving single-family detached and duplex dwellings, or other exempted uses, all off-street parking, loading, and circulation areas shall be landscaped to soften their visual impact on adjacent property in accordance with subsection , Vehicular Use Area Landscaping. h. Curbs and Motor Vehicle Stops All off-street parking, loading, and circulation areas shall be designed to prevent vehicles from encroaching into (i) a sidewalk or walkway less than six feet wide, or (ii) adjacent property. i. Maintained in Good Repair i ii Maintained at All Times All off-street vehicular use areas shall be maintained in good repair and in safe condition at all times. Periodically Restored After being established, all off-street parking, loading, and circulation areas shall be periodically painted or otherwise restored, whenever necessary to maintain a clear identification of separate parking spaces and loading spaces. j. Construction of Off-street Parking and Loading Areas All off-street parking and loading areas shall be completed prior to issuance of a certificate of occupancy for the premises they serve. In the case of phased development, surface off-street parking, loading, and circulation areas need only be completed for the portion(s) of the development for which a site plan has been approved. 2. Dimensional Requirements All off-street parking spaces shall maintain a minimum width of 8.5 feet and a minimum length of 18 feet. 3. Accessible Parking Spaces for Physically Disabled Persons a. Except for single-family dwellings (attached and detached), accessible parking spaces shall be provided at a ratio of one accessible space for every 25 required spaces, up to the first 100 required parking spaces. b. Where more than 100 parking spaces are required, additional accessible parking spaces shall be provided as follows: an additional 4 accessible spaces, plus 1 additional accessible space for every 50 required parking spaces in excess of 100 required parking spaces. c. All accessible parking spaces shall have access to a curb cut or curb ramp to allow access to the building served by such parking spaces. Further, the accessible parking spaces shall be located on the shortest accessible route from adjacent parking to an accessible building entrance. d. All accessible parking spaces shall be provided a continuous, unobstructed path connecting all accessible elements and spaces of a building or facility, and shall be located so that users will not be compelled to traverse behind parked vehicles. e. Accessible parking spaces shall be a minimum of eight feet in width and adjoin a marked access aisle with a minimum width of five feet. One in every six accessible spaces, or fraction thereof, shall be 5-24

210 Section Parking Sub-section Off-Street Parking and Loading designated by signs as "van accessible" and be designed as either of the following: a minimum of eleven feet in width and adjoin a marked access aisle with a minimum width of five feet or (2) a minimum of eight feet in width where the adjacent access aisle is eight feet in width. One marked access aisle can serve a maximum of two accessible parking spaces directly adjoining it. f. Accessible spaces shall maintain a minimum width of 12 feet and a grade of 5 percent or less. g. Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors, or the loading or unloading of handicapped passengers. h. Each parking space shall be paved and prominently outlined and maintained with a permanent, above grade sign of an approved design and color. 4. Location Off-street parking spaces in the nonresidential and mixed-use districts may be located within required yards, provided: a. All spaces shall be setback at least 10 feet from any front lot line; b. All spaces shall be setback at least five feet from any side or rear lot line; and c. These requirements may be reduced by the Zoning Administrator, as needed, on an infill lot in recognition of existing lot sizes or site configuration on developed adjacent lots. E. Loading Spaces 1. Number of Required Off-street Loading Berths The following uses shall provide on-site loading areas or berths in accordance with the standards in Table E.1, Required Off-Street Loading Berths. TABLE E.1: REQUIRED OFF-STREET LOADING BERTHS USE OR ACTIVITY Eating establishments Retail, office, service, supply and light industrial uses Manufacturing, heavy industrial, warehousing, and heavy equipment establishments GROSS FLOOR AREA (GFA) 10,000 sf 10,000 sf 5,000 sf MINIMUM NUMBER OF LOADING BERTHS for every additional 25,000 sf of GFA for every additional 20,000 sf of GFA 1+ 1 per every additional 30,000 sf of GFA 5-25

211 Section Parking Sub-section Parking Standards for Single-Family Development 2. Standards a. Minimum Dimensions Each loading space required by this subsection shall be at least 15 feet wide by 25 feet long (or deep), with at least 15 feet of overhead clearance. Each off-street loading space shall have adequate, unobstructed means for the ingress and egress of vehicles. b. Location Where reasonably practical, loading areas: i ii iii iv v Shall be located to the rear of the use they serve; Shall be located adjacent to the buildings loading doors, in an area that promotes their practical use; Shall not be located within a front yard area; Shall not be located within 40 feet of the nearest point of a public street intersection serving the loading approach; and Shall not be located within 60 feet of a residential zoning district. c. Delineation of Loading Spaces All loading spaces shall be delineated by signage and striping and labeling of the pavement. d. Access to a Street Every loading area shall be provided with safe and convenient access to a street, but in no case shall the loading space extend into the required aisle of the parking lot. Off-street loading spaces shall be configured to avoid the need for vehicles to back up within the street right-of-way, to the maximum extent practicable. e. Paving The ground surface of loading areas shall be paved with a durable, dust free, and hard material, such as surface and seal treatment, bituminous hot mix, Portland cement, concrete, or some comparable material. Such paving shall be maintained for safe and convenient use at all times. f. Landscaping Loading areas shall be landscaped in accordance with subsection , Vehicular Use Area Landscaping. g. Exterior Lighting Exterior lighting for loading areas shall comply with the standards in Section 72-58, Exterior Lighting Parking Standards for Single-Family Development Off-street parking serving single-family detached dwellings and located within front yard and/or corner side yard areas shall comply with the following standards: A. Authorized Vehicles Only the following vehicles may be parked in single-family residential districts: passenger vehicles designed to transport 15 or less passengers including the driver; pickup trucks and sport utility vehicles with a gross vehicle weight of less than 10,000 pounds; or any vehicle used by an individual solely for his own personal purposes, such as personal recreational activities. 5-26

212 Section Parking Sub-section Alternative Parking Plans B. Parking in Vehicular Use Area Required All licensed and operable vehicles, whether parked or stored, shall be located in a vehicular use area, unless the required off-street parking has been waived by the Zoning Administrator. C. Maximum Area Available for Vehicular Use 1. Except for lots of record smaller than 6,000 square feet in the R-4 District, vehicular use areas located within the first 40 feet of the front or corner side yard (as measured from the edge of the street right-of-way) shall be limited to the greater of 33 percent of the entire front and/or corner side yard area, or 750 square feet. Nothing in this subsection shall be construed to limit the size of the vehicular use area located beyond the first 40 feet of a front or corner side yard area. 2. Vehicular use areas on lots of record smaller than 6,000 square feet in the R- 4 District shall be limited to 33 percent of the entire front and/or corner side area. D. Surfacing 1. Vehicular use areas shall be surfaced in accordance with the standards in subsection D.1.c, or gravel, crushed stone, or similar material may be used. 2. When used, gravel or crushed stone shall be at least two inches deep throughout the vehicular use area, and the vehicular use area shall maintain a visibly discernible and definable edge composed of landscape timbers, metal edging, vegetation (such as low shrubs or decorative grasses), or a similar technique. 3. Vehicular use areas within utility easements disturbed during installation or servicing of underground utilities shall be resurfaced with materials to match the existing surface after completion of utility work Alternative Parking Plans The Zoning Administrator is authorized to approve an alternative parking plan, as set forth within this Section. Nothing in this Section shall limit the utilization of one or more off-street parking alternatives by a single use. Reductions in the minimum number of required parking spaces in order to preserve the root zones of existing, healthy specimen trees in accordance with Section , Reduction in the Minimum Number of Parking Spaces, shall not require approval of an alternative parking plan. A. Provision over the Maximum Allowed The Zoning Administrator may approve an alternative parking plan that authorizes a number of off-street parking spaces in excess of the required by Section C.4, Maximum Number of Spaces Permitted, in accordance with the following: 1. Parking Demand Study Requests to exceed the maximum number of required off-street parking spaces shall be accompanied by a proposed parking plan, including a parking demand study performed by a professional who is licensed or demonstrated technical expertise to prepare such a study. The purpose of the parking demand study is to provide data and supporting analysis in support of the applicant s contention that the parking spaces required by Section C.4, Maximum Number of Spaces Permitted, will be insufficient for the 5-27

213 Section Parking Sub-section Alternative Parking Plans proposed development. In addition to the parking demand study, the requesting party may provide other relevant and appropriate data supporting his request. 2. Minimum Additional Spaces Allowed The maximum number of off-street spaces allowed shall be limited to the minimum number of additional spaces deemed necessary, according to the parking demand study referenced above, or other relevant and appropriate data. B. Shared Parking The Zoning Administrator may approve an alternative parking plan that reduces the individual parking requirements for two or more uses, through use of shared parking facilities. Requests for shared parking shall comply with the following standards: 1. Location a. Except for shared parking located within a parking structure or served by a parking shuttle, shared parking spaces shall be located within 1,000 feet of the primary entrance of all uses served. b. Shared parking located within a parking structure or served by a shuttle shall be located within 2,000 feet of the primary entrance of all uses served. c. Shared parking spaces shall not be separated from the use they serve by an arterial or collector street, unless the shared parking area or parking structure is served by an improved pedestrian crossing. 2. Pedestrian Access Adequate and safe pedestrian access shall be provided from and to the shared parking areas. 3. Timing Two or more uses sharing parking spaces shall have staggered peak usage times. 4. Maximum Shared Spaces The maximum reduction in the total number of parking spaces required for all uses, in the aggregate, sharing the parking area shall be 50 percent. The percentage may be increased to 60 percent if the uses share parking spaces located within a parking structure. 5. Directional Signage When determined necessary by the Zoning Administrator, due to distance, indirect locations, or visual barriers, directional signage that complies with the standards of this Ordinance shall be provided to direct the public to the shared parking spaces. 6. Shared Parking Plan a. Justification Those requesting to use shared parking as a means of satisfying the offstreet parking standards must submit a proposed parking plan, including a parking demand study prepared by a professional who is licensed to prepare such a study. The purpose of the study shall be to provide data and supporting analysis demonstrating the feasibility of the proposed shared parking facilities. The parking demand study shall include 5-28

214 Section Parking Sub-section Alternative Parking Plans information on the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. Additionally the requesting party may submit other relevant and appropriate data supporting the request. b. Recorded Agreement If approved, a shared parking arrangement shall be described and made binding upon the all owners of record of the subject properties, within a written agreement prepared in a form suitable for recording among the City s land records. A signed and attested copy of the shared parking agreement between the owners of record must be recorded with the Clerk of the Circuit Court. Recordation of the agreement shall occur prior to the issuance of any occupancy permit for any premises to be served by the shared parking. A shared parking agreement may be revoked only if all required off-street parking spaces are provided in accordance with the requirements of Table C.2, Minimum Off-Street Parking Standards. c. Duration A shared parking agreement shall run with the land, and shall be and remain in effect until revoked or revised by the parties thereto. In the event the parking requirements for the subject properties change (increase) following recordation of the agreement, due to any change in use(s) or structural alterations of buildings or structures containing such uses, then the City may require the parking plan for the properties to be updated, which may include, but is not limited to, a revision of the shared parking agreement. C. Off-Site Parking for Nonresidential Uses The Zoning Administrator may approve an alternative parking plan that authorizes off-site parking for nonresidential uses. Generally, all off-street parking areas for any nonresidential use shall be provided on the same parcel of land as the use to be served. Off-street parking for nonresidential uses may be located on another parcel of land ( off-site parking), if there are practical difficulties in locating the parking area on the same parcel or the public welfare, safety or convenience is better served by off-site parking. Off-site parking for nonresidential uses shall comply with the following standards: 1. Maximum Distance Off-site parking shall be located no more than 1,500 feet from the use it is intended to serve. 2. Pedestrian Way Required A pedestrian way that complies with all applicable ADA requirements, and is not more than 1,500 feet in length, shall be provided from the off-site parking area to the use it serves. 3. No Undue Hazard The off-site parking area shall be convenient to the use it serves without causing unreasonable: a. Hazard to pedestrians; b. Hazard to vehicular traffic; c. Traffic congestion; 5-29

215 Section Parking Sub-section Alternative Parking Plans d. Interference with commercial activity or convenient access to other parking areas in the vicinity; e. Detriment to the appropriate use of business lands in the vicinity; or f. Detriment to any abutting residential neighborhood. 4. Recorded Agreement If approved, off-site parking facilities shall be described and be made binding upon both the owner of land where parking is located and the applicant seeking off-site parking, within a written agreement signed by the property owners. The agreement shall be set forth within a document suitable for recording among the City s land records. A signed and attested copy of the off-site parking agreement must be recorded with the Clerk of the Circuit Court. Recordation of the agreement shall take place prior to issuance of any certificate of occupancy for any premises to be served by the off-site parking area. An off-site parking agreement may be revoked only if all required offstreet parking spaces are provided in accordance with the requirements of Table C.2, Minimum Off-Street Parking Standards. D. Parking Reductions The Zoning Administrator may approve an alternative parking plan that includes waiver of parking, in accordance with this Subsection. An applicant may submit a request to waive the construction of up to 30 percent of the number of parking spaces required in Table C.2, Minimum Off-Street Parking Standards. The applicant shall demonstrate through submission of relevant and appropriate data and information that, because of the location, nature, or mix of uses, there is a reasonable probability the number of parking spaces actually needed to serve the development is less than the minimum required by Table C.2, Minimum Off-Street Parking Standards. The application shall be accompanied by a plan that shows the location and number of parking spaces that will be provided. E. Downtown Parking Fund 1. An applicant may meet up to 50 percent of the parking requirement for a use in the downtown parking district through the payment of a fee of $5, per parking space, subject to approval by the Zoning Administrator. Requests to pay a fee in order to meet more than 50 percent of the required parking shall require approval of a special exception by the City Council. The credit for an off-street parking requirement met in this manner shall run with the land. No refund of any payment shall be made when there is a subsequent change of use that requires less parking. 2. The fee shall be collected by the Zoning Administrator prior to the establishment of the use. Such payment shall be made in one lump sum or as otherwise approved. Payment of this fee does not guarantee that parking spaces will be constructed for the sole use of or in the immediate proximity of a particular development. It will not guarantee the availability of parking specifically for the development. Funds collected from such payment shall be deposited by the City in a special parking fund and shall be used to: a. Provide additional off-street public parking to serve the downtown parking district; b. Acquire land for such parking through purchase, lease, or license; c. Develop land to make it suitable for public parking; d. Replace existing municipal parking lots with public parking structures; or 5-30

216 Section Parking Sub-section Alternative Parking Plans e. Engage in projects that increase the amount of available public parking spaces or reduce dependence upon the automobile and thereby reduce parking demand. 3. The collection of the fee shall not obligate the City to provide off-street parking for any particular location. In order to provide a logical and cost effective construction of parking improvement, projects funded through this fee may be phased and may be constructed such that the public parking spaces do not directly serve the parcels from which the fee was collected. F. Valet and Tandem Parking The Zoning Administrator may approve an alternative parking plan that includes valet and tandem parking, in accordance with this Subsection. An off-street parking program utilizing limited valet and tandem parking may be allowed for uses listed under the commercial use classification in Table C.2, Minimum Off-Street Parking Standards, in accordance with the following standards: a. The development served shall provide 75 or more parking spaces; b. No more than 30 percent of the total number of spaces shall be designated as tandem; and c. A valet parking attendant must be on duty during hours of operation. G. Alternative Materials The Zoning Administrator may approve an alternative parking plan that authorizes the use of alternative paving materials for vehicular use areas. The use of pervious or semi-pervious parking area surfacing materials including, but not limited to, grass-crete, turfstone, geo-cells, porous concrete, or recycled materials (such as rubber, used asphalt, brick, block, and concrete) may be approved for a vehicular use area on a site, upon a determination that the property owner has provided sufficient assurance that such areas will be properly maintained. Such assurance may be demonstrated by written instrument recorded among the City s land records, site plan provisions, or other methods satisfactory to the Zoning Administrator with the approval of the City Attorney. Where possible, such materials should be used in areas proximate to and in combination with on-site stormwater control devices or tree protection measures (see Figure G, Alternative Materials). FIGURE G, ALTERNATIVE MATERIALS 5-31

217 Section Utilities Sub-section Bicycle Parking Bicycle Parking Lots used for residential development with 30 or more dwelling units, and nonresidential development with 5,000 or more square feet of gross floor area, shall provide individual or shared bicycle parking facilities in accordance with the following standards. Nonresidential uses of up to 30,000 square feet in size may share bicycle parking facilities in accordance with this section. A. General Standards 1. Bicycle parking facilities shall be conveniently located, but in no case shall such facilities be located more than 150 feet from the primary building entrance. 2. Bicycle parking spaces shall be provided at the rate of one bicycle parking space for every 30 residential dwelling units and/or every 5,000 square feet of nonresidential floor area. B. Bicycle Rack Required Bicycle parking facilities shall incorporate a rack or other similar device intended for the storage of bicycles. C. Shared Bicycle Parking Nonresidential uses of 30,000 square feet in size or less may share bicycle parking spaces provided: UTILITIES 1. Each use provides or is served by improved pedestrian access from the bicycle parking facility to the primary building entrance; and 2. The shared bicycle parking facility and improved pedestrian access is depicted on a site plan Sanitary Sewer Sewage collection systems shall be designed and constructed in accordance with the City of Fredericksburg Construction Specifications and Standards for Water and Sewerage Facilities (August 2007, as amended from time to time). A subdivider or developer of land shall pay a pro rata share of the cost of providing reasonable and necessary sewerage facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, in whole or in part, by the construction or improvement of the subdivision or development. Such payment may be required for any area of the City for which a general sanitary sewer improvement program has been adopted, or the City has committed itself by ordinance to the establishment of such a program Public Water Water supply systems shall be designed and constructed in accordance with the City of Fredericksburg Construction Specifications and Standards for Water and Sewerage Facilities (August 2007, as amended from time to time). A subdivider or developer of land shall pay a pro rata share of the cost of providing reasonable and necessary water facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, in whole or in part, by the construction or improvement of the subdivision or development. 5-32

218 Section Utilities Sub-section Storm Water Such payment may be required for any area of the City for which a general water service improvement program has been adopted, or the City has committed itself by ordinance to the establishment of such a program Storm Water A. Comprehensive Stormwater Management Plan 1. The Director of Public Works shall develop a comprehensive stormwater management facilities plan to determine the necessary structures, easements and costs to provide ultimate drainage facilities to serve City drainage sheds at full development of those sheds. The facilities plan shall be adopted by the City Council. 2. The policy and criteria for determination of pro rata share of total cost, the financial and implementation procedures, and other related matters shall be as set forth within the Comprehensive Stormwater Management Facilities Plan adopted by City Council. 3. A subdivider or developer of land shall pay a pro rata share of the cost of providing reasonable and necessary drainage facilities, located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, in whole or in part, by the construction or improvement of the subdivision or development. B. Storm Drainage Requirements 1. All storm drainage facilities shall be constructed in accordance with the VDOT Requirements, except as otherwise provided below. 2. All pipe for the construction of storm drainage systems shall be, at a minimum, concrete of ASTM CT6 class III standards. Other equivalent pipe materials may be permitted upon the approval of the Public Works Director. 3. The minimum size of storm drainage culverts shall be 15 inches in diameter. Manholes shall be constructed at every stall change of grade line or pipe size. There shall be a minimum 0.25-foot drop in inverts at every structure. 4. Storm sewer street and yard inlet structures shall be provided and the spread of water in the street, measured from the curb, shall not exceed eight feet. Flow and spread computations shall be based on computed increments of the ten-year frequency rainfall. 5. Where the contributing drainage area does not exceed 500 acres, storm sewer culverts shall be designed using the ten-year frequency rainfall curve. Where the contribution drainage area exceeds 500 acres, the 50-year rainfall frequency curve shall be used. 6. All open channels where the quantity of water exceeds the equivalent capacity of a 72-inch concrete pipe shall be designed using the 25-year rainfall frequency curve. 7. Major stormwater culverts (box culverts, or pipes exceeding 72 inches in diameter) for use on the primary street system or any bridges shall be designed using the 50-year rainfall frequency curve. 8. Every development shall provide for stormwater management that meets the minimum technical and design criteria set forth within the stormwater regulations enacted by the Commonwealth of Virginia. 5-33

219 Section Utilities Sub-section Storm Water 9. The post-development stormwater runoff rate of flow and characteristics shall replicate, as nearly as practicable the existing pre-development runoff characteristics and site hydrology of the development site. The basic design criteria for stormwater management facilities employs the ten-year frequency, two-hour duration storm to determine pre- and post-development flows. Required storage shall be computed using unit hydrograph methods. Emergency spillways shall be designed to pass the 100-year frequency, with a two-foot freeboard easement added to the computed water level. Hydrographs, spillway design, embankment design and flow computations shall be submitted with the preliminary plan. 10. Plans and profiles detailing the provisions for the adequate deposition of natural water and stormwater in accordance with the Virginia Department of Environmental Quality standards shall be submitted, indicating the location, size, type and grade of ditches, catch basins, and pipes and connections to existing drainage systems, and on-site stormwater retention where deemed appropriate and necessary by the City, with supporting contributing area and design computations as may be required. Data, computations, and calculations shall be submitted detailing the provision for implementation of stormwater volume management. 11. Within the Hazel Run, Rappahannock Canal, Kenmore Flume, and Deep Run watersheds ("the volume control area"), for new development or redevelopment, the first one-half inch of runoff from all new impervious surfaces shall be removed from the runoff flow. A one-year 24-hour extended detention may be used to satisfy up to 70 percent of this volume. The remaining 30 percent shall be removed from runoff flow. At least 50 percent of the parking lot surface shall drain to a filtration practice. Table B, Runoff Standards, summarizes this requirement. 12. For new or re-developed parking lots outside the Hazel Run, Rappahannock Canal, Kenmore Flume, and Deep Run watersheds, volume control of stormwater is not required. However, at least 50 percent of the parking lot surface (or in the case of redevelopment, at least 50 percent of the additional parking lot area) shall drain to a filtration practice that is sized to treat the first one half inch of runoff. Table B, Runoff Standards, summarizes these requirements. 5-34

220 Section Utilities Sub-section Storm Water DEVELOPMENT TYPE New development Redevelopment TABLE B: RUNOFF STANDARDS LOCATION Within the volume control area Outside the volume control area Within the volume control area Outside the volume control area VOLUME CONTROL REQUIREMENT ½" from all impervious surface None ½" from new impervious area None VOLUME CONTROL METHOD Infiltration, evaporation, or reuse. Alternatively, up to 70 percent of required volume may be satisfied via1- year extended detention N/A Infiltration, evaporation, or reuse. Alternatively, up to 70 percent of required volume may be satisfied via1- year extended detention NOTES: 1. At least 50 percent of new parking lot surface area shall drain to a filtration practice. 2. The volume controls and filtration practices required by subsections (i) and (j) can be used to satisfy the stormwater management quantity and quality control requirements for the site. N/A 13. If, after implementing on-site volume controls to the maximum extent practicable, the stormwater volume reductions required by this subsection cannot be fully achieved on-site, the remainder may be achieved through retrofit of off-site impervious areas within the same watershed. In the alternative, compliance may be achieved through the payment to the City of an in-lieu fee per cubic foot of volume reduction not attained. The City shall apply all funds so collected to stormwater control projects. 14. To assure long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff, recorded stormwater management and nonpoint source pollution control facilities maintenance agreements and deeds of easement shall be recorded with subdivision plats or before land disturbance or building permits are issued for improvements on site plans. Such documents shall include a drawing or plat showing the facilities, and metes and bounds of the easement, a maintenance agreement obligating the owner to provide and maintain appropriate landscaping and to provide regular or periodic maintenance of the facilities and the best management practices used therein, and such other provisions as the Stormwater Administrator (see Section ) may deem necessary in order to meet the requirements of this section and to ensure the public health and safety. 15. Floodplain studies shall be prepared for drainage areas exceeding 100 acres. The 100-year rainfall curve shall be used, with a eighteen inch freeboard added to the computed water level. Floodplain computations shall be performed using the stand-step method or an equivalent method to achieve a balance of energy. Cross sections, stream profiles and support calculations shall be submitted with the preliminary plan. 5-35

221 Section Utilities Sub-section Utilities Utilities C. Erosion and Sediment Control For the purpose of alleviating the adverse effects of on- and off-site erosion, siltation and sedimentation before and after development, adequate controls of both a temporary and permanent nature shall be provided. No permit shall be issued by the City authorizing any land disturbing activity, until an erosion and sediment control plan has been submitted to the Stormwater Administrator and approved in accordance with the requirements of the City s Virginia Erosion and Sediment Control Program (VESCP). D. Flood Damage Prevention All development and redevelopment within a flood hazard area shall comply with the standards set forth in Section Floodplain Overlay District. E. Wetlands All development and redevelopment within the Wetlands shall be subject to and shall comply with the standards set forth in Section , Wetlands Overlay District. F. Chesapeake Bay Protection Standards All development and redevelopment within the CBPO District shall be subject to and shall comply with the standards set forth in Section , Chesapeake Bay Preservation Overlay District. A. The developer shall provide the utilities necessary to serve the proposed development. All utilities provided by the developer shall be installed underground and in accordance with adopted City standards, and with standards and regulations adopted by the applicable regulatory authority; provided, however, that: 1. Equipment such as electric distribution transformers, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground, may continue to be so installed, in accordance with accepted utility practices for underground distribution. 2. Meters, service connections and similar equipment normally attached to the outside wall of the premises they serve may be so installed. 3. Temporary overhead facilities required for construction purposes shall be permitted Utility Easements A. The developer shall provide sanitary sewer, water, and utility easements. B. Minimum easement width, centered on the utility facility, shall be as follows, unless otherwise specified by the Director of Public Works: 1. Sanitary sewer: 20 feet and water: 15 feet, or as specified in the City s Construction Specifications and Standards for Water and Sewerage Facilities (August 2007, as amended from time to time). 2. Storm sewer: 20 feet. 3. Underground telephone, television cable, gas service or electric service: 10 feet, unless otherwise required by the applicable utility agency. 5-36

222 Section Landscaping Sub-section Utility Easements C. Easements may overlap one another with the approval of the Director of Public Works. Disapproval may be appealed through a request for an exception as set forth in Section Additionally, the owner of property proposed for subdivision or development shall convey common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone and electric service to the proposed subdivision or development, as set forth within Code of Virginia Section (6) LANDSCAPING A. Purpose and Intent It is the purpose of this section to promote and protect the public health, safety, and general welfare by implementation of vegetative landscaping as means for: 1. Facilitating the creation of a convenient, attractive, and harmonious community, through the preservation of existing vegetation and/or the installation of additional trees, shrubs and other plants; 2. Providing vegetative buffers, screens, and boundaries, as visual and physical separations between uses, to mitigate the impacts of those uses upon each other; 3. Preserving existing tree canopy, and encouraging additional tree canopy, to provide shade, moderate the effect of urban heat islands, and improve air quality; 4. Preserving the character of lands, areas and properties of historic significance; 5. Protecting against erosion and sedimentation; 6. Reducing stormwater runoff and the costs associated therewith; 7. Preserving and protecting the water table and surface waters; 8. Increasing local food security; 9. Protecting residents and visitors from personal injury and property damage, and from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants; 10. Restoring soils and land denuded as a result of construction and/or grading; 11. Increasing the tree canopy to provide shade and moderate the effect of urban heat islands; 12. Protecting and enhancing property values and aesthetic qualities; 13. Providing additional improvements to air quality through the carbon dioxide uptake process provided by trees and landscaping; and 14. Providing visual screening, where appropriate. B. Applicability 1. General Except where expressly exempted, these standards shall apply to all development in the City. 2. Review for Compliance Review for compliance with the standards of this section shall occur during review of an application for a site plan, planned development, or zoning permit, as appropriate. 5-37

223 Section Landscaping Sub-section General Requirements 3. Exemptions Single-family detached and duplex dwellings shall be exempted from the standards in this section General Requirements A. Landscape Plan 1. To ensure compliance with the standards of this section, a professionally prepared landscape plan, approved by an International Society of Arboricultural certified arborist, demonstrating compliance with the requirements shall be included as a part of any application for approval of a site plan, subdivision, planned development, cluster development, certificate of appropriateness, special use permit, or zoning permit, as appropriate. 2. In the event of phased development, a separate landscape plan shall be required for each distinct phase of a development. 3. Minimum landscaping requirements are contained in Tables C and D. B. Coordination with Stormwater Requirements Stormwater management facilities required by this Ordinance or other City requirements may be incorporated into a proposed landscaping plan, potentially resulting in a credit towards landscaping or open space set-aside requirements. C. Planting Standards Plantings shall comply with the following standards: 1. New Plantings a. Deciduous canopy or shade trees shall be a minimum of one inch in caliper at the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z , as amended. b. Understory, small maturing, or ornamental trees shall have a caliper of one-and-one-half inches at time of planting, as determined in the American Standard for Nursery Stock, ANSI Z , as amended. c. Evergreen trees shall be a minimum of four feet in height at the time of planting. d. Deciduous shrubs which are upright in nature shall be a minimum of 24 inches in height at the time of planting, and evergreen shrubs shall be a minimum of 18 inches in height at the time of planting. e. In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a required amount of vegetation, and the ACI figure includes a fraction, an applicant may: i Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at time of planting standard of this subsection in order to meet the required ACI; or ii Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard. When trees exceeding the minimum size at time of planting standard are proposed, the minimum calipers of such trees shall be clearly noted on the Site Plan or Subdivision Plat, as appropriate. 5-38

224 Section Landscaping Sub-section General Requirements f. In cases where application of the requirements in this subsection result in a fraction in the number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number. g. All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality or better, true to name and type of species or variety. h. Native, drought tolerant vegetation should be used and preferred to reduce dependency upon irrigation and sustain the regions natural environment. i. To curtail the spread of disease or insect infestation in a plant genus, new plantings shall comply with the following standards: i ii iii iv When fewer than 20 trees are required to be planted on the site, at least three different genuses shall be used, in roughly equal proportions. When more than 20 trees are required on a site, no more than 20 percent of any genus shall be used. Nothing in this subsection shall be construed so as to prevent the utilization of a larger number of different genuses than specified above. All trees and shrubs shall be planted in accordance with ANSI A300 Part Existing Vegetation Existing healthy, well-formed canopy and understory trees, as well as healthy shrubs, which are preserved and protected throughout the development process, shall be credited toward the requirements of this section, provided the vegetation meets the minimum size standards and is protected before and during development of the site and maintained thereafter in a healthy growing condition (see Section , Tree Preservation Incentives). 3. Stabilization a. All landscape planting areas shall be stabilized and maintained with ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration. b. Groundcover located within three feet of a building base shall comply with applicable requirements of the Virginia State-wide Fire Prevention Code. 4. Berms All berms shall comply with the following design standards: a. The slope of all berms shall not exceed a two-to-one (2:1) ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of eight feet above the toe of the berm. b. All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation. c. Berms proposed to be placed along street right-of-way shall be designed and constructed to provide adequate sight distances at intersections and along the street. 5-39

225 Section Landscaping Sub-section General Requirements d. Berms shall not damage the roots of existing healthy vegetation designated to be preserved. 5. Limitations on Landscaping Placement a. Within Easements i ii Nothing except groundcover shall be planted or installed within the area of any underground or overhead utility, drainage, or gas easement, without the prior written consent of the utility provider, the City, or as provided for by the applicable easement agreement. Minimum clear separation distances required by the current adopted version of the state s Fire Prevention Code shall be maintained between landscaping and any fire protection system. Where required landscaping material is damaged or removed due to utility activity within an easement, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure required landscaping meets the standards in this Ordinance. b. Near Functional Fire Protection Nothing except groundcover shall be planted or installed within 15 feet of a fire protection system without the prior written consent of the City Arborist. All such groundcover shall comply with applicable requirements of the Virginia State-wide Fire Prevention Code. c. Near Underground Meter Nothing except groundcover shall be planted or installed within three feet of an underground meter without the prior written consent of the utility provider or the City. d. Beneath Overhead Utilities Canopy trees shall not be planted beneath overhead utilities. Understory trees may be planted beneath overhead utilities with prior consent from the easement holder, or as provided for by the applicable easement agreement. 5-40

226 Section Landscaping Sub-section Vehicular Use Area Landscaping Vehicular Use Area Landscaping All vehicular use areas shall include landscaping, both within the interior of the vehicular use area and around its perimeter (see Figure , Vehicular Use Area Landscaping). Figure , Vehicular Use Area Landscaping A. Interior Landscaping Standards All parking lots with containing more than twelve parking spaces in a row shall provide and maintain landscaped planting areas within the interior of the parking lot in accordance with the standards in this subsection. These standards shall not apply to parking structures, or vehicle display areas. 1. Planting Area Size Each planting area shall contain sufficient area, in accordance with ANSI Standard A300 Part 6, to accommodate the root growth of the plant material used. The size of the planting area, size of plant material at maturity, and placement of plant material shall allow for a two-and-one-half foot bumper overhang from the face of the curb. 2. Design Unless altered through an Alternative Landscape Plan (see Section ), interior planting areas shall be designed in accordance with the following standards: a. Islands shall be located at the end of parking bays and have a minimum size of 180 square feet for single loaded parking bays, and a minimum size of 360 square feet for double loaded bays. 5-41

227 Section Landscaping Sub-section Vehicular Use Area Landscaping b. Off-street surface parking areas with 200 or more parking spaces shall be organized into a series of smaller modules visually separated by landscaped islands that are located at least every six parking bays and are at least nine feet wide. c. Landscaped planting areas shall be distributed throughout the parking area for the purpose of heat abatement. d. No parking space shall be separated from the trunk of a shade or canopy tree by more than 50 feet. Perimeter vehicular use area landscaping or other required landscaping may be used to meet this requirement. e. Where an existing easement prohibits compliance with these standards, an applicant may propose an Alternative Landscape Plan in accordance with Section , Alternative Landscape Plan. 3. Planting Rate Each interior planting island shall contain trees at the minimum rate of two aggregate caliper inches (ACI) of canopy tree for every 180 square feet of island area, except for locations directly under overhead utilities, where 1.5 ACI of understory trees may be substituted for each required canopy tree. 4. Protection of Planting Areas All planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods. This standard shall not prohibit the use of planting areas as stormwater management devices. B. Perimeter Landscaping Strips Where a vehicular use area abuts a street right-of-way, vacant land, or any other development (except another parking lot), perimeter landscaping strips shall be provided and maintained between the vehicle use area and the abutting right-ofway or property line in accordance with the following standards. 1. Continuous Visual Screen Perimeter landscaping for vehicular use areas shall form a continuous visual screen with a minimum height of 36 inches above grade, excluding required sight clearances at driveways and near intersections. 2. Protection of Landscaping Strip The perimeter landscaping strip shall be protected from vehicular damage by the installation of curbing, wheel stops, extra width in the landscaping strip, or other comparably effective method approved by the Development Administrator. 3. Location Perimeter landscaping strips shall be located on the property, and shall be placed to assure visibility and safety of pedestrians on the public street, as well as those within the vehicular use area. 4. Minimum Width The minimum width of a perimeter landscaping strip serving a vehicular use area shall be eight feet. 5. Required Materials a. Evergreen shrubs shall be used to form the continuous visual screen in the perimeter landscaping strip. 5-42

228 Section Landscaping Sub-section Foundation Plantings b. In addition to the evergreen shrub requirements, each perimeter landscaping strip shall include at least eight aggregate caliper inches (ACI) of canopy trees per 100 linear feet of landscaping strip. Understory trees may be used beneath overhead utilities. 6. Credit Towards Perimeter Buffer Requirements Perimeter landscape strips associated with a vehicular use area may be credited towards Perimeter Buffer Standards (see Section ), provided the minimum applicable buffer standards of this section are met, and provided the vehicular use area landscaping is within the area occupied by the Perimeter Landscape Buffer. 7. Adjacent to Off-Street Surface Parking on Other Lots Where two or more off-street surface parking lots are located adjacent to one another, but upon different lots, no perimeter landscaping strip shall be required between the two parking lots. Nothing in this section shall be construed to waive the requirement for Perimeter Landscape Buffers in Section Foundation Plantings A. Purpose and Intent The purpose for these standards for foundation plantings is to require landscaping plantings that soften the visual impacts of building foundation walls. B. Applicability 1. The standards in this section shall apply to new nonresidential, multi-family, and mixed-use building façade walls that face streets and publically-owned lands. 2. These standards shall also apply to additions or expansions of existing building walls meeting the criteria of (a) above. C. Exemptions The following shall be exempted from these standards: 1. Buildings walls located within three feet of a public sidewalk; and 2. Building walls located farther than 500 feet from an adjacent street or publically-owned lands. 3. Buildings in the C-D District. D. Foundation Planting Standards 1. Foundation plantings shall be comprised of large shrubs, planted no greater than five feet on-center along the full extent of building facades that face a street (other than an alley) or publically-owned lands. 2. In instances where an equipment or service area occupies a portion of a building façade wall facing a street or publically-owned lands, the landscaping requirements in Section , Screening, shall be applied. 3. Required shrubs may be planted up to 15 feet from the building façade wall, provided there is a sidewalk located between the planting area and the building wall. 5-43

229 Section Landscaping Sub-section Perimeter Landscape Buffers Perimeter Landscape Buffers A. Purpose and Intent Perimeter landscape buffers are intended to mitigate potential negative effects of contiguous uses in differing zoning districts. B. Applicability All development shall provide a perimeter landscape buffer to separate it from differently-zoned adjacent property in accordance with Table C, Buffer Types, and Table D, Buffer Type Application. C. Buffer Types Table C, Buffer Types, describes two different buffering options in terms of their function, opacity, width, and planting requirements. Where a particular buffer type is required in Table D, Buffer Type Applications, the requirement may be met by using either of the buffer options (a narrow option with a wall is also an option). Where an option utilizing a berm or fence is selected, the berm or fence shall comply with the standards of Section C.4, Berms, or Section 72-56, Fences and Walls, as appropriate. TABLE C: BUFFER TYPES ACI = aggregate caliper inches MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER BUFFER TYPE AND CONFIGURATION DESCRIPTION OPTION 1: MINIMUM WIDTH 25 FEET [1][2] OPTION 2: MINIMUM WIDTH 15 FEET [1][2] TYPE A BASIC This perimeter buffer functions as basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet. 10 ACI of canopy trees per 100 linear feet 2 ACI of canopy trees + 12 ACI of understory trees per 100 linear feet 5-44

230 Section Landscaping Sub-section Perimeter Landscape Buffers TABLE C: BUFFER TYPES ACI = aggregate caliper inches MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER BUFFER TYPE AND CONFIGURATION DESCRIPTION OPTION 1: MINIMUM WIDTH 25 FEET [1][2] OPTION 2: MINIMUM WIDTH 15 FEET [1][2] TYPE B AESTHETIC This perimeter buffer functions as an intermittent visual obstruction from the ground to a height of at least 20 feet, and creates separation without eliminating visual contact between uses. 8 ACI of canopy trees + 12 shrubs per 100 linear feet 4 ACI of canopy trees ACI understory trees + 5 shrubs per 100 linear feet TYPE C SEMI-OPAQUE This perimeter buffer functions as a semi-opaque screen from the ground to at least a height of six feet. 8 ACI of canopy trees + 9 ACI of understory trees + 11 shrubs per 100 linear feet A four-foot-tall opaque fence + 6 ACI of canopy trees + 12 ACI understory trees + 11 shrubs + per 100 linear feet 5-45

231 Section Landscaping Sub-section Perimeter Landscape Buffers TABLE C: BUFFER TYPES ACI = aggregate caliper inches MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER BUFFER TYPE AND CONFIGURATION DESCRIPTION OPTION 1: MINIMUM WIDTH 25 FEET [1][2] OPTION 2: MINIMUM WIDTH 15 FEET [1][2] TYPE D OPAQUE This perimeter buffer functions as an opaque screen from the ground to a height of at least six feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation. 10 ACI of canopy trees ACI of understory trees + 23 shrubs per 100 linear feet A six-foot-tall opaque fence + 8 ACI of canopy trees + 15 ACI of understory trees + 23 shrubs per 100 linear feet NOTES: [1] Any required perimeter buffer width can be reduced to six feet with the provision of a solid masonry wall at least six feet in height, along with 12 shrubs per every 100 linear feet located outside the wall. [2] Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section , Alternative Landscape Plans. 5-46

232 Section Landscaping Sub-section Perimeter Landscape Buffers D. Buffer Type Application Table D Buffer Type Application, specifies the type of landscaped buffer that development shall provide between it and adjacent differently-zoned. The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table C, Buffer Types. TABLE D: BUFFER TYPE APPLICATION A = Type A Buffer B = Type B Buffer C = Type C Buffer D = Type D Buffer N/A = Not Applicable (No Buffer Required) ZONING CLASSIFICATION OF PROPOSED DEVELOPMENT SITE R-2; R-4 ZONING CLASSIFICATION OF ADJACENT PROPERTY R-8; R-12; PD-R R-16; R-30; PD-MU C-T; C-D C-SC; PD-C; PD- MC C-H; I-1 R-2; R-4 N/A N/A B C D D D R-8; R-12; PD-R N/A N/A A B C D D R-16; R-30; PD-MU B A N/A A B C D C-T; C-D C B A N/A A B D C-SC; PD-C; PD-MC D C B A N/A A D C-H; I-1 D D C B A N/A C I-2 D D D D D C N/A NOTES: [1] Letters in cells correspond to the buffer types depicted in Table C, Buffer Types. [2] The general development plan in a planned development district may propose an alternative buffer, including an exception to buffer requirements between uses within the boundaries of the PD district. (Ord. No , ) E. Responsibility for Buffer Installation 1. Vacant Parcels Where a developing parcel is adjacent to a vacant parcel and a perimeter buffer is required for both parcels in accordance with this Subsection, the developing parcel shall provide a minimum of one-half of the perimeter buffer required adjacent to the vacant land. 2. Existing Land Uses Where a parcel that is the subject of a proposed development is adjacent to a developed parcel, and a perimeter buffer is required in accordance with this Subsection, the parcel that is the subject of the proposed development shall provide the perimeter landscape buffer, at the full required width, adjacent to the developed parcel in accordance with Table C, Buffer Types, and Table D, Buffer Type Application, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots. Where a perimeter landscape buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel shall be responsible for providing only the additional buffer and planting material as necessary to meet the standards of this section. I

233 Section Landscaping Sub-section Screening F. Location of Buffers Perimeter landscape buffers required by this Subsection shall be located along the outer perimeter of the parcel; such buffers shall begin at the applicable boundary line and extend inward. In the case of parcel boundary lines along a public rightof-way, solid fencing having a height in excess of 48 inches, if provided, shall not encroach beyond the building setback line, except when otherwise approved as part of an Alternative Landscape Plan. A perimeter landscape buffer may be located along shared access easements between parcels in nonresidential developments. G. Development within Required Buffers 1. Unless permitted in this Subsection, no required landscape buffer shall contain any buildings, structures, improvements, or uses other than landscaping. 2. Sidewalks and trails may be placed in perimeter buffers if all required landscaping is otherwise provided. When sidewalks and trails are placed in a perimeter landscape buffer, pervious surfacing shall be used to the maximum extent practicable, and the location of the sidewalk and trail shall be situated to minimize damage and removal of existing vegetation. 3. Overhead and underground utilities may cross a perimeter buffer, but shall not be configured to run parallel with and inside a perimeter buffer unless the landscaping located within the buffer will remain undisturbed, or the easement requires the landscaping to be replaced, if damaged. 4. If required landscaping material is damaged or removed due to utility activity within a required buffer, and the utility easement does not require the utility company to replace the landscaping, then the landowner shall be responsible for re-establishing the required landscape buffer to meet the requirements of this Section. H. Credit for Existing and Required Vegetation Screening 1. Existing vegetation meeting the size standards of Section C.1, New Plantings, located within ten feet of the perimeter buffer area, if preserved, will be credited toward the perimeter landscape buffer standards. 2. Vehicular use area landscaping meeting the size standards of Section C.1, New Plantings, and located within 20 feet of area to be occupied by a perimeter landscape buffer, may be credited towards the perimeter landscape buffer standards. A. General Requirements In addition to the required foundation plantings, vehicular use area landscaping, and perimeter landscape buffer requirements, screening shall be required to conceal specific areas of high visual or auditory impact, and hazardous areas, from both on-site and off-site views (see Figure , Screening Methods). Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material. 5-48

234 Section Landscaping Sub-section Screening B. Items to Be Screened The following areas shall be screened from off-site views in accordance with this section: 1. Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers); 2. Loading and service areas; 3. Outdoor storage areas (including storage tanks); 4. To the extent feasible given access requirements, ground-based utility equipment in excess of 12 cubic feet; and 5. Ground level mechanical units, from public streets only. FIGURE : SCREENING METHODS C. Screening Methods The following items are permitted for use as screening materials. Alternative screening materials that are not listed may be used if it is determined they are comparable to these screening materials. 1. Vegetative materials that meet the minimum vegetative screening requirements for a Type D buffer (see Table C, Buffer Types) and the size standards of Section C.1, New Plantings; 2. An earthen berm that is at least two feet in height, covered with grass, and planted with other landscaping materials consistent with the function of and requirements for a Type D buffer (see Table C, Buffer Types) provided, however, that a berm shall not be used in the CD district or if it will replace existing trees; 5-49

235 Section Landscaping Sub-section Trees Trees 3. A masonry wall that is the minimum height necessary to fully-screen the object being screened, and that is constructed of brick, textured concrete masonry units, or stucco block; or 4. Use of chain link fencing with wooden or plastic slats shall be limited to access gates only. A. Street Trees Street trees shall be required for all development in the City, in accordance with the following standards: 1. Where Required Street trees shall be required on both sides of all streets in the City except alleys and around temporary turnarounds. 2. Location Trees shall be evenly spaced, aligned along the right-of-way frontage within 15 feet of the edge of the roadway pavement, and placed between the edge of the roadway pavement and any sidewalk or trail. 3. Type All trees must be on the City of Fredericksburg s approved street tree list or be approved by the City Arborist. All plantings must be in accordance with ANSI A300 Part 6. Existing mature, healthy trees located within the streetscape buffer shall be preserved and maintained as part of the overall landscaping plan for the development. 4. Configuration a. Single street trees shall be canopy trees except when beneath overhead utilities, where understory trees shall be used. Refer to the City of Fredericksburg s Approved Street Tree List for a list of trees to be planted under power lines. b. No single genus shall constitute more than 20 percent of the number of trees to be planted. c. Understory trees shall be spaced a maximum average of 20 feet oncenter. d. Canopy trees shall be spaced a maximum average of 40 feet oncenter. 5. Deviations Deviations from the standards may be proposed in accordance with the standards in Section Alternative Landscape Plan, or by the City s Arborist. B. Specimen Tree Protection 1. Applicability a. General i Existing mature, healthy trees located within the streetscape buffer shall be preserved and maintained as part of the overall landscaping plan for the development. Every development, except that exempted in accordance with Section B.1.b, 5-50

236 Section Landscaping Sub-section Trees ii Exemptions, shall be required to protect specimen trees in accordance with this section. A specimen tree is notable by virtue of its outstanding size and quality for its particular species. An existing canopy tree is considered notable when it achieves a diameter at breast height of 32 inches or more and any understory tree is considered notable when it achieves a diameter at breast height of 9 inches or more. Species not native to Virginia, shall not be eligible for consideration as specimen trees. b. Exemptions The following developments shall be exempt from these standards: i ii Those located within the C-D District; and Existing single-family detached residential dwellings on lots of record established prior to October 8, c. Invasives Not Considered Specimen Trees Regardless of the diameter at breast height (DBH), any tree listed on the Virginia Department of Conservation and Recreation s Invasive Alien Plant Species List shall not be considered a specimen tree for purposes of this Ordinance. 2. Depiction on Landscaping or Development Plan The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on the proposed development plan associated with the development. 3. General Requirement No specimen tree shall be removed during the development process, except in accordance with Section B.4, Removal of a Specimen Tree. In addition, all specimen trees shall have the following protections, whether located on public or private land: a. Cutting, Removal, or Harm Prohibited Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed. b. Paving or Soil Compaction Prohibited The area within the dripline of any specimen tree shall not be subject to paving or soil compaction. 4. Removal of a Specimen Tree Specimen trees may be trimmed, or cut if the landowner demonstrates to the City Arborist one of the following conditions: a. Removal of a Healthy Specimen Tree A specimen tree is in healthy condition, and all of the following standards are met: i ii iii The landowner is otherwise in compliance with this section; The specimen tree prevents development of a lot platted prior to October 8, 2013 in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Article 72-3: Zoning Districts, Article 72-4: Use Standards, or Article 72-5: Development Standards; and Mitigation is provided in accordance with Section B.5, 5-51

237 Section Landscaping Sub-section Trees Replacement/Mitigation of Specimen Trees. b. Removal of a Severely Diseased, High Risk, Damaged, or Dying Specimen Tree A specimen tree is certified by an arborist or other qualified professional as severely diseased, high risk, damaged by an act of God, or dying. Removal of a severely diseased, high risk, or dying specimen tree shall not require mitigation in accordance with Section B.5, Replacement/Mitigation of Specimen Trees. c. Trimming, Cutting or Removal is Otherwise Necessary This ordinance s prohibition of the trimming, cutting or removal of a specimen tree shall not apply (i) to work performed on federal or state property; (ii) to emergency work performed to protect life, limb or property, (iii) routine installation, maintenance or repair of cable and wires used to provide cable television, electric, gas or telephone service; (iv) to activities having only minor effects upon trees, such as home gardening and landscaping of individual homes; or (v) to commercial silvicultural or horticultural activities. 5. Replacement/Mitigation of Specimen Trees Any person who is determined to be responsible for the unauthorized destruction or removal of a specimen tree shall be required to implement, and to bear the cost of, the following measures: a. Replacement Trees Required Each healthy specimen tree removed or destroyed shall be replaced with replacement trees, each measuring no less than two inches in DBH by American Nurseryman Standard. Replacement trees shall be provided at a rate necessary to result in a cumulative total of replacement tree inches meeting or exceeding the DBH of the specimen tree removed. The replacement trees shall be replanted within 12 months of the removal or destruction of the specimen tree. b. Location of Replacement Trees Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby property in accordance with Section , Alternative Landscape Plan. C. Tree Protection During Construction 1. Owner s Responsibility At all times prior to completion of development, barriers shall be installed to protect existing and newly- installed vegetation from damage, in accordance with ANSI standard A300 Part 5, Management of Trees and Shrubs During Site Planning, Site Development, and Construction (revised 2012). Except for driveway access points, sidewalks, curb, and gutter, no paving shall occur within a tree save area except as may be specifically authorized within an approved alternative landscaping plan. 2. Tree Protection Fencing a. Where Required Specimen trees and other existing trees for which a developer is receiving credit towards landscaping requirements in accordance with 5-52

238 Section Landscaping Sub-section Trees Section D, Tree Preservation Incentives, shall be fenced with a sturdy and visible fence. The fence shall be installed prior to commencement of any land disturbing activity and shall be maintained in place at all times until completion of development. Fencing shall be erected no closer than one linear foot to a tree s dripline. The Zoning Administrator shall consider the existing site conditions in determining whether the location of tree protection fencing meets the requirements of this subsection. The area located inside tree protection fencing is referred to as the tree save area. b. Inspection All tree protection measures shall be inspected and approved by the Zoning Administrator as being compliant with the requirements of this subsection, prior to commencement of any land disturbing activities. c. When Required No construction, grading, equipment or material storage, or any other activity shall be allowed within any tree save area. 3. Encroachments into Tree Save Areas Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the developer shall notify the Zoning Administrator and shall refrain from any such encroachment for a period of 48 hours following the notification, to allow the Zoning Administrator an opportunity to confer with the developer and inspect the site. Thereafter, if the developer proceeds with the encroachment, the following preventive measures shall be employed: a. Soil Compaction To help prevent compaction due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Under no circumstances shall equipment or materials be stored within a tree save area. b. Fill No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots. c. Chemical Contamination Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes. D. Tree Preservation Incentives 1. Tree Preservation Credits In order to encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that comply with the credit standards of this subsection and are not specimen trees. Credits shall be granted in accordance with the following standards: 5-53

239 Section Landscaping Sub-section Alternative Landscape Plans a. Standards Existing healthy, well-formed canopy and understory trees shall be credited toward the minimum landscaping requirements in this section, provided: i ii iii iv The vegetation to be credited shall meet the minimum size standards in this Ordinance; The vegetation to be credited conforms with all species requirements and does not include noxious or invasive weeds or other nuisance vegetation; The vegetation to be credited is protected before and during development by tree protection fencing or other methods approved by the Zoning Administrator prior to the start of any land-disturbing activities; and The location of the existing vegetation contributes to the screening or buffering functions of the landscaping. b. Credit Amount As an incentive for retention of existing trees, existing trees meeting the standards in (a) above that are retained during and after development shall be credited towards the minimum landscaping requirements in this Ordinance at a rate of 1.25 times the tree s actual caliper or diameter at breast height. 2. Reduction in the Minimum Number of Required Parking Spaces Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed, if the reduction of pavement will preserve the root zones of existing, healthy specimen trees. The specific amount of reduction will be determined by the Zoning Administrator after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Zoning Administrator. Alternative paving materials (see Section G, Alternative Materials) may be required by the Zoning Administrator in cases where required parking areas encroach upon root zones Alternative Landscape Plans A. General Alternative landscape plans, materials, or methods may be justified due to natural conditions, such as streams, natural rock formations, topography, and physical conditions related to the site. Lot configuration and utility easements may justify an alternative landscape plan, as well as impractical situations that would result from the strict application of requirements of Section 72-55, Landscaping. B. Allowable Deviations The Zoning Administrator may approve an alternative landscape in accordance with this Subsection Allowable alternatives include, but are not necessarily limited to the following: 1. Reduced Planting Rates due to Public Facilities An adjustment to planting locations or reduction of up to 20 percent in the type or total number of required caliper inches may be allowed when underground connections to public facilities or public utilities, or public 5-54

240 Section Landscaping Sub-section Maintenance easements or right-of-way, are located upon or in close proximity to the parcel. 2. Reduction in Standards due to Nature of Parcel A reduction in the count, spacing, or species diversity standards by up to 20 percent may be allowed where the reduction is desirable in terms of protection of existing natural resources, better consistency with the goals of the Comprehensive Plan, or a site design that exceeds the quality of what would otherwise result under a strict application of the standards in this Ordinance. In cases where plant counts have been reduced, the City may require off-site planting of some or all of the required landscaping. 3. Redevelopment of Nonconforming Sites The installation of required landscaping during redevelopment of existing nonconforming sites Maintenance The owner of a lot on which any required landscaping has been installed shall be responsible for the maintenance of all landscape areas not in the public right-of-way, and for continuing compliance with applicable landscaping requirements. Required landscaping shall be maintained in accordance with the approved landscape plan or alternative landscape plan for a development and shall present a healthy and orderly appearance free from refuse and debris. All trees and plantings shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or removed. A. Damage Due to Natural Occurrence In the event that any required landscaping, including any physical element thereof (such as fencing or berms) is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the required landscaping shall be replanted and replaced to the extent necessary to return the property to compliance with the approved landscape plan or alternative landscape plan. The owner shall have one growing season to comply. The Zoning Administrator shall consider the type and location of the required landscaping as well as the propensity for natural revegetation in making a determination on the extent of replanting requirements. B. Protection During Operations Trees and other plantings that are the subject of an approved landscape plan or alternative landscape plan shall be protected from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails. C. Maintain Shape All required trees (whether canopy or understory) shown on an approved landscape plan or alternative landscape plan shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees (including, but not limited to Crape Myrtles) that have been severely pruned, sheared, topped, shaped as shrubs, such that they no longer serve the intended buffering or screening function, shall be considered as damaged vegetation in need of replacement in accordance with Subsection A, Damage Due to Natural Occurrence, and shall be replaced within one growing season. 5-55

241 Section Fences and Walls Sub-section Location Requirements D. Natural Death The natural death of existing trees and plantings within a required landscape will not trigger a requirement for replanting or replacement unless the loss of such trees and plantings results in a required landscape area that no longer complies with the requirements of this Section FENCES AND WALLS A. Purpose and Intent The purpose and intent of this section is to regulate the location and height of fences and walls to protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls, and ensure the safety, security, and privacy of properties. B. Applicability 1. The provisions of this section shall apply to all construction, substantial reconstruction, or replacement of fences or walls not required for support of a principal or accessory structure, and to any other linear barrier intended to delineate different portions of a lot. 2. Temporary fences for construction sites and tree protection fencing are exempted from these standards, but shall comply with the requirements of the Uniform Statewide Building Code. 3. In the event of any inconsistency between the provisions of this section and any screening standard in Subsection , Screening, the standards in Subsection shall control Location Requirements A. General 1. Fences or walls shall be located outside of the public right-of-way, and may not exceed 24 inches in height if located within a required sight triangle. 2. Fences and walls are permitted on the property line between two or more parcels of land held in private ownership. 3. Fences and walls may be located within any required yard. B. In Easements or Around Fire Protection Facilities Fences located within utility easements or around fire protection facilities shall receive written authorization from the easement holder or the City (as appropriate). The city shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements or facilities. C. Blocking Natural Drainage Flow No fence or wall shall be installed in a manner or in a location so as to block or divert a natural drainage flow on to or off of any other land, unless the fence or wall has specifically been approved as part of an approved stormwater management plan. Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, or as part of an approved erosion and sediment control plan. 5-56

242 Section Fences and Walls Sub-section Height Standards D. Within Buffers Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material, to the maximum extent practicable. The perimeter fencing or wall for a single development shall be of a uniform style that complies with the standards of this section Height Standards All fences and walls shall conform to the standards in Table , Fence and Wall Height. In all cases, heights are measured from established grade on the highest side of the fence or wall (see Figure , Fence and Wall Location). TABLE : FENCE AND WALL HEIGHT LOCATION ON A LOT MAX. HEIGHT FOR OPAQUE FENCE OR WALL (FT) MAX. HEIGHT FOR TRANSPARENT FENCE OR WALL [1](FT) RESIDENTIAL DISTRICT NON- RESIDENTIAL DISTRICT Within Sight Triangle Within Front Setback All Other Areas NOTES: [1] Transparent fences or walls are constructed so that 50 percent or more of the fence or wall is visually permeable. A. A fence or wall in any residential zoning district shall not exceed 6 feet in height above the existing grade in any side or rear yard of a site up to the front of the principal structure on the site. This provision shall also apply to fences and walls located on lots used for residential uses in other zoning districts. The Development Administrator may approve fences or walls exceeding 6 feet in height if the adjacent property is in a non-residential zoning district or if there are unique topographic or other physical circumstances not created by the property owner. Additional setbacks may be required by the Development Administrator for such taller fences. B. In any front yard of a site in any R district, a fence or wall shall not exceed 4 feet in height back to the front of the principal structure on the site. This provision shall also apply to residential uses in other districts. C. For vacant sites in residential districts, fences or walls may not exceed 4 feet in height. D. A fence or wall shall not exceed 8 feet in height in any yard of any industrial or commercial use permitted by the provisions of this Subsection unless the Development Administrator authorizes such fences or walls to exceed 8 feet. The Development Administrator may approve fences or walls to exceed 8 feet of there are unique topographic or other physical circumstances not created by the property owner. Additional setbacks may be required by the Development Administrator for such taller fences. 5-57

243 Section Refuse Collection Areas Sub-section Maintenance E. No fence or wall shall be constructed in a manner or in a location that impairs safety or sight-lines for pedestrians and vehicles traveling on public rights of way. FIGURE , FENCE AND WALL LOCATION Maintenance All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition. The owner of the property on which a fence or wall is located shall be responsible for maintenance, including but not limited to, the replacement of missing, decayed, or broken structural and decorative elements. All fences and walls shall receive regular structural maintenance to prevent and address sagging and weathering of surfaces visible from the public right-of-way. Any deteriorated, damaged, or decayed fence materials shall be repaired REFUSE COLLECTION AREAS A. Purpose and Intent The purpose and intent of this section is to establish standards for refuse collection areas. B. Applicability All nonresidential and multi-family development shall provide appropriate refuse collection areas and facilities in accordance with the standards and requirements of this Section

244 Section Refuse Collection Areas Sub-section Standards Standards A. Location Refuse collection facilities shall: 1. Be located so as to facilitate collection and minimize any negative impact on on-site operations, neighboring lands, or public rights-ofway (see Figure , Refuse Location); 2. Not be located between a principal structure and any adjacent streets; and 3. Be located at least twenty feet from any lot line shared with a lot containing a singlefamily detached dwelling; and 4. Not be located closer than three feet from any adjacent lot line. FIGURE , REFUSE COLLECTION AREA LOCATION B. Configuration Refuse collection facilities shall be: 1. A minimum size necessary to accommodate both solid waste containers and recycling containers. 2. Located atop a concrete pad with a minimum depth of six inches. 3. Screened in accordance with Section , Screening; 4. Contained within an enclosure; and 5. Constructed according to specifications established by the solid waste services provider to allow for collection without damage to the collection vehicle. 5-59

245 72-58 EXTERIOR LIGHTING Section Exterior Lighting Sub-section Lighting Plan A. Purpose and Intent The purpose of this section is to regulate light spillage and glare to ensure the safety of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent lands. More specifically, this section is intended to: 1. Regulate lighting to assure that excessive light spillage and glare are not directed at adjacent lands, neighboring areas, and motorists; 2. Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site; 3. Provide security for persons and land. B. Applicability 1. General The provisions of this section shall apply to all development in the City unless exempted in accordance with Section B.4, Exemptions. 2. Time of Review Review for compliance with the standards of this section shall occur as part of the review of an application for a site plan, planned development, certificate of appropriateness, or certificate of zoning use, as appropriate by the Development Administrator. 3. Existing Development Compliance with these standards, to the maximum extent practicable, shall also apply to redevelopment of an existing structure, building, or use when it is expanded, enlarged, or otherwise increased in intensity equivalent to or beyond 50 percent. 4. Exemptions The following uses, activities and development are exempt from the exterior lighting standards of this section: a. FAA-mandated lighting associated with a utility tower or airport; b. Lighting associated with navigational beacons, the United States flag, Virginia flag, or City of Fredericksburg flag; c. Holiday lighting during the months of November, December, and January, provided the lighting does not create unsafe glare on street rights-of-way; d. Battery-powered emergency lighting; and e. Architectural lighting of 450 lumens (= 40 watts incandescent) or less Lighting Plan To ensure compliance with the standards of this section, a lighting plan demonstrating how exterior lighting will comply with the standards of this section shall be included as part of every development approval application. 5-60

246 Section Exterior Lighting Sub-section General Standards General Standards A. Hours of Illumination Institutional uses, commercial uses, and industrial uses that are adjacent to existing residential development shall extinguish all exterior lighting except lighting necessary for security or emergency purposes within one hour after closing and shall not turn on such lights until within one hour of opening. For the purposes of this subsection, lighting necessary for security or emergency purposes shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor storage areas. Lighting activated by motion sensor devices is strongly encouraged. B. Shielding Except for single-family detached and duplex dwellings, all exterior luminaries, including security lighting, shall be full cut-off fixtures and directed downward, consistent with Figure B Full Cut- Off Fixtures. In no case shall lighting be directed above a horizontal plane through the lighting fixture. C. Maximum Height Except for athletic fields or performance areas, the height of outdoor lighting, whether mounted on poles, walls, or by other means, shall be no greater than 25 feet above grade. D. Maximum Illumination Value FIGURE B FULL CUT-OFF FIXTURES 1. All outdoor lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in footcandles at ground level measured at any lot line shall not exceed the standards in Table D, Maximum Illumination Levels, and Figure D Maximum Illumination Value. 5-61

247 Section Exterior Lighting Sub-section Measurement TABLE D MAXIMUM ILLUMINATION LEVELS MAXIMUM ILLUMINATION TYPE OF USE ABUTTING A LOT LINE [1] LEVEL AT LOT LINE (FOOTCANDLES) Residential use or vacant land zoned for.5 residential development Institutional use 1.0 Commercial use or vacant land [2] 2.0 Industrial use 3.0 Parking lot 2.5 NOTES: [1] See Table , Use Table [2] Includes mixed-use development 2. In no instance shall illumination levels within a lot or development site exceed 3.0 footcandles. FIGURE D MAXIMUM ILLUMINATION VALUE E. Signage Lighting for signage shall be governed by the standards in Section Signage Measurement A. Light level measurements shall be made from a lot line of the land upon which light to be measured is being generated. If measurement on private property adjacent to the light-generating land is not possible or practical, light level measurements may be made at the boundary of the public street right-of-way that adjoins the land. 5-62

248 Section Signage Sub-section Purpose and Intent B. Measurements shall be made at established grade (ground level), with the lightregistering portion of the meter held parallel to the ground pointing up. The meter shall have cosine and color correction and have an accuracy tolerance of no greater than plus or minus five percent. C. Measurements shall be taken with a light meter that has been calibrated within two years. D. The Development Administrator shall be responsible for enforcement of the standards in this section SIGNAGE Purpose and Intent The purpose and intent of this Section is to establish reasonable regulations as to the size, height, area, bulk, location, erection, construction, reconstruction, alteration, repair, maintenance, razing or removal of signs and the structures to which they are affixed, which are visible from the public right-of-way. A sign placed on land or on a building for the purpose of identification, protection or advertising a use conducted therein shall be deemed to be an integral part of the land or building. City Council has adopted these regulations in order to achieve all of the following community goals and objectives: A. Protect the health, safety and welfare of the public. B. Safeguard the public use and nature of the streets and sidewalks by reducing hazards that may be caused by signs overhanging or projecting over public rightsof-way. C. Enhance the physical appearance of the City and preserve the scenic and natural beauty of certain areas by the requirement of high professional standards in sign design and display. D. Reduce sign or advertising distraction and obstructions that may impede firefighting efforts or impair a drivers ability to see pedestrians, obstacles or other vehicles or to read traffic signs. E. Promote the economic growth of the City by creating a community image that is conducive to attracting new business and industrial development. F. Promote the safety of persons and property by requiring that signs not create a hazard due to collapse, fire, decay or abandonment. G. Promote reasonable legibility and effectiveness of signs and prevent their overconcentration, improper placement and excessive height, bulk, density and area General Regulations A. Any sign displayed in the City of Fredericksburg shall comply with: 1. All provisions of this Ordinance; 2. All applicable provisions of the Building Code and all amendments thereto; 3. All state and federal laws and regulations pertaining to the display of signage. B. No sign, unless herein exempted, shall be erected, constructed, posted, painted, altered, or relocated except as provided in this Section and until a sign permit has been issued. 5-63

249 Section Signage Sub-section Exemptions C. Before a sign permit is issued, an application for a Certificate of Zoning Use or Certificate of Appropriateness, as applicable, must be approved. All electrically illuminated signs shall require a separate electrical permit from the Building and Development Services Department Exemptions The following signs shall not require a sign permit: A. Signs of a duly constituted governmental body, such as, but not limited to, traffic, warning, directional, street, regulatory or governmental which are directly related to the health, safety, convenience or welfare of the community. B. Commemorative plaques and historical markers erected by a recognized historical agency or government body. C. Flags of the Commonwealth of Virginia, United States of America and any other flag of a state or nation flown for noncommercial purposes. D. Small signs which display or post address numbers. E. Seasonal displays and decorations which do not advertise a product or service. F. Temporary signs for official notices. G. One Private Property, No Trespassing or Beware of Dog sign, not exceeding one and one-half square feet in area, but only where such warning is justifiable. H. Normal maintenance and repair of a conforming sign. I. Change of advertised copy on a sign or marquee designed and approved for replaceable copy. J. Traffic control signs as deemed necessary and approved by the Department of Public Works or the Virginia Department of Transportation. K. One temporary real estate sign advertising property for sale, rent, lease, build-tosuit, or sign announcing future construction. Such sign shall: 1. Not exceed six square feet in area in any R district or 32 square feet in area in any other district; 2. Shall be removed within one week of occupancy of the property; and 3. Not exceed six feet in height. L. Political campaign signs on private property. Campaign signs shall not be placed on utility poles, traffic control signs or trees or within public rights-of-way. Campaign signs shall be removed no later than thirty (30) days after the election. M. Signs displayed for the direction or convenience of the public, including signs which identify restrooms, location of public telephones, handicapped parking spaces, public entrances, freight entrances or the like provided such signs do not exceed a total surface area of three square feet per sign on any lot or parcel. N. Signs displayed on a truck, bus, or other vehicle while in use in the normal conduct of business. This Article shall not be interpreted to permit the parking of, for display purposes, a vehicle to which a sign is attached or the use of such a vehicle as a portable sign. O. Menu/Daily Special signs, not exceeding four square feet in size, provided the sign is attached to a building facade, unless authorized by the Zoning Administrator. P. Wall or ground signs in a private parking lot to identify entrances, exits and divisions of the lot into sections and to control vehicular and pedestrian traffic in the lot, provided each sign does not exceed four (4) square feet in area. Q. Murals, although requirements of an overlay district zoning may apply. 5-64

250 Section Signage Sub-section Prohibited Signs R. Signs erected by a department of the governmental body, such as, but not limited to, event advertising, directional, which are directly related to community events being hosted in the City. S. Open/Closed signs, or similar, not exceeding four square feet provided that the sign is located inside the structure Prohibited Signs All signs or sign structures which are not specifically exempted or permitted as defined in this section are prohibited. Signs prohibited include, but are not limited to, the following: A. Any sign which violates any provision of law or code of the Commonwealth of Virginia or of the United States. B. Any sign which obstructs a door, fire escape or building opening intended for light, air or access to a building. C. Any sign, pennant, streamer, large floating or stationary balloon intended to attract attention regardless of whether or not the sign has a written message of which all or any part is in motion by any means, including fluttering, rotating or other moving signs set forth in motion by movement of the atmosphere. D. Any sign displaying flashing or intermittent lights or lights changing degrees of intensity. A variable message sign may be allowed when message changes alternate on not less than eight-second cycles and when in the judgement of the Development Administrator the alternating message sign does not constitute a public safety or traffic hazard. Variable message signs shall not be permitted in any historic district. E. Any permanent lighting either by exposed tubing or strings of lights, either outlining any part of a building or affixed to any ornamental feature thereof. F. Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or direction or other public information. G. Any sign that uses the word stop, danger, slow, caution, yield, or go or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is likely to be confused with any sign displayed by public authority. H. Signs that are structurally unsafe. I. Portable signs unless specifically permitted in this Section. J. Sound-producing signs. K. Any sign displayed on a stationary or moving motor vehicle or trailer when the vehicle or trailer is used primarily for the purpose of and serving the function of a portable sign, except when such vehicle or trailer is parked so as to not be parked adjacent to a public road or is loading or unloading. L. Any sign representing or depicting specified sexual activities or specified anatomical areas or sexually oriented goods. Any sign containing obscene text or pictures as defined by the Code of Virginia. M. Outdoor advertising signs. N. Roof signs. O. Costumed persons, sign spinners and sails. P. Any sign or illumination that causes any direct glare into or upon any building other than the building to which the sign is located. Q. Any sign, except official notices, which is nailed, tacked, posted or in any other manner attached to any pipe or utility pole, whether on public or private property of any description, or to any tree. 5-65

251 Section Signage Sub-section Application, Fee, Expiration and Special Exceptions R. Any sign attached to a chimney, tower, tank or structure of like kind which extends above the zoning district height limits Application, Fee, Expiration and Special Exceptions A. Applications for a sign permit may be obtained from the office of the Development Administrator. B. Any property owner or tenant of a parcel of land upon which a sign is to be displayed, or any authorized agent of such owner or tenant may apply for a sign permit. If a tenant is an applicant, the property owner or owner s agent shall sign the application. C. Every sign permit application shall include the square footage, height and location of all existing signs on the property, and the area, size, height, structure, design, location, lighting, and materials for the proposed signs. In addition, the Development Administrator may require that the application contain any other information deemed necessary to ensure compliance with, or effectively administer, these regulations. D. All applications for a sign permit in a district requiring a master sign plan shall be in accord with the master sign plan approved for that district. E. A nonrefundable sign permit fee, established by the City Council, is due and payable with the filing of a sign permit application. More than one sign on one building or group of buildings located on the same parcel of land may be included on one application provided that all such signs be applied for at one time. F. After all applicable fees have been paid and a sign permit approved, the applicant may install and display approved signage. Once installed, the Development Administrator may inspect the sign(s) for conformance with the approved sign permit and this section. G. Any sign permit issued shall be null and void if any sign for which the permit was issued is not installed in accordance with the permit, nor all fees paid, within 6 months of the date the permit was approved. H. Within 60 days after the occupant of a lot or building vacates the premises, the property owner shall remove all signs of or relating to that occupant from the premises. Any new or replacement sign shall be subject to Section B Sign Regulations by Zoning District The following regulations shall apply to all signs for which a permit is required by the provisions of this section: A. All Districts The following regulations apply to signs permitted in all districts: 1. Temporary signs not exceeding 50 percent of the aggregate area of sign display allowed on any privately owned site in that district shall be permitted for the purpose of announcing a campaign, drive or event of a civic, philanthropic, fraternal, religious, or educational organization. No such sign shall be displayed in any R zoning district except on the immediate site of the event to which it pertains. Such sign may be maintained for a period not to exceed one month and shall be removed within five days after the event to which it pertains. 5-66

252 Section Signage Sub-section Sign Regulations by Zoning District 2. One informational sign or bulletin board customarily incidental to places of worship, libraries, museums, social clubs or societies shall be permitted per parcel, provided such a sign or bulletin board is wall mounted, is not projecting and does not exceed 15 square feet of sign area. 3. The location of all freestanding signs, where permitted, in no instance may project beyond any property line nor be within two feet of the curb line. B. Residential Districts In addition to other applicable regulations presented in this section, the following regulations shall apply to signs in R districts or to residential uses in mixed use developments: 1. In R-2, R-4, R-8, one sign not to exceed two square feet for each dwelling unit shall be permitted. Such sign shall indicate only the name and address of the occupant. Home occupations in these districts shall not be permitted additional signage of any type, except that bed and breakfast establishments may install an identifying sign not to exceed four square feet. 2. In R-12, R-16 and R-30, no more than two signs per building shall be permitted totaling 12 square feet per building. 3. Nonresidential uses permitted in the district may be permitted a low-profile monument type sign. No such sign, including supports, shall extend more than five feet above existing grade level, be located closer than five feet to any property line, and have an area greater than 20 square feet. 4. No sign shall project beyond a property or right of way line. 5. All building-mounted signs shall be flush against the building and shall not project above the roofline. 6. Sign illumination shall be only by direct white lighting and shall illuminate only the face of the sign. 7. Freestanding identification signs, restricted to four square feet, may be used to identify community features, such as a community center, picnic area or pool facility. 8. One onsite real estate sign, not to exceed 32 square feet and a height of eight feet, advertising a residential community, provided such sign shall be removed when all of the dwelling units in the residential community have been sold. 9. One wall or ground sign giving the place name of an established neighborhood, community or subdivision development shall be permitted for each major entrance of the neighborhood. When the entrance to such neighborhood, community or subdivision development is so designed as to require two ground signs for the sake of symmetry, two signs may be permitted. Each permitted sign shall not exceed 60 square feet, an overall height of eight feet and such signs shall be 10 feet from any lot line. (Ord. No , ) 5-67

253 Section Signage Sub-section Sign Regulations by Zoning District C. Commercial and Industrial Districts In addition to other applicable regulations, the following regulations shall apply to all signs in the C and I districts and for commercial uses in mixed use developments: 1. Building Mounted Signs: TABLE C.1 BUILDING MOUNTED SIGNS Total maximum area: Maximum projection: 1.5 square feet for each linear foot of building frontage (total sign area shall not exceed 200 square feet) 42 inches from the wall Minimum clearance for signs projecting more than 6 inches: Above vehicular travel ways: Above vehicular travel ways: 8 feet 15 feet a. Signs on awnings, canopies, marquees, or umbrellas shall be included in Building Mounted Sign area computation. b. Signs inside windows shall not be included in Building Mounted sign area computation. c. Downtown Business Directory Signs In addition to the signage allowed above, business directory signs may be located in the Commercial Downtown district to direct customers to offices, shops, and other uses in the Commercial Downtown district not located on Caroline Street. The sign may be placed on a wall of a building on Caroline Street, if permitted by the property owner. Such signs shall be mounted flush to the wall, providing information on the location of offices, shops or other uses. These signs shall only identify businesses by name and address. The maximum sign area shall be limited to 15 square feet. 2. Freestanding Signs TABLE C.2 FREESTANDING SIGNS ZONING DISTRICTS MAXIMUM NUMBER CT CD CSC CH I-1 I-2 Per parcel 1 1 N/A Per shopping center N/A N/A 1 N/A N/A N/A Per gasoline sales business for price MAXUMIM SIGN AREA For all signs on parcels on public streets with a rightof-way of more than 70 feet For signs on parcels on public streets with a rightof-way of 70 or less N/A N/A

254 Section Signage Sub-section Sign Regulations by Zoning District TABLE C.2 FREESTANDING SIGNS ZONING DISTRICTS MAXIMUM NUMBER CT CD CSC CH I-1 I-2 For gasoline price signs N/A N/A MAXIMUM HEIGHT (FEET) a. Illumination i ii iv Ground placed lights of any technology may be installed, directed solely at the sign in a manner that does not illuminate surrounding areas, or Signs may be illuminated by any technology with a brightness not exceeding the maximum illumination levels shown on table D, or iii Not more than 40%of permitted sign area shall use light emitting diodes (LED) illumination. Sign illumination shall be turned off within one hour after the closing of the business and shall be turned on no sooner than one hour before the business opens. b. Design Standards i ii Signs in the CT and CD zoning districts shall be low-profile, monument type; Signs shall be designed with material, colors, and lettering that are compatible and harmonized with the main building on the site; iii Signs shall be located in a manner that shall not cause a pedestrian or vehicular traffic hazard; iv Signs shall convey only on-site business information and/or the name of the shopping center and the management company; v The ground area around the base of signs shall be landscaped with groundcover, shrubs and/or plants. The landscaping plan required by this section shall be depicted on or with the sign permit application; vi Signs shall be setback a distance equal to their height from any property or right-of-way line; and vii Signs shall be setback a distance equal to twice their height from any existing freestanding sign. c. Accessory Signs i One detached order board and one preview board is permitted for each stacking lane for businesses with drive-through facilities. Order boards and preview boards shall not be included in calculating the number of freestanding signs or in calculating the total aggregate sign area. Such signs must be located so that they are not legible from off the property. Order boards are limited to 30 square feet in area and six feet in height. Preview boards are limited to 15 square feet in area and six feet in height. 5-69

255 Section Signage Sub-section Sign Regulations by Zoning District ii Two construction signs, not to exceed 32 square feet and a height of six feet, advertising the use to be made of a commercial building or structure and the businesses and firms developing the site or structure. Such sign may be installed immediately prior to construction and shall be removed upon occupancy of the building or structure. d. Industrial Park directory and off-premise signs In addition to the signage allowed above, industrial park directory signs may be located in the I-1 and I-2 districts. One freestanding sign shall be permitted identifying the name of the industrial park and its tenants. Such sign shall not exceed 100 square feet in area and 20 feet in height. In addition, three or more neighboring businesses in the I-1 and I-2 zoning districts that do not have visibility from an adjacent arterial or collector road, may jointly erect a free standing sign off-site. Such signs shall not exceed 100 square feet in area and 10 feet in height. Such sign shall be located within 1000 feet from the business being advertised. 3. Except as otherwise specifically provided in this section, no business sign shall be allowed except upon that portion of a building or site that is owned or leased and actually occupied by the business identified by such sign. D. Planned Development Districts In addition to other applicable regulations presented in this section, a sign design package shall be used for all signs in a PD-C, PD-MU, PD-MC or PD-R district that will have multiple land uses and/or multiple development phases. 1. A sign design package will graphically present the size, shape and format for each type of sign for the project. All proposed sign formats will be dimensioned. The number of signs, colors, type fonts, sign size, type of lighting and construction materials to be used will be specified for all proposed signs. The sign design package will: a. Specify the proposed colors of project sign formats, although individual purchasers or lessees of project property may use their own corporate colors for individual names and corporate logos within the sign size and color formats specified in the signage design package. b. Specify the type fonts and the height of the lettering to be permitted on the project s various signs, although individual purchasers or lessees of project property will be able to use their own corporate type fonts for corporate names and corporate logos where such usage is permitted. c. Specify the types of materials proposed for construction or use on the project s various signs. Sign poles, supports, panels, attachments, lettering and visible base materials must be identified. Individual purchasers or lessees of project property may select sign materials for their individual signs where the package so allows. 2. Upon approval of the sign design package by the Development Administrator, all new signs within the boundaries of the PD-C, PD-MU or PD-R project will adhere to the standards of the approved signage design package. 3. Permitted types of signs within a sign design package: a. Building mounted identification signs. 5-70

256 Section Signage Sub-section Sign Regulations by Zoning District b. Canopy signs. c. Directional signs. d. Entrance feature, identification, or informational signs. (Ord. No , ) e. Freestanding identification signs. f. Street banners and seasonal displays: Seasonal displays depicting seasonal, logo, holiday, special events, graphic designs or color panels may be placed on parking area light poles. Banner sizes are limited to a maximum of 10 square feet. The owner/installer is responsible for insuring the structural integrity of the supporting poles before seasonal displays are installed. g. Theater signs advertising the acts or features to be given in a theater may be displayed on permanent frames erected on the theater building; provided that each frame does not exceed 20 square feet. h. Tube illuminated signs (in retail establishments only): One such sign per retail establishment is allowed if displayed inside the window and the size is restricted to a maximum of four square feet in size. 4. Sign design package approval includes the following steps: a. An applicant must submit a sign design package for approval by the Development Administrator with either the final site design for the first phase of development or prior to construction of the first phase of lot or site development. b. The Development Administrator will review the proposed sign design package within 60 days. The package may be returned to the applicant for changes or modifications. A changed or modified package that addresses departmental comments and is resubmitted shall be approved or denied within 45 days. In the event the applicant disagrees with the decision of the Development Administrator regarding the sign package, the applicant may file an appeal to the BZA in accordance with this Ordinance. c. Acceptance of the sign design package by the Development Administrator does not exempt the applicant from obtaining sign permits in accordance with this section. d. Minor amendments or additions to an approved sign design package may be approved by the Development Administrator. e. Total redesign of an approved sign design package shall not be considered a minor amendment but shall be treated as a new application. 5. Additional Sign Regulations for PDC Districts a. PDC development projects which are adjacent to an interstate highway, contain 200 acres or more, and contain 420,000 square feet of building floor area will be permitted the following signs: i ii iii A freestanding project sign not to exceed 1,000 square feet in sign panel area (except for public or jurisdictional signage) or 175 feet in height, which project sign may be illuminated. A monument sign at a major entrance 52 feet in width. Such sign will not exceed 60 feet in height (excluding architectural treatments). An identifying sign panel for the project not to exceed 200 square feet. 5-71

257 Section Signage Sub-section Sign Regulations by Zoning District iv v Identifying panels for individual users not to exceed 130 square feet each. Such panels will not exceed 30 in number. A monument project identification sign at each existing major intersection at the boundary of the parcel, not to exceed 15 feet in height and 250 square feet in sign area. b. Individual users within the PD-C may be permitted the following signs: i ii iii Building signs equal to one square foot for each linear foot of building circumference, but not to exceed 200 square feet of sign face per building side on not more than three sides per building. A monument sign, not to exceed ten feet in height and 100 square feet of sign area, except that a monument sign identifying more than one user may have a maximum of 150 square feet of sign area. A monument sign, not to exceed ten feet in height and 100 square feet of sign area, identifying a single user located off-premises from the site of the sign it identifies, provided the user is located on a site or lot of at least 100,000 square feet that does not abut a four-lane major thoroughfare, and the sign is located within 300 feet of the subject lot. 6. Additional Sign Regulations for PD-MU, PD-MC and PD-R Districts: a. Commercial, industrial, or retail properties housing one or more tenants may not exceed 1.5 square feet of sign area for each linear foot of building frontage. No total sign area, including the area of any freestanding sign, may exceed 200 square feet in area. b. Freestanding signs for commercial, industrial, or retail properties may not exceed 15 feet in height. E. Historic Districts In addition to other applicable regulations presented in this section, all signs to be located in the Old and Historic Fredericksburg district shall be approved by the Architectural Review Board in accordance with the provisions of the HFD Overlay district. Notwithstanding any other provision of this section, the Architectural Review Board, in approving a sign, may further regulate such sign with respect to area, height, placement, materials, color, lighting, graphics, lettering or architectural styling, consistent with the guidelines applicable to their decisions. F. Gateway Overlay Districts In addition to other applicable regulations presented in this section, all signs to be located in Gateway Overlay districts shall be approved by the Development Administrator in accordance with the provisions of this Overlay district. Notwithstanding any other provision of this section, the Development Administrator, in approving a sign, may further regulate such sign with respect to area, height, placement, materials, color, lighting, graphics, lettering or architectural styling, consistent with the guidelines applicable to his/her decisions. 5-72

258 Section Signage Sub-section Sign Regulations by Zoning District Figure , Sign Types 5-73

259 Section Signage Sub-section Temporary Signs Temporary Signs Temporary signs may be allowed by an approved temporary sign permit, subject to the following provisions: A. Banners with a maximum size of 40 square feet may advertise special promotions, hiring information, community events or new businesses, and shall not solely advertise a business name and/or logo. B. Temporary sign permits shall not be issued to the same applicant or business more than four times in any calendar year; each temporary sign permit shall be separated by a period of not less than 30 days. C. Applications for temporary signs must be submitted at least 10 business days prior to the installation of sign. Such application shall be on an application form prescribed by the Development Administrator and shall indicate the size, area, proposed location and manner of fastening of the temporary sign. Any banner installed without prior approval of the Development Administrator shall be removed immediately upon notification by the Planning Department and no other temporary sign shall be displayed on the property by the same business or organization for 90 days. D. A maximum of one temporary sign may be displayed at a time. E. Each permitted temporary sign may be displayed a maximum of 30 consecutive days. F. Temporary signs shall be located on the same property as the sponsoring business or organization. G. Temporary signs must be building mounted, shall be maintained in good, safe condition and be securely affixed to the building. Temporary signs shall not be illuminated. H. No temporary or permanent A-frame, sandwich board or portable roadside signs shall be permitted on private property in any zoning district Visibility from Interstate and Federal Aid Highways The Code of Virginia, Sections et seq., shall be applicable in the regulation of signs visible from interstate and federal aid primary highways within the City of Fredericksburg. 5-74

260 Article 72-6: Nonconformities

261

262 ARTICLE 72-6: NONCONFORMITIES Purpose and Intent Nonconformities, Generally Continuation Exceptions Nonconforming Uses Generally Expansion Limitations Minor Expansion Continuation or Replacement of a More Restrictive Nonconforming Use Nonconforming Structures General Requirements Repairs and Maintenance Minor Alterations Casualty Damage Other Rights Floodplain Overlay District Nonconforming Signs Generally Ability to Continue Moving Nonconforming Signs Nonconforming Lots Use of Undeveloped Nonconforming Lots Nonconforming Site Conditions Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures...6-6

263

264 Article 72-6: Nonconformities PURPOSE AND INTENT A. Within the districts established by this Ordinance or amendments thereto, there exist lots, structures and uses of land which were lawful before this Ordinance was passed or amended, but which will not comply with one or more of the provisions of this Ordinance. Such land, buildings and structures, and the uses thereof, which do not conform to the zoning regulations prescribed for the district in which they are situated, are referred to in this Article as nonconforming. The purpose of this Article is to regulate nonconforming uses, structures, and lots in a manner consistent with sound planning and zoning principles and in accordance with applicable laws. B. The general intent is that, over time, nonconforming uses, structures, and lots should not be expanded or enlarged except in conformance with this Ordinance. However, it is also recognized that nonconforming uses, structures, and lots need not be entirely static, and that under certain circumstances, nonconforming uses, buildings, structures, and lots may change, in accordance with the provisions of this Ordinance NONCONFORMITIES, GENERALLY Continuation Land, buildings, structures (including signs), and the lawful uses thereof, in use as of October 8, 2013, which do not conform to the zoning prescribed for the district in which they are situated, may lawfully be continued, only so long as: A. The existing use or a more restrictive use continues; B. The existing use is not discontinued for more than two years; and C. The buildings or structures are maintained in their existing structural condition Exceptions Notwithstanding the foregoing, the following are exceptions to the restrictions of this Article, to the extent specified below: A. A single-family dwelling, or addition thereto, for which a building permit was issued prior to October 8, 2013, which does not comply with the minimum yard requirements of the district in which it is situated. B. Modifications to a building or structure, which consists of improvements necessary to provide handicapped accessibility. C. Minor modifications of buildings or structures used for nonconforming uses, where such minor modifications meet the criteria specified in Section C. 6-1

265 Section Nonconforming Uses Sub-section Generally D. Building and structures authorized to be repaired, rebuilt or replaced following damage by casualty or act of God, subject to the provisions and requirements set forth within Section E. Vacant nonconforming lots may be used, subject to the provisions of Section NONCONFORMING USES Generally A. Uses of buildings or structures shall be required to conform to the regulations of the applicable zoning district, whenever, with respect to the building or structure, the square footage of a building or structure is enlarged, or the building or structure is structurally altered as provided in the Uniform Statewide Building Code, Section et seq. B. No building in which a nonconforming use is conducted and which has been declared by a duly authorized public official to be unsafe shall be restored, repaired or rebuilt for any use other than ones permitted in the zoning district in which such building is located. C. Any change in a nonconforming use authorized pursuant to the provisions of this Article shall be subject to the requirements of Section D. Nonconforming uses located in the Flood Plain Overlay district shall be subject to the provisions of Section K Expansion Limitations A. A nonconforming use shall not be expanded or extended into any other portion of the structure which was not occupied by the nonconforming use as of October 8, B. Expansion or alteration of a residential structure in which a nonconforming use is located will be permitted provided such expansion or alteration does not increase the extent of the structure s nonconformity with the minimum site or yard requirements of the zoning district. C. No nonconforming use may be expanded on a lot which is not properly zoned to permit such nonconforming use, unless the zoning is amended or a special use permit is obtained, as may be applicable Minor Expansion Notwithstanding Section C, a nonconforming use may be expanded as set forth in Section Continuation or Replacement of a More Restrictive Nonconforming Use A change of nonconforming use may be allowed as set forth in Section

266 72-63 NONCONFORMING STRUCTURES Section Nonconforming Structures Sub-section General Requirements A nonconforming building or structure may be changed, altered, repaired, restored, replaced, relocated or expanded only in accordance with the provisions of this article, and subject to the requirements of this Section General Requirements A. Any change to a nonconforming building or structure, including alterations, additions and expansions, shall be subject to the requirements of Section B. No nonconforming building or structure shall be moved on the same lot or to any other lot which is not properly zoned to permit such nonconforming building or structure Repairs and Maintenance Routine maintenance necessary to keep a nonconforming building or structure in good repair, and to prevent unsafe conditions and deterioration of materials, shall not be deemed a change in the structural condition of the property, for purpose of Section C Minor Alterations Minor alterations shall not be deemed a change in the structural condition of the property, for purposes of Section C. Minor alterations are alterations that meet one or more of the following criteria: A. The alterations consist of cosmetic modifications, interior renovations and similar improvements to a nonconforming residential structure and such alterations do not increase the land area occupied by any portion of the nonconforming building or structure, and shall not increase the gross floor area of any nonconforming building or structure. B. The alterations do not increase the extent of the structure s nonconformity with the minimum site or yard requirements of the zoning district. C. The alterations consist of a substantially similar replacement of an existing residential accessory building or structure including, but not limited to, a storage shed, garage or swimming pool, may be permitted and shall not be required to meet more restrictive setbacks enacted since the date the accessory structure became nonconforming, however, all other zoning regulations for the district in which the accessory structure is located shall apply. 6-3

267 Section Nonconforming Structures Sub-section Casualty Damage Casualty Damage A. Generally 1. The owner of any nonconforming residential or commercial building or structure that is damaged or destroyed by casualty, including a natural disaster or other act of God, may repair, rebuild, or replace without the need to obtain a variance, provided such restoration eliminates or reduces the nonconforming features to the maximum extent possible and such restoration is completed within two years of the date of the casualty. For the purposes of this section, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God. Nothing herein shall be construed to enable the property owner to commit an arson under Code of Virginia, Sections or , and obtain vested rights under this section. 2. If such building or structure is damaged greater than 50 percent and cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. 3. The owner shall apply for a building permit and any work done to repair, rebuild or replace such building or structure shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code and the City s floodplain regulations adopted as a condition of participation in the National Flood Insurance Program. 4. For the purposes of this Section, the terms casualty and act of God shall each mean and refer to any natural disaster or phenomena including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightning or wildfire. B. Disaster Declaration If the area is under a federal disaster declaration and the building has been damaged or destroyed as a direct result of the conditions that gave rise to the declaration, then an additional two years is permitted to complete the restoration. For the purposes of this Article, act of God, shall include any natural disaster or phenomena, including a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake or fire caused by lightening or wildfire. For the purposes of this Article, owners of property damaged by an accidental fire have the same rights to rebuild such property as if it were damaged by an act of God Other Rights A. If (i) the owner of the building or structure has obtained a building permit, the building or structure was thereafter constructed in accordance with the building permit, and upon completion of construction, the owner of the building or structure obtained a certificate of occupancy of a use permit therefore, or (ii) the owner of the building or structure has paid taxes to the locality for such building or structure for a period in excess of 15 years, the building or structure is nonconforming, but such building or structure is not illegal and shall not be removed solely due to such nonconformity. Such building or structure shall be brought into compliance with the Virginia Uniform Statewide Building Code. B. If an owner has obtained a permit, other than a building permit, that authorized construction of an improvement to real property and the improvement was thereafter constructed in accordance with such permit, the improvements are nonconforming, but not illegal. 6-4

268 Section Nonconforming Signs Sub-section Floodplain Overlay District C. An owner of real property shall be permitted to replace an existing on-site sewage system for any existing building in the same general location on the property even if a new on-site sewage system would not otherwise be permitted in that location, unless access to a public sanitary sewer is available to the property. If access to a sanitary sewer system is available, then the connection to such system shall be required. Any new on-site system shall be installed in compliance with applicable regulations of the Department of Health in effect at the time of the installation. D. Nothing in this Section shall be construed to prevent the land owner or home owner from removing a valid nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home. The owner of a valid nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home Floodplain Overlay District For non-conforming structures in the Floodplain Overlay District, see Section K NONCONFORMING SIGNS Generally Signs lawfully existing as of October 8, 2013, which do not conform to the provisions of this section, and signs which are accessory to a nonconforming use, shall be deemed to be nonconforming signs Ability to Continue Nonconforming signs may be changed, altered, repaired, restored, replaced, relocated or expanded only as provided in this article. Nonconforming signs shall be subject to the regulations and restrictions as set forth in Section 72-59, except that: A. If the sign is repaired or refurbished at a cost in excess of 35 percent of the replacement cost of the total sign structure the sign must be brought into compliance with this section s requirements. Costs associated with normal maintenance and re-facing of outdoor advertising signs shall not be deemed to be repair or refurbishing costs. B. Nonconforming signs and their structures that are damaged to an extent where the estimated reconstruction cost is 50 percent or more of their appraised value shall not be rebuilt or repaired, unless brought into compliance with this section. C. Refacing of any sign that exceeds the size or height requirements specified within this Ordinance, by 100 percent or more, is prohibited, and any such refaced sign shall be unlawful. Otherwise, signs may be refaced if the refacing does not increase the extent of the nonconformity. D. Nothing in this section shall be construed to prevent the City, after making a reasonable attempt to notify the owner, from ordering the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the use or business for which the sign was 6-5

269 Section Nonconforming Lots Sub-section Moving Nonconforming Signs erected has not been in operation for a period of at least two years. Following the expiration of the two-year period, an abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located, if notified by the locality to do so. If, following such two-year period, the locality has made a reasonable attempt to notify the property owner, the locality through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property, and the owner shall reimburse the City for such cost. Nothing herein shall prevent the City from applying to a court for an order requiring the removal of an abandoned nonconforming sign by the owner, by means of injunction or other appropriate remedy Moving Nonconforming Signs No nonconforming sign shall be moved on the same lot, and no nonconforming sign shall be moved to any other lot which is not properly zoned to permit such sign or on which such sign would be or remain noncompliant with the zoning regulations prescribed for the district in which such lot is located NONCONFORMING LOTS Use of Undeveloped Nonconforming Lots A lawful, nonconforming lot may be used, provided that: A. The proposed use is a permitted use under this Ordinance. B. Requirements for minimum yard setbacks and maximum height are met. C. Wherever possible, the consolidation of adjacent nonconforming lots is encouraged to meet the minimum lot size requirements. D. If minimum yard setbacks and maximum height requirements cannot be met, variances may be available in accordance with this Ordinance NONCONFORMING SITE CONDITIONS Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures As part of any change in a nonconforming use, and as part of any alteration, addition or expansion of a nonconforming building or structure, a property owner shall be required to bring the following site conditions into conformity with the requirements of this Ordinance: off-street parking, landscaping, perimeter buffer, screening, stormwater management, and signage. A. Off-Street Parking, Landscaping, Perimeter Buffers, Signage and Screening 1. Expansion of 50 Percent or Less of Gross Square Footage Over Five Years Expansions in any continuous five-year period, which result in a 50 percent or less increase in the gross square footage of the existing structure (measured at the beginning of the five-year period), require that a corresponding percentage of the off-street parking, landscaping, perimeter buffer, screening, 6-6

270 Section Nonconforming Site Conditions Sub-section Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures and stormwater management standards of this Ordinance be installed or upgraded on the site, until the site achieves 100 percent compliance. (For example, if the addition is 25 percent of the area of the existing structure and the site contains only 50 percent of the required landscaping, 25 percent of the required landscaping for the entire site must be provided, thereby bringing the landscaping on the site to 75 percent of the total required.) Existing landscaping on the site shall be retained or replaced but shall not count toward the required percentage of new landscaping. 2. Expansion of Greater Than 50 Percent of Gross Square Footage Over Five Years Expansions over any continuous five-year period, which result in a greater than 50 percent increase of the gross square footage of the existing structure (measured at the beginning of the five-year period), require the entire property to meet all of the off-street parking, landscaping, perimeter buffer, screening, and signage standards of this Ordinance. B. Physically Constrained Properties- Comply to Maximum Extent Practicable Lands that are physically constrained (due to limited size, topography, or other environmental considerations) from complying with these provisions shall comply, to the maximum extent practicable, as determined by the Zoning Administrator. C. Addition of Outdoor Storage Area Only When only outdoor operations/storage/display areas are being added or increased on a site, the percentage increase in outdoor operations area shall require a corresponding percentage increase in perimeter buffers and screening. Perimeter buffer and screening augmentation shall be located so as to achieve the performance objectives in Section 72-55, Landscaping, with priority given to screening the impacts of outdoor operations. 6-7

271

272 Article 72-7: Enforcement

273

274 ARTICLE 72-7: ENFORCEMENT General Provisions Inspection Warrant Notice of Zoning Violation Criminal Penalties Civil Penalties For Certain Zoning Infractions Civil Remedy or Relief

275

276 Article 72-7: Enforcement GENERAL PROVISIONS A. No land, building, or structure shall be erected, converted, enlarged, altered, used or occupied, and no building or structure shall hereafter be located, erected, constructed, reconstructed, altered, repaired or moved except in conformity with the zoning regulations specified within this Ordinance. B. No land shall be subdivided, and no lot shall be created or altered, except in conformity within the requirements of this Ordinance. C. The following conduct is hereby declared to be unlawful and subject to the enforcement provisions of this article: 1. Violation of any provision of this Ordinance or of any regulation adopted pursuant to authority conferred by it. 2. Construction or erection of any building or structure, or of any improvements to land, contrary to any of the provisions of this Ordinance, and any use of a building, structure or land that is conducted, operated or maintained contrary to any of the provisions of this Ordinance or contrary to any detailed statement, plan, permit, certificate, variance or approval issued under the provisions of this Ordinance. 3. Failure to maintain improvements, required under the terms of an approval granted under this Ordinance, in a condition that ensures protection of the public safety and general welfare. 4. Failure to maintain or repair a contributing structure or protected property with the Historic Fredericksburg District. 5. Procurement of any amendment, modification, or any required permit, certificate or approval though misrepresentation of any material fact. 6. Initiating any land disturbing activity, or any activity for which a zoning permit, building permit or demolition permit is required, without obtaining all necessary approvals and permits. 7. Failure to comply with the provisions of Section A of this Ordinance. D. Upon becoming aware of any violation of any provision of this Ordinance, the enforcement agent may proceed to remedy the violation as provided in this Article. For the purpose of this Article, the term enforcement agent shall include and refer to the Zoning Administrator or the Development Administrator, and their duly authorized deputies, as may be applicable. 7-1

277 Section Inspection Warrant Sub-section Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures INSPECTION WARRANT The Zoning Administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and if such sworn testimony establishes probable cause that an ordinance violation has occurred, request that the magistrate or court grant the Zoning Administrator or his agent an inspection warrant to enable the Zoning Administrator or his agent to enter the subject land, building or structure, including, without limitation, a dwelling for the purpose of determining whether violations of this Ordinance exist. The Zoning Administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject land, building or structure, including, without limitation, a dwelling prior to seeking the issuance of an inspection warrant under this section NOTICE OF ZONING VIOLATION A. Upon becoming aware of any violation of the zoning provisions of this Ordinance, the Zoning Administrator may deliver written notice of such violation to the person committing or permitting the violation. Notice mailed by registered or certified mail to, or posted at, the last known address of the property owner as shown on the current real estate tax assessment records shall be deemed sufficient notice to the property owner. B. The Zoning Administrator shall, in a written notice of violation, state the nature of the violation, the date that it was observed, and the remedy or remedies necessary to correct the violation. The Zoning Administrator may establish a reasonable time period for the correction of the violation. C. Every written notice of violation or written order of the Zoning Administrator shall include a statement informing the recipient that he or she may have a right to appeal the notice of zoning violation or written order within 30 days in accordance with this section, and that the decision shall be final and unappealable if not appealed within 30 days. However, for a notice of violation involving temporary or seasonal commercial uses, parking of commercial trucks in residential zoning districts, maximum occupancy limitations of a residential dwelling unit, or similar short-term, recurring violations, the appeal deadline shall be 10 days and the notice shall so state. D. The zoning violation or written order shall include the applicable appeal fee and a reference to where additional information may be obtained regarding the filing of an appeal. The appeal period shall not commence until the statement is given. E. If the violation is subject to the schedule of civil penalties in this Ordinance, then no such civil penalty shall accrue or be assessed during the 30-day appeal period. F. The issuance of a violation notice and/or correction order shall suspend the effect of any approval, permit, plan, variance or certificate previously issued that relates to the property or premises subject to the order until such time as the violation notice and/or correction order is withdrawn by the Zoning Administrator or is stayed by an appeal to the Board of Zoning Appeals (BZA). The Zoning Administrator may, if so specified in the violation notice and/or correction order, revoke any permit or certificate previously issued by him. G. An appeal from the Zoning Administrator s written notice of violation or written order shall be taken within 30 days after the decision or interpretation being appealed, shall be in writing, shall state the grounds thereof, and shall be accompanied by the applicable fee. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies 7-2

278 Section Criminal Penalties Sub-section Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures to the BZA that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the BZA or by a court of record, on application and notice to the Zoning Administrator and for good cause shown. H. Appeals shall be heard by the BZA in accordance with the procedures set forth in Article 72-2 of this Ordinance for all other appeals of administrative actions of the Zoning Administrator. Appeals to the BZA shall be governed by Code of Virginia Sections , , , and as may be applicable CRIMINAL PENALTIES In the event that the enforcing agent determines that there has been any violation of this Ordinance, the enforcing agent may seek criminal process against the alleged violator. The issuance if a violation notice and/or corrections order shall not be deemed a precondition to the issuance of a warrant or summons pursuant to this section. A. Subdivision Violations: 1. Any person who commits a violation of Section A of this Ordinance shall be guilty of a criminal misdemeanor, and subject to a fine of not more than $500 for each lot or parcel of land unlawfully subdivided, transferred or sold and shall be required to comply with all applicable provisions of Article 72-2, Article 72-5 and all other applicable provisions of this Ordinance. The description of the lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or remedies herein provided. 2. Any person who commits a violation of any of the subdivision regulations or requirements set forth within this Ordinance, except as provided in paragraph A.1, preceding above, shall be guilty of a class 3 misdemeanor and subject to the applicable fine specified within Chapter 1 of the City Code. B. Zoning Violations: 1. Any person who commits a violation of the zoning regulations or requirements set forth within this Ordinance, except a violation subject to civil penalties below, shall be guilty of a misdemeanor, punishable by a fine of not less than $10.00 nor more than $1, If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this Ordinance, within a time period established by the court, not to exceed 30 days. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not less than $10 nor more than $1,

279 Section Civil Penalties For Certain Zoning Infractions Sub-section Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures 3. Any conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall be punishable by a fine of up to $2,000. Failure to abate the violation within the specified time period shall be punishable by a fine of up to $5,000, and any such failure during any succeeding 10-day period shall constitute a separate misdemeanor offense for each 10-day period punishable by a fine of up to $7,500. No such fine shall accrue against an owner or managing agent of a single-family residential dwelling unit during the pendency of any legal action commenced by such owner or managing agent of such dwelling unit against a tenant to eliminate an overcrowding condition in accordance with Chapter 13 or Chapter 13.2 of Title 55, Code of Virginia, as applicable. A conviction resulting from a violation of provisions regulating the number of unrelated persons in single-family residential dwellings shall not be punishable by a jail term CIVIL PENALTIES FOR CERTAIN ZONING INFRACTIONS A. Upon becoming aware of any violation of the zoning provisions of this Ordinance, the Zoning Administrator may proceed to issue a civil summons as provided below for a scheduled violation, as set forth within subparagraph F, below. The issuance of a violation notice or correction order shall not be deemed a precondition to civil action pursuant to this section. B. The Zoning Administrator may issue a civil summons as provided by law for a scheduled violation. Any person summoned or issued a ticket for a scheduled violation may make an appearance in person or in writing by mail to the City Treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged after first agreeing in writing to abate or remedy the violation within a specified timeframe. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. C. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law. In any trial for a scheduled violation authorized by this section, it shall be the burden of the city to show the liability of the violator by a preponderance of the evidence. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. D. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with this Ordinance. E. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose. F. Any violation of the following zoning provisions of this Ordinance shall be deemed a civil infraction, punishable by a civil penalty of two hundred dollars ($200) for the first violation, and a civil penalty of three hundred dollars ($300) for each subsequent violation arising from the same set of operative facts, provided 7-4

280 Section Civil Remedy or Relief Sub-section Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures however, that a series of violations arising from the same set of operative facts shall not result in civil penalties which exceed a total of $5,000: 1. Painting, constructing, erecting, remodeling, relocating or expanding a sign without a permit. 2. Erecting any prohibited sign on private property in violation of Section 72-59, Signage. 3. Failure to obtain zoning approval in violation of Article 72-2: Administration. 4. Failure to obtain zoning approval and/or a business license for a home occupation in violation of Section 72-42, Accessory Uses. 5. Any minimum yard violation as prescribed in the district standards for each zoning district. G. The designation of a particular violation of this Ordinance as an infraction pursuant to paragraph F, above, shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor; provided, however, that when such civil penalties, arising from the same set of operative facts, total $5, or more the violation may be prosecuted as a criminal misdemeanor CIVIL REMEDY OR RELIEF A. Any Violation or attempted violation of this Ordinance, or any regulation adopted hereunder, may be retrained, corrected, or abated as the case may be, by injunction or other appropriate proceeding. B. At any time after the filing of an injunction or other appropriate proceeding to restrain, correct, or abate a zoning violation, and where the owner of the subject property is a party to such proceeding, the Zoning Administrator or City Council may record a memorandum of lis pendens pursuant to Code of Virginia, Section Any memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days. If the local government has initiated an enforcement proceeding against the owner of the real property and such owner subsequently transfers the ownership of the real property to an entity in which the owner holds an ownership interest greater than 50 percent, the pending enforcement proceeding shall continue to be enforced against the owner REMEDIES CUMULATIVE The remedies provided by this Article shall be cumulative. 7-5

281 Section Remedies Cumulative Sub-section Additional Requirements for Changes to Nonconforming Uses, Buildings and Structures 7-6

282 Article 72-8: Definitions & Interpretation

283

284 ARTICLE 72-8: DEFINITIONS & INTERPRETATION General Rules for Interpretation Meanings and Intent Headings, Illustrations, and Text Lists and Examples Computation of Time References to Other Regulations/Publications Delegation of Authority Public Officials and Agencies Terms Technical and Non-Technical Terms Mandatory and Discretionary Terms Conjunctions Tenses and Plurals Term not Defined Rules of Measurement Purpose Measurements, Generally Lots Required Yards Bulk Height Parking Space Computation Sign Measurements Use Classifications, Categories, and Use Types General Residential Use Classification Institutional Use Classification Commercial Use Classification Industrial Use Classification Definitions

285

286 Article 72-8: Definitions and Interpretations GENERAL RULES FOR INTERPRETATION The following rules shall apply for construing or interpreting the terms and provisions of this Ordinance Meanings and Intent All provisions, terms, phrases, and expressions contained in this Ordinance shall be interpreted in accordance with the general purposes set forth in Section 72-12, General Purpose and Intent, and the specific purpose statements set forth throughout this Ordinance. When a specific section of these regulations gives a different meaning than the general definition provided in this Article 72-8: Definitions and Interpretations, the specific section s meaning and application of the term shall control Headings, Illustrations, and Text In the event of a conflict or inconsistency between the text of this Ordinance and any heading, caption, figure, illustration, table, or map, the text shall control Lists and Examples Unless otherwise specifically indicated, lists of items or examples that use terms like for example, including, and such as, or similar language are intended to provide examples and are not exhaustive lists of all possibilities Computation of Time When this Ordinance requires that an act be performed in a prescribed amount of time before a specified event, the day of such event shall not be counted against the time allowed, but the day on which the act is performed may be counted as part of the time. When this Ordinance requires an act to be performed within a prescribed amount of time after a specified event, the day on which the event occurred shall not be counted against the time allowed. If a deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the City, the deadline or required date of action shall be the next day that is not a Saturday, Sunday, or holiday observed by the City. References to days are calendar days unless otherwise stated. 8-1

287 Section Terms Sub-section References to Other Regulations/Publications References to Other Regulations/Publications Whenever reference is made to a resolution, ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such resolution, ordinance, statute, regulation or document, unless otherwise specifically stated Delegation of Authority Any act authorized by this Ordinance to be carried out by a specific official of the City may be carried out by a duly designated deputy working for such official Public Officials and Agencies All public officials, bodies, and agencies to which references are made are those of the City of Fredericksburg, Virginia, unless otherwise indicated TERMS Technical and Non-Technical Terms Except as specifically defined in Section 72-84, words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning Mandatory and Discretionary Terms The words shall, must, and will are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words may and should are permissive in nature Conjunctions Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows: A. And indicates that all connected items, conditions, provisions or events apply; and B. Or indicates that one or more of the connected items, conditions, provisions or events apply Tenses and Plurals Words used in the present tense include the future tense. Words in the future tense include the past tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa. 8-2

288 Section Rules of Measurement Sub-section Term not Defined Term not Defined If a term used in this Ordinance is not defined in this article, the Zoning Administrator, or Development Administrator if the term concerns subdivisions, shall have the authority to apply a definition through the Interpretation procedure based upon the definitions used in accepted sources and dictionaries, including but not limited to A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, the Latest Edition of the Illustrated Book of Development Definitions, and A Survey of Zoning Definitions, published by the American Planning Association RULES OF MEASUREMENT Purpose The purpose of this section is to clarify the rules of measurement and exemptions that apply to all principal and accessory uses allowed in this Ordinance. These standards may be modified by other applicable sections of this Ordinance Measurements, Generally Lots A. Distance Measurements, Generally Unless otherwise expressly stated, distances specified in this Ordinance are to be measured as the length of an imaginary straight line joining those points. B. Fractions If a calculation results in a figure with a fraction equal to 0.5 or greater, then the figure shall be rounded up to the nearest whole number. If the fraction is less than 0.5, the figure shall be rounded down to the nearest whole number. C. Irregular Shapes The Zoning Administrator shall determine the applicable dimensional standards and setbacks for irregularly-shaped lots. A. Definitions/Measurement 1. Lot Area, Minimum The minimum amount of land area required for a lot shall be measured on a horizontal plan in units of square feet or acres, as specified within the zoning regulations for the district in which the lot is situated. Land encumbered by easements and Resource Protection and Management Areas shall be considered according to Section

289 Section Rules of Measurement Sub-section Lots FIGURE A.1, LOT AREA MEASUREMENT 2. Lot Width, Minimum The distance between side lot lines shall be measured in one of the following manners, whichever is applicable: a. In the case of a rectangular lot, the width shall be measured along the front lot line. b. In the case of an irregularly shaped lot or a curvilinear front lot line, the width shall be measured between the lot's narrowest dimensions at that location on the lot where the center of the building is proposed or is located. c. In the case of a pipestem lot, the width shall be measured between the lot's narrowest dimensions at that location on the lot where the center of the building is proposed or is located. 3. Lot Line a. Front Lot Line A front lot line is the street line that forms the boundary of a lot, or, in a case where a lot either does not abut a street other than by its driveway or is a through lot, that lot line which faces the primary entrance of the principle building. 8-4

290 Section Rules of Measurement Sub-section Lots b. Rear Lot Line A rear lot line is the property line that is most distant from, and is most nearly parallel with, a front lot line. If a rear lot line is less than ten feet in length, or if the lot comes to a point at the rear, the rear lot line shall be deemed to be a ten-foot line parallel to the front lot line, lying wholly within the lot, for the purpose of establishing the required minimum rear yard. c. Side Lot Line The side lot line is the lot line connecting the front and rear lot lines. d. Curved Lot Line Where a lot line is curved, all dimensions related to the lot line shall be based on the chord of the arc. FIGURE A.3, LOT LINE MEASUREMENT A - B - C B B A B B A A 4. Lot Types a. Cluster Subdivision Lot A cluster subdivision lot is a building lot located within a cluster subdivision. 8-5

291 Section Rules of Measurement Sub-section Lots b. Corner Lot A corner lot is located at the intersection of two or more streets (other than alleys), regardless of whether or not such streets intersect at right angles. c. Cul-de-Sac Lot A cul-de-sac lot is located on the head or turnaround of a cul-de-sac with side lot lines on a tangent to the arc of the right-of-way. d. Double Frontage Lot A double frontage lot is a lot other than a corner lot with frontage on more than one street other than an alley. e. Interior Lot An interior lot is a lot other than a corner lot with only one frontage on a street other than an alley. f. Pipestem Lot FIGURE A.4, LOT TYPES A pipestem lot is a lot which does not abut a public street other than by a driveway affording access to the lot. g. Reverse Frontage Lot A reverse frontage lot is a corner lot, intentionally designed so that the front lot line faces a local street rather than facing a parallel major thoroughfare. 8-6

292 Section Rules of Measurement Sub-section Required Yards B. General Lot Requirements 1. Pipestem Lots Required Yards a. Pipestem residential lots shall have the width of the driveway not less than 12 feet, and the length of the driveway not greater than 200 feet from the street right-of-way line to which the lot has access. b. Pipestem lots shall constitute no more than ten percent of the lots in any one section of a residential subdivision and shall serve only singlefamily detached dwellings. c. A pipestem driveway shall serve no more than three lots and shall be constructed in accord with the City design and construction standards. d. The final plat for each pipestem lot shall note that the purchaser assumes all obligations for the ownership, maintenance and perpetual upkeep of the driveway and that such obligation is a condition that runs with the land. A. Definitions/Measurement 1. Setback The term setback refers to the distance by which any portion of a building or structure shall be separated from a lot line. 2. Front Yard The front yard is an area of a lot adjacent to its front lot line, measured by the length of the front lot line, extending from one side lot line to the other side lot line, and the width of the required front setback. 3. Rear Yard The rear yard is an area of a lot adjacent to its rear lot line, measured by the length of the rear lot line, extending from one side lot line to the other side lot line, and the width of the required rear setback. 4. Side Yard The side yard is an area of a lot adjacent to its side lot line, measured by the length of the side lot line, extending from the edge of the front setback line to the edge of the rear setback line, and the width of the required side setback. 8-7

293 Section Rules of Measurement Sub-section Required Yards FIGURE A, YARD TYPES B. General Setback Requirements 1. Separation When the standards in this Ordinance call for a separation between two different use types or development features, separation shall be measured from the closest edge of one lot to the closest edge of the other lot. 2. Averaging Setbacks Development and redevelopment on lots of record established prior to April 25, 1984 in the R-4, R-8 and C-T Districts may use average front or average side yard setbacks as are found on adjacent lots on the same block face. Figure B, Average Setback Measurement 8-8

294 Section Rules of Measurement Sub-section Required Yards 3. Corner Lots On a corner lot or double frontage lot, the yards adjacent to the front lot line shall be considered front yards and the remaining yards shall be considered side yards. 4. Setbacks Following Government Acquisition of Land Where land acquisition for a public purpose reduces the distance between an existing legally-established structure and an adjacent lot line to an amount less than the minimum required, the resulting distance shall be deemed the minimum setback for the lot. 5. Sight Triangles Regardless of the setbacks applied in a district, no structures shall be permitted within a required sight triangle. 6. Uncovered Terraces Required yard setbacks shall not apply to uncovered terraces, uncovered patios and unroofed porches not more than 30 inches above existing grade in residential zoning districts or 15 inches in non-residential and mixed-use zoning districts. C. Encroachments in Required Yard Setbacks 1. Project to Lot Line a. The following structures and features are permitted to project into a required yard setback, up to the property line unless otherwise stated, in all zoning districts: i ii iii iv Landscaping; Curbs and sidewalks; Fences, in accordance with Section 72-56, Fences and Walls; and Mailboxes. b. Ramps and similar structures are considered encroachments and may extend into a required front, side or rear yard. 2. Project to Distance Specified The following structures and features are permitted to project into a required yard setback, in all zoning districts, to the distances stated: a. Heating, Ventilation and Air-Conditioning Equipment and Emergency Electricity Generation Equipment Air-conditioning/heating equipment and emergency electricity generation equipment, provided that multiple units run parallel to the principal structure, may project into a required side or rear yard setback, but not nearer to any lot line than three feet. b. Bay or Display Windows Bay or display windows may project into a required side, rear or front yard setback not more than three feet, but not nearer to any lot line than a distance of three feet. 8-9

295 Section Rules of Measurement Sub-section Required Yards c. Chimneys Chimneys may project into a required side, rear, or front yard setback not more than two feet, but not nearer to any lot line than a distance of three feet. d. Driveways Driveways may encroach to within one foot of a side or rear property line provided that no parking area shall create a visual obstruction or hindrance to traffic on any abutting street. e. Covered and Uncovered Porches and Stoops Covered and uncovered porches and stoops, including stairs, may project into a required side, rear or front yard setback not more than five feet, but not nearer to any lot line than a distance of three feet, except that front porches to be constructed in the R-4, R-8, and C-T Districts may use an average front setback as is found on the adjacent lots on the same block face. f. Basement Entrances, Fire Escapes, and Uncovered Stairs Outside basement entrances, fire escapes, uncovered stairs and landings may project into a required side, rear or front yard setback not more than five feet, but not nearer to any lot line than a distance of three feet. g. Awnings, Cornices, Canopies, Eaves, and Balconies Awnings, cornices, canopies, eaves, balconies or other similar features may project into a required side, rear or front yard setback, but not more than four feet from the existing building face, nor closer than two feet to any lot line. This provision shall not apply to permanent canopies over gasoline pump islands. h. Carports Carports, with at least two sides open, may project into a required side or rear yard setback not more than five feet, but not closer than three feet to any lot line. i. Uncovered Deck An uncovered deck, including associated steps and appurtenant features, attached to a single-family dwelling may extend into the yards as follows: i ii iii iv Front yard, no extension; Side yard, no extension; Rear yard, 12 feet, but not closer than one-half the distance measured from the rear lot line to the closest point of the dwelling; and No deck shall have a floor higher than 12 feet above grade. j. Roofed Deck Any roofed deck, including associated steps and appurtenant features, attached to a single-family dwelling may extend into yards as follows: i ii Front yard, no extension; Side yard, no extension; 8-10

296 Section Rules of Measurement Sub-section Bulk iii iv Rear yard, five feet, but not closer than one-half the distance measured from the rear lot line to the closest point of the dwelling; and No deck shall have a floor higher than 12 feet above grade. Figure C, Allowable Yard Encroachments Bulk A. Definitions/Measurement 1. Building Size Building size is the total floor area located inside exterior walls and covered by a roof. 2. Density, Maximum a. Maximum density for residential development is expressed in number of dwellings or units per acre and shall be calculated based on the gross area of the site; provided, however, that total maximum density shall be limited by sensitive physiographic and environmental characteristics upon the land. b. Maximum density for non-residential development is expressed by floor area ratio which is determined by dividing the gross floor area of non-residential buildings on a lot by the gross area of that lot. The floor 8-11

297 Section Rules of Measurement Sub-section Bulk area of parking within structures shall not be included in this calculation and not used in determining density. As shown in Figure , Measuring Floor Area. Figure , Measuring Floor Area 3. Floor Area, Gross Gross floor area is the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above. The term gross floor area shall include basements; elevator shafts and stairwells at each story; interior balconies; and mezzanines. 4. Floor Area, Net Net floor area is the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls and from the centerline of walls separating two or more buildings. The term net floor area shall include outdoor display areas for the sale, rental and display of recreational vehicles, boats and boating equipment, trailers, horticultural items, farm or garden equipment and other similar products, but shall exclude areas designed for permanent uses such as toilets, utility closets, enclosed and open malls, truck tunnels, enclosed parking areas, meters, rooftop mechanical structures, mechanical and equipment rooms, public and fire corridors, stairwells, elevators and escalators. 8-12

298 Section Rules of Measurement Sub-section Height Height A. Definitions/Measurement 1. Building Height a. Building height is the vertical distance measured from the average established grade of the primary building façade (the façade that is adjacent or fronts on the street (s) that forms the front lot line(s)) to the highest point of the roof surface of a flat roof, to the deck line of a mansard roof, to the mean height level between eaves and ridge of gable, hip, cone, gambrel, and shed roofs. b. Building heights for buildings on lots located within the FPO (Floodplain Overlay District) district shall be determined as specified in Section A.1.a, except height shall be measured from the existing grade rather than established grade. 2. Building Story A building story is that part of any building between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building between the level of the highest finished floor and the top of the roof beams. a. A story shall be considered a ground floor if it has a finished floor level within six feet of the average established grade of the front building façade. b. The term shall include a basement only if the ceiling thereof is more than six feet above the level from which the height of the building is measured and if it is used for business purposes other than storage or for dwelling purposes. (Ord. No , ) Figure A.1, Height Measurement 8-13

299 Section Rules of Measurement Sub-section Parking Space Computation 3. Established Grade Established grade is the finished grade following grading, excavation, or other land-disturbing activity. 4. Grade Grade means the level of the ground elevation prior to the commencement of development or land-disturbing activity. Figure A.3-4, Grade Measurement B. Exceptions 1. Height limits may be exceeded, up to 25 percent of limit, by bulk storage silos, grain elevators, barns, chimneys, domes, elevator shafts, penthouses, flag poles on buildings, water towers, rooftop dish antennas, solar equipment, skylights, fire escapes or roof access stairways, mechanical equipment required to operate and maintain the building, or similar appurtenances. 2. Spires for religious institutions, bell towers, belfries, and cupolas may exceed by three times the height of the building on which such appurtenance are constructed, up to a maximum height of 199 feet above grade. 3. Limitations a. The appurtenance does not interfere with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace; b. The appurtenance is not constructed for the purpose of providing additional floor area in the building; and c. The appurtenance complies with the screening requirements for mechanical equipment and appurtenances in this Ordinance Parking Space Computation A. Fractions When computation of the number of required parking spaces results in a fraction, the fraction shall be rounded up to the next whole number. 8-14

300 Section Rules of Measurement Sub-section Sign Measurements B. Multiple and Mixed Uses Unless otherwise approved, development containing more than one use shall provide off-street parking in an amount equal to the total requirements of all individual uses, unless the Zoning Administrator determines that a lower standard proposed as part of an alternative parking plan would be adequate because of differences in peak operating hours or other relevant aspects. C. Seat Based Standards Where the minimum number of off-street parking spaces is based on the number of seats, all computations shall be based on the design capacity of the areas used for seating. The applicant shall specify the anticipated maximum number of seats or maximum seating capacity for the proposed use and shall include calculations based on standards set forth in the Virginia Uniform Statewide Building Code, as may be applicable. D. Floor-Area Based Standards Where the minimum number of off-street parking spaces is based on gross square feet of floor area. The square footage shall not include outdoor display or use area. E. On-Street Parking Except in planned developments, the C-D District, or as allowed in Section , Alternative Parking Plan, on-street parking on public or private streets, driveways, or drives shall not be used to satisfy the off-street parking standards of this section. F. Driveways Used to Satisfy Requirements For single-family detached and duplex dwellings, driveways may be used to satisfy minimum off-street parking standards, provided sufficient space is available to satisfy the standards of this section and this Ordinance Sign Measurements A. Projecting sign area shall be calculated as the area of a rectangle which encompasses the extreme limits of each individual sign face, including all background visible from any direction at one time. B. Individually mounted or painted letters applied directly to the building face, which are not further emphasized by an architectural or painted element of the building, shall be calculated as the sum of the area within a series of rectangles which encompasses each individual letter. C. All other building mounted sign area shall be measured as the area within a single rectangle that encompasses the extreme limits of all copy and background, framing, ornamentation or sign boxes. The area of letters and symbols not attached to each other and not provided on sign boxes or awnings may be separately calculated by enclosing each of the letters within separate rectangles. D. Sign area shall be calculated as including the maximum number of faces viewable from any single ground position as follows: 1. Double-face sign, one face counted. 2. V-sign with 45 degrees or greater angle, two faces counted. 3. Triangular sign, two faces counted. 8-15

301 Section Rules of Measurement Sub-section Sign Measurements 4. Cube sign, two faces counted. 5. Cylindrical sign, one-half of the surface area counted. E. Freestanding sign area is calculated in square feet. The area of a freestanding sign shall be calculated by means of calculating the area of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the copy. F. Freestanding sign height is measured in feet from grade level to the uppermost portion of the structure including architectural features or decorative elements. 1. If the sign location lies below the road elevation nearest to it, the sign height shall be measured from the road grade of the nearest travel lane to the sign to the top of the area of copy. 2. If the sign location lies above the road elevation nearest to it, the sign height shall be measured from the natural grade level of the site to the top of the area of copy. G. Artificially increasing the height of the sign by means of berming or mounding earth or other material at the sign base shall not be permitted. FIGURE , SIGN FACE AREA COMPUTATION 8-16

302 Section Use Classifications, Categories, and Use Types Sub-section General USE CLASSIFICATIONS, CATEGORIES, AND USE TYPES General A. Purpose This section is intended to provide a systematic framework for identifying, describing, categorizing, and consolidating or distinguishing land uses in a way that makes it easier to determine how a particular land use activity, or combination of activities, is to be considered in applying the use table and other provisions in this Ordinance. B. Structure of this Section 1. General This section identifies each of the four use classifications in Table , Use Table, and includes a section under each use classification identifying each use category. There are characteristics and examples subsections under each use category. 2. Principal Use Characteristics and Accessory Uses The characteristics subsection describes common characteristics of each use category. Principal uses are assigned to the use category that most closely describes the nature of the principal use. Also listed are examples of common accessory uses that, unless otherwise stated in this Ordinance, are allowed in conjunction with a principal use. 3. Examples The examples subsection lists common examples of use types included in the respective use category. The names of these sample uses are generic. They are based on common meanings and not on what a specific use may call itself. For example, a use that calls itself wholesale sales, but sells mostly to consumers, is included in the Retail Sales and Service Use Category rather than the Wholesale Sales Use Category. This is because the activity on the site matches the characteristics of the Retail Sales and Service Use Category. C. Developments with Multiple Principal Uses When all principal uses of a development fall within one use category, the entire development is assigned to that use category. A development that contains a coffee shop, bookstore, and bakery, for example, would be classified in the Retail Sales and Service Use Category because all of the development s principal uses are in that use category. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to applicable regulations for that use category. Developments with multiple principal uses, such as mixed-use developments, shall incorporate only those use types allowed in the applicable zoning district. 8-17

303 Section Use Classifications, Categories, and Use Types Sub-section Residential Use Classification Residential Use Classification A. Household Living 1. Characteristics The Household Living Use Category includes use types that provide for the residential occupancy of a dwelling unit by a household. Tenancy is arranged on a month-to-month or longer basis. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, and parking of the occupants vehicles. Home occupations are accessory uses that are subject to additional regulations (see Section D, Home Occupations). 2. Examples Example use types include detached residential dwellings like single-family detached dwellings, single-family attached structures, duplexes, multi-family uses, and residential uses in the same building as nonresidential uses like live/work units or upper story dwellings. Figure , Residential Building Forms 8-18