A.
This chapter 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 chapter.
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.
C.
Unless otherwise provided for in this chapter, the following
structures and uses, when located in the public rights-of-way, shall
be exempt from the regulations of this chapter: streetlights; traffic
signalization equipment and traffic signs; fire hydrants; utility
poles, antennas, small cell facilities, wireless support structures,
wires, cables, conduits, vaults, for the distribution to customers
of communications, cable television, or electricity; the installation,
placement, maintenance, or replacement of micro-wireless facilities
that are suspended on cables or lines that are strung between existing
utility poles in compliance with national safety codes; laterals,
pipes, mains, valves or any other similar structures or equipment
for the distribution to customers of water, sanitary sewer, or stormwater
services. Such structures and uses may be subject to other chapters
of the City Code, and certain of these structures may further be subject
to review under Code of Virginia, § 15.2-2232, regarding
their conformity with the Comprehensive Plan.
[Added 5-23-2017 by Ord.
No. 17-12; amended 10-24-2017 by Ord. No. 17-27]
D.
The following structures shall be exempt from the minimum yard
requirements set forth in this chapter: telephone booths and pedestals,
underground utility equipment, mailboxes, bus shelters, streetlights,
public bus shelters or any similar structures or devices which are
determined by the zoning administrator to similarly support normal
public commerce, provided that the location of such structures does
not present a safety risk, does not interfere with the normal flow
of pedestrian and motor vehicle traffic and does not obscure the visibility
of buildings, signs and other lawfully erected structures which are
subject to the yard requirements of this chapter.
[Added 5-23-2017 by Ord.
No. 17-12; amended 10-24-2017 by Ord. No. 17-27]
Except as stated herein, the provisions of this chapter shall
not apply to:
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 chapter 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 chapter. 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 chapter, shall be null and void.
A certified copy of this chapter, 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.
