City of Fredericksburg, VA SECTION 72-16 Transitional Provisions

72-16.1 Effective date.

This chapter 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.

72-16.2 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 chapter, shall be unlawful and the non-compliance shall be deemed a continuing violation under this chapter.

72-16.3 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 chapter, 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 chapter.

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 chapter by submitting a formal request, in writing, to the Zoning Administrator and ensuring the application complies with the standards in § 72-21, Standard application procedures.

72-16.4 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 chapter, then that use, building, structure, lot, sign or site feature shall be considered nonconforming under this chapter and shall be governed by the provisions of Article 72-6, Nonconformities.