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 72-21.7.
B.
Initiation.
(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.
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 § 15.2-2285,
the Planning Commission shall advertise and hold at least one public
hearing pursuant to public notice, as required by Code of Virginia
§ 15.2-2204.
(3)
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 chapter.
(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approval, unless the application has been withdrawn by the applicant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.
[Amended 5-23-2017 by Ord. No. 17-13]
(1)
Before acting on any application subject to the requirements
of Code of Virginia § 15.2-2285, 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 Code of Virginia
§§ 15.2-2285 and 15.2-2204.
(2)
The Clerk of Council shall transmit official notice of any City
Council action modifying this chapter to the Zoning Administrator.
The Zoning Administrator shall thereafter have the responsibility
to make any necessary and appropriate changes to the Official Zoning
Map.
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 contesting 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 or special exception,
shall be filed within 30 days of the decision with the Fredericksburg
Circuit Court pursuant to Code of Virginia § 15.2-2285F.
[Amended 5-23-2017 by Ord. No. 17-13]
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.
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 3.
(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 § 15.2-2225.
(6)
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 § 15.2-2225.
(7)
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
§ 15.2-2226.
(2)
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, § 15.2-2229.
E.
Legal status and certification of public facilities.
[Amended 5-23-2017 by
ord. No. 17-13]
(1)
The legal status of the Comprehensive Plan shall be as provided
in Code of Virginia § 15.2-2232.
(2)
Unless a feature is already shown in the Comprehensive Plan,
or is deemed so under § 15.2-2232D, no public facility referenced
in Code of Virginia § 15.2-2232A 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. Widening, narrowing, extension, enlargement, vacation or
change of use of streets or public areas shall likewise be submitted
for approval, but paving, repair, reconstruction, improvement, drainage
or similar work and normal service extensions of public utilities
or public service corporations shall not require approval unless such
work involves a change in location or extent of a street or public
area.
(a)
The Planning Commission shall act on any such application within
60 days of the date the application is officially submitted, unless
City Council extends the time.
(b)
The Commission shall act on an application for certification
of a telecommunications facility submitted as required by the Code
of Virginia § 15.2-2232, 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 therefor.
(3)
The owner or owners or their agents may appeal the decision
of the Planning Commission to the City Council within 10 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. The City Council may review the Planning Commission's
action on its own initiative. A majority vote of the City Council
shall overrule the Planning Commission.
F.
The Development Administrator shall deem public streets and public
utility extensions as features already shown in the Comprehensive
Plan when they are identified within, but are not the entire subject
of, a subdivision plat or a site plan that complies with the requirements
of Article 5.
[Added 5-23-2017 by Ord.
No. 17-13]
Text amendments to this chapter shall proceed through the standard public hearing process set forth in § 72-22.1, General procedures.
A.
Purpose and applicability.
(1)
Requests for reclassification of the zoning for specific property, also referred to in this chapter 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 § 72-21.1, and in accordance with the requirements of Code of Virginia §§ 15.2-2285 and 15.2-2286(A)(7).
[Amended 5-23-2017 by Ord. No. 17-13]
(2)
Pursuant to the authority granted within Code of Virginia §§ 15.2-2296
and 15.2-2303 and the provisions of this chapter, 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.
[Amended 1-14-2014 by Ord. No. 14-02]
(3)
It is the purpose of this section to implement the general state
policy articulated with the Code of Virginia § 15.2-2296,
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 § 15.2-2303.
[Amended 1-14-2014 by Ord. No. 14-02]
(5)
City Council may accept or reject any or all of the conditions
set forth within a statement of proffered conditions.
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 prior to the City Council public hearing.
[Amended 5-23-2017 by Ord. No. 17-13]
D.
Changes to proffers while application is pending.
[Amended 5-23-2017 by Ord. No. 17-13]
(1)
Proffers may be amended during the process of application review
by the 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) does not materially affect the overall proposal,
or zone the land to a more intensive use classification than was contained
in the public hearing notice. If amended proffers materially affect
the overall proposal, or would zone the land to a more intensive use
classification than was contained in the public hearing notice, then
the City Council shall hold a new public hearing on the amended application.
The City Council may, at its option, refer the amended application
to the Planning Commission for a new public hearing and recommendation.
(2)
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
§ 15.2-2300.
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 § 15.2-2302. 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.
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:
(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 § 72.22.4 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 § 15.2-2301.
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.
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 § 72.22.5.
(2)
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 § 72-33 of this chapter 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 §§ 72-22.4 and 72-70 et seq. of this chapter, as applicable.
(4)
[1]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.
[1]
Editor's Note: Former Subsection C(4), providing that the
Final General Development Plan shall have the effect of an approved
preliminary subdivision plat, was repealed 9-13-2022 by Ord. No. 22-18, which ordinance also
renumbered former Subsection D(5) through (7) as Subsection D(4) through
(6), respectively.
(5)
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.
(6)
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 § 72-33, or of the final General Development
Plan.
(b)
Special exceptions may be granted by City Council, with respect to generally applicable regulations set forth within § 72-33 (Planned development districts), in accordance with § 72-22.7 (Special exceptions) of this chapter.
(c)
The Development Administrator may approve changes involving
subdivision standards and requirements, in accordance with provisions
of Article 72-5 of this chapter 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 neighboring
properties or the public, 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.
[Amended 5-23-2017 by Ord. No. 17-13]
(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.
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.
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:
(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.
(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
onsite 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 chapter 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 § 15.2-2209.1, as may be applicable.
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
§ 15.2-2204, 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 chapter.
(3)
Nothing in this subsection shall preclude or limit the City
from exercising any rights or remedies under Article 72-7 of this
chapter, in addition to any revocation of a special use permit.
A.
Purpose and applicability. This section shall govern the review and
approval of applications for special exception. Except as otherwise
specifically provided within this chapter, 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.
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 chapter;
(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.
[Amended 1-10-2017 by Ord. No. 16-28; 5-23-2017 by Ord. No. 17-13]
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 Zoning Map interpretations
as provided in Code of Virginia §§ 15.2-2309 and 15.2-2310.
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
§ 15.2-2310.
(2)
A variance, appeal, or Zoning Map interpretation shall be heard
and decided by the BZA after notice and a public hearing. The Board
hearing shall be in compliance with the procedures set forth within
Code of Virginia § 15.2-2309.
(3)
Submittal requirements for a zoning variance are contained in
the UDO Procedures Manual.
C.
Review criteria. The BZA shall apply the definitions in Code of Virginia
§ 15.2-2201, and the review criteria and burdens of proof
provided in Code of Virginia §§ 15.2-2308 through 15.2-2312,
in hearing and deciding any appeal, variance application, or Zoning
Map interpretation appeal.
D.
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 chapter. 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 chapter. 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.
E.
Review authority and criteria, special exceptions; fences. The Board
of Zoning Appeals may hear and decide applications for a special exception
from the regulations governing fence heights in any front yard (including
a secondary front yard) in any zoning district. Special exceptions
may be granted in cases where the size, configuration, or other unusual
characteristic of the lot, including locations of existing mature
vegetation or trees, requires an exception from the zoning requirements
in order to provide a reasonable fenced area without creating significant
impact to adjacent properties or the neighborhood. The Board may impose
such conditions relating to the fence as it may deem necessary in
the public interest, including limiting the duration of the special
exception, and may require a guarantee or bond to ensure that the
conditions imposed are being and will continue to be complied with.
In considering an application, the Board shall apply the following
criteria:
(1)
Whether
approval of the special exception will impair an adequate supply of
light or air to adjacent property, or cause or substantially increase
the danger of fire or the spread of fire, or endanger public safety,
including impacts to adequate sight lines.
(2)
Whether
the proposal will be compatible with the existing character and pattern
of development in the surrounding neighborhood and facilitate an attractive
and harmonious community.
(3)
Whether
the application represents the only reasonable means and location
on the lot to accommodate the proposed fence given the natural constraints
of the lot or the existing development on the lot.
(4)
The
height of the proposed fence and the use of opaque or transparent
design; the use of a buffer area between the public right-of-way and
the fence. The fence shall not exceed six feet in height.
F.
Review authority and criteria, special exceptions; signs in the Creative
Maker District. The Board of Zoning Appeals may hear and decide applications
for a special exception from the regulations governing sign height,
setback, and total permitted square feet within the Creative Maker
District. The Board may impose such conditions relating to the sign
as it may deem necessary in the public interest, Special exceptions
may be granted by applying the following criteria:
[Added 9-8-2020 by Ord.
No. 20-17[1]]
(1)
The sign is no taller than 25 feet.
(2)
The sign is a prominent architectural feature of the building
on the site, architecturally compatible with neighboring character
structures.
(3)
The sign is in accordance with the purpose of the frontage and
building type for which it is proposed.
(4)
The sign is not a standard internally lit box sign.
G.
The Board
of Zoning Appeals is authorized to revoke a special exception previously
granted by it, if the Board determines that there has not been compliance
with the terms or conditions of the special exception. No special
exception may be revoked except after notice and hearing as provided
in this section. However, when giving any required notice to the owners,
their agents, or occupants of abutting property and property immediately
across the street or road from the property affected, the Board may
give such notice by first-class mail rather than by registered or
certified mail.
H.
Appeals.
Any person or persons jointly or severally aggrieved by an action
of the BZA, or any aggrieved taxpayer or any officer, department,
board or bureau of the City 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, § 15.2-2314.
