City of Fredericksburg, VA
 
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Table of Contents
Table of Contents
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.
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 § 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 chapter, 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 § 72-23.1, Certificate of appropriateness:
[Amended 6-11-2019 by Ord. No. 19-24]
(1) 
New construction;
(2) 
Any exterior alteration (except painting) to a principal or accessory building or structure visible from a public right-of-way, not to include alleys, or from public land;
(3) 
Demolition, razing, or removal of any historic landmark, building, or structure;
(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) 
For all lots within the HFD, front and side setbacks shall be established by use of the rules for averaging setbacks in § 72-82.4B(2), regardless of the setback requirements of the underlying zoning district or any other overlay district in which the lot is located.
[Added 6-11-2019 by Ord. No. 19-24]
(3) 
In the event of conflict between the standards in this section and any other applicable section of this chapter or other City regulation, the standards of this section shall apply. The Virginia Uniform Statewide Building Code including Part III the Virginia Maintenance Code shall apply in the event of conflict between its standards and the standards in this section.
[Amended 6-11-2019 by Ord. No. 19-24]
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) 
1907 Dam and Gates; and
(k) 
Thornton's Mill.
(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) 
1201 Washington Avenue (Kenmore);
(c) 
1302 Washington Avenue;
(d) 
1304 Washington Avenue;
(e) 
1311 Washington Avenue;
(f) 
1500 Washington Avenue;
(g) 
504 Hanover Street (Federal Hill);
(h) 
620 Lewis Street; and
(i) 
3315 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 § 72-22.6, Special use permits:
(a) 
Historic dependency lodging.
[1] 
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
[2] 
The use provides at least one off-street parking space per lodging unit.
(b) 
Historic dependency, limited office or retail use.
[1] 
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.
(4) 
Application of Uniform Statewide Building Code standards. Nothing in this chapter shall be construed as preventing the application of the Uniform Statewide Building Code or other applicable ordinances to development in the HFD, subject to the conflict resolution provisions in Subsection D, above. Neither the owner nor the person in charge of an historic landmark, building, or structure shall allow such property to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce a detrimental effect upon the character of the HFD within the area of such property. The Zoning Administrator shall notify the Building Maintenance Official of a violation of this section that comes to the Administrator's attention.
[Amended 6-11-2019 by Ord. No. 19-24]
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 72-34.2C, Dimensional Standards in the RSO District:
Table 72-34.2C, Dimensional Standards in the RSO District
Dimensional Standard
Requirement
Minimum Lot Area
None
Minimum Lot Width
None
Front Setback, Minimum
Within 25% 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
2.0
Residential Density, Maximum
8 DU/AC for single- and multifamily development; 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.
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 one-hundred-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 chapter.
(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 one-hundred-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 B above and shown on the accompanying Flood Boundary and Floodway Map.
(2) 
Flood fringe. The flood fringe consists of that area within the one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of the flood fringe shall be the one-hundred-year flood elevations contained in the flood profiles of the flood insurance study referenced in Subsection B 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 one-hundred-year flood elevations have been provided but for which no floodway has been delineated.
(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 one-hundred-year floodplain boundary has been approximated. Where the specific one-hundred-year flood elevation and floodway cannot be determined for this area using other sources of data, such as the United States Army Corps of Engineers Floodplain Information Reports, the United States 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 man-made changes have occurred, more detailed studies have been conducted or undertaken by the United States 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 § 72-22.8. 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) 
No permit for new residential construction shall be granted if the lowest floor, including basement, of the proposed structure would be less than 1 1/2 feet above the water surface elevation of the one-hundred-year flood.
(4) 
No permit shall be granted for a nonresidential structure unless adequate floodproofing to the level of the one-hundred-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 United States Army 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 one-hundred-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.
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 does 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% 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% 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.
(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 one-hundred-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;
(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 one-hundred-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 M(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.
A. 
Purpose and intent. The governing body of the City of Fredericksburg, acting pursuant to Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia, adopts this section regulating the use and development of wetlands.
B. 
Definitions. The following terms apply to this section, unless the context requires a different meaning:
COMMISSION
The Virginia Marine Resources Commission.
COMMISSIONER
The Commissioner of Marine Resources.
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.
NONVEGETATED WETLANDS
Unvegetated lands lying contiguous to mean low water and between mean low water and mean high water.
PERSON
Any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.
VEGETATED WETLANDS
Lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor 1 1/2 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).
WETLANDS
Both vegetated and nonvegetated wetlands.
WETLANDS BOARD or BOARD
A board created pursuant to Code of Virginia § 28.2-1303.
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, wildlife 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 § 72-54.3;
(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;
(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 § 72-54.3, 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.
(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 thirty-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 chapter, 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.
E. 
Standards for review.
(1) 
In fulfilling its responsibilities under this chapter, 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 § 28.2-1308 and the guidelines promulgated in Code of Virginia § 28.2-1301.
(3) 
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 § 28.2-1308 and the guidelines promulgated in Code of Virginia § 28.2-1301.
(c) 
The proposed activity does not violate the purposes and intent of this chapter or Chapter 13 (§ 28.2-1300 et seq.) of Title 28.2 of the Code of Virginia.
(4) 
If the board finds that any of the criteria listed in Subsection E(3) 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.
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
(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 § 10.1-2100), 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, 2013.
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 chapter.
(2) 
Resource protection areas.
(a) 
Resource protection areas (RPAs) shall include the following land categories:
[1] 
Tidal wetlands;
[2] 
Nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow;
[3] 
Tidal shores;
[4] 
Such other lands meeting the definition of "resource protection area" that the Stormwater Administrator determines are necessary to protect the quality of state waters; and
[Amended 6-10-2014 by Ord. No. 14-25]
[5] 
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.
(b) 
Designation of the components listed in Subsection 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) 
One-hundred-year floodplains;
(b) 
Highly erodible soils, including lands with slopes 25% 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.
(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 Stormwater Administrator and in accordance with this section.
[Amended 6-10-2014 by Ord. No. 14-25]
(2) 
Construction of single-family dwelling. The Stormwater 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 Stormwater Administrator may use hydrology, soils, plant species, and other data, and consult with other appropriate resources, as needed, to perform the delineation.
[Amended 6-10-2014 by Ord. No. 14-25]
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) 
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 § 72.54.3, 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 Stormwater Administrator has conclusively established that the location of the facility within the RPA is the optimum location;
[Amended 6-10-2014 by Ord. No. 14-25]
(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 Stormwater Administrator has approved the project prior to construction; and
[Amended 6-10-2014 by Ord. No. 14-25]
(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:
[Amended 6-10-2014 by Ord. No. 14-25]
(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 Stormwater Administrator; and
(b) 
Ingress and egress during construction shall be limited to one access point, unless otherwise approved by the Stormwater 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 Stormwater Administrator. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed.
[Amended 6-10-2014 by Ord. No. 14-25]
(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) 
Non-point-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 non-point-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 non-point-source pollution load shall be reduced by at least 10%; 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 non-point-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 Stormwater Administrator as part of site plan review.
[Amended 6-10-2014 by Ord. No. 14-25]
(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.
(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 (§ 10.1-560 et seq., Code of Virginia, as amended.);
(b) 
The Stormwater Management Act (§ 10.1-603.1 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:
[1] 
Retained, if such buffer area exists on the effective date of this section; or
[2] 
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 one-hundred-foot buffer area shall be deemed to achieve a 75% reduction of sediments and a 40% 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 Stormwater 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:
[Amended 6-10-2014 by Ord. No. 14-25]
(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;
(c) 
Dead, diseased, or dying trees or shrubbery may be removed; thinning of trees may be allowed in accordance with sound horticultural standards;
(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; and
(e) 
In IDAs, the Stormwater Administrator shall have the authority to require the establishment of vegetation within the one-hundred-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 encroachment into the buffer.
[Amended 6-10-2014 by Ord. No. 14-25]
(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 Stormwater Administrator, in accordance with the following criteria:
[1] 
Encroachments into the buffer area shall the minimum necessary to achieve a reasonable buildable area for the principal structure and necessary utilities;
[2] 
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
[3] 
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:
[1] 
The lot or parcel was created as a result of a legal process conducted in conformity with this chapter;
[2] 
The conditions or mitigation measures imposed through a previously approved special exception, variance, or other City approval under this chapter have been fully met;
[3] 
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
[4] 
The criteria in Subsection I(3)(a)[1] above shall be met.
J. 
Exceptions to RPA standards.
(1) 
A request for an exception to the RPA standards in Subsection I above shall be made in writing to the Stormwater 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 Subsection L(2) and (3) below.
[Amended 6-10-2014 by Ord. No. 14-25]
(2) 
The Stormwater Administrator shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with § 15.2-2204 of the Code of Virginia, as amended, except that only one hearing shall be required.
[Amended 6-10-2014 by Ord. No. 14-25]
(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 Stormwater 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.
[Amended 6-10-2014 by Ord. No. 14-25]
(5) 
A request for an exception to any requirements of this section (other than those related to RPA in Subsection I above) shall be made in writing to the Stormwater 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 Stormwater 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 Stormwater Administrator in order for the Stormwater Administrator to determine whether such development or redevelopment is consistent with the provisions of this section.
[Amended 6-10-2014 by Ord. No. 14-25]
(2) 
For all state projects, the Stormwater 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 § 10.1-2114.
[Amended 6-10-2014 by Ord. No. 14-25]
(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 Stormwater Administrator to seek voluntary compliance by such entities with the provisions of this section.
[Amended 6-10-2014 by Ord. No. 14-25]
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:
[1] 
Tidal wetlands;
[2] 
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;
[3] 
Tidal shores;
[4] 
Other lands designated by the City Council as resource protection areas and shown on the official maps known as the "Chesapeake Bay Preservation Maps;"
[5] 
Buffer areas located adjacent to and landward of the components listed in Subsection L(1)(a)[1] through [4] above;
[6] 
One-hundred-year floodplains, highly erodible soils, highly permeable soils, ponds, nontidal wetlands, and intermittent streams.
[7] 
Any other related information requested by the Stormwater Administrator;
[Amended 6-10-2014 by Ord. No. 14-25]
(b) 
A vegetation plan, certified by a design professional, meeting the following requirements:
[1] 
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;
[2] 
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] 
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 chapter to replace existing trees within the buffer area shall also be depicted;
[4] 
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;
[5] 
The plan shall include specifications for the protection of existing trees during clearing, grading, and all phases of construction;
(c) 
A non-point-source pollution control plan containing the following elements:
[1] 
The location and design of all planned non-point-source pollution control devices;
[2] 
Procedures for implementing nonstructural non-point-source pollution control practices and techniques;
[3] 
Pre- and post-development non-point-source pollutant loadings, with supporting documentation of all utilized coefficients and calculations; and
[4] 
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 Stormwater Administrator; and
[Amended 6-10-2014 by Ord. No. 14-25]
(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 Stormwater 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.
[Amended 6-10-2014 by Ord. No. 14-25]
(b) 
A minor water quality impact assessment shall be required if the proposed development will result in:
[1] 
An encroachment into any portion of a buffer area lying more than 50 feet from an RPA feature; and
[2] 
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:
[1] 
The location of the components of the RPA, including all vegetated buffer areas;
[2] 
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;
[3] 
The type and location of the proposed best management practices to mitigate the proposed encroachment; and
[4] 
Any other relevant information requested by the Stormwater Administrator.
[Amended 6-10-2014 by Ord. No. 14-25]
(d) 
A major water quality impact assessment shall be required if the proposed development:
[1] 
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;
[2] 
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
[3] 
Is located, in whole or in part, within a resource management area and the Stormwater 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.
[Amended 6-10-2014 by Ord. No. 14-25]
(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 Subsection L(2)(c) above;
(b) 
A hydrogeological survey that:
[1] 
Describes the existing topography, soils, hydrology, and geology of the site and adjacent lands;
[2] 
Describes the impacts of the proposed development on topography, soils, hydrology, and geology on the site and adjacent lands;
[3] 
Indicates any proposed disturbance or destruction of wetlands and the justification for such action;
[4] 
Indicates any proposed disruption or reduction in the supply of water to wetlands, streams, lakes, rivers or other water bodies;
[5] 
Indicates any proposed disruption to existing hydrology, including wetland and stream circulation patterns;
[6] 
Indicates the source location and description of proposed fill material;
[7] 
Indicates the proposed location of dredge material and location of dumping areas for such material;
[8] 
Indicates the location of and potential impacts on shellfish beds, submerged aquatic vegetation, and fish spawning areas;
[9] 
Indicates an estimate of pre- and post-development pollutant runoff loads;
[10] 
Indicates an estimate of the percentage increase in impervious surface on the site and the proposed types of surfacing materials to be used;
[11] 
Indicates the percentage of the site to be cleared;
[12] 
Indicates the anticipated duration and phasing schedule of construction;
[13] 
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:
[1] 
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;
[2] 
Describes the potential impacts of the proposed development or use on existing vegetation;
[3] 
Describes the general limits of clearing;
[4] 
Provides a clear delineation of trees to be removed; and
[5] 
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 Stormwater Administrator.
[Amended 6-10-2014 by Ord. No. 14-25]
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.
B. 
Applicability.
(1) 
In general.
(a) 
Except for uses identified in Subsection B(2), 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.
[Amended 2-11-2014 by Ord. No. 14-10]
(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, facade 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 § 72-23.2, Corridor design review.
D. 
Subdistricts distinguished. The GCO shall be comprised of a series of subdistricts, each with unique development and design standards. The subdistricts comprising the GCO include the following:
(1) 
Cowan Boulevard Corridor. The Cowan Boulevard Corridor Subdistrict 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 Subdistrict 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 Subdistrict 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 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 Subdistrict 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 § 72-62, Nonconforming uses, or Article 72-4, §§ 72-41 and 72-42, Principal and accessory uses, the following uses are expressly prohibited within the gateway corridors overlay district:
[Amended 11-14-2017 by Ord. No. 17-22]
(1) 
Outside storage or display of products, goods, or materials;
(2) 
Outside speakers that are audible beyond the boundaries of the property on which they are located; and
(3) 
Transmission towers.
F. 
Additional standards for the Cowan Boulevard and Fall Hill Avenue Corridor Subdistricts. Development on parcels within the Cowan Boulevard and Fall Hill Avenue Corridor Subdistricts 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.
(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.
[Amended 2-11-2014 by Ord. No. 14-10]
(2) 
Vehicular access. Vehicular use areas shall be provided, in accordance with the requirements set forth in Article 72-5. 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 § 72-58, Exterior lighting.
(4) 
Screening.
(a) 
On lands zoned for office, commercial, or multifamily 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 72-5.
(6) 
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).
(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 shall comply with § 72-59.
[Amended 11-14-2017 by Ord. No. 17-22]
G. 
Additional standards for the Princess Anne Street Corridor Subdistrict Development on parcels within the Princess Anne Street Corridor Subdistrict shall comply with the following:
(1) 
Subdistrict components. The Princess Anne Street Corridor Subdistrict 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, 2007.
(3) 
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.
(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 72-5.
(6) 
Exterior lighting. In addition to the exterior lighting standards set forth with in Article 72-5, § 72-58, the following shall apply:
(a) 
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 Subdistrict. Development on parcels within the Lafayette Boulevard Corridor Sub-district shall comply with the following:
(1) 
Subdistrict components. The Lafayette Boulevard Corridor Subdistrict 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 Subdistrict 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 the 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 72-5.
(6) 
Exterior lighting. In addition to the exterior lighting standards set forth within Article 72-5, § 72-58, the following shall apply:
(a) 
The design, style and materials of light fixtures and poles shall be compatible with architectural style and materials of the buildings on the site.
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 chapter. 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 chapter, 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% 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.
(2) 
A single-loaded parking bay shall be permitted between a building and the street it faces when the building contains two or more usable floors above grade.
(3) 
When required, off-street parking shall be established in one or more of the following locations (listed in priority order):
(a) 
Adjacent to off-street parking lots serving nonresidential uses on abutting lots;
(b) 
Adjacent to lot lines abutting nonresidential development;
(c) 
Adjacent to lot lines abutting mixed-use development;
(d) 
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, § 72-83, or Article 72-4 §§ 72-41 and 72-42, drive-throughs are prohibited, both as principal and accessory uses.