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."
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:
(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%
|
[Amended 2-28-2023 by Ord. No. 23-02]
A.
General provisions.
(1)
Statutory authorization and purpose. Zoning ordinances shall
be for the general purpose of promoting the health, safety, or general
welfare of the public (Virginia Code § 15.2-2283) and improve
the public health, safety, convenience, and welfare of their citizens
(§ 15.2-2200). To these ends, this floodplain ordinance
is designed to provide for safety from flood, to facilitate the provision
of flood protection, and to protect against loss of life, health,
or property from flood. This district is established pursuant to the
authority granted to localities (Virginia Code § 15.2-2280).
The purpose of these provisions is to prevent: the loss of life, health,
or property, the creation of health and safety hazards, the disruption
of commerce and governmental services, the extraordinary and unnecessary
expenditure of public funds for flood protection and relief, and the
impairment of the tax base by:
(a)
Regulating uses, activities, and development which, alone or
in combination with other existing or future uses, activities, and
development, will cause unacceptable increases in flood heights, velocities,
and frequencies;
(b)
Restricting or prohibiting certain uses, activities, and development
from locating within districts subject to flooding;
(c)
Requiring all those uses, activities, and developments that
do occur in flood-prone districts to be protected and/or floodproofed
against flooding and flood damage; and
(d)
Protecting individuals from buying land and structures which
are unsuited for intended purposes because of flood hazards.
(2)
Applicability. These provisions shall apply to all privately
and publicly owned lands within the jurisdiction of the City of Fredericksburg
and identified as areas of special flood shown on the flood insurance
rate map (FIRM) or included in the flood insurance study (FIS) that
are provided to the City by FEMA.
(3)
Compliance and liability.
(a)
No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this § 72-34.3 and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this § 72-34.3.
(b)
The degree of flood protection sought by the provisions of this § 72-34.3 is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This § 72-34.3 does not imply that districts outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.
(4)
Records. Records of actions associated with administering this § 72-34.3 shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity.
(5)
Abrogation and greater restrictions. To the extent that the provisions are more restrictive, this § 72-34.3 supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.
(7)
Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this section or directions of the Director of Planning or any authorized employee of the City shall be guilty of the appropriate violation and subject to the penalties thereof. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of the City of Fredericksburg are addressed in Article § 72-7 of the Unified Development Ordinance. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this § 72-34.3. The imposition of a fine or penalty for any violation of, or noncompliance with, this § 72-34.3 shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this § 72-34.3 may be declared by the City to be a public nuisance and abatable as such.
B.
Administration.
(1)
Designation of the Floodplain Administrator. The Stormwater
Manager is hereby appointed to administer and implement these regulations
and is referred to herein as the Floodplain Administrator. The Floodplain
Administrator may:
(a)
(Reserved)
(b)
Delegate duties and responsibilities set forth in these regulations
to qualified technical personnel, plan examiners, inspectors, and
other employees.
(c)
Enter into a written agreement or written contract with another
community or private sector entity to administer specific provisions
of these regulations, subject to applicable approvals. Administration
of any part of these regulations by another entity shall not relieve
the community of its responsibilities pursuant to the participation
requirements of the National Flood Insurance Program as set forth
in the Code of Federal Regulations at 44 CFR 59.22.
(2)
Duties and responsibilities of the Floodplain Administrator.
The duties and responsibilities of the Floodplain Administrator shall
include but are not limited to:
(a)
Review applications for permits to determine whether proposed
activities will be located in the special flood hazard area (SFHA).
(b)
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(c)
Review applications to determine whether proposed activities
will be reasonably safe from flooding and require new construction
and substantial improvements to meet the requirements of these regulations.
(d)
Review applications to determine whether all necessary permits
have been obtained from the federal, state, or local agencies from
which prior or concurrent approval is required; in particular, permits
from state agencies for any construction, reconstruction, repair,
or alteration of a dam, reservoir, or waterway obstruction (including
bridges, culverts, structures), any alteration of a watercourse, or
any change of the course, current, or cross section of a stream or
body of water, including any change to the 100-year frequency floodplain
of free-flowing non-tidal waters of the state.
(e)
Verify that applicants proposing an alteration of a watercourse
have notified adjacent communities, the Department of Conservation
and Recreation (Division of Dam Safety and Floodplain Management),
and other appropriate agencies (VADEQ, USACE), and have submitted
copies of such notifications to FEMA.
(f)
Advise applicants for new construction or substantial improvement
of structures that are located within an area of the Coastal Barrier
Resources System established by the Coastal Barrier Resources Act
that federal flood insurance is not available on such structures;
areas subject to this limitation are shown on Flood Insurance Rate
Maps as Coastal Barrier Resource System Areas (CBRS) or Otherwise
Protected Areas (OPA).
(g)
Approve applications and issue permits to develop in flood hazard
areas if the provisions of these regulations have been met, or disapprove
applications if the provisions of these regulations have not been
met.
(h)
Inspect or cause to be inspected buildings, structures, and
other development for which permits have been issued to determine
compliance with these regulations or to determine if noncompliance
has occurred or violations have been committed.
(i)
Review elevation certificates and require incomplete or deficient
certificates to be corrected.
(j)
Submit to FEMA, or require applicants to submit to FEMA, data
and information necessary to maintain FIRMs, including hydrologic
and hydraulic engineering analyses prepared by or for the City, within
six months after such data and information becomes available if the
analyses indicate changes in base flood elevations.
(k)
Maintain and permanently keep records that are necessary for
the administration of these regulations, including:
[1]
Flood insurance studies, flood insurance rate maps (including
historic studies and maps and current effective studies and maps),
and letters of map change; and
[2]
Documentation supporting issuance and denial of permits, elevation
certificates, documentation of the elevation (in relation to the datum
on the FIRM) to which structures have been floodproofed, inspection
records, other required design certifications, variances, and records
of enforcement actions taken to correct violations of these regulations.
(l)
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop-work orders, and require permit
holders to take corrective action.
(m)
Advise the Board of Zoning Appeals regarding the intent of these
regulations and, for each application for a variance, prepare a staff
report and recommendation.
(n)
Administer the requirements related to proposed work on existing
buildings:
[1]
Make determinations as to whether buildings and structures that
are located in flood hazard areas and that are damaged by any cause
have been substantially damaged.
[2]
Make reasonable efforts to notify owners of substantially damaged
structures of the need to obtain a permit to repair, rehabilitate,
or reconstruct. Prohibit the noncompliant repair of substantially
damaged buildings except for temporary emergency protective measures
necessary to secure a property or stabilize a building or structure
to prevent additional damage.
(o)
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, other actions which may include but are
not limited to: issuing press releases, public service announcements,
and other public information materials related to permit requests
and repair of damaged structures; coordinating with other federal,
state, and local agencies to assist with substantial damage determinations;
providing owners of damaged structures information related to the
proper repair of damaged structures in special flood hazard areas;
and assisting property owners with documentation necessary to file
claims for increased cost of compliance coverage under NFIP flood
insurance policies.
(p)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City have been modified and:
[1]
Provide a map that clearly delineates the new corporate boundaries
or the new area for which the authority to regulate pursuant to these
regulations has either been assumed or relinquished through annexation;
and
[2]
If the FIRM for any annexed area includes special flood hazard
areas that have flood zones that have regulatory requirements that
are not set forth in these regulations, prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit
the amendments to the governing body for adoption; such adoption shall
take place at the same time as or prior to the date of annexation
and a copy of the amended regulations shall be provided to Department
of Conservation and Recreation (Division of Dam Safety and Floodplain
Management) and FEMA.
(q)
Upon the request of FEMA, complete and submit a report concerning
participation in the NFIP which may request information regarding
the number of buildings in the SFHA, number of permits issued for
development in the SFHA, and number of variances issued for development
in the SFHA.
(r)
It is the duty of the Floodplain Administrator to take into
account flood, mudslide and flood-related erosion hazards, to the
extent that they are known, in all official actions relating to land
management and use throughout the entire jurisdictional area of the
City, whether or not those hazards have been specifically delineated
geographically (e.g., via mapping or surveying).
(3)
Use and interpretation of FIRMs. The Floodplain Administrator
shall make interpretations, where needed, as to the exact location
of special flood hazard areas, floodplain boundaries, and floodway
boundaries. The following shall apply to the use and interpretation
of FIRMs and data:
(a)
Where field surveyed topography indicates that adjacent ground
elevations:
[1]
Are below the base flood elevation in riverine SFHAs, or below
the 1% storm surge elevation in coastal SFHAs, even in areas not delineated
as a special flood hazard area on a FIRM, the area shall be considered
as special flood hazard area and subject to the requirements of these
regulations;
[2]
Are above the base flood elevation and the area is labelled
as a SFHA on the FIRM, the area shall be regulated as special flood
hazard area unless the applicant obtains a letter of map change that
removes the area from the SFHA.
(b)
In FEMA-identified special flood hazard areas where base flood
elevation and floodway data have not been identified and in areas
where FEMA has not identified SFHAs, any other flood hazard data available
from a federal, state, or other source shall be reviewed and reasonably
used.
(c)
Base flood elevations and designated floodway boundaries on
FIRMs and in FISs shall take precedence over base flood elevations
and floodway boundaries by any other sources if such sources show
reduced floodway widths and/or lower base flood elevations.
(d)
Other sources of data shall be reasonably used if such sources
show increased base flood elevations and/or larger floodway areas
than are shown on FIRMs and in FISs.
(e)
If a preliminary flood insurance rate map and/or a preliminary
flood insurance study has been provided by FEMA:
[1]
Upon the issuance of a letter of final determination by FEMA,
the preliminary flood hazard data shall be used and shall replace
the flood hazard data previously provided from FEMA for the purposes
of administering these regulations.
[2]
Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to Subsection C(1)(a)[3] and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.
[3]
Prior to issuance of a letter of final determination by FEMA,
the use of preliminary flood hazard data is permitted where the preliminary
base flood elevations or floodway areas exceed the base flood elevations
and/or designated floodway widths in existing flood hazard data provided
by FEMA. Such preliminary data may be subject to change and/or appeal
to FEMA.
(4)
Jurisdictional boundary changes.
[Amended 3-28-2023 by Ord. No. 23-06]
(a)
The City Floodplain Ordinance in effect on the date of annexation
shall remain in effect and shall be enforced by the municipality for
all annexed areas until the municipality adopts and enforces an ordinance
which meets the requirements for participation in the National Flood
Insurance Program. Municipalities with existing floodplain ordinances
shall pass a resolution acknowledging and accepting responsibility
for enforcing floodplain ordinance standards prior to annexation of
any area containing identified flood hazards. If the FIRM for any
annexed area includes special flood hazard areas that have flood zones
that have regulatory requirements that are not set forth in these
regulations, the governing body shall prepare amendments to these
regulations to adopt the FIRM and appropriate requirements, and submit
the amendments to the governing body for adoption; such adoption shall
take place at the same time as or prior to the date of annexation
and a copy of the amended regulations shall be provided to Department
of Conservation and Recreation (Division of Dam Safety and Floodplain
Management) and FEMA.
(b)
In accordance with the Code of Federal Regulations, Title 44,
Subpart B, Section 59.22(a)(9)(v), all NFIP participating communities
must notify the Federal Insurance Administration and optionally the
State Coordinating Office in writing whenever the boundaries of the
community have been modified by annexation or the community has otherwise
assumed or no longer has authority to adopt and enforce floodplain
management regulations for a particular area.
(c)
In order that all Flood Insurance Rate Maps accurately represent
the community's boundaries, a copy of a map of the community suitable
for reproduction, clearly delineating the new corporate limits or
new area for which the community has assumed or relinquished floodplain
management regulatory authority must be included with the notification.
(5)
District boundary changes. The delineation of any of the floodplain
districts may be revised by the City Council where natural or man-made
changes have occurred and/or where more detailed studies have been
conducted or undertaken by the U.S. Army Corps of Engineers or other
qualified agency, or an individual documents the need for such change.
However, prior to any such change, approval must be obtained from
the Federal Emergency Management Agency. A completed LOMR is a record
of this approval.
(6)
Interpretation of district boundaries. The Zoning Administrator, in consultation with the Floodplain Administrator, is authorized to interpret the boundaries of the flood hazard overlay district, subject to any aggrieved person's right to appeal any decision, determination or order to the Board of Zoning Appeals as provided in § 72-22.8.
(7)
Submitting model-backed technical data. A community's base flood
elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later
than six months after the date such information becomes available,
a community shall notify the Federal Emergency Management Agency of
the changes by submitting technical or scientific data. The community
may submit data via a LOMR. Such a submission is necessary so that
upon confirmation of those physical changes affecting flooding conditions,
risk premium rates and floodplain management requirements will be
based upon current data.
[Amended 3-28-2023 by Ord. No. 23-06]
(8)
Letters of map revision. When development in the floodplain
will cause or causes a change in the base flood elevation, the applicant,
including state agencies, must notify FEMA by applying for a conditional
letter of map revision and then a letter of map revision.
C.
Establishment of flood hazard zoning districts.
(1)
Description of special flood hazard districts.
(a)
Basis of districts. The various special flood hazard districts shall include the special flood hazard areas (SFHAs). The basis for the delineation of these districts shall be the FIS and the FIRM for the City of Fredericksburg prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated April 5, 2023, and any subsequent revisions or amendments thereto. The City may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks, or approximate study methodologies. The boundaries of the SFHA districts are established as shown on the FIRM which is declared to be a part of this § 72-34.3 and which shall be kept on file at the office of the Floodplain Administrator.
[1]
The Floodway District is in an AE Zone and is delineated, for purposes of this § 72-34.3, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one-percent-annual-chance flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in this district are specifically defined in Table 2 of the above-referenced FIS and shown on the accompanying FIRM. The following provisions shall apply within the Floodway District of an AE Zone:
[a]
Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the Floodplain Administrator. Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies - with the City's endorsement - for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency. If Subsection C(1)(a)[1][a] is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Subsection D.
[b]
The placement of manufactured homes (mobile homes)
is prohibited, except in an existing manufactured home (mobile home)
park or subdivision. A replacement manufactured home may be placed
on a lot in an existing manufactured home park or subdivision provided
the anchoring, elevation, and encroachment standards are met.
[2]
The AE, or AH Zones on the FIRM accompanying the FIS shall be
those areas for which one-percent-annual-chance flood elevations have
been provided and the floodway has not been delineated. The following
provisions shall apply within an AE or AH Zone [44 CFR 60.3(c)] where
FEMA has provided base flood elevations:
[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,
designated as Zones A1-30, AE, or AH on the FIRM, 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 Zones A1-30, AE, or AH
on the City's FIRM which increase water surface elevation of the base
flood by more than one foot may be allowed, provided that the applicant
first applies - with the City's endorsement — for a conditional
letter of map revision, and receives the approval of the Federal Emergency
Management Agency.
[3]
The A Zone on the FIRM accompanying the FIS shall be those areas
for which no detailed flood profiles or elevations are provided, but
the one-percent-annual-chance floodplain boundary has been approximated.
For these areas, the following provisions shall apply [44 CFR 60.3(b)]:
[a]
The Approximated Floodplain District shall be that
floodplain area for which no detailed flood profiles or elevations
are provided, but where a one-percent-annual-chance floodplain boundary
has been approximated. Such areas are shown as Zone A on the maps
accompanying the FIS. For these areas, the base flood elevations and
floodway information from federal, state, and other acceptable sources
shall be used, when available. Where the specific one-percent-annual-chance
flood elevation cannot be determined for this area using other sources
of data, such as the U.S. Army Corps of Engineers floodplain information
reports, U.S. Geological Survey flood-prone quadrangles, etc., then
the applicant for the proposed use, development and/or activity shall
determine this base flood elevation. For development proposed in the
approximate floodplain the applicant must use technical methods that
correctly reflect currently accepted practices, such as point on boundary,
high water marks, or detailed methodologies hydrologic and hydraulic
analyses. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough review by the Floodplain
Administrator.
[b]
The Floodplain Administrator reserves the right
to require a hydrologic and hydraulic analysis for any development.
When such base flood elevation data is utilized, the lowest floor
shall be elevated to or above the base flood level 1.5 feet.
[c]
During the permitting process, the Floodplain Administrator
shall obtain:
[i]
The elevation of the lowest floor (in relation to mean sea level),
including the basement, of all new and substantially improved structures;
and
[d]
Base flood elevation data shall be obtained from
other sources or developed using detailed methodologies comparable
to those contained in a FIS for subdivision proposals and other proposed
development proposals (including manufactured home parks and subdivisions)
that exceed 50 lots or five acres, whichever is the lesser.
[4]
(Reserved)
[5]
The Coastal A Zone is labelled as AE on the FIRM; it is those
areas that are seaward of the limit of moderate wave action (LiMWA)
line. As defined by the VA USBC, these areas are subject to wave heights
between 1.5 feet and three feet. For these areas, the following provisions
shall apply:
[a]
Buildings and structures within this zone shall have the lowest floor elevated to or above the base flood elevation plus 1.5 feet of freeboard, and must comply with the provisions in Subsection C(1)(a)[2] and Subsection D(2) and (3).
[6]
The VE or V Zones on FIRMs accompanying the FIS shall be those
areas that are known as Coastal High Hazard areas, extending from
offshore to the inland limit of a primary frontal dune along an open
coast or other areas subject to high velocity waves. For these areas,
the following provisions shall apply [44 CFR 60.3(e)]:
[a]
All new construction and substantial improvements
in Zones V and VE, including manufactured homes, shall be elevated
on pilings or columns so that:
[i]
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the pilings or columns) is elevated to or
above the base flood level plus 1.5 feet. If the lowest horizontal
structural member is parallel to the direction of wave approach or
elevated at least two feet above the base flood level if the lowest
horizontal structural member is perpendicular to the direction of
wave approach; and
[ii]
The pile or column foundation and structure attached
thereto is anchored to resist flotation, collapse, and lateral movement
due to the effects of wind and water loads acting simultaneously on
all building components. Wind and water loading values shall each
have a one-percent chance of being equaled or exceeded in any given
year (one-percent annual chance).
[b]
A registered professional engineer or architect
shall develop or review the structural design, specifications and
plans for the construction, and shall certify that the design and
methods of construction to be used are in accordance with accepted
standards of practice for meeting the provisions of Subsection C(1)(a)[6][a].
[c]
The Floodplain Administrator shall obtain the elevation
(in relation to mean sea level) of the bottom of the lowest horizontal
structural member of the lowest floor (excluding pilings and columns)
of all new and substantially improved structures in Zones V and VE.
The Floodplain Management Administrator shall maintain a record of
all such information.
[d]
All new construction shall be located landward
of the reach of mean high tide.
[e]
All new construction and substantial improvements
shall have the space below the lowest floor either free of obstruction
or constructed with nonsupporting breakaway walls, open wood-lattice
work, or insect screening intended to collapse under wind and water
loads without causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting foundation
system. For the purpose of this subsection, a breakaway wall shall
have a design safe loading resistance of not less than 10 and no more
than 20 pounds per square foot. Use of breakaway walls which exceed
a design safe loading resistance of 20 pounds per square foot (either
by design or when so required by local codes) may be permitted only
if a registered professional engineer or architect certifies that
the designs proposed meet the following conditions:
[i]
Breakaway wall collapse shall result from water load less than
that which would occur during the base flood; and
[ii]
The elevated portion of the building and supporting
foundation system shall not be subject to collapse, displacement,
or other structural damage due to the effects of wind and water loads
acting simultaneously on all building components (structural and nonstructural).
Maximum wind and water loading values to be used in this determination
shall each have a one-percent chance of being equaled or exceeded
in any given year.
[f]
The enclosed space below the lowest floor shall
be used solely for parking of vehicles, building access, or storage.
Such space shall not be partitioned into multiple rooms, temperature-controlled,
or used for human habitation.
[g]
The use of fill for structural support of buildings
is prohibited. When nonstructural fill is proposed in a coastal high
hazard area, appropriate engineering analyses shall be conducted to
evaluate the impacts of the fill prior to issuance of a permit.
[h]
The man-made alteration of sand dunes, which would
increase potential flood damage, is prohibited.
(2)
Overlay concept. The Floodplain Districts described above shall
be overlays to the existing underlying districts as shown on the official
Zoning Ordinance Map, and as such, the provisions for the floodplain
districts shall serve as a supplement to the underlying district provisions.
If there is any conflict between the provisions or requirements of
the Floodplain Districts and those of any underlying district, the
more restrictive provisions and/or those pertaining to the floodplain
districts shall apply.
D.
District provisions.
(1)
Permit and application requirements.
(a)
Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a permit. Such development shall be undertaken only in strict compliance with the provisions of this § 72-34.3 and with all other applicable codes and ordinances, as amended, such as the Virginia Uniform State-Wide Building Code (VA USBC) and the City's subdivision regulations. Prior to the issuance of any such permit, the Floodplain Administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.
(b)
Site plans and permit applications. All applications for development
within any floodplain district and all permits issued for the floodplain
shall incorporate the following information:
[1]
The elevation of the base flood at the site.
[2]
For structures to be elevated, the elevation of the lowest floor
(including basement) or, in V Zones, the lowest horizontal structural
member.
[3]
For structures to be floodproofed (nonresidential only), the
elevation to which the structure will be floodproofed.
[4]
Topographic information showing existing and proposed ground
elevations.
(2)
General standards.
(a)
The following provisions shall apply to all permits:
[1]
New construction and substantial improvements shall be built according to this § 72-34.3 and the VA USBC, and anchored to prevent flotation, collapse, or lateral movement of the structure.
[2]
Manufactured homes shall be anchored to prevent flotation, collapse,
or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors. This
standard shall be in addition to and consistent with applicable state
anchoring requirements for resisting wind forces.
[3]
New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
[4]
New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
[5]
Electrical, heating, ventilation, plumbing, air-conditioning
equipment, and other service facilities, including duct work, shall
be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding.
[6]
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
[7]
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into floodwaters.
[8]
On-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
(b)
In addition to provisions in Subsection D(2)(a)[1] through [8], in all special flood hazard areas, the additional provisions shall apply:
[1]
Prior to any proposed alteration or relocation of any channels
or of any watercourse, stream, etc., within this jurisdiction a permit
shall be obtained from the U.S. Corps of Engineers, the Virginia Department
of Environmental Quality, and the Virginia Marine Resources Commission
(a joint permit application is available from any of these organizations).
Furthermore, in riverine areas, notification of the proposal shall
be given by the applicant to all affected adjacent jurisdictions,
the Department of Conservation and Recreation (Division of Dam Safety
and Floodplain Management), other required agencies, and the Federal
Emergency Management Agency.
[2]
The flood-carrying capacity within an altered or relocated portion
of any watercourse shall be maintained.
(3)
Elevation and construction standards. In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Subsection C(1)(a)[3] the following provisions shall apply:
(a)
Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones A1-30, AE, AH, and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus 1.5 feet. See Subsection C(1)(a)[5] and [6] for requirements in the Coastal A, VE, and V Zones.
(b)
Nonresidential construction.
[1]
New construction or substantial improvement of any commercial, industrial, or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus 1.5 feet. See Subsection C(1)(a)[5] and [6] for requirements in the Coastal A, VE, and V Zones.
[2]
Nonresidential buildings located in all A1-30, AE, and AH Zones
may be floodproofed in lieu of being elevated provided that all areas
of the building components below the elevation corresponding to the
BFE plus 1.5 feet are water tight with walls substantially impermeable
to the passage of water, and use structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are satisfied.
Such certification, including the specific elevation (in relation
to mean sea level) to which such structures are floodproofed, shall
be maintained by the Floodplain Administrator.
(c)
Space below the lowest floor. In Zones A, AE, AH, and A1-A30,
fully enclosed areas, of new construction or substantially improved
structures, which are below the regulatory flood protection elevation
shall:
[1]
Not be designed or used for human habitation, but shall be used
solely for parking of vehicles, building access, or limited storage
of maintenance equipment used in connection with the premises. Access
to the enclosed area shall be the minimum necessary to allow for parking
of vehicles (garage door) or limited storage of maintenance equipment
(standard exterior door), or entry to the living area (stairway or
elevator).
[2]
Be constructed entirely of flood-resistant materials below the
regulatory flood protection elevation;
[3]
Include measures to automatically equalize hydrostatic flood
forces on walls by allowing for the entry and exit of floodwaters.
To meet this requirement, the openings must either be certified by
a professional engineer or architect or meet the following minimum
design criteria:
[a]
Provide a minimum of two openings on different
sides of each enclosed area subject to flooding.
[b]
The total net area of all openings must be at least
one square inch for each square foot of enclosed area subject to flooding.
[c]
If a building has more than one enclosed area,
each area must have openings to allow floodwaters to automatically
enter and exit.
[d]
The bottom of all required openings shall be no
higher than one foot above the adjacent grade.
[e]
Openings may be equipped with screens, louvers,
or other opening coverings or devices, provided they permit the automatic
flow of floodwaters in both directions.
[f]
Foundation enclosures made of flexible skirting
are not considered enclosures for regulatory purposes, and, therefore,
do not require openings. Masonry or wood underpinning, regardless
of structural status, is considered an enclosure and requires openings
as outlined above.
(d)
Accessory Structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of Subsection D(3)(b) or, if not elevated or dry floodproofed, shall:
[1]
Not be used for human habitation;
[2]
Be limited to no more than 600 square feet in total floor area;
[3]
Be useable only for parking of vehicles or limited storage;
[4]
Be constructed with flood-damage-resistant materials below the
base flood elevation;
[5]
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
[6]
Be anchored to prevent flotation;
[7]
Have electrical service and mechanical equipment elevated to
or above the base flood elevation;
[8]
Shall be provided with flood openings which shall meet the following
criteria:
[a]
There shall be a minimum of two flood openings
on different sides of each enclosed area; if a building has more than
one enclosure below the lowest floor, each such enclosure shall have
flood openings on exterior walls.
[b]
The total net area of all flood openings shall
be at least one square inch for each square foot of enclosed area
(nonengineered flood openings), or the flood openings shall be engineered
flood openings that are designed and certified by a licensed professional
engineer to automatically allow entry and exit of floodwaters; the
certification requirement may be satisfied by an individual certification
or an evaluation report issued by the ICC Evaluation Service, Inc.
[c]
The bottom of each flood opening shall be one foot
or less above the higher of the interior floor or grade, or the exterior
grade, immediately below the opening.
[d]
Any louvers, screens or other covers for the flood
openings shall allow the automatic flow of floodwaters into and out
of the enclosed area.
(e)
Standards for manufactured homes and recreational vehicles.
[1]
In zones A, AE, and AH all manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in Article III, Subsection C(1)(a)[6] and D(2) and (3).
[2]
All recreational vehicles placed on sites must either:
[a]
Be on the site for fewer than 180 consecutive days,
be fully licensed and ready for highway use (a recreational vehicle
is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick disconnect type utilities and
security devices and has no permanently attached additions); or
[b]
Meet all the requirements for manufactured homes in Subsection D(3)(e)[1].
(4)
Standards for subdivision proposals.
(a)
All subdivision proposals shall be consistent with the need
to minimize flood damage;
(b)
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(c)
All subdivision proposals shall have adequate drainage provided
to reduce exposure to flood hazards; and
(d)
Base flood elevation data shall be obtained from other sources
or developed using detailed methodologies, hydraulic and hydrologic
analysis, comparable to those contained in a Flood Insurance Study
for subdivision proposals and other proposed development proposals
(including manufactured home parks and subdivisions) that exceed 50
lots or five acres, whichever is the lesser.
E.
Existing structures in floodplain areas. Any structure or use of
a structure or premises which lawfully existed before February 28,
2023, must be brought into conformity with these provisions when it
is changed, repaired, or improved unless one of the following exceptions
is established before the change is made:
(1)
The Floodplain Manager has determined that:
(a)
Change is not a substantial repair or substantial improvement;
and
(b)
No new square footage is being built in the floodplain that
is not compliant; and
(c)
No new square footage is being built in the floodway; and
(e)
The change, when added to all the changes made during a rolling
five-year period, does not constitute 50% of the structure's value.
(2)
The changes are required to comply with a citation for a health
or safety violation.
(3)
The structure is an historic structure and the change required
would impair the historic nature of the structure.
F.
Variances; factors to be considered.
(1)
Variances shall be issued only upon:
(2)
While the granting of variances generally is limited to a lot
size less than one-half acre, deviations from that limitation may
occur. However, as the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases.
Variances may be issued by the Board of Zoning Appeals for new construction
and substantial improvements to be erected on a lot of 1/2 acre or
less in size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the provisions
of this subsection.
(3)
Variances may be issued for new construction and substantial
improvements and for other development necessary for the conduct of
a functionally dependent use provided that the criteria of this subsection
are met, and the structure or other development is protected by methods
that minimize flood damages during the base flood and create no additional
threats to public safety.
(4)
In passing upon applications for variances, the Board of Zoning
Appeals shall satisfy all relevant factors and procedures specified
in other sections of the Zoning Ordinance and consider the following
additional factors:
(a)
The danger to life and property due to increased flood heights
or velocities caused by encroachments. No variance shall be granted
for any proposed use, development, or activity within any floodway
district that will cause any increase in the one-percent-chance flood
elevation.
(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 the individual 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 not subject to flooding
for the proposed use.
(h)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(i)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
(j)
The safety of access by ordinary and emergency vehicles to the
property in time of flood.
(k)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the floodwaters expected at the site.
(l)
The historic nature of a structure. Variances for repair or
rehabilitation of historic structures may be granted upon a determination
that the proposed repair or rehabilitation will not preclude the structure's
continued designation as an historic structure and the variance is
the minimum necessary to preserve the historic character and design
of the structure.
(m)
No variance shall be granted for an accessory structure exceeding
600 square feet. [Note: See Section D(3)(d).]
(5)
The Board of Zoning Appeals may refer any application and accompanying
documentation pertaining to any request for a variance to any engineer
or other qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related
matters.
(6)
Variances shall be issued only after the Board of Zoning Appeals
has determined that the granting of such will not result in: a) unacceptable
or prohibited increases in flood heights; b) additional threats to
public safety; c) extraordinary public expense; and will not d) create
nuisances; e) cause fraud or victimization of the public; or f) conflict
with local laws or ordinances.
(7)
Variances shall be issued only after the Board of Zoning Appeals
has determined that the variance will be the minimum required to provide
relief.
(8)
The Board of Zoning Appeals shall notify the applicant for a
variance, in writing that the issuance of a variance to construct
a structure below the one-percent-chance flood elevation: a) increases
the risks to life and property; and b) will result in increased premium
rates for flood insurance.
(9)
A record shall be maintained of the above notification as well
as all variance actions, including justification for the issuance
of the variances. Any variances that are issued shall be noted in
the annual or biennial report submitted to the Federal Insurance Administrator.
G.
APPURTENANT OR ACCESSORY STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BOARD OF ZONING APPEALS
COASTAL A ZONE
DEVELOPMENT
ELEVATED BUILDING
ENCROACHMENT
EXISTING CONSTRUCTION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(1)
(a)
(b)
(c)
(2)
FLOOD PROOFING
FLOODPLAIN OR FLOOD-PRONE AREA
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
LETTERS OF MAP CHANGE (LOMC)
(1)
(2)
(3)
LOWEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MEAN SEA LEVEL
NEW CONSTRUCTION
POST-FIRM STRUCTURES
PRE-FIRM STRUCTURES
PRIMARY FRONTAL DUNE
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
REPETITIVE LOSS STRUCTURE
SEVERE REPETITIVE LOSS STRUCTURE
SHALLOW FLOODING AREA
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
(3)
VIOLATION
WATERCOURSE
Defined terms. As used in this section, the following terms shall
have the meanings indicated:
A nonresidential structure which is on the same parcel of
property as the principal structure and the use of which is incidental
to the use of the principal structure. Accessory structures are not
to exceed 600 square feet.
The flood having a one-percent chance of being equalled or
exceeded in any given year.
The water surface elevations of the base flood, that is, the flood level that has a one-percent-or-greater chance of occurrence in any given year. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this § 72-34.3, the base flood is the 1% annual chance flood.
Any area of the building having its floor subgrade (below
ground level) on all sides.
The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of this § 72-34.3.
Flood hazard areas that have been delineated as subject to
wave heights between 1.5 feet and three feet.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, temporary
structures, mining, dredging, filling, grading, paving, excavation,
drilling or other land-disturbing activities or permanent or temporary
storage of equipment or materials.
A nonbasement building built to have the lowest floor elevated
above the ground level by means of solid foundation perimeter walls,
pilings, or columns (posts and piers).
The advance or infringement of uses, plant growth, fill,
excavation, buildings, permanent structures or development into a
floodplain, which may impede or alter the flow capacity of a floodplain.
For the purposes of the insurance program, structures for
which the "start of construction" commenced before the effective date
of the FIRM or before January 1, 1975, for FIRMs effective before
that date. "Existing construction" may also be referred to as "existing
structures" and "pre-FIRM."
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special hazard areas and
the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance
Rate Map (DFIRM).
A report by FEMA that examines, evaluates and determines
flood hazards and, if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudflow and/or
flood-related erosion hazards.
A general or temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters; or
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudflows which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
Any land area susceptible to being inundated by water from
any source.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot at any point within the community.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization in the watershed.
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. This term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and shipbuilding and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by
the Virginia Department of Conservation and Recreation and FEMA, used
to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, and flood profiles.
A letter of map change is an official FEMA determination,
by letter, that amends or revises an effective Flood Insurance Rate
Map or Flood Insurance Study. Letters of map change include:
LETTER OF MAP AMENDMENT (LOMA)An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a land as defined by meets and bounds or structure is not located in a special flood hazard area.
LETTER OF MAP REVISION (LOMR)A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A letter of map revision based on fill (LOMR-F), is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.
CONDITIONAL LETTER OF MAP REVISION (CLOMR)A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study.
The lowest natural elevation of the ground surface next to
the walls of a structure.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of Federal Code
44 CFR 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
For purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or the North American
Vertical Datum (NAVD) of 1988 to which base flood elevations shown
on a community's FIRM are referenced.
For the purposes of determining insurance rates, structures
for which the "start of construction" commenced on or after June 12,
1979, and includes any subsequent improvements to such structures.
For floodplain management purposes, new construction means structures
for which the start of construction commenced on or after the effective
date of a floodplain management regulation adopted by a community
and includes any subsequent improvements to such structures.
A structure for which construction or substantial improvement
occurred on or after June 12, 1979.
A structure for which construction or substantial improvement
occurred before June 12, 1979.
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves during major coastal storms.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel, or seasonal
use.
A building covered by a contract for flood insurance that
has incurred flood-related damages on two occasions in a ten-year
period, in which the cost of the repair, on the average, equalled
or exceeded 25% of the market value of the structure at the time of
each such flood event; and at the time of the second incidence of
flood-related damage, the contract for flood insurance contains increased
cost of compliance coverage.
A structure that: a) is covered under a contract for flood
insurance made available under the NFIP; and b) has incurred flood
related damage: i) for which four or more separate claims payments
have been made under flood insurance coverage with the amount of each
such claim exceeding $5,000, and with the cumulative amount of such
claims payments exceeding $20,000; or ii) for which at least two separate
claims payments have been made under such coverage, with the cumulative
amount of such claims exceeding the market value of the insured structure.
A special flood hazard area with base flood depths from one
foot to three feet where a clearly defined channel does not exist,
where the path of flooding is unpredictable and indeterminate, and
where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
For other than new construction and substantial improvement,
under the Coastal Barriers Resource Act (P.L. 97-348),[1] means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation,
addition, placement, substantial improvement or other improvement
was within 180 days of the permit date. The actual start means either
the first placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the installation of
piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as
clearing, grading and filling; nor does it include the installation
of streets and/or walkways; nor does it include excavation for a basement,
footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages or sheds not occupied as dwelling units
or not part of the main structure. For a substantial improvement,
the actual start of the construction means the first alteration of
any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally aboveground,
as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. It also means flood-related damages sustained by
a structure on two occasions in a ten-year period, in which the cost
of the repair, on the average, equals or exceeds 25% of the market
value of the structure at the time of each such flood event.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures that have incurred "substantial damage"
regardless of the actual repair work performed. The term does not,
however, include either:
[Amended 3-28-2023 by Ord. No. 23-06]
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Historic structures undergoing repair or rehabilitation that
would constitute a substantial improvement as defined above must comply
with all ordinance requirements that do not preclude the structure's
continued designation as an historic structure. Documentation that
a specific ordinance requirement will cause removal of the structure
from the National Register of Historic Places or the State Inventory
of Historic places must be obtained from the Secretary of the Interior
or the State Historic Preservation Officer. Any exemption from ordinance
requirements will be the minimum necessary to preserve the historic
character and design of the structure.
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this § 72-34.3 is presumed to be in violation until such time as that documentation is provided.
A lake, river, creek, stream, wash, channel or other topographic
feature on or over which waters flow at least periodically. Watercourse
includes specifically designated areas in which substantial flood
damage may occur.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
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.
COMMISSION
COMMISSIONER
GOVERNMENTAL ACTIVITY
NONVEGETATED WETLANDS
PERSON
VEGETATED WETLANDS
WETLANDS
WETLANDS BOARD or BOARD
Definitions. The following terms apply to this section, unless the
context requires a different meaning:
The Virginia Marine Resources Commission.
The Commissioner of Marine Resources.
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.
Unvegetated lands lying contiguous to mean low water and
between mean low water and mean high water.
Any individual, corporation, partnership, association, company,
business, trust, joint venture, or other legal entity.
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).
Both vegetated and nonvegetated wetlands.
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 Subsection C(1);
[Amended 12-12-2023 by Ord. No. 23-21]
(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;
[Amended 12-12-2023 by Ord. No. 23-21]
(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; and
[Amended 12-12-2023 by Ord. No. 23-21]
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 § 72-34.4C, shall first file an application for a permit directly with the wetlands board or with the Commission.
[Amended 12-12-2023 by Ord. No. 23-21]
(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 statement indicating whether use of a living shoreline as defined
in § 28.2-104.1 for a shoreline management practice is not
suitable, including reasons for the determination;
[Amended 12-12-2023 by Ord. No. 23-21[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
D(2)(d) through D(2)(l) as Subsection D(2)(e) through D(2)(m), respectively.
(e)
A description of the type of equipment to be used and the means
of equipment access to the activity site;
(f)
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;
(g)
An estimate of cost;
(h)
The primary purpose of the project;
(i)
Any secondary purposes of the project, including further projects;
(j)
The public benefit to be derived from the proposed project;
(k)
A complete description of measures to be taken during and after
the alteration to reduce detrimental offsite effects;
(l)
The completion date of the proposed work, project, or structure;
and
(m)
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 receipt of a complete application,
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 Wildlife Resources,
the State 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 or email these
notices not less than 20 days prior to the date set for the hearing.
The Wetlands Board shall also (i) cause notice of the hearing to be
published at least once in the seven days prior to such hearing in
a newspaper of general circulation in the City of Fredericksburg;
(ii) post a notice of the hearing on its website at least 14 days
prior to such hearing; and (iii) provide a copy of such notice to
the Commission for submittal to the Virginia Regulatory Town Hall.
The published notice shall specify that copies of the application
may be examined in the office of the Stormwater Administrator. The
costs of publication shall be paid by the applicant. In the event
the board submits a correct and timely notice for publication and
the newspaper fails to publish the notice or publishes the notice
incorrectly, the board shall be deemed to have met the notice requirements
of this subsection so long as the notice is published in the next
available edition of such newspaper.
[Amended 12-12-2023 by Ord. No. 23-21]
(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 the Stormwater Administrator.
[Amended 12-12-2023 by Ord. No. 23-21]
(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 section, 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.
[Amended 12-12-2023 by Ord. No. 23-21]
E.
Standards for review.
(1)
In fulfilling its responsibilities under this section, 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 and any standards
set by the Commonwealth in addition to those identified in § 28.2-1308
to ensure protection of shorelines and sensitive coastal habitats
from sea level rise and coastal hazards, including the provisions
of guidelines and minimum standards promulgated by the Commission
pursuant to § 28.2-1301 of the Code of Virginia.
[Amended 12-12-2023 by Ord. No. 23-21]
(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 ordinance or Chapter 13 (§ 28.2-1300 et seq.) of
Title 28.2 of the Code of Virginia.
[Amended 12-12-2023 by Ord. No. 23-21]
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.
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.
(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:
(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:
(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:
(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]
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]
(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.
(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 Pelham Street and Princess Anne Street and running along Princess
Anne Street in a southerly direction to its intersection with Fauquier
Street, excluding any properties within the Creative Maker District.
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."
[Amended 9-8-2020 by Ord. No. 20-17]
(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]
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.
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.
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):
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.[1]
[1]
Editor's Note: Former Section 72-35, Form-Based Regulations,
added 1-22-2019 by Ord. No. 19-01 was repealed 9-8-2020 by Ord. No. 20-17.
[Added 10-25-2022 by Ord. No. 22-19]
A.
Purpose and intent. The Special Tourism and Events Overlay (STEO)
District is hereby created to provide modified parking and development
standards to promote public safety by balancing efficient parking
infrastructure meeting peak demands with a cohesive, navigable, pedestrian
environment reflecting the aesthetic and natural values of the overlay
district by:
(1)
Encouraging the shared use of surface parking areas;
(2)
Providing for alternative site development, layout, and design
that minimizes the reliance on large asphalt parking fields;
(3)
Enhancing the overall appearance and preserving the natural
environment of the City's Special Tourism and Events District to make
them more inviting to tourists and other visitors; and
(4)
Encouraging well-planned transportation facilities that employ
consistent and unifying site design themes and practices and that
provide a diverse range of accessibility to the district (e.g., by
personal automobile, ride-share, or other transit).
B.
Applicability. All lands located within the STEO as designated on
the Official Zoning Map shall be subject to the standards provided
for in the Unified Development Ordinance. The STEO standards shall
apply in addition to any other applicable base and overlay zoning
district standards.
