City of Fredericksburg, VA SECTION 72-51 Density and Layout

72-51.1 Density requirements.

A. Density requirements.

(1) Unbuildable lands.

[Amended 10-24-2017 by Ord. No. 17-26; 1-23-2024 by Ord. No. 23-22]

(a) Fifty percent of the allowable maximum density shall be permitted and calculated for that area of a site containing any or all of the following features, when the sum of such features comprises 25% or more of such site:

[1] One percent annual chance floodplains;

[2] Slopes in excess of 25%;

[3] Quarries or landfills, abandoned mines, or excavation areas;

[4] Soils determined by the Building Official to be unbuildable for residential and street development; and

[5] Chesapeake Bay Resource Protection Areas.

(b) Seventy-five percent of the allowable maximum density shall be permitted and calculated for that area of a site containing any or all of the features set forth in § 72-51.1A(1) above when the sum of such features comprises less than 25% of such site.

(c) The area of a site within the Historic Fredericksburg District that is in the one-percent-annual chance floodplain, but is not in the floodway or otherwise unbuildable, is exempt from the residential density reductions in Subsection A(1)(a)[1] and (b).

(2) Density credits.

(a) Additional density credit, but not to exceed 10% of the maximum allowable density in a given district, may be granted by the City Council on a case-by-case basis, where special amenities or recreational improvements of high construction costs are provided in a given residential development. The phasing and design of such improvements shall be subject to final plan approval and shall be bonded with other site improvements.

(b) Full density credit shall be permitted and calculated for areas needed by the City to be dedicated for a public park, public school site, public facility, or public transportation improvements as indicated on the adopted Comprehensive Plan, provided that such areas are deeded to and accepted by the City. Such dedicated park areas toward the open space requirements of the district in which located.

(c) No density credit shall be given for those areas located within major utility easements or rights-of-way greater than 25 feet in width acquired after October 8, 2013.

(d) In administering the provisions of this section, the Development Administrator shall have the authority to determine the qualifying characteristics of lands to be used for density credit and for open space or landscaped open space in a given district.

(e) Lands in common open space or landscaped open space shall be so covenanted and perpetually improved, maintained, managed and owned by a nonprofit organization or other legal entity established under the laws of the state. Such entity shall be approved by the City Attorney as a condition of final plat approval.

(f) Fractional Units. In Planned Development, Commercial Downtown, Creative Maker zoning districts, and where form-based codes apply, dwelling units are counted as one unit for compliance with maximum permitted density provisions, except:

[1] Multi-family dwellings that are less than 600 square feet shall be counted as one-half of a dwelling unit;

[2] Multi-family dwellings that are 600 to 899 square feet shall be counted as two-thirds of a dwelling unit;

[3] Single-family attached dwelling units that are less than 1,200 square feet shall be counted as three-quarters of a dwelling unit;

[4] In Planned Development districts:

[a] No more than 25% of the total number of actual units in a development shall have fractional status in each of the three categories above.

[b] The total number of actual dwelling units in a development shall not exceed 125% of the total number of actual units allowed by the maximum permitted residential density for the property.

72-51.2 Blocks.

[Amended 1-22-2019 by Ord. No. 19-02]

A. Land subdivided for residential uses, or for mixed use developments with a residential component, shall be divided into blocks that conform to this section.

B. Blocks shall be defined by the center line of an abutting street, or by an abutting railroad right-of-way, trail right-of-way, utility easement greater than 30 feet in width, formal open space, or Resource Protection Area. A block or blocks that together contain up to 25% of the units in a multifamily residential development may be defined by the center line of an abutting parking aisle.

C. Length. The length of a block shall be not less than 250 feet and not more than 600 feet.

D. Depth.

(1) For single-family detached, attached, or duplex uses, the depth of a block shall be sufficient to allow two tiers of lots; however, a depth of a single tier of lots shall be permitted when the rear of the lots abut a street of four or more travel lanes, when a single tier of lots is necessary or desirable as a result of the physiography of a site, or to conform to an established pattern of development.

(2) For multifamily residential uses and mixed use developments with a residential component, the depth of a block shall be not less than 250 feet and not more than 600 feet; however, the depth of a block may be reduced when a single tier of lots is necessary or desirable as a result of the physiography of a site, or to conform to an established pattern of development.

E. Nonconforming blocks. Any proposed blocks of irregular shape, or otherwise failing to conform to the dimensions required in this division, may be approved as an exception to the general regulations, in accordance with the process set forth within § 72-25.3.

72-51.3 Lots.

A. Relationship to street. Each lot shall front on a public street, except as follows:

[Amended 6-10-2014 by Ord. No. 14-21; 1-22-2019 by Ord. No. 19-02]

(1) Lots subdivided for single-family attached and multifamily residential uses in any zoning district except R2 and R4 may front on a private street.

(2) Up to 25% of the lots for single-family detached, single-family attached, and multifamily residential uses in any one section of a subdivision may front on an open space, if the open space abuts a street and if the lot abuts an alley.

(3) Up to 25% of the lots for single-family detached, single-family attached, and multifamily residential uses, in any one section of a subdivision, may front on an alley.

(4) Pipestem lots may be subdivided in conformance with Subsection F, below.

(5) Lots subdivided for nonresidential uses in any zoning district except R2 and R4 may front on a private street or a recorded access easement across another lot. The recorded access easement shall comply with the standards for commercial driveways and:

(a) The lot burdened by the access easement shall front on a public street; and

(b) Such access shall be a use permitted within the zoning district in which the lot burdened by the easement is located.

B. Lot frontage. Lot frontages within the R-2, R-4, R-8, and R-12 zoning districts shall not be less than 80 % of the required lot width. On corner lots, the minimum lot frontage shall be met on both street fronts. Pipe stem lots shall be exempt from the minimum frontage requirement.

[Added 2-11-2020 by Ord. No. 20-02[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections B through F as Subsections C through G, respectively.

C. Corner lots. Corner lots shall have extra width sufficient for the maintenance of required setbacks on both streets upon which the corner lot abuts.

D. Right-of-way lines. Right-of-way lines that form the property lines of lots shall be parallel to the street center line.

E. Size and area. The minimum size and area of a proposed subdivision lot shall be as set forth in the regulations for the zoning district in which the lot will be situated (as stated in Article 72-3, Zoning Districts). The minimum lot size shall not include the following:

(1) Private streets or access easements;

(2) Land encumbered by easement for distribution facilities, transformers, distribution lines, or transmission lines for major power, gas or other utilities, not including easements that are less than 25 feet; or

(3) Environmentally sensitive areas, based on the finished grade following grading, excavation, or other land disturbing activity, specifically defined as:

(a) One-hundred-year floodplains;

(b) Highly erodible soils, including lands with slopes 25% or greater;

(c) Highly permeable soils; and

(d) Ponds, non-tidal wetlands, intermittent streams.

[Amended 2-11-2014 by Ord. No. 14-11]

F. Outparcels.

[Amended 2-24-2015 by Ord. No. 15-05]

(1) The design of a subdivision shall not result in the creation of any remnant or outparcel of land having less than the minimum lot size; however, the City Council for major and minor subdivisions and the Development Administrator for administrative subdivisions may approve a proposed remnant or outparcel under the following circumstances:

(a) The remnant or outparcel is intended for a specific accessory use for the subdivision, and the subdivision plat contains a notation restricting the use and development of the remnant or outparcel to that specific use; or

(b) The remnant or outparcel is intended to be reserved as open space set-aside, and the subdivision plat contains a notation restricting the use and development of the remnant or outparcel to open space use; or

(c) Upon a finding by that the proposed remnant or outparcel will be reserved for another use that will benefit the public (for example, public water, sewer, stormwater or similar utility facilities), and the subdivision plat contains a notation restricting the use and development of the remnant or outparcel to that specific use.

(2) Any remnant or outparcel shall not be accepted for public use unless such property, in the City's determination, is adequate for the proposed public use and acceptable to the City for such dedication and maintenance.

G. Pipestem lots. Pipestem lots shall constitute no more than 10% of the lots in any one section of a subdivision and shall be used only for single-family, detached dwellings. A pipestem driveway shall serve no more than three lots, shall have a width of no less than 12 feet, and shall have a length not greater than 200 feet from the street right-of-way. The final subdivision plat for each pipestem lot shall note that the purchaser assumes all obligations for the ownership, maintenance, and perpetual upkeep of the driveway serving such lot.

H. Lot depth. The depth of a lot shall not exceed five times its width.

[Added 2-11-2020 by Ord. No. 20-02]

I. Planned Development Districts. Lot standards within Planned Development Districts may deviate from the standards in this section in accordance with the following:

[Added 1-23-2024 by Ord. No. 23-22]

(1) Modified standards shall be shown on an approved General Development Plan;

(2) The modifications shall conform to the purpose and intent of the district and the general standards in § 72-50.1.

72-51.4 Cluster subdivisions.

A. Purpose and intent. The purpose and intent of this section is to provide landowners in lower density residential zoning districts a development option that provides additional development flexibility to build on smaller lots when additional open space setasides are provided, and the development is designed and located in a way that protects the natural and historic features on the site. This is done in order to conserve open land, allow development on land which includes significant natural resources and unbuildable lands, and to link environmental resource areas together.

B. Applicability. These cluster subdivision standards may be used only for single-family detached residential development in the R-2 and R-4 Zoning Districts.

[Amended 2-22-2014 by Ord. No. 14-07]

C. Minimum area.

(1) Each cluster subdivision shall be at least two acres in area and shall incorporate no fewer than five lots along with the required open space.

(2) In no instance shall a buildable lot be extended into a floodplain or open space set-aside area.

D. Additional standards.

(1) In no instance shall a cluster subdivision exceed maximum density of the base zoning district where located.

(2) Lots shall be located so as to minimize the need for grading and removal of existing vegetation.

(3) The cluster subdivision shall promote a harmonious relationship with adjacent land, to the maximum extent practicable. This may be accomplished through coordination of lot sizes with lots on adjacent lands, location of buildings in areas away from view of existing development or rights-of-way, or through the use of landscape buffering along the perimeter of the subdivision.

E. Open space set-aside.

(1) Each cluster subdivision shall set aside at least 25% of the total subdivision area as permanent private common open space.

(2) At least 60% of the open space set-aside shall be configured as one single parcel. Street right-of-way may go through an open space area and still allow the area to be considered as one parcel for the purpose of meeting the 60% requirement.

(3) Open space set-asides shall be located and configured to connect with open space and recreation areas on adjacent lands, to the maximum extent practicable.

Figure 72-51.4. Example Cluster Subdivision

72-51.5 Open space.

A. Open space standards.

(1) Calculation of open space set-asides.

(a) Features counted as open space set-asides. The following site features shall be credited towards the open space set-aside requirement:

[1] Existing water features: drainage canals, lakes, natural ponds, streams, rivers, etc., wetlands, floodplains, and areas of steep slopes of 25% and greater.

[2] Required landscaping and tree protection zones: areas occupied by required landscaping or tree protection zones.

[3] Recreation and park areas: lands used for recreation, parks, and gardens.

[4] Private active recreational areas: land occupied by active recreational uses such as pools, playgrounds, tennis courts, jogging trails, and clubhouses.

[5] Private passive recreational areas: passive recreation areas such as trails, walkways, and open fields or meadows.

[6] Functionally-dependent features: docks, swimming platforms, boat launches, and boardwalks providing access to surface waters.

[7] Urban features: plazas, fountains, roof gardens, atriums, and pedestrian seating/activity areas in the C-D District, the Creative Maker District, and planned development districts.

[Amended 9-8-2020 by Ord. No. 20-17]

[8] Stormwater management site amenities: land area occupied by stormwater management devices (including retention ponds, fully vegetated detention basins, and other bioretention devices) that function as a site amenity with access, gentle slopes of 3:1 or less, and pedestrian elements such as paths, benches, and similar features.

(b) Not counted as open space set-asides. The following areas shall not be counted as open space set-asides:

[1] Yards within lots occupied by buildings and structures, which are not subject to an open space or conservation easement;

[2] Areas within public street rights-of-way and private street easements;

[3] Vehicular use areas and driveways for residential dwellings;

[4] Land covered by structures not designated for active recreational uses; and

[5] Designated outdoor storage areas.

(2) Design standards for open space set-asides. Land used as an open space set-aside shall meet the following design standards:

(a) Location. Open space shall be located so as to be readily accessible and usable by residents and users of the development. Where possible, a portion of the open space set-aside should provide focal points for the development (see Figure 72-51.5A(2)(a), Focal Point).

Figure 72-51.5A(2)(a). Focal Point

(b) Adjacent to existing or planned open space. Where the development site is adjacent to existing or planned trails, parks, or other public open area land, the open space set-aside shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the trail, park, or other open area land (see Figure 72-51.5A(2)(b), Open Space Location).

Figure 72-51.5A(2)(b). Open Space Location

(c) Configuration. Lands identified as open space set-aside shall be compact and contiguous unless the land is used as a continuation of an existing trail, or specific natural or topographic features require a different configuration.

(d) Prioritization of open space set-aside. To the maximum extent practicable, every open space set-aside should be located and organized to include, protect, or enhance the following open areas and features:

[1] Environmentally-sensitive lands and natural features such as riparian areas, steep slopes, wildlife corridors, and mature trees (four-inch caliper or greater);

[2] Lands that may extend or enhance existing park or open space features;

[3] Water features such as canals, lakes, natural ponds, and retention and detention ponds configured as amenities;

[4] Landscaped buffers or visual transitions between different types or intensities of uses;

[5] Habitat for endangered species; and

[6] Areas that accommodate multiple compatible open space uses rather than a single use.

(e) Provision in multi-phase developments. Multi-phase development shall designate and reserve open space setasides in phases, so that each phase of development contains, at a minimum, its pro rata share of the total amount of required open space set aside.

(3) Allowable uses in open space set-asides. Open space set-aside areas shall not be disturbed, developed, or improved with any structures except for the following limited purposes:

(a) Active recreation uses. Structures for active recreation purposes — including pedestrian-scaled lighting; gazebos or other decorative structures; fountains or other water features; swimming pools; club houses; play structures for children; gardens or seasonal planting areas; or ball fields used primarily for recreational purposes (equipment or structures shall be indicated on site plans, subdivision plats, or planned development master plans.

(b) Passive recreational uses. Facilities for passive recreational, environmental education, wildlife habitat protection, and natural area preservation purposes — including, but not limited to: undisturbed land; walking, jogging, and biking paths or trails; benches or other seating areas; tables, shelters, grills, and other picnicking facilities; open and unimproved fields or lawn areas; docks and other facilities for fishing; and environmental guides and exhibits.

(c) Public facilities. Public features such as libraries, community centers, museums, historic sites, and similar features.

(d) Conservation lands. Areas of undisturbed land and vegetation.

(e) Farming and forestry lands. Active agricultural operations, including farming and forestry.

(4) Ownership of open space set-asides.

(a) Homeowners' or property owners' association. All open space set-aside areas shall be owned jointly or in common by the owners of the development through a recognized homeowners' or property owners' association.

(b) Nonprofit organization. The landowners may decide to convey an open space set-aside to a nonprofit organization such as a land trust or land conservancy for management and maintenance, with the approval of the City upon a determination by the City that adequate assurance has been provided that the set-aside will be properly managed and maintained.

(c) Dedicated to City or other public agency. In some cases, certain lands designated as open space set-asides, such as wildlife habitat, may be dedicated to the City or other public agency during the development review process. The City Council shall determine which lands and under what conditions the dedication of open space set-asides will be accepted by the City or other public agency.

(5) Maintenance of open space set-asides. The owner of the land within an open space set-aside shall be responsible for its maintenance. The area within an open space set-aside shall be maintained in a condition such that:

(a) It can be safely used for its intended and designated purpose;

(b) It does not constitute a public nuisance; and

(c) It remains in compliance with applicable provisions of this UDO and of other laws and regulations, including, as may be applicable, the Property Maintenance requirements of the Building Code.