Fredericksburg City Zoning Code
Article 72
2 Administration
72-20.1 Planning Commission.
There shall be a Planning Commission for the City. Such body shall have the duties set forth in Chapter 10, Article II, Division 15, of the City Code, and within Code of Virginia Title 15, Chapter 22. The Planning Commission is authorized to make decisions within the Development Review Structure, as set forth within Table 72-21.7 of this chapter.
72-20.2 Board of Zoning Appeals.
There shall be a Board of Zoning Appeals for the City. Such body shall have the duties set forth in Chapter 10, Article II, Division 14, of the City Code, and within Code of Virginia Title 15, Chapter 22. The Board of Zoning Appeals is authorized to make decisions within the Development Review Structure, as set forth within Table 72-21.7 of this chapter.
72-20.3 Architectural Review Board.
There shall be an Architectural Review Board for the City. Such body shall have the duties as set forth in Chapter 10, Article II, Division 2, of the City Code and within Code of Virginia Title 15, Chapter 22. The Architectural Review Board is authorized to make decisions within the Development Review Structure, as set forth within Table 72-21.7 of this chapter.
72-20.4 Zoning Administrator.
A.
Established. The officer assigned to perform the duties of Zoning
Administrator shall be designated by the City Manager, and this officer
may also hold another office. The City Manager may, consistent with
Code of Virginia § 15.2-1502, authorize the Zoning Administrator
to employ one or more deputies and assistants to aid in carrying out
his/her powers and duties.
B.
Authority. The Zoning Administrator and his/her deputies shall have
all necessary authority on behalf of the City to administer and enforce
the zoning provisions of this chapter, in accordance Code of Virginia
§ 15.2-2286. His or her authority shall include:
C.
Inspection. The Zoning Administrator is authorized to inspect facilities
required to be installed under this chapter. The Zoning Administrator
is also authorized to make inspections deemed necessary to properly
administer and enforce this chapter.
[Amended 5-23-2017 by Ord. No. 17-13]
D.
Approval authority. The Zoning Administrator is authorized to make
decisions within the development review structure, or set forth within
Table 72-21.7 of this chapter.
72-20.5 Development Administrator.
A.
Established. The officer assigned to perform the duties of Development
Administrator shall be designated by the City Manager, and this officer
may also hold another office. The City Manager may, consistent with
Code of Virginia § 15.2-1502, authorize the Development
Administrator to employ one or more deputies and assistants to aid
in carrying out his/her powers and duties.
B.
Authority. The Development Administrator shall perform the duties
of the subdivision agent, and shall also be designated to serve as
the City's agent for approval of site plans. The Development Administrator
may be appointed to serve as a deputy or assistant Zoning Administrator.
[Amended 5-23-2017 by Ord. No. 17-13]
C.
Inspection. The Development Administrator is authorized to inspect
facilities required to be installed by this chapter.
D.
Approval authority. The Development Administrator is authorized to
make decisions within the development review structure, as set forth
within Table 72-21.7.
72-20.6 Erosion and Stormwater Management Program Administrator.
[Amended 6-25-2024 by Ord. No. 24-19]
A.
Established. The City Manager shall appoint a Stormwater Administrator
for approval of erosion and sediment control and stormwater management
plans, and this officer may also hold one or more other City offices.
The City Manager may authorize such officer to employ one or more
deputies and assistants to aid in carrying out his/her powers and
duties, consistent with Code of Virginia § 15.2-1502.
B.
Authority. The Stormwater Administrator shall have all necessary
authority on behalf of the City, for administration and enforcement
of the City's Erosion and Sediment Control, pursuant to the Code of
Virginia, § 62.1-44.15:51 et seq., and Stormwater Management
Programs, pursuant to Code of Virginia, § 62.1-44.15:24
et seq.
72-21.1 Purpose and applicability.
A.
This section sets forth the review and approval procedures that apply
generally to applications required or authorized in this chapter.
B.
The specific procedures followed in reviewing various applications
for development approval differ. Reference shall be made to the appropriate
section in this chapter which addresses the procedures and requirements
of a particular application. Generally, the procedures for all applications
have three common elements:
C.
Submittal dates are established in the Procedures Manual for each
type of specific application.
72-21.2 Pre-application conference.
A.
Purpose. A pre-application conference provides an applicant with
information on the applicable provisions of this chapter. The conference
also informs the applicant about the preparation of the application
and allows an informal discussion of the application and the review
process. The conference also familiarizes City staff with the characteristics
of a property and its proposed use or development.
B.
Mandatory. Except for applications initiated by City staff, the Planning
Commission, or the City Council, the pre-application conference between
the applicant and the City staff shall be mandatory before submission
of the following types of applications:
C.
Optional. A pre-application conference is optional for any application
other than those listed above, if desired by the applicant.
D.
Non-binding. The pre-application conference is intended to facilitate
the application process. Discussions held within or in relation to
a pre-application conference, and comments or information provided
by any member(s) of the Preliminary Plan Committee, are not binding
on the City and shall not constitute any official action or decision
of the City or its officers, agents or employees. Persons seeking
official determinations or decisions from the City are required to
officially submit an application in accordance with applicable provisions
of this chapter.
72-21.3 Application materials.
Forms required for or in connection with applications to be
made under this chapter are available in, and shall be filed with
the offices of the Zoning Administrator, the Development Administrator,
or the Stormwater Administrator.
72-21.4 Application content.
A.
The receiving administrator shall establish the requirements for
the content and form for each type of application reviewed under this
chapter, and amend and update these requirements as necessary to ensure
effective and efficient review. These materials shall be placed in
the Procedures Manual.
B.
The applicant bears the burden of ensuring that an application contains
sufficient information to demonstrate compliance with all applicable
standards.
72-21.5 Application fees.
The City Council shall adopt an ordinance to establish application
fees, and may amend and update those fees from time to time, in accordance
with Code of Virginia § 15.2-107.
72-21.6 Acceptance of complete application.
A.
On receiving an application, the receiving administrator shall, within
a reasonable period of time, determine whether the application is
complete. A complete application is one that:
(1)
Contains all information and materials established in this chapter
or specified in the Procedures Manual as required for submittal;
(2)
Is in the form established by the receiving administrator as
required for submittal of the particular type of application;
(3)
Includes information in sufficient detail to evaluate the application
to determine whether it complies with the appropriate review standards
of this chapter;
(4)
Is accompanied by the fee established for the particular type
of application; and
(5)
With a Zoning Map amendment, special exception, special use
permit, variance, or other land disturbing permit application, including
erosion and sediment control permits, the applicant shall provide
satisfactory evidence that any delinquent real estate taxes, nuisance
charges, stormwater management utility fees, and any other charges
that constitute a lien on the subject property, that are owed to the
locality and have been properly assessed against the subject property,
have been paid.
B.
On determining that the application is incomplete, the receiving
administrator shall notify the applicant in writing of the submittal
deficiencies. The applicant may correct the deficiencies and resubmit
the application for completeness determination.
C.
On determining that the application is complete, the receiving administrator
shall accept the application as being officially submitted and shall
schedule the application for review and action in accordance with
the procedures and standards of this chapter. Any application requiring
a review and recommendation by the Planning Commission shall be deemed
referred to the Commission as of the date of official submission.
72-21.7 Development review structure.
[Amended 2-24-2015 by Ord. No. 15-05; 1-10-2017 by Ord. No. 16-28; 5-23-2017 by Ord. No. 17-13]
Table 72-21.7, Development Review Structure, summarizes the
roles of the advisory and decision-making bodies that participate
in the process of review and approval of applications required or
authorized by this chapter.
Table 72-21.7: Development Review Structure | ||||||
|---|---|---|---|---|---|---|
D = Decision R = Review/Recommendation A = Appeal
<> = Public Hearing | ||||||
Specific Review Procedure | City Council | Planning Commission | BZA | ARB | Zoning Administrator | Development Administrator |
Administrative Decisions — Zoning | ||||||
Administrative Modification | <A> | D | ||||
Corridor design review — all other than ARB | A | D | ||||
Enforce and administer conditional zoning | A | D | ||||
Fence permit | <A> | D | ||||
Home occupation permit | <A> | D | ||||
Nonconforming use, change | <A> | D | ||||
Nonconforming use, minor expansion | <A> | D | ||||
Residential lot grading plans | D | |||||
Sign permit | <A> | D | ||||
Site plan, commercial or residential; site plan exceptions | D | |||||
Temporary use permit | <A> | D | ||||
Zoning map interpretation | <D> | R | ||||
Zoning permit | <A> | D | ||||
Zoning verification | D | |||||
Legislative and Other Decisions | ||||||
Certificate of appropriateness | A | <D> | R | |||
Certificate of public facilities | A | <D> | R | |||
Comprehensive Plan amendment | <D> | <R> | R | |||
Special exception | <D> | <R> | R | |||
Special use permit | <D> | <R> | R | |||
Text amendment | <D> | <R> | R | |||
Zoning Map amendment | <D> | <R> | R | |||
-Conditional zoning | <D> | <R> | R | |||
-Planned Development | <D> | <R> | R | |||
Variance | R | <D> | R | |||
Subdivisions | ||||||
Administrative subdivision | A | R | D | |||
Final plat for major subdivision | R | D | ||||
Final plat for minor subdivision with preliminary plat
approval | R | D | ||||
Final plat for minor subdivision without preliminary
plat | <D> | R | R | R | ||
Preliminary plat for major subdivision | <D> | R | R | |||
Subdivision exception, administrative | R | D | ||||
Subdivision exception, major | D | R | R | |||
Subdivision exception, minor | D | R | R | |||
72-21.8 Notice of public hearings.
[Added 5-23-2017 by Ord.
No. 17-13]
Notice of public hearings shall be provided as follows:
A.
Published. Notice of a public hearing before the Architectural Review
Board, Board of Zoning Appeals, Planning Commission, or City Council
shall be published as required by Virginia Code § 15.2-2204;
for Zoning Map amendments, as also provided by Virginia Code § 15.2-2285C.
B.
Written notice. Written notice of a public hearing for new construction
before the Architectural Review Board, and for any public hearing
before the Board of Zoning Appeals, Planning Commission, or City Council
shall be provided as required by Virginia Code § 15.2-2204;
for Zoning Map amendments, as also provided by Virginia Code § 15.2-2285C.
C.
Posted notice. Notice of a public hearing before the Board of Zoning
Appeals, Planning Commission, or City Council shall be posted for
any application or transaction affecting 25 parcels of land or fewer,
as follows:
(1)
The sign shall be posted at least five days before the public
hearing and shall remain posted until after there is final action
on the application or the application has been withdrawn.
(2)
The sign shall be erected within 10 feet of each boundary line
of the parcel(s) that abuts a street and shall be so placed as to
be clearly visible from the street. If more than one street abuts
the parcel(s) then either (i) a sign shall be erected in the same
manner as above for each abutting street; or (ii) if the area of the
parcel(s) to be used if the application was granted is confined to
a particular portion of the parcel(s), a sign erected in the same
manner as above for the abutting street that is in closest proximity
to, or would be impacted by, the proposed use. A sign need not be
posted along Interstate 95 or along any abutting street if the sign
would not be visible from that street. If no street abuts the parcel(s),
then signs shall be erected in the same manner as above on at least
two boundaries of the parcel(s) abutting land not owned by the applicant
in locations that are most conspicuous to the public.
(3)
Each sign shall state that the parcel(s) is subject to a public
hearing and explain how to obtain additional information about the
public hearing.
(4)
The applicant shall diligently protect each sign from vandalism
and theft, maintain each sign in an erect position in its posted location,
and ensure that each sign remains legible. The failure of an applicant
to comply with these responsibilities may be cause for the body to
defer action on an application until there is reasonable compliance
with this subsection.
(5)
It shall be unlawful for any person to remove or tamper with
any sign, except the applicant performing maintenance required by
this subsection or the Zoning Administrator.
(6)
The body conducting the public hearing may defer taking action
on the pending transaction if it finds that the failure to comply
with this subsection materially deprived the public of reasonable
notice of the public hearing.
(7)
No action shall be declared invalid solely because of the failure
to post notice as required by this subsection.
D.
Website notice. The relevant administrative staff shall post each
public hearing notice on the City's official website at least 14 days
prior to the public hearing. No action shall be declared invalid solely
because of the failure to post notice to the City website as required
by this subsection.
72-21.9 Notice of certain administrative actions.
[Added 5-23-2017 by Ord.
No. 17-13]
A.
Written notice. Written notice of administrative actions, when required
by this article, shall be provided as follows:
(1)
The Administrator shall give, or require the applicant to give,
all adjacent property owners written notice of the application, and
an opportunity to respond to the application, within 21 days of the
date of the notice.
(2)
Notice sent by certified mail to the last known address of such
owner as shown on the current real estate tax assessment books or
current real estate tax assessment records shall be deemed adequate
compliance with this requirement.
(3)
Notice sent by the Administrator may be sent by first class
mail; however, a representative of the department shall make an affidavit
that such mailings have been made and file such affidavit with the
record of the application.
B.
Website notice. When required by this article, the Administrator
shall post notice of the application on the City's official website
at least five days prior to any action on the application.
72-22.1 General procedures.
A.
Purpose and applicability. The purpose of this section is to provide
uniform procedures for any application which requires a public hearing
and recommendation by the Planning Commission, and a public hearing
and decision by the City Council, see Table 72-21.7.
B.
Initiation.
(4)
A special use permit or special exception may be initiated by
application of the owner or contract purchaser of the property that
is the subject of the proposed special use permit or special exception.
(5)
Whenever the City Council or the Planning Commission initiate
an amendment, either to the official map or the ordinance text, the
public purposes for such an amendment shall be clearly stated.
C.
Concurrent applications. A map amendment application may be accompanied
by an application for a special use permit or special exception, and
such dual applications may be processed and reviewed concurrently.
Any application for a special use permit may be accompanied by an
application for a special exception, and such dual applications may
be processed and reviewed concurrently.
E.
Planning Commission review and recommendation.
(1)
The provisions of this subsection shall apply to every application
on which the Planning Commission is required to make a study and recommendation.
(2)
Prior to making any recommendation to the City Council on an
application subject to the requirements of Code of Virginia § 15.2-2285,
the Planning Commission shall advertise and hold at least one public
hearing pursuant to public notice, as required by Code of Virginia
§ 15.2-2204.
(3)
The Planning Commission shall consider applicable provisions of the Comprehensive Plan, as well as factors, criteria and standards set forth within Code of Virginia Title 15.2, Chapter 2, and this chapter.
(4)
The Planning Commission shall review an application and shall
report its findings and recommendations to the City Council, along
with any appropriate explanatory material.
(a)
The Commission's findings and recommendations for a proposed
UDO text amendment, or a proposed Zoning Map amendment, shall be transmitted
to City Council within 100 days after the first Planning Commission
meeting after the application is referred to the Commission;
(b)
Failure of the Commission to report to the City Council within
the time frame set forth above shall be deemed a recommendation of
approval, unless the application has been withdrawn by the applicant
prior to the expiration of the time period.
(5)
Any recommendation of the Commission shall be deemed advisory
and shall not be binding on the City.
F.
City Council study and action.
[Amended 5-23-2017 by Ord. No. 17-13]
(1)
Before acting on any application subject to the requirements
of Code of Virginia § 15.2-2285, the City Council shall
advertise and hold at least one public hearing. The City Council may
hold a joint public hearing with the Planning Commission. After holding
this hearing and receiving the recommendation of the Planning Commission,
the City Council may make appropriate changes or corrections to the
proposed amendment. However, no land may be zoned to a more intensive
use classification than was contained in the public notice without
an additional public hearing after notice as required by Code of Virginia
§§ 15.2-2285 and 15.2-2204.
(2)
The Clerk of Council shall transmit official notice of any City
Council action modifying this chapter to the Zoning Administrator.
The Zoning Administrator shall thereafter have the responsibility
to make any necessary and appropriate changes to the Official Zoning
Map.
G.
Withdrawal of application. An applicant may withdraw an application
by submitting a statement to that effect in writing to the Zoning
Administrator or Development Administrator as appropriate. In the
event of and upon such withdrawal, processing of the application shall
cease without further action.
H.
Appeals. Every action contesting a decision of the City Council adopting
or failing to adopt a proposed zoning ordinance or amendment thereto,
or granting or failing to grant a special use permit or special exception,
shall be filed within 30 days of the decision with the Fredericksburg
Circuit Court pursuant to Code of Virginia § 15.2-2285F.
[Amended 5-23-2017 by Ord. No. 17-13]
I.
Subsequent applications.
(1)
Once an application for a Zoning Map amendment, special use
permit, special exception, variance, a certificate of appropriateness,
or administrative modification has been officially submitted, substantially
the same petition will not be accepted for reconsideration within
a period of one year.
(2)
Following a denial of approval for a proposed site plan or subdivision
plat, a land owner may modify, correct, and resubmit the site plan
or subdivision plat for approval at any time. Each resubmission shall
be processed as a discrete application, and shall be accompanied by
the applicable fee(s) and required application materials.
72-22.2 The Comprehensive Plan.
A.
Preparation.
(1)
The Planning Commission shall prepare and recommend a Comprehensive
Plan for the physical development of the City.
(2)
In the preparation of a Comprehensive Plan, the Planning Commission
shall make careful and comprehensive surveys and studies of the existing
conditions and trends of growth, and of the probable future requirements
of its territory and inhabitants. The Comprehensive Plan shall be
made with the purpose of guiding and accomplishing a coordinated,
adjusted and harmonious development of the territory which will, in
accordance with present and probable future needs and resources, best
promote the health, safety, morals, order, convenience, prosperity
and general welfare of the inhabitants, including the elderly and
persons with disabilities.
(3)
The Comprehensive Plan shall be general in nature, in that it
shall designate the general or approximate location, character, and
extent of each feature, including any road improvement and any transportation
improvement, shown on the plan and shall indicate where existing lands
or facilities are proposed to be extended, widened, removed, relocated,
vacated, narrowed, abandoned, or changed in use as the case may be.
(4)
The preparation, scope, purpose, and implementation of the Comprehensive Plan shall comply with the applicable provisions of Code of Virginia Title 15.2, Chapter 22, Article 3.
(5)
Prior to the recommendation of a Comprehensive Plan or any part
thereof, the Planning Commission shall: (i) post the plan or part
thereof on the City's website; (ii) give public notice; and (iii)
hold a public hearing on the plan, all in compliance with the requirements
of Code of Virginia § 15.2-2225.
(6)
Upon approval, the Planning Commission shall by resolution recommend
the plan, or part thereof, to the governing body and a copy shall
be certified to the governing body by the secretary of the Planning
Commission, and the Planning Commission shall otherwise comply with
the requirements of Code of Virginia § 15.2-2225.
(7)
Inadvertent failure to post information on a website in accordance
with this section shall not invalidate action taken by the Planning
Commission following notice and public hearing as required herein.
B.
Adoption or disapproval.
(1)
After certification of the plan or part thereof, the City Council
shall post the Comprehensive Plan on the City's website, hold at least
one public hearing pursuant to public notice, and proceed to a consideration
of the plan or part thereof, all in accordance with Code of Virginia
§ 15.2-2226.
(2)
The City Council shall act within 90 days of the Planning Commission's
recommending resolution.
(3)
The City Council may approve and adopt, amend and adopt, or
disapprove the plan.
(4)
Any Comprehensive Plan or part thereof adopted by the City Council
shall be posted on the City's website.
(5)
Inadvertent failure to post information on the City's website
shall not invalidate action taken by the City Council following notice
and public hearing as required herein.
C.
Periodic review. At least once every five years, the Comprehensive
Plan shall be reviewed by the Planning Commission to determine whether
it is advisable that the plan be amended.
D.
Amendments. After the adoption of a Comprehensive Plan, all amendments
to it shall be recommended, and approved and adopted, respectively,
as provided by Code of Virginia, § 15.2-2229.
E.
Legal status and certification of public facilities.
[Amended 5-23-2017 by
ord. No. 17-13]
(1)
The legal status of the Comprehensive Plan shall be as provided
in Code of Virginia § 15.2-2232.
(2)
Unless a feature is already shown in the Comprehensive Plan,
or is deemed so under § 15.2-2232D, no public facility referenced
in Code of Virginia § 15.2-2232A shall be constructed, established
or authorized, unless and until the general location or approximate
location, character and extent thereof has been submitted to and approved
by the Planning Commission as being substantially in accord with the
adopted Comprehensive Plan or part thereof. Prior to consideration
of any such application, the Planning Commission shall hold a public
hearing. Widening, narrowing, extension, enlargement, vacation or
change of use of streets or public areas shall likewise be submitted
for approval, but paving, repair, reconstruction, improvement, drainage
or similar work and normal service extensions of public utilities
or public service corporations shall not require approval unless such
work involves a change in location or extent of a street or public
area.
(a)
The Planning Commission shall act on any such application within
60 days of the date the application is officially submitted, unless
City Council extends the time.
(b)
The Commission shall act on an application for certification
of a telecommunications facility submitted as required by the Code
of Virginia § 15.2-2232, within 90 days of the date the
application is officially submitted, unless City Council has authorized
an extension of not more than 60 days.
(c)
The Planning Commission shall communicate its findings to the
City Council, indicating its approval or disapproval with written
reasons therefor.
(3)
The owner or owners or their agents may appeal the decision
of the Planning Commission to the City Council within 10 days after
the decision of the Planning Commission. The appeal shall be by written
petition to the City Council setting forth the reasons for the appeal.
The City Council shall hear and determine the appeal within 60 days
from its filing. The City Council may review the Planning Commission's
action on its own initiative. A majority vote of the City Council
shall overrule the Planning Commission.
F.
The Development Administrator shall deem public streets and public
utility extensions as features already shown in the Comprehensive
Plan when they are identified within, but are not the entire subject
of, a subdivision plat or a site plan that complies with the requirements
of Article 5.
[Added 5-23-2017 by Ord.
No. 17-13]
72-22.3 UDO text amendments.
Text amendments to this chapter shall proceed through the standard public hearing process set forth in § 72-22.1, General procedures.
72-22.4 Official Zoning Map amendments/conditional zoning.
A.
Purpose and applicability.
(1)
Requests for reclassification of the zoning for specific property, also referred to in this chapter as "Zoning Map amendments," constitute amendments of the City's zoning regulations, and therefore such applications shall proceed through the standard public hearing process set forth in § 72-21.1, and in accordance with the requirements of Code of Virginia §§ 15.2-2285 and 15.2-2286(A)(7).
[Amended 5-23-2017 by Ord. No. 17-13]
(2)
Pursuant to the authority granted within Code of Virginia §§ 15.2-2296
and 15.2-2303 and the provisions of this chapter, the City Council
may approve an application for an amendment of the zoning classification
of any property, subject to reasonable conditions proffered by the
applicant for the protection of the community, which conditions are
not generally applicable to land similarly zoned.
[Amended 1-14-2014 by Ord. No. 14-02]
(3)
It is the purpose of this section to implement the general state
policy articulated with the Code of Virginia § 15.2-2296,
and thereby to provide a flexible and adaptable zoning method to accommodate
differing land uses through a mechanism for addressing and reconciling
conflicts between competing or incompatible land uses. Frequently,
traditional zoning methods and procedures are inadequate to address
such conflicts.
(4)
City Council may consider and act upon conditions proffered
as part of an application for approval of an amendment of the zoning
classification of any property, in accordance with the standards and
criteria set forth within Code of Virginia § 15.2-2303.
[Amended 1-14-2014 by Ord. No. 14-02]
(5)
City Council may accept or reject any or all of the conditions
set forth within a statement of proffered conditions.
B.
Process.
(1)
Applications for Zoning Map amendments shall be made to the
Zoning Administrator.
(2)
Submittal requirements for conditional zoning are contained
in the UDO Procedures Manual.
(3)
No application for approval of conditional zoning shall be deemed
officially submitted until proffers are submitted in writing.
(4)
All written statements of proffered conditions shall be prepared
and submitted in accordance with the City's UDO Procedures Manual.
Each statement of proffered conditions shall be signed and dated by
the owner prior to the City Council public hearing.
[Amended 5-23-2017 by Ord. No. 17-13]
D.
Changes to proffers while application is pending.
[Amended 5-23-2017 by Ord. No. 17-13]
(1)
Proffers may be amended during the process of application review
by the City Council. Once a public hearing has begun, amended proffers
may be accepted for review and consideration as part of an application,
if the amendment(s) does not materially affect the overall proposal,
or zone the land to a more intensive use classification than was contained
in the public hearing notice. If amended proffers materially affect
the overall proposal, or would zone the land to a more intensive use
classification than was contained in the public hearing notice, then
the City Council shall hold a new public hearing on the amended application.
The City Council may, at its option, refer the amended application
to the Planning Commission for a new public hearing and recommendation.
(2)
The applicant shall reimburse the City for all costs of any
additional public hearings necessitated by amended proffers submitted
after a public hearing has begun.
E.
Effect of accepted proffers.
(1)
Once proffered and accepted by the City Council as part of an
amendment to its zoning regulations, proffered conditions shall continue
in full force and effect until a subsequent amendment changes the
zoning on the property covered by such conditions; provided, however,
that such conditions shall continue if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised
body of zoning regulations.
(2)
Following acceptance of proffered conditions by the City Council,
such conditions shall become zoning regulations applicable to the
subject property, in addition to the zoning regulations set forth
within this UDO. Thereafter, the use and development of the subject
property shall be in conformance with the proffered conditions, and
other applicable zoning regulations.
F.
Recordation of notice of conditional zoning. Within 30 days after
City Council approval of proffered conditions, the applicant shall
cause a notice of conditional zoning to be recorded among the land
records of the Circuit Court of the City, in a form approved by the
City Attorney, indicating that such proffered conditions shall run
with the rezoned property and shall remain in effect until the City
Council amends the zoning on the property or otherwise modifies the
conditions. A copy of the recorded notice shall be provided to the
Zoning Administrator.
G.
Administrative record of conditions. The Zoning Map shall show by
an appropriate symbol on the map the existence of conditions attached
to the zoning on the map. The Zoning Administrator shall keep and
make available for public inspection a conditional zoning index. The
index shall provide ready access to the ordinance creating the conditions
in addition to the regulations provided for in a particular zoning
district or zone, and the Zoning Administrator shall otherwise maintain
the index in accordance with the requirements of Code of Virginia
§ 15.2-2300.
H.
Amendments and variations of conditions. The owner of any property
subject to conditions proffered and accepted by City Council in connection
with a zoning reclassification may apply to City Council for amendments
to or modifications of such conditions, subject to the provisions
of Code of Virginia § 15.2-2302. Any such application shall
be submitted and processed as a new application, subject to the same
submission requirements and approval process as the original application.
I.
Guarantee of conditions. The Development Administrator shall have
the authority to require the owner to give a guarantee, satisfactory
to City Council, in an amount sufficient for and conditioned upon
the construction of any physical improvements required by the conditions,
or a contract for the construction of such improvements and the contractor's
guarantee. Such guarantee shall be reduced or released by the City
Council upon the submission of satisfactory evidence that the construction
of such improvements has been completed in whole or in part.
J.
Enforcement of conditions.
(1)
The Zoning Administrator shall be vested with all necessary
authority on behalf of the City Council to administer and enforce
conditions proffered and accepted by City Council as part of a zoning
amendment, including:
(2)
Failure of a property owner to meet all conditions attached
to the zoning of his property shall constitute a zoning violation
and cause to deny approval of any required use, occupancy, or building
permit, as may be appropriate.
K.
Review of condition enforcement decisions. Any zoning applicant or
any other person aggrieved by a decision of the Zoning Administrator
made pursuant to the provisions of § 72.22.4 may petition
the City Council for a review of the decision. All such petitions
for review shall be filed with the Zoning Administrator and with the
Clerk of Council within 30 days from the date of the decision for
which review is sought. All such petitions shall specify the grounds
upon which the petitioner is aggrieved. Appeals brought pursuant to
this subsection shall be governed by Code of Virginia § 15.2-2301.
72-22.5 Official Zoning Map amendments/planned development districts.
A.
Purpose and applicability.
(1)
The provisions of this section shall establish the requirements
for review and approval of areas designated for mixed use or planned
unit developments. Any application to rezone land to a planned development
zoning district shall be considered in accordance with the procedure
for an application for conditional zoning, as supplemented herein.
Any such application shall be accompanied by a General Development
Plan. Matters depicted and described on the General Development Plan,
and any written materials submitted as part of such plan constitute
proffered conditions.
B.
Process. To initiate a request for the rezoning of property to a
planned development zoning district, an applicant shall complete a
rezoning application, which shall be submitted to the Zoning Administrator.
In addition to the submission requirements set forth within the UDO
Procedures Manual, the application shall be accompanied by a proposed
General Development Plan as described in the Procedures Manual.
C.
General Development Plan.
(1)
The proposed General Development Plan, and any amendments thereto
submitted during the process of reviewing the application, shall be
reviewed using the same procedure set forth within this § 72.22.5.
(2)
Once accepted and approved as part of the approval of a zoning
reclassification, the plan approved by City Council shall be referred
to as the Final General Development Plan.
(3)
Once accepted and approved, the use and development of the subject property shall be in compliance with the requirements of § 72-33 of this chapter and with the contents of the Final General Development Plan. The zoning regulations applicable to the property, including, without limitation, the contents of the General Development Plan, shall be administered and enforced by the Zoning Administrator as set forth within §§ 72-22.4 and 72-70 et seq. of this chapter, as applicable.
(4)
[1]Revisions to Final General Development Plan. Any substantial
changes to an approved Final General Development Plan must be submitted
and approved in the same manner as the original plan, including, without
limitation, each of the following:
(a)
Any increase in the density of the development;
(b)
Substantial change in circulation or access;
(c)
Substantial change in the mixture of dwelling unit types included
in the project;
(d)
Substantial change in grading or utility provisions;
(e)
Substantial change in the mixture of land uses or an increase
in the amount of land devoted to commercial, office, or institutional
purposes;
(f)
Any reduction in the amount of approved open space, landscaping,
or buffering;
(g)
Substantial change in architectural or site design features
of the development; and
(h)
Any other change that the Administrator finds not to be in substantial
conformity with the approved final General Development Plan.
[1]
Editor's Note: Former Subsection C(4), providing that the
Final General Development Plan shall have the effect of an approved
preliminary subdivision plat, was repealed 9-13-2022 by Ord. No. 22-18, which ordinance also
renumbered former Subsection D(5) through (7) as Subsection D(4) through
(6), respectively.
(5)
The Zoning Administrator is hereby granted authority to approve
a minor modification to an approved Final General Development Plan,
upon a finding that such plan, as modified, will remain in substantial
conformity with the original approved Final General Development plan.
(6)
Other changes to a Final General Development Plan may be approved
as follows:
(a)
The Zoning Administrator may grant a requested modification
from any provision of § 72-33, or of the final General Development
Plan.
(b)
Special exceptions may be granted by City Council, with respect to generally applicable regulations set forth within § 72-33 (Planned development districts), in accordance with § 72-22.7 (Special exceptions) of this chapter.
(c)
The Development Administrator may approve changes involving
subdivision standards and requirements, in accordance with provisions
of Article 72-5 of this chapter applicable to amendments of approved
preliminary subdivision plats.
72-22.6 Special use permits.
A.
Purpose and applicability.
(1)
The purpose of this section is to provide for certain uses which,
because of their unique characteristics or potential impacts on neighboring
properties or the public, are not generally permitted in certain zoning
districts as a matter of right, but which may, under the right set
of circumstances and conditions, be acceptable in certain specific
locations. These uses are permitted only through the issuance of a
special use permit by the City Council after ensuring that the use
can be appropriately accommodated on the specific property; will be
in conformance with the Comprehensive Plan; can be constructed and
operated in a manner which is compatible with the surrounding land
uses and overall character of the community; and that the public interest
and general welfare of the citizens of the City will be protected.
[Amended 5-23-2017 by Ord. No. 17-13]
(2)
No inherent right exists to receive a special use permit. Such
permits are at the discretion of the City Council under a specific
set of circumstances and conditions, and each application and situation
is unique. Consequently, mere compliance with the generally applicable
requirements may not be sufficient and additional measures or conditions,
occasionally substantial, may be necessary to mitigate the impact
of the proposed development. In other situations, no set of conditions
would be sufficient to approve an application, even though the same
request in another location would be approved.
B.
Process.
(1)
Applications for special use permits shall be made to the Zoning
Administrator.
(2)
In addition to the submission requirements for a special use
permit as set forth in the UDO Procedures Manual, the application
shall be accompanied by a proposed General Development Plan as described
in the Procedures Manual.
D.
Review criteria.
(1)
City Council may, by resolution, approve an application for
a special use permit, upon a determination that the proposed special
use at the location specified within the application, will be:
(2)
In considering an application for a special use permit, City
Council shall consider whether the proposed use will have any potentially
adverse impact(s) on the surrounding neighborhood, or the community
in general; and if so, whether there are any reasonable conditions
of approval that would satisfactorily mitigate such impacts. Potential
adverse impacts to be considered include, but are not limited to,
the following:
(a)
Traffic or parking congestion;
(b)
Noise, lights, dust, odor, fumes, vibration, and other factors
which adversely affect the natural environment;
(c)
Discouragement of economic development activities that may provide
desirable employment or enlarge the tax base;
(d)
Undue density of population or intensity of use in relation
to the community facilities existing or available;
(e)
Reduction in the availability of affordable housing in the neighborhood;
(f)
Impact on school population and facilities;
(g)
Destruction of or encroachment upon conservation or historic
districts;
(h)
Conformity with federal, state and local laws, as demonstrated
and certified by the applicant; and
(i)
Massing and scale of the project.
(3)
As minimum standards for a proposed special use, and to mitigate
the impact of a proposed use, the Planning Commission may recommend
and City Council may impose reasonable conditions upon the use and
development of the subject property, including, without limitation:
(a)
Appropriate screening, buffer planting and landscaping.
(b)
Enhanced utility, drainage, parking, sidewalk, loading and other
onsite facility design requirements.
(c)
Sign standards of a stricter nature than those which apply to
the district in which the proposed use is located.
(d)
Open space requirements of a stricter nature than those which
apply to the district in which the proposed use is located.
(e)
Participation in off-site pro rata improvements for reasonable
and necessary sewerage and drainage facilities as provided for in
this section.
(f)
Other reasonable standards and criteria, as deemed necessary
in the public interest to secure compliance with this chapter and
the Comprehensive Plan by the City Council.
(4)
Conditions imposed in connection with residential special use
permits, wherein the applicant proposes affordable housing, shall
be consistent with the objective of providing affordable housing.
When imposing conditions on residential projects specifying materials
and methods of construction or specific design features, the City
Council shall consider the impact of the conditions upon the affordability
of housing.
E.
Commencement of use; expiration; renewal.
(1)
Any use authorized by a special use permit shall commence within
two years of the date of approval of the special use permit, as a
condition of the special use permit unless provided otherwise by the
City Council.
(2)
The Planning Commission may recommend and the City Council may
require, as a condition of a special use permit, that it shall be
approved for a specified period of time or that it may be periodically
renewed by the City Council. Unless otherwise specified, a special
use permit shall be valid for an indefinite period of time. Any application
seeking renewal or extension of a special use permit shall be subject
to the same procedures as are specified in this section for the original
issuance of such permit.
(3)
An application seeking to extend or renew a special use permit
shall be filed in writing with the Zoning Administrator a minimum
of 60 days prior to the expiration date of the permit, unless a lesser
time is approved by the Zoning Administrator for good cause shown.
The Zoning Administrator shall inspect the subject property, review
the applicant's (or property owner's) record of compliance, and make
a report to the Planning Commission on whether the special use permit
still satisfies the provisions of this section. When a timely application
is filed, the special use permit shall remain valid until the application
for extension or renewal has been acted upon by the City Council.
(4)
Notwithstanding the foregoing, an approved special use permit
shall be and remain valid during extended time periods referenced
within Code of Virginia § 15.2-2209.1, as may be applicable.
F.
Revocation; additional remedies.
(1)
The City Council may revoke a special use permit at any time,
following a public hearing after notice as required by Code of Virginia
§ 15.2-2204, upon finding that the permittee has failed
to comply with one or more terms of such permit or to comply with
any other provision of this chapter.
(3)
Nothing in this subsection shall preclude or limit the City
from exercising any rights or remedies under Article 72-7 of this
chapter, in addition to any revocation of a special use permit.
72-22.7 Special exceptions.
A.
Purpose and applicability. This section shall govern the review and
approval of applications for special exception. Except as otherwise
specifically provided within this chapter, the City Council reserves
unto itself, under suitable regulations and safeguards, the right
to modify or grant exceptions to any of the general regulations within
any zoning district, through the approval of a special exception.
The purpose of a special exception is to provide needed Elasticity
and usefulness of the zoning regulations, in extraordinary or special
circumstances. The granting of a special exception for a use not otherwise
permitted by the zoning regulations may be appropriate for uses which
are unique and unlikely of recurrence. The granting of a special exception
from bulk regulations should only be considered in the context of
a special use permit, special exception (use) or conditional rezoning
application.
B.
Process.
(1)
Applications for special exceptions shall be made to the Zoning
Administrator.
(2)
In addition to the submission requirements for a special exceptions
set forth in the UDO Procedures Manual, the application shall be accompanied
by a proposed General Development Plan as described in the Procedures
Manual.
D.
Review criteria. When the Planning Commission and City Council review,
consider, and act upon an application for a special exception, they
shall do so using the following criteria:
(1)
Whether the grant of the special exception is consistent with
the City's Comprehensive Plan;
(2)
Whether the special exception is consistent with the goals,
purposes and objectives of this chapter;
(3)
Whether there has been a sufficient period of time for investigation
and community planning with respect to the application;
(4)
Whether the special exception is consistent with the principles
of good zoning practice, including the purposes of the district in
which the special exception would be located, existing and planned
uses of surrounding land, and the characteristics of the property
involved;
(5)
Whether the proposed use or aspect of the development requiring
the special exception is special, extraordinary or unusual; and
(6)
Whether the proposed exception potentially results in any adverse
impact(s) on the surrounding neighborhood, or the community in general;
and if so, whether there are any reasonable conditions of approval
that would satisfactorily mitigate such impacts.
72-22.8 Variances, administrative appeals, special exceptions and Zoning Map interpretations.
[Amended 1-10-2017 by Ord. No. 16-28; 5-23-2017 by Ord. No. 17-13]
A.
Purpose and applicability. This section sets forth the procedures
for the Board of Zoning Appeals (BZA) to consider applications for
variances, appeals of administrative actions, and Zoning Map interpretations
as provided in Code of Virginia §§ 15.2-2309 and 15.2-2310.
B.
Process.
(1)
Applications for variances shall be made to the Zoning Administrator
in accordance with rules adopted by the BZA pursuant to Code of Virginia
§ 15.2-2310.
(2)
A variance, appeal, or Zoning Map interpretation shall be heard
and decided by the BZA after notice and a public hearing. The Board
hearing shall be in compliance with the procedures set forth within
Code of Virginia § 15.2-2309.
(3)
Submittal requirements for a zoning variance are contained in
the UDO Procedures Manual.
C.
Review criteria. The BZA shall apply the definitions in Code of Virginia
§ 15.2-2201, and the review criteria and burdens of proof
provided in Code of Virginia §§ 15.2-2308 through 15.2-2312,
in hearing and deciding any appeal, variance application, or Zoning
Map interpretation appeal.
D.
Treatment of property as conforming. Notwithstanding any other provision
of law, the property upon which a property owner has been granted
a variance shall be treated as conforming for all purposes under state
law and this chapter. The structure permitted by the variance may
not be expanded, however, unless the expansion is within an area of
the site or part of the structure for which no variance is required
under this chapter. Where the expansion is proposed within an area
of the site or part of the structure for which a variance is required,
the approval of an additional variance shall be required.
E.
Review authority and criteria, special exceptions; fences. The Board
of Zoning Appeals may hear and decide applications for a special exception
from the regulations governing fence heights in any front yard (including
a secondary front yard) in any zoning district. Special exceptions
may be granted in cases where the size, configuration, or other unusual
characteristic of the lot, including locations of existing mature
vegetation or trees, requires an exception from the zoning requirements
in order to provide a reasonable fenced area without creating significant
impact to adjacent properties or the neighborhood. The Board may impose
such conditions relating to the fence as it may deem necessary in
the public interest, including limiting the duration of the special
exception, and may require a guarantee or bond to ensure that the
conditions imposed are being and will continue to be complied with.
In considering an application, the Board shall apply the following
criteria:
(1)
Whether
approval of the special exception will impair an adequate supply of
light or air to adjacent property, or cause or substantially increase
the danger of fire or the spread of fire, or endanger public safety,
including impacts to adequate sight lines.
(2)
Whether
the proposal will be compatible with the existing character and pattern
of development in the surrounding neighborhood and facilitate an attractive
and harmonious community.
(3)
Whether
the application represents the only reasonable means and location
on the lot to accommodate the proposed fence given the natural constraints
of the lot or the existing development on the lot.
(4)
The
height of the proposed fence and the use of opaque or transparent
design; the use of a buffer area between the public right-of-way and
the fence. The fence shall not exceed six feet in height.
F.
Review authority and criteria, special exceptions; signs in the Creative
Maker District. The Board of Zoning Appeals may hear and decide applications
for a special exception from the regulations governing sign height,
setback, and total permitted square feet within the Creative Maker
District. The Board may impose such conditions relating to the sign
as it may deem necessary in the public interest, Special exceptions
may be granted by applying the following criteria:
[Added 9-8-2020 by Ord.
No. 20-17[1]]
(1)
The sign is no taller than 25 feet.
(2)
The sign is a prominent architectural feature of the building
on the site, architecturally compatible with neighboring character
structures.
(3)
The sign is in accordance with the purpose of the frontage and
building type for which it is proposed.
(4)
The sign is not a standard internally lit box sign.
G.
The Board
of Zoning Appeals is authorized to revoke a special exception previously
granted by it, if the Board determines that there has not been compliance
with the terms or conditions of the special exception. No special
exception may be revoked except after notice and hearing as provided
in this section. However, when giving any required notice to the owners,
their agents, or occupants of abutting property and property immediately
across the street or road from the property affected, the Board may
give such notice by first-class mail rather than by registered or
certified mail.
H.
Appeals.
Any person or persons jointly or severally aggrieved by an action
of the BZA, or any aggrieved taxpayer or any officer, department,
board or bureau of the City may file with the Clerk of the Circuit
Court for the City of Fredericksburg a petition, specifying the grounds
on which aggrieved within 30 days after the final decision of the
Board, pursuant to Code of Virginia, § 15.2-2314.
72-23.1 Historic District-certificates of appropriateness.
[Amended 5-23-2017 by Ord. No. 17-13; 6-11-2019 by Ord. No. 19-24]
A.
Purpose and applicability. This section sets forth the procedures
for Architectural Review Board (ARB) consideration of applications
for Certificates of Appropriateness in the Old and Historic Fredericksburg
(HFD) Overlay Zoning District, pursuant to the authority conferred
within Code of Virginia § 15.2-2306. A certificate of appropriateness
is required for new construction, alterations of existing structures,
demolitions/removal/relocation of structures, or a sign in the HFD.
B.
Process: administrative review.
(1)
The Zoning Administrator is authorized to approve, approve subject
to conditions, or disapprove an application for a certificate of appropriateness,
subject to the ARB's consent, for the following:
(a)
The addition or deletion of awnings, canopies, storm doors,
gutters, downspouts, chimney caps, and other similar minor modifications
or elements.
(b)
The addition, alteration, or removal of any sign or fence, where
such item is the sole subject of the application, or where all other
improvements comprising the application are subject to administrative
review.
(c)
Alterations or repairs made to a building or structure for the
purpose of temporary emergency stabilization.
(d)
Reconstruction, alteration, repair, or other improvements to
a building or structure made pursuant to an order of correction issued
by the Building Code Official, upon that official's determination
that the building or structure is an "unsafe structure," as that term
is defined in the Virginia Uniform Statewide Building Code.
(2)
Administrative review procedure.
(a)
The Zoning Administrator shall endeavor to make a decision on
the application within 45 days, for timely ARB review and final decision.
Every administrative decision to approve, approve with conditions,
or deny an accepted application for a certificate of appropriateness,
subject to ARB consent, shall be in writing and state the reasons
therefor.
(b)
Administrative review shall apply the applicable review criteria
stated in this section.
(c)
An administrative decision to approve, condition, or deny an
application shall be submitted to the ARB for its consent, before
the decision becomes final. The ARB may consent to the decision, modify
the decision, or reverse the decision on an application.
(d)
ARB consideration of administrative decisions does not require a public hearing, but may be carried out through the Board's consent agenda or under an appropriate agenda item, at any ARB meeting. The ARB decision on the application may be appealed to City Council under Subsection F, below.
(e)
The ARB shall not decide an application for a certificate of
appropriateness under the administrative review process until notice
of intention to do so has been published once in a newspaper published
or having general circulation in the City. The notice shall specify
the time and place of the first ARB meeting at which persons affected
may appear and present their views, not less than five days after
the advertisement appears in the newspaper.
C.
Process: review by the ARB.
(1)
The ARB shall promptly review each application for a certificate
of appropriateness.
(2)
An applicant for a certificate of appropriateness shall submit
to the ARB materials sufficient for it to render a decision on the
criteria herein set forth. The ARB staff is authorized to reject any
application that does not include information, at a minimum, to permit
the ARB to evaluate the application with respect to the foregoing
factors. The ARB may require additional submissions from the applicant
if necessary.
(4)
Submittal requirements are contained in the UDO Procedures Manual.
(5)
The ARB shall act to approve, approve with modification, or
deny a request or application within 90 days of the official submission
of the application. No certificate of appropriateness shall be granted
except by a recorded affirmative vote of a majority of all members
appointed to the ARB. The ARB staff shall memorialize the ARB's decision
in writing, stating clearly how the Board applied the relevant standards
to the application. The written decision shall be rendered and sent
to the applicant within 14 days from the date of the decision.
D.
Review criteria. In reviewing applications, the Zoning Administrator
or the ARB shall consider only those design features subject to view
from the public right-of-way (not to include alleys) or City-owned
property and shall not make any requirements except for the purpose
of encouraging development that is architecturally compatible with
the historic landmarks, buildings or structures in the HFD.
(1)
New construction. No principal or accessory building or structure
shall be erected or reconstructed within the HFD, unless approved
by the ARB as being architecturally compatible with the historic landmarks,
buildings, or structures located therein. The ARB shall, in making
its decisions, consider the characteristics of a proposed building
or structure as they affect and relate to the district, including
the following elements:
(a)
Site planning (continuity of street edge, spacing between buildings,
fences and walls, parking);
(b)
Building scale (size, height, facade proportions);
(c)
Building massing (form, roof shape, orientation);
(d)
Roof (shape, pitch, overhang, dormers, skylights, chimneys);
(e)
Windows (type, shape and proportion, rhythm and balance, blinds/shutters);
(f)
Doorways (placement and orientation, type);
(g)
Storefronts (materials, architectural details);
(h)
Exterior architectural elements (entrances, porches and steps,
cornices);
(i)
Materials (wall surfaces, foundation, roof); and
(j)
Miscellaneous details (trim, gutters and leaders, louvers/vents,
lighting, public utilities).
(2)
Alteration of an existing structure.
(a)
No existing principal or accessory building or structure within the
HFD shall be altered unless approved by the ARB as being architecturally
compatible with the historic landmarks, buildings, and structures
located therein. The ARB shall base its decisions on the criteria
contained herein, which are similar to the United States Secretary
of the Interior's Standards for Rehabilitation, as follows:
[1]
Every reasonable effort shall be made to provide a compatible
use for a property by requiring minimal alteration of the building,
structure, or site and its environment, or by using a property for
its originally intended purposes.
[2]
The distinguishing original qualities or character of a building,
structure, or site and its environment shall not be destroyed. The
removal or alteration of any historical material or distinctive architectural
features should be avoided when possible.
[3]
Each property shall be recognized as a physical record of its
time, place, and use. Changes that create a false sense of historical
development or that have no historical basis shall be discouraged.
[4]
Most properties change over time; those changes that have acquired
historic significance in their own right should be retained and preserved.
Restoration of original features may be permitted when substantiated
by documentary, physical, or pictorial evidence.
[5]
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure, or site shall be preserved.
[6]
Deteriorated architectural features shall be repaired rather
than replaced, wherever possible. If replacement is necessary, the
new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Where severity
of deterioration requires replacement of a distinctive feature, the
new feature shall match the old in design, color, texture, and other
visual qualities and, where possible, materials. Replacement of missing
features should be substantiated by documentary, physical, or pictorial
evidence.
[7]
The surface cleaning of structures shall be undertaken using
the gentlest means possible. Sandblasting and other chemical or physical
cleaning methods that cause damage to historic building materials
shall not be undertaken.
[8]
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
[9]
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material,
and such design is compatible with the size, scale, color, material,
and character of the property, neighborhood or environment.
[10]
New additions, alterations, and adjacent or related
new construction shall be undertaken in such a manner that if removed
in the future, the essential form and integrity of the historic property
and its environment would be unimpaired.
(b)
In conjunction with the standards referenced within Subsection D(1) above, the ARB shall consider the following review criteria:
[1]
The mass and height of a building, and the nature of the roofline.
[2]
The proportions between the height of a building, its bulk, and the
nature of its roofline (i.e., is its appearance predominantly horizontal
or vertical).
[3]
The nature of the open spaces around buildings, including the extent
of setbacks, the existence of any side yards and their size, and the
continuity of such spaces along the street.
[4]
The existence of trees and other landscaping, and the extent of paving.
[5]
The nature of the openings in the facade (primarily doors and windows),
and their location, size and proportions.
[6]
The type of roof (flat, gabled, hip, gambrel, mansard, etc.).
[7]
The nature of projections from the buildings, particularly porches.
[8]
The nature of the architectural details and the predominant architectural
style.
[9]
The nature and texture of the materials.
[10]
The details of ornamentation.
(c)
For the purposes of this subsection, the term "alteration" includes,
without limitation, additions proposed to an existing structure.
(3)
Demolition, removal, or relocation.
(a)
No historic landmark, building or structure within the HFD shall
be razed, demolished, or moved until the razing, demolition or moving
thereof is approved by the ARB. In determining the appropriateness
of any application for the razing, demolition, or moving of a building
or structure, the ARB shall consider the following criteria:
[1]
The architectural significance of the building or structure.
[2]
The historical significance of the building or structure.
[3]
Whether a building or structure is linked, historically or architecturally,
to other buildings or structures, so that their concentration or continuity
possesses greater significance than the particular building or structure
individually.
[4]
The significance of the building or structure or its proposed
replacement in furthering the Comprehensive Plan's goals.
[5]
The condition and structural integrity of the building or structure,
as indicated by documentation prepared by a qualified professional
or licensed contractor, or other information, provided to the board
for examination. The City Manager may obtain an assessment from a
qualified professional or licensed contractor to assist the ARB or
City Council in rendering a decision.
[6]
Effect on surrounding properties.
[7]
Inordinate hardship. This inquiry is concerned primarily with
the relationship between the cost of repairing a building or structure
and its reasonable value after repair. An inordinate hardship is an
instance when preservation will deprive the owner of reasonable economic
use of the property. Any hardship created by action of the applicant
- including any condition resulting from the applicant's own neglect
of the building or structure — shall not be considered in support
of any application. To establish inordinate hardship under this section
the applicant must submit evidence that rehabilitation of the building
or structure is impractical, that the building or structure is inappropriate
for the proposed use desired by the owner, and that the applicant
cannot make reasonable economic use of the property. Such evidence
may include proof of consideration of plans for adaptive reuse, and
attempts to sell, rent or lease the property.
(b)
In addition to the right of appeal set forth in Subsection F below, the owner of a historic landmark, building, or structure, the razing or demolition of which is subject to the provisions of this section, shall, as a matter of right, be entitled to raze or demolish such landmark, building, or structure, provided that the following three conditions are met:
[1]
The owner has applied to the City Council for a demolition permit;
[2]
The owner has, for the period of time set forth in the time
schedule contained in this section and at a price reasonably related
to its fair market value as determined by an independent appraisal,
made a bona fide offer to sell such landmark, building, or structure
and the land pertaining thereto to the City or to any entity which
gives reasonable assurance that it is willing to preserve and restore
the landmark, building, or structure and the land pertaining thereto.
Unless the ARB and the owner agree upon the fair market value, the
City Manager may retain one independent, qualified appraiser. If the
independent appraisal does not resolve the disagreement, then the
City and the owner shall retain a third qualified appraiser. A median
value shall be established by the three appraisers, which shall be
final and binding upon the owner and the City; and
[3]
No bona fide contract, binding upon all parties thereto, shall
have been executed for the sale of any such landmark, building, or
structure and the land pertaining thereto, prior to the expiration
of the applicable time period set forth in the time schedule contained
in this section. Any appeal which may be taken to court from the decision
of the City Council, whether instituted by the owner or by any other
proper party, notwithstanding the provisions heretofore stated relating
to a stay of the decision appealed from, shall not affect the right
of the owner to make the bona fide offer to sell referred to in this
subsection. No offer to sell shall be made more than one year after
a final decision by the City Council, but thereafter the owner may
renew his request to the City Council to approve the razing or demolition
of the historic landmark, building, or structure. The time schedule
for offers to sell shall be as follows:
[a]
Three months when the offering price is less than
$25,000;
[b]
Four months when the offering price is $25,000
or more but less than $40,000;
[c]
Five months when the offering price is $40,000
or more but less than $55,000;
[d]
Six months when the offering price is $55,000 or
more but less than $75,000;
[e]
Seven months when the offering price is $75,000
or more but less than $90,000; and
[f]
Twelve months when the offering price is $90,000
or more.
E.
Certificate of appropriateness; effect; term of validity.
(1)
A written decision of the ARB approving an application shall
be deemed a "certificate of appropriateness." A certificate of appropriateness
does not constitute general zoning approval for any use, building
or structure, but is contingent upon the owner obtaining any other
zoning approval required. A certificate of appropriateness does not
constitute a building permit for any building or structure.
(2)
A certificate of appropriateness issued under the provisions
of this section shall expire two years after the date of such approval
unless:
(a)
A building or sign permit has been obtained and remains in effect;
or
(b)
Prior to the expiration date, upon written request, the Zoning
Administrator shall grant an extension of a certificate of appropriateness
which shall not exceed one year from the expiration date, limited
to a maximum of two such extensions.
F.
Appeals.
(1)
Any person aggrieved by a decision of the ARB may appeal such
decision to the City Council, provided that such appeal is filed in
writing within 30 days from the date of the ARB's decision. The appeal
shall clearly set forth the grounds of the appeal, including the procedure
or standard alleged to have been violated or misapplied by the ARB.
The City Council shall consult with the ARB in relation to any appeal
and may require documentation of any ARB decision prior to hearing
the appeal. On appeal, the City Council may consider additional submissions,
and it may refer any additional information to the ARB for its consideration.
The City Council may affirm, reverse, or modify the ARB's decision
and shall transmit a record of its decision to the ARB. The City Council
shall decide such appeal within 45 days of the date of the appeal.
(2)
Any person aggrieved by a decision of the City Council may appeal
such decision to the Circuit Court of the City by filing a petition
at law setting forth the alleged illegality of the action of the City
Council, provided such petition is filed within 30 days after the
final decision is rendered by the City Council. The filing of the
petition shall stay the decision of the City Council pending the outcome
of the appeal to the Circuit Court, except that the filing of such
petition shall not stay the decision of the City Council if such decision
denies the right to raze or demolish an historic landmark, building,
or structure. The court may reverse or modify the decision of the
City Council, in whole or in part, if it finds upon review that the
decision of the City Council is contrary to law or that its decision
is arbitrary and constitutes an abuse of discretion, or it may affirm
the decision of the City Council.
72-23.2 Corridor design review.
A.
Purpose and applicability.
(1)
The Gateway Corridor Overlay Districts require architectural
and site design review for development and redevelopment of properties
along designated entryways leading into the City's central business/historic
district. Segments of the following roadways are within corridor overlay
zoning districts: Cowan Boulevard, Fall Hill Avenue, Lafayette Boulevard,
and Princess Anne Street. The intent is to preserve and enhance the
aesthetic and historic values of the designated entryway.
B.
Process.
[Amended 5-23-2017 by Ord. No. 17-13]
(1)
Applications for corridor overlay design review shall be submitted
to the Zoning Administrator for review.
(2)
The Zoning Administrator shall consider those factors applicable
to the specific corridor overlay within which the subject property
is located.
(3)
To initiate design review of development or redevelopment in
a corridor overlay zoning district, the applicant shall provide the
following materials, unless waived by the Zoning Administrator.
(a)
New construction, facade changes, and accessory structures.
[1]
Plat or map of property showing locations of proposed construction
and/or changes, including building footprint;
[2]
Drawing of elevations that are visible from a public right-of-way;
[3]
Proposed materials; and
[4]
Site features, including design and location of proposed parking
lots, lighting, streetscape buffer, vehicular access, and landscaping.
(4)
Public notice. The Zoning Administrator shall give notice of the application as required in § 72-21.9.
(5)
Submittal requirements are contained in the Procedures Manual.
C.
Review timing. The Zoning Administrator shall act to approve, approve
with modification, or deny any request or application within 60 days
of the official submission of the application. The Zoning Administrator
shall memorialize his/her decision in writing and the Planning Office
shall notify the applicant of the decision within 14 days. A notice
of City action does not constitute general zoning approval for any
structure, but is contingent upon the owner obtaining any other zoning
approval required. A notice of City action issued under the provisions
of this section shall expire one year after the date of such approval
unless:
[Amended 5-23-2017 by Ord. No. 17-13]
D.
Review criteria. The Zoning Administrator shall use the criteria specified in § 72-34.6 of this chapter to review applications for design review for development/redevelopment within specified Gateway Corridor Overlay Districts. This section contains criteria applicable to all corridor overlays as well as additional standards for specific corridors.
[Amended 5-23-2017 by Ord. No. 17-13]
E.
Appeals.
[Amended 5-23-2017 by Ord. No. 17-13]
(1)
The applicant may appeal the Zoning Administrator's decision
to the City Council, provided such appeal is filed in writing within
30 days from the date of the Zoning Administrator's decision. The
appeal shall clearly set forth the grounds of the appeal, including
the procedure or standard alleged to have been violated or misapplied
by the Zoning Administrator. The City Council shall consult with the
Zoning Administrator in relation to any appeal and may require documentation
of any decision prior to hearing the appeal. The City Council may
affirm, reverse, or modify the Zoning Administrator's decision. The
City Council shall decide such appeal within 45 days of the date of
the appeal.
(2)
The applicant may appeal the City Council's decision to the
Circuit Court of the City by filing a petition at law setting forth
the alleged illegality of the action of the City Council, provided
such petition is filed within 30 days after the final decision is
rendered by the City Council. The filing of the petition shall stay
the decision of the City Council pending the outcome of the appeal
to the Circuit Court. The court may reverse or modify the decision
of the City Council, in whole or in part, if it finds upon review
that the decision of the City Council is contrary to law or that its
decision is arbitrary and constitutes an abuse of discretion, or it
may affirm the decision of the City Council.
72-24.1 Zoning permit.
[Amended 5-23-2017 by Ord. No. 17-13]
A.
Purpose and applicability. A zoning permit is a written order, requirement,
decision, or determination regarding the permissibility of a specific
use or density of property, or regarding the compliance of specific
land, buildings, structures, or the uses and development thereof with
the requirements of the City's zoning regulations. Prior to establishing,
expanding, altering, or otherwise changing (i) the use of property,
or (ii) the physical characteristics of a lot or parcel of land, including,
without limitation, the size, height, location or features of or related
to an existing or proposed building, structure, or improvements, a
property owner shall obtain a zoning permit from the Zoning Administrator.
B.
Process.
[Amended 10-24-2017 by Ord. No. 17-27]
(1)
Upon the official submission of an application for a permit,
the Zoning Administrator shall approve, approve subject to conditions,
or disapprove the application, based on its compliance with the requirements
of this chapter.
(2)
The Zoning Administrator shall act on a zoning permit application
without public notice, except as set forth within Code of Virginia,
§ 15.2-2204(H).
(3)
The Zoning Administrator shall respond within 90 days of a request
for a decision or determination on zoning matters within the scope
of his authority unless the requester has agreed to a longer period,
but the Zoning Administrator shall respond within 60 days of an application
for the co-location of one or more small cell facilities. The Zoning
Administrator may extend the sixty-day period in writing for a period
not to exceed an additional 30 days.
(4)
Every decision of the Zoning Administrator approving, approving
with conditions, or denying an accepted application for a zoning permit
shall be in writing. A denial shall state the reasons therefor.
(5)
The Zoning Administrator shall deliver to the applicant, by
first class mail or other means acceptable to the applicant, every
written decision. A copy of the written decision shall also be provided
to any persons who received notice of the application.
(6)
Unless a different provision applies, the written decision shall
include a statement informing the recipient that he or she may have
a right to appeal the decision within 30 days in accordance with Code
of Virginia, § 15.2-2311, and that the decision shall be
final and unappealable if not appealed within 30 days. The decision
shall state the applicable appeal fee and a reference to where additional
information may be obtained regarding the filing of an appeal.
72-24.2 Administrative modifications.
A.
Purpose and applicability. Pursuant to the authority granted within Code of Virginia § 15.2-2286A(4), the Zoning Administrator is hereby authorized to grant a modification of any zoning regulation relating to physical requirements on a lot or parcel of land, including, but not limited to, size, height, location or features of, or related to, any building, structure, or improvements. However, this authority shall not extend to enlarging or reducing any average setback calculated under § 72-82.4B(2).
[Amended 5-23-2017 by Ord. No. 17-13; 2-11-2020 by Ord. No. 20-02]
B.
Public notice; appeals.
[Amended 5-23-2017 by Ord. No. 17-13]
(2)
The decision of the Zoning Administrator shall constitute a
decision within the purview of Code of Virginia § 15.2-2311,
and may be appealed to the Board of Zoning Appeals as provided by
that section. Decisions of the Board of Zoning Appeals may be appealed
to the Circuit Court as provided by § 15.2-2314.
C.
Review criteria - administrative modification. The Zoning Administrator
shall determine whether the application meets the following standards:
(1)
The strict application of the requirement would produce undue
hardship;
(2)
Such hardship is not shared generally by other properties in
the same zoning district and the same vicinity;
(3)
The authorization of the modification will not be of substantial
detriment to adjacent property and the character of the planned development
will not be changed by the granting of the modification; and
(4)
The modification to the regulation does not exceed 10% for residential
districts and 5% in commercial, industrial, and planned development
districts.
72-24.3 Minor expansions of nonconforming uses.
A.
Purpose and applicability. The Zoning Administrator is authorized
to grant minor expansions of nonconforming uses for reasonable continued
use of a property.
B.
Process.
(1)
Applications for minor expansions shall be made to the Zoning
Administrator.
(2)
A minor expansion may be approved by the Zoning Administrator
after public notice, and shall be in compliance with the requirements
of this chapter.
(3)
Public notice. An application for a minor expansion of a nonconforming use requires written, website, and posted notice under § 72-21.9.
[Amended 5-23-2017 by Ord. No. 17-13]
(4)
Submittal requirements for a minor expansion are contained in
the UDO Procedures Manual.
C.
Review criteria - minor expansion. The Zoning Administrator shall
determine whether the application meets the following standards:
(1)
Does not result in an increase in the number of seats, parking
spaces or students, if applicable, which exceeds more than 10% of
the existing amount;
(2)
Does not reduce the effectiveness of existing transitional screening,
buffering, landscaping or open space;
(3)
Does not result in changes to bulk, mass, orientation or location
which adversely impact the relationship of the development or part
thereof to adjacent property; and
(4)
Construction of any new building or structure, is limited to
the following: new accessory buildings or structures, and additions
to existing buildings or structures, provided that:
(a)
The sum total of all such structures or additions shall not
exceed the greater of: 500 square feet of gross floor area, or 5%
of the existing gross floor area (up to a maximum of 2,500 square
feet of gross floor area); and
(b)
The maximum permitted FAR for the zoning district shall not
be exceeded.
72-24.4 Change of nonconforming use.
A.
Purpose and applicability. The Zoning Administrator is authorized
to grant a continuation or replacement of a more restrictive nonconforming
uses for reasonable continued use of a property.
B.
Process.
(1)
Applications for a change of nonconforming use shall be made
to the Zoning Administrator.
(2)
Such change may be approved by the Zoning Administrator after
public notice, and shall be in compliance with the requirements of
this chapter.
(3)
Public notice. An application for a change of a nonconforming use requires written, website, and posted notice under § 72-21.9.
[Amended 5-23-2017 by Ord. No. 17-13]
(4)
Submittal requirements for a change of nonconforming use are
contained in the UDO Procedures Manual.
C.
Review criteria - change of nonconforming use. The following criteria shall be used by the Zoning Administrator in determining whether, consistent with § 72-61.1, a particular use is a lawful continuation of an established nonconforming use or a more restrictive use:
(1)
The number and size of parking spaces serving the new use;
(2)
The appearance of the buildings and site on which the new use
is located;
(3)
The use, type, area, and appearance of new signs;
(4)
The intensity of the new nonconforming use, including the days
and hours of operation, traffic, noise, and similar impacts;
(5)
The lighting provisions on the site for the new use;
(6)
The landscaping provisions on the site for the new use;
(7)
The amount of vehicular traffic in the neighborhood; and
(8)
The potential effect on the fair market value of neighboring
properties from the new use.
72-24.5 through 72-24.7. (Reserved) [1]
[1]
Editor’s Note: Former §§ 72-24.5, General
process, 72-24.6, Review timing, and 72-24.7, Appeals, were repealed
5-23-2017 by Ord. No. 17-13.
72-25.1 Administration.
A.
Applicability. This section governs review of subdivisions of land.
It applies to all land proposed to be subdivided after October 7,
2013.
B.
General requirements.
(1)
If an owner of land wants to subdivide the land, he shall submit
a plat of the proposed subdivision for approval in accordance with
this section and other applicable requirements of this chapter, including
Article 72-5.
(a)
An applicant for an administrative subdivision shall submit
a final subdivision plat to the Development Administrator for administrative
approval.
(b)
An applicant for a minor subdivision may either follow the process
for approval of both preliminary and final subdivision plats or submit
a final subdivision plat for approval without submitting a preliminary
subdivision plat.
(c)
An applicant for a major subdivision shall follow the process
for approval of both preliminary and final subdivision plats.
(2)
No land may be subdivided unless the subdivision is in compliance
with this article and a final plat of the subdivision is recorded
in the land records of the Clerk of the Circuit Court.
(3)
The Clerk shall not record a subdivision plat unless it has
been approved by the City and signed by the Development Administrator.
The penalties in Code of Virginia, § 17.1-223, apply to
a failure of the Clerk to comply with this section.
(4)
The City will not issue a building permit for any lot created
in violation of this chapter, or if a different ordinance was in effect
at the time the land was subdivided, that ordinance, until the lot
is shown on an approved and recorded final subdivision plat.
(5)
No land in a subdivision may be transferred until the final
subdivision plat for the land is duly approved, bonded, and recorded.
This does not prevent the recordation of the document by which the
land is transferred or the passage of title between the parties to
the document.
(6)
Subdivision plat submittal requirements are contained in the
UDO procedures manual.
(7)
The Development Administrator may determine that a number of
administrative or minor subdivision plats are in fact a minor or major
subdivision if the plats relate to the same parcel or related groups
of parcels. The Development Administrator may require the applicant
to submit additional information necessary to make this determination,
including, but not limited to, a copy of the tax map showing the land
being subdivided and all lots previously subdivided from that tract
of land within the previous five years.
C.
Preliminary subdivision plats.
(1)
[1]An approved preliminary subdivision plat is a guide for
preparation of the construction plan and final subdivision plat. The
approval of the preliminary subdivision plat does not guarantee approval
of the final subdivision plat.
(2)
The content and format of the preliminary subdivision plat must
conform to the submittal requirements in the UDO Procedures Manual.
(3)
The process for preliminary subdivision plat approval is as
follows:
(a)
Before submitting a preliminary subdivision plat application,
the applicant shall participate in a pre-application conference with
the Technical Review Committee.
(b)
The applicant shall submit the preliminary subdivision plat to the Development Administrator. A preliminary subdivision plat is officially submitted when the Development Administrator accepts the application under City Code § 72-21.6.
[Amended 5-23-2017 by Ord. No. 17-13]
[1]
If approval of a feature of the preliminary subdivision plat
by a state agency or public authority is necessary, the Development
Administrator shall forward the preliminary subdivision plat to the
appropriate agency or authority within 10 business days of the applicant's
official submission of the preliminary subdivision plat.
(c)
The Development Administrator shall submit the preliminary subdivision
plat to the Planning Commission with his recommendation on whether
the plat meets the requirements of this chapter. This recommendation
must identify all defects, list specific reference to the requirements
that the defects violate, and describe modifications that would permit
approval of the plat.
[Amended 5-23-2017 by Ord. No. 17-13]
(d)
The Planning Commission shall review the preliminary subdivision
plat and make its recommendation on approval or disapproval to the
City Council. The Development Administrator shall advise Council on
whether the preliminary subdivision plat meets the requirements of
this chapter. This recommendation must identify all defects, list
specific references to the requirements that the defects violate,
and describe modifications that would permit approval of the plat.
(e)
City Council hearing. City Council shall hold a public hearing
on major and minor preliminary subdivision plats.
[Amended 5-23-2017 by Ord. No. 17-13]
(f)
City Council shall act on an application for approval of a major
preliminary subdivision plat within the time specified by Code of
Virginia, § 15.2-2260. Any deadline in this section may
be extended with the written consent of the applicant.
(g)
If a preliminary subdivision plat is approved, it is valid for
the applicable period specified in Code of Virginia, §§ 15.2-2260
and 15.2-2209.1, as applicable.
(h)
If a preliminary subdivision plat is disapproved, the reasons
for denial and the modifications that would permit approval shall
be set forth, in writing, by the Development Administrator for administrative
subdivisions and by City Council resolution for minor and major subdivisions.
(i)
If City Council does not act on a preliminary subdivision plat
within 90 days of the official submission to the Development Administrator,
the subdivider, after 10 days' written notice to the Clerk of Council,
may petition the Circuit Court for relief, which may include directing
approval of the preliminary subdivision plat.
D.
Final subdivision plats - administrative subdivisions, minor subdivisions
with approved preliminary subdivision plats, and major subdivisions.
(1)
The applicant shall submit the final subdivision plat to the Development Administrator for administrative approval. A final subdivision plat is officially submitted when the Development Administrator accepts the application under City Code § 72-21.6.
(2)
The Development Administrator shall act on an application for
approval of a final subdivision plat in accordance with Code of Virginia
§ 15.2-2259.
(3)
The subdivider shall record the approved final subdivision plat
in the land records of the Circuit Court within six months of the
Development Administrator's approval of the plat. If the plat is not
recorded within this time, the Development Administrator's approval
of the plat expires.
(4)
Once a final subdivision plat is approved and recorded, the
plat is valid for the period allowed by Code of Virginia, §§ 15.2-2261
and 15.2-2209.1, as applicable. The Development Administrator may
grant extensions of this approval, in accordance with Code of Virginia
§ 15.2-2261.
(5)
These requirements apply to every final subdivision plat submitted
for approval:
(a)
The final subdivision plat shall be prepared by a professional
who is licensed to prepare such a plat. The professional shall endorse
upon the plat the source of title of the owner of the land subdivided,
in accordance with Code of Virginia, § 15.2-2262.
(b)
Plat details shall meet the standards established by the State
Library Board under the Virginia Public Records Act. Every plat shall
contain a statement of consent to subdivision in conformance with
Code of Virginia § 15.2-2264. The Development Administrator
shall determine any additional content required for final plats and
state them in the Procedures Manual.
(c)
No final subdivision plat will be approved until the Zoning
Administrator has approved any required commercial or residential
site development plans.
[Amended 5-23-2017 by Ord. No. 17-13]
(d)
No final subdivision plat will be approved unless all performance
guarantees required under § 72-27 have been posted.
E.
Final subdivision plats - minor subdivisions without an approved
preliminary subdivision plat.
(1)
The applicant shall submit the final subdivision plat to the Development Administrator. A final plat is officially submitted when the Development Administrator accepts the application under City Code § 72-21.6.
(2)
The Development Administrator shall submit the final subdivision
plat to the Planning Commission with his recommendation on whether
the plat meets the requirements of this chapter. This recommendation
must identify all defects, list specific references to the requirements
that the defects violate, and describe modifications that would permit
approval of the plat.
(3)
The Planning Commission shall review the final subdivision plat
and make its recommendation on approval or disapproval to the City
Council, without a public hearing. The Development Administrator shall
advise Council on whether the plat meets the requirements of this
chapter. This recommendation must identify all defects, list specific
references to the requirements that the defects violate, and describe
modifications that would permit approval of the plat.
(4)
City Council hearing. City Council shall hold a public hearing
on minor final subdivision plats.
[Amended 5-23-2017 by Ord. No. 17-13]
(5)
City Council shall act on an application for approval of a final
minor subdivision plat after the public hearing. Any statutory deadline
for a Council decision may be extended with the written consent of
the applicant.
(6)
Except as provided in Code of Virginia, § 15.2-2241(A)(8),
the subdivider shall record the approved final subdivision plat in
the land records of the Circuit Court within six months of the City
Council's approval of the plat or such longer period as may be approved
by City Council. If the plat is not recorded within this time, the
City Council's approval of the plat is withdrawn. The plat shall be
returned to the Development Administrator, who shall mark it "void."
(7)
The provisions of § 72-25.1D(4) and (5) apply to minor subdivisions without approved preliminary plats.
F.
Exemptions. This article shall not preclude different owners of adjacent
parcels from entering into a valid and enforceable boundary line agreement
with one another so long as such agreement is only used to resolve
a bona fide property line dispute, the boundary adjustment does not
move by more than 250 feet from the center of the current platted
line or alter either parcel's resultant acreage by more than 5% of
the smaller parcel size, and such agreement does not create an additional
lot, alter the existing boundary lines of localities, result in greater
street frontage, or interfere with a recorded easement, and such agreement
shall not result in any nonconformity with local ordinances and health
department regulations. Notice shall be provided to the Zoning Administrator
of the locality in which the parcels are located for review. For any
property affected by this provision, any division of land subject
to a partition suit by virtue of order or decree by a court of competent
jurisdiction shall take precedence over the requirements of Article
6 (§ 15.2-2240 et seq.) and the minimum lot area, width,
or frontage requirements in the Zoning Ordinance so long as the lot
or parcel resulting from such order or decree does not vary from minimum
lot area, width, or frontage requirements by more than 20%. A copy
of the final decree shall be provided to the Zoning Administrator
of the locality in which the property is located.
[Added 10-25-2022 by Ord.
No. 22-22]
72-25.2 Improvements.
A.
The approval of a final subdivision plat does not constitute acceptance
by the City of any street, alley, public space, utility or other physical
improvement. These acceptances are governed by Article 72-5, Development
Standards, and § 72-27.
B.
Required improvements. Every proposed subdivision shall be designed
to include all of the public facilities and other improvements required
by this chapter.
C.
Proffered improvements. All subdivision plats shall contain provisions
for the dedication and construction of improvements referenced within
proffered conditions applicable to the subject property.
D.
On-site public improvements, generally. All required on-site public
improvements shall be installed at the cost of the subdivider, unless
the Development Administrator agrees to City cost-sharing or other
means of City participation, and this agreement is formally entered
into before final plat approval. All required on-site public improvements
shall conform to the standards of Article 72-5.
E.
Access and blocks and lots.
(1)
Street names. All subdivision streets shall be identified by
street names, in accordance with the standards of Article 72-5.
(2)
Public streets and dedication of rights-of-way.
[Amended 5-23-2017 by Ord. No. 17-13]
(a)
All public streets within a subdivision shall be coordinated
as to location, width, grades, and drainage with other public streets,
by (i) coordinating with existing or planned streets within the general
area of the subdivision, and (ii) continuing the public streets to
planned, existing, or platted streets into adjoining areas by dedication
or reservation or right-of-way adequate to accommodate continuation
of the streets.
(b)
All subdivisions shall provide for the construction and dedication
of public streets to permit motor vehicle travel within the subdivision
and to and from adjacent properties, unless private streets are approved
in accordance with this article. Streets within a subdivision shall
be designed in accordance with the standards of Article 72-5. The
arrangement, character, extent, width, grade and location of all streets,
street signs, and traffic control devices shall be in accordance with
the standards of Article 72-5.
(c)
Subdivisions shall provide for the construction of or fee dedication
for the widening of existing streets, existing streets on new alignments,
and proposed streets as indicated on the Comprehensive Plan, where
the need for those street improvement is substantially generated by
the proposed subdivision.
(d)
A subdivider may voluntarily provide funding for off-site road
improvements. The improvements for which that funding may be accepted
and the procedures for administering the funding are in Code of Virginia,
§ 15.2-2242(4).
(3)
Private streets. Subdivisions in single-family attached and
multifamily residential, commercial, and industrial developments in
the R-8, R-12, R-16, R30, C-SC, C-H, I-1, I-2, PD-R, PD-C, PD-MU,
and PD-MC Districts may provide for private streets within private
ingress/egress easements. Private streets, where authorized, shall
be designed and constructed in accordance with the standards of Article
72-5.
(4)
Alleys. Subdivisions are not required to provide public or private
alleys. If a subdivider proposes to construct public or private alleys,
the alleys shall comply with the standards of Article 72-5.
(5)
Curb and gutter. Curb and gutter is required, and shall be designed
and constructed, in accordance with the standards of Article 72-5.
(6)
Vehicular ingress/egress. Any required parking area shall have
direct vehicular ingress and egress to and from a public or private
street in accordance with the standards of Article 72-5.
(7)
Pedestrian access and bicycle trails. Subdivisions shall provide
for sidewalks, in accordance with the standards of Article 72-5. Subdivisions
shall provide for the construction of bicycle trails, in the general
location shown on the Bicycle and Pedestrian Master Plan, called "Fredericksburg
Pathways," within the subdivision. Bicycle trails shall be designed
and constructed in accordance with the standards of Article 72-5.
(8)
Blocks and lots.
(a)
Blocks created by the subdivision of land shall conform to the
standards of Article 72-5. Lots created by the subdivision of land
shall conform to applicable requirements in Article 72-3 and the standards
of Article 72-5.
(b)
A subdivision plat may create one or more lots for City or other
public water, sewer, stormwater, or similar utility facilities, such
as a pump station lot. These lots are exempt from the minimum lot
standards of this chapter, provided they are adequate for the proposed
public use and acceptable to the City for dedication.
F.
Sanitary sewer, public water, and stormwater.
(1)
Except as provided for in this Subsection F, all subdivisions shall provide for each lot to connect to the City public sanitary sewer system and public water systems through the construction and dedication of sanitary sewer facilities, water facilities, and related easements in accordance with the standards of Article 72-5.
(a)
The Director of Public Works shall develop a Comprehensive Sewerage
Facilities Plan to determine the projected sewerage flow, collection
mains and facilities, easements, and costs to provide ultimate sewerage
service to City drainage sheds at full development of those sheds.
The Director of Public Works shall develop a Comprehensive Water Facilities
Plan to determine the projected public water demand, distribution
mains and facilities, easements, and costs to provide ultimate public
water service to City drainage sheds at full development of those
sheds. These facilities plans shall be designed in accordance with
the Comprehensive Plan. City Council shall adopt the facilities plans.
(b)
A subdivider or developer of land shall pay a pro rata share
of the cost of providing reasonable and necessary sewerage and water
facilities which may be outside the property limits of the land owned
or controlled by the subdivider or developer, but necessitated or
required, at least in part, by the construction or improvement of
the land, in accordance with the intent and provisions of Code of
Virginia, § 15.2-2243, the Comprehensive Plan, the Comprehensive
Sewerage Facilities Plan, the Comprehensive Water Facilities Plan,
and this subsection.
(c)
The Director of Public Works shall set the policy and criteria
for determination of pro rata share of total cost, the financial and
implementation procedures, and other related matters. City Council
shall adopt the policy and criteria as part of the Comprehensive Sewerage
Facilities Plan and the Comprehensive Water Facilities Plan.
(d)
The Development Administrator may grant an exception to the
requirement that each lot connect to City sewer and water facilities
in cases of unusual situations, or when strict adherence to the regulations
would result in substantial injustice or hardship. No exception may
be granted where a comprehensive facilities plan provides for future
sewer service or water supply to the area in which the subdivision
is located.
(e)
No subdivision shall be approved where individual wells or septic
tanks are to be used until written approval for each lot to be transferred
or occupied by a dwelling unit has been secured from the state health
department. The health department may specify soil tests or water
tests necessary to determine the suitability of the soil for subsurface
effluent disposal. The subdivider is responsible for those tests.
(f)
The subdivider shall provide all required easements in accordance
with the City's Construction Specifications and Standards for Water
and Sewer Facilities on file in the Public Works Department.
(2)
Stormwater facilities.
(a)
The Director of Public Works shall develop a Comprehensive Stormwater
Management Facilities Plan to determine the necessary structures,
easements and costs to provide ultimate drainage facilities to serve
City drainage sheds at full development of those sheds. This facilities
plan shall be designed in accordance with the Comprehensive Plan.
The facilities' costs shall be updated annually by applying the appropriate
Engineering News-Record cost index factor. City Council shall adopt
the facilities plan.
(b)
A subdivider or developer of land shall pay a pro rata share
of the cost of providing reasonable and necessary drainage facilities
which may be outside the property limits of the land owned or controlled
by the subdivider or developer, but necessitated or required, at least
in part, by the construction or improvement of the land, in accordance
with the intent and provisions of Code of Virginia, § 15.2-2243,
the Comprehensive Plan, the Comprehensive Stormwater Management Facilities
Plan, and this section.
(c)
The Director of Public Works shall set the policy and criteria
for determination of pro rata share of total cost, the financial and
implementation procedures, and other related matters. City Council
shall adopt the policy and criteria as part of the Comprehensive Stormwater
Management Facilities Plan.
(3)
Subdivisions shall provide for public utilities and utility
easements in accordance with the standards of Article 72.5.
G.
Monuments and corners. Subdivisions shall place monuments and establish
corners in accordance with the standards of Article 72-5.
H.
Parks, schools, open space, and public land. Subdividers should give
consideration to suitable sites for parks, schools, and other areas
of public use as described in the Comprehensive Plan. Those areas
should be located and indicated on the preliminary plat so it may
be determined if, when, and how those areas will be dedicated to,
reserved for, or acquired by the City Council for those uses. This
provision does not preclude dedication of property for public use
not included in the Comprehensive Plan, provided the property is acceptable
to the City Council for dedication, acceptance and maintenance.
I.
Dedication of land for public use.
(1)
In the interest of the public welfare, a subdivider may provide
for reservation and dedication of suitable land for schools, parks,
recreation areas, roadways, sidewalks, utility easements and other
public uses in accordance with the Comprehensive Plan, Capital Improvements
Program, and any adopted Official Map.
(2)
Final subdivision plats shall show the location, character and
extent of public areas and facilities.
(3)
If a subdivider proposes or is legally required to convey interests
in real property to the City, conveyance of those interests shall
be made by appropriate deed to the City, approved as to form by the
City Attorney and accepted on behalf of the City by the City Manager.
(4)
If a subdivider dedicates or otherwise conveys land for public
purposes, it shall be of a character, size, dimension, and location
suitable for the particular use for which the land is dedicated or
conveyed. Land held by the City or another governmental entity is
not required to meet the minimum street frontage, lot size, lot shape,
or other lot requirements, so long as it is suitable for its public
use.
72-25.3 Exceptions to subdivision and site plan regulations.
[Amended 5-23-2017 by Ord. No. 17-13]
A.
This section governs requests for exceptions to the general subdivision
and site plan regulations. Requested exceptions shall be submitted
as part of an application for subdivision or site plan approval. Exceptions
may be granted in unusual situations or when strict adherence to the
general regulations would result in substantial injustice or hardship.
B.
City Council (for major and minor subdivisions) and the Development
Administrator (for administrative subdivisions) may approve exceptions
to the general subdivision regulations. The Zoning Administrator may
approve exceptions to the general site plan regulations.
C.
The applicant shall make all requests for exceptions in writing,
stating specifically the provision from which the exception is requested
and the grounds for the request. The applicant shall submit the request
with the preliminary plat, final plat, or site plan application. All
requests shall be accompanied by any plats, plans, drawings, and engineering
documents required to allow the Development Administrator, Zoning
Administrator, or City Council to act on the application.
D.
The Development Administrator shall approve or disapprove requests for exceptions to administrative subdivisions. The applicant shall provide written notice of the request as provided in § 72-21.9. The Development Administrator shall not decide on the request until the applicant provides evidence of that notice. The applicant may appeal the Development Administrator's decision to City Council within 14 days of the decision. City Council shall act on the decision within 30 days of receipt of the appeal and after written notice as provided in § 72-21.9. The approval of the administrative subdivision plat will be held in abeyance while the appeal is pending. The decision of the City Council is final.
E.
City Council shall approve or disapprove requests for exceptions
to minor and major subdivisions. City Council's decision will be rendered
as part of the decision on the underlying plat, rather than separately
from the plat.
F.
The Zoning Administrator shall approve or disapprove requests for exceptions to site plans. The applicant shall provide written notice of the request as provided in § 72-21.9. The Zoning Administrator shall not decide the request until the applicant provides evidence of that notice. The Zoning Administrator's decision will be rendered as part of the decision on the underlying site plan, rather than separately.
72-25.4 Corrections and vacations.
A.
Corrections. An approved preliminary subdivision plat, a final recorded
subdivision plat, or an approved site plan may be corrected as follows:
(1)
Changes to an administrative subdivision plat, minor subdivision
plat, or site plan may be approved by the Development Administrator
to correct errors or omissions, if those changes comply with the subdivision
or site plan regulations and requirements of this chapter.
(2)
Changes to a major subdivision plat may be approved by the Development
Administrator to correct errors or omissions, if those changes comply
with the subdivision or site plan regulations and requirements of
this chapter without changing the density or impact of the project
by more than 10%. More significant changes of major preliminary subdivisions
may be approved by City Council, if those changes comply with the
subdivision or site plan regulations and requirements of this chapter.
B.
Vacation of plats.
(1)
The vacation of final, recorded plats is governed by Code of
Virginia, §§ 15.2-2271 and 15.2-2272.
(2)
The Development Administrator may consent to the vacation of
a plat under Code of Virginia, § 15.2-2271(1), if no lot
has been sold and the owners, proprietors, and trustees who signed
the original plat declare the plat vacated, in writing.
(3)
City Council may consent to the vacation of a plat under Code
of Virginia, § 15.2-2272(1), if lots have been sold, and
all the owners of lots shown on the plat agree, in writing, to the
vacation. The Development Administrator may sign a document vacating
the plat on behalf of City Council, after Council approval.
72-26.1 Commercial and residential site development plans.
[Amended 5-23-2017 by Ord. No. 17-13]
A.
Purpose and applicability.
(1)
The purpose of a site plan is to ensure, prior to the issuance
of any building permits, that the use and development of land will
be in compliance with the zoning regulations set forth within this
chapter.
(2)
A site plan is required for all construction, reconstruction,
alteration, land disturbing activities, and changes of use in any
zoning district. This requirement shall be subject to the exemptions
set forth below.
(3)
No site plan shall be required for the following uses, provided
the Zoning Administrator determines that the use will not require
the improvements set forth in this section:
(a)
Single-family detached, single-family attached, and duplex dwellings
and their related uses and structures on a vacant lot.
(b)
Educational facilities located in existing religious institutions.
(c)
Renovations of buildings when existing site improvements comply
with the standards in this chapter.
(d)
The Zoning Administrator may waive or modify the requirement
for a site plan upon a finding that the waiver of the requirement
will not adversely affect the adequacy of provisions for those items
regulated through the site plan.
B.
Site plans distinguished.
(1)
Site plans shall take one of the following two formats: minor
site plan, or major site plan. Minor site plans are required for use
changes where the land disturbance will be less than 2,500 square
feet. All other site plans shall follow the major site plan requirements.
(2)
The Zoning Administrator shall be the approving authority for
major and minor site plans.
C.
Review process.
(1)
Prior to the initial submission of an application seeking approval
of a site plan, the owner or proprietor of land who desires to apply
for site plan approval shall file an application with the Zoning Administrator
to attend the Technical Review Committee pre-application conference.
The staff shall place the matter on the agenda of the next available
meeting of the Technical Review Committee, and shall notify the applicant
of the conference meeting date.
(2)
The applicant shall make an initial submission of the proposed
site plan for review. The Technical Review Committee shall thoroughly
review the site plan and make a good faith effort to identify all
deficiencies, if any, with the initial submission, and communicate
same to the applicant. The applicant may submit a revised proposed
site plan for final Technical Review Committee review, prior to making
the official submission of the site plan.
(3)
The applicant shall make an official submission of a site plan
revised to address the Technical Review Committee's comments. The
site plan is officially submitted when it is delivered to the office
of the Zoning Administrator accompanied by the application fee and
all pertinent information. The Zoning Administrator shall act on any
proposed site plan within 60 days after it has been officially submitted
for approval by either approving or disapproving the site plan in
writing, and giving with the latter specific reasons therefor. This
deadline may be extended with the written consent of the applicant.
(4)
Public notice. Commercial and residential site development plan applications require written, website, and posted notice under § 72-21.9.
(5)
The provisions of this section and Article 72-5 of this chapter
set forth the requirements for submission and approval of site plans.
(6)
Submittal requirements are contained in the UDO Procedures Manual.
D.
Review criteria.
(1)
The Development Administrator shall act on a proposed site plan after it has been officially submitted for approval, as directed within the Subsection C above. The City's action shall be based on the findings of whether the proposed site plan meets the requirements below referenced in the following Subsection D(2), and whether the proposed site plan demonstrates that the use and development of land depicted therein will comply with applicable City zoning regulations.
(2)
Every site plan shall be prepared in such form, and shall include
such content, as necessary to demonstrate compliance with applicable
zoning regulations, and shall be prepared and submitted in accordance
with the requirements set forth within the Procedures Manual.
72-26.2 Residential lot grading plan.
[Amended 5-23-2017 by Ord. No. 17-13]
A.
Purpose and applicability.
(1)
The provisions of this section set forth the requirements for
submission and approval of a residential lot grading plan.
(2)
A residential lot grading plan shall be required prior to issuance
of a building permit for any of the following:
(a)
Construction of a single-family detached, single-family attached,
or duplex dwelling and its related uses and structures on a vacant
lot.
(b)
Construction of an addition to a single-family detached dwelling
and any accessory structure where 2,500 square feet of land or more
will be disturbed thereby.
B.
Review process.
(1)
Any owner or proprietor of land who wishes to apply for residential
lot grading plan approval shall submit an application form, with the
proposed residential lot grading plan, any required application fee,
and such information and materials as specified in the Procedures
Manual.
(2)
The Zoning Administrator shall take action upon an application
for approval of a residential lot grading plan, in accordance with
the procedures and time periods specified in the Procedures Manual.
C.
Review criteria. Every residential lot grading plan shall be prepared
in such form, and shall include such content as necessary to demonstrate
compliance with applicable zoning regulations, and shall be prepared
and submitted in accordance with the requirements set forth within
the Procedures Manual.
72-27.0 Performance guarantees.
[Amended 7-9-2024 by Ord. No. 24-18]
A.
Performance guarantees required. As a condition to the approval of
a final subdivision plat, site plan, grading permit or building permit,
the owner or developer shall be required to guarantee completion of
the public and other site-related improvements associated with the
development.
B.
Facilities required to be guaranteed.
(1)
The owner or developer shall guarantee construction of the following
facilities:
(a)
Any right-of-way located within any subdivision or section thereof;
(b)
Any street, curb, gutter, sidewalk, bicycle trail, drainage
or sewerage system, waterline as part of a public system or other
improvement dedicated for public use, and maintained by the City,
the commonwealth, or other public agency;
(c)
Other site-related improvements required by local ordinance
for vehicular ingress and egress, including traffic signalization
and control, for public access streets, for structures necessary to
ensure stability of critical slopes, and for stormwater management
facilities;
(d)
Erosion and sediment control measures required as a condition
to grading, building, or other permits or land-disturbing approvals;
(e)
Any private streets to be constructed in a subdivision;
(f)
Any privately owned site-related improvements, including, but
not limited to, fencing, landscaping, buffering, internal sidewalks,
lighting, paving, private recreational facilities and pavement marking,
required by this chapter but not completed prior to issuance of occupancy
certificate. To ensure plant survival, 50% of the performance guarantee
for landscaping shall be retained until final inspection and approval,
which shall occur no earlier than 24 months after approval of the
initial installation of the landscape improvements.
(2)
Provided the developer and the City Council have agreed on the
delineation of sections within the proposed development, the developer
shall not be required to furnish to the City Council a performance
guarantee in the amount of the estimated cost of construction of facilities
to be dedicated for public use within each section of the development
until such time as construction plans are submitted for the section
in which such facilities are to be located.
(3)
No performance guarantee shall apply to, or include the cost
of, any facility or improvement unless such facility or improvement
is shown or described on the approved plat or plan of the project
for which such guarantee is being furnished. The terms, conditions,
and specifications contained in any agreement, contract, performance
agreement, or similar document, however described or delineated, between
the City and an owner or developer of property entered into pursuant
to this section in conjunction with any performance guarantee shall
be limited to those items depicted or provided for in the approved
plan, plat, permit application, or similar document for which such
performance guarantee is applicable.
C.
Amount.
(1)
The required guarantee shall be provided in the following total
amount:
(a)
The total estimated cost of construction based on unit prices
for new public or private sector construction in the City; plus
(b)
An additional 10% of the total estimated cost of construction,
which shall constitute a reasonable allowance for estimated administrative
costs, inflation, and potential damage to existing roads or utilities,
and
(c)
An additional 25% of the total estimated cost of erosion and
sediment control measures associated with the land-disturbing activity,
which shall constitute a reasonable allowance for estimated administrative
costs and inflation.
(2)
The owner or developer shall submit a written itemized estimate
of the total estimated cost of construction, certified as being accurate,
as part of his request for development approval.
(3)
The Development Administrator may establish a uniform unit price
schedule for common construction items, using locally developed figures
or industry-recognized standards, to be included in the City's
Development Procedures Manual. The Development Administrator shall
consider this schedule, and shall consider the estimate provided by
the owner or developer, and shall then make a determination as to
the total estimated cost of construction based on unit prices for
new public or private sector construction.
D.
Form of guarantee.
(1)
The following forms of guarantees may be used to satisfy the
requirements of this section:
(a)
The owner or developer may:
[1]
Certify to the City Council that the total estimated construction
costs have been paid to the person constructing such facilities or,
at the option of the City Council;
[2]
Present evidence satisfactory to the City Council that the time
for recordation of any mechanics' lien has expired or evidence
that any debt for said construction that may be due and owing is contested
and provide indemnity with adequate surety in an amount deemed sufficient
by the City Council or the Development Administrator.
(b)
The owner or developer may furnish to the City Council a certified
check or cash escrow in the amount of the estimated costs of construction
or a personal, corporate or property bond, with surety satisfactory
to the Development Administrator, in an amount sufficient for and
conditioned upon the construction of such facilities, or a contract
for the construction of such facilities and the contractor's
bond, with like surety, in like amount and so conditioned.
(c)
The owner or developer may furnish to the City Council a bank
or savings institution's letter of credit on certain designated
funds satisfactory to the Development Administrator as to the bank
or savings institution, the amount and the form.
(2)
All performance guarantees shall provide that such bond, letter
of credit, or other agreement shall not be terminated, canceled, or
modified without at least 30 days' prior written notice by certified
mail to the Development Administrator.
(3)
All performance guarantees shall provide for the completion
of construction of all facilities within a time to be determined by
the Development Administrator.
(4)
Any bond shall be issued by an insurance company licensed to
transact fidelity and surety insurance business in Virginia, and shall
be a company holding a certificate of authority as acceptable surety
on federal bonds or an acceptable reinsuring company per the United
States Department of the Treasury's Listing of Certified Companies
current annual circular. The surety, when notified of the owner or
developer's default, shall elect either to perform in the owner
or developer's stead or to pay the face amount of the bond, or
any lesser amount determined by the Development Administrator. The
surety shall agree to provide said funds to the City prior to the
performance of the work, based upon the Development Administrator's
estimate of the funds required.
(5)
Any letter of credit shall specify Uniform Commercial Code or
Uniform Customs and Practice for Documentary Credits, be irrevocable,
and contain an automatic renewal clause. The lending institution issuing
the letter of credit shall be insured by the FDIC or FSLIC and have
a place of business within 50 miles of the City of Fredericksburg.
In case of failure on the part of the owner or developer to complete
the specified improvements within the required time period, the lending
institution shall pay to the City immediately and without further
action such funds as are necessary to finance the completion of the
facilities, in accordance with the Development Administrator's
estimate, up to the limit of credit stated in the letter.
(6)
Any cash escrow account shall be established with a financial
institution approved by the Treasurer and insured by FDIC or FSLIC.
The escrow account shall be held in trust until released by the Development
Administrator and may not be used or pledged by the owner or developer
as security in any other matter during that period. In the case of
failure by the owner or developer to complete the facilities, the
escrow agreement shall provide that the financial institution shall
immediately make the funds in the account available to the City for
use in the completion of those facilities. The owner or developer
shall pay a nonrefundable administrative fee in accordance with the
fee schedule adopted by City Council to cover the City's legal
and administrative review costs for any proposed cash escrow agreement.
All such agreement shall be reviewed and approved by the City Attorney.
Any such agreement shall be approved only if it affords protection
to the City equivalent to a corporate surety bond.
(7)
Additional terms, conditions, and forms for guarantees shall
be set forth in the City's Development Procedures Manual.
E.
Extensions of time. If guaranteed facilities are not timely completed
in a manner acceptable to the City, the Development Administrator
may proceed via the provisions for default, below, or grant an extension
of time for the completion of facilities, not to exceed one year,
provided that:
F.
Partial release.
(1)
Upon the completion of at least 30% of the improvements covered
by a performance guarantee, the applicant may file a written request
with the Development Administrator for a partial release of such guarantee.
The developer shall be entitled to no more than three periodic partial
releases within any twelve-month period.
(2)
The Development Administrator shall act upon each written request
for a periodic partial release within 30 days of receipt thereof.
The Development Administrator may inspect the facilities for conformance
with the terms and conditions of the approved plan and specifications
for the facilities for which the performance guarantee is applicable.
Such request shall be granted unless the Development Administrator
notifies the subdivider or developer in writing of nonreceipt of approval
by an applicable state agency, or of any specified defects or deficiencies
in construction and suggested corrective measures prior to the expiration
of the thirty-day period.
(3)
The Development Administrator shall have the authority to require
that each request be accompanied by the certification of a professional
who is licensed to make such a determination that the required improvements
have been partially or finally completed in accordance with the approved
plans and specifications. Upon such certification, the City may accept
such improvements without further inspection.
(4)
To ensure plant survival, 50% of the performance guarantee for
landscaping shall be retained until final inspection and approval,
which shall occur no earlier than 24 months after approval of the
initial installation of the landscape improvements.
(5)
Up to 90% of the original amount of the performance guarantee,
excluding the performance guarantee for landscaping, may be released
through periodic partial releases, based upon the percentage of public
facilities completed and approved by the City or other agency having
jurisdiction.
(6)
If no action is taken by the Development Administrator within
the thirty-day time period, the request for partial release shall
be deemed approved, and a partial release shall be granted to the
subdivider or developer.
G.
Final release.
(1)
Upon final completion of the facilities and as part of the as-built
plan application, the subdivider or developer may file a written request
for final release of the performance guarantee. The Development Administrator
may inspect the facilities for conformance with the terms and conditions
of the approved plan and specifications for the facilities for which
the performance guarantee is applicable.
(2)
Within 30 days of the receipt of the written request and approval
of the as-built plan application, the Development Administrator shall
either accept the facilities and release the remaining guarantee or
notify the applicant that the facilities are not accepted and that
there are specific defects or deficiencies in construction, in which
case the Development Administrator shall suggest corrective measures.
(3)
As used herein, "acceptance" means the public facility is accepted
by and taken over for operation and maintenance by the City.
(4)
If the Development Administrator fails to act within the thirty-day
time period, then the applicant may make an additional request in
writing for final release, sent by certified mail to the City Manager.
The City Manager shall act within 10 working days of receipt of this
request. If no action is taken, the request shall be deemed approved
and final release granted to the applicant.
(5)
The Development Administrator shall require submission of as-built
plans for public facilities, demonstrating compliance with all City
requirements, the receipt of which shall be a condition precedent
to final release of any performance guarantee.
H.
Default. In the event of default in the construction of guaranteed
facilities, the Development Administrator is authorized to take such
action as may be required to protect the City and the public, including,
but not limited to:
(1)
Require recalculation and reassessment of security, and, if
deemed advisable, the substitution of a more desirable form of security;
(2)
Draw or make demand on the owner or developer's security;
(3)
Contract for the completion of the work, following the rules
for public procurement;
(4)
Enter the property for purposes of completing the work; and
(5)
Bring an action at law against the owner, developer, and/or
surety.
I.
Guarantees associated with conditional rezoning. Whenever a performance
guarantee is required by the terms of a conditional rezoning, the
Zoning Administrator shall employ the procedures provided in this
section to establish the amount of the guarantee, the form of the
guarantee, and extensions of time, as set out in this section or other
applicable portions of this chapter. The reduction or release of the
guarantee shall be decided by City Council upon the submission by
the owner or developer of satisfactory evidence that the condition
has been met in whole or in part.
J.
As-built plan requirements.
(1)
Unless the Development Administrator determines that a site
visit inspection will suffice based on the limited scope of work,
upon satisfactory completion of the installation of the improvements
shown on the approved site plan or a section thereof, the owner, developer
or their authorized agent shall submit an as-built plan application,
in accordance with the Procedures Manual. The as-built plan shall
be certified by a person duly certified by the state and licensed
to practice in accordance with Section 54.1-406 of the Code of Virginia,
as amended, and submitted for review and approval to confirm that
the constructed improvements conform with the approved site plan.
The as-built certificate, as shown in the Unified Development Ordinance
Procedures Manual, shall be signed and sealed by the licensed professional.
No as-built plan shall be approved until each building, structure,
and site involved complies in all respects with the approved site
plan or section thereof. No performance guarantee shall be released
until the as-built plan has been approved by the Development Administrator.
(2)
The as-built drawings shall clearly show any changes or variations
from the approved design. Deviations from the approved site plan shall
be redlined, bubbled, or otherwise clearly labeled. Horizontal variations
greater than one foot should be shown dimensionally or though plus
stations. Horizontal variations greater than five feet should also
show the graphic relocation of the object. Vertical elevation variations
greater than two feet shall be provided for all shown design elevations.
A benchmark elevation and benchmark description and location shall
also be provided on each plan sheet.
(3)
As-built plans for a surface stormwater management facility
shall include the following additional information:
(a)
Length, width, slope information and depth or contours (one-foot
intervals) of the pond area along with a verification of the original
design volume.
(b)
A benchmark on the riser, inlet headwall, or other approved
location.
(c)
Revised design computations verifying the functionality of the
pond. Computations shall be submitted, along with an additional paper
copy of the as-built plans.
(d)
The grading/storage volumes must be approved by the Stormwater
Administrator. All plantings must be added to the as-built plans after
plant installation. As-built plans will not be approved without required
plantings.
NOTE: If as-built data shows that the constructed facility varies
from the original design storage elevations by greater than or equal
to 1%, the variations will have to be corrected (regraded) prior to
submission for review unless storage is verified. All constructed
features not previously approved on the original construction drawings
will need to be modified to adhere to the approved plans or be approved
after the fact. |
(4)
All as-built information shall be blocked in and shown on the
original construction drawings. Placing as-built information upon
a scanned image or other reproduction of the original construction
drawings may be acceptable so long as the quality, integrity, and
legibility of the original drawings are substantially preserved without
undue compromise.
(5)
The submittal shall include recorded copies of any public easements
required with the project.
(6)
Once the City has determined that the as-built information is
satisfactorily shown, the design professional will be notified to
submit final digital and paper copies for as-built approval in accordance
with the Unified Development Ordinance Procedures Manual.