Front setbacks shall be established using the average front setback calculated using the rules in § 72 82.4B(2). The average front setback shall be the maximum and minimum front setback for the lot. For corner lots and through lots, the primary front yard shall be established using the average front setback, and the secondary front yard may be reduced using the average calculation.

The side yard setbacks on lots that are less than 15,000 square feet may be reduced using the rules in § 72 82.4B(2); but each side yard shall be no less than six feet, or no less than four feet for lots 50 feet or less in width. Side yard setbacks for lots within the Old and Historic Fredericksburg Overlay District shall be determined through the certificate of appropriateness process.

The front of the principal building shall face the front yard. On a corner lot, the front of the principal building may face either front yard.

Front setbacks shall be established using the average front setback calculated using the rules in § 72-82.4B(2). The average front setback shall be the maximum and minimum front setback for the lot. For corner lots and through lots, the primary front yard shall be established using the average front setback, and the secondary front yard may be reduced using the average calculation.

The side yard setbacks on lots that are less than 7,500 square feet may be reduced using the rules in § 72-82.4B(2); but each side yard shall be no less than three feet, or no less than two feet for lots 30 feet or less in width. Side yard setbacks for lots within the Old and Historic Fredericksburg Overlay District shall be determined through the certificate of appropriateness process.

Maximum height for single-family dwellings on lots of record in areas where established building heights are less than 35 feet shall be reduced by a percentage corresponding to the ratio of actual lot area to 7,500 square feet. In no case shall the new maximum height be set lower than 27 feet.

Each unit shall have an on-site privacy yard of at least 200 square feet.

The front of the principal building shall face the front yard. On a corner lot, the front of the principal building may face either front yard.

For attached units, side lot lines shall coincide with party wall center lines.

Front setbacks shall be established on lots of record before as the average front setback calculated using the rules in § 72-82.4B(2). The average front setback shall be the maximum and minimum front setback for the lot. For corner lots and through lots, the primary front yard shall be established using the average front setback, and the secondary front yard may be reduced using the average calculation.

The side yard setbacks on lots that are less than 3,750 square feet may be reduced using the rules in § 72-82.4B(2); but each side yard shall be no less than two feet. Side yard setbacks for lots within the Old and Historic Fredericksburg Overlay District shall be determined through the certificate of appropriateness process.

Maximum height for single-family dwellings on lots of record where established building heights are less than 35 feet shall be reduced by a percentage corresponding to the ratio of the actual lot area to 3,750 square feet. In no case shall the new maximum height be set lower than 27 feet.

Each single-family attached unit shall have an on-site privacy yard of at least 200 square feet.

Side lot lines for single-family attached units shall coincide with party wall center lines.

Multifamily buildings shall be separated by a distance equal to the tallest on-site building height, from the side lot lines and the rear lot line.

Each unit shall maintain a minimum width of 18 feet.

Side lot lines for single-family attached units shall coincide with party wall center lines.

Multifamily buildings shall be separated by a distance equal to the tallest on-site building height, from the side lot lines and the rear lot line.

Each single-family attached unit shall have an on-site privacy yard of at least 200 square feet.

Side lot lines for single-family attached units shall coincide with party wall center lines.

Multifamily buildings shall be separated by a distance equal to the tallest on-site building height, from the side lot lines and the rear lot line.

There may be a maximum of one single-family detached residential unit in a mobile home park, which may be also used for office and maintenance facilities for the mobile home park.

The mobile home on any site shall be separated on the sides and at the rear by a minimum of 20 feet from other mobile homes.

The front of the principal building shall face the front yard. On a corner lot, the front of the principal building may face either front yard.

Residential development shall conform to the dimensional standards of the R-8 Zoning District.

Residential development in a mixed-use project shall conform to the dimensional standards of the R-12 Zoning District.

At least 30% of the ground floor of a mixed-use development shall be used for retail, eating or personal services establishments.

The gross floor area of the ground floors of all buildings on a mixed-use general development plan that are used for retail sales, eating, or personal services establishments shall not be included in the determination of maximum FAR.

For lots of record in developed areas where front and side yard setback geometry has already been established by existing residential dwellings and lots created by the administrative subdivision process on or after January 28, 2020; front yard setbacks shall be established using the infill calculations in § 72-84.4B( 2). For corner lots and through lots, the primary front yard shall be established using the average front setback, and the secondary front yard may be reduced using the average calculation.

For lots of record established in developed areas where yard geometry has already been established by existing residential dwellings and lots created by the administrative subdivision process on or after January 28, 2020, side yard setbacks may be reduced using the rules in 5 72- 82.4B( 2); but each side yard shall be no less than two feet. Side yard setbacks for lots within the Old and Historic Fredericksburg Overlay District shall be determined through the certificate of appropriateness process.

A twenty-foot-wide landscaped perimeter buffer shall be provided around the front, side, or rear perimeter of a development when the Zoning Administrator determines it is necessary to protect existing adjacent development from adverse visual impacts or to present an appearance compatible with an established pattern of adjacent development.

Except for outdoor eating areas at eating establishments, indoor/outdoor, all business and storage shall be conducted within a completely enclosed principal structure, unless approved through a special use permit.

Service of alcoholic beverages under an ABC retail on-premises license is permitted only as a special use.

If a proposed development is located in the "Retail Priority Area" as described in the Area 7 Downtown Plan then it shall be a mixed-use development in accordance with Subsection D below.

The City Council shall consider, in addition to other relevant factors, whether the proposed development includes appropriate provisions for archaeology, historic interpretation, or enhanced open space.

A minimum of 10% of the development site shall consist of formal open space.

The formal open space must be in the form of a plaza, playground, square, or courtyard.

A minimum of 25% of the perimeter of the formal open space shall adjoin a street.

Formal open space shall have a minimum length and width of 25 feet, with a maximum length-to-width ratio of 1:4.

The formal open space shall be landscaped with, at minimum, the number of plants that would be required for a Type B landscaping buffer, as measured along the longest side of the open space. The plantings may be distributed throughout the formal open space area.

A mixed-use structure, or the combination of structures collectively situated on a mixed-use site, shall meet the definition of a "mixed-use development" set forth in § 72-84 of this code.

Within the "Retail Priority Area" established in the Area 7 Downtown Small Area Plan (fronting on Caroline Street between Amelia Street and Wolfe Street, or fronting on William Street between Caroline Street and Charles Street), at least 30% of the gross floor area of the ground floor of (1) a mixed-use structure, or (2) all structures on a mixed-use site that front on these streets, shall consist of uses in the Retail and Consumer Use Group, as defined in § 72-84 of this code.

Residential development shall conform to R-12 Zoning District dimensional standards.

All nonresidential buildings shall be set back at least 40 feet from any front, side, or rear lot line adjoining land in a Residential, Planned Development Residential, or Commercial/Office Transitional Zoning District. A thirty-foot-wide landscaping buffer shall be provided. The Zoning Administrator may also require a fence or wall upon a determination that the development will have an adverse impact on adjacent land.

Outdoor storage and display is permitted only in those areas approved for such uses on the site plan. Uses engaged in fuel sales must store fuel underground.

Residential development shall conform to R-12 Zoning District dimensional standards.

All nonresidential buildings shall be set back at least 40 feet from any front, side, or rear lot line adjoining land in a Residential, Planned Development Residential, or Commercial Transitional/Office Zoning District. A Type D landscaping buffer shall be provided. The Zoning Administrator may also require a fence or wall upon a determination that the development will have an adverse impact on adjacent land.[1]

There is no required side or rear setback from a railroad right-of-way.

There is no required side or rear setback from a railroad right-of-way.

The maximum height may be increased to 90 feet by special use permit.

Residential uses.

Neighborhood commercial uses. Up to 15% of the gross area of the PD-R development may be devoted to neighborhood commercial uses. The neighborhood commercial uses must be provided in such a manner that they are accessible to both vehicles and pedestrians, with primary emphasis on the pedestrian circulation system.

Minimum district size. The minimum size for any PD-R District is five acres.

Minimum lot size.

Urban fabric standards. Urban fabric standards approach bigger picture site considerations. They address the access pattern to the site, the organization of the site into blocks, the transition from the site to adjacent urban fabric, and the location and character of proposed open spaces. Each of the following urban fabric components shall be incorporated into the General Development Plan:

Frontage standards. Frontages shall create the form and fabric of the development and the public realm. Frontages create an active, attractive, and safe public and semipublic edge where the development site abuts a street. In addition, frontages interior to the site shall produce a connected environment through the site, enlivening the development's internal connections and spaces. Frontage standards shall include the following elements:

Building type standards. Building type and placement standards focus on the architectural planning of the building to complete the built form. The standards activate street frontages and other public open spaces. The standards also ensure that the form of the development transitions appropriately in mass, scale, and intensity towards adjacent land uses and transects. Building type standards shall include the following elements:

Optional forms of development. While one of the main purposes of form-based regulations is to provide predictability, it is recognized that high-quality development can also be accomplished other than by strict adherence to the prescribed forms of development allowed by this section. Therefore, a certain degree of flexibility is allowed in certain cases in order to encourage creative designs that may generate different, but equally desirable, means of accomplishing the purposes of a prescribed form of development. An applicant may include optional forms of development as by-right options similar to what has been adopted in the City's Form-Based Code.[1] Where proposed, the optional forms of development shall include:

The development offers a balanced variety of housing. Neighborhood commercial uses, if provided, are complementary to the residential uses;

The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties;

The development provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, pedestrian walkways, and public transportation facilities, where applicable. The proposed pedestrian network connects developed areas of the City with the proposed new development;

The development provides exceptional cultural, educational, and recreational facilities for all segments of the community. The development includes special provisions for the identification, restoration, and preservation of any buildings, structures, areas and sites that have historic, architectural, or archaeological significance, as identified on federal, state or local registers, inventories, or designations;

The development utilizes structures that take maximum advantage of their natural and man-made environment and utilize innovative design and architectural detail;

The development provides for adequate public facilities, as set forth in § 72-22.2, Comprehensive Plan.

The Planned Development-Commercial (PD-C) District is established to provide locations for a full range of retail commercial and service uses which are oriented to serve a regional market area. The district also provides for planned employment centers with offices and professional business uses. The district should be located adjacent to major transportation arteries, with development encouraged in centers planned as a unit.

The district should be reserved for development on contiguous land areas of at least 150 acres under single ownership or control capable of containing an aggregate gross floor area in excess of 500,000 square feet.

Minimum lot size. There shall be no minimum lot size. However, all lots of less than 20,000 square feet shall comply with the following requirements:

Minimum lot width. There shall be no minimum lot width.

Maximum building height. Building heights of up to 90 feet are permitted, and may be increased to 199 feet for telecommunication towers or 135 feet for outdoor recreation structures, subject to approval of a special use permit.

Minimum setback requirements.

Maximum floor area ratio. The maximum floor area ratio shall be 1.00.[1]

The minimum open space requirements for the PD-C District shall be as follows:

For purposes of this section, the term "landscaped open space" shall include wet ponds, wetlands, and similar water amenities.

The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties;

The development provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, and/or pedestrian walkways;

The application provides for adequate public facilities, as set forth in § 72-22.2, Comprehensive Plan;

No travel routes, except pedestrian pathways, are to be constructed, installed, or located on lands having a slope greater than 30%;

Sidewalks or other pedestrian pathways that link older and developed areas of the City are in accordance with the Comprehensive Plan and are located along natural waterways and scenic areas to the maximum extent possible;

The development, where possible, will utilize design and architectural detail harmonious with the size, use, and layout of the parcel;

All business, service, storage, and display of goods shall be permitted only as accessory uses on the same lot with a permitted or special permit use. The outdoor area devoted to storage, loading, and display of goods shall be limited to that area so designated on an approved final site plan or recorded subdivision plat and properly screened from public view; and

All refuse shall be contained in completely enclosed facilities, and screened with material similar to the building so served.[3]

The Planned Development Mixed-Use District is established to promote areas appropriate for office, retail, and residential uses, designed in a unified and cohesive manner in order to create an attractive environment in which to live, work and recreate. Two or more uses shall be integrated into a mixed use project. The district is appropriate in areas designated for mixed-use in the Comprehensive Plan or in areas where design criteria can be used to transition from established uses while accommodating new growth and evolving market trends. Vertical integration of uses is encouraged where appropriate.

Where appropriate, existing environmental features are to be preserved and integrated into the plan of development. In order to lessen the dependence on vehicles, the major land uses are encouraged to be connected by way of pedestrian linkages, bicycle/pedestrian facilities, trails and greenways that tie together the businesses, residences and open space into accessible patterns of development, and connect to adjacent off-site roads, parks and trails. The pedestrian-oriented nature of the district should be emphasized by the building scale and design, block sizes, pedestrian-oriented uses and streetscapes.

This district is considered an urban-style model with uses that are mixed together and easily walkable. For example, main entrances are located close to public streets, parking lots serve multiple uses, residential densities are higher to promote more activity within the development, as well as more public open spaces, and buffers located between different uses within the borders of the development are reduced or eliminated.

The district shall encourage mixed-use development and its accompanying support commercial and office uses while maintaining a strong emphasis on pedestrian scale, urban development and amenities. In order to encourage high-quality design and innovative arrangement of building and open space uses throughout the project, this district provides substantial flexibility from the conventional use and dimensional requirements of the general districts.

The district shall promote a compact mixed-use design, traditional neighborhood pattern of development which includes a hierarchy of interconnected streets and blocks, pedestrian-friendly walkable streets, a variety of housing types and lot sizes, mixed-use commercial neighborhood centers, and a connected passive and active open space network.

For purposes of this district, the following themes are embraced as desired sustainable growth policies and should be included in the design of each project: walkability, green building design, recycling, natural resource protection, and non-commercial community gardens, where appropriate.

A PD-MU development may be appropriate for production-oriented workplace uses. These uses include light manufacturing, contractor's offices, commercial laundry, wholesale sales, warehouse, outdoor storage, regional breweries, regional wineries, and regional distilleries. These uses are permitted either by-right or by special use depending on the overall size of the proposed PD-MU and may be appropriate in portions of the City designated as T-4W or T-5W in the City's Comprehensive Plan.

Minimum district size. The minimum district size for any PD-MU District is two acres. However, the minimum district size in the Lafayette Boulevard Corridor Overlay Districts is 22,000 square feet.

Maximum floor area ratio. The maximum floor area ratio for nonresidential uses shall be two. Additional intensity may be approved by the City Council, as a special use, up to a maximum three.

Residential density.

A PD-MU District shall include two or more different use groups from the following list:

In a PD-MU District, no single use group shall make up more than 75% of the total gross floor area of the development, and all uses are functionally integrated and share vehicular use areas, ingress and egress, and pedestrian access. On the General Development Plan, residential floor area shall be calculated in accordance with § 72-82.5A(3), Mixed Use Ratio. This section shall not prohibit additions or other alterations to dwelling units after they are issued a certificate of occupancy.

Phasing of Use Mix.

Urban Fabric Standards. Urban Fabric standards approach bigger picture site considerations. They address the access pattern to the site, the organization of the site into blocks, the transition from the site to adjacent urban fabric, and the location and character of proposed open spaces. Each of the following Urban Fabric components shall be incorporated into the General Development Plan:

Frontage Standards. Frontages shall create the form and fabric of the development and the public realm. Frontages create an active, attractive, and safe public and semi-public edge where the development site abuts a street. In addition, frontages interior to the site shall produce a connected environment through the site, enlivening the development's internal connections and spaces. Frontage standards shall include the following elements:

Building Type Standards. Building Type and Placement Standards focus on the architectural planning of the building to complete the built form. The standards activate street frontages and other public open spaces. The standards also ensure that the form of the development transitions appropriately in mass, scale, and intensity towards adjacent land uses and transects. Building Type Standards shall include the following elements:

Optional Forms of Development. While one of the main purposes of form-based regulations is to provide predictability, it is recognized that high-quality development can also be accomplished other than by strict adherence to the prescribed forms of development allowed by this ordinance. Therefore, a certain degree of flexibility is allowed in certain cases in order to encourage creative designs that may generate different, but equally desirable, means of accomplishing the purposes of a prescribed form of development. An applicant may include optional forms of development as by-right options similar to what has been adopted in the City's Form Based Code. Where proposed, the Optional Forms of Development shall include:

An applicant may opt to use the City's Form Based Code Appendix.[1] If so, then the GDP must include illustrative diagrams showing the proposed Urban Fabric components as well as a Frontage Map.

The development shall maintain, as much as possible, the existing natural topography of the site by preserving the natural character and existing trees to the greatest extent possible. The site design and structures shall take advantage of their natural and man-made environment and to address sustainability;

Where applicable, the development includes provisions for the identification, restoration and preservation of buildings, structures, and sites that have historic, architectural, or archeological significance. The development provides opportunities for cultural, educational, or recreational facilities for all segments of the development;

The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties. It shall be built around a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, pedestrian walkways, and public transportation facilities, where applicable. Integration of uses and associated shared parking is encouraged to minimize the development footprint;

The development substantially conforms to the Comprehensive Plan with respect to type, character and intensity of use. The development provides for adequate public facilities to serve the intensity and character of the development.

The Planned Development-Medical Center (PD-MC) District is intended to permit the development and growth of general and specialty hospitals to serve as the nuclei of medical center complexes within the City. The principal land use objective of the district is to permit the location around a general hospital of closely related medical uses, such as medical offices, diagnostic laboratories, pharmaceutical centers, special patient care units and allied housing units, in order to provide for an improved, convenient and efficient health care and delivery system for the City region. The district shall be developed in accordance with the Comprehensive Planning principles, guidelines, and performance standards outlined in this section.

The PD-MC District shall not be appropriate unless the generalized development plan submitted by an applicant satisfies the requirements of this section and the adopted Comprehensive Plan, to a significantly greater degree than the requirements of a conventional zoning district.

Minimum district size. The minimum district size for any PD-MC District is 60 acres.

Minimum site size.

Maximum building height. Buildings may be erected up to 110 feet, provided that the setback, side, and rear yard requirements, where applicable, shall be increased one foot for each additional foot of building height over 50 feet.

Front yard requirements.

Side setback requirements. The minimum width of each side setback for a main structure shall be 50 feet, except that, when such use is adjacent to a residential district, there shall be a minimum side setback of 70 feet, provided that the side setback adjacent to the residential district shall not be less than the horizontal distance derived from the ratio of one foot in horizontal distance for every one foot in building height of structure.

Rear setback requirements. Each main structure shall have a rear setback of 50 feet, except that, when such use is adjacent to a residential district, there shall be a minimum rear setback of 70 feet, provided that the rear setback abutting the residential district shall not be less than the horizontal distance derived from the ratio of one foot in horizontal distance for every one foot in building height of structure.

Floor area ratio. The maximum floor area ratio shall be 1.50, provided that the total project area (i.e., area prescribed to total building project boundary or development phase) for each building containing or intended to contain one or more permitted or special uses shall be at least 20,000 square feet; except that additional density regulations shall be applied as follows:

Residential use limitations. The following residential uses are permitted in the PD-MC Zoning District:

The development consists of an orderly and creative arrangement of land uses, both in respect to each other and to adjacent properties;

The application provides a comprehensive and integrated transportation system that separates pedestrian and vehicular traffic, including roadways, bicycle paths, pedestrian walkways, and public transportation facilities, where applicable;

The development utilizes structures that take maximum advantage of their natural and manmade environment and utilize innovative design and architectural details;

The application provides for adequate public facilities, as set forth in § 72-22.2, Comprehensive Plan;

The development substantially conforms to the adopted Comprehensive Plan with respect to type, character and intensity of uses and public facilities;

The development is designed to prevent substantial injury to the use and value of existing surrounding development and does not hinder, deter or impede development of surrounding undeveloped properties in accordance with the adopted Comprehensive Plan;

No travel routes, except pedestrian pathways, are to be constructed, installed or located on lands having a slope greater than 30%;

Sidewalks or other pedestrian pathways that link older or developed areas of the City and proposed new development areas are in accordance with the Comprehensive Plan and are located along natural waterways and scenic areas to the maximum extent possible;

The proposed land uses are those that are indicated on the Table 72-40.2 as being permitted by right or by special use permit, and uses accessory thereto;

The development includes special provisions for the identification, restoration and preservation of buildings, structures, or sites which have historic, architectural, or archeological significance, as may be determined by the Planning Commission;

A master plan depicts the location and conceptual arrangement of proposed and existing open space areas, including landscaped open spaces, a plan for preservation of environmentally sensitive areas, special landscape features for major entryways, and provisions for screening and buffering of proposed buildings and adjacent land uses;

Maintenance and vehicular service buildings are fully screened, landscaped and fenced so as to limit views to the general public and sited in such a fashion so as to minimize their impact on land uses adjacent to the PD-MC District;

Private streets are permitted in the PD-MC District, provided their design and construction comply with standards adopted by the Director of Public Works and ongoing maintenance is established as a shared responsibility of adjacent property owners, as set forth within an agreement signed by all such owners and recorded among the land records of the Circuit Court for the City of Fredericksburg;

All utilities, including telephone, television cable and electrical systems, are to be installed underground. Appurtenances to these systems which require aboveground installations are exempted from this requirement provided they are adequately screened from view;

Heliports and helipads are to be designed, sited and constructed so as to minimize their impact on adjacent land uses. Approach patterns shall be designated to ensure minimal impact on adjacent properties; and

Heliports and helipads are not to be located closer than 100 feet to any residential district. This distance may be increased at the discretion of the Planning Commission, unless the applicant shows that helicopter approach patterns and frequency of use would not adversely impact any residential district.

Protect, restore, and preserve the architectural integrity of existing structures in the district;

Create an atmosphere for compatible growth for the future;

Prevent the intrusion of environmental influences adverse to the intent of the district;

Ensure that new structures and uses in the district will be in keeping with the character of the HFD;

Promote sustainable growth; and

Recognize, protect, and preserve the abundant evidences of the City's industrial history, including, but not limited to, mill sites, canals, locks, dams, and similar structures located along the Rappahannock River, within the designated HFD.

Are associated with events that have made a significant contribution to the broad patterns of history;

Are associated with the lives of persons significant in the past;

Embody the distinctive characteristics of a type, period, or method of construction, represent the work of a master, possess exceptional artistic value, or represent a significant and distinguishable entity whose components may lack individual distinction; or

Have yielded, or may be likely to yield, information important in prehistory or history.

New construction;

Any exterior alteration (except painting) to a principal or accessory building or structure visible from a public right-of-way, not to include alleys, or from public land;

Demolition, razing, or removal of any historic landmark, building, or structure;

Installation of a new fence or wall; or

Installation of a new sign.

Lands within the HFD Overlay District shall be subject to the standards in this section, the City of Fredericksburg Historic District Handbook, as well as all other applicable base and overlay zoning district standards in Article 72-3, Zoning Districts.

For all lots within the HFD, front and side setbacks shall be established by use of the rules for averaging setbacks in § 72-82.4B(2), regardless of the setback requirements of the underlying zoning district or any other overlay district in which the lot is located.

In the event of conflict between the standards in this section and any other applicable section of this chapter or other City regulation, the standards of this section shall apply. The Virginia Uniform Statewide Building Code including Part III the Virginia Maintenance Code shall apply in the event of conflict between its standards and the standards in this section.

Downtown Historic District Component. This component shall consist of that contiguous area along the Rappahannock River known generally as the "historic downtown area" and being more particularly described on that portion of the Official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Old and Historic Fredericksburg District Boundary."

Old Mill Historic District component. This component shall consist of all those lots or parcels of land containing the following historic sites and being more particularly described on that portion of the official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Downtown Historic District Boundary:"

Old Walker-Grant Historic District component. This component shall consist of the contiguous area extending generally from Dunmore Street south to Hazel Run and from Dixon Street, at Charles Street, to the CSX Railroad right-of-way, as more particularly described on that portion of the Official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Old and Historic Fredericksburg District Boundary."

Individual Historic Sites component. This component shall consist of those parcels of land containing the following historic sites and being more particularly described on that portion of the Official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Old and Historic Fredericksburg District Boundary."

Uses permitted. Any permitted use, and any use allowed with a special use permit in the underlying zoning district in which land is located shall also be allowed within the HFD.

Special uses. The following uses shall also be permitted in the HFD, in addition to those authorized within the underlying zoning district, subject to the approval of a special use permit in accordance with § 72-22.6, Special use permits:

Special use permit procedure. The ARB may review and make recommendations to the Planning Commission on any application for a special use permit in the HFD.

Application of Uniform Statewide Building Code standards. Nothing in this chapter shall be construed as preventing the application of the Uniform Statewide Building Code or other applicable ordinances to development in the HFD, subject to the conflict resolution provisions in Subsection D, above. Neither the owner nor the person in charge of an historic landmark, building, or structure shall allow such property to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce a detrimental effect upon the character of the HFD within the area of such property. The Zoning Administrator shall notify the Building Maintenance Official of a violation of this section that comes to the Administrator's attention.

Statutory authorization and purpose. Zoning ordinances shall be for the general purpose of promoting the health, safety, or general welfare of the public (Virginia Code § 15.2-2283) and improve the public health, safety, convenience, and welfare of their citizens (§ 15.2-2200). To these ends, this floodplain ordinance is designed to provide for safety from flood, to facilitate the provision of flood protection, and to protect against loss of life, health, or property from flood. This district is established pursuant to the authority granted to localities (Virginia Code § 15.2-2280). The purpose of these provisions is to prevent: the loss of life, health, or property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

Applicability. These provisions shall apply to all privately and publicly owned lands within the jurisdiction of the City of Fredericksburg and identified as areas of special flood shown on the flood insurance rate map (FIRM) or included in the flood insurance study (FIS) that are provided to the City by FEMA.

Compliance and liability.

Records. Records of actions associated with administering this § 72-34.3 shall be kept on file and maintained by or under the direction of the Floodplain Administrator in perpetuity.

Abrogation and greater restrictions. To the extent that the provisions are more restrictive, this § 72-34.3 supersedes any ordinance currently in effect in flood-prone districts. To the extent that any other existing law or regulation is more restrictive or does not conflict it shall remain in full force and effect. These regulations are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between these regulations and any other ordinance, the more restrictive shall govern.

Severability: see City Code § 1-13.

Penalty for violations. Any person who fails to comply with any of the requirements or provisions of this section or directions of the Director of Planning or any authorized employee of the City shall be guilty of the appropriate violation and subject to the penalties thereof. The VA USBC addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the Zoning Ordinance of the City of Fredericksburg are addressed in Article § 72-7 of the Unified Development Ordinance. In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this § 72-34.3. The imposition of a fine or penalty for any violation of, or noncompliance with, this § 72-34.3 shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this § 72-34.3 may be declared by the City to be a public nuisance and abatable as such.

Designation of the Floodplain Administrator. The Stormwater Manager is hereby appointed to administer and implement these regulations and is referred to herein as the Floodplain Administrator. The Floodplain Administrator may:

Duties and responsibilities of the Floodplain Administrator. The duties and responsibilities of the Floodplain Administrator shall include but are not limited to:

Use and interpretation of FIRMs. The Floodplain Administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

Jurisdictional boundary changes.

District boundary changes. The delineation of any of the floodplain districts may be revised by the City Council where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents the need for such change. However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency. A completed LOMR is a record of this approval.

Interpretation of district boundaries. The Zoning Administrator, in consultation with the Floodplain Administrator, is authorized to interpret the boundaries of the flood hazard overlay district, subject to any aggrieved person's right to appeal any decision, determination or order to the Board of Zoning Appeals as provided in § 72-22.8.

Submitting model-backed technical data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. The community may submit data via a LOMR. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

Letters of map revision. When development in the floodplain will cause or causes a change in the base flood elevation, the applicant, including state agencies, must notify FEMA by applying for a conditional letter of map revision and then a letter of map revision.

Description of special flood hazard districts.

Overlay concept. The Floodplain Districts described above shall be overlays to the existing underlying districts as shown on the official Zoning Ordinance Map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions. If there is any conflict between the provisions or requirements of the Floodplain Districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

Permit and application requirements.

General standards.

Elevation and construction standards. In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with Subsection C(1)(a)[3] the following provisions shall apply:

Standards for subdivision proposals.

The Floodplain Manager has determined that:

The changes are required to comply with a citation for a health or safety violation.

The structure is an historic structure and the change required would impair the historic nature of the structure.

Variances shall be issued only upon:

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may occur. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. Variances may be issued by the Board of Zoning Appeals for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with the provisions of this subsection.

Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that the criteria of this subsection are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

In passing upon applications for variances, the Board of Zoning Appeals shall satisfy all relevant factors and procedures specified in other sections of the Zoning Ordinance and consider the following additional factors:

The Board of Zoning Appeals may refer any application and accompanying documentation pertaining to any request for a variance to any engineer or other qualified person or agency for technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the adequacy of the plans for flood protection and other related matters.

Variances shall be issued only after the Board of Zoning Appeals has determined that the granting of such will not result in: a) unacceptable or prohibited increases in flood heights; b) additional threats to public safety; c) extraordinary public expense; and will not d) create nuisances; e) cause fraud or victimization of the public; or f) conflict with local laws or ordinances.

Variances shall be issued only after the Board of Zoning Appeals has determined that the variance will be the minimum required to provide relief.

The Board of Zoning Appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the one-percent-chance flood elevation: a) increases the risks to life and property; and b) will result in increased premium rates for flood insurance.

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that are issued shall be noted in the annual or biennial report submitted to the Federal Insurance Administrator.

The construction and maintenance of noncommercial catwalks, piers, boathouses, boat shelters, fences, duckblinds, wildlife management shelters, footbridges, observation decks and shelters and other similar structures, provided that such structures are so constructed on pilings as to permit the reasonably unobstructed flow of the tide and preserve the natural contour of the wetlands;

The cultivation and harvesting of shellfish, and worms for bait;

Noncommercial outdoor recreational activities, including hiking, boating, trapping, hunting, fishing, shellfishing, horseback riding, swimming, skeet and trap shooting, and shooting on shooting preserves, provided that no structure shall be constructed except as permitted in Subsection C(1);

Other outdoor recreational activities, provided they do not impair the natural functions or alter the natural contours of the wetlands;

Grazing, haying, and cultivating and harvesting agricultural, forestry or horticultural products;

Conservation, repletion and research activities of the Commission, the Virginia Institute of Marine Science, the Department of Game and Inland Fisheries and other conservation-related agencies;

The construction or maintenance of aids to navigation that are authorized by governmental authority;

Emergency measures decreed by any duly appointed Health Officer of a governmental subdivision acting to protect the public health;

The normal maintenance and repair of, or addition to, presently existing roads, highways, railroad beds, or facilities abutting on or crossing wetlands, provided that no waterway is altered and no additional wetlands are covered;

Governmental activity in wetlands owned or leased by the Commonwealth or a political subdivision thereof;

The normal maintenance of man-made drainage ditches, provided that no additional wetlands are covered. This paragraph does not authorize the construction of any drainage ditch; and

The construction of living shoreline projects authorized pursuant to a general permit developed under subsection B of § 28.2-104.1 of the Code of Virginia.

Any person who desires to use or develop any wetland within the City of Fredericksburg, other than for the purpose of conducting activities specified in § 72-34.4C, shall first file an application for a permit directly with the wetlands board or with the Commission.

The permit application shall include the following:

A nonrefundable processing fee shall accompany each permit application. The fee shall be set by the City of Fredericksburg, with due regard for the services to be rendered, including the time, skill, and administrator's expense involved.

All applications, maps, and documents submitted shall be open for public inspection in the office of the Stormwater Administrator.

Not later than 60 days after receipt of a complete application, the Wetlands Board shall hold a public hearing on the application. The applicant, local governing body, Commissioner, owner(s) of record of any land adjacent to the wetlands in question, known claimants of water rights in or adjacent to the wetlands in question, the Virginia Institute of Marine Science, the Department of Wildlife Resources, the State Water Control Board, the Department of Transportation, and any governmental agency expressing an interest in the application shall be notified of the hearing. The board shall mail or email these notices not less than 20 days prior to the date set for the hearing. The Wetlands Board shall also (i) cause notice of the hearing to be published at least once in the seven days prior to such hearing in a newspaper of general circulation in the City of Fredericksburg; (ii) post a notice of the hearing on its website at least 14 days prior to such hearing; and (iii) provide a copy of such notice to the Commission for submittal to the Virginia Regulatory Town Hall. The published notice shall specify that copies of the application may be examined in the office of the Stormwater Administrator. The costs of publication shall be paid by the applicant. In the event the board submits a correct and timely notice for publication and the newspaper fails to publish the notice or publishes the notice incorrectly, the board shall be deemed to have met the notice requirements of this subsection so long as the notice is published in the next available edition of such newspaper.

Approval of a permit application shall require the affirmative vote of three members of a five-member board or four members of a seven-member board.

The chairman of the board, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. Any person may testify at the public hearing. Each witness at the hearing may submit a concise written statement of his testimony. The board shall make a record of the proceeding, which shall include the application, any written statements of witnesses, a summary of statements of all witnesses, the findings and decision of the board, and the rationale for the decision.

The board shall make its determination within 30 days of the hearing. If the board fails to act within that time, the application shall be deemed approved. Within 48 hours of its determination, the board shall notify the applicant and the Commissioner of its determination. If the board fails to make a determination within the thirty-day period, it shall promptly notify the applicant and the Commission that the application is deemed approved. For the purposes of this section, "act" means taking a vote of the application. If the application receives less than four affirmative votes from a seven-member board or less than three affirmative votes from a five-member board, the permit shall be denied.

If the board's decision is reviewed or appealed, the board shall transmit the record of its hearings to the Commissioner. Upon a final determination by the Commission, the record shall be returned to the board. The record shall be open for public inspection at the Office of the Stormwater Administrator.

The board may require a reasonable bond or letter of credit in an amount and with surety and conditions satisfactory to it, securing to the Commonwealth compliance with the conditions and limitations set forth in the permit. The board may, after a hearing held pursuant to this section, suspend or revoke a permit if the applicant has failed to comply with any of the conditions or limitations set forth in the permit or has exceeded the scope of work described in the application. The board may, after a hearing, suspend a permit if the applicant fails to comply with the terms and conditions set forth in the application.

In fulfilling its responsibilities under this section, the board shall preserve and prevent the despoliation and destruction of wetlands within its jurisdiction, while accommodating necessary economic development in a manner consistent with wetlands preservation and any standards set by the Commonwealth in addition to those identified in § 28.2-1308 to ensure protection of shorelines and sensitive coastal habitats from sea level rise and coastal hazards, including the provisions of guidelines and minimum standards promulgated by the Commission pursuant to § 28.2-1301 of the Code of Virginia.

In deciding whether to grant, grant in modified form, or deny a permit, the board shall consider the following:

The board shall grant the permit if all of the following criteria are met:

If the board finds that any of the criteria listed in subsection E(3) of this section are not met, the board shall deny the permit application, but allow the applicant to resubmit the application in modified form.

The permit shall be in writing, signed by the chairman of the board or his authorized representative, and notarized. A copy of the permit shall be transmitted to the Commissioner.

No permit shall be granted without an expiration date established by the board. Upon proper application, the board may extend the permit expiration date.

No permit granted by the Wetlands Board shall in any way affect the applicable zoning and land use ordinances of the City of Fredericksburg or the right of any person to seek compensation for any injury in fact incurred by him because of the proposed activity.

Protecting sensitive environmental lands within the City;

Safeguarding the quality of state waters, including the Chesapeake Bay and the Rappahannock River;

Reducing existing pollution of state waters; and

Promoting water resource conservation for the health, safety, and welfare of all present and future citizens of the City.

The CBPO standards in this section shall be applied in addition to all other applicable base and overlay zoning district standards.

In cases where a portion of a lot or site is within the CBPO district boundary, the entire lot or site shall be considered within the CBPO district boundary.

Generally. The CBPO District shall consist of all lands designated by City Council as resource protection areas and resource management areas and shown on the official maps known as the "Chesapeake Bay Preservation Area Maps." Such maps are hereby incorporated by reference and made a part of this chapter.

Resource protection areas.

Resource management areas. Resource management areas (RMAs) may include the following land categories:

Intensely developed areas. Intensely developed areas (IDAs) shall consist of those portions of resource protection areas meeting the definition of "intensely developed area" and that have been so designated by the City Council and shown on the City's Chesapeake Bay Preservation Area Maps.

Generally. The CBPO Map may be used as a guide to the general location of resource protection areas. However, the site-specific boundaries of the resource protection area shall be determined by the applicant through the performance of an environmental site assessment or water quality impact assessment, subject to approval by the Stormwater Administrator and in accordance with this section.

Construction of single-family dwelling. The Stormwater Administrator may waive the requirement for an environmental site assessment and perform the delineation when requested by the applicant wishing to construct a single-family dwelling. The Stormwater Administrator may use hydrology, soils, plant species, and other data, and consult with other appropriate resources, as needed, to perform the delineation.

Generally. The only facilities allowed within resource protection areas in the CBPO district shall consist of:

Water-dependent facilities. A new or expanded water dependent facility may be allowed provided that the following criteria are met:

Redevelopment. Redevelopment on isolated redevelopment sites outside of locally designated "intensely developed areas" sites shall be permitted only if:

Wells, Passive Recreation, and Historic Preservation. Water wells, passive recreation facilities such as boardwalks, trails, and pathways, and historic preservation and archaeological activities may be permitted in the RPA, provided that they comply with the following:

Flood control and stormwater management facilities. Flood control and stormwater management facilities that drain or treat water from multiple development projects or from a significant portion of a watershed may be allowed in the RPA, provided that the following conditions are met:

Land disturbance shall be limited to the area necessary to provide for the proposed development or redevelopment as follows:

Indigenous vegetation shall be preserved to the maximum extent practicable, consistent with the use and development permitted and in accordance with the current edition of the Virginia Erosion and Sediment Control Handbook (available for use until July 1, 2025), or the Virginia Stormwater Management Handbook, Version 1.0 (or most current version) of the Virginia Department of Environmental Quality, as follows:

Land development shall minimize impervious cover to promote infiltration of stormwater into the ground, consistent with the use or development permitted.

Non-point-source pollution shall be controlled in accordance with the water quality provisions of the Virginia Stormwater Management Regulations by the use of best management practices to achieve the following:

Prior to initiating grading or other on-site land disturbing activities on any portion of a lot or parcel, all wetlands permits required by federal, state, and local laws and regulations shall be obtained and evidence of such permits submitted to the Stormwater Administrator as part of site plan review.

To the extent feasible, water lines, sewer lines, local gas transmission lines shall:

Construction, installation, operation, and maintenance of electric, natural gas, fiber-optic, and telephone transmission lines, railroads, and public roads and their appurtenant structures shall be constructed and maintained in accordance with:

Any exemption of public roads is conditioned on a design that prevents or otherwise minimizes encroachment into the resource protection area and minimizes any adverse effects on water quality, consistent with all applicable requirements.

Buffer required.

Vegetation removal. In order to maintain the functional value of buffer areas, indigenous vegetation may be removed, subject to approval by the Stormwater Administrator, to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those designed to prevent upland erosion and concentrated flows of stormwater, as follows:

Permitted encroachment into the buffer.

A request for an exception to the RPA standards in Subsection I above shall be made in writing to the Stormwater Administrator. It shall identify the impacts of the proposed exception on water quality and on lands within the resource protection area through the performance of a water quality impact assessment which complies with the provisions of Subsection L(2) and (3) below.

The Stormwater Administrator shall notify the affected public of any such exception requests and shall consider these requests in a public hearing in accordance with § 15.2-2204 of the Code of Virginia, as amended, except that only one hearing shall be required.

The Board of Zoning Appeals (BZA) shall review the request for an exception and the water quality impact assessment and may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of this article if the BZA finds:

If the BZA cannot make the required findings or refuses to grant the exception, the Stormwater Administrator shall return the request for an exception together with the water quality impact assessment and the written findings and rationale for the decision to the applicant.

A request for an exception to any requirements of this section (other than those related to RPA in Subsection I above) shall be made in writing to the Stormwater Administrator. The BZA may grant these exceptions provided that:

Notwithstanding any other provision of law to the contrary, the Stormwater Administrator shall require all agencies of the commonwealth and shall request all federal agencies, railroads, and public utilities proposing to undertake development or redevelopment within the CBPO District to submit the site plan information required by this section, mutatis mutandis, to the Stormwater Administrator in order for the Stormwater Administrator to determine whether such development or redevelopment is consistent with the provisions of this section.

For all state projects, the Stormwater Administrator shall transmit the results of review to the State Council on the Environment or other appropriate state agencies responsible for ensuring consistency of state projects with the City's Chesapeake Bay Preservation Ordinance, as required by Code of Virginia § 10.1-2114.

The City Manager shall communicate periodically at least annually with all railroads, public utilities, the state department of transportation, and all other federal, state and local agencies and departments which could reasonably be expected to undertake development or redevelopment within the CBPO District and inform such entities of the terms of the City's CBPO and any amendments thereto.

It shall be the intent of this section for the Stormwater Administrator to seek voluntary compliance by such entities with the provisions of this section.

General information. If any proposed development or redevelopment within the CBPO District exceeds 2,500 square feet of land disturbance, then the following additional information shall be submitted as all or part of the site plan required by this section:

Water quality impact assessment.

Water quality impact assessment contents. A major water quality impact assessment shall include the following information and elements:

Encouraging a mixture of land uses with adequate buffering, screening, and landscaping to help reduce the visual impacts of development;

Requiring site development, layout, and design that will reduce traffic congestion and promote safer driving conditions;

Enhancing the overall appearance and natural environment of the City's gateway corridors in order to make them more inviting to tourists and other visitors;

Promoting development and redevelopment that is compatible with and sensitive to the natural and historic resources of the district and the neighborhoods;

Encouraging well-planned development that employs consistent and unifying site design themes and practices and that provides quality site amenities (e.g., ornamental lighting, pedestrian walkways, and gardens); and

Promoting development that utilizes structural and landscape improvements to enhance the visual appearance of such development and to complement other new development within the corridor.

In general.

Exemptions. Single-family detached dwellings shall be exempt from building elements (orientation, treatment, entrances/windows) guidelines in the Design Guidelines for each corridor.

Conflict with other provisions. In the event of conflict between the provisions of this section and another City ordinance or regulation, the more restrictive provision shall control.

Cowan Boulevard Corridor. The Cowan Boulevard Corridor Subdistrict shall include all lands beginning at the intersection of Jefferson Davis Highway (U.S. Route 1 Bypass) and Cowan Boulevard and running along Cowan Boulevard in a northwesterly direction to its intersection with Interstate Route 95. The district shall extend back on each side of Cowan Boulevard a distance of 500 feet, as measured from the edge of the public right-of-way, and being more particularly described on that portion of the Official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Cowan Boulevard Gateway Corridor Boundary."

Fall Hill Avenue Corridor. The Fall Hill Avenue Corridor Subdistrict shall include all lands beginning at the intersection of Fall Hill Avenue and Riverside Drive and running along Fall Hill Avenue in a westerly direction to its intersection with Interstate Route 95. The district shall extend back on each side of Fall Hill Avenue a distance of 500 feet, as measured from the edge of the public right-of-way, and being more particularly described on that portion of the Official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Fall Hill Avenue Gateway Corridor Boundary."

Princess Anne Street Corridor. The Princess Anne Street Corridor Subdistrict shall include all lands beginning at the intersection of Pelham Street and Princess Anne Street and running along Princess Anne Street in a southerly direction to its intersection with Fauquier Street, excluding any properties within the Creative Maker District. The district shall include those properties that are contiguous to Princess Anne Street being more particularly described on that portion of the Official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Princess Anne Street Gateway Overlay Corridor."

Lafayette Boulevard Corridor. The Lafayette Boulevard Corridor Subdistrict shall include all lands beginning at the intersection of Lafayette Boulevard and Prince Edward Street and running along Lafayette Boulevard in a westerly direction to the City/county line. The district shall include those properties that are contiguous to Lafayette Boulevard being more particularly described on that portion of the Official Zoning Map of the City consisting of a map entitled "City of Fredericksburg, Virginia, Official Zoning Overlay Map, Lafayette Boulevard Corridor Overlay District."

Outside storage or display of products, goods, or materials;

Outside speakers that are audible beyond the boundaries of the property on which they are located; and

Transmission towers.

Streetscape buffers. The front yard setback areas within the GCO shall be reserved for streetscape buffers consisting primarily of landscaped open space and berms, but may also include amenities such as sidewalks, trails, utilities, and lighting, in accordance with the following standards:

Vehicular access. Vehicular use areas shall be provided, in accordance with the requirements set forth in Article 72-5. To the maximum extent practicable, vehicular access to lots along gateway corridors shall be provided by means of shared curb cuts so as to limit the number of individual entrances onto such corridors.

Exterior lighting. Exterior lighting shall comply with the maximum illumination standards in § 72-58, Exterior lighting.

Screening.

Landscaping. Landscaping shall be provided in accordance with the standards set forth in Article 72-5.

Building and fence design standards.

Signage shall comply with § 72-59.

Subdistrict components. The Princess Anne Street Corridor Subdistrict is comprised of several component areas (each with specialized standards) identified in the Princess Anne Street Historic Corridor Overlay District Design Guidelines document on file in the office of the Planning Department.

Design standards. All development subject to these standards shall comply with the provisions in the Princess Anne Street Historic Corridor Overlay District Design Guidelines document, dated June 12, 2007.

Building bulk and massing.

Yard requirements. The setbacks contained within section of the Princess Anne Street Historic Corridor Overlay District Design Guidelines shall replace the minimum front setbacks set forth in the applicable base zoning district.

Design and location of parking lots. Parking areas shall be located to the rear or sides of buildings. Up to one double sided bay of parking is permitted in front of buildings within the Old Route 1 portion of the Princess Anne Street Historic Corridor Overlay District. In all other aspects, vehicular use areas shall comply with the standards set forth within Article 72-5.

Exterior lighting. In addition to the exterior lighting standards set forth with in Article 72-5, § 72-58, the following shall apply:

Subdistrict components. The Lafayette Boulevard Corridor Subdistrict is comprised of several component areas (each with specialized standards) identified in the Lafayette Boulevard Corridor Overlay Design Guidelines document on file in the office of the Planning Department.

Design standards. All development subject to these standards shall comply with the provisions in the Lafayette Boulevard Corridor Overlay Design Guidelines document.

Building bulk and massing.

Yard requirements. The setbacks contained within the section of the Lafayette Boulevard Corridor Overlay District Design Guidelines shall replace the minimum front setbacks set forth in the underlying zoning district.

Design and location of parking lots.

Exterior lighting. In addition to the exterior lighting standards set forth within Article 72-5, § 72-58, the following shall apply:

Building setbacks shall be consistent with other buildings on the block face and across the street to maintain a consistent wall plane or edge of building facades along public frontages.

In no instance shall a new building's front setback vary by more than 10% from the front setback of adjacent buildings.

New commercial buildings shall use residential roof types to maintain compatibility with surrounding residential uses.

Consistency in roof forms with adjacent buildings shall be addressed by using varying heights and proportions.

A flat roof shall only be permitted for new buildings located between two existing buildings with flat roofs.

All off-street parking shall be provided to the side or the rear of the building(s). The Development Administrator may approve parking between a building and the street it faces when there are unique site specific circumstances not created by the property owner or as a result of the building design, such as when the building contains two or more usable floors above grade.

A single-loaded parking bay shall be permitted between a building and the street it faces when the building contains two or more usable floors above grade.

When required, off-street parking shall be established in one or more of the following locations (listed in priority order):

Separate service-related activities associated with commercial uses shall be located behind or to the sides of buildings away from adjacent residential uses, screened with walls and/or landscaping, and provided with access that is integrated with parking areas and the on-site vehicular circulation network.

Outdoor storage, trash collection, and loading areas shall not be visible from public or private rights-of-way.

Encouraging the shared use of surface parking areas;

Providing for alternative site development, layout, and design that minimizes the reliance on large asphalt parking fields;

Enhancing the overall appearance and preserving the natural environment of the City's Special Tourism and Events District to make them more inviting to tourists and other visitors; and

Encouraging well-planned transportation facilities that employ consistent and unifying site design themes and practices and that provide a diverse range of accessibility to the district (e.g., by personal automobile, ride-share, or other transit).

In general. Campuses in the TOD shall encompass a minimum of 150 contiguous acres in which efficiencies of scale and cluster siting may be realized. Additionally, campuses in the TOD shall be located in areas suitable for industrial development of adequate existing or new infrastructure.

A "campus" is defined as an inter-connected network of physical facilities and cohesive perimeter buffers located within a contiguous geographic area governed by a unified site or masterplan whether in single or multiple ownership.

Establishment of the TOD district. Land shall be added to the TOD in accordance with the procedure in § 72-23, Map amendments, and this section.

Interpretation. The TOD shall overlay the existing zoning district and shall impose additional or modified restrictions on the use of the property. The regulations and requirements of the underlying zoning district and the TOD shall both apply; provided, however, that when the provisions of this section expressly conflict with the provision of an underlying zoning district or other provision of the UDO, the TOD regulations shall supersede, apply, and govern. To the extent not in express conflict, the provisions of the UDO shall be read in harmony.

College or university;

Vocational or trade school;

Data center or small data center;

Research and development;

Light manufacturing;

Electricity substations, transmission lines, and distribution needed to support a TOD campus development may be sited in the TOD, provided that siting of public facilities shall be in substantial accord with the comprehensive plan as provided by § 72-22.2, Subsection E, as applicable; utility-scale solar-generating facilities or power generation battery storage facilities producing two megawatts or more of electricity which leaves the TOD site boundaries, or where the solar or battery storage facility is the principal use of a parcel within the TOD, shall require a special use permit if not otherwise permitted by-right in the underlying zoning;

Utility, minor; or

In addition to any use provided in Subsections C(1) through (5) above, the following accessory uses which support otherwise permitted uses are permitted by right:

Rappahannock River viewshed. Principal and accessory buildings and ancillary equipment within the TOD shall not be visible to the naked eye from the Rappahannock River frontage regardless of season. Electrical utilities subject to approval of the State Corporation Commission shall not be limited in height by the TOD. Existing topographical features, along with new vegetation or construction of supplemental berms planted with native plants, may be used to screen buildings from view. A viewshed analysis shall be submitted demonstrating compliance to the City prior to issuance of final site plan approval.

Minimum setback requirements.

Perimeter buffers.

Buffers associated with each phase or incremental expansion of a campus must be shown on a landscaping plan submitted with each individual site plan. Vegetation that will remain on and is within a landscaping buffer provided on an easement on adjacent property may be used to satisfy the requirements of this Subsection D(4).

Landscaping.

Noise. Any noise which emanates from operation or other activity associated with any data center or research, development, or light manufacturing facility, or their accessory uses will be limited to a maximum volume in A-weighted decibels of 60 dBA during the day (7:00 a.m. until 9:00 p.m.) and 55 dBA night (9:00 p.m. through 7:00 a.m.). Such levels may be measured at the campus boundary. Notwithstanding the foregoing, the following activities and operations are exempt from the restrictions stated in this Subsection D(6):

Noise studies. A series of noise propagation studies shall be conducted and submitted to the City as outlined herein.

Industrial water cooling. No permitted or accessory use described under this TOD not otherwise permitted by right in the underlying zoning district shall be permitted to permanently utilize potable water for industrial cooling, including but not limited to a data center use. The foregoing prohibition shall not apply to water requirements of domestic water (drinking water and sanitary facilities for employees and occupants) and fire suppression standards addressed elsewhere in the UDO. Temporary potable water for industrial cooling may be provided through a Water Services Agreement (WSA) approved by the City Council to bridge initial water requirements while an industrial reuse water cooling system is constructed to serve development or redevelopment in the TOD. If a reuse water system is required for data center cooling, a WSA shall be required prior to the construction and development of said system, which WSA shall include, at the City's sole discretion, at least the following requirements: (i) that the data center developer shall finance and construct all of the reuse water cooling system; (ii) that if temporary potable water for data center cooling is necessary the City shall limit the daily quantity and period of use of said water; (iii) establishment of fees for availability and use of the reuse water cooling system; (iv) confirm the available amounts of wastewater capacity to operate the reuse water cooling system and discharging requirements for the same; (v) term for the WSA; (vi) periodic reporting of water usage; and (vi) other terms and conditions mutually agreeable to the City and data center operator. A WSA shall be subject to a public hearing prior to adoption. Notwithstanding anything to the contrary under this TOD, in no event shall ground water, water withdrawal from a quarry, or raw water drawn directly from the Rappahannock River be utilized for data center cooling.

Fencing. Fencing of the property improvements may be located inside the buffer area. Fences may be up to eight feet in height in all yards. No barbed wire fencing shall be permitted except on fences surrounding electrical substations.

Lot requirements and streets. TOD developments may include private roads or commercial driveways with controlled and secured access. Private roads within a TOD are exempt from applicable UDO street block and length development standards. Inter-parcel connection requirements may be waived if alternative emergency access areas are available.

Building height. The maximum height shall be no more than 90 feet. The height limitation shall not apply to parapets, screening, spires, belfries, cupolas, roof-mounted antennas or communications towers, air cooling ventilation equipment, ventilators, or other appurtenances usually required to be placed on the roof level and not intended for human occupancy, which shall be subject to the exception stated in § 72-82.6(B)(1). Similarly, the height of utility infrastructure shall be so restricted to the extent allowed by law. A special exception permit to exceed the maximum building height may be sought as provided by § 72-22.7.

Lighting requirements.

Minimizing air pollution particulate. On-site generators shall be of equal or greater to the equivalent of Tier 4 or use natural gas microgrid power.

Trail connectivity. To the extent reasonably practicable, all development within the TOD will be encouraged to maintain any existing trail system within the TOD and provide connections contemplated by the comprehensive plan.

Future transportation network. To the extent reasonably practicable, development within the TOD will be encouraged to reserve adequate right-of-way area to support a future river transportation crossing.

Clean energy goals. To the extent reasonably practicable, all development within the TOD will be encouraged to implement elements of the City's Environmental Sustainability Program goals, which may include among other initiatives a commitment to develop on-site renewable energy generation and/or use of renewable energy credits or power purchase agreements to operate data center uses within the TOD.