Fredericksburg City Zoning Code
Article 72
5 Development Standards
72-50.1 Purpose.
The purpose of Article 72-5 and the various sections and subsections
set forth herein is to establish community standards for development
in the City, to assure the development of land in an orderly fashion
in harmony with existing and planned patterns within the community,
to improve the public health, safety, convenience and welfare of citizens;
to develop community centers with adequate highway, utility, health,
educational and recreational facilities; to provide residential areas
with health surroundings for family life; and to ensure that the growth
of the community will be consonant with the efficient and economical
use of public funds.
72-50.2 Applicability.
A.
General. Except where otherwise expressly stated, the standards in
Article 72-5 apply to all development in the City, as well as to all
rights-of-way.
B.
Time of review. Compliance with the development standards set forth
in Article 72-5 shall also be required:
C.
Existing development.
(1)
Review for compliance with the standards in Article 72-5 shall
take place as part of the review of an application for approval of
a site plan, subdivision, planned development, cluster development,
special use permit, special exception zoning permit, or other development
approval required by this chapter, as may be applicable in a particular
situation.
(2)
The requirements of this Article shall not apply to any development
that is the subject of a site plan, or a recorded subdivision plat,
approved prior to October 8, 2013.
72-50.3 Naming.
A.
Subdivision names. New subdivisions shall be identified by the name
by which the intended subdivision is to be known. Names shall not
duplicate or closely approximate names already in use in Fredericksburg,
Spotsylvania County or Stafford County. The proposed name shall be
reviewed for approval by the Geographic Information System Manager,
the Emergency Communications Center Supervisor, and the Fire Marshal.
B.
Street names. New streets shall be identified by the name by which
they are intended to be known. Names shall not duplicate or closely
approximate names already in use in the City. The proposed names shall
be reviewed for approval by the Geographic Information System Manager,
the Emergency Communications Center Supervisor, and the Fire Marshal.
72-50.4 Monuments and corners.
A.
Materials, dimensions, and construction details for monuments and
corners on streets shall be in accordance with VDOT requirements.
B.
All other lot corners shall be marked with solid metal pins not less
than 5/8 inch in diameter and 24 inches long and driven so as to be
flush with the finished grade. When rock is encountered, the solid
metal monument shall be set in a hole drilled at least one-half inch
deep in the rock.
72-50.5 Archaeological resources.
[Added 4-27-2021 by Ord. No. 21-08]
A.
Purpose
and intent. The purpose of this section is to identify, evaluate,
preserve, excavate, and interpret archaeological resources located
within the City of Fredericksburg during the process of land development
in order to promote the general welfare, education, and economic well-being
of the City and to disseminate archaeological and historical data.
B.
A reconnaissance
(Phase IA) archaeological report shall be required for any development
that requires major site plan approval. The developer shall submit
the report for review with the major site plan application. In the
alternative, the developer may begin the application process with
a Phase IB, II, or III study.
(1)
The
reconnaissance report process shall be completed by an archaeologist.
(2)
Tasks
included in the reconnaissance study shall include a background literature
and records review at the City of Fredericksburg and the Virginia
Department of Historic Resources (DHR), archival research as appropriate,
field study, and preparation of a report.
(3)
Associated
field studies shall include a visual inspection of the property including
documentation through photography, written notes, and mapping.
(4)
The
archaeologist shall perform limited subsurface investigation as part
of the reconnaissance when he or she deems necessary. In those instances,
the following standards apply: (a) excavation shall include a minimum
of two judgmentally placed shovel test pits to assess soil integrity
and the potential for intact archaeological deposits; (b) shovel test
pits shall be no smaller than 15 inches in diameter, excavated at
intervals no greater than 50 feet, and will continue to sterile subsoil,
if possible; (c) all soils from shovel test pits must be screened
through one-fourth-inch hardware cloth and all materials retained
for analysis. Recovered artifacts are the property of the landowner.
(5)
Data gathered during the background review, archival research, and field study shall be incorporated in a report that meets the DHR's guidelines for technical documents. The report shall be reviewed by an individual meeting the Secretary of the Interior's Professional Qualification Standards as part of the major site plan application through the process set forth in § 72-26.1C.
(6)
If
the Zoning Administrator finds, after review of the reconnaissance
report, that an archaeological site does not exist or that no significant
archaeological resources will be adversely affected by the development,
the major site plan application may proceed through the remainder
of the review process.
(7)
When
the Zoning Administrator finds, after review of the reconnaissance
report, that an archaeological site may exist and that significant
archaeological resources may be adversely affected by the development,
the Zoning Administrator shall request an identification-level survey
(Phase IB) accompanied by archival research, as needed. The identification-level
survey shall meet DHR guidelines for archaeological studies and include
one of the following subsurface studies as approved by the Zoning
Administrator: (a) the excavation of systematic shovel test pits at
a maximum of fifty-foot intervals; (b) the excavation of systematic
shovel test pits using a close-interval grid (ten- or twenty-five-foot
intervals); (c) the excavation of backhoe trenches in areas with the
potential to contain features; or (d) the excavation of sample test
units. Soils removed during the fieldwork shall be screened through
one-fourth-inch mesh as meets state guidelines, and all artifacts
shall be analyzed. The results of the archival research and fieldwork
shall be included in an identification-level report and submitted
to the Zoning Administrator for review.
(8)
If
the Zoning Administrator finds, after review of the identification-level
(Phase IB) archaeological field survey, that an archaeological site
exists and is likely to be significant, and that the project will
adversely impact the site, then he or she may require the applicant
to submit Phase II evaluation testing or Phase III data recovery,
as appropriate.
(a)
The major site plan shall incorporate mitigation measures to preserve
or accommodate archaeological resources, such as avoidance or recovery,
reduction in the size or scope of land-disturbing activities, or the
implementation of other mitigation measures as recommended by the
archaeologist, to the degree possible.
(b)
Should avoidance not be achievable, a memorandum of agreement shall
be executed between the Zoning Administrator and the developer to
outline the steps required to meet this section. The memorandum of
agreement shall be prepared in accordance with DHR procedures, and
shall include an archaeological scope of work developed in consultation
with an archaeologist.
(c)
Failure to implement mitigation measures in accordance with the memorandum
of agreement shall constitute a violation of this chapter subject
to § 72-72.
(d)
The Zoning Administrator may approve the major site plan application
before the completion of the required Phase II or Phase III investigations,
only if feasible and consistent with the purposes of this section
and upon ratification of a memorandum of agreement.
(9)
If unexpected archaeological resources are discovered on the development site after approval of the major site plan without the imposition of appropriate mitigation measures, then the Zoning Administrator shall issue an order to cease and desist all development activity in the affected area for up to seven days in order to develop and implement mitigation measures that meet the criteria in Subsection B(8)(b).
C.
The administrator
shall waive the requirement for a Phase IA archaeological report after
determining that a site is unlikely to contain archaeological resources
based on a finding that:
(1)
The
site is assessed or predicted to have a low, medium-low, or medium
probability of yielding archaeological resources as determined by
application of the City's archaeological assessment and predictive
model;
(2)
The
site has been previously graded or disturbed to the extent and in
a manner that would significantly diminish the research or public
value of archaeological resources on the site, as evidenced by existing
site features, historic aerial photography, or other documentation;
D.
Upon receipt of an application for a development that requires a minor site plan, residential lot grading plan, or certificate of appropriateness, within an area designated as medium-high or high priority, the Zoning Administrator shall evaluate the development to determine if an archaeological site is likely to exist and if significant archaeological resources may be adversely affected by the development. The Zoning Administrator is authorized to monitor the site during approved land-disturbing activities. If the Zoning Administrator identifies archaeological resources, then he or she shall issue an order to cease and desist all development activity in the affected area for up to seven days in order to evaluate the deposits and develop and implement mitigation measures that meet the criteria in Subsection A.
E.
The reports
and field surveys required under this section shall conform to the
criteria established in the Guidelines for Conducting Historic Resources
Survey in Virginia published by DHR.
F.
Determinations
of the significance of archaeological resources shall be made on the
following criteria:
(1)
Research
value. The extent to which the archaeological data that might be located
in the development area would contribute to the expansion of knowledge
of that type of resource.
(2)
Rarity.
The degree of uniqueness of the resources in the development area
and their potential for providing archaeological information about
a person, building, structure, event, or historical process, for which
there are few examples in the Fredericksburg area.
(3)
Public
value. The level of importance that archaeological resources in the
development area possess due to association with a significant person,
building, structure, event or historical process.
(4)
Site
integrity. The extent to which soil stratigraphy and original placement
and condition of archaeological resources in the development area
have not been disturbed or altered in a manner which appreciably reduces
their research or public value.
(5)
Presence
of materials. The extent to which archaeological resources or evidence
of historic buildings or structures are present in the development
area.
(6)
Impact
upon resources. The extent to which any proposed land-disturbing activities
will alter or destroy archaeological resources which have archaeological
data potential.
72-51.1 Density requirements.
A.
Density requirements.
(1)
Unbuildable lands.
[Amended 10-24-2017 by Ord. No. 17-26; 1-23-2024 by Ord. No. 23-22]
(a)
Fifty percent of the allowable maximum density shall be permitted
and calculated for that area of a site containing any or all of the
following features, when the sum of such features comprises 25% or
more of such site:
(b)
Seventy-five percent of the allowable maximum density shall be permitted and calculated for that area of a site containing any or all of the features set forth in § 72-51.1A(1) above when the sum of such features comprises less than 25% of such site.
(c)
The area of a site within the Historic Fredericksburg District that is in the one-percent-annual chance floodplain, but is not in the floodway or otherwise unbuildable, is exempt from the residential density reductions in Subsection A(1)(a)[1] and (b).
(2)
Density credits.
(a)
Additional density credit, but not to exceed 10% of the maximum
allowable density in a given district, may be granted by the City
Council on a case-by-case basis, where special amenities or recreational
improvements of high construction costs are provided in a given residential
development. The phasing and design of such improvements shall be
subject to final plan approval and shall be bonded with other site
improvements.
(b)
Full density credit shall be permitted and calculated for areas
needed by the City to be dedicated for a public park, public school
site, public facility, or public transportation improvements as indicated
on the adopted Comprehensive Plan, provided that such areas are deeded
to and accepted by the City. Such dedicated park areas toward the
open space requirements of the district in which located.
(c)
No density credit shall be given for those areas located within
major utility easements or rights-of-way greater than 25 feet in width
acquired after October 8, 2013.
(d)
In administering the provisions of this section, the Development
Administrator shall have the authority to determine the qualifying
characteristics of lands to be used for density credit and for open
space or landscaped open space in a given district.
(e)
Lands in common open space or landscaped open space shall be
so covenanted and perpetually improved, maintained, managed and owned
by a nonprofit organization or other legal entity established under
the laws of the state. Such entity shall be approved by the City Attorney
as a condition of final plat approval.
(f)
Fractional Units. In Planned Development, Commercial Downtown, Creative
Maker zoning districts, and where form-based codes apply, dwelling
units are counted as one unit for compliance with maximum permitted
density provisions, except:
[1]
Multi-family dwellings that are less than 600 square feet shall be
counted as one-half of a dwelling unit;
[2]
Multi-family dwellings that are 600 to 899 square feet shall be counted
as two-thirds of a dwelling unit;
[3]
Single-family attached dwelling units that are less than 1,200 square
feet shall be counted as three-quarters of a dwelling unit;
[4]
In Planned Development districts:
[a]
No more than 25% of the total number of actual units in a development
shall have fractional status in each of the three categories above.
[b]
The total number of actual dwelling units in a development shall
not exceed 125% of the total number of actual units allowed by the
maximum permitted residential density for the property.
72-51.2 Blocks.
[Amended 1-22-2019 by Ord. No. 19-02]
A.
Land subdivided for residential uses, or for mixed use developments
with a residential component, shall be divided into blocks that conform
to this section.
B.
Blocks shall be defined by the center line of an abutting street,
or by an abutting railroad right-of-way, trail right-of-way, utility
easement greater than 30 feet in width, formal open space, or Resource
Protection Area. A block or blocks that together contain up to 25%
of the units in a multifamily residential development may be defined
by the center line of an abutting parking aisle.
C.
Length. The length of a block shall be not less than 250 feet and
not more than 600 feet.
D.
Depth.
(1)
For single-family detached, attached, or duplex uses, the depth
of a block shall be sufficient to allow two tiers of lots; however,
a depth of a single tier of lots shall be permitted when the rear
of the lots abut a street of four or more travel lanes, when a single
tier of lots is necessary or desirable as a result of the physiography
of a site, or to conform to an established pattern of development.
(2)
For multifamily residential uses and mixed use developments
with a residential component, the depth of a block shall be not less
than 250 feet and not more than 600 feet; however, the depth of a
block may be reduced when a single tier of lots is necessary or desirable
as a result of the physiography of a site, or to conform to an established
pattern of development.
72-51.3 Lots.
A.
Relationship to street. Each lot shall front on a public street,
except as follows:
[Amended 6-10-2014 by Ord. No. 14-21; 1-22-2019 by Ord. No. 19-02]
(1)
Lots subdivided for single-family attached and multifamily residential
uses in any zoning district except R2 and R4 may front on a private
street.
(2)
Up to 25% of the lots for single-family detached, single-family
attached, and multifamily residential uses in any one section of a
subdivision may front on an open space, if the open space abuts a
street and if the lot abuts an alley.
(3)
Up to 25% of the lots for single-family detached, single-family
attached, and multifamily residential uses, in any one section of
a subdivision, may front on an alley.
(5)
Lots subdivided for nonresidential uses in any zoning district
except R2 and R4 may front on a private street or a recorded access
easement across another lot. The recorded access easement shall comply
with the standards for commercial driveways and:
B.
Lot frontage.
Lot frontages within the R-2, R-4, R-8, and R-12 zoning districts
shall not be less than 80 % of the required lot width. On corner lots,
the minimum lot frontage shall be met on both street fronts. Pipe
stem lots shall be exempt from the minimum frontage requirement.
[Added 2-11-2020 by Ord. No. 20-02[1]]
C.
Corner lots. Corner lots shall have extra width sufficient for the
maintenance of required setbacks on both streets upon which the corner
lot abuts.
D.
Right-of-way lines. Right-of-way lines that form the property lines
of lots shall be parallel to the street center line.
E.
Size and area. The minimum size and area of a proposed subdivision
lot shall be as set forth in the regulations for the zoning district
in which the lot will be situated (as stated in Article 72-3, Zoning
Districts). The minimum lot size shall not include the following:
(1)
Private streets or access easements;
(2)
Land encumbered by easement for distribution facilities, transformers,
distribution lines, or transmission lines for major power, gas or
other utilities, not including easements that are less than 25 feet;
or
(3)
Environmentally sensitive areas, based on the finished grade
following grading, excavation, or other land disturbing activity,
specifically defined as:
F.
Outparcels.
[Amended 2-24-2015 by Ord. No. 15-05]
(1)
The design of a subdivision shall not result in the creation
of any remnant or outparcel of land having less than the minimum lot
size; however, the City Council for major and minor subdivisions and
the Development Administrator for administrative subdivisions may
approve a proposed remnant or outparcel under the following circumstances:
(a)
The remnant or outparcel is intended for a specific accessory
use for the subdivision, and the subdivision plat contains a notation
restricting the use and development of the remnant or outparcel to
that specific use; or
(b)
The remnant or outparcel is intended to be reserved as open
space set-aside, and the subdivision plat contains a notation restricting
the use and development of the remnant or outparcel to open space
use; or
(c)
Upon a finding by that the proposed remnant or outparcel will
be reserved for another use that will benefit the public (for example,
public water, sewer, stormwater or similar utility facilities), and
the subdivision plat contains a notation restricting the use and development
of the remnant or outparcel to that specific use.
(2)
Any remnant or outparcel shall not be accepted for public use
unless such property, in the City's determination, is adequate for
the proposed public use and acceptable to the City for such dedication
and maintenance.
G.
Pipestem lots. Pipestem lots shall constitute no more than 10% of
the lots in any one section of a subdivision and shall be used only
for single-family, detached dwellings. A pipestem driveway shall serve
no more than three lots, shall have a width of no less than 12 feet,
and shall have a length not greater than 200 feet from the street
right-of-way. The final subdivision plat for each pipestem lot shall
note that the purchaser assumes all obligations for the ownership,
maintenance, and perpetual upkeep of the driveway serving such lot.
H.
Lot depth. The depth of a lot shall not exceed five times its width.
[Added 2-11-2020 by Ord. No. 20-02]
I.
Planned
Development Districts. Lot standards within Planned Development Districts
may deviate from the standards in this section in accordance with
the following:
[Added 1-23-2024 by Ord. No. 23-22]
72-51.4 Cluster subdivisions.
A.
Purpose and intent. The purpose and intent of this section is to
provide landowners in lower density residential zoning districts a
development option that provides additional development flexibility
to build on smaller lots when additional open space setasides are
provided, and the development is designed and located in a way that
protects the natural and historic features on the site. This is done
in order to conserve open land, allow development on land which includes
significant natural resources and unbuildable lands, and to link environmental
resource areas together.
B.
Applicability. These cluster subdivision standards may be used only
for single-family detached residential development in the R-2 and
R-4 Zoning Districts.
[Amended 2-22-2014 by Ord. No. 14-07]
D.
Additional standards.
(1)
In no instance shall a cluster subdivision exceed maximum density
of the base zoning district where located.
(2)
Lots shall be located so as to minimize the need for grading
and removal of existing vegetation.
(3)
The cluster subdivision shall promote a harmonious relationship
with adjacent land, to the maximum extent practicable. This may be
accomplished through coordination of lot sizes with lots on adjacent
lands, location of buildings in areas away from view of existing development
or rights-of-way, or through the use of landscape buffering along
the perimeter of the subdivision.
E.
Open space set-aside.
(1)
Each cluster subdivision shall set aside at least 25% of the
total subdivision area as permanent private common open space.
(2)
At least 60% of the open space set-aside shall be configured
as one single parcel. Street right-of-way may go through an open space
area and still allow the area to be considered as one parcel for the
purpose of meeting the 60% requirement.
(3)
Open space set-asides shall be located and configured to connect
with open space and recreation areas on adjacent lands, to the maximum
extent practicable.
Figure 72-51.4. Example Cluster Subdivision  |
72-51.5 Open space.
A.
Open space standards.
(1)
Calculation of open space set-asides.
(a)
Features counted as open space set-asides. The following site
features shall be credited towards the open space set-aside requirement:
[1]
Existing water features: drainage canals, lakes, natural ponds,
streams, rivers, etc., wetlands, floodplains, and areas of steep slopes
of 25% and greater.
[2]
Required landscaping and tree protection zones: areas occupied
by required landscaping or tree protection zones.
[3]
Recreation and park areas: lands used for recreation, parks,
and gardens.
[4]
Private active recreational areas: land occupied by active recreational
uses such as pools, playgrounds, tennis courts, jogging trails, and
clubhouses.
[5]
Private passive recreational areas: passive recreation areas
such as trails, walkways, and open fields or meadows.
[6]
Functionally-dependent features: docks, swimming platforms,
boat launches, and boardwalks providing access to surface waters.
[7]
Urban features: plazas, fountains, roof gardens, atriums, and
pedestrian seating/activity areas in the C-D District, the Creative
Maker District, and planned development districts.
[Amended 9-8-2020 by Ord. No. 20-17]
[8]
Stormwater management site amenities: land area occupied by
stormwater management devices (including retention ponds, fully vegetated
detention basins, and other bioretention devices) that function as
a site amenity with access, gentle slopes of 3:1 or less, and pedestrian
elements such as paths, benches, and similar features.
(b)
Not counted as open space set-asides. The following areas shall
not be counted as open space set-asides:
[1]
Yards within lots occupied by buildings and structures, which
are not subject to an open space or conservation easement;
[2]
Areas within public street rights-of-way and private street
easements;
[3]
Vehicular use areas and driveways for residential dwellings;
[4]
Land covered by structures not designated for active recreational
uses; and
[5]
Designated outdoor storage areas.
(2)
Design standards for open space set-asides. Land used as an
open space set-aside shall meet the following design standards:
(a)
Location. Open space shall be located so as to be readily accessible
and usable by residents and users of the development. Where possible,
a portion of the open space set-aside should provide focal points
for the development (see Figure 72-51.5A(2)(a), Focal Point).
Figure 72-51.5A(2)(a). Focal Point (a).tif.png "072-5 Fig 72-51.5A(2)(a).tif") |
(b)
Adjacent to existing or planned open space. Where the development
site is adjacent to existing or planned trails, parks, or other public
open area land, the open space set-aside shall, to the maximum extent
practicable, be located to adjoin, extend, and enlarge the trail,
park, or other open area land (see Figure 72-51.5A(2)(b), Open Space
Location).
Figure 72-51.5A(2)(b). Open Space Location (b).tif.png "072-5 Fig 72-51.5A(2)(b).tif") |
(c)
Configuration. Lands identified as open space set-aside shall
be compact and contiguous unless the land is used as a continuation
of an existing trail, or specific natural or topographic features
require a different configuration.
(d)
Prioritization of open space set-aside. To the maximum extent
practicable, every open space set-aside should be located and organized
to include, protect, or enhance the following open areas and features:
[1]
Environmentally-sensitive lands and natural features such as
riparian areas, steep slopes, wildlife corridors, and mature trees
(four-inch caliper or greater);
[2]
Lands that may extend or enhance existing park or open space
features;
[3]
Water features such as canals, lakes, natural ponds, and retention
and detention ponds configured as amenities;
[4]
Landscaped buffers or visual transitions between different types
or intensities of uses;
[5]
Habitat for endangered species; and
[6]
Areas that accommodate multiple compatible open space uses rather
than a single use.
(e)
Provision in multi-phase developments. Multi-phase development
shall designate and reserve open space setasides in phases, so that
each phase of development contains, at a minimum, its pro rata share
of the total amount of required open space set aside.
(3)
Allowable uses in open space set-asides. Open space set-aside
areas shall not be disturbed, developed, or improved with any structures
except for the following limited purposes:
(a)
Active recreation uses. Structures for active recreation purposes
— including pedestrian-scaled lighting; gazebos or other decorative
structures; fountains or other water features; swimming pools; club
houses; play structures for children; gardens or seasonal planting
areas; or ball fields used primarily for recreational purposes (equipment
or structures shall be indicated on site plans, subdivision plats,
or planned development master plans.
(b)
Passive recreational uses. Facilities for passive recreational,
environmental education, wildlife habitat protection, and natural
area preservation purposes — including, but not limited to:
undisturbed land; walking, jogging, and biking paths or trails; benches
or other seating areas; tables, shelters, grills, and other picnicking
facilities; open and unimproved fields or lawn areas; docks and other
facilities for fishing; and environmental guides and exhibits.
(c)
Public facilities. Public features such as libraries, community
centers, museums, historic sites, and similar features.
(d)
Conservation lands. Areas of undisturbed land and vegetation.
(e)
Farming and forestry lands. Active agricultural operations,
including farming and forestry.
(4)
Ownership of open space set-asides.
(a)
Homeowners' or property owners' association. All open space
set-aside areas shall be owned jointly or in common by the owners
of the development through a recognized homeowners' or property owners'
association.
(b)
Nonprofit organization. The landowners may decide to convey
an open space set-aside to a nonprofit organization such as a land
trust or land conservancy for management and maintenance, with the
approval of the City upon a determination by the City that adequate
assurance has been provided that the set-aside will be properly managed
and maintained.
(c)
Dedicated to City or other public agency. In some cases, certain
lands designated as open space set-asides, such as wildlife habitat,
may be dedicated to the City or other public agency during the development
review process. The City Council shall determine which lands and under
what conditions the dedication of open space set-asides will be accepted
by the City or other public agency.
(5)
Maintenance of open space set-asides. The owner of the land
within an open space set-aside shall be responsible for its maintenance.
The area within an open space set-aside shall be maintained in a condition
such that:
(a)
It can be safely used for its intended and designated purpose;
(b)
It does not constitute a public nuisance; and
(c)
It remains in compliance with applicable provisions of this
UDO and of other laws and regulations, including, as may be applicable,
the Property Maintenance requirements of the Building Code.
72-52.0 Access required.
[Added 1-22-2019 by Ord.
No. 19-02]
No land may be subdivided or developed without providing motor
vehicle access meeting the standards of this article.
72-52.1 Public and private streets.
[Amended 2-24-2015 by Ord. No. 15-05; 1-22-2019 by Ord. No. 19-02]
A.
Street network.
(1)
Every street within a subdivision or development shall be designed
to provide access to adjacent acreage.
(2)
Streets shall be designed to ensure proper integration and coordination
with other existing, recorded or planned streets within and contiguous
to the subdivision or development.
(3)
The arrangement of streets shall provide for the planned continuation
of existing streets in adjacent areas, and must not be such as to
cause unnecessary hardship to owners of adjacent property susceptible
to future subdivision.
(a)
Where provision has been made for the future extension of a
street or access to an adjacent parcel through extension of existing
right-of-way, either public or private, street extension notification
signs shall be installed prior to final plat recordation for the subdivision
or section thereof. The location of such street extension notification
signs shall be shown, with details, on construction plans.
(b)
In those subdivisions where a homeowners' association has been
established, provision shall be made in the documents establishing
the homeowners' association for the maintenance and repair of the
street extension notification signs until such time as the street
is extended.
B.
Street design.
(1)
All street and highway construction standards, geometric design standards, and traffic control devices shall be in accord with those specified in the VDOT Road Design Manual, VDOT Road and Bridge Standards, and VDOT Road and Bridge Specifications, and the Manual of Uniform Traffic Control Devices, (individually and collectively, VDOT Requirements), except (i) as otherwise specifically provided herein, and (ii) as modified by the Director of Public Works as provided in § 72-52.5, below.
 Figure 72-52.1(B) |
(3)
Additional access requirements.
(a)
All subdivisions shall have direct access to a public street.
(b)
Every subdivision and development shall be designed so that
no lot will have direct access to any arterial road.
(c)
Limited access to collector streets. Direct driveway access
to collector streets shall be limited to lots containing multifamily
dwellings, commercial, or industrial and related uses, with the following
exceptions:
(d)
Where traffic generated from a subdivision exceeds 1,000 vehicles
per day, such subdivision shall provide connectors to any existing
public road at two locations. Where only one connection is physically
achievable, the connecting portion of the entrance roadway must be
a four-lane divided standard highway extending into the development
for a length of not less than 250 feet. No internal vehicular connection
shall be permitted to this entrance section.
(e)
There shall be no buffer or reserve strips (also known as spite
strips) limiting present or planned access to streets. An exception
may be granted subject to such limitations and conditions in written
form as deemed necessary to secure the removal of the buffer or reserve
strip whenever it is in the public interest that such strip be converted
into a public street as an access to adjacent lands.
(f)
Half street sections along the property line of land proposed
for subdivision shall not be permitted.
(4)
Curb cuts. The following curb cut standards shall apply to all
"entrances" (as defined in the VDOT Road Design Manual Appendix F,
§ F-1) in addition to the general entrance standards required
by the VDOT Requirements. If the two standards conflict, the more
stringent shall apply.
(a)
No freestanding use shall have more than two curb cuts on any
single right-of-way, and such curb cuts shall maintain a minimum separation
of 60 feet.
(b)
Curb cuts on adjacent lots shall maintain a minimum separation
of 60 feet from one another.
(c)
No curb cut shall be located closer than 30 feet to a side or
rear site line, unless a common curb cut serves adjacent uses.
(d)
No curb cut on a corner lot shall be located closer than 75
feet from the radius at the corner.
(5)
Culs-de-sac.
(a)
Culs-de-sac shall not be longer than 600 feet.
(b)
When a street that ended temporarily in a cul-de-sac is extended,
the area of the temporary turnaround shall be reconstructed by the
developer to provide a typical street section meeting current standards.
As part of the construction work to extend the street, areas of the
temporary cul-de-sac bulb, outside of the permanent right-of-way,
shall be restored to a natural state.
(6)
Curb and gutter. Curb and gutter shall be required on all streets,
in accordance with VDOT Requirements. Construction of curb and gutter
is required around all medians that separate travel lanes from existing
streets, and which separate off-street parking areas from streets,
and travel lanes; however, the Director of Public Works may waive
the construction of an inside curb and gutter on a travel lane, upon
a determination that this would be in keeping with the existing or
proposed design of the travel lane or parking aisle on adjacent properties
so that adequate and safe traffic circulation between sites can be
obtained without such curb and gutter.
(7)
Streetlighting.
(a)
For residential and commercial development, streetlighting shall
be installed which provides a minimum average of 0.3 footcandle at
road grade.
(b)
The location of required streetlighting and related information
shall be shown on subdivision plats, site plans, and construction
plans.
(c)
On streets to be adopted into the City's public street system,
the streetlights and related facilities shall be located within public
rights-of-way, or within dedicated public utility easements.
(d)
Each developer must coordinate with the utility company providing
electric power for the location and installation of lights.
(e)
Lighting shall be a standard fixture offered for installation
by the power company and approved by the Department of Public Works,
or may be a nonstandard ornamental type light in accordance with the
power company regulations and approved by the Department of Public
Works.
(f)
Lighting plans for public streets shall be approved by the City's
Department of Public Works.
(g)
On private streets, lighting may consist of streetlights or
individual lights at the front of each lot.
(h)
No occupancy permit shall be issued by the Building Official
for a development, or a phase within a development, until all required
streetlights are installed according to approved plans and are functioning
in proper working condition.
(i)
The cost of installation of the streetlighting shall be borne
by the developer. Following installation, the costs of operation of
public streetlighting shall be borne by the City of Fredericksburg.
72-52.2 Vehicular ingress/egress (driveways).
[Amended 1-22-2019 by Ord. No. 19-02]
Any required vehicular use area shall have direct access to
a public or private street via a driveway configured in accordance
with the following standards:
A.
Location. All driveways shall be located so that:
B.
Driveway aprons, constructed of 3,000 psi concrete a minimum of seven
inches thick, shall be provided between the curbline and the front
lot line, in accordance with VDOT specifications.
C.
Nonresidential driveways.
(1)
Driveways for nonresidential uses shall not exceed 50 feet in
width at the curbline or more than 35 feet at the front lot line.
(2)
One-way driveways shall have a minimum width of 15 feet, and
two-way driveways shall be at least 24 feet wide, unless the Virginia
Statewide Fire Prevention Code requires wider access. In the Creative
Maker District, two-way nonresidential driveways on lots less than
75 feet wide shall be at least 12 feet wide and shall have a maximum
width of 24 feet.
[Amended 9-8-2020 by Ord. No. 20-17]
(3)
Commercial driveway pavement shall conform to Figure 72-52.1(B).
(4)
Curb cuts shall conform to § 72-52.1B(4).
(5)
Commercial driveway lighting shall conform to § 72-52.1B(7).
72-52.4 Private ownership and maintenance of streets, driveways, and alleys.
[Amended 1-22-2019 by Ord. No. 19-02]
A.
The recorded instrument creating any private street, commercial driveway
(ingress/egress easement), or alley, shall state that persons performing
maintenance on public facilities, and persons engaged in emergency
response or public services on behalf of the City, shall have a perpetual
easement for ingress and egress, to reach property to which the street,
driveway, or alley serves as access.
B.
Private streets, commercial driveways, and alleys shall be perpetually
owned, managed and maintained by the property owner(s) in accordance
with a document, suitable for recordation among the public land records
of the City, approved and certified by the City Manager and the City
Attorney, prior to final subdivision plat or site plan approval. As
a condition of subdivision plat or site plan approval, the maintenance
agreement shall be recorded among the City's land records.
C.
Whenever a subdivision street, commercial driveway, or alley is private,
the plat and all approved deeds of subdivision shall contain a statement
advising that the streets, commercial driveways, and alleys in the
subdivision will not be maintained by the Virginia Department of Transportation
or the City.
D.
The developer of any private streets, commercial driveways, or alleys
shall be required to provide a performance guarantee to ensure completion
in accordance with the requirements of this section.
72-52.5 Traffic signalization and control.
A.
Traffic control signs. Traffic control signs shall be installed in
accordance with the current Manual of Uniform Traffic Control Devices
and its Virginia Supplement.
B.
Traffic signals. Traffic control signals shall be installed in accordance
with the current Manual of Uniform Traffic Control Devices and its
Virginia Supplement.
72-52.6 Pedestrian access and bicycle trails.
A.
Sidewalks. Where the property on either side of a lot being subdivided
or developed has an existing sidewalk, then the owner of the lot being
subdivided or developed shall dedicate land for an easement and shall
construct within the easement a sidewalk to connect to the existing
sidewalk. All new sidewalks shall be constructed in accordance with
the VDOT Requirements. In neighborhoods where existing sidewalks are
less than five feet wide, or to provide sufficient space for street
trees, the Development Administrator may approve a width or alternative
material other than the VDOT Requirement.
B.
Pedestrian circulation.
(1)
All commercial, mixed-use, and multifamily development shall
provide a network of onsite pedestrian connections with a minimum
width of five feet to and between the following areas:
(a)
Entrances to each building on the site, including outparcel
buildings;
(b)
Public sidewalks and walkways on adjacent properties and along
public rights-of-way that extend to the boundaries shared with the
subject development;
(c)
Adjacent public transit station areas, transit stops, or other
transit facilities; and
(d)
Adjacent parks, trails, schools, and recreation centers.
(e)
Any connections required by the Uniform Statewide Building Code.
(2)
Pedestrian walkways and crosswalks shall be identified to motorists
and pedestrians through the use of one or more of the following methods:
(3)
Sites larger than two acres shall be divided into smaller units
through the use of pedestrian connections and vehicular circulation
routes. Breaking up such sites need not require any subdivision of
the site or creation of a separate legal description(s).
C.
Bicycle trails.
(1)
Bicycle trails shall be constructed in accordance with the general
location shown in the City's adopted Pathways Plan.
(2)
Bicycle trails shall be constructed to the following standards:
(a)
Trails shall be 10 feet wide, with a maximum 5% longitudinal
slope and 2% cross-slope. Trails width may be reduced to eight feet,
with the City's approval, where physical constraints preclude construction
of the full ten-foot width.
(b)
The immediate two feet on either side of the trail (shoulder)
shall not exceed a slope of 12:1 or 8%.
(c)
The grade shall be maintained to the trail elevation, to allow
positive drainage across the path.
(d)
Trails shall have a 2.5 inch surface course (typically asphalt,
but other material may be considered with the City's approval), a
six inch VDOT 21A compacted aggregate base, and an undisturbed or
compacted subgrade.
72-52.7 Modifications to requirements of section.
[Added 1-22-2019 by Ord.
No. 19-02]
A.
The Director of Public Works may grant modifications and exceptions
to the standards of this section on the basis of engineering studies
or engineering judgment, for any application subject to administrative
approval.
B.
The Development Administrator may grant modifications and exceptions to the standards of § 72-52.1A, Street network, and § 72-52, Access, for site plans and subdivision plats for which he or she has approval authority.
C.
City Council may grant modifications and exceptions to the standards
of this section on the basis of engineering studies or a recommendation
based on engineering judgment for any application subject to legislative
approval.
D.
Unusual physiographic features, the existing pattern of development,
or lot size, shape, or configuration may justify a modification or
exception. Public safety shall be the paramount consideration.
72-53.1 Off-street parking and loading.
[Amended 6-10-2014 by Ord. No. 14-23; 8-11-2015 by Ord. No. 15-19; 10-23-2018 by Ord. No. 18-16; 1-22-2019 by Ord. No. 19-02; 9-8-2020 by Ord. No. 20-19]
A.
Purpose and intent. The purpose of this section is to ensure provision
of off-street parking and loading facilities in proportion to the
generalized parking, loading, and transportation demand of the different
uses allowed by this chapter. The standards in this section are intended
to provide for adequate off-street parking while allowing the flexibility
needed to accommodate alternative solutions. The standards encourage
pedestrian-oriented development in downtown and commercial centers,
while avoiding excessive paved surface areas, promoting low-impact
development, where appropriate, and safeguarding historic resources.
B.
Applicability.
(1)
General. These off-street parking and loading standards shall
apply with respect to the use of land, buildings and structures within
the City.
(2)
Exemptions. The following activities are exempt from the requirements of § 72-53.1C, Off-street parking requirements:
(a)
Re-striping an existing parking lot, which does not create a deficit in the number of required parking spaces, or other nonconformity with the requirements of this § 72-53.1;
(b)
Rehabilitation or re-use of an historic building;
(c)
A lot of record, vacant or otherwise, that existed on or before
April 25, 1984, and has a residential zoning designation on the Zoning
Map;
(d)
On-street parking that directly abuts a lot may be credited
once to the off-street parking requirements for the abutting lot,
except that no such credit may be applied to the off-street parking
requirements for residential portions of mixed-use developments in
the HFD. The Zoning Administrator shall maintain a record of all on-street
parking spaces that have been credited towards any particular lot;
[Amended 7-13-2021 by Ord. No. 21-19]
(e)
Changes in use in the C-D and CM Zoning Districts shall be exempted
from the requirement to provide additional on-site parking spaces
beyond those that existed prior to the change in use; and
(f)
The first 1,500 square feet of commercial uses with direct exterior
access that are in the C-D, CM, C-T, or Planned Development Zoning
Districts, or where form-based code standards are applied and that
have required parking based on square footage. This exemption shall
not apply where a shared parking factor calculation is used.
[Amended 6-8-2021 by Ord. No. 21-16; 10-25-2022 by Ord. No. 22-21]
C.
Off-street parking requirements.
(1)
Parking plan required. A parking plan shall be required in connection
with every proposed development, for every proposed change in use
of land, buildings or structures, and for every proposed alteration
of a building or structure. The parking plan shall accurately designate
the required parking spaces, access aisles, and driveways, and the
relation of the off-street parking facilities to the development the
facilities are designed to serve.
(2)
Minimum number of spaces required. Unless otherwise expressly
stated in this section or approved through an alternative parking
plan, the minimum number of off-street parking spaces shall be provided
in accordance with Table 72-53.1C(2), Minimum Off-Street Parking Standards.
[Amended 7-13-2021 by Ord. No. 21-19; 10-25-2022 by Ord. No. 22-19; 10-25-2022 by Ord. No. 22-21]
Table 72-53.1C(2): Minimum Off-Street Parking Standards | ||
|---|---|---|
Use Category | Use Type | Minimum Number of Parking Spaces (sf = gross square feet of floor or use area) |
Residential Use Classification | ||
Household living | Dwelling, duplex | 1.5 per DU |
Dwelling, live/work | 1 per DU | |
Dwelling, mobile home | 2 per DU | |
Dwelling, multifamily | 1.75 per DU; 1 per DU in C-D, CM, or Planned Development Zoning
Districts or where form-based code standards are applied | |
Dwelling, single-family attached | 1.75 per DU; 1.5 per DU in C-D, CM, or Planned Development Zoning
Districts or where form-based code standards are applied | |
Dwelling, single-family detached | 2 per DU; 1 per DU on infill lots | |
Dwelling, upper story | See Dwelling, multi-family | |
Group living | Convent or monastery | 1 per every 500 sf |
Dormitory | 1 per every 2 resident beds | |
Fraternity or sorority | 1 per resident bed | |
Group homes | 1 per every 2 resident beds | |
Institutional housing | 1 per every 3 beds | |
Institutional Use Classification | ||
Community services | Art center and related facilities | 1 per every 335 sf |
Community center | 1 per every 335 sf | |
Cultural facility | 1 per every 335 sf | |
Library | 1 per every 335 sf | |
Museum | 1 per every 500 sf | |
Social service delivery | 1 per every 335 sf | |
Day care | Adult day-care center | 1 per every 300 sf |
Child-care center | 1 per every 325 sf | |
Educational facilities | College or university | 1 per every 900 sf |
School, elementary | 10 + 1 per classroom | |
School, middle | 10 + 1 per classroom | |
School, high school | 1 per every 300 sf | |
Vocational or trade school | 1 per every 300 sf | |
Government facilities | Courthouse | 1 per every 6 seats in each courtroom |
Government facility | 1 per every 600 sf | |
Government office | 1 per every 335 sf; 1 per every 500 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Post office | 1 per every 250 sf | |
Health care facilities | Hospital | 1 per every 3 inpatient beds |
Medical laboratory | 1 per every 400 sf | |
Medical treatment facility | 1 per every 335 sf | |
Institutions | Assembly hall | 1 per every 400 sf |
Assisted living facility | 1 per every 3 patient beds | |
Club or lodge | 1 per every 400 sf | |
Continuing care retirement community | 1 per every 300 sf | |
Convention center | 1 per every 8 permitted occupants; see § 72-53.3G | |
Nursing home | 1 per every 3 patient beds | |
Religious institution | 1 per every 6 seats in worship area | |
Parks and open areas | Arboretum or botanical garden | See § 72-53.1C(5) |
Community garden/gardening, noncommercial | See § 72-53.1C(5) | |
Community garden/gardening, commercial | See § 72-53.1C(5) | |
Cemetery, columbaria, mausoleum | See § 72-53.1C(5) | |
Park, playground, or plaza | See § 72-53.1C(5) | |
Public safety | Swimming pool, public or private | See § 72-53.1C(5) |
Fire/EMS facility | See § 72-53.1C(5) | |
Police station | See § 72-53.1C(5) | |
Transportation | Airport | See § 72-53.1C(5) |
Heliport | See § 72-53.1C(5) | |
Passenger terminal (surface transportation) | See § 72-53.1C(5) | |
Utilities | Data center | 4 for the first 4,000 sf + 1 per every additional 6,000 sf |
Small data center | 1 per 1,000 sf | |
Solar array | None | |
Telecommunications facility, structure | None | |
Telecommunications facility, co-location | None | |
Telecommunications tower, freestanding | None | |
Utility, major | 1 per every 1,500 sf | |
Utility, minor | None | |
Commercial Use Classification | ||
Adult entertainment | 1 per every 300 sf | |
Animal care | Animal grooming | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts |
Animal shelter/kennel | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Veterinary clinic | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Eating establishments | Bakery | 1 per every 240 sf |
Restaurant, fast-food | 1 per every 100 sf | |
Restaurant, with indoor or outdoor seating | 1 per every 180 sf; no spaces required for outdoor seating | |
Specialty eating establishment | 1 per every 240 sf | |
Microbrewery/taproom | 1 per every 240 sf for food/beverage preparation and consumption
area; 1 per every 1,000 sf for brewery operations area | |
Offices | Business and professional services | 1 per every 335 sf; 1 per every 500 sf in the C-D, CM, or Planned
Development Zoning Districts |
Medical and dental | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Parking, commercial | Parking lot | None |
Recreation, Indoor | Fitness center | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts |
Theater | 1 per every 4 seats | |
Arena or stadium | 1 per every 4 fixed seats, plus 1 per every 8 temporary seats and standing room occupants; see § 72-53.3G | |
Recreation, Outdoor | Golf course | 3 per hole |
Marinas | 1 per slip or mooring | |
Recreation, outdoor | See 72-53.1C(5) | |
Retail sales and services | Artist studio | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts |
Auction house | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Convenience store (with gasoline sales) | 1 per every 250 sf | |
Convenience store (without gasoline sales) | 1 per every 250 sf | |
Crematorium | 1 per 4 seats in main assembly room | |
Financial institution | 1 per every 335 sf; 1 per every 500 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Funeral home | 1 per 4 seats in main assembly room | |
Gasoline sales | 1 per every 300 sf | |
Grocery store | ||
<60,000 sf: 1 per every 300 sf; 1 per every 335 sf in the
C-D, CM, or Planned Development Zoning Districts | ||
60,000 sf to 100,000 sf: 1 per every 400 sf | ||
>100,000 sf: 1 per every 450 sf | ||
Historic dependency limited office retail | 1 per every 335 sf; 1 per every 500 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Laundromat | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Lumber/building materials | 1 per every 300 sf | |
Open-air market | See 72-53.1C(5) | |
Personal services establishment | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Pharmacy | 1 per every 250 sf | |
Plant nursery | 1 per every 500 sf | |
Repair establishment | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Retail sales establishments, including groups of 2 or more commercial
uses | <60,000 sf: 1 per every 300 sf; 1 per every 335 sf in the
C-D, CM, or Planned Development Zoning Districts 60,000 sf to 100,000 sf: 1 per every 400 sf >100,000 sf: 1 per every 450 sf | |
Shopping center | See "retail sales establishments" | |
Tattoo parlor/body piercing establishment | 1 per every 300 sf; 1 per every 335 sf in the C-D, CM, or Planned
Development Zoning Districts | |
Seasonal events | All | See 72-53.1C(5) |
Vehicle sales and service | Automobile sales or rentals | 1 per every 500 sf of building area + 1 per every 5,000 sf of
outdoor display area |
Automobile towing and impoundment | 1 per every 5,000 sf of storage area | |
Automotive service | 1 per every 500 sf of building area | |
Car wash | 1 per every 500 sf | |
Visitor accommodations | Bed-and-breakfast inn | 2 spaces + 1 per guest bedroom |
Historic dependency lodging | 1 per every guest room | |
Hotel or motel (including extended stay) | 1 per every guest room | |
Industrial Use Classification | ||
Industrial services | Contractor office | See 72-53.1C(5) |
Equipment rental and sales | 1 per every 400 sf | |
General industrial service/repair | 1 per 1,500 sf | |
Research and development | 1 per every 800 sf | |
Abattoir | See 72-53.1C(5) | |
Manufacturing and production | Manufacturing, heavy | 1 per every 1,000 sf |
Manufacturing, light | 1 per every 1,000 sf | |
Bulk storage | 1 per every 2,500 sf | |
Warehousing and storage | Outdoor storage (as a principal use) | See 72-53.1C(5) |
Self-service storage | 1 per every 100 units | |
Freight terminal | 1 per every 2,000 sf | |
Warehouse (distribution) | 1 per every 2,500 sf | |
Waste-related services | Incinerator | See 72-53.1C(5) |
Recycling center | 1 per every 500 sf | |
Wholesale sales | All uses | 1 per every 1,000 sf |
(3)
Spaces meeting only the dimensional requirements for compact
cars may be credited for compliance with up to 10% of the minimum
number of parking space standards in this table. Spaces meeting only
the dimensional requirements for motorcycles may be credited for compliance
with up to 5% of the minimum number of parking space standards in
this table.
(4)
The Shared Parking Factor Table shall be applied to the number
of parking spaces required by Table 72-53.1C(2) when at least two
or more functions are present in a development in the C-D, CM, or
Planned Development Zoning Districts or where form-based code standards
are applied.
 |
(a)
A shared parking factor for two functions in a development is
divided into the sum of the parking required for the two uses to produce
the effective parking required.
(b)
The lowest factor shall be used when there are three or more
functions.
(c)
Uses in the institutional and commercial use classifications
in Table 72-53.1C(2), but not shown as functions in the Shared Parking
Factor Table, shall be considered as a retail function.
(d)
A shared parking factor shall not be applied when any one of
the four functions constitutes more than 75% of square footage of
a development.
(e)
A shared parking factor shall not be applied when parking spaces
are assigned to specific dwelling units or nonresidential uses.
(5)
Uses with variable parking demand characteristics. Wherever Table 72-53.1C(2) includes a reference to this § 72-53.1C(5), the specified uses have widely varying parking and loading demand characteristics, making it difficult to establish a single off-street parking or loading standard. Upon receiving a development application for a use subject to this subsection, the Zoning Administrator is authorized to apply the off-street parking standard in the table that is deemed most similar to the use, or establish the off-street parking requirements by reference to standard parking resources published by the National Parking Association or the American Planning Association. Alternatively, the Zoning Administrator may require the applicant to submit a parking demand study that justifies estimates of parking demand based on the recommendations of the Institute of Traffic Engineers (ITE) and includes relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location.
(6)
Maximum number of spaces permitted. Commercial and industrial
uses identified in Table 72-53.1C(2), Minimum Off-street Parking Standards,
shall be limited in the maximum number of surface parking spaces that
can be provided, in accordance with the following standards:
[Amended 10-25-2022 by Ord. No. 22-21]
(a)
Except as allowed in this subsection, commercial and industrial uses of 1,000 square feet in area or larger listed in Table 72-53.1C(2), Minimum Off-Street Parking Standards, shall not exceed 125% of the minimum number of parking spaces required in the table, prior to application of any exemptions allowed in § 72-53.1B(2), Exemptions, and § 72-55.6D(2), Reduction in the minimum number of required parking spaces.
(b)
Through approval of an alternative parking plan in accordance with § 72-53.3A, Provision over the maximum allowed, commercial and industrial uses over 1,000 square feet in area or larger may provide up to a maximum of 175% of the minimum number of parking spaces required in the table, prior to application of any exemptions allowed in § 72-53.1B(2), Exemptions, and § 72-55.6D(2), Reduction in the minimum number of required parking spaces.
(c)
Provision of more than 175% of the minimum number of parking spaces for commercial and industrial uses over 1,000 square feet in area, prior to application of any exemptions allowed in § 72-53.1B(2), Exemptions, and § 72-55.6D(2), Reduction in the minimum number of required parking spaces, shall require approval of a special exception in accordance with § 72-22.7, Special exceptions. A special exception for parking of more than 175% of the minimum number of parking spaces in the table must meet the provisions of § 72-53.3A, Alternative parking plan, in addition to the special exception review criteria.
(7)
Stacking spaces. In addition to meeting the off-street parking
standards in Table 72-53.1C(2), Minimum Off-Street Parking Standards,
uses with drive-through facilities and other auto-oriented uses where
vehicles queue up to access a service shall provide the minimum number
of stacking/standing spaces established in Table 72-53.1C(7), Required
Stacking Spaces.
Figure 72-53.1C(7). Required Stacking Spaces .tif.png "072-5 Fig 72-53.1C(5).tif") |
Table 72-53.1C(7): Required Stacking Spaces | ||
|---|---|---|
Use or Activity | Minimum Number of Stacking Spaces | Measured From |
Automated teller machine (drive-up) | 2 | Teller window |
Automobile repair and service | 2 per bay | Bay entrance |
Car wash | 1 per bay | Bay entrance |
Day-care center, elementary, and middle school | 2 | Main building entrance |
Financial institution or drug store with drive-through service | 3 per lane | Agent window |
Gasoline sales | 1 | Each end of the outermost gas pump island |
Nursing home or assisted living facility | 3 | Building entrance |
Personal services with drive-through (e.g., laundry/dry-cleaning
establishment) | 3 per lane | Agent window |
Restaurant, with drive-through service | 3 per order window + 3 per order board | |
D.
Parking space computation.
(1)
Fractions. When computation of the number of required parking
spaces results in a fraction, the fraction shall be rounded up to
the next whole number.
(2)
Seat-based standards. Where the minimum number of off-street
parking spaces is based on the number of seats, all computations shall
be based on the design capacity of the areas used for seating. The
applicant shall specify the anticipated maximum number of seats or
maximum seating capacity for the proposed use and shall include calculations
based on standards set forth in the Virginia Uniform Statewide Building
Code, as may be applicable.
(3)
Floor-area based standards. Where the minimum number of off-street
parking spaces is based on gross square feet of floor area, the square
footage shall not include outdoor display or use area.
(4)
Driveways used to satisfy requirements. For single-family detached
and duplex dwellings, driveways may be used to satisfy minimum off-street
parking standards, provided sufficient space is available to satisfy
the standards of this section and this chapter.
E.
Configuration.
(1)
General standards for off-street parking, stacking, and loading
areas.
(a)
Use of parking area, stacking area, or loading space. All vehicular
parking spaces, stacking spaces, internal aisles and other circulation
areas, and loading areas required by this section shall be referred
to as "vehicular use area" and shall be used only for their intended
purposes. Any other use, including, but not limited to, vehicular
storage, vehicle sales, vehicular repair work, vehicle service, or
display of any kind, is prohibited.
(b)
Identified as to purpose and location. Except for single-family
detached and duplex dwellings, off-street parking areas consisting
of three or more parking spaces and off-street loading areas shall
include painted lines, wheel stops, or other methods of identifying
individual parking spaces and loading areas and distinguishing such
spaces and areas from aisles or other vehicular use areas.
(c)
Surfacing.
[1]
Except for single-family detached and single-family attached dwellings, and duplexes, and as provided for in § 72-53.3F, Alternative materials, all off-street parking, loading, and circulation areas shall be surfaced with asphalt, concrete, brick, crushed stone (within floodplain areas), pavers, aligned concrete strips, or an equivalent material. These materials shall be maintained in a smooth, well-graded condition.
[2]
Overflow parking, and parking for temporary, special and seasonal
events may take place on grass surfaces.
(d)
Arrangement.
[1]
Convenient access.
[a]
All off-street parking, loading, and circulation
areas shall be arranged to facilitate access by and safety of both
pedestrians and vehicles.
[b]
Except for single-family detached and duplex dwellings, off-street parking areas shall be arranged so that no parking or maneuvering incidental to parking shall occur on a public street or sidewalk, and so that an automobile may be parked and unparked without moving another automobile (except as provided in § 72-53.3E, Valet and tandem parking).
[2]
Backing onto streets prohibited. Except for parking areas serving
single-family detached dwellings, all off-street parking, loading,
and circulation areas shall be arranged so that no vehicle is required
to back from such areas directly onto a public street. Vehicular access
ways and vehicular use areas on private lands are not considered public
streets.
[3]
Easements. No off-street parking or loading area shall be located
within an easement without the written consent of the person or agency
that holds the easement, unless already provided for by an existing
easement agreement.
(e)
Drainage. All off-street parking, loading, and circulation areas shall be properly drained in accordance with the stormwater management standards referenced in § 72-54.3 of this chapter. Where existing parking, loading and circulation areas are altered, a revised stormwater management plan may be required. Nothing shall prevent planting islands from serving as stormwater management devices.
(f)
Exterior lighting. When lighted, off-street parking, loading,
and circulation areas shall be lighted so as to prevent glare or illumination
exceeding maximum allowable levels on adjacent land (see Table 72-58.2D,
Maximum Illumination Levels), and unless exempted, shall comply with
the standards of § 72-58, Exterior lighting.
(g)
Landscaping. Except for parking areas serving single-family detached and duplex dwellings, or other exempted uses, all off-street parking, loading, and circulation areas shall be landscaped to soften their visual impact on adjacent property in accordance with § 72-55.2, Vehicular use area landscaping.
(i)
Maintained in good repair.
[1]
Maintained at all times. All off-street vehicular use areas
shall be maintained in good repair and in safe condition at all times.
[2]
Periodically restored. After being established, all off-street
parking, loading, and circulation areas shall be periodically painted
or otherwise restored, whenever necessary to maintain a clear identification
of separate parking spaces and loading spaces.
(j)
Construction of off-street parking and loading areas. All off-street
parking and loading areas shall be completed prior to issuance of
a certificate of occupancy for the premises they serve. In the case
of phased development, surface off-street parking, loading, and circulation
areas need only be completed for the portion(s) of the development
for which a site plan has been approved.
(2)
Dimensional requirements.
(a)
Except for single-family detached, duplex, and single-family attached dwellings, off-street parking spaces shall meet the following dimensional requirements or meet modified requirements per Subsection E(2)(b) below:
Table 72.53.1E(2)(a) | |||||
|---|---|---|---|---|---|
Dimensional Standards for Parking Spaces and Aisles | |||||
Stall width and length shall be measured from the face
of the curb or the outer edge of lane striping | |||||
Aisle Width | |||||
Parking Angle | Space Width (feet) | Space Length (feet) | 2-way with two parking rows (feet) | 2-way with one parking row (feet) | 1-way with any parking rows (feet) |
Parallel | 8 (non-residential) 7 (residential) | 22 | 20 | 18 | 12 |
45° | 8.5 | 18 | 20 | 18 | 16 |
60° | 8.5 | 18 | 20 | 18 | 18 |
90° | 8.5 | 18 | 24 | 22 | 18 |
Table 72-53.1E(2)(b) | |||
|---|---|---|---|
Dimensional Standards for Other Parking Lot Features | |||
Feature | Width (feet) | Length/Depth (feet) | Other |
Aisles: two-way with no parking rows | 20 | NA | |
Aisles: one-way with no parking rows | 12 | NA | |
Compact car spaces | 8 | 16 | Must be clearly marked "compact cars only" |
Motorcycle spaces | 4 | 8 | Must be clearly marked "motorcycles only" |
(b)
The Fire Marshal may require greater aisle width for compliance
with the Virginia Fire Prevention Code. In addition, the Zoning Administrator
may approve reduced parking aisle widths upon approval of an auto-turn
diagram provided by the applicant, which demonstrates that vehicles
can safely navigate the proposed vehicular use area.
(3)
Accessible parking spaces for physically disabled persons shall
be provided in accord with the most-recent version of the Virginia
Construction Code, Section 116.
(4)
Location. Off-street parking spaces in the nonresidential and
mixed-use districts may be located within required yards, provided:
(a)
All spaces shall be setback at least 10 feet from any front
lot line;
(b)
All spaces shall be setback at least five feet from any side
or rear lot line; and
(c)
These requirements may be reduced by the Zoning Administrator,
as needed, on an infill lot in recognition of existing lot sizes or
site configuration on developed adjacent lots.
F.
Loading spaces.
(1)
Number of required off-street loading berths. The following
uses shall provide on-site loading areas or berths in accordance with
the standards in Table 72-53.1F(1), Required Off-Street Loading Berths.
Table 72-53.1F(1): Required Off-Street Loading Berths | ||
|---|---|---|
Use or Activity | Gross Floor Area (GFA) | Minimum Number of Loading Berths |
Eating establishments | > 10,000 sf | 1 + 1 for every additional 25,000 sf of GFA |
Retail, office, service, supply and light industrial uses | > 10,000 sf | 1 + 1 for every additional 20,000 sf of GFA |
Manufacturing, heavy industrial, warehousing, and heavy equipment
establishments | > 5,000 sf | 1+ 1 per every additional 30,000 sf of GFA |
(2)
Standards.
(a)
Minimum dimensions. Each loading space required by this subsection
shall be at least 15 feet wide by 25 feet long (or deep), with at
least 15 feet of overhead clearance. Each off-street loading space
shall have adequate, unobstructed means for the ingress and egress
of vehicles.
(b)
Location. Where reasonably practical, loading areas:
[1]
Shall be located to the rear of the use they serve;
[2]
Shall be located adjacent to the buildings' loading doors, in
an area that promotes their practical use;
[3]
Shall not be located within a front yard area;
[4]
Shall not be located within 40 feet of the nearest point of
a public street intersection serving the loading approach;
[5]
Shall not be located within 60 feet of a residential zoning
district; and
[6]
In the C-D and CM Zoning Districts, loading berths may be located
in the public right-of-way as a curb parking space between 5:00 a.m.
and 11:00 a.m., if approved by the Public Works Director. The minimum
width is reduced to eight feet. Such loading berths shall also serve
as pickup/delivery areas.
(c)
Delineation of loading spaces. All loading spaces shall be delineated
by signage and striping and labeling of the pavement.
(d)
Access to a street. Every loading area shall be provided with
safe and convenient access to a street, but in no case shall the loading
space extend into the required aisle of the parking lot. Off-street
loading spaces shall be configured to avoid the need for vehicles
to back up within the street right-of-way, to the maximum extent practicable.
(e)
Paving. The ground surface of loading areas shall be paved with
a durable, dust free, and hard material, such as surface and seal
treatment, bituminous hot mix, Portland cement, concrete, or some
comparable material. Such paving shall be maintained for safe and
convenient use at all times.
(f)
Landscaping. Loading areas shall be landscaped in accordance with § 72-55.2, Vehicular use area landscaping.
(g)
Exterior lighting. Exterior lighting for loading areas shall
comply with the standards in § 72-58, Exterior lighting.
72-53.2 Parking standards for single-family development.
[Amended 1-22-2019 by Ord. No. 19-02]
Off-street parking serving single-family detached, duplex, and
single-family attached dwellings and located within front yard and/or
corner side yard areas shall comply with the following standards:
A.
Authorized vehicles. Only the following vehicles may be parked in
single-family residential districts: passenger vehicles designed to
transport 15 or fewer passengers, including the driver; pickup trucks
and sport utility vehicles with a gross vehicle weight of less than
10,000 pounds; or any vehicle used by an individual solely for his
own personal purposes, such as personal recreational activities.
B.
Parking in vehicular use area required. All licensed and operable
vehicles, whether parked or stored, shall be located in a vehicular
use area, unless the required off-street parking has been waived by
the Zoning Administrator.
C.
Maximum area available for vehicular use.
[Amended 9-8-2020 by Ord.
No. 20-19]
(1)
For lots of record greater than 6,000 square feet, vehicular
use areas located within the primary front or secondary front yard
(as measured from the edge of the street right-of-way) shall be limited
to the greater of 33% of the entire primary front or secondary front
yard area or 600 square feet.
(2)
Vehicular use areas on lots of record smaller than 6,000 square
feet shall be limited to the greater of 33% of the entire primary
front or secondary front yard area or 350 square feet.
(3)
Nothing in this subsection shall be construed to limit the size
of the vehicular use area located beyond the primary front or secondary
front yard area.
D.
Surfacing.
(1)
Vehicular use areas shall be surfaced in accordance with the standards in § 72-53.1E(1)(c), or gravel, crushed stone, or similar material may be used.
(2)
When used, gravel or crushed stone shall be at least two inches
deep throughout the vehicular use area, and the vehicular use area
shall maintain a visibly discernible and definable edge composed of
landscape timbers, metal edging, vegetation (such as low shrubs or
decorative grasses), or a similar technique.
(3)
Vehicular use areas within utility easements disturbed during
installation or servicing of underground utilities shall be resurfaced
with materials to match the existing surface after completion of utility
work.
E.
Dimensions. Vehicular use areas shall be at least 18 feet deep, measured
from the right-of-way, or three feet measured from the rear property
line or easement line of an intersecting alley.
72-53.3 Alternative parking plans.
[Amended 1-27-2015 by Ord. No. 15-03; 9-8-2020 by Ord. No. 20-19]
The Zoning Administrator is authorized to approve an alternative parking plan as an element of a site plan, as set forth within this section. The alternative parking plan may include a combination of one or more of the following parking alternatives for a single use. Reductions in the minimum number of required parking spaces in order to preserve the root zones of existing, healthy specimen trees in accordance with § 72-55.6D, Trees, shall not require approval of an alternative parking plan.
A.
Provision over the maximum allowed. The Zoning Administrator may approve an alternative parking plan that authorizes a number of off-street parking spaces in excess of the required by § 72-53.1C(4), Maximum number of spaces permitted, in accordance with the following:
(1)
Parking demand study. Requests to exceed the maximum number of required off-street parking spaces shall be accompanied by a proposed parking plan, including a parking demand study performed by a professional who is licensed or demonstrated technical expertise to prepare such a study. The purpose of the parking demand study is to provide data and supporting analysis in support of the applicant's contention that the parking spaces required by § 72-53.1C(6), Maximum number of spaces permitted, will be insufficient for the proposed development. In addition to the parking demand study, the requesting party may provide other relevant and appropriate data supporting his request.
(2)
Minimum additional spaces allowed. The maximum number of off-street
spaces allowed shall be limited to the minimum number of additional
spaces deemed necessary, according to the parking demand study referenced
above, or other relevant and appropriate data.
B.
Off-site parking. The Zoning Administrator may approve an alternative
parking plan that authorizes off-site parking. Generally, all off-street
parking areas shall be provided on the same parcel of land as the
use to be served. Off-street parking may be located on another parcel
of land ("off-site" parking), if there are practical difficulties
in locating the parking area on the same parcel or the public welfare,
safety, or convenience is better served by off-site parking. Off-site
parking shall comply with the following standards:
(1)
Location.
[Amended 7-13-2021 by Ord. No. 21-19]
(a)
Except for off-site parking located within a parking structure
or served by a parking shuttle, off-site parking spaces shall be located
within 1,000 feet of the primary entrance of all uses served.
(b)
Off-site parking located within a parking structure or served
by a shuttle shall be located within 2,000 feet of the primary entrance
of all uses served.
(c)
Off-site parking spaces shall not be separated from the use
they serve by an arterial or collector street, unless the off-site
parking area or parking structure is served by an improved pedestrian
crossing.
(2)
Pedestrian access. Adequate and safe pedestrian access, which
complies with all applicable ADA requirements, shall be provided from
and to the off-site parking areas.
(3)
Directional signage. When determined necessary by the Zoning
Administrator, due to distance, indirect locations, or visual barriers,
directional signage that complies with the standards of this chapter
shall be provided to direct the public to the off-site parking spaces.
(4)
Recorded agreement. If approved, an off-site parking facility
shall be described and made binding upon the all owners of record
of the subject properties, within a written agreement prepared in
a form suitable for recording among the City's land records. A signed
and attested copy of the off-site parking agreement between the owners
of record must be recorded with the Clerk of the Circuit Court. Recordation
of the agreement shall occur prior to the issuance of any occupancy
permit for any premises to be served by the off-site parking area.
An off-site parking agreement may be revoked only if all required
off-street parking spaces are provided in accordance with the requirements
of Table 72-53.1C(2), Minimum Off-Street Parking Standards.
(5)
Duration. An off-site parking agreement shall run with the land
and shall be and remain in effect until revoked or revised by the
parties thereto. In the event the parking requirements for the subject
properties change (increase) following recordation of the agreement,
due to any change in use(s) or structural alterations of buildings
or structures containing such uses, then the City may require the
parking plan for the properties to be updated, which may include,
but is not limited to, a revision of the off-site parking agreement.
C.
Parking reductions. The Zoning Administrator may approve an alternative
parking plan to reduce the number of parking spaces required in Table
72-53.1C(2), Minimum Off-Street Parking Standards, and the Shared
Parking Factor Table. The applicant shall demonstrate there is a reasonable
probability the number of parking spaces actually needed to serve
the development is less than the minimum required by Table 72-53.1C(2),
Minimum Off-Street Parking Standards, and the Shared Parking Factor
Table. The application shall include relevant and appropriate data
and information, including location, nature, or mix of uses, the location
and number of parking spaces that will be provided, and a parking
demand study prepared by a professional who is licensed to prepare
such a study. The study shall provide data and supporting analysis
demonstrating the feasibility of the proposed shared parking facilities.
The parking demand study shall include information on the size and
type of the proposed development(s), composition of tenants, anticipated
rate of parking turnover, and anticipated peak parking and traffic
loads for all uses that will be sharing off-street parking spaces.
The applicant may submit other relevant and appropriate data supporting
the request.
D.
Downtown Parking, Transit, and Bicycle Fund.
(1)
An applicant may meet the parking requirement for a use in the
Downtown Parking, Transit, and Bicycle District through the payment
of a standard amount established by City Council per required parking
space.
Incremental Payment Amount | 0 to 50% of Total Required Parking Spaces | For Each Additional Parking Space From 51% to 70% of Requirement | For Each Additional Parking Space From 71% to 85% of Requirement | For Each Additional Parking Space From 86% to 100% of Requirement |
|---|---|---|---|---|
Amount of payment | Standard amount (established in Planning Fee Schedule) | 2 x standard amount | 3 x standard amount | 4 x standard amount |
The Zoning Administrator is authorized to grant this
reduction. The applicant may combine this reduction with one or more
of the foregoing parking alternatives to reduce the number of required
on-site parking spaces to zero. The credit for an off-street parking
requirement met in this manner shall run with the land. No refund
of any payment shall be made when there is a subsequent change of
use that requires less parking.
(2)
The fee shall be collected by the Zoning Administrator as a
condition to site plan approval. Payment of this fee does not guarantee
that parking spaces will be constructed for the sole use of or in
the immediate proximity of a particular development. It will not guarantee
the availability of parking specifically for the development. Funds
collected from such payment shall be deposited by the City in a special
fund and shall be used in the Downtown Parking, Transit, and Bicycle
District to:
(a)
Provide additional off-street public parking;
(b)
Acquire land for such parking through purchase, lease, or license;
(c)
Develop land to make it suitable for public parking;
(d)
Replace existing municipal parking lots with public parking
structures;
(e)
Engage in projects that increase the amount of available public
parking spaces or reduce dependence upon the automobile and thereby
reduce parking demand;
(f)
Improve transit/shuttle facilities or services; or
(g)
Improve bicycle facilities and services.
(3)
The collection of the fee shall not obligate the City to provide
off-street parking for any particular location. In order to provide
a logical and cost-effective construction of parking improvement,
projects funded through this fee may be phased and may be constructed
such that the public parking spaces do not directly serve the parcels
from which the fee was collected.
[Amended 9-8-2020 by Ord. No. 20-19]
Figure 72-53.3D. Downtown Parking, Transit, and Bicycle
District  |
E.
Valet and tandem parking. The Zoning Administrator may approve an
alternative parking plan that includes valet and tandem parking, in
accordance with this subsection. An off-street parking program utilizing
limited valet and tandem parking may be allowed for uses listed under
the commercial use classification in Table 72-53.1C(2), Minimum Off-Street
Parking Standards, in accordance with the following standards:
F.
Alternative materials. The Zoning Administrator may approve an alternative
parking plan that authorizes the use of alternative paving materials
for vehicular use areas. The use of pervious or semi-pervious parking
area surfacing materials — including, but not limited to, "grass-crete,"
"turfstone," geo-cells, porous concrete, or recycled materials (such
as rubber, used asphalt, brick, block, and concrete) — may be
approved for a vehicular use area on a site, upon a determination
that the property owner has provided sufficient assurance that such
areas will be properly maintained. Such assurance may be demonstrated
by written instrument recorded among the City's land records, site
plan provisions, or other methods satisfactory to the Zoning Administrator
with the approval of the City Attorney. Where possible, such materials
should be used in areas proximate to and in combination with on-site
stormwater control devices or tree protection measures (see Figure
72-53.3F, Alternative Materials).
Figure 72-53.3F. Alternative Materials |
|---|
 |
G.
Additional alternative parking provisions for convention centers,
arenas, or stadiums in the Special Tourism and Events Overlay.
[Added 10-25-2022 by Ord.
No. 22-19]
(1)
On-street parking within the Special Tourism and Events Overlay
may be credited once to the off-street parking requirements for convention
centers, arenas, or stadiums. The Zoning Administrator shall maintain
a record of all on-street parking spaces that have been credited towards
any use.
(2)
Parking reductions, shared parking for simultaneous events at
the stadium and convention center, and temporary occupancy parking
lots may be permitted, in accordance with the following standards
and subject to approval of an annual zoning permit. The permit must
be approved by the Zoning Administrator each year prior to approval
of a certificate of occupancy for special events.
(a)
Parking reduction. The Zoning Administrator may approve a reduction
of the minimum parking requirement for arenas or stadiums to no less
than one parking space per every six fixed seats plus one parking
space per every 12 temporary seats and standing room occupants. The
Zoning Administrator may also approve a reduction of the minimum parking
requirement for convention centers to no less than one parking space
per every 12 temporary seats and/or standing room occupants. To obtain
these reductions, the operators shall develop, operate, and advertise
an annual alternative transportation plan, in accordance with the
following standards:
[1]
The plan shall include a designated circulation pattern for
ride-share, transit, and shuttle service separate from general parking
lot traffic at the stadium.
[2]
The alternative transportation modes discussed above shall be
advertised on the applicant's communications platforms, including
website, social media, and digital signage. A reference to alternative
modes of transportation shall be included in any printed material
or print media advertisements for events.
(b)
Shared parking for simultaneous events at the stadium and convention
center. The Zoning Administrator may approve the use of shared parking
when simultaneous events are being held at the Fredericksburg Nationals
Stadium and Fredericksburg Expo Convention Center. The minimum parking
requirement for these events will be based on the total proposed capacity
for both events. A general schedule of simultaneous events, specifying
the number of events, the proposed total capacity for both events,
including temporary seats and standing room occupancy, and the locations
of all required parking shall be included in the annual parking permit.
(c)
Temporary occupancy parking. Parking required for 1) temporary
seats and standing room occupants in the stadium, and 2) simultaneous
events at the stadium and convention center may be provided by temporary
occupancy parking lots, in accordance with the following standards.
[1]
Lots located within a parking structure or served by a shuttle
shall be located within 2,500 linear feet of the primary entrance
of all uses served. All other lots shall be located within 1,750 feet
of a primary entrance of all uses served.
[2]
Off-site parking spaces shall not be separated from the use
they serve by an arterial or collector street, unless the off-site
parking area or parking structure is served by an improved pedestrian
crossing.
[3]
Alternative materials. Parking spaces may be grass or other pervious material, provided that these surfaces are maintained in a vegetated, smooth, well-graded condition with positive drainage. Where pervious spaces are used, access aisles shall be surfaced with asphalt, concrete, brick, crushed stone, pavers, asphalt millings, or an equivalent material, and a commercial entrance meeting the standards § 72-52.1B(4), Curb cuts, shall be provided.
[4]
Impervious parking features shall adhere to the applicable configuration standards in § 72-53.1E, except that § 72-53.1E(1)(c), Surfacing, shall not apply.
[5]
Stormwater management requirements shall be addressed and erosion
and sediment controls shall be deployed at the perimeter of the site.
[6]
Designated pedestrian paths shall be provided.
[7]
Landscaping requirements shall be met for impervious lots. For a lot utilizing alternative materials specified in § 72-53.3G(2)(c)[3], the following alternatives may be used:
[8]
An approved parking lot maintenance plan shall be included as
a condition of the annual parking permit.
[9]
The lots shall not be included in the calculation of maximum number of spaces permitted [§ 72-53.1C(6)].
(d)
Off-site parking agreements. Each annual parking permit application
shall be accompanied by a signed agreement for the authorized use
of any off-site parking facility, including temporary occupancy parking
lots. This agreement shall be made binding upon all owners or duly
authorized lessees of the subject properties for the entire year covered
by the annual parking permit.
72-53.4 Bicycle parking.
[Amended 9-8-2020 by Ord. No. 20-19]
Lots used for multifamily residential development with 20 or
more dwelling units, and institutional or commercial development with
5,000 or more square feet of gross floor area, shall provide individual
or shared bicycle parking facilities in accordance with the following
standards.
A.
General standards.
(1)
Location.
(a)
Bicycle parking facilities shall be conveniently located, but
in no case shall such facilities be located more than 150 feet from
the primary building entrance;
(b)
Bicycle parking facilities shall have an improved pedestrian
access to the primary building entrance;
(c)
Facilities may be located within required open space or landscaped
areas;
(d)
Facilities for institutional or commercial uses may be located
in the public right-of-way with the approval of the Public Works Director.
(2)
Bicycle parking spaces shall be provided at the rate of one
bicycle space for every 10 required off-street parking spaces for
vehicles.
(3)
Bicycle parking facilities shall be surfaced in accordance with § 72-53.1E(1)(c)[1].
B.
Bicycle rack required. Bicycle parking facilities shall incorporate
a rack or other similar device intended for the storage of bicycles.
The rack element shall:
(1)
Be located on and anchored to a solid, immovable stall surface
and installed vertically plumb in two planes;
(2)
Be in "inverted U" type or equivalent, which supports the bicycle
upright by its fame in two places;
(3)
Be at least 18 inches wide and 33 inches tall when installed;
be uniformly aligned and evenly spaced; be centered in a "design stall"
with a minimum dimension of 36 inches by 72 inches; and be at least
24 inches from any wall or other obstruction;
(4)
Not result in a tripping hazard;
(5)
Prevent the bicycle from tipping over;
(6)
Enable the frame or both wheels to be secured;
(7)
Support bicycles without a diamonds-shaped frame;
(8)
Allow a U-lock to lock one wheel and a frame tube of an upright
bicycle; and
(9)
Resist being cut or detached using hand tools.
72-53.5 Parking lot cross-access.
[Added 1-22-2019 by Ord.
No. 19-02]
All development, except single-family detached, single-family
attached, and duplex dwellings, shall be designed to allow cross-access
to parking lots in adjacent compatible developments in accordance
with the following standards:
A.
Limited to two parcels. Cross-access ways shall be designed and located
based on the standards of this section, but in no case shall a development
be required to provide cross-access to more than two adjacent parcels.
The location and dimensions of the required cross-access shall be
shown on a subdivision plat or site plan submitted for approval. When
a proposed site plan is subject to the cross-access requirement, the
site plan shall be accompanied by an access easement document, in
a form suitable for recording among the City's land records, reserving
the area within the easement for the required cross-access.
B.
Future stubs required. A connection for future parking lot cross-access
shall be provided to all adjacent vacant land zoned for a nonresidential
and mixed-use or planned development zoning district. Development
subject to these standards shall be designed to provide future cross-access
in at least one location.
C.
Minimum width. Cross-access ways shall allow for two-way traffic
between parcels through the use of a single drive aisle with a minimum
width of 24 feet, or through two one-way aisles, each with a minimum
width of 15 feet, unless the Virginia State-Wide Fire Prevention Code
requires greater width.
D.
Delay in installation. The Development Administrator may, for good
cause shown, allow the installation of a cross-access way to be delayed,
provided that there has been recorded among the land records of the
City an instrument creating an access easement in the dimensions required
by this section, and reserving the area within the easement for use
as the required cross-access way.
E.
Developing parcel required to connect to cross-access. In cases where
a cross-access stub or cross-access easement has been provided by
an adjacent development, the developing parcel shall provide all cross-access
ways necessary to connect to two parking lots.
72-54.1 Sanitary sewer.
A.
Sewage collection systems shall be designed and constructed in accordance
with the City of Fredericksburg Construction Specifications and Standards
for Water and Sewerage Facilities (August 2007, as amended from time
to time).
B.
A subdivider or developer of land shall pay a pro rata share of the
cost of providing reasonable and necessary sewerage facilities, located
outside the property limits of the land owned or controlled by the
subdivider or developer but necessitated or required, in whole or
in part, by the construction or improvement of the subdivision or
development. Such payment may be required for any area of the City
for which a general sanitary sewer improvement program has been adopted,
or the City has committed itself by ordinance to the establishment
of such a program.
72-54.2 Public water.
A.
Water supply systems shall be designed and constructed in accordance
with the City of Fredericksburg Construction Specifications and Standards
for Water and Sewerage Facilities (August 2007, as amended from time
to time).
B.
A subdivider or developer of land shall pay a pro rata share of the
cost of providing reasonable and necessary water facilities, located
outside the property limits of the land owned or controlled by the
subdivider or developer but necessitated or required, in whole or
in part, by the construction or improvement of the subdivision or
development. Such payment may be required for any area of the City
for which a general water service improvement program has been adopted,
or the City has committed itself by ordinance to the establishment
of such a program.
72-54.3 Stormwater.
[Amended 6-25-2024 by Ord. No. 24-19]
A.
Comprehensive stormwater management plan.
(1)
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. The facilities
plan shall be adopted by the City Council.
(2)
The policy and criteria for determination of pro rata share
of total cost, the financial and implementation procedures, and other
related matters shall be as set forth within the Comprehensive Stormwater
Management Facilities Plan adopted by City Council.
(3)
A subdivider or developer of land shall pay a pro rata share
of the cost of providing reasonable and necessary drainage facilities,
located outside the property limits of the land owned or controlled
by the subdivider or developer but necessitated or required, in whole
or in part, by the construction or improvement of the subdivision
or development.
B.
Storm drainage requirements.
(1)
All storm drainage facilities shall be constructed in accordance
with the VDOT Requirements, except as otherwise provided below.
(2)
All pipe for the construction of storm drainage systems shall
be, at a minimum, concrete of ASTM CT6 class III standards. Other
equivalent pipe materials may be permitted upon the approval of the
Public Works Director.
(3)
The minimum size of storm drainage culverts shall be 15 inches
in diameter. Manholes shall be constructed at every stall change of
grade line or pipe size. There shall be a minimum 0.25-foot drop in
inverts at every structure.
(4)
Storm sewer street and yard inlet structures shall be provided
and the spread of water in the street, measured from the curb, shall
not exceed eight feet. Flow and spread computations shall be based
on computed increments of the ten-year frequency rainfall.
(5)
Where the contributing drainage area does not exceed 500 acres,
storm sewer culverts shall be designed using the ten-year frequency
rainfall curve. Where the contribution drainage area exceeds 500 acres,
the fifty-year rainfall frequency curve shall be used.
(6)
All open channels where the quantity of water exceeds the equivalent
capacity of a seventy-two-inch concrete pipe shall be designed using
the twenty-five-year rainfall frequency curve.
(7)
Major stormwater culverts (box culverts, or pipes exceeding
72 inches in diameter) for use on the primary street system or any
bridges shall be designed using the fifty-year rainfall frequency
curve.
(8)
Every development shall provide for stormwater management that
meets the minimum technical and design criteria set forth within the
stormwater regulations enacted by the Commonwealth of Virginia.
(9)
The post-development stormwater runoff rate of flow and characteristics
shall replicate, as nearly as practicable the existing pre-development
runoff characteristics and site hydrology of the development site.
The basic design criteria for stormwater management facilities employs
the ten-year, twenty-four-hour duration storm to determine pre- and
post-development flows. Required storage shall be computed using unit
hydrograph methods. Emergency spillways shall be designed to pass
the one-hundred-year frequency (also known as the 1% annual exceedance
probability), with a two-foot freeboard easement added to the computed
water level. Hydrographs, spillway design, embankment design and flow
computations shall be submitted with the preliminary plan.
(10)
Plans and profiles detailing the provisions for the adequate
deposition of natural water and stormwater in accordance with the
Virginia Department of Environmental Quality standards shall be submitted,
indicating the location, size, type and grade of ditches, catch basins,
and pipes and connections to existing drainage systems, and on-site
stormwater retention where deemed appropriate and necessary by the
City, with supporting contributing area and design computations as
may be required. Data, computations, and calculations shall be submitted
detailing the provision for implementation of stormwater volume management.
(11)
Within the Hazel Run, Rappahannock Canal, Kenmore Flume, and
Deep Run watersheds ("the volume control area"), for new development
or redevelopment, the first one-half inch of runoff from all new impervious
surfaces shall be removed from the runoff flow. A one-year, twenty-four-hour
extended detention may be used to satisfy up to 70% of this volume.
The remaining 30% shall be removed from runoff flow. At least 50%
of the parking lot surface shall drain to a filtration practice. Table
72-54.3B, Runoff Standards, summarizes this requirement.
(12)
For new or redeveloped parking lots outside the Hazel Run, Rappahannock
Canal, Kenmore Flume, and Deep Run watersheds, volume control of stormwater
is not required. However, at least 50% of the parking lot surface
(or in the case of redevelopment, at least 50% of the additional parking
lot area) shall drain to a filtration practice that is sized to treat
the first one-half inch of runoff. Table 72-54.3B, Runoff Standards,
summarizes these requirements.
Table 72-54.3B: Runoff Standards | |||
|---|---|---|---|
Development Type | Location | Volume Control Requirement | Volume Control Method |
New development | Within the volume control area | 1/2" from all impervious surface | Infiltration, evaporation, or reuse. Alternatively, up to 70%
of required volume may be satisfied via 1-year extended detention |
Outside the volume control area | None | N/A | |
Redevelopment | Within the volume control area | 1/2" from new impervious area | Infiltration, evaporation, or reuse. Alternatively, up to 70%
of required volume may be satisfied via 1-year extended detention |
Outside the volume control area | None | N/A | |
(13)
If, after implementing on-site volume controls to the maximum
extent practicable, the stormwater volume reductions required by this
subsection cannot be fully achieved on-site, the remainder may be
achieved through retrofit of off-site impervious areas within the
same watershed. In the alternative, compliance may be achieved through
the payment to the City of an in-lieu fee per cubic foot of volume
reduction not attained. The City shall apply all funds so collected
to stormwater control projects.
(14)
To assure long-term responsibility for and maintenance of stormwater management control devices and other techniques specified to manage the quality and quantity of runoff, recorded stormwater management and nonpoint source pollution control facilities maintenance agreements and deeds of easement shall be recorded with subdivision plats or before land disturbance or building permits are issued for improvements on site plans. Such documents shall include a drawing or plat showing the facilities, and boundary location of the easement, a maintenance agreement obligating the owner to provide and maintain appropriate landscaping and to provide regular or periodic maintenance of the facilities and the best management practices used therein, and such other provisions as the Stormwater Administrator (see § 38-412) may deem necessary in order to meet the requirements of this section and to ensure the public health and safety.
(15)
Floodplain studies shall be prepared for drainage areas exceeding
100 acres. The one-hundred-year rainfall curve shall be used, with
an eighteen-inch freeboard added to the computed water level. Floodplain
computations shall be performed using the stand-step method or an
equivalent method to achieve a balance of energy. Cross sections,
stream profiles and support calculations shall be submitted with the
preliminary plan.
C.
Erosion and sediment control. For the purpose of alleviating the
adverse effects of on- and off-site erosion, siltation and sedimentation
before and after development, adequate controls of both a temporary
and permanent nature shall be provided. No permit shall be issued
by the City authorizing any land disturbing activity, until an erosion
and sediment control plan has been submitted to the Stormwater Administrator
and approved in accordance with the requirements of the City's Virginia
Erosion and Stormwater Management Program (VESCP).
D.
Flood damage prevention. All development and redevelopment within a flood hazard area shall comply with the standards set forth in § 72-34.3, Floodplain Overlay District.
72-54.4 Utilities.
A.
The developer shall provide the utilities necessary to serve the
proposed development. All utilities provided by the developer shall
be installed underground and in accordance with adopted City standards,
and with standards and regulations adopted by the applicable regulatory
authority; provided, however, that:
(1)
Equipment such as electric distribution transformers, switchgear,
meter pedestals and telephone pedestals, which are normally installed
above ground, may continue to be so installed, in accordance with
accepted utility practices for underground distribution.
(2)
Meters, service connections and similar equipment normally attached
to the outside wall of the premises they serve may be so installed.
(3)
Temporary overhead facilities required for construction purposes
shall be permitted.
72-54.5 Utility easements.
A.
The developer shall provide sanitary sewer, water, and utility easements.
B.
Minimum easement width, centered on the utility facility, shall be
as follows, unless otherwise specified by the Director of Public Works:
(1)
Sanitary sewer: 20 feet and water: 15 feet, or as specified
in the City's Construction Specifications and Standards for Water
and Sewerage Facilities (August 2007, as amended from time to time).
(2)
Storm sewer: 20 feet.
(3)
Underground telephone, television cable, gas service or electric
service: 10 feet, unless otherwise required by the applicable utility
agency.
C.
Easements may overlap one another with the approval of the Director of Public Works. Disapproval may be appealed through a request for an exception as set forth in § 72-25.3. Additionally, the owner of property proposed for subdivision or development shall convey common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone and electric service to the proposed subdivision or development, as set forth within Code of Virginia § 15.2-2241(6).
72-55.0 Landscaping.
[Amended 7-9-2024 by Ord. No. 24-17]
A.
Purpose and intent. It is the purpose of this section to promote
and protect the public health, safety, and general welfare by implementation
of vegetative landscaping as means for:
(1)
Facilitating the creation of a convenient, attractive, and harmonious
community, through the preservation of existing vegetation and/or
the installation of additional trees, shrubs and other plants;
(2)
Providing vegetative buffers, screens, and boundaries, as visual
and physical separations between uses, to mitigate the impacts of
those uses upon each other;
(3)
Preserving existing tree canopy, and encouraging additional
tree canopy, to provide shade, moderate the effect of urban heat islands,
and improve air quality;
(4)
Preserving the character of lands, areas and properties of historic
significance;
(5)
Protecting against erosion and sedimentation;
(6)
Reducing stormwater runoff and the costs associated therewith;
(7)
Preserving and protecting the water table and surface waters;
(8)
Increasing local food security;
(9)
Protecting residents and visitors from personal injury and property
damage, and from property damage, caused or threatened by the improper
planting, maintenance or removal of trees, shrubs or other plants;
(10)
Restoring soils and land denuded as a result of construction
and/or grading;
(11)
Increasing the tree canopy to provide shade and moderate the
effect of urban heat islands;
(12)
Protecting and enhancing property values and aesthetic qualities;
(13)
Providing additional improvements to air quality through the
carbon dioxide uptake process provided by trees and landscaping; and
(14)
Providing visual screening, where appropriate.
B.
Applicability.
(1)
General. Except where expressly exempted, these standards shall
apply to all development in the City.
(2)
Review for compliance. Review for compliance with the standards
of this section shall occur during review of an application for a
site plan, planned development, or zoning permit, as appropriate.
(3)
Exemptions. Single-family detached and duplex dwellings shall
be exempted from the standards in this section.
72-55.1 General requirements.
[Amended 7-9-2024 by Ord. No. 24-17]
A.
Landscape plan.
(1)
To ensure compliance with the standards of this section, a professionally
prepared landscape plan, approved by an International Society of Arboriculture
certified arborist, demonstrating compliance with the requirements
shall be included as a part of any application for approval of a site
plan, subdivision, planned development, cluster development, certificate
of appropriateness, special use permit, or zoning permit, as appropriate.
(2)
In the event of phased development, a separate landscape plan
shall be required for each distinct phase of a development.
(3)
Minimum landscaping requirements are contained in Tables 72-55.4C
and 72-55.4D.
B.
Coordination with stormwater requirements. Stormwater management
facilities required by this chapter or other City requirements may
be incorporated into a proposed landscaping plan, potentially resulting
in a credit towards landscaping or open space set-aside requirements.
C.
Planting standards. Plantings shall comply with the following standards:
(1)
New plantings.
(a)
Deciduous canopy or shade trees shall be a minimum of 1.5 inches
in caliper and a maximum of 2.5 inches in caliper at the time of planting,
as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004,
as amended.
(b)
Understory, small maturing, or ornamental trees shall have a
minimum of 1.5 inches in caliper and a maximum of 2.5 inches in caliper
at the time of planting, as determined in the American Standard for
Nursery Stock, ANSI Z60.1-2004, as amended.
(c)
Evergreen trees shall be a minimum of three feet in height at
the time of planting. Trees should reach a minimum height of 15 feet
at maturity.
(d)
Deciduous shrubs which are upright in nature shall be a minimum
of 24 inches in height at the time of planting, and evergreen shrubs
shall be a minimum of 18 inches in height at the time of planting.
(e)
In cases where an aggregate caliper inch (ACI) requirement is
utilized to derive a required amount of vegetation, and the ACI figure
includes a fraction, an applicant may:
[1]
Utilize a tree or trees with a caliper inch measurement exceeding
the minimum size at time of planting standard of this subsection in
order to meet the required ACI; or
[2]
Round the ACI figure upwards until the figure corresponds with
a whole number of trees meeting the minimum size at time of planting
standard.
(f)
When trees exceeding the minimum size at time of planting standard
are proposed, the minimum calipers of such trees shall be clearly
noted on the site plan or subdivision plat, as appropriate.
(g)
In cases where application of the requirements in this subsection
result in a fraction in the number of shrubs to be provided, the minimum
number of shrubs or trees to be provided shall be rounded upwards
to the next highest whole number.
(h)
All landscape plant materials shall conform to the latest version
of the American Standard of Nursery Stock (ANSI Z60.1, as amended).
Plant material shall be of standard quality or better, true to name
and type of species or variety.
(i)
Drought tolerant vegetation, preferably native, should be used
and preferred to reduce dependency upon irrigation and sustain the
regions natural environment.
(j)
To curtail the spread of disease or insect infestation in a
plant genus, new plantings shall comply with the following standards:
[1]
When fewer than 20 trees are required to be planted on the site,
at least three different genera shall be used, in roughly equal proportions.
[2]
When more than 20 trees are required on a site, no more than
20% of any genus shall be used.
[3]
Nothing in this subsection shall be construed so as to prevent
the utilization of a larger number of different genera than specified
above.
[4]
All trees and shrubs shall be planted in accordance with ANSI
A300 Part 6.
(2)
Existing vegetation. Existing healthy, well-formed canopy and understory trees, as well as healthy shrubs, which are preserved and protected throughout the development process, shall be credited toward the requirements of this section, provided the vegetation meets the minimum size standards and is protected before and during development of the site and maintained thereafter in a healthy growing condition (see § 72-55.6, Subsection D, Tree preservation incentives).
(3)
Stabilization.
(a)
All landscape planting areas shall be stabilized and maintained
with groundcovers, mulches, or other approved materials to prevent
soil erosion and allow rainwater infiltration.
(b)
Groundcover located within three feet of a building base shall
comply with applicable requirements of the Virginia Statewide Fire
Prevention Code.
(4)
Berms. All berms shall comply with the following design standards:
(a)
The slope of all berms shall not exceed a 2:1 ratio (horizontal
to vertical), shall have a top width at least 1/2 the berm height,
and a maximum height of eight feet above the toe of the berm.
(b)
All berms, regardless of size, shall be stabilized with a groundcover
or other suitable vegetation.
(c)
Berms proposed to be placed along street right-of-way shall
be designed and constructed to provide adequate sight distances at
intersections and along the street.
(d)
Berms shall not damage the roots of existing healthy vegetation
designated to be preserved.
(5)
Limitations on landscaping placement.
(a)
Within easements.
[1]
Nothing except groundcover shall be planted or installed within
the area of any underground or overhead utility, drainage, or gas
easement, without the prior written consent of the utility provider,
the City, or as provided for by the applicable easement agreement.
Minimum clear separation distances required by the current adopted
version of the state's Fire Prevention Code shall be maintained
between landscaping and any fire protection system.
[2]
Where required landscaping material is damaged or removed due
to utility activity within an easement, the landowner shall be responsible
for replanting all damaged or removed vegetation necessary to ensure
required landscaping meets the standards in this chapter.
(b)
Near functional fire protection. Nothing except groundcover
shall be planted or installed within 15 feet of a fire protection
system without the prior written consent of the City Arborist. All
such groundcover shall comply with applicable requirements of the
Virginia Statewide Fire Prevention Code.
(c)
Near underground meter. Nothing except groundcover shall be
planted or installed within three feet of an underground meter without
the prior written consent of the utility provider or the City.
(d)
Beneath overhead utilities. Canopy trees shall not be planted
beneath overhead utilities. Understory trees may be planted beneath
overhead utilities with prior consent from the easement holder, or
as provided for by the applicable easement agreement.
72-55.2 Vehicular use area landscaping.
[Amended 7-9-2024 by Ord. No. 24-17]
All vehicular use areas shall include landscaping, both within
the interior of the vehicular use area and around its perimeter (see
Figure 72-55.2, Vehicular Use Area Landscaping).
Figure 72-55.2. Vehicular Use Area Landscaping  |
A.
Interior landscaping standards. All parking lots with containing
more than 12 parking spaces shall provide and maintain landscaped
planting areas within the interior of the parking lot in accordance
with the standards in this subsection. These standards shall not apply
to parking structures, or vehicle display areas.
(1)
Planting area size. Each planting area shall contain sufficient
area, in accordance with ANSI Standard A300 Part 6, to accommodate
the root growth of the plant material used. The size of the planting
area, size of plant material at maturity, and placement of plant material
shall allow for a two-and-one-half-foot bumper overhang from the face
of the curb.
(2)
Design. Unless altered through an alternative landscape plan (see § 72-55.7), interior planting areas shall be designed in accordance with the following standards:
(a)
Landscape islands shall be provided at a minimum rate of one
island per every 12 parking spaces and shall be evenly distributed
throughout the parking area.
(b)
Islands shall be located at the end of parking bays and have
a minimum size of 180 square feet for single-loaded parking bays,
and a minimum size of 360 square feet for double-loaded bays.
(c)
Off-street surface parking areas with 200 or more parking spaces
shall be organized into a series of smaller modules visually separated
by landscaped islands that are located at least every six parking
bays and are at least nine feet wide.
(d)
No parking space shall be separated from the trunk of a shade
or canopy tree by more than 55 feet. Perimeter vehicular use area
landscaping or other required landscaping may be used to meet this
requirement.
(3)
Planting rate. Each interior planting island shall contain trees
at the minimum rate of two aggregate caliper inches (ACI) of canopy
tree for every 180 square feet of island area, except for locations
directly under overhead utilities, where 1.5 ACI of understory trees
may be substituted for each required canopy tree.
(4)
Protection of planting areas. All planting areas shall be protected
from vehicle damage by the installation of curbing, wheel stops, or
other comparable methods. This standard shall not prohibit the use
of planting areas as stormwater management devices.
B.
Perimeter landscaping strips. Where a vehicular use area abuts a
street right-of-way, vacant land, or any other development (except
another parking lot), perimeter landscaping strips shall be provided
and maintained between the vehicle use area and the abutting right-of-way
or property line in accordance with the following standards.
(1)
Continuous visual screen. Perimeter landscaping for vehicular
use areas shall form a continuous visual screen with a minimum height
of 36 inches above grade, excluding required sight clearances at driveways
and near intersections.
(2)
Protection of landscaping strip. The perimeter landscaping strip
shall be protected from vehicular damage by the installation of curbing,
wheel stops, extra width in the landscaping strip, or other comparably
effective method approved by the Development Administrator.
(3)
Location. Perimeter landscaping strips shall be located on the
property, and shall be placed to assure visibility and safety of pedestrians
on the public street, as well as those within the vehicular use area.
(4)
Minimum width. The minimum width of a perimeter landscaping
strip serving a vehicular use area shall be eight feet.
(5)
Required materials.
(a)
Evergreen shrubs shall be used to form the continuous visual
screen in the perimeter landscaping strip.
(b)
In addition to the evergreen shrub requirements, each perimeter
landscaping strip shall include at least eight aggregate caliper inches
(ACI) of canopy trees per 100 linear feet of landscaping strip. Understory
trees may be used beneath overhead utilities.
(6)
Credit towards perimeter buffer requirements. Perimeter landscape strips associated with a vehicular use area may be credited towards perimeter buffer standards (see § 72-55.4), provided the minimum applicable buffer standards of this section are met, and provided the vehicular use area landscaping is within the area occupied by the perimeter landscape buffer.
(7)
Adjacent to off-street surface parking on other lots. Where two or more off-street surface parking lots are located adjacent to one another, but upon different lots, no perimeter landscaping strip shall be required between the two parking lots. Nothing in this section shall be construed to waive the requirement for perimeter landscape buffers in § 72-55.4.
72-55.3 Foundation plantings.
[Amended 7-9-2024 by Ord. No. 24-17]
A.
Purpose and intent. The purpose for these standards for foundation
plantings is to require landscaping plantings that soften the visual
impacts of building foundation walls.
B.
Applicability.
D.
Foundation planting standards.
(1)
Foundation plantings shall be comprised of large shrubs, planted
no greater than five feet on-center along the full extent of building
facades that face a street (other than an alley) or publically owned
lands.
(2)
In instances where an equipment or service area occupies a portion of a building facade wall facing a street or publically owned lands, the landscaping requirements in § 72-55.5, Screening, shall be applied.
(3)
Required shrubs may be planted up to 15 feet from the building
facade wall, provided there is a sidewalk located between the planting
area and the building wall.
72-55.4 Zoning district boundary.
[Amended 2-11-2014 by Ord. No. 14-07; 9-8-2020 by Ord. No. 20-17; 7-9-2024 by Ord. No. 24-17]
A.
Purpose and intent. Zoning district boundary landscape buffers are
intended to mitigate potential negative effects of contiguous uses
in differing zoning districts.
B.
Applicability. All development shall provide a zoning district boundary
landscape buffer to separate it from differently zoned adjacent property
in accordance with Table 72-55.4C, Buffer Types, and Table 72-55.4D,
Buffer Type Application.
(1)
Any required zoning district boundary buffer width can be reduced
to six feet with the provision of a solid masonry wall at least six
feet in height.
(2)
Zoning district boundary buffer widths (but not vegetation amounts) may be reduced in accordance with § 72-55.7, Alternative landscape plans.
(3)
The General Development Plan in a planned development (PD) district
may propose an alternative buffer, including an exception to buffer
requirements between uses within the boundaries of the PD District.
(4)
Zoning district boundary buffers shall not be required within
primary front yards.
C.
Buffer types. Table 72-55.4C, Buffer Types, describes two different buffering options in terms of their function, opacity, width, and planting requirements. Where a particular buffer type is required in Table 72-55.4D, Buffer Type Applications, the requirement may be met by using either of the buffer options (a narrow option with a wall is also an option). Where an option utilizing a berm or fence is selected, the berm or fence shall comply with the standards of § 72-55.1, Subsection C(4), Berms, or § 72-56, Fences and walls, as appropriate.
Table 72-55.4C: Buffer Types | |||
|---|---|---|---|
ACI = aggregate caliper inches | |||
Buffer Type and Configuration | Description | Minimum Screening Requirements Within Zoning District
Boundary Buffer | |
Option 1: Minimum Width 25 feet | Option 2: Minimum Width 15 feet | ||
Type A Basic | |||
 | This zoning district boundary buffer functions as basic edge
demarcating individual properties with a slight visual obstruction
from the ground to a height of 10 feet. | 10 ACI of canopy trees per 100 linear feet | 2 ACI of canopy trees + 12 ACI of understory trees per 100 linear
feet |
Type B Aesthetic | |||
 | This zoning district boundary buffer functions as an intermittent
visual obstruction from the ground to a height of at least 20 feet,
and creates separation without eliminating visual contact between
uses. | 8 ACI of canopy trees + 12 shrubs per 100 linear feet | 4 ACI of canopy trees + 13.5 ACI understory trees + 5 shrubs
per 100 linear feet |
Type C Semi-Opaque | |||
 | This zoning district boundary buffer functions as a semi-opaque
screen from the ground to at least a height of 6 feet. | 2 evergreen trees + 4 ACI of canopy trees + 9 ACI of understory
trees + 11 shrubs per 100 linear feet | A four-foot-tall opaque fence + 1 evergreen tree + 4 ACI of
canopy trees + 12 ACI understory trees + 11 shrubs + per 100 linear
feet |
Type D Opaque | |||
 | This zoning district boundary buffer functions as an opaque
screen from the ground to a height of at least 6 feet. This type of
buffer prevents visual contact between uses and creates a strong impression
of total separation. | 3 evergreen trees + 4 ACI of canopy trees + 13.5 ACI of understory
trees + 23 shrubs per 100 linear feet | A six-foot-tall opaque fence + 2 evergreen trees + 4 ACI of
canopy trees + 15 ACI of understory trees + 23 shrubs per 100 linear
feet |
D.
Buffer type application. Table 72-55.4D, Buffer Type Application,
specifies the type of landscaped buffer that development shall provide
between it and adjacent differently zoned. The buffer type is indicated
by a letter corresponding to one of the four buffer types depicted
in Table 72-55.4C, Buffer Types.
Table 72-55.4D: Buffer Type Application | |||||||
|---|---|---|---|---|---|---|---|
A = Type A Buffer B = Type B Buffer C = Type C Buffer
D = Type D Buffer N/A = Not Applicable (No Buffer Required) | |||||||
Zoning Classification of Adjacent Property | |||||||
Zoning Classification of Proposed Development Site | R-2; R-4 | R-8; R-12; PD-R | R-16; R-30; PD-MU | C-T; C-D; CM T-4M Transect | C-SC; PD-C; PD-MC | C-H; I-1; CM T-5M Transect | I-2 |
R-2; R-4 | N/A | N/A | B | C | D | D | D |
R-8; R-12; PD-R | N/A | N/A | A | B | C | D | D |
R-16; R-30; PD-MU | B | A | N/A | A | B | C | D |
C-T; C-D; CM T-4M Transect | C | B | A | N/A | A | B | D |
C-SC; PD-C; PD-MC | D | C | B | A | N/A | A | D |
C-H; I-1; CM T-5M Transect | D | D | C | B | A | N/A | C |
I-2 | D | D | D | D | D | C | N/A |
NOTES: | |
[1] | Letters in cells correspond to the buffer types depicted in
Table 72-55.4C, Buffer Types. |
[2] | Form-based codes. The Frontage and Transitional Zone standards
shall be used in place of buffer standards within the secondary front
yard of lots subject to an adopted form-based code. |
E.
Responsibility for buffer installation.
(1)
Vacant parcels. Where a developing parcel is adjacent to a vacant
parcel and a zoning district boundary buffer is required for both
parcels in accordance with this subsection, the developing parcel
shall provide a minimum of 1/2 of the zoning district boundary buffer
required adjacent to the vacant parcel.
(2)
Existing land uses. Where a parcel that is the subject of a
proposed development is adjacent to a developed parcel, and a zoning
district boundary buffer is required in accordance with this subsection,
the parcel that is the subject of the proposed development shall provide
the zoning district boundary landscape buffer, at the full required
width, adjacent to the developed parcel in accordance with Table 72-55.4C,
Buffer Types, and Table 72-55.4D, Buffer Type Application, unless
a portion or all of a zoning district boundary buffer that complies
with the standards of this section already exists between the lots.
Where a zoning district boundary landscape buffer exists, but the
buffer does not fully comply with the standards of this section, the
developing parcel shall be responsible for providing only the additional
buffer and planting material as necessary to meet the standards of
this section.
F.
Location of buffers, zoning district boundary landscape buffers required
by this subsection shall be located along the outer perimeter of the
parcel; such buffers shall begin at the applicable boundary line and
extend inward. In the case of parcel boundary lines along a public
right-of-way, solid fencing having a height in excess of 48 inches,
if provided, shall not encroach beyond the building setback line,
except when otherwise approved as part of an alternative landscape
plan. A zoning district boundary landscape buffer may be located along
shared access easements between parcels in nonresidential developments.
G.
Development within required buffers.
(1)
Unless permitted in this subsection, no required landscape buffer
shall contain any buildings, structures, improvements, or uses other
than landscaping.
(2)
Sidewalks and trails may be placed in zoning district boundary
buffers if all required landscaping is otherwise provided. When sidewalks
and trails are placed in a zoning district boundary landscape buffer,
pervious surfacing shall be used to the maximum extent practicable,
and the location of the sidewalk and trail shall be situated to minimize
damage and removal of existing vegetation.
(3)
Overhead and underground utilities may cross a zoning district
boundary buffer, but shall not be configured to run parallel with
and inside a zoning district boundary buffer unless the landscaping
located within the buffer will remain undisturbed, or the easement
requires the landscaping to be replaced, if damaged.
(4)
If required landscaping material is damaged or removed due to
utility activity within a required buffer, and the utility easement
does not require the utility company to replace the landscaping, then
the landowner shall be responsible for re-establishing the required
landscape buffer within 12 months to meet the requirements of this
section.
72-55.5 Screening.
[Amended 7-9-2024 by Ord. No. 24-17]
A.
General requirements. In addition to the required foundation plantings,
vehicular use area landscaping, and zoning district boundary landscape
buffer requirements, screening shall be required to conceal specific
areas of high visual or auditory impact, and hazardous areas, from
both on-site and off-site views (see Figure 72-55.5, Screening Methods).
Such areas shall be screened at all times, unless otherwise specified,
regardless of adjacent uses, districts, or other proximate landscaping
material.
B.
Items to be screened. The following areas shall be screened from
off-site views in accordance with this section:
(1)
Large waste receptacles (dumpsters) and refuse collection points
(including cardboard recycling containers);
(2)
Loading and service areas;
(3)
Outdoor storage areas (including storage tanks);
(4)
To the extent feasible given access requirements, ground-based
utility equipment in excess of 12 cubic feet;
(5)
Ground-level mechanical units, from public streets only; and
(6)
Rooftop mechanical units, from public streets only.
Figure 72-55.5. Screening Methods  |
C.
Screening methods. The following items are permitted for use as screening
materials. Alternative screening materials that are not listed may
be used if it is determined they are comparable to these screening
materials.
(2)
An earthen berm that is at least two feet in height, covered
with grass, and planted with other landscaping materials consistent
with the function of and requirements for a Type D buffer (see Table
72-55.4C, Buffer Types; provided, however, that a berm shall not be
used in the CD District or if it will replace existing trees;
(3)
A masonry wall that is the minimum height necessary to fully
screen the object being screened, and that is constructed of brick,
textured concrete masonry units, or stucco block;
(4)
Use of chain-link fencing with wooden or plastic slats shall
be limited to access gates only; or
(5)
Parapet wall.
72-55.6 Trees.
[Amended 7-9-2024 by Ord. No. 24-17]
A.
Street trees. Street trees shall be required for all development
in the City, in accordance with the following standards:
(1)
Where required. Street trees shall be required on both sides
of all streets in the City except alleys and around temporary turnarounds.
(2)
Location. Trees shall be evenly spaced, aligned along the right-of-way
frontage within 15 feet of the edge of the roadway pavement, and placed
between the edge of the roadway pavement and any sidewalk or trail.
(3)
Type. All trees must be on the City of Fredericksburg's
approved street tree list or be approved by the City Arborist. All
plantings must be in accordance with ANSI A300 Part 6. Existing mature,
healthy trees located within the zoning district boundary buffer shall
be preserved and maintained as part of the overall landscaping plan
for the development.
(4)
Configuration.
(a)
Single street trees shall be canopy trees except when beneath
overhead utilities, where understory trees shall be used. Refer to
the City of Fredericksburg's Approved Street Tree List for a
list of trees to be planted under power lines.
(b)
No single genus shall constitute more than 20% of the number
of trees to be planted.
(c)
Understory trees shall be spaced a maximum average of 20 feet
on-center.
(d)
Canopy trees shall be spaced a maximum average of 40 feet on-center.
B.
Specimen tree protection.
(1)
Applicability.
(a)
General.
[1]
Every development, except when exempted in accordance with § 72-55.6B(1)(b), shall include a specimen tree inventory as part of the overall landscaping plan for the development. The inventory shall be prepared by an International Society of Arboriculture certified arborist.
[2]
Existing mature, healthy trees located within the zoning district boundary landscape buffer shall be preserved and maintained. Removal of specimen trees within a zoning district boundary landscape buffer may be proposed in accordance with the standards in § 72-55.7, Alternative landscape plans, or by the City's Arborist.
[3]
A specimen tree is notable by virtue of its outstanding size
and quality for its particular species. An existing canopy tree is
considered notable when it achieves a diameter at breast height of
32 inches or more and any understory tree is considered notable when
it achieves a diameter at breast height of 9 inches or more. Species
not native to Virginia shall not be eligible for consideration as
specimen trees.
(c)
Invasive and alien species, including, but not limited to, those
trees listed on the Virginia Department of Conservation and Recreation's
Invasive Alien Plant Species list, are not considered specimen trees
for the purpose of this § 72-55, regardless of the diameter
at breast height (DBH).
(2)
Depiction on landscaping or development plan. The location,
species, and size of all specimen trees to be retained in accordance
with this section shall be depicted on the proposed development plan
associated with the development.
(3)
(4)
Removal of a specimen tree. Specimen trees may be trimmed, or
cut if the landowner demonstrates to the City Arborist one of the
following conditions:
(a)
Removal of a healthy specimen tree. A specimen tree is in healthy
condition, and all of the following standards are met:
[1]
The landowner is otherwise in compliance with this section;
[2]
The specimen tree prevents development of a lot platted prior
to October 8, 2013, in a way that limits building area to less than
otherwise allowed, or hinders compliance with the standards in Article
72-3, Zoning Districts; Article 72-4, Use Standards; or Article 72-5,
Development Standards; and
(b)
Removal of a severely diseased, high-risk, damaged, or dying specimen tree. A specimen tree is certified by an arborist or other qualified professional as severely diseased, high risk, damaged by an act of God, or dying. Removal of a severely diseased, high risk, or dying specimen tree shall not require mitigation in accordance with § 72-55.6, Subsection B(5), Replacement/mitigation of specimen trees.
(c)
Trimming, cutting or removal is otherwise necessary. This section's
prohibition of the trimming, cutting or removal of a specimen tree
shall not apply:
[1]
To work performed on federal or state property;
[2]
To emergency work performed to protect life, limb or property;
[3]
To routine installation, maintenance or repair of cable and
wires used to provide cable television, electric, gas or telephone
service;
[4]
To activities having only minor effects upon trees, such as
home gardening and landscaping of individual homes; or
[5]
To commercial silvicultural or horticultural activities.
(5)
Replacement/mitigation of specimen trees. Any person who is
determined to be responsible for the unauthorized destruction or who
proposes removal of a specimen tree shall be required to implement,
and to bear the cost of, the following measures:
(a)
Replacement trees required. Each healthy specimen tree removed
or destroyed shall be replaced with replacement trees, each measuring
no less than two inches in DBH by American Nurseryman Standard. Replacement
trees shall be provided at a rate necessary to result in a cumulative
total of replacement tree inches meeting or exceeding the DBH of the
specimen tree removed. The replacement trees shall be replanted within
12 months of the removal or destruction of the specimen tree.
(b)
Location of replacement trees. Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed if sufficient space is available, or placed on nearby property within the same watershed in accordance with § 72-55.7, Alternative landscape plans. If on-site or nearby locations within the same watershed are not feasible, payment into the Specimen Tree Mitigation Account (STMA) in lieu of planting may be considered in accordance with § 72-55.7, Alternative landscape plans. The value of the replacement trees shall be determined by an engineer's cost estimate plus 20% to cover the initial maintenance.
(c)
Specimen tree mitigation account (STMA). As a condition of alternative
landscape plan approval, funds shall be collected by the Development
Administrator prior to the issuance of the first certificate of occupancy
for the site or prior to issuance of land disturbance permit for projects
that do not include improvements that are intended for occupancy.
The City Arborist shall use STMA payments to install replacement trees
within the same watershed as the contributing project, or as near
to the project as practicable if no sites within the watershed are
available, within 24 months from receipt of payment.
(d)
Watersheds. For the purpose of this section, watersheds are
defined by the adopted map contained in the City's Comprehensive
Stormwater Management Facilities Plan (as amended).
C.
Tree protection during construction.
(1)
Owner's responsibility. At all times prior to completion
of development, barriers shall be installed to protect existing and
newly installed vegetation from damage, in accordance with ANSI standard
A300 Part 5, Management of Trees and Shrubs During Site Planning,
Site Development, and Construction and Best Management Practices -
Managing Trees During Site Development and Construction (as amended).
Except for driveway access points, sidewalks, curb, and gutter, no
paving shall occur within a tree protection zone except as may be
specifically authorized within an approved alternative landscaping
plan.
(2)
Tree protection fencing.
(a)
Where required. Specimen trees and other existing trees for which a developer is receiving credit towards landscaping requirements in accordance with § 72-55.6, Subsection D. Tree preservation incentives, shall be fenced with a sturdy and visible fence. The fence shall be installed prior to commencement of any land-disturbing activity and shall be maintained in place at all times until completion of development. Fencing shall be erected in accordance with ANSI standard A300 Part 5, Management of Trees and Shrubs During Site Planning, Site Development, and Construction and Best Management Practices - Managing Trees During Site Development and Construction (as amended). The Zoning Administrator shall consider the existing site conditions in determining whether the location of tree protection fencing meets the requirements of this subsection. The area located inside tree protection fencing is referred to as the "tree protection zone."
(b)
Inspection. All tree protection measures shall be inspected
and approved by the Zoning Administrator as being compliant with the
requirements of this subsection, prior to commencement of any land-disturbing
activities.
(c)
When required. No construction, grading, equipment or material
storage, or any other activity shall be allowed within any tree protection
zone.
(3)
Encroachments into tree protection zones. Encroachments into
tree protection zones shall occur only when no other alternative exists.
If such an encroachment is anticipated, the developer shall notify
the Zoning Administrator and shall refrain from any such encroachment
for a period of 48 hours following the notification, to allow the
Zoning Administrator an opportunity to confer with the developer and
inspect the site. Thereafter, if the developer proceeds with the encroachment,
the following preventive measures shall be employed:
(a)
Soil compaction. To help prevent compaction due to construction
traffic or materials delivery through a tree protection zone, the
area must first be protected in accordance with ANSI standard A300
Part 5, Management of Trees and Shrubs During Site Planning, Site
Development, and Construction and Best Management Practices - Managing
Trees During Site Development and Construction (as amended). Under
no circumstances shall equipment or materials be stored within a tree
protection zone.
(b)
Fill. No fill shall be placed within protection zone.
(c)
Chemical contamination. Trees located within a tree protection
zone shall be protected from chemical contamination from liquids or
other materials, including, but not limited to, paint, chemical solvents,
gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse
water from vehicle cleaning, including rinsing of concrete truck tanks
and chutes.
D.
Tree preservation incentives.
(1)
Tree preservation credits. In order to encourage the preservation
of as many trees as practical on a development site, credit towards
the minimum landscaping requirements shall be applied to all existing
trees retained on a site that comply with the credit standards of
this subsection and are not specimen trees. Credits shall be granted
in accordance with the following standards:
(a)
Standards. Existing healthy, well-formed canopy and understory
trees shall be credited toward the minimum landscaping requirements
in this section, provided:
[1]
The vegetation to be credited shall meet the minimum size standards
in this § 72-55;
[2]
The vegetation to be credited conforms with all species requirements
and does not include noxious or invasive weeds or other nuisance vegetation;
[3]
The vegetation to be credited is protected before and during
development by tree protection fencing or other methods approved by
the Zoning Administrator, or designee, prior to the start of any land-disturbing
activities; and
[4]
The location of the existing vegetation contributes to the screening
or buffering functions of the landscaping.
(b)
Credit amount. As an incentive for retention of existing trees, existing trees meeting the standards in Subsection D(1)(a), above, that are retained during and after development shall be credited towards the minimum landscaping requirements in this § 72-55 at a rate of 1.25 times the tree's actual caliper or diameter at breast height.
(2)
Reduction in the minimum number of required parking spaces. Up to a 5% reduction in the number of off-street parking spaces required on a development site shall be allowed, if the reduction of pavement will preserve the root zones of existing, healthy specimen trees. The specific amount of reduction will be determined by the Zoning Administrator after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Zoning Administrator. Alternative paving materials (see § 72-53.3, Subsection F, Alternative materials) may be required by the Zoning Administrator in cases where required parking areas encroach upon root zones.
72-55.7 Alternative landscape plans.
[Amended 7-9-2024 by Ord. No. 24-17]
A.
General. Alternative landscape plans, materials, or methods may be
justified due to natural conditions, such as streams, natural rock
formations, topography, and physical conditions related to the site.
Lot configuration and utility easements may justify an alternative
landscape plan, as well as impractical situations that would result
from the strict application of requirements of § 72-55,
Landscaping.
B.
Allowable deviations. The Zoning Administrator may approve an alternative landscape in accordance with this § 72-55.7, Allowable alternatives include, but are not necessarily limited to, the following:
(1)
Reduced planting rates due to public facilities. An adjustment
to planting locations or reduction of up to 20% in the type or total
number of required caliper inches may be allowed when underground
connections to public facilities or public utilities, or public easements
or right-of-way, are located upon or in close proximity to the parcel.
(2)
Reduction in standards due to nature of parcel. A reduction
in the count, spacing, or species diversity standards by up to 20%
may be allowed where the reduction is desirable in terms of protection
of existing natural resources, better consistency with the goals of
the Comprehensive Plan, or a site design that exceeds the quality
of what would otherwise result under a strict application of the standards
in this chapter. In cases where plant counts have been reduced, the
City may require off-site planting of some or all of the required
landscaping.
(3)
Redevelopment of nonconforming sites. The installation of required
landscaping during redevelopment of existing nonconforming sites.
72-55.8 Maintenance.
[Amended 7-9-2024 by Ord. No. 24-17]
The owner of a lot on which any required landscaping has been
installed shall be responsible for the maintenance of all landscape
areas not in the public right-of-way, and for continuing compliance
with applicable landscaping requirements. Required landscaping shall
be maintained in accordance with the approved landscape plan or alternative
landscape plan for a development and shall present a healthy and orderly
appearance free from refuse and debris. All trees and plantings shown
on an approved landscape plan or alternative landscape plan shall
be replaced if it dies, is seriously damaged, or removed. 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.
A.
Damage due to natural occurrence. In the event that any required
landscaping, including any physical element thereof (such as fencing
or berms) is severely damaged due to an unusual weather occurrence
or natural catastrophe, or other natural occurrence such as damage
by wild or domestic animals, the required landscaping shall be replanted
and replaced to the extent necessary to return the property to compliance
with the approved landscape plan or alternative landscape plan. The
owner shall have one growing season to comply. The Zoning Administrator
shall consider the type and location of the required landscaping as
well as the propensity for natural revegetation in making a determination
on the extent of replanting requirements.
B.
Protection during operations. Trees and other plantings that are
the subject of an approved landscape plan or alternative landscape
plan shall be protected from unnecessary damage during all facility
and site maintenance operations. Plants shall be maintained in a way
that does not obstruct sight distances at roadway and drive intersections,
obstruct traffic signs or devices, or interfere with the use of sidewalks
or pedestrian trails.
C.
Maintain shape. All required trees (whether canopy or understory) shown on an approved landscape plan or alternative landscape plan shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees (including, but not limited to, crape myrtles) that have been severely pruned, sheared, topped, shaped as shrubs, such that they no longer serve the intended buffering or screening function, shall be considered as damaged vegetation in need of replacement in accordance with § 72-55.8, Subsection A, Damage due to natural occurrence, and shall be replaced within one growing season.
D.
Natural death. The natural death of existing trees and plantings
within a required landscape will not trigger a requirement for replanting
or replacement unless the loss of such trees and plantings results
in a required landscape area that no longer complies with the requirements
of this § 72-55.
72-56.0 Fences and walls.
A.
Purpose and intent. The purpose and intent of this section is to
regulate the location and height of fences and walls to protect adjacent
properties from the indiscriminate placement and unsightliness of
fences and walls, and ensure the safety, security, and privacy of
properties.
B.
Applicability.
(1)
The provisions of this section shall apply to all construction,
substantial reconstruction, or replacement of fences or walls not
required for support of a principal or accessory structure, and to
any other linear barrier intended to delineate different portions
of a lot.
(2)
Temporary fences for construction sites and tree protection
fencing are exempted from these standards, but shall comply with the
requirements of the Uniform Statewide Building Code.
72-56.1 Location requirements.
B.
In easements or around fire protection facilities. Fences located
within utility easements or around fire protection facilities shall
receive written authorization from the easement holder or the City
(as appropriate). The City shall not be responsible for damage to,
or the repair or replacement of, fences that must be removed to access
such easements or facilities.
C.
Blocking natural drainage flow. No fence or wall shall be installed
in a manner or in a location so as to block or divert a natural drainage
flow on to or off of any other land, unless the fence or wall has
specifically been approved as part of an approved stormwater management
plan. Nothing in this section shall be construed to prevent the installation
of temporary fencing to protect existing trees, or as part of an approved
erosion and sediment control plan.
D.
Within buffers. Fences and walls shall be installed so as not to
disturb or damage existing vegetation or installed plant material,
to the maximum extent practicable. The perimeter fencing or wall for
a single development shall be of a uniform style that complies with
the standards of this section.
72-56.2 Height standards.
[Amended 1-10-2017 by Ord. No. 16-28]
A.
All fences and walls shall conform to the standards in Table 72-56.2,
Fence and Wall Height. In all cases, heights are measured from established
grade on the highest side of the fence or wall (see Figure 72-56.2,
Fence and Wall Location).
[Amended 9-8-2020 by Ord. No. 20-17]
Table 72-56.2: Fence and Wall Height (effective date January
10, 2017) | ||
|---|---|---|
Zoning District | Location | Maximum Height (inches) |
Residential | Any location on a vacant lot | 48 |
Residential Commercial Planned development Creative Maker | Between a front lot line and the front of the principal building | 48 |
Within a secondary front yard | 48 | |
Any other location on the lot | 72 | |
Industrial | Between the front lot line and the front of the principal building | 72 |
Within a secondary front yard | 72 | |
Any other location on the lot | 96 | |
Any zoning district | Within a sight triangle | 40 |
B.
The following exceptions to the general height regulations apply
to corner and through lots:
[Amended 9-8-2020 by Ord. No. 20-17]
Zoning District | Location | Special Circumstance | Maximum Height |
|---|---|---|---|
Residential Commercial Planned development Creative Maker | Secondary front yard | The secondary front yard abuts a primary front yard of another
lot. | 72 inches if the fence is no closer to the secondary front property
line than the front of the abutting principal structure. |
The secondary front yard abuts the secondary front yard of another
lot. | 72 inches | ||
An accessory structure is located within the secondary front
yard. | 72 inches if the fence is no closer to the secondary front lot
line than any side of the accessory structure |
C.
The Zoning Administrator may approve fences or walls exceeding six
feet in height in any side or rear yard in a residential, commercial,
Creative Maker, or planned zoning district, if the adjacent property
is in a nonresidential zoning district, or if there are unique topographic
or other physical circumstances on the property that were not created
by the property owner. The Zoning Administrator may condition approval
on a prescribed setback from the property line.
[Amended 9-8-2020 by Ord. No. 20-17]
D.
The Zoning Administrator may approve fences or walls exceeding the
maximum height in any yard in an industrial district if there are
unique topographic or other physical circumstances not created by
the property owner. The Zoning Administrator may condition approval
on a prescribed setback from the property line.
E.
No fence or wall shall be constructed in a manner or in a location
that impairs safety or sight lines for pedestrians and vehicles traveling
on public rights-of-way.
Figure 72-56.2. Fence and Wall Location (effective date:
January 10, 2017)  |
72-56.3 Maintenance.
All fences and walls and associated landscaping shall be maintained
in good repair and in a safe and attractive condition. The owner of
the property on which a fence or wall is located shall be responsible
for maintenance, including but not limited to, the replacement of
missing, decayed, or broken structural and decorative elements. All
fences and walls shall receive regular structural maintenance to prevent
and address sagging and weathering of surfaces visible from the public
right-of-way. Any deteriorated, damaged, or decayed fence materials
shall be repaired.
72-56.4 Fence materials.
[Added 1-10-2017 by Ord.
No. 16-28; amended 9-8-2020 by Ord. No. 20-17]
No barbed wire, razor wire, or similar fence material is permitted
in a residential, planned development, or commercial zoning district
or on a lot containing or adjacent to a residential use. No chain
link, wire, unpainted cinder block, nonpaintable plastic, or barbed
wire is permitted in the Creative Maker District.
72-57.0 Refuse collection areas.
A.
Purpose and intent. The purpose and intent of this section is to
establish standards for refuse collection areas.
B.
Applicability. All nonresidential and multifamily development shall
provide appropriate refuse collection areas and facilities in accordance
with the standards and requirements of this § 72-57.
72-57.1 Standards.
A.
Location Refuse collection facilities shall:
(1)
Be located so as to facilitate collection and minimize any negative
impact on on-site operations, neighboring lands, or public rights-of-way
(see Figure 72-57.1, Refuse Location);
(2)
Not be located between a principal structure and any adjacent
streets; and
(3)
Be located at least 20 feet from any lot line shared with a
lot containing a single-family detached dwelling; and
(4)
Not be located closer than three feet from any adjacent lot
line.
Figure 72-57.1. Refuse Collection Area Location  |
B.
Configuration Refuse collection facilities shall be:
(1)
A minimum size necessary to accommodate both solid waste containers
and recycling containers.
(2)
Located atop a concrete pad with a minimum depth of six inches.
(4)
Contained within an enclosure; and
(5)
Constructed according to specifications established by the solid
waste services provider to allow for collection without damage to
the collection vehicle.
72-58.0 Exterior lighting.
A.
Purpose and intent. The purpose of this section is to regulate light
spillage and glare to ensure the safety of motorists and pedestrians,
and to ensure lighting does not adversely affect land uses on adjacent
lands. More specifically, this section is intended to:
B.
Applicability.
(1)
General. The provisions of this section shall apply to all development
in the City unless exempted in accordance with § 72-58B(4),
Exemptions.
(2)
Time of review. Review for compliance with the standards of
this section shall occur as part of the review of an application for
a site plan, planned development, certificate of appropriateness,
or certificate of zoning use, as appropriate by the Development Administrator.
(3)
Existing development. Compliance with these standards, to the
maximum extent practicable, shall also apply to redevelopment of an
existing structure, building, or use when it is expanded, enlarged,
or otherwise increased in intensity equivalent to or beyond 50%.
(4)
Exemptions. The following uses, activities and development are
exempt from the exterior lighting standards of this section:
(a)
FAA-mandated lighting associated with a utility tower or airport;
(b)
Lighting associated with navigational beacons, the United States
flag, Virginia flag, or City of Fredericksburg flag;
(c)
Holiday lighting during the months of November, December, and
January, provided the lighting does not create unsafe glare on street
rights-of-way;
(d)
Battery-powered emergency lighting; and
(e)
Architectural lighting of 450 lumens (= 40 watts incandescent)
or less.
72-58.1 Lighting plan.
To ensure compliance with the standards of this section, a lighting
plan demonstrating how exterior lighting will comply with the standards
of this section shall be included as part of every development approval
application.
72-58.2 General standards.
A.
Hours of illumination. Institutional uses, commercial uses, and industrial
uses that are adjacent to existing residential development shall extinguish
all exterior lighting — except lighting necessary for security
or emergency purposes — within one hour after closing and shall
not turn on such lights until within one hour of opening. For the
purposes of this subsection, lighting "necessary for security or emergency
purposes" shall be construed to mean the minimum amount of exterior
lighting necessary to illuminate possible points of entry or exit
into a structure, to illuminate exterior walkways, or to illuminate
outdoor storage areas. Lighting activated by motion sensor devices
is strongly encouraged.
B.
Shielding. Except for single-family detached and duplex dwellings,
all exterior luminaries, including security lighting, shall be full
cut-off fixtures and directed downward, consistent with Figure 72-58.2B,
Full Cut-Off Fixtures. In no case shall lighting be directed above
a horizontal plane through the lighting fixture.
Figure 72-58.2B. Full Cut-Off Fixtures  |
C.
Maximum height. Except for athletic fields or performance areas,
the height of outdoor lighting, whether mounted on poles, walls, or
by other means, shall be no greater than 25 feet above grade.
D.
Maximum illumination value.
(1)
All outdoor lighting and indoor lighting visible from outside
shall be designed and located so that the maximum illumination measured
in footcandles at ground level measured at any lot line shall not
exceed the standards in Table 72-58.2D, Maximum Illumination Levels,
and Figure 72-58.2D Maximum Illumination Value.
Table 72-58.2D Maximum Illumination Levels | |
|---|---|
Type of Use Abutting a Lot Line [1] | Maximum Illumination Level at Lot Line (footcandles) |
Residential use or vacant land zoned for residential development | 0.5 |
Institutional use | 1.0 |
Commercial use or vacant land [2] | 2.0 |
Industrial use | 3.0 |
Parking lot | 2.5 |
NOTES: | |
[1] | See Table 72-40.2, Use Table |
[2] | Includes mixed-use development |
(2)
In no instance shall illumination levels within a lot or development
site exceed three footcandles.
Figure 72-58.2D. Maximum Illumination Value  |
E.
Signage. Lighting for signage shall be governed by the standards
in § 72-59, Signage.
72-58.3 Measurement.
A.
Light level measurements shall be made from a lot line of the land
upon which light to be measured is being generated. If measurement
on private property adjacent to the light-generating land is not possible
or practical, light level measurements may be made at the boundary
of the public street right-of-way that adjoins the land.
B.
Measurements shall be made at established grade (ground level), with
the light-registering portion of the meter held parallel to the ground
pointing up. The meter shall have cosine and color correction and
have an accuracy tolerance of no greater than plus or minus 5%.
C.
Measurements shall be taken with a light meter that has been calibrated
within two years.
D.
The Development Administrator shall be responsible for enforcement
of the standards in this section.
72-59.1 Purpose and applicability.
The purpose and intent of this section is to establish reasonable
regulations on the size, height, area, bulk, location, erection, construction,
reconstruction, alteration, repair, maintenance, razing, and removal
of signs and the structures to which they are affixed. The section
applies to signs that are visible from the public rights-of-way and
those visible across property boundaries. These regulations are intended
to protect public health and safety, safeguard the public nature and
uses of the rights-of-way, preserve the scenic and natural beauty
of the City, and foster a community image that promotes economic growth,
all within the bounds of the United States Constitution.
72-59.2 General regulations.
A.
All signs shall comply with all provisions of this chapter, all applicable
provisions of the Building Code, and all state and federal laws and
regulations pertaining to the display of signage.
C.
Before a sign permit is issued, an application for a certificate
of zoning use and a certificate of appropriateness, as well as any
building or electrical permits required by the City, if applicable,
must be approved.
D.
A sign permit is void if any sign for which the permit was issued
is not installed in accordance with the permit, and all fees paid,
within six months of the date the permit was issued, unless the Zoning
Administrator, within the Administrator's sole discretion, grants
a permit extension. The City may revoke a sign permit if:
E.
The owner of any sign, other than a permitted off-premises sign,
located on commercial property where the use or business has ceased
operating shall, within 60 days of the cessation of use or business
operation, replace the sign face with a blank face until a use or
business has resumed operating on the property.
72-59.3 Exempted signs.
The signs listed in this section are allowed without a sign permit. However, any general requirements for a certificate of zoning use, certificate of appropriateness, building permit, or electrical permit still apply. All prohibitions in § 72-59.4 still apply. All regulations applicable to particular zoning districts still apply.
A.
Signs of a duly constituted governmental body.
B.
Up to four square feet of building-mounted signage within six feet
of any building entrance. This signage shall not be illuminated in
R and PD-R districts.
C.
Flags of up to 40 square feet.
D.
Address numbers signs that are not larger than one square foot in
R and PD-R districts; and not larger than two square feet in all other
districts.
E.
Seasonal displays and decorations.
F.
Temporary signs:
[Amended 6-8-2021 by Ord. No. 21-15]
(1)
In any Residential (R) and PD-R districts, and on residential use properties in other districts, one or more nonilluminated signs, totaling 32 square feet, is permitted. If freestanding, up to six square feet of signage may be up to six feet in height. The remaining 14 square feet is limited to four feet in height. The location of freestanding signs shall comply with § 72-59.5B. The height of building-mounted signs shall comply with § 72-82.8H.
(2)
In the C-D, Old and Historic Fredericksburg, and Gateway Overlay districts, except for residential use properties, one nonilluminated sign, up to 20 square feet in area, is permitted. Freestanding signs shall be no more than eight feet in height or the maximum height permitted for freestanding signs in §§ 72-59.6 and 72-59.7, whichever is less. The location of freestanding signs shall comply with § 72-59.5B. The height of building-mounted signs shall comply with § 72-82.8H.
(3)
In any other district, except for residential use properties, one nonilluminated sign, up to 20 square feet in area on lots with 150 feet of frontage or less, and up to 32 square feet in area on lots with more than 150 feet of frontage. Freestanding signs shall be no more than eight feet in height or the maximum height permitted for freestanding signs in § 72-59.6, whichever is less. The location of freestanding signs shall comply with § 72-59.5B. The height of building mounted signs shall comply with § 72-82.8H.
G.
Permanent ground or building-mounted signs of up to two square feet
when adjacent to parking lot entrances and exits and parking spaces.
H.
Normal maintenance and repair of a conforming sign.
I.
Change of advertised copy on a variable message board sign or marquee
designed and approved for replaceable copy.
J.
Public art.
K.
Signs that are illegible because their physical attributes do not
allow for the differentiation of words, letters, figures, designs,
symbols, or logos by an observer with 20/20 vision located in the
public right-of-way, on public property, or across a property boundary.
L.
Any sign applied directly and entirely to and flush with an asphalt,
concrete, or similar paved surface.
M.
Any sign within a building, if the sign does not display animation,
flashing or intermittent lights, or lights changing degrees of intensity,
have message changes that are on less than an eight-second cycle,
and if the sign is not in motion by any means, unless otherwise prohibited
by § 72-59.
72-59.4 Prohibited signs.
All signs and sign structures that are not specifically exempted
or permitted by § 72-59 are prohibited, specifically including:
A.
Signs that violate any provision of United States or Virginia law.
B.
Signs that obstruct a door, fire escape, or building opening intended
for light, air or access to a building.
C.
All signs, including pennant strands, streamers, floating and stationary
balloons, strings of flags, sail/feather signs, inflated devices,
and signs held by persons, that are in motion by any means, including
fluttering or rotating.
[Amended 6-8-2021 by Ord. No. 21-15]
D.
Signs displaying animation, flashing or intermittent lights, or lights changing degrees of intensity, including electronic variable message signs except as otherwise permitted in § 72-59.5, Design standards.
E.
Signs that obscure a governmental sign, and signs likely to be mistaken
for governmental signs.
F.
Signs that are likely to cause a pedestrian or vehicular traffic
hazard.
G.
[1]Signs that are structurally unsafe or in poor, physically
deteriorated condition..
[Amended 6-8-2021 by Ord. No. 21-15]
H.
Portable signs.
I.
Signs that emit smoke, flame, scent, mist aerosol, liquid, gas, or
sound (other than a customer/business employee intercom).
J.
Any sign displayed on a motor vehicle or trailer when the vehicle
or trailer is used primarily for the purpose of and serving the function
of a portable sign, except when the vehicle or trailer is loading
or unloading or parked in an area that is not adjacent to a public
street.
[Amended 6-8-2021 by Ord. No. 21-15]
K.
Signs representing or depicting specified sexual activities, specified
anatomical areas, or sexually oriented goods, and signs containing
obscene text or pictures as defined by the Code of Virginia.
L.
Off-premises advertising signs, except as specifically permitted
by § 72-59 or another section of the City Code.
M.
Roof signs, except as permitted in the Creative Maker District under § 72-59.7.
[Amended 9-8-2020 by Ord. No. 20-17]
N.
Signs erected on public property, including rights-of-way, other
than those approved by an authorized City official in writing, required
by law, or permitted under Code of Virginia, § 24.2-310.
These signs may be immediately removed and disposed of by any authorized
official. Removal of the sign under this provision does not preclude
prosecution of the person responsible for the sign.
O.
Any sign or illumination that causes any direct glare into or onto
any building other than the building to which the sign is located.
P.
Any sign, except official notices required by federal, state, or
local law, which is nailed, tacked, posted or in any other manner
attached to any pipe or utility pole, whether on public or private
property of any description, or to any natural vegetation.
[Amended 6-8-2021 by Ord. No. 21-15]
Q.
[2]Any exterior permanent lighting either by exposed tubing
or strings of lights, either outlining any part of a building or affixed
to any architectural feature thereof.
[2]
Editor's Note: Former Subsection R, regarding signs extending
above the zoning district height limits, was repealed 6-8-2021 by Ord. No. 21-15. This ordinance also provided for the redesignation of
former Subsection S as Subsection Q.
72-59.5 Design standards.
The following regulations apply to all signs permitted or exempted
under § 72-59:
A.
Electronic Variable Message Signs.
[Amended 5-28-2019 by Ord. No. 19-23]
(1)
Shall only be permitted in the PD-C Zoning District, except
that:
(a)
Signs permitted under § 72-59.6A(2) for the stacking lanes of accessory drive-through uses may use electronic variable message displays.
(b)
Signs permitted under § 72-59.6A(2) in association with gasoline sales uses that are located on properties fronting on U.S. Route 1, Virginia Route 2 (south of the Blue Gray Parkway), and Virginia Route 3 (west of U.S. Route 1) may use electronic variable message displays.
(2)
Shall be limited to freestanding signs.
(3)
No more than 40% of permitted sign area may be an electronic
variable message display, except that:
(a)
Up to 100% of permitted sign area for signs permitted under § 72-59.6A(2) in association with a drive-through accessory use may be electronic variable message displays.
(b)
Up to three areas, each up to 15 inches in height and 36 inches in width, of signs permitted in association with a gasoline sales use under § 72-59.6A(2) may be electronic variable message displays.
(4)
Changes in display shall alternate on a not-less-than-eight-second cycle, except that signs permitted under § 72-59.6A(2) in association with a drive-through accessory use or gasoline sales use shall change no more than once per hour. Changes shall be instantaneous with no animation effects, including blurring, fading, wiping, or scrolling. All electronic variable message signs, regardless of current cycle time, shall conform to this subsection within one year of the date this section is adopted.
(5)
As part of the sign permit application, the display manufacturer
shall submit a letter certifying that the proposed sign will be programmed
to meet the code requirements upon installation and that all programmed
compliance features will be locked from future alteration.
(6)
Displays shall be turned off during a major failure or malfunction.
C.
Illumination. The following applies to all illuminated signs:
(1)
External lights of any technology may be installed, directed solely at the sign in a manner that does not illuminate surrounding areas, or signs may be illuminated by any technology with a brightness not exceeding the maximum illumination levels shown in § 72-58.2D.
(2)
The illumination of signs within 300 feet of and visible from
residential districts or PD-R shall be turned off at 10:00 p.m. or
within one hour after the closing of the business, whichever is later,
and shall be turned on no sooner than one hour before the business
opens.
72-59.6 Sign regulations by type of sign: building-mounted and freestanding.
A.
Residential, Planned Development-Residential, Commercial, and Industrial
Districts.
(1)
Building-mounted signs are permitted as follows:
[Amended 5-28-2019 by Ord. No. 19-23; 6-23-2020 by Ord. No. 20-12]
Building-Mounted Signs | |||
|---|---|---|---|
Zoning District | Residential and Planned Development - Residential | Commercial | Industrial |
Maximum area | 0.5 square feet of signage per linear foot of building front
(up to 50 square feet) | Nonresidential and Mixed-Use Buildings: 1.5 square feet of signage per linear foot of building front
(up to 250 square feet or 25% of the total building-mounted signage
allowed, whichever is greater, per building side); and Additional 0.25 square feet of signage per linear foot of building
front for buildings with 3 or more stories Residential Buildings: 0.5 square feet of signage per linear foot of building front
(up to 50 square feet) | 1.5 square feet of signage per linear foot of building front
(up to 250 square feet or 25% of the total building signage allowed,
whichever is greater, per building side) |
Illumination | No | Yes | Yes |
Maximum projection | 42 inches from wall | 42 inches from wall | 42 inches from wall |
Minimum clearance if projecting more than 6 inches | 8 feet above pedestrian travel way, 15 feet above vehicle travel
path | ||
Other | Only permitted for nonresidential uses permitted as a principal
use. | Each building containing a commercial use in C-D may have additional
building-mounted signage advertising off-premises nonresidential uses,
of up to 4 square feet per off-premises use and up to 16 square feet
total. | Three or more businesses that are not adjacent to an arterial
or collector road may jointly erect 1 freestanding sign off-site,
which shall not exceed 10 feet in height and 100 square feet in area.
The sign shall be located within 1,000 feet of the businesses being
advertised and be on property zoned I-1 or I-2. |
(2)
Freestanding signs are permitted as follows:
[Amended 5-28-2019 by Ord. No. 19-23]
Freestanding Signs | |||||||
|---|---|---|---|---|---|---|---|
Zoning Districts | |||||||
R | C-T | C-D | C-SC | C-H | I-1 | I-2 | |
Maximum Number | |||||||
Per parcel per street frontage | 1, for non- residential uses permitted as a principal use | 1 | 1 | N/A | 1 | 1 | 1 |
Per gasoline sales use | N/A | N/A | 1 | 1 | 1 | 1 | 1 |
Per major entrance to an office park or retail center | N/A | 1 | N/A | 1 | 1 | N/A | N/A |
Per major entrance to a shopping center | N/A | N/A | N/A | 1 | N/A | N/A | N/A |
Per major entrance to an industrial park | N/A | N/A | N/A | N/A | N/A | N/A | 1 |
Per major entrance to a neighbor- hood | 2 | N/A | N/A | N/A | N/A | N/A | N/A |
Flagpole per parcel | 1 | 1 | 1 | 1 | 1 | 1 | 1 |
Maximum Sign Area (square feet)* | |||||||
For each sign adjacent to a public street right-of-way > 70
feet | 20 | 40 | 40 | 100 | 100 | 100 | 100 |
For each sign adjacent to a public street right-of-way < 70 feet | 10 | 30 | 30 | 75 | 75 | 75 | 75 |
For gasoline sales uses | N/A | N/A | 25 | 25 | 25 | 25 | 25 |
For major entrances listed above, adjacent to a public street
right-of-way > 70 feet | 20 each | 60 | N/A | 100 | 100 | N/A | 100 |
For major entrances listed above, adjacent to a public street
right-of-way < 70 feet | 20 each | 40 | N/A | 75 | 75 | N/A | N/A |
* Flag area counts toward maximum sign area. | |||||||
Maximum Height (feet)** | |||||||
General | 5 | 5 | 5 | 20 | 20 | 20 | 20 |
For major entrances listed above, adjacent to a public street
right-of-way > 70 feet | 5 | 10 | N/A | 20 | 20 | N/A | 20 |
For major entrances listed above, adjacent to a public street
right-of-way < 70 feet | 5 | 8 | N/A | 20 | 20 | N/A | N/A |
** Permitted flagpole height is equal to maximum permitted building
height as defined by Article III. | |||||||
Illumination | |||||||
For each sign adjacent to a public street right-of-way > 70
feet | Yes, only by direct white lighting illuminat- ing the face of
the sign | Yes | Yes | Yes | Yes | Yes | Yes |
For each sign adjacent to a public street right-of-way < 70 feet | N/A | Yes | Yes | Yes | Yes | Yes | Yes |
Other | |||||||
Two signs are permitted for each stacking lane of an accessory
drive-through use. The signs shall not be included in calculating
the number of freestanding signs or in calculating the total aggregate
sign area. One sign is limited to six feet in height and 30 square
feet in area. One sign is limited to six feet in height and 15 square
feet in area. Signs shall be installed within 10 feet of the drive-through
lane. | |||||||
B.
Planned Development Districts. A signage design package is required
for all signs in PD-C, PD-MU, PD-MC Districts that will have multiple
land uses or multiple development phases.
(1)
The Zoning Administrator may approve minor amendments to a signage
design package. The Zoning Administrator has the sole discretion to
determine whether an amendment to a package is minor.
(2)
Signage design package review process.
(a)
The applicant shall submit a signage design package for approval
by the Zoning Administrator with either the final site design for
the first phase of development or before construction of the first
phase of lot or site development.
(b)
The Zoning Administrator shall review the proposed signage design
package within 60 days. The package may be returned to the applicant
for changes or modifications. A changed or modified package that addresses
departmental comments and is resubmitted shall be approved or denied
within 45 days. The applicant may file an appeal of the Zoning Administrator's
decision to the BZA.
(3)
A signage design package:
(a)
Shall contain only signs with consistent colors and fonts (excepting
business logos), lighting, and construction materials.
(b)
May contain any types of signs that the Zoning Administrator
deems to be consistent with the overall planned development district.
(c)
Specify the types of materials proposed for construction or
use on the project's various signs. Sign poles, supports, panels,
attachments, lettering and visible base materials must be identified.
Individual purchasers or lessees of project property may select sign
materials for their individual signs where the package so allows.
(4)
Upon approval of the signage design package by the Zoning Administrator,
all new signs within the boundaries of the PD-C, PD-MU, or PD-MC project
shall adhere to the standards of the approved signage design package.
(5)
All signage design packages shall be in conformance with all
sign permit requirements of § 72-59.
(6)
In addition to the general signage design package regulations,
the regulations in this section apply to signs in all PD-C districts.
(a)
In PD-C districts of at least 150 acres, PD-C development projects
will be permitted the following signs:
[Amended 6-23-2020 by Ord. No. 20-12
[1]
A freestanding sign not to exceed 1,000 square feet in sign
panel area or 150 feet in height, which may be illuminated.
[2]
A monument sign at a major entrance adjacent to a public street
right-of-way greater than 70 feet in width. The sign shall not exceed
60 feet in height (excluding architectural treatments). The sign shall
not exceed 200 square feet, except that up to 30 users in the development
may each have up to 130 additional square feet of space on the monument
sign as an off-premises sign.
[3]
A monument sign at each existing major intersection at the boundary
of the district, not to exceed 15 feet in height and 250 square feet
in sign area.
(b)
Individual parcels within a PD-C may be permitted:
[1]
Building-mounted signage.
[Amended 6-23-2020 by Ord. No. 20-12]
Non-Residential and Mixed-Use Buildings | Residential Buildings |
|---|---|
Building-mounted signage of up to one square foot for each linear
foot of building perimeter (up to 250 square feet of total building-mounted
signage or 25% of the total building-mounted signage allowed, whichever
is greater, per building side); and Additional 0.25 square feet of building-mounted signage per
linear foot of building front for buildings with three or more stories | Building-mounted signage of up to 0.3 square feet per linear
foot of building perimeter (up to 50 square feet of total building-mounted
signage per building side) |
[2]
A monument sign up to 10 feet high and 100 square feet in area.
A monument sign identifying more than one user may be up to 150 square
feet in area.
[3]
An off-premises monument sign up to 10 feet high and 100 square
feet in area if the subject of the sign is on a site or lot of at
least 100,000 square feet that does not abut a four-lane major thoroughfare,
and the sign is located within 300 feet of the subject.
[4]
Two signs are permitted for each stacking lane of an accessory
drive-through use. The signs shall not be included in calculating
the number of freestanding signs or in calculating the total aggregate
sign area. One sign is limited to six feet in height and 30 square
feet in area. One sign is limited to six feet in height and 15 square
feet in area. Signs shall be installed within 10 feet of the drive-through
lane.
[Added 5-28-2019 by Ord.
No. 19-23]
(7)
In addition to the general signage design package regulations,
the regulations in this section apply to signs in all PD-MU and PD-MC
districts.
[Amended 5-28-2019 by Ord. No. 19-23; 6-23-2020 by Ord. No. 20-12]
(a)
Jn PD-MU and PD-MC districts of at least 20 acres, development
projects will be permitted the following signs:
[1]
A freestanding sign at a major entrance adjacent to a public street
right-of-way greater than 70 feet in width. The sign shall not exceed
30 feet in height. The sign shall not exceed 200 square feet. Up to
100 square feet of the total sign area can be used as off-premises
signs for uses within the district.
[2]
A freestanding sign at each existing major intersection at the boundary
of the district, not to exceed 15 feet in height and 100 square feet
in sign area.
(b)
Individual parcels within a PD-MU and PD-MC may be permitted:
[1]
Building-mounted signage.
Non-Residential and Mixed-Use Buildings | Residential Buildings |
|---|---|
Building-mounted signage of up to one square foot for each linear
foot of building perimeter, up to 250 square feet of total building-mounted
signage or 25% of the total building-mounted signage allowed, whichever
is greater, per building side; and Additional 0.25 square feet of building-mounted signage per
linear foot of building front for buildings with three or more stories | Building-mounted signage of up to 0.3 square feet per linear
foot of building perimeter, up to 50 square feet of total building-mounted
signage per building side |
[2]
A freestanding sign up to 10 feet high and 100 square feet in area.
A freestanding sign identifying more than one user may be up to 150
square feet in area.
[3]
An off-premises freestanding sign up to 10 feet high and 100 square
feet in area if the subject of the sign is on a site or lot of at
least 100,000 square feet that does not abut a four-lane major thoroughfare,
and the sign is located within 300 feet of the subject.
[4]
Two signs are permitted for each stacking lane of an accessory drive-through
use. The signs shall not be included in calculating the number of
freestanding signs or in calculating the total aggregate sign area.
One sign is limited to six feet in height and 30 square feet in area.
One sign is limited to six feet in height and 15 square feet in area.
Signs shall be installed within 10 feet of the drive-through lane.
C.
Creative Maker Districts.
[Added 9-8-2020 by Ord.
No. 20-17]
(1)
Building-mounted signs are permitted as follows:
Building-Mounted Signs | |
|---|---|
Creative Maker District | |
Maximum area | 1.5 square feet of signage per linear foot of building front
(up to 250 or 25% of the total building-mounted signage allowed, whichever
is greater square feet per building side); and Additional 0.25 square foot of signage per linear foot of building
front for buildings with 3 or more stories Residential Buildings: 0.5 square foot of signage per linear foot of building front
(up to 50 square feet) |
Illumination | Yes |
Maximum projection | 42 inches from wall |
Minimum clearance if projecting more than 6 inches | 8 feet above pedestrian travelway; 15 feet above vehicle travel
path |
Other | Each building containing a commercial use in CM-D may have additional
building-mounted signage advertising off-premises nonresidential uses,
of up to 4 square feet per off-premises use and up to 16 square feet
total. |
(2)
Freestanding signs are permitted as follows:
Freestanding Signs | ||
|---|---|---|
Maker Frontage B-C | Maker Frontage D-E | |
Maximum Number | ||
Per parcel per street frontage | 1 | 1 |
Per gasoline sales use | 1 | 1 |
Per major entrance to an office park or retail center | 1 | 1 |
Per major entrance to a shopping center | 1 | 1 |
Per major entrance to a neighborhood | 1 | 1 |
Flagpole per parcel | 1 | 1 |
Maximum Sign Area (square feet)* | ||
For each sign adjacent to a public street right-of-way
> 70 feet | 100 | 40 |
For each sign adjacent to a public street right-of-way < 70 feet | 75** | 30** |
For gasoline sales uses | 25 | 25 |
For major entrances listed above, adjacent to a
public street right-of-way > 70 feet | 100 | 60 |
For major entrances listed above, adjacent to a
public street right-of-way < 70 feet | 75 | 40 |
Maximum Height (feet)*** | ||
General | 20 | 10 |
For major entrances listed above, adjacent to a
public street right-of-way > 70 feet | 20 | 10 |
For major entrances listed above, adjacent to a
public street right-of-way < 70 feet | 20 | 8 |
Illumination | ||
For each sign adjacent to a public street right-of-way
> 70 feet | Yes | Yes |
For each sign adjacent to a public street right-of-way < 70 feet | Yes | Yes |
Other | ||
2 signs are permitted for each stacking lane of
an accessory drive-through use. The signs shall not be included in
calculating the number of freestanding signs or in calculating the
total aggregate sign area. 1 sign is limited to 6 feet in height and
30 square feet in area. 1 sign is limited to 6 feet in height and
15 square feet in area. Signs shall be installed within 10 feet of
the drive-through lane. | ||
NOTES: | |
* | Flag area counts toward maximum sign area. |
** | Signs painted on the building facade in the Maker District may exceed this sign area in conjunction with § 72-59.6C(3). |
*** | Permitted flagpole height is equal to maximum permitted building
height as defined by Article III. |
(3)
Additional rules for Creative Maker Districts:
(a)
Roof signs are permitted in the Creative Maker District in accordance
with the following:
[1]
Roof signs are only permitted along Frontages B, C, and E.
[2]
The roof sign shall be no taller than 25% of the height of the
existing building or 20 feet, whichever is greater.
[3]
The roof sign shall count as "building signage" and, together
with other building signs, shall not exceed the established square
foot limits.
(b)
Building signage painted onto the facade of the building may exceed the building-mounted signage square foot limits ascribed in § 72-59.6A(1) in accordance with the following:
[1]
The painted sign may sign may be 150 total square feet or the maximum amount of building-mounted signage permitted under § 72-59.6A(1), whichever is greater.
[2]
Painted signage shall count towards the total permitted building-mounted signage. If additional building-mounted signage is proposed, then together the signs shall not exceed the total amount of building-mounted square feet permitted under § 72-59.6A(1).
(c)
Electronic variable-message signs are prohibited in the Creative
Maker Districts.
72-59.7 Overlay Districts.
A.
Historic Districts. In addition to the general regulations of § 72-59,
the regulations in this section apply to signs in all the Old and
Historic Fredericksburg District:
(1)
All signs to be located in the Old and Historic Fredericksburg
District shall be approved by the Architectural Review Board in accordance
with the provisions of the HFD Overlay District. The ARB may regulate
the area, height, placement, materials, color, lighting, graphics,
lettering, and architectural styling of signs, consistent with applicable
guidelines.
(2)
Electronic variable message signs are prohibited in all historic
districts.
B.
Gateway Overlay Districts. In addition to the general regulations
of § 72-59, all signs to be located in Gateway Overlay Districts
shall be approved by the Zoning Administrator in accordance with the
provisions of this overlay district. The Zoning Administrator may
regulate the area, height, placement, materials, color, lighting,
graphics, lettering, and architectural styling of signs, consistent
with applicable guidelines.
(1)
Cowan Boulevard Corridor and Fall Hill Avenue Corridor subdistricts.
(a)
Each site or development shall have an overall signage plan
reviewed as part of a sign permit, including a consistent style, size,
and color scheme for all signs on the property.
(b)
Materials used in both sign and support structures shall complement
the building being served by the sign.
(c)
The only signage allowed within the streetscape buffer in C-SC,
C-H, and C-T districts is one sign, which shall be ground-mounted,
monument-style, and not more than 10 feet in height or more than 60
square feet in surface area.
(d)
Sign illumination shall be by direct white lighting or backlighting
with a diffuse light source. Direct white lighting shall be shielded
so that it does not spill over into adjacent properties or into motorists'
eyes. Backlighting is permitted for signs with dark opaque backgrounds,
if light shines through only the letters, characters, or graphics
of the sign.
(e)
All sign colors shall be compatible and shall be consistent
with the color, scale, and style of the building or site.
(f)
Ground-mounted, monument-style signs shall include landscaping
around the base of the sign. The sign base shall be counted in the
ten-foot height limit set forth in this section and shall not exceed
30% of the overall sign height.
(2)
Electronic variable message signs are prohibited in the Lafayette
Boulevard Corridor Overlay District along Lafayette Boulevard and
the Princess Anne Street Corridor Overlay District along Princess
Anne Street.
72-59.8 Banners.
Banners are permitted subject to the following:
A.
Banners shall be building-mounted. A maximum of one banner may be
displayed at any one time. The area of the banner is limited to 50%
of the aggregate area of permitted permanent building signage or 40
square feet, whichever is less.
[Amended 5-28-2019 by Ord. No. 19-22]
B.
Each permitted banner shall be displayed for no more than 30 consecutive
days, and each display shall be separated by a period of not less
than 30 days. No property shall display a banner more than four times
in any calendar year.
C.
Temporary signs shall be located on the same property as the sponsoring
business or organization.