(a)

Conformance with regulations required: No building or land shall hereafter be used, and no building or part thereof shall be erected, reconstructed, converted, enlarged, moved, or structurally altered unless in conformity with the regulations as set forth in this chapter.

(b)

Location on a lot required: Every building hereafter erected, reconstructed, converted, moved, or structurally altered shall be located on a lot of record and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this chapter.

(c)

Street frontage required: No lot shall be used in whole or in part for dwelling purposes unless such lot abuts upon a street in accordance with the minimum street frontage requirements of this chapter. No lot or parcel of land abutting the terminus of a public street shall be deemed to comply with street frontage requirements unless such lot abuts on an approved permanent cul-de-sac.

(d)

Encroachment: The minimum yards, height limits, parking space, open spaces, including lot area per family, required by this chapter for each building existing at the time of the passage of these regulations or for any building hereafter erected, shall not be encroached upon or considered as required yard or open space for any other building, except as hereinafter provided.

(e)

Reduction of lot area: No lot or parcel of land, with or without buildings at the time this chapter became effective, shall be subdivided, resubdivided, or reduced in any manner below the minimum lot width and lot area required by this chapter.

(f)

Accessory buildings: No accessory building shall be used for dwelling, except in accordance with the specific provisions of this chapter.

(g)

Uses not permitted are prohibited: For the purpose of this chapter, permitted uses are listed for the various districts. Unless the contrary is clear from the context of the lists or other regulations of this chapter, uses not specifically listed are prohibited.

(h)

Similar uses permitted: Notwithstanding the provisions of subsection (g) above, uses that are similar to and no more objectionable than listed permitted uses in a zoning district may be permitted by the zoning administrator upon a finding that such uses would not be injurious to or have an adverse effect on adjacent properties or areas. In approving any such use, the zoning administrator may place such conditions, restrictions and safeguards on the use as deemed necessary to ensure the health, safety and welfare of the general public.

(Ord. No. 12-1700-930[B], § 1, 5-15-12)

(a)

Purpose of the district: This district is intended to preserve the character of that portion of the city where agricultural and other low intensity uses predominate while preventing the untimely scattering of more intense urban uses which should be confined to areas planned for efficient extension of public services. To achieve this end, it is necessary to maintain a low density development pattern while excluding most commercial and industrial type uses.

(b)

Permitted uses: A building or land shall be used only for the following purposes:

(1)

Agriculture, including horticultural, chemical, or general farming, cultivation of field crops, orchards, groves or nurseries, dairy farming, and the raising and keeping of livestock, provided that the commercial slaughtering and processing of animals shall not be conducted on the premises.

(2)

Churches and other places of worship, but not including temporary revival tents.

(3)

Detached single-family dwellings.

(4)

Facilities and structures necessary for rendering utility service, including poles, wires, transformers, telephone booths, and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service.

(5)

Greenhouses or nurseries, commercial, retail, or wholesale.

(6)

Public and private forests, wildlife reservations, and similar conservation projects.

(7)

Residential human care facilities, as defined and regulated by section 15.1-486.2 of the Code of Virginia (1950), as amended.

(8)

Stable, public, commercial or private, provided that any buildings for keeping of animals shall be located at least two hundred (200) feet from any side or rear lot lines, and that there shall be housed on the premises no more than one (1) horse or pony for each acre of land.

(c)

Permitted accessory uses: Accessory uses customarily incidental to a permitted principal or conditional use on the same lot therewith, including:

(1)

Accessory farm buildings, including barns, stables, sheds, tool rooms, shops, bins, tanks, and silos.

(2)

Dog kennels, noncommercial, provided any open pens, runs, cages, or kennels or any place for keeping more than five (5) adult dogs shall be located at least one hundred (100) feet from any side or rear lot lines.

(3)

Domestic storage in a main building or in an accessory building.

(4)

Garage, private.

(5)

Guest house for nonpaying guests.

(6)

Home occupation in a main building. (See article VI for supplementary regulations.)

(7)

Roadside stands for the sale only of products produced on the same lot.

(8)

Storage of a boat less than thirty-two (32) feet in length, a farm tractor, a farm utility vehicle, a semitrailer, or a trailer (not a mobile home), but not in the front yard. (See article VI for supplementary regulations.)

(9)

Swimming pool and game courts for use of occupants or their guests, however, if lighted, illumination must be properly shielded from adjoining properties.

(10)

Signs, as regulated by article VI.

(11)

Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision, or for use as a sales or rental office for a real estate development or subdivision, provided that such buildings shall be removed upon completion or abandonment of such construction.

(12)

Accessory off-street parking and loading spaces.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Airports and landing fields, provided they shall comply with the regulations of the Federal Aviation Agency.

(2)

Camps, day or boarding, private or commercial.

(3)

Cemetery, including crematorium.

(4)

Convalescent homes, nursing homes, homes for the aged, hospitals, and sanitariums, but not animal hospitals.

(5)

Kennels, or animal boarding place, commercially operated.

(6)

Mobile homes, mobile home parks and subdivisions.

(7)

Nonaccessory tents for special purposes.

(8)

Private clubs, including commercially operated swimming or tennis clubs.

(9)

Public or governmental buildings and uses, including schools, fire and police stations, parks, playgrounds, and administrative buildings.

(10)

Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, and substations.

(11)

Recreational facility, commercially operated, such as fishing or boating lake, golf course, or race track.

(12)

Sanitary landfill, or trash collection site.

(e)

Area regulations: Every building or group of buildings shall be located on a lot having at least the area, width, and depth as prescribed below:

(f)

Yard requirements:

See article VI, section 31-30, "Special height and yard regulations."

(2)

Other structures: Same or as required in A-1 district regulations.

(g)

Height requirements:

(h)

Other applicable requirements:

(1)

Article VI: Supplementary Regulations.

(2)

Article VII: Site Plan Review Requirements.

(Ord. No. 11-1700-903, § 3, 5-24-11; Ord. No. 21-1700-1084, § 2, 10-5-21)

(a)

Purpose of the district: The intent of this district is to provide for medium density single-family development. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, and to promote and encourage a suitable environment for family life. To these ends, development is limited to a medium concentration and permitted uses are restricted basically to providing homes for the residents. Certain additional uses, such as schools, parks, churches, and certain public facilities that serve the residents of the district are made conditional on review of the governing body to ensure compatibility.

(b)

Permitted uses: A building or land shall be used only for the following purposes:

(1)

Detached single-family dwellings.

(2)

Residential human care facilities, as defined and regulated by of the Code of Virginia, as amended.

(3)

Facilities and structures necessary for rendering utility service, including poles, wires, transformers, telephone booths, and the like for normal electrical power distribution or communication service, and pipelines or conduits for electrical, gas, sewer, or water service.

(4)

Public or private forests, wildlife reservations, and similar conservation projects.

(c)

Permitted accessory uses: Accessory uses customarily incidental to a permitted principal or conditional use on the same lot therewith, including:

(1)

Domestic storage in main building or in an accessory building.

(2)

Garage, private.

(3)

Reserved.

(4)

Home occupations in a main building. (See article VI for supplementary regulations.)

(5)

Permitted vehicles, as limited by subsection 31-32(b).

(6)

Swimming pool and game courts for use of occupants or their guests, however, if lighted, illumination must be properly shielded from adjoining properties.

(7)

Signs, as regulated by article VI.

(8)

Temporary buildings, the uses of which are incidental to construction operations during development being conducted on the same or adjoining tract or subdivision or for use as a sales or rental office for a real estate development or subdivision, provided that such buildings shall be removed upon completion or abandonment of such construction.

(9)

Accessory off-street parking and loading spaces.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Cemetery.

(2)

Churches and other places of worship, but not including temporary revival tents.

(3)

Clinic or medical office building.

(4)

Institutions, educational or philanthropic, including museums, art galleries, and libraries.

(5)

Kennels (private), for the keeping of animals by the occupant of the property, of a noncommercial nature.

(6)

Nursery schools, child care centers, kindergartens and family day homes serving six (6) to twelve (12) children.

(7)

Public or governmental buildings and uses, including schools, fire and police stations, parks, playgrounds, and administrative buildings.

(8)

Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, and substations.

(9)

Swimming or tennis club, private, noncommercially operated.

(e)

Area regulations: Every building or group of buildings shall be located on a lot having at least the area and width as prescribed below:

(f)

Yard requirements:

See Article VI, section 31-30, "Special height and yard regulations."

(g)

Height requirements:

(h)

Special regulations for second story additions:

(1)

Notwithstanding the yard requirements listed in subsection (f) above, a second story addition to an existing dwelling may encroach into any minimum required yard, provided that the addition does not extend beyond any exterior wall of the existing dwelling.

(2)

For purposes of this subsection (h), the existing dwelling does not include any front porch, stoop, stairs, carport, or other accessory structure attached to the dwelling.

(i)

Other applicable requirements:

(1)

Article VI: Supplementary Regulations.

(2)

Article VII: Site Plan Review Requirements.

(Ord. No. 83-1700-216, Exh. A, § 1, 4-5-83; Ord. No. 83-1700-226, 10-18-83; Ord. No. 88-1700-376, 5-17-88; Ord. No. 06-1700-818A, 12-12-06; Ord. No. 11-1700-903, § 4, 5-24-11; Ord. No. 18-1700-1024, § 1, 12-4-18; Ord. No. 21-1700-1084, § 3, 10-5-21)

(a)

Purpose of the District: The intent of this district is to encourage variety in housing types and provide for residential densities appropriate for apartment or townhouse developments in areas suitably located for such use due to the availability of public water and sewerage facilities and the area's locational aspects with respect to major roads, shopping facilities, and places of employment. Uses such as schools, parks, churches, and certain public facilities that serve the residents of the district are made conditional on review of the governing body to ensure compatibility.

(b)

Permitted uses: A building or land shall be used only for the following purposes:

(1)

Any use permitted in the R-1 district, excluding detached single-family dwellings and residential human care facilities.

(2)

Two-family dwellings.

(3)

Townhouses.

(4)

Multiple-family dwellings.

(c)

Permitted accessory uses: Accessory uses customarily incidental to a permitted principal or conditional use on the same lot therewith, including:

(1)

Domestic storage in main building or in an attached accessory building.

(2)

Attached private garage or carport.

(3)

Home occupations in a main building of a townhouse only. (See article VI for supplementary regulations.)

(4)

Permitted vehicles, as limited by subsection 31-32(b).

(5)

Swimming pools, recreational and athletic facilities, community buildings and other similar and related improvements for the common use of occupants of the development and their guests.

(6)

Signs, as regulated by article VI.

(7)

Temporary buildings, the use of which are incidental to construction operations during development being conducted on the same or adjoining tract, provided that such buildings shall be removed upon completion or abandonment of such construction.

(8)

Accessory off-street parking and loading spaces.

(9)

An office located in a main building for administration of a multiple-family development containing ten (10) or more dwelling units.

(10)

A laundry room for use of occupants of a multiple-family dwelling development.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Business or professional office buildings.

(2)

Churches and other places of worship.

(3)

Clinic or medical office buildings.

(4)

Hospitals and sanitariums, but not animal hospitals.

(5)

Institutions, educational or philanthropic, including museums, art galleries, and libraries.

(6)

Nursery schools, child care centers, kindergartens and family day homes serving six (6) to twelve (12) children.

(7)

Public or governmental buildings and uses, including schools, fire and police stations, parks, playgrounds, and administrative buildings.

(8)

Public utilities or public service uses, buildings, generating or treatment plants, pumping or regulator stations, and substations.

(e)

Area regulations: Every building or group of buildings shall be located on a lot having at least the area, density, and width as prescribed below:

See subsection (i) below for special regulations on townhouses.

(f)

Yard requirements:

See article VI, section 31-30, "Special height and yard regulations."

(g)

Height requirements:

(h)

Common areas: All lands in common open space, not a part of individual lots, and all private streets, driveways, uses, facilities, and buildings or portions thereof as may be provided for the common use, benefit, and/or enjoyment of the occupants of the development shall be maintained by and be the sole responsibility of the developer-owner of the development until such time as the developer-owner provides for and establishes a nonprofit organization or other legal entity under the laws of Virginia composed of all persons having ownership within the development, such organization being responsible for the perpetuation, maintenance, and function of all common lands, uses and facilities.

(i)

Special regulations for townhouses:

(1)

The dwelling units and individual lots of a townhouse development may be sold separately if separate utility systems are provided and if separate lots for all dwelling units in a building are created at the same time and in conformance with the subdivision ordinance. ^[2]

(2)

For the purpose of the side yard regulations, a townhouse building shall be considered as one building on one lot with side yards required for end units only. Lot width for end units shall be adequate to provide required front and side yards.

(3)

No detached garage or carport or other detached unscreened accessory building shall be permitted on a lot occupied by a townhouse.

(4)

There shall be no more than ten (10) townhouse dwelling units continuously connected.

(5)

The facades of dwelling units in a townhouse development shall be varied by changed front yards of not less than three (3) feet and variation in materials or design so that no more than three (3) abutting units will have the same front yard depth and the same or essentially the same architectural treatment of facades and roof lines.

(6)

A site plan complying with the requirements of this chapter shall accompany an application for approval of a townhouse development.

(j)

Other applicable requirements:

(1)

Article VI: Supplementary Regulations.

(2)

Article VII: Site Plan Review Requirements.

(Ord. No. 83-1700-216, Ex. A, § 3, 4-5-83; Ord. No. 83-1700-225, 10-18-83; Ord. No. 01-1700-652, § 1, 2-6-01; Ord. No. 11-1700-903, § 5, 5-24-11; Ord. No. 21-1700-1084, § 4, 10-5-21)

(a)

Purpose of the district: The intent of this district is to permit greater flexibility and, thus, more creative and imaginative design for the development of residential and/or commercial areas than generally is possible under the rigid area and bulk restrictions characteristic of conventional zoning regulations. It is further intended to promote more economical and efficient use of the land while encouraging variety in housing choices and accessory commercial uses, a higher level of urban amenities, and the preservation of natural scenic qualities of open spaces.

(b)

Permitted uses: A building or land shall be used only for the following purposes:

(1)

Outside the City Center Redevelopment District:

a.

Any use permitted in the R-1 Single-Family Residential zoning district.

b.

Any use permitted in the R-2 Multiple-Family Residential zoning district.

c.

Any use permitted in the B-2 General Business zoning district.

(2)

Within the City Center Redevelopment District:

a.

Any use permitted in the R-2 Multiple-Family Residential zoning district, provided that the residential component of any development cannot comprise more than seventy-five (75) percent of the development's total floor area unless a waiver has been approved in accordance with section 31-33.2.

b.

Any use permitted in the B-2 General Business zoning district, except automobile and truck tire sales and service, boat and boat trailer sales and storage, greenhouses, and funeral homes.

c.

Any use permitted in the PF Public Facilities zoning district, except fleet storage facilities.

d.

Inns and bed and breakfast establishments.

e.

Technology businesses.

(c)

Permitted accessory uses: Any accessory use permitted in the R-1 Single-Family Residential District, the R-2 Multiple-Family Residential District, the B-1 Neighborhood Business District, or the B-2 General Business District.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Except for a satellite wagering facility, any conditional use listed as permitted in the R-1 Single-Family Residential District, the R-2 Multiple-Family Residential District, the B-1, Neighborhood Business District, or the B-2 General Business District.

(2)

Recreation facility, indoor.

(e)

Area regulations: The minimum area for a Planned Unit Development District shall be five (5) acres.

(f)

Density of development: No minimum lot size or maximum density restrictions are placed on developments within the Planned Unit Development District. This flexibility is offered to encourage innovative site designs that are in accord with the district's intent of promoting efficient use of land, variety in housing choices, higher level of amenities, and preservation of open space and natural features. However, the planning commission and the city council reserve the right to reduce the proposed density on a particular parcel when it has been determined that such reduction is warranted by conditions specifically applicable to the parcel or the plan of development, such as topography, the character of the surrounding property, potential health or safety hazards, inconvenient or unsafe access to the parcel, traffic generation characteristics excessive for adjoining streets, the development's inconsistency with existing and proposed public facilities, or any other adverse impact that can be alleviated through a reduction in density.

(g)

Coverage: Maximum coverage permitted of all impervious surfaces, including buildings, structures, roads, streets, and parking areas, in any Planned Unit Development District shall not exceed seventy (70) percent of the total gross area of the development. Areas used for swimming pools, bathhouses, tennis courts, and other outside recreational space that is improved with a hard surface shall not be counted as covered area.

(h)

Common areas: Common areas, including only common open space, parking area, and screening, shall be maintained by, and be the sole responsibility of the developer/owner of the planned unit development until such time as the developer/owner conveys such common area to a nonprofit corporation, organized and operated under the laws of Virginia. The developer/owner shall present, along with the site plan, copies of the articles of incorporation of such corporation, its by-laws and an adequately financed plan with effectuating agreements and covenants acceptable to the city assuring the development and continued maintenance of the nonpublic areas.

(i)

Utilities: All utilities shall be installed underground, except control instrumentation and substations which must be effectively screened.

(j)

Height: The maximum height of any building or structure in a Planned Unit Development District shall be fifty-eight (58) feet, except for those uses and structures specifically exempted in article VI.

(k)

Procedures for application:

(1)

The establishment of a Planned Unit Development District requires a change in the zoning district classification of the property and an amendment to the official zoning map in order to register the change. An application for rezoning property and amending the official zoning map shall be made in accordance with the provisions of article X.

(2)

Reserved.

(3)

To permit coordination of Planned Unit Development District Regulations with the regulations of the city subdivision ordinance, plats complying with such ordinance, shall be submitted with the application for rezoning. Review of the subdivision plat and the site plan shall be conducted simultaneously in one review process.

(4)

The planning commission and city council shall consider the application for rezoning, the site plan, and applicable subdivision plats and hold necessary public hearings thereon in accordance with the standards set forth in article X. Following the recommendations of the planning commission, the city council shall approve, approve with modifications, or disapprove the site plan, applicable subdivision plats, and application for rezoning. In approving the site plan and subdivision plats, the council may establish such conditions and may require such modifications as shall assure compliance with the standards and regulations of this chapter and the subdivision ordinance. ^[3]

(5)

In the event that a site plan shall be disapproved by the city council, the application for rezoning shall be deemed to be denied. In the event that a site plan shall be approved with modifications by the city council, the council may continue the public hearing on the rezoning application to a date certain in order to permit the applicant to modify the site plan in accordance with such modifications.

(6)

Approval of the application for rezoning, the site plan, and applicable subdivision plats shall constitute authority for the applicant to prepare final subdivision plats, if applicable, in accordance with the subdivision ordinance. ^[4] No building permit shall be issued nor subdivision plat recorded until a final subdivision plat shall have been approved by city council.

(7)

The site plan shall be for the entire project, unless the project is staged, in which case the site plan for the first state shall be submitted. A site plan for a particular development stage other than the first shall not be approved until the site plan has been approved for the immediately preceding stage. Minor deviations from the site plan shall be permitted in the site plan in accordance with the regulations set forth in article VII.

(l)

Other applicable requirements:

(1)

Article VI: Supplementary Regulations.

(2)

Article VII: Site Plan Review Requirements.

(3)

The subdivision ordinance.*

(m)

Final development plan approval:

(1)

The granting of a rezoning application to a PUD district, and the approval of its accompanying schematic plan to the city council, shall constitute authority for the applicant to prepare a final development plan; however, a final development plan may be filed with and included in the processing of the rezoning application and land use plan. All final development plans shall be prepared in accordance with the approved schematic land use plan, any conditions as may have been adopted by the city council and the provisions of subsection 31-17(n) below. If a site plan for the entire property is approved at the time of rezoning no final development plan shall be required for any site plan phase submitted with the initial rezoning application.

(2)

A final development plan may be prepared and submitted for the entire planned development at one time or for sections of the planned development, and each such plan shall be submitted to the zoning administrator.

(3)

Upon determination by the zoning administrator that the content of the final development plan is complete in accordance with the requirements of subsection 31-17 (n) below, the plan shall be submitted for comment and review to appropriate city departments and agencies. Upon completion of such administrative review, the plan shall be submitted to the planning commission.

(4)

The planning commission shall hold a public hearing on the final development plan no later than three (3) months from the date the zoning administrator determined that such plan was complete in accordance with the requirements of subsection 31-17 (n) below. The commission shall consider the final development plan in accordance with the approved conceptual development plan, and shall determine if said plan does comply with the applicable zoning district regulations. Upon the determination that the final development plan is in accordance and does comply, the planning commission shall approve or approve with modifications, the final development plans.

(5)

In reviewing a final development plan, the planning commission and city council may establish such conditions and may require such modifications as will assure compliance with the standards and regulations of the subject district, and with the approved conceptual development plan. Further, the planning commission may recommend to the city council the waiver of any zoning and subdivision requirements otherwise applicable to the development where it is found that such waiver would be in conformance with said standards and regulations.

(6)

In the event that the planning commission finds that the final development plan is not in accordance with the approved schematic land use plan, or does not comply with the applicable zoning district regulations, it shall recommend the disapproval of the final development plan and forward such recommendation to the city council.

(7)

The city council shall hold a public hearing on the final development plan and shall approve, approve with modifications, or disapprove the final development plan. In approving the final development plan, the city council may establish such conditions and may require such modifications as will assure compliance with the standards and regulations of the subject district, and with the approved schematic land use plan. Zoning and subdivision requirements otherwise applicable to the development may be waived by the city council where it finds that such waiver would be in conformance with said standards and regulations.

(8)

In the event that the city council shall uphold a recommendation of the planning commission to disapprove the final development plan, such action shall be cause for the applicant to prepare a revised development plan.

(9)

Once a final development plan has been approved, and there is cause for amendment of the same, such amendment shall be processed as follows:

a.

Upon a determination by the zoning administrator that the amendment will result in a final development plan which is still in accordance with the approved plan, then such amendment shall be processed in accordance with the provisions of this section.

b.

Upon a determination by the zoning administrator that the amendment will cause the final development plan to be not in accordance with the approved schematic land use plan, then an amendment to the plan shall be required and a new application shall be filed in accordance with section 31-52 of the zoning ordinance. The amendment to the final development plan shall also be the subject of review by the planning commission in accordance with the provisions of this section.

c.

The zoning administrator may waive any submission requirement if such requirement is not necessary for an adequate review of the final development plan amendment application.

d.

An amendment may be filed by an owner of individual property.

(n)

Final development plan: A final development plan prepared in accordance with the approved schematic land use plan shall be filed with the zoning administrator, including any resubmission of the plan and supporting graphics. All maps, plans, sketches and illustrations submitted as part of a final development plan shall be presented on a sheet having a maximum size of twenty-four (24) feet by thirty-six (36) feet. If presented on more than one (1) sheet, match lines shall clearly indicate where the several sheets join. One (1) eight and one-half (8½) inch by eleven (11) inch reduction of the final development plan and supporting graphics shall also be submitted. All submission requirements shall become the property of the city. Such plan shall contain the following information:

(1)

A final plan, at a scale of not less than one inch equals one hundred feet (one (1) inch = one hundred (100) feet), showing:

a.

A vicinity map at a scale of not less than one inch equals two thousand feet (one (1) inch = two thousand (2,000) feet).

b.

Bearings and distances of the perimeter property lines.

c.

Total areas of property presented in square feet or acres.

d.

Scale and north arrow, with north, to the extent feasible, oriented to the top of all drawings.

e.

Names and route numbers of boundary streets and the width of existing right(s)-of-way. Any proposed improvements to the public right(s)-of-way and delineation of the existing centerline of all streets abutting the property, including dimensions from the existing centerline to the edge of the pavement and to the edge of the right-of-way.

f.

Existing topography and a statement indicating whether it is air survey or field run, with a maximum contour interval of two (2) feet.

g.

The location and arrangement of all proposed uses, including a preliminary subdivision plan, if subdivision is proposed.

h.

For other than single-family dwellings, the maximum height in feet, to include penthouses, of all buildings, and the number of floors both above and below or partially below finished grade.

i.

The distances of all structures from the development boundaries and streets.

j.

The traffic circulation systems and the pedestrian circulation system, including the location and width of all streets, driveways, entrances to parking areas and parking structures, walkways, bicycle paths and/or bridle paths, and all trails required by the adopted comprehensive plan.

k.

The off-street parking and loading areas and structures.

l.

The open space areas, specifying the proposed treatment or improvement of all such areas and delineating those areas proposed for specific types of developed recreational facilities.

m.

A landscape plan showing the limits of clearing, location and design of all screening measures, indicating the type and height of such screening, and a delineation of existing vegetation, to include existing vegetation to be preserved.

n.

Approximate delineation of any grave, object or structure marking a burial site if known, and a statement indicating how the proposed development will impact the burial site.

o.

A plan or statement showing how public utilities are, or will be, provided.

p.

Approximate location and estimated size of all proposed stormwater management facilities, a preliminary storm drainage plan, including information with respect to the type of facilities proposed and the adequacy of downstream drainage improvements.

q.

The location of all existing utility easements having a width of twenty-five (25) feet or more.

r.

Approximate delineation of any floodplain designated by the Federal Insurance Administration, United States Geological Survey, or the city, and the approximate delineation of any environmental quality corridor as defined in the adopted comprehensive plan, and, if applicable, the distance of any existing and proposed structures from the floodplain or environmental quality corridor.

s.

When the development is to be constructed in sections, a final sequence of development schedule showing the order of construction of such sections, and an approximate completion date for the construction of each section.

(2)

A final statement in tabular form which sets forth the following data, when such data is applicable to a given development plan:

a.

Total number of dwelling units by type.

b.

Residential density in units per acre.

c.

Total floor area and floor area ratio for each type of use, except residential uses.

d.

Total area in open space.

e.

Total area in developed recreational open space.

f.

Total number of off-street parking and loading spaces provided and the number required by the provisions of the Code.

g.

Amount of density or floor area applied for under the onus provisions, and the calculations supporting the specific development provisions giving rise to such bonus application.

(3)

For the residential component of an application, five (5) copies of a map identifying classification of soil types at a scale of not less than one inch equals five hundred feet (one (1) inch = five hundred (500) feet).

(4)

Architectural sketches, if available, of typical proposed structures, including lighting fixtures and signs.

(5)

A listing, if known, of all hazardous or toxic substances as set forth in Title 40, Code of Federal Regulations Parts 116.2, 302.4 and 355; all hazardous waste as set forth in Commonwealth of Virginia/Department of Waste Management VR672-10-1—Virginia Hazardous Waste Management Regulations; and/or petroleum products as defined in Title 40, Code of Federal Regulations Part 280; to be generated, utilized, stored, treated, and/or disposed of on site and the size and contents of any existing or proposed storage tanks or containers.

(6)

A statement that the proposed development conforms to the provisions of all applicable ordinances, regulations and adopted standards, or, if any waiver, exception or variance is sought by the applicant, such shall be specifically noted with the justification for such modification.

(7)

When a final development plan is not submitted in conjunction with a schematic land use plan, a notarized affidavit as to conflict of interest, which affidavit shall be sworn to under oath before a notary public, stating whether or not any member of the Manassas Park City Council, the planning commission, or any elected or appointed official has an interest in such property either individually, by ownership of stock in a corporation owning such land, or partnership, or as a holder of ten (10) percent or more of the outstanding shares of stock in, or as a director or officer of any corporation owning such land, directly or indirectly, or by any such member or members of his or her immediate household.

The sheet size and scale of a final development plan may be modified by the zoning administrator, based on the nature and/or size of the application.

(Ord. No. 91-1700-443A, 6-4-91; Ord. No. 01-1700-651, § 1, 2-20-01; Ord. No. 03-1700-733, § 1, 12-23-03; Ord. No. 04-1700-767, § 3, 10-19-04; Ord. No. 11-1700-903, § 6, 5-24-11; Ord. No. 19-1700-1042, § 1, 12-17-19; Ord. No. 23-1700-1118, § 2, 7-18-23)

(a)

Purpose of the district: The purpose of this district is to encourage the creation of a vibrant and economically dynamic downtown, with compatible development of office, commercial and multi-family residential land uses in a diverse manner that emphasize pedestrian circulation and a higher quality of life. Development within this district shall be based on well-designed master plans that integrate creativity, innovation, functionality, and flexibility. It is further the intent of this district to accommodate development that will benefit the city both with positive net revenues and through the creation of unique and attractive areas that serve to project a positive image of the city.

(b)

Permitted uses: Development within this district may contain a mix of multi-family residential, office, and commercial land uses; provided, however, that the residential component of any development cannot comprise more than seventy-five (75) percent of the development's total floor area unless a waiver has been approved in accordance with section 31-33.2. A building or land shall be used only for the following uses:

(1)

Amusement centers.

(2)

Bakery or catering businesses.

(3)

Banks, drive-in or otherwise, so long as driveway space shall be provided off the street for all vehicles waiting for drive-in service.

(4)

Barbershops or beauty parlors.

(5)

Dry-cleaning or pressing pickup stations or shops occupying not more than three thousand (3,000) square feet of floor area.

(6)

Governmental structures, including but not limited to government offices, maintenance facilities, and public safety facilities.

(7)

Hospitals; specialized medical care facilities.

(8)

Hotels.

(9)

Libraries and museums.

(10)

Movie theaters, excluding drive-in theaters.

(11)

Multiple-family dwellings.

(12)

Offices, general business or professional.

(13)

Printing and photostatting offices.

(14)

Public parks and open space.

(15)

Recreation facilities, indoor.

(16)

Restaurants without a drive-through.

(17)

Stores or shops for the conduct of retail business, including the sale of accessories, antiques, appliances, beverages, carpets, clothing, drugs, fabrics, food, furniture, garden supplies, groceries, hardware, hobby supplies, office supplies, paint, pet shops, sporting goods, stationery, and similar stores such as florist shops; but not including adult book stores, adult mini motion picture theatres, or massage parlors.

(18)

Studios for artists, photographers, teachers, sculptors, or musicians.

(19)

Technology businesses.

(20)

Transportation facilities, including but not limited to parking garages and parking lots.

(c)

Permitted accessory uses:

(1)

Accessory uses customarily incidental to a permitted use on the same lot, including permitted vehicles, as limited by subsection 31-32(b).

(2)

Live entertainment, either indoor or outdoor, that is ancillary to a restaurant and comprises no more than twenty percent (20%) of the seating area.

(3)

Outdoor seating that is ancillary to a restaurant.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Arenas.

(2)

Banquet halls.

(3)

Live entertainment as a principal use or that comprises more than twenty percent (20%) of a restaurant's seating area.

(4)

Night clubs and dance halls.

(5)

Nursery schools, childcare centers, and kindergartens.

(6)

Private clubs.

(7)

Religious institutions.

(8)

Satellite wagering facilities.

(e)

Area regulations: The minimum site area required for all downtown mixed-use rezoning applications is four (4) contiguous acres, unless a parcel proposed for the downtown mixed-use district is adjacent to a parcel already zoned to the downtown mixed-use district, in which case no minimum acreage requirement would apply. For the purposes of meeting the minimum acreage requirement in this subsection, a parcel will be considered to be adjacent to an existing downtown mixed-use parcel if the two (2) parcels are separated only by publicly-owned right-of-way.

(f)

Density of development: No minimum lot size or maximum density restrictions are placed on developments within the downtown mixed-use district. This flexibility is offered to encourage innovative site designs that are in accord with the district's intent of promoting efficient use of the land, pedestrian accessibility, variety in housing choices, higher level of amenities, and preservation of open space and natural features. However, the planning commission and the governing body reserve the right to reduce the proposed density on a particular parcel when it has been determined that such reduction is warranted by conditions specifically applicable to the parcel or the plan of development, such as topography, the character of the surrounding property, potential health or safety hazards, inconvenient or unsafe access to the parcel, traffic generation characteristics excessive for adjoining streets, the development's inconsistency with existing and proposed public facilities, or any other adverse impact that can be alleviated through a reduction in density.

(g)

Coverage: Maximum coverage permitted of all impervious surfaces, including buildings, structures, roads, streets, and parking areas, in any downtown mixed-use district shall not exceed seventy-five (75) percent of the total gross area of the development. Areas used for swimming pools, bathhouses, tennis courts, and other hard surface recreational uses shall not be counted as covered area.

(h)

Utilities: All utilities shall be installed underground, except control instrumentation and substations, which must be effectively screened.

(i)

Yard requirements:

(j)

Common areas: If common areas are provided, including common open space, parking area, and screening, then they shall be maintained by and be the sole responsibility of the developer/owner of the development until such time as the developer/owner conveys such common area to a nonprofit corporation, organized and operated under the laws of Virginia. The developer/owner shall present, along with the site plan, copies of the articles of incorporation of such corporation, its bylaws and an adequately financed plan with effectuating agreements and covenants acceptable to the city assuring the development and continued maintenance of the nonpublic areas. The city may choose to accept ownership of any common area, if such area is offered by the owner, and thereby become responsible for maintenance of the area.

(k)

Height requirements: With the exception of uses permitted in the PF Public facilities district, all construction must have a minimum height of forty (40) feet.

(l)

Screening: All private trash receptacles must be located and/or screened so they are not visible from a public street. Loading docks and garage doors for commercial businesses must be located so they are not visible from a public street.

(m)

Signage: The signage regulations contained in section 31-29 apply to the uses in the downtown mixed-use district based on the type of use with the following exceptions:

(1)

No pole type signs are permitted. All freestanding signs must be monument signs and incorporate a solid base.

(2)

The maximum height of a freestanding sign is twelve (12) feet.

(3)

The maximum size of a sign face is fifty (50) square feet.

(4)

Only one (1) freestanding sign is permitted for each parcel or lot.

(5)

Wall signs shall be limited in size to one and one-half (1½) square feet of sign area per lineal front foot of building.

(n)

Master planning: Every development proposed within the downtown mixed-use district shall meet the requirements of the master planning section of this title.

(1)

The applicant shall be required to submit a master development plan which must be reviewed by the planning commission and approved by the governing body as part of the rezoning request. The master development plan shall consist of both a concept plan which shows the location and distribution of land uses and related facilities and a development plan which deals with site specific issues.

(2)

The purpose of the master development plan is to:

a.

Assure that the proposed development is considered as a whole and conforms to the comprehensive plan and the requirements of this title. The master plan may serve to allow flexibility of uses and development standards. Any other reviews needed for the development review process, such as conditional uses, plan amendments or zone changes may be considered at the same time as the master plan; and,

b.

Assure that phased development is properly coordinated.

(o)

Components of a master development plan: The applicant must submit a master plan with the following components. The review body may modify the proposal, especially those portions dealing with development standards and review procedures. The greater the level of detail in the plan, the less need for extensive reviews of subsequent phases. Conversely, the more general the details, the greater the level of review that will be required for subsequent phases.

(1)

Boundaries of the site. The master plan must show the current and potential future boundaries of the site for the duration of the master plan.

(2)

General statement. The master plan must include a narrative that addresses a description in general terms of the use and site as well as expansion plans for the duration of the master plan.

(3)

Uses and functions. The master plan must include a description of present uses, affiliated uses, proposed uses and potential future uses. The description must include information about the general amount and type of functions of the use, the hours of operation and the approximate number of members, employees, visitors and special events. For projects which include residential units, proposed minimum and maximum floor areas and densities, number of units and building heights must be indicated. For office/commercial projects or mixed-use, minimum and maximum floor area ratios must be indicated.

(4)

Site plan. The master plan must include a site plan, showing, at the appropriate level of detail, buildings and other structures, existing mature trees and landscaping, the pedestrian and vehicle circulation system, parking areas, open areas, and other required items. This information must cover the following:

a.

All existing improvements that will remain after development of the proposed use(s);

b.

All improvements planned in conjunction with the proposed use(s);

c.

Conceptual plans for potential future uses; and,

d.

General locations of usable open space, any land proposed to be dedicated for open space, pedestrian and transit connection between the site and public or private streets serving the development and connecting to off-site open space, internal circulation (both auto and pedestrian), and location of proposed gates and fencing.

e.

A summary table that lists all uses and their actual area coverage and their percentage of the site.

The site plan may either be submitted at the same time as the master plan or following approval of the rezoning to the downtown mixed-use district. No permits connected to the development of the subject land, including grading and building permits, will be issued until the site plan has been approved.

(5)

Covenants. The applicant may propose development standards in the form of covenants that will control development of the future uses that are in addition to the requirements of this title. These may be such things as height limits, setbacks, frontage, FAR limits, landscaping requirements, parking requirements, signage, view corridors or facade treatment. The city may require the recording of covenants for any project and must be a partner to all such covenants. The covenants, and any changes thereto, will require approval of the city. In addition, the covenants must include provisions for enforcement by the city. The covenants must be recorded by the developer.

(6)

Phasing of development. The master plan must include the proposed development phases, probable sequence of future phases, estimated dates and interim uses of the property awaiting development. In addition, the plan should address any proposed temporary uses or locations of uses during construction periods.

(7)

Transportation and parking. The master plan shall include information on the following items for each phase.

a.

Projected transportation impacts. This includes the expected number of trips (peak and daily), an analysis of the impact of those trips on the adjacent street system, and the proposed mitigation measures to limit any projected negative impacts.

b.

Proposed parking impacts. This information includes the projected peak-hour parking demand and an analysis of this demand compared to proposed on-site and off-site parking supply. If off-site parking is proposed, evidence of a shared-parking agreement or easement must be presented. For new on-site parking, justification must be provided if a parking lot is proposed instead of a parking garage.

(8)

Procedures.

a.

Master plan pre-application meetings are required with the planning director prior to commencing a conceptual master plan.

b.

Site plan review pre-application conferences are required prior to submission of a site plan review request, in addition to the master plan pre-application meeting. Site plan review conferences are required for each phase of development, based on specific development/building plans.

c.

Minor modifications, additions, or changes to an approved master plan shall be reviewed and a determination made by the planning director or his designee to permit the changes with no formal review.

d.

Major modifications, additions, or changes to an approved master plan shall be subject to the original review procedures, including the fees in effect at the time of the change request application.

e.

Projects approved as part of a master plan do not require an additional public hearing on a project-specific basis so long as the original master plan is followed.

(Ord. No. 01-1700-662, § 1, 4-17-01; Ord. No. 04-1700-770, § 1, 11-11-04; Ord. No. 05-1700-789, § 1, 11-15-05; Ord. No. 06-1700-818B, 12-12-06; Ord. No. 06-1700-818C, 12-12-06; Ord. No. 06-1700-818D, 12-12-06; Ord. No. 11-1700-903, § 7, 5-24-11; Ord. No. 12-1700-916, § 1, 1-24-12; Ord. No. 19-1700-1042, § 2, 12-17-19; Ord. No. 21-1700-1084, § 5, 10-5-21; Ord. No. 23-1700-1118, § 3, 7-18-23)

(a)

Purpose of the district. The intent of this district is to provide for the appropriate location and development of public uses that serve the cultural, governmental, educational, recreational and public service needs of the community. These uses are recognized as being both necessary and convenient. It is further intended that, to the extent possible, the location of these uses be accomplished so as to ensure compatibility with surrounding uses. For the purposes of this section, the terms "government", "governmental" and "public" refer to federal, state, county and city governments, their departments and subdivisions, as well as public utilities, and to lands, facilities and structures owned, operated and/or maintained by any such entity.

(b)

Permitted uses. A building or land shall be used only for the following purposes:

(1)

Governmental structures, including but not limited to government offices, maintenance facilities and public safety facilities;

(2)

Public educational structures and facilities;

(3)

Libraries, auditoriums and museums operated by a governmental agency or a nonprofit organization;

(4)

Athletic facilities, concert venues and other forms of public entertainment operated by a governmental agency or a nonprofit organization;

(5)

Public parks and recreational facilities;

(6)

Protected historical areas and structures;

(7)

Transportation facilities, including but not limited to parking garages, parking lots and fleet storage facilities, owned by either a governmental agency or a public agency;

(8)

Structures and facilities owned, operated and maintained by a public utility company that has a franchise agreement with the city;

(9)

Stormwater control and management facilities that are owned, operated and/or maintained by a governmental agency;

(10)

Water and sanitary sewer facilities that are owned, operated and/or maintained by a governmental agency or a public agency, including wells, water towers and sanitary sewer and water pumping stations;

(11)

Undeveloped land owned by a governmental agency, public school district, transportation agency or public utility.

(c)

Conditional uses. The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Publicly-owned or subsidized recycling and solid waste collection facilities;

(2)

Freestanding antennae for wireless communication services.

(d)

Permitted accessory uses.

(1)

Accessory buildings, structures and uses customarily incidental to a permitted use;

(2)

Antennae for wireless communication services located on one (1) or more permitted structures and/or facilities. Provided, however, that any antenna located on a protected historical structure must be adequately concealed so as not to diminish from the structure's historic character.

(e)

Landscaping. If the screening described in paragraph 31-33(j)(3) is required, the area around the screening will be appropriately landscaped so as to mitigate the visual impact of the screening fence. The planning director shall determine the level of landscaping required for such mitigation.

(Ord. No. 03-1700-724, § 2, 9-2-03; Ord. No. 09-1700-864, § 2, 2-17-09; Ord. No. 11-1700-903, § 8, 5-24-11)

(a)

Purpose of the district: This district provides primarily for retail shopping and personal services uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. The range, size, hours of operation, lighting, signs, and other developmental aspects of permitted uses will be limited in order to enhance the general character of the district and its compatibility with its residential surroundings.

(b)

Permitted uses: A building or land shall be used only for the following purposes:

(1)

Any use permitted in the R-1 Single-Family Residential District, except dwellings and residential human care facilities.

(2)

Banks, drive-in or otherwise, so long as driveway space shall be provided off the street for all vehicles waiting for drive-in service.

(3)

Bakeries occupying not more than three thousand (3,000) square feet of floor area and provided all products produced on the premises shall be sold at retail on the premises.

(4)

Barbershops or beauty parlors.

(5)

Bicycle shops, sales and repair; but limited to labor intensive vehicles.

(6)

Catering or delicatessen business.

(7)

Dry-cleaning or pressing pickup stations or shops occupying not more than three thousand (3,000) square feet of floor area.

(8)

Florist shops.

(9)

Laundromats or self-service dry cleaning establishments.

(10)

Reserved.

(11)

Offices, general business or professional.

(12)

Pet shop or dog beauty parlor, provided that any work rooms, cages, pens or kennels shall be maintained within a completely enclosed, soundproof building.

(13)

Private club, lodge, or meeting hall.

(14)

Restaurants, without drive-through windows, dancing, or entertainment, except as provided for in subsection 31-18(d).

(15)

Shoe repair shops occupying not more than three thousand (3,000) square feet of floor area.

(16)

Shops for the sale, service, or repair of home appliances, office machines, electrical, television and radio equipment occupying not more than three thousand (3,000) square feet of floor area.

(17)

Stores or shops for the conduct of retail business, including the sale of accessories, antiques, appliances, beverages, carpets, clothing, drugs, fabrics, food, furniture, garden supplies, groceries, hardware, hobby supplies, office supplies, paint, sporting goods, stationery, and similar stores, but not including adult book stores or adult mini motion picture theatres, or massage parlors. No shop may occupy more than eight thousand (8,000) square feet of floor area.

(18)

Studios for artists, photographers, teachers, sculptors, or musicians.

(c)

Permitted accessory uses:

(1)

Accessory uses customarily incidental to a permitted use on the same lot.

(2)

Outdoor seating that is ancillary to a restaurant.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Nightclubs and restaurants providing live entertainment, including dance halls.

(2)

Nursery schools, child care centers, and kindergartens.

(e)

Area regulations: There are no minimum lot size requirements except as may be required to meet sanitary standards.

(f)

Yard requirements:

*Side and rear yards required only if adjacent to a residential district. See article VI, section 31-30, "Special height and yard regulation."

(g)

Height requirements:

(h)

Other applicable requirements:

(1)

Article VI: Supplementary Regulations.

(2)

Article VII: Site Plan Review Requirements.

(3)

Hours of operation: Permitted uses may remain open for business twenty-four (24) hours per day subject to the following conditions:

(i)

Building storefronts shall be aligned to face away from adjacent residential properties to minimize adverse effects of noise, storefront lighting, displays, etc., and other activities related to commercial business operations.

(ii)

Structures within this district existing at the adoption of this condition may be eligible for consideration for twenty-four-hour operation by providing adequate screening and buffering to satisfy the intent to minimize the adverse effects, for example, noise, artificial light intrusion, etc., of commercial business operation upon adjacent residential property.

(Ord. No. 81-1000-183, 11-4-81; Ord. No. 86-1700-343, 9-16-86; Ord. No. 93-1700-497, §§ 2, 3, 12-21-93; Ord. No. 06-1700-818E, 12-12-06; Ord. No. 11-1700-903, § 9, 5-24-11; Ord. No. 23-1700-1118, § 4, 7-18-23)

(a)

Purpose of the district: The intent of this district is to provide sufficient space in suitable locations for a wide variety of commercial, automotive, and miscellaneous service uses, generally serving a wide area and located particularly along primary highway arteries where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy truck activity, open storage of materials, or the nuisance factors of dust, odor, and noise associated with manufacturing.

(b)

Permitted uses: A building or land shall be used only for the following purposes:

(1)

Any use permitted in the B-1 Neighborhood Business District.

(2)

Amusement centers.

(3)

Automobile and truck tire sales and service, provided no tire recapping is done on the premises.

(4)

Bakeries.

(5)

Boat and boat trailer sales and storage.

(6)

Funeral home.

(7)

Green houses, commercial, wholesale or retail.

(8)

Hospitals for human care.

(9)

Hotels, motels, or motor lodges.

(10)

Loan or credit offices.

(11)

Restaurants without drive-through windows, dancing, or entertainment, except as provided for in subsection 31-19(d)).

(12)

Service establishments, such as linen or laundry service, dry cleaning, furniture refinishing and repair, including upholstering, (but not furniture manufacture) plumbing, heating, and electrical shops, painting, interior decorating shops, printing and photostatting offices, appliance repair, and other general service and repair establishments provided that no outside storage of material is permitted except as provided in this section.

(13)

Stores or shops for the conduct of retail business, including sale of accessories, antiques, appliances, beverages, carpets, clothing, drugs, fabrics, farm supplies, food, furniture, garden supplies, groceries, glass, hardware, hobby supplies, office supplies, paint, sporting goods, stationary, and similar stores.

(14)

Wholesale establishments with not more than five thousand (5,000) square feet of accessory storage per establishment.

(c)

Permitted accessory uses:

(1)

Storage of office supplies or merchandise normally carried in stock in connection with a permitted office, business, or commercial use subject to applicable district regulations.

(2)

Outdoor seating that is ancillary to a restaurant.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

A business or commercial building greater in height than forty-five (45) feet.

(2)

Adult bookstores and adult mini motion picture theatres; however, no two (2) such uses shall be permitted within one thousand (1,000) feet of each other and no such use shall be permitted within five hundred (500) feet of any residential district, school, church or library.

(3)

Animal hospital or kennel.

(4)

Billiard parlor or pool hall.

(5)

Dancing establishments and dance halls.

(6)

Drive-in theaters.

(7)

Warehouses with up to fifteen thousand (15,000) square feet of floor area.

(8)

Nightclubs and restaurants providing live entertainment, including dance halls.

(9)

Restaurants with drive-through windows.

(10)

Automotive and truck, new and secondhand previously owned sales, rental, lease, service and repair.

(11)

Automobile service stations, garages, and filling stations, so long as bulk storage of inflammable liquids is underground.

(12)

A satellite wagering facility as defined in section 31-6 of this chapter.

(13)

Car wash, manned.

(14)

Nursery schools, childcare centers, and kindergartens.

(e)

Area regulations: There are no minimum lot size requirements except as may be required to meet sanitary standards.

(f)

Yard requirements:

*Side and rear yards required only if adjacent to a residential district. See article VI, section 31-30, "Special height and yard regulations."

(g)

Height requirements:

(h)

Other applicable requirements:

(1)

Article VI: Supplementary Regulations.

(2)

Article VII: Site Plan Review Requirements.

(Ord. No. 93-1700-497, §§ 4, 5, 12-2-93; Ord. No. 04-1700-742, § 1, 3-16-04; Ord. No. 04-1700-767, § 2, 10-19-04; Ord. No. 06-1700-812, §§ a, b, 9-19-06; Ord. No. 06-1700-815, 9-19-06; Ord. No. 06-1700-816, § 2, 9-19-06; Ord. No. 11-1700-903, § 10, 5-24-11; Ord. No. 23-1700-1118, § 5, 7-18-23)

Editor's note— Ord. No. 06-1700-818F, adopted Dec. 12, 2006, added subsection 31-19(d)(13) to the Code. Inasmuch as said subsection already existed, the new material has been redesignated as (d)(14) at the editor's discretion.

(a)

Purpose of the district: The purpose of this district is to create a visually appealing, diversified gateway business area along the Route 28 corridor in the city, with compatible development of office and commercial land uses that emphasize pedestrian and vehicle friendly businesses that draw both local customers and those from the larger metropolitan area. Development within this district shall be geared toward diversifying the city's tax base and creating a positive, welcoming image for the city.

(b)

Permitted uses: Development within this district may contain a mix of office and commercial land uses. A building or land shall be used only for the following uses:

(1)

All permitted uses in the B-2 General business district, except automobile and truck tire sales and service, boat and boat trailer sales and storage, green houses and funeral homes.

(2)

All permitted uses in the PF Public facilities district, except fleet storage facilities.

(c)

Permitted accessory uses:

(1)

Accessory uses customarily incidental to a permitted use on the same lot.

(2)

Outdoor seating that is ancillary to a restaurant.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

A business or commercial building greater in height than forty-five (45) feet.

(2)

New automobile sales.

(3)

New boat and boat trailer sales.

(4)

New motorcycle sales.

(5)

Drive-in restaurant.

(e)

Utilities: All utilities shall be installed underground, except control instrumentation and substations, which must be effectively screened.

(f)

Area regulations: The minimum lot size for the district shall be five (5) acres.

(g)

Yard requirements:

* Side and rear yards required only if adjacent to a residential district.

(h)

Height requirements: The maximum height without a conditional use permit shall be forty-five (45) feet.

(i)

Screening: All private trash receptacles must be located and/or screened so they are not visible from a public street. Loading docks and garage doors for commercial businesses must be located so they are not visible from a public street.

(j)

Signage: The signage regulations contained in section 31-29 apply to the uses in the gateway business district based on the type of use with the following exceptions:

(1)

No pole type signs are permitted. All freestanding signs must be monument signs and incorporate a solid base.

(2)

The maximum height of a freestanding sign is twelve (12) feet, except as otherwise provided in subsection 31-29(f)(4)c.

(3)

The maximum size of a sign face is fifty (50) square feet.

(4)

Only one (1) freestanding sign is permitted for each parcel or lot, except as otherwise provided in subsection 31-29(f)(4)c.

(5)

Wall signs shall be limited in size to one (1) square foot of sign area per lineal front foot of building.

(Ord. No. 12-1700-916, § 1, 1-24-12; Ord. No. 23-1700-1118, § 6, 7-18-23)

(a)

Purpose of the district: The intent of this district is to promote employment opportunities and enhance the city's tax base through the development of research and development centers, light industrial manufacturing, warehousing, and related office and institutional uses, with retail and service uses limited to support for primary permitted uses. Uses shall not be dangerous or offensive due to odor, dust, fire, explosion, or other reasons, or use equipment and/or processes that are not likely to produce objectionable noise, vibration, explosion, fire, smoke, or other effect. In addition, no use shall be permitted that involves the processing of raw material for shipment in bulk form to be used in an industrial operation at another location.

(b)

Permitted uses: A building or land shall be used only for the following uses:

(1)

Ambulance services, commercial

(2)

Artist's or photographer's studio, commercial.

(3)

Assembly (non-HAZMAT).

(4)

Bakery, industrial.

(5)

Building materials sales yard, including the sale of rock, sand, gravel, and similar materials, as incidental to the principal business, but not including junk storage for extractive activities.

(6)

Carpet, rug and garment cleaning and dyeing.

(7)

Computer and data processing center.

(8)

Contractor's equipment storage yard or plant, including rental of equipment commonly used for contractors.

(9)

Dry-cleaning garment processing plant.

(10)

Gunsmith shop.

(11)

Janitorial service.

(12)

Laboratory, research, experimental or testing.

(13)

Laboratory, medical or dental.

(14)

Laboratory, photographic processing

(15)

Locksmith shop.

(16)

Manufacturing, compounding, assembling, or treatment of articles of merchandise from the following previously prepared materials: bone, canvas, cellophane, cloth, cork, feathers, felt, fur, glass, hair, horn, leather, paper, plastics, precious or semi-precious stones, metals, shell, straw, textiles, tobacco, wax, wire, wood, yarns, and paint.

(17)

Manufacturing and maintenance of electric and neon signs; sheet metal products, including HVAC equipment; cornices; eaves; and similar products.

(18)

Manufacturing, compounding, processing, packaging, or treatment of such products as baked goods, candy, food products, dairy products, and meat and poultry products; toiletries, cosmetics, drugs, perfumes, and pharmaceuticals (non-HAZMAT); and beverage blending or bottling; but not including the distilling of beverages, the slaughter of poultry or animals, and the refining of fats and oils.

(19)

Office.

(20)

Packaging, telecommunications or courier service.

(21)

Publishing and printing.

(22)

Public utilities, including buildings, necessary structures, storage yards and other related uses.

(23)

Radio or television broadcasting station.

(24)

Recording studio.

(25)

Research and development (non-HAZMAT).

(26)

School, business.

(27)

School, trade, technical or vocational.

(28)

Self-storage centers, subject to provisions of section 31-33.3.

(29)

Warehouse and wholesale establishment (non-HAZMAT).

(c)

Permitted accessory uses: Accessory uses customarily incidental to a permitted use on the same lot, including:

(1)

Specialized equipment repair related to or compatible with the uses permitted by right in this district.

(2)

Storage or sale of goods or materials used in or produced by uses permitted by right in this district, subject to applicable ordinance regulations.

(3)

Retail activities and services that support the uses permitted by right in this district, provided that any such activities are by their nature accessory to the permitted uses in this district.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

Assembly, repairing, rebuilding, reconditioning, performing body and fender work, and painting automobiles, tractors, trucks, buses, and motorcycles, and repairing and retreading tires for the same.

(2)

Range, shooting, indoor.

(3)

Arena.

(4)

Taxi or limousine operations and service.

(5)

Recycling center.

(6)

Waste transfer station.

(7)

Recreation facility, indoor.

(8)

Recreation facility, outdoor.

(e)

Prohibited use: Notwithstanding anything to the contrary in this section, salvage, scrap or vehicle storage yards (auto graveyards) are not permitted within the City of Manassas Park.

(f)

Utilities: All utilities shall be installed underground, except control instrumentation and substations, which must be effectively screened.

(g)

Area regulations: There are no minimum lot size requirements except as may be required to meet sanitary standards. However, buildings or groups of buildings with the accessory buildings may cover up to, but shall not exceed, seventy (70) percent of the area of the lot, provided that adequate provisions are made for all common property resources, including storm drainage. A minimum of twenty (20) percent of the lot area must be landscaped.

(h)

Yard requirements:

* Side yards required only if adjacent to a residential use.

** The rear setback shall be increased to fifty feet (50′) for any industrial land use adjacent to a residential land use.

(i)

Height requirements: The maximum height shall be sixty feet (60′).

(j)

Screening: All private trash receptacles must be located and/or screened so they are not visible from a public street. Loading docks and garage doors for commercial businesses must be located so they are not visible from a public street.

(k)

Use limitations: Manufacturing and repair business shall be conducted within enclosed building; ancillary activities may be conducted but must be screened from public view.

(l)

Other applicable requirements.

(1)

Article VI. Supplementary regulations.

(2)

[Article VII]. Site plan review requirements.

(Ord. No. 85-1700-269, 2-6-85; Ord. No. 93-1700-497, §§ 4, 5, 12-2-93; Ord. No. 03-1700-699, 1-3-03; Ord. No. 07-1700-841, §§ 1, 2, 11-2-07; Ord. No. 11-1700-903, § 11, 5-24-11; Ord. No. 12-1700-922, § 1, 4-3-12; Ord. No. 20-1700-1047, § 2, 3-4-20; Ord. No. 23-1700-1118, § 7, 7-18-23)

(a)

Purpose of the district: The intent of this district is encourage the development of compatible industrial, commercial and office uses. Development within this district shall be geared toward diversifying the city's tax base and creating a positive image for the city.

(b)

Permitted uses: Development within this district may contain a mix of office, commercial and light industrial land uses. A building or land shall be used only for the following uses:

(1)

All permitted uses in the PF Public facilities district, except fleet storage facilities.

(2)

All permitted uses in the B-2 General business district, except amusement places or theaters, automobile and truck tire sales and service, boat and boat trailer sales and storage, and funeral homes.

(3)

Defense production businesses.

(4)

Technology businesses.

(5)

Research and development, excluding laboratories where animals or livestock are used for research.

(6)

The manufacturing, assembling, compounding, processing, packaging, treatment, storage or distribution of products from materials, where such use is not likely to be dangerous or offensive because of odor, dust, fire, explosion, or other reasons, or uses equipment and/or processes that are not likely to produce objectionable noise, vibration, explosion, fire, smoke, or other effect.

(c)

Permitted accessory uses: Accessory uses customarily incidental to a permitted use on the same lot, for which the combined area may constitute up to twenty-five (25) percent of the total gross floor area of the principal use, including:

(1)

Specialized retail supply and equipment repair related to or compatible with the uses permitted by right in this district.

(2)

Retail activities and refreshment areas as a part of any of the uses permitted by right in this district, provided that any such activities are by their nature accessory to the permitted uses in this district.

(d)

Conditional uses: The following uses may be permitted as conditional uses if approved by the governing body in accordance with the procedures, guides, and standards of section 31-54.1:

(1)

A business or commercial building greater in height than sixty (60) feet.

(2)

New automobile sales.

(3)

New boat and boat trailer sales.

(4)

New motorcycle sales.

(5)

Arena.

(6)

Recreation facility, indoor.

(7)

Recreation facility, outdoor.

(e)

Utilities: All utilities shall be installed underground, except control instrumentation and substations, which must be effectively screened.

(f)

Area regulations: The minimum lot size for the district shall be two (2) acres.

(g)

Yard requirements:

* Side and rear yards required only if adjacent to a residential use.

(h)

Height requirements: The maximum height without a conditional use permit shall be sixty (60) feet.

(i)

Screening: All private trash receptacles must be located and/or screened so they are not visible from a public street. Loading docks and garage doors for commercial businesses must be located so they are not visible from a public street.

(Ord. No. 12-1700-916, § 1, 1-24-12; Ord. No. 23-1700-1118, § 8, 7-18-23)

(a)

Statement of intent: The purpose of these districts is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone areas to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying lands and structures which are unsuited for intended purposes because of flood hazards.

(b)

Basis of districts:

(1)

The various floodplain districts shall include areas subject to inundation by waters of the one hundred-year flood. The basis for the delineation of these districts shall be the flood insurance study for Prince William County, Virginia and incorporated areas, including the City of Manassas Park, prepared by the Federal Emergency Management Agency Federal Insurance Administration, dated March 11, 1978.

(2)

The floodway District is delineated for purposes of this chapter using the criteria that a certain area within the floodplain must be capable of carrying the waters of the one hundred-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. These areas included in this district are specifically defined in Table No. 9 of the above referenced flood insurance study and shown on the accompanying flood boundary and floodway map or flood insurance rate map.

(3)

The floodway-fringe district shall be that area of the one hundred-year floodplain not included in the floodway district. The basis for the outermost boundary of this district shall be the one hundred-year flood elevations contained in the flood profiles of the above referenced flood insurance study and as shown on the accompanying flood boundary and floodway map or flood insurance rate map.

(4)

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a one hundred-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the flood insurance study. For these areas, the one hundred-year flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one hundred-year flood elevation cannot be determined for this area using other sources of data such as the U.S. Corps of Engineers floodplain information reports, the U.S. Geological Survey floodprone quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this elevation in accordance with hydrologic and hydraulic engineering techniques. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the city.

(5)

The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

(6)

Where there happens to be any conflict between the provisions or requirements of any of the floodplain districts and those of any underlying district the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

(7)

In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislation or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(c)

Official zoning map:

(1)

The boundaries of the floodplain districts are established as shown on the flood boundary and floodway map and the flood insurance rate map which are declared to be a part of this chapter and which shall be kept on file at the office of the zoning administrator.

(2)

The delineation of any of the floodplain districts may be revised by the city council where natural or manmade changes have occurred and/or more detailed studies conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency or individual documents the need or possibility for such change. However, prior to any such change, approval must be obtained from the Federal Insurance Administration.

(d)

Interpretation of district boundaries: Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning administrator. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence, if he so desires.

(e)

Floodplain districts generally:

(1)

Permit requirement. All uses, activities, and development occurring within any floodplain district shall be undertaken only upon approval of the required site plan and/or building permit. Such development shall be undertaken only in strict compliance with the provisions of this article and with all other applicable codes and ordinances, such as the Uniform Statewide Building Code and the City of Manassas Park subdivision ordinance. ^[5] Prior to the approval of a required site plan, and/or building permit, the zoning administrator shall require all applications to include compliance with all applicable state and federal laws.

(2)

Interference with floodways. Under no circumstances shall any use, activity, and/or development adversely affect the capacity of the channels or floodways of any watercourse, drainage ditch, or any other drainage facility or system.

(3)

Alteration or relocation of watercourse. Prior to any proposed alteration of any channels, or of any watercourse, stream, etc., within this jurisdiction; a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available for any of these organizations). Furthermore, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Department of Conservation and Recreation (Division of Soil and Water Conservation) and the Federal Insurance Administration.

(4)

Filling or grading in floodplains prohibited. No filling or grading, either temporary or permanent, shall be allowed within any areas (floodplains) inundated by the one hundred-year frequency flood, unless it can be demonstrated, through detailed engineering analysis that such filling or grading will have no effect on the one hundred-year frequency flood level or that satisfactory channel improvements will be made to compensate for the filling or grading such that the one hundred-year frequency flood level is not changed.

(5)

Drainage facilities. Storm drainage facilities shall be designed to convey the flow of stormwater runoff in a safe and efficient manner. The system shall insure proper drainage along streets, and provide positive drainage away from buildings. The system shall also be designed to prevent the discharge of excess runoff onto adjacent properties.

(6)

Site plans and permit applications. All applications for development in the floodplain district and all building permits issued for the floodplain shall incorporate the following information:

a.

For structures to be elevated, the elevation of the lowest floor (including basement).

b.

For structures to be floodproofed (nonresidential only), the elevation to which the structure will be floodproofed.

c.

The elevation of the one hundred-year flood.

d.

Topographic information showing existing and proposed ground elevations.

(7)

Recreational vehicles. Recreational vehicles placed on sites shall either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use; ^[6] or

b.

Meet the permit requirements for placement and the elevation and anchoring requirements for manufactured homes as contained in the Virginia Uniform Statewide Building Code.

(8)

Definitions.

a.

Base flood/one-hundred year flood. A flood, that, on the average, is likely to occur once every one hundred (100) years (i.e., that has a one (1) percent chance of occurring each year, although the flood may occur in any year).

b.

Base Flood Elevation (BFE). The Federal Emergency Management Agency designated one hundred-year water surface elevation, plus one (1) foot.

c.

Basement. Any area of the building having its flood subgrade (below ground level) on all sides.

d.

Board of zoning appeals. The board appointed to review appeals made by individuals with regard to decisions of the Zoning Administrator in the interpretation of his section.

e.

Development. Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

f.

Floodplain. Any land area susceptible to being inundated by water from any source.

g.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.

h.

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management.

i.

Lowest flood. The lowest floor of the lowest enclosed area (including basement).

j.

Recreational vehicle. A vehicle which is:

1.

Built on single chassis;

2.

Four hundred (400) square feet or less when measured at the largest horizontal projection;

3.

Designed to be self-propelled or permanently towable by a light duty truck;

4.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

k.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

l.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term included structures which have incurred substantial damage regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

(f)

FW Floodway district: The Floodway District (FW) is delineated for the purpose of this article in subsection (b) of this section, "Basis of districts."

(g)

Same—Use regulations: In floodway districts:

(1)

No development shall be permitted except where the effect of such development on flood heights is fully offset by accompanying improvements which have been approved by all appropriate local and/or state authorities as required above.

(2)

No encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in the one hundred-year flood elevation.

(h)

Same—Permitted uses: In the floodway district, the following uses and activities are permitted, provided that they are in compliance with the provisions of the underlying district and are not prohibited by any other ordinance and provided that they do not require structures, fill, or storage of materials and equipment:

(1)

Agricultural uses, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting.

(2)

Public and private recreational uses and activities, such as parks, day camps, picnic grounds, golf courses, boat launching, and swimming areas, hiking, and horseback riding trails, wildlife and nature preserves.

(3)

Accessory residential uses, such as yard areas, gardens, play areas, and pervious parking areas.

(4)

Accessory industrial and commercial uses, such as yard areas, pervious parking and loading areas, airport land strips, etc.

(i)

Same—Uses permitted by special exception: The following uses and activities may be permitted by special exception granted by the board of zoning appeals, provided that they are in compliance with the provisions of the underlying district and are not prohibited by this chapter or any other ordinance:

(1)

Structures, except for mobile homes, accessory to the uses and activities in (h) above.

(2)

Utilities and public facilities and improvements, such as railroads, streets, bridges, transmission lines, pipe lines, water and sewage treatment plants, and other similar or related uses.

(3)

Water-related uses and activities, such as marinas, docks, wharves, piers, etc.

(4)

Temporary uses, such as circuses, carnivals, and similar activities.

(5)

Storage of materials and equipment, provided that they are not buoyant, flammable or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, and/or can be readily removed from the area within the time available after flood warning.

(6)

Other similar uses and activities provided they cause no increase in flood height and/or velocities. All uses, activities, and structural developments shall be undertaken in strict compliance with the floodproofing provisions contained in all other applicable codes and ordinances.

(j)

Same—Prohibited uses: In the floodway district, the following uses and activities are prohibited:

(1)

The placement of any manufactured home, within the floodway district is specifically prohibited.

(k)

FF Flood fringe and AF approximated floodplain districts: The Flood Fringe District (FF) and Approximated Floodplain District (AF), are delineated for the purposes of this article in subsection (b) of this section, "Basis of districts."

(l)

Same—Use regulations: Flood Fringe District and Approximated Floodplain Districts:

(1)

The development and/or use of land shall be permitted in accordance with the regulations of the underlying district provided that all such uses, activities, and/or development shall be undertaken in strict compliance with the floodproofing and related provisions contained in the Virginia Uniform Statewide Building Code and all other applicable codes and ordinances.

(2)

Within the Approximated Floodplain District, proposals for all new subdivisions, manufactured home parks/subdivisions (greater than fifty (50) lots or five (5) acres, whichever is lesser), shall include base flood elevation data. The applicant shall also delineate a floodway area based on the requirement that all existing and future development not increase the one hundred-year flood elevation more than one (1) foot at any one (1) point. The engineering principal, equal reduction of conveyance, shall be used to make the determination of increased flood heights.

(3)

Within the floodway area delineated by the applicant, the provisions of subsection (g) of this section "Use regulations" shall apply.

(m)

Same—Additional factors for special exceptions and variances: In the passing upon applications for special exceptions and variances, the board of zoning appeals shall consider all relevant factors and procedures specified in other sections of this chapter and the following factors:

(1)

Applications for a special exception or variance from the provisions of this article shall be made to the board of zoning appeals, under the provisions of article VII.

(2)

The board of zoning appeals, in passing upon applications for special exceptions and variances, shall consider, in addition to those factors specified in article VII, the following:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No special exception or variance shall be granted for any proposed use, development, or activity within the floodway district that will cause any increase in flood levels during the one hundred-year flood.

b.

The danger that materials may be swept on to other lands or downstream to the injury of others.

c.

The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contaminations, and unsanitary conditions.

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners.

e.

The importance of the services provided by the proposed facility to the community.

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations not subject to flooding for the proposed use.

h.

The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.

i.

The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.

j.

The safety of access to the property, in time of flood, of ordinary and emergency vehicles.

k.

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site.

l.

Such other factors which are relevant to the purposes of this chapter.

(3)

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

(4)

Special exceptions and/or variances shall only be issued after the board of zoning appeals has determined that the granting of such will not result in:

a.

Unacceptable or prohibited increases in flood heights;

b.

Additional threats to public safety;

c.

Extraordinary public expense;

d.

Create nuisances;

e.

Cause fraud or victimization of the public; or

f.

Conflict with local laws or ordinances.

(5)

Special exceptions and/or variances shall only be issued after the board of zoning appeals has determined that the special exceptions and/or variance will be the minimum reliefs to any hardship.

(6)

The board of zoning appeals shall notify the applicant for a special exception and/or variance, in writing, that the issuance of a special exception and/or variance to construct a structure below the one hundred-year flood elevation increases the risks to life and property, and will result in increased premium rates for flood insurance.

(7)

A record of the above notification as well as all variance actions, including justification for their issuance, shall be maintained and any variances which are issued shall be noted in the annual report submitted to the federal insurance administrator.

(n)

Existing structures in floodplain districts: A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions may be continued subject to the following conditions:

(1)

Existing structures and/or uses located in any floodway district shall not be expanded or enlarged, unless the effect of the proposed expansion or enlargement on flood heights is fully offset by accompanying improvements.

(2)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain district to an extent or amount of less than fifty (50) percent of its market value, shall be elevated and/or flood proofed to the greatest extent possible.

(3)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use regardless of its location in a floodplain district to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with the provisions of the Virginia Uniform Statewide building Code. ^[7]

(4)

Uses or adjuncts thereof which are, or become, nuisances shall not be permitted to continue.

(o)

Municipal liability:

(1)

The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by manmade or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside the floodplain districts, or that land uses permitted within such districts, will be free from flooding or flood damages.

(2)

This chapter shall not create liability on the part of the City of Manassas Park or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

(Ord. No. 82-1700-192, 4-20-82)