The regulations contained in this article are exceptions to and qualify, supplement or modify, as the case may be, the regulations and requirements contained in Article IV of this chapter.

(Code 1993, § 32-600; Code 2004, § 114-600; Code 2015, § 30-600)

Except as provided in Sections 30-610.2 and 30-610.3, every building erected and every use established shall be located on a lot having frontage on an improved public street or access thereto by means of a recorded permanent easement, provided that such easement is approved by the Director of Public Works, the Chief of Police and the Chief of Fire and Emergency Services as to its suitability for all-weather travel by public and emergency vehicles and provided, further, that appropriate agreements or covenants approved by the City Attorney provide for continued maintenance thereof. For single-family detached development, no more than two lots which do not have public street frontage shall be served by any such easement unless the easement shall have been recorded prior to June 10, 1960.

(Code 1993, § 32-610.1; Code 2004, § 114-610.1; Code 2015, § 30-610.1)

Individual lots within an attached dwelling development may front on private streets or common courts where the development site considered in its entirety has frontage on a public street and when the means of access to each lot is approved by the Director of Public Works, the Chief of Police and the Chief of Fire and Emergency Services and when appropriate easements, agreements or covenants approved as to form by the City Attorney provide for permanent public access and continued maintenance.

(Code 1993, § 32-610.2; Code 2004, § 114-610.2; Code 2015, § 30-610.2)

A permitted accessory building, structure or use may be located on a lot or portion thereof having frontage only on an improved public alley, provided that:

(1)

Such lot is situated within the same entire block as the permitted principal use.

(2)

No yards shall be required for such accessory structure.

(3)

There shall be no maximum lot coverage requirement.

(4)

The accessory building or structure shall not exceed 12 feet in height.

(5)

The accessory building may not contain a dwelling or lodging unit or short-term rental.

(Code 1993, § 32-610.3; Code 2004, § 114-610.3; Code 2015, § 30-610.3; Ord. No. 2010-19-31, § 3, 2-22-2010; Ord. No. 2020-171, § 1(30-610.3), 9-28-2020)

(a)

Lot area and density. Minimum lot area and maximum density requirements set forth in this chapter for single-family dwellings shall not apply to lots legally recorded prior to the effective date of the ordinance from which such requirements are derived.

(b)

Lot and unit width. Minimum lot and unit width requirements set forth in this chapter for single-family and two-family dwellings shall not apply to lots legally recorded prior to the effective date of the ordinance from which such requirements are derived.

(c)

Side yards on lots of substandard widths. In any district except R-7, R-8 and R-63 districts, a single-family detached or two-family dwelling on a lot less than 50 feet in width legally recorded prior to the effective date of the ordinance from which such requirements are derived shall have a side or street side yard adjacent to each side lot line of not less than ten percent of the width of the lot, but in no case less than three feet. An addition to the area of a lot which increases the width of the lot shall be permitted and shall not be deemed to create a violation of a side yard requirement applicable to an existing building located on the lot.

(d)

Side yard for attached dwellings on lots of substandard width. In any district except R-7, R-8 and R-63 districts, a single-family or two-family attached dwelling at the end of a series of attached units and located on a lot less than 50 feet in width recorded prior to the effective date of the ordinance from which such requirements are derived shall have a side yard of not less than ten percent of the width of the lot, but in no case less than three feet.

(e)

Street side yard on lots of substandard widths. In any district except R-7, R-8, and R-63 districts, a single-family detached, attached, or two-family dwelling on a lot less than 50 feet in width along the principal street frontage legally recorded prior to the effective date of the ordinance from which such requirements are derived shall have a street side yard along any street frontage where a front yard is not required of not less ten percent of the width of the lot, but in no case less than three feet. An addition to the area of a lot which increases the width of the lot shall be permitted and shall not be deemed to create a violation of a side yard requirement applicable to an existing building located on the lot.

(Code 1993, § 32-620.1; Code 2004, § 114-620.1; Code 2015, § 30-620.1; Ord. No. 2010-18-30, § 5, 2-22-2010; Ord. No. 2020-171, § 1(30-620.1), 9-28-2020)

(a)

More than one main building containing a permitted use, other than a single-family dwelling, or a two-family dwelling in an R-5A, R-6, R-7 or R-8 district, may be erected on a lot, provided that the regulations applicable in the district are met.

(b)

A parsonage in a detached or attached building located on the same lot as a church or other place of worship shall be considered a permitted accessory use and shall not be prohibited as more than one main building on the lot.

(c)

In any multifamily residential or residential-office district, more than one two-family dwelling located on a lot or a two-family dwelling located on the same lot as a multifamily dwelling shall be considered a multifamily dwelling for purposes of applying district regulations.

(Code 1993, § 32-620.2; Code 2004, § 114-620.2; Code 2015, § 30-620.2; Ord. No. 2010-18-30, § 5, 2-22-2010; Ord. No. 2023-101, § 5, 4-24-2023)

Where lots of record existing at the effective date of the ordinance from which this chapter is derived are to be combined or divided to create not more than two new lots, and where the width of such lots cannot be increased by acquisition of additional abutting land by reason of applicable sections of this chapter or other chapters of this Code, the width of such lots may be reduced by not more than ten percent of the minimum lot width required in the district in which they are located.

(Code 1993, § 32-620.3; Code 2004, § 114-620.3; Code 2015, § 30-620.3)

Minimum lot area requirements set forth in this chapter for two-family dwellings shall not apply to the conversion of any lawful existing multifamily dwelling to a two-family dwelling.

(Code 1993, § 32-620.4; Code 2004, § 114-620.4; Code 2015, § 30-620.4)

A single lot of record, developed with two or more dwelling units existing on October 24, 2005, may be divided into two or more lots for purposes of establishing single-family detached, single-family attached, two-family or multifamily dwellings on individual lots, when the lots created by such division cannot meet applicable lot area, lot width, usable open space, lot coverage or yard requirements. Such division shall be permitted, provided that all of the following conditions are met:

(1)

The property subject to the division shall be located in a district where the dwellings on the lots created by the division are permitted principal uses.

(2)

All new lots shall comply with Section 30-610.1 regarding public street frontage and access to lots.

(3)

The division shall result in at least one main building being located on each lot, and lot area, lot width and yards shall be allocated to the newly created lots on a basis reasonably proportional to the buildings and uses contained on each lot as determined by the Zoning Administrator.

(4)

The division shall not result in the creation of any new vacant lot or additional dwelling units that would not have otherwise been permitted prior to the division.

(5)

Applicable requirements of the Virginia Uniform Statewide Building Code shall be met.

(6)

The division shall comply with the applicable requirements of Chapter 25 regarding the subdivision of land.

(Code 2004, § 114-620.5; Code 2015, § 30-620.5; Ord. No. 2005-248-236, § 1, 10-24-2005; Ord. No. 2012-74-84, § 2, 6-11-2012; Ord. No. 2023-101, § 5, 4-24-2023)

(a)

Except as provided in Section 30-620.1(c) and (d), on a corner lot in a zoning district where a front yard is required there shall be a front yard along at least one street frontage, and on a corner lot on which side yards are required there shall be a street side yard of not less than ten feet along all other street frontages, provided that:

(1)

There shall be a front yard along any street frontage adjacent to or across an alley from a side lot line of another lot located in any district in which a front yard is required. The depth of such yard shall be not less than the minimum required depth of the front yard on the adjacent lot.

(2)

There shall be a front yard along any street frontage opposite the architectural front of any dwelling use located on the lot.

(3)

In the R-6, R-7, and R-8 districts, no street side yard shall be required for single- or two-family dwellings.

(b)

Where only one front yard is required on a corner lot having frontage on two streets, a rear yard as required in the district shall be provided at the opposite end of the lot from the front yard. Where more than one front yard is required on a corner lot, yards other than those along street frontages shall be considered side yards, and no rear yard shall be required.

(c)

On through lots, there shall be a front yard as required in the district along each street frontage, and a rear yard as required in the district shall be provided at the opposite end of the lot from the front yard.

(d)

On through lots located in residential zoning districts with front yard maximums, the front yard maximum shall only be applicable to the principal street frontage.

(e)

On a corner lot in an R-63, UB-2, B-4, B-5, B-6, B-7 or RP district, no street side yard shall be required. On such lot, yards other than those along street frontages shall be considered side yards, and no rear yard shall be required.

(Code 1993, § 32-630.1; Code 2004, § 114-630.1; Code 2015, § 30-630.1; Ord. No. 2005-50-45, § 1, 4-25-2005; Ord. No. 2006-168-189, § 2, 7-10-2006; Ord. No. 2006-197-217, § 4, 7-24-2006; Ord. No. 2008-2-55, § 2, 3-24-2008; Ord. No. 2010-18-30, § 5, 2-22-2010; Ord. No. 2010-19-31, § 3, 2-22-2010; Ord. No. 2010-177-173, § 3, 10-11-2010; Ord. No. 2020-171, § 1(30-630.1), 9-28-2020; Ord. No. 2022-245, § 1, 9-26-2022)

(a)

Except in the R-8 district, a building or addition thereto erected within 100 feet of an existing main building adjacent on each side thereof shall have a front yard as required by the following:

(1)

On any lot on which a front yard is required and where one or both adjacent buildings have a nonconforming front yard, a building or addition thereto erected on such lot shall have a front yard with a minimum depth of not less than the average depth of the front yards of the adjacent buildings.

(2)

On any lot in an R or RO district where the adjacent buildings have front yards greater than or equal to that required by the district regulations, a building or addition thereto erected on such lot may project in front of an adjacent building not more than one foot for each four feet of distance between the newly erected building or addition and the adjacent building or may have a front yard with a minimum depth of not less than the average depth of the front yards of the adjacent buildings, whichever is the least restrictive. This subsection shall not be construed to permit a front yard less than the minimum required by the district regulations or to require a front yard greater than 100 feet in depth.

(b)

Except in the R-8 district, a building or addition thereto erected within 100 feet of an existing main building adjacent on only one side thereof shall have a front yard as required by the following:

(1)

On any lot on which a front yard is required and where the adjacent building has a front yard which is nonconforming or equal to that required by the district regulations, a building or addition thereto erected on such lot shall have a front yard with minimum depth of not less than the depth of the front yard of the adjacent building.

(2)

On any lot in an R or RO district where the adjacent building has a front yard greater than required by district regulations, a building or addition thereto erected on such lot may project in front of the adjacent building not more than one foot for each four feet of distance between the newly erected building or addition and the adjacent building. This subsection shall not be construed to permit a front yard less than the minimum required by the district regulations or to require a front yard greater than 100 feet in depth.

(Code 1993, § 32-630.2; Code 2004, § 114-630.2; Ord. No. 2010-18-30, § 5, 2-22-2010)

Where a block is located partly in an R or RO district and partly in a district in which no front yard is normally required, the minimum front yard on that part of the block within 100 feet of the R or RO district shall be the front yard required in the R or RO district or the existing front yard of the R or RO property adjacent to the district boundary, whichever is less.

(Code 1993, § 32-630.3; Code 2004, § 114-630.3; Code 2015, § 30-630.3)

Editor's note— Ord. No. 2007-338-2008-11, adopted January 14, 2008, repealed § 114-630.3:1, which pertained to yards applicable to swimming pools and derived from Code 1993, § 32-630.3:1, and which was reordained as Code 2004, § 114-630.5 by Ord. No. 2007-338-2008-11, adopted January 14, 2008.

In the case of single-family and two-family attached dwellings, no side yard shall be required along a lot line in common to two attached dwellings where, for purposes of providing setback variations among attached dwelling units, one dwelling is offset forward of or to the rear of the dwelling to which it is attached, provided that such offset does not exceed five feet at the front of the dwellings or ten feet at the rear of the dwellings, and provided further that applicable requirements of the Virginia Uniform Statewide Building Code are met.

(Code 2004, § 114-630.4; Code 2015, § 30-630.4; Ord. No. 2007-338-2008-11, § 3, 1-14-2008; Ord. No. 2020-171, § 1(30-630.4), 9-28-2020)

All yard requirements set forth in this chapter for accessory buildings or structures shall be applicable to in-ground and aboveground swimming pools.

(Code 2004, § 114-630.5; Code 2015, § 30-630.5; Ord. No. 2007-338-2008-11, § 3, 1-14-2008)

(a)

Sills, siding, belt courses, eaves, gutters, normal roof overhangs, chimneys, pilasters and similar architectural features may project into any required yard or court pursuant to this chapter. Bay windows elevated not less than 18 inches above the adjacent finished floor level may project not more than two feet into any required yard or court.

(b)

Fences and walls not exceeding 6½ feet in height may be located within any required side or rear yard or court. Fences and walls located within required front yards shall not exceed four feet in height, except that in the R-1 district they may not exceed 6½ feet. In the R-63 district, no fence or wall located within any front yard shall exceed four feet in height. An additional 1½ feet of height shall be permitted for posts, columns and gates for fences and walls in all districts. For purposes of this section, the height of a fence or wall shall be measured from the ground level at the base of the fence or wall.

(c)

Permitted signs and poles, posts and other customary yard ornaments and accessories may be located within any required yard or court.

(d)

Open or enclosed fire escapes and outside stairways required by law may project into required yards a distance of not more than four feet. Ramps providing means of ingress or egress required by law may project into required yards when such ramps cannot be located elsewhere in compliance with applicable yard and ingress or egress requirements.

(e)

Unenclosed porches, balconies and steps may project into required front yards a distance of not more than ten feet, except that in the R-8 district such projection shall not exceed five feet. The width of such projection shall not extend beyond the sidewalls of the portion of the main building to which it is attached or into an extension of the required side yards on the lot, whichever is greater.

(f)

Except in the R-7 and R-8 districts, an enclosed vestibule containing not more than 40 square feet in area may project into a required front yard a distance of not more than four feet.

(g)

Open balconies and uncovered porches may project into required side and rear yards and required courts a distance not to exceed 20 percent of the required width of such yard or court.

(h)

Except in the R-7 and R-8 districts, an unenclosed covered porch that projects into a required yard may be enclosed, provided that such porch was existing on April 25, 2005, and is attached to a single-family detached dwelling, except that when such porch is located on the architectural front of the dwelling, such enclosure shall not project more than ten feet into a required front yard and shall not contain more than 100 square feet of floor area may be enclosed for purposes of providing a vestibule or sheltered means of ingress to and egress from a dwelling, provided that such enclosed porch shall not be designed, equipped or arranged for habitable living space.

(i)

An unenclosed porch or deck attached to or abutting a dwelling use having a nonconforming side yard may project into the required side yard to an extent no greater than the abutting portion of the main building, provided that the depth of such porch or deck shall not exceed ten feet and provided, further, that such porch or deck shall not extend within six feet, as measured horizontally, of any window or door containing a window in a wall of a dwelling use on an adjacent lot.

(j)

Handrails and guardrails, not exceeding 42 inches in height, provided for decks, porches, balconies and stairs shall be exempt from all yard requirements and related height and encroachment limitations imposed by this chapter. Decks and porches may be attached to permitted fences and walls.

(k)

Building-mounted solar energy systems not exceeding 12 inches in height from the exterior of the surface of the roof may project into a required yard or court to an extent no greater than the existing roof structure.

(Code 1993, § 32-630.9; Code 2004, § 114-630.9; Code 2015, § 30-630.9; Ord. No. 2003-183-130, § 1, 5-27-2003; Ord. No. 2005-50-45, § 1, 4-25-2005; Ord. No. 2006-197-217, § 4, 7-24-2006; Ord. No. 2010-18-30, § 5, 2-22-2010; Ord. No. 2020-171, § 1(30-630.9), 9-28-2020)

No recreational vehicle shall be occupied for dwelling purposes except within an approved travel trailer park nor shall any recreational vehicle be parked or stored in a front yard or required side yard of any lot in an R or RO district.

(Code 1993, § 32-640.1; Code 2004, § 114-640.1; Code 2015, § 30-640.1)

No vehicle used for personal use that exceeds an empty weight of 6,500 pounds, semitrailer or commercial vehicle shall be parked or stored outside of a completely enclosed building on any lot in an R or RO district, except while loading or unloading. For the purposes of this section, a commercial vehicle is defined as a loaded or empty motor vehicle that exceeds an empty weight of 6,500 pounds, a trailer or a semitrailer, designed or regularly used for carrying freight, merchandise, or more than ten passengers, including buses, but not including vehicles used for vanpools. Empty weight shall be that which is identified as such for vehicle registration purposes by the State Department of Motor Vehicles. This section shall not apply to any loaded or empty motor vehicles designed or regularly used for carrying passengers, including buses, which are accessory to a public or private school; a place of worship; or a philanthropic, charitable or eleemosynary institution.

(Code 1993, § 32-640.2; Code 2004, § 114-640.2; Code 2015, § 30-640.2)

No manufactured home, whether occupied or unoccupied, shall be parked or stored on any lot except in an approved manufactured home park or manufactured home subdivision, provided that unoccupied manufactured homes may be offered for sale, stored, serviced, repaired or manufactured in business and industrial districts where such use of the premises is permitted by this chapter.

(Code 1993, § 32-640.3; Code 2004, § 114-640.3; Code 2015, § 30-640.3; Ord. No. 2004-180-167, § 1, 6-28-2004)

The height limitations set forth in this chapter shall not apply to chimneys, smokestacks, lightning rods, electric power line support structures, accessory antennas, steeples, cupolas, ornamental towers and spires, cooling towers, elevators, bulkheads and other necessary mechanical appurtenances, or to roof parapets and architectural embellishments not exceeding four feet in height. However, no sign, display or advertising device of any kind shall be erected to exceed the height limit in the district in which it is located nor shall such be painted on or attached to that portion of a chimney, smokestack, tower, roof parapet, architectural embellishment or other structure extending above the height limit prescribed for the district in which it is located. To the extent that any wireless communications facility, microwave relay facility, or radio and television broadcast antenna and support structure exceeds the height limitations of the district regulations, such additional height shall be permitted subject to compliance with the requirements of Division 11 of this article.

(Code 1993, § 32-650.1; Code 2004, § 114-650.1; Code 2015, § 30-650.1; Ord. No. 2006-331-2007-13, § 1, 1-8-2007)

The height of any public building may exceed the maximum height limit applicable in the zoning district in which such building is located, provided that required front, side and rear yards shall be increased in depth or width a minimum of one foot for each one foot of building height in excess of the height limit applicable in the district.

(Code 1993, § 32-650.2; Code 2004, § 114-650.2; Code 2015, § 30-650.2)

For purposes of application of height limits to parking decks and parking garages located in districts where height regulations are stated in terms of number of stories, the following shall apply:

(1)

Each covered parking level or tier shall be construed to be a story as defined in this chapter.

(2)

In a case where parking is the principal use occupying the structure, the maximum permitted number of stories may exceed by one story the height limit applicable to buildings in the district.

(3)

There shall be no required minimum or maximum story height, except as may be imposed by the Virginia Uniform Statewide Building Code.

(Code 2004, § 114-650.3; Code 2015, § 30-650.3; Ord. No. 2010-20-49, § 2, 3-8-2010)

Outdoor areas accessory to any use, except single-family and two-family dwellings located on individual lots, and used for the deposit and collection of trash or refuse shall be enclosed or screened with opaque structural or vegetative materials in such a manner as not to be visible from adjacent properties in an R, RO, HO, I or OS district or from any public street or other public space. Such enclosure or screening shall be designed so as to prevent trash or refuse from blowing onto other areas of the site or onto adjacent property or public streets or spaces (see Section 30-630.9(b)).

(Code 1993, § 32-660; Code 2004, § 114-660; Code 2015, § 30-660)

Facilities for the deposit and collection of trash or refuse shall not be located within any front or street side yard.

(Ord. No. 2020-171, § 7(30-660.1), 9-28-2020)

Outdoor lighting, when provided as accessory to any use, shall be located, directed or shielded so as not to shine directly on adjoining properties or to create a traffic hazard by means of glare or similarity to or confusion with traffic signals, warning lights or lighting on emergency vehicles.

(Code 1993, § 32-670; Code 2004, § 114-670; Code 2015, § 30-670)

(a)

In any zoning district except R-6, R-7 and R-8, a building accessory to a single-family or two-family dwelling and not exceeding 12 feet in height may be located within a required rear yard, but not within five feet of an alley, provided that where a rear yard abuts a side lot line of an adjoining lot, no such accessory building shall be located nearer such side lot line than a distance equal to the minimum side yard required on the adjoining lot.

(b)

In R-6, R-7, R-8, R-48, R-53 and R-63 districts, a building accessory to a single-family or two-family dwelling and not exceeding 12 feet in height may be located within a required rear yard and/or the portion of a required side yard situated within 30 feet of the rear lot line.

(c)

An accessory building not exceeding 12 feet in height may be located within a required side yard when attached to an accessory building on an adjacent lot by a common wall. Such accessory building shall be located not less than 15 feet behind that face of the main building which is nearest the street line.

(d)

An accessory building or structure may only be located in a front yard if located 100 feet or greater from the nearest street line.

(Code 1993, § 32-680.1; Code 2004, § 114-680.1; Code 2015, § 30-680.1; Ord. No. 2006-197-217, § 4, 7-24-2006; Ord. No. 2010-18-30, § 5, 2-22-2010; Ord. No. 2020-171, § 1(30-680.1), 9-28-2020)

No accessory building shall be used for dwelling purposes except as may be specifically authorized pursuant to this chapter.

(Code 1993, § 32-680.2; Code 2004, § 114-680.2; Code 2015, § 30-680.2)

No permanent accessory building shall be erected on a lot until the construction of the main building is commenced, and no permanent accessory building shall be used until the main building is completed and a certificate of occupancy for such building has been issued.

(Code 1993, § 32-680.3; Code 2004, § 114-680.3; Code 2015, § 30-680.3)

In addition to height limits set forth elsewhere in this division, no building accessory to a single-family or two-family dwelling shall exceed 20 feet in height, nor shall the building area of all accessory buildings on any lot devoted to single-family or two-family dwelling use exceed the building area of the main building on the lot.

(Code 1993, § 32-680.4; Code 2004, § 114-680.4; Code 2015, § 30-680.4)

Portable storage units as defined in Article XII of this chapter may be located on a lot in any district subject to the following conditions, provided that such conditions shall not be applicable in the M-2 district:

(1)

For periods of up to and including 15 consecutive days, a portable storage unit may be located on a lot without issuance of a certificate of zoning compliance only if the owner or occupant of the lot notifies the Zoning Administrator in writing of the delivery of the unit to the lot no later than the day of delivery of the unit to the lot.

(2)

For periods of greater than 15 consecutive days, a portable storage unit may be located on a lot only after issuance of a certificate of zoning compliance. A single certificate of zoning compliance may be approved for a portable storage unit to be located on one lot and subsequently moved to another lot in the City when the same owner or occupant owns or occupies both lots and the unit is for the use of such owner or occupant.

(3)

Portable storage units shall be located on a lot no more than a total of 25 days in any consecutive 12-month period for the same owner or occupant of the lot, provided that portable storage units being used by the owner or occupant in conjunction with construction, repair or renovation activity taking place on the lot shall not be subject to the 25-day limit; however, such units shall be removed immediately upon completion of the construction, repair or renovation activity.

(4)

No portable storage unit shall exceed 150 square feet in floor area, and no portable storage unit shall be greater than eight feet in height. More than one portable storage unit may be located on a lot at the same time, provided that the total floor area of all such units on the lot does not exceed 234 square feet.

(5)

Portable storage units that are subject to approval of a certificate of zoning compliance shall not be located within any required yard, provided that upon approval of the Zoning Administrator, such portable storage units may be located in a required yard at a location approved by the Zoning Administrator when the Zoning Administrator determines that no viable alternative location is available on the lot.

(6)

All portable storage units shall be in a condition free from rust, peeling paint and other visible forms of deterioration. Identification of the business owning a portable storage unit shall be permitted on such unit.

(7)

Inoperable or converted vehicles or trailers shall not be used for storage purposes, except that trailers may be used for storage purposes in industrial districts when all applicable district regulations are met.

(Code 2004, § 114-682.1; Code 2015, § 30-682.1; Ord. No. 2010-209-216, § 1, 12-13-2010)

Floor area bonuses as specified in this division and subject to the conditions and limitations set forth in this division may be added to the basic permitted floor area for buildings or portions thereof devoted to nondwelling uses.

(Code 1993, § 32-690; Code 2004, § 114-690; Code 2015, § 30-690)

Floor area bonuses shall be permitted for such development features, in such districts and to such extent as specified in the following table. Development features enabling floor area bonuses are more fully described in and limited by Section 30-690.2.

(Code 1993, § 32-690.1; Code 2004, § 114-690.1; Code 2015, § 30-690.1)

For the purposes of this division, the features for which a floor area bonus is permitted, as enumerated in Section 30-690.1, shall be defined as follows:

(1)

Pedestrian plaza means a plaza suitably improved for pedestrian use provided at ground level on the property and unobstructed from that level upward. Such plaza shall be accessible to the public and available for their use and shall abut a public pedestrian way or shall be connected directly therewith by an entrance of not less than ten feet in width. Each overall horizontal dimension of such plaza shall be not less than 20 feet. Not more than two-thirds of the area of such plaza may be devoted to planting areas, fountains and other features not generally accessible to pedestrians.

(2)

Building setback means the building setback, including sidewalk widening, a plaza, a landscaped area or an arcade provided at ground level on the property in addition to minimum required yards. Such area shall be provided adjacent to public streets and shall run not less than two-thirds the length of the building wall which it adjoins. Such area shall not be used for the parking or circulation of motor vehicles.

(3)

Arcade or open walkway means an arcade or improved open walkway with a minimum width of 15 feet and a minimum unobstructed height of ten feet running completely through a building or complex of buildings and providing a direct connection between public streets or pedestrian plazas and functioning as a logical pedestrian route from one street frontage or public pedestrian area to a major destination point such as a shopping area, parking garage or plaza. Such arcades or open walkways shall be accessible to the public during the business hours of the day and shall be readily identifiable from adjoining public sidewalks or plazas.

(4)

Improved roof area means a portion of the roof of a building open to the sky or enclosed on its sides, which area shall be accessible to the occupants of the building and suitably improved for their leisure time use. Such area may be developed for recreational purposes, roof gardens, sitting areas or outdoor restaurant facilities and shall be not less than 20 feet in each overall horizontal dimension.

(5)

Reduction in lot coverage means a reduction in the portion of a lot covered by buildings above a height of 35 feet, provided that the overall width or depth of a building is reduced by not less than 20 percent of the corresponding lot dimension. Such reduction in building dimensions shall be in addition to applicable yard requirements.

(6)

Enclosed parking means parking spaces provided within a main building and exclusively serving the occupants of such building.

(7)

Dwelling use means total floor area devoted to dwelling or lodging units which are not available for occupancy for periods of less than one week, when such area is located within a main building and above the first story of such building. Floor area eligible for such bonus shall be subject to the exclusions set forth in the definition of the term "floor area" in Section 30-1220.

(Code 1993, § 32-690.2; Code 2004, § 114-690.2; Code 2015, § 30-690.2)

Cross reference— Definitions generally, § 1-2.

(a)

For the purpose of determining applicable floor area bonuses, the development features specified in this division shall be mutually exclusive, in that no space credited for one type of bonus shall be used as the basis for another.

(b)

Usable open space, building setbacks, improved roof areas and other features necessary to meet requirements applicable to floor area for dwelling use contained within a building shall not be used in the determination of floor area bonuses for other uses.

(Code 1993, § 32-690.3; Code 2004, § 114-690.3; Code 2015, § 30-690.3)

Pursuant to the general purposes of this chapter and the provisions of Code of Virginia, § 15.2-2305, and in furtherance of the purpose of providing affordable shelter for all residents of the City, the intent of this division is to provide for a voluntary affordable housing dwelling unit program that addresses housing needs, promotes a full range of housing choices, and encourages the construction and continued existence of housing affordable to low and moderate income citizens by providing for increases in density and other incentives to the applicant in exchange for the applicant providing such affordable housing. The provisions of this division are intended to be applied in accordance with affordable dwelling unit program administrative provisions adopted by the City Council.

(Code 2004, § 114-691; Code 2015, § 30-691; Ord. No. 2007-187-203, § 1, 9-10-2007)

(a)

Generally. Subject to the limitations and provisions set forth in Section 30-691.2, the provisions of this division shall be applicable to any site or portion thereof developed or to be developed for purposes of dwelling units as defined in Article XII of this chapter. For purposes of these provisions, a site may include a single lot, a combination of contiguous lots, or a combination of lots that are contiguous except for intervening streets or alleys, when such combination of lots is to be developed under the same ownership and/or control pursuant to an overall development plan.

(b)

Program is voluntary. Participation in the affordable dwelling unit program shall be at the sole discretion of the applicant, and an applicant's decision not to apply under the program shall not affect the applicant's ability to obtain density increases pursuant to other applicable provisions of this Code.

(c)

Qualifying affordable dwelling units. For purposes of this division, affordable housing is affordable dwelling units that qualify for application of the density bonus features set forth in this division and shall be dwelling units that are affordable for purchase by households whose income is no more than 80 percent of the area median income in the Richmond-Petersburg Metropolitan Statistical Area and affordable for rental by households whose income is no more than 60 percent of the area median income in the Richmond-Petersburg Metropolitan Statistical Area, except as such percentages of the area median income may be adjusted with the approval of the City Council for purposes of avoiding potential economic loss by the owner or applicant as provided in Chapter 16, Article II.

(d)

Dwelling units to be developed under current zoning. If a site is proposed to be developed pursuant to the current zoning classification of the site, and no rezoning, special use permit or community unit plan is proposed to change the type or density of dwelling units or the lot sizes permitted to be developed on the site, the current zoning district regulations shall be used as the basis upon which the eligible density bonus features and number of qualifying affordable dwelling units are applied.

(e)

Dwelling units to be developed pursuant to rezoning. In the case of a site that is proposed to be developed subject to approval of a change in the zoning classification of the site, the zoning district regulations resulting after such change in the zoning classification shall be used as the basis upon which the eligible density bonus features and qualifying number of affordable dwelling units are applied.

(f)

Dwelling units to be developed pursuant to special use or community unit plan. Nothing contained in this division shall be construed to prohibit an applicant from voluntarily providing affordable dwelling units as part of a special use permit or community unit plan application.

(Code 2004, § 114-691.1; Code 2015, § 30-691.1; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2008-40-60, § 1, 3-24-2008)

The following modifications to applicable zoning district requirements shall be known as density bonus features, and shall be permitted as means to enable increased density of development when affordable dwelling units are provided on a site. In a case where a density bonus feature to be applied to a site is less than the maximum percentage authorized by this section, the percentage of affordable dwelling units or the percentage of floor area devoted to affordable dwelling units necessary to qualify for such bonus feature shall be reduced proportionately, as rounded to the nearest whole percentage.

(1)

Sites located in R, RO and HO districts.

a.

Single-family detached dwellings. The minimum required lot area, lot width and side yard width applicable to single-family detached dwellings shall be reduced by up to 20 percent, provided that not less than 11 percent of the total number of single-family detached dwellings developed on the site, including the optional density increase, are affordable dwelling units, and provided further that in no case shall the lot area be less than 3,000 square feet, nor shall the lot width be less than 25 feet, nor shall any side yard be less than three feet in width.

b.

Single-family attached dwellings. In districts where maximum permitted average density is applicable to single-family attached dwellings, such density shall be increased by up to 20 percent, provided that not less than 11 percent of the total number of single-family attached dwellings developed on the site, including the optional density increase, are affordable dwelling units.

c.

Two-family detached dwellings. The minimum required lot area, lot width and side yard width applicable to two-family detached dwellings shall be reduced by up to 20 percent, provided that not less than 11 percent of the total number of two-family detached dwellings developed on the site, including the optional density increase, are affordable dwelling units, and provided further that in no case shall the lot area be less than 3,600 square feet, nor shall the lot width be less than 27 feet, nor shall any side yard be less than three feet in width.

d.

Two-family attached dwellings. The minimum required lot area and lot width applicable to two-family attached dwellings shall be reduced by up to 20 percent, provided that not less than 11 percent of the total number of two-family attached dwellings developed on the site, including the optional density increase, are affordable dwelling units, and provided further that in no case shall the lot area be less than 2,600 square feet, nor shall the lot width be less than 23 feet.

e.

Multifamily dwelling lot area. In districts where a minimum required lot area per dwelling unit is applicable to multifamily dwellings, the following shall apply:

1.

Where 23 or fewer multifamily dwelling units are permitted on a site before application of any density bonus feature, the permitted number of such units shall be increased by up to 15 percent, provided that not less than nine percent of the total number of multifamily dwelling units developed on the site, including the optional density increase, are affordable dwelling units.

2.

Where 24 or more multifamily dwelling units are permitted on a site before application of any density bonus feature, the permitted number of such units shall be increased by up to ten percent, provided that not less than six percent of the total number of multifamily dwelling units developed on the site, including the optional density increase, are affordable dwelling units.

f.

Multifamily dwelling floor area ratio. In districts where a maximum floor area ratio is applicable to multifamily dwellings, the permitted floor area shall be increased by up to ten percent, provided that not less than six percent of the total multifamily floor area developed on the site, including the optional floor area increase, is devoted to affordable dwelling units.

(2)

Sites located in UB and B-1 districts; dwelling use floor area. The maximum permitted floor area devoted to dwelling use shall be increased by up to 20 percent, provided that not less than 11 percent of the total dwelling use floor area, including the optional floor area increase, is devoted to affordable dwelling units.

(3)

Sites located in B-2 and B-3 districts.

a.

Dwelling use floor area. The maximum permitted floor area devoted to dwelling use shall be increased by up to 20 percent, provided that not less than 11 percent of the total dwelling use floor area, including the optional floor area increase, is devoted to affordable dwelling units.

b.

Building height. The maximum permitted building height shall be increased by 12 feet when at least ten percent of the floor area permitted for dwelling use in the building is devoted to affordable dwelling units.

(4)

Sites located in the B-4 district; dwelling use floor area. The maximum permitted floor area applicable to dwelling use shall be increased by up to ten percent, provided that not less than six percent of the total dwelling use floor area, including the optional floor area increase, is devoted to affordable dwelling units.

(Code 2004, § 114-691.2; Code 2015, § 30-691.2; Ord. No. 2007-187-203, § 1, 9-10-2007)

In the case of density bonus features for an increase in average density of single-family attached dwellings on a site or an increase in the number of multifamily dwelling units on a site, the following rules shall apply in the calculation of numbers of dwelling units:

(1)

Number of dwelling units permitted before application of bonus feature. When calculation of the number of dwelling units permitted on a site before application of the density bonus feature results in a fractional number, the permitted number of dwelling units shall be the lower whole number.

(2)

Number of additional dwelling units or affordable dwelling units. When calculation of the number of additional dwelling units resulting from application of the density bonus feature results in a fractional number, or when calculation of the number of affordable dwelling units necessary to qualify for such bonus feature results in a fractional number, the number of additional dwelling units or number of affordable dwelling units shall be the nearest whole number.

(Code 2004, § 114-691.3; Code 2015, § 30-691.3; Ord. No. 2007-187-203, § 1, 9-10-2007)

Affordable dwelling units intended to qualify for density bonus features shall comply with the following criteria. For purposes of this section, dwelling unit type shall be construed to mean any of the dwelling uses defined in Article XII of this chapter that are permitted on the site, and including the number of bedrooms contained therein.

(1)

Distribution. Affordable dwelling units of the given dwelling unit type shall be located on a site so as to be interspersed among the market rate dwelling units of the same dwelling unit type on the site, and shall not be concentrated together or otherwise separated from market rate dwelling units.

(2)

Physical compatibility. The exterior appearance of affordable dwelling units shall be similar to and compatible with the typical exterior appearance of market rate units of the same dwelling unit type on the site by provision of similar architectural style and similar exterior building materials, finishes and quality of construction, except as may be adjusted with the approval of the City Council's designee for purposes of avoiding potential economic loss by the owner or applicant as provided in Chapter 16, Article II.

(3)

Dwelling unit types and sizes. The number of market rate dwelling units of a given dwelling unit type on the site shall be not less than the number of affordable dwelling units of the same dwelling unit type. The floor area of affordable dwelling units shall comprise not less than 80 percent of the typical floor area of market rate dwelling units of the same dwelling unit type, provided that no affordable dwelling unit bedroom shall contain less than 100 square feet of floor area.

(Code 2004, § 114-691.4; Code 2015, § 30-691.4; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2008-40-60, § 1, 3-24-2008)

On any site where dwelling units are to be developed in phases, affordable dwelling units intended to qualify for density bonus features shall be developed in accordance with the following provisions:

(1)

Phasing plan. A phasing plan describing the phasing of construction of affordable dwelling units and market rate dwelling units shall be submitted with the site plan.

(2)

Certificates of use and occupancy. Certificates of use and occupancy shall not be approved for more than 50 percent of the market rate dwelling units constructed on the site until certificates of use and occupancy are approved for at least 50 percent of the affordable dwelling units constructed on the site. Certificates of use and occupancy shall not be approved for more than 80 percent of the market rate dwelling units constructed on the site until certificates of use and occupancy are approved for 100 percent of the affordable dwelling units constructed on the site.

(Code 2004, § 114-691.5; Code 2015, § 30-691.5; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2024-314, § 2, 12-9-2024)

(a)

Fee reduction. Applicants participating in the affordable dwelling unit program shall be eligible for a reduction of those development fees specified in this chapter that are otherwise applicable, to the extent that such fees shall be reduced by a percentage amount equal to the percentage of affordable dwelling units provided.

(b)

Expedited consideration. Applications proposing the development of affordable dwelling units pursuant to this program shall be given expedited consideration relative to other applications proposing residential development.

(Code 2004, § 114-691.6; Code 2015, § 30-691.6; Ord. No. 2007-187-203, § 1, 9-10-2007)

(a)

Site plan required. In addition to site plan requirements that may otherwise be applicable in the district in which the site is located, a site plan shall be required as set forth in Article X of this chapter for all affordable dwelling units intended to qualify for density bonus features authorized by this division.

(b)

Indication of affordable dwelling units on plans. All affordable dwelling units intended to qualify for density bonus features authorized by this division shall be indicated on plans accompanying the site plan, together with such additional information as necessary to determine compliance with the provisions of this division.

(c)

Approval of site plan. No site plan for a site that includes any of the density bonus features authorized by this division shall be approved by the Director of Planning and Development Review until the affordable dwelling unit program Administrator has provided written certification to the Director that the program criteria necessary to qualify for such density bonus features are met.

(Code 2004, § 114-691.7; Code 2015, § 30-691.7; Ord. No. 2007-187-203, § 1, 9-10-2007; Ord. No. 2009-221-2010-9, § 1, 1-25-2010; Ord. No. 2024-314, § 2, 12-9-2024)

In order for any of the density bonus features authorized by this division to be applicable to a site, the requirements of the affordable dwelling unit program administrative provisions established by the City Council shall be met. The Zoning Administrator shall not approve any application for a building permit, certificate of use and occupancy or certificate of zoning compliance that includes any of the density bonus features authorized by this division until the affordable dwelling unit program administrator has provided written certification to the Zoning Administrator that the program criteria necessary to qualify for such density bonus features are met.

(Code 2004, § 114-691.8; Code 2015, § 30-691.8; Ord. No. 2007-187-203, § 1, 9-10-2007)

The City shall have no more than 280 days in which to process site or subdivision plans proposing the development or construction of affordable dwelling units under the affordable dwelling unit program. The calculation of such periods of review shall include only the time that plans are in review, and shall not include such time as may be required for revision or modification in order to comply with lawful requirements set forth in applicable ordinances and regulations.

(Code 2004, § 114-691.9; Code 2015, § 30-691.9; Ord. No. 2007-187-203, § 1, 9-10-2007)

Editor's note— Ord. No. 2008-40-60, adopted March 24, 2008, repealed Code 2004, § 114-691.10, which pertained to contribution in lieu of providing affordable dwelling units and derived from Ord. No. 2007-187-203, § 1.

The City's affordable dwelling unit program shall be administered in accordance with the provisions of the affordable dwelling unit program administrative provisions adopted by the City Council.

(Code 2004, § 114-691.11; Code 2015, § 30-691.11; Ord. No. 2007-187-203, § 1, 9-10-2007)

This division is for the purpose of setting forth requirements for the location and design of wireless communications facilities, microwave relay facilities, and radio and television broadcast antennas.

(Code 1993, § 32-692; Code 2004, § 114-692; Code 2015, § 30-692; Ord. No. 2017-106, § 1, 6-26-2017)

The growth of commercial wireless communications has resulted in a need for additional antenna sites, with such need marked by not only the number of facilities required, but also the geographic distribution. Other technological changes in the traditional radio and television broadcast industry and in the use of microwave voice and data transmission are resulting in similar increased demand for antenna sites. These services of the utilities and communications sector have merit and value for the community and region as a whole, but can also result in facilities which are in conflict with the existing or planned character of the surrounding area. It is the intent of the City to create an expanded range of opportunities to accommodate continued growth of the services, while guiding the design of the facilities in a manner that takes into account the existing or planned character around a proposed site. These opportunities include the establishment of facilities through installation on existing buildings (alternative support structures), the establishment of new facilities through the construction of new monopoles, flexibility for the use of properties which may be nonconforming or may already be subject to special use permits or community unit plans, and greater flexibility for the development of facilities on City property where larger sites or existing nonresidential uses may result in a less intrusive installation when compared to other nearby properties.

(Code 1993, § 32-692.1; Code 2004, § 114-692.1; Code 2015, § 30-692.1; Ord. No. 2018-157, § 1, 6-25-2018)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Administrative review-eligible project means a project that provides for:

(1)

The installation or construction of a new structure that is not more than 50 feet above ground level, provided that the structure with attached wireless facilities is (i) not more than ten feet above the tallest existing utility pole located within 500 feet of the new structure within the same public right-of-way or within that existing line of utility poles; (ii) not located within the boundaries of a local, State or Federal historic district; (iii) not located inside the jurisdictional boundaries of a locality having expended a total amount equal to or greater than 35 percent of its general fund operating revenue, as shown in the most recent comprehensive annual financial report, on undergrounding projects since 1980; and (iv) designed to support small cell facilities; or

(2)

The co-location on any alternative support structure of a wireless facility that is not a small cell facility.

Alternative support structure means any structure that is installed or approved for installation at the time a wireless services provider or wireless infrastructure provider provides notice to the City of an agreement with the owner of the structure to co-locate equipment on that structure. The term "alternative support structure" includes any structure that is currently supporting, designed to support, or capable of supporting the attachment of wireless facilities, including towers, buildings, utility poles, light poles, flag poles, signs, and water towers.

Antenna means communications equipment that transmits or receives electromagnetic radio signals used in the provision of any type of wireless communications services.

Base station means a station that includes a structure that currently supports or houses an antenna, transceiver, coaxial cables, power cables, or other associated equipment at a specific site that is authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.

Co-locate means to install, mount, maintain, modify, operate, or replace a wireless facility on, under, within, or adjacent to a base station, building, alternative support structure, utility pole, or wireless support structure. The term "co-location" has a corresponding meaning.

Director means the Director of Planning and Development Review or the designee thereof.

Micro-wireless facility means a small cell facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, not longer than 11 inches.

New structure means a freestanding wireless support structure, as opposed to a co-located wireless facility, that has not been installed or constructed, or approved for installation or construction, at the time a wireless services provider or wireless infrastructure provider applies to a locality for any required zoning approval.

Project means (i) the installation or construction by a wireless services provider or wireless infrastructure provider of a new structure or (ii) the co-location on any alternative support structure of a wireless facility that is not a small cell facility. The term "project" does not include the installation of a small cell facility by a wireless services provider or wireless infrastructure provider on an alternative support structure to which the provisions of Section 30-692.7 apply.

Small cell facility means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than 28 cubic feet, or such higher limit as is established by the Federal Communications Commission. The following types of associated equipment are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation boxes, back-up power systems, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Small cell facility co-location permit means a permit authorizing a wireless service provider or wireless infrastructure provider to co-locate a small cell facility on an alternative support structure.

Standard process project means any project other than an administrative review-eligible project.

Utility pole means a structure owned, operated, or owned and operated by a public utility, local government, or the Commonwealth that is designed specifically for and used to carry lines, cables, or wires for communications, cable television, or electricity.

Water tower means a water storage tank, a standpipe, or an elevated tank situated on a support structure, originally constructed for use as a reservoir or facility to store or deliver water.

Wireless facility means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including (i) equipment associated with wireless services, such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services, such as microwave backhaul, and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, such as microwave relay facilities, regardless of technological configuration.

Wireless infrastructure provider means any person that builds or installs transmission equipment, wireless facilities, or wireless support structures, but that is not a wireless services provider.

Wireless services means (i) "personal wireless services" as defined in 47 USC 332(c)(7)(C)(i); (ii) "personal wireless service facilities" as defined in 47 USC 332(c)(7)(C)(ii), including commercial mobile services as defined in 47 USC 332(d), provided to personal mobile communication devices through wireless facilities; and (iii) any other fixed or mobile wireless service, using licensed or unlicensed spectrum, provided using wireless facilities.

Wireless services provider means a provider of wireless services.

Wireless support structure means a freestanding structure, such as a monopole, tower, either guyed or self-supporting, or suitable alternative support structure or other structure designed to support or capable of supporting wireless facilities. The term "wireless support structure" does not include any telephone or electrical utility pole or any tower used for the distribution or transmission of electrical service.

(Code 2015, § 30-692.1:1; Ord. No. 2018-157, § 2, 6-25-2018)

(a)

All applications to install or construct projects in the City shall be submitted to the Director in the form of a site plan, all documentation required in section 30-692.2, and any other documentation the Director may require. A fee as set forth in Appendix A to this Code shall accompany the submittal of each application.

(b)

Applicants for standard process projects whose proposed projects do not meet applicable criteria of this division 11 may either modify their proposed projects to comply with this division or seek initial approval for their projects by separate application for a special use permit, variance, or other available means of zoning approval. A fee as set forth in Appendix A to this Code shall accompany the submittal of each application for a special use permit, variance, or other available means of zoning approval. Notwithstanding anything to the contrary in this chapter 30, applicants desiring to install or construct administrative review-eligible projects shall not be required to obtain a special exception, special use permit, or variance.

(c)

The City shall notify the applicable project applicant by email within ten business days after receiving an incomplete application for any purpose described in subsections (a) or (b) of this section. Such notice shall specify any additional information required to complete the application. Failure by the City to so provide this notice will render the application complete.

(d)

Unless the City and applicant mutually agree to extend the application review period, the City shall approve or disapprove a complete application for any purpose described in subsections (a) or (b) of this section within the following periods of time:

(1)

For a new structure, within the lesser of 150 days of receipt of the completed application or the period required by federal law for such approval or disapproval;

(2)

For the co-location of any wireless facility that is not a small cell facility, within the lesser of 90 days of receipt of the completed application or the period required by federal law for such approval or disapproval, unless the application constitutes an eligible facilities request as defined in 47 U.S.C. § 1455(a).

Failure by the City to approve any such complete applications within the applicable periods above shall render such applications approved.

(e)

Following disapproval by the City of any application described in subsections (a) or (b) of this section, the City shall provide the applicant with a written statement of the reasons for such disapproval. If the City is aware of any modifications to the project described in the application that if made would permit the City to approve the project, the City will identify them in such written statement. Subsequent disapproval by the City of a project application incorporating such identified modifications may be used by the applicant as evidence in any appeal asserting the City's disapproval was arbitrary and capricious.

(f)

Disapproval by the City of any application described in subsections (a) and (b) of this section shall (i) not unreasonably discriminate between the applicant and other wireless services providers, wireless infrastructure providers, providers of telecommunications services, and other providers of functionally equivalent services, and (ii) be supported by substantial record evidence contained in a written record publicly released within thirty days following the disapproval.

(g)

Applications described in section 30-692.4 below shall be subject to subsections (c) through (f) of this section.

(Code 2015, § 30-692.1:2; Ord. No. 2018-157, § 2, 6-25-2018; Ord. No. 2024-314, § 2, 12-9-2024)

(a)

In addition to meeting minimum submission requirements for any application materials the Director may require, requests for approval for wireless facility projects shall include the following:

(1)

The applicant's narrative containing the following information:

a.

The address and latitude/longitude of the proposed location;

b.

A description of communications/broadcast services which the applicant intends to provide at the site;

c.

The methodology behind the site selection (i.e., describe alternative sites considered in the site selection process and why the proposed site is the most suitable);

d.

A description of any other regulatory review required for the site and the status of that review (Federal Communications Commission, Federal Aviation Administration, NEPA impact report);

e.

The measures that will be taken to ensure compatibility with surrounding properties;

f.

A statement acknowledging removal of antennas upon termination of the use;

g.

A statement indicating compliance with NIER standards;

h.

A noninterference statement;

i.

A statement indicating the feasibility of co-location of other users at the site; and

j.

A statement indicating whether the site will be shared with the City if needed for public safety purposes.

(2)

A map showing the location of the proposed site and the location of existing facilities operated or owned by the applicant within the City and within three miles of the corporate limits, with an accompanying description of each facility (address, latitude/longitude, height of support structure, mounting height of antenna array, and willingness to allow and feasibility of co-location of other users at site).

(3)

Plans required for applications shall also clearly depict the following:

a.

The location of the facility within the overall property, the access point from a public street, the location of other structures within 100 feet.

b.

A detailed layout plan consisting of a site plan, roof plan, floor plan, as applicable to the specific proposal.

c.

Detailed elevation drawings showing the location and type of antenna array, the structural element to which the array will be affixed, and for mounts using alternative support structures, any architectural device used to incorporate the array into building/structure design, the location and materials of any security fencing where required.

d.

The location and details of lighting when required.

e.

The location, type of equipment, noise suppression measures and operational procedure for any emergency power supply.

f.

The color of antennas, cables, support structure.

g.

Landscape plans-minimum evergreen hedge for the base of the support structure and ground-mounted equipment, with additional trees for support structure screening.

(b)

There shall be no signage identifying the site except for a single nameplate not exceeding four square feet in sign area.

(c)

Any wireless facility, wireless support structure, and other equipment supporting the wireless facility which has not been used for the purpose of radio transmission or wireless communication for a continuous period of 12 months shall be deemed to be abandoned and shall be removed from the premises within 90 days of such abandonment.

(Code 1993, § 32-692.2; Code 2004, § 114-692.2; Code 2015, § 30-692.2; Ord. No. 2018-157, § 1, 6-25-2018)

Use of alternative support structures for the uses described in this division shall be permitted on nonconforming properties and properties which are already subject to special use permits, institutional master plans or community unit plans. Such installations shall be deemed to be a permitted alteration of a nonconforming property and shall be deemed in substantial conformance with the special use permit, institutional master plan or community unit plan, provided the installation is in conformance with the review criteria set forth in Section 30-692.4(b), as determined by site plan review, if required, in accordance with Article X of this chapter for nonconforming properties and properties subject to special use permits or institutional master plans, and by final plan review, if required, in accordance with Article IV, Division 30 of this chapter for properties subject to community unit plans.

(Code 1993, § 32-692.3; Code 2004, § 114-692.3; Code 2015, § 30-692.3; Ord. No. 2015-80-74, § 1, 5-11-2015; Ord. No. 2018-157, § 1, 6-25-2018; Ord. No. 2024-314, § 2, 12-9-2024)

(a)

The authorization in this chapter for use of alternative support structures provides a less obtrusive alternative to the traditional monopole and tower-based facilities by accommodating installations that are a companion and subordinate use in conjunction with a permitted principal or accessory use of a property. Such installations may include, but not be limited to, rooftop installations; installations on the face of buildings and on the exterior of otherwise permitted rooftop mechanical enclosures; installations on otherwise permitted water towers serving municipal, business or industrial uses; and installations within otherwise permitted ornamental towers and steeples.

(b)

The following standards shall be applicable to all installations on alternative support structures:

(1)

The maximum combined projection (antenna and mounting hardware) above the alternative support structure shall not exceed 25 feet, except for whip antennas which may result in a combined projection of up to 35 feet, and the hardware on which antennas are mounted shall not project above the alternative support structure by more than 20 feet.

(2)

Notwithstanding the provisions of Section 30-692.2(a), applicants for projects meeting the following criteria shall be required to apply for and obtain a certificate of zoning compliance and shall not be required to obtain a site plan or final community unit plan approval:

a.

The maximum combined projection (antenna and mounting hardware) above the alternative support structure shall not exceed ten feet; provided, however, if the installation is visible from the principal street frontage, then the maximum combined projection (antenna and mounting hardware) above the alternative support structure shall not exceed five feet in height.

b.

The maximum dimensions of the antenna shall not exceed two feet by two feet by two feet or an alternative design not to exceed three cubic feet.

c.

The maximum dimensions of any new mechanical enclosures or cabinets located on a support structure where they would be visible shall not exceed five feet by two feet by two feet.

d.

Any portion of the installation that is visible from the principal street frontage shall be designed and colored to appear as an element of the alternative support structure, including the use of antennas, cables and equipment that are painted or tinted to match the surface of the alternative support structure to which they are affixed.

(Code 1993, § 32-692.4; Code 2004, § 114-692.4; Code 2015, § 30-692.4; Ord. No. 2006-168-189, § 2, 7-10-2006; Ord. No. 2008-2-55, § 2, 3-24-2008; Ord. No. 2010-19-31, § 3, 2-22-2010; Ord. No. 2015-80-74, § 1, 5-11-2015; Ord. No. 2017-150, § 4, 9-25-2017; Ord. No. 2018-157, § 1, 6-25-2018; Ord. No. 2024-314, § 2, 12-9-2024)

(a)

In addition to the information to be contained in the narrative required by Section 30-692.2, an application for a new structure shall thoroughly document the reasons the proposed wireless facilities to be placed thereon could not be accommodated on nearby existing structures or be co-located with other users on nearby existing monopoles or towers and that the new structure is the only feasible option.

(b)

All new structures shall be limited to monopole designs only, and shall be subject to the following locational standards:

(1)

There shall be a setback of 500 feet from any property within an R or RO zoning district and a setback of 1,000 feet from the shoreline of the James River. In no case shall a setback exceed the largest setback imposed by this chapter on other types of similar structures of a similar size, including utility poles.

(2)

The maximum height of any monopole and antenna array shall be 199 feet, except that for any monopole and antenna array proposed within 1,000 feet of the right-of-way of an interstate highway, the height shall not exceed 155 feet.

(c)

The antenna array shall be designed to present the least horizontal dimension possible. Where the proposed array is not designed either as a tubular antenna array (unicell) or as cluster-mounted array (panel antennas affixed directly to the side of the monopole), in addition to the information to be contained in the narrative required by Section 30-692.2, a statement shall be provided as to why those types of hardware are not technically feasible.

(d)

The support structure and antenna array shall be of a color that is of neutral tone, selected to blend with the natural background (e.g., gray, light blue or silver if in open ground; green if among trees).

(e)

There shall be no lighting of the support structure or antenna array unless required by the City or State or Federal agency.

(f)

Dish antennas as part of a microwave relay facility shall not exceed ten feet in diameter.

(g)

When microwave dish antennas are accessory to a wireless facility and are to be mounted on the monopole, such dishes shall not exceed six feet in diameter and shall not be mounted so as to extend more than six feet from the monopole.

(Code 1993, § 32-692.5; Code 2004, § 114-692.5; Code 2015, § 30-692.5; Ord. No. 2018-157, § 1, 6-25-2018)

The installation of any public wireless facility and wireless support structures shall not be subject to the requirements of Sections 30-692.2 through 30-692.5, but shall instead be subject to location, character and extent approval by the Planning Commission in accordance with the requirements of Section 17.07 of the Charter.

(Code 1993, § 32-692.6; Code 2004, § 114-692.6; Code 2015, § 30-692.6; Ord. No. 2018-157, § 1, 6-25-2018)

(a)

Notwithstanding anything to the contrary in this chapter, the co-location of small cell facilities by a wireless services provider or wireless infrastructure provider on an alternative support structure, all as defined in this section, shall be permitted subject to the provisions of this section, provided that the wireless services provider or wireless infrastructure provider has permission from the owner of the alternative support structure to co-locate equipment on that alternative support structure and so notifies the Director of Planning and Development Review or the designee thereof.

(b)

No small cell facility shall be co-located on any alternative support structure and no building permit authorizing the co-location of any small cell facility on any alternative support structure shall be issued until the wireless service provider or wireless infrastructure provider obtains a small cell facility co-location permit for the co-location of such small cell facility.

(c)

Applications for small cell facility co-location permits shall be submitted to the Director of Planning and Development Review or the designee thereof and may include up to 35 permit requests on a single application. A permit fee and processing fee shall accompany each application. For each small cell facility up to five small cell facilities on a single permit application the fee shall be $100.00, and for each additional small cell facility over five small cell facilities on a single permit application the fee shall be $50.00. Applications shall include the following information for each permit requested. Any application not containing all of the following information may be deemed incomplete by the Director of Planning and Development Review or the designee thereof.

(1)

The applicant's name and status as a wireless service provider or wireless infrastructure provider and a valid electronic mail address at which the applicant may be contacted;

(2)

The address and latitude/longitude of the alternative support structure on which the small cell facility will be co-located;

(3)

The owner of the alternative support structure and an agreement or other evidence showing the owner has granted permission to the applicant to co-locate on the alternative support structure, which evidence may include the owner's signature on the application;

(4)

A description of any other regulatory review required for the site and the status of that review (e.g., Federal Communications Commission, Federal Aviation Administration, NEPA impact report);

(5)

A statement that the small cell facility and operation thereof will not materially interfere with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities; and

(6)

Plans clearly depicting the following:

a.

The dimensions and specifications of the small cell facility, including the antennas, base station, and all other associated wireless equipment;

b.

A detailed layout plan consisting of a site plan, roof plan, floor plan, as applicable to the alternative support structure;

c.

Detailed elevation drawings showing the co-location of the small cell facility, including the base station and all other associated equipment, on the alternative support structure; and

d.

In the case of an installation on publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment to the structure, such plans and elevation drawings shall include:

1.

The color of the alternative support structure and the small cell facility, the base station and all other associated equipment;

2.

The location and details of lighting, when applicable; and

3.

Landscape plans for the base of the alternative support structure and ground mounted equipment.

(d)

Within ten days after receipt of an application and a valid electronic mail address for the applicant, the Director of Planning and Development Review or the designee thereof shall notify the applicant by electronic mail whether the application is incomplete and specify any missing information; otherwise, the application shall be deemed complete. Within 60 days of receipt of a complete application, the Director of Planning and Development Review or the designee thereof shall either approve the application, disapprove the application, or extend the period for an additional 30 days by providing written notice of such extension to the applicant. Any disapproval of the application shall be in writing and accompanied by an explanation for the disapproval. The application shall be deemed approved if the Director of Planning and Development Review or the designee thereof does not disapprove the application within 60 days of receipt of the complete application unless within such 60 days the Director of Planning and Development Review or the designee thereof extended the period for an additional 30 days pursuant to this section, in which case the application shall be deemed approved if the Director of Planning and Development Review or the designee thereof does not disapprove the application within 90 days of receipt of the completed application.

(e)

Provided the applicant is in compliance with all provisions of this section, the Director of Planning and Development Review or the designee thereof shall not unreasonably condition, withhold, or delay the issuance of a small cell facility co-location permit and may only disapprove a small cell facility co-location permit for the following reasons:

(1)

Material potential interference with other pre-existing communications facilities or with future communications facilities that have already been designed and planned for a specific location or that have been reserved for future public safety communications facilities;

(2)

The public safety or other critical public service needs;

(3)

Only in the case of an installation on or in publicly owned or publicly controlled property, excluding privately owned structures where the applicant has an agreement for attachment to the structure, aesthetic impact or the absence of all required approvals from all departments, authorities, and agencies with jurisdiction over such property; or

(4)

If the alternative support structure upon which the small cell facility would be co-located is within an old and historic district as set forth in Article IX, Division 4 of this chapter and no certificate of appropriateness authorizing the small cell facility has been issued as required by Article IX, Division 4 of this chapter.

(f)

Nothing shall prohibit an applicant from voluntarily submitting, and the Director of Planning and Development Review or the designee thereof from accepting, any conditions that otherwise address potential visual or aesthetic effects resulting from the placement of small cell facilities.

(g)

Any wireless support structure or wireless facility permitted pursuant to this section and which has not been used for wireless services for a continuous period of 12 months shall be deemed to be abandoned and shall be removed from the premises within 90 days of such abandonment.

(h)

Notwithstanding anything to the contrary in this section, the installation, placement, maintenance, or replacement of micro-wireless facilities that are suspended on cables or lines that are strung between existing utility poles in compliance with national safety codes shall be exempt from the permitting requirements and fees set forth herein.

(Code 2015, § 30-692.7; Ord. No. 2017-106, §§ 2, 3, 6-26-2017; Ord. No. 2018-157, § 1, 6-25-2018)

A temporary event as defined in Section 30-1220 shall be exempt from the provisions of this chapter and shall not require a certificate of zoning compliance.

(Code 2004, § 114-693; Code 2015, § 30-693; Ord. No. 2012-234-2013-2, § 2, 1-14-2013)

The intent of the provisions of this division is to recognize the need for some citizens of the City to use a portion of their residence for the purposes of a home occupation as defined in Article XII of this chapter, and to recognize the public benefits of increased economic activity and reduction of commuter traffic resulting from home occupations, while protecting the integrity of residential areas by permitting limited business activity within a residence or its accessory building only to an extent that it does not adversely affect the appearance, character or condition of the residence or the surrounding neighborhood.

(Code 2004, § 114-694; Code 2015, § 30-694; Ord. No. 2005-339-2006-10, § 2, 1-9-2006)

The following provisions shall apply to home occupations in all districts in which they are permitted by the use of regulations set forth in this chapter:

(1)

Employment. Only persons living together as a family on the premises shall be employed on the premises in the conduct of the home occupation.

(2)

Location. The home occupation shall be conducted within the dwelling unit or within a completely enclosed accessory building on the same property, provided that the home occupation use of an accessory building shall be permitted only when authorized by exception granted by the Board of Zoning Appeals pursuant to Section 30-1040.3. Use of an accessory building for motor vehicle parking or incidental storage of products or materials used in conjunction with a home occupation conducted within the dwelling unit shall not require an exception. There shall be no outside activity or outside storage of products or materials in conjunction with any home occupation.

(3)

Area. The home occupation, whether located in the dwelling unit or in an accessory building, shall not occupy an area greater than the equivalent of 25 percent of the enclosed and heated floor area of the dwelling unit or more than 500 square feet, whichever is less. Areas within enclosed buildings and used for parking of vehicles as may be required by Section 30-640.2 shall not be included in calculation of the area devoted to the home occupation.

(4)

Appearance. There shall be no signs, other than specifically permitted by Article V of this chapter, and no displays or alterations to the exterior of the building or premises that would distinguish it as being devoted to a nondwelling use.

(5)

Intensity/traffic. Visitation by clients, customers, vendors or other visitors associated with the home occupation, including deliveries, shall not exceed a total of four vehicles per day, nor more than two persons at any one time, and shall occur only between the hours of 8:00 a.m. and 6:00 p.m.

(6)

Vehicles. Parking or storage of vehicles shall be subject to the limitations set forth in Section 30-640.2 of this chapter, provided that no more than two vehicles used in conjunction with a home occupation shall be parked or stored on the premises either outside or inside a completely covered enclosed building.

(7)

Prohibited activities. In conjunction with any home occupation, no product shall be offered for sale directly to customers on the premises, there shall be no housing of persons for compensation, and there shall be no repair of vehicles or internal combustion engines. The following uses or activities shall be prohibited as a home occupation: beauty salons, barber shops, manicure or pedicure services, massage therapy, medical or dental offices and clinics, catering businesses, kennels, veterinary clinics and similar uses or activities.

(8)

Performance. There shall be no process or activity conducted or equipment operated that generates any noise, vibration, odor, smoke, fumes, glare or electrical interference discernable to the normal senses beyond the lot lines of the property on which the home occupation is conducted. In the case of a home occupation conducted in a dwelling unit other than a single-family detached dwelling, such impacts shall not be discernable to the normal senses outside of the dwelling unit. The use or storage or both of hazardous materials of such type or in such quantities not normally permitted in a residential structure shall be prohibited.

(Code 2004, § 114-694.1; Code 2015, § 30-694.1; Ord. No. 2005-339-2006-10, § 2, 1-9-2006)

A certificate of zoning compliance shall be required for each home occupation in accordance with the provisions of Article X, Division 3 of this chapter.

(Code 2004, § 114-694.2; Code 2015, § 30-694.2; Ord. No. 2005-339-2006-10, § 2, 1-9-2006)

The provisions of this division shall be applicable to buildings and structures situated in any district and located within a designated floodplain.

(Code 2004, § 114-696; Code 2015, § 30-696; Ord. No. 2011-205-2012-1, § 4, 1-9-2012)

District regulations prohibiting parking or related circulation of vehicles within portions of parking decks and parking garages located along a principal street frontage shall not be applicable to portions of such structures located below the elevation of the 100-year flood, provided that such parking spaces located along a principal street frontage shall be screened from view from the street by structural material of not less than 45 percent opacity and in accordance with the Virginia Construction Code.

(Code 2004, § 114-696.1; Code 2015, § 30-696.1; Ord. No. 2011-205-2012-1, § 4, 1-9-2012)

In the case of a building located within a designated floodplain in any district in which height regulations are stated in terms of number of stories, the determination of number of stories shall be as set forth in the district height regulations or may be measured from the elevation of the 100-year flood, whichever enables the greater building height. The first story above the elevation of the 100-year flood shall be construed to be the ground floor for purposes of applying the district height regulations.

(Code 2004, § 114-696.2; Code 2015, § 30-696.2; Ord. No. 2011-205-2012-1, § 4, 1-9-2012)

District regulations requiring building façade fenestration shall not be applicable to that portion of a story of a building located below the elevation of the 100-year flood.

(Code 2004, § 114-696.3; Code 2015, § 30-696.3; Ord. No. 2011-205-2012-1, § 4, 1-9-2012)

Short-term rentals, as defined in Article XII of this chapter, may be located on a lot, subject to the provisions of this division.

(Code 2015, § 30-697; Ord. No. 2019-343, § 1(30-697), 6-22-2020)

The following conditions are applicable to all short-term rentals in all districts:

(1)

The number of short-term renters over the age of 18 occupying or present within any short-term rental shall not exceed the lesser of (i) eight persons, or (ii) the maximum number permitted by the most recent edition of the Virginia Uniform Statewide Building Code.

(2)

No short-term rental operator shall rent a short-term rental to one or more short-term renters, unless at least one of the short-term renters is 18 years of age or older.

(3)

Only a short-term rental operator may operate a short-term rental. For each short-term rental, the corresponding short-term rental operator shall submit a letter to the Zoning Administrator with (i) contact information for the short-term rental operator, including such operator's name, permanent mailing address, primary contact phone number and, if applicable, an electronic mail address, (ii) an acknowledgement from the short-term rental operator confirming the operation of the dwelling unit as a short-term rental, and (iii) for condominiums and co-ops, evidence that the condominium or co-op board has approved a request to use the dwelling unit as a short-term rental.

(4)

Each short-term rental operator shall provide to the Zoning Administrator and conspicuously post within the short-term rental a floor plan of the layout of the dwelling unit, on which floor plan the short-term rental operator shall label the following:

a.

The use of each room;

b.

The occupancy level of sleeping rooms and cooking facilities;

c.

The location and size of emergency egress and rescue openings; and

d.

The location of fire and carbon monoxide detectors.

(5)

Smoke detectors shall be present in compliance with the current edition of the Virginia Uniform Statewide Building Code.

(6)

A fire extinguisher shall be present in compliance with the current edition of the Virginia Uniform Statewide Building Code.

(7)

Carbon monoxide detectors shall be present in compliance with the current edition of the Virginia Uniform Statewide Building Code.

(8)

Prior to operation of any dwelling unit as a short-term rental, the owner of the dwelling unit shall obtain a certificate of zoning compliance for the short-term rental use in accordance with the conditions set forth in Sections 30-1020 through 30-1020.5 of the Code of the City of Richmond (2020), as amended.

(9)

Every certificate of compliance for a short-term rental use shall expire 730 days after the date it is issued. No sooner than 30 days prior to such expiration, any short-term rental operator who wishes to maintain their short-term rental use may apply for a new certificate of zoning compliance for such use.

(10)

All advertisements for any short-term rental shall include the active certificate of zoning compliance for such short-term rental.

(11)

Under no circumstances shall the issuance of a certificate of zoning compliance by the Zoning Administrator be construed as abrogating, nullifying or invalidating any other provision of law; any deed covenant or property right; or any property owners' association bylaw.

(12)

For multifamily dwellings, a maximum of ten or one-third of the dwelling units, whichever is lesser, on the lot shall be permitted as short-term rentals, except as provided in section 30-697.2.

(13)

No short-term rental operator shall agree to more than one booking transaction during the same period or any portion thereof that results in reservations for two or more separately-booked short-term renters to occupy the same short-term rental at the same time.

(14)

No short-term rental operator shall offer, provide, advertise or permit use of a dwelling unit for any commercial use that is prohibited by law.

(Code 2015, § 30-697.1; Ord. No. 2019-343, § 1(30-697.1), 6-22-2020; Ord. No. 2023-235, § 2, 9-25-2023)

The following conditions are applicable to all short-term rentals within the R-1, R-2, R-3, R-4, R-5, R-5A, R-6, R-7, R-8, R-43, R-48, R-53, R-63, R-73, R-MH, RO-1, RO-2, and RO-3 districts. The short-term rental shall be located on the same lot as the short-term rental operator's primary residence. Where the short-term rental operator is a legal person but not an individual, the short-term rental shall be located on the same lot as the primary residence of the individual who manages the day-to-day operations of the short-term rental operator, or who is a trustee or a beneficiary of the short-term rental operator if the short-term rental operator is a trust. For purposes of this section, whether a lot includes a short-term rental operator's or a qualifying individual's primary residence shall be determined by the records of the Virginia Department of Motor Vehicles or the Office of the Registrar of the City of Richmond current as of the date of application to operate a short-term rental on such lot. Only one short-term rental shall be permitted on any lot.

(Code 2015, § 30-697.2; Ord. No. 2019-343, § 1(30-697.2), 6-22-2020; Ord. No. 2023-235, § 2, 9-25-2023)

Editor's note— Ord. No. 2023-235, § 1, adopted September 25, 2023, repealed § 30-697.3, which pertained to short-term rentals located in certain other zoning districts and derived from the Code of 2015, § 30-697.3 and Ord. No. 2019-343, adopted June 22, 2020.

The purpose of this Division is to establish a process for review and approval of emergency, transitional, and permanent supportive housing uses in order to reduce the number of individuals and families in the City experiencing homelessness or obtaining affordable housing.

(Ord. No. 2020-261, § 2, 3-8-2021)

The following housing types shall be subject to the provisions of this Division:

(a)

Emergency housing, which shall be provided through:

(1)

A building, or portion thereof;

(2)

An assemblage of two or more tiny home units;

(3)

A tent encampment, which means a group of small, portable tents or similar forms of shelter on a property, where each tent is intended to provide shelter for no more than two (2) individuals or a family; or

(4)

A safe parking area.

(b)

Transitional housing, which shall be provided through:

(1)

A building, or portion thereof; or

(2)

An assemblage of two or more tiny home units.

(c)

Permanent supportive housing, which shall be provided through:

(1)

A building, or portion thereof; or

(2)

An assemblage of two or more tiny home units.

(d)

A single property may contain a combination of emergency housing, transitional housing, and permanent supportive housing uses so long as they are under common ownership and comply with the rest of the provisions of this Chapter.

(Ord. No. 2020-261, § 2, 3-8-2021)

(a)

Location.

(1)

A property with an emergency housing, transitional housing, or permanent supportive housing use shall be located no more than 2,640 feet from a public transit stop.

(2)

A property with an emergency housing, transitional housing, or permanent supportive housing use shall be located no less than 1,320 feet from any property with an emergency housing, transitional housing, or permanent supportive housing use.

(3)

A property providing an emergency housing, transitional housing, or permanent supportive housing use through a building, or portion thereof, shall only be located in a R-73 Multi-family Residential District, RO-2 Residential-Office District, I Institutional District, B-1 Neighborhood Business District, B-2 Community Business District, B-3 General Business District, B-4 Central Business District, OS Office-Service District, RP Research Park District, or M-1 Light Industrial District as permitted in this Chapter, and subject to all other provisions of such zoning district.

(4)

A property providing an emergency housing, transitional housing, or permanent supportive housing use through an assemblage of two (2) or more tiny home units shall only be located in a B-3 General Business District or M-1 Light Industrial District and shall be subject to all other provisions of such zoning district.

(5)

A property providing an emergency housing use through a tent encampment shall only be located in a B-3 General Business District or M-1 Light Industrial District, and shall be subject to all other provisions of such zoning district.

(6)

A property providing an emergency housing use through a safe parking area shall only be located in a R-73 Multi-family Residential District, RO-2 Residential-Office District, I Institutional District, B-1 Neighborhood Business District, B-2 Community Business District, B-3 General Business District, B-4 Central Business District, OS Office-Service District, or M-1 Light Industrial District, and shall be subject to all other provisions of such zoning district.

(b)

Capacity. The maximum number of individuals residing in emergency housing, transitional housing, or permanent supportive housing on a property shall at all times be in compliance with all applicable provisions of building, fire, health, and zoning codes.

(c)

Emergency contact. The owner, tenant, or operator of any emergency housing, transitional housing, or permanent supportive housing use shall provide the Zoning Administrator with a phone number for an individual who can be reached 24 hours a day in the event of an emergency.

(Ord. No. 2020-261, § 2, 3-8-2021; Ord. No. 2022-245, § 1, 9-26-2022)

(a)

Prior to the establishment of an emergency housing, transitional housing, or permanent supportive housing use, whether principal or accessory, the owner, tenant, or operator of such building, structure, or premises shall obtain a certificate of zoning compliance in accordance with the conditions specified in this division and in article X, division 3 of this chapter.

(b)

Within seven days of receipt of the materials described in section 30.698.3(d) for a certificate of zoning compliance for an emergency housing, a transitional housing, or a permanent supportive housing use, the Zoning Administrator shall provide written notice of such application to:

(1)

All owners of real property within 150 feet of the applicant's property;

(2)

The Council member representing the district in which the applicant's property is located; and

(3)

At least one civic or neighborhood association established in accordance with applicable law that advocates for the district or area in which the applicant's property is located and of which the Zoning Administrator has actual knowledge.

(c)

A Certificate of Zoning Compliance for an emergency housing use shall be valid for one (1) year. If a property owner with a valid Certificate of Zoning Compliance for emergency housing seeks to continue such use for one (1) additional year, the property owner shall submit all documentation to the City, as specified in this Division, no later than sixty (60) days prior to the date of expiration of its Certificate of Zoning Compliance to ensure timely issuance of a new Certificate of Zoning Compliance, provided property owner satisfies all other conditions for such issuance.

(d)

Issuance of a Certificate of Zoning Compliance for an emergency housing, transitional housing, permanent supportive housing, or social service delivery use shall be subject to (i) approval by the Director of Planning and Development Review of a site plan, in accordance with Article X, Division 4 of this Chapter, in the event building permits are needed to engage in such use, and (ii) submittal to the Zoning Administrator of a filing that shall include, at minimum, the location and description of the following, including an operations information statement as described below:

(1)

The parcel and all buildings and structures thereon, both permanent and temporary;

(2)

Access control points and any fencing and screening for the parcel and all buildings and structures;

(3)

The use and occupancy of each room or space inside a building or structure, including accommodations for sleeping, accommodations for sanitary health and hygiene (e.g. sinks, toilets, latrines, showers, or washing stations); and accommodations for food preparation;

(4)

The size of emergency ingress points, egress points, and evacuation routes;

(5)

Smoke alarms, carbon monoxide alarms, and fire extinguishers; and

(6)

An operations information statement that shall include, at minimum, the following:

a.

The name of the operating entity, its articles of incorporation or similar organizational document and its bylaws, if any, and a statement of the operating entity's experience providing emergency housing, transitional housing, permanent supportive housing, or social service delivery;

b.

Anticipated dates, days, and hours of operation;

c.

Maximum intended number of overnight occupants, which shall at all times be in compliance with all applicable provisions of building, fire, health, and zoning codes;

d.

List of requirements for admission of occupants;

e.

Description of each staff position, qualifications necessary for each position, and a statement of the anticipated number of staff serving in such positions;

f.

Statement of intention, or not, to provide occupants meals, minor medical care, job counseling, substance abuse counseling, and services to help occupants transition to more permanent housing, and if so, whether provision of each will be on or offsite; and

g.

Statement of intention, or not, to participate in the Greater Richmond Continuum of Care coordinated entry system.

(Ord. No. 2020-261, § 2, 3-8-2021; Ord. No. 2024-314, § 2, 12-9-2024)