The purposes of this article are to provide regulations for planned developments and overlay districts within Stafford County. In order to provide protection for areas of natural and historic resources, areas impacted by frequent and high levels of noise, highway corridors, and reservoir areas, these regulations are supplemental to and supersede the less stringent regulations of underlying districts.

(Ord. No. 094-29, § 28-401, 8-9-94)

No structure or land within Stafford County, located either in a planned development district or an overlay district as established by this article, shall hereafter be developed, occupied, or used except in conformance with the provisions of this article.

(Ord. No. 094-29, § 28-402, 8-9-94)

(a)

General provisions. All planned development districts shall comply with the following requirements:

(1)

The entire tract shall be under one ownership or control, with the exception of an area subject to expansion of a PD-2 district;

(2)

The site shall have direct access to a major collector or higher classification road as identified in the Stafford County Transportation Plan, with the exception of an area subject to expansion of a PD-2 district; and

(3)

The site shall be served by a public water and a sanitary sewer system, owned and operated by the County of Stafford.

(b)

PD-1 site requirements. In addition to the requirements of subsection (a) above, to be considered for classification as a PD-1 district, the tract of land shall conform to the following requirements:

(1)

The total area for a PD-1 district shall not be less than seventy-five (75), nor greater than five hundred (500) contiguous acres.

(2)

The site shall be located in an area planned for public facilities and public infrastructure such as utilities and roads.

(3)

Soils shall be suitable for urban uses, as determined by the planning commission, based on official soil surveys or other accepted technical data.

(4)

No less than twenty-five (25) percent of the total area of the PD-1 district, exclusive of the areas proposed for commercial uses or parking areas shall be designated as open space for common use.

(5)

No less than ten (10) percent, nor more than thirty (30) percent of the total land area of the PD-1 district shall be dedicated to commercial uses unless all/or portion of the PD-1 district that was to be developed with the commercial use has been reclassified to the P-TND district and the same tract contains transect zones predominantly used for commercial uses, such as but not limited to: T4, T5, T6 and SD-C.

(c)

PD-2 site requirements. In addition to the requirements of subsection (a) of this section, to be considered for classification as a PD-2 district, the tract of land shall conform to the following requirements:

(1)

The total area for a new PD-2 district shall not be less than two hundred fifty (250), nor greater than seven hundred sixty (760) contiguous acres.

(2)

The site shall be located in an area planned for public facilities and public infrastructure such as utilities and roads.

(3)

Soils shall be suitable for urban uses, as determined by the planning commission, based on official soil surveys or other accepted technical data.

(4)

No less than twenty-five (25) percent of the total area of the PD-2 district, exclusive of the areas proposed for commercial uses or parking areas shall be designated as open space for common use.

(5)

No less than ten (10) percent, nor more than thirty (30) percent of the total land area of the PD-2 district shall be dedicated to commercial uses unless all/or portion of the PD-2 district that was to be developed with the commercial use has been reclassified to the P-TND district and the same tract contains transect zones predominantly used for commercial uses such as but not limited to: T4, T5, T6 and SD-C.

(6)

One or more properties may be reclassified to allow for the expansion of an existing PD-2 district, and is exempt from minimum acreage requirements provided the total area of the original PD-2 district and any contiguous expansions do not exceed seven hundred sixty (760) acres, when:

a.

The parcel(s) are adjacent to the original PD-2 district;

b.

The development is compatible with the existing design standards of the original PD-2 district;

c.

The development is compatible with the surrounding community, which shall include integration of streets, blocks, view sheds, landscaping, architectural design, and pedestrian network and site access;

d.

The development will not adversely impact area roads; and

e.

The development will not create additional residential units.

(Ord. No. 094-29, § 28-403, 8-9-94; Ord. No. 000-71, 9-12-00; Ord. No. O07-39, 7-17-07; Ord. No. O17-27, 10-17-17)

(a)

Permitted uses. For the PD-1 district, the permitted uses shall be as set forth in Table 3.1 of article III for PD-1 districts.

(b)

Density and intensity of development. The gross residential density in a PD-1 district shall not exceed seven (7) units per acre. The area used to calculate such density shall not include areas for commercial use. A maximum floor area ratio of 0.45 shall apply to all individual commercial sites within the PD-1 district.

(c)

Townhouse/multifamily residences. No townhouse structure shall contain more than ten (10) units, and no more than two (2) adjacent townhouse unit fronts shall have the same setback. There shall be no other setback requirements except that no townhouse shall be located within thirty-five (35) feet from any private travel lane or public street right-of-way or twenty-four (24) feet of another residential structure of the same type or within seventy-five (75) feet from another residential structure of a different type.

No multifamily structure shall contain more than twenty-four (24) units. There shall be no setback requirements except that no multifamily structure shall be located within thirty-five (35) feet from any public or private street right-of-way or within thirty (30) feet from any other structure of the same type within seventy-five (75) feet of another residential structure of a different type.

Townhouse or multifamily structures shall conform to the following additional requirements:

(1)

Minimum lot width for townhouses shall be twenty (20) feet per unit.

(2)

Minimum lot area shall be as per approved preliminary subdivision plans.

(3)

Parking areas serving townhouses and multifamily uses shall provide landscaping, per the DCSL.

(d)

Single-family/duplex residences. Single-family detached and duplex residential units shall conform to the following requirements:

(1)

Minimum lot width for single-family detached dwellings shall be eighty (80) feet per unit; minimum lot width for duplex structures shall be one hundred (100) feet.

(2)

Minimum lot area shall be as per approved preliminary or construction plans.

(e)

Commercial uses.

(1)

Commercial structures shall not be located within sixty (60) feet of any residential structure;

(2)

No commercial structure shall be located within thirty-five (35) of any public street right-of-way;

(3)

Off-street parking areas for commercial uses within the PD-1 district shall provide landscaping per the DCSL.

(f)

Open space requirements. Development within the PD-1 district shall comply with all the buffering, landscaping and screening requirements of the DCSL.

(Ord. No. 094-29, § 28-404, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 002-25, 9-3-02; Ord. No. O05-33, 12-13-05; Ord. No. O19-15, 5-21-19)

(a)

Permitted uses. For the PD-2 district, the use schedule shall be as set forth in Table 3.1 of Article III for PD-2 districts.

(b)

Density and intensity of development. The total residential density in a PD-2 district, including single-family residences, multifamily residences and commercial apartments, shall not exceed three and twenty-five hundredths (3.25) units per acre. The nonresidential intensity of development on any site shall not exceed a 0.50 floor area ratio.

(c)

Townhouse/multifamily residences. No townhouse structure shall contain more than ten (10) units, and no more than two (2) adjacent townhouse fronts shall have the same front setback. There shall be no side yard requirements except that no townhouse unit shall be located within thirty (30) feet of another residential structure.

Up to fifteen (15) percent of multifamily structures may contain up to twenty-four (24) units; all other multifamily structures shall contain no more than twelve (12) units. There shall be no side yard requirements except that no multifamily structure shall be located within sixty (60) feet of another residential structure.

Townhouse and multifamily units shall conform to the following additional requirements:

(1)

Minimum lot width shall be eighteen (18) feet.

(2)

Minimum front building setback shall be fifteen (15) feet.

(3)

Minimum lot area shall be as per approved preliminary or construction plans as required.

(4)

No more than forty (40) percent of the total units in the development shall be townhouse or multifamily units.

(5)

Accessory townhouse garages (detached) may have zero side yard and zero rear yard setbacks and be up to thirty (30) feet in height if a peaked roof is utilized, notwithstanding section 28-38. Attached and detached townhouse garages shall provide the same rear setback as detached garages where the lot abuts a common access easement at least twenty (20) feet in width.

(d)

Single-family/duplex residences. Single-family detached and duplex residential units shall conform to the following requirements:

(1)

Zero side yard setbacks are permitted on one side of the property; provided, however, that the opposite side yard shall be at least ten (10) feet.

(2)

At no time shall the distance between two (2) structures as dwellings be less than ten (10) feet.

(3)

Minimum lot width per unit shall be forty (40) feet.

(4)

Minimum front building setbacks shall be fifteen (15) feet.

(5)

Minimum rear yard setbacks shall be thirty-five (35) feet, except that attached garages shall provide the same rear setbacks as detached garages where the lot abuts a common access easement at least twenty (20) feet in width.

(6)

Minimum lot area shall be four thousand (4,000) square feet per dwelling unit.

(7)

Maximum unit height shall be thirty-five (35) feet.

(e)

Commercial uses. Commercial uses shall conform to the following requirements:

(1)

Minimum front building setbacks shall be eight (8) feet or immediately behind the street sidewalk if the sidewalk is in the street right-of-way.

(2)

Minimum lot area and width shall be as per approved preliminary or construction plans.

(3)

Minimum side yard setbacks shall be as per approved construction plans.

(4)

The total amount of land proposed for commercial uses, including accessory uses such as parking areas, shall not be less than five (5) percent nor exceed thirty-five (35) percent of the total gross area of the development, excluding that area within the perimeter buffer area.

(5)

The following outside structures and goods shall be screened from view from any public right-of-way: Trash receptacles, air conditioning and heating units, loading areas, large work area doors, open work bays and inventory stored outside.

(6)

Sidewalks, a minimum of eight (8) feet wide and parallel to the curb of the street, shall be required in all commercial areas of the district.

(f)

Commercial apartments. Residential apartments shall be allowed as accessory uses to commercial establishments; provided that:

(1)

The total height of the structure shall not exceed the height limitations contained in Table 3.1 for commercial structures; and

(2)

Each residential unit has a building access other than the access designated for the commercial establishment; and

(3)

Each residential unit adheres to all appropriate state and county codes.

(g)

Residential/commercial location. No residential structure shall be constructed at a distance greater than one thousand three hundred twenty (1,320) linear feet, measured in a straight level line regardless of topography or street patterns, from at least one planned or existing civic building, such as a school, church, or recreation facility, or a commercial use. Commercial uses located within residential sections shall be located centrally within the neighborhood and maintain the character of a neighborhood center.

(h)

Open space requirements. Development within the PD-2 shall comply with all the buffering, landscaping and screening requirements per the DCSL, except for section 110.3, Transitional buffers. The following open space requirements shall be met:

(1)

A type C transitional buffer, per the DCSL shall be established along all perimeter property lines of the development, except where the perimeter property line of the PD-2 district abuts a public street, and as provided below.

(2)

A type C transitional buffer, per the DCSL shall be established along perimeter lines of the development that adjoins land designated as agriculture or rural residential in the land use plan.

(3)

A type A transitional buffer, per the DCSL shall be established along perimeter property lines of the development that adjoins lands zoned as PD-1 or PD-2.

(4)

No commercial establishment within a PD-2 district shall be located within fifty (50) feet of a perimeter boundary of the PD-2 district which adjoins lands zoned for residential or agricultural use. No development or clearing, grading or construction activity, other than for any public utility construction or providing road access, shall be permitted in any buffer area; except the buffer area established along major collector or higher classification streets may be cleared and replaced with landscaping. No impervious surfaces, including structures, parking or roadways are permitted in this area, except for access authorized herein and pedestrian or bicycle trails and access. No less than fifteen (15) percent of the total internal area shall be designated as open space for common usage; except that the area of the undisturbed buffer, parking areas, and land proposed for commercial use shall not be included in the calculation of open space acreage. No less than ten (10) percent of the total open space shall be landscaped. No less than five (5) percent of the total open space or twenty (20) acres, whichever is greater, shall be designated to public or community use.

(i)

Architectural design controls. Examples of typical street sections, including building setbacks, architectural styles of buildings and lot widths shall be submitted to the director of planning for review at the time of submission of subdivision plans. Street trees are required in commercial areas of the district. All street trees planted within the commercial area shall conform to the following criteria:

(1)

Plantings shall be in sequence with a uniform spacing of no greater than fifty (50) feet on center.

(2)

Tree types (species) shall be those that provide a high canopy so as not to inhibit pedestrian or vehicular vision lines of movement and shall be submitted to the director of planning for review.

(3)

Street lighting is required in commercial and residential areas. Typical styles of all street lighting fixtures to be used shall be submitted to the planning director or his designee to review for consistency with overall architectural design of the development. Street trees and street lighting shall be maintained by the homeowners or business association.

(4)

On-street parallel parking shall be permitted in PD-2 districts. The number of parking spaces required for off-street parking requirements specified in article VII of this chapter shall be required, except that all on-street parallel parking spaces provided shall count towards the off-street parking requirements and shall be located within one hundred fifty (150) feet of the dwelling they are intended to serve or within three hundred (300) feet if the dwelling is provided with two (2) on-site parking spaces or garage. Parking spaces in garages on individual residential lots shall count toward off-street parking requirements where additional storage space is provided in the garage. Where on-street parking is provided, a minimum of two (2) travel lanes shall be required in addition to that necessary to accommodate on-street parallel parking.

(5)

Buffer yards and landscaping may only be located within street right-of-way with approval of the Virginia Department of Transportation.

(Ord. No. 094-29, § 28-405, 8-9-94; Ord. No. 003-29, 6-17-03; Ord. No. O05-33, 12-13-05; Ord. No. O16-10, 10-18-16; Ord. No. O17-27, 10-17-17; Ord. No. O19-15, 5-21-19)

(a)

Application procedure. In addition to the requirements of article XII, whenever a tract of land meets the minimum requirements for classification as PD-1, PD-2, or P-TND as stipulated herein, the owner may file an application with the planning director requesting rezoning one of these classifications. A preliminary conference with staff for the office of planning prior to the filing is required. The applicant shall furnish twenty (20) copies of the general development plan for the development with the application. The general development plan shall be prepared by qualified individuals, as defined in article XIII of this chapter, and shall be at least of a scale of one inch equals two hundred (200) feet. In addition to the requirements of the generalized development plan stipulated in article XIII, at a minimum the following information shall be submitted:

(1)

A list giving the names, mailing addresses and assessor's parcel numbers for all adjoining property owners, including those immediately across the road.

(2)

A delineation of the approximate location of proposed uses within the development, the location and names of adjacent subdivisions, and the location and size in acres of proposed parks, school sites, common open areas, and any other land proposed for community use. Location, size, and total area of all proposed parks, playgrounds shall follow the adopted county guidelines for parks and recreation facilities.

(3)

Clear delineation of all sections, stages or phases of development along with data as to the order and timing of development.

(4)

A transportation plan delineating the collector or higher classification streets, all proposed pedestrian and bicycle travel ways, excluding sidewalks and all proposed connections external to the district. Submission of a report that responds to the criteria established in the county's transportation impact statement guidelines shall be required.

(5)

A utility plan showing the existing and proposed utility infrastructure for the specific project and adjacent planned service areas. The plan shall delineate all proposed pump stations, water towers, and the identification of all proposed easements. Supportive documentation shall be provided that includes the project's ultimate utility requirements and compliance with the county's utility plans.

(6)

A preliminary stormwater management analysis that identifies proposed stormwater management techniques to be utilized. The analysis shall include preliminary stormwater runoff calculations for existing and proposed conditions, including estimates of impervious surface areas and nonpoint source pollutants based on average land cover calculations for the watershed area.

(7)

An environmental inventory plan that discusses the following types of geographic features and any additional environmentally sensitive features which may be located on the site:

a.

Any "blue line" stream on the U.S.G.S. Topographic Quadrangle Maps.

b.

Topography using five-foot contour intervals.

c.

Slopes greater than twenty-five (25) percent.

d.

Tidal and nontidal wetlands.

e.

Land within the 100-year floodplain.

f.

Cemeteries.

g.

Historic sites and structures.

h.

Soil types.

i.

Tree types (deciduous or conifer) and tree coverage area.

j.

Wildlife habitats of all threatened or endangered species.

(b)

Submission requirements

(1)

Except for a P-TND, the applicant shall provide tables showing figures for the total acreage devoted to each of the following uses: Single-family detached residences, duplexes, townhouses, multifamily residences (separating out commercial apartments), schools, parks, open space, streets, parking and commercial use. Data indicating the total commercial square footage proposed, the overall density of the development, and the density of each section shall be provided.

(2)

For P-TND, the applicant shall provide;

i.

Twenty (20) copies of a regulating plan showing the following features:

1.

Transect zone(s).

2.

Primary roads.

3.

Civic building and uses.

4.

Pedestrian shed(s).

5.

Primary commercial frontage(s).

6.

Vista termination(s).

ii.

Twenty (20) copies of the neighborhood design standards showing the following features:

1.

Architecture features specific to the development for each type of building within each transect zone.

2.

Elements to building construction specific to the development for each type of building within each transect zone.

3.

Streetscape and landscape scheme that is not required per this chapter for each transect zone.

4.

Lighting plan and details on the type of light fixtures to be used for each transect zone.

(c)

Review procedures. Upon receipt of an application for a planned development district classification, the planning commission and the board of supervisors shall advertise and hold public hearings as required by this chapter for the rezoning of property.

(d)

Fees. Fees for the application to rezone to a planned development district shall follow the fee schedule established by the board of supervisors.

(e)

Effect of approval. Upon approval of the complete application submitted under this section, the applicant shall have one hundred twenty (120) days in which to submit a preliminary subdivision/site development plan for the entire development. All final plans must comply with the stipulations and concepts approved by the board of supervisors during the rezoning, and all future development within the P-TND district shall be in conformance with the applicable generalized development plan approved by the board of supervisors at the time of rezoning, except for property zoned P-TND prior to November 13, 2014. The approval of the initial application package by the board of supervisors shall in no manner obligate the county to approve any final plan. The final plan shall be prepared and submitted in accordance with the requirements of article XIV, Site Plans, of this chapter.

(f)

Major change of development plan. Except in accordance with subsection (g) below for a P-TND, a proposed change to the approved preliminary subdivision/site development plan for the entire development shall be considered as a major change of development plan and shall comply with article XII. The following shall constitute a major change of development plan:

(1)

Proposed change of unit type within any section of the development.

(2)

Proposed change of street configuration affecting external street circulation and traffic patterns.

(3)

Proposed change of use of structures.

(4)

Proposed elimination of recreation facilities.

(g)

Technical modifications or adjustments to the regulating plan or neighborhood design standards for P-TND.

(1)

Technical modifications or adjustments to the regulating plan in accordance with subsection (b)(2) above may be approved by the director of planning provided:

a.

The technical modification or adjustment for the shifting of a boundary of a transect zone, provided the shifting does not result in the relocation or switching of transect zones and does not increase the approved density for the transect zones which are being adjusted; or

b.

Due to changes in the County Code or technical engineering the location of a primary road or civic building and use may be shifted, provided the boundaries of the pedestrian shed is not altered.

c.

The director of planning shall render a decision in writing within thirty (30) days from the date of receiving the request as to whether the request is a technical modification to the Regulating Plan.

(2)

Modifications or adjustments to the Neighborhood Design Standards in accordance with subsection (b)(3) above may be approved by the director of planning provided:

a.

A letter has been submitted to the director of planning requesting the approval to the modifications or adjustment; and

b.

The specific features of the neighborhood design standards that are being modified or adjusted is described; and

c.

Justification as to why the originally planned feature needs to be modified or adjusted; and

d.

The modified or adjusted feature.

e.

The director of planning shall respond in writing within thirty (30) days from the date the request has been received.

(Ord. No. 094-29, § 28-406, 8-9-94; Ord. No. O07-39, 7-17-07; Ord. No. O14-33, 11-13-14; Ord. No. O15-24, 9-1-15)

(a)

Definitions [44 C.F.R. § 59.1]. For the purposes of this section 28-57, the following words and phrases shall have the meanings respectively ascribed to them by this section; provided that unless specifically defined below, words and phrases used in this section shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this section its most reasonable application:

Accessory building or accessory structure. A non-residential structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Accessory structures are not to exceed six hundred (600) square feet.

Base flood elevation. The FEMA designated one (1) percent annual chance water surface elevation and the elevation determined per County Code subsection 28-57(q)(3). The water surface elevation of the base flood in relation to the datum specified on the county's FIRM.

Basement. Any area of the building having its floor sub-grade (below ground level) on all sides.

Board of zoning appeals. The board of zoning appeals as established in Article XIX of Chapter 28 of this Code.

Building. See the definition for "structure."

Coastal A Zone. Flood hazard areas that have been delineated as subject to wave heights between one and one-half (1.5) feet and three (3) feet.

Community means any state or area or political subdivision thereof, or any Indian tribe or authorized tribal organization, or Alaska Native village or authorized native organization, which has authority to adopt and enforce flood plain management regulations for the areas within its jurisdiction. For most purposes in this section 28-57(a), it is synonymous with the term "locality." Stafford County, Virginia, is specifically referred to herein as the "county."

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

Elevated building. A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

Existing construction. Structures for which the start of construction commenced before the effective date of the FIRM or before January 1, 1975 for FIRMs effective before that date. Existing construction may also be referred to as an "existing structure" or "pre-FIRM".

FEMA. Federal Emergency Management Agency.

Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source.

Floodplain administrator. The county administrator or his designee(s) responsible for administering the floodplain ordinance on behalf of the county.

Floodproofing. Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Freeboard. A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. This term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Manufactured home park or subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale.

Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or the North American Vertical Datum (NAVD) of 1988 to which base flood elevations shown on a community's FIRM are referenced.

New construction. For the purposes of determining insurance rates and floodplain management, new construction means structures for which the start of construction commenced on or after November 19, 1980, and includes any subsequent improvements to such structures.

Post-FIRM structures. A structure for which construction or substantial improvement occurred on or after November 19, 1980.

Pre-FIRM structures. A structure for which construction or substantial improvement occurred before November 19, 1980.

Primary frontal dune. A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms.

Principal building or structure. Shall have the same meaning as is provided for that term in the zoning ordinance as amended from time to time.

Recreational vehicle. A vehicle which is:

(i)

Built on a single chassis;

(ii)

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

(iii)

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

(iv)

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

Repetitive loss structure. A building covered by a flood insurance contract that incurred flood-related damages on two (2) occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded twenty-five (25) percent of the market value of the building at the time of each flood event; and at the time of the second incidence of flood-related damage, the contract for flood insurance contains increased cost of compliance coverage.

Severe repetitive loss structure. A structure that:

(a)

Is covered under a flood insurance contract made available under the NFIP; and

(b)

Incurred flood related damage:

(i)

For which four (4) or more separate claims payments have been made under flood insurance coverage with the amount of each such claim exceeding five thousand dollars ($5,000.00), and with the cumulative amount of such claims payments exceeding twenty thousand dollars ($20,000.00); or

(ii)

For which at least two (2) separate claims payments have been made under such coverage, with the cumulative amount of such claims exceeding the market value of the insured structure.

Structure. For floodplain management purposes, a walled and roofed building, that is principally above ground, including a gas or liquid storage tank, as well as a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred; or flood-related damages sustained by a structure on two occasions in a 10-year period, in which the cost of the repair, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure at the time of each such flood event.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, when added to any reconstruction, rehabilitation, addition, or other improvement of a structure made during a rolling 5-year period, the total cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred repetitive loss or substantial damage regardless of the actual repair work performed. The term does not however include:

(i)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions;

(ii)

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure; or

(iii)

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement, must comply with all requirements of this section that do not preclude the structure's continued designation as a historic structure. Documentation that a specific requirement will cause removal of the structure from the National Register of Historic Places or the state inventory of historic places must be obtained from the Secretary of the Interior or the state historic preservation officer. Any exemption from this section's requirements shall be the minimum necessary to preserve the historic character and design of the structure.

Variance means a grant of relief by the board of zoning appeals from the terms of a floodplain management regulation.

Violation. The failure of a structure or other development to comply with this section. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required under this section is presumed to be in violation until such time as that documentation is provided to the floodplain administrator.

Watercourse. A lake, river, creek, stream, wash, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(b)

Statutory authorization and purpose [44 C.F.R. § 59.22(a)(2)]. This section is adopted pursuant to Virginia Code § 15.2-2200 et seq. in order to satisfy the requirements of the National Flood Insurance Program (NFIP).

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

(1)

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

(2)

Restricting or prohibiting certain uses, activities and development from locating within districts subject to flooding;

(3)

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

(4)

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

(c)

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

(d)

Compliance and liability.

(1)

No land shall be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with this section and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this section.

(2)

The degree of flood protection sought by this section is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study, but does not imply total flood protection. Flood elevations may increase by manmade or natural causes, such as ice jams and debris, restricted bridge openings. This section does not imply that areas outside the floodplain district or land uses permitted within such district will be free from flooding or flood damages.

(3)

This section shall not create any liability on the part of the county or any county officer or employee for any flood damages that result from reliance on this section or any administrative decision lawfully made under this section.

(e)

Records [44 C.F.R. § 59.22(a)(9)(iii)]. Records of actions associated with administering this section shall be kept on file and maintained by or under the direction of the floodplain administrator in perpetuity.

(f)

Abrogation and greater restrictions [44 C.F.R. § 60.1(b)].

(1)

The regulations contained in this section 28-57 take precedence over any less restrictive conflicting local laws, ordinances, or codes.

(2)

The regulations contained in this section 28-57 are not intended to repeal or abrogate any existing ordinances including subdivision regulations, zoning ordinances, or building codes. In the event of a conflict between the regulations contained in this section 28-57 and any other ordinance, the more restrictive shall govern.

(g)

Severability. If any subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this section. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this section are declared to be severable.

(h)

Penalty for violations [44 C.F.R. § 60.2(e)].

(1)

Any person who fails to comply with any of the requirements of this section, the direction, discussion, or order of the floodplain administrator or any authorized employee of the county shall be guilty of the appropriate violation and subject to the penalties therefore.

(2)

The Virginia Uniform Statewide Building Code addresses building code violations and the associated penalties in Section 104 and Section 115. Violations and associated penalties of the zoning ordinance are addressed in county Code Chapter 28, Article XVII.

(3)

In addition to the above penalties, all other actions are reserved, including an action for an injunction for the proper enforcement of this section. The imposition of a fine or penalty for any violation of, or noncompliance with, this section shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations within a reasonable time. Any structure constructed, reconstructed, enlarged, altered, or relocated in noncompliance with this section is subject to this subsection (h). Flood insurance may be withheld from structures constructed in violation of this section.

(i)

Designation of the floodplain administrator [44 C.F.R. § 59.22(b)]. The floodplain administrator is appointed to administer and implement this section 28-57. The floodplain administrator may:

(1)

Review applications for permits to determine whether proposed activities will be located in the special flood hazard area (SFHA).

(2)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(3)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(4)

Review applications to determine whether all necessary permits have been obtained from federal, state or county departments or agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair or alteration of a dam, reservoir or waterway obstruction (including bridges, culverts or structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the 100-year frequency floodplain of free-flowing non-tidal waters of the state.

(5)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies such as Virginia Department of Environmental Quality (VADEQ) and United States Army Corps of Engineers (USACE), and have submitted copies of such notifications to FEMA.

(6)

Advise applicants for new construction or substantial improvement of structures that are located within an area of the Coastal Barrier Resources System established by the Coastal Barrier Resources Act that federal flood insurance is not available on such structures; areas subject to this limitation are shown on FIRMS as Coastal Barrier Resource System Areas (CBRS) or Otherwise Protected Areas (OPA).

(7)

Approve applications and issue permits to develop in flood hazard areas if the provisions of this section are met, or disapprove applications if the provisions of this section are not met.

(8)

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with this section, if noncompliance has occurred, or violations have been committed.

(9)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(10)

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the county, within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(11)

Maintain and permanently keep records that are necessary for the administration of this section, including:

a.

Flood insurance studies, FIRMS (including historic studies and maps and current effective studies and maps), and LOMC; and

b.

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been floodproofed, inspection records, other required design certifications, variances, and records of enforcement actions taken to correct violations of this section.

(12)

Enforce this section, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(13)

Advise the board of zoning appeals regarding the intent of this section and, for each variance application, prepare a staff report and recommendation.

(14)

Administer the requirements related to proposed work on existing buildings.

a.

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

b.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the noncompliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(15)

Undertake other actions which may include, but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state and local agencies to assist with substantial damage determinations; providing county departments and owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

(16)

Notify FEMA when the jurisdictional boundaries of the county have been modified and:

a.

Provide a map that clearly delineates the new boundaries or the new area for which the authority to regulate pursuant to this section has been assumed or relinquished through annexation; and

b.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in this section, prepare amendments to this section to adopt the FIRM and appropriate requirements, and submit the amendments to the board of supervisors for its consideration; such consideration shall take place at the same time as or prior to the date of annexation and a copy of the amended regulations shall be provided to Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(17)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(18)

It is the duty of the floodplain administrator to take in to account flood, mudslide, and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the entire jurisdiction of the county, whether or not those hazards are specifically delineated geographically (e.g., via mapping or surveying).

(k)

[44 C.F.R. § 60.3]. Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts, including special flood hazard areas, floodplain boundaries, and floodway boundaries, shall be made by the floodplain administrator. Should a dispute arise concerning the boundaries of any of the floodplain districts, the board of zoning appeals shall make the necessary determination. Any person who disputes the location of district boundary shall be given a reasonable opportunity to present the case to the board of zoning appeals and to submit technical evidences if so desired. The following principles shall apply to the use and interpretation of FIRMs and data:

(1)

Where field surveyed topography indicates that adjacent ground elevations:

a.

Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of these regulations; or

b.

Are above the base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the SFHA.

(2)

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified SFHAs, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(3)

Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(4)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(5)

If a preliminary FIRM and/or a preliminary flood insurance study is provided by FEMA:

a.

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided by FEMA for the purposes of administering this section.

b.

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to county Code subsection 28-57(q)(3) and used where no base flood elevations and/or floodway areas are provided on the FIRM.

c.

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change by and/or appeal to FEMA.

(l)

Jurisdictional boundary changes [44 C.F.R. § 59.22, 65.3].

(1)

The county floodplain provisions in effect on the date of annexation or a boundary adjustment shall go into effect and shall be enforced by the county for all areas added to the jurisdiction of the county upon the effective date of the annexation or boundary adjustment.

(2)

The floodplain administrator shall notify FEMA and the Virginia Department of Conservation and Recreation Division of Dam Safety and Floodplain Management in writing whenever the boundaries of the county are modified by annexation or boundary adjustment or the county otherwise assumes or is no longer authorized to adopt and enforce floodplain management regulations for a particular area. Such written notification shall include a copy of a map of the county suitable for reproduction, clearly delineating the new jurisdictional limits or new area for which the county assumesor relinquishes floodplain management regulatory authority.

(m)

District boundary changes. Upon FEMA approval, the he delineation of any of the floodplain districts may be revised by the county where natural or manmade changes have occurred, where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, and/or an individual documents the need for such change.

(n)

Reserved.

(o)

Submitting model backed technical data [44 C.F.R. § 65.3]. The county's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but no later than six (6) months after the date such information becomes available, the floodplain administrator shall notify FEMA of the changes by submitting technical or scientific data.

(p)

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

Examples:

(1)

Any development in the floodway that causes a rise in the base flood elevations.

(2)

Any development occurring in Zones A1—30 and AE without a designated floodway, which will cause a rise of more than one foot in the base flood elevation.

(3)

Alteration or relocation of a stream including but not limited to installing culverts and bridges.

(q)

Establishment and description of special flood hazard districts [44 C.F.R. § 59.1,60.3]. The Flood Hazard (FH) Overlay District shall consist of the SFHA. The basis of delineation of SFHAs shall be the FIRM and FIS for the county prepared by the FEMA, dated June 21, 2023, and any subsequent revisions or amendments.

In the event that the county identifies and regulates local flood hazard or ponding areas that are not delineated on the FIRM, these areas may be delineated on a local flood hazard map using best available topographic data and locally-derived information such as flood of record, historic high water marks or approximate study methodologies.

The boundaries of the SFHA are established as shown on the FIRM, which is incorporated in and a part of this section and which shall be kept on file at the county

(1)

The floodway district is in an AE Zone and is delineated, for purposes of this section, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one (1) percent annual chance flood without increasing the water surface elevation of that flood by more than one (1) foot at any point. The areas included in this district are specifically defined in Table 23 of the above-referenced FIS and shown on the accompanying FIRM.

The following shall apply within the floodway districts of an AE zone [44 C.F.R. § 60.3(d)]:

a.

Within any floodway area, no encroachments, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis, performed in accordance with standard engineering practice, that the proposed encroachment will not result in any increase in flood levels within the county during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, and/or computations shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies with the county's endorsement for a CLOMR, and receives FEMA approval.

If county Code subsection 28.57(q)(1)a. is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of county Code subsections 28-57(s), (t) and (u).

b.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation, and encroachment standards are met.

(2)

The AE Zone shall be those areas for which the FIRM and the FIS have established one percent annual chance flood elevations. The following provisions shall apply within an AE Zone where floodway has not been delineated. [44 C.F.R. § 60.3(c)]:

a.

Along rivers, streams, and other watercourses where FEMA has provided base flood elevations, until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the county.

b.

Development activities in Zone AE, on the county's FIRM which increase the water surface elevation of the base flood by more than one (1) foot may be allowed; provided that, the applicant first applies with the county's endorsement for a CLOMR, and receives the approval of FEMA.

(3)

The A Zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply [44 C.F.R. § 60.3(b)]:

The approximated floodplain district shall be that floodplain area for which no detailed flood profiles or elevations are provided, but where a 100-year floodplain boundary has been approximated. Such areas are shown as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from federal, state, and other acceptable sources shall be used, when available. Where the specific one percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers Floodplain Information Reports, U.S. Geological Survey Flood-Prone Quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted non-detailed technical concepts, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analyses, and/or computations shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to or above the base flood level by three (3) feet.

During the permitting process, the floodplain administrator shall obtain:

a.

The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and

b.

If the structure was flood-proofed in accordance with this section, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is less.

(4)

The AO Zone on the FIRM accompanying the FIS shall be those areas of shallow flooding identified as AO on the FIRM. For these areas, the following provisions shall apply [44 C.F.R. § 60.3(c)]:

a.

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM.

If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above the highest adjacent grade.

b.

All new construction and substantial improvements of nonresidential structures shall:

1.

Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or

2.

Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

Adequate drainage paths around structures on slopes shall be provided to guide floodwaters around and away from proposed structures.

(5)

The Coastal A Zone shall be those areas, as defined by the USBC, that are subject to wave heights between one and one-half (1.5) feet and three (3) feet. In the Coastal A Zone, the floodplain development and building standards for VE Zones shall apply. When the limits of moderate wave action (LiMWA) line is shown on the effective FIRM, the Coastal A Zone can be identified as the AE Zone areas seaward of the LiMWA line.

(6)

The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are known as coastal high hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast. For these areas, the following provisions shall apply [44 C.F.R. § 60.3(e)]:

a.

All new construction and substantial improvements, including manufactured homes, in Zones V and VE (VE if base flood elevation is available) shall be elevated on pilings or columns so that:

1.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level plus three (3) feet; and

2.

The pile or column foundation and structure attached to it is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being equaled or exceeded in any given year (one percent annual chance).

b.

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the requirements of county Code subsection 28-57(q)(5)a.

c.

The floodplain administrator shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V and VE. The floodplain administrator shall maintain a record of all such information.

d.

All new construction shall be located landward of the reach of mean high tide.

e.

All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood-lattice work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system.

For the purpose of this subsection, a breakaway wall shall have a design safe loading resistance of not less than ten (10) and no more than twenty (20) pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by county ordinance) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

1.

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

2.

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one (1) percent chance of being equaled or exceeded in any given year.

f.

The enclosed space below the lowest floor shall be used solely for vehicle parking, building access or storage. Such space shall not be partitioned into multiple rooms, temperature-controlled, or used for human habitation.

g.

The use of fill for structural support of buildings is prohibited. When non-structural fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a development permit.

h.

The manmade alteration of sand dunes, which would increase potential flood damage, is prohibited.

(7)

The mapped floodplain includes all of the above regions and also the regions designated as having a two-tenths (0.2) percent annual chance of flooding on a flood map or flood insurance study. In the mapped floodplain, no emergency service, medical service, governmental records storage shall be allowed except by exceptions using the variance process.

(r)

Overlay concept.

(1)

The FH Overlay District shall be overlays to the existing underlying districts as shown on the county's zoning map. As such, the provisions for the floodplain districts shall serve as a supplement to the underlying zoning district provisions.

(2)

If there is any conflict between the provisions or requirements of the FH Overlay District and those of any underlying zoning district, the more restrictive provisions shall apply.

(3)

If any provision concerning the FH Overlay District is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(s)

Permit and application requirements in floodplain districts [44 C.F.R. § 59.22, 60.2, and 60.3].

(1)

Permit requirement.

a.

All uses, activities and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit.

b.

Such development shall be undertaken only in strict compliance with the this section and with all other applicable codes and ordinances, including, but not limited to, USBC and County Code chapter 22. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws, and shall review all sites to assure they are reasonably safe from flooding.

c.

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

(2)

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

a.

The elevation of the base flood at the site.

b.

For structures to be elevated, the elevation of the lowest floor (including basement) or, in V Zones, the lowest horizontal structural member.

c.

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

d.

Topographic information showing existing and proposed ground elevations at the datum of the FIRM.

(t)

General standards. The following shall apply to all permits:

(1)

New construction and substantial improvements shall be according to county Code subsection 28-57(q) and the USBC, and anchored to prevent flotation, collapse or lateral movement of the structure. In addition to the USBC requirements, structures shall have the lowest floor, including basement, elevated to or above the base flood level plus three (3) feet. The USBC building standards for VE Zones shall apply to Coastal AE Zones.

(2)

Manufactured homes shall be anchored to prevent flotation, collapse or lateral movement. Anchoring methods include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

(3)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4)

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5)

Electrical systems, equipment and components; heating, ventilation, air conditioning; plumbing, appliances and plumbing fixtures; duct systems; and other service equipment shall be located at or above the base flood level plus three (3) feet. If replaced as part of a substantial improvement, electrical systems, equipment and components; heating, ventilation, air conditioning and plumbing appliances and plumbing fixtures; duct systems; and other service equipment shall meet the requirements of this section. Systems, fixtures, and equipment and components shall not be mounted on or penetrate through walls intended to break away under floods.

Exception: Locating electrical systems, equipment and components; heating, ventilating, air conditioning; plumbing appliances and plumbing fixtures; duct systems; and other service equipment is permitted below the base flood level provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the design flood elevation in accordance with American Society of Civil Engineers Standard 24. Electrical wiring systems are permitted to be below the required elevation provided they conform to the provisions of the electrical part of the Virginia commercial or residential building code for wet locations, as adopted by the county.

(6)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

(8)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

In addition to provisions (t)(1)—(7) of this section in all special flood hazard areas, the additional provisions shall apply:

(9)

Prior to any proposed alteration or relocation of any channels or of any watercourse and/or stream, within this jurisdiction a permit shall be obtained from the USACE, the VADEQ, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations). Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the Virginia Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), other required agencies, and FEMA.

(10)

The flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(11)

The floodplain administrator may at his discretion issue, in writing, an administrative exception for specified uses and activities in the Coastal A and coastal high hazard areas. The floodplain administrator must find that the placement of fill material for the proposed activity or use would not create a flood hazard or contribute to increased flood elevations of off-site properties. The applicant requesting an administrative exception shall provide sufficient information, plans, and drawings for the floodplain administrator to determine that there would be no flood hazard impacts. The following uses and activities may be permitted, by administrative exception, in the Coastal A and coastal high hazard areas:

a.

Water-dependent uses and activities associated with tidal water bodies, such as marinas, docks, wharves and piers; and

b.

Shoreline protection measures where the maximum elevation of the structure or fill does not exceed the base flood elevation.

(u)

Elevation and construction standards [44 C.F.R. § 60.3].

(1)

In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional in accordance with county Code subsection 28-57(q)(3), the following provisions shall apply:

a.

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in Zones AE (except Coastal A Zones), and A with detailed base flood elevations shall have the lowest floor, including basement, elevated to or above the base flood level plus three (3) feet. See county Code subsections 28-57(q)(4), (5), (6), and (7) for the requirements in the AO, Coastal A, VE and V Zones. Recreational amenities constructed in residential developments such as tennis courts, basketball courts, and similar court facilities, sports fields, tot lots, and playgrounds shall meet the same elevation requirement as for residential construction contained in this subsection.

b.

Nonresidential construction. New construction or substantial improvement of any commercial, industrial or nonresidential building (or manufactured home) shall have the lowest floor, including basement, elevated to or above the base flood level plus three (3) feet. See subsections 28-57(q)(4), (5), (6), and (7) for requirements in the AO, Coastal A, VE and V Zones. Buildings located in all AE (except Coastal A Zones), and A Zones may be floodproofed in lieu of being elevated, provided that all areas of the building components below the elevation corresponding to the BFE plus three (3) feet are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by floodplain administrator.

c.

Space below the lowest floor. In Zones A, AE, and AO, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

1.

Not be designed or used for human habitation, but shall only be used for vehicle parking, building access, or limited storage of maintenance equipment used in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for vehicle parking (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator);

2.

Be constructed entirely of flood-resistant materials below the regulatory flood protection elevation;

3.

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must be certified by a professional engineer or architect, or meet the following minimum design criteria:

(i)

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding;

(ii)

The total net area of all openings must be at least one square inch for each square foot of enclosed area subject to flooding;

(iii)

If a building has more than one enclosed area, each area must have openings to allow floodwaters to automatically enter and exit;

(iv)

The bottom of all required openings shall be no higher than one foot above the adjacent grade;

(v)

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and

(vi)

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

d.

Accessory structures. Accessory structures in the SFHA shall comply with the elevation requirements and other requirements of County Code subsection 28-57(u)(1)b or, if not elevated or dry floodproofed, shall:

1.

Not be used for human habitation;

2.

Be limited to no more than six hundred (600) square feet in total floor area;

3.

Be useable only for parking of vehicles or limited storage;

4.

Be constructed with flood damage-resistant materials below the base flood elevation;

5.

Be constructed and placed to offer the minimum resistance to the flow of floodwaters;

6.

Be anchored to prevent flotation;

7.

Have electrical service and mechanical equipment elevated to or above the base flood elevation; and

8.

Shall be provided with flood openings which shall meet the following criteria:

(i)

There shall be a minimum of two (2) flood openings on different sides of each enclosed area; if a structure has more than one (1) enclosure below the lowest floor, each such enclosure shall have flood openings on exterior walls.

(ii)

The total net area of all flood openings shall be at least one (1) square inch for each square foot of enclosed area (non-engineered flood openings), or the flood openings shall be engineered flood openings that are designed and certified by a licensed professional engineer to automatically allow entry and exit of floodwaters; the certification requirement may be satisfied by an individual certification or an Evaluation Report issued by the ICC Evaluation Service, Inc.

(iii)

The bottom of each flood opening shall be one (1) foot or less above the higher of the interior floor or grade, or the exterior grade, immediately below the opening.

(iv)

Any louvers, screens or other covers for the flood openings shall allow the automatic flow of floodwaters into and out of the enclosed area.

9.

A signed Declaration of Land Restriction (Non-Conversion Agreement) shall be recorded with respect to the property in the land records of Stafford County Circuit Court.

e.

Standards for manufactured homes and recreational vehicles.

1.

All manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in county Code subsections 28-57(t) and (u).

2.

All recreational vehicles placed on sites must either:

(i)

Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed, and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached additions); or

(ii)

Meet all the requirements for manufactured homes in county Code subsection 28-57(u)(1)e.1.

(v)

Standards for subdivision proposals.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage.

(2)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

(3)

All subdivision proposals shall have adequate drainage to reduce exposure to flood hazards.

(4)

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is less.

(w)

Existing structures in floodplain areas. A structure or use of a structure or premises which lawfully existed before the enactment of Ordinance No. O23-09, but which is not in conformity with this section, may be continued subject to the following conditions:

(1)

Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.

(2)

Any modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain areas to an extent or amount of less than fifty (50) percent of its market value shall conform to the USBC and the applicable provisions of this section, and;

a.

The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use located in any floodplain areas, when added to all of the modifications, repairs, reconstruction or improvements made during a rolling 5-year period shall not constitute fifty (50) percent of the structure's value.

(3)

The modification, alteration, repair, reconstruction or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value or a substantial improvement shall be undertaken only in compliance with this section and shall require the entire structure to conform to the USBC.

(x)

Variances: Factors to be considered [44 C.F.R. § 60.6].

(1)

Variances shall be issued only upon: (i) a showing of good and sufficient cause; (ii) after the board of zoning appeals determines that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) after the board of zoning appeals determines that the granting of such variance will not result in: (a) unacceptable or prohibited increases in flood heights; (b) additional threats to public safety; (c) extraordinary public expense; and will not: (d) create nuisances; (e) cause fraud or victimization of the public; or (f) conflict with county Code or county ordinances.

(2)

While the granting of variances generally is limited to a lot size less than one-half acre, deviations from that limitation may be granted. However, as the lot size increases beyond one-half acre, the technical justification required for issuing a variance increases. The board of zoning appeals for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, in conformance with this section.

(3)

The board of zoning appeals may issue variances for new construction and substantial improvements and for other development necessary for the conduct of a functionally-dependent use provided that the criteria of this section are met, and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

(4)

In considering variance applications, the board of zoning appeals shall consider all relevant provisions of County Code chapter 28 and the following factors:

a.

The danger to life and property due to increased flood heights or velocities caused by encroachments. No variance shall be granted for any proposed use, development, or activity within any floodway district that will cause any increase in the 100-year flood elevation.

b.

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

c.

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

d.

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner(s).

e.

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

f.

The requirements of the facility for a waterfront location.

g.

The availability of alternative locations that are not subject to flooding.

h.

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

i.

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

j.

The safety of access by ordinary and emergency vehicles to the property during a flood.

k.

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

l.

The historic nature of a structure. The board of zoning appeals may grant variances for repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

m.

No variance shall be granted for an accessory structure exceeding six hundred (600) square feet.

n.

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

(5)

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

(6)

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

(7)

The board of zoning appeals may issue a variance after it determines that the variance will be the minimum required to provide the requested relief.

(8)

The board of zoning appeals shall notify the applicant for a variance, in writing that the issuance of a variance to construct a structure below the 100-year flood elevation: (a) increases the risks to life and property; and (b) will result in increased premium rates for flood insurance.

(9)

A record shall be maintained of the above notification as well as all variance actions, including justification for the issuance of the variances. Any variances that the board of zoning appeals issues shall be noted in the annual or biennial report submitted to the FEMA.

(Ord. No. 094-29, § 28-407, 8-9-94; Ord. No. 099-41, 7-13-99; Ord. No. 099-76, 11-16-99; Ord. No. O04-63, 12-7-04; Ord. No. O07-31, 5-1-07; Ord. No. O08-37, 6-17-08; Ord. No. O08-80, 12-2-08; Ord. No. O14-37, 12-16-14; Ord. No. O19-38, 10-1-19; Ord. No. O23-09, 5-2-23)

(a)

Definition and purpose. The Historic Resource Overlay District (HR) shall be defined as consisting of any historic area, landmark, building or structure, or any land pertaining to any estate or interest therein, along with any adjoining lands deemed necessary to protect the context in which the resource exists, which, in the opinion of the board of supervisors, should be preserved and maintained for the use, observation, education, pleasure and welfare of the people, and is so designated.

It is intended that the establishment of HR districts will protect against destruction of and encroachment upon historic resources. HR districts are areas containing buildings or places in which historic events have occurred or which have special public value because of notable architectural or other features relating to the cultural or artistic heritage of the county, the commonwealth, and the nation, of such significance as to warrant conservation and preservation.

(b)

Architectural review board. The governing body shall appoint an architectural review board (ARB) consisting of seven (7) members for the purpose of administering this section, subject to the following conditions:

(1)

All members appointed to the ARB shall have a demonstrated knowledge, interest, or competence in historic preservation.

(2)

At least one member shall be a registered architect, or an architectural historian, with a demonstrated interest in historic preservation; at least one member shall be a member of the planning commission; at least one member shall be a resident of a designated historic district in Stafford County. When adequate review of any proposed action would normally involve a professional discipline not represented on the ARB, the ARB shall seek appropriate professional advice before rendering a decision. Information on the credentials of all ARB members shall be kept on file locally for public inspection.

(3)

The ARB shall adopt written bylaws that include at a minimum: Provision for regularly scheduled meetings at least four (4) times a year; a requirement that a quorum of four (4) members be present to conduct business; rules of procedure for considering applications; written minutes of all meetings.

(4)

Terms of office for ARB members shall be for three (3) years and shall be staggered.

(5)

Vacancies on the ARB shall be filled within sixty (60) days.

(6)

In addition to those duties specified in this chapter, the ARB shall at a minimum perform the following duties:

a.

Conduct or cause to be conducted a continuing survey of the cultural resources in the community according to guidelines established by the state historic preservation office.

b.

Act in an advisory role to other officials, and departments of local government regarding protection of cultural resources.

c.

Disseminate information within the locality on historic preservation issues and concerns.

d.

The ARB shall provide for adequate public participation, including:

1.

All meetings of the ARB must be publicly announced, to be open to the public, and have an agenda made available to the public prior to the meeting. ARB meetings must occur at regular intervals at least four (4) times per year. Public notices must be provided prior to any special meetings. The ARB shall allow for public testimony from interested members of the public, not just applicants.

2.

Minutes of all decisions and actions of the ARB, or in appeals to the local governing body, must be kept on file and available for public inspection.

3.

All decisions made by the ARB shall be made in a public forum and applicants shall be given written notification of decisions made by the ARB.

4.

The rules of procedure adopted by the ARB shall be made available for public inspection.

(c)

Designation of historic districts. The board of supervisors may designate by ordinance historic resources to be included in the Historic Resource (HR) Overlay District. These resources may be, but are not limited to, landmarks established by the Virginia Landmarks Commission and any other building or structures within the county having important historic, architectural or cultural interest.

(1)

The ARB shall recommend and the governing body may, approve by ordinance the designation of an area or resource as Historic Resource Overlay District within which the regulations set forth in this section and regulations adopted for each specific historic district shall apply.

(2)

In order to fully protect historic resources and areas, the boundaries of an Historic Resource Overlay District may include adjoining land closely related to and bearing upon the character of the historic resource, including lands within proximity of the historic resource.

(3)

Individual property owners' consent for inclusion of their property within the HR district is not required.

(4)

The board of supervisors may create HR overlay districts, provided such districts:

a.

Contain buildings or places in which historic events have occurred or having special public value because of notable architectural or other features relating to the cultural or artistic heritage of the community, or such significance to warrant conservation and preservation.

b.

Is [are] closely associated with one or more persons, events, activities, or institutions that have made a significant contribution to local, regional, or national history; or

c.

Contain buildings or structures whose exterior design or features exemplify the distinctive characteristics of one or more historic types, periods, or methods of construction, or which represent the work of an acknowledged master or masters; or

d.

Have yielded, or are likely to yield, information important to local, regional or national history; or

e.

Possess an identifiable character representative of the architectural or cultural heritage of Stafford County; or

f.

Contain a landmark, building or structure included on the National Register of Historic Places or the Virginia Landmark Register.

(d)

Historic resource overlay district regulations. Historic resource overlay districts shall be subject to the following regulations in addition to those imposed for each specific historic district and those pursuant to the underlying zoning classification of the property. The Historic Resource Overlay District regulations shall take precedence over the underlying regulations when they conflict. All HR district boundaries shall be delineated on the official zoning map.

(1)

A certificate of appropriateness issued by the agent or his designee shall be required prior to the erection, reconstruction, exterior alteration, restoration or excavation of any building or structure within a HR district, or prior to the demolition, razing, relocation, or moving of any building or structure therein. The agent shall not issue a certificate of appropriateness until an application therefor has been approved by the ARB or upon appeal to the board of supervisors with consultation of the ARB, following the procedures set forth below. In addition, no demolition, razing, relocation, or moving of an historic resource in an HR district shall occur until approved by the ARB or upon appeal to the board of supervisors with consultation of the ARB.

(2)

Upon receipt of a complete application for a certificate of appropriateness, the agent shall forward to the ARB copies of the permit application, plat, site plan, and any other materials filed with such application. The complete application must be received by the ARB fourteen (14) days or more prior to its meeting.

(3)

The ARB may require the submission of the following information and other materials necessary for its review of the complete application: statement of proposed use; name of proposed user; design sketches showing exterior building configuration, topography, paving and grading; and, a plan showing exterior signs, graphics, and lighting to establish location, color, size, and type of materials.

(4)

The ARB shall review and render a decision upon each application for a certificate of appropriateness within sixty (60) days of receipt, unless the applicant agrees in writing to an extension of the review period. The ARB shall apply the following criteria for its evaluation of any application. In addition to the following criteria, and guidelines adopted by the county, the ARB shall consider the Secretary of Interior's "Standards for Rehabilitation," as may be amended from time to time in determining the appropriateness of any application for approval pertaining to existing structures.

a.

Risk of substantial alteration of the exterior features of an historic resource.

b.

Compatibility in character, context and nature with the historic, architectural or cultural features of the historic district.

c.

Value of the resource and the proposed change in the protection, preservation, and utilization of the historic resource located in the historic district.

d.

Exterior architectural features, including all signs.

e.

General design, scale, and arrangement.

f.

Texture and materials.

g.

The relationship of subsections a., b., and c., above, to other structures and features of the district.

h.

The purpose for which the district was created.

i.

The relationship of the size, design, and orientation of any new or reconstructed structure to the landscape of the district.

j.

The extent to which denial of a certificate of appropriateness would constitute a deprivation of a reasonable use of private property.

(5)

No application for a permit to erect, reconstruct, alter, or restore any building or structure, including signs, shall be approved unless the ARB determines or upon appeal to the board of supervisors with consultation of the ARB that it is architecturally compatible with the historic resources in the HR district.

(6)

In reviewing an application to raze or demolish an historic resource the ARB shall review the circumstances and the condition of the structures proposed for demolition and shall make its decision based on consideration of the following criteria:

a.

Is the historic resource of such architectural, cultural, or historic interest that its removal would be detrimental to the public interest?

b.

Is the historic resource of such old and unusual design, texture, and material that it could not be reproduced or be reproduced only with great difficulty?

c.

Would retention of the historic resource help preserve and/or protect another historic resource?

(7)

In reviewing an application to move or relocate an historic resource, the ARB shall consider the following criteria:

a.

Detrimental effect of the proposed relocation on the structural integrity of the historic resource.

b

Detrimental effect of the proposed relocation on the historical aspects and context of other historic resources, buildings, or structures in the HR district.

c.

Compatibility of proposed new surroundings with the historic resource if relocated.

d.

Benefits of relocation of the historic resource with regard to its preservation.

(8)

The ARB, on the basis of the application and the criteria set forth herein shall approve, with or without modifications, or deny the application. If the ARB approves or approves with modifications the application, it shall authorize the agent to issue the permit. The permit shall expire after twelve (12) months from the date of issuance if work has not yet commenced on the property. If the ARB denies the application, it shall so notify the applicant and the agent in writing.

(9)

Minor work or actions, deemed by the agent or his designee not to have a permanent effect upon the character of the historic property or district, shall be exempt from full review by the ARB. Instead, such minor work or actions shall be reviewed and approved or disapproved by the agent or his designee. Decisions made regarding minor work shall be rendered in writing. An applicant may appeal the decision of the agent or his designee to the ARB and of the ARB to the board of supervisors, in accord with the procedures hereinafter established. The term "minor work" shall include, but not be limited to, the repair or replacement of existing materials on exterior surfaces or appurtenances, such as steps, gutters, chimneys, windows, or exterior painting, except on unpainted masonry surfaces.

(e)

Appeals; right to demolish.

(1)

Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a decision of the ARB, may appeal the decision to the board of supervisors by filing a written petition with the agent within thirty (30) days of that decision. The filing of the petition shall not stay the decision of the ARB if that decision denies the right to demolish a historic resource. The board of supervisors, after consultation with the ARB, may reverse the decision of the ARB, in whole or in part, or it may affirm the decision of the ARB.

(2)

Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a final decision of the board of supervisors, may appeal to the Circuit Court of Stafford County for review of that decision by filing a petition at law setting forth the alleged illegality within thirty (30) days of the final decision of the board, in accordance with Code of Virginia § 15.1-503.2, as amended. The filing of said petition shall stay the decision of the board pending the outcome of the appeal to the court, provided that the filing of such petition shall not stay the decision of the board if such decision denies the right to raze or demolish an historic resource. The court may reverse or modify the decision of the board of supervisors, in whole or in part, if it finds upon review that the decision of the board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the board of supervisors.

(3)

In addition to the right of appeal set forth in subsection (2) above, the owner of an historic resource, the razing of which is subject to the provisions of this chapter, shall, as a matter of right, be entitled to demolish such historic resource, provided that:

a.

He has applied to the governing body for such right; and

b.

He has, for a period of time set forth in the time schedule contained in this section, and at a price reasonably related to its fair market value, made a bona fide offer to sell such historic resource, and the land pertaining thereto, to the county, or any person, firm, corporation, government or agency thereof which gives reasonable assurance that it is willing to preserve and restore the historic resource and the land pertaining thereto; and

c.

No bona fide contract, binding upon all parties thereto, shall have been executed for the sale of such historic resource, and the land pertaining thereto, prior to the expiration of the application time set forth in the time schedule contained in this section.

(4)

Any appeal which may be taken to the court from a decision of the board of supervisors, whether instituted by the owner or by any other party with proper standing, notwithstanding the provisions heretofore stated relating to a stay of the decision appealed from, shall not affect the right of the owner to make a bona fide offer to sell such historic resource. No offer shall be made more than one year after a final decision by the board of supervisors, but thereafter the owner may renew his request to the board to approve razing of the historic resource. The time schedule for offers to sell shall be as follows:

a.

Three (3) months when the offering price is less than twenty-five thousand dollars ($25,000.00).

b.

Four (4) months when the offering price is twenty-five thousand dollars ($25,000.00) or more, but less than forty thousand dollars ($40,000.00).

c.

Five (5) months when the offering price is forty thousand dollars ($40,000.00) or more, but less than fifty-five thousand dollars ($55,000.00).

d.

Six (6) months when the offering price is fifty-five thousand dollars ($55,000.00) or more, but less than seventy-five thousand dollars ($75,000.00).

e.

Seven (7) months when the offering price is seventy-five thousand dollars ($75,000.00) or more, but less than ninety thousand dollars ($90,000.00).

f.

Twelve (12) months when the offering price is ninety thousand dollars ($90,000.00) or more.

(5)

The time periods specified in this section shall commence upon receipt by the ARB of the owner's written notification of his intention to sell an historic resource. This statement shall identify the property, state the offering price, and the name of the real estate agent, if any. The ARB shall, within five (5) days, convey a copy of such statement to the county attorney.

(Ord. No. 094-29, § 28-408, 8-9-94; Ord. No. O13-31, 9-3-13; Ord. No. O14-07, 6-3-14; Ord. No. O14-28, 11-13-14)

(a)

Purpose of the HC. In furtherance of the purposes set forth in Code of Virginia, §§ 15.2-2280, 15.2-2283, 15.2-2284 and 15.2-2285, and in general to protect the health, safety and general welfare of the public by the prevention or reduction of traffic congestion, and distracting visual clutter which may result in danger on the public and private streets, a limitation is hereby placed on certain automobile-oriented, fast service, quick turnover uses and related signage, which generate traffic in such amount and in such manner as to present the possibility of increased danger to the motoring public and other impediments to safe travel. This district is created in recognition of the need to provide suitable and sufficient road systems in the county and the need to protect existing and future highways from unsafe use.

(b)

Establishment of districts. The Highway Corridor Overlay District (HC) shall be designated by the board of supervisors by separate ordinance and will overlay all other zoning districts where it is applied so that any parcel of land lying in a HC shall also lie within one or more other land use districts provided for by this chapter. The regulations and requirements of both the underlying district(s) and the HC shall apply; provided, however, that when the regulations applicable to the HC conflict with the regulations of the underlying district, the more restrictive regulations shall apply.

(c)

District boundaries.

(1)

HC boundaries shall be designated on the official zoning map as ordained by Ordinances O95-57, O96-23 and amended by O98-27, O96-24, O98-30, O01-29, and O01-37 establishing the boundaries of the overlay district, pursuant to article XII, Amendments to Zoning Maps.

(2)

The district boundaries will be described as follows:

a.

Length of the district shall be established by fixing points of beginning and end in the centerline of a street.

b.

Width will be established by designation of the distance on one or both sides from the centerline to which the overlay district shall extend; or, by a description of coterminous property boundaries of lots along such street, or highway; or, by using visible geographic features.

The HC zoning district shall be established and overlay all other zoning districts, except HI districts, on all parcels of land within the below described area:

Beginning at a point at the centerline of Cambridge Street, extending five hundred (500) feet east from the centerline of Cambridge Street at the intersection with the centerline of Truslow Road; thence continuing in a northerly direction parallel to the centerline of Cambridge Street to a point where Cambridge Street becomes Jefferson Davis Highway; thence along Jefferson Davis Highway continuing in a northerly direction parallel to the centerline of Jefferson Davis Highway to a point at the centerline of Courthouse Road; thence continuing in a westerly direction along the centerline of Courthouse Road to five hundred (500) feet west of the centerline of Jefferson Davis Highway; thence continuing in a southerly direction from the centerline of Courthouse Road, parallel to the centerline of Jefferson Davis Highway to a point where Jefferson Davis Highway becomes Cambridge Street; thence continuing in a southerly direction along Cambridge Street to the centerline of Truslow Road; thence, extending along the centerline of Truslow Road to the point of beginning; encompassing all or part of the parcels listed on Attachment A, attached hereto, as shown on the map entitled "Proposed Route 1 Highway Corridor Overlay District" dated December, 2001, made by the Stafford County Department of Planning and Community Development, a copy of which shall be added to and become part of the Official Zoning Map of Stafford County.

(d)

Uses permitted by right. All uses permitted by right in the underlying land use district(s), shall be permitted by right in the HC unless otherwise specifically made a conditional use by this section.

(e)

Conditional uses. In addition to the listed uses requiring a conditional use permit (as listed in Table 3.1) in the underlying district, the following uses shall require a conditional use permit when proposed to be established in a HC:

(1)

Car washes, self-service and automated.

(2)

Funeral chapel, funeral home, or mortuary.

(3)

Convenience stores.

(4)

Theaters, arenas, or auditoriums.

(5)

Recreational enterprise.

(6)

Hotels or motels.

(7)

Hospitals.

(8)

Motor vehicle fuel sales.

(9)

Automobile repair.

(10)

Any uses which include drive-through facilities.

(f)

Development standards. All nonresidential uses shall be subject to the use limitations and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following HC limitations:

(1)

Access and internal circulation shall be designed so as not to impede traffic on a public street. To such end, access via the following means will be approved:

a.

By provisions of shared entrances, interparcel connection and travelways, or on-site service drives connecting adjacent properties.

b.

By access from a secondary public street as opposed to the corridor highway.

c.

By the internal streets of a commercial, office, or industrial complex.

Developers of all parcels or lots within the HC shall submit an access and internal circulation plan to the county for approval which addresses access for the project and the surrounding area.

The access plan shall demonstrate the ability to provide adequate access to surrounding properties via cross-easement agreement(s), shared entrances, interparcel connections and travelways, on-site service drives connecting adjacent properties, and/or access by secondary public streets.

(2)

Pedestrian circulation shall be provided for and coordinated with that generated from or using adjacent properties.

a.

The requirement for the provision of pedestrian circulation for the development of any parcels abutted on both sides along its road frontage to undeveloped parcels may, at the option of the county administrator, be satisfied by the execution and recordation of a sidewalk security agreement between the owner of the property and the county administrator to be prepared by the director of planning. The agreement shall provide for payment of one hundred twenty-five (125) percent of the amount of an engineer's certified cost estimate of the construction of the required sidewalk(s) at the time of permits or by monthly installments during a term not to exceed thirty-six (36) months and shall contain appropriate provisions for acceleration upon the sale or transfer of the property or upon a breach of the terms of the agreement. Payments made pursuant to this section shall also include an administrative fee of one hundred dollars ($100.00) which shall be payable at the time of the execution of the sidewalk security agreement.

b.

The requirement for the provision of pedestrian circulation for the development of any parcels abutted on both sides along its road frontage to undeveloped parcels may, at the option of the planning director (agent) or his designee, be satisfied by a payment in lieu of constructing the required pedestrian circulation. The payment shall be in the amount of an engineer's certified cost estimate of the construction of the required sidewalk(s) that is deemed to be acceptable by the agent. Such payment shall be made at the time of permits. The payment shall be deposited in an account designated for pedestrian circulation improvements along the corridor highway that serves the property.

(3)

Outdoor storage of goods shall be completely screened from view of the corridor highway. Outdoor storage shall include the parking of company owned and operated vehicles, with the exception of passenger vehicles. Outdoor display areas shall not encroach into any required front yard, with the exception that outdoor display areas may extend fifteen (15) feet from the building front; however, in no case shall outdoor display areas be permitted less than fifteen (15) feet from the street right-of-way.

(4)

Parking areas and driveways shall be paved with concrete, bituminous concrete, or other similar material except for low-impact development sites in accordance with the provisions of chapter 21.5 of this Code where pervious paving blocks and other similar materials may be allowed as approved by the agent. Surface treated parking areas and drives shall be prohibited. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas, except that concrete curb without a gutter may be permitted where drainage is designed to flow away from the curb, and asphalt curb may be permitted where the property adjacent to a travel lane is undeveloped. Drainage shall be designed so as to not interfere with pedestrian traffic.

(5)

Where parking is designed to be located in the front yard setback of the corridor highway, a berm shall be utilized within a designated street buffer. Where no berm is proposed within a designated street buffer, whenever possible, parking areas shall be located to the rear or side of the structure(s) or building(s) they are intended to serve.

(6)

Utility lines such as electric, telephone, cable television, or similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within the project. All junction and access boxes shall be screened. All utility pad fixtures and meters shall be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan.

(7)

Loading areas and service entrances shall be oriented and/or screened so as to not be visible from the corridor highway. Service bays shall be oriented so as to not face the corridor highway.

(8)

Dumpster and other waste disposal or storage areas shall be completely screened from the public view by means of a board-on-board fence and/or landscaping, or similar opaque material approved by the zoning administrator.

(9)

Architectural treatment shall be designed so that all building facades of the same building (whether front, side or rear) will consist of similar architectural treatment in terms of materials, quality, appearance, and detail pursuant to the neighborhood design standards plan element of the comprehensive plan. No facade portion of a building constructed of unadorned cinderblock, corrugated metal or sheet metal shall be visible from the corridor highway. Mechanical equipment shall be shielded and screened from public view and designed to be perceived as an integral part of the building.

(10)

Area and bulk regulations in the HC shall be the same as for the underlying land use district(s), except that: The height of buildings or structures within seventy-five (75) feet of the corridor highway shall not exceed two (2) stories or thirty (30) feet, whichever is less; and where parking areas are provided in a manner such that the structure or building is located between the parking area and the corridor highway, the applicable setback requirement may, at the option of the applicant, be reduced to fifty (50) percent of that otherwise required for the underlying district.

(11)

A landscaping and planting plan shall be submitted in conjunction with site plan submittal. Such landscaping and planting plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size, and description of all landscaping materials and areas. Landscaping and planting plans shall be prepared by persons practicing in their area of competence.

All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provisions of these specifications shall conform to the standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen.

Preservation of existing trees is encouraged to provide continuity, improved buffering ability; pleasing scale and image along the corridor. Any healthy, existing tree on-site may be included for credit towards the requirements of this section.

The owner, or his designee, shall be responsible for the maintenance, repair, and replacement of all landscaping materials as may be required or approved within the scope of these provisions.

(12)

Redevelopment or expansion of structures or uses that were in existence prior to the adoption of the HC district and where the square footage of any addition to a structure shall not be more than the square footage of the primary structure shall be exempt from the provisions of subsections 28-59(f)(5), (6) and (9); provided that such redevelopment shall not result in an increase of outside storage area or display on the undeveloped site.

(g)

Reserved.

(Ord. No. 094-29, § 28-409, 8-9-94; Ord. No. 095-11, 3-7-95; Ord. No. 095-21, 3-21-95; Ord. No. 095-22, 3-21-95; Ord. No. 095-58, 9-5-95; Ord. No. 096-23, 7-23-96; Ord. No. 096-24, 7-23-96; Ord. No. 096-51, 10-15-96; Ord. No. 098-27, 4-21-98; Ord. No. 098-30, 5-5-98; Ord. No. 098-42, 6-2-98; Ord. No. 099-32, 6-15-99; Ord. No. 000-19, 2-15-00; Ord. No. 000-25, 5-16-00; Ord. No. 001-29, 6-5-01; Ord. No. 001-37, 12-11-01; Ord. No. 003-26, 6-17-03; Ord. No. O08-02, 5-6-08; Ord. No. O13-23, 6-4-13; Ord. No. O19-24, 6-18-19)

Reserved.

(Ord. No. 094-29, § 28-410, 8-9-94)

Reserved.

(Ord. No. 094-29, § 28-411, 8-9-94)

Editor's note— Ord. No. O14-10, adopted Dec. 16, 2014, deleted § 28-62, entitled "Chesapeake Bay Preservation Area Overlay District", which derived from: Ord. No. 094-29, § 28-412, adopted Aug. 9, 1994; Ord. No. 095-54, adopted July 18, 1995; Ord. No. 001-81, adopted Nov. 20, 2001; Ord. No. 003-07, adopted Dec. 2, 2003; Ord. No. O08-56, adopted Sept. 16, 2008; and Ord. No. O12-20, adopted Sept. 4, 2012. See ch. 27B of this Code for similar provisions.

(a)

Purpose and intent. Stafford County wishes to recognize the existence of the Marine Corps Combat Development Command (MCCDC) at Quantico and other military facilities in the region. The county further recognizes the positive impact of these facilities on the local community, both socially and economically, and wishes to protect the integrity of these facilities as valuable resources in the community. Therefore, the purposes of the Military [Facility] Impact Overlay (MZ) District are:

(1)

To ensure that prospective buyers of real estate in the vicinity of military facilities, such as Quantico and Fort A. P. Hill, are aware of the presence of the bases, their operations, and the potential impacts that they may have upon noise-sensitive land uses; and

(2)

To protect the integrity of the operations and continued existence of these military facilities by establishing and delineating a geographic area which is subject to noise and shock tremors caused by activities related to the normal operations of such facilities, such as low-level aircraft runs, bombing, or artillery practice.

It is the intent of the county that, by designating these areas as separate zoning districts, prospective buyers of property which is located in the MZ district will have advance knowledge of the existence and impacts of the military facilities, before completing the purchase of the property, thus minimizing complaints regarding base operations.

(b)

Designation of district. Areas of the county which are to be included in the Military [Facility] Impact Overlay (MZ) District shall be designated by separate ordinance by the board of supervisors, pursuant to Article XII of this chapter.

All parcels and lots which are located within the MZ district shall be so designated on the official zoning map(s) of Stafford County, along with the underlying zoning designation.

(Ord. No. 094-29, § 28-413, 8-9-94)

(a)

Purposes of the AD. The AD Overlay District is established in furtherance of the purpose set forth in Code of Virginia § 15.2-2294, as amended, and in general to regulate and restrict the height of structures and objects or natural growth, and otherwise regulate the use of property in the vicinity of general aviation airports in the County of Stafford by creating appropriate zones and establishing boundaries thereof. It is further the intent of this chapter to regulate potential obstructions of any airport zone. It is hereby found that an obstruction has the potential for endangering the lives and property of users of the airports and residents in the County of Stafford; and that an obstruction may reduce the size of areas available for landing, takeoff, and maneuvering of aircraft, thus tending to destroy or impair the utility of the airports and the public investment therein. Accordingly, it is stated:

(1)

That it is necessary in the interest of the public health, safety or general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;

(2)

That the creation or establishment of an obstruction has the potential for being a public nuisance and may damage the area served by the airports;

(3)

That the County of Stafford derives economic development and enhanced interstate commerce from airports within the county, when such airports and their surrounding vicinity are held strictly to the highest possible safety standards.

(b)

Establishment of districts. The Airport Impact Overlay District (AD) shall be designated by the board of supervisors by Ordinance No. O03-45 and shall overlay all other zoning districts where it is applied so that any parcel of land lying in an AD shall also lie within one or more other land use districts provided for by this chapter. The regulations and requirements of both the underlying district(s) and the AD shall apply; provided, however, that when the regulations applicable to the AD conflict with the regulations of the underlying district, the more-restrictive regulations shall apply.

(c)

District boundaries.

(1)

AD boundaries shall be as designated on the official zoning map, as ordained by Ordinance No. O03-45.

(2)

The source and specific geometric design standards for these zones are to be found in part[s] 77.25, 77.28, and 77.29, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations.

(3)

The district boundaries shall be described as follows:

a.

Airport zone. An area that is centered about the runway and primary surface, with the floor set by the horizontal surface.

b.

Approach zone. The inner edge approach zone coincides with the width of the primary surface and begins two hundred (200) feet from each runway. The south approach zone slopes fifty (50) feet outward for each one foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. The north approach zone slopes thirty four and one tenth (34.1) feet outward from each one foot upward, beginning at the end of and at the same elevation of the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline. The inner dimension is one thousand (1,000) feet and the outer dimension is four thousand (4,000) feet.

c.

Conical zone. The area that commences at the periphery of the horizontal zone and extends outward there from for a distance of four thousand (4,000) feet.

d.

Horizontal zone. The area that is established by swinging arcs of ten thousand (10,000) feet radii from the center of the end of the primary surface of an airport runway and connecting adjacent arcs by drawing lines tangent to those areas. The horizontal zone does not include the approach and transitional zones.

e.

Runway clear zone. The area that begins at the end of the primary surface on the runway ends and extends, with the width of each approach surface defined in part 77.25D, subchapter E (Airspace), of title [14] of the Code of Federal Regulations, or in successor federal regulations. The clear zone on the north end of the runway is one thousand (1,000) feet wide where it connects to the primary surface and one thousand five hundred (1,500) feet wide at its northern edge and it extends south/north one thousand seven hundred (1,700) feet. The clear zone on the south end of the runway is one thousand (1,000) feet wide where it connects to the primary surface and one thousand seven hundred fifty (1,750) feet wide at its southern boundary and it extends north/south two thousand five hundred (2,500) feet.

f.

Transitional zone. The area that fans away perpendicular to any airport runway centerline and approach surfaces, with the floor elevation set by the transitional surfaces.

(d)

Development standards. All uses shall be subject to the use limitations and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following AD limitations:

(1)

Within the area below the horizontal limits of any zone established by this section, no use may be made of land or water in such a manner as to:

a.

Create electrical interference with navigational signals or radio communication between the airport and aircraft;

b.

Diminish the ability of pilots to distinguish between airport lights and other lights;

c.

Result in glare in the eyes of pilots using the airport;

d.

Impair visibility in the vicinity of the airport;

e.

Create the potential for bird strike hazards; or

f.

Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft in the vicinity of and intending to use the airport.

(2)

Except as provided elsewhere in this chapter, in any AD District, no structure shall be erected, altered, or maintained, and no vegetation shall be allowed to grow to a height so as to penetrate any referenced surface (also known as the floor) at any point of any zone provided for in subsection 28-64(c)(3).

(3)

The height restrictions (known as floors) for the individual zones shall be those planes delineated as surfaces in part[s] 77.25, 77.28 and 77.29, subchapter E (Airspace), of title 14 of the Code of Federal Regulations, or in successor federal regulations where those elevations when applied to individual properties restrict height of buildings or structures below the maximum height permitted in the underlying district.

(4)

In addition to the provisions as specified in subsection 28-182(b), an application for a zoning permit shall contain sufficient geometric specificity for determination by the zoning administrator or his designee that the application meets the provisions of this chapter.

(5)

Notwithstanding section 28-273, the owner of any existing nonconforming structure or vegetation is required to permit the installation, operation and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation, zoning administrator or his designee to indicate to the operators of aircraft, the presence of that airport obstruction. These markers and lights shall be installed, operated and maintained at the expense of the airport owners.

(Ord. No. 003-45, 7-1-03)

(a)

Purpose and intent of the HG. The Historic Gateway Corridor Overlay District (HG) is intended to implement the comprehensive plan's goal of protecting cultural resources by guiding new development along the major entrance routes to the designated areas. Historical, archaeological, cultural, and scenic resources throughout the county are accessed by major highways and streets that have a visual and physical impact on these areas that are significant to Stafford County's past, present, and future. The district is created to ensure the continued role of these significant resources while enhancing the physical areas that surround them that are viewed by tourists and residents alike who travel these roads.

(b)

Establishment of districts. The Historic Gateway Corridor Overlay District (HG) shall be designated by the board of supervisors to protect and enhance the significant historical, archaeological, cultural, and scenic resources by controlling new development along arterial streets or highways designated by the board of supervisors. The Historic Gateway Overlay District (HG) shall overlay all other zoning districts where it is applied. The regulations and requirements of both the underlying districts and those of the Historic Gateway Corridor Overlay District (HG) shall apply, however, that when the regulations applicable to the Historic Gateway Overlay District (HG) conflict with the regulations of the underlying district, the more restrictive regulations shall apply.

(c)

District boundaries. HG district boundaries shall be designated on the official zoning map.

(i)

Length of the district shall be established by fixing points of the beginning and end in the centerline of a street.

(ii)

Width will be established by designation of the distance on one or both sides from the centerline to which the overlay district shall extend; or, by a description of coterminous property boundaries of lots along such street, or highway; or, by using visible geographic features.

(d)

Uses permitted by right. All uses permitted by right in the underlying land use district(s), shall be permitted by right in the HG unless otherwise specifically made a conditional use by this section.

(e)

Conditional uses. All uses requiring a conditional use permit in the underlying land use district(s), shall require a conditional use permit when such uses are proposed in the HG.

(f)

Development standards. All new development shall be subject to the use, limitations, and development standards set forth in the underlying land use district(s) and, in addition, shall be subject to the following HG limitations:

(1)

Architectural styles of buildings within the HG do not need to be exact replicas of historic sites. Rather, new development shall harmoniously blend within the HG with existing historic buildings, structures, sites, and objects. Franchise designs are unacceptable, as are unadorned "box-like" buildings. Instead, applicants are encouraged to use the existing historic architectural fabric of Stafford County historic resources as a guide in designing buildings within the HG.

(2)

All new development within the HG shall be designed in a harmonious manner with the existing natural environment. The preservation of trees on site shall be practiced except to accommodate ingress/egress, parking, building development, and other necessary infrastructure. Where required, street trees shall be of native species.

(3)

All new construction for buildings or structures, including signs within the HG shall be approved by the Stafford County Architecture Review Board (ARB) prior to approval of any application for development.

(4)

Appeal to the BOS.

a.

Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a decision of the ARB, may appeal the decision to the board of supervisors by filing a written petition with the agent within thirty (30) days of that decision. The board of supervisors, after consultation with the ARB, may reverse the decision of the ARB, in whole or in part, or it may affirm the decision of the ARB.

b.

Any owner or owners of real property within Stafford County who are jointly or severally aggrieved by a final decision of the board of supervisors, may appeal to the Circuit Court of Stafford County for review of that decision by filing a petition at law setting forth the alleged illegality within thirty (30) days of the final decision of the board, in accordance with Code of Virginia § 15.2-2306, as amended. The court may reverse or modify the decision of the board of supervisors, in whole or in part, if it finds upon review that the decision of the board is contrary to the law or that its decision is arbitrary and constitutes an abuse of discretion, or it may affirm the decision of the board of supervisors.

(g)

Design specifics.

(1)

Building form and scale shall be mindful of the existing historic fabric. No building shall dominate others within the same development. Efforts shall be taken to reduce the scale of large warehouse buildings by designing the facade of such buildings as multiple buildings clustered together. All new development shall be designed with a human scale.

(2)

Architectural materials should be consistent with or reflective of those used in the construction of existing historic resources located throughout the county.

(3)

All utilities fixed to buildings shall be shielded from public view on buildings by incorporating them into the design of the building or concealing them through parapet walls or other architectural features.

(4)

Building facades shall be symmetrical where applicable.

(5)

Franchise designs shall be tailored to meet these requirements.

(6)

Accessory structures shall be consistent with the overall site development including building treatment and materials.

(7)

Outdoor storage of equipment and materials shall be screened from all rights-of-way within the HG using fencing, walls, or planting materials. The fences or walls shall be consistent with the overall site development including building treatment and materials.

(8)

No banners shall be installed on any building within the HG.

(9)

No amplified speaker system shall be used outdoors within the HG.

(10)

Signage shall be designed to complement the building by using similar materials and designs.

(11)

Freestanding sign shall be monument signs with a maximum height of eight (8) feet and shall be designed with materials that compliment the building.

(12)

Lighting in signage shall not create a glare.

(13)

Colors within signs shall be coordinated with the building and shall not be overly intense.

(14)

All utilities on site shall be located underground.

(15)

Parking, loading and service area shall be oriented away from or shielded from the rights-of-way with walls or planting.

(16)

Unless required by another regulation, sidewalks shall be provided along all road frontage of the site. There shall be a separation of a minimum of five (5) feet between the sidewalk and the edge of the road(s). It is recommended the required street trees are located in this strip.

(Ord. No. O05-21, 3-15-05)

(a)

Permitted uses.

(1)

For the P-TND district, the permitted uses shall be as set forth in Table 3.1 of article III for P-TND districts.

(2)

In addition to Table 3.1, the permitted uses within specific transect zones shall be as set forth in Tables 3.2(a), (b), (c), (d), (e), (f), (g) and (h).

(b)

Density and intensity of development.

(1)

The gross residential density in a P-TND district shall not exceed the maximum gross density as set forth Table 3.1 of article III for P-TND districts.

(2)

The permitted maximum gross residential density for specific transect zones shall be as set forth in Table 3.5(b).

(c)

Landscape, buffering and screening. The P-TND shall be exempt from sections 28-82 and 28-86. A P-TND development shall only be subject to the transitional buffer requirements along the perimeter of the P-TND, if applicable, per section 110.3, Transitional buffers, of the DCSL.

(d)

Parking and loading.

(1)

The P-TND shall comply with the provisions of article VII of this chapter except as described in subsections (d)(2) and (d)(3) directly below.

(2)

The parking and loading requirements for all uses within a P-TND shall be as set forth in Tables 3.3(a) and 3.3(c).

(3)

Shared parking for uses within the P-TND shall be as set forth in Table 3.3(b)

(e)

On-street parallel and angled parking and detached parking garages. On-street parallel parking and angled parking shall be permitted in a P-TND district. The number of parking spaces required for off-street parking requirements specified in Table 3.3(a) of this section shall be required, except that all on-street parallel and angled parking spaces provided shall count towards the off-street parking requirements and shall be located within one hundred fifty (150) feet of the dwelling they are intended to serve. Parking spaces in garages on individual residential lots shall count toward off-street parking requirements, however, the driveway accessing the private parking garage shall not be considered towards the required number of parking spaces even if the area of the driveway is adequate for a parking space. Where on-street parallel and angled parking is provided, a travel aisle shall be provided in accordance with the Virginia Department of Transportation Subdivision Street Requirements or the requirements in this Code section 28-102 or subsection 28-256(c)(3), or the Smart Code, subject to approval by VDOT and/or the county.

(f)

Architectural design controls. The architectural design controls shall be included with the neighborhood design standards. Technical modifications or adjustments to the neighborhood design standards may be permitted in accordance to subsection 28-56(g).

(Ord. No. O07-39, 7-17-07; Ord. No. O15-24, 9-1-15; Ord. No. O16-25, 8-16-16; Ord. No. O19-15, 5-21-19)

(a)

Purpose of the FR district. The FR district is created in furtherance of the purposes set forth in Code of Virginia, §§ 15.2-2280, 15.2-2283, 15.2-2284 and 15.2-2285, and in general to protect the health, safety and general welfare of the public by establishing regulations to allow for redevelopment efforts consistent with the recommendations of the master redevelopment plan element of the comprehensive plan. This district is also created in recognition of the need to provide suitable and sufficient opportunities for redevelopment through new construction and reuse of existing buildings while maintaining the historic nature and cultural context of the Falmouth area of the county.

(b)

Establishment of districts. The FR district shall be designated by the board by separate ordinance and will overlay all other zoning districts where it is applied so that any parcel of land lying in the FR district shall also lie within one or more other zoning districts provided for by this chapter. The regulations and requirements of both the underlying zoning district(s) and the FR district shall apply; provided, however, that when the regulations applicable to the FR district conflict with the regulations of the underlying zoning district, the more restrictive regulations shall apply with the exception of compliance with sections 28-57 and 28-58 and chapter 27B of this Code, where those provisions shall prevail.

(c)

District boundaries. The FR district boundaries shall be as designated on the official zoning map.

(d)

Development standards. All uses shall be subject to the use limitations and development standards as set forth in the underlying zoning district(s) and shall also be subject to the following FR limitations:

(1)

Pedestrian circulation shall be provided for and coordinated with that generated from or using adjacent properties.

a.

The requirement for the provision of pedestrian circulation for the development of any parcels abutted on both sides along its road frontage to undeveloped parcels may, at the option of the county administrator, be satisfied by the execution and recordation of a sidewalk security agreement between the owner of the property and the county administrator to be prepared by the director of planning. The agreement shall provide for payment of one hundred twenty-five (125) percent of the amount of an engineer's certified cost estimate of the construction of the required sidewalk(s) at the time of permits or by monthly installments during a term not to exceed thirty-six (36) months, and shall contain appropriate provisions for acceleration upon the sale or transfer of the property or upon a breach of the terms of the agreement. Payments made pursuant to this section shall also include an administrative fee of one hundred dollars ($100.00), which shall be payable at the time of the execution of the sidewalk security agreement.

b.

The requirement for the provision of pedestrian circulation for the development of any parcels abutted on both sides along its road frontage to undeveloped parcels may, at the option of the planning director (agent) or his designee, be satisfied by a payment in lieu of constructing the required pedestrian circulation. The payment shall be in the amount of an engineer's certified cost estimate of the construction of the required sidewalk(s) that is deemed to be acceptable by the agent. Such payment shall be made at the time of permits. The payment shall be deposited in an account designated for pedestrian circulation improvements along the corridor highway that serves the property.

(2)

Outdoor storage of goods shall be prohibited in any front yard, and shall be completely screened from view of the public street. Outdoor storage shall include the parking of company owned and operated vehicles, with the exception of passenger vehicles. Outdoor display areas shall be permitted in any front yard or street-facing side yard from dawn to dusk. Outdoor displays by businesses with first floor frontage are permitted during business hours. The merchandise must be stored inside when the business which displays it is closed.

Merchandise shall not be placed in the public right-of-way, nor shall it obscure the architectural features of a building (columns, railings, belt courses, balconies or other decorative features) or extend past the length of the storefront. Permanent display tables or racks or other permanent display pieces are prohibited outside of buildings. All items and displays shall be safe and stable with no risk of overturning due to wind or contact. No signs may be placed upon or hung from outdoor merchandise.

(3)

Parking areas and driveways that serve more than twenty-four (24) parking spaces shall be paved with concrete, bituminous concrete, brick, concrete pavers or other similar material except for pervious paving blocks and other similar materials may be allowed for stormwater management purposes and as approved by the agent. Surface treated parking areas and drives shall be prohibited. Concrete curb and gutter shall be installed around the perimeter of all driveways and parking areas, except that concrete curb without a gutter may be permitted where drainage is designed to flow away from the curb. Drainage shall be designed so as to not interfere with pedestrian traffic.

(4)

Utility lines such as electric, telephone, cable television, or similar lines shall be installed underground. This requirement shall apply to lines serving individual sites as well as to utility lines necessary within a project. All junction and access boxes shall be screened. All utility pad fixtures and meters shall be shown on the site plan. The necessity for utility connections, meter boxes, etc., should be recognized and integrated with the architectural elements of the site plan.

(5)

Loading areas, service entrances, and service bays shall be oriented and/or screened so as to not be visible from the public street and adjacent residential uses.

(6)

Dumpster and other waste disposal or storage areas shall be completely screened from the public view by means of a board-on-board fence and/or landscaping, or similar opaque material approved by the zoning administrator.

(7)

Construction of any new buildings or building additions shall be in compliance with the Neighborhood Design Standards and Stafford County Master Redevelopment Plan, Volume IV, Falmouth Village Element of the Comprehensive Plan. Architectural review board review and approval of all building elevations for compliance with the above-reference standards and for compatibility with nearby architectural styles of buildings in the district is required.

(8)

Area and bulk regulations in the FR district shall be the same as for the underlying zoning district(s), except that:

a.

The height of buildings or structures shall not exceed three (3) stories or forty-five (45) feet, whichever is less;

b.

The height of accessory structures shall not exceed twenty-five (25) feet;

c.

No individual multifamily building shall exceed a length of two hundred fifty (250) feet; and

d.

The minimum open space ratio on a lot shall be 0.10.

(9)

A landscaping and planting plan shall be submitted in conjunction with site plan submittal.

a.

Such landscaping and planting plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed parking spaces or other vehicle areas, access aisles, driveways, and the location, size and description of all landscaping materials and areas. Landscaping and planting plans shall be prepared by persons practicing in their area of competence.

b.

All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provisions of these specifications shall conform to the standards of the most recent edition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen.

c.

Preservation of existing trees is encouraged to provide continuity, improved buffering ability; pleasing scale and image along the corridor. Any healthy, existing tree on-site may be included for credit towards the requirements of this section.

d.

The owner, or his designee, shall be responsible for the maintenance, repair and replacement of all landscaping materials as may be required or approved within the scope of these provisions.

e.

New development that requires submittal of a site plan pursuant to article XIV of this chapter shall be exempt from the provisions of section 110.2, street buffering along arterial and major collector streets, and section 110.3, transitional buffers of the design and construction standards, landscaping, buffering, and pursuant to section 130 of the DCSL shall be reviewed for compliance with the Neighborhood Design Standards and Stafford County Master Redevelopment Plan, Volume IV, Falmouth Village Element of the Comprehensive Plan, as amended. The architectural review board shall review and approve all screening for compliance with the above-referenced standards and for compatibility with nearby architectural styles of buildings in the district.

(10)

Restaurants with outdoor seating shall comply with the following standards:

a.

The use of outdoor seating shall be limited from 7:00 a.m. to 11:00 p.m.

b.

Outdoor seating shall not obstruct the movement of pedestrians on any sidewalk or through any areas intended for public use.

(11)

All minimum yards shall be as specified in the underlying zoning district. The property owner may request relief from the minimum yard requirement pursuant to subsection 28-351(a) of this chapter.

(Ord. No. O16-24, 10-18-16; Ord. No. O19-15, 5-21-19)