The following overlay districts are applied to property in addition
to base zoning districts, which establish the permitted use on a property
and limit the bulk and mass of structures through height limits and
requirements for building setbacks from property lines. Regulations
in overlay districts are intended to protect certain critical natural
and cultural features and resources located in multiple base zoning
districts. Where the standards of the overlay and base zoning districts
are different, the more restrictive or stricter standard shall apply.
A.
Purpose and intent. The Old and Historic Fredericksburg District
(HFD) is established for the purpose of promoting the general welfare,
education, and recreational benefit of the public through the recognition
of this area of the City as having historic, architectural, and cultural
significance. More specifically, the HFD Overlay District is intended
to:
(1)
Protect, restore, and preserve the architectural integrity of
existing structures in the district;
(2)
Create an atmosphere for compatible growth for the future;
(3)
Prevent the intrusion of environmental influences adverse to
the intent of the district;
(4)
Ensure that new structures and uses in the district will be
in keeping with the character of the HFD;
(5)
Promote sustainable growth; and
(6)
Recognize, protect, and preserve the abundant evidences of the
City's industrial history, including, but not limited to, mill
sites, canals, locks, dams, and similar structures located along the
Rappahannock River, within the designated HFD.
B.
Establishment of the HFD District. Land shall be added to the
HFD Overlay District in accordance with the procedure in § 72-23,
Map amendments, and this section. The boundaries of the HFD shall
include districts, structures, and sites that:
(1)
Are associated with events that have made a significant contribution
to the broad patterns of history;
(2)
Are associated with the lives of persons significant in the
past;
(3)
Embody the distinctive characteristics of a type, period, or
method of construction, represent the work of a master, possess exceptional
artistic value, or represent a significant and distinguishable entity
whose components may lack individual distinction; or
(4)
Have yielded, or may be likely to yield, information important
in prehistory or history.
C.
Certificate of appropriateness may be required. The following
forms of development, unless specifically exempted in accordance with
the standards in this chapter, located on lands within the HFD Overlay
District shall be required to obtain a certificate of appropriateness,
in accordance with the procedures and requirements in § 72-23.1,
Certificate of appropriateness:
[Amended 6-11-2019 by Ord. No. 19-24]
(1)
New construction;
(2)
Any exterior alteration (except painting) to a principal or
accessory building or structure visible from a public right-of-way,
not to include alleys, or from public land;
(3)
Demolition, razing, or removal of any historic landmark, building,
or structure;
(4)
Installation of a new fence or wall; or
(5)
Installation of a new sign.
D.
Overlay standards applied in addition to other applicable district
standards.
(1)
Lands within the HFD Overlay District shall be subject to the
standards in this section, the City of Fredericksburg Historic District
Handbook, as well as all other applicable base and overlay zoning
district standards in Article 72-3, Zoning Districts.
(2)
For all lots within the HFD, front and side setbacks shall be
established by use of the rules for averaging setbacks in § 72-82.4B(2),
regardless of the setback requirements of the underlying zoning district
or any other overlay district in which the lot is located.
[Added 6-11-2019 by Ord.
No. 19-24]
(3)
In the event of conflict between the standards in this section
and any other applicable section of this chapter or other City regulation,
the standards of this section shall apply. The Virginia Uniform Statewide
Building Code including Part III the Virginia Maintenance Code shall
apply in the event of conflict between its standards and the standards
in this section.
[Amended 6-11-2019 by Ord. No. 19-24]
E.
Components of HFD Overlay District. The HFD Overlay District
shall consist of the following components, each of which has a unique
character to be considered by the Architectural Review Board (ARB)
in making decisions on certificates of appropriateness:
(1)
Downtown Historic District Component. This component shall consist
of that contiguous area along the Rappahannock River known generally
as the "historic downtown area" and being more particularly described
on that portion of the Official Zoning Map of the City consisting
of a map entitled "City of Fredericksburg, Virginia, Official Zoning
Overlay Map, Old and Historic Fredericksburg District Boundary."
(2)
Old Mill Historic District component. This component shall consist
of all those lots or parcels of land containing the following historic
sites and being more particularly described on that portion of the
official Zoning Map of the City consisting of a map entitled "City
of Fredericksburg, Virginia, Official Zoning Overlay Map, Downtown
Historic District Boundary:"
(a)
C.W. Wilder; Company Silk Mill/Klotz Throwing Company;
(b)
Embrey Power Plant;
(c)
Washington Woolen Mills;
(d)
City Electric Light Works;
(e)
Germania Mills;
(f)
Knox's Mill;
(g)
Bridgewater Mills;
(h)
Indian Punch Bowl;
(i)
Rappahannock Electric Light & Power Co.;
(j)
1907 Dam and Gates; and
(k)
Thornton's Mill.
(3)
Old Walker-Grant Historic District component. This component
shall consist of the contiguous area extending generally from Dunmore
Street south to Hazel Run and from Dixon Street, at Charles Street,
to the CSX Railroad right-of-way, as more particularly described on
that portion of the Official Zoning Map of the City consisting of
a map entitled "City of Fredericksburg, Virginia, Official Zoning
Overlay Map, Old and Historic Fredericksburg District Boundary."
(4)
Individual Historic Sites component. This component shall consist
of those parcels of land containing the following historic sites and
being more particularly described on that portion of the Official
Zoning Map of the City consisting of a map entitled "City of Fredericksburg,
Virginia, Official Zoning Overlay Map, Old and Historic Fredericksburg
District Boundary."
F.
Use regulations.
(1)
Uses permitted. Any permitted use, and any use allowed with
a special use permit in the underlying zoning district in which land
is located shall also be allowed within the HFD.
(2)
Special uses. The following uses shall also be permitted in
the HFD, in addition to those authorized within the underlying zoning
district, subject to the approval of a special use permit in accordance
with § 72-22.6, Special use permits:
(b)
Historic dependency, limited office or retail use.
[1]
No special use permit shall be granted pursuant
to this paragraph unless the property owner documents that the dependency
was constructed prior to 1865 as a detached dependency, and that said
dependency has been used previously for commercial office or retail
use.
(3)
Special use permit procedure. The ARB may review and make recommendations
to the Planning Commission on any application for a special use permit
in the HFD.
(4)
Application of Uniform Statewide Building Code standards. Nothing in this chapter shall be construed as preventing the application of the Uniform Statewide Building Code or other applicable ordinances to development in the HFD, subject to the conflict resolution provisions in Subsection D, above. Neither the owner nor the person in charge of an historic landmark, building, or structure shall allow such property to fall into a state of disrepair which may result in the deterioration of any exterior appurtenance or architectural feature so as to produce or tend to produce a detrimental effect upon the character of the HFD within the area of such property. The Zoning Administrator shall notify the Building Maintenance Official of a violation of this section that comes to the Administrator's attention.
[Amended 6-11-2019 by Ord. No. 19-24]
A.
Purpose and intent. The Railroad Station Overlay (RSO) District
shall be established to facilitate development, redevelopment, and
street geometry patterns that are consistent and compatible with each
other and with existing development within the area of the CSX railroad
station. This overlay district is created in order to provide for
a transition between downtown and residential areas south of downtown.
B.
Overlay standards applied in addition to other applicable district
standards. Lands within the RSO District shall be subject to the standards
in this section, as well as all other applicable base and overlay
district standards.
C.
Dimensional requirements. Development in the RSO shall comply
with the dimensional standards in Table 72-34.2C, Dimensional Standards
in the RSO District:
|
Table 72-34.2C, Dimensional Standards in the RSO District
| |
|---|---|
|
Dimensional Standard
|
Requirement
|
|
Minimum Lot Area
|
None
|
|
Minimum Lot Width
|
None
|
|
Front Setback, Minimum
|
Within 25% of the front setback of adjacent lots
|
|
Side Setback, Minimum
|
15 feet, when adjacent to a residential district
|
|
Rear Setback, Minimum
|
25 feet, when adjacent to a residential district
|
|
Floor Area Ratio, Maximum
|
2.0
|
|
Residential Density, Maximum
|
8 DU/AC for single- and multifamily development; 24 DU/AC within
a mixed-use development (at least 30% of the ground floor used for
retail sales, eating, or personal services establishments.
|
|
Building Height, Maximum
|
40 feet
|
|
Open Space, minimum
|
10%
|
A.
Purpose and intent. The Floodplain Overlay (FPO) District shall
be established to protect those portions of the City that are subject
to periodic inundation from floodwaters. The district provides development
regulations with the objectives of maintaining community safety from
floods and related dangers, protecting against loss of life, health,
and property from floods and related dangers, preserving and protecting
floodplains, and requiring appropriate construction practices to minimize
flood damage.
B.
Description of district.
(1)
Basis for Delineation of District The FPO District shall consist
of all lands within the jurisdiction of the City subject to inundation
by waters of the one-hundred-year flood. The basis for the delineation
of this district shall be:
(a)
The Flood Insurance Rate Map for the City of Fredericksburg,
Virginia, prepared by the Federal Emergency Management Agency, dated
September 19, 2007, as amended.
(b)
The insurance study, maps, and all notations, references
and other data shown thereon are hereby incorporated by reference
into this section and made a part of this chapter.
(2)
Flood Boundary Maps. The Flood Boundary Maps and studies shall
be kept on file in the office of the Stormwater Administrator.
C.
District components. The FPO District shall consist of four
separate components: the floodway, the flood fringe, the special floodplain
district and the approximated floodplain. These four components shall
be overlays to the existing underlying zoning districts as shown on
the Official Zoning Map approved by the City Council. The provisions
set forth in this section for the FPO District shall serve as supplements
to the underlying district provisions.
(1)
Floodway. The floodway consists of that area within the floodplain capable of carrying the waters of a one-hundred-year flood without increasing the water surface elevation of that flood more than one foot at any point. The areas included in the floodway are specifically defined in Table 2 of the Flood Insurance Study referenced in Subsection B above and shown on the accompanying Flood Boundary and Floodway Map.
(2)
Flood fringe. The flood fringe consists of that area within the one-hundred-year floodplain not included in the floodway. The basis for the outermost boundary of the flood fringe shall be the one-hundred-year flood elevations contained in the flood profiles of the flood insurance study referenced in Subsection B above and as shown on the accompanying Flood Boundary and Floodway Map.
(3)
Special floodplain district. The special floodplain district
is those areas identified as an AE Zone on the maps accompanying the
Flood Insurance Study for which one-hundred-year flood elevations
have been provided but for which no floodway has been delineated.
(4)
Approximated floodplain. The approximated floodplain consists
of that area within the floodplain for which no detailed flood profiles
or elevations are provided, but where a one-hundred-year floodplain
boundary has been approximated. Where the specific one-hundred-year
flood elevation and floodway cannot be determined for this area using
other sources of data, such as the United States Army Corps of Engineers
Floodplain Information Reports, the United States Geological Survey
Flood-Prone Quadrangles, etc., then the applicant for the proposed
use, development, or activity shall determine this elevation in accordance
with generally accepted hydrologic and hydraulic engineering techniques.
Hydrologic and hydraulic analyses shall be undertaken only by a professional
who is licensed to prepare such a analyses, who shall certify that
the technical methods used correctly reflect generally accepted technical
standards. Studies, analyses, computations, etc., shall be submitted
in sufficient detail to allow a thorough review by the City.
D.
Changes to district boundaries. The delineation of the FPO District
may be revised by the City Council where natural or man-made changes
have occurred, more detailed studies have been conducted or undertaken
by the United States Army Corps of Engineers or other qualified agency,
or an applicant has documented the need for such change. However,
prior to any such change, approval must be obtained from the Federal
Emergency Management Agency.
E.
Interpretation of district boundaries. Interpretations of the
boundaries of the FPO District shall be made by the Stormwater Administrator.
Any person aggrieved by a decision of the Stormwater Administrator
may appeal his decision to the Board of Zoning Appeals (BZA) in accordance
with § 72-22.8. Any person questioning or contesting the
location of a district boundary shall be given a reasonable opportunity
to present their case to the BZA and to submit technical evidence.
F.
Conflict. In the event of a conflict between the provisions
or requirements of the FPO District and those of any underlying district,
the more restrictive provisions pertaining to the areas within the
FPO District shall apply.
G.
Allowable uses.
(1)
All uses in the FPO shall require a zoning permit.
(2)
The Stormwater Administrator shall consider the impacts of the
following factors:
(a)
The Comprehensive Plan.
(b)
The type of proposed structures or uses.
(c)
The location of the proposed structures or uses.
(d)
Flood frequency.
(e)
The nature of flooding and historical flood impacts.
(f)
Access to the site for the proposed land use.
(g)
The nature and extent of proposed fill.
(h)
The impact of the proposal on the floodplain.
(i)
The potential increase in flood damage and risk
of human life.
(3)
No permit for new residential construction shall be granted
if the lowest floor, including basement, of the proposed structure
would be less than 1 1/2 feet above the water surface elevation
of the one-hundred-year flood.
(4)
No permit shall be granted for a nonresidential structure unless
adequate floodproofing to the level of the one-hundred-year flood
is provided in accordance with the Virginia Uniform Statewide Building
Code.
H.
General regulations; required approvals; application requirements.
(1)
No uses, activities, or development shall be established or
conducted within the FPO district unless all required zoning approvals
have been obtained.
(2)
All development shall be undertaken only in strict compliance
with the provisions of this section and with all other applicable
codes and ordinances, such as the Virginia Uniform Statewide Building
Code.
(3)
Prior to the issuance of any permit or certificate, the Stormwater
Administrator shall require all applications to include compliance
with all applicable state and federal laws.
(4)
Prior to any proposed alteration or relocation of any channel
of any watercourse, stream, etc., within the FPO District, all necessary
permits from the United States Army Corps of Engineers, the Virginia
Marine Resources Commission, and the State Water Control Board shall
be obtained. In addition, notification of the proposal shall be given
to all affected adjacent jurisdictions, the Division of Soil and Water
Conservation of the Virginia Department of Conservation and Recreation,
and the Federal Emergency Management Agency.
(5)
All applications for development in the FPO District shall incorporate
the following information:
(a)
For structures that have been elevated, the elevation
of the lowest floor (including basement);
(b)
For structures that have been floodproofed (nonresidential
only), the elevation to which the structure has been floodproofed;
(c)
The elevation of the one-hundred-year flood; and
(d)
Assurance that the flood carrying capacity within
the altered or relocated portion of any watercourse is maintained.
|
The Stormwater Administrator may require additional information
from an applicant, including, but not limited to, an engineering study
of the floodplain affected by the application.
|
I.
Standards for development in floodway.
(1)
In the floodway, no development shall be permitted except where
any increase in the base flood heights resulting from such development
is fully offset by accompanying improvements which have been approved
by all appropriate governmental authorities.
(2)
The placement of any manufactured home, except in an existing
manufactured home park or subdivision, within the floodway is prohibited.
J.
Standards for development in flood fringe, approximated floodplain
and special floodplain district.
(1)
Within the flood fringe and approximated floodplain. In the
flood fringe and approximated floodplain, the development or use of
land shall only be permitted if such use or development is undertaken
in strict compliance with the floodproofing and related provisions
contained in the Virginia Uniform Statewide Building Code and all
other applicable codes and ordinances.
(2)
Within the special floodplain district.
(a)
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,
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 foot at any point within the City.
(b)
Development activities in Zone AE on the City's
Flood Insurance Rate Map which increase the water surface elevation
of the base flood by more than one foot may be allowed, provided that
an applicant first applies, with the City's endorsement, for
a conditional Flood Insurance Rate Map revision, and receives the
approval of the Federal Emergency Management Agency.
K.
Nonconforming structures and uses. A structure or use of a structure
or premises which lawfully existed in the FPO District prior to June
12, 1979, but which does not conform with the provisions of this section,
may continue subject to the following conditions:
(1)
Existing structures or uses located in the floodway shall not
be expanded or enlarged unless the effect of the proposed expansion
or enlargement on flood heights is fully offset by accompanying improvements.
(2)
Any modification, alteration, repair, reconstruction, or improvement
of any kind to a structure or use located in the FPO District to an
extent or amount of less than 50% of the structure's fair market
value shall be elevated or floodproofed, to the maximum extent practicable.
(3)
The modification, alteration, repair, reconstruction, or improvement
of any kind to a structure or use, regardless of its location in the
FPO District, to an extent or amount of 50% or more of the structure's
fair market value shall be undertaken in compliance with the provisions
of the Virginia Uniform Statewide Building Code to the greatest extent
practicable.
L.
Design criteria for utilities and public facilities.
(1)
Sanitary sewer facilities. All new or replacement sanitary sewer
facilities (including pumping stations and collector systems) shall
be designed to minimize or eliminate infiltration of floodwaters into
the systems and discharges from the systems into the floodwaters.
In addition, they shall be located and constructed to minimize or
eliminate flood damage and impairment.
(2)
Water facilities. All new or replacement water facilities shall
be designed to minimize or eliminate infiltration of floodwaters into
the system and be located and constructed to minimize or eliminate
flood damage.
(3)
Drainage facilities. All storm drainage facilities shall be
designed and constructed in accordance with an approved stormwater
management plan and applicable state regulations. Such facilities
shall convey the flow of surface waters without damage to persons
or property. The systems shall ensure drainage away from buildings
and on-site waste disposal sites. The City Council may require a primarily
underground system to accommodate frequent floods and a secondary
surface system to accommodate larger, less frequent floods. Drainage
plans shall be consistent with the City's comprehensive stormwater
facilities plan and regional drainage plans approved by the City.
The facilities shall be designed to prevent the discharge of excess
runoff onto adjacent properties.
(4)
Utilities. All utilities such as gas lines, electrical systems
and telephone systems being placed in flood prone areas shall be located,
elevated (where possible), and constructed to minimize the chance
of impairment during a flooding occurrence.
(5)
Streets and sidewalks. Streets and sidewalks should be designed
to minimize their potential for increasing or aggravating the levels
of flood flow. Drainage openings shall be required to sufficiently
discharge flood flows without unduly increasing flood heights.
M.
Special exceptions.
(1)
The BZA shall have the authority to grant special exceptions
to this section, except that no special exception shall be granted
for any proposed use, development, or activity within the floodway
that will cause an increase in flood levels during a one-hundred-year
flood.
(2)
Any special exception granted shall be the minimum necessary,
considering the flood hazard, to afford the relief sought by the applicant.
(3)
In considering and deciding applications for special exceptions
under this section, the BZA shall consider the following factors:
(a)
The danger to life and property due to increased
flood heights or velocities caused by encroachments;
(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 individual
property owners;
(e)
The importance of the services provided by the
proposed facility to the community;
(f)
The requirements of the facility for a waterfront
location;
(g)
The availability of alternative locations for the
proposed use not subject to flooding;
(h)
The compatibility of the proposed use with existing
development and development anticipated in the foreseeable future;
(i)
The consistency of the proposed use with the City's
adopted Comprehensive Plan;
(j)
The safety of access to the property in time of
floods by ordinary and emergency vehicles;
(k)
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters expected at the
site;
(l)
Such other factors as are relevant to the purposes
of this section; and
(m)
The repair or rehabilitation of historic buildings
upon a determination that the proposed repair or rehabilitation will
not preclude the building's continued designation as a historic
building and the exception is the minimum necessary to preserve the
historic character and design of the building.
(4)
The BZA may refer any request for a special exception to any
design professional or other qualified person or agency for technical
assistance in evaluating the proposed project in relation to flood
heights and velocities, the adequacy of the plans for flood protection,
and other related matters.
(5)
The BZA shall inform the applicant that the issuance of a special
exception to construct a structure below the one-hundred-year flood
elevation increases risks to life and property and will result in
increased premium rates for flood insurance.
(6)
A record of the notification required by Subsection M(5) above, as well as all special exception actions, including justification for their issuance, shall be maintained by the BZA. Any special exception which is issued shall be noted in the annual report submitted to the Federal Emergency Management Agency.
A.
Purpose and intent. The governing body of the City of Fredericksburg,
acting pursuant to Chapter 13 (§ 28.2-1300 et seq.) of Title
28.2 of the Code of Virginia, adopts this section regulating the use
and development of wetlands.
B.
Definitions. The following terms apply to this section, unless
the context requires a different meaning:
- COMMISSION
- The Virginia Marine Resources Commission.
- COMMISSIONER
- The Commissioner of Marine Resources.
- GOVERNMENTAL ACTIVITY
- Any of the services provided by the City of Fredericksburg to its citizens for the purpose of maintaining the City of Fredericksburg, including but not limited to such services as constructing, repairing and maintaining roads; providing sewage facilities and street lights; supplying and treating water; and constructing public buildings.
- NONVEGETATED WETLANDS
- Unvegetated lands lying contiguous to mean low water and between mean low water and mean high water.
- PERSON
- Any individual, corporation, partnership, association, company, business, trust, joint venture, or other legal entity.
- VEGETATED WETLANDS
- Lands lying between and contiguous to mean low water and an elevation above mean low water equal to the factor 1 1/2 times the mean tide range at the site of the proposed project in the City of Fredericksburg and upon which is growing any of the following species: saltmarch cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens), saltgrass (Distichlis spicata), black needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens), arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata, big cordgrass (Spartina cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.), sea rocket (Cakile edentula), southern wildrice (Zizaniopsis miliacea), cattail (Typha spp.), three-square (Scirpus spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium distichum), black gum (Nyssa sylvatica), tupelo (Nyssa aquatica), dock (Rumex spp.), yellow pond lily (Nuphar sp.), march fleabane (Pluchea purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos), beggar's tick (Bidens sp.), smartweed (Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp (Amaranthus cannabinus), reed grass (Phragmites communis), or switch grass (Panicum virgatum).
- WETLANDS
- Both vegetated and nonvegetated wetlands.
- WETLANDS BOARD or BOARD
- A board created pursuant to Code of Virginia § 28.2-1303.
C.
Applicability. The following uses of and activities in wetlands
are authorized, if otherwise permitted by law:
(1)
The construction and maintenance of noncommercial catwalks,
piers, boathouses, boat shelters, fences, duckblinds, wildlife management
shelters, footbridges, observation decks and shelters and other similar
structures, provided that such structures are so constructed on pilings
as to permit the reasonably unobstructed flow of the tide and preserve
the natural contour of the wetlands;
(2)
The cultivation and harvesting of shellfish, and worms for bait;
(3)
Noncommercial outdoor recreational activities, including hiking,
boating, trapping, hunting, fishing, shellfishing, horseback riding,
swimming, skeet and trap shooting, and shooting on shooting preserves,
provided that no structure shall be constructed except as permitted
in § 72-54.3;
(4)
Other outdoor recreational activities, provided they do not
impair the natural functions or alter the natural contours of the
wetlands;
(5)
Grazing, haying, and cultivating and harvesting agricultural,
forestry or horticultural products;
(6)
Conservation, repletion and research activities of the Commission,
the Virginia Institute of Marine Science, the Department of Game and
Inland Fisheries and other conservation-related agencies;
(7)
The construction or maintenance of aids to navigation that are
authorized by governmental authority;
(8)
Emergency measures decreed by any duly appointed Health Officer
of a governmental subdivision acting to protect the public health;
(9)
The normal maintenance and repair of, or addition to, presently
existing roads, highways, railroad beds, or facilities abutting on
or crossing wetlands, provided that no waterway is altered and no
additional wetlands are covered;
(10)
Governmental activity in wetlands owned or leased
by the Commonwealth or a political subdivision thereof; and
(11)
The normal maintenance of man-made drainage ditches,
provided that no additional wetlands are covered. This paragraph does
not authorize the construction of any drainage ditch.
D.
Procedures for review.
(1)
Any person who desires to use or develop any wetland within
the City of Fredericksburg, other than for the purpose of conducting
activities specified in § 72-54.3, shall first file an application
for a permit with the Stormwater Administrator.
(2)
The permit application shall include the following:
(a)
The name and address of the applicant;
(b)
A detailed description of the proposed activities;
(c)
A map, drawn to an appropriate and uniform scale,
showing the area of wetlands directly affected, the location of the
proposed work thereon, the area of existing and proposed fill and
excavation, the location, width, depth and length of any proposed
channel and disposal area, and the location of all existing and proposed
structures, sewage collection and treatment facilities, utility installations,
roadways, and other related appurtenances or facilities, including
those on adjacent uplands;
(d)
A description of the type of equipment to be used
and the means of equipment access to the activity site;
(e)
The names and addresses of owners of record of
adjacent land and known claimants of water rights in or adjacent to
the wetland of whom the applicant has notice;
(f)
An estimate of cost;
(g)
The primary purpose of the project;
(h)
Any secondary purposes of the project, including
further projects;
(i)
The public benefit to be derived from the proposed
project;
(j)
A complete description of measures to be taken
during and after the alteration to reduce detrimental offsite effects;
(k)
The completion date of the proposed work, project,
or structure; and
(l)
Such additional materials and documentation as
the Wetlands Board may require.
(3)
A nonrefundable processing fee shall accompany each permit application.
The fee shall be set by the City of Fredericksburg, with due regard
for the services to be rendered, including the time, skill, and administrator's
expense involved.
(4)
All applications, maps, and documents submitted shall be open
for public inspection in the office of the Stormwater Administrator.
(5)
Not later than 60 days after an application has been officially
submitted, the Wetlands Board shall hold a public hearing on the application.
The applicant, local governing body, Commissioner, owner(s) of record
of any land adjacent to the wetlands in question, known claimants
of water rights in or adjacent to the wetlands in question, the Virginia
Institute of Marine Science, the Department of Game and Inland Fisheries,
the Water Control Board, the Department of Transportation, and any
governmental agency expressing an interest in the application shall
be notified of the hearing. The board shall mail these notices not
less than 20 days prior to the date set for the hearing. The Wetlands
Board shall also cause notice of the hearing to be published at least
once a week for two weeks prior to such hearing in a newspaper of
general circulation in the City of Fredericksburg. The published notice
shall specify the place or places within the City of Fredericksburg
where copies of the application may be examined. The costs of publication
shall be paid by the applicant.
(6)
Approval of a permit application shall require the affirmative
vote of three members of a five-member board or four members of a
seven-member board.
(7)
The chairman of the board, or in his absence the acting chairman,
may administer oaths and compel the attendance of witnesses. Any person
may testify at the public hearing. Each witness at the hearing may
submit a concise written statement of his testimony. The board shall
make a record of the proceeding, which shall include the application,
any written statements of witnesses, a summary of statements of all
witnesses, the findings and decision of the board, and the rationale
for the decision.
(8)
The board shall make its determination within 30 days of the
hearing. If the board fails to act within that time, the application
shall be deemed approved. Within 48 hours of its determination, the
board shall notify the applicant and the Commissioner of its determination.
If the board fails to make a determination within the thirty-day period,
it shall promptly notify the applicant and the Commission that the
application is deemed approved. For the purposes of this section,
"act" means taking a vote of the application. If the application receives
less than four affirmative votes from a seven-member board or less
than three affirmative votes from a five-member board, the permit
shall be denied.
(9)
If the board's decision is reviewed or appealed, the board
shall transmit the record of its hearings to the Commissioner. Upon
a final determination by the Commission, the record shall be returned
to the board. The record shall be open for public inspection at the
Office of Planning and Community Development.
(10)
The board may require a reasonable bond or letter
of credit in an amount and with surety and conditions satisfactory
to it, securing to the Commonwealth compliance with the conditions
and limitations set forth in the permit. The board may, after a hearing
held pursuant to this chapter, suspend or revoke a permit if the applicant
has failed to comply with any of the conditions or limitations set
forth in the permit or has exceeded the scope of work described in
the application. The board may, after a hearing, suspend a permit
if the applicant fails to comply with the terms and conditions set
forth in the application.
E.
Standards for review.
(1)
In fulfilling its responsibilities under this chapter, the board
shall preserve and prevent the despoliation and destruction of wetlands
within its jurisdiction, while accommodating necessary economic development
in a manner consistent with wetlands preservation.
(2)
In deciding whether to grant, grant in modified form, or deny
a permit, the board shall consider the following:
(a)
The testimony of any person in support of or in
opposition to the permit application;
(b)
The impact of the proposed development on the public
health, safety, and welfare; and
(c)
The proposed development's conformance with
the standards prescribed in Code of Virginia § 28.2-1308
and the guidelines promulgated in Code of Virginia § 28.2-1301.
(3)
The board shall grant the permit if all of the following criteria
are met:
(a)
The anticipated public and private benefit of the
proposed activity exceeds its anticipated public and private detriment.
(b)
The proposed development conforms with the standards
prescribed in Code of Virginia § 28.2-1308 and the guidelines
promulgated in Code of Virginia § 28.2-1301.
(c)
The proposed activity does not violate the purposes
and intent of this chapter or Chapter 13 (§ 28.2-1300 et
seq.) of Title 28.2 of the Code of Virginia.
F.
Standards for issuance of permit.
(1)
The permit shall be in writing, signed by the chairman of the
board or his authorized representative, and notarized. A copy of the
permit shall be transmitted to the Commissioner.
(2)
No permit shall be granted without an expiration date established
by the board. Upon proper application, the board may extend the permit
expiration date.
(3)
No permit granted by the Wetlands Board shall in any way affect
the applicable zoning and land use ordinances of the City of Fredericksburg
or the right of any person to seek compensation for any injury in
fact incurred by him because of the proposed activity.
A.
Purpose and intent. The Chesapeake Bay Preservation Overlay
(CBPO) District is created for the following purposes:
(1)
Protecting sensitive environmental lands within the City;
(2)
Safeguarding the quality of state waters, including the Chesapeake
Bay and the Rappahannock River;
(3)
Reducing existing pollution of state waters; and
(4)
Promoting water resource conservation for the health, safety,
and welfare of all present and future citizens of the City.
B.
Applicability. The continued pollution of the Chesapeake Bay
and its tributaries, including the Rappahannock River, and the adoption
of the Chesapeake Bay Preservation Act (Code of Virginia § 10.1-2100),
requiring the City's passage of this section, constitutes a change
in circumstances substantially affecting the public health, safety,
and welfare of the citizens of the City. As a result, the standards
in this section shall apply to all lands designated to be within the
CBPO boundary, including lands rezoned by the City prior to October
8, 2013.
C.
Applied in addition to other zoning district standards.
D.
Description of CBPO district boundaries.
(1)
Generally. The CBPO District shall consist of all lands designated
by City Council as resource protection areas and resource management
areas and shown on the official maps known as the "Chesapeake Bay
Preservation Area Maps." Such maps are hereby incorporated by reference
and made a part of this chapter.
(2)
Resource protection areas.
(a)
Resource protection areas (RPAs) shall include
the following land categories:
[1]
Tidal wetlands;
[2]
Nontidal wetlands connected by surface flow and
contiguous to tidal wetlands or water bodies with perennial flow;
[3]
Tidal shores;
[4]
Such other lands meeting the definition of "resource
protection area" that the Stormwater Administrator determines are
necessary to protect the quality of state waters; and
[Amended 6-10-2014 by Ord. No. 14-25]
[5]
Vegetated buffer areas 100 feet in width, located
adjacent to and landward of RPAs, and along both sides of any water
body with perennial flow.
(3)
Resource management areas. Resource management areas (RMAs)
may include the following land categories:
(a)
One-hundred-year floodplains;
(b)
Highly erodible soils, including lands with slopes
25% or greater;
(c)
Highly permeable soils; and
(d)
Ponds, nontidal wetlands, intermittent streams
and such other lands meeting the definition of "resource management
area" that the City Council determines are necessary to protect the
quality of state waters.
(4)
Intensely developed areas. Intensely developed areas (IDAs)
shall consist of those portions of resource protection areas meeting
the definition of "intensely developed area" and that have been so
designated by the City Council and shown on the City's Chesapeake
Bay Preservation Area Maps.
E.
Interpretation of resource protection area boundaries.
(1)
Generally. The CBPO Map may be used as a guide to the general
location of resource protection areas. However, the site-specific
boundaries of the resource protection area shall be determined by
the applicant through the performance of an environmental site assessment
or water quality impact assessment, subject to approval by the Stormwater
Administrator and in accordance with this section.
[Amended 6-10-2014 by Ord. No. 14-25]
(2)
Construction of single-family dwelling. The Stormwater Administrator
may waive the requirement for an environmental site assessment and
perform the delineation when requested by the applicant wishing to
construct a single-family dwelling. The Stormwater Administrator may
use hydrology, soils, plant species, and other data, and consult with
other appropriate resources, as needed, to perform the delineation.
[Amended 6-10-2014 by Ord. No. 14-25]
F.
Permitted and special uses. Permitted uses, special permit uses,
and additional regulations within the CBPO District shall be established
by the underlying base or overlay zoning district, unless specifically
modified by the requirements of this section.
G.
Facilities permitted in resource protection areas.
(1)
Generally. The only facilities allowed within resource protection
areas in the CBPO district shall consist of:
(2)
Water-dependent facilities. A new or expanded water dependent
facility may be allowed provided that the following criteria are met:
(a)
It does not conflict with the Comprehensive Plan;
(b)
It complies with the performance criteria set forth
in this section;
(c)
Any non-water-dependent component is located outside
of the RPA; and
(d)
Access to the water-dependent facility will be
provided with the minimum disturbance necessary. Where practicable,
a single point of access will be provided.
(3)
Redevelopment. Redevelopment on isolated redevelopment sites
outside of locally designated "intensely developed areas" sites shall
be permitted only if:
(4)
Wells, passive recreation, and historic preservation. Water
wells, passive recreation facilities such as boardwalks, trails, and
pathways, and historic preservation and archaeological activities
may be permitted in the RPA, provided that they comply with the following:
(a)
Any required permits, shall have been issued;
(b)
Sufficient and reasonable proof is submitted that
the intended use will not deteriorate water quality;
(c)
The intended use does not conflict with nearby
planned or approved uses; and
(d)
Any land disturbance exceeding an area of 2,500
square feet shall comply with the City's erosion and sediment
control requirements.
(5)
Flood control and stormwater management facilities. Flood control
and stormwater management facilities that drain or treat water from
multiple development projects or from a significant portion of a watershed
may be allowed in the RPA, provided that the following conditions
are met:
(a)
The Stormwater Administrator has conclusively established
that the location of the facility within the RPA is the optimum location;
[Amended 6-10-2014 by Ord. No. 14-25]
(b)
The size of the facility is the minimum necessary
to provide necessary flood control, stormwater management, or both;
(c)
The facility is consistent with the City's
stormwater management program that has been approved by CBLAB as a
Phase I program modification;
(d)
All applicable permits for construction have been
obtained from the appropriate state and federal agencies;
(e)
The Stormwater Administrator has approved the project
prior to construction; and
[Amended 6-10-2014 by Ord. No. 14-25]
(f)
Routine maintenance will be performed to assure
that these facilities continue to perform as designed.
H.
Development standards in the CBPO. The following additional
design standards shall be required and provided for in the site plan
and shall apply to all development and redevelopment within the CBPO
District:
(1)
Land disturbance shall be limited to the area necessary to provide
for the proposed development or redevelopment as follows:
[Amended 6-10-2014 by Ord. No. 14-25]
(a)
In accordance with an approved site plan, the limits
of land disturbance, including clearing or grading, shall be strictly
defined by the construction footprint. These limits shall be clearly
shown on the site plan and physically marked on the development site
as directed by the Stormwater Administrator; and
(b)
Ingress and egress during construction shall be
limited to one access point, unless otherwise approved by the Stormwater
Administrator.
(2)
Indigenous vegetation shall be preserved to the maximum extent
practicable, consistent with the use and development permitted and
in accordance with the current edition of the Virginia Erosion and
Sediment Control Handbook of the Virginia Department of Conservation
and Recreation as follows:
(a)
Trees over eight inches diameter at breast height
shall be preserved outside the construction footprint, unless otherwise
authorized by the Stormwater Administrator. Diseased trees or trees
weakened by age, storm, fire, or other injury may be removed.
[Amended 6-10-2014 by Ord. No. 14-25]
(b)
Prior to clearing or grading, suitable protective
barriers shall be erected five feet outside of the dripline of any
tree or stand of trees to be preserved. These protective barriers
shall remain so erected throughout all phases of construction. The
storage of equipment, materials, debris, or fill shall not be allowed
within the area protected by the barrier.
(3)
Land development shall minimize impervious cover to promote
infiltration of stormwater into the ground, consistent with the use
or development permitted.
(4)
Non-point-source pollution shall be controlled in accordance
with the water quality provisions of the Virginia Stormwater Management
Regulations by the use of best management practices to achieve the
following:
(a)
For development, the post-development non-point-source
pollution runoff load shall not exceed the pre-development load, based
upon the average land cover conditions of the Chesapeake Bay Watershed,
as calculated by the Chesapeake Bay local assistance department of
the Commonwealth of Virginia;
(b)
For redevelopment of land that has been previously
developed, the non-point-source pollution load shall be reduced by
at least 10%; and
(c)
For redevelopment, both the pre- and post-development
loadings shall be calculated by the same procedures. However, where
the design data is available, the original post-development non-point-source
pollution loadings may be substituted for existing development loadings;
(5)
Prior to initiating grading or other on-site land disturbing
activities on any portion of a lot or parcel, all wetlands permits
required by federal, state, and local laws and regulations shall be
obtained and evidence of such permits submitted to the Stormwater
Administrator as part of site plan review.
[Amended 6-10-2014 by Ord. No. 14-25]
(6)
To the extent feasible, water lines, sewer lines, local gas
transmission lines shall:
(a)
Be located outside of resource protection areas;
(b)
Disturb no more land than is necessary to provide
for installation;
(c)
Be designed in a manner that protects water quality;
and
(d)
Comply with the City's soil erosion and sediment
control standards if the installation disturbs more than 2,500 square
feet of land.
(7)
Construction, installation, operation, and maintenance of electric,
natural gas, fiber-optic, and telephone transmission lines, railroads,
and public roads and their appurtenant structures shall be constructed
and maintained in accordance with:
(a)
Regulations promulgated pursuant to the Erosion
and Sediment Control Law (§ 10.1-560 et seq., Code of Virginia,
as amended.);
(b)
The Stormwater Management Act (§ 10.1-603.1
et seq., Code of Virginia, as amended);
(c)
An erosion and sediment control plan and a stormwater
management plan approved by the Virginia Department of Conservation
and Recreation; or
(d)
Local water quality protection criteria at least
as stringent as the above state requirements;
(8)
Any exemption of public roads is conditioned on a design that
prevents or otherwise minimizes encroachment into the resource protection
area and minimizes any adverse effects on water quality, consistent
with all applicable requirements.
I.
Resource protection area buffer requirements.
(1)
Buffer required.
(a)
To minimize the adverse effect of human activities
on the other components of resource protection areas, state waters,
and aquatic life, a vegetated buffer area that is effective in retarding
runoff, preventing erosion, and filtering nonpoint source pollution
from runoff shall be:
(b)
Such buffer areas shall be designated as the landward
components of RPAs and shall be located adjacent to and landward of
other RPA components, including both sides of any water body with
perennial flow.
(c)
A one-hundred-foot buffer area shall be deemed
to achieve a 75% reduction of sediments and a 40% reduction of nutrients.
(2)
Vegetation removal. In order to maintain the functional value
of buffer areas, indigenous vegetation may be removed, subject to
approval by the Stormwater Administrator, to provide for reasonable
sight lines, access paths, general woodlot management, and best management
practices, including those designed to prevent upland erosion and
concentrated flows of stormwater, as follows:
[Amended 6-10-2014 by Ord. No. 14-25]
(a)
Trees may be pruned or removed as necessary to
provide for sight lines and vistas, provided that where removed, they
shall be replaced with other vegetation that is equally effective
in retarding runoff, preventing erosion, and filtering nonpoint source
pollution from runoff;
(b)
Any path shall be constructed and surfaced so as
to effectively control erosion;
(c)
Dead, diseased, or dying trees or shrubbery may
be removed; thinning of trees may be allowed in accordance with sound
horticultural standards;
(d)
For shoreline erosion control projects, trees and
woody vegetation may be removed, necessary control techniques employed,
and appropriate vegetation established to protect or stabilize the
shoreline in accordance with the best available technical advice and
applicable permit conditions or requirements; and
(e)
In IDAs, the Stormwater Administrator shall have
the authority to require the establishment of vegetation within the
one-hundred-foot-wide buffer area. Consideration shall be given to
establishing vegetation in such areas over time in order to maximize
water quality protection, pollutant removal, and water resource conservation.
(3)
Permitted encroachment into the buffer.
[Amended 6-10-2014 by Ord. No. 14-25]
(a)
Where the application of the buffer area would
result in the loss of a buildable area on a lot or parcel recorded
prior to October 1, 1989, encroachments into the buffer area may be
permitted by the Stormwater Administrator, in accordance with the
following criteria:
[1]
Encroachments into the buffer area shall the minimum
necessary to achieve a reasonable buildable area for the principal
structure and necessary utilities;
[2]
Where practicable, a vegetation area that will
maximize water quality protection, mitigate the effects of the buffer
encroachment, and is equal to the area of encroachment into the buffer
area shall be established elsewhere on the lot or parcel; and
[3]
No encroachment may extend into the seaward 50
feet of the buffer area.
(b)
Where the application of the buffer area would
result in the loss of a buildable area on a lot or parcel recorded
between October 1, 1989, and March 1, 2002, encroachments into the
buffer area may be permitted by the Stormwater Administrator, in accordance
with the following criteria:
[1]
The lot or parcel was created as a result of a
legal process conducted in conformity with this chapter;
[2]
The conditions or mitigation measures imposed through
a previously approved special exception, variance, or other City approval
under this chapter have been fully met;
[3]
If the use of a best management practice was previously
required, the BMP shall be evaluated to determine if it continues
to function effectively and, if necessary, reestablished or repaired
and maintained as required; and
[4]
The criteria in Subsection I(3)(a)[1] above shall be met.
J.
Exceptions to RPA standards.
(1)
A request for an exception to the RPA standards in Subsection I above shall be made in writing to the Stormwater Administrator. It shall identify the impacts of the proposed exception on water quality and on lands within the resource protection area through the performance of a water quality impact assessment which complies with the provisions of Subsection L(2) and (3) below.
[Amended 6-10-2014 by Ord. No. 14-25]
(2)
The Stormwater Administrator shall notify the affected public
of any such exception requests and shall consider these requests in
a public hearing in accordance with § 15.2-2204 of the Code
of Virginia, as amended, except that only one hearing shall be required.
[Amended 6-10-2014 by Ord. No. 14-25]
(3)
The Board of Zoning Appeals (BZA) shall review the request for
an exception and the water quality impact assessment and may grant
the exception with such conditions and safeguards as deemed necessary
to further the purpose and intent of this article if the BZA finds:
(a)
Granting the exception will not confer upon the
applicant any special privileges denied by this article to other property
owners in the overlay district;
(b)
The exception request is not based on conditions
or circumstances that are self-created or self-imposed, nor does the
request arise from conditions or circumstances either permitted or
nonconforming that are related to adjacent parcels;
(c)
The exception request is the minimum necessary
to afford relief;
(d)
The exception request will be in harmony with the
purpose and intent of the overlay district, not injurious to the neighborhood
or otherwise detrimental to the public welfare, and is not of substantial
detriment to water quality; and
(e)
Reasonable and appropriate conditions are imposed
which will prevent the exception request from causing a degradation
of water quality.
(4)
If the BZA cannot make the required findings or refuses to grant
the exception, the Stormwater Administrator shall return the request
for an exception together with the water quality impact assessment
and the written findings and rationale for the decision to the applicant.
[Amended 6-10-2014 by Ord. No. 14-25]
K.
Review of state projects and exempt uses.
(1)
Notwithstanding any other provision of law to the contrary,
the Stormwater Administrator shall require all agencies of the commonwealth
and shall request all federal agencies, railroads, and public utilities
proposing to undertake development or redevelopment within the CBPO
District to submit the site plan information required by this section,
mutatis mutandis, to the Stormwater Administrator in order for the
Stormwater Administrator to determine whether such development or
redevelopment is consistent with the provisions of this section.
[Amended 6-10-2014 by Ord. No. 14-25]
(2)
For all state projects, the Stormwater Administrator shall transmit
the results of review to the State Council on the Environment or other
appropriate state agencies responsible for ensuring consistency of
state projects with the City's Chesapeake Bay Preservation Ordinance,
as required by Code of Virginia § 10.1-2114.
[Amended 6-10-2014 by Ord. No. 14-25]
(3)
The City Manager shall communicate periodically at least annually
with all railroads, public utilities, the state department of transportation,
and all other federal, state and local agencies and departments which
could reasonably be expected to undertake development or redevelopment
within the CBPO District and inform such entities of the terms of
the City's CBPO and any amendments thereto.
(4)
It shall be the intent of this section for the Stormwater Administrator
to seek voluntary compliance by such entities with the provisions
of this section.
[Amended 6-10-2014 by Ord. No. 14-25]
L.
Site plan requirements in the CBPO.
(1)
General information. If any proposed development or redevelopment
within the CBPO District exceeds 2,500 square feet of land disturbance,
then the following additional information shall be submitted as all
or part of the site plan required by this section:
(a)
An environmental site assessment, drawn to scale
and field verified, which clearly delineates:
[1]
Tidal wetlands;
[2]
Nontidal wetlands connected by surface flow and
contiguous to tidal wetlands or any water bodies of perennial flow,
consistent with the procedures specified in the Federal Manual for
Identifying and Delineating Jurisdictional Wetlands, (1987), as hereafter
amended;
[3]
Tidal shores;
[4]
Other lands designated by the City Council as resource
protection areas and shown on the official maps known as the "Chesapeake
Bay Preservation Maps;"
[5]
Buffer areas located adjacent to and landward of the components listed in Subsection L(1)(a)[1] through [4] above;
[6]
One-hundred-year floodplains, highly erodible soils,
highly permeable soils, ponds, nontidal wetlands, and intermittent
streams.
[7]
Any other related information requested by the
Stormwater Administrator;
[Amended 6-10-2014 by Ord. No. 14-25]
(b)
A vegetation plan, certified by a design professional,
meeting the following requirements:
[1]
The plan shall be drawn to scale and shall clearly
set forth the location, size, and description of existing and proposed
plant material and all existing trees on the site eight inches or
greater in diameter at breast height. Where there are groups of trees,
stands may be outlined instead. Trees eight inches or greater in diameter
at breast height to be preserved outside of the construction footprint
shall be indicated. Trees to be removed to create a desired construction
footprint shall be clearly delineated;
[2]
The buffer area shall be clearly delineated, as
well as any plant material to be added in order to establish or supplement
such buffer area;
[3]
Within buffer areas, trees to be removed for sight
lines, vistas, access paths, shoreline stabilization projects, or
best management practices required by this division shall be shown.
Vegetation required by this chapter to replace existing trees within
the buffer area shall also be depicted;
[4]
The plan shall depict grade changes or other work
adjacent to trees that would adversely affect them. Specifications
shall be provided as to how grade, drainage, and aeration will be
maintained around trees to be preserved;
[5]
The plan shall include specifications for the protection
of existing trees during clearing, grading, and all phases of construction;
(c)
A non-point-source pollution control plan containing
the following elements:
[1]
The location and design of all planned non-point-source
pollution control devices;
[2]
Procedures for implementing nonstructural non-point-source
pollution control practices and techniques;
[3]
Pre- and post-development non-point-source pollutant
loadings, with supporting documentation of all utilized coefficients
and calculations; and
[4]
Appropriate design calculations performed in accordance
with procedures outlined in the current edition of the Local Assistance
Manual of the Chesapeake Bay Local Assistance Department or any other
engineering method deemed appropriate by the Stormwater Administrator;
and
[Amended 6-10-2014 by Ord. No. 14-25]
(d)
Evidence that all wetlands permits required by
law have been obtained.
(2)
Water quality impact assessment.
(a)
A water quality impact assessment shall be required
for any development which will result in any land disturbance within
an RPA and for any other development within the CBPO District where
the Stormwater Administrator deems such assessment necessary. The
assessment shall identify the impacts of the proposed development
on water quality and lands within RPAs and set forth specific measures
for mitigating such impacts.
[Amended 6-10-2014 by Ord. No. 14-25]
(c)
A minor water quality impact assessment shall include
a site drawing to scale that shows the following:
[1]
The location of the components of the RPA, including
all vegetated buffer areas;
[2]
The location and nature of the proposed encroachment
into the buffer area, including: type of paving material; areas of
clearing or grading; and location of any structures, drives, or other
impervious cover;
[3]
The type and location of the proposed best management
practices to mitigate the proposed encroachment; and
[4]
Any other relevant information requested by the
Stormwater Administrator.
[Amended 6-10-2014 by Ord. No. 14-25]
(d)
A major water quality impact assessment shall be
required if the proposed development:
[1]
Will result in an encroachment into any portion
of the buffer area lying more than 50 feet from an RPA feature and
in the disturbance of more than 10,000 square feet of land;
[2]
Will result in the disturbance of any portion of
the buffer area lying within 50 feet of an RPA feature or any other
component of a resource protection area other than an encroachment
into any portion of the buffer area lying more than 50 feet from an
RPA feature; or
[3]
Is located, in whole or in part, within a resource
management area and the Stormwater Administrator determines that a
major water quality impact assessment is warranted due to the unique
characteristics of the site or the intensity of the proposed use or
development.
[Amended 6-10-2014 by Ord. No. 14-25]
(3)
Water quality impact assessment contents. A major water quality
impact assessment shall include the following information and elements:
(a)
All information required for a minor water quality impact assessment under Subsection L(2)(c) above;
(b)
A hydrogeological survey that:
[1]
Describes the existing topography, soils, hydrology,
and geology of the site and adjacent lands;
[2]
Describes the impacts of the proposed development
on topography, soils, hydrology, and geology on the site and adjacent
lands;
[3]
Indicates any proposed disturbance or destruction
of wetlands and the justification for such action;
[4]
Indicates any proposed disruption or reduction
in the supply of water to wetlands, streams, lakes, rivers or other
water bodies;
[5]
Indicates any proposed disruption to existing hydrology,
including wetland and stream circulation patterns;
[6]
Indicates the source location and description of
proposed fill material;
[7]
Indicates the proposed location of dredge material
and location of dumping areas for such material;
[8]
Indicates the location of and potential impacts
on shellfish beds, submerged aquatic vegetation, and fish spawning
areas;
[9]
Indicates an estimate of pre- and post-development
pollutant runoff loads;
[10]
Indicates an estimate of the percentage increase
in impervious surface on the site and the proposed types of surfacing
materials to be used;
[11]
Indicates the percentage of the site to be cleared;
[12]
Indicates the anticipated duration and phasing
schedule of construction;
[13]
Indicates a listing of all required permits from
all applicable agencies necessary to develop the project; and
(c)
Describes the proposed mitigation measures for
the potential hydrogeological impacts;
(d)
Includes a vegetation survey that:
[1]
Identifies and delineates the location of all significant
plant material on site, including all trees eight inches or greater
in diameter at breast height or, where there are groups of trees,
an outline of stands;
[2]
Describes the potential impacts of the proposed
development or use on existing vegetation;
[3]
Describes the general limits of clearing;
[4]
Provides a clear delineation of trees to be removed;
and
[5]
Describes the plant species to be disturbed or
removed;
(e)
Describes the potential mitigation measures for
the potential impacts on existing vegetation; and
(f)
Any other relevant information requested by the
Stormwater Administrator.
[Amended 6-10-2014 by Ord. No. 14-25]
A.
Purpose and intent. The Gateway Corridor Overlay (GCO) District
is hereby created to provide additional architectural and site requirements
for development and redevelopment along key highways and roads leading
into the City's central business and historic district in order
to reduce visual clutter, to promote public safety, and to preserve
the aesthetic, natural, and historic values of the overlay district
by:
(1)
Encouraging a mixture of land uses with adequate buffering,
screening, and landscaping to help reduce the visual impacts of development;
(2)
Requiring site development, layout, and design that will reduce
traffic congestion and promote safer driving conditions;
(3)
Enhancing the overall appearance and natural environment of
the City's gateway corridors in order to make them more inviting
to tourists and other visitors;
(4)
Promoting development and redevelopment that is compatible with
and sensitive to the natural and historic resources of the district
and the neighborhoods;
(5)
Encouraging well-planned development that employs consistent
and unifying site design themes and practices and that provides quality
site amenities (e.g., ornamental lighting, pedestrian walkways, and
gardens); and
(6)
Promoting development that utilizes structural and landscape
improvements to enhance the visual appearance of such development
and to complement other new development within the corridor.
B.
Applicability.
(1)
In general.
(2)
Exemptions. Single-family detached dwellings shall be exempt
from building elements (orientation, treatment, entrances/windows)
guidelines in the Design Guidelines for each corridor.
[Amended 2-11-2014 by Ord. No. 14-10]
(3)
Conflict with other provisions. In the event of conflict between
the provisions of this section and another City ordinance or regulation,
the more restrictive provision shall control.
C.
Procedure for review. New development or redevelopment, signs,
facade changes, and lighting visible from a public right-of-way within
the GCO District proposed within the GCO shall be reviewed in accordance
with the standards and requirements in § 72-23.2, Corridor
design review.
D.
Subdistricts distinguished. The GCO shall be comprised of a
series of subdistricts, each with unique development and design standards.
The subdistricts comprising the GCO include the following:
(1)
Cowan Boulevard Corridor. The Cowan Boulevard Corridor Subdistrict
shall include all lands beginning at the intersection of Jefferson
Davis Highway (U.S. Route 1 Bypass) and Cowan Boulevard and running
along Cowan Boulevard in a northwesterly direction to its intersection
with Interstate Route 95. The district shall extend back on each side
of Cowan Boulevard a distance of 500 feet, as measured from the edge
of the public right-of-way, and being more particularly described
on that portion of the Official Zoning Map of the City consisting
of a map entitled "City of Fredericksburg, Virginia, Official Zoning
Overlay Map, Cowan Boulevard Gateway Corridor Boundary."
(2)
Fall Hill Avenue Corridor. The Fall Hill Avenue Corridor Subdistrict
shall include all lands beginning at the intersection of Fall Hill
Avenue and Riverside Drive and running along Fall Hill Avenue in a
westerly direction to its intersection with Interstate Route 95. The
district shall extend back on each side of Fall Hill Avenue a distance
of 500 feet, as measured from the edge of the public right-of-way,
and being more particularly described on that portion of the Official
Zoning Map of the City consisting of a map entitled "City of Fredericksburg,
Virginia, Official Zoning Overlay Map, Fall Hill Avenue Gateway Corridor
Boundary."
(3)
Princess Anne Street Corridor. The Princess Anne Street Corridor
Subdistrict shall include all lands beginning at the intersection
of Jefferson Davis Highway (U.S. Route 1 Bypass) and Princess Anne
Street and running along Princess Anne Street in a southerly direction
to its intersection with Fauquier Street. The district shall include
those properties that are contiguous to Princess Anne Street being
more particularly described on that portion of the Official Zoning
Map of the City consisting of a map entitled "City of Fredericksburg,
Virginia, Official Zoning Overlay Map, Princess Anne Street Gateway
Overlay Corridor."
(4)
Lafayette Boulevard Corridor. The Lafayette Boulevard Corridor
Subdistrict shall include all lands beginning at the intersection
of Lafayette Boulevard and Prince Edward Street and running along
Lafayette Boulevard in a westerly direction to the City/county line.
The district shall include those properties that are contiguous to
Lafayette Boulevard being more particularly described on that portion
of the Official Zoning Map of the City consisting of a map entitled
"City of Fredericksburg, Virginia, Official Zoning Overlay Map, Lafayette
Boulevard Corridor Overlay District."
E.
Prohibited uses. Notwithstanding the provisions of § 72-62,
Nonconforming uses, or Article 72-4, §§ 72-41 and 72-42,
Principal and accessory uses, the following uses are expressly prohibited
within the gateway corridors overlay district:
[Amended 11-14-2017 by Ord. No. 17-22]
F.
Additional standards for the Cowan Boulevard and Fall Hill Avenue
Corridor Subdistricts. Development on parcels within the Cowan Boulevard
and Fall Hill Avenue Corridor Subdistricts shall comply with the following:
(1)
Streetscape buffers. The front yard setback areas within the
GCO shall be reserved for streetscape buffers consisting primarily
of landscaped open space and berms, but may also include amenities
such as sidewalks, trails, utilities, and lighting, in accordance
with the following standards:
(a)
A streetscape buffer, comprised of trees and shrubs,
shall be provided where needed to screen parking areas, electrical,
and mechanical devices.
(b)
Each streetscape buffer shall incorporate at least
one large shade tree of two inches in diameter DBH for every 30 linear
feet of road frontage (excluding driveways).
(c)
Above-grade streetscape buffers along the Cowan
Boulevard and Fall Hill Avenue Corridors shall include berms at least
three feet in height. The height and design of such berms and all
vegetation planted thereon shall be approved by the Development Administrator.
(d)
Vegetation planted within the streetscape buffer
shall be of a type and positioned so that, when fully grown, it will
not interfere with existing overhead or underground utility lines.
(e)
All electrical, data, and mechanical devices taller
than one foot in height and located within the streetscape buffer
shall be screened with landscaping.
(f)
No chain-link, vinyl, or plastic fencing shall
be permitted within the streetscape buffer area.
(g)
Landscaped entrance areas shall be irrigated and
properly maintained. Xeriscaping practices shall be encouraged, as
practicable.
(h)
The streetscape buffer shall be properly maintained
and any landscaping that dies or is substantially destroyed shall
be replaced with like species.
[Amended 2-11-2014 by Ord. No. 14-10]
(2)
Vehicular access. Vehicular use areas shall be provided, in
accordance with the requirements set forth in Article 72-5. To the
maximum extent practicable, vehicular access to lots along gateway
corridors shall be provided by means of shared curb cuts so as to
limit the number of individual entrances onto such corridors.
(3)
Exterior lighting. Exterior lighting shall comply with the maximum
illumination standards in § 72-58, Exterior lighting.
(4)
Screening.
(a)
On lands zoned for office, commercial, or multifamily
residential use, heating and air conditioning units, ventilation units,
mechanical equipment, loading dock and service areas, trash containers,
and security fencing (e.g., chain-link fences) shall be located out
of view from the adjacent property or screened from view at the property
line by an opaque fence, wall, or hedge of sufficient height to fully
obscure view of the site feature.
(b)
Screening devices shall be compatible with the
design of the buildings and surrounding natural vegetation, and may
consist of appropriate walls, plantings, or fencing.
(c)
Surface runoff structures and stormwater detention
ponds shall be designed to fit into the natural topography to the
greatest extent practicable, as determined by the Zoning Administrator,
in order to minimize the need for screening.
(5)
Landscaping. Landscaping shall be provided in accordance with
the standards set forth in Article 72-5.
(6)
Building and fence design standards.
(a)
The architectural design and treatment of buildings
and structures in a multi-building development shall be compatible
with buildings located within the same project. Compatibility shall
be achieved through the consistent use of similar building mass, scale,
materials, signage, site amenities, and other architectural features
appropriate to the site.
(b)
All buildings on a site or within a single development
shall use form, shape, scale, materials, and mass to create a cohesive
theme or design for the overall site or development.
(c)
No cinderblock, metal, or unadorned concrete block
building facades shall be permitted for new development. The exterior
of accessory buildings shall be compatible with the materials of the
primary or principal building(s) and shall be architecturally consistent
with the primary building(s).
(d)
Trademark or prototype buildings shall be modified
in design and materials to be architecturally compatible with the
overall site or development and with neighboring properties.
(7)
Signage shall comply with § 72-59.
[Amended 11-14-2017 by Ord. No. 17-22]
G.
Additional standards for the Princess Anne Street Corridor Subdistrict
Development on parcels within the Princess Anne Street Corridor Subdistrict
shall comply with the following:
(1)
Subdistrict components. The Princess Anne Street Corridor Subdistrict
is comprised of several component areas (each with specialized standards)
identified in the Princess Anne Street Historic Corridor Overlay District
Design Guidelines document on file in the office of the Planning Department.
(2)
Design standards. All development subject to these standards
shall comply with the provisions in the Princess Anne Street Historic
Corridor Overlay District Design Guidelines document, dated June 12,
2007.
(3)
Building bulk and massing.
(a)
The maximum footprint of buildings in the Old Route
1 Highway and the Mill District shall not exceed 25,000 square feet,
though exceptions can be made pursuant to the criteria stated in the
Princess Anne Street Historic Corridor Overlay District Design Guidelines.
(b)
The maximum footprint of buildings in the Transition
district shall not exceed 6,000 square feet.
(4)
Yard requirements. The setbacks contained within section of
the Princess Anne Street Historic Corridor Overlay District Design
Guidelines shall replace the minimum front setbacks set forth in the
applicable base zoning district.
(5)
Design and location of parking lots. Parking areas shall be
located to the rear or sides of buildings. Up to one double sided
bay of parking is permitted in front of buildings within the Old Route
1 portion of the Princess Anne Street Historic Corridor Overlay District.
In all other aspects, vehicular use areas shall comply with the standards
set forth within Article 72-5.
H.
Additional standards for the Lafayette Boulevard Corridor Subdistrict.
Development on parcels within the Lafayette Boulevard Corridor Sub-district
shall comply with the following:
(1)
Subdistrict components. The Lafayette Boulevard Corridor Subdistrict
is comprised of several component areas (each with specialized standards)
identified in the Lafayette Boulevard Corridor Overlay Design Guidelines
document on file in the office of the Planning Department.
(2)
Design standards. All development subject to these standards
shall comply with the provisions in the Lafayette Boulevard Corridor
Overlay Design Guidelines document.
(3)
Building bulk and massing.
(a)
The maximum footprint of buildings in the downtown
district portion of the Lafayette Boulevard Corridor Subdistrict shall
not exceed 15,000 square feet, though exceptions can be made pursuant
to the criteria stated in the design guidelines.
(b)
The maximum footprint of buildings in the Gateway
District shall not exceed 40,000 square feet.
(4)
Yard requirements. The setbacks contained within the section
of the Lafayette Boulevard Corridor Overlay District Design Guidelines
shall replace the minimum front setbacks set forth in the underlying
zoning district.
(5)
Design and location of parking lots.
(a)
Parking areas shall be located to the rear or sides
of buildings.
(b)
Only within the Gateway of the Lafayette Boulevard
Corridor Overlay District may off-street parking be placed in front
of the building, when a streetscape buffer is present.
(c)
In all other aspects, vehicular use areas shall
comply with the standards set forth in Article 72-5.
Where permitted land, buildings, and structures used for commercial
uses are allowed within a residential zoning district, they shall
comply with the following design standards in addition to the other
relevant standards in this chapter. The areas where these commercial
uses are permitted, is shown on the official Zoning Map as "Neighborhood
Commercial Overlay District." In the event these standards conflict
with other standards in this chapter, these standards shall control.
A.
Location. Commercial buildings shall be limited to lots on corners
or on lots fronting arterial streets.
B.
Building placement. Principal buildings shall be oriented towards
the street from which they derive their street address.
C.
Building setback.
(1)
Building setbacks shall be consistent with other buildings on
the block face and across the street to maintain a consistent wall
plane or edge of building facades along public frontages.
(2)
In no instance shall a new building's front setback vary
by more than 10% from the front setback of adjacent buildings.
D.
Building height. Buildings on lots adjacent to single-family
detached dwellings shall maintain the same height as the dwelling,
or be stepped-back from the lot line such that the lowest portion
of the building is the portion closest to the single-family detached
dwelling.
E.
Roofs.
(1)
New commercial buildings shall use residential roof types to
maintain compatibility with surrounding residential uses.
(2)
Consistency in roof forms with adjacent buildings shall be addressed
by using varying heights and proportions.
(3)
A flat roof shall only be permitted for new buildings located
between two existing buildings with flat roofs.
F.
Off-street parking.
(1)
All off-street parking shall be provided to the side or the
rear of the building(s). The Development Administrator may approve
parking between a building and the street it faces when there are
unique site specific circumstances not created by the property owner
or as a result of the building design, such as when the building contains
two or more usable floors above grade.
(2)
A single-loaded parking bay shall be permitted between a building
and the street it faces when the building contains two or more usable
floors above grade.
(3)
When required, off-street parking shall be established in one
or more of the following locations (listed in priority order):
G.
Service and loading areas.
(1)
Separate service-related activities associated with commercial
uses shall be located behind or to the sides of buildings away from
adjacent residential uses, screened with walls and/or landscaping,
and provided with access that is integrated with parking areas and
the on-site vehicular circulation network.
(2)
Outdoor storage, trash collection, and loading areas shall not
be visible from public or private rights-of-way.
H.
Drive-throughs. Notwithstanding the provisions of Article 72-8,
§ 72-83, or Article 72-4 §§ 72-41 and 72-42,
drive-throughs are prohibited, both as principal and accessory uses.
