A.
The RL Low Density Residential District is created in recognition
that many residential neighborhoods in the City of Colonial Heights
are comprised primarily of single-family dwellings. RL Districts have
access to public water and sewer services and are the location of
many well-established neighborhoods in the City. It is anticipated
and desired that residential development will occur on any remaining
lands within this district. Limited uses other than single-family
residential are permitted. Development standards such as lot sizes
and frontage requirements are set in the RL District. Average densities
of approximately 3.5 dwelling units per acre are envisioned for new
residential development and an average density of approximately five
dwelling units per acre is envisioned for existing lots of record
in the RL District.
A.
The following uses are permitted by right or by special exception permit in the RL Low Density Residential District, subject to all other applicable requirements contained in this ordinance. An (S) indicates a special exception permit is required. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article IV, Use and Design Standards.
(1)
Agricultural use types:
|
Stable, private (S)*
|
(2)
Residential use types:
|
Accessory apartments*
|
|
Family day care home*
|
|
Group home
|
|
Home occupation*
|
|
Manufactured home, emergency*
|
|
Single-family dwelling, attached (S)*
|
|
Single-family dwelling, detached*
|
|
Temporary family health care structures*
|
(3)
Civic use types:
|
Community recreation*
|
|
Cultural service
|
|
Educational facilities, college/university (S)*
|
|
Educational facilities, primary/secondary (S)*
|
|
Public parks and recreational areas
|
|
Religious assembly*
|
|
Safety service*
|
|
Utility service, major (S)*
|
|
Utility service, minor
|
(4)
Office use types:
|
(None)
|
(5)
Commercial use types:
|
Short-term rentals, hosted and non-hosted*
[Added 12-12-2023 by Ord. No. 23-21] |
(6)
Industrial use types:
|
(None)
|
(7)
Miscellaneous use types:
|
Amateur radio tower*
|
The following are general development standards for the RL Low Density Residential District. For additional, modified or more stringent standards see Article IV, Use and Design Standards.
A.
Minimum lot requirements:
|
Area: 7,500 square feet
|
|
Frontage: 75 feet
|
|
Depth: 100 feet
|
B.
Minimum setback requirements:
(1)
Principal structure:
|
Front yard: 25 feet, except that for lots of record recorded
prior to 12-17-1968 the minimum front yard setback shall be the average
of all front yard setbacks of homes on the block, but no less than
15 feet nor greater than 25 feet
|
|
Side yard: 7.5 feet except that for lots of record recorded
prior to 12-17-1968 the minimum side yard setback shall be 10% of
the lot width or five feet, whichever is greater
|
|
Side yard, corner lot: 15 feet
|
|
Rear yard: 25 feet
|
(2)
Accessory structures:
|
Front yard: behind front building line of principal structure
|
|
Side yard: 5 feet
|
|
Rear yard: 5 feet
|
D.
Maximum lot coverage:
[Amended 8-9-2011 by Ord. No. 11-16]
A.
The RM Medium Density Residential District is created to provide
a residential living area that is comprised of and allows a mixture
of low to medium density housing types on relatively small lots. RM
Districts have access to public water and sewer services and are the
location of many older, established neighborhoods within the City.
Development standards such as lot sizes and frontage requirements
are reduced in the RM District to recognize existing development patterns
and promote a more compact development pattern. Average densities
of approximately five to eight dwelling units per acre are envisioned
for new residential development in the RM District.
A.
The following uses are permitted by right or by special exception permit in the RM Medium Density Residential District, subject to all other applicable requirements contained in this ordinance. An (S) indicates a special exception permit is required. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article IV, Use and Design Standards.
(1)
Agricultural use types:
|
(None)
|
(2)
Residential use types:
|
Accessory apartment*
|
|
Duplex*
|
|
Family day care home*
|
|
Group home
|
|
Home occupation*
|
|
Manufactured home, emergency*
|
|
Single-family dwelling, attached*
|
|
Single-family dwelling, detached
|
|
Townhouse*
|
(3)
Civic use types:
|
Assisted care residence (S)
|
|
Community recreation*
|
|
Cultural service
|
|
Educational facilities, college/university (S)*
|
|
Educational facilities, primary/secondary (S)*
|
|
Public parks and recreational areas*
|
|
Safety service*
|
|
Religious assembly*
|
|
Utility service, major (S)*
|
|
Utility service, minor
|
(4)
Office use types:
|
(None)
|
(5)
Commercial use types:
|
Bed-and-breakfast (S)*
|
(6)
Industrial use types:
|
(None)
|
(7)
Miscellaneous use types:
|
Amateur radio tower*
|
The following are general development standards for the RM Medium Density Residential District. For additional, modified or more stringent standards see Article IV, Use and Design Standards.
A.
Minimum lot requirements:
|
Area: 7,500 square feet
|
|
Frontage: 75 feet
|
|
Depth: 100 feet
|
B.
Minimum setback requirements:
(1)
Principal structure:
|
Front yard: 25 feet, except that for lots of record recorded
prior to 12-17-1968 the minimum front yard setback shall be the average
of all front yard setbacks of homes on the block, but no less than
15 feet nor greater than 25 feet
|
|
Side yard: 7.5 feet, except that for lots of record recorded
prior to 12-17-1968 the minimum side yard setback shall be 10% of
the lot width or 5 feet, whichever is greater.
|
|
Side yard, corner lot: 15 feet
|
|
Rear yard: 25 feet
|
(2)
Accessory structures:
[Amended 8-14-2012 by Ord. No. 12-14]
|
Front yard: behind front building line of principal structure
|
|
Side yard: 5 feet
|
|
Side yard, corner lot: 15 feet
|
|
Rear yard: 5 feet
|
D.
Maximum lot coverage:
[Amended 8-9-2011 by Ord. No. 11-16]
A.
The RH High Density Residential District has been created in recognition
that some areas within the City of Colonial Heights are suitable for
higher density residential uses. Multi-family dwellings and townhouses,
also served by public water and sewer, are allowable land uses in
this district, as well as single-family homes and duplexes. These
housing types provide diversity in the style, size, value, and affordability
of housing options in the City. Development standards in the RH District
such as density, lot sizes and frontage requirements reflect and recognize
that higher density housing, properly designed and located, can play
an important role in meeting the City's future housing needs. This
district aims to provide a suitable environment for those living in
higher density residential housing, such as multi-family or townhouses.
Average densities up to 12 dwelling units per acre are envisioned
for new residential development in the RH District.
A.
The following uses are permitted by right or by special exception permit in the RH High Density Residential District, subject to all other applicable requirements contained in this ordinance. An (S) indicates a special exception permit is required. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article IV, Use and Design Standards.
(1)
Agricultural use types:
|
(None)
|
(2)
Residential use types:
|
Accessory apartment*
|
|
Duplex*
|
|
Family day care home*
|
|
Group home
|
|
Home occupation*
|
|
Manufactured home, emergency*
|
|
Multi-family dwelling*
|
|
Single-family dwelling, attached*
|
|
Single-family dwelling, detached
|
|
Townhouse*
|
(3)
Civic use types:
|
Assisted care residence
|
|
Cemetery (S)*
|
|
Club (S)*
|
|
Community recreation*
|
|
Crisis center (S)
|
|
Cultural service
|
|
Educational facilities, college/university (S)*
|
|
Educational facilities, primary/secondary*
|
|
Governmental service (S)
|
|
Guidance service (S)
|
|
Halfway house (S)
|
|
Life care facility (S)
|
|
Nursing home (S)
|
|
Public parks and recreational areas*
|
|
Religious assembly*
|
|
Safety service*
|
|
Utility service, major (S)*
|
|
Utility service, minor
|
(4)
Office use types:
|
(None)
|
(5)
Commercial use types:
|
Bed and breakfast*
|
|
Day care center (S)*
|
|
Golf course (S)
|
(6)
Industrial use types:
|
Recycling center (S)*
|
(7)
Miscellaneous use types:
|
Amateur radio tower*
|
The following are general development standards for the RH High Density Residential District. For additional, modified or more stringent standards see Article IV, Use and Design Standards.
A.
The purpose of the RO Residential Office District is to serve as
a transition district between more intensive commercial uses and residential
neighborhoods and to provide for the adapted reuse of residential
structures for low intensity office uses. Most commercial use types
are not permitted in this transitional district due to their potential
impact on residential uses. Allowed use types in this district will
primarily be transitional uses with office use types serving the needs
for smaller office space in the local geographic area. RO Districts
are most appropriately found along or near a residential collector
street or minor arterial roadway. The total district size shall typically
be no more than several acres. In order to enhance the general character
of the district, its function of neighborhood service, and its overall
compatibility with residential surroundings, building heights, the
size of certain uses and characteristics are all limited.
A.
The following uses are permitted by right or by special exception permit in the RO Residential Office District, subject to all other applicable requirements contained in this chapter. An (S) indicates a special exception permit is required. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article IV, Use and Design Standards.
(1)
Agricultural use types:
|
(None)
|
(2)
Residential use types:
|
Accessory apartment*
|
|
Duplex*
|
|
Family day care home*
|
|
Group home
|
|
Home occupation*
|
|
Single-family dwellings, attached*
|
|
Single-family dwellings, detached
|
(3)
Civic use types:
|
Governmental service
|
|
Guidance service
|
|
Park and ride facility*
|
|
Post office
|
|
Religious assembly*
|
|
Safety service*
|
|
Utility service, major (S)*
|
|
Utility service, minor
|
(4)
Office use types:
|
Financial institution
|
|
General office
|
|
Laboratory
|
|
Medical office
|
(5)
Commercial use types:
|
Day care center*
|
|
Studio, fine arts
|
(6)
Industrial use types:
|
(None)
|
(7)
Miscellaneous use types:
|
Amateur radio tower*
|
The following are general development standards for the RO Residential Office District. For additional, modified or more stringent standards see Article IV, Use and Design Standards.
A.
The purpose of the BB Boulevard Business District is to provide for
the development of attractive and efficient local business uses including
those retail uses which serve the community needs. This district allows
for retail and service uses that are intended to be compatible with
general office uses and adjoining residential uses. The BB District
is most appropriately found along or near The Boulevard, US Route.
1. Site development standards are intended to ensure compatibility
with adjacent land uses, particularly when adjacent to residential
areas in the City.
A.
The following uses are permitted by right or by special exception permit in the BB Boulevard Business District, subject to all other applicable requirements contained in this chapter. An (S) indicates a special exception permit is required. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article IV, Use and Design Standards.
(1)
Agricultural use types:
|
(None)
|
(2)
Residential use types:
|
Duplex*
|
|
Home occupation*
|
|
Multi-family dwelling (S)*
|
|
Single-family dwellings, attached (S)*
|
|
Single-family dwellings, detached
|
(3)
Civic use types:
|
Assisted care residence
|
|
Club*
|
|
Crisis center
|
|
Cultural service
|
|
Educational facilities, college/university (S)*
|
|
Governmental service
|
|
Guidance service
|
|
Halfway house (S)
|
|
Life care facility
|
|
Nursing home
|
|
Park and ride facility*
|
|
Post office
|
|
Public assembly (S)
|
|
Public parks and recreational areas*
|
|
Religious assembly*
|
|
Safety service*
|
|
Utility service, major (S)*
|
|
Utility service, minor
|
(4)
Office use types:
|
Financial institution
|
|
General office
|
|
Laboratory
|
|
Medical office
|
|
Substance abuse clinic (S)
|
(5)
Commercial use types:
[Amended 8-14-2012 by Ord. No. 12-14; 12-13-2016 by Ord. No. 16-24; 1-8-2019 by Ord. No. 18-26]
|
Agricultural service
|
|
Antique shop
|
|
Automobile dealership, new*
|
|
Automobile dealership, used*
|
|
Automobile parts/supply, retail
|
|
Automobile rental/leasing
|
|
Automobile repair service, major*
|
|
Automobile repair service, minor*
|
|
Bed and breakfast*
|
|
Business support service
|
|
Business/trade schools
|
|
Car wash*
|
|
Commercial indoor sports and recreation
|
|
Communications service
|
|
Construction sales and service*
|
|
Consumer repair service
|
|
Convenience store
|
|
Day care center*
|
|
Equipment sales and rental*
|
|
Extended stay lodging
|
|
Flea market (S)
|
|
Funeral service
|
|
Garden center*
|
|
Gasoline station
|
|
Hotel/motel/motor lodge
|
|
Itinerant merchant*
|
|
Laundry
|
|
Mobile food unit*
|
|
Personal improvement service
|
|
Personal services*
|
|
Private farmers' market*
|
|
Recreational vehicle sales and service*
|
|
Restaurant, family
|
|
Restaurant, fast food or drive-in
|
|
Restaurant, general
|
|
Retail sales
|
|
Studio, fine arts
|
|
Veterinary hospital/clinic*
|
(6)
Industrial use types:
|
(None)
|
(7)
Miscellaneous uses:
|
Amateur radio tower*
|
|
Parking facility, surface/structure (S)*
|
|
Tower (S)*
|
The following are general development standards for the BB Boulevard Business District. For additional, modified or more stringent standards see Article IV, Use and Design Standards.
A.
The purpose of the GB General Business District is to provide locations
for a variety of commercial, retail, and service related activities
within the City of Colonial Heights that serve community-wide and
regional commercial needs. The General Business District is located
and is most appropriately found in the areas in and around Southpark
Mall. Site development regulations are designed to promote commercial
development and to ensure compatibility with adjoining land uses.
A.
The following uses are permitted by right or by special exception permit in the GB General Business District, subject to all other applicable requirements contained in this chapter. An (S) indicates a special exception permit is required. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article IV, Use and Design Standards.
(1)
Agricultural use types:
|
(None)
|
(2)
Residential use types:
|
Home occupation*
|
|
Multi-family dwelling (S)*
|
(3)
Civic use types:
|
Assisted care residence
|
|
Club*
|
|
Correction facility (S)
|
|
Crisis center
|
|
Cultural services
|
|
Educational facilities, college/university (S)*
|
|
Educational facilities, primary/secondary*
|
|
Governmental service
|
|
Guidance service
|
|
Halfway house (S)
|
|
Life care facility
|
|
Nursing home
|
|
Park and ride facility*
|
|
Post office
|
|
Public assembly
|
|
Public maintenance and service facility (S)
|
|
Public parks and recreational areas*
|
|
Religious assembly*
|
|
Safety service*
|
|
Utility service, major (S)*
|
|
Utility service, minor
|
(4)
Office use types:
|
Financial institution
|
|
General office
|
|
Laboratory
|
|
Medical office
|
|
Substance abuse clinic (S)
|
(5)
Commercial use types:
[Amended 8-14-2012 by Ord. No. 12-14; 12-13-2016 by Ord. No. 16-24; 1-8-2019 by Ord. No. 18-26]
|
Adult use (S)*
|
|
Agricultural service
|
|
Antique shop
|
|
Assembly hall
|
|
Automobile dealership, new*
|
|
Automobile dealership, used*
|
|
Automobile parts/supply, retail
|
|
Automobile rental/leasing
|
|
Automobile repair service, major*
|
|
Automobile repair service, minor
|
|
Business support service
|
|
Business/trade schools
|
|
Car wash*
|
|
Commercial indoor amusement
|
|
Commercial indoor entertainment
|
|
Commercial indoor sports and recreation
|
|
Commercial outdoor entertainment
|
|
Commercial outdoor sports and recreation
|
|
Communications service
|
|
Construction sales and service*
|
|
Consumer repair service
|
|
Convenience store
|
|
Dance hall (S)
|
|
Day care center*
|
|
Equipment sales and rental*
|
|
Extended stay lodging
|
|
Flea market (S)
|
|
Funeral service
|
|
Garden center*
|
|
Gasoline station
|
|
Golf course
|
|
Hospital
|
|
Hotel/motel/motor lodge
|
|
Kennel, commercial (S)*
|
|
Itinerant merchant*
|
|
Laundry
|
|
Manufactured home sales (S)*
|
|
Mini-warehouse (S)*
|
|
Mobile food unit*
|
|
Modular home sales
|
|
Pawn shop
|
|
Personal improvement service
|
|
Personal services*
|
|
Private farmer's market*
|
|
Recreational vehicle sales and service
|
|
Restaurant, family
|
|
Restaurant, fast food or drive-in
|
|
Restaurant, general
|
|
Retail sales
|
|
Studio, fine arts
|
|
Studio, tattoo (S)*
|
|
Travel center
|
|
Veterinary hospital/clinic
|
(6)
Industrial use types:
|
Construction yard (S)*
|
|
Custom manufacturing*
|
|
Recycling center*
|
|
Transportation terminal (S)
|
|
Truck terminal (S)
|
(7)
Miscellaneous uses:
|
Amateur radio tower*
|
|
Parking facility, surface/structure (S)*
|
|
Tower (S)*
|
The following are general development standards for the GB General Business District. For additional, modified or more stringent standards see Article IV, Use and Design Standards.
A.
The purpose of the IN Industrial District is to provide areas within
the City which are suitable for non-intensive industrial activities.
These areas are primarily designated based on the suitability of the
land in terms of slope and freedom from flooding, as well as the availability
of adequate sewer and water capacity, access to arterial road network,
and proximity to rail facilities or the interstate highway system.
Since land with suitable characteristics for industrial development
is limited in the City, a high degree of protection is promoted where
industrial development is located adjacent to existing or future commercial,
office, or residential areas. Also, this district will allow for more
intensive industrial uses only with certain conditions and development
standards that will ensure that the industrial uses do not adversely
affect adjoining uses.
A.
The following uses are permitted by right or by special exception permit in the IN Industrial District, subject to all other applicable requirements contained in this chapter. An (S) indicates a special exception permit is required. An asterisk (*) indicates that the use is subject to additional, modified or more stringent standards as listed in Article IV, Use and Design Standards.
(1)
Agricultural use types:
|
(None)
|
(2)
Residential use types:
|
(None)
|
(3)
Civic use types:
[Amended 7-11-2017 by Ord. No. 17-8]
|
Correction facility (S)
|
|
Cultural service
|
|
Governmental service
|
|
Post office
|
|
Public maintenance and service facility
|
|
Safety service*
|
|
Utility service, major (S)*
|
|
Utility service, minor
|
(4)
Office use types:
|
Financial institution
|
|
General office
|
|
Laboratory
|
|
Medical office
|
(5)
Commercial use types:
|
Business support services
|
|
Business trade school
|
|
Construction sales and service*
|
|
Day care center (S)*
|
|
Equipment sales and rental
|
|
Mini-warehouse*
|
(6)
Industrial use types:
|
Construction yard (S)*
|
|
Custom manufacturing*
|
|
Industry, light
|
|
Industry, medium (S)
|
|
Industry, heavy (S)
|
|
Landfill, construction debris (S)
|
|
Landfill, rubble (S)
|
|
Landfill, sanitary (S)
|
|
Recycling center*
|
|
Transportation terminal
|
|
Truck terminal
|
|
Warehousing and distribution
|
(7)
Miscellaneous use types:
|
Parking, surface/structure (S)*
|
|
Tower (S)*
|
The following are general development standards for the IN Industrial District. For additional, modified or more stringent standards see Article IV, Use and Design Standards.
A.
The purpose and intent of this section is to encourage quality, compatible, developments in the six distinct sub-areas of the Boulevard Design Overlay District as identified in §§ 286-314.10.02 through 286-314.10.12 below.
A.
The Boulevard Design Overlay District shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the Boulevard Design Overlay District shall also lie in one or more of the other zoning districts provided for by this chapter. Unless otherwise stated in the Boulevard Design Overlay District, the review and approval procedures provided for in § 286-506, Site plan review shall be followed in reviewing and approving development, redevelopment and uses governed by this chapter.
A.
The Boulevard Design Overlay District shall apply to all lands identified
as the Boulevard Design Overlay District and as shown on the City's
Zoning Map.
A.
All proposed structures, buildings or improvements shall be compatible
with existing well designed structures within the overlay district
and shall comply with the standards and goals of this district.
B.
Freestanding buildings shall use the same or architecturally harmonious
materials, colors, texture and treatment for all exterior walls and,
in the case of partially freestanding buildings, the same or architecturally
harmonious materials, colors, texture and treatment for all exterior
walls shall be used on all portions of all exterior walls exposed
to public view.
C.
The design, material, texture, color, lighting, landscaping, dimension,
line, mass or roofline and height of any structure, building or improvement
shall not be designed to serve primarily as an advertisement or commercial
display, exhibit exterior characteristics likely to deteriorate rapidly
or be of a temporary or short-term architectural or aesthetic acceptability.
D.
Architectural details of interest may be highlighted by the blending
of contrasting colors. Simple harmonious color schemes shall be used
and neutral and earth-tone colors are recommended.
E.
Bright, intense primary colors including fluorescent, neon and day-glow
are not permitted, except when used as accent.
F.
If masonry or brick is painted, it shall be painted the natural color
of the original material or with colors in common with the main building.
A.
The Boulevard Design Overlay District is divided into six sub-areas
as described below. Development guidelines and standards are presented
for each sub-area. These standards shall be in addition to the general
development standards found elsewhere in this chapter. If a conflict
exists between a sub-area standard and a general ordinance standard,
the more stringent standard shall apply.
A.
The purpose of the Chesterfield Approach Sub-Area Overlay District
is to encourage quality suburban-scale commercial development that
provides an effective transition between Chesterfield County to the
north and the more densely developed Colonial Heights commercial center
to the south. Additionally, high-quality architectural features combined
with streetscape improvements provide a transition to the Colonial
Heights Boulevard.
B.
Boundaries for the Chesterfield Approach Sub-Area Overlay District
are as shown on the map and labeled "Chesterfield Approach."
C.
No building shall exceed 30 feet in height or be greater than
2 1/2 stories in height in this sub-area.
D.
All new buildings and building additions shall be compatible
with the existing traditional vernacular architectural style in the
sub-area. Design features shall include, but not be limited to, dormers,
articulated roofs, chimneys, cornices, brick corbelling and fretwork,
and articulation of doors and windows. Compatibility shall be achieved
through the use of red brick on all visible walls. Use of other materials
on rear facing walls shall be permissible provided the walls are not
visible from any right-of-way or adjacent business. No visible flat
or shed roofs shall be permitted.
E.
Only earth-tone colors shall be used on the exterior of buildings
as the principal building color. Earth-tone colors include: browns,
greens, dirt-colored reds, or shades of those earth-tone colors or
other similar colors approved by the Administrator. Primary colors,
intense colors, neons, day-glow or fluorescent colors are not approved.
F.
Parking areas for new businesses shall be located on the sides
and rear of the buildings. If site constraints limit parking availability
on the sides and rear, parking shall be dispersed to allow as much
open yard in the front setback as possible.
G.
All new development, redevelopment, or additions requiring a
site plan shall be required to construct a five-foot-wide VDOT standard
sidewalk within the Boulevard right-of-way.
H.
New development, redevelopment, or additions requiring a site
plan shall be required to provide streetlights within the Boulevard
right-of-way. Streetlights shall be evenly spaced, with staggered
spacing from the opposite side of the street where applicable. Features
such as lighting distance, light source and type shall be consistent
with the existing streetscape lights as approved by the Colonial Heights
Public Works Department.
I.
All new development, redevelopment, or additions requiring a
site plan shall be required to provide street trees on the subject
property. On properties without overhead power lines in the tree planting
area, Red Sunset Maples or October Glory Maples are to be planted
one every 30 feet on center. Where overhead power lines are located
in the area for planting, Hedge Maples are to be planted one every
15 feet on center. Trees are to be a minimum size of two-and-one-half-inch
caliper DBH at planting and must be healthy nursery stock.
J.
Access to the Boulevard shall be limited. Wherever possible,
ingress and egress from sites shall occur at streets other than the
Boulevard. Also, wherever possible ingress and egress shall be consolidated.
A.
The purpose of the Commercial Center Sub-Area Overlay District
is to encourage high-quality community-scale commercial development
consistent with the appearance of the Colonial Heights Boulevard.
This can be accomplished through the use of unifying elements and
the avoidance of visual clutter.
B.
Boundaries for the Commercial Center Sub-Area Overlay are as
shown on the map and labeled "Commercial Center."
C.
Architectural treatment of buildings shall be compatible with
adjacent buildings or those on the same block. At locations where
existing buildings are not as high quality as the proposed structure,
the Administrator shall approve a new architectural treatment or theme.
D.
Primary colors, intense colors, neons, day-glow or fluorescent
colors are not approved as exterior building colors except when used
as limited accents.
E.
Each proposed development in this sub-area shall have a signage
plan that addresses architectural compatibility with the main buildings,
location in relation to landscaping, and sight distance for the Boulevard
and driveways. No sign shall exceed eight feet in height and the overall
area of the sign face shall not be any greater than 36 square feet.
F.
All new development, redevelopment, or additions requiring a
site plan shall be required to construct new five-foot-wide VDOT standard
sidewalks within the Boulevard right-of-way.
G.
New development, redevelopment, or additions requiring a site
plan shall be required to provide streetlights within the Boulevard
right-of-way. Streetlights shall be evenly spaced, with staggered
spacing from the opposite side of the street where applicable. Features
such as lighting distance, light source and type shall be consistent
with the existing streetscape lights as approved by the Colonial Heights
Public Works Department.
H.
Parking areas for new businesses shall be located on the sides
and rear of the buildings. If site constraints limit parking availability
on the sides and rear, parking shall be dispersed to allow as much
open yard in the front setback as possible.
I.
Access to the Boulevard shall be limited. Wherever possible,
ingress and egress from sites shall occur at streets other than the
Boulevard. Also, wherever possible ingress and egress shall be consolidated.
J.
All new development, redevelopment, or additions requiring a
site plan shall be required to provide street trees on the subject
property. On properties without overhead power lines in the tree planting
area, Mountain Ash or Hardy Locust are to be planted one every 45
feet on center. Where overhead power lines are located in the area
for planting, Crepe Myrtles (Catawba, Tonto, Dynamite or Acoma) or
Yoshino Cherry trees are to be planted one every 15 feet on center.
Mountain Ash or Hardy Locust trees are to be a minimum size of two-and-one-half-inch
caliper DBH at planting and must be healthy nursery stock. Crepe Myrtles
(Catawba, Tonto, Dynamite or Acoma) and Yoshino Cherry trees must
be a minimum of seven feet high at planting and must be healthy nursery
stock.
A.
The purpose of The Valley Sub-Area Overlay District is to address
site constraints, pedestrian and vehicle circulation, and preserve
and enhance the green belt along Old Town Creek and the Boulevard.
B.
Boundaries for The Valley Sub-Area Overlay District are as shown
on the map and labeled "The Valley."
C.
Architectural treatment of buildings shall be compatible with
adjacent buildings or those on the same block. At locations where
existing buildings are not as high quality as the proposed structure,
the Administrator shall approve a new architectural treatment or theme.
D.
Primary colors, intense colors, neons, day-glow or fluorescent
colors are not approved as exterior building colors except when used
as limited accents.
E.
No portion of a building visible from any adjacent property
or any public right-of-way shall be constructed of unadorned cinderblock,
corrugated and/or sheet metal or other semi-permanent materials.
F.
Parking areas for new businesses shall be located on the sides
and rear of the buildings. If site constraints limit parking availability
on the sides and rear, parking shall be dispersed to allow as much
open yard in the front setback as possible.
G.
Access to the Boulevard shall be limited. Wherever possible,
ingress and egress from sites shall occur at streets other than the
Boulevard. Also, wherever possible ingress and egress shall be consolidated.
H.
All new development, redevelopment and additions to this area
shall maintain or accentuate existing natural topography along the
Boulevard and stream valley wherever possible.
I.
All new development, redevelopment, and additions to this area
shall retain existing trees greater than six-inch caliper within all
setbacks, with the exception of necessary removal for the accommodation
of vehicular access or utilities that run generally perpendicular
through the setback.
J.
All new development, redevelopment, or additions requiring a
site plan shall be required to construct new five-foot-wide VDOT standard
sidewalks within the Boulevard right-of-way.
K.
New development, redevelopment, or additions requiring a site
plan shall be required to provide streetlights within the Boulevard
right-of-way. Streetlights shall be evenly spaced, with staggered
spacing from the opposite side of the street where applicable. Features
such as lighting distance, light source and type shall be consistent
with the existing streetscape lights as approved by the Colonial Heights
Public Works Department.
L.
All new development, redevelopment, or additions requiring a
site plan shall be required to provide street trees on the subject
property. Native evergreen species shall be used, and shall be of
a species and size that will reach a minimum height of 18 feet in
20 years. One tree shall be planted for every 20 linear feet of road
frontage, Planting required in this section shall be in an irregular
line and randomly spaced. Suggested species include Live Oak and Southern
Magnolia. In areas under power lines, smaller native species may be
used, such as Washington Hawthorne or Red Buds.
A.
The purpose of the Main Street Sub-Area Overlay is to improve
quality and compatibility incrementally and to avoid visual clutter
and add unifying elements to the area that will create compatibility
with the rest of the Boulevard.
B.
Boundaries for the Main Street Sub-Area Overlay are as shown
on the map and labeled "Main Street."
C.
No building shall exceed 30 feet in height or be greater than
2 1/2 stories in height.
D.
Architectural treatment of buildings shall be compatible with
the majority of buildings or those on the same block. At locations
where existing buildings are not as high quality as the proposed structure,
the Administrator shall approve a new architectural treatment or theme.
No portion of a building visible from any adjacent property or any
public right-of-way shall be constructed of unadorned cinder block
or corrugated and/or sheet metal or any other semi-permanent material.
E.
There shall be no visible flat or shed roofs permitted, unless
a flat roof issued in conjunction with a period-style commercial structure
with a brick false-front finish.
F.
Primary colors, intense colors, neons, day-glow or fluorescent
colors are not approved as exterior building colors except when used
as limited accents.
G.
Each development shall have a signage plan that addresses architectural
compatibility with the main buildings, location in relation to landscaping,
and sight distance for the Boulevard and driveways. No sign shall
exceed eight feet in height. The size of the sign face shall not be
any greater than 36 square feet.
H.
All new development, redevelopment, or additions requiring a
site plan shall be required to construct new five-foot-wide VDOT standard
sidewalks within the Boulevard right-of-way.
I.
New development, redevelopment, or additions requiring a site
plan shall be required to provide streetlights within the Boulevard
right-of-way. Streetlights shall be evenly spaced, with staggered
spacing from the opposite side of the street where applicable. Features
such as lighting distance, light source and type shall be consistent
with the existing streetscape lights as approved by the Colonial Heights
Public Works Department.
J.
Parking areas for new businesses shall be located on the sides
and rear of the buildings. If site constraints limit parking availability
on the sides and rear, parking shall be dispersed to allow as much
open yard in the front setback as possible.
K.
Access to the Boulevard shall be limited. Wherever possible,
ingress and egress from sites shall occur at streets other than the
Boulevard. Also, wherever possible ingress and egress shall be consolidated.
L.
All new development, redevelopment, or additions requiring a
site plan shall be required to provide street trees on the subject
property. On properties without overhead power lines in the tree planting
area, alternating Red Sunset Maples or October Glory Maples and Zelkovas
are to be planted one every 25 feet on center. At street intersections,
the nearest tree will be a Live Oak, with a thirty-foot separation
from the next tree. Where overhead power lines are located in the
area for planting, one-inch healthy, nursery stock Zelkovas shall
be used. All other trees are to be a minimum size of two-and-one-half-inch
caliper DBH at planting and must be healthy nursery stock.
A.
Purpose. The purpose of the Government Center Area is to create
a downtown district along the Boulevard that fills the need for a
City center with civic spaces, superior pedestrian access, more dense
development, and support services for government.
B.
Boundaries for the Government Center Sub-Area Overlay are as
shown on the map and labeled "Government Center."
C.
No building shall exceed 60 feet in height or be greater than
five stories in height.
D.
No building facade (whether front, side, or rear) shall consist
of architectural materials that differ in composition, appearance,
or detail from any other facade of the same building. This is not
to preclude the use of varying materials on different facades, but
to preclude the use of inferior materials on sides facing adjoining
properties or that may impact pedestrian activity or future use of
adjacent properties. No portion of a building shall be constructed
of unadorned cinder block, corrugated or sheet metal, or other semi-permanent
materials.
E.
Only neutral and/or earth-tone colors shall be used on the exterior
of buildings as the principal building color. Neutral colors include:
white, beige, cream, gray, tan, brown or other similar colors approved
by the Administrator. Earth-tone colors include: browns, greens or
dirt-colored reds or shades of those earth-tone colors or other similar
colors approved by the Administrator.
F.
Primary colors, intense colors, neons, day-glow or fluorescent
colors are not approved as exterior building colors except when used
as limited accents.
G.
Parking areas for new businesses shall be located on the sides
and rear of the buildings. If site constraints limit parking availability
on the sides and rear, parking shall be dispersed to allow as much
open yard in the front setback as possible.
H.
Access to the Boulevard shall be limited. Wherever possible,
ingress and egress from sites shall occur at streets other than the
Boulevard. Also, wherever possible ingress and egress shall be consolidated.
I.
Buildings shall be designed to accommodate and encourage pedestrian
activity. This can be accomplished by placing pedestrian entrances
toward the street, providing attractive facade treatments and textures
such as variation in building heights, materials, and the use of cornices,
articulated windows, columns, awnings, and other street level improvements.
Roofs and walls shall be articulated to create visual interest to
pedestrian traffic and building massing shall be at a pedestrian scale.
Additional elements to provide safety for pedestrian activity include
use of brick or cast-iron bollards with chains for separation and
delineation of pedestrian spaces.
J.
Setbacks shall be reduced for all properties, regardless of
underlying zoning category, to the equivalent of the Boulevard Business
Zoning District.
K.
All utility lines such as electric, telephone, or other 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
with appropriate landscaping.
L.
Each development shall have a signage plan that addresses architectural
compatibility with the main buildings, location in relation to landscaping,
and sight distance for the Boulevard and driveways. No sign shall
exceed eight feet in height. The overall area of the sign face shall
not be any greater than 36 square feet.
M.
All new development, redevelopment, or additions requiring a
site plan shall be required to construct new five-foot-wide VDOT standard
sidewalks within the Boulevard right-of-way.
N.
New development, redevelopment, or additions requiring a site
plan shall be required to provide streetlights within the Boulevard
right-of-way. Streetlights shall be evenly spaced, with staggered
spacing from the opposite side of the street where applicable. Features
such as lighting distance, light source and type shall be consistent
with the existing streetscape lights as approved by the Colonial Heights
Public Works Department.
O.
All new development, redevelopment, or additions requiring a
site plan shall be required to provide street trees on the subject
property. Little Leaf Lindens are to be planted one every 30 feet
on center. At street intersections, there will be a series of three
Washington Hawthornes, with twelve-foot separations on center, before
the first Linden. Trees are to be a minimum size of two-and-one-half-inch
caliper DBH at planting and must be healthy nursery stock.
A.
The purpose of the Petersburg Approach Sub-Area Overlay District
is to encourage residential-scale buildings compatible with the existing
residential and small-scale commercial structures.
B.
Boundaries for the Petersburg Approach Sub-Area Overlay are
as shown on the map and labeled "Petersburg Approach."
C.
Architectural treatment of buildings shall be compatible with
adjacent buildings or those on the same block. At locations where
existing buildings are not as high quality as the proposed structure,
the Administrator shall approve a new architectural treatment or theme.
All new buildings and building additions shall be compatible with
residential architecture or with the existing period commercial false-front
buildings. Commercial development in this area shall choose either
style of development. Residential design features shall include articulation
of doors and windows, clapboard or brick exteriors, A-frame rooflines,
and chimneys. Commercial-style development shall consist of brick
or painted block buildings with flat roofs, and a brick, articulated
block, or stone false-front style compatible with period-style commercial
structures in the area.
D.
Primary colors, intense colors, neons, day-glow or fluorescent
colors are not approved as exterior building colors except when used
as limited accents.
E.
Each development shall have a signage plan that addresses architectural
compatibility with the main buildings, location in relation to landscaping,
and sight distance for the Boulevard and driveways. No sign shall
exceed eight feet in height. The overall area of the sign face shall
not be any greater than 36 square feet.
F.
Parking areas for new businesses shall be located on the sides
and rear of the buildings. If site constraints limit parking availability
on the sides and rear, parking shall be dispersed to allow as much
open yard in the front setback as possible.
G.
Access to the Boulevard shall be limited. Wherever possible,
ingress and egress from sites shall occur at streets other than the
Boulevard. Also, wherever possible ingress and egress shall be consolidated.
H.
All new development, redevelopment, or additions requiring a
site plan shall be required to provide street trees on the subject
property. On properties without overhead power lines in the tree planting
area, Red Sunset Maples or October Glory Maples are to be planted
one every 30 feet on center. Where overhead power lines are located
in the area for planting, Hedge Maples are to be planted one every
15 feet on center. Trees are to be a minimum size of two-and-one-half-inch
caliper DBH at planting and must be healthy nursery stock.
A.
The purpose of planned unit development districts is to promote the
efficient use of land to allow for flexible application of development
controls, promote a broad spectrum of land uses in more intensive
developments, and protect the natural features and beauty of the land.
Planned unit developments (PUDs) are intended to provide variety,
flexibility, and convenience for residents. PUDs should be in accordance
with the approved Comprehensive Plan and should be developed to allow
for appropriate integration with existing land uses.
A.
The location of planned unit developments shall be in accordance
with the approved Comprehensive Plan and an approved master plan of
the PUD.
(1)
The minimum PUD size shall be no less than 10 acres of contiguous
land.
(2)
The proposed PUD shall be designed in a manner to promote the
fulfillment of the purposes in the Comprehensive Plan that is consistent
with the plan, as well as other City plans and/or policies.
(3)
The PUD shall provide for the appropriate use and management
of available land and will preserve and protect, to the greatest possible
extent, the natural features of the land such as topographic features,
trees and streams.
(4)
PUDs shall only be developed in areas where adequate transportation
facilities, fire protection, schools, public water and sewer and other
public and community facilities exist or will be available for the
uses and densities proposed.
A.
A pre-application conference with the applicant and Administrator
or his designee shall be held prior to any filing for a rezoning.
The Administrator, prior to filing, may require a preliminary plan
review from the applicant.
B.
The applicant shall be required to send notification, schedule and
conduct a meeting with residents that live within the vicinity of
the proposed development. This public meeting shall be conducted prior
to filing an application with the Planning Department.
C.
The applicant shall submit any information required by the Administrator
necessary to evaluate a rezoning application or site plan, not limited
to, but to include the following:
D.
A certified planner, licensed surveyor, architect, landscape architect
and/or engineer shall prepare the master plan. It shall include:
(1)
A vicinity map showing the property with surrounding roads and
adjacent properties at a scale of not less than one inch to one mile.
(2)
A north arrow.
(3)
The approximate boundaries of each section, land use and proposed
density, location of proposed streets and rights-of-way, and location
of proposed common open space and recreation areas.
(4)
It shall contain a table showing, for each section or different
uses, the use, approximate development phasing, density and maximum
number of dwelling units for residential areas, maximum area of square
feet for commercial or office areas and maximum acreage of each.
(5)
Indicate master water, sewer and drainage plans.
(6)
A design manual for the PUD, to include descriptions and depictions
for the following:
(a)
An overall PUD description establishing the community characteristics,
design themes and elements to be incorporated into the PUD, to include
concepts relative to bulk, material composition and physical relationships.
(b)
Proposed typical elevations for all structures, which shall
include the following details:
[1]
Facade materials, to include color(s) to be used.
[2]
Building height, depth and length. Building height shall be pursuant to the applicable requirements of the development standards for PUDs, contained in § 286-316.12.
[3]
Rooflines and roof material(s) to be used.
[4]
Screening for the air conditioning, heating and electrical systems used for commercial or mixed-use buildings. Screening shall be established pursuant to the minimum requirements of the development standards for PUDs contained in § 286-316.12.
(c)
Community design characteristics to include the following details:
[1]
Functional classifications for internal roads.
[2]
Streetscape design within the PUD. Streetscape
design shall be established pursuant to the requirements of the development
standards for PUDs.
[3]
Proposed setback lines for each road type classified
(if applicable).
[4]
Pedestrian system, including type(s) of impervious
surface and/or paving to be used.
(d)
Landscape details including plantings and larger specimen tree
types and locations, street furniture, site lighting and recreational
improvements and or the following areas:
(e)
An open space plan, to include areas proposed for passive and
active recreational uses, natural and undisturbed areas, and proposed
buffer areas around the perimeter of the PUD. The plan shall address
how the features described in the submission materials shall be preserved
and/or enhanced. Information on the specific design, location and
timing of these areas and their ownership and maintenance should be
included.
E.
The community impact statement shall be prepared and address:
(1)
Assessment of impact on schools.
(2)
A public utilities and services plan providing requirements
for and provision of all utilities, sewer, public services and public
facilities to serve the PUD. This plan shall address:
(3)
A traffic impact study pursuant to the Code of Virginia, § 15.2-2222.1.
(4)
Economic impact of the proposed project.
(5)
Employment opportunities to be created by the development.
(6)
Environmental impact analysis, to include:
(a)
Wetlands determination pursuant to the Army Corps of Engineers
Manual.
(b)
Topography shown at five-foot contour intervals. Pre-development
and post-development stormwater runoff amounts shall be provided.
(c)
Groundwater to be impacted including ponds, lakes, streams,
rivers and Chesapeake Bay Act associated water bodies.
(d)
Floodplains.
(e)
Tree lines to be impacted. The limits of clearing and where
buffers will be installed.
(f)
Endangered native plant and animal life pursuant to the Virginia
Department of Conservation and Recreation's 2003 Natural Heritage
Plan.
(g)
Historic resources to be impacted including, but not limited
to, historic places designated by the National Register of Historic
Places.
A.
The proposed master plan shall be reviewed by all appropriate agencies
to ensure that existing or planned public infrastructure can accommodate
rezoning for the PUD.
B.
The Planning Commission shall review the proposed master plan for
a recommendation to the City Council after the public hearing has
been advertised pursuant to Code of Virginia, § 15.2-2204.
The Planning Commission shall report its recommendation to the City
Council after the public hearing. The Planning Commission shall recommend
approval, approval with appropriate modifications, or deny the master
plan.
C.
The City Council shall review the proposed master plan, and act to
approve, approve with modifications or deny the proposed master plan
after receiving a recommendation from the Planning Commission and
after a public hearing has been advertised pursuant to Code of Virginia,
§ 15.2-2204. Approval of the proposed master plan shall
constitute acceptance of the plan's concepts and provisions pursuant
to permitted uses in PUD developments, maximum PUD densities, and
development standards for PUDs. The plan approved by the City Council
shall constitute the final plan for the PUD.
D.
Major revisions to the approved master plan shall be reviewed at
a public hearing before the Planning Commission and City Council following
the procedures and requirements of this section. Major revisions include,
but are not limited to, changes such as:
(1)
Density increases in the PUD.
(2)
Changes that intensify permitted uses in the PUD by 20% or more.
(3)
Substantial changes in access or circulation.
(4)
Substantial changes in the mixture of dwelling unit's types
within the PUD.
(5)
Substantial changes in the mixture of land use types.
(6)
Substantial changes in the amount of acreage devoted to nonresidential
uses.
(7)
Reduction of acreage approved for open space, buffering or landscaping.
(8)
Substantial changes in site design or architectural features.
(9)
Any other change that the Administrator deems a major change
to the approved master plan.
E.
All other changes of the approved master plan shall be considered
as minor revisions. The Administrator, upon receipt of a written request
of the owner or authorized agent, may approve such minor revisions
after consultation and agreement with any other impacted City or state
agency.
F.
A request which is not approved by the Administrator shall be considered
as a major revision and shall be subject to the approval process outlined
in this section.
G.
Following the approval of the final master plan, the owner or the
authorized agent shall be required to submit preliminary and final
site plans.
I.
Preliminary and final site plans submitted for review shall conform
to the final master plan approved by the City Council.
J.
If a preliminary site plan for the PUD or any phase of the PUD is
not submitted for approval within five years of the approval of the
final master plan, City Council shall notify the owner by certified
mail of City Council's intent to initiate a rezoning action to revert
acreage in the PUD to its former zoning classification. The City Council
may act to approve the zoning reversion after review by the Planning
Commission, and a public hearing has been advertised pursuant to Code
of Virginia, § 15.2-2204. The applicant and owner shall
bear all costs associated with the rezoning application and advertising.
K.
The Administrator, upon receipt of a written request of the owner
or authorized agent, may grant a time extension beyond five years
to submit a preliminary site plan provided; however, such extension
shall not exceed one year.
A.
Any residential, civic, office or commercial use type may be permitted
within PUD developments, provided the use is specifically shown on
the approved master plan approved by the City Council.
B.
Accessory structures and uses that are typically subordinate and
incidental to the principal use shall be permitted on any parcel within
the PUD.
A.
Maximum densities allowable in the PUD shall be established through
a recommendation of the Planning Commission and approval by the City
Council. The density within the PUD shall not exceed that which can
be served by adequate public infrastructure either existing or planned
at the time of rezoning.
C.
Single-family detached dwellings shall not exceed 35 feet in height.
Other residential structures shall be erected to a height not to exceed
four stories. Mixed-use buildings that include residences shall not
be less than two stories in height. The first floor of a mixed-use
building shall be used for commercial and/or office uses, not residential
uses. Nonresidential structures shall be erected to a height not to
exceed 65 feet. Nonresidential structures over four stories shall
not be located at the boundaries of land zoned for lower maximum height
restrictions.
D.
All landscaping shall be established pursuant to an approved master
plan. Plantings should be of low height with preference given to native
and drought-resistant species. Landscaping is also encouraged throughout
parking areas of multi-family, office and business development. Larger
specimen trees shall be used between parking areas and public rights-of-way.
Within large parking areas, planting shall be designed to break up
large parking areas into smaller parking areas.
E.
Site lighting shall be provided to allow for safe and efficient pedestrian
and vehicular movement. Site lighting shall be designed to minimize
the trespass of light onto adjacent buildings and glare. The light
fixtures shall serve as way finders and enhance the character of the
PUD during the nighttime. Light fixture locations are subject to site
plan review pursuant to an approved master plan. Lighting on parcels
shall be consistent with the Colonial Heights Public Works Department
lighting policy. Site plans for any business or office use that operates
during any hour of darkness shall include a lighting plan for the
entire site to be developed which shall include a photometric plan,
light fixture specifications, and fixture mounting detail. Light sources
from business or office sites shall be directed away from adjoining
residential parcels.
F.
Signs shall comply with the requirements set forth in § 286-524 of this chapter. In addition, signage shall be compatible with the architecture of the building.
G.
Usable open space shall be provided within the PUD. No less than
15% of the gross acreage of the PUD shall be usable open space. Undevelopable
acreage shall not be applied to meet the usable open space requirement.
Recreation improvements in usable open spaces may be used as a credit
towards the gross acreage requirement. These improvements shall be
reviewed by the Planning Commission and the City Council.
H.
Sidewalks shall be installed along all roads and streets in residential,
office and commercial areas according to City standards.
I.
Natural features such as wildlife habitats, historic sites, and irreplaceable
assets shall be preserved to the maximum extent possible.
J.
Screening is required for service, loading and trash areas, as well
as, mechanical equipment. Screening shall be constructed in a manner
that minimizes views into the areas from adjacent rights-of-way and
buildings. Mechanical equipment shall be screened by walls, fences
or plantings that are a minimum of five feet in height.
K.
Vehicular access to the internal streets within the PUD shall be
established through a boulevard style collector road. Parking areas
shall be accessed from internal streets. Access points along internal
streets shall align with streets and parking area access that intersect
at a common point, where possible, in order to limit conflict points
and promote the continuation of those streets. Shared common access
points into parking lots shall be established to limit conflict points
from internal streets. Cross-access easements between adjacent parking
lots shall be established whenever possible to limit conflict points
along internal streets. All streets shall meet the standards of and
be maintained by the City.
L.
Business and office uses shall be compatible with residential uses
when integrated with such uses. Any traffic, noise, and light generated
by business or office uses shall be mitigated by design when integrated
with residential uses. Outside storage shall not be permitted. There
shall not be any emissions that may have a detrimental effect in the
community.
M.
A homeowners' association shall be created during the subdivision
process when any of the following conditions are proposed:
A.
The Planning Commission may recommend, and the City Council may grant,
modifications to development standards established in this section.
Modifications may be granted with or without conditions. The owner
or authorized agent shall submit an application to the Planning Department
to request modifications to development standards at the time of submittal
of the original PUD application.
B.
No development standard modification shall be authorized by the Planning
Commission unless substantial compliance has been determined for the
following factors, as applicable:
(1)
By reason of the exceptional size and/or shape of the parcel
or parcels or by reason of exceptional topographic conditions when
strict application of the terms of this chapter would prevent or reasonably
restrict the use of the parcel or parcels.
(2)
The granting of the modification will provide relief from a
clearly demonstrated hardship. This hardship shall be distinguishable
from a special privilege or convenience.
(3)
The modification will not endanger the public safety, health
or general welfare of adjacent parcel owners; and will not change
the character of the PUD.
(4)
The modification will comply with the Comprehensive Plan.
A.
These provision are intended to promote the general welfare of the
City of Colonial Heights by providing for the preservation, protection
and maintenance of certain historic areas, landmarks, buildings and
structures within the City which have historical, architectural or
cultural interest and importance by designation on the National Register
of Historic Places, the Virginia Landmarks Register or by the City
Council as having national, state or local historical, architectural
or cultural significance.
B.
Regulations within historic districts are intended to protect against
destruction of or encroachment upon such areas, structures and premises;
to encourage conservation, improvement and preservation of the cultural,
social, economic, political, architectural, historical or archaeological
heritage and resources of the City; to stabilize property values in
the districts designated; and to encourage new building and development
that will be harmonious with existing significant features, assuring
that new structures within each such district will be in keeping with
the existing character of the districts to be so preserved and enhanced,
even though not necessarily of the same architectural style.
C.
It is the intent of these provisions to preserve historic districts,
not in a vacuum, but as vital areas which each succeeding generation
may use with the quality and sensitivity of past generations.
A.
There are hereby established or designated several areas to be known
as "historic districts" and within such districts certain landmarks,
buildings, structures and historic areas. The historic districts,
landmarks, buildings, structures and areas are delineated or located
respectively as shown on the City's Zoning Map The requirements placed
on property located within historic districts by this section shall
be in addition to the requirements set out elsewhere in this chapter.
A.
The district boundaries shall in general be drawn so as to include
all lands closely related to and bearing upon the character of a landmark,
building, structure or area, thus providing a landscape unit and affording
buffer areas needed to control potentially adverse environmental influences.
Such district boundaries shall, wherever reasonably feasible, be designated
in accordance with the following priorities:
A.
The Planning Commission or any interested citizen may propose to
the City Council, or the City Council on its own initiative may propose,
amendments to these provisions including the establishment of additional
districts. Upon receipt of the proposal, the City Council shall refer
it to the Planning Commission. The Planning Commission shall prepare
and submit to the City Council a recommendation in the form of a written
report on the proposed amendment.
B.
If such amendment shall involve the extension or establishment of
a district, such report shall establish and define the district boundaries
as well as the historic, architectural, cultural or other significance
of the landmarks, buildings, structures or areas to be protected and
shall describe present trends, conditions and desirable public objectives
for preservation.
A.
The Board of Architectural Review (the "Review Board") shall consist
of seven members appointed by City Council. Of the Review Board's
initial members, three shall be appointed for four-year terms; two
shall be appointed for three-year terms; and two shall be appointed
for two-year terms. Thereafter all appointments shall be for four
years. The City Council may reappoint members to subsequent terms.
B.
The membership shall consist of the following: one member shall be
a licensed architect or architectural historian that resides or owns
a business in the City; one member shall be an engineer that resides
or owns a business in the City; one member shall be a representative
from the Planning Commission; one member shall be a resident or business
owner in a historic resource district; and three members shall be
residents or owners of a business in the City.
A.
The Review Board shall vote and announce its decision on any matter
properly before it not later than 60 days after the conclusion of
the hearing on the matter, unless the time is extended with the written
consent of the applicant. The Review Board shall not reconsider any
decision made by it, except in cases where an applicant appears within
90 days of the decision with his application amended as hereinafter
provided. The Review Board shall not otherwise rehear or reconsider
for a period of one year the subject matter of any application which
has been denied.
B.
In case of disapproval of the erection, reconstruction, alteration,
restoration or moving of a landmark, building or structure, the Review
Board shall state its reasons in writing; and it may, and at the request
of the applicant shall, make recommendations as to changes and alterations,
if any, sufficient to bring the proposed building, structure or alteration
into compatibility with the landmarks, buildings or structures located
in the surrounding area. In case of disapproval accompanied by recommendations,
the applicant may again be heard before the Review Board, if, within
90 days, he comes before the Review Board with his application so
amended that it will comply with all the recommendations of the Review
Board.
C.
In case of disapproval for the razing or demolition of a building
in a historic district, the Review Board shall state its reasons in
writing, stating the reason or reasons such denial relates to the
objectives of this section.
D.
In case of any disapproval, the Review Board shall transmit a record
of the reasons to the applicant and the Administrator.
E.
In matters governing procedure not covered by this section, the Review
Board may establish its own rules, provided that they are not contrary
to law or the spirit of this section.
A.
The Administrator shall enforce the provisions of this section.
A.
No permit required under the provisions of this chapter, Chapter 109, Building Construction, or other provisions in the Code of the City of Colonial Heights shall hereafter be issued for the erection, reconstruction, alteration, restoration, moving, razing or demolition of the exterior of any landmark, building or structure, or part thereof, within a historic district, unless and until the applicant shall have secured a certificate of appropriateness from the Review Board.
B.
No work within a historic district not requiring a permit but involving
the razing, demolition or moving, in whole or in part, of any landmark,
building or structure designated as of historic, architectural or
cultural interest, excluding ordinary maintenance or repair, shall
be commenced unless and until a certificate of appropriateness shall
have been secured from the Review Board.
C.
Application for a certificate of appropriateness required by this
section shall be made in writing to the Administrator, who shall notify
the Review Board of such application within 10 days of filing of a
completed application and all required submissions.
D.
The Administrator may, and at the direction of the Review Board shall,
require submission of any or all of the following: site plan, architectural
plans, landscaping plans, plans for proposed signs with appropriate
detail as to location, size, number and character, proposed exterior
lighting arrangements, elevations of all portions of structures with
significant relation to public view, indications as to materials,
design of doors and windows, ornamentation and permanent colors (excluding
paint), photographs or perspective drawings indicating visual relationship
to adjoining structures and spaces and such other exhibits and reports
as are reasonably relevant to the Review Board's determination as
to appropriateness.
E.
A written statement documenting the significance of the site or structure,
beginning with the first significant event, if any, or date of construction,
shall be supplied by the applicant.
A.
Before a certificate of appropriateness is issued for the erection,
reconstruction, alteration or restoration of a landmark, building
or structure in the historic district, the Review Board shall consider,
among other factors:
(1)
Any historical, architectural or cultural value and significance
of the landmark, building or structure and its relationship to or
congruity with the historic value of the land, place and area in the
district upon which it is proposed to be erected, reconstructed, altered
or restored.
(2)
The appropriateness of the exterior architectural features of
such landmark, building or structure to and compatibility with the
exterior architectural features of landmarks, buildings, or structures
in the district, taking into consideration the following:
(a)
General design.
(b)
Character and appropriateness of design.
(c)
Form.
(d)
Proportion and scale.
(e)
Mass.
(f)
Configuration.
(g)
Arrangement.
(h)
Texture.
(i)
Material.
(j)
Permanent color of exterior materials (excluding paint).
(k)
The relationship of such elements to similar features of structures
in the immediate surroundings.
(l)
Congruity with the character of the historic district.
B.
Before a certificate of appropriateness is issued for the demolition or razing of a landmark, building or structure in a historic district, the Review Board shall consider, in addition to the guidelines provided in Subsection A above and among other factors:
(1)
Whether the landmark, building or structure is of such architectural,
historic or cultural significance that its removal or disturbance
would be to the detriment the public interest.
(2)
Whether the landmark, building or structure is of such significance
that it could be made into a national, state or local historic shrine.
(3)
Whether the landmark, building or structure is of such old or
unusual design, texture or material that it could not be reproduced
or could be reproduced only with extraordinary difficulty or expense.
(4)
Whether retention of the landmark, building or structure would
help preserve the historic character of the district.
(5)
Whether retention of the landmark, building or structure would
help preserve and protect a historic interest in a place or an area
of the City.
(6)
Whether retention of the landmark, building or structure would
promote the general welfare by maintaining and increasing real estate
values; generating business; creating new positions; attracting tourists,
students, writers, historians, artists and artisans; attracting new
residents; encouraging study and interest in American or local history;
stimulating interest and study in architecture and design; educating
citizens in American or local culture and heritage; or making the
City a more attractive and desirable place in which to live.
(7)
Whether restoration of the landmark, building or structure is
reasonably possible considering its physical condition.
C.
Before a certificate of appropriateness is issued for moving a landmark, building or structure, the Review Board shall consider, in addition to the guidelines provided in Subsection B above and among other factors:
(1)
Whether the proposed relocation would have a detrimental effect
on the structural soundness of the landmark, building or structure.
(2)
Whether the proposed relocation would have a detrimental effect
on the significant aspects of landmarks, or other buildings or structures
designated as significant, in the historic district.
(3)
Whether the relocation would provide new surroundings that would
be incongruous with historical, architectural or cultural aspects
of the landmark, building or structure.
(4)
Whether relocation of the building would help preserve and protect
a significant place or area of interest in the City.
(5)
Whether relocation of the building would promote the general
welfare by maintaining real estate values; generating business; creating
new positions; attracting tourists, students, writers, historians,
artists and artisans; attracting new residents; encouraging study
and interest in American or local history; stimulating interest and
study in architecture and design; educating citizens in American or
local culture and heritage; or making the City a more attractive and
desirable place in which to live.
A.
No application for a certificate of appropriateness to demolish,
raze or move a landmark, building or structure in a historic district
shall be considered by the Review Board until a public hearing has
been held thereon, with notice as required by § 15.2-2204
of the Code of Virginia.
A.
Upon approval by the Review Board of any erection, reconstruction,
alteration, restoration, moving or demolition, the Review Board shall
record its reasons in its minutes, and a certificate of appropriateness
shall be issued no later than 15 days from the date of the decision,
attached to the application and forwarded to the applicant.
B.
Any issued certificate of appropriateness shall expire 12 months
from the date of issuance if the work authorized by the certificate
has not commenced or if any such work is suspended or abandoned for
a period of 12 months after being commenced.
C.
In the case of demolition, if preservation is found by the Review
Board to be physically or economically unfeasible, the Review Board
shall issue the certificate forthwith. If preservation is found to
be physically and economically feasible, the Review Board shall take
or promote the taking of whatever public or private action seems likely
to lead to such preservation, either on the site on which the structure
is located or on another site to which it might appropriately be moved.
D.
If no decision has been made by the Review Board within 180 days
after the Administrator has received the completed application and
required submissions and no mutual agreement between the applicant
and the Review Board has been made for the extension of this time
period, the Administrator shall submit the application to the Clerk
of City Council, and City Council shall review the application in
the same manner as if a decision of the Review Board has been appealed.
A.
Whenever the Review Board shall, in a final decision, deny an applicant
a certificate of appropriateness, the applicant shall have the right
to appeal to and be heard before City Council, provided that he files
with the Clerk of City Council, on or before 14 days after the decision
of the Review Board, a notice in writing of his intention to appeal.
Upon receipt of such notice, the Clerk of Council shall forthwith
notify the City Manager, who shall schedule a public hearing before
City Council at a time not to exceed 30 days after receipt by the
Clerk of such notice.
B.
Any resident of the City of Colonial Heights who appears before the
Review Board in opposition to the granting of a certificate of appropriateness
shall have the right to appeal to and be heard before the City Council,
provided that there is filed with the Clerk of City Council, on or
before 14 days after a decision of the Board to grant the certificate,
a written petition indicating the intention to appeal. The same provisions
for setting a hearing date as aforesaid shall apply.
C.
On any such appeal, the final decision of the Review Board shall
be stayed, pending the outcome of the appeal before City Council,
except that the filing of the appeal shall not stay the decision of
the Review Board if such decision denies the right to raze or demolish
any historic landmark, building or structure. The City Council shall
conduct a full and impartial public hearing on the matter before rendering
a decision.
D.
The same standards and considerations established for the Review Board shall be applied to the City Council. By majority of those members present and voting, the City Council may affirm, reverse or modify the decision of the Board, in whole or in part. The decision, subject to Subsection B of this section, shall be final. If approved, a certificate of appropriateness shall be signed and issued, 31 days after the decision of City Council, by the Clerk of Council and the City Manager and processed in the same manner as if it had been approved by the Review Board.
E.
Any applicant or applicants jointly or severally aggrieved by any
decision of City Council made pursuant to this section, or any City
resident with standing to appeal a decision of the Review Board to
City Council, or any officer, department, board or bureau of the City
charged directly or indirectly with any responsibility under this
section, may present to the Circuit Court a petition specifying the
grounds on which aggrieved, within 30 days after the decision is rendered
by City Council.
F.
Upon the presentation of such petition, the Court shall allow a writ
of certiorari to review the decision of the City Council and shall
prescribe therein the time within which a return thereto must be made.
G.
The filing of the petition shall stay the decision of the City Council
pending the outcome of the appeal to the Court, except that if such
decision denies the right to raze or demolish a historic landmark,
building or structure, the filing of such petition shall not stay
the decision of City Council. The Court may reverse or modify the
decision of the City Council, in whole or in part, if it finds, upon
review, that the decision of the City Council is contrary to law or
that its decision is arbitrary and constitutes an abuse of discretion,
or it may affirm the decision of City Council.
A.
In addition to the right of appeal, the owner of a landmark, building
or structure, the demolition of which is subject to the provisions
of this section, shall, as a matter of right, be entitled to demolish
such landmark, building or structure, provided that:
(1)
He has applied to the City Council for such right;
(2)
The owner has, for the period of time set forth in the time
schedule hereinafter contained and at a price reasonably related to
its fair market value, made a bona fide offer to sell such landmark,
building or structure and the land pertaining thereto to any person,
government or agency thereof or political subdivision or agency thereof
which gives reasonable assurance that it will preserve and restore
the building or structure and the land pertaining thereto; and
(3)
No bona fide contract, binding upon all parties thereto, shall
have been executed for the sale of any such landmark, building or
structure and the land pertaining thereto prior to the expiration
of the applicable time period set forth in the time schedule hereinafter
contained. Any appeal which may be taken to the Court from a decision
of City Council, whether instituted by the owner or by any other proper
party, notwithstanding the provisions heretofore stated related to
a stay of the decision appealed from, shall not affect the right of
the owner to make the bona fide offer to sell referred to in this
subsection. No offer to sell shall begin more than one year after
the final decision by the City Council. The time schedule for offers
to sell shall be as follows:
|
Property Valued At Minimum Offer to Sell
|
Period
(months)
| |
|---|---|---|
|
Less than $25,000
|
3
| |
|
$25,000 to $39,999,99
|
4
| |
|
$40,000 to $54,999.99
|
5
| |
|
$55,000 to $74,999.99
|
6
| |
|
$75,000 to $89,999.99
|
7
| |
|
$90,000 or more
|
12
|
B.
Before making a bona fide offer to sell, as provided for in Subsection A, an owner shall first file a statement with the Administrator. The statement shall identify the property and state the offering price, the date the offer of sale is to begin and the name of the real estate agent, if any. No time period set forth in the schedule contained in Subsection A shall begin to run until the statement has been filed. Within five days of receipt of a statement, copies of the statement shall be forwarded to the members of the City Council, members of the Review Board and the City Manager.
A.
Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any landmark, building or structure described in this section, nor shall anything in this section be construed to prevent the construction, reconstruction, alteration, restoration or demolition of any such elements which authorized municipal officers shall certify as required by Chapter 109, Building Construction, or other provisions of the Colonial Heights City Code.
A.
In addition, to the other penalties provided for in this chapter,
any violation of this section may be enjoined by any court having
jurisdiction, and, as a part of such equitable relief, any person
found to be in violation of this section may be required, at his own
expense, to remove all nonconforming work and material from the landmark,
building or structure and to restore the landmark, building or structure
to its appearance immediately prior to the time that such unauthorized
work began.
[Amended 8-14-2012 by Ord. No. 12-16]
A.
This floodplain ordinance is adopted pursuant to the authority granted
to localities by § 15.2-2280 of the Code of Virginia.
B.
The purpose of these provisions is to prevent the loss of life and
property, 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
do occur in flood-prone districts to be protected and/or flood-proofed
against flooding and flood damage; and
(4)
Protecting individuals from buying land and structures which
are unsuited for intended purposes because of flood hazards.
A.
These provisions shall apply to all privately and publicly owned
lands within the jurisdiction of the City of Colonial Heights (the
"City") and identified as areas of special flood hazard according
to the flood insurance rate map ("FIRM") that is provided to the City
by the Federal Emergency Management Agency ("FEMA").
B.
Compliance and liability.
(1)
No land shall hereafter be developed and no structure shall
be located, relocated, constructed, reconstructed, enlarged, or structurally
altered except in full compliance with the terms and provisions of
this ordinance and any other applicable ordinances and regulations
which apply to uses within the City.
(2)
This ordinance shall not create liability on the part of any
City officer or employee for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully made thereunder.
C.
Records of actions associated with administering this ordinance shall
be kept on file and maintained by the Floodplain Administrator.
D.
If the provisions of this ordinance conflict with those in any other
ordinance, the more restrictive provisions shall be applicable.
E.
If any section, subsection, paragraph, sentence, clause, or phrase
of this ordinance shall be declared invalid for any reason whatever,
such decision shall not affect the remaining portions of this ordinance.
The remaining portions shall remain in full force and effect; and
for this purpose, the provisions of this ordinance are hereby declared
to be severable.
F.
Any person who fails to comply with any of the requirements or provisions specified herein or directions of the Zoning Administrator or his designee, shall be guilty of the appropriate violation and subject to the penalties specified in § 286-616 of this Code.
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In addition to such penalties, all other actions are hereby
preserved, including an action in equity for the proper enforcement
of these provisions. The imposition of a fine or penalty for any violation
of, or noncompliance with, the provisions herein shall not excuse
the violation or noncompliance or permit it to continue; and all 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 article may be declared to
be a public nuisance and abatable as such. Flood insurance may be
withheld from structures constructed in violation of these provisions.
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A.
The Zoning Administrator shall serve as the Floodplain Administrator.
The Floodplain Administrator is hereby designated to administer and
implement these regulations.
(1)
The duties and responsibilities of the Floodplain Administrator
shall include but are not limited to:
(a)
Review applications for permits to determine whether proposed
activities will be located in the Special Flood Hazard Area (SFHA).
(b)
Interpret floodplain boundaries and provide available base flood
elevation and flood hazard information.
(c)
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.
(d)
Review applications to determine whether all necessary permits
have been obtained from the Federal, State or local agencies from
which prior or concurrent approval is required.
(e)
Verify that applicants proposing an alteration of a watercourse
have notified adjacent communities, the Department of Conservation
and Recreation (Division of Dam Safety and Floodplain Management),
and other appropriate agencies (VADEQ, USACE) and have submitted copies
of such notifications to FEMA.
(f)
Approve applications and issue permits to develop in flood hazard
areas if the provisions of these regulations have been met, or disapprove
applications if the provisions of these regulations have not been
met.
(g)
Inspect or cause to be inspected, buildings, structures, and
other development for which permits have been issued to determine
compliance with these regulations or to determine if non-compliance
has occurred or violations have been committed.
(h)
Review Elevation Certificates and require incomplete or deficient
certificates to be corrected.
(i)
Submit to FEMA, or require applicants to submit to FEMA, data
and information necessary to maintain FIRMs, including hydrologic
and hydraulic engineering analyses, within six months after such data
and information becomes available if the analyses indicate changes
in base flood elevations.
(j)
Maintain and permanently keep records that are necessary for
the administration of these regulations, including:
[1]
Flood Insurance Studies, Flood Insurance Rate Maps
(including historic studies and maps and current effective studies
and maps) and Letters of Map Change; and
[2]
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,
other required design certifications, variances, and records of enforcement
actions taken to correct violations of these regulations.
(k)
Enforce the provisions of these regulations, investigate violations,
issue notices of violations or stop work orders, and require permit
holders to take corrective action.
(l)
Advise the Board of Zoning Appeals regarding the intent of these
regulations, and for each application for a variance, prepare a staff
report and recommendation.
(m)
Administer the requirements related to proposed work on existing
buildings:
[1]
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.
[2]
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 non-compliant 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.
(n)
Undertake, as determined appropriate by the Floodplain Administrator
due to the circumstances, 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 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.
(o)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the City have been modified and:
[1]
Provide a map that clearly delineates the new corporate
boundaries or the new area for which the authority to regulate pursuant
to these regulations has either been assumed or relinquished through
annexation; and
[2]
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 these regulations, prepare amendments to
these regulations to adopt the FIRM and appropriate requirements,
and submit the amendments to the governing body for adoption. Such
adoption 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 the State Department of Conservation and Recreation (Division of
Dam Safety and Floodplain Management) and FEMA.
(p)
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.
(q)
It is the duty of the Floodplain Administrator to take into
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 jurisdictional area, whether
or not those hazards have been specifically delineated geographically
(e.g. via mapping or surveying).
B.
The Floodplain Administrator shall make interpretations, where needed,
as to the exact location of special flood hazard areas, floodplain
boundaries, and floodway boundaries. The following 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
a special flood hazard area and subject to the requirements of these
regulations;
(b)
Are above the base flood elevation, the area shall be regulated
as a 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 or lower base flood elevations.
(4)
Other sources of data shall be reasonably used if such sources
show increased base flood elevations or larger floodway areas than
are shown on FIRMs and in FISs.
(5)
If a Preliminary Flood Insurance Rate Map or a Preliminary Flood
Insurance Study has been 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 from FEMA for the purposes
of administering these regulations.
(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 and used where no base flood elevations or floodway
areas are provided on the effective 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
or designated floodway widths in existing flood hazard data provided
by FEMA. Such preliminary data may be subject to change or appeal
to FEMA.
C.
The delineation of any of the Floodplain Districts may be revised,
where natural or man-made changes have occurred or where more detailed
studies have been conducted or undertaken by the U.S. Army Corps of
Engineers or other qualified agency, or an individual documents the
need for such change. However, prior to any such change, approval
must be obtained from FEMA.
D.
Initial interpretations of the boundaries of the Floodplain Districts
shall be made by the Zoning Administrator. Should a dispute arise
concerning the boundaries of any of the Districts, the Board of Zoning
Appeals shall make the necessary determination. The person questioning
or contesting the location of the District boundary shall be given
a reasonable opportunity to present his case to the Board and to submit
his own technical evidence if he so desires.
E.
Base flood elevations may increase or decrease resulting from physical
changes affecting flooding conditions. As soon as practicable, but
not later than six months after the date such information becomes
available, the Floodplain Administrator shall notify FEMA of the changes
by submitting technical or scientific data. Such a submission is necessary
so that upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
F.
When development in the floodplain causes a change in the base flood
elevation, the applicant, including state agencies, shall notify FEMA
by applying for a Conditional Letter of Map Revision or a Letter of
Map Revision. Such revisions shall include, but not be limited to,
the following:
(1)
Any development that causes a rise in the base flood elevations
within the floodway;
(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; and
(3)
Alteration or relocation of a stream, including but not limited
to installing culverts and bridges.
A.
Basis of district.
(1)
The various special flood hazard districts shall include the
SFHAs. The basis for the delineation of these districts shall be the
FIS and the FIRM prepared by the FEMA, Federal Insurance Administration,
dated January 11, 2024, and any subsequent revisions or amendments
thereto.
[Amended 11-14-2023 by Ord. No. 23-20]
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The City may identify and regulate 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.
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The boundaries of the SFHA Districts are established as defined
in Table 23 of the above referenced FIS and as shown on the FIRM,
which is declared to be a part of this ordinance, and which shall
be kept on file in the office of the Floodplain Administrator.
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(2)
The Floodway District is in an AE Zone and is delineated, for
purposes of this ordinance, using the criterion that certain areas
within the floodplain must be capable of carrying the waters of the
one-percent annual chance flood without increasing the water surface
elevation of that flood more than one foot at any point.
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The following provisions shall apply within the Floodway District
of an AE zone:
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(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 community 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, computations,
etc., shall be submitted in sufficient detail to allow a thorough
review by the Floodplain Administrator.
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Development activities which increase the water surface elevation
of the base flood may be allowed, provided that the applicant first
applies for a Conditional Letter of Map Revision (CLOMR), and receives
the approval of the Federal Emergency Management Agency.
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All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of § 286-320.10.
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(b)
The placement of manufactured or mobile homes is prohibited,
except in an existing manufactured or mobile home park or subdivision.
A replacement manufactured home may be placed on a lot in such existing
park or subdivision, provided the anchoring, elevation, and encroachment
standards are met.
(3)
The AE or AH Zones on the FIRM accompanying the FIS shall be
those areas for which one-percent annual chance flood elevations have
been provided and the floodway has not been delineated. The following
provisions shall apply within an AE on AH zone:
(a)
Until a regulatory floodway is designated, no new construction,
substantial improvements, or other development, shall be permitted
within the areas of special flood hazard, designated as Zones A1-30
and AE or AH 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 foot at any point.
(b)
Development activities in Zones A1-30 and AE or AH, on the City
FIRM which increase the water surface elevation of the base flood
by more than one foot may be allowed, provided that the applicant
first applies for a Conditional Letter of Map Revision, and receives
the approval of the Federal Emergency Management Agency.
(4)
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:
(a)
The Approximated Floodplain District shall be that floodplain
area for which no detailed flood profiles or elevations are provided,
but where a one-percent annual chance flood 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 and U.S.
Geological Survey Flood-Prone Quadrangles, then the applicant for
the proposed use, development 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 hydrologic and hydraulic analyses. Studies,
analyses, computations, etc., shall be submitted in sufficient detail
to allow a thorough review by the Floodplain Administrator.
[Amended 11-14-2023 by Ord. No. 23-20]
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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
at least one foot above the base flood elevation.
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During the permitting process, the Floodplain Administrator
shall obtain:
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(5)
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:
(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 feet above
the highest adjacent grade.
(b)
All new construction and substantial improvements of non-residential
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 feet above the
highest adjacent grade; or
[2]
Together with attendant utility and sanitary facilities
be completely flood-proofed 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.
[3]
Adequate drainage paths around structures on slopes
shall be provided to guide floodwaters around and away from proposed
structures.
B.
Overlay concept.
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The Floodplain Districts described above shall be overlays to
the existing underlying districts as shown on the Official Zoning
Ordinance Map; and as such, the provisions for the floodplain districts
shall serve as a supplement to the underlying district provisions.
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If there is any conflict between the provisions or requirements
of the Floodplain Districts and those of any underlying district,
the more restrictive provisions shall apply.
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A.
Permit requirement. All uses, activities, and development occurring
within any floodplain district, including placement of manufactured
homes, shall be undertaken only upon the issuance of a determination
of zoning compliance. Such development shall be undertaken only in
strict compliance with the provisions of this Ordinance and with all
other applicable codes and ordinances. Prior to any such determination,
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. Under
no circumstances shall any use, activity, or development adversely
affect the capacity of the channels or floodways of any watercourse,
drainage ditch, or any other drainage facility or system.
B.
Development and permit applications. All applications for development
within any floodplain district and all building permits issued for
the floodplain shall incorporate the following information:
C.
General standards.
(1)
The following provisions shall apply to all permits:
(a)
New construction and substantial improvements shall be according
to the Virginia USBC, and anchored to prevent flotation, collapse
or lateral movement of the structure.
(b)
Manufactured homes shall be anchored to prevent flotation, collapse,
or lateral movement as prescribed by the federal Department of Housing
and Urban Development. Methods of anchoring may 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.
(c)
New construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
(d)
New construction or substantial improvements shall be constructed
by methods and practices that minimize flood damage.
(e)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, duct work, and other service facilities, shall be designed
or located so as to prevent water from entering or accumulating within
the components during conditions of flooding.
(f)
New and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
(g)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of flood waters into the systems
and discharges from the systems into flood waters.
(h)
On-site waste disposal systems shall be located and constructed
to avoid impairment to them or contamination from them during flooding.
(2)
In addition to provisions (a) through (h) above, in all special
flood hazard areas, prior to any proposed alteration or relocation
of any channels or of any watercourse, stream, etc., within this City,
a joint permit shall be obtained from the U.S. Corps of Engineers,
the Virginia Department of Environmental Quality, and the Virginia
Marine Resources Commission. Furthermore, in riverine areas, the applicant
shall give notification of the proposal to all affected adjacent jurisdictions,
the Department of Conservation and Recreation (Division of Dam Safety
and Floodplain Management), other required State agencies, and FEMA.
(3)
The flood carrying capacity within an altered or relocated portion
of any watercourse shall be maintained.
D.
Elevation and construction standards. 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 this ordinance,
the following provisions shall apply:
(1)
Residential construction – New construction or substantial
improvement of any residential structure, including manufactured homes,
in Zones A1-30, AE, AH and A with detailed base flood elevations shall
have the lowest floor, including basement, elevated to at least one
foot above the base flood level.
(2)
Non-residential construction – New construction or substantial
improvement of any commercial, industrial, non-residential building,
or manufactured building shall have the lowest floor, including basement,
elevated to or above the base flood level. Buildings located in all
A1-30, AE, and AH zones may be flood-proofed in lieu of being elevated,
provided that all areas of the building components below the elevation
corresponding to the BFE plus one foot are water tight 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 the Floodplain Administrator.
(3)
Space below the lowest floor – In zones A, AE, AH, AO,
and A1-A30, fully enclosed areas of new construction or substantially
improved structures, which are below the regulatory flood protection
elevation, shall:
(a)
Not be designed or used for human habitation, but shall only
be used for parking of vehicles, 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 parking
of vehicles, limited storage of maintenance equipment, or entry to
the living area;
(b)
Be constructed entirely of flood resistant materials below the
regulatory flood protection elevation; and
(c)
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 either be certified by
a professional engineer or architect or meet the following minimum
design criteria:
[1]
Provide a minimum of two openings on different
sides of each enclosed area subject to flooding.
[2]
The total net area of all openings must be at least
one square inch for each square foot of enclosed area subject to flooding.
[3]
If a building has more than one enclosed area,
each area must have openings to allow floodwaters to automatically
enter and exit.
[4]
The bottom of all required openings shall be no
higher than one foot above the adjacent grade.
[5]
Openings may be equipped with screens, louvers,
or other opening coverings or devices, provided they permit the automatic
flow of floodwaters in both directions.
[6]
Foundation enclosures made of flexible skirting
shall not be considered enclosures for regulatory purposes; therefore,
they do not require openings. Masonry or wood underpinning, regardless
of structural status, shall be considered an enclosure and requires
openings as outlined above.
(4)
Accessory structures - Accessory structures in the SFHA shall
comply with the elevation requirements specified in D(2) of this section;
or if not elevated or dry floodproofed, shall:
[Added 11-14-2023 by Ord. No. 23-20]
(a)
Not be used for human habitation;
(b)
Be limited to no more than 600 square feet in total floor area;
(c)
Be useable only for parking of vehicles or limited storage;
(d)
Be constructed with flood damage-resistant materials below the
base flood elevation;
(e)
Be constructed and placed to offer the minimum resistance to
the flow of floodwaters;
(f)
Be anchored to prevent flotation;
(g)
Have electrical service and mechanical equipment elevated to
or above the base flood elevation;
(h)
Shall be provided with flood openings which shall meet the following
criteria:
[1]
There shall be a minimum of two flood openings
on different sides of each enclosed area; if a building has more than
one enclosure below the lowest floor, each such enclosure shall have
flood openings on exterior walls.
[2]
The total net area of all flood openings shall
be at least one 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.
[3]
The bottom of each flood opening shall be one foot
or less above the higher of the interior floor or grade, or the exterior
grade, immediately below the opening.
[4]
Any louvers, screens or other covers for the flood
openings shall allow the automatic flow of floodwaters into and out
of the enclosed area.
E.
Standards for manufactured homes. 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 specified in this chapter.
F.
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 provided
to reduce exposure to flood hazards; and
(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 Flood Insurance Study
for subdivision proposals and other proposed development proposals
(including manufactured home parks and subdivisions) that exceed 50
lots or five acres, whichever is the lesser.
G.
Recreational vehicles prohibited. Recreational vehicles are prohibited
in SFHA Districts.
A.
A structure or use of a structure or premises which lawfully existed
before the enactment of these provisions, but which is not in conformity
with these provisions, may be continued subject to the following conditions:
(1)
Existing structures 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 or use located in any floodplain areas
to an extent or amount of less than 50% of its market value shall
conform to the Virginia USBC.
(3)
The modification, alteration, repair, reconstruction, or improvement
of any kind to a structure or use, regardless of its location in a
floodplain area to an extent or amount of 50% or more of its market
value shall be undertaken only in full compliance with this ordinance
and shall require the entire structure to conform to the Virginia
USBC.
A.
(1)
Variances shall be issued only upon (i) a showing of good and
sufficient cause, (ii) after the Board of Zoning Appeals ("BZA") has
determined that failure to grant the variance would result in exceptional
hardship to the applicant, and (iii) after the BZA has determined
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, (d) nuisances, (e)
fraud or victimization of the public, or (f) conflict with local laws
or ordinances.
(2)
While the granting of variances is generally limited to a lot
size less than one-half acre, deviations from that limitation may
occur. However, as the lot size increases beyond one-half acre, the
technical justification required for issuing a variance increases.
Variances may be issued by 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 the provisions of this section.
B.
In passing upon applications for variances, the BZA shall satisfy
all relevant factors and procedures specified in other sections of
the zoning ordinance and consider the following additional factors:
(1)
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 one-percent chance flood
elevation.
[Amended 11-14-2023 by Ord. No. 23-20]
(2)
The danger that materials may be swept onto other lands or downstream
to the injury of others.
(3)
The proposed water supply and sanitation systems and the ability
of these systems to prevent disease, contamination, and unsanitary
conditions.
(4)
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owners.
(5)
The importance of the service provided by the proposed facility
to the community.
(6)
The requirements of the facility for a waterfront location.
(7)
The availability of alternative locations not subject to flooding
for the proposed use.
(8)
The compatibility of the proposed use with existing development
and development anticipated in the foreseeable future.
(9)
The relationship of the proposed use to the comprehensive plan
and floodplain management program for the area.
(10)
The safety of access by ordinary and emergency vehicles to the
property in time of flood.
(11)
The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
(12)
The historic nature of a structure. Variances for repair or
rehabilitation of historic structures may be granted 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.
(13)
Such other factors which are relevant to the purposes of this
ordinance.
C.
The BZA may refer any application and accompanying documentation
pertaining to any request for a variance to any engineer or other
qualified person or agency for technical assistance in evaluating
the proposed project in relation to flood heights and velocities,
and the adequacy of the plans for flood protection and other related
matters.
D.
Variances shall be issued only after the BZA has determined that
such issuance shall not result in (i) unacceptable or prohibited increases
in flood heights, (ii) additional threats to public safety, (iii)
extraordinary public expense, (iv) nuisances, (v) fraud or victimization
of the public, or (vi) conflict with local laws or ordinances.
E.
Variances shall be issued only after the Board of Zoning Appeals
has determined that the variance will be the minimum required to provide
relief.
F.
The BZA shall notify the applicant for a variance, in writing that
the issuance of a variance to construct a structure below the one-percent
chance flood elevation (i) increases the risks to life and property,
and (ii) shall result in increased premium rates for flood insurance.
G.
A record shall be maintained of the above notification as well as
all variance actions, including justification for the issuance of
variances. Any variances that are issued shall be noted in the annual
or biennial report submitted to the Federal Insurance Administrator.
A.
APPURTENANT OR ACCESSORY STRUCTURE
BASE FLOOD
BASE FLOOD ELEVATION
BASEMENT
BOARD OF ZONING APPEALS
DEVELOPMENT
ELEVATED BUILDING
ENCROACHMENT
EXISTING CONSTRUCTION
FLOOD or FLOODING
(a)
[1]
[2]
[3]
(b)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN OR FLOOD-PRONE AREA
FLOOD PROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS
LETTERS OF MAP CHANGE (LOMC)
(a)
(b)
(c)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
NEW CONSTRUCTION
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
REPETITIVE LOSS STRUCTURE
SEVERE REPETITIVE LOSS STRUCTURE
SHALLOW FLOODING AREA
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
VIOLATION
WATERCOURSE
For the purposes
of these provisions relating to the Floodplain Overlay District, the
following terms shall be defined as follows:
A non-residential structure that 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 600 square feet.
[Added 11-14-2023 by Ord. No. 23-20]
The flood having a one percent chance of being equaled or
exceeded in any given year.
The Federal Emergency Management Agency designated one-percent annual chance water surface elevation and the elevation determined per § 4.6. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this ordinance, the base flood is a one-percent annual chance flood.
[Amended 11-14-2023 by Ord. No. 23-20]
Any area of the building having its floor sub-grade (below
ground level) on all sides.
The board appointed to review appeals made by individuals
with regard to decisions of the Zoning Administrator in the interpretation
of this ordinance.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials.
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).
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.
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 "existing structures."
A general or temporary condition of partial or complete inundation
of normally dry land areas from
The overflow of inland or tidal waters; or
The unusual and rapid accumulation or runoff of surface waters
from any source; or
Mudflows which are proximately caused by flooding as defined
in paragraph (a)[2] of this definition and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along
the path of the current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in paragraph (a)[1] of this definition.
An official map of a community, on which the Federal Emergency
Management Agency has delineated both the special hazard areas and
the risk premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance
Rate Map (DFIRM).
A report by FEMA that examines, evaluates and determines
flood hazards, and if appropriate, corresponding water surface elevations,
or an examination, evaluation and determination of mudflow and/or
flood-related erosion hazards.
Any land area susceptible to being inundated by water from
any source.
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.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
one foot.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
Any structure that is
Listed individually in the National Register of Historic Places
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Analyses performed by a licensed professional engineer, in
accordance with standard engineering practices that are accepted by
the Virginia Department of Conservation and Recreation and FEMA, used
to determine the base flood, other frequency floods, flood elevations,
floodway information and boundaries, and flood profiles.
An official FEMA determination, by letter, that amends or
revises an effective Flood Insurance Rate Map or Flood Insurance Study.
Letters of Map Change include:
Letter of Map Amendment (LOMA): An amendment based on technical
data showing that a property was incorrectly included in a designated
special flood hazard area. A LOMA amends the current effective Flood
Insurance Rate Map and establishes that land, as defined by meets
and bounds or structure, is not located in a special flood hazard
area.
Letter of Map Revision (LOMR): A revision based on technical
data that may show changes to flood zones, flood elevations, floodplain
and floodway delineations; and
Conditional Letter of Map Revision (CLOMR): A formal review
and comment as to whether a proposed flood protection project or other
project complies with the minimum NFIP requirements for such projects
with respect to delineation of special flood hazard areas. A CLOMR
does not revise the effective Flood Insurance Rate Map or Flood Insurance
Study.
The lowest floor of the lowest enclosed area (including basement).
An unfinished or flood-resistant enclosure, usable solely for parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor; provided, that such
enclosure is not built so as to render the structure in violation
of the applicable non-elevation design requirements of 44 CFR § 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. For
floodplain management purposes the term "manufactured home" also includes
park trailers, travel trailers, and other similar vehicles placed
on a site for greater than 180 consecutive days, but does not include
a recreational vehicle.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after January 11, 2024 and includes any subsequent improvements
to such structures. Any construction started after the effective date
of the community's first floodplain management ordinance and
before January 11, 2024 is subject to the ordinance in effect at the
time the permit was issued, provided the start of construction was
within 180 days of permit issuance.
[Amended 11-14-2023 by Ord. No. 23-20]
A structure for which construction or substantial improvement
occurred after September 2, 1981.
A structure for which construction or substantial improvement
occurred on or before September 2, 1981.
A vehicle which is
Built on a single chassis;
400 square feet or less when measured at the largest horizontal
projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and,
Not primarily designed for use as a permanent dwelling but as
temporary living quarters for recreational camping, travel, or seasonal
use.
A building covered by a contract for flood insurance that
has incurred flood-related damages on two 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 25% of the market value of the building at the
time of each flood event.
A structure that: (a) is covered under a contract for flood
insurance made available under the NFIP; and (b) has incurred flood
related damage — (i) for which four or more separate
claims payments have been made under flood insurance coverage with
the amount of each such claim exceeding $5,000, and with the cumulative
amount of such claims payments exceeding $20,000; or (ii) for which
at least two separate claims payments have been made under such coverage,
with the cumulative amount of such claims exceeding the market value
of the insured structure.
[Added 11-14-2023 by Ord. No. 23-20]
A special flood hazard area with base flood depths from one
to three feet where a clearly defined channel does not exist, where
the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident. Such flooding is characterized by ponding
or sheet flow.
The land in the floodplain subject to a one-percent or greater
chance of being flooded in any given year as determined in this ordinance.
For other than new construction and substantial improvement,
under the Coastal Barriers Resource Act (P.L. – 97-348), means
the date the building permit was issued, provided the actual start
of construction, repair, reconstruction, rehabilitation, addition,
placement, substantial improvement or other improvement was within
180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such
as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation;
or the placement of a manufactured home on a foundation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; the installation of streets or walkways; excavation
for a basement, footings, piers, or foundations or the erection of
temporary forms; and the installation on the property of accessory
buildings. For a substantial improvement, the actual start of the
construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
regardless of the actual repair work performed. The term does not,
however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living conditions,
or
Any alteration of a historic structure, provided that the alteration
will not preclude the structure's continued designation as a historic
structure.
The failure of a structure or other development to be fully
compliant with the City's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required by this ordinance is presumed
to be in violation until such time as that documentation is provided.
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.
A.
The purpose of these provisions is to fulfill the policy standards
set herein to regulate the use and development of wetlands.
A.
These provisions shall apply to all lands within the jurisdiction
of the City of Colonial Heights and identified as being vegetated
and nonvegetated wetlands.
A.
No land shall hereafter be developed and no structure shall be located,
relocated, constructed, reconstructed, enlarged or structurally altered
except in full compliance with the terms of these provisions and any
other applicable ordinances and regulations which may apply.
A.
The following uses of and activities on wetlands are permitted, if
otherwise permitted by law:
(1)
The construction and maintenance of noncommercial catwalks,
piers, boathouses, boat shelters, fences, duck blinds, 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, shell fishing, horseback riding,
swimming, skeet and trap shooting and shooting preserves, provided
that no structure shall be constructed except as permitted above.
(4)
The cultivation and harvesting of agricultural, forestry of
horticultural products; grazing and haying.
(5)
Conservation, repletion and research activities of the Virginia
Marine Resources Commission, the Virginia Institute of Marine Science,
Commission of Game and Inland Fisheries and other related conservation
agencies.
(6)
The construction or maintenance of aids to navigation which
are authorized by governmental authority.
(7)
Emergency decrees of any duly appointed health officer of a
governmental subdivision acting to protect the public health.
(8)
The normal maintenance, repair or addition to presently existing
roads, highways, railroad beds or the facilities of any person, firm,
corporation, utility, federal, state, county, city or town abutting
on or crossing wetlands, provided that no waterway is altered and
no additional wetlands are covered.
(9)
Governmental activity on wetlands owned or leased by the Commonwealth
of Virginia or a political subdivision thereof.
(10)
The normal maintenance of man-made drainage ditches, provided
that no additional wetlands are covered, and provided further that
this subsection shall not be deemed to authorize construction of any
drainage ditch.
A.
Any person who desires to use or develop any wetland within this
City, other than those for exempt activities specified, shall first
file an application for a permit with the Wetlands Board directly
or through the Virginia Marine Resource Commission.
B.
An application shall include the following: the name and address
of the applicant; a detailed description of the proposed activity
and a map, drawn to an appropriate and uniform scale, showing the
area of wetland directly affected, with the location of the proposed
work thereon, indicating the area of existing and proposed fill and
excavation, especially the location, width, depth and length of any
proposed channel and the disposal area and all existing and proposed
structures; sewage collection and treatment facilities, utility installments,
roadways and other related appurtenances or facilities, including
those on adjacent uplands, and the type of equipment to be used and
means of equipment access to the activity site; 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;
an estimate of cost; the primary purpose of the project; any secondary
purposes of the project, including further projects; the public benefit
to be derived from the proposed project; a complete description of
measures to be taken during and after the alteration to reduce detrimental
off-site effects; the completion date of the proposed work, project
or structure; and such additional materials and documentation as the
Wetlands Board may deem necessary.
C.
A nonrefundable processing fee of $350 to cover the cost of processing
the application, including the time, skill and Administrator's expense
involved, shall accompany each application.
[Amended 5-9-2023 by Ord. No. 22-12]
A.
All applications and maps and documents relating thereto shall be
open for inspection at the office of the Director of Planning and
Community Development.
A.
Not later than 60 days after receipt of such application, the Wetlands
Board shall hold a public hearing on such application. The applicant,
the local governing body, the Virginia Marine Resource Commissioner,
the owner 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 governmental agencies expressing an interest
therein shall be notified by the Wetlands Board of the hearing by
mail not less than 20 days prior to the date set for the hearing.
The Wetlands Board shall also cause notice of such hearing to be published
at least once a week for two weeks prior to such hearing in a newspaper
having a general circulation in this City. The costs of such publication
shall be paid by the applicant.
A.
In acting on any application for a permit, the Wetlands Board shall
grant the application upon the concurring vote of four members. The
Chairman of the Wetlands Board, or in his absence the Acting Chairman,
may administer oaths and compel the attendance of witnesses. Any person
may appear and be heard at the public hearing. Each witness at the
hearing may submit a concise written statement of his testimony. The
Wetlands 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 decisions of the
Wetlands Board and the rationale for the decision. The Wetlands Board
shall make its determination within 30 days from the hearing. If the
Wetlands Board fails to act within such time, the application shall
be deemed approved. Within 48 hours of its determination, the Wetlands
Board shall notify the applicant and the Virginia Marine Resource
Commissioner of such determination, and if the Wetlands Board has
not made a determination, it shall notify the applicant and the Virginia
Marine Resource Commission that 30 days have passed and that the application
is deemed approved.
B.
The Wetlands Board shall transmit a copy of the permit to the Virginia
Marine Resource Commissioner. If the application is reviewed or appealed,
then the Wetlands Board shall transmit the record of its hearing to
the Virginia Marine Resource Commissioner. Upon a final determination
by the Virginia Marine Resource Commission, the record shall be returned
to the Wetlands Board. The record shall be open for public inspection
at the office of the Director of Planning and Community Development.
A.
The Wetlands 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 Wetlands Board may, after hearing as
provided herein, suspend or revoke a permit if the Wetlands Board
finds that the applicant has failed to comply with any of the conditions
or limitations set forth in the permit or has exceeded the scope of
the work as set forth in the application. The Wetlands Board, after
hearing, may suspend a permit if the applicant fails to comply with
the terms and conditions set forth in the application.
A.
In making its decision whether to grant, to grant in modified form
or to deny an application for a permit, the Wetlands Board shall base
its decision on these factors:
(1)
Such matters raised through the testimony of any person in support
of or in rebuttal to the permit application.
(2)
The impact of the development on the public health and welfare
as expressed by the policy and standards of Chapter 2.1 of Title 62.1
of the Code of Virginia and any guidelines which may have been promulgated
by the Virginia Marine Resource Commission.
B.
If the Wetlands Board, in applying the standards above, finds that
the anticipated public and private benefit of the proposed activity
exceeds the anticipated public and private detriment and that the
proposed activity would not violate or tend to violate the purposes
and intent of Chapter 2.1 of Title 62.1 of the Code of Virginia and
of this chapter, the Wetlands Board shall grant the permit, subject
to any reasonable condition or modification designed to minimize the
impact of the activity on the ability of this City to provide governmental
services and on the rights of any other person and to carry out the
public policy set forth in Chapter 2.1 of Title 62.1 of the Code of
Virginia and in this chapter. Nothing in this section shall be construed
as affecting the right of any person to seek compensation for any
injury in fact incurred by him because of the proposed activity. If
the Wetlands Board finds that the anticipated public and private benefit
from the proposed activity is exceeded by the anticipated public and
private detriment or that the proposed activity would violate the
purposes and intent of Chapter 2.1 of Title 62.1 of the Code of Virginia
and of this chapter, the Wetlands Board shall deny the permit application
with leave to the applicant to resubmit the application in modified
form.
A.
The permit shall be in writing, signed by the Chairman of the Wetlands
Board and notarized.
A.
No permit shall be granted without an expiration date, and the Wetlands
Board, in the exercise of its discretion, shall designate an expiration
date for completion of such work specified in the permit from the
date the Wetlands Board granted such permit. The Wetlands Board, however,
may, upon proper application, grant extensions.
A.
No permit granted by a Wetlands Board shall affect in any way the
applicable zoning and land use ordinances of the City.
A.
No structure shall be located within 10 feet of the boundary of a
designated wetland.
A.
Within the City of Colonial Heights, there are older areas which
contain residential structures that exhibit certain design and construction
features that, although common at the time of construction, are now
rare and not likely to be reproduced. In fact, these areas constitute
distinct neighborhoods, the character of which may be detrimentally
affected by the construction of dissimilar types of buildings. In
establishing neighborhoods using particular styles, a certain architectural
style was created in areas of the City which are of local significance.
It is in the public interest to protect and preserve the character
of these neighborhoods. In this effort, the City hereby designates
certain areas as architecturally significant and provides certain
standards for the construction of new residential structures within
these areas.
B.
For the most part, those areas of architectural significance are
included within the developed areas of the original Town of Colonial
Heights. The boundaries have been designed so as not to isolate individual
properties for regulation, but rather to protect and preserve the
existence of complete neighborhoods containing significant examples
of various building styles and designs popular at the time of incorporation
of the town.
A.
There are hereby established and designated several areas to be known
as "Architectural Districts" within certain existing sections of the
City of Colonial Heights. Within these areas, there are hereby provided
standards for the design of primary dwelling units so as to ensure
that the architectural character of existing neighborhoods is preserved
and protected. These significant areas are delineated on a map entitled
"Architectural Districts Map," which is included as a part of the
Official Zoning Map. The requirements placed on the design of new
structures located within these districts shall be in addition to
other applicable requirements found elsewhere in this chapter.
A.
Upon application for a permit to construct any residential structure
within an Architectural District, the applicant shall submit to the
Administrator one copy of the plans for construction of such structure,
showing the square footage on each floor and the elevation of such
structure. The Administrator, in considering the granting of a zoning
certificate, shall assess the submitted plans to determine the compliance
of the proposed structure with the standards set forth herein.
B.
If the proposal is determined to meet the standards as provided herein,
the Administrator shall proceed to review the application and plans
according to standard procedure for reviewing applications for building
permits. Should the Administrator determine that the proposal is not
in conformance with the standards provided herein, the zoning certificate
shall be rejected and the applicant shall have a right of appeal to
the Colonial Heights Board of Architectural Review, as provided herein.
A.
Before approval of an application for a zoning certificate in connection
with plans to construct a primary residential structure in an Architectural
District, the Administrator shall certify that the following standards
have been met:
(1)
The proposed structure shall have at a minimum the same number
of stories as the average number of stories in structures in the adjacent
area, as defined herein.
(2)
The linear footage of the front elevation of the proposed structure
shall have a minimum of 95% of the average linear front footage of
primary residential structures in the adjacent area; provided, however,
that applicable side yard requirements shall be complied with in any
event.
(3)
There shall be no flat roofs on primary residential structures
constructed within an Architectural District unless all of the primary
residential structures within the specific adjacent area have such
roofs.
(4)
It shall be apparent from the street that there is a crawl space
under at least a portion of the first floor of the building or that
there is at least a partial basement.
(5)
The front yard setback of a new residential structure shall
be the average of the setbacks of the main residential structures
within the adjacent area. Upon appeal, the Board of Architectural
Review shall have authority to modify the front yard setback by a
maximum of five feet in either direction of the calculated average.
There shall be, however, no maximum or minimum front yard setback
specified herein, and said front yard setback otherwise required pursuant
to this chapter shall not be applicable. For the purposes of this
district, front yard setback shall be measured from the front property
line to the front wall of the primary residential structure.
A.
Whenever the Administrator shall deny approval to a zoning certificate
pursuant to these standards the applicant shall have the right to
appeal to and be heard before the Board of Architectural Review, provided
that he files with the Administrator on or before five working days
after the decision of the Administrator, a notice, in writing, of
his intention to appeal. Upon receipt of such notice, the Administrator
shall forthwith notify the Clerk of the Board, who shall schedule
a public hearing before the Board at a time not to exceed 30 days
after receipt by the Administrator of such notice. On any such appeal,
the final decision of the Administrator shall be stayed, pending the
outcome of the appeal before the Board.
B.
The same standards and considerations shall be applied by the Board
as are established for the Administrator, except as otherwise specifically
stated herein. By majority of those members present and voting, the
Board may affirm, reverse or modify the decision of the Administrator.
Except as specifically provided herein, the decision of the Board
shall be final.
A.
Upon appeal of any matter relating to construction in an Architectural
District to the Board of Architectural Review, a public hearing, advertised
in the same manner as required in § 15.2-2204 of the Code
of Virginia shall be called.
A.
Nothing in this chapter relating to Architectural Districts shall
pertain to any structure existing within the City of Colonial Heights
on the effective date of these provisions or to any addition to any
structure or to any accessory structure. Standards contained herein
are intended to relate to new primary residential structures only.
A.
This section shall be known and referenced as the "Chesapeake Bay
Overlay District" of the City of Colonial Heights.
A.
The Chesapeake Bay Overlay District provisions are enacted to implement
the requirements of Article 2.5 of Chapter 3.1 of Title 62.1 (§ 62.1-44.15:67
et seq.) of the Code of Virginia (the Chesapeake Bay Preservation
Act). The intent of City Council and the purpose of the Overlay District
are to:
[Amended 11-13-2018 by Ord. No. 18-33]
(1)
Protect existing high-quality state waters;
(2)
Restore all other state waters to a condition or quality that
will permit all reasonable public uses and will support the propagation
and growth of all aquatic life, including game fish, which might reasonably
be expected to inhabit them;
(3)
Safeguard the clean waters of the Commonwealth from pollution;
(4)
Prevent any increase in pollution;
(5)
Reduce existing pollution; and
(6)
Promote water resource conservation in order to provide for
the health, safety and welfare of the present and future citizens
of the City of Colonial Heights.
A.
The Overlay District shall be in addition to and shall overlay all other zoning districts where they are applied so that any parcel of land lying in the Chesapeake Bay Preservation Area Overlay District shall also lie in one or more of the other zoning districts provided for by this chapter. Unless otherwise stated, the review and approval procedures provided for in Chapter 109, Building Construction; this chapter; Chapter 250, Subdivision of Land; and Chapter 241, Soil Erosion and Sediment Control, shall be followed in reviewing and approving development, redevelopment and uses governed by this chapter.
[Amended 11-13-2018 by Ord. No. 18-33]
A.
These provisions are enacted under the authority of § 62.1-44.15:67
et seq. (the Chesapeake Bay Preservation Act) and § 15.2-2283
of the Code of Virginia.
A.
The Chesapeake Bay Preservation Area Overlay District shall apply
to all lands identified as CBPAs as designated by the City Council
and as shown on the Chesapeake Bay Preservation Area Maps dated July
1, 1990, adopted September 12, 1990. The Chesapeake Bay Preservation
Area Maps dated July 1, 1990, together with all explanatory matter
thereon, are hereby adopted by reference and declared to be a part
of this chapter.
A.
At a minimum, RPAs shall consist of lands adjacent to water bodies
with perennial flow that have an intrinsic water quality value due
to the ecological and biological processes they perform or are sensitive
to impacts which may cause significant degradation to the quality
of state waters. In their natural condition, these lands provide for
the removal, reduction or assimilation of sediments, nutrients and
potentially harmful or toxic substances in runoff entering the bay
and its tributaries, and minimize the adverse effects of human activities
on state waters and aquatic resources.
B.
The resource protection area shall include:
(1)
Tidal wetlands.
(2)
Nontidal wetlands connected by surface flow and contiguous to
tidal wetlands or water bodies with perennial flow.
(3)
Tidal shores.
A.
Resource management areas shall include land types that, if improperly
used or developed, have a potential for causing significant water
quality degradation or for diminishing the functional value of the
RPA.
B.
A resource management area shall be provided contiguous to the entire inland boundary of the RPA. The resource management area is composed of concentrations of the following land categories: floodplains; highly erodible soils, including steep slopes; highly permeable soils; nontidal wetlands not included in the RPA; and such other lands meeting the provisions of Subsection A herein and to be necessary to protect the quality of state waters.
C.
The Chesapeake Bay Preservation Area Maps dated July 1, 1990, show
the general location of CBPAs and should be consulted by persons contemplating
activities within the City of Colonial Heights prior to engaging in
a regulated activity. The specific location of RPAs on a lot or parcel
shall be delineated on each site or parcel as required by this chapter
through the review and approval of the site plan process or as required
through the review and approval of a water quality impact assessment.
D.
If the boundaries of a CBPA include a portion of a lot, parcel or
development project, the entire lot, parcel or development project
shall comply with the requirements of the Overlay District. The division
of property shall not constitute an exemption from this requirement.
A.
Permitted uses, special exception uses, accessory uses and special
requirements shall be as established by the underlying zoning district,
unless specifically modified by the requirements set forth herein.
A.
Lot size shall be subject to the requirements of the underlying zoning
district(s), provided that any lot shall have sufficient area outside
the RPA to accommodate an intended development, in accordance with
the performance standards.
[1]
Editor’s Note: Former § 286-326.20, Required conditions, was repealed 11-13-2018 by Ord. No. 18-33. For current provisions, see § 286-326.32.
A.
In any case where the requirements of this chapter conflict with
any other provision of the City of Colonial Heights Code or existing
state or federal regulations, whichever imposes the more stringent
restrictions shall apply.
[Amended 8-9-2011 by Ord. No. 11-16]
A.
The site-specific boundaries of the resource protection area and
the resource management area shall be determined by the applicant
through the performance of an environmental site assessment submitted
as part of the site plan process, or water quality impact assessment,
subject to approval by the Director of Planning and Community Development.
The Chesapeake Bay Preservation Area Maps dated July 1, 1990, shall
be used as a guide to the general location of resource protection
areas.
A.
Where the applicant has provided a site-specific delineation of the RPA, the Director of Planning and Community Development will verify the accuracy of the boundary delineation. In determining the site-specific RPA boundary, the Director of Planning and Community Development may render adjustments to the applicant's boundary delineation. In the event that the adjusted boundary delineation is contested by the applicant, the applicant may seek relief, in accordance with the provisions of § 286-326.62.
A.
Performance standards establish the means to minimize erosion and
sedimentation potential, reduce land application of nutrients and
toxics and maximize rainwater infiltration. Natural ground cover,
especially woody vegetation, is most effective in holding soil in
place and preventing site erosion. Indigenous vegetation, with its
adaptability to local conditions without the use of harmful fertilizers
or pesticides, filters stormwater runoff. Minimizing impervious cover
enhances rainwater infiltration and effectively reduces stormwater
runoff potential.
B.
The purpose and intent of these requirements are also to implement
the following objectives: prevent a net increase in nonpoint source
pollution from new development, achieve a ten-percent reduction in
nonpoint source pollution from redevelopment and achieve a forty-percent
reduction in nonpoint source pollution from agricultural uses.
A.
Land disturbance shall be limited to the area necessary to provide
for the proposed use or development.
B.
Indigenous vegetation shall be preserved to the maximum extent practicable
consistent with the use and development permitted and in accordance
with the Virginia Erosion and Sediment Control Handbook.
C.
Land development shall minimize impervious cover to promote the infiltration
of stormwater into the ground consistent with the proposed use or
development.
D.
Notwithstanding any other provisions of this chapter or exceptions or exemptions thereto, any land-disturbing activity exceeding 2,500 square feet, including construction of all single-family houses, septic tanks and drain fields, shall comply with the requirements of Chapter 241, Soil Erosion and Sediment Control.
E.
All on-site sewage disposal systems not requiring a VPDES permit
shall be pumped out at least once every five years.
[Amended 11-13-2018 by Ord. No. 18-33]
F.
A reserve sewage disposal site with a capacity at least equal to
that of the primary sewage disposal site shall be provided, in accordance
with the City of Colonial Heights Health Code. This requirement shall
not apply to any lot or parcel recorded prior to October 1, 1989,
if such lot or parcel is not sufficient in capacity to accommodate
a reserve sewage disposal site, as determined by the Colonial Heights
Health Department. The building or construction of any impervious
surface shall be prohibited on the area of all sewage disposal sites
or on an on-site sewage treatment system which operates under a permit
issued by the State Water Control Board, until the structure is served
by public sewer.
H.
Prior to initiating grading or other on-site 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
submitted to the Director of Planning and Community Development.
I.
All development and redevelopment exceeding 2,500 square feet of land disturbance shall be subject to a site plan process, including the approval of a site plan in accordance with the provisions of this chapter or a subdivision plat in accordance with City Code Chapter 250, Subdivision of Land.
[1]
Editor’s Note: This ordinance also repealed former Subsection
J, added 8-9-2011 by Ord. No. 11-16, which immediately followed and
set forth minimum building setbacks from RPAs for all new developments
or redevelopments.
[Amended 11-13-2018 by Ord. No. 18-33]
A.
(1)
Development in RPAs may be allowed only if (i) it is water-dependent; (ii) constitutes redevelopment; (iii) is a new use established pursuant to Subsection F of this section; (iv) is a road or driveway crossing satisfying the conditions set forth in Subsection A(4) of this section; or (v) is a flood control or stormwater management facility satisfying the conditions set forth in Article III of Chapter 245 of this Code and § 286-326.54 of this chapter.
(2)
A new or expanded water-dependent facility may be allowed provided
that the following criteria are met: (i) it does not conflict with
the Comprehensive Plan; (ii) it complies with the performance criteria
set forth in this chapter; (iii) any non-water-dependent component
is located outside of the RPA; and (iv) 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 shall be permitted in the RPAs only if there is no increase in the amount of impervious cover and no further encroachment within the RPA, and there is conformance with applicable erosion and sediment control criteria set forth in Chapter 241 and stormwater management criteria set forth in Chapter 245 of this Code.
(4)
Roads and driveways which must comply with the provisions of
this Code may be constructed in or across RPAs if each of the following
conditions are met: (i) the Director of Planning and Community Development
makes a finding that there are no reasonable alternatives to aligning
the road or driveway in or across the RPA; (ii) the alignment and
design of the road or driveway are optimized, consistent with other
applicable requirements, to minimize encroachment into the RPA and
minimize adverse effects on water quality; (iii) the design and construction
of the road or driveway satisfy all applicable criteria of this chapter;
and (iv) the Director of Planning and Community Development shall
review the plan for the road or driveway proposed in or across the
RPA in coordination with the requirements for City subdivision and
site plan approvals.
B.
Buffer requirements. To minimize the adverse effects of human activities
on the other components of resource protection areas, state waters,
and aquatic life, a one-hundred-foot buffer area of vegetation that
is effective in retarding runoff, preventing erosion, and filtering
nonpoint source pollution from runoff shall be retained if present,
and established where it does not exist. The buffer area shall be
located adjacent to and landward of other RPA components and along
both sides of any water bodies with perennial flow. The full buffer
area shall be designated as the landward component of the RPA. Notwithstanding
permitted uses, encroachments and vegetation clearing, as set forth
in the Code, the one-hundred-foot-wide buffer area shall not be reduced
in width.
C.
Buffer modifications. In order to maintain the functional value of
the buffer area, indigenous vegetation may be removed, subject to
local approval, only to provide for reasonable sight lines, access
paths, general woodlot management and best management practices, including
those that prevent upland erosion and concentrated flows of stormwater,
as follows:
(1)
Trees may be pruned or removed as necessary to provide for sight
lines and vistas with prior removal, 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.
(2)
Any path shall be constructed and surfaced so as to effectively
control erosion with prior local approval.
(3)
Dead, diseased or dying trees, or shrubbery and noxious weeds
(such as Johnson grass, kudzu, and multiflora rose) may be removed
and trees may be thinned, pursuant to sound horticultural practice
incorporated into City standards with prior local approval.
(4)
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 with prior local approval.
D.
Buffer encroachments. When 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, the Director of Planning and Community Development
may permit encroachments into the buffer area in accordance with the
following criteria:
(1)
Encroachments into the buffer areas shall be the minimum necessary
to achieve a reasonable buildable area for a principal structure and
necessary utilities;
(2)
Where practicable, a vegetated 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)
The encroachment may not extend into the seaward 50 feet of
the buffer area.
E.
When 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, the Director of Planning and Community Development
may permit encroachments into the buffer area in accordance with the
following criteria:
(2)
Conditions or mitigation measures imposed through a previously
approved exception shall be met;
(3)
If the use of a best management practice (BMP) was previously
required, the BMP shall be evaluated to determine if it continues
to function effectively; and if necessary, the BMP shall be reestablished
or repaired and maintained as required; and
F.
All required RPAs shall be physically located and clearly marked
on the site prior to initiating site grading or any other on-site
activities. Once marked, the condition of the RPAs shall be visually
documented using digital photographs, video, or other techniques acceptable
to the Director of Public Works. This documentation shall be submitted
to the Director of Public Works, who shall retain the documentation.
In addition, the limits of clearing and grading as shown on any approved
site plan shall be physically located and clearly marked on the site
prior to initiating site grading or any other on-site activities.
G.
For all new developments or redevelopments, all building setbacks
shall be a minimum of 10 feet from any RPA.
H.
The purpose of the water quality impact assessment is to:
(1)
Identify the impacts of proposed development on water quality
and lands within RPAs and other environmentally sensitive lands;
(2)
Ensure that where development does take place within RPAs and
other sensitive lands, it will be located on those portions of a site
and in a manner that will be least disruptive to the natural resources
of RPAs and other sensitive lands;
(3)
Protect individuals from investing funds for improvements proposed
for location on lands unsuited for such development because of high
groundwater, erosion, or vulnerability to flood and storm damage;
and
(4)
Specify mitigation which will address water quality protection.
I.
A water quality impact assessment is required for any proposed land disturbance, development, or redevelopment within an RPA, including any buffer area encroachment, and any development in an RMA as deemed necessary by the Director of Planning and Community Development due to the unique characteristics of the site or intensity of the proposed development. There shall be two levels of water quality impact assessments: a minor assessment and a major assessment, as provided in §§ 286-326.38 and 286-326.40, respectively, of this Code.
[Added 11-13-2018 by Ord.
No. 18-33]
A.
The Director of Planning and Community Development may permit the
continued use, but not necessarily the expansion, of any structure
in existence on September 12, 1990. The Director of Planning and Community
Development may allow the expansion of structures on legal nonconforming
lots or parcels provided that:
B.
The Director of Planning and Community Development shall consider and make decisions on requests for additions and modifications to existing legal principal structures as allowed by Subsection A of this section, subject to the findings required by Subsection A of § 286-326.36, but without a requirement for a public hearing. This provision shall not apply to accessory structures.
C.
This chapter shall be construed to allow the reconstruction of preexisting
structures within Chesapeake Bay Preservation Areas that are damaged
or destroyed due to casualty loss, unless otherwise restricted.
[Added 11-13-2018 by Ord.
No. 18-33]
A.
Exceptions to the requirements of §§ 286-326.30 and 286-326.32 of this Code may be granted, provided that a finding is made that:
(1)
The requested exception to the requirements is the minimum necessary
to afford relief;
(2)
Granting the exception will not confer upon the applicant any
special privileges that are denied to other property owners who are
similarly situated and who are subject to this Code;
(3)
The exception is in harmony with the purpose and intent of this
Code and is not of substantial detriment to water quality;
(4)
The exception request is not based upon conditions or circumstances
that are self-imposed;
(5)
Reasonable and appropriate conditions are imposed, as warranted,
that will prevent the allowed activity from causing a degradation
of water quality; and
(6)
Other appropriate conditions that the granting authority imposes
are met.
B.
The process for granting exceptions to § 286-326.32 shall be as follows:
(1)
The City Wetlands Board shall consider and act on all exception
requests;
(2)
The Wetlands Board shall not act on an exception request until
after notice and a hearing pursuant to § 15.2-2204 of the
Code of Virginia. Provided however, that the notice that shall be
given to owners, their agents, or occupants of abutting property and
property immediately across the street or road from the property affected
may be given by first-class mail rather than by registered or certified
mail; and
C.
The Director of Planning and Community Development may grant waivers
to other provisions of the Chesapeake Bay Overlay District, provided
that:
A.
A minor water quality impact assessment pertains only to land disturbance,
development or redevelopment with CBPAs which causes no more than
5,000 square feet of land disturbance and/or requires any encroachment
of the landward 50 feet to the one-hundred-foot buffer area. A minor
assessment must demonstrate through acceptable calculations that the
undisturbed buffer area, enhanced vegetative plantings, and necessary
best management practices will result in removal of no less than 75%
of sediments and 40% of nutrients from post-development stormwater
runoff and will retard runoff, prevent erosion, and filter nonpoint
source pollution the equivalent of the full undisturbed one-hundred-foot
buffer area. A minor assessment shall include a site drawing to scale,
which shows the following:
(1)
Location of the components of the RPA, including the one-hundred-foot
buffer area and location of any water body with perennial flow.
(2)
Location and nature of the proposed encroachment into the buffer
area, including type of paving material; areas of clearing or grading;
location of any structures, drives or other impervious cover; and
sewage disposal systems or reserve drain field sites.
(3)
Type and location of proposed best management practices to mitigate
the proposed encroachment.
(4)
Location of existing vegetation on-site, including the number
and type of trees and other vegetation to be removed in the buffer
to accommodate the encroachment.
(5)
Revegetation plan that supplements the existing buffer vegetation
in a manner that provides for pollutant removal, erosion and runoff
control.
A.
A major water quality impact assessment shall be required for any
land disturbance, development or redevelopment which exceeds 5,000
square feet of land disturbance within CBPAs and requires encroachment
into the landward 50 feet of the one-hundred-foot buffer area; disturbs
any portion of any other component of an RPA or disturbs any portion
of the buffer area within 50 feet of any other component of an RPA;
or is located in an RMA and is deemed necessary by the Director of
Planning and Community Development. The information required in this
section shall be considered a minimum, unless the Director of Planning
and Community Development determines that some of the elements are
unnecessary due to the scope and nature of the proposed use and development
of land.
B.
The following elements shall be included in the preparation and submission
of a major water quality assessment:
(1)
All of the information required in a minor water quality impact
assessment.
(2)
A hydro-geological element that:
(a)
Describes the existing topography, soils, hydrology and geology
of the site and adjacent lands.
(b)
Describes the impacts of the proposed development on topography,
soils, hydrology and geology on the site and adjacent lands.
(c)
Indicates the following:
[1]
Disturbance or destruction of wetlands and justification
for such action.
[2]
Disruptions or reductions in the supply of water
to wetlands, streams, lakes, rivers or other water bodies.
[3]
Disruptions to existing hydrology, including wetland
and stream circulation patterns.
[4]
Source location and description of proposed fill
material.
[5]
Location of dredge material and location of dumping
area for such material.
[6]
Estimation of pre- and post-development pollutant
loads in runoff.
[7]
Estimation of percent increase in impervious surface
on site and type(s) or surfacing materials used.
[8]
Percent of site to be cleared for project.
[9]
Anticipated duration and phasing schedule of construction
project.
[10]
Listing of all requisite permits from all applicable
agencies necessary to develop project.
(d)
Describes the proposed mitigation measures for the potential
hydro-geological impacts. Potential mitigation measures include:
[1]
Proposed erosion and sediment control concepts;
concepts may include minimizing the extent of the cleared area, perimeter
controls, reduction of runoff velocities, measures to stabilize disturbed
areas and schedule and personnel for site inspections.
[2]
Proposed stormwater management system.
[3]
Creation of wetlands to replace those lost.
[4]
Minimizing cut and fill.
(3)
A landscape element that:
(a)
Identifies and delineates the location of all significant plant
material, including all trees on site six inches or greater diameter
at breast height. Where there are groups of trees, stands may be outlined.
(b)
Describes the impacts the development or use will have on the
existing vegetation. Information should include:
(c)
Describes the potential measures for mitigation. Possible mitigation
measures include:
[1]
A replanting schedule for trees and other significant
vegetation removed for construction, including a list of possible
plants and trees to be used.
[2]
Demonstration that the design of the plan will
preserve to the greatest extent possible any significant trees and
vegetation on the site and will provide maximum erosion control and
overland flow benefits from such vegetation.
[3]
Demonstration that indigenous plants are to be
used to the greatest extent possible.
A.
Three copies of all site drawings and other applicable information as required by §§ 286-326.38 and 286-326.40 above shall be submitted to the Director of Planning and Community Development for review.
B.
All information required in this section shall be certified as complete
and accurate by a professional engineer or a certified land surveyor.
C.
A minor water quality impact assessment shall be prepared, submitted
to, and reviewed by, the Director of Planning and Community Development.
D.
A major water quality impact assessment shall be prepared, submitted
to, and reviewed by the Director of Planning and Community Development
in conjunction with a request for rezoning or a special exception
permit as deemed necessary by the Director of Planning and Community
Development.
E.
As part of any major water quality impact assessment submittal, the
Director of Planning and Community Development may require review
by the Chesapeake Bay Local Assistance Division (CBLAD). Upon receipt
of a major water quality impact assessment, the Director of Planning
and Community Development will determine if such review is warranted
and may request CBLAD to review the assessment and respond with written
comments. Any comments by CBLAD will be incorporated in the final
review by the Director of Planning and Community Development, provided
that such components are provided by CBLAD within 90 days of the request.
A.
Upon the completed review of a minor water quality impact assessment,
the Director of Planning and Community Development will determine
if any proposed encroachment into the buffer area is consistent with
the provisions of this chapter and make a finding based upon the following
criteria:
(1)
The necessity of the proposed encroachment and the ability to
place improvements elsewhere on the site to avoid disturbance of the
buffer area.
(2)
Impervious surface is minimized.
(3)
Proposed best management practices, where required, achieve
the requisite reductions in pollutant loadings.
(4)
The development, as proposed, meets the purpose and intent of
this chapter.
(5)
The cumulative impact of the proposed development, when considered
in relation to other development in the vicinity, both existing and
proposed, will not result in a significant degradation of water quality.
(6)
Proposed mitigation measures, including the revegetation plan
and site design, result in minimal disturbance to all components of
the RPA, including the one-hundred-foot buffer area.
(7)
Proposed mitigation measures will work to retain all buffer
area functions, pollutant removal, erosion and runoff control.
B.
Upon the completed review of a major water quality impact assessment, the Director of Planning and Community Development will determine if the proposed development is consistent with the purpose and intent of this chapter and make a finding based upon the following criteria in conjunction with §§ 286-326.46 through 286-326.62.
(1)
Within any RPA, the proposed development is water-dependent
or constitutes redevelopment.
(2)
The disturbance of wetlands will be minimized.
(3)
The development will not result in significant disruption of
the hydrology of the site.
(4)
The development will not result in significant degradation to
aquatic vegetation or life.
(5)
The development will not result in unnecessary destruction of
plant materials on site.
(6)
Proposed erosion and sediment control concepts are adequate
to achieve the reductions in runoff and prevent off-site sedimentation.
(7)
Proposed stormwater management concepts are adequate to control
the stormwater runoff to achieve the required standard for pollutant
control.
(8)
Proposed revegetation of disturbed areas will provide optimum
erosion and sediment control benefits, as well as runoff control and
pollutant removal equivalent to the full one-hundred-foot undisturbed
buffer area.
(9)
The design and location of any proposed drain field will be in accordance with the requirements of §§ 286-326.28 through 286-326.32.
(10)
The development, as proposed, is consistent with the purpose
and intent of the Overlay District.
(11)
The cumulative impact of the proposed development, when considered
in relation to other development in the vicinity, both existing and
proposed, will not result in a significant degradation of water quality.
C.
The Director of Planning and Community Development shall require additional mitigation where potential impacts have not been adequately addressed. Evaluation of mitigation measures will be made by the Director of Planning and Community Development based on the criteria listed above in Subsection A and B.
D.
The Director of Planning and Community Development shall find the proposal to be inconsistent with the purpose and intent of this chapter when the impacts created by the proposal cannot be mitigated. Evaluation of the impacts will be made by the Director of Planning and Community Development based on the criteria listed above in Subsections A and B.
[Amended 8-14-2012 by Ord. No. 12-14]
A.
Except for single-family and duplex dwellings, whenever the addition
or modification of a development or redevelopment results in a 2,500
square foot or greater increase in impervious surface area of the
site, it shall be accomplished through a site plan process prior to
any clearing or grading of the site or the issuance of any building
permit, to assure compliance with all applicable requirements of this
chapter.
A.
In addition to the requirements of Article II, Chapter 250, Subdivision of Land, the site plan process shall consist of the plans and studies identified below. These required plans and studies may be coordinated or combined, as deemed appropriate by the Director of Planning and Community Development. The Director of Planning and Community Development may determine that some of the following information is unnecessary due to the scope and nature of the proposed development.
A.
An environmental site assessment shall be submitted in conjunction
with preliminary site plan or preliminary subdivision plan approval.
B.
The environmental site assessment shall be drawn to scale and clearly
delineate the following environmental features:
C.
Wetlands delineations shall be performed consistent with the procedures
specified in the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
D.
The environmental site assessment shall delineate the site-specific
geographic extent of the RPA.
E.
The environmental site assessment shall be drawn at the same scale
as the preliminary site plan or subdivision plat and shall be certified
as complete by a land surveyor or a certified landscape architect.
This requirement may be waived by the Director of Planning and Community
Development when the proposed use or development would result in less
than 5,000 square feet of disturbed area.
A.
A landscape plan shall be submitted in conjunction with site plan
approval or as part of subdivision plat approval. No clearing or grading
of any lot or parcel shall be permitted without an approved landscape
plan.
B.
Landscape plans shall be prepared and/or certified by design professionals
practicing within their areas of competence as prescribed by the Code
of Virginia. The landscape plan shall be prepared and implemented
as follows:
(1)
The landscape plan shall be drawn to scale and clearly delineate
the location, size and description of existing and proposed plant
material. All existing trees on the site six inches or greater diameter
at breast height (DBH) shall be shown on the landscape plan. Where
there are groups of trees, stands may be outlined instead. The specific
number of trees six inches or greater DBH to be preserved outside
of the construction footprint shall be indicated on the plan. Trees
to be removed to create a desired construction footprint shall be
clearly delineated on the landscape plan.
(2)
Any required buffer area shall be clearly delineated, and any
plant material to be added to establish or supplement the buffer area,
as required by this chapter, shall be shown on the landscape plan.
(3)
Within the buffer area, trees to be pruned or removed as necessary
for sight lines and vistas, access paths and best management practices,
as provided for in this chapter, shall be shown on the plan. Vegetation
required by this chapter to replace any existing trees within the
buffer area shall also be shown on the landscape plan, and subject
to administrative approvals.
(4)
Trees to be removed for shoreline stabilization projects and
any replacement vegetation required by this chapter shall be shown
on the landscape plan.
(5)
The plan shall depict grade changes or other work adjacent to
trees which would affect them adversely. Specifications shall be provided
as to how grade, drainage and aeration would be maintained around
trees to be preserved.
(6)
The landscape plan will include specifications for the projection
of existing trees during clearing, grading and all phases of construction.
(7)
All plant materials necessary to supplement the buffer area
or vegetated areas outside the construction footprint shall be installed
according to standard planting practices and procedures.
(8)
All supplementary or replacement plant materials shall be living
and in a healthy condition. Plant materials shall conform to the standards
of the most recent edition of the American Standard for Nursery Stock,
published by the American Association of Nurserymen.
(9)
Where areas to be preserved, as designated on an approved landscape
plan, are encroached, replacement of existing trees and other vegetation
will be achieved at a ratio of three planted trees to one removed.
Replacement trees shall be a minimum of 3 1/2 inches in diameter
at breast height at the time of planting.
(10)
The applicant shall be responsible for the maintenance and replacement
of all vegetation as may be required by the provisions of this chapter.
(11)
In buffer areas and areas outside the construction footprint,
plant material shall be tended and maintained in a healthy growing
condition and free from refuse and debris. Unhealthy, dying or dead
plant materials shall be replaced during the next planting season,
as required by the provisions of this chapter.
A.
A stormwater management plan shall be submitted as part of the site
plan process required by this chapter and in conjunction with site
plan or subdivision plan approval.
B.
The stormwater management plan shall contain maps, charts, graphs,
tables, photographs, narrative descriptions, explanations and citations
to supporting references as appropriate to communicate the information
required by this chapter. At a minimum, the stormwater management
plan must contain the following:
(1)
The location and design of all planned stormwater control devices.
(2)
Procedures for implementing nonstructural stormwater control
practices and techniques.
(3)
Pre- and post-development nonpoint source pollutant loadings
with supporting documentation of all utilized coefficients and calculations.
(4)
For facilities, verification of structural soundness, including
a professional engineer or Class IIIB surveyor certification.
C.
Site-specific facilities shall be designed for the ultimate development
of the contributing watershed based on zoning, comprehensive plans,
local public facility master plans or other similar planning documents.
D.
All engineering calculations must be performed in accordance with
procedures outlined in the current edition of the Virginia Stormwater
Management Handbook.
E.
The plan shall establish a long-term schedule for inspection and
maintenance of stormwater management facilities that includes all
maintenance requirements and persons responsible for performing maintenance.
If the designated maintenance responsibility is with a party other
than the City of Colonial Heights, then a maintenance agreement shall
be executed between the responsible party and the City of Colonial
Heights.
A.
Final plans for property within CBPAs shall be final plats for land
to be subdivided or site plans for land not to be subdivided as required.
B.
Final plans for all lands within CBPAs shall include the following
additional information:
(1)
The delineation of the resource protection area boundary.
(2)
The delineation of required buffer areas.
(3)
All wetlands permits required by law.
(4)
A maintenance agreement as deemed necessary and appropriate
by the Director of Planning and Community Development to ensure proper
maintenance of best management practices in order to continue their
functions.
A.
Where buffer areas, landscaping, stormwater management facilities
or other specifications of an approved plan are required, no certificate
of occupancy shall be issued until the installation of required plant
materials or facilities is completed, in accordance with the approved
site plan.
B.
When the occupancy of a structure is desired prior to the completion
of the required landscaping, stormwater management facilities or other
specifications of an approved plan, a certificate of occupancy may
be issued only if the applicant provides to the City of Colonial Heights
a form of surety satisfactory to the Director of Planning and Community
Development in amount equal to the remaining plant materials, related
materials and installation costs of the required landscaping or facilities
and/or maintenance costs for any required stormwater management facilities
during the construction period.
C.
All required landscaping shall be installed and approved by the first
planting season following issuance of a certificate of occupancy or
the surety may be forfeited to the City of Colonial Heights.
D.
All required stormwater management facilities or other specifications
shall be installed and approved within 18 months of project commencement.
Should the applicant fail, after proper notice, to initiate, complete
or maintain appropriate actions required by the approved plan, the
surety may be forfeited to the City of Colonial Heights. The City
of Colonial Heights may collect from the applicant the amount by which
the reasonable cost or required actions exceed the amount of the surety
held.
E.
After all required actions of the approved site plan have been completed,
the applicant must submit a written request for a final inspection.
If the requirements of the approved plan have been completed to the
satisfaction of the Director of Planning and Community Development,
such unexpended or unobligated portion of the surety held shall be
refunded to the applicant or terminated within 60 days following the
receipt of the applicant's request for final inspection. The Director
of Planning and Community Development may require a certificate of
substantial completion from a professional engineer or Class IIIB
surveyor before making a final inspection.
A.
In the event that the final plan or any component of the site plan
process is disapproved and recommended conditions or modifications
are unacceptable to the applicant, the applicant may appeal such administrative
decision to the Planning Commission. In granting an appeal, the Planning
Commission must find such plan to be in accordance with all applicable
ordinances and include necessary elements to mitigate any detrimental
impact on water quality and upon adjacent property and the surrounding
area or find that such plan meets the purpose and intent of the performance
standards in this chapter. If the Planning Commission finds that the
applicant's plan does not meet the above-stated criteria, it shall
deny approval of the plan.
A.
Construction, installation, operation and maintenance of water, sewer,
natural gas, fiber-optic and telephone transmission lines, railroads,
and public roads and their appurtenant structures in accordance with
(i) regulations promulgated pursuant to the Erosion and Sediment Control
Law (§ 10.1-560 et seq. of the Code of Virginia) and the
Stormwater Management Act (§ 10.1-603.1 et seq. of the Code
of Virginia); (ii) an erosion and sediment control plan and a stormwater
management plan approved by the Virginia Department of Conservation
and Recreation; or (iii) local water quality protection criteria at
least as stringent as the above state requirements will be deemed
to constitute compliance with this chapter.
B.
Construction, installation and maintenance of water, sewer, natural
gas, and underground telecommunications and cable television lines
owned, permitted, or both, by the City or regional service authority
shall be exempt from the criteria in this part, provided that:
(1)
To the degree possible, the location of such utilities and facilities
should be outside RPAs;
(2)
No more land shall be disturbed than is necessary to provide
for the proposed utility installation;
(3)
All such construction, installation and maintenance of such
utilities and facilities shall be in compliance with all applicable
state and federal requirements and permits and designed and conducted
in a manner that protects water quality; and
(4)
Any land disturbance exceeding an area of 2,500 square feet
complies with all City of Colonial Heights erosion and sediment control
requirements.
C.
The following land disturbances in resource protection areas may
be exempted from the Overlay District: water wells; passive recreation
facilities, such as boardwalks, trails and pathways; and historic
preservation and archaeological activities, provided that it is demonstrated
to the satisfaction of the Director of Planning and Community Development
that:
(1)
Any required permits, except those to which this exemption specifically
applies, shall have been issued;
(2)
Sufficient and reasonable proof is submitted that the intended
use will not deteriorate water quality;
(3)
The intended use does not conflict with nearby planned or approved
uses; and
(4)
Any land disturbance exceeding an area of 2,500 square feet
shall comply with all City of Colonial Heights erosion and sediment
control requirements.
