Steve Smallwood, Chief Building
Official
715 Princess Anne Street, Room L6
P.O. Box 7447
Fredericksburg, VA 22404
Phone: (540) 372-1080
Fax: (540) 310-0636
Hours: M-F, 8:15 a.m.-4:30 p.m.
Fall Hill Estates
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Below, Existing Zoning. Please NOTE: The Friends of the Rappahannock is a non-profit organization that wants the four acres on the River and would probably put its strong political clout towards achieving a re-zoning of the property to a medium density residential (provided environmental considerations were addressed). Sec. 14-70. Annexation. [ 1984 ] Any territory annexed to the city shall be initially classified under the R-2 district and thereafter such amendments to the annexed area shall be classified according to the districts which most closely serve to implement the comprehensive plan for this area. (Code 1984, § 17.2-2.5.1; Ord. No. 86-28, 7-8-86)
Zoning: Subject is presently zoned R-1, residential.
DIVISION 6. R-1 RESIDENTIAL DISTRICT
The R-1 district is established to provide for single-family detached dwellings at a density not to exceed two (2) dwelling units per acre, to allow other selected uses which are compatible with the low density residential character of the district, and to implement the stated purposes and intent of this article. The application of this division shall be compatible with the residential development of currently vacant land into subdivisions of ten (10) acres or more. (Ord. No. 87-40, § I(17.2-5.3), 11-24-87)
Permitted uses in R-1 districts are as follows: (1) Single-family detached dwellings; (2) Accessory uses, including detached carports and garages, toolsheds, children's playhouses, doghouses, and swimming pools for single-family detached dwellings. (Ord. No. 87-40, § I(17.2-5.4), 11-24-87; Ord. No. 88-41, § 1, 11-22-88)
Uses permitted by special use permit in R-1 districts are as follows: (1) Cemeteries; (2) Churches, chapels, synagogues, temples, and other places of worship; (3) Cluster residential subdivisions; (4) Colleges and universities; (5) Libraries; (6) Museums and shrines; (7) Plant nurseries, excluding the sale of nursery products on the premises; (8) Child care centers; (9) Private schools and related uses; (10) Public schools, parks, playgrounds, athletic fields and related uses; (11) Public utility uses; (12) Swimming pools, private. (Ord. No. 87-40, § I(17.2-5.5), 11-24-87)
The maximum density, site size, open space, bulk, and all other regulations and requirements for R-1 districts shall be the same as those set forth for R-2 residential districts in division 7 of this article. (Ord. No. 87-40, § I(17.2-5.6), 11-24-87) Secs. 14-175--14-190. Reserved.
DIVISION 7. R-2 RESIDENTIAL DISTRICT
The R-2 district is created to provide for single-family detached dwellings in suburban scaled and situated subdivisions. The maximum density of two (2) dwelling units per acre establishes this district as one with a low density residential character. The application of this division shall be compatible with the residential development of currently vacant land areas, including those in areas that have been annexed to the city, into subdivisions of ten (10) acres or greater. (Code 1984, § 17.2-6.1)
Permitted uses in R-2 districts are as follows: (1) Single-family detached dwellings; (2) Accessory uses, including detached carports and garages, toolsheds, children's playhouses, doghouses, and swimming pools for single-family detached dwellings. (Code 1984, § 17.2-6.2; Ord. No. 88-41, § II, 11-22-88)
Uses permitted by special use permit in R-2 districts are as follows: (1) Cemeteries; (2) Churches; (3) Cluster residential subdivisions; (4) Colleges and universities; (5) Libraries; (6) Museums and shrines; (7) Plant nurseries, excluding the sale of nursery products on the premises; (8) Child care centers; (9) Private schools and related uses; (10) Public schools, parks, playgrounds, athletic fields and related uses; (11) Public utility uses; (12) Swimming pools, private; (13) Bed and breakfast lodgings. (Code 1984, § 17.2-6.3)
The maximum density permitted in R-2 districts is two (2) dwelling units per acre. (Code 1984, § 17.2-6.4)
Site size requirements for R-2 districts are as follows: (1) Minimum district size for cluster subdivisions, ten (10) acres; (2) Minimum site area: a. Conventional subdivision site, fifteen thousand (15,000) square feet; b. Cluster subdivision site, thirteen thousand (13,000) square feet; (3) Minimum site width: a. Conventional subdivision site: 1. Interior site, one hundred (100) feet; 2. Corner site, one hundred twenty-five (125) feet. b. Cluster subdivision site: 1. Interior site, eighty (80) feet; 2. Corner site, one hundred (100) feet. (Code 1984, § 17.2-6.5)
Bulk regulations for R-2 districts are as follows: (1) Maximum building height: a. Single-family dwellings, thirty-five (35) feet; b. All other structures, fifty (50) feet. (2) Minimum yard requirements: a. Conventional subdivision site: 1. Front yard, thirty-five (35) feet; 2. Side yard, twelve (12) feet, with a minimum total of thirty (30) feet; 3. Rear yard, thirty (30) feet. b. Cluster subdivision site: 1. Front yard, twenty-five (25) feet; 2. Side yard, ten (10) feet, with a minimum total of twenty-four (24) feet. 3. Rear yard, twenty-five (25) feet. (3) A maximum floor area ratio equal to 0.20 shall apply to uses other than residential. (Code 1984, § 17.2-6.6)
In subdivisions approved for cluster development in R-2 districts, fifteen (15) percent of the gross area shall be open space dedicated for common usage and ownership. (Code 1984, § 17.2-6.7) Secs. 14-198--14-215. Reserved. ______________________________________________________________________________________ _______________________________________________________ Subject is master planned "Medium Density Residential", per Comp Plan ____________________________
Source: http://library.municode.com/index.aspx?clientId=12340&stateId=46&stateName=Virginia Retrieved 17May 2011 Sec. 78-271. - Purpose and intent. The R-8 district is established to provide for a planned mixture of single-family detached and attached dwelling types at a density not to exceed eight dwelling units per acre. Compatible development in this district would be sensitive to land physiography, public infrastructure and facilities, transportation access requirements, and vulnerable environmental features in achieving optimal siting of dwellings, open space, recreational and community facilities, and transportation systems. (Code 1991, § 14-241) Sec. 78-272. - Permitted uses. Permitted uses in R-8 districts are as follows: (1) Single-family detached dwellings. (2) Single-family attached dwellings. (3) A mixture of dwelling types as set forth in this section. (4) Accessory uses, including detached carports and garages, tool sheds, children's playhouses and doghouses. (Code 1991, § 14-242) Sec. 78-273. - Uses permitted by special use permit. Uses permitted by special use permit in R-8 districts are as follows: (1) Cemeteries. (2) Churches. (3) Colleges and universities. (4) Libraries. (5) Museums and shrines. (6) Private schools and related uses. (7) Public schools, parks, playgrounds, athletic fields and related uses. (8) Public utility uses. (9) Swimming pools. (10) Bed and breakfast lodging in detached dwellings. (11) Commercial swimming pools and tennis courts. (12) Community buildings. (13) Conference centers and retreat houses operated by religious or nonprofit organizations. (14) Boardinghouses. (15) Branch governmental offices and substations. (16) Nursery schools. (17) Post offices. (18) Fire stations. (19) Golf courses. (20) Child care centers. (21) Hospitals. (22) Housing for the elderly. (23) Institutional housing. (24) Funeral chapels. (25) Private clubs. (26) Community association facilities. (27) Dormitories. (28) Fraternity and sorority houses. (29) Parking lots. (30) Cultural art centers and related facilities. (31) Conversions of existing single-family detached dwellings and nonresidential structures to two-family or multiple-family dwellings.
(Code 1991, § 14-243) Sec. 78-274. - Maximum density. The maximum density permitted in R-8 districts is eight dwelling units per acre. (Code 1991, § 14-244) Sec. 78-275. - Site size requirements. Site size requirements in R-8 districts are as follows: (1) Minimum district size: five acres, subject to the waiver provisions cited in this chapter. (2) Minimum site area: a. Single-family detached dwellings, 5,000 square feet. b. Single-family attached dwellings, 1,600 square feet. c. Nonresidential uses, 15,000 square feet. (3) Minimum site width: a. Single-family detached dwellings: 1. Interior site, 50 feet. 2. Corner site, 70 feet. b. Single-family attached dwellings, 18 feet. c. Nonresidential uses: 1. Interior site, 80 feet. 2. Corner site, 100 feet. (4) Where a site is to be subdivided into individual sites for the sale of single-family attached dwelling units: a. Site lines shall conform to party wall centerlines. b. A privacy yard, having a minimum area of 200 square feet, shall be provided on each site.
(Code 1991, § 14-245) Sec. 78-276. - Bulk regulations. Bulk regulations for R-8 districts are as follows: (1) Maximum building height: a. Single-family attached and detached dwellings, 40 feet. b. All other structures, 60 feet. (2) Minimum yard requirements: a. Single-family detached dwellings: 1. Front yard, 25 feet. 2. Side yard, eight feet. 3. Rear yard, 25 feet. b. Single-family attached dwellings: 1. Front yard, 12 feet. 2. Side yard, 15 feet. 3. Rear yard, 25 feet. c. All other structures: 1. Front yard, 25 feet. 2. Side yard, ten feet. 3. Rear yard, 25 feet. d. Lot of record on or before April 25, 1984, or lots in developed areas where yard geometry has already been established by existing residential dwellings: 1. Front yard: The average of the existing front yard setbacks of the residential dwellings shall be calculated using the average front yard setbacks of the existing residential dwellings located on similar size lots, along the block face and facing block face of the lot in question. 2. Side yard: The average of the existing side yard setbacks of the residential dwellings shall be calculated using the average side yard setbacks of the existing residential dwellings located on similar size lots, along the block face and facing block face of the lot in question. 3. Whenever the front or side yard setback standards set forth in this subsection are not applicable, the zoning administrator shall establish the appropriate setback by determining the average of the existing setbacks of all of the residential dwellings in the two predominantly residential blocks that are closest to the lot in question. (3) A maximum floor area ratio equal to 0.35 shall apply to uses other than residential.
(Code 1991, § 14-246; Ord. No. 10-05, § II, 3-23-2010) In R-8 districts, 25 percent of the gross area shall be open space. (Code 1991, § 14-247) Sec. 78-278. - Additional regulations. Additional regulations for R-8 districts are as follows: (1) No more than eight single-family attached (townhouse) units shall be included in any one physically contiguous grouping. (2) Where adjacent property is zoned other than R-8, all buildings shall be set back at least 40 feet from the common property line. (3) Single-family attached (townhouse) dwelling groups shall be separated from one another by a minimum of 20 feet between front and rear site lines and end unit side yard site lines. (4) Where a group of single-family attached dwelling units are adjacent to a private drive, parking area, or walkway intended for the common use of the development's occupants, there shall be a minimum building setback of 15 feet from that drive, area, or walk. (5) Common areas: a. Open space, recreational facilities, private streets, walkways, parking areas, and other common areas shall be maintained by and be the sole responsibility of the developer or owner of the development until such time as the developer or owner conveys such common area to a nonprofit homeowners' entity consisting of at least all of the individual owners of the dwelling units in the development. b. The common areas shall be conveyed to and be held by the nonprofit entity solely for recreation, open space, private access easements, circulation, and parking purposes. c. The conveyance from the developer or owner to the nonprofit entity shall include restrictions and covenants requiring that the failure to pay any tax assessments, charges and costs of maintenance of such common areas shall constitute a pro rata lien upon the individual dwelling sites of those owners who fail to pay, and that such lien shall be inferior only to taxes and recorded trusts. Further, the covenants shall specify the means by which the nonprofit entity shall govern and manage itself and maintain building exteriors, landscaping, lighting, recreation areas, walkways, parking areas, and travelways. d. All necessary deed restrictions, covenants, nonprofit homeowners' entity incorporation documents, and information related to such conveyance shall be prepared by the developer or owner and presented at the time of plat and plans submission for approval by the city attorney. (6) The city council, upon the recommendation of the planning commission or its agent, may approve a special exception waiving the minimum district size requirement only if: a. Such site neither adjoins nor previously adjoined any other land owned by any person applying for such special exception; b. Such site has not been reduced to a width or area below the minimum requirements set forth in this division; and c. The owner demonstrates that: 1. Consolidation with contiguous sites represents an undue economic hardship or physical impossibility; and 2. The proposed development will not have a deleterious effect on contiguous properties.
(Code 1991, § 14-248)
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