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Home My Public Portal About022-2023 - UDO changes1 2023 Unified Development Ordinance Update City of Richmond Department of Infrastructure & Development 2023 Unified Development Ordinance Update Index Planning and Zoning Richmond Advisory Plan Commission March 2023 Proposed 2023 UDO Updates 1. Article 2 (Entire): add “Solar Panels” as a permitted accessory use in every zoning district. (pp. 24, 26, 28, 30, 32, 34, 36, 38, 40, 42, 44, 46, 48, 50, 52, 54, 56, 58, 60, 62, 64, 66, 68) 2. Article 11: add “Solar Panels” definition, “The accessory use of photovoltaic panels designed to receive the direct rays of the sun and convert them into heat, electricity, or another form of energy to provide heating, cooling, or electrical power.” (p. 380) 3. Article 2.03: add “Event Barn” as a Special Exception Use in the Agricultural district. (p. 26) 4. Article 11: add “Event Barn” definition, “One (1) or more existing agricultural buildings that may be presently part of a functioning farm or may be remaining buildings following the termination of farming activities, that is used by individuals or groups, for a rental fee or other form of remuneration, to accommodate private functions including, but not limited to, meetings, banquets, weddings, gatherings associated with anniversaries, birthday parties, reunions, and other similar gatherings and celebrations. Such a use may include designated outdoor areas on the same lot as the agricultural buildings for Event Barn activities, kitchen facilities or the preparation or catering of food, and the serving of alcoholic beverages for on-premises consumption only during scheduled events, and shall not be open to the general public. Event Barns are required to comply with current building, fire, and health codes for commercial use.” (p.335) 5. Article 2.03, 2.39, 2.41, 2.43: add “Solar Park as a Special Exception Use in the Agricultural, Industrial Commercial, Low-to-Moderate Intensity Industrial, and High Intensity Industrial districts. (pp. 26, 62, 64, 66) 6. Article 11: add “Solar Park” definition, “A photovoltaic power station that utilizes an area of land for the collection of solar energy in order to convert it into electrical energy, primarily for off-site commercial consumption (also known as solar farms, solar power plants, and commercial solar energy systems).” (p. 380) 7. Article 2.23, 2.29, 2.31, 2.33, 2.41, 2.45: remove “Government Operations (non-office)” from Institutional, General Commercial, Outdoor Commercial, Central Business, Low-to-Moderate Intensity Industrial, and High Impact districts. (pp. 46, 52, 54, 56, 64, 68) 8. Article 11: edit “Utility Facility, above ground” to read as, “Permanently located and installed electrical generators, pipeline pumping stations, public wells, telephone exchanges, utility substations, and the like [add] but shall not include solar parks. See "Solar Park." (p. 384) 2 2023 Unified Development Ordinance Update 9. Article 2.03, 2.07: change “accessory dwelling units” from a Special Exception Use to Permitted Accessory Use in the Agricultural and Low-Density Single Family Residential districts. (p. 26, 30) 10. Article 2.09, 2.11, 2.13: add “accessory dwelling units” as a Special Exception Use in the Medium Density Single-family Residential, High-Density Single-family Residential, and Urban Residential districts. (p. 32, 34, 36) 11. Article 5.03 (applicable districts): change ADU Development Standards to read as, “AG, [add] R1, R2, R3, UR”. (p. 106) 12. Article 2.15: change “Dwelling, Multiple-family (4-6 units)” from a Special Exception Residential Use to a Permitted Residential Use in the Multiple-Family Residential district. (p. 38) 13. Article 2.15: add “Dwelling, Multiple-family (7-15 units)” as a Special Exception Residential Use in the Multiple-Family Residential district. (p. 38) 14. Article 2.17: change “Dwelling, Multiple-family (16+ units)” from a Special Exception Residential Use and adds (16-24 units) to a Permitted Residential Use in the Intense Multiple- Family Residential district. (p. 40) 15. Article 2.17: add “Dwelling, Multiple-family (24+ units)” as a Special Exception Residential Use in the Intense Multiple-Family Residential district. (p. 40) 16. Article 2.29, 2.31: add “Addiction Treatment Facility” as a Permitted Commercial Use in the General Commercial and Outdoor Commercial districts. (pp. 52, 54) 17. Article 11: add “Addiction Treatment Facility” definition, “An inpatient and outpatient facility for treatment and recovery for substance abuse and addiction.” (p. 345) 18. Article 11: edit “Office, Medical Services” to read as, “Emergency medical clinic, dental clinic, medical clinic, optical clinic, rehabilitation clinic, veterinarian clinic/hospital, and the like [add] but shall not include addiction treatment facilities. See "Addiction Treatment Facility." (p. 371) 19. Article 2.29: add “Dwelling, Multiple-family (7-15 units) (16-24 units)” as a Special Exception Residential Use in the General Commercial. (p. 52) 20. Article 2.23, 2.29, 2.31, 2.33, 2.37: remove “Government Office” from Permitted Institutional Use in the Institutional, General Commercial, Outdoor Commercial, Central Business, and Ed- Med-Tech-Park districts. (pp. 46, 52, 54, 56, 60) 21. Article 11: edit “Office, General Service” to read as, “Employment service, [add] government office, insurance office, law office, membership association, publishing corporate office, reading clinic, real estate office, secretarial service, service organization, temporary service agency, title company, trade office, travel agency, and the like.” (p. 371) 22. Article 2.27: add “Office, Medical Service” as a Permitted Commercial Use in the Limited Commercial district. (p. 50) 23. Article 2.07, 2.09, 2.11, 2.13, 2.25, 2.27: add “Non-owner Occupied Short-term Rental” as a Special Exception Commercial Use in the Low Density Single-family Residential, Medium Density Single-family Residential, High Density Single-family Residential, Urban Residential, Neighborhood Commercial, and Limited Commercial districts. (pp. 30, 32, 34, 36, 48, 50) 24. Article 2.33: add “Non-owner Occupied Short-term Rental” as a Permitted Commercial Use in the Central Business district. (p. 56) 25. Article 11: add “Short-term rental” (owner occupied & non-owner occupied) definition, “A single-family home, or dwelling unit within a single or two-family home, multi-family dwelling, condominium, cooperative, time share, or detached accessory structure, that offers lodging to one or more guests for terms of less than thirty (30) days at a time.” (p. 377) 26. Article 5.94: add “Temporary Use – Construction Facility” and have it read as, “A. Temporary Construction Facility: 3 2023 Unified Development Ordinance Update • 1. Duration: A temporary construction facility shall be approved by the Director of Public Works and Engineering and the acting Zoning Administrator for a period not to exceed 18 months. A one-time 18 month extension may be granted by the Director of Public Works and Engineering and the acting Zoning Administrator. • a. A temporary construction facility shall be completely removed and the temporary improvement location permit shall expire within thirty (30) days after the project has been deemed complete by either the Director of Public Works and Engineering or the Building Commissioner. • b. A temporary construction facility shall be completely removed and the temporary improvement location permit shall expire within thirty (30) days after the project has been issued a Certificate of Occupancy. • 2. Location: Temporary construction facilities shall be located off-street on private or public property with the permission of the property owner. • 3. Additional Requirements: Temporary construction facilities shall have adequate ingress and egress to and from the property, not create any public health and safety risks, not encroach into any vision clearance triangles, and shall contain all materials within the applicable setbacks of the property per Article 2: Two-page layout. • a. Additional screening may be required as deemed necessary by the Director of Public Works and Engineering and the acting Zoning Administrator.” (p. 206) 27. Article 5.93 (applicable districts): edit “Temporary Use Standards” to read as “ [add] PR, AG, R1, R2, R3, UR, UV, IS, NC, LC, OC, CB, HC, EP.” (p. 206) 28. Article 5.93 (1) a: add “a. Food trucks shall not operate more than four (4) days per month on a residentially zoned property” to “Temporary Use Standards”. (p. 206) 29. Article 5.69 (c) 8: edit “General Setback Standards” to read as, “Parking Lots: In commercial, institutional, and industrial zoning districts, parking lots may encroach into the front and rear yard setbacks [add] but shall not encroach into side yard setbacks for a primary structure by the following amounts: a. Front [add] and Rear Yards: Parking lots may project into a front [add] and rear yards (30) by twenty-five percent (25%) of the minimum front yard setback, unless a specific setback for parking lots is designated in the zoning district.” (p. 167) 30. Article 5.73 (G) 1: edit “General Sign Standards” to read as, “Right-of-way: Signs shall not be permitted in any right-of-way, [add] including bioswales and utility strips, unless authorized by the Board of Public Works and Safety, except as specified in Section 5.78: Parks, Neighborhood and Limited Commercial, and Central Business Sign Standards.” (p. 172) 31. Article 5.21 (F): add “F. Quantity: Only one (1) driveway shall be installed per property” to Residential Driveway Development Standards. (p. 121) 32. Article 5.22 (B): edit “ Non-residential Driveway Standards” to read as, “Width: A driveway shall be at least nine (9) feet wide, but shall not exceed ten (10) feet per lane and [add] forty-five (45) feet in overall width.” (p. 122) 33. Article 5.69 (c) 15: add “Cul-de-sac Lots: Irregularly shaped lots that front onto a cul-de-sac may encroach into the front yard setback up to 5' as deemed appropriate by the acting Zoning Administrator” to “General Setback Standards.” (p. 167) 34. Article 2.14: edit “UR District Development Standards” to read as, “5 feet for primary and accessory structures [add] or 0 feet for attached dwellings with a common wall on the property line.” (p. 37) 4 2023 Unified Development Ordinance Update 35. Article 5.24 (e): add “Exemption: Corner lots may utilize rear yard height standards in side yard as deemed appropriate by the acting Zoning Administrator” to “General Fence and Wall Standards”. (p. 124) 36. Article 2.16: change “M1 Maximum Density” from “6 units per acre” to “12 units per acre”. (p. 39) 37. Article 2.18: change “M2 Maximum Density” from “12 units per acre” to “24 units per acre”. (p. 41) 38. Article 5.59: change “I2, HI Outdoor Storage Standards from “not required” to “Outdoor storage areas shall be screened on all sides with a solid fence or wall that is six (6) feet tall, or eight (8) feet tall if what is stored is greater than six (6) feet in height.” (p. 154) 39. Article 5.33 (B) 3a: edit “Height Standards” to read as, “Grain elevators and grain silos used for agricultural [add] and industrial purposes may exceed the maximum structure height, but shall not exceed 100 feet in height.” (p. 130) 40. Article 5.15 (e): add “Additions: The exterior finish and facade of all additions shall match, closely resemble, or significantly complement the materials and colors used on the primary structure” to “R1, R2, R3, UR, NC Architectural Standards”. (p. 116) 41. Article 5.49 (A) 1: edit “Bufferyard Planting Standards” to read as, “Conflicting Districts: Bufferyards shall be installed along side and rear property lines where conflicting zoning districts meet, as indicated on Table LA-A. An "R" on Table LA-A indicates a bufferyard shall be required. [add] Bufferyards are not required in front yards when a conflicting zoning district exists across a right-of-way.” (p. 143) 42. Article 5.06 (B) 2: edit “R1, R2, R3, UR Accessory Structure Standards” to read as, “Timing: An accessory structure shall not be installed or constructed on a lot prior to completing construction of the primary structure (i.e. issuance of the certificate of occupancy), [add] except when the property is greater than 3 acres and located within the extra-territorial jurisdiction (a.k.a. two- mile fringe) of the City of Richmond.” (p. 110) 43. Article 9.08 (D) 7a (vi): add “The development plan is consistent with the City of Richmond's Climate Action Plan” to “Development Plan”. (p. 295) 44. Article 9.10 (e) 60: add “The City of Richmond's Climate Action Plan” to “Planned Development; District Ordinance & Establishment Plan”. (p. 298) 45. Article 9.11 (e) 6: add “The City of Richmond's Climate Action Plan” to “Planned Development; Development Plan”. (p. 303) 46. Article 9.13 (e) 7a (vi): add “The proposed special exception is consistent with the City of Richmond's Climate Action Plan” to “Special Exception”. (p. 309) 47. Article 9.14 (G) 6b (vi): add “The proposed subdivision of land is consistent with the City of Richmond's Climate Action Plan” to “Primary Plat”. (p. 314) 48. Article 9.14 (H) 7vi: add “The proposed subdivision of land is consistent with the City of Richmond's Climate Action Plan” to “Primary Plat; Plat Committee Review”. (p. 315) 49. Article 9.17 (E) 5f: add “The City of Richmond's Climate Action Plan” to “Text Amendment”. (p. 323) 50. Article 9.18 (E) 7b: (vi) add “The approval does not interfere substantially with the City of Richmond's Climate Action Plan” to “Variance”. (p. 326) 51. Article 9.19 (F) 5a (iv): edit “Waiver from Design Standards” to read as, “The Design Standard Waiver shall not in any manner subvert the provisions of Article 5: Development Standards, the comprehensive plan, thoroughfare plan, [add] or the City of Richmond's Climate Action Plan.” (p. 329) 5 2023 Unified Development Ordinance Update 52. Article 9.20 (e) 7a (vi): add “The City of Richmond's Climate Action Plan” to “Zoning Map Amendment (Rezoning)”. (p. 333) 53. Article 7.32 (B) 2: edit “Surety Standards” to read as, “Timing: The Performance Surety shall be offered and accepted prior to [add] construction commencing and final approval of the development by the Plan Commission (e.g. final plat for subdivision).” (p. 269) 54. Article 9.14 (K): edit “Primary Play” to read as, “K. Pre-Construction Meeting: The petitioner shall provide construction plans [add] and have satisfied Section 7.32: Surety Standards at least two (2) weeks prior to the pre-construction meeting. The petitioner shall meet with the Zoning Administrator, sanitary department, utility providers, and City Engineering representatives in a meeting to address construction coordination and anything not addressed by the Plan Commission.” (p. 316) 55. Article 9.10 (F): edit “Planned Development; District Ordinance & Establishment Plan” to read as, “Duration: If Step 2, a Planned Development Detailed Development Plan, has not been filed within [add] two (2) years of the date the Common Council approved the Planned Development District Ordinance and the Establishment Plan, the approval expires and a new Application for a Planned Development shall be submitted. [add] The Zoning Administrator may grant one (1) six- month extension.” (p. 299) 56. Article 2.08, 2.10, 2.12, 2.14: edit “R1, R2, R3, UR, and M1 Maximum Structure Height” to read as “20 feet for accessory structure [add] structure or 100% of height of primary structure, whichever is less”. (pp. 31, 33, 35, 37, 39) 57. Article 5.06 (C) 2: edit “R1, R2, R3, UR Accessory Structure Standards” to read as, “The cumulative square footage of all storage-based accessory structures shall not exceed seventy-five percent (75%) of the footprint of the primary structure [add] and no single structure shall exceed 25% of the footprint of the primary structure for property less than one-half (1/2) an acre; except for lots over one (1) acre which shall be regulated as follows:” (p. 110)