HomeMy Public PortalAbout022-2023 - PRESENTATIONCity of Richmond
Common Council
August 7, 2023
ORDINANCE 22-2023
A GENERAL ORDINANCE AMENDING CHAPTER
154: UNIFIED DEVELOPMENT ORDINANCE
Solar Panels/
Parks
2) Article 11 (definitions): Add a definition for
“Solar Panels” that reads:
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.
1) All of Article 2: add “Solar Panels” as a
permitted accessory use in every zoning
district.
6) Article 11 (definitions): Add a definition for
“Solar Park” that reads:
A photovoltaic power station that utilizes an
area of land for the collection of 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).
5) Articles 2.03, 2.39, 2.41, 2.43 : add “Solar Park” as a
Special Exception Use in the Agricultural (AG), Industrial
Commercial (IC), Low-to-Moderate Intensity Industrial (I1),
and High Intensity Industrial (I2) Zoning Districts.
7) Articles 2.23, 2.29, 2.31, 2.33, 2.41, 2.45: remove
“Government Operations (non-office)” from Institutional
(IS), General Commercial (GC), Outdoor Commercial (OC),
Central Business (CB), Low-to-Moderate Intensity
Industrial (I1), and High Impact (HI) Zoning Districts.
8) Article 11 (definitions): 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.”
Government
Office
21) Article 11 (definitions): Edit “Office, General Service” to read:
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.
20) Articles 2.23, 2.29, 2.31, 2.33, 2.37: remove
“Government Office” from Permitted Institutional Use in
the Institutional (IS), General Commercial (GC), Outdoor
Commercial (OC), Central Business (CB), and
Ed-Med-Tech-Park (EP) Zoning Districts.
Event Barns
4) Article 11 (definitions): Add “Event Barn”
definition that reads:
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.
3) Article 2.03: Add “Event Barn” as a Special Exception Use
in the Agricultural Zoning District.
Accessory Dwelling
Units (ADUs)
9) Articles 2.03, 2.07: change “accessory dwelling units”
from Special Exception Use to Permitted Accessory Use in
the Agricultural (AG) and Low-Density Single Family
Residential (R1) Zoning Districts.
10) Articles 2.09, 2.11, 2.13: Add “accessory dwelling units”
as a Special Exception Use in the Medium Density
Single-family Residential (R2), High-Density Single-family
Residential (R3), and Urban Residential (UR) Zoning
Districts.
11) Article 5.03 (ADU Development Standards): change
applicable districts to read:
AG,R1 [add] R2, R3, UR
Increased Residential
Density
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 (M1) Zoning District.
13) Article 2.15: Add “Dwelling, Multiple-family (7-15 units)”
as a Special Exception Residential Use in the Multiple-family
Residential (M1) Zoning District.
36) Article 2.16: Change “M1 Maximum Density” from “6
units per acre” to “12 units per acre.”
14) Article 2.17: Remove “Dwelling, Multiple-family (16+ units)”
from a Special Exception Residential Use and add “Dwelling,
Multiple-family (16-24 units)” to a Permitted Residential Use in the
Intense Multiple-family Residential (M2) Zoning District.
15) Article 2.17: Add “Dwelling, Multiple-family (24+ units)”
as a Special Exception Residential Use in the Intense
Multiple-family Residential (M2) Zoning District.
37) Article 2.18: Change “M2 Maximum Density” from “12
units per acre” to “24 units per acre.”
19) Article 2.29: Add “Dwelling, Multiple-family (7-15 units)”
and “(16-24 units)” as a Special Exception Residential Use in
the General Commercial (GC) Zoning District.
Addiction Treatment
Facilities
17) Article 11 (definitions): Add
“Addiction Treatment Facility” definition
that reads:
An inpatient and outpatient facility for
treatment and recovery for substance
abuse and addiction.
16) Articles 2.29, 2.31: Add “Addiction Treatment Facility”
as a Permitted Commercial Use in the General Commercial
(GC) and Outdoor Commercial (OC) Zoning Districts.
18) Article 11 (definitions): Edit “Office,
Medical Services” definition to read:
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.”
22) Article 2.27: Add “Office, Medical Service” as a
Permitted Commercial Use in the Limited Commercial (LC)
Zoning District.
Short-term Rentals
(e.g. Airbnbs)
25) Article 11 (definitions): Add “Short-term
rental (owner occupied & non-owner
occupied) definition that reads:
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.
23) Articles 2.07, 2.09, 2.11, 2.13, 2.25, 2.27: Add “non-owner Occupied
Short-term Rental” as a Commercial Special Exception Use in the Low Density
Single-family Residential (R1), Medium Density Single-family Residential (R2),
High Density Single-family Residential (R3), Urban Residential (UR), Neighborhood
Commercial (NC), and Limited Commercial (LC) Zoning Districts.
24) Article 2.33: Add “Non-owner Occupied Short-term
Rental” as a Permitted Commercial Use in the Central
Business (CB) Zoning District.
Food Truck
Standards
27) Article 5.93 (Food Truck Standards): Edit “Applicable Districts”
to read as, “[add] PR, AG, R1, R2, R3, UR, UV, IS, NC, LC, OC,CB,
HC, EP”
28) Article 5.93 (1) (Food Truck Standards; Duration): Add “a. Food
trucks shall not operate more than four (4) days per month on a
residentially zoned property.”
Driveways and
cul-de-sacs
31) Article 5.21
(F) (Residential
Driveway
Development
Standards;
Quantity): Add “F.
Quantity: Only
one (1) driveway
shall be installed
per property.”
32) Article 5.22
(B): Edit
“Non-residential
Driveway
Standards” to
read, “Width: A
driveway shall
be at least nine
(9) feet wide,
but shall not
exceed (10) feet
per lane and
[add] forty-five
(45) feet in
overall width.”
33) Article 5.69(C)15 (General Setback Standards): 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.”
Incorporating the City of
Richmond’s Climate
Action Plan
43) Article 9.08(D)7a – Development Plan Findings of Fact:
Add, “vi. The development plan is consistent with the City of
Richmond’s Climate Action Plan.”
44) Article 9.10(E)6 – Planned Development Establishment
Plan – Formal Procedure – Review: Add, “o. The City of
Richmond’s Climate Action Plan.”
45) Article 9.11(E)6 – Planned Development Detailed
Development Plan – Formal Procedure – Review: Add, “m.
The City of Richmond’s Climate Action Plan.”
46) Article 9.13(E)7a – Special Exception – Formal Procedure
– Findings of Fact: Add, “vi. The proposed special exception
is consistent with the City of Richmond’s Climate Action
Plan.”
47) Article 9.14(G)6b – Primary Plat – Plan Commission
Review – Findings of Fact: Add, “vi. The proposed subdivision
of land is consistent with the City of Richmond’s Climate
Action Plan.”
48) Article 9.14(H)7 – Primary Plat – Plat Committee Review –
Findings of Fact: Add, “vi. The proposed subdivision of land
is consistent with the City of Richmond’s Climate Action
Plan.”
49) Article 9.17(E)5 – UDO Text Amendment – Formal
Procedure – Review: Add, “f. The City of Richmond’s Climate
Action Plan.”
50) Article 9.18(E)7b – Variance of Use – Findings of Fact:
Add, “vi. The approval does not interfere substantially with
the City of Richmond’s Climate Action Plan.”
51) Article 9.19(F)5a – Waiver of Design Standard – Findings
of Fact: Edit, “iv. 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.”
52) Article 9.20(E)7a – Zoning Map Amendment (Rezoning) –
Plan Commission Review: Add, “vi. The City of Richmond’s
Climate Action Plan.”
Surety Standards
53) Article 7.32(B)2 – Surety Standards: Edit “Timing” to
read, “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).”
54) Article 9.14(K) – Primary Plat: Edit Pre-Construction
Meeting to read, “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.”
Residential Accessory
Structure Standards
42) Article 5.06(B)2: Edit R1, R2, R3, UR “Accessory
Structure Standards” to read, “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.”
56) Articles 2.08, 2.10, 2.12, 2.14: Edit R1, R2, R3, UR, and
M1 “Maximum Structure Height” to read, “20 feet for
accessory structure [add] or 100% of height of primary
structure, whichever is less .”
57) Article 5.06(C)2: Edit R1, R2, R3, and UR “Accessory
Structure Standards” to read, “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
properties less than one-half (1/2) an acre . . .”
Miscellaneous
26) Add 5.94: “Temporary Construction Facility Standards”
*
*Plan Commission Amendment changes this to “A one-time extension up to 18 months may be granted . . .”
29) Article 5.69(C)8 – Setback Standards – Exceptions: Edit
“Parking Lots” to read:
30) Article 5.73(G)1: Edit “General Sign Standards” –
“Prohibited Location” to read, “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 . . .”
34) Article 2.14: Edit “UR Minimum Side Yard Setback
Standards” to read, “5 feet for primary and accessory and
accessory structures [add] or 0 feet for attached dwellings
with a common wall on the property line.”
35) Article 5.24 – “General Fence and Wall Standards”: Add,
“Exemption: Corner lots may utilize rear yard height
standards in side yards as deemed appropriate by the acting
Zoning Administrator.”
38) Article 5.59 – “Heavy Industrial and High Impact Outdoor
Storage Standards: Edit “Screening” to remove “Not
required” and replace it with, “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.”
*
*Plan Commission Amendment changes this to: Outdoor storage areas shall be screened on all sides by a solid, opaque wall or fence of
not less than six (6) feet tall, or eight (8) feet tall if what is stored is greater than six (6) feet in height. A chain link fence or a
variation of a chain link fence combination shall not constitute an acceptable screening device.
39) Article 5.33(B)a - “Height Standards”: Edit “Exceptions”
to read, “a. Grain elevators and grain silos used for
agriculture [add] and industrial purposes may exceed the
maximum structure height, but shall not exceed 100 feet in
height.”
40) Article 5.15 – R1, R2, R3, UR, and NC “Architectural
Standards”: Add, “E. Additions: The exterior finish and
façade of all additions shall match, closely resemble, or
significantly complement the materials and colors used on
the primary structure.”
41) Article 5.49 – Landscaping Standards – Bufferyard Planting
Standards: Edit “Conflicting Districts” to read, “Bufferyards shall
be installed along side and rear property lines where conflicting
zoning districts meet, as indicated on Table LAA-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 .”
55) Article 9.10(F) – Planned Development – Formal
Procedure: Edit “F. Duration:” to read, “If Step 2, a Planned
Development Detailed Development Plan, has not been filed
within [remove “one (1) year” ; 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.
ORDINANCE 22-2023
A GENERAL ORDINANCE AMENDING CHAPTER
154: UNIFIED DEVELOPMENT ORDINANCE