Details for HENRICO CO PLANNING COMMISSIO

Updated

PLANNING OFFICE 4301 E PARHAM ROAD, HENRICO, VA 23273

THE HENRICO COUNTY BOARD OF SUPERVISORS WILL HOLD A PUBLIC HEARING IN THE BOARD ROOM OF THE COUNTY ADMINISTRATION BUILDING IN THE GOVERNMENT CENTER AT PARHAM AND HUNGARY SPRING ROADS, BEGINNING AT 7:00 PM, DECEMBER 13, 2022, TO CONSIDER THE FOLLOWING: ORDINANCE — To Amend the New Subdivision Ordinance, Chapter 19 of the Code of the County of Henrico, to Clarify, Correct, and Update Its Provisions, and to Implement Actions of the 2022 General Assembly. ORDINANCE — To Amend the New Zoning Ordinance, Chapter 24 of the Code of the County of Henrico, to Clarify, Correct, and Update Its Provisions, and to Implement Actions of the 2022 General Assembly. This notice covers the main points of the proposed text amendments to the subdivision and zoning ordinances. For more information, contact the Planning Department at (804) 501-4602 or planning@henrico.us. The full text is available at https://henrico.us/planning and at the County Administration Building, 4301 E Parham Rd, 8:00 am - 4:30 pm each business day. At the conclusion of the hearing, the Board may adopt the proposed ordinances, with or without amendments, or continue the matter for further deliberation. PROPOSED TEXT AMENDMENTS TO SUBDIVISION ORDINANCE The following section numbers refer to Chapter 19: Sec. 1105, certain boundary line adjustments and court-ordered partitions supersede ordinance; Sec. 2204, County Engineer may grant exceptions when designated, subject to same standards as Planning Director; Sec. 2303, County will install culvert pipe for private walkways or driveways without labor charges when applicant supplies approved pipe; Sec. 2304, minor subdivision process applies to divisions pursuant to certain approved site plans but not to family subdivisions requiring construction plans; Sec. 3202, public street frontage is not required in the R-5A District; Sec. 3402, changes when townhouse or multifamily developments require a minimum of 2 vehicular access points from “80 units” to “82 units”; Sec. 3405, in family subdivision, allows surface of private drive to be constructed of compacted #21-A stone or equivalent instead of asphalt; Sec. 3501, reduces minimum drainage easement width from 20 feet to 16 feet; Sec. 3502, removes requirement that plat show easement for natural watercourses; Sec. 3503, requires easements for sewer access to lots likely to have access to county sewer main; Sec. 3601, deletes requirement for drainage and utilities easement within floodplain; Sec. 3602, deletes requirement that jurisdictional wetlands be in common area; Sec. 4107, deletes requirement to set street name signs in concrete footers; Sec. 4110, requires new development adjacent to a graveyard to provide access to the graveyard by public right-of-way or private accessway; Sec. 4303, provides that streets must be constructed with stormwater drainage system meeting county standards and approved by County Engineer before acceptance into county road system; Sec. 5302, corrects measurement of lot size to square feet; Sec. 5303, clarifies that a conservation area in a cluster subdivision may not satisfy stormwater management-related requirements; Sec. 7301, distinguishes alleys from streets by specifying streets have a right-of-way 30 feet or wider, conforms the definition of “minor subdivision” to Sec. 2304, and excludes “minor subdivision” from definition of “subdivision.” The ordinance also makes non-substantive, technical amendments, including consolidating sections and correcting or adding section titles, cross references, and references to state program name. PROPOSED TEXT AMENDMENTS TO ZONING ORDINANCE The following section numbers refer to Chapter 24: Sec. 1405, allows expansion of UMU districts by rezoning the land to be added to CMU or UMU-PD and incorporating prior approved UMU proffers and provisional use permit (“PUP”) conditions in lieu of master plan and terms and conditions; Sec. 1406, maintenance requirements of development approvals and conditions of PUPs or CUPs approved under the prior zoning ordinance remain in force until a new development application is approved; Sec. 2309, removes requirement to include certain elevation information related to Special Flood Hazard Areas in building permits; Sec. 2314, adds “principal use area” as alternative to “gross floor area” to determine when development requires plan of development, proposed development must connect to public water and sewer when available within 300 feet of site; Sec. 3105, setback requirements for R-5 and R-6 property adjacent to specified roadways apply to similarly situated RTH property, for residential lots created prior to January 1, 1960, setbacks required by Secs. 3204 through 3314 will be reduced (not increased) according to standards in this subsection, certain court-ordered partitions supersede lot area, width, and frontage requirements; Sec. 3204, A-1 District, reduces permitted dwelling height from 45 to 40 feet; Sec. 3313, R-5A District, for duplexes, additional minimum yard requirements apply to street side yards adjacent to specified roadways, for attached single-family dwellings, the yard adjacent to the zero lot line may not be a rear yard; Secs. 3314, 3315, and 3316, R-5, R-6, and RTH Districts, townhouse street side yard minimum may apply within development, multifamily development street side yard minimum applies only on the periphery and additional minimum yard requirements may apply if a front yard, street side yard, or rear yard is adjacent to certain roadways; Sec. 3403, minimum acreage of CMU District is 4 acres in IR-O District; Secs. 3404, 3405, 3406, 3407, 3408, and 3409, O-1, O-2, O-3, O/S, B-1, and B-2 Districts, requires minimum front yard from public rights-of-way instead of front lot lines; Secs. 3408 and 3409, B-1 and B-2 Districts, allows minimum rear yard to be met in an interior side yard unless adjoining property is in Residential district, Secs. 3408, B-1 District, a PUP is required for office buildings containing more than 15,000 sf of floor area; Sec. 3410, 3411, 3412, and 3413, B-3, M-1, M-2, and M-3 Districts, requires minimum front yard from public rights-of-way instead of front lot lines, and allows minimum rear yard to be met in interior side yard unless adjoining property is in Residential district; Sec. 3507, minimum acreage of UMU-PD District is 4 acres in IR-O District; Sec. 3706, WBS-O District, deletes requirement that street trees be planted between sidewalk and pavement edge; Sec. 3707, IR-O District, adds subsection E, height of new buildings limited to 45 feet within 150 feet of certain existing dwellings and 80 feet when between 150 and 300 feet from such dwellings; Sec. 3710, GA-O District, reduces max shrubbery height from 3-1/2 feet to 2-1/2 feet in public right-of-way, sight distance triangle, or sight distance easement, Sec. 3814, for FBA-O District, changes Fig. 3814 to show measurement to light source instead of top of fixture; Sec. 3835, in FBA-O District, requires restaurants to provide 6 parking spaces per 1,000 sf of gross floor area, including outdoor dining area; Sec. 4205, principal use table, prohibits agricultural processing use types in M-1, M-2, and M-3 Districts, prohibits production nursery use in FBA-O District, prohibits live/work dwellings in R-6, allows live/work and upper-story dwellings by PUP in B-1, B-2, and B-3 rather than by right, prohibits upper-story dwellings in R-5 and R-6, allows assisted living facilities and hospice facilities in R-6 by right, allows public parks by right in O-1, O-2, and O-3, allows major utilities by right in M-2, allows kennels, animal shelters, and veterinary hospitals or clinics only by conditional use permit (“CUP”) in A-1, allows microbreweries in M-1, M-2, and M-3 by right, adds “storage” to use type category from “commercial vehicle sales and rentals,” allows heavy manufacturing by PUP in M-1, by right in M-2; Sec. 4303, conforms to change in Sec. 4205 prohibiting agricultural processing use types in M-1, M-2, and M-3 Districts; Sec. 4305 requires silvicultural uses to comply with C-1 and A-1 setbacks; Sec. 4306, requires multifamily development to provide centralized trash and recyclable collection, requires new townhouse and multifamily development to provide additional RV parking equal to at least five percent of the minimum number of required parking spaces; provides that each R-5A lot for dwellings must abut a public right-of-way or an access easement for at least 25 feet and each townhouse end unit on the street side of a corner lot must have a total building setback of 20 feet; Sec. 4307, clarifies hours for outdoor activity at community centers; Sec. 4308.A clarifies location of outdoor play area for a childcare center and that fences must be opaque; Sec. 4311.C requires hospitals to abut a public street for at least 300 feet; Sec. 4314.A requires certain solar arrays to be subject to siting agreement, electrical power generation facility may not be located within 250 feet of any lot line, electric substation, as a principal use, may not be located within 100 feet of any lot line in a Residential District or within 20 feet of any lot line in any other district, energy storage projects are subject to siting agreements and NFPA standards, 20-foot setback applicable to County-owned utilities, for freestanding wireless communications towers, deletes 60-foot height restriction, increases height limitation on towers in a Residential district or within 200 feet of a dwelling to 50 feet, and deletes 110% fall zone; Sec. 4315, excepts financial institutions and artist studios from restrictions on commercial uses in Office districts and excepts hotels and motels from restrictions on hours of operation in the B-1 and B-2 Districts; Sec. 4317, adds standards from Sec. 4323.E applicable to areas where services are provided to animals and requires the location where services are provided to be within a completely enclosed, soundproofed building maintained and operated so as not to produce noise, odors, or vermin outside; Sec. 4319, in B-1 District, requires PUP for office buildings containing more than 15,000 sf of floor area; Sec. 4322, requires marina abut a navigable stream for at least 300 feet; Sec. 4323, all repair and storage at a repair establishment must be conducted within enclosed building; Sec. 4324, requires commercial vehicle repair to be located at least 100 feet from any elementary or secondary school, public playground, hospital, religious institutional, public library, or childcare center, requires the entrance to be located at least 200 feet from the entrance to such facilities on the same side of the street within the same block, clarifies standards for inoperable vehicles storage in the B-1, B-2, B-3, and M-1 Districts, “vehicle rentals” includes trailers and adds cross-references to Sec. 5311, screening, and Sec. 5312, parking lot landscaping, which provide standards for screening or landscaping rental vehicle service, maintenance, and parking areas, new requirements for commercial vehicle sales, rental, and storage uses, for towing or wrecker service, changes standards for screening impound yards and vehicle storage areas from right-of-way and adjoining lands, and requires buffer in certain circumstances, requires fleet parking area to be landscaped in accordance with standards or screened from view, and additional requirements for screening or buffering apply if adjacent to certain zoning districts; Sec. 4325, provides that, in the O-3 and O/S Districts, a hotel is allowed only within an office development of 50 acres or more and may not be located within 300 feet of a Residential district; Sec. 4326, requires Industrial uses in the O-2, O-3, B-1, B-2, and B-3 Districts to be conducted indoors and prohibits certain impacts; Sec. 4327, clarifies application of 600-foot setback for extractive industrial uses; Sec. 4328, requires contractor fleet or service vehicle parking areas to be either landscaped or screened from view, additional requirements apply if adjacent to certain zoning districts; Sec. 4330, outdoor storage of boats and RVs at miniwarehouse is permitted only in designated areas and prohibition of truck or trailer rentals is deleted, outdoor storage as principal use requires screening from public right-of-way and adjoining property in accordance with Sec. 5311, and prohibits stacking above screening fence or wall, deletes “warehouse” from 500foot setback requirement and requires screening in accordance with Sec. 5311, bulk storage of flammable liquids as a principal use is allowed only in Industrial Districts subject to setbacks and use standards; Sec. 4331, salvage and junkyard must be screened from adjoining property in accordance with Sec. 5311, changes setback requirements for solid waste transfer station Sec. 4402, adds guesthouse as by-right accessory structure in A-1, One-Family, R-5A Districts, certain FBA-O Development Areas, and PD Districts in certain circumstances, adds food preparation as allowed accessory use to an Eating Establishments use subject to PUP in R-6, O-1, O-2, O-3, O/S, B-1, and B-2 Districts, as a by-right accessory use in CMU, B-3, M-1, M-2, and M-3 Districts, FBA-O Development Areas, and PD Districts in certain circumstances, and allows bulk storage of flammable liquids subject to PUP in A-1, R-5, R-6, O-2, O-3, and O/S ; Sec. 4404, expanding the principal dwelling toward the rear of lot is permitted even if expansion causes an existing accessory structure to become located in side yard, provides standards for swimming pools, accessory structures must be located at least ten feet from principal dwelling, including attached accessory structures other than decks, hot tubs or similar fixtures may be located on a deck attached to a dwelling, decking of a swimming pool may be contiguous with a deck attached to a dwelling, prohibits storage of noncommercial trailers, boats, and RVs on lots in the RTH District, boats stored outside on a residential lot other than in RTH District must be on trailers, prohibits trailers in street side yard, prohibits self-propelled recreational vehicles in any public right-of-way; Sec. 4417, guesthouse (accessory to a singlefamily dwelling), provides that a guesthouse may be occupied only by nonpaying guests who maintain a primary residence elsewhere, may not include cooking facilities, and may not be used as an accessory dwelling unit or offered for short-term rental without CUP; Sec. 4422, outdoor food preparation as accessory use must not detrimentally impact nearby uses or property; Sec. 4423, requires screening for accessory outdoor storage in accordance with Sec. 5311 and prohibits outdoor storage of junk on lots where the principal use is a dwelling; Sec. 4427 clarifies what constitutes recycling and refuse containers and bins, and sets standards for gate and door closures and construction for accessory recycling and refuse collection area; Sec. 4434, truck rental accessory to retail sales, mini-warehouse, or self-service storage, adds “trailers” to list of rentals subject to the regulations; Sec. 4502, temporary uses or structures not identified in Tbl. 4502, treated as the most similar listed temporary use or structure, or by CUP, renames “Seasonal decorations sales” as “Seasonal or temporary sales” and allows this use by temporary use permit in B-1, B-2, B-3, and M-1 instead of by right in B-1, B-2, and B-3; Secs. 4502 and 4509, changes “food truck” to “mobile food unit” and equipment related to mobile food unit may not remain overnight on premises where sales occur; Sec. 4511, allows temporary portable storage containers to be located in driveways; Sec. 4514, renamed “Temporary or Seasonal Sales and Commercial Display,” deletes restriction on sales for more than 45 consecutive days and permits tents to exceed 400 square feet; Sec. 4518, allows temporary use permit for modular offices without approval of plans for permanent expansion; Sec. 5103, requires new development adjacent to a graveyard to provide access to the graveyard by public right-of-way or private accessway; Sec. 5104, requires townhouse development parking lots to be set back at least 15 feet from existing or proposed public right-of-way, prohibits individual townhouse dwellings fronting on public streets from having front-loaded garages served by individual driveways, and prohibits individual townhouse dwellings fronting on private access from locating parking in front yard except in certain circumstances, adds CMU District to districts where, for residential uses, space in a private garage may count toward off-street parking requirements, and provides that, for single-family detached dwellings, the width of the driveway must not exceed 50 percent of the lot width or 45 feet, whichever is less; Sec. 5105, requires private roads, drives, and parking areas for multifamily, townhouse, and R-5A developments to meet department of public works (“DPW”) standards and specifications, requires inspection and certification by a licensed professional engineer, and requires a defect bond; Sec. 5109, restricts angled parking to 60-degree only, increases required aisle width for 60-degree angled parking from 15 to 18 feet and for 90-degree parking from 22 to 24 feet, and increases required aisle width for twoway traffic from 22 to 24 feet, and provides that parallel parking spaces may not be reduced to compact parking spaces; Sec. 5110, minimum parking for community centers is based on square footage of activity area, requires automobile sales uses to provide 10 spaces for vehicle display in addition to parking spaces for office, requires fleet terminals and contractor services to provide the minimum off-street parking shown in the table in addition to spaces required for fleet or service vehicles, and requires self-service storage facilities to provide a minimum of 4.0 per 1,000 square feet of office area plus 1 space for each 50 rental units; Sec. 5111, adds hotels to uses that may not use multiple use parking standard; Sec. 5117, onstreet parking requires pedestrian access by protected walkway; Sec. 5124, reduces loading berth width from 12 to 10 feet; Sec. 5202, open space standards apply to single-family or duplex developments over 50 lots or part of a POD, a site plan, or mixed-use development; Sec. 5203, open space plan can allocate open space to individual projects within a unified development; Sec. 5204, rooftop plazas may count towards required open space; Sec. 5302, landscaping and tree protection standards, do not apply to removal or pruning of trees within certain areas; Sec. 5305, support stakes and wires for landscaping must be removed six months after installation; Sec. 5310, transitional buffer standards, deletes square footage threshold for public, civic, and institutional uses not elsewhere listed, creates categories for Commercial and Industrial uses, 15,000 square feet or less, and Commercial and Industrial uses, greater than 15,000 square feet, so that buffer type requirements depend on square footage of such uses and the district in which they are located, renames alternative screening category “Opaque fence of approved design and materials,” and adds drainage and utility easements to development that may intersect transitional buffers; Sec. 5311, screening, excepts lots where the principal use is residential, cross-references Sec. 4306 for screening requirements for multifamily and townhouse dwellings and Sec. 4428 for screening requirements for accessory recycling and refuse collection areas, outdoor storage areas, towing or wrecker service storage lots, and inoperable vehicles must be screened by buildings, walls, or fences, ground-mounted and rooftop utility and mechanical equipment must be screened by buildings, walls, or fences except in certain circumstances, and wall-mounted utility and mechanical equipment, loading docks and service areas, and vehicle storage lots or nonpublic parking areas may be screened by walls or fences or as approved on an Alternative Landscaping Plan; Sec. 5312, parking lots not meeting the requirements of the section must meet setbacks for principal uses for the applicable zoning district and must satisfy screening requirements in Sec. 5311, reduces the minimum height of screening walls between parking lots and right-of-way from 4 to 3 feet, and changes interior landscaping requirement for parking lots, other than vehicle storage or nonpublic parking areas; Sec. 5313, adds to definition of “protected tree” healthy trees with a diameter at breast height of six inches or greater abutting certain areas and healthy trees planted or preserved to meet certain requirements or a proffered condition, and clarifies that only healthy trees with diameter at breast height of six inches or greater abutting an existing public street are protected trees; Sec. 5313, requires each replacement tree to meet the requirements of Sec. 24-5304.A, allows one-for-one replacement, or replacement on a square footage basis, when protected trees are removed pursuant to an approved tree protection plan or tree removal permit, and provides for replacement on a square footage basis at two times the rate applicable when approval of a plan or permit is obtained if protected trees are removed without an approved plan or permit; Sec. 5403, fences and walls may not obstruct easements or vision in sight lines; Sec. 5405, requires that chain-link fences be vinyl-clad and screened with landscaping except on singlefamily and two-family dwelling lots and prohibits chain-link fences with slats; Sec. 5502, requires lighting or CPTED plan for new use of property if the new use requires lighting or a CPTED plan and exempts lighting on individual townhouse lots where light is contained on the property; Sec. 5503, requires average illuminance (foot candles) between 0.5 and 2 for pedestrian pathways in certain residential developments, between 1 and 3 for pedestrian pathways in multifamily and nonresidential developments, surface parking lots for other than 24-hour nonresidential uses, and between 3 and 6 for surface parking lots for 24-hour nonresidential uses, parking decks or garages, exterior service windows or ATMs, and exterior stairs or elevators, and provides when standards apply to associated cluster mailboxes, bicycle parking, service areas, loading bays, and recycling and refuse collection areas, deletes requirement for motion sensors for security lighting, clarifies light fixture height is measured to the light source, and deletes requirements relating to energy efficiency; Sec. 5506 renames section “Alternative Lighting Plan” replaces “security plan” with “alternative lighting plan” throughout, and expands alternative lighting plans to allow lower light levels than otherwise required when appropriate; Sec. 5605, buildings subject to neighborhood compatibility standards must orient porches and balconies away from the rear yards of single-family residential lots and changes “Building facades facing single-family residential lots” to “Front building facades facing single-family residential lots across a public right-of-way” to clarify that only the latter must comply with standards; Sec. 5703, limits attention-getting devices to 20 feet in any dimension and 30 feet above the ground; Secs. 5802, 5803, 5805, and 5806, minor changes and clarifications for consistency with state Chesapeake Bay Preservation Area regulations; Sec. 6201, nonconforming use may not be expanded, enlarged, or changed to a more intense use, while a structure housing a nonconforming use may not be moved, enlarged, extended, reconstructed, substituted, or otherwise structurally altered except as provided; New Sec. 6301, titled “Nonconforming Structure May Be Continued,” provides a nonconforming structure may be continued but not moved, enlarged, extended, reconstructed, or otherwise structurally altered except as provided; New Sec. 6307, impact of government acquisition, provides that when a government entity acquires part of a lot for public purposes and causes a structure on the lot to become nonconforming as to setbacks by 10 percent or less of the applicable standard, the structure will be a lawful nonconforming structure; Sec. 6401, allows an existing dwelling conforming as to use but located on a nonconforming lot to be replaced with a new dwelling provided new dwelling complies with setbacks; Sec. 6402, clarifies applicability of regulations for boundary adjustments and consolidation of multiple lots to new development on nonconforming lots, allows nonconforming lot in any Residential zoning district to be developed for a single-family dwelling if it meets specified conditions, limits allowance for diminution of lot area and width due to governmental acquisition to 10%; Sec. 8106, delegation of authority, specifies that the County Engineer and Chief of Police may delegate authority granted to them; Sec. 8302, lot area of approved residential stem lot does not include the area of the access strip, redefines lot width and specifies requirements for residential cul-de-sac lots in OneFamily Residence Districts and residential stem lots; Sec. 8305, defines “street side lot line” as “any public street right-of-way line other than the front lot line or rear lot line,” and clarifies that a triangular lot may have no rear lot line; Sec. 8306, allows plan of development or site plan to designate no front lot line; Sec. 8309, provides that sign height is measured from the highest point of the sign to the higher of the street grade or the average lot grade at the front setback line and that the height of exterior lighting is measured from the finished grade to the light source; Sec. 8310, height exceptions, clarifies that roof-mounted mechanical equipment may extend up to 10 percent above the height limit applicable to the building under certain circumstances; New Sec. 8311, describes area included in measurement of “sign area” and provides for calculation of sign area; Sec. 8404, adds “energy storage facility” to major utilities; Sec. 8405, changes the definition of “drive-through restaurant” to include only restaurants with drive-through or walk-up windows or drive-in facilities, automobile sales and commercial vehicles sales include the storage of vehicles to be offered for sale but not inoperable vehicles, towing or wrecker service may include businesses licensed by DMV as “salvage pool” or “vehicle removal operator” but not junk, salvage, or wrecking yards; Sec. 8406, extractive industry includes reclamation and filling, salvage and junkyard includes auto recyclers, demolishers, scrap metal processors, and storage of nonrepairable vehicles for longer than 30 days; Sec. 8407, unlisted temporary uses or structures will be interpreted similar to unlisted accessory uses or structures; add a section number, Sec. 8501, titled “Accessory Uses, Temporary Uses, and Other Terms,” an “alley” may provide non-vehicular access and may provide access to the side or rear of a building or property, not just the rear of a building, “corner lot” means a lot bordering on the intersection of two streets, a “cul-de-sac lot” fronts for at least 35 feet but less than 50 feet along a public cul-de-sac and has radial side lot lines extending from the center of the rightof-way of the cul-de-sac to the actual front building line, “outdoor seating (as accessory to an Eating Establishments use)” includes outdoor food preparation, “portable storage” means a container that is designed for the storage of commercial, industrial, or residential household goods and that does not include a foundation or wheels and clarify that all shipping containers are an example of portable storage, add definitions of “sign,” “attached sign,” “detached sign,” “monument sign,” “outdoor advertising sign,” “temporary sign,” and “window sign,” change definition of “street” to exclude right-of-way less than 30 feet in width, change definition of “protected tree” to match changes in Sec. 24-5313, change definitions of “rear yard” and “street side yard” to clarify that street side yard extends across rear yard. The ordinance also makes non-substantive, technical amendments, including consolidating sections, deleting unnecessary verbiage, removing terms that are no longer used in the zoning ordinance, and correcting or adding section titles, cross references, illustrations, and references to state program name.