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20171218Dec18
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20171218Dec18
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AN ORDINANCE APPROVING AMENDMENTS TO CHAPTER 34 (ZONING) OF THE CODE OF THE CITY OF CHA RLOTTESVILLE (1990), AS AMENDED, TO CLARIFY THE STREETWALL REGULATIONS WITHIN THE DOWNTOWN MIXED USE CORRIDOR DIS TRICT; TO MODIFY THE REQUIREMENTS APPLICABLE TO EXPANSION OF CERTAIN NONCONFORMING STRUCTURES WHICH ARE INDIVIDUALLY PROTECTED PROPERTIES OR CONTRIBUTING STRUCTURES WITHIN AN HISTORIC DISTRICT; AND TO DELETE PROVISIONS ALLOWING THE DETERMINATION OF BUILDIN G HEIGHT BY AVERAGING HEIGHT OF BUILDING WALLS WHEREAS , by motion , the Planning Commission initiated certain amendments to the text of the City’s Zoning Ordinance governing the measurement of building height, the streetwall regulations for the Downtown M ixed Use Corridor district, and the regulations governing expansion of nonconforming structures (“Proposed Zoning Text Amendment s ”); and WHEREAS , a joint public hearing on the Proposed Zoning Text Amendment s was held before the Planning Commis sion and Ci ty Council November 14, 2017 , after notice to the public and to adjacent property owners as required by law , and following conclusion of the public hearing the Planning Commission voted to recommend approval of the Proposed Zoning Text Amendment s to City C ouncil as being required by the public necessity, convenience, general welfare and good zoning practice; and WHEREAS , after consideration of the Planning Commission’s recommendation and other factors and considerations, this Council is of the opinion tha t that the Proposed Zoning Text Amendment s give reasonable consideration to the purposes listed in Sec. 15.2 -2283 of the Code of Virginia (1950), as amended, and this Council hereby finds and determines that: (i) the public necessity, convenience, general welfare and good zoning practice require the Proposed Zoning Text Amendment s , and (ii) the Proposed Zoning Text Amendment s are consistent with the Comprehensive Plan; now, therefore, BE IT ORDAINED by the Council of the City of Charlottesville, Virginia that Chapter 34 (Zoning) of the Code of the City of Charlottesville (1990), as amended, is hereby amended and reenacted as follows: 1. The streetwall regulations set forth within Chapter 34 (Zoning), Article VI (Mixed Use Districts), Division 2 (Regulation s —Downtown Corridor (“D”)), Section 34 -558(a) are amended to read as follows : Sec. 34 -558. Streetwall regulations. (a) Stepback requirement. The minimum height of the streetwall of any building or structure shall be forty (40) feet and the maximum height o f the streetwall shall be forty -five (45) feet, containing exactly three (3) interior floors. After forty -five (45) feet, there shall be a minimum stepback of twenty -five (25) feet along the length of the streetwall. However, any streetwall fronting upon a numbered street within this district between Ridge Street and 10 th Street, East shall, after forty -five (45) feet, be required to have a stepback of five (5) feet. These streetwall/ stepback requirements shall not apply to any building façade buildings or structures on along Water Street ; if a building has frontage along Water Street and any other street, then only its façade along Water Street is exempt from these requirements .
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