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20171218Dec18
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20171218Dec18
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12/19/2017 3:44:09 PM
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shall not be required to meet any development standard that would require modification of the structure itself, and the city’s board of architectural review must approve a certificate of appropriateness for the proposed expansion. 4. The definitions set forth within Chapter 34 (Zoning), Article X (Definition s) are amended , to delete the entire definition of “building height”—including the related diagram/ illustration. Building height means the vertical distance measured from the level of the grade of the building footprint to the level of the highest point o f the structure's roof surface. This distance is calculated by measuring separately the average height of each building wall, then averaging them together. The height is measured to the level of a flat roof, to the deck line of a mansard roof, and to the a verage height level between the eaves and ridge for gable, hip, or gambrel roofs. 5. The amendments approved by this ordinance shall take effect upon the date of adoption of this ordinance by City Council (“Effective Date”). Notwithstanding the foregoing , if on or prior to November 14, 2017 : (i) a landowner submitted an application seeking approval of a final site plan, a special use permit, or a certificate of appropriateness, (ii) the application materials contained elevations depicting the measurement of the height of a specific building being calculated by measuring separately the average height of each building wall, then averaging them together, and (iii) a decision on the application was pending as of the Effective Date , then review of such applicat ion shall not be affected by the zoning text amendments effected by paragraphs (2) and (4), preceding above, and such application, if approved, shall be subject to the benefits conferred within Virginia Code § 15.2 -2307 the same as if such application had been approved prior to the Effective Date . Nothing set forth herein shall limit the applicability of Va. Code § 15.2 -2307, in cases where a significant affirmative governmental act approving a specific project utilized the wall -averaging method of buildin g height calculation as a basis of such approval, and the approval remained in effect on the Effective Date.
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