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Public Hearing #1 - 7:10pm or shortly thereafter

• 302.105           Parking Space              An area consisting of a minimum of 10 x 30 feet
• Repeal 302.105 Addressed in 703.03-6.1-1

Hearing #2       Immediately following Hearing # 1

• Add the following definition to Article 3:
  “Performance Guarantee”: A bond with surety and/or cash deposit, escrow, or letter of credit approved by the governing body or its administrator in the amount equal to the full cost of improvements required by these regulations and providing for completion of said improvements within a definite term and to provide an additional 10% percent of total estimate for administrative costs.

Hearing # 3   Immediately following Hearing # 2  

• Amendments to Article 1
• 102.05             For the acceptance of dedication for public use of any right-of-way located within any subdivision or section thereof, which has constructed or proposed to be constructed within the subdivision or section thereof, any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvement dedicated for public use, and maintained by the City of Buena Vista, the Commonwealth, or other public agency, and for the provision of other site-related improvements required by local ordinances for vehicular ingress and egress, including traffic signalization and control, for public access streets, for structures necessary to ensure stability of critical slopes, and for storm water management facilities, financed in whole or in part by private funds only if the owner or developer (1) certifies to the governing body that the construction costs have been paid to the person constructing such facilities; (2) furnishes to the governing body a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of such facilities and the contractor’s bond, with like surety, in like amount and so conditioned; or (3) furnishes to the governing body a bank or savings institution's letter of credit in certain designated funds satisfactory to the governing body as to the bank or savings institution, the amount and the form. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 25 percent of the estimated construction costs.
• Amend 102.05 to follow wording of State Code
   
  102.05-1          Time Limit and Bonding
  102.05-1.1       The sub-divider shall set a time subject to the approval of the City Council or the
  administrator by which it is estimated the improvements shall be installed and completed. Unless an extension of time is approved by the City Council or the administrator, and a new estimated date of completion is established by the sub-divider with the administrator, the administrator shall take the necessary steps to proceed with the accomplishment and completion of the improvements, making use of the certified check or calling on the surety of the bond. No zoning permits or building permits shall be issued until final approval of the plat and all inspections has been made
  102.05-1.2       Upon written request by the sub-divider or developer, the City body or administrator shall make periodic partial releases of such bond, escrow, letter of credit, or other       performance guarantee in a cumulative amount equal to no less than ninety percent of
  the original amount for which the bond, escrow, letter of credit, or other performance guarantee was taken, and may make partial releases to such lower amounts as may be authorized by the City Council or the administrator based upon the percentage of public facilities completed and approved the City Council or administrator, or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least thirty percent of the improvements covered by any bond, escrow, letter of credit, or other performance guarantee.
• 102.05-1.3       The City or administrator shall not be required to execute more than three periodic partial releases in any twelve month period. Upon final completion and acceptance of any public facilities, the City or administrator shall release any remaining bond, escrow, letter of credit, or other performance guarantee to sub-divider or developer. For the purpose of final release, the term “ acceptance” means: when public facilities are accepted by and taken over for operation and maintenance by the city, state agency, or other public authority which is responsible for maintaining and operating such public facilities upon acceptance.
• 102.05-1.4       For the purposes of this section, a certificate of partial or final completion of such
  Public facilities from a duly licensed professional engineer or land surveyor as defined in and limited to §54.1-400 of the 1950 Code of Virginia, as amended or from a department or agency designated by the City may be accepted without requiring further inspection of such public facilities.
• 102.05-1.5       For the periodic partial and final complete release of any bond, escrow, letter of credit, or other performance guarantee required by the governing body under this section within thirty (30) days after receipt of written notice by the sub-divider or developer of completion of part or all of any public facilities required to be constructed hereunder unless the governing body notifies the sub-divider or developer in writing of non-receipt of approval by an applicable state agency or any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the thirty (30) day period. Any inspection of such public facilities shall be based solely upon conformance with the terms and conditions of the performance agreement and the approved design plan and specifications for the facilities for which the performance guarantee is applicable, and shall not include the approval of any person other than an employee of the governing body, its administrative agency, the Virginia Department of Transportation or other political subdivisions.
• 102.10                         For reasonable provisions permitting a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, subject only to any express requirement contained in the Code of Virginia.  Only one such division shall be allowed per family member, and shall not be for the purpose of circumventing this subsection.  For the purpose of this subsection, a member of the immediate family is defined as any person who is a natural or legally defined offspring, step child, spouse, sibling, grandchild, grandparent or parent of the owner.
• Amend 102.10 to include “step child, grandchild, grandparent, sibling”
• 104.00            Cemetery Subdivision  Division of a lot or parcel for purposes of creating a private cemetery such as family, church or community cemetery which is not operated for profit. No residential structures shall be permitted on any cemetery lot. Plats creating cemetery lots shall designate a reasonable means of access to such cemetery for vehicular and pedestrian traffic. There shall be no minimum lot size for a cemetery unless the cemetery is a public cemetery in which lots are offered for sale to the public. For public cemeteries where lots are offered for sale to the public, minimum lot size requirements set forth in the land use regulations shall apply. Septic permits requirements or city sewage hookups need not be met unless restroom facilities or other facilities requiring septic disposal are proposed and the City Department of Health approval of the septic system or public sewage system usage shall be required.
• Amend to add the following amendments: 102.05-1, 102.05-1.1, 102.05-1.2, 102.05-1.3, 102.05-1.4, 102.05-1.5, 102.10 and 104.00.

Hearing # 4      Immediately following Hearing #3

• Amend the Buena Vista Lot Regulations by District table. Highlights of the changes are:
• Add Recreational District to table and all setbacks would be non applicable (N/A)
• Amend Light Industrial District (M-1) to Light Manufacturing District (LM)
• Amend General Industrial (I-1) to General Manufacturing District (GM)
• Amend Tables
• The notes have not been amended

Hearing #5       Immediately following Hearing #4

• Add the following amendment to 1500.00:
• 1501.03           For relatively minor developments, requirements of this section may be waived upon recommendation of the city manager or his authorized agent and with the approval of the Planning Commission; provided that the intent of this Article may not be circumvented.
• Amend 1504.01 to read: omit the words zoning administrator
• 1504.01           All site plans which are appropriately submitted and which conform to the standards and requirements set forth in this article shall be approved by the zoning administrator Planning Commission after having been reviewed and recommended for approval by the city manager or his agents, relative to: amended 4/13/08

Hearing # 6 – Immediately following Hearing # 5

• Article 7 AMENDMENTS – Please reference 15.2-2307 Code of Virginia, In July 2006, The Commonwealth of Virginia Enacted changes relating to nonconforming uses. The Changes relate to the length of time a nonconforming structure can remain in disrepair. The standard 18 month was increased to two years. Also, a new provision was added for an “Act of God”. This part provides for the initial two year reconstruction period but also provides for an extension of up to two additional years to complete the reconstruction if the City is under a Federal Disaster declaration and the damage is a direct result of the disaster. THIS PARAGRAPH IS FOR REFERENCE PURPOSES ONLY
• 708.02                Nonconforming Structures                  Where a lawful structure exists at the time of enactment or amendment of this Ordinance that could not be built in the district in which it is located by reason of restrictions on lot coverage, height, yard dimensions, or other requirements, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
  REPEAL 708.02
• 708.02-1            Any structure or portion thereof declared unsafe by the Building Official may be restored to a safe condition, provided that the requirements of this section are met, and that the cost of restoration of the structure to a safe condition shall not exceed seventy-five (75) percent of its replacement cost at the time of the Building Official declaration;
  REPEAL 708.02-1
• 708.02-2            No nonconforming structure may be enlarged or altered in any way which increases its non-conformity; and any structure or portion thereof may be altered to decrease its non-conformity;
  REPEAL 708.02-2
• 708.02-3            Notwithstanding the provisions of Section 708.02-2 above, whenever repairs on or installation of plumbing fixtures in residential structures is required by law or administrative action of the Health Official or the Building Official, such alterations shall be permitted, provided that where such alterations require an addition to the structure, such addition shall be no nearer the lot line than permitted by the requirements of this Ordinance.  Where an existing residential structure exceeds these requirements the said addition shall extend no nearer the lot line than the existing building line;
  REPEAL 708-02-3
• 708.02-4            Should a nonconforming structure be moved, it shall thereafter conform to the yard dimension requirements of the district in which it is located after it is moved;
  REPEAL 708.02-4
• 708.02-5            Should a nonconforming structure or nonconforming portion of a structure be destroyed by any means, it shall not be reconstructed to a greater degree of non-conformity.
  REPEAL 708-02-5
• 708.04                Nonconforming Uses of Structure                   Where a lawful use involving an individual structure or structures in combination, exists at the time of enactment or amendment of this Ordinance, that would not be permitted in the district in which it is located under the requirements of this Ordinance, such use may be continued as long as it remains otherwise lawful, subject to the following provisions:
  REPEAL 708.04
• 708.04-1            No structure existing at the time of enactment or amendment of this Ordinance devoted to a nonconforming use shall be enlarged, extended, moved, or structurally altered, except repairs on or installation of plumbing fixtures required by law or administrative action of the Health Official or the Building Official, or the changing of interior partitions or interior remodeling; or in changing the use of the structure to a conforming use;
  REPEAL 708.04-1
• 708.04-2            A nonconforming use of a structure may be extended to include use of the entire structure, but shall not be extended to include either additional structures or land outside the structure;
  REPEAL 708.04-2
• 708.04-3            When a nonconforming use of a structure or structures and premises in combination is discontinued or abandoned for one (1) year, or for eighteen (18) months during any three year period, except when government action impedes access to the premises; or when a nonconforming use is superseded by a permitted use; the structure and premises shall not thereafter be used except in conformity with the regulations of the district in which it is located;
  REPEAL 708.04-3
   
  Add the following amendments:
  708-00                Nonconforming Structures
  708.02                All single-family, mobile home, manufactured home, multi-family, business,
                              commercial and industrial structures:
  708.02-1            Where a lawful structure, including a detached single-family dwelling, mobile
                             home, or manufactured home exists at the effective date of adoption or
                             amendment of this section that could not be built under the provisions of this
                             section by reason of restrictions concerning the structure, such structure may be
                             continued as long as it remains otherwise lawful.
  708.02-2            A nonconforming structure may be not enlarged, extended, or structurally altered, except repairs on or installation of plumbing fixtures required by law or administrative action of the Health Official or the Building Official.
  708.02-3            Should such nonconforming structure or nonconforming portion of structure be destroyed or damaged by any means, other than a natural disaster or act of God, it may be reconstructed if the reconstruction does not increase the degree of nonconformance and such restoration is started within two (2) years from the date of destruction.
  708.02-4            Should such nonconforming structure or nonconforming portion of structure be
                             destroyed or damaged, including a natural disaster or act of God, it may be
                             repaired, rebuilt or replaced without obtaining a modification/variance if such
                             repair, rebuild or replacement eliminates or reduces the degree of
                             nonconforming features to the extent possible and such structure is repaired,
                             rebuilt, or replaced within two years from the date of destruction.
  708-02-5            Any nonconforming structure which is damaged or destroyed by any natural disaster or other Act of God shall be repaired, rebuilt, or replaced to eliminate or reduce the nonconforming features to the extent possible, without the need to obtain a modification or variance. If such structure cannot be repaired, rebuilt or replaced except to restore it to its original nonconforming condition, the owner shall have the right to do so. The owner shall apply for a zoning and building permit and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of the Virginia Uniform Statewide Building Code, and any work done to repair, rebuild, or replace such building shall be in compliance with the provisions of the local flood plain regulations adopted as a condition of the participation in the National Flood Insurance Program. Unless such structure is repaired or rebuilt within two (2) years of the date of the natural disaster or other Act of God, such structure shall only be repaired, rebuilt, or replaced in accordance with the regulations for the zoning district in which it is located. However, if the nonconforming structure is in an area under federal disaster declaration and the structure has been damaged or destroyed as a direct result of conditions that gave rise to the declaration, then the owner shall have an additional two (2) years for the structure to be repaired, rebuilt, or replaced as otherwise noted in this section.   
  708.02-6            Should such structure be moved for any reason to another parcel of land, regardless of distance, or the lot lines of the parcel on which it is located change, the structure shall thereafter conform to the regulations of the district in which it is located.
  708.02-7            Nothing in this section shall be construed to prevent a locality, after making a
  reasonable attempt to notify such property owner, from ordering the removal of a nonconforming sign that has been abandoned. For purposes of this section, a sign shall be considered abandoned if the business for which the sign was erected has not been in operation for a period of at least two years. Any locality may, by ordinance, provide that following the expiration of the two-year period any abandoned nonconforming sign shall be removed by the owner of the property on which the sign is located, if notified by the locality to do so. If, following such two-year period, the locality has made a reasonable attempt to notify the property owner, the locality through its own agents or employees may enter the property upon which the sign is located and remove any such sign whenever the owner has refused to do so. The cost of such removal shall be chargeable to the owner of the property. Nothing herein shall prevent the locality from applying to a court of competent jurisdiction for an order requiring the removal of such abandoned nonconforming sign by the owner by means of injunction or other appropriate remedy.
   
  The below (708.08 & 708.08-1) is just new numbers in the land use regulations:
  708.08                Lots of Record           Where a lot of record at the time of enactment of this Ordinance does not contain land of sufficient area or width to permit conformity with the dimensional requirements of this Ordinance, the following provisions shall apply:
  708.08-1            A single nonconforming lot of record at the time of enactment or amendment of this Ordinance may be used as a building site, provided that yard dimensions and requirements other than those applying to area or width of the lot shall conform     to the regulation for the district in which such lot is located.  Variances of yard      requirements may be obtained only through appeal to the Board, as outlined in Section 807.00 herein
   
  The Hearings will be held in the Council Chambers located within the Municipal Building, 2039 Sycamore Avenue.  Any questions regarding this matter should be directed to Robert Luke, Planning and Zoning, 261-8607. 
   
  A copy is on file in the City Planner's Office, 2039 Sycamore Avenue, and is available for review from 8:30 AM to 5:00 PM, Monday - Friday. 
   
  By Order of the Buena Vista Planning Commission
  Robert Luke