Richmond Municipal Code Art. 15.04.305 Neighborhood Conservation Overlay District

The purpose of the -NC Neighborhood Conservation Overlay District is to provide the revitalization or conservation of older residential areas or districts possessing distinctive features, identity, or character worthy of retention and enhancement. The -NC Overlay District takes effect through adoption of a Zoning Map amendment and a Neighborhood Conservation Plan and a set of guidelines that will be used during development review and design approval to facilitate maintenance and protection of the neighborhood character and the development of vacant or underused lots.

Each -NC Overlay District shall include a minimum contiguous area of 15 acres, including intervening streets and alleys, and shall contain at least 25 separate lots.

A. Residential development in the proposed district must have begun at least 25 years prior to date the Neighborhood Conservation Overlay District is proposed.

B. At least 75 percent of the land within the proposed boundaries for the district must be developed.

C. The area must possess unifying distinctive elements of a built environment that create an identifiable setting, character and association.

An -NC Neighborhood Conservation Overlay District designation may be applied to any area of the City eligible for designation and combined with any base zoning district. Each -NC designation shall be shown on the Zoning Map by adding an -NC designator to the base zoning district designation followed by the number of the Overlay District designation, based on its order of adoption with reference to the enacting ordinance.

If initiated by residents, an application shall be submitted pursuant to Article 15.04.814 (Amendments to Zoning Map and Text). Prior consultation with the Neighborhood Council is encouraged so their comments can be incorporated into a proposed Neighborhood Conservation Plan.

Each Neighborhood Conservation Plan shall contain:

A. A map and description of the proposed district, including boundaries; the age, setting, and character of housing; distinctive elements of neighborhood and streetscapes; and proposed objectives to be achieved through the plan;

B. A statement of the unique character of the proposed -NC Neighborhood Conservation Overlay District and the reasons why the land use regulations and development standards of the base zoning district(s) will not conserve that character;

C. A list of specific modifications to base district land use regulations and development standards and any additional design standards that are necessary protect the unique neighborhood character of the proposed district; and

D. A set of specific development and design guidelines for new construction and alterations necessary to enhance the district's identity and preserve the character of the proposed district.

Adoption of an -NC Overlay District shall be by amendment to the Zoning Map pursuant to Article 15.04.814 (Amendments to Zoning Map and Text), and shall include concurrent approval of a Neighborhood Conservation Plan, which shall be approved by the City Council by resolution at the same time as the Zoning Map amendment is adopted. The plan shall establish standards and conditions for development consistent with the purposes of the plan and may include the following changes in land use regulations and development standards established by the underlying base district(s).

A. Preliminary Review; Study Session and Neighborhood Workshop. The Planning Commission shall consider the proposed -NC Overlay District designation, at a study session, and determine whether to proceed with a neighborhood review process. If the Planning Commission directs City Staff to initiate a neighborhood review process, City staff shall conduct a neighborhood workshop on the proposed district to explain the proposal and the amendment process to neighborhood residents and to solicit community input.

B. Public Hearing. After the neighborhood workshop, the proposed -NC Neighborhood Conservation Overlay District and Neighborhood Conservation Plan shall be the subject of a public hearing before the Planning Commission and, after the Commission acts, the City Council.

C. Required Findings. In addition to the findings for the approval of a rezoning, a rezoning to apply the -NC Neighborhood Conservation Overlay District designation shall require that the Planning Commission and City Council shall also find that the proposed district has a significant neighborhood character that can only be conserved and enhanced through appropriate controls on new development and alterations to existing buildings and landscapes as contained in the proposed Neighborhood Conservation Plan.

All permitted and conditional uses that are allowed in the underlying base district are allowed in the Neighborhood Conservation Overlay District unless specific limitations or prohibitions are imposed in a Neighborhood Conservation Plan to protect neighborhood character.

A. Maximum Residential Density.

1. The maximum residential density shall be specified in the Neighborhood Conservation Plan. This density may be less than the maximum set in the General Plan if a lower density is needed to ensure land use compatibility and minimize adverse impacts associated with infill development.

2. In the event of conflicts with an underlying base zoning district, the maximum density in Neighborhood Conservation Plan shall control.

B. Setbacks for Yards. Subject to any other applicable overlay district, the minimum setbacks shall be those specified in the Neighborhood Conservation Plan. If the minimum setbacks in the underlying base zoning district conflicts with the minimum setbacks in the Neighborhood Conservation Plan, the Neighborhood Conservation Plan shall control. Whenever a Neighborhood Conservation Plan fails to specify a setback, the setback standards of the underlying base zoning district shall be applied.

C. Height. Subject to any other applicable overlay district, the maximum heights shall be those specified in the Neighborhood Conservation Plan. This maximum height may be less than the maximum set in the General Plan if a lower height is needed to ensure land use compatibility and minimize adverse impacts associated with infill development. If the maximum heights in the underlying base zoning district conflicts with the maximum heights in the Neighborhood Conservation Plan, the Neighborhood Conservation Plan shall control. Whenever a Neighborhood Conservation Plan fails to specify a height, the height standards of the underlying base zoning district shall be applied.

All lots and structures existing at the time that the Neighborhood Conservation Overlay District is adopted shall not be deemed a zoning nonconformity solely because of this Overlay District. For example, replacement of existing structures with like structures that otherwise conform to the requirements of the underlying zoning district are allowed. All additions, changes, expansions, and alterations to such existing structures must comply with the regulations of the Neighborhood Conservation Plan unless the Planning Commission approves a modification to the proposed addition, change, expansion or alteration under Article 15.04.809 (Waivers).