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Fluvanna County Unincorporated
City Zoning Code

ARTICLE 7

- RESIDENTIAL, PLANNED COMMUNITY, DISTRICT R-3

Sec. 22-7-1.- Statement of intent.

This district is intended to permit compact village-style residential development and associated institutional uses, community serving mixed uses, open spaces, and creative design in accordance with a master plan. The development should occur in a manner that will protect and preserve the natural resources, trees, watersheds, contours and topographic features of the land; and to protect and enhance the natural scenic beauty of the area. The scale of the housing and the commercial use should be appropriate to support the residential needs at a neighborhood scale.

Sec. 22-7-2. - Establishment—Request and master plan.

Request for establishment of a residential planned community shall be made initially to the Planning Commission and subsequently to the governing body accompanied by a "Master Plan" for the proposed community.

Sec. 22-7-3. - Same—Application.

(A)

The applicant shall submit a sketch plan and meet with the Planning Director for a pre-proposal conference.

(B)

Applicant submits a Preliminary Master Plan to the Planning Director. Within ten (10) days the Planning Director shall review the Preliminary Master Plan application for completeness, and if it is incomplete, so notify the subdivider, specifying instructions for its completion.

(C)

After it is determined to be complete, the applicant shall furnish with a rezoning application for establishment of a Residential Planned Community, thirty (30) copies of a Preliminary Master Plan prepared by a surveyor, engineer, landscape architect, or architect, duly authorized by the state to practice as such.

(D)

After approval, R-3 zoning is established and the Master Plan governs development of the site. The Master Plan may be amended with the approval by the Planning Commission of a Master Plan amendment.

Sec. 22-7-4. - Required information on Preliminary Master Plan.

The location of the open areas, which shall comprise not less than twenty-five percent (25%) of the whole, shall be shown on the Plan. The open areas shall include parks, recreation facilities, residential clubhouse grounds, lakes, trails, and land or water left in undisturbed natural condition and unoccupied by building lots, structures, streets and roads and parking lots. This area may be used for active recreation facilities identified in Section 22-7-12. The open areas of the tract shall be delineated due to their noteworthy features and value to the continued rural character of the County, including, but not limited to, lands with high scenic, open space and water quality protection values including riparian corridors and wildlife habitat; high environmental sensitivity such as steep slopes, wetlands, floodplains; high recreational value and/or having noteworthy historical, archaeological or cultural features.

The Preliminary Master Plan shall contain the following information:

(A)

The general location of the various types of land uses, including the general location of any village centers, and the residential density classifications of each residential area;

(B)

The areas designated for residential development, with maximum proposed number of units, density calculations, and plot plans of typical units provided;

(C)

The areas designated for commercial and/or institutional development, with maximum proposed square footages and floor area ratios indicated. The location of all buildings and improvements, and their proposed use, other than single-family dwellings, and the location of any public buildings shall be shown;

(D)

The street layout, with indication of which streets are to be dedicated to public use and which are to be held in private ownership, and a brief description of maintenance arrangements; street functional classification; and proposed street cross-sections;

(E)

The pedestrian and bicycle facilities, including sidewalks and trails, with proposed cross-sections;

(F)

The orientation of the Preliminary Master Plan to the surrounding community by extending the overall development and preservation pattern, tree protection and buffers, general building design, covenants and restrictions;

(G)

The general location of all public and private roads;

(H)

The adequate provision for general sewer, storm drainage, and water supply; and

(I)

The Preliminary Master Plan shall also demonstrate its compliance with the County's Comprehensive Plan.

(Ord. 12-16-15)

Sec. 22-7-5. - Development—Final Master Plan.

(A)

Submitting the Final Master Plan:

(1)

The applicant shall submit five (5) copies of the final Master Plan to the Planning Director. The final Plan shall have been prepared by a licensed surveyor, engineer, landscape architect, or architect.

(2)

The final Plan shall be consistent with the Preliminary Master Plan as approved. The applicant may vary from the approved Preliminary Master Plan to any degree if it does not vary the basic concept or character of the development.

(3)

Any departure from the approved Preliminary Master Plan must be approved by the Planning Commission.

(B)

The Final Master Plan must contain:

(1)

All the Preliminary Master Plan Information;

(2)

The location of the existing and proposed property lines;

(3)

The plans and specifications for roads, pedestrian facilities, parking areas, stormwater management facilities, water and sewer system, active recreational facilities, and any other infrastructure elements proposed and shall be in compliance with Virginia Stormwater Management Regulations;

(4)

Any and all proposed Homeowners Association documents for review and approval by the County Attorney; if any roads, open space, or other facilities are proposed for ownership by such association;

(5)

A final plat meeting the requirements of Chapter 19: Subdivisions of this Code;

(6)

A Site Development Plan for any commercial, institutional, multi-family meeting the requirements of Chapter 22-23: Site Development Plans of this Code;

(7)

A performance bond for improvements as provided in Chapter 19: Subdivisions of this Code;

(8)

A proposed deed of easement including restrictions safeguarding the permanent use of open areas and preventing encroachment thereupon and any deeds for any land dedicated to the County as part of the Master Plan for review and approval by the County Attorney.

After the Final Plan and deed of dedication have been approved by both the Planning Director and the County Attorney as being in conformity with this chapter and the Preliminary Master Plan, the Final Plan shall be approved for recordation and recorded. Thereafter, no modification may be made in any Final Plan except by an amended Final Master Plan submitted as provided for the original Final Master Plan.

(Ord. 12-16-15)

Sec. 22-7-7. - Additional land.

Additional land area may be added to an existing Residential Planned Community if it is adjacent, is not separated by a public road, and forms a logical addition to the existing Residential Planned Community. The land must also be under the same ownership or control as the Residential Planned Community.

The procedure for an addition shall be the same as if an original application were filed, and all of the requirements of this chapter shall apply.

Sec. 22-7-8. - Permitted residential density.

Maximum gross residential density: 2.9 residential units per acre.

Maximum gross residential density between 3 and 10 residential units per acre may be permitted by special use permit only.

(Ord. 10-17-18)

Sec. 22-7-9.1. - Uses permitted by right.

The following uses shall be permitted by right:

Agricultural Uses

Conservation areas

Civic Uses

Public parks and recreational areas

Public uses

Commercial Uses

Bakeries

Brewpub

Butcher shops

Financial institutions

Home occupations

Medical clinics

Offices

Personal improvement services

Personal service establishments

Pharmacies

Restaurants, general

Restaurants, small

Retail stores, general

Retail stores, neighborhood convenience

Retail stores, specialty

Studios, fine arts

Miscellaneous Uses

Accessory uses

Greenhouses, non-commercial

Kennels, private

Marinas, private non-commercial

Mobile food unit

Small scale solar generation facility

Utilities, minor

Residential Uses

Dwellings, accessory

Dwellings, multi-family

Dwellings, single-family attached

Dwellings, single-family detached

Dwellings, townhouse

Dwellings, two-family

Group homes

Short-term rental of a residential dwelling

Small scale solar generation facility

(Ord. 10-21-09; Ord. 11-3-10; Ord. of 09-15-2021 (1); Ord. of 08-17-2022 (1); Ord. of 03-20-2024 (3); Ord. of 09-17-2025(3), § 1)

Sec. 22-7-9.2. - Uses permitted by special use permit only.

The following uses shall be permitted by special use permit only:

Agricultural Uses

Equestrian facilities

Civic Uses

Educational facilities

Public assembly

Public recreation assembly

Religious assembly

Commercial Uses

Adult retirement communities

Assisted living facilities

Bed and breakfasts

Car washes

Child day centers

Daycare centers

Family daycare homes/Family day homes

Gas stations

Grocery stores

Hospitals

Hotels

Laundromats

Lodges

Microbreweries

Nursing homes

Outdoor recreation facilities

Restaurants, fast food

Self-storage facilities

Taxidermists

Veterinary offices

Miscellaneous Uses

Telecommunication facilities

Utilities, major

(Ord. 10-21-09; Ord. 11-3-10; Ord. of 08-17-2022 (1); Ord. No. 24-08, § 1, 3-19-2025)

Sec. 22-7-10. - Limitations.

(A)

Commercial uses shall be located in "Village Centers" shown on the Final Master Plan and on the Final Plan. Village Centers shall be light commercial and office areas.

(B)

The amount of commercial area will be determined by the approved Final Master Plan.

(C)

The scale of the services provided in the Village Center shall be to provide neighborhood shopping and business convenience for nearby residential areas.

(D)

No trailer parks, trailer camps, or trailer courts may be permitted.

(E)

Uses in a Residential Planned Community shall be permissible only in the general location shown on the approved Master Plan as previously set forth.

Sec. 22-7-11. - Building location and design requirements.

(A)

The proposed location, arrangement, and design of nonresidential structures shall not be a detriment to the existing adjacent areas, and the prospective development of the Residential Planned Community. Therefore, structures shall be designed in a manner to facilitate the creation of a convenient, attractive and harmonious community.

(B)

Open spaces between structures shall be protected where necessary by adequate covenants, conveyances, or dedications running with the land. The lot size, setback lines, lot coverage, width and frontage on the public street will be determined by the approved Master Plan.

Sec. 22-7-12. - Recreation requirements.

Active recreation facilities may be located within the required open space and shall be provided as follows unless specifically exempted by an approved proffer:

Group A

Bicycling, walking, fitness, and equestrian trails, open play area (minimum ½ acre), sitting area, picnic table units, tot lot equipment, community gardens that may be located within the required open space.

Group B

Picnic shelter (3-4 picnic table units with grill), tennis court(s), multi-use court, active playground with equipment.

Group C

Community center/clubhouse/fitness center, indoor swimming pool, athletic fields for private unorganized activities (baseball, football/soccer) - minimum 2 acres.

≤ 14 residential units Group A — Choice of two or more
Minimum of one acre of recreation area
15—60 residential units Group A — Choice of two or more
Group B — Choice of two or more
Minimum of three acres of recreation area
61—100 residential units Group A — Choice of three
Group B- Choice of three
Minimum of six acres of active recreation
101+ residential units Group A — Choice of three
Group B — Choice of three
Group C — Choice of one
Minimum of eight acres of active recreation

 

(Ord. 12-16-15)