Zoneomics Logo
search icon

Halifax County Unincorporated
City Zoning Code

ARTICLE XIV

PLANNED UNIT DEVELOPMENT

Sec. 53-390.- Purpose.

The planned unit development district (PUD) is established in order to provide for a variety and mix of single and multifamily housing types in neighborhood settings plus supporting, compatible nonresidential uses that will promote a sense of community, while also protecting natural and cultural resources to a greater extent than would be accomplished through conventional zoning. Greater flexibility in the use and design of structures and land is to be allowed where tracts suitable in location, area, and character would more aptly be planned and developed on a unified basis rather than by the conventional "parcel by parcel" or "lot-by-lot" zoning approach.

Suitability for such tracts for PUD shall be determined primarily by reference to the county comprehensive plan and map, by the proximity to major roads with adequate existing or expected future capacity, by the availability of sewerage and water facilities, the suitability of the natural resources on the site to absorb urban development, and by reference to the existing and prospective character of the surrounding land. The resulting PUD shall promote high standards in the planning, design and construction of developments, provide opportunities for housing types to meet the needs of people of all income levels, fit compatibly into the existing surrounding landscape and topography of the site, and shall further the purposes and policies of the county comprehensive plan. PUDs may be approved for "infill" developments aimed at revitalizing or enhancing existing communities, or as attachments or extensions of existing communities, in accord with general and specific guidance provided by the comprehensive plan.

(Ord. No. 2021-11, § 1, 4-5-2021)

Sec. 53-391. - Permitted uses.

The following uses are permitted in PUD districts:

(1)

Single-family dwelling.

(2)

Two-family dwelling.

(3)

Multiple-family dwellings.

(4)

Churches.

(5)

Schools.

(6)

Professional offices.

(7)

Clubs and lodges.

(8)

Parks, playgrounds, and noncommercial recreational facilities, such as golf courses and tennis courts.

(9)

Neighborhood commercial retail and office uses that meet local shopping and business service needs.

(10)

Public utilities.

(11)

Off-street parking as required by this chapter.

(12)

Accessory uses and structures clearly subordinate and incidental to the permitted principal uses and structures.

(13)

Home occupation.

(Ord. No. 2021-11, § 1, 4-5-2021)

Sec. 53-392. - Uses permitted with conditional use permit.

Uses permitted in PUDs with a conditional use permit:

(1)

Community centers.

(2)

Child care centers.

(3)

Adult day care centers

(4)

Facilities, activities and operations that are provided by a duly constituted unit of government with a conditional use permit issued by the board of supervisors.

(Ord. No. 2021-11, § 1, 4-5-2021)

Sec. 53-393. - District requirements and allowable density.

(a)

A PUD must include at least ten gross acres and not more than 100 gross acres of contiguous land fronting upon an existing paved major collector or arterial highway.

(b)

A PUD may have a total, overall density of up to seven units per net acre. Maximum internal densities for dwelling types are:

(1)

For multiple-family: 16 units per net acre.

(2)

For two-family: eight units per net acre.

(3)

For single-family: four units per net acre.

(4)

For dwelling, mixed use: no limit per net acre.

(c)

Different dwelling types may be mixed together on a street, a block or neighborhood in any combination or proportion. In such cases, the concept development shall delineate the boundaries between the different types of units for the purposes of calculating the net density requirements set forth in subsection (b) above.

(Ord. No. 2021-11, § 1, 4-5-2021)

Sec. 53-394. - Lot requirements.

(a)

Single-family dwellings shall be on lots with minimum area of not less than 8,000 square feet.

(b)

Two-family attached dwellings shall be on lots with a minimum are of not less than 2,000 square feet.

(c)

Multiple-family detached dwellings shall be on lots with a minimum area of not less than 40,000 square feet.

(d)

Maximum lot coverage is 60 percent for structures and 75 percent for impervious surfaces.

(e)

Minimum lot width and depth shall be as shown on the approved final development plan.

(f)

Maximum length to width ratio for each lot must not exceed 5 to 1.

(Ord. No. 2021-11, § 1, 4-5-2021)

Sec. 53-395. - Building requirements.

(a)

Yard and setback requirements shall be as shown on the final approved development plan for each type of residential dwelling and for nonresidential uses.

(b)

Open space in the amount of 20 percent of the gross area of the PUD shall be provided. Not more than one-fourth of this are (five percent of gross) may be in any combination of 100-year flood plain, wetlands, public facilities, utility uses or slopes in excess of 15 percent.

(Ord. No. 2021-11, § 1, 4-5-2021)

Sec. 53-396. - Use limitations.

(a)

Availability of public services.

(1)

Relation to major transportation facilities. PUDs shall be so located with respect to major streets and highways or other transportation facilities as to provide access to such districts without creating excessive traffic along minor streets through residential neighborhoods outside such district. Access to major highways will be governed by the policies and recommendations of the county comprehensive plan.

(2)

Relation to utilities and public facilities. PUDs shall be located in relation to sanitary sewers, water lines, storm and surface drainage systems, and other utilities systems and installations in accord with the policies and other designations of the comprehensive plan.

(3)

Provision of utilities and public facilities. The applicant shall:

a.

Construct the utilities and facilities necessary to meet the county's standards for service delivery for the district.

b.

Lot access and street ownership. Lots shall be accessed from a public road currently in the Virginia Department of Transportation (VDOT) system or from a road designed and constructed so as to be accepted into the VDOT system.

c.

Central water and sewer is not required as long as individual, on-site well and septic systems are provided that meet all state health department requirements. However, is central water and sewer is provided, it must be public and incorporated into the county's or town's system, in accord with county or town standards.

(b)

Nonresidential uses.

(1)

Scale of commercial development. Commercial development serving the PUD shall be allowed up to a maximum of no more than ten percent of the total gross area in the PUD.

(2)

Regulations for other nonresidential uses. Churches, schools and other community oriented recreational uses must conform to the requirements for lot area, width, height, yards, and setbacks as prescribed in this chapter.

(c)

Phased or staged development. A phased or staged plan of development will be allowed in a PUD upon approval by the board of supervisors in accordance with the county's guidelines. However, if the sequence of construction of various portions of the development is to occur in stages, then the open space and/or recreational facilities shall be developed, or committed thereto, in proportion to the number of dwelling units intended to be developed during any given stage of construction as approved by the board of supervisors in schedule or precedence order at time of rezoning. Furthermore, at no time during the construction of the project shall the number of constructed dwelling units per acre of developed land exceed the net density per acre established by the approved final development plan.

(d)

Mixed use dwellings. All dwelling units must be located upon the second or higher floors. Before undertaking any work, a building permit shall be obtained and all work done shall be in compliance with the provisions of the Uniform Statewide Building Code.

(Ord. No. 2021-11, § 1, 4-5-2021)

Sec. 53-397. - Special review procedures.

(a)

Development plan review procedures. The administrative review of a request for a PUD shall be handled in essentially the same manner as other rezonings. The procedural process for review consists of the pre-application conference, the submission of the preliminary development plan and the submission of the final development plan.

(b)

Pre-application conference. The applicant must meet with the zoning administrator and any other county officials the administrator deems appropriate, prior to submitting a rezoning application for a PUD, at which time the applicant must present general, schematic plans for the development. Thereafter, the administrator shall furnish the applicant with his written comments regarding such conference, including any appropriate recommendations to inform the applicant.

(c)

Preliminary development plan; application procedures. Application for rezoning to a PUD will be made to the zoning administrator on the standard rezoning request form. The preliminary development plan required at this time shall consist of information as for a preliminary site plan and supporting maps (excluding exact locations of lot lines for individual dwellings but including curb cut locations for other than single family detached units) with the following information:

(1)

The location and floor area size of all existing and proposed buildings, structures and other improvements, including maximum heights, types of dwelling units, density per type and nonresidential structures, including commercial facilities, and all proposed uses. Such drawings should be sufficient to relay the basic architectural intent of the proposed improvements, but should not be encumbered with final detail at this stage.

(2)

The existing and proposed circulation system of arterial, collector and local streets, including off-street parking areas, service areas, loading areas and major points of access to public rights-of-way, including major points of ingress and egress to the development. Notations of proposed ownership, public or private, should be included where appropriate.

(3)

The existing and proposed pedestrian circulation system, including sidewalks, trails and bike paths, and the relationship with the vehicular circulation system, indicating proposed treatments of points of conflict.

(4)

The existing and proposed utility systems, including sanitary sewers, storm sewers and water, electric, gas and telephone lines.

(5)

A general landscape plan indicating the treatment of materials used for private and common open spaces.

(6)

Enough information on land areas adjacent to the proposed PUD to indicate the relationships between the proposed development and existing and proposed adjacent areas, including land uses, zoning classifications, densities, circulation systems, public facilities, and unique natural features of the landscape.

(7)

The proposed treatment of the perimeter of the PUD, including distances, materials and techniques used, such as screens, fences and walls.

(8)

Any additional information as required in writing by the review authority necessary to evaluate the character and impact of the proposed PUD, and whether it meets the requirements of this zoning district.

(9)

Written documents, including the following:

a.

A development schedule and/or precedence order indicating when construction of the PUD or stages of the PUD can be expected to begin and be completed.

b.

Quantitative data for the following: Total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space (including a separate figure for usable open space); total amount of nonresidential construction (including a separate figure for commercial or institutional facilities); economic feasibility studies or market analysis where necessary; and other studies as required by the review authority.

(10)

Final development plan.

a.

Generally. Prior to the approval of the rezoning by the board of supervisors, the applicant shall file with the board a final development plan containing in a final detailed form the information required in this section. If approved, development of the property will conform, in all material respects, to the final development plan unless otherwise permitted to be modified as provided for in subsection (c)(10)c. below.

b.

Non-submission action. If no final development plan is submitted, the board of supervisors may disapprove the application or accept a request from the applicant to postpone final action on the application until a certain date. At such time, the final development plan will be submitted.

c.

Amendments to final development plan. Minor changes in the location, siting, form or height of buildings, structures, and/or streets may be authorized by the board of supervisors without additional public hearings, if required by engineering or other circumstances not foreseen at the time the final plan was approved. No such change may cause any of the following:

1.

A change in the use or character of the development.

2.

An increase in overall coverage of structures.

3.

An increase in the intensity of use.

4.

An increase in the loading on roadways or public utilities.

5.

A reduction in approved open space.

(d)

Assurance for provision and development of common open space. The board of supervisors may require adequate assurance, in a form and manner which it approves, that the common open space shown in the final development plan for a PUD will be provided and developed. The following methods of assurance are intended as illustrative and they may be used singly or in combination or in conjunction with other similar methods:

(1)

The title to the land shown as common open space may be put in escrow. The escrow agreement shall provide that the land is to be held in escrow until the board of supervisors has certified to the escrow agent that the planned development has been completed, at which time the common open space is to be conveyed as provided for herein. The escrow agreement may provide for the release of common open space by the escrow agent in stages. The board of supervisors shall certify the completion of each stage of the planned development to the escrow agent. The escrow agreement must provide that a portion of the open space is conveyed as provided for herein if the planned development is not completed. In this event, the open space which is conveyed is to be the same proportions to the open space provided on the final development plan as the dwelling units that have been built are to the total number of dwelling units which are allowable by the final development plan.

(2)

If any of the planned development which includes common open space is held by the developer on option, the developer may assign to the county the right to exercise the option to acquire the common open space.

(Ord. No. 2021-11, § 1, 4-5-2021)