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Herndon City Zoning Code

ARTICLE III

RESIDENTIAL DISTRICTS

Sec. 78-30.- Residential districts.

The following sections contain provisions pertaining to residential zoning districts.

(Ord. No. 17-O-13, 8-8-2017)

Sec. 78-30.1. - R-15 - Residential single-family district.

(a)

Purpose and Intent. The R-15 district is a zoning district in which (a) the principal use of land is single-family detached residential development. The regulations of this district are meant to encourage uses that would substantially complement the development of single-family detached dwellings and that would contribute to the quiet residential nature of the district. The intent of the district is to perpetuate R-15 zoning districts existing prior to the effective date of this chapter and to discourage their redevelopment at higher densities when those districts are located on lands designated as neighborhood conservation in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(b)

Density. The maximum permitted density in the R-15 district is 2.9 dwelling units per acre.

(c)

Principal uses. Table 70-30.1(c)(3), lists uses permitted and allowed in the R-15 district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the R-15 district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the R-15 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" Permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in R-15 district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article XII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in R-15 district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article XII, Use Regulations.

(3)

Table of principal permitted and allowed uses in the R-15 district.

Table 78-30.1(c)(3): Principal Permitted and Allowed Uses R-15
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval; Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPER-15See
Supplemental Regulations
Residential Single-Family Detached Dwelling P §78-30.6
Group Home P §78-71.1
Education Childcare Center, Daycare Center or Preschool S §78-71.2
School, Public or Private (K-12) S §78-71.2
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Institutional and Community Service Uses Cemetery S §78-71.4
Community Centers S §78-71.4
Library S §78-71.4
Religious Institution (with a capacity of 300 or fewer persons) gathered for religious observance in, with or without any accessory schools, daycare centers, or recreational facilities S §78-71.4
Religious Institution (with a capacity of more than 300 persons) gathered for religious observance, with or without accessory schools, daycare centers, or recreational facilities S §78-71.4
Senior Center S §78-71.4
Entertainment, Outdoor Private Swimming Pools and Tennis Courts S §78-71.9
Commercial Utilities Commercial Communication Tower, Freestanding S 78-71.13

 

(d)

Accessory uses and structures. Table 78-30.1(d)(3), lists uses permitted and allowed in the R-15 district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the R-15 district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the R-15 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed accessory uses in R-15 district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed accessory uses in R-15 district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the R-15 district.

Table 78-30.1(d)(3): Permitted and Allowed Accessory Uses R-15
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USER-15Supplemental Use Regulations
Accessory Dwelling Unit S §78-80.4(a)
Accessory Food Preparation Area - Secondary Kitchen S §78-80.4(b)
Accessory Food Preparation - Wet Bar P §78-80.4(b)
Antennae co-location P §78-80.4(c)
Bed and Breakfast Establishment S §78-80.4(d)
Commercial Communication Towers, Freestanding S §78-71.13(d)(1)
Home-Based Business, Including Daycare or Childcare P §78-80.5
Minor Utilities P §78-80.4(m)
Recreational Vehicle Parking and Storage of Individually-Owned Vehicles P §78-80.4(q)
School Uses in conjunction with, and on the same site as, Religious Institute S §78-80.4(r)
Short-term rental P §78-80.4(u)
Small cell facilities on a utility distribution or transmission pole P §78-71.13
Social Service and Similar Community Service Uses S §78-80.4(s)
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, and swimming pools P §78-80.4.3(c)
§78-21(f)

 

(4)

Accessory structures in the R-15 district. Accessory structures within the R-15 district shall conform to the standards of Article VIII, Accessory Uses and Structures.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the R-15 district as follows:

(1)

Keeping of livestock, Vietnamese pot-bellied pigs, chickens. The keeping of livestock in the R-15 district is prohibited except that the keeping of Vietnamese pot-bellied pigs and chickens may be permitted in accordance with section 78-80.4(l).

(2)

Parking of recreational and commercial vehicles. The parking of recreational vehicles in the R-15 district shall be subject to the provisions of section 78-80.4(q) and the parking of commercial vehicles in the R-15 district shall be subject to section 78-100.9(b).

(3)

Vehicular repair and sales. Vehicle repair, including engine, body, or other repair or repainting of vehicles owned by a person not residing at the address is prohibited in the R-15 district. The commercial display and sale of vehicles is prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.1(g).

(4)

Portable storage units. Portable storage units may not be established as an accessory structure on a residential site in the R-15 district. For provisions about use of portable storage units as a temporary use, see section 78-90.4(a)(4).

(g)

Dimensional standards. Structures in the R-15 residential zoning district are subject to the dimensional standards set forth in Table 78-30.1(g): R-15 Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article VIII. Definitions for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-30.1(g): R-15 DIMENSIONAL STANDARDS
STANDARDRESIDENTIAL USESNONRESIDENTIAL SPECIAL EXCEPTION USES
Density, Maximum Gross 2.9 dwellings/acre N/A a
Lot Area, Minimum 15,000 sq. ft. 15,000; sq. ft.
8,500 for open space lots 1
Lot Width,
Minimum at Setback Line
   Interior Lot 90 sq. ft. 90 sq. ft.
   Corner Lot 100 sq. ft. 100 sq. ft.
Setback, Minimum (feet) 45', 2
may be reduced in HP overlay district;
35' on pipestem lot 3 		35' from edge of ROW b ,
60' from centerline,
or building height c ,
whichever is greater
Side Yard, Minimum (feet) 15' Adjacent to a residential district d : 10', or
equal to building height c ,
whichever is greater
All other: 10'
Rear Yard, Minimum (feet) 25' Adjacent to a residential district d : 25', or
equal to building height c ,
whichever is greater
All other: 25'
Height, Maximum (feet) 35' 45'
Open Space, Minimum (%) See footnote 4 30%
Lot Coverage 5 , Maximum (%) 25% 25%
Impervious Surface Area, Maximum, (including buildings (%) 50% 50%
Paved parking Area, Maximum 6 (%) 35% of the front yard of any single-family detached or duplex dwelling N/A a
Distance between Paved Surfaces and Property Line, Minimum (feet) 2' Subject to buffer requirements for nonresidential uses in Article XI, Development Standards.
Abbreviations
a N/A: Indicates that the standard does not apply to this type of use in this zoning district.
b ROW: "Right-of-Way" can pertain to either a public or private street and excludes private access easements that do not meet the definition of a private street.
c Building Height: Indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.
d Adjacent to a Residential District: Indicates that a special side or rear yard requirement (identified in the table) applies for every lot line abutting existing single-family detached development or undeveloped land in a single-family detached zoning district.

Footnotes
1   Those lots dedicated solely to public park land or open space.
2  See § 78-60.3(e), reduction of setback in the HP district.
3  See § 78-30.5(b), for pipestem lots.
4  For single-family detached dwellings on lots in subdivisions after January 1, 2007, see Subdivision Ordinance, Chapter 70, Town Code.
5 Building footprint as total share of total lot area.
6 Counts toward maximum impervious surface.

 

(h)

Open space. Development in the R-15 district shall be subject to the general open space standards in Article XI. In addition, for single-family detached dwellings on lots in subdivisions created after January 1, 2007 see the Subdivision Ordinance, Chapter 70, Town Code.

(i)

Development standards. Development in the R-15 zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

(1)

Landscaping, buffering and screening. Development in the R-15 district shall conform to the landscaping, buffer and screening standards in Article XI, Development Standards and Perimeter Buffer Strip Requirements for Residential Districts in Tables 78-110.3(e)(4)a. and 78-110.3(e)(4)b.

(2)

Exterior lighting. Development in the R-15 district shall conform to the exterior lighting standards for residential districts in section 78-130.9.

(3)

Fences and walls. Development in the R-15 district shall conform to the applicable standards for residential districts in section 78-115.2 and 78-115.2(i), specifically.

(j)

Noise, vibration, etc. Development in the R-15 district shall conform to the applicable performance standards of Article XII, Performance Standards.

(k)

Parking and circulation. Development in the R-15 district shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation and section 78-100.9(b), specifically.

(l)

Signs. Signs in the R-15 district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the R-15 district shall be subject to the provisions of Article XVI.

(n)

Application requirements and application review process. Applications for development in the R-15 district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020)

Sec. 78-30.2 - R-10 - Residential single-family district.

(a)

Purpose and intent. The R-10 district is a zoning district in which the principal use of land is single-family detached residential. The regulations of this district are meant to encourage uses that would substantially complement the development of single-family detached dwellings and that would contribute to the quiet residential nature of the district. The intent of the district is to perpetuate R-10 zoning districts existing prior to the effective date of this chapter and to discourage their consolidation and redevelopment at higher densities when those districts are located on lands designated as Neighborhood Conservation in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(b)

Density. The maximum permitted density in the R-10 district is 4.4 dwelling units per acre.

(c)

Principal uses. Table 70-30.2(c)(3), lists uses permitted and allowed in the R-10 district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the R-10 district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the R-10 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in R-10 district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in R-10 district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VII, Use Regulations.

(3)

Table of principal permitted and allowed uses in the R-10 district.

Table 78-30.2(c)(3): Principal Permitted and Allowed Uses R-10
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPER-10See
Supplemental Regulations
Residential Single-Family Detached Dwelling P §78-30.6
Group Home P §78-71.1
Education Childcare Center, Daycare Center or Preschool S §78-71.2
School, Public or Private (K-12) S §78-71.2
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Institutional and Community Service Uses Cemetery S §78-71.4
Community Centers S §78-71.4
Library S §78-71.4
Religious Institution (with a capacity of 300 or fewer persons) gathered for religious observance, with or without any accessory schools, daycare centers, or recreational facilities S §78-71.4
Religious Institution (with a capacity of more than 300 persons) gathered for religious observance, with or without accessory schools, daycare centers, or recreational facilities S §78-71.4
Senior Center S §78-71.4
Entertainment, Outdoor Private Swimming Pools and Tennis Courts S §78-71.9
Commercial Utilities Commercial Communication Tower, Freestanding S §78-71.13

 

(d)

Accessory uses and structures. Table 78-30.2(d)(3), lists uses permitted and allowed in the R-10 district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the R-10 district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the R-10 district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in R-10 district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in R-10 district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article VIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the R-10 District.

Table 78-30.2(d)(3): Permitted and Allowed Accessory Uses R-10
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USER-10Supplemental Use Regulations
Accessory Dwelling Unit S §78-80.4(a)
Accessory Food Preparation Area - Secondary Kitchen S §78-80.4(b)
Accessory Food Preparation - Wet Bar P §78-80.4(b)
Antennae co-location P §78-80.4(c)
Bed and Breakfast Establishment S §78-80.4(d)
Commercial Communication Towers, Freestanding S §78-71.13
Home-Based Business, Including Daycare or Childcare P §78-80.5
Minor Utilities P §78-80.4(m)
Recreational Vehicle Parking and Storage of Individually-Owned Vehicles P §78-80.4(q)
School Uses in Conjunction with, and on the same site as, Religious Institution S §78-80.4(r)
Short-term rental P §78-80.4(u)
Small cell facilities on a utility distribution or transmission pole P 78-71.13
Social Service and Similar Community Service Uses S §78-80.4(s)
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, and swimming pools P §78-80.3(c)
§78-21(f)

 

(4)

Accessory structures in the R-10 district. Accessory structures within the R-10 district shall conform to the standards of Article VIII, Accessory Uses and Structures.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the R-10 district as follows:

(1)

Keeping of livestock, Vietnamese pot-bellied pigs, chickens. The keeping of livestock in the R-10 district is prohibited except that the keeping of Vietnamese pot-bellied pigs and chickens may be permitted in accordance with section 78-80.4(l).

(2)

Parking of recreational and commercial vehicles. The parking of recreational vehicles in the R-10 district shall be subject to the provisions of section 78-80.4(q) and the parking of commercial vehicles in the R-10 district shall be subject to section 78-100.9(b).

(3)

Vehicular repair and sales. Vehicle repair, including engine, body, or other repair or repainting of vehicles owned by a person not residing at the address is prohibited in the R-10 district. The commercial display and sale of vehicles is prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.1(g).

(4)

Portable storage units. Portable storage units may not be established as an accessory structure on a residential site in the R-10 district. For provisions about use of portable storage units as a temporary use, see section 78-90.4(a)(4).

(g)

Dimensional standards. Structures in the R-10 residential zoning district are subject to the dimensional standards set forth in Table 78-30.2.: R-10 Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article XIII. Definitions for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-30.2(g): R-10 DIMENSIONAL STANDARDS
STANDARDRESIDENTIAL USESNONRESIDENTIAL SPECIAL EXCEPTION USES
Density, Maximum Gross 4.4 dwellings/acre N/A a
Lot Area, Minimum 10,000 sq. ft. 15,000; sq. ft.
8,500 for open space lots 1
Lot Width,
Minimum at Setback Line
   Interior Lot 75 sq. ft. 90 sq. ft.
   Corner Lot 100 sq. ft. 100 sq. ft.
Setback, Minimum (feet) 35', 2
may be reduced in HP overlay district;
25' on pipestem lot 3 		35' from edge of ROW b ,
60' from centerline,
or building height c ,
whichever is greater
Side Yard, Minimum (feet) 10' Adjacent to a residential district d : 10', or
equal to building height c ,
whichever is greater
All other: 10'
Rear Yard, Minimum (feet) 25' Adjacent to a residential district d : 25', or
equal to building height c ,
whichever is greater
All other: 25'
Height, Maximum (feet) 35' 45'
Open Space, Minimum (%) See footnote 4 30%
Lot Coverage 5 , Maximum (%) 25% 25%
Impervious Surface Area, Maximum, (including buildings) (%) 50% 50%
Paved parking Area, Maximum 6 (%) 35% of the front yard of any single-family detached or duplex dwelling N/A a
Distance between Paved Surfaces and Property Line, Minimum (feet) 2' Subject to buffer requirements for nonresidential uses in Article XI, Development Standards.
Abbreviations
a N/A: Indicates that the standard does not apply to this type of use in this zoning district.
b ROW: "Right-of-way" can pertain to either a public or private street and excludes private access easements that do not meet the definition of a private street.
c Building Height: Indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.
d Adjacent to a Residential District: Indicates that a special side or rear yard requirement (identified in the table) applies for every lot line abutting existing single-family detached development or undeveloped land in a single-family detached zoning district.

Footnotes
1   Those lots dedicated solely to public park land or open space.
2  See § 78-60.3(e), reduction of setback in the HP district.
3  See § 78-30.5(b), for pipestem lots.
4  For single-family detached dwellings on lots in subdivisions after January 1, 2007, see Subdivision Ordinance, Chapter 70, Town Code.
5 Building footprint as total share of total lot area.
6 Counts toward maximum impervious surface.

 

(h)

Open space. Development in the R-10 district shall be subject to the general open space standards in Article XI. In addition, for single-family detached dwellings on lots in subdivisions created after January 1, 2007 see the Subdivision Ordinance, Chapter 70, Town Code.

(i)

Development standards. Development in the R-10 zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

a.

Landscaping, buffering and screening. Development in the R-10 district shall conform to the landscaping, buffer and screening standards in Article XI, Development Standards and Perimeter Buffer Strip Requirements for Residential Districts in Tables 78-110.3(e)(4)a. and 78-110.3(e)(4)b.

b.

Exterior lighting. Development in the R-10 district shall conform to the exterior lighting standards for residential districts in section 78-130.9.

c.

Fences and walls. Development in the R-10 district shall conform to the applicable standards for residential districts in section 78-115.2 and 78-115.2(i), specifically.

(j)

Noise, vibration, etc. Development in the R-10 district shall conform to the applicable performance standards of Article XII, Performance Standards.

(k)

Parking and circulation. Development in the R-10 district shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation and section 78-100.9(b), specifically.

(l)

Signs. Signs in the R-10 district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the R-10 district shall be subject to the provisions of Article XVI.

(n)

Application requirements and application review process. Applications for development in the R-10 district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020)

Sec. 78-30.3. - RTC - Residential townhouse cluster district.

(a)

Purpose and intent. The RTC district is a zoning district in which the principal use of land is for townhouse cluster development. The intent of the district is to provide for low to moderate density attached single-family dwellings along with preserving open space and accommodating community uses to serve the residents of the associated dwellings. Zoning map amendments for RTC districts shall be confined to those lands designated as adaptive area in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(b)

Density. The maximum permitted density in the RTC district is 10 dwelling units per acre.

(c)

Principal uses. Table 78-30(c)(3) lists uses permitted and allowed in the RTC district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the RTC district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the RTC district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" Permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in RTC district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards and Article XII Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in RTC district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article XII, Use Regulations.

(3)

Table of principal permitted and allowed uses in the RTC district.

Table 78-30.3(c)(3): Principal Permitted and Allowed Uses RTC
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPERTCSee
Supplemental Regulations
Residential Duplex Dwelling P §78-30.6
Townhouse Dwelling P §78-30.6
Townhouse, Rental Residential Development P §78-30.6
Group Home P §78-71.1
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Institutional and Community Service Uses Community Centers S §78-71.4
Commercial Utilities Commercial Communication Tower, Freestanding S §78-71.13

 

(d)

Accessory uses and structures. Table 78-70.3(d)(3), lists uses permitted and allowed in the RTC district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the RTC district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the RTC district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in RTC district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in RTC district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the RTC district.

Table 78-30.3(d)(3): Permitted and Allowed Accessory Uses RTC
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USERTCSupplemental Use Regulations
Accessory Dwelling Unit S §78-80.4(a)
Accessory Food Preparation Area - Secondary Kitchen S §78-80.4(b)
Accessory Food Preparation - Wet Bar P §78-80.4(b)
Antennae co-location P §78-80.4(c)
Commercial Communication Towers, Freestanding S §78-71.13
Home-Based Business, Including Daycare or Childcare P §78-80.5
Minor Utilities P §78-80.4(m)
Recreational Vehicle Parking and Storage of Individually-Owned Vehicles P §78-80.4(q)
Short-term rental P §78-80.4(u)
Small cell facilities on a utility distribution or transmission pole P §78-71.13
Social Service and Similar Community Service Uses S §78-80.4(s)
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, and swimming pools P §78-80.3(c)
§78-21(f)

 

(4)

Accessory structures in the RTC district. Accessory Structures within the RTC district shall conform to the standards of Article VIII, Accessory Uses.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the RTC district as follows:

(1)

Parking of recreational and commercial vehicles. The parking of recreational vehicles in the RTC district shall be subject to the provisions of section 78-80.4(q) and the parking of commercial vehicles in the R-10 district shall be subject to section 78-100.9(b).

(2)

Vehicular repair and sales. Vehicle repair, including engine, body, or other repair or repainting of vehicles owned by a person not residing at the address is prohibited in the RTC district. The commercial display and sale of vehicles is prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.1(g).

(3)

Portable storage units. Portable storage units may not be established as an accessory structure on a residential site in the RTC district. For provisions about use of portable storage units as a temporary use, see section 78-90.4(a)(4).

(g)

Dimensional standards. Structures in the RTC residential zoning district are subject to the dimensional standards set forth in Table 78-30.2.: RTC Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article XIII. Definitions for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-30.3(g): RTC DIMENSIONAL STANDARDS
STANDARDRESIDENTIAL USESNONRESIDENTIAL SPECIAL EXCEPTION USES
Density, Maximum Gross 10 dwellings/acre N/A a
Dwelling Unit Size,
Minimum 		1,800 sq. ft. for duplexes
and townhouses 		N/A a
Lot Area, Minimum None 8,500 sq. ft.
Lot Width, Minimum at setback line
   Individual Interior
   Townhouse 		2' 1,2
   End Unit Townhouse 34' 2,3
   Interior Lot 90'
   Corner Lot 100'
Setback, Minimum 10' from front lot line or as specified
in buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b. 2 ,
whichever is greater 		35' from edge of ROW b ,
60' from centerline,
or building height c ,
whichever is greater
Side Yard, Minimum 10' for end units only 2 Adjacent to a residential district d : 10', or equal to building height c , whichever is greater
All other: 10'
Rear Yard, Minimum 20', within each lot 2 Adjacent to a residential district d : 25', or equal to building height c , whichever is greater
All other: 25'
>Height, Maximum 35' 45'
Open Space, Minimum 30% 4 30%
Lot Coverage, Maximum 5 N/A a 25%
Impervious Surface Area, Maximum, (including buildings) 75% 50%
Impervious Surface Area, Maximum 6 75% 50%
Distance between Paved Surfaces and any Property Line, Minimum 2' on each townhouse lot and improvements outside of lots except as provided for in landscape requirements Article XI, development standards Subject to buffer requirements for nonresidential uses in Article XI, development standards.
Distance between buildings on individual lot, Minimum 30' between building groups;
10' between townhouse and accessory structures on the same lot 		Subject to buffer requirements for nonresidential uses in Article XI, development standards.
Distance between accessory structure and property line, Minimum 2' Subject to buffer requirements for nonresidential uses in Article XI, development standards.
Abbreviations
a N/A: Indicates that the standard does not apply to this type of use in this zoning district.
b ROW: "Right-of-way" can pertain to either a public or private street and excludes private access easements that do not meet the definition of a private street.
c Building Height: Indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.
d Adjacent to a Residential District: Indicates that a special side or rear yard requirement (identified in the table) applies for every lot line abutting existing single-family detached development or undeveloped land in a single-family detached zoning district.

Footnotes
1  Excludes side yard of building groups.
2  May also be affected by § 78-30.6(b) developments containing multi-family, townhouse, rental townhouse residential, quadraplex and duplex dwellings.
3  Based on minimum end unit width of 24 feet with a ten-foot side yard.
4  As a share of development site and exclusive of permeable land in individual lots.
5  Maximum building coverage on individual lot.
6  Counts toward maximum impervious surface as a share of site, including buildings.

 

(h)

Open space. A minimum of 30 percent of the development site shall be designated as open space exclusive of permeable land in individual lots.

(i)

Development standards. Development in the RTC zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

a.

Landscaping, buffering and screening. Development in the RTC district shall conform to the landscaping, buffer and screening standards in Article XI, Development Standards and Perimeter Buffer Strip Requirements for Residential Districts in Tables 78-110.3(e)(4)a. and 78-110.3(e)(4)b.

b.

Exterior lighting. Development in the RTC district shall conform to the exterior lighting standards for residential districts in section 78-130.9.

c.

Fences and walls. Development in the RTC district shall conform to the applicable standards for residential districts in section 78-115.2 and 78-115.2(i), specifically.

(j)

Noise, vibration, etc. Development in the RTC district shall conform to the applicable performance standards of Article XII, Performance Standards.

(k)

Parking and circulation. Development in the RTC district shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation and section 78-100.9(b), specifically.

(l)

Signs. Signs in the RTC district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the RTC district shall be subject to the provisions of Article XVI.

(n)

Application requirements and application review process. Applications for development in the RTC district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020)

Sec. 78-30.4. - RM - Residential multi-family district.

(a)

Purpose and intent. The RM district is a zoning district in which the principal use of land is for multi-family dwellings. The intent of the district is to provide for medium density multi-family uses in locations that are harmonious with nearby lower density residential uses. This district should be located so as to ensure that adequate community uses, open space and recreational facilities are located nearby, or within the district itself, to serve the needs of the persons who would be living in the district. Zoning map amendments for RM districts shall be confined to those lands designated as adaptive area in the Herndon 2030 Comprehensive Plan (adopted August 12, 2008), as may be amended.

(b)

Density. The maximum density allowed in the RM district is 15 dwelling units per acre.

(c)

Principal uses. Table 78-30.4(c)(4) lists uses permitted and allowed in the RM district as principal uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific principal uses in the RM district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other uses not listed on the following table are not allowed in the RM district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of principal permitted and allowed uses in RM district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of principal permitted and allowed uses in RM district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article VII, Use Regulations.

(3)

Table of principal permitted and allowed uses in the RM district.

Table 78-30.4(c)(4): Principal Permitted and Allowed Uses RM
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
USE
CATEGORY
USE TYPERMSee
Supplemental Regulations
Residential Townhouse Dwelling P §78-30.6
Townhouse, Rental Residential Development P §78-30.6
Quadraplex Dwelling P §78-30.6
Multi-Family Dwelling (including residential rental townhouses) P §78-30.6
Housing for the Elderly P §78-71.1
Assisted Living for Elderly and Persons with Disabilities P §78-71.1
Group Home P §78-71.1
Government Facilities Government Buildings, Facilities and Uses not Otherwise Categorized S §78-71.3
Institutional and Community Service Uses Community Centers S §78-71.4
Commercial Utilities Commercial Communication Tower, Freestanding S §78-71.13

 

(d)

Accessory uses and structures. Table 78-30.4(d)(3) lists uses permitted and allowed in the RM district as accessory uses. There may be additional regulations in this chapter and in the Herndon Town Code that apply to specific accessory uses and structures in the RM district. It is the applicant's responsibility to ensure that all published rules, regulations and standards have been addressed in any application submitted for development approval. Definitions for uses and terms in this section may be found in Article XVIII. Other accessory uses not listed on the following table are not allowed in the RM district unless determined by the zoning administrator to be similar to a permitted use in accordance with provisions for unlisted uses, section 78-70.1(f).

(1)

"P" permitted. A "P" in a cell indicates that a use category or use type is permitted by right in the respective zoning district, subject to compliance with the use-specific standards set forth in the final column of the table of permitted and allowed accessory uses in RM district, if any. Permitted uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article XIII, Accessory Use Regulations.

(2)

"S" special exception uses. An "S" in a cell indicates that a use type is permitted by special exception in the respective zoning district, subject to compliance with the use-specific standards listed in the final column, of the table of permitted and allowed accessory uses in RM district, if any. Allowed uses are subject to all other applicable regulations of this chapter, including those set forth in Article XI, Development Standards, and Article XIII, Accessory Use Regulations.

(3)

Table of permitted and allowed accessory uses in the RM district.

Table 78-30.4(d)(3): Permitted and Allowed Accessory Uses RM
KEY: P = Use Permitted By Right; S=Use Allowed Subject to Special Exception Approval;
Uses may be subject to use specific standards as noted in the last column
ACCESSORY USERMSupplemental Use Regulations
Accessory Food Preparation - Wet Bar P §78-80.4(b)
Antennae co-location P §78-80.4(c)
Commercial Communication Towers, Freestanding S §78-71.13
Home-Based Business, Including Daycare or Childcare P §78-80.5
Minor Utilities P §78-80.4(m)
Parapets, Penthouses for Equipment and Other Roof Structures P §78-80.3(d)
Recreational Vehicle Parking and Storage of Individually-Owned Vehicles P §78-80.4(q)
Short-term rental P §78-80.4(u)
Small cell facilities on a utility distribution or transmission pole P §78-71.13
Social Service and Similar Community Service Uses S §78-80.4(s)
Features such as fences, walls, retaining walls, gate houses, trash enclosures, refuse containers, screening enclosures, storage sheds, and swimming pools P §78-80.3(c)
§78-21(f)

 

(4)

Accessory structures in the RM district. Accessory Structures within the RM district shall conform to the standards of Article VIII, Accessory Uses.

(e)

Temporary uses and structures. Temporary uses or structures shall be permitted and governed per Article IX, Temporary Uses and Structures.

(f)

Restricted and prohibited uses. Additional use limitations apply to certain uses in the RM district as follows:

(1)

Parking of recreational and commercial vehicles. The parking of recreational vehicles in the RM district shall be subject to the provisions of section 78-80.4(q) and the parking of commercial vehicles in the R-10 district shall be subject to section 78-100.9(b).

(2)

Vehicular repair and sales. Vehicle repair, including engine, body, or other repair or repainting of vehicles owned by a person not residing at the address is prohibited in the RM district. The commercial display and sale of vehicles is prohibited but the sale of individually owned vehicles may be permitted pursuant to section 78-80.1(g).

(3)

Portable storage units. Portable storage units may not be established as an accessory structure on a residential site in the RM district. For provisions about use of portable storage units as a temporary use, see section 78-90.4(a)(4).

(g)

Dimensional standards. Structures in the RM residential zoning district are subject to the dimensional standards set forth in Table 78-30.4(g): RM Table of Dimensional Standards. These standards may be further limited or modified by other applicable sections of this chapter. Accessory structures are subject further to the standards in Article VIII. Definitions for terms in this section may be found in Article XVIII, Definitions.

TABLE 78-30.4(g): RM DIMENSIONAL STANDARDS
STANDARDPERMITTED USESNONRESIDENTIAL SPECIAL EXCEPTION USES
Density, Maximum N/A a
   Townhouses 10 dwelling units per acre
   All other permitted dwelling unit types 15 dwelling units per acre
   Multi-Family Units
   (above 15 units per acre only with Special Exception approval) 		22 1 dwelling units per acre
Dwelling Unit Size, Minimum 1,800 sq. ft. for townhouses N/A a
Lot Area, Minimum 8,500 sq. ft. 8,500 sq. ft.
Lot Width, Minimum at setback line (feet)
   Townhouse/Duplex 22' 2,3
   End Unit Townhouse 34' 3,4
   Multi-Family Interior Lot 80'
   Multi-Family Corner Lot 100'
   Interior Lot 90'
   Corner Lot 100'
Setback, Minimum (feet) 50' from property lines along street bounding development or as specified in buffer classification in section 78-110.4(e)(3)a. and section 78-110.4(e)(3)b. 3 ,
whichever is greater 		35' from edge of ROW b ,
60' from centerline,
or building height c ,
whichever is greater
Side Yard, Minimum (feet) 10', end units only 3 Adjacent to a residential district d : 10, or
equal to building height c ,
whichever is greater
All other: 10'
Rear Yard, Minimum (feet) 20', within each lot 3 Adjacent to a residential district d : 25', or
equal to building height c ,
whichever is greater
All other: 25
Height, Maximum (feet) 45' 45'
Open space, Minimum (%) 30% 5 30%
Lot coverage, Maximum 6 (%) 30% for multi-family 25%
Impervious surface area, Maximum, (including buildings) (%) 75% 50%
Impervious Surface Area, Maximum (%) 7 75% 50%
Distance between paved surfaces and any property line, Minimum (feet) 2' except as provided for in landscape requirements Article XI, development standards Subject to buffer requirements for nonresidential uses in Article XI, development standards.
Distance between buildings on individual lot, Minimum (feet) 30' between building groups;
10' between principal structures and accessory structures on the same lot 		Subject to buffer requirements for nonresidential uses in Article XI, development standards.
Distance between accessory structure and property line, Minimum (feet) Subject to buffer requirements for nonresidential uses in Article XI, development standards. Subject to buffer requirements for nonresidential uses in Article XI, development standards.
Abbreviations
a N/A: Indicates that the standard does not apply to this type of use in this zoning district.
b ROW: "Right-of-way" can pertain to either a public or private street and excludes private access easements that do not meet the definition of a private street.
c Building Height: Indicates that the required setback or yard is equal to the height of the tallest building on the site where the setback or yard is required.
d Adjacent to a Residential District: Indicates that a special side or rear yard requirement (identified in the table) applies for every lot line abutting existing single-family detached development or undeveloped land in a single-family detached zoning district.
Footnotes
1  Multifamily dwellings are permitted by-right up to a density of 15 dwellings per acre. Special Exception approval per section 78-155.3, is required for any multifamily dwelling exceeding 15 dwelling units per acre and up to the maximum permissible gross density of 22 units per acre.
2  Excludes side yard of building groups.
3  May also be affected by § 78-30.6(b), developments containing multi-family, townhouse, rental townhouse residential, quadraplex and duplex dwellings. 4  Based on minimum end unit width of 24 feet with a ten-foot side yard
5  As share of development site and exclusive of permeable land in individual lots.
6  Maximum building coverage on individual lot as a share of site, including buildings

 

(h)

Open space. A minimum of 30 percent of the development site shall be designated as open space exclusive of permeable land in individual lots.

(i)

Development standards. Development in the RM zoning district shall be subject to all applicable standards of Article XI, Development Standards and specific standards as follows:

(1)

Landscaping, buffering and screening. Development in the RM district shall conform to the landscaping, buffer and screening standards in Article XI, Development Standards and Perimeter Buffer Strip Requirements for Residential Districts in Tables 78-110.3(e)(4)a. and 78-110.3(e)(4)b.

(2)

Exterior lighting. Development in the RM district shall conform to the exterior lighting standards for residential districts in section 78-130.9

(3)

Fences and walls. Development in the RM district shall conform to the applicable standards for residential districts in section 78-115.2 and 78-115.2(i), specifically.

(j)

Noise, vibration, etc. Development in the RM district shall conform to the applicable performance standards of Article XIII, Performance Standards.

(k)

Parking and circulation. Development in the RM district shall be subject to all applicable standards of Article X, Parking, Loading, and Circulation and section 78-100.9(b), specifically.

(l)

Signs. Signs in the RM district shall be subject to the provisions of Article XIV.

(m)

Nonconformities. Nonconforming uses and structures in the RM district shall be subject to the provisions of Article XVI.

(n)

Application requirements and application review process. Applications for development in the RM district shall be subject to Article XV.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 19-O-43, § 1, 12-10-2019; Ord. No. 20-O-01, § 1, 1-14-2020)

Sec. 78-30.5. - Additional standards for residential districts.

(a)

Frontage. All lots shall have frontage on a public street, except as may be noted in section, 78-71.1(d)(4)2. and section 78-30.5(b).

(b)

Pipestem lot standards. Pipestem lots may permitted in residential districts as follows:

(1)

Rationale. A pipestem lot shall be allowed in a residential district only when:

a.

The pipestem lot significantly improves the location, shape, size, or utility or public land or facilities required to be dedicated or constructed in conjunction with the subdivision of the property;

b.

The pipestem lot significantly improves the location, shape or size of open space in common areas in the subdivision of the property; or

c.

The pipestem lot contributes to the conservation and preservation of the natural features of the property being subdivided.

(2)

Limit on number. Pipestem lots shall represent no more than ten percent of the total number of lots shown on any single plat of subdivision.

(3)

Limit on contiguous lots. No more than two pipestem lots shall be contiguous. Such lots shall be contiguous only when used in conjunction to provide a single common driveway.

(4)

Ingress and egress. Adequate ingress and egress easements shall be provided when more than one lot is to use a common driveway.

(5)

Driveways. Pipestem lot driveways shall meet all design and construction standards adopted by the town or the equivalent of such standards, subject to the approval of the town council.

(6)

Front setback. No structure in an R-15 that is approved for development on a pipestem lot shall be located closer than 35 feet to any front lot line. No structure in an R-10 district that is approved for development on a pipestem lot shall be located closer than 25 feet to any front lot line.

(7)

Yard requirements for pipestem lots. Required yards shall be located such that:

a.

When two pipestem lots form a T configuration and are served by a single common driveway, the location of the front yard shall be that area abutting the pipestem.

b.

When two pipestem lots form a flag-shaped configuration, the location of the front yard shall be that area abutting the pipestem.

c.

Front yards for all other pipestem lots shall be determined to be that area adjacent to any lot lines which would be intersected by a line drawn perpendicular from the architectural front of the main structure at any and all points along the front surface.

d.

The location of all other yards shall be determined by the relationship to the front yard and shall be subject to final approval by the town council. All subsequent revisions to the approved plan shall require further approval by the town council.

(Ord. No. 17-O-13, 8-8-2017)

Sec. 78-30.6. - Specific use standards for residential districts.

All uses shall comply with all applicable standards in this chapter.

(a)

Single-family detached dwellings. All single-family detached dwellings shall be subject to the following standards:

(1)

Frontage requirements. All lots shall have frontage on a public street with at least 30 feet in right-of-way width, except in planned development-downtown and planned development traditional downtown, where private streets may be used to add flexibility for site design in urban conditions.

(2)

Single lot development. Single lot development shall be subject to additional standards in section 78-155.6.

(Ord. No. 17-O-13, 8-8-2017; Ord. No. 25-O-01, § 1, 1-28-2025)