James City County Unincorporated
City Zoning Code

The purpose and intent of this article is to achieve innovative and quality designs of residential developments above one dwelling unit per acre that provide avenues for affordable and workforce housing, minimize environmental impacts, provide for usable and meaningful open space, and provide recreation amenities within a more practical and efficient development. Recognizing that greater variety and affordability are more obtainable with higher densities, developers have the flexibility to provide this product and still provide reasonable amenities within variously priced residential cluster communities. Hand in hand with the opportunities offered in higher density development is the expectation that the development will provide certain benefits to the community. As stated in the comprehensive plan, examples of these benefits include mixed-cost housing, affordable and workforce housing, unusual environmental protection or development that adheres to the principles of open space development design. Such design may include maintaining open fields; preserving scenic vistas; protecting wildlife habitats and corridors; retaining natural vegetative buffers around water bodies, wetlands, and along roads; preserving historic sites; creating adequate recreational areas; designing efficient pedestrian circulation to include trail systems; and ensuring that common land adjoins protected open space on adjacent parcels.

(Ord. No. 31A-88, § 20-153.1, 4-8-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

A "residential cluster development," for purposes of this article, shall be a planned development of land consisting of predominantly residential uses together with its recreational facilities, supporting roads, utilities and other public facilities.

(Ord. No. 31A-88, § 20-153.2, 4-8-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99)

A residential cluster development is permitted in the R-1 and R-2 zoning districts inside the primary service area. The requirements of this article shall govern where there is a conflict with the requirements of the underlying district.

(Ord. No. 31A-88, § 20-153.3, 4-8-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

The minimum site size for a residential cluster development is five acres, except that extensions to an existing cluster development may be less than five acres. The planning director may waive the minimum site size requirements for residential cluster developments which provide affordable and workforce housing set forth in section 24-549 below. However, in no case shall such development be less than two acres. Such a waiver may be considered upon the applicant providing a written request to the planning director to waive the minimum acreage requirement demonstrating to the satisfaction of the planning director that:

(1)

The proposed development is consistent with the comprehensive plan;

(2)

Verification of affordable and workforce housing is provided; and

(3)

Evidence that the property can be subdivided as proposed.

Upon receipt of the request, the planning director shall, within thirty days of the request, either grant or deny the waiver with reasons to that effect.

(Ord. No. 31A-88, § 20-153.4, 4-8-85; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

Uses permitted in a residential cluster development shall be the same as those permitted in the zoning district in which the residential cluster development is located. In the event that the individual units within attached dwellings are proposed to be sold as separate living units, the attached dwelling may be divided to permit separate deed descriptions for conveyance purposes. A limited amount of commercial development may be allowed within residential clusters as permitted in the zoning district in which the development is located. Commercial uses shall be shown on the master plan and be consistent with the Comprehensive Plan land use description and development standards.

(Ord. No. 31A-88, § 20-153.5, 4-8-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

Lots in a residential cluster development shall be served by a public sewage disposal system and a public water system.

(Ord. No. 31A-88, § 20-153.6, 4-8-85)

(a)

Right-of-way buffer. Within any residential cluster approved under this division, there shall be planned and maintained buffers along all external existing and planned arterial road rights-of-way, as follows:

(1)

The minimum right-of-way buffer on Community Character Corridor roads as defined in the Comprehensive Plan shall be 150 feet, except when the average lot depth of the parent parcel is less than 600 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(2)

The minimum right-of-way buffer on all non-Community Character Corridor roads shall be 75 feet, except when the average lot depth of the parent parcel is less than 300 feet. In those cases, the required buffer shall be at a depth of 25 percent of the average lot depth.

(3)

The right-of-way buffer shall be planted in accordance with section 24-96, General landscape area standards. Buffers along community character corridor roads shall also adhere to the community character corridor buffer treatment guidelines and map.

(b)

Perimeter buffers. Within any residential cluster approved under this division, there shall be planned and maintained a perimeter buffer along the perimeter property lines of the development, except for areas adjacent to road rights-of-way. The minimum perimeter buffer shall be 35 feet. Landscaping guidelines for perimeter buffers shall follow the requirements in section 24-96 of this chapter.

(c)

Waiver provisions. In instances where properties have more than a 300-foot average depth and are located along a Community Character Corridor, or in all instances of perimeter buffers, the planning director may reduce the buffer depth requirements specified in (a) and (b) of this section for residential developments when:

(1)

The development is less than five acres and a majority of the development=s units are dedicated to affordable and workforce housing; or

(2)

The developer demonstrates that due to natural or protected features, or due to adjoining physical features, a reduced buffer will screen the development as effectively as a full buffer; or

(3)

The developer demonstrates that the development will be adequately screened and buffered from the road using berms and landscaping. Such a request shall be supplemented with a landscaping plan and/or planting plan with photos of the existing site.

In no case shall the right-of-way buffer be reduced by a waiver provision to less than 75 feet. The perimeter buffer shall not be reduced by a waiver provision to less than 20 feet. The planning director may also, in the event of granting a waiver, require additional landscaping as determined on a case by case basis.

(d)

Modifications to the landscape requirements. The planning director may modify, permit substitutions, or permit transfer of required landscaping in accordance with the provisions set forth in article II, division 4 of this chapter.

(e)

Requirements for buffers. All required buffers shall be exclusive of lots, remain free of structures and parking, and remain undisturbed, except for additional plantings and selective clearing approved by the planning director or his designee. Soil stockpiles and staging areas shall not be permitted within any buffer, except that temporary soil stockpiles may be allowed upon approval by the planning director under the following circumstances:

(1)

The buffer in which the temporary stockpile is to occur is non-wooded, defined as having no mature trees.

(2)

The stockpile shall not be visible from a Community Character Corridor or Community Character Area, unless the soil stockpiling is needed for approved berming in that buffer.

(3)

Stockpiles shall not exceed 35 feet in height.

(4)

Stockpiles shall be temporary, with a time limit of six months.

(5)

Once the use of the temporary soil stockpiles is completed, the ground must be adequately prepared for planting and revegetated in a manner that meets or exceeds the amount and quality of vegetation on the site previously.

(6)

Stockpiling shall conform with any applicable requirements of the Virginia erosion and sediment control regulations, the Virginia Erosion and Sediment Control Handbook and county erosion and sediment control program policies.

(f)

Limitations on buffers. Structural BMPs such as wet and dry ponds shall not generally be permitted in the buffers, except that the planning director may approve them under the following circumstances:

(1)

The need is necessitated by site conditions rather than economic factors; and

(2)

The screening/buffering effect of the buffer has been retained by the design of the BMP and any degradation has been mitigated with additional plantings or berms as necessary.

(g)

Improvements allowable within buffers. An entrance road, community and directional signage, bicycle and/or pedestrian paths, and utility connections and drainage improvements shall be permitted within the buffer with approval of the planning director. Permitted utilities and constructed drainage conveyance systems shall cross the buffer at or near a perpendicular angle to the property line, with clearing kept to a minimum necessary to accommodate the utilities, except that minor improvements to natural drainage channels may be permitted at a different angle to the property line upon approval of the planning director.

(h)

Roads within buffers. Entrance roads through these buffers shall be built to the narrowest cross-section possible. Roads and open space shall be located and designed in a manner that minimizes views of structures within the development from the adjoining primary or secondary road as determined by the planning director.

(i)

Appeals. In the event the planning director disapproves the items specified in (c), (d), (e), (f), (g), and (h) in this section or recommends conditions or modifications that are unacceptable to the applicant, the applicant may appeal the decision of the planning director to the development review committee which shall forward a recommendation to the planning commission. Any appeal shall be in writing and may be subject to fees as specified in article I of this chapter.

(Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

The minimum setback from the right-of-way shall be shown on the plan of development and on the recorded subdivision plat. The minimum setback from external streets shall be the same as that required by the zoning district in which the lot is located, except as superseded by section 24-544. The minimum setback from internal streets may be reduced to zero, provided that no building in a residential cluster shall be closer than 25 feet to the internal edge of perimeter buffers. Off-street parking shall not be permitted within the required setbacks, except that parking spaces for single-family and two-family dwellings may be located within the required setback.

(Ord. No. 31A-88, § 20-153.8, 4-8-85; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

There are no lot width or area requirements.

(Ord. No. 31A-88, § 20-153.9, 4-8-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99)

The rear and side yards may be reduced to zero feet subject to the following conditions:

(a)

The minimum distance between any two buildings within the residential cluster development shall be governed by the Virginia Uniform Statewide Building Code.

(b)

No building in a residential cluster development shall be closer than 25 feet to the internal edge of perimeter buffers.

(c)

Easements or covenants establish the rights of two abutting properties where main buildings are to be constructed on or within five feet of a property line. Such easements or covenants shall establish the rights of each affected owner to gain access to each owner's building for purposes of essential maintenance and service. Documents establishing such easements or covenants shall be satisfactory to the county attorney and submitted prior to approval of the development plan.

(Ord. No. 31A-88, § 20-153.10, 4-8-85; Ord. No. 31A-89, 9-9-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-145, 7-6-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

Editor's note— Ord. No. 31A-357, adopted May 9, 2023, repealed § 24-548, which pertained to Density and derived from Ord. No. 31A-88, § 20-153.11, adopted April 8, 1985; Ord. No. 31A-137, adopted Feb. 18, 1992; Ord. No. 31A-145, adopted July 6, 1992; Ord. No. 31A-175, adopted March 25, 1997; Ord. No. 31A-197, adopted May 25, 1999; Ord. No. 31A-279, adopted Nov. 27, 2012.

No project shall have a net density (including bonuses) of more than four units per acre. In order to achieve the net densities listed below, the developer shall provide at least the minimum amount of open space, and shall make assurances in a master plan, proffers, or other document approved by the county attorney, for the density bonus items. The approval process for cluster development shall be as stated in section 24-556.

(Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12; Ord. No. 31A-357, 5-9-23)

Within every residential cluster development approved under this division, there shall be planned and set aside permanently an amount of open space to be maintained exclusively for conservation and recreation purposes.

(a)

Non-developable areas shall be maintained as open space and shall not be included on any private lot, and should be protected through a conservation easement dedicated to the county or other legal entity approved by the county attorney.

(b)

In addition, a percentage of the developable area shall also be set aside as open space, as specified in section 24-549. The developable area open space may include, but is not limited to:

(1)

Areas on site necessary to meet county policies pertaining to natural resources, archaeology, and parks and recreation;

(2)

Areas on site used to achieve density bonus points in accordance with section 24-549;

(3)

The following areas, up to the percent specified:

a.

Golf courses cannot exceed 30 percent of the developable open space required

b.

Required right-of-way and perimeter buffers cannot exceed 50 percent of the developable open space required, and

c.

Stormwater management facilities cannot exceed 20 percent of the developable open space required (this limitation applies to structural best management practices such as wet and dry ponds, but does not apply to bioretention or other low impact design measures).

(c)

For the purpose of meeting the developable open space requirements specified in (b), open space area may not include:

(1)

Area on any individual private lots, or in the case of condominiums, within 15 feet of the units, or

(2)

Land within public road rights-of-way and utility or drainage easements.

(d)

Conceptual and/or master plans shall include a table with the open space information as follows:

(e)

Open space shall be arranged on the site in a manner that coordinates with section 24-551, Open space development design elements. While every site is different, the applicant, as part of the conceptual and/or master plan review process, shall demonstrate through a narrative document or exhibits that the following were considered in designing the open space:

(1)

Conservation/general open space:

a.

Located to preserve existing significant natural and historic features and scenic viewsheds such as ponds and views to open water, particularly those that can be seen from public roads;

b.

Located to adjoin any neighboring areas of open space, other protected areas, and non-protected natural areas that would be candidates for inclusion as part of a future protected open space;

c.

Located to be interconnected and contiguous to the extent possible, and located to benefit and be accessible to the maximum number of units; and

d.

Prominently located within the development (for example, at the terminus of key views along roads, at the intersection of arterial or collector streets, at topographic high points or centrally located within the residential area).

(2)

Recreation

a.

Cluster developments shall adhere to the parks and recreation master plan proffer guidelines. Any additional land intended for recreation shall be useable for the purpose intended, and also follow the design specifications in the parks and recreation master plan proffer guidelines.

(Ord. No. 31A-88, § 20-153.14, 4-8-85; Ord. No. 31A-112, 2-6-89; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

While every site is different, the applicant, as part of the conceptual and/or master plan review process, shall demonstrate through a narrative document or exhibits that the following were considered in designing the development. These considerations shall be coordinated with the open space design.

(a)

The design should take advantage of the compact design by clustering development into a walkable scale neighborhood and preserving significant open space and natural features;

(b)

The development should be designed to complement existing topography and minimize the need for alteration of the landscape;

(c)

The development should use a mixture of diverse unit types, lot sizes, and/or unit prices; and

(d)

The design should use a creative layout. Examples include:

(1)

Fronting on open space;

(2)

Constructed with one side exterior wall along the side property line to allow side or rear yard garages;

(3)

Detached or attached homes on loop lanes;

(4)

Use of better site design techniques such as group or shared parking, and shared driveways; and

(5)

Clear access from the units to the open space by abutting it, or via sidewalks or trails.

(Ord. No. 31A-279, 11-27-12)

A homeowners association shall be established in accordance with chapter 19 of the county code. The homeowners association documents shall set forth the nature (recreation or conservation) and location of the open space(s) either through illustration or through incorporation by reference of the development's master plan. The documents shall generally describe the use and maintenance standards necessary to adhere to the nature of the open space(s) as shown on the development's master plan.

(Ord. No. 31A-88, § 20-153.15, 4-8-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

To assure an appearance and condition which is consistent with the purpose of the residential cluster development overlay district, structural BMPs serving the properties within the district shall comply with the landscaping regulations in article II, division 4 of this chapter.

(Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

For all improvements proposed by the applicant pursuant to section 24-549, assurances shall be provided, satisfactory to the county attorney, that such improvements will be constructed and completed for use by project residents within a specific, reasonable period of time.

(Ord. No. 31A-88, § 20-153.13, 4-8-85; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-279, 11-27-12)

Pedestrian accommodations shall be provided in accordance with section 24-35.

(Ord. No. 31A-279, 11-27-12)

(a)

Conceptual plan and master plan. Any conceptual plan or master plan for a residential cluster development proposed under this division shall include the elements listed below. For master plans, these elements shall be in addition to meeting the requirements of section 24-23.

(1)

Depiction and/or documentation of the items that the applicant plans to pursue when a bonus density above the base density is sought;

(2)

Conceptual development design, including required setbacks and buffers, and illustration of the features listed above in the open space and open space development design sections;

(3)

Marginal data and depiction which shows the gross acreage of the site, the nondevelopable area, the total number of dwelling units and/or lots, and, in the table format specified in section 24-550, the amount of open space required and the amount of open space provided; and

(4)

Conceptual stormwater design, illustrating use of better site design and low impact development techniques, where possible.

(b)

Approval process.

(1)

In instances where a special use permit is not required by the residential district, a master plan shall be filed with the planning director who shall recommend action on the plan to the development review committee, which shall forward a recommendation to the planning commission. The planning commission shall approve the master plan upon finding that the proposed cluster development meets the requirements of this ordinance and is in accordance with the applicable residential designation description of the Comprehensive Plan.

(2)

In instances where a special use permit is required by the residential district:

a.

Prior to submission of a master plan for legislative action, the applicant is strongly encouraged to file a conceptual plan for review by the development review committee. The development review committee shall provide a recommendation on the conceptual plan based upon its findings regarding the extent that the proposed cluster development meets the requirements of this ordinance and is in accordance with the applicable residential designation description of the comprehensive plan.

b.

A master plan in accordance with section 24-23 shall be submitted and shall follow the process established in that section. The recommendations and findings of the development review committee on any conceptual plan shall be presented to the planning commission.

(Ord. No. 31A-88, § 20-153.16, 4-8-85; Ord. No. 31A-97, 6-2-86; Ord. No. 31A-112, 2-6-89; Ord. No. 31A-137, 2-18-92; Ord. No. 31A-197, 5-25-99; Ord. No. 31A-233, 12-11-07; Ord. No. 31A-279, 11-27-12)