Purpose. The purpose of the Open Space is to:

• Promote the public health, safety, and welfare;
• Provide consistent open space standards;
• Implement the General Plan's open space goals;
• Provide the open space appropriate to each zoning district;
• Ensure light, air, and space in all new development;
• Preserve and restore the County’s natural, environmental, and heritage resources; 
• Ensure the availability of open space for active and passive recreation; and
• Provide open space and amenities in proximity to users, which promotes compact development patterns and reduces the consumption of resources and capital costs.

1. A.
   Applicability.

   1. 1.
      Compliance with Section 7.02 is required prior to approval of any Site Plan or Subdivision, except as provided in Section 7.02.A.3. 
   2. 2.
      Any application pursuant to 10.10 or 10.11 must demonstrate consistency or the ability to comply with the requirements of Section 7.02.
   3. 3.
      With approval of a Concept Development Plan that provides locations and amounts of open space are for the entire project area in conformance with Section 7.02, individual Site Plan or Subdivision applications in substantial conformance with the Concept Development Plan will be deemed in conformance with Sections 7.02.B. and C.
   4. 4.
      Exemption. Public facilities are exempt from the requirements of Section 7.02.
2. B.
   Amount. Required minimum amounts of open space for each zoning district are provided in Table 7.02-1. 

   1. 1.
      Additional open space may be required pursuant to Chapter 2, Chapter 4, and Section 7.10. 
   2. 2.
      Open space provided to meet the required minimum amount of Table 7.02-1 cannot be used to meet the following requirements: 

      1. a.
         Section 2.01.01.E Transit Related Center (TRC) Mix of Uses; 
      2. b.
         Section 2.02.01.D Suburban Neighborhood (SN) Mix of Uses; 
      3. c.
         Section 2.02.03.D Town Center (TC) Mix of Uses; 
      4. d.
         Section 2.03.01.D Transitional Residential (TR) Mix of Uses; 
      5. e.
         Section 2.03.02.D Transition Small Lot Neighborhood (TSN) Mix of Uses; 
      6. f.
         Section 2.03.03.D Transition Compact Neighborhood (TCN) Mix of Uses; and
      7. g.
         Section 2.03.04.D Transition Community Center (TCC) Mix of Uses. 
   3. 3.
      Minimum required amounts of open space are calculated as a percent of the gross area of the project site.
   4. 4.
      Minimum amounts of open space provided in Table 7.02-1 may be modified pursuant to Section 10.04 or Section 10.10.04.C. for the redevelopment of sites developed prior to December 13, 2023, provided that open space will be provided in excess of original site development approvals and no less than 10% of the gross area of the project site. 

3. C.
   Calculating Open Space Area Provided.

   1. 1.
      Open space previously provided on subdivision, construction plans and profiles, and Site Plan applications approved prior to December 13, 2023, is exempt from, and may not be calculated or recalculated pursuant to, Section 7.02.C.
   2. 2.
      The aggregate calculation of the various provided Open Space types is used to satisfy the minimum Open Space requirement.

      1. a.
         Generally, open spaces related to conservation and preservation are given a higher factor (150%); traditional open spaces (Setbacks, Yards, Parks, Active Recreation, and Passive Recreation) are factored at 100%; and marginal or off-site open spaces are factored at 50%.
      2. b.
         The full listing of open space types and qualifying characteristics is provided in Table 7.02-2. 
      3. c.
         The area of open space provided is then calculated by multiplying the area of land that meets all the type's qualifying characteristics by the factor for such type (see Sample Open Space Factor Calculations, below). Refer to Figure 7.02-2.
   3. 3.

      Areas of land that do not meet all qualifying characteristics for a type listed in Table 7.02-2 cannot be provided as open space. 

   4. 4.
      The sum of all areas of land for each type listed in Table 7.02-2 that may be provided as open space must be equal or greater than the minimum amount of required open space under Section 7.02.B.
   5. 5.
      Areas that meet the qualifying characteristics of more than 1 type can be used only once. The highest factor governs, except for off-site type in accordance with Section 7.02.D.3 and under overhead utility easement types. 

3.  
   6. 6.
      Required Active Recreation Open Space. Development of 5 or more dwelling units must provide a portion of the required open space as active recreation open space as follows:

      1. a.
         A minimum of 5,000 square feet for the first 10 dwelling units plus: 

         1. 1.
            200 square feet for each additional SFA or MF dwelling unit; and
         2. 2.
            100 square feet for each additional SFD dwelling unit; and
      2. b.
         SFD dwelling units will be counted towards the 10 dwelling units before SFA or MF dwelling units; and
      3. c.
         Exceptions:

         1. 1.
            Attainable housing units are not included in the calculation of Section 7.02.C.6;
         2. 2.
            Active recreation open space may be provided but is not required within TRC, TC, PD-MUB, R-1, JLMA-1, JLMA-2, JLMA-3, and Rural Zoning Districts; and
         3. 3.
            In the PD-H Zoning District required active recreation open space may be located outside of residential land bays if such location creates more functional active recreation areas.

4. D.
   Ownership and Location.

   1. 1.
      Owners Association.

      1. a.
         Where any development of multiple lots provides open space to satisfy the requirements of Section 7.02, such required open space must be owned and managed by an Owners Association pursuant to Section 7.09 and maintained in accordance with Section 7.02.G, below. 
      2. b.
         Exceptions. Required open space for residential development of 4 or fewer lots in the TR Zoning District may be provided on the individual lots.
   2. 2.
      Connected.

      1. a.
         Areas of required open space must be adjacent to other areas of required open space or be connected by a pedestrian and bicycle network.
      2. b.
         Exception. Agricultural open space is not required to be connected or adjacent to areas of non-agricultural open space.
   3. 3.
      Off-Site.

      1. a.
         Required open space may be provided off-site only by Special Exception approval pursuant to Section 10.11.01.
      2. b.
         Such off-site open space must meet all of the following:

         1. 1.
            Be offered to the County in fee simple;
         2. 2.
            Be provided as commonly owned open space if not accepted by the County;
         3. 3.

            Be subject to a permanent open space easement acceptable to the Board of Supervisors;

         4. 4.

            Create a more environmentally significant open space;

         5. 5.
            Be located in the same planning subarea as identified in the latest Capital Needs Assessment;
         6. 6.

            Be in conformance with a type, and meet all associated qualifying characteristics, listed under Table 7.02-2 with a factor of 100% or 150% or the Dedicated for Public Use type;

         7. 7.
            Cannot be used to meet active recreation open space requirements under Section 7.02.C.6; and
         8. 8.
            Cannot be used where open space is required in Table 7.02-1 to maintain density.
5. E.
   Permanent Open Space Easement. Open space must be subject to a permanent open space easement acceptable to the Board of Supervisors, as follows: 

   1. 1.
      In Rural and Transition Zoning Districts. Exception. No permanent open space easement is required for development in the Transition Community Center (TCC) Zoning District;
   2. 2.
      Open space type identified in Table 7.02-2 with a factor equal to 150%; or
   3. 3.
      Off-site open space pursuant to Section 7.02.D.3. 
6. F.
   Development Schedule.

   1. 1.
      When a development shown on a Concept Development Plan is to be constructed in phases, the timing of the provision of required open space must be specifically addressed in a development schedule.
   2. 2.
      Unless an alternate timing is specified by approved proffers, required open space must be constructed and available for use at an equivalent or greater rate than the construction of adjacent lots and uses.
7. G.
   Maintenance.

   1. 1.
      Maintenance of required open space is the responsibility of the owner of the parcel upon which such open space is located, to the extent such open space maintenance is not the responsibility of an Owners Association. 
   2. 2.
      In order to be considered as continuing to meet the open space requirements, land provided as open space must be maintained in accordance with the following and any applicable proffers or conditions of approval: 

      1. a.
         For all required open space, the following must be performed regularly: 

         1. 1.
            Removal of diseased, invasive, and noxious plants; and 
         2. 2.
            Removal of trash, debris, and graffiti; and 
      2. b.
         For areas designated as active recreation, passive recreation, and community open space the following must be performed regularly:

         1. 1.
            Maintenance, repair, and replacement of structures, facilities, and equipment installed within such open space areas;
         2. 2.
            Maintenance of all prepared surfaces, such as but not limited to: 

            1. a.
               Shared use paths and trails;
            2. b.
               Hardscape; and 
            3. c.
               Sports courts and ballfields; and
         3. 3.
            Lawn care and maintenance; 
         4. 4.
            Installation of replacement annual and biennial plant materials; 
         5. 5.
            Removal and replacement of dead or dying vegetation installed to meet landscaping, buffer, and screening requirements under Section 7.04; and 
         6. 6.
            Snow removal from shared use paths and trails. 
8. H.
   Use.

   1. 1.
      Use of required open space is in accordance with the applicable type listed under Table 7.02-2. 
   2. 2.
      Additional uses permitted in required open space are provided in the Use Tables of Section 3.02. 

       

       

Effective on: 1/1/1901

Purpose. The purpose of Tree Planting, Replacement, and Preservation is to:

• Provide regulations for the planting and replacement of trees destroyed or damaged during the development or redevelopment process, pursuant to Code of Virginia § 15.2-961;
• Encourage the preservation of existing trees to meet canopy requirements;
• Promote tree planting and preservation to reduce the heat island effect, manage stormwater run-off, and improve and protect water quality, air quality, and wildlife habitat;
• Prioritize the planting of native vegetation, specifically along those wildlife corridors that provide connections to other natural, environmental, and heritage resources; and
• Ensure that new development, redevelopment, and infill development incorporates existing native vegetation and plantings of native vegetation into the landscape design to the extent feasible.

1. A.
   General Standards. The following general standards apply to the Tree Planting, Replacement, and Preservation requirement:

   1. 1.
      All trees to be planted must meet the specifications of AmericanHort;
   2. 2.
      The planting of trees must be done in accordance with either the standardized landscape specifications jointly adopted by the Virginia Nursery and Landscape Association, the Virginia Society of Landscape Designers, and the Virginia Chapter of the American Society of Landscape Architects, or the road and bridge specifications of the Virginia Department of Transportation;
   3. 3.
      Minimum plant sizes must be provided in accordance with Section 7.04.07.D; and
   4. 4.
      All existing and new vegetative material required to meet the tree canopy requirements must meet the standards of the Facilities Standards Manual (FSM).
2. B.
   Canopy Requirements.  

   1. 1.
      Site Plan/Construction Plans and Profiles. A Site Plan, or Construction Plans and Profiles for single-family attached (SFA) units in those zoning districts where applicable, required under Section 10.06, must include the planting and replacement of trees on site to the extent that, at maturity of 20 years, minimum tree canopy must be provided in accordance with Table 7.03-1.

      Table 7.03-1. Canopy Requirements
      Development Type		Percentage
      1	Sites zoned business, commercial, or industrial in the TRC, UE, TC, CC, PD-CC, OP, PD-RDP, IP, GI, MR-HI, TCC, RC, PD-H, PD-MUB, PD-SA, GB, and CLI Zoning Districts	10%
      2	Residential sites zoned SCN-24, PD-H, and R-24 with densities of 20 or more units per acre	10%
      3	Residential sites zoned SCN-16, PD-H, and R-16 for multifamily and SFA units with densities of 11 to 19 units per acre	15%
      4	Residential sites zoned SCN-8, SN-6, SN-4, PD-H, R-8, R-4, and R-3 for multifamily and SFA units with densities of 3 to 10 units per acre	20%
      5	Cemetery as defined in Code of Virginia § 54.1-2310, regardless of the zoning district in which it is located	10%

      Table 7.03-1. Canopy Requirements
      Development Type		Percentage
      1	Sites zoned business, commercial, or industrial in the TRC, UE, TC, CC, PD-CC, OP, PD-RDP, IP, GI, MR-HI, TCC, RC, PD-H, PD-MUB, PD-SA, GB, and CLI Zoning Districts	10%
      2	Residential sites zoned SCN-24, PD-H, and R-24 with densities of 20 or more units per acre	10%
      3	Residential sites zoned SCN-16, PD-H, and R-16 for multifamily and SFA units with densities of 11 to 19 units per acre	15%
      4	Residential sites zoned SCN-8, SN-6, SN-4, PD-H, R-8, R-4, and R-3 for multifamily and SFA units with densities of 3 to 10 units per acre	20%
      5	Cemetery as defined in Code of Virginia § 54.1-2310, regardless of the zoning district in which it is located	10%

      Table 7.03-1. Canopy Requirements
      Development Type		Percentage
      1	Sites zoned business, commercial, or industrial in the TRC, UE, TC, CC, PD-CC, OP, PD-RDP, IP, GI, MR-HI, TCC, RC, PD-H, PD-MUB, PD-SA, GB, and CLI Zoning Districts	10%
      2	Residential sites zoned SCN-24, PD-H, and R-24 with densities of 20 or more units per acre	10%
      3	Residential sites zoned SCN-16, PD-H, and R-16 for multifamily and SFA units with densities of 11 to 19 units per acre	15%
      4	Residential sites zoned SCN-8, SN-6, SN-4, PD-H, R-8, R-4, and R-3 for multifamily and SFA units with densities of 3 to 10 units per acre	20%
      5	Cemetery as defined in Code of Virginia § 54.1-2310, regardless of the zoning district in which it is located	10%

      Table 7.03-1. Canopy Requirements
      Development Type		Percentage
      1	Sites zoned business, commercial, or industrial in the TRC, UE, TC, CC, PD-CC, OP, PD-RDP, IP, GI, MR-HI, TCC, RC, PD-H, PD-MUB, PD-SA, GB, and CLI Zoning Districts	10%
      2	Residential sites zoned SCN-24, PD-H, and R-24 with densities of 20 or more units per acre	10%
      3	Residential sites zoned SCN-16, PD-H, and R-16 for multifamily and SFA units with densities of 11 to 19 units per acre	15%
      4	Residential sites zoned SCN-8, SN-6, SN-4, PD-H, R-8, R-4, and R-3 for multifamily and SFA units with densities of 3 to 10 units per acre	20%
      5	Cemetery as defined in Code of Virginia § 54.1-2310, regardless of the zoning district in which it is located	10%

   2. 2.
      Landscape Plan. All plats and plans for single-family detached (SFD) and/or SFA duplex dwelling units for property that is zoned for densities of less than 10 dwelling units per acre must include a landscape plan that provides for the planting or replacement of trees on the site to the extent that, at maturity of 20 years, minimum tree canopies will be provided as follows:

      1. a.
         Street trees are required pursuant to Section 7.04.02.E;
      2. b.
         Every platted lot must have a minimum tree canopy coverage of 2.5%, or 3,000 square feet, whichever is less, calculated at 20 years maturity:

         1. 1.
            Such trees are counted toward the minimum tree canopy requirements in (a) and (b) above; and
         2. 2.
            Lots for which no permits for new structures will be sought and the residual parcel are exempt from this requirement; and
      3. c.
         If the site has a tree canopy coverage of less than 20% prior to development, the landscape plan must provide for the preservation or planting and replacement of an equivalent percentage of tree canopy coverage as existed prior to development, calculated at 20 years maturity; and
      4. d.
         If the site has a tree canopy coverage of 20% or more prior to development, the landscape plan must provide for the preservation, or planting and replacement of trees on site resulting in a tree canopy of at least 20%, calculated at 20 years maturity.
   3. 3.
      On Site. For purposes of Section 7.03, "on site" means on individual sites subject to a Site Plan or Construction Plans and Profiles. On site requirements may be modified to be provided on a project-wide basis in accordance with Section 10.10.04.C. 
3. C.
   Tree Canopy Coverage Exclusion Areas. To determine tree canopy coverage requirements, the following areas are excluded from calculating the area of a site:

   1. 1.
      Properties reserved or dedicated for future street construction or other public improvements and utilities;
   2. 2.
      Water bodies and unwooded wetlands;
   3. 3.
      Properties reserved or dedicated for school sites, playing fields, and other non-wooded recreation areas; and
   4. 4.
      Portions of a site that contain existing structures that are not the subject of a pending application.
4. D.
   Tree Cover Credit. Tree cover credit in consideration of the preservation of existing tree cover or for preservation of trees of outstanding age, size, or physical characteristics may be permitted in conformance with FSM process for determining existing cover or trees for preservation and tree cover credit.
5. E.
   Deviations. The Zoning Administrator may approve a deviation to the requirements in Section 7.03 upon a determination, pursuant to Section 10.02, that such deviation is:

   1. 1.
      To allow for the reasonable development of farmland or other areas devoid of healthy or suitable woody materials;
   2. 2.
      For the preservation of wetlands; or
   3. 3.
      When the strict application of the requirements would result in unnecessary or otherwise unreasonable hardship to the developer. 

       

       

Effective on: 1/1/1901

Purpose. The purpose of the Utilities Section is to:

• Promote the public health, safety, and welfare of the public;
• Provide clarity and consistency in the standards for the installation of utilities;
• Promote the orderly development of land;
• Minimize visual impacts associated with utilities; and
• Ensure best practices are applied and maintained for the longevity of infrastructure.

1. A.
   Applicability.

   1. 1.
      Required. The standards within Section 7.08 apply to all major utilities, minor utilities, utility lines, and utility poles in addition to applicable requirements of Section 4.07.
   2. 2.
      Exempt. The following are exempt from the Zoning Ordinance:

      1. a.
         Pursuant to Code of Virginia § 56-46.1, electrical transmission lines of 138 kV or more, approved by the State Corporation Commission (SCC), are deemed to have satisfied the requirements of the Zoning Ordinance; 
      2. b.
         Poles, wires, cables, conduits, vaults, laterals, pipes, mains, valves, or any other similar equipment when used for the purpose of distributing service to an individual customer lot or use; and
      3. c.
         Underground utility lines that meet Section 6.04.B.
2. B.
   General Standards for All Zoning Districts.

   1. 1.
      Screened from Roads. Above ground utility boxes and other equipment must be co-located and screened pursuant to Section 7.04.05.
   2. 2.
      Street Trees and Landscaping. Installation of utility lines within or adjacent to the private roads and public roads must not restrict the installation or adequate future growth of required street trees and landscaping.
   3. 3.
      Conforming to Natural Topography. To the extent practicable as determined by the Zoning Administrator, all major utility and minor utility sites must:

      1. a.
         Conform to the natural topography;
      2. b.
         Minimize disturbance of steep slopes and natural drainage areas; and
      3. c.
         Not conflict with vehicular and pedestrian interconnections:

         1. 1.
            Within the site; and
         2. 2.
            To existing or future development on adjoining lands. 
   4. 4.
      Undergrounding. Except as provided in Section 7.08.A.2 all utility lines installed after December 13, 2023, must be located underground. 
3. C.
   Rural Zoning Districts. In addition to the General Standards for All Zoning Districts, the following standards apply to Rural Zoning Districts:

   1. 1.
      Water and Sewer. Rural Zoning Districts must be served by individual water supply and sewage disposal systems, and are not permitted to be served by public water or public sewer except when specific types of public water or public sewer are:

      1. a.
         Permitted by the zoning district standards in Section 2.04; 
      2. b.
         Required pursuant to Chapter 4: Use-Specific Standards; 
      3. c.
         Required in the Limestone Overlay District pursuant to Section 5.05.F; 
      4. d.
         Required pursuant to a Water or Sewer Service District established by Loudoun County; 
      5. e.
         Required to address a health risk identified by the Health Department; or 
      6. f.
         Serving public facilities.
   2. 2.
      Maintenance of Water and Sewer Systems.

      1. a.
         Individual Systems. Maintenance of individual water supply and individual sewage disposal systems are the responsibility of the owner of the parcel the systems serve.
      2. b.
         Community.

         1. 1.
            Community water supply and wastewater systems must be operated and maintained by Loudoun Water.
         2. 2.
            An access easement approved by Loudoun Water must be provided to the system.
         3. 3.
            All costs of operation and maintenance of such community systems must be borne as a common expense by the owners of the lots served.
4. D.
   Joint Land Management Area Zoning Districts. In addition to the General Standards for All Zoning Districts, the following standards apply to Joint Land Management Area Zoning Districts (JLMA):

   1. 1.
      Municipal Water and Sewer. Except as provided in Section 7.08.D.2, development in JLMA Zoning Districts must be served by municipal water and sewer as provided below:

      1. a.
         All Uses. If available as determined by the Zoning Administrator, in consultation with the Town and the Town permits the connection; or 
      2. b.
         Public Uses. For Town- and County-owned and operated public uses when: 

         1. 1.
            Existing municipal water or sewer utility lines are within 300 feet of the property line of the parcel being developed; 
         2. 2.
            Town permission for connection to Town water or sewer is obtained; and
         3. 3.
            County and Town agree that no physical or geographical constraints would make the connection unreasonable.
   2. 2.
      Water and Sewer Exceptions. Development in JLMA Zoning Districts is not required to be served by municipal water or sewer as provided below.

      1. a.
         Individual Systems. Development must be served by individual water supply and/or sewage disposal systems when: 

         1. 1.
            Municipal water and sewer cannot be provided pursuant to Section 7.08.D.1;
         2. 2.
            Located in the JLMA-20 Zoning District; or 
         3. 3.
            On a lot existing prior to January 7, 2003, that does not require the approval of any type of Subdivision or Site Plan application to be developed:

            1. a.
               Individual sewage disposal is not permitted if required to connect to a central or municipal sewer pursuant to Codified Ordinances of Loudoun County (CO) § 1066.09; and
            2. b.
               Lots established by or resulting from the recordation of a boundary line adjustment (BLAD) after January 7, 2003, where all of the lots involved in the BLAD existed prior to January 7, 2003, are deemed to have existed prior to January 7, 2003, for the purposes of Section 7.08.D.
      2. b.
         Leesburg JLMA. For zoning districts in the Leesburg JLMA:

         1. 1.
            Central water and sewer must be provided by Loudoun Water, unless an agreement with Loudoun Water cannot be reached.
         2. 2.
            If no agreement can be reached, then water and sewer must be provided in accordance with Section 7.08.D.1.
      3. c.
         Public Uses. When municipal water or sewer is not provided pursuant to Section 7.08.D.1.b, such Town or County public uses may use community or individual systems. 
   3. 3.
      Individual and community systems may be located within open space.
5. E.
   Transition Zoning Districts. In addition to the General Standards for All Zoning Districts, the following standards apply to Transition Zoning Districts:

   1. 1.
      Development must be served by central water and sewer.
   2. 2.
      Exception. Individual water supply and individual sewage disposal systems are permitted on lots existing prior to December 13, 2023, that do not require the approval of any type of Subdivision or Site Plan application to be developed.

      1. a.
         Individual sewage disposal is not permitted if required to connect to central sewer pursuant to CO § 1066.09.
      2. b.
         Lots established by or resulting from the recordation of a boundary line adjustment after December 13, 2023, where all of the lots involved in the boundary line adjustment existed prior to December 13, 2023, are deemed to have existed prior to December 13, 2023, for the purposes of Section 7.08.E.
6. F.
   Suburban Zoning Districts. In addition to the General Standards for All Zoning Districts, development in Suburban Zoning Districts must be served by central water and sewer.
7. G.
   Urban Zoning Districts. In addition to the General Standards for All Zoning Districts, development in Urban Zoning Districts must be served by central water and sewer. 
8. H.
   Office and Industrial Zoning Districts. In addition to the General Standards for All Zoning Districts, development in Office and Industrial Zoning Districts must be served by central or municipal water and sewer systems.

    

    

Effective on: 1/1/1901

Purpose. The purpose of Owners Association standards is to:

• Define the need for and responsibilities of Owners Associations (i.e., home, condominium, commercial, or business);
• Provide consistent standards for the creation, operation, and management of Owners Associations; and
• Ensure the continued protection, availability, and management of common areas, elements, and open space within developments.

1. A.
   Applicability.

   1. 1.
      An Owners Association is required for any new development or subdivision with the following areas or improvements: 

      1. a.
         Common elements, such as common open space areas, within the development that are not part of an individual lot;
      2. b.
         Lots and outlots owned by the Owners Association;
      3. c.
         Private roads within or serving the development, except as provided in Section 7.09.A.2;
      4. d.
         Community water supply and wastewater systems, unless the community water supply or wastewater system is maintained by Loudoun Water or a public water or sewer utility as defined in Code of Virginia Chapter 10.1 or Chapter 10.2 of Title 56:

         1. 1.
            If community water supply or wastewater systems are to be maintained by a third party, the Owners Association must submit the maintenance contract for review by the Zoning Administrator; and
         2. 2.
            The maintenance contract must be for a minimum of 2 years; and
      5. e.
         Any storm drainage or stormwater management improvements or areas;
      6. f.
         Fire protection ponds, dry mains, or other improvements;
      7. g.
         Fire lane identification located along public or private roads;
      8. h.
         Other common facilities or improvements designated in the Owners Association bylaws; and
      9. i.
         Any other common facility or area not included in the list above that is available to all members of the Owners Association.
   2. 2.
      Exception. An Owners Association is not required when the only common element in the development is private roads with private road maintenance agreements pursuant to Land Subdivision and Development Ordinance Section 1245.05 with the terms thereof included on each record plat for the development.
   3. 3.
      For the purpose of Section 7.09, Owners Association includes any equivalent entity formed for the same purpose and charged with the same ownership, management, and maintenance responsibilities listed in Section 7.09.A.1. 
2. B.
   Rights and Responsibilities.

   1. 1.
      Owners Associations have the rights and responsibility to maintain the areas or improvements provided in Section 7.09.A.1.
   2. 2.
      Owners Associations are responsible for preserving and maintaining common open space in accordance with the Zoning Ordinance, including applicable proffers, conditions of approval, and Concept Development Plan.
   3. 3.
      Owners Associations may have other responsibilities or activities not required or regulated by the Zoning Ordinance provided they do not conflict with the requirements of the Zoning Ordinance.
3. C.
   Establishment.

   1. 1.
      The Owners Association must be formally established prior to approval of the first record plat or final Site Plan in the proposed development or as required by approved proffers or conditions.
   2. 2.
      Documents establishing the Owners Association must be reviewed and approved by the Zoning Administrator, including: 

      1. a.
         Bylaws or other Owner Association documents, with provisions that:

         1. 1.
            Membership is mandatory for all property owners, present or future, within the development;
         2. 2.
            The Owners Association must manage, maintain, administer, and operate all open space and improvements and other land not publicly or privately owned; and
         3. 3.
            The Owners Association must secure adequate liability insurance on the land and improvements it is responsible for; and
      2. b.
         Documents that provide for adequate initial funding and assessments to fund the maintenance of common property and improvements;
      3. c.
         All documents governing ownership, maintenance, and use restrictions for common areas;
      4. d.
         Legal descriptions of common areas; and
      5. e.
         A description of restrictions placed upon the use and enjoyment of the land. 

          

          

Effective on: 1/1/1901

Purpose. The purpose of the Rural Hamlet Development Option is to:

• Provide an alternative to conventional A-3 and A-10 Zoning District subdivision in rural areas;

• Better harmonize rural development with surrounding agricultural activities recognizing that it is the County's primary goal to preserve and enhance farming and farmland in rural Loudoun by the most feasible, effective, and equitable methods available;

• Conserve agricultural, forestal and open space land, historic and natural features at the time that such land realizes the development potential currently allowed in the agricultural zoning district; and

• Permit the compact grouping of homes located to blend with the existing landscape, such as the rise and fall of the topography, hedgerows, and wooded areas, and to preserve to a greater extent the agricultural, forestal, and visual character of the landscape.

1. A.
   Applicability. Rural hamlets are permitted in the A-3 and A-10 Zoning Districts. The A-3 and A-10 Zoning District regulations apply to the extent not in conflict with the regulations in Section 7.10.
2. B.
   Rural Hamlet Defined. A rural hamlet is characterized by the configuration of all or a portion of the density permitted on a tract of land under the zoning district regulations, into a grouping of small residential lots on a portion of the tract. More than 1 rural hamlet may be located on a tract. A rural hamlet may consist of the following categories of land:

   1. 1.
      Hamlet Lots. Smaller residential lots located in a contiguous group, with adjacent and fronting lots oriented towards each other as on a road, a green or a paved square. No fewer than 5 and no more than 25 hamlet lots may be grouped together as a rural hamlet. Hamlet lots must have a designated building area. All land not designated as building area, private road, and road rights-of-way must be placed in a permanent open space easement;
   2. 2.
      Open Space. Residual land, excluding the building area of hamlet lots and conservancy lots and road rights- of-way, contiguous to a rural hamlet, which is subject to a permanent open space easement;
   3. 3.
      Hamlet Green/Square. Land located in the interior of a rural hamlet, owned in common by hamlet lot owners and which is in a permanent open space easement; and
   4. 4.
      Conservancy Lots. A lot, excluding the hamlet lots, open space and/or hamlet green/square, which will remain as large parcel(s), the bulk of which is in permanent open space easement and a portion of which is designated a building area.
3. C.
   Uses. The following uses are permitted within the various categories of rural hamlet land. These uses supersede the permitted, Minor Special Exception, and Special Exception uses that would otherwise apply in the underlying zoning district regulations. 

   1. 1.
      Building Area of Hamlet Lots and Conservancy Lots Permitted Uses. The following uses are permitted in the Building Area of Hamlet Lots and Conservancy Lots:

      1. a.
         Telecommunications antenna, pursuant to Section 4.07.08.
      2. b.
         Accessory dwelling (accessory to single family detached dwelling), pursuant to Section 4.02.01; and
      3. c.
         Accessory uses and structures, pursuant to Section 3.03;
      4. d.
         Utility, Minor;
      5. e.
         Child Day Home, pursuant to Section 4.04.08;
      6. f.
         Bed and Breakfast Homestay, pursuant to Section 4.03.01;
      7. g.
         Dwelling, single-family detached;
   2. 2.
      Open Space.

      1. a.
         Open Space Permitted Uses. The following uses are permitted in open space:

         1. 1.
            Agriculture, pursuant to Section 4.08.02;
         2. 2.
            Conservation of open land in its natural state, i.e., woodland, fallow fields, grasslands, wetlands, floodplains, and the like;
         3. 3.
            Passive Recreation Open Space, including but not limited to trails, picnic areas, community gardens;
         4. 4.
            Active Recreation, including golf courses;
         5. 5.
            Stable, Livery, with frontage on a state-maintained road, and pursuant to Section 4.08.06;
         6. 6.
            Easements and improvements for drainage, access, sewer or water lines, or other public purposes;
         7. 7.
            Stormwater management improvements for the proposed development or for a larger area in compliance with a watershed stormwater management plan;
         8. 8.
            Utility, Minor; and
         9. 9.
            Accessory uses, such as private swimming pools, private tennis or outdoor recreational courts, and other accessory uses and structures pursuant to Section 3.03.
      2. b.
         Commonly Owned Open Space Permitted Uses. The following uses are permitted in commonly owned open space owned by an Owners Association:

         1. 1.
            All Open Space Permitted Uses as provided in Section 7.10.C.2.a.;
         2. 2.
            Nursery, Production, with frontage on a state-maintained road;
         3. 3.
            Pet Farm, pursuant to Section 4.08.09;
         4. 4.
            Stable, Private, pursuant to Section 4.08.03;
         5. 5.
            Tenant Dwelling, pursuant to Section 4.02.09, accessory to agriculture uses; and
         6. 6.
            Wayside Stand, pursuant to Section 4.08.07, accessory to agriculture.
      3. c.
         Open Space Special Exception Use. The following use may be approved in open space by the Board of Supervisors, and if approved, may be subject to certain conditions pursuant to Section 10.11: telecommunications facility, pursuant to Section 4.07.08.
      4. d.
         Commonly Owned Open Space Special Exception Uses. The following uses may be approved in commonly owned open space owned by an OA by the Board of Supervisors, and if approved, may be subject to certain conditions pursuant to Section 10.11:

         1. 1.
            Agricultural Processing, pursuant to Section 4.08.03, accessory to agriculture uses;
         2. 2.
            Cultural Facility, pursuant to Section 4.05.05;
         3. 3.
            Child Day Center, pursuant to Section 4.04.08, restricted for the use of OA members;
         4. 4.
            Farmers Market (on-site production), pursuant to Section 4.08.03;
         5. 5.
            Nursery, Production, without frontage on a state-maintained road, pursuant to Section 4.04.09;
         6. 6.
            Stable, Livery, without frontage on a state-maintained road, pursuant to Section 4.08.06; and
         7. 7.
            Telecommunications facility, pursuant to Section 4.07.08.
4. D.
   Dimensional Standards. Refer to Table 7.10-1 for required dimensional standards.

5. E.
   Open Space Requirements.

   1. 1.
      Minimum Open Space. The minimum amount of land in a Rural Hamlet devoted to open space and subject to permanent open space easements must be greater than 85% of the total land area in the Rural Hamlet. All land not designated as building areas, private roads, and road rights-of-way must be permanent open space.
   2. 2.
      Minimum Open Space Widths Surrounding the Hamlet. A minimum width of land in open space surrounding a hamlet must be provided as follows:

      1. a.
         200 feet width of land between the outside boundary of hamlet lot building areas and the tract boundary; and
      2. b.
         800 feet between the hamlet lot building area boundaries of 2 hamlets on the same tract; or
      3. c.
         Reduction of these dimensions may be permitted by the Board of Supervisors pursuant to Section 7.10.J, upon recommendation of the Planning Commission, based upon a finding that due to the topography, forestation, or presence of prime agricultural soils or environmentally sensitive areas, such reduction will preserve rural vistas, preserve farmland, screen dwellings from existing roads or adjacent properties, or preserve environmentally sensitive areas.
6. F.
   Hamlet Building Area Depth. Hamlet building areas must meet the following:

   1. 1.
      The maximum outside boundaries of the building areas of hamlet lots facing one another across a road is 300 feet;
   2. 2.
      The maximum distance between building areas of cluster lots facing across a hamlet green/square is 350 feet; and
   3. 3.
      The maximum outside boundaries of the building areas of hamlet lots facing one another across a hamlet green/square is 550 feet.
7. G.
   Utilities and Public Facilities Requirements.

   1. 1.
      Water.

      1. a.
         Hamlet lots must be served either by:

         1. 1.
            Individual wells on or off each lot;
         2. 2.
            A community water supply system constructed by the developer;
         3. 3.
            A municipal water supply system if located within an area designated for such connection in the General Plan; or
         4. 4.
            Connection with an existing rural village, rural hamlet, or other public water system.
      2. b.
         All water supply systems must comply with applicable town, County, State, and/or Loudoun Water standards and requirements, including a Commission Permit if required by applicable law.
      3. c.
         As for Sections 7.10.G.1.a.1 and G.1.a.2 above, the Health Department approval of both a safe and adequate water supply system and designated backup well sites based on hydrogeological studies, must be a precondition to recordation of a record plat establishing a rural hamlet.
   2. 2.
      Wastewater.

      1. a.
         Hamlet lots must be served either by:

         1. 1.
            Individual septic tank drainfields located on or off the lot;
         2. 2.
            A community wastewater system constructed by the developer;
         3. 3.
            A municipal wastewater system, if located within an area designated for such connection in the Comprehensive Plan; or
         4. 4.
            Connection with an existing rural village, rural hamlet or other public wastewater treatment system.
      2. b.
         All wastewater systems must comply with applicable town, County, State, and Loudoun Water standards and requirements, including a Commission Permit if required by applicable law.
   3. 3.
      Fire Protection. Every hamlet must satisfy the fire protection standards set forth in the Facilities Standards Manual, or if no such standards are in effect, must have all weather access road for a pump truck to an adequate pond with a water withdrawal main or to a water tank of sufficient capacity for fire protection.
   4. 4.
      Roads. Access to hamlet lots must be provided as follows:

      1. a.
         7 rural hamlet lots or less may be served by a private road;
      2. b.
         25 rural hamlet lots or less may be served by a VDOT fixed generation, tertiary Class II road;
      3. c.
         All other roads must be VDOT Class II roads;
      4. d.
         All other Rural Hamlet roads must be built to VDOT secondary road standards; and
      5. e.
         Roads serving 2 or more hamlets, with a combined traffic loading exceeding 250 vehicles per day, must generally have 2 access points to the existing rural road network.

         1. 1.
            The Zoning Administrator, by determination pursuant to Section 10.02, may waive the 2-access requirement upon finding special topographic or other circumstances which preclude implementation but may in this eventuality require alternative configurations of road design, such as a divided median.
         2. 2.
            Further, the Zoning Administrator, may waive the public road standards, thereby allowing up to 25 rural hamlet lots to be served by private roads, should the Zoning Administrator find that the waiver provisions contained in Section 7.10.G.4.e are met.

            1. a.
               This alternative roadway design option must be requested as part of the subdivision application and is not permitted to be granted for the sole purpose of circumventing the previously referenced public roadway design criteria.
            2. b.
               In reviewing any proposed waiver, the Zoning Administrator must consider the following:

               1. A.
                  Whether granting of the proposed waiver will adequately provide for access by public safety service (police, fire and rescue services).
               2. B.
                  Whether granting of the proposed waiver will protect to the greatest extent possible topographic or physical, natural, scenic, archaeological or historical features of significant importance.
               3. C.
                  Whether the granting of the proposed waiver will be in the public's best interest, specifically with regard to future road maintenance considerations.
               4. D.
                  Whether the granting of the proposed waiver will meet engineering standards with regard to steep slopes, storm water control, drainage, soil erosion control; mitigate floodplain impacts; assure adequate dust control measures; and will minimize, to the greatest extent possible, the impact on water and air quality on adjoining properties.
               5. E.
                  Whether the granting of the proposed waiver will facilitate orderly and safe road development.
               6. F.
                  Whether the granting of the proposed waiver will minimize the impact of traffic on the existing roadway network.
               7. G.
                  Waiver requests must be considered by the Zoning Administrator within 60 days of receipt of such request.
   5. 5.
      Parking. Every hamlet lot must include sufficient parking (which may or may not be paved) to accommodate 4 cars.
8. H.
   Owners Association. In addition to Section 7.09, each rural hamlet or group of rural hamlets comprising a common development must have an incorporated OA and meet the following:

   1. 1.
      Easements for septic drainfields and wells located off of the lot must be established at the time of the record plat for such lot and must run to the benefit of the lot served. The responsibility for maintaining or replacing such septic fields or wells must be borne by the lot owner served by such easement; and
   2. 2.
      The permanent open space easement required in the rural hamlet must be enforced by the County.

      1. a.
         Such easement must be in a form approved by the County, and must provide that, notwithstanding such easement, the eased portion of conservancy lots or hamlet lots must be maintained by the owners of such lots, and that the County should bear no responsibility or liability for such maintenance.
      2. b.
         However, nothing contained herein must prevent such landowners from leasing such open space for agricultural or other purposes as allowed in Sections 7.10.C.2.a and C.2.c.
   3. 3.
      The OA documents must be submitted as part of the initial record plat application and must provide for adequate initial funding and assessments to fund the maintenance of common property and improvements.
9. I.
   Plat and Deed Notations. Record plats and deeds for rural hamlet subdivisions must include a statement that agricultural operations enjoy the protection of the Right to Farm Act, Code of Virginia § 3.2-300, et seq.
10. J.
    Modification of Regulations.

    1. 1.
       In addition, the Board of Supervisors may allow reasonable modifications to other applicable regulations as follows:

       1. a.
          These other regulations serve public purposes to a lesser degree than the rural hamlet;
       2. b.
          The designs or solutions proposed by the applicant, although not literally in accord with these other regulations, satisfy public purposes to a greater degree; or
       3. c.
          The strict implementation of these other regulations would prevent well designed rural hamlet development.
    2. 2.
       Such modifications may be granted by the Board of Supervisors by Special Exception pursuant to Section 10.11.01. Such modifications may be sought prior to filing a preliminary plan of subdivision. The landowner must include a plan of the proposed hamlet as part of the application for modification and must demonstrate the reasons for the request.
11. K.
    Advisory Rural Hamlet Siting and Design Guidelines. Loudoun County recognizes that every rural hamlet design will be a custom response to the unique assets and constraints of each tract. As a consequence, the County has only incorporated in the Rural Hamlet Ordinance those siting and design rules required to preserve open space and to allow the clustering of dwellings. However, the County does wish to encourage design consistent with Loudoun's past in rural Loudoun and appends the following general design guidelines as a suggestion to rural hamlet designers.

    1. 1.
       Siting. Rural hamlets should be sited so as to nestle, or blend in a subordinate way, into the existing landscape. Rural hamlets should not be placed on the crest of a ridge but rather should be located in a dip or depression or on the side of a hill.
    2. 2.
       Landscaping. Rural hamlet designs should incorporate a mix of evergreen trees, generally located to the north and west for winter wind protection, and deciduous trees, located to the west and south, for summer shade.

       1. a.
          Given the time required for trees to attain maturity, existing stands of trees and hedgerows should be incorporated in the new hamlets whenever possible.
       2. b.
          New plantings of evergreen and deciduous trees should be native to the northern Piedmont, such as yellow poplar, northern red and white oak, hickory, white ash, black gum, hemlock, spruce, and eastern red cedar among others.
    3. 3.
       Ground Modeling and Screening. In those circumstances where natural contours, subsurface conditions and tract boundaries prevent discreet hamlet placement, hamlet designers should seek to reduce the development's apparent presence by locating earth berms near adjacent roadways and/or planting screens of trees adjacent to existing roads and tract boundaries.
    4. 4.
       Grouping of Structures. Dwellings in rural hamlets should be placed in proximity to one another and to common wells or facilities.

Figure 7.10-1. Illustration of Hamlet Lot and Building Area

Figure 7.10-2. Example of Maximum Widths in Rural Hamlets

Figure 7.10-3. Example of Hamlet Calculations and Ratios

Hamlet Example Summary

Illustrations of Eased Land and Building Areas in Hamlet

Effective on: 1/1/1901

Purpose. The purpose of Section 7.01 Site Development is to:

• Provide clarity and consistency in the application of site development requirements; and
• Ensure the Zoning Ordinance implements the General Plan Place Types.

1. A.
   Applicability. The requirements of Section 7.01 apply to new development in addition to all other applicable requirements of the Zoning Ordinance unless otherwise specified.
2. B.
   Conditions. In addition to the requirements of Section 7.01, site development must conform to all:

   1. 1.
      Accepted proffers pursuant to Section 10.10.03; and 
   2. 2.
      Conditions imposed pursuant to: 

      1. a.
         Variance (Section 10.08);
      2. b.
         Special Exception (Section 10.11); or
      3. c.
         Historic Overlay District Reviews (Section 10.12).

          

          

Effective on: 1/1/1901

1. A.
   Density. Density is expressed in terms of: 

   1. 1.

      Dwelling units (du) per acre (ac) for residential uses with dwelling units; and

   2. 2.
      Floor Area Ratio (FAR) for all other uses.
2. B.
   Calculations.

   1. 1.
      Residential density is calculated by dividing the total number of dwelling units on a lot, not including accessory dwellings, by the lot area of such lot. Refer to Figure 7.01.02-1 and Figure 7.01.02-2.
   2. 2.
      FAR is calculated by dividing the gross floor area of all buildings on a lot by the lot area of such lot. Refer to Figure 7.01.02-3. 
3. C.
   Density Credit for Public Uses.

   1. 1.
      Density credit for public uses may be granted pursuant to Section 10.15.
   2. 2.
      The amount and location of density credit pursuant to Section 10.15 must be documented on all future applicable Concept Development Plans, Site Plans, and Subdivisions.

Effective on: 1/1/1901

Purpose. The purpose of lot requirements is to provide a mixture of lot sizes and dimensions to allow for a variety of housing opportunities and avoid monotonous streetscapes.

1. A.
   Mix of Single-Family Residential Lots by Area. Developments in the SN, SCN, TSN, TCN, TR, and JLMA Zoning Districts must provide a variety of lots for single-family attached (SFA) and single-family detached (SFD) dwelling units by area as provided below.

   1. 1.
      All developments containing 10 or more single-family lots must include a mixture of such lots by lot area. Exception. No mix in lot area is required for townhouse building lots. 
   2. 2.
      No more than 60% of all SFD and no more than 60% of all SFA duplex, triplex, and quadruplex building lots, are permitted to be similar in total lot area.

      1. a.
         For purposes of the SN, SCN, TSN, and TCN Zoning Districts, as used in Section 7.01.03.A.2 "similar in total lot area" is defined as being within 500 square feet of each other.
      2. b.
         For purposes of the TR-10, TR-3, TR-1, JLMA-1, JLMA-2, and JLMA-3 Zoning Districts, as used in Section 7.01.03.A.2 "similar in total lot area" is defined as within 1,000 square feet of each other.
      3. c.
         Exception. Up to 80% of the lots may be similar in total lot area, provided at least 25% of such lots: 

         1. 1.
            Have alternate shape and orientation, such as pipestem or alley lots; or
         2. 2.
            Are either less than 67% or more than 150% the average of other lots similar in total lot area by:

            1. a.
               Lot width;
            2. b.
               Front yard or minimum distance from dwelling to street; or
            3. c.
               Maximum building height at construction.
   3. 3.
      Dispersion of Lots. Lots that are similar in total lot area for the same dwelling unit type must be distributed throughout a subdivision rather than grouped in one area. 

      1. a.
         The mix of lots by area and configurations must be available on each block, except when the Zoning Administrator determines pursuant to Section 10.02 that an appropriate dispersion of lot sizes and configurations is provided on adjoining blocks in accordance with the purpose of Section 7.01.03.
      2. b.
         Exception. Smaller lots may be located adjacent to parks and open spaces. 
   4. 4.

      The requirements of Section 7.01.03.A may be modified in accordance with the provisions of Section 10.10.04.C.

2. B.
   Lot Lines. 

   1. 1.
      Front Lot Line. For the purposes of determining lot width every lot has only 1 front that must be shown on the Subdivision Plat or Site Plan. 

      1. a.
         Where a lot is located along only 1 road, the front lot line is the lot line that abuts or is within the road. 
      2. b.
         Where a lot has 2 or more lot lines that abut or are within a road, the front lot line is located along the road with the shortest frontage that: 

         1. 1.

            Is less than 80% the length of the larger frontage; 

         2. 2.
            Meets the minimum lot width; and
         3. 3.
            Can provide access.
      3. c.
         If Section 7.01.03.B.1.b does not result in 1 front, the front lot line is the same as the front of the prevailing building pattern or the same as the lot pattern if no building pattern is established.
   2. 2.
      Rear Lot Line.

      1. a.
         There is only 1 rear lot line.
      2. b.
         The rear lot line is opposite the front lot line.
   3. 3.
      Side Lot Lines. All other lot lines are side lot lines.

Figure 7.01.03-1. Lot Lines

Figure 7.01.03-1. Lot Lines

Figure 7.01.03-1. Lot Lines

Figure 7.01.03-1. Lot Lines

3. C.
   Lot Width.

   1. 1.
      Lot width of a regular lot is measured at the front lot line pursuant to Section 7.01.03.B.1, along the rear of the associated front yard.
   2. 2.
      Lot width is measured along the arc of the curve for curvilinear yards and frontage.

      1. a.
         The distance, as measured along a lot's frontage, between the points where a lot's side lot lines intersect with the boundary of the road must not be less than 80% of required lot width.
      2. b.
         Exception. The distance, as measured along a lot's frontage, between the points where a lot's side lot lines intersect with the boundary or the road may be reduced to 60% of required lot width if such frontage is along a curved or circular (cul-de-sac) road with a radius that does not exceed 90 feet.
   3. 3.
      Irregular Lots. Irregular lots are not subject to lot width requirements, provided:

      1. a.
         Yards are not less than those that would be required for a regular lot in the same zoning district that meets minimum lot width and area requirements; and 
      2. b.
         Buildable area is sufficient for all permitted and Special Exception uses in the zoning district. 
4. D.
   Lot Depth.

   1. 1.
      Regular Lots. Lot depth of a regular lot is measured along a straight, perpendicular line between the front and rear lot lines, or the extension of such lot lines.
   2. 2.
      Irregular Lots. For irregular lots, lot depth is the average of at least 3 representative measurements as provided in Section 7.01.03.D.1 with 1 of the measurements at the center of the lot and the other 2 at least 20 feet from either side of the center.

Figure 7.01.03-2. Lot Width and Lot Depth

Figure 7.01.03-2. Lot Width and Lot Depth

Figure 7.01.03-2. Lot Width and Lot Depth

Figure 7.01.03-2. Lot Width and Lot Depth

5. E.
   Lot Depth to Width Ratio. Maximum lot depth to width ratio is expressed as a ratio where lot width is 1. The greater the lot depth or lesser the lot width the higher the ratio. Refer to Figure 7.01.03-3.

Effective on: 1/1/1901

1. A.
   Requirements.

   1. 1.
      Buffers, setbacks, and yards are regulated separately under Chapter 2, Chapter 4, and Chapter 7 of the Zoning Ordinance.
   2. 2.
      Unless otherwise specified, buffer, setback, and yard measurements are provided concurrently, not cumulatively.

      1. a.
         Only the largest measurement is required.
      2. b.
         Any approved Modification, Variance, or Administrative Modification is applied to all buffer, setback, and yard measurements. 
   3. 3.
      All measurements are in horizontal linear feet. 
2. B.
   Permitted Structures and Uses in Setbacks and Yards.

   1. 1.
      All Setbacks and Yards. The following structures are permitted in all setbacks and yards, provided applicable sight distances are met and maintained:

      1. a.
         Fences and walls, including retaining walls, provided that no such structure in a residential front yard exceeds 3 1/2 feet in height; 
      2. b.
         Ground level structures not over 30 inches high, including but not limited to terraces, patios, or decks; 
      3. c.
         Awnings or canopies provided they do not project more than 4 feet from the existing building façade; 
      4. d.
         Bay windows and overhanging floors, eaves, and gutters projecting no more than 30 inches into the yard; 
      5. e.
         Architectural features, chimneys, or the like, projecting no more than 24 inches into a side or rear yard or no more than 3 feet into a front yard provided that such projection is no closer than 3 feet from a lot line; 
      6. f.
         Porches, enclosed or unenclosed, may project a maximum of 3 feet into a setback or yard provided that such projection is no closer than 3 feet from a lot line except as otherwise permitted under Section 7.01.04.B.3; 
      7. g.
         Arbors and trellises; 
      8. h.
         Flag poles; 
      9. i.
         Recreational equipment; 
      10. j.
          Signs, pursuant to Chapter 8; 
      11. k.
          Bus shelters; and 
      12. l.
          Entry stairs or ramps including rails. 
   2. 2.
      All Setbacks and Yards, Except Front Yards. The following structures are permitted in all setbacks and yards, except front yards, provided applicable sight distances are met and maintained:

      1. a.
         Clotheslines; 
      2. b.
         Fences and walls, including retaining walls, provided that no such structure may exceed 8 feet in height in residential areas; 
      3. c.
         Balconies may project a maximum of 4 feet provided such projection does not extend closer than 3 feet to a lot line; 
      4. d.
         Air conditioner condensers rated at 5 tons or less provided they are more than 4 feet from any property line; 
      5. e.
         Air conditioner condensers rated at over 5 tons provided they are more than 12 feet from any property line; 
      6. f.
         In conjunction with accessory dwellings only, refer to Section 4.02.01.G;
      7. g.
         In conjunction with single-family dwellings only, any non-habitable, accessory structure not exceeding 12 feet in height that is more than 5 feet from a rear or side property line or a common wall in portions of required yards that are located as follows:

         1. 1.
            On regular lots, at least 60 feet from roads at the front of the lot, and at least 25 feet from any other road abutting the lot; 
         2. 2.
            On irregular lots, at least 40 feet behind the front line of any building adjacent to the lot line, and at least 25 feet from any private road; 
      8. h.
         In conjunction with single-family detached (SFD) dwellings only, an attached garage that is more than 5 feet from a rear or side property line, subject to the following:

         1. 1.
            In no case can the distance between the attached garage and structures on the adjacent property be less than 16 feet, excluding detached, non-habitable structures; 
         2. 2.
            No windows or doors are permitted on the side of the attached garage that is located within required yards; 
         3. 3.
            No portion of the principal structure other than the attached garage is permitted within required yards; 
         4. 4.
            The attached garage is not permitted to be converted into habitable space; and
         5. 5.
            No second story addition over the attached garage is permitted that extends into minimum required yards for the district, except as provided herein; and
      9. i.
         A detached garage located at the rear of a lot that has been developed following lot requirements that allowed it to be attached to a similar garage on a contiguous lot may be located within the side yard and no closer than 2 feet to the rear property line. No rear setback is required for garages that are accessed from the front of the lot on such lots; 
      10. j.
          In conjunction with Section 3.04.B.1, temporary structures for the storage of construction materials, subject to the following standards:

          1. 1.
             The height of a temporary structure must not exceed 9 feet from average finished grade to the peak of the roof; 
          2. 2.
             The temporary structure must be setback from any property line a minimum distance equal to its height; 
          3. 3.
             Except for the temporary structure, no outdoor storage of construction related materials is permitted to be located anywhere within a required yard; and
          4. 4.
             The Zoning Administrator may impose conditions with the Zoning Permit to mitigate any adverse impact on abutting properties to include fencing and screening requirements; and
      11. k.
          For single-family detached (SFD) dwellings, decks exceeding 30 inches in height may not extend closer than 5 feet to a rear or side lot line; and
      12. l.
          For single-family attached (SFA) dwellings, decks exceeding 30 inches in height may extend to the interior side lot line and no closer than 5 feet to any other lot line.
   3. 3.
      Rear Yards. The following structures are permitted in rear yards, provided applicable sight distances are met and maintained.

      1. a.
         Single-Family Detached. Unenclosed SFD porches must not extend closer than: 

         1. 1.
            10 feet to the rear lot line; or
         2. 2.
            5 feet to the rear lot line if a rear lot line abuts land that is common open space or land that is subject to a permanent open space easement that is at least 10 feet in width.
      2. b.
         Single-Family Attached. Unenclosed SFA porches must not extend closer than 5 feet to the rear lot line.
   4. 4.
      Permitted Accessory Structures in Mountainside Resource Protection Setbacks. All structures listed in Sections 7.01.04.B.1 and B.2 are permitted in Mountainside Resource Protection Setbacks except for the following:

      1. a.
         Bus Shelters;
      2. b.
         Temporary structures for the storage of construction materials; and
      3. c.
         Non-habitable, accessory structures.
   5. 5.
      Structure Location Errors.

      1. a.
         Any existing or partially completed structure that does not comply with applicable buffer, setback, or yard requirements may be approved in accordance with Section 10.03.
      2. b.
         Structure location errors that are not eligible under Section 10.03 are subject to Section 10.11.04.
   6. 6.
      Uses. Except as permitted in Section 7.01.04.B, no portion of any use is permitted within any setback or yard.
3. C.
   Measurements from Roads. Road Corridor Setbacks, other setbacks from roads, and front yards are measured as provided. 

   1. 1.
      Public Roads.

      1. a.
         From the wider of: 

         1. 1.
            The existing dedicated right-of-way; 
         2. 2.
            The ultimate right-of-way specified in the Countywide Transportation Plan; or 
         3. 3.
            The minimum dedicated right-of-way permitted for the Virginia Department of Transportation acceptance of the right-of-way for maintenance. 
      2. b.
         For measurement purposes, the right-of-way is assumed to be centered on the existing travelway whenever: 

         1. 1.
            No dedicated right-of-way exists; 
         2. 2.
            Less than the minimum right-of-way exists; or 
         3. 3.
            There are no approved construction plans for the road. 
   2. 2.
      Private Roads. For private roads from the outer edge of the associated access easement. 

Effective on: 1/1/1901

1. A.
   Required Yards.

   1. 1.
      All yards must be provided with the minimum depth required for the zoning district under Chapter 2 or by the use-specific standards under Chapter 4, whichever is greater. 
   2. 2.
      All yards must be provided across the full length of the lot line from which such yards are measured, except where side yards intersect with front or rear yards. 
   3. 3.
      All yards are measured perpendicular to, and run the entire distance along, the lot line such yards are measured from. 
   4. 4.
      Yards are not determined by building orientation. Refer to Figure 7.01.05-1.
2. B.
   Front Yard.

   1. 1.
      Front yards are required along all roads. The depth of a front yard for a lot located along a private road is measured from the edge the private road, including any portion of the private road that extends into the lot.
   2. 2.
      Each lot must have at least one front yard. 
   3. 3.
      In addition to the minimum depth required for the zoning district under Chapter 2 or as required by the use-specific standards under Chapter 4, front yards at intersections must be sufficiently large to comply with the Virginia Department of Transportation sight distance requirements or Section 7.07.04 Visibility at Intersections, whichever is greater. 
3. C.
   Side Yard.

   1. 1.
      Side yards are required along all lot lines where neither front yards nor rear yards are required.
   2. 2.
      If 2 different side yard depths are required by the zoning district for a lot and the lot does not have a rear yard, the larger depth is required for all side yards.
4. D.
   Rear Yard.

   1. 1.
      Rear yards are required along lot lines approximately opposite the front yard when there is only 1 front yard. 
   2. 2.
      When more than 1 front yard is required, there will be no rear yard except as provided in Section 7.01.05.D.3.
   3. 3.
      Rear yards are required along alleys.

Figure 7.01.05-1. Front, Rear, and Side Yards

Figure 7.01.05-1. Front, Rear, and Side Yards

Figure 7.01.05-1. Front, Rear, and Side Yards

Figure 7.01.05-1. Front, Rear, and Side Yards

Effective on: 1/1/1901

1. A.
   Lot Coverage. (Refer to Figure 7.01.06-1)

   1. 1.
      Lot coverage is expressed as a percentage of the lot area covered by structures.
   2. 2.
      Lot coverage is calculated by dividing the total of all eligible structure footprints by the lot area. 

2. B.
   Building Height. Building height is measured in accordance with the following standards. Refer to Figure 7.01.06-2.

   1. 1.
      Ground Level. Building height is measured from the average finished grade:

      1. a.
         Where the ground surface meets the front wall of the building; or
      2. b.
         Of the curb line for buildings within 10 feet of the front lot line.
   2. 2.
      Top of the Building.

      1. a.
         Building height is measured to:

         1. 1.
            The average height between eaves and the highest point of the roof; or
         2. 2.
            The highest point of a flat roof.
      2. b.
         In cases where a building's roof is not flat and the front façade of the building contains a parapet wall or other design feature that does not align with the roof of the building, building height is measured as if the parapet wall or design feature were an element of the roof.
   3. 3.
      Exemptions. The building height limitations specified under the zoning district regulations do not apply to:

      1. a.
         Towers, gables, penthouses, scenery lofts, cupolas, barns, silos, farm buildings, residential chimneys, spires, flag poles, monuments, utility lines and utility poles, telecommunications facilities, radio and/or television antennas, or other similar structures and necessary associated mechanical appurtenances; or
      2. b.
         Any smokestack, water tank, radio, radar and/or television tower, provided: 

         1. 1.
            The height of such structure does not exceed the distance of the structure to the nearest lot line; and
         2. 2.
            Such structure is located within an existing public utility easement.

Figure 7.01.06-2. Building Height

Figure 7.01.06-2. Building Height

Figure 7.01.06-2. Building Height

Figure 7.01.06-2. Building Height

Effective on: 1/1/1901

Purpose. The purpose of Transitions is to: 

• Ensure a harmonious relationship between uses in adjoining but different zoning districts along zoning district boundaries except Urban Zoning Districts; and
• Provide additional protections in and adjacent to transition zoning districts:
  • Maintain substantial open space and setbacks along roadways and adjacent development;
  • Shield views of new development;
  • Provide extensive buffers around communities;
  • Create visual transition between the Suburban Policy Area and the Rural Policy Area; and 
  • Protect the long-term viability of Industrial and Mineral Extractive uses, particularly when adjacent to residential neighborhoods. 

1. A.
   Building Height. (Refer to Figure 7.01.07-1)

   1. 1.
      Maximum building height is reduced when:

      1. a.
         Building construction is proposed after December 13, 2023; and 
      2. b.
         The site is located within 200 feet of a zoning district with a lower maximum building height, provided:

         1. 1.
            The zoning district is not an Urban Zoning District; and 
         2. 2.
            The difference between maximum building heights is greater than 15 feet. 
   2. 2.
      Maximum building height is reduced as follows: 

      1. a.
         Within 100 feet of the zoning district boundary: 15 feet taller than the adjacent zoning district's maximum building height; and
      2. b.
         Between 100 and 200 feet of the zoning district boundary: 45 feet taller than the adjacent zoning district's maximum building height. 
   3. 3.
      The decrease in building height may be achieved by stepping down the height of a single building or stepping down the height across multiple buildings.
   4. 4.
      For the purposes of Section 7.01.07.A:

      1. a.
         The distance to a zoning district with a lower maximum building height includes the width of any adjacent road. Distances to zoning district boundaries within roads are continued to the far side of the road; and
      2. b.
         Maximum building height in a zoning district with variable building heights is as follows: 

         1. 1.
            Existing development or approved Concept Development Plan, Special Exception, or Site Plan: applicable building height; and 
         2. 2.
            Vacant site without Concept Development Plan, Special Exception, or Site Plan approval: Tallest possible building height without Special Exception approval.

Figure 7.01.07-1. Building Height Transition

Figure 7.01.07-1. Building Height Transition

Figure 7.01.07-1. Building Height Transition

Figure 7.01.07-1. Building Height Transition

2. B.
   Perimeter Setback. (Refer to Figure 7.01.07-2)

   1. 1.
      New development in the following zoning districts must provide perimeter setbacks:

      1. a.
         TR, TSN, TCN, and TCC; and 
      2. b.
         OP, IP, GI, or MR-HI if adjacent to a TR, TSN, TCN, or TCC Zoning District.
   2. 2.
      The Perimeter Setback must be provided along the following boundaries:

      1. a.
         Subdivision, Site Plan, Concept Development Plan, zoning district, or other development boundaries. Exception. Perimeter setbacks are not required between separate phases of the same development; and
      2. b.
         Public roads identified by the Countywide Transportation Plan that form the boundary of or that traverse a development within the TR, TSN, TCN, or TCC Zoning Districts. 
   3. 3.
      The Perimeter Setback must be provided as follows:

      1. a.
         With a minimum width of 100 feet; 
      2. b.
         As open space pursuant to Section 7.02; and 
      3. c.
         Existing native vegetation must be augmented with additional plantings to meet the requirements of Section 7.04 and to obstruct views of the new residential or nonresidential development from surrounding roads and other developments. 
   4. 4.
      Buildings and parking are not permitted within the perimeter setback. Exception. Agricultural structures may be located within the perimeter setback, provided such structures do not convert, in whole or in part, to a non-agricultural use. 
   5. 5.
      Perimeter Setback requirements may be modified in accordance with the provisions of Section 10.10.04.C.

Figure 7.01.07-2. 100 ft Perimeter Setback

Figure 7.01.07-2. 100 ft Perimeter Setback

Figure 7.01.07-2. 100 ft Perimeter Setback

Figure 7.01.07-2. 100 ft Perimeter Setback

Effective on: 1/1/1901

Purpose. The purpose of the Landscaping, Buffer, and Screening section is to:

• Foster attractive and harmonious development through the use of landscaping;
• Minimize the harmful impacts of noise, dust, and other debris;
• Minimize motor vehicle headlight glare and other artificial light intrusion;
• Certain roads within Loudoun County because of their function, location, and capacity require that uses be set back a certain minimum distance from them;
• Protect property values by reducing visual impacts and land use conflicts;
• Provide shade and reduce the heat island effects;
• Enhance natural drainage systems and manage stormwater runoff;
• Contribute to ecosystem benefits and improve water quality, air quality, and wildlife habitat;
• Ensure that new development, redevelopment, and infill development incorporates existing native vegetation, plantings of native vegetation, and removal of invasive species into the landscape design; and
• Preserve and promote the health, safety, and general welfare of the public.

1. A.
   Applicability. Section 7.04 applies to all land development requiring a Site Plan, Construction Plans and Profiles, Subdivision, and/or a Zoning Permit application.
2. B.
   Exceptions.

   1. 1.
      Road Corridor Buffers required by Section 7.04.02 and Buffers required by Section 7.04.03 are not required as follows:

      1. a.
         For Zoning Permit applications for single-family detached dwelling units and residential accessory uses and structures;
      2. b.
         At the time of subdivision application in the AR-1, AR-2, A-3, A-10, JLMA-20, and JLMA-3 Zoning Districts;
      3. c.
         At the time of boundary line adjustment, family subdivision, single lot subdivision waiver, low density development waiver, or dedication plat application; and
      4. d.
         To any use subject to Section 7.04.03.A.7.
   2. 2.
      Road Corridor Buffers required by Section 7.04.02 will:

      1. a.
         Apply along roads adjacent to the boundary of the TRC, UE, TC, SC, TCC, and PD-RV Zoning Districts. All other roads within these zoning districts are subject to the street tree requirement in Section 7.04.02.E; and
      2. b.
         Not apply to roads that abut Agriculture, Horticulture, or Animal Husbandry uses, or to Category B and Category C roadways as provided by the Facilities Standards Manual (FSM).
   3. 3.
      Buffers required by Section 7.04.03 do not apply within the TRC, UE, TC, CC, TCC, PD-CC, and PD-MUB Zoning Districts. Buffers within these zoning districts must be provided in accordance with the regulations for such zoning districts.
   4. 4.
      These exceptions under Section 7.04.01.B do not apply to the structure and parking setbacks of Section 7.04.02 or the Cemetery, Burial Ground, and Grave Buffer of Section 7.04.04.
3. C.
   Section 7.04 is intended to complement Section 7.03 of this Zoning Ordinance. Trees planted to fulfill the canopy requirements of Section 7.03 also may fulfill the requirements of Section 7.04.
4. D.
   All vegetative material required to be planted to meet the requirements of Section 7.04 must be in accordance with the FSM.
5. E.
   Existing vegetation that is suitable for use in compliance with the requirements of Section 7.04 may be used as required planting when supplemented by new vegetation, if needed, so as to provide buffering and screening in accordance with the purpose and intent of Section 7.04.

   1. 1.
      Such existing vegetation must be shown on a Tree Conservation Plan prepared in accordance with the FSM.
   2. 2.
      Invasive species are not suitable for use in compliance with the requirements and must be removed from an area of existing vegetation proposed to meet the requirements of Section 7.04. Removal of invasive species from such an area must be permanently maintained after establishment of the buffer.
6. F.
   Where any provision of Section 7.04 imposes restrictions or standards different from those of Section 7.03 or any other County ordinance or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards will control, unless the intent is clearly otherwise.

    

    

Effective on: 1/1/1901

1. A.
   General Provisions.

   1. 1.
      Road Corridor Buffers and Setbacks must be provided in accordance with:

      1. a.

         Table 7.04.02-1, Road Corridor Buffer and Setbacks Matrix;

      2. b.
         Section 7.01.04.C, and extend across the length of the proposed development site; and
      3. c.
         Exception. When street trees are required under Section 7.03.B.2, the street tree requirement applies to roads in or adjacent to a development that are not arterial roads, collector roads, or ramps at grade separated interchanges. The Road Corridor Buffer and Setbacks of Table 7.04.02-1 apply to arterial roads, collector roads, and ramps at grade separated interchanges in the development.
   2. 2.
      The required width of the Road Corridor Buffer may vary by up to 50% from the minimum width required at any point along the required length, provided:

      1. a.
         The width is not reduced to less than 10 feet; and
      2. b.
         The total area of the length of Road Corridor Buffer with varied width is not reduced below the minimum area that would have been required.
   3. 3.

      Road Corridor Buffers may be set back from the right-of-way line or private road easement line where easements, covenants, or natural features would prevent the required Road Corridor Buffer from abutting the public road or private road, in which case the required Road Corridor Buffer must be provided in addition to such easements, covenants, or natural features. Refer to Figure 7.04.02-1.

Figure 7.04.02-1 Easement, Covenant, or Natural Feature Buffer Adjustments Example

1.  
   4. 4.
      For subdivisions that require open space, Road Corridor Buffers are not permitted to be located on individual residential lots of 20,000 square feet or less.
   5. 5.
      When a Road Corridor Buffer is located on an individual residential lot the Road Corridor Buffer must be located within an easement dedicated to the County of Loudoun. Street trees required pursuant to Section 7.04.02.E. are not permitted on individual residential lots. 
   6. 6.
      The Road Corridor Setback applies to certain roads within Loudoun County because their function, location, and capacity require that uses be set back a certain minimum distance from them. Exemptions. The following are exempt from the Road Corridor Setbacks in Table 7.04.02-1:

      1. a.
         All agricultural structures located along all roads and used only for agriculture;
      2. b.
         All structures along all roads, except arterial roads, located within the Village Conservation Overlay District and Joint Land Management Area Zoning Districts, Sections 5.07 and 2.05;
      3. c.
         All structures and parking along all roads, except arterial roads, in the Urban Zoning Districts, Sections 2.01 and 2.02; and 
      4. d.
         Dwellings, and their accessory structures and accessory uses, built before June 16, 1993, pursuant to Section 1.03.03.E.
   7. 7.
      For lots as they existed on June 16, 1993, the structure setback from a road in Table 7.04.02-1 may be reduced on shallow lots to allow a building area of up to 85 feet in depth, measured forward from any required rear buffer, yard, or setback, whichever is more restrictive. Refer to Figure 7.04.02-2. In addition:

      1. a.
         In no case will the modified structure setback from the road be less than the yard or setback required by the underlying zoning district;
      2. b.
         Parking setbacks must be coterminous with structure setbacks; and
      3. c.
         No lot may be altered or reconfigured to increase the degree of its shallowness.

Figure 7.04.02-2. Shallow Lot Setback

Figure 7.04.02-2. Shallow Lot Setback

Figure 7.04.02-2. Shallow Lot Setback

Figure 7.04.02-2. Shallow Lot Setback

2. B.

   Road Corridor Buffer Types. The intent of the Road Corridor Buffer Types referenced in Table 7.04.02-2 are described below.

   1. 1.

      Road Corridor Buffer Type 1. This buffer is intended to function as an intermittent visual obstruction.

   2. 2.
      Road Corridor Buffer Type 2. This buffer is intended to function as a semi-opaque screen.
   3. 3.
      Road Corridor Buffer Type 3. This buffer is intended to provide a strong impression of total separation between the road and the parcel.
   4. 4.
      Gateway Corridor Buffer. This buffer is intended to provide a boulevard environment creating a sense of enclosure and transition to mark County gateways.
3. C.
   Road Corridor Buffer Width and Plant Requirements. Road Corridor Buffer widths and plant units must be provided in accordance with Table 7.04.02-2.

4. D.
   Specific Requirements for Gateway Corridor Buffer. 

   1. 1.
      In accordance with Table 7.04.02-3 and as follows.

4.  
   2. 2.
      Route 50 Gateway Corridor Buffer. The Route 50 Gateway Corridor Buffer (see Figure 7.04.02-3) must provide the following Design Elements:

      1. a.
         Plant Location. The plants required in Table 7.04.02-3 must be installed on the parcel as follows:

         1. 1.
            The plants must be located within the first 50 feet of the required 100-foot buffer immediately adjacent to the right-of-way of Route 50;
         2. 2.
            Each 100-foot segment of frontage must contain the plants required per 100 linear feet;
         3. 3.
            The plants must be located in front of the linear element required in Section 7.04.02.D.2.b; and
         4. 4.
            The plants and the linear element must be configured to align with the plants and the linear element on adjacent parcels, where feasible, to create a uniformly landscaped frontage along the right-of-way; and
      2. b.
         Linear Element. A linear element must be provided within the Gateway Corridor Buffer for at least 40% of a parcel’s frontage adjacent to Route 50 and must consist of a stone-faced feature. The linear element may also include a fence and/or hedgerow:

         1. 1.
            The stone-faced feature (i.e., wall, pillar, sign, and the like) must be:

            1. a.
               Faced with materials having characteristics similar to native stone;
            2. b.
               A minimum of 3 feet in height notwithstanding the Section 7.01.04.B.1 height limitation for fences in front yards; and
            3. c.
               Have a minimum length equal to 10% of a parcel’s frontage if combined with a fence or hedgerow; and
         2. 2.
            If a fence is provided, it must be:

            1. a.
               A maximum height of 4.5 feet notwithstanding the height limitation of Section 7.01.04.B.1 for fences in front yards, as measured from the ground to its highest point, to include posts or other supporting structures; 
            2. b.
               Constructed of wood or a wood-like polymer in a rail, paddock, or horizontal board design; and
            3. c.
               Have a minimum opacity of 50%; and
         3. 3.
            If a hedgerow is provided, it must consist of a minimum of 10 shrubs planted in a continuous row that must:

            1. a.
               Be planted at 36 inches on center;
            2. b.
               Have a minimum height of 24 inches; and
            3. c.
               Not count towards fulfilling the required plants in Table 7.04.02-3; and
         4. 4.
            The linear element is not required to be a continuous element. However, if any portions of the linear elements overlap, then for the length of the overlapping elements only one element can be counted towards satisfying the required length;
         5. 5.
            Areas of existing vegetation used to meet the Gateway Corridor Buffer plant requirements are excluded for the purposes of calculating the frontage length for determining the required minimum length of the linear element;
         6. 6.
            The linear element does not have to be located parallel to the road; and
         7. 7.
            The linear element can be used towards fulfilling the Peripheral Parking Lot Landscaping requirements under Section 7.04.06.B.

Figure 7.04.02-3 Route 50 Gateway Corridor Buffer and Setbacks Example

Figure 7.04.02-3 Route 50 Gateway Corridor Buffer and Setbacks Example

Figure 7.04.02-3 Route 50 Gateway Corridor Buffer and Setbacks Example

Figure 7.04.02-3 Route 50 Gateway Corridor Buffer and Setbacks Example

1.  
   3. 3.
      Route 7 Gateway Corridor Buffer. Plant Location. The plants required in Table 7.04.02-3 must be installed on the parcel as follows (see Figure 7.04.02-4):

      1. a.
         The total plants required for each 100-foot segment of frontage must contain the plants required per 100 linear feet, except that plants may be relocated within the buffer where existing environmental constraints or public utility easements prevent planting within a particular segment; and
      2. b.
         The plants may be located within the full 100-foot width of the required buffer immediately adjacent to the right of way of Route 7.

Figure 7.04.02-4 Route 7 Gateway Corridor Buffer and Setbacks Example

Figure 7.04.02-4 Route 7 Gateway Corridor Buffer and Setbacks Example

Figure 7.04.02-4 Route 7 Gateway Corridor Buffer and Setbacks Example

Figure 7.04.02-4 Route 7 Gateway Corridor Buffer and Setbacks Example

4.  
   4. 4.
      Uses in the Gateway Corridor Buffer. In addition to the uses specified in Section 7.04.07, the following uses are permitted in the Gateway Corridor Buffer:

      1. a.
         Storm water management and best management practice (BMP) facilities. Such facilities may not be located within the first 50 feet adjacent to the right-of-way, unless the facility is designed as follows:

         1. 1.
            As a water feature in accordance with Section 7.04.02.D.4.b below; or
         2. 2.
            A bio-retention facility that includes plantings required in the corridor buffer; and
      2. b.
         A water feature, defined as a permanent aqueous element to include a fountain, stream, waterfall, and/or cascade; a wet pond that includes a fountain, waterfall, and/or cascade; or a bioretention facility and/or wetland. In the case where a water feature is incorporated in the design of the Gateway Corridor Buffer and located within the first 50 feet immediately adjacent to the right-of-way, the following variations are permitted:

         1. 1.
            The number of shrubs required by Table 7.04.02-3 may be reduced by 50% for the total amount of linear feet of frontage that is occupied by the water feature; and
         2. 2.
            Notwithstanding Sections 7.04.02.D.2.a and 7.04.02.D.3.a, regarding required plant locations, for the frontage occupied by the water feature, the required large deciduous trees are to be located between the right-of-way and the water feature and the required small deciduous trees, evergreen trees, and shrubs may be located around and behind the water feature; and
   5. 5.
      Reduction. The required width of the Gateway Corridor Buffer may be reduced to 50 feet pursuant to Section 7.04.08; and
   6. 6.
      Other Landscaping and Screening. Where the Zoning Ordinance requires the screening of parking, service and loading areas, and utility equipment from roads, such screening as may be necessary must be in addition to the Gateway Corridor Buffer plantings and must be provided within the Gateway Corridor Buffer, but outside of the first 50 feet of the required 100-foot width as measured from the right-of-way.
5. E.
   Specific Requirements for Street Trees. When street trees are required, they must be provided as follows:

   1. 1.
      Planted at a rate of 20 plant units per 100 linear feet along each side of all public roads or private roads. The planting rate applies individually to each side of the road:

      1. a.
         Only small deciduous trees and large deciduous trees are permitted to meet the plant unit requirement for street trees; and
      2. b.

         Trees are not permitted to be planted closer than 3 feet to any curb, sidewalk, or paved area unless planted within approved manufactured stormwater management improvements; and

   2. 2.
      Street trees must be regularly spaced.
   3. 3.
      Exception. No street tree is required along alleys.