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Lovettsville City Zoning Code

ARTICLE 42

VI RESIDENTIAL DISTRICTS

2025-12-0005

Sec 42-169 District Purposes; Homeowners' Association Approval

Residential zoning districts are established to provide a variety of single-family detached zoning districts. These districts are created to encourage residential development in a manner that will preserve the small town character of the town and provide compatibility between existing residential neighborhoods and new developments. Where applicable, written approval by the homeowners' association shall be submitted as part of any zoning permit application related to that subdivision, except for the initial zoning permit authorizing construction of an approved building location and occupancy permits.

(Ord. of 9-21-2006, § 3-1; Ord. No. 2008-06-01, 6-26-2008; Ord. No. 2008-08-01, 8-28-2008; Ord. No. 2009-11-19-01, 11-19-2009; Ord. No. 2011-12-001, 12-8-2011)

Sec 42-170 General Design Standards

The following provisions apply to residential zoning districts:

  1. New developments should be an extension of the existing town development pattern.
  2. Streets shall be designed and located in a manner to:
    1. Provide for the continuation of and connection to existing streets;
    2. Maintain and preserve significant landmarks and trees;
    3. Minimize cut and fill; and
    4. Preserve and protect views and vistas on and off the subject property.
  3. Blocks shall be generally laid out in a grid pattern with interconnecting roads.
  4. Provisions should be made for pedestrian and bicycle traffic both within the new development and within the town pedestrian and bicycle network.
  5. Parking should be located at the rear or side of buildings or accessed from rear alleys to minimize new curb cuts on the street.
  6. Parking lots and parking garages should not:
    1. Abut street intersections or civic use lots;
    2. Be adjacent to squares or parks; or
    3. Occupy lots which terminate a street vista.
  7. New construction should be compatible with surrounding properties, in terms of height, massing, roof shapes, orientation on a lot and window proportions.
  8. All dwellings must meet the requirements of article II of chapter 38, water and sewer systems.
  9. Only one principal building and its accessory buildings may be erected on any lot within any residential district unless otherwise specified or permitted by the town council with the approval of a conditional use permit.
  10. Any exterior illumination shall be arranged and shielded to eliminate glare onto any adjacent property or roadway and shall direct light in a downward direction to minimize interference with night vision. Exterior lighting should have a light temperature of 3000 Kelvin or less. Security lighting facing a residential zoning district or use should be motion activated at a distance not exceeding the nearest property line. Such lights should remain on for not more than 10 minutes after motion ceases.
  11. Exterior lighting shall not exceed 0.10 foot candles above ambient light measured at the lot line of any adjacent residential lot or road right-of-way.
  12. Parcels designated as public or community open spaces shall have a minimum lot area of 6,000 square feet, shall be accessible and located in in accord with Section 42-326.

(Ord. of 9-21-2006, § 3-1(a); Ord. No. 2025-12-0005, 12-11-2025)

HISTORY
Adopted by Ord. 2025-12-0005 on 12/11/2025

Sec 42-194 Compliance

The uses identified in this division wherever permitted in a residential district shall conform to the standards set forth in this division, unless otherwise specifically modified in the provisions authorizing such use in a district.

(Ord. of 9-21-2006, § 3-1(b); Ord. No. 2019-10-0002, 10-10-2019)

Sec 42-195 Accessory Apartments And Semi-Independent Dwelling Units

Accessory apartments and semi-independent dwelling units are subject to the following standards:

  1. Not more than one accessory apartment or semi-independent dwelling unit shall be located on a lot.
  2. An accessory apartment or semi-independent dwelling unit shall (i) not exceed 30 percent of the floor area of the principal dwelling or 800 square feet, whichever is less, except that an entire habitable basement may be used; and (ii) shall not be occupied by more than two people.
  3. Accessory apartments or semi-independent dwelling units shall be permitted only on lots served by public utilities.
  4. An accessory apartment or semi-independent dwelling unit shall be permitted only on a lot meeting the minimum requirements of the zoning district.
  5. An accessory apartment shall not be permitted on a lot that also has a zoning permit for a semi-independent dwelling unit, limited residential lodging or bed and breakfast homestay. A semi-independent dwelling unit shall not be permitted on a lot that also has a zoning permit for an accessory apartment, limited residential lodging or bed and breakfast homestay
  6. An accessory apartment shall have private, full kitchen, bath and toilet facilities, and one bedroom. A semi-independent dwelling unit shall have private bath and toilet facilities and one bedroom but shall not contain a full kitchen.
  7. An accessory apartment or semi-independent unit may be located only within a principal structure. The property owner must occupy one of the dwelling units.
  8. One parking space shall be provided on site for the accessory apartment or semi-independent dwelling unit in addition to the parking required for the principal dwelling.
  9. No additional entrance will be permitted through the front façade.

(Ord. of 9-21-2006, § 3-1(b)(i); Ord. No. 2019-10-0002, 10-10-2019; O)rd. No. 2024-6-0003, 6-13-2024)

Secs 42-195 - 42-198 (Reserved)

Editor's note— Ord. No. 2019-10-0002, adopted October 10, 2019, repealed sections 42-196—42-198. Said sections pertained to standards for specific uses and have been renumbered as sections as 42-297—42-299.

Sec 42-199 Home Occupations

Home occupations may be conducted in a residence provided:

  1. Residents of the dwelling and one nonresident employee shall be permitted to be engaged in a home occupation business, provided that for child care homes, not more two staff caregivers, as required by and subject to the regulations of 22 VAC 40-180-110 of the Virginia Administrative Code, who are not residents of the dwelling shall be engaged or employed in the home occupation business.
  2. The use of a dwelling for home occupations shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area may be used in the conduct of the home occupation.
  3. There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of such home occupation. Internal alterations or construction modifications not customary on dwellings shall be prohibited.
  4. No outside storage shall be used in conjunction with the home occupation.
  5. Signs shall not be permitted.
  6. The preparation of food or the hand manufacture of other products is permitted if it complies with other standards in this section.
  7. No goods, products or commodities made on the premises or bought or secured for the express purpose of resale shall be sold on the premises directly to customers who come to the premises. This prohibition does not apply to the sale of goods, products or commodities over the internet from the premises by residents of the premises in which case customers do not come to the premises.
  8. No traffic shall be generated by such home occupation in greater volume than would normally be anticipated in a residential neighborhood. No expansion of parking areas on the site shall be permitted for home occupation activity.
  9. Deliveries or pickups shall be allowed only between the hours between 9:00 a.m. and 6:00 p.m. Not more than two trips per day shall be permitted for such purposes. Regular pickups and deliveries shall not be made by tractor-trailer trucks.
  10. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond limits of the parcel of property. In the case of electrical interference, no equipment of process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage.
  11. No hazardous materials may be manufactured, stored, processed or disposed of on the premises.
  12. Persons conducting a home occupation shall obtain a business license and pay the business license tax as described in article IV of chapter 18, business license taxes.
  13. An application for home occupation shall be completed by the applicant and approved by the zoning administrator prior to the commencement of the home occupation.

(Ord. of 9-21-2006, § 3-1(b)(v); Ord. No. 2017-05-0002, 5-11-2017; Ord. No. 2019-10-0002, 10-10-2019)

Sec 42-200 Temporary Dwellings

The zoning administrator shall accept applications permitting the erection and occupancy of a temporary dwelling during the construction of a dwelling on the same lot and shall refer the applicant for a permit for such temporary dwelling to the town council for special exception action. In such cases, the town council may specify appropriate conditions and requirements to be applied to the permit, in which event the permit shall be subject to such conditions and requirements. No temporary dwelling permit shall be issued for more than 12 months.

(Ord. of 9-21-2006, § 4-9; Ord. No. 2019-10-0002, 10-10-2019)

Editor's note— Formerly, § 42-292.

Sec 42-201 Limitations On Parking Of Trucks In Residential Districts

No trucks with rated capacity of 1½ tons or greater, or with a bed the size of seven feet wide, nine feet long and six feet wide, or greater, shall be parked in any residential district in any location.

(Ord. of 9-21-2006, § 4-13; Ord. No. 2019-10-0002, 10-10-2019)

Editor's note— Formerly, § 42-29

Sec 42-202 Large Lot Communities

The following standards shall apply to large lot communities:

  1. The total number of lots permitted in any large lot community shall not exceed 25. Not more than two contiguous large lot communities shall be permitted.
  2. The minimum lot size within the large lot community is 8,000 square feet, exclusive of floodplain and wetlands, and the average lot size within the community shall not be less than 12,000 square feet.
  3. The minimum lot width at the front setback line shall be 80 feet.
  4. A front yard setback of at least 25 feet shall be provided for the principal structure and shall not exceed 40 feet.
  5. The minimum total width of side yards shall be 25 feet, with a minimum side setback of 12 feet.
  6. A minimum rear yard of 25 feet shall be provided.
  7. Accessory structures shall be subject to the same setbacks as the principal structure.
  8. Length/width ratio: 3.0:1 maximum.
  9. Building height: 30 feet maximum. No accessory structure shall exceed the height of the principal structure.
  10. Minimum open space area: none required.
  11. Lot coverage: the aggregate lot coverage by all buildings shall not exceed 3,000 square feet.
  12. Permitted uses and conditionally permitted uses shall be in accordance with section 42-234.
  13. All utility distribution lines shall be located underground.

(Ord. of 9-21-2006, § 3-1(b)(viii); Ord. No. 2019-10-0002, 10-10-2019)

Sec 42-203 (Reserved)

Editor's note— Ord. No. 2019-10-0002, adopted October 10, 2019, repealed section 42-203. Said section pertained to temporary portable storage containers and has been renumbered as section as 42-302.

Sec 42-204 Model Homes

Model homes are permitted subject to the following provisions:

  1. The use may be located in any zoning district that includes a residential use, provided such use is located within the recorded subdivision it serves. It may incorporate a sales office.
  2. The use must conform to all applicable requirements of this chapter.
  3. The use is permitted until the issuance of the last occupancy permit within the subdivision it serves.
  4. The town may require a bond as appropriate to ensure that the atypical features, including, but not limited to, utilization of the garage for a sales office, will be removed or brought into conformance with residential building code requirements prior to conversion of the unit for residential occupancy.
  5. Two off-street parking spaces shall be provided on the lot where the use is located for the public and these spaces include the required handicapped space. The use must comply with any requirements that apply for handicapped parking for commercial office use.
  6. All signs must comply with applicable chapter provisions.
  7. The zoning administrator shall review and approve or deny a request for a temporary model home permit. In assessing a request for a temporary model home permit, the zoning administrator shall determine the appropriate number of model homes for the site, the need for and design of landscaping, and any other amenity that the administrator shall deem in the interest of protecting adjacent residential property (zoned, planned or in use); consider the location and its effects on the surrounding neighborhoods and/or adjoining property owners; and may require terms and conditions on the location and placement, type and number of model homes, screening, and other reasonable conditions.
  8. The use shall be located on a lot as close to a collector street or arterial road (as defined by the Virginia Department of Transportation) as possible.

(Ord. of 9-21-2006, § 3-1(b)(x); Ord. No. 2019-10-0002, 10-10-2019)

Sec 42-233 CRA-1 Commercial And Residential Annexation District

  1. Purpose. This district is established and intended for use in regulating and administering land which may hereafter be incorporated into the town limits by annexation or boundary line adjustment. It is intended to be compatible with the Loudoun County zoning ordinance so that territory brought into the corporate limits of the town possesses the development rights similar to the rights it possessed as unincorporated land located outside the limits of the town. This district is the town's lowest-density zoning district and is intended for commercial, institutional, low-density residential and other such uses as may be compatible with the low-density character of properties located outside the limits of the town.
  2. Permitted and conditional uses. Refer to Section 42-151, Table 1, Uses by Zoning District Conditional Uses may be permitted with a conditional use permit.
  3. Lot requirements.
    1. Size: 12,000 square feet minimum, exclusive of floodplain and wetlands.
    2. Width: The minimum lot width measured at the front setback line shall be 80 feet.
    3. Front yard: Main structures shall be located not less than 25 feet from any street right-of-way, provided that the maximum setback requirement shall not apply to fire, rescue and police stations. Detached private garages shall be setback at least 20 feet from the building line of the main structure.
    4. Side yards: The minimum total width of the side yards for each main structure shall be 25 feet, with a minimum setback of ten feet. Accessory structures not exceeding 15 feet in height may be located not less than five feet from a side or rear property line.
    5. Rear yard: Main structures shall have a minimum rear setback of 25 feet. Accessory structures not exceeding 15 feet in height may be located not less than five feet from a side or rear property line.
    6. Modifications of required yards: Building restriction lines, setbacks and yard requirements may be reduced by the Town Council in conjunction with a conditional use permit. Such application shall specifically outline the lot size, lot width and yard standards and define the need. Permitted uses, conditionally permitted uses and maximum lot yield or maximum residential density shall not be modified by this provision.
    7. Length/width ratio: 3.0:1 maximum.
    8. Minimum open space area: A minimum of 45 percent of the site area shall be provided in open space. For the purpose of calculations, net site area shall be determined as the total site area exclusive of public road dedications, private access easements and alleyways, floodplains, slopes greater than 25 percent and wetlands. Additional open space shall be provided in a sufficient amount that the maximum lot yield or maximum residential density is not exceeded based on the overall area of the parcel(s) to be subdivided or developed, excluding floodplains, public roads dedications and private access and alleyway easements, slopes greater than 25 percent and jurisdictional wetlands. Open space shall be preserved by means of a permanent open space easement or similar legal instrument acceptable to the town council.
    9. Lot coverage: Lot coverage by all buildings on a lot shall not exceed 30 percent of the total lot area.
    10. Building height: 35 feet maximum for all main buildings and structures, including buildings and structures accessory thereto. No accessory structure shall exceed the height of the principal structure.
    11. Maximum lot yield: For any residential subdivision or development involving the construction of single-family detached dwellings, the maximum lot yield within the CRA-1 District shall be one dwelling unit per five acres.
  4. Utility requirements. All public utilities located within the CRA-1 district shall be located underground and shall be designed pursuant to Article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.
  5. Applicants should also refer to Section 42-257, Purpose, Specific Requirements for All Districts, for additional location, hours of operation and wellhead protection standards for commercial uses.

(Ord. of 9-21-2006, § 3-2; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2009-11-19-01, 11-19-2009; Ord. No. 2015-11-0001, 9-11-2015; Ord. No. 2017-04-0001, 4-6-2017; Ord. No. 2017-08-0001, 8-24-2017; Ord. 2023-03-0008, 3-23-2023; Ord 2024-09-0006, 9-17-2024)

Sec 42-234 R-1 Residential District

  1. Scope and purpose. The provisions of this section apply to the R-1 Residential District. This district is established to provide locations for low to medium density residential uses. This district includes residential development and selected compatible uses. It is established to promote the efficient and well planned use of land, by encouraging the provision and conservation of open space through cluster development. Residential developments are encouraged to preserve the integrity of sites by protecting and promoting the preservation of steep slopes, desirable vegetation, historic features, wetlands and other natural features.
  2. Permitted and conditional uses. Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  3. Lot requirements.
    1. Size: 8,000 square feet, minimum, exclusive of floodplain and wetlands.
    2. Width: The minimum lot width measured at the front setback line shall be 60 feet.
    3. Front yard: Structures shall be located not less than 20 feet nor more than 40 feet from any street right-of-way. Detached private garages shall be setback at least 20 feet from the building line of the main structure.
    4. Side yards: The minimum total width of the side yards for the main structure shall be 20 feet, with a minimum side setback of eight feet. Accessory structures not exceeding 15 feet in height may be located not less than five feet from a side or rear property line.
    5. Rear yard: main structures shall have a minimum rear setback of 25 feet. Accessory structures not exceeding 15 feet in height may be located not less than five feet from a side or rear property line.
    6. Length/width ratio: 3.0:1 maximum.
    7. Building height: 35 feet maximum for single-family detached dwellings; 30 feet maximum for all other buildings and structures. No accessory structure shall exceed the height of the principal structure.
    8. Minimum open space area: A minimum of 35 percent of the net site area shall be provided as open space for all development projects creating more than 5 lots. For the purpose of open space calculations, net site area shall be determined as the total site area exclusive of public road dedications, private access easements and alleyways, floodplain, slopes greater than 25 percent and wetlands.
    9. Lot coverage: The lot coverage by all buildings on a lot shall not exceed 35 percent of the total lot area.
    10. Modification of minimum lot size, width and required yards: The lot size, lot width and required yards standards may be reduced by the Town Council in conjunction with a conditional use permit. Such application shall specifically outline the lot size, lot width and yard standards and define the need. Permitted uses, conditionally permitted uses and unit density shall not be modified by this provision.
  4. Utility requirements. All public utilities located within the R-1 zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.

(Ord. of 9-21-2006, § 3-3; Ord. of 11-20-2008; Ord. No. 2009-11-001, 11-19-2011; Ord. of 9-10-2009; Ord. of 6-27-2013(01), § 3-3; Ord. No. 2015-11-0001, 9-11-2015; Ord. No. 2017-08-0001, 8-24-2017; Ord. 2024-09-000, 9-17-2024; Ord. 2025-06-0004, 6-26-2025)

Sec 42-235 R-2 Residential District

  1. Scope and purpose. The provisions of this section apply to the R-2 Residential District. This district is composed of moderate density residential uses. This district includes residential development and compatible uses. It is established to promote the efficient and well-planned use of land by encouraging the provision and conservation of open space through cluster development. Residential developments are encouraged to preserve the integrity of sites by protecting, and promoting the preservation of steep slopes, desirable vegetation, historic features, wetlands and other natural features.
  2. Permitted and conditional uses. Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  3. Lot requirements.
    1. Size: 7,000 square feet, minimum, exclusive of floodplain.
    2. Width: The minimum lot width measured at the front setback line shall be 56 feet.
    3. Front yard: Structures shall be located not less than 20 feet nor more than 40 feet from any street right-of-way. Detached private garages shall be setback at least 20 feet from the building line of the main structure.
    4. Side yards: The minimum total width of the side yards for the main structure shall be 20 feet, with a minimum side setback of eight feet. Accessory structures not exceeding ten feet in height may be located not less than five feet from a side or rear property line.
    5. Rear yard: Main structures shall have a minimum rear setback of 25 feet. Accessory structures not exceeding ten feet in height may be located not less than five feet from a side or rear property line.
    6. Length/width ratio: 3.0:1 maximum.
    7. Building height: 35 feet maximum for single-family detached dwellings; 30 feet maximum for all other buildings and structures. No accessory structure shall exceed the height of the principal structure.
    8. Minimum open space area: A minimum of 25 percent of the net site area shall be provided as open space for all development projects creating more than 5 lots. For the purpose of open space calculations, net site area shall be determined as the total site area exclusive of public road dedications, private access easements and alleyways, floodplain, steep slopes and wetlands.
    9. Lot coverage: Lot coverage by all buildings on a lot shall not exceed 40 percent of the total lot area.
    10. Modification of minimum lot size, width, and required yards: The lot size, lot width and required yards standards may be reduced by the Town Council in conjunction with a conditional use permit. Such application shall specifically outline the lot size, lot width and yard standards and define the need. Permitted uses, conditionally permitted uses and unit density shall not be modified by this provision.
  4. Utility requirements. All public utilities located within the R-2 zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.

(Ord. of 9-21-2006, § 3-4; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2009-11-001, 11-19-2011; Ord. of 6-27-2013(01), § 3-4; Ord. No. 2015-11-0001, 9-11-2015; Ord. No. 2017-08-0001, 8-24-2017; Ord. 2024-09-0006, 9-17-2024; Ord. 2025-06-0004, 6-26-2025)

Sec 42-236 R-3 Residential District

  1. Scope and purpose. The provisions of this section apply to the R-3 Residential District. This district is composed of certain higher density residential uses. The regulations for this district are designed to stabilize and protect the essentially residential characteristics of the district, and to permit certain commercial uses of a character unlikely to develop a general concentration of traffic, crowds of customers, and outdoor advertising. To this end, retail activity is restricted and this district is protected against encroachment of general commercial or industrial uses.
  2. Permitted and conditional uses. Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  3. Lot requirements.
    1. Size: 6,000 square feet, minimum, exclusive of floodplain and wetlands.
    2. Width: The minimum lot width measured at the front setback line shall be 50 feet.
    3. Front yard: Structures shall be located not less than 20 feet nor more than 40 feet from any street right-of-way. Detached private garages shall be setback at least 20 feet from the building line of the main structure.
    4. Side yards: The minimum total width of the side yards for the main structure shall be 18 feet, with a minimum side setback of eight feet. Accessory structures not exceeding ten feet in height may be located not less than five feet from a side or rear property line.
    5. Rear yard: Main structures shall have a minimum rear setback of 25 feet. Accessory structures not exceeding ten feet in height may be located not less than five feet from a side or rear property line.
    6. Length/width ratio: 3.0:1 maximum.
    7. Building height: 35 feet maximum for single-family detached dwellings; 30 feet maximum for all other buildings and structures. No accessory structure shall exceed the height of the principal structure.
    8. Minimum open space area: A minimum of 25 percent of the net site area shall be provided as open space for all development projects creating more than 5 lots. For the purpose of open space calculations, net site area shall be determined as the total site area exclusive of public road dedications, private access easements and alleyways, floodplain, slopes in excess of 25 percent and wetlands.
    9. Lot coverage: The lot coverage by all buildings on a lot shall not exceed 45 percent of the total lot area.
    10. Modification of minimum lot size, width, and required yards: The lot size, lot width and required yards standards may be reduced by the Town Council in conjunction with a conditional use permit. Such application shall specifically outline the lot size, lot width and yard standards and define the need. Permitted uses, conditionally permitted uses and unit density may not be modified by this provision.
  4. Utility requirements. All public utilities located within the R-3 zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.

(Ord. of 9-21-2006, § 3-5; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2009-11-001, 11-19-2011; Ord. of 6-27-2013(01), § 3-5; Ord. No. 2015-11-0001, 9-11-2015; Ord. No. 2017-08-0001, 8-24-2017; Ord. 2024-09-0006, 9-17-2024; Ord. 2025-06-0004, 6-26-2025)

Sec 42-237 R-C Retirement Community District

  1. Scope and purpose. The provisions of this section apply to the R-C Retirement Community District. The purpose of the Retirement Community District is to provide housing and related professional office, commercial uses; facilities and amenities for older persons (55 years of age or older) in accordance with the provisions of the Virginia Fair Housing Law (Code of Virginia, § 36-96.7, the "Act"), as permitted by the provisions of this section. The residential portions of any retirement community shall be subject to restrictions recorded in a declaration of covenants and restrictions recorded among the land records of the county, limiting occupancy consistent with the requirements of the Act.
  2. Permitted and conditional uses. Refer to 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  3. Concept plan. A concept plan for the entire development shall be provided that identifies the following:
    1. Separate facilities for assisted living facility and nursing home uses may be incorporated into a concept plan with residential use, as permitted by the provisions of this section.
    2. Lot configuration for all uses in all phases of the project.
    3. Location and description of all uses.
    4. Configuration of streets, sidewalks and trails.
    5. Location and acreage of usable open space.
    6. Maximum building height.
    7. Maximum lot area, depth and width requirements;
    8. A construction phasing plan.
    9. Major stormwater management facilities.
    10. Architectural elevations of all sides of all primary structures.
    11. 100-year floodplain (indicate location of any alteration).
    12. Visitor parking spaces.
  4. Phasing. Describe the timing of residential and nonresidential development using the following criteria:
    1. Commercial space shall not be occupied until 50 percent of the total residential units are occupied.
    2. 50 percent of commercial space must be occupied before more than 85 percent of the total residential units may be occupied.
  5. District requirements.
    1. Minimum district size: Five acres.
    2. Housing mix: Shall include at least two housing types (e.g., single-family detached and multifamily).
    3. Maximum building height:
      1. Single-family detached, semi-detached, and attached residential dwelling units: 35 feet.
      2. Office, commercial, nursing homes, assisted living facility, institutional and multifamily residential structures: 40 feet.
    4. Parking and access: See table 4-1 in section 42-286.
    5. Visitor parking: Sufficient visitor parking shall be provided for all residential units in convenient locations that can be provided on public or private streets or in separate parking areas.
    6. Open space:
      1. A minimum of 25 percent of the net acreage of the entire development shall be provided as open space. For the purpose of open space calculations, net site area shall be determined as the total site area exclusive of public road dedications, private access easements and alleyways, floodplain, steep slopes and wetlands.
      2. Open space shall comply with applicable regulations in article IX of this chapter, open space and recreational space.
    7. Management and maintenance: The operation and maintenance of facilities, open space and amenities that are not conveyed in fee simple to residents or to commercial owners of nonresidential facilities, shall be the responsibility of one or more homeowners' or commercial owners' associations. When more than one such association is charged with the obligations of this section, the organizational documents for each such association shall address the allocation of responsibilities among them in order to ensure that the duties and the party responsible for discharging them are clearly assigned. Every declaration of covenants, organizational charter or similar document addressing any aspect of the obligations imposed by this section, or amendment of such document, shall be submitted for advance review and comment by the town attorney before such document may be executed and recorded.
    8. Utility requirement: All public utilities located within the R-C zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.
    9. Accessory community use is required.
    10. Use ratio: Land area of the total nonresidential uses (includes nursing home or extended care facility; commercial; and professional office use) may not exceed ten percent of the gross acreage of the project.
  6. Lot requirements.
    1. Minimum lot size.
      1. Single-family dwelling unit: 4,500 square feet.
      2. Semi-detached dwelling unit: 3,000 square feet.
      3. Attached dwelling unit: 2,000 square feet.
      4. Multiple dwelling: 8,000 square feet.
    2. Minimum lot width.
      1. Single-family dwelling unit: 50 feet.
      2. Semi-detached dwelling: 40 feet.
      3. Attached dwelling: 30 feet.
      4. Multiple dwelling: 80 feet.
    3. Setbacks.
      1. Single-family detached dwelling unit.
        1. Front yard: 20 feet.
        2. Side yards: eight feet.
        3. Rear yard: eight feet.
      2. Semi-detached dwelling unit.
        1. Front yard: 20 feet.
        2. Side yards: eight feet or zero feet, if attached.
        3. Rear yard: eight feet or zero feet, if attached.
      3. Attached dwelling unit.
        1. Front yard: 20 feet.
        2. Side yards: 25 feet or zero feet, if attached.
        3. Rear yard: 25 feet.
      4. Multiple dwelling structure.
        1. Front yard: 30 feet.
        2. Side yards: 30 feet; 15 feet, if adjacent to common open space.
        3. Rear yard: 30 feet; 15 feet, if adjacent to common open space.
      5. Professional office, commercial.
        1. Front yard: 20 feet.
        2. Side yards: 25, or zero feet, if attached.
        3. Rear yard: 25 feet.
      6. Nursing home or extended care.
        1. Front yard: 30 feet.
        2. Side yards: 30 feet; 15 feet, if adjacent to common open space.
        3. Rear yard: 30 feet; 15 feet, if adjacent to common open space.
  7. Regulation modification by Town Council. The Town Council may, at the time a Retirement Community District is created, modify the site development regulations set forth in this section. The modifications shall be included in the ordinance zoning the property. Modifications may be permitted only if necessitated by conditions on the site and must be consistent with the character and intent of the R-C district. The Town Council may modify or waive design standards and requirements of Article V of Chapter 30, Subdivisions. Substitute standards shall be specifically proffered and accepted by the Council.

(Ord. of 9-21-2006, § 3-6; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2011-03-001, 3-10-2011; Ord. No. 2009-11-001, 11-19-2011; Ord. No. 2011-12-002, 12-8-2011; Ord. No. 2024-06-0003, 6-13-2024; 2024-09-0006, 9-17-2024; Ord. No. 2025-12-0005, 12-11-2025)

HISTORY
Adopted by Ord. 2025-12-0005 on 12/11/2025

Sec 42-238 T-C Town Center Planned Development District

  1. Scope and purpose. The provisions of this section apply to the T-C Town Center Planned Development District. This district is established to provide for a compatible mixture of commercial, cultural, institutional, governmental, and residential uses in a compact pedestrian oriented traditional town center. This district provides for dwellings, shops and workplaces located in close proximity to each other with well configured squares, greens, landscaped streets and parks woven into the pattern of the town center and dedicated to collective social activity, recreation and visual enjoyment. Clustering is achieved in this district through the open space requirements found in subsection (b)(6) of this section.
  2. Overview.
    1. Size. A T-C district consists of an area of not less than 20 contiguous acres. Property is considered contiguous even if separated by a public roadway.
    2. Areas within the T-C district. The T-C district is divided into two types of areas. Each area has different land use and site development regulations. The T-C district must have a town center core and residential area.
    3. Town center core. The town center core serves as the focal point of the Town Center Planned Development District and contains retail, commercial, civic and public services. The town center core is pedestrian oriented and is designed to encourage pedestrian movement. Town center core uses include retail shops, restaurants, offices, post office, governmental offices and dwellings above the first floor of permitted commercial uses.
    4. Town center residential area. The town center residential area includes a variety of residential land uses and open space. A town center residential area promotes pedestrian activity through well designed streetscapes that also provide for the safe and efficient movement of vehicular traffic.
    5. Open space. Open space is significant part of the Town Center Planned Development District design. Formal and informal open spaces are required. These serve as areas for community gatherings, landmarks and organizing elements for the neighborhood. Open space may include squares, plazas, greens, parks and greenbelts.
  3. Creation; requirements. A Town Center Planned Development District is a zoning district that is created in the same manner as other zoning districts. Additional requirements are described in this article.
  4. Concept plan required. An applicant for a Town Center Planned Development District shall prepare a concept plan as part of the zoning application. The concept plan shall include the following information:
    1. Location and size of the town center core and town center residential area;
    2. Locations of major civic uses;
    3. Layout of the road network;
    4. General plan for pedestrian circulation, paths, bikeways and trails;
    5. Locations and size of private open space and public open space;
    6. Maximum number and types of dwellings;
    7. Nonresidential uses by general category;
    8. Maximum floor area of nonresidential space;
    9. Locations and general character of all uses;
    10. General plan for landscaping showing lawns, greens, tree cover, landscape screens and buffers;
    11. Maximum building height limitations;
    12. Maximum lot area, depth and width requirements;
    13. Minimum yard requirements;
    14. Maximum size, height and numbers of signs with the general locations of proposed signs;
    15. A construction phasing plan for the project if applicable;
    16. Locations and types of drainage improvements;
    17. The location of existing utilities and easements that are within or immediately adjacent to the subject property; and
    18. Preliminary architectural standards for the town center core.
  5. Adoption of concept plan. The concept plan for the Town Center Planned Development District shall be included in the ordinance zoning the land as a T-C district and shall govern the general layout, mix intensity, architectural design, timing and nature of permitted uses.
  6. Regulation modification by Town Council. The Town Council may, at the time a Town Center Planned Development District is created, modify the site development regulations set forth in this section. The modifications shall be included in the ordinance zoning the property. Modifications may be permitted only if necessitated by conditions on the site and must be consistent with the character and intent of the T-C district. The Town Council may modify or waive design standards and requirements of Article V of Chapter 30, Subdivisions. Substitute standards shall be specifically proffered and accepted by the council.
  7. Preliminary plat or site plan. Applications for preliminary plat or site plan approval for all or part of a planned development may be filed after approval of the zoning map amendment creating the Town Center Planned Development District. The application shall be reviewed and approved or disapproved in accordance with the requirements of chapter 30, subdivisions.
  8. Final plat or site plan. Applications for final plat or site plan approval for all or part of a planned development may be filed after approval of the zoning map amendment creating the Town Center Planned Development District. The application shall be reviewed and approved or disapproved in accordance with the requirements of chapter 30, subdivisions.
  9. Permitted and conditional uses. Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  10. Lot requirements.
    1. Town center core.
      1. Minimum lot size: 2,500 square feet, exclusive of floodplain.
      2. Width: 25 feet minimum.
      3. Front yard: None, provided that any off-street parking spaces that may be required or otherwise provided on the same lot as the building shall be set back at least 25 feet from the front property line.
      4. Side yards: None, except 15 feet minimum for a side yard of a nonresidential use abutting a lot used or planned for residential use.
      5. Rear yard: None, except 30 feet minimum for a rear yard of a nonresidential use abutting a lot used or planned for residential use.
    2. Town center residential area.
      1. Minimum lot size: 7,500 square feet exclusive of floodplain.
      2. Width: 60 feet minimum.
      3. Front yard: Ten feet minimum with a maximum front yard setback of 25 feet.
      4. Side yards: The minimum total width of the side yard is 15 feet with a minimum side yard setback of five feet.
      5. Rear yard: The main structure shall have a minimum rear yard setback of 25 feet. Accessory buildings shall have a minimum rear yard setback of five feet.
    3. Other yard requirements. If adjacent to roads, no areas for collection of refuse or loading area shall be permitted closer than 35 feet to the right-of-way for any public road. No parking area for collection of refuse or loading area shall be permitted in areas between buildings and streets where such uses are visible from any road.
    4. Building requirements.
      1. Lot coverage. No requirement within the town center core. Lot coverage within the town center residential area shall not exceed 40 percent of the total lot area.
      2. Building height. Nonresidential buildings may be erected up to 35 feet in height from grade. Residential buildings may be erected up to 35 feet in height from grade except that no accessory structure shall be more than 15 feet in height without a conditional use permit.
      3. Architectural design. Building materials and architectural scales are encouraged to be based on historical examples in the town. German architectural design elements are encouraged.
      4. Maximum building size by right, town center core area. Except for governmental or other public uses, no building within the town center core shall exceed 6,500 square feet in footprint area unless permitted under subsection (k)(5)(f) of this section. Governmental or other public uses in the town center core may be established in a building of up to 7,500 square feet or greater with a conditional use permit pursuant to subsection (k)(5)(f) of this section.
      5. Maximum building size with a conditional use permit, town center core area. Buildings with a footprint greater than 7,500 square feet for governmental or other public uses or 6,500 square feet for all other permitted uses. Building footprint shall not exceed 18,500 square feet for any use in the town center core.
  11. Land use limitations.
    1. The principal entrances to all buildings in the town center core shall be from the front sidewalk, public plaza or town green.
    2. Centralized parking areas are encouraged throughout the town center with shared parking areas between similar uses.
    3. Parking areas for nonresidential uses shall be located a minimum of 25 feet from the front property line.
    4. Pedestrian linkages shall be established within and between blocks in the town center and between the town center and surrounding neighborhoods. Pedestrian linkages are encouraged to maintain the town as a single cohesive neighborhood.
    5. Sidewalks shall be provided adjacent to all streets. Sidewalks shall be a minimum of six feet in width in the town center core area. Sidewalks shall be a minimum of four feet in width in the town center residential area.
    6. All off-street parking lots shall be landscaped in accordance with section 42-363 and shall not interfere with the reasonable continuity of building facades and pedestrian activity.
    7. Landscaping, buffering and screening shall be used to screen outdoor storage, areas for collection of refuse, loading areas and parking from streets and residential lands.
    8. At least 25 percent of the town center residential area shall be reserved for open space and recreation available to the general public. Areas provided for landscaping, buffering and screening required by Article X of this chapter shall not qualify as required open space and recreation area. Open space shall be provided and maintained as required by subsection (l) of this section.
    9. Street planning and site planning shall promote pedestrian circulation within the proposed development providing connections to existing neighborhoods and commercial areas to maintain the town as a pedestrian friendly community.
    10. The maximum residential development potential of the town center residential area shall be calculated based upon a density of four dwelling units per net acre, excluding roads and floodplain. Accessory apartments are not included in calculating the maximum residential development potential.
  12. Management of common open space and improvements. All common lands and improvements shall be established and maintained in accordance with the following requirements:
    1. The developer shall organize an incorporated property owners' association to ensure the maintenance of common open space and improvements.
    2. Organizations established for this purpose shall meet the following requirements:
      1. Organizations shall be established prior to the sale of any lots.
      2. All persons having ownership of property within the development shall have membership rights in the organization.
      3. Organizations shall own and manage all common open space and improvements.
      4. All lands and improvements shall be described as to locations, size and use in the declaration of covenants, conditions and restrictions. This declaration shall set forth the method of assessment for maintenance of common land and improvements. Covenants, conditions and restrictions shall run with the land and be in full force and effect for at least 20 years and shall be automatically extended for successive ten-year periods unless terminated in accordance with this section.
      5. Organizations shall not be dissolved nor shall they dispose of any common open space except to an organization established to own and maintain common open space, to the town or to other appropriate governmental agency.
    3. No common open space shall be denuded, defaced or otherwise disturbed without prior approval of the town council. This requirement shall not apply to regular and necessary maintenance of common open space.
    4. Any private streets created by this chapter shall provide appropriate vehicular and pedestrian access for abutting lot owners and appropriate access for public vehicles.
    5. The developer shall submit with the application for preliminary plat or development plan approval a fiscal plan for a minimum of ten years, including adequate reserve funds, for the maintenance and care of all lands, streets, facilities and uses under the purview of the property owner's organization.
  13. Utility requirements. All public utilities located within the T-C zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.

(Ord. of 9-21-2006, § 3-7; Ord. of 6-28-2007; Ord. No. 2008-06-01, 6-26-2008; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2010-05-01, 5-13-2010; Ord. No. 2009-11-001, 11-19-2011; Ord. No. 2015-11-0001, 9-11-2015; Ord. No. 2017-08-0001, 8-24-2017; Ord. No. 2024-06-0003, 6-13-2024; Ord. 2024-09-0006, 9-17-2024)

Sec 42-239 PIDD Planned Infill Development District

  1. Scope and purpose. The provisions of this section apply to the Planned Infill Development District. This district is created to permit development of communities on infill parcels in order to create diversity in housing stock compatible with the pattern of existing facing houses of surrounding neighborhoods.
  2. Minimum district size. The minimum district size shall be five contiguous acres and the maximum shall be seven contiguous acres.
  3. Concept plan required. An applicant for a planned infill development shall prepare a concept plan as part of the zoning application that shall include the following:
    1. Locations and general character of all uses;
    2. Maximum number and types of dwellings;
    3. Layout of the road network;
    4. General plan for pedestrian circulation, paths, bikeways and trails;
    5. Location and size of private open space and public open space, as applicable;
    6. Maximum building height limitations;
    7. Maximum lot area, depth and width requirements;
    8. A construction phasing plan, if applicable;
    9. Locations and types of drainage improvements;
    10. The location of existing utilities and easements that are within or immediately adjacent to the subject property;
    11. Preliminary architectural standards for all proposed structures proposed to be constructed by the applicant;
    12. Demonstrate conformance with the town plan.
  4. Preliminary subdivision plan. At the applicant's option, a preliminary subdivision plan meeting the requirements of chapter 30, subdivisions, may be submitted as a proffered concept plan and processed concurrently with the rezoning application.
  5. Adoption of concept plan. The concept plan for the planned infill development shall be included in the ordinance that approves the zoning map amendment land and shall govern the general layout, housing mix, intensity, architectural design, timing and nature of permitted uses.
  6. Permitted and conditional uses. Refer to Section 42-151, Table 1, Uses by Zoning District. Conditional Uses may be permitted with a conditional use permit.
  7. Lot requirements for single-family detached.
    1. Minimum lot size: 7,000 square feet, exclusive of floodplain.
    2. Minimum lot width: 60 feet.
    3. Maximum length/width: 3.5:1 ratio.
    4. Front yard setback: Minimum 20 feet; maximum 40 feet.
    5. Side yard setback: Minimum six feet.
    6. Rear yard setback: Minimum 25 feet.
  8. Lot requirements for duplex, vertical.
    1. Minimum lot size: 4,800 square feet, exclusive of floodplain.
    2. Minimum lot width: 40 feet.
    3. Maximum length/width: 3.5:1.
    4. Front yard setback: Minimum 20 feet; maximum 40 feet.
    5. Side yard setback: Minimum six feet.
    6. Rear yard setback: Minimum 25 feet.
    7. No more than 25 percent of the total number of houses of a subdivision shall be of this building type.
  9. Building requirements generally.
    1. Lot coverage. The lot coverage by all buildings on a lot shall not exceed 45 percent of the total lot area.
    2. Building height. 35 feet maximum for single-family detached dwellings; 30 feet maximum for all other buildings and structures, provided that no accessory structure shall exceed 15 feet in height except as approved by conditional use permit.
  10. Building requirements for duplex, vertical.
    1. Lot coverage. The lot coverage by all buildings on a lot shall not exceed 45 percent of the total lot area.
    2. Building height. Residential buildings may be erected up to 30 feet in height. No accessory structure shall exceed 15 feet in height except as approved by conditional use permit.
  11. Common open space requirements. The common open space requirements shall be as approved on the concept plan.
  12. Lot access requirements.
    1. Maintenance of such alleys shall be the obligation of a homeowners' association meeting the requirements of chapter 30, subdivisions.
    2. All duplex lots shall have frontage on streets intended to be accepted by the Virginia Department of Transportation.
    3. Not more than 20 percent of the total number of lots may lack frontage on a public street.
  13. Utility requirements. All public utilities located within the PID zoning district shall be located underground and shall be designed per the article VI of chapter 30, required installation of public improvements, section 30-157, public utilities installation standards.
  14. Regulation modification by Town Council. The Town Council may, at the time a Planned Infill Development District is created, modify the site development regulations set forth in this section. The modifications shall be included in the ordinance zoning the property. Modifications may be permitted only if necessitated by conditions on the site and must be consistent with the character and intent of the PIDD district. The Town Council may modify or waive design standards and requirements of Article V of Chapter 30, Subdivisions. Substitute standards shall be specifically proffered and accepted by the Council.

(Ord. of 9-21-2006, § 3-8; Ord. of 11-20-2008; Ord. of 9-10-2009; Ord. No. 2009-11-001, 11-19-2009; Ord. No. 2015-11-0001, 9-11-2015; Ord. No. 2017-08-0001, 8-24-2017; Ord. 2024-09-0006, 9-17-2024)