§ 31-407. DIMENSIONAL AND DENSITY REGULATIONS.

Latest version.

(a)

PURPOSE. This Section establishes minimum and maximum standards for the height, number of stories and size of buildings and other structures, the percentage of lots that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings pursuant to Code of Virginia, § 15.2-2280.

(b)

DENSITY AND INTENSITY STANDARDS.

(1)

TOTAL PERMITTED DWELLING UNITS. For conventional option developments, the Ordinance does not establish a maximum or minimum number total permitted dwelling units, because total number of dwelling units will be governed by minimum lot size. For cluster, hamlet or TND option developments, no minimum lot size is required (except as may be provided in Section 31-411 of this Ordinance), but total permitted dwelling units shall not exceed the amount established in this Subsection. (Additional dwelling units for conventional, cluster, hamlet or TND option developments may be permitted pursuant to Section 31-409 of this Ordinance). For purposes of this Subsection, "gross acres" or "gross acreage" refers to the total area (in acres) within the outer property boundaries of the parcel subject to an application for development approval (see "A" in the formula below). "Net acres" or "net acreage" refers to the gross acreage (in acres) exclusive of critical areas and road or street rights of way, as defined by the equation "A - C - R" in the formula below. "Gross density" refers to the number of dwelling units per gross acre. "Net density" means the number of dwelling units permitted per net acre. Unless otherwise stated, all references to density in this Ordinance refer to gross density. Total permitted dwelling units shall be calculated as follows:

TOTAL DWELLING UNIT CALCULATION:

D = P × (A - C - R)

D = Total permitted dwelling units

P = Permitted Density (see Table 407-1, Column (C), below)

A = Total Site Area (Acres)

C = Critical Areas.

R = Road and street rights-of-way (collector or arterial roads which are mapped in Thoroughfare Plan)

(2)

MEASUREMENT OF FLOOR AREA RATIO. Unless otherwise stated, all references to non-residential intensity refer to the ratio of enclosed floor area to the gross area of the lot.

(3)

RESIDENTIAL AND NONRESIDENTIAL DENSITY AND INTENSITY. No application for development approval shall be approved unless the minimum lot area, density, intensity, floor area ratio, impervious surface ratio and dimensional requirements conform to the minimum and maximum requirements as set forth in Table 407-1 below. Rules for interpretation of Table 407-1 are provided in the "Notes" which follow the table.

(c)

DIMENSIONAL STANDARDS. TABLE 407-1 lists the dimensional standards that apply within zoning districts. These are required standards, not guarantees that stated minimums or maximums can be achieved on every site. Other regulations of this Ordinance or site-specific conditions may further limit development on a site. The standards apply to all uses unless otherwise expressly provided in this Ordinance. Article 6 of this Ordinance provides additional or supplemental standards for alternative lot patterns. In Table 407-1, the following figures are expressed in feet: The minimum setback for the CBD and VC districts apply only to the first twenty (20) feet of building height in order to assure the provision of adequate sidewalk and planting strips.

TABLE 407-1: DIMENSIONAL STANDARDS

(A)	(B)	(C)	(D)	(E)	(F)	(G)	(H)	(I)	(J)	(K)	(L)	(M)	(N)	(O)	(P)
Zoning District	Minimum Lot Size ⁽²⁾ Conventional	Maximum Density ⁽³⁾	Floor Area Ratio ⁴	Impervious Surface Ratio ⁽⁴⁾	Minimum Frontage ⁽⁵⁾	Minimum Lot Width ⁽⁵⁾	Maximum Lot Width ⁽⁵⁾	Maximum Building Height ⁽⁵⁾	Minimum Front Setback ⁽⁵⁾	Maximum Front Setback ⁽⁵⁾	Minimum Side Setback ⁽⁵⁾	Minimum Rear Setback ⁽⁵⁾	Open Space Convential ⁽⁶⁾	Open Space Cluster/PD ⁽⁶⁾	Open Space Hamlet ⁽⁶⁾
C	10 acres	0.1	—	0.02	—	—	—	—	—	—	—	—	—	—	—
A	1 acre	1.0	—	0.16	150	150	—	45	50	—	20	30	3%	35%	20%
RR	1 acre	1.0	—	0.16	150	150	—	45	45	—	20	30	3%	35%	20%
RE	3 acres	0.3	—	0.16	150	200	—	45	45	—	20	30	3%	35%	20%
RL	30,000	1.5	—	0.3	80	100	—	45	35	—	15	30	5%	40%	35%
RLM	15,000	2.9	—	0.35	80	100	—	45	30	—	15	30	7%	45%	40%
RM	10,000	4.4	—	0.4	60	80	—	45	25	—	10	25	9%	45%	40%
RC	6,000	7.3	0.35	0.5	30	60	100	45	20	35	5	10	10%	50%	45%
RU	4,000	10.9	0.5	0.6	15	50	80	45	20	30	5	10	10%	50%	45%
RU-12	3,630	12	1	0.6	15	50	—	60	15	30	5	10	10%	—	—
RU-18	—	18	2	0.7	15	40	—	—	10	20	5	10	—	—	—
RU-24	—	24	6	0.8	15	30	—	—	—	20	5	10	—	—	—
MUC-40	—	40	6	—	—	—	—	—	—	20	—	—	—	—	—
B-1	5,000	—	0.5	0.7	50	50	—	50	10		10 ⁽⁷⁾	20	—	—	—
B-2	5,000	—	0.6	0.7	50	50	—	65	10		20 ⁽⁷⁾	30	—	—	—
CBD	—	40 ⁽⁹⁾	6	—	—	—	—	—	—	20	—	—	—	—	—
FRRD	As per Fairgrounds Master Redevelopment and Revitalization Plan, and to the extent practical the Conceptual Master Development Plan and Conceptual Master Schematic Plan, as amended
VC	5,000	8	2	—	—	—	—	45	—	30	—	—	—	—	—
O-I	10,000	—	0.6	0.7	50	50	—	65	10		20 ⁽⁷⁾	30 ⁽⁷⁾	—	—	—
C-P	10,000	—	0.6	0.7	50	50	—	65	10		20 ⁽⁷⁾	30 ⁽⁷⁾	—	—	—
M-1	—	—	0.6	0.8	80	80	—	65	30	—	30 ⁽⁷⁾	30 ⁽⁷⁾	—	—	—
M-2	—	—	—	0.9	100	100	—	65	30	—	50 ⁽⁷⁾	50 ⁽⁷⁾	—	—	—

Notes:

(1)

The requirements for the parameters set forth in columns (B) through (P), above, relate to the zoning district specified in the row under column (A), above. A dash (—) indicates that the requirement does not apply within the particular zoning district.

(2)

Minimum lot size (column (B)) applies only to conventional option developments; minimum lot size requirements do not apply to cluster, hamlet and TND option developments except as may be provided in Section 31-411 of this Ordinance. The minimum lot size figures are expressed in square feet, unless otherwise indicated. Additional rules of interpretation are set forth in Subsection (d) of this Section for minimum lot area.

(3)

The maximum density requirements (column (C)) are expressed in dwelling units per acre. Additional rules of interpretation are set forth in Subsection (b)(1) of this Section.

(4)

The floor area ratio and impervious surface ratio (columns (D) and (E)) are maximums and are expressed as a ratio (See Appendix A for definitions). Additional impervious surface restrictions might apply to portions of a site located within the Chesapeake Bay Preservation Overlay District, Section 31-415.

(5)

The dimensions specified in columns (F) through (M) are expressed in feet. Rules of interpretation for setback and height requirements are set forth in Subsections (e) and (f) of this Section.

(6)

The ratios in columns (N) through (P) are expressed as the ratio of open space to gross acreage. The percentage applicable to active open space and passive open space is specified in Section 31-607, Table 607-1. Multi-family developments open space design requirements are specified in section 31-602(c).

(7)

Applies only to the setback area measured from a lot line which abuts a residential use or residential zoning district. The side or rear setback may be reduced to 50% of the above-referenced requirements where the use does not abut a residential use or residential zoning district.

(8)

Fractions shall be rounded up.

(9)

Densities for reuse of existing buildings for residential uses may exceed the maximum through the approval of a conditional use permit.

(d)

LOT AREA. No building permit or development approval shall be issued for a lot that does not meet the lot area requirements of Section 31-407 of this Ordinance except in the following instances:

(1)

UTILITIES. Utilities using land or an unoccupied building covering less than 1,500 square feet of site area are exempt from minimum lot area standards.

(2)

MINIMUM LOT SIZE FOR ATTACHED DWELLINGS. In addition to the requirements specified in Table 407-1, the following regulations shall apply to any attached dwelling:

Units.

(i)

There shall not be more than six attached dwellings in any one row for any townhouse or rowhouse.

(ii)

There shall not be more than 20 attached dwellings in any one building for any multi-family dwelling in the RC zoning district or 40 dwellings in any one building in the RU zoning district.

Minimum building site area and width. Notwithstanding the provisions of column (A) of Table 407-1, the net area of any individual building site may be a minimum of 1,500 square feet. For any townhouse or rowhouse dwelling, the average lot area of building sites in a single row shall not be less than 2,000 square feet. The width of any individual building site shall not be less than 15 feet but the average width of all sites of building sites in a single row shall be 20 feet.

Building setback. No more than three contiguous units may be established at the same setback. A variation of at least five feet shall be required where a break in setback occurs. Minimum front yard setback 25 feet. Minimum rear yard setback 20 feet. The front yard minimum setback may be reduced to 15 feet if parking is provided on a driveway or in a garage in the rear yard area with access to the rear yard provided by an alley.

(e)

SETBACKS.

(1)

MEASUREMENT OF FRONT YARD SETBACKS AND ATTACHED GARAGE PLACEMENT. Setbacks are measured as the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this Section. Setbacks shall be unobstructed from the ground to the sky except as specified in this Section. Structures shall meet the front yard setback from all abutting streets (excluding alleys) unless otherwise provided in this Ordinance.

Source: LDR International, Inc.

(2)

EXCEPTIONS AND PERMITTED ENCROACHMENTS.

The following features may encroach into required setbacks:

(i)

Landscaping;

(ii)

Bay windows, not to exceed three feet;

(iii)

Chimneys, not to exceed two feet;

(iv)

Clothesline post (rear yard only);

(v)

Driveways, curbs and sidewalks;

(vi)

Flagpoles;

(vii)

Heating and cooling units, not to exceed three feet;

(viii)

Mailboxes;

(ix)

Overhanging roof, eave, gutter, cornice, or other architectural feature and awnings, not to exceed three feet, except that no septic system shall be permitted to encroach into the RPA or stream bank buffer unless authorized by the health department;

(x)

Septic systems, wells and underground utilities;

(xi)

Signs (in accordance with the sign standards);

(xii)

Steps, stairs or fire escapes (non-enclosed), not to exceed six feet, but not closer than three feet to any side property line;

(xiii)

Uncovered, unenclosed terraces or porches not to exceed six feet, but in no case closer than three feet to any side property line;

(xiv)

Accessory buildings, within required rear setbacks only or as otherwise allowed by this Ordinance;

(xv)

Fences, in accordance with Section 31-609 of this Ordinance;

(xvi)

Yard and service lighting fixtures or poles; and

(xvii)

Fire escapes not to exceed six feet, but not closer than three feet to any side property line.

Within any zoning district the Zoning Administrator may authorize a modification not to exceed thirty percent (30%) in the dimension of any required yard for otherwise conforming lots subject to the requirements of VC § 15.2-2286.4. Any modification by more than thirty percent (30%) shall require a variance from the Board of Zoning Appeals.

(f)

HEIGHT. The general height regulations of the district in which a parcel is located shall apply to all principal and accessory structures except as may be specifically provided elsewhere in this chapter. The airport overlay district height regulations set forth in Section 31-414 may not be exceeded for any reason except as may be provided within the regulations of the overlay district.

(1)

The Administrator may grant administrative exemptions to the district height regulations to permit reasonable increases in height for the following situations:

Church spires, belfries, cupolas, monuments, chimneys, water towers, fire towers, cooling towers, radio and television antennas may be permitted to exceed the height stipulated in the district regulations by no more than 25 percent if attached to a building, or to a maximum of 100 feet if free-standing. This shall not apply to dish antennas, signs and flagpoles, or other similar structures. The Administrator shall determine whether a proposed height increase is reasonable and serves a function beyond merely drawing attention to the structure.

Parapet walls or similar structures may exceed the maximum height limit by not more than four feet. Such walls or structures shall not be used as, for, or to support signs.

Except as noted above, no accessory building or structure shall exceed the maximum height limitation established for the district or the height of the structure to which it is accessory, whichever is less, provided, however, that buildings which are accessory to a single-story building may be constructed to a maximum height not exceeding 1.25 times the height of the principal building. In cases where this is permitted, the accessory building shall be separated from the principal building by a distance of at least 20 feet.

(2)

Any building located within the B-2, O-I, C-P, M-1 or M-2 zoning districts and which is not adjacent to property zoned or used for residential purposes may exceed the maximum height set forth in Table 407-1 by 12 feet for every 50 additional feet from the required side or rear setback. All maximum heights indicated above are conditioned on the use of approved building materials in accordance with the requirements of the Virginia Uniform Statewide Building Code. The maximum building heights may be exceeded beyond those as provided in this Subsection only with the approval of a Conditional Use Permit.

(3)

The Board of Zoning Appeals, after conducting a duly advertised public hearing, may authorize exemptions to the height regulations which exceed those which may be authorized administratively as a variance (see sectiomn 31-309 and Code of Virginia, § 15.2-2309). No exemption shall be granted which violates the terms of the Airport Overlay District.

PATTERN BOOK ILLUSTRATIONS

Source: LDR International, Inc.

(Ord. No. 11-O-031, § 1, 5-18-2011; Ord. No. 16-O-014, § 2(Exh. B), 2-17-2016; Ord. No. 19-O-108, § 2(Exh. B), 10-16-2019; Ord. No. 19-O-119, § 2(Exh. B), 11-20-2019)

                    
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