[Added 6-26-2007 by Ord. No. 2007-14; amended 12-14-2010 by Ord. No. 2010-14]
[1]
Editor’s Note: Former Art. X, Open Space Developments (Cluster Techniques), added 7-7-1987, as amended, was repealed 8-24-2004 by Ord. No. 2004-10.
A. 
The regulations established in this article are to encourage the preservation of open spaces to be used for agricultural, forestal, and recreational uses, by permitting the clustering of smaller parcels within a subdivision so as to preserve larger lots, open spaces and environmental features within that subdivision. These regulations are consistent with § 15.2-2286.1 of the Code of Virginia, as amended.
B. 
Objectives:
(1) 
Protect and preserve large tracts of land for agriculture, forest, and other open space uses.
(2) 
Protect and preserve natural resources, trees, watersheds, floodplains, water features, sink holes, mountain ridge lines, steep slopes, and other sensitive natural features, while enhancing the natural scenic beauty of the land.
(3) 
Protect and preserve historic areas, including any area containing one or more buildings or places in which historic events occurred or having special public value because of notable architectural, archeological, or other features relating to the cultural or artistic heritage of the community, of such significance as to warrant conservation and preservation.
[Amended 3-26-2019 by Ord. No. 2019-01]
An open space cluster development shall consist of at least five contiguous acres in the Low-Density Residential (R-1), Medium-Density Residential (R-2), High-Density Residential (R-3), and Rural Growth Residential (R-4) Districts, 10.5 acres in the Rural-Residential Agriculture (RRA) District, 30 acres in the Rural-Residential Conservation (RRC) District, 32 acres in the Agriculture (A-1) District, and 32 acres in the Conservation (C-1), under one ownership or control.
An open space development project shall be serviced by public water and sewer as defined in § 142-3B of the Code of Shenandoah, except that in the C-1 or A-1 Districts the lots may be served by individual well and septic systems if approved by the Health Department.
A. 
An open space development shall be designed at an overall average density of not greater than the minimum lot size for regular single-family lots within the district for the R-1, R-2, R-3, RRC and RRA Districts, and not greater than the average density permitted for regular single-family lots for the A-1 and R-4 Districts, and as otherwise provided for in § 165-11C of this chapter for the C-1 District.
[Amended 3-26-2019 by Ord. No. 2019-01]
B. 
No structures on lots in an open space development shall be located within any area containing one-hundred-year floodplain, wetlands, stream buffers, sink holes, mountain ridge lines, steep slopes, or historic areas named on the official DHR register. The Administrator shall evaluate information provided by the applicant, and other sources of information pertaining to the property and surrounding areas. In order to facilitate such evaluation, the applicant shall show the location of a building envelope on each lot.
C. 
Lot, frontage and yard requirements.
(1) 
The minimum lot area, frontage, and yard requirements for individual, cluster lots in an open space development shall be as follows:
[Amended 3-26-2019 by Ord. No. 2019-01]
District
Minimum Lot Area
Minimum Frontage
(feet)
Required Front Yard
(feet)
Required Side Yard
(feet)
Required Rear Yard
(feet)
C-1
1 acre
125
35
15
50
A-1
1 acre
125
35
15
50
RRC
1 acre
125
35
15
30
RRA
30,000 square feet
125
35
15
30
R-1
15,000 square feet
100
35
10
25
R-2
10,000 square feet
90
35
10
25
R-3
10,000 square feet
90
35
10
25
R-4
8,000 square feet
75
30
10
25
(2) 
Accessory structures shall be located at least five feet from side and rear lot lines in the RRC, RRA, R-1, R-2, R-3 and R-4 Districts, and 15 feet in the C-1 and A-1 Districts.
[Amended 3-26-2019 by Ord. No. 2019-01]
(3) 
A one-hundred-foot setback is required for all primary structures from a preexisting street.
D. 
Each grouping of cluster lots must contain at least five but not more than 10 contiguous cluster lots, except for sites in which the total number of permitted cluster lots is less than five, in which case they must be contiguous. Each cluster must be separated from any other cluster by at least 375 feet.
A. 
A minimum percentage of each open space development shall be preserved in open space or conservation lots as shown in the following table:
[Amended 3-26-2019 by Ord. No. 2019-01]
District(s)
Minimum Percentage
C-1
80%
A-1
80%
RRC
75%
RRA
70%
R-1, R-2, R-3, R-4
50%
B. 
Open space and conservation lots shall be used only for the following purposes:
(1) 
For properties zoned C-1, RRC, A-1, RRA: agricultural and forestal uses including the construction of farm-related accessory structures necessary to conduct agricultural activities on the property.
(2) 
For properties zoned R-1, R-2, R-3 or R-4: recreation areas meaning park areas, pedestrian paths, bicycle trails, and other recreational facilities. Structures directly supporting the recreation use may be constructed.
[Amended 3-26-2019 by Ord. No. 2019-01]
(3) 
For all properties: preservation areas meaning historic places, buildings, battlefields, and other areas of historical significance, stream buffers, floodplains, wetlands, steep slopes, and other natural and environmental resources, not including structures except those farm structures allowed in § 165-73B(1) and those dwellings allowed in § 165-73B(4).
(4) 
For properties zoned C-1 or A-1: One principal dwelling and one accessory dwelling per conservation lot, including any home occupation or home business uses otherwise permitted in the district. Such lots must have a minimum area of 30 acres and must meet all other frontage and setback requirements for those districts as set forth in § 165-11 and § 165-12.
C. 
Except for conservation lots in the C-1 and A-1 Districts, all open space within a development shall be contiguous. When open space is already designated on neighboring properties, all new open space shall be designed to be linked together with neighboring properties whenever feasible. The open space shall be arranged and designed to facilitate its use, ensure continuity of design, and preserve sensitive environmental features. Failure to achieve these goals shall be sufficient reason for the agent to deny applications for open development plan approval or to require modifications that may include the loss of lots.
D. 
In C-1, RRC, A-1 and RRA, a perpetual conservation easement acceptable to and approved by the County shall be recorded on all open space and conservation lots at the time of final plat approval. Such easement must ensure the use remains as open space in perpetuity and is not further subdivided or developed in excess of what is permitted by the provisions of this article, nor is used for purposes other than those provided in § 165-73B.
E. 
In all zoning districts, the open space may remain in private ownership if the provisions of this ordinance are met. If the open space remains in private ownership and it contains an existing single-family dwelling, that single-family dwelling may be continued, improved, expanded, and repaired as necessary.
F. 
No conservation lot may have a length/width ratio exceeding 6 to 1.
A. 
Except for conservation lots, no new lots created under the open space development regulations shall be accessed by an existing street, except that up to two cluster lots may access and front an existing public street.
B. 
All lots other than conservation lots shall be accessed by new streets meeting the provisions of § 142-20 of the Code of Shenandoah, except that in the C-1 and A-1 Districts, new streets may be public or may be private; if private streets are created serving more than two lots, they must meet the provisions of § 142-20I(2)(c), and the open space cluster development must have a property owners' association, established in accord with Chapter 142, Article VIII.
C. 
All new residential structures shall be located at least 100 feet from any street in existence at the time of subdivision. An opaque screen buffer, as defined in § 165-4, shall be installed and maintained along all preexisting streets on residential lots in an open space development. The Subdivision Administrator may waive this requirement if the existing tree cover is found to adequately screen new houses from existing streets and if the trees in that area are preserved in an easement.
A. 
Where an open space development is to be located adjacent to land zoned or currently used for industrial or business uses, the required open space shall be located to buffer the residential lots from those properties.
B. 
Where an open space development is to be located adjacent to land in an Agriculture and Forest District or land used for intensive poultry or hog facilities, the required open space shall be located to buffer the residential lots from those uses.
A. 
Open space developments shall be reviewed administratively by staff. In determining whether or not to grant approval, the applicant shall be required to show that the requirements of this chapter and of Chapter 142 are met.
B. 
For open space development subdivisions, a preliminary plat, meeting the requirements of Chapter 142, § 142-45A(1) through (16), shall be submitted to the Administrator. In addition to the requirements of § 142-45A(1) through (16), mountain ridge lines and areas of environmental/historical value, as described in § 165-69B, shall be shown on the preliminary plat and preserved as open space or conservation lots. Where an open space development is to be developed in phases, a preliminary plat shall be submitted for the development of the entire site with a phasing plan. This general preliminary plat shall not bind the county into approving further phases if the Code of Shenandoah is amended to disallow such use approved in the preliminary plat.
C. 
Once a preliminary plat, is approved, a final plat, meeting the requirements of Chapter 142, § 142-48B(1) through (7), shall be submitted to the Administrator. In addition, final plats recorded for an open space development shall bear a statement indicating that the land is within an approved open space development subdivision and shall also bear a statement indicating the ownership status of the development's open space system and shall reference the covenants creating a property owners' association, which shall also be recorded at the time final plats are recorded. The easement preserving the open space, restrictive covenants spelling out the maintenance of the open space, articles of incorporation for the property owners' association, and any bonding necessary for improvements shall be reviewed by the County Attorney. The Administrator shall approve or deny the final plat based on compliance with all applicable codes.
In order to limit the impact of stormwater runoff from compact rural residential developments, open space cluster developments are permitted to use low-impact development (LID) techniques to meet stormwater management requirements, including, but not limited to the following:
A. 
Bioretention areas.
B. 
Green roofs and rooftop gardens.
C. 
Vegetated swales, buffers, and strips; tree preservation.
D. 
Rain barrels and cisterns.
E. 
Permeable pavement.
F. 
Soil amendments.
G. 
Impervious surface reduction.