Each of the uses listed below shall meet the
specified standards regardless of whether it is listed as a use permitted
by right or as a use permitted by special permit. These requirements
represent the minimum requirements. When a special use permit is being
applied for, the Town Council may, at its discretion, require more
than the minimum as a condition of final approval.
A.
All parking areas shall be designed in accordance
with the following standards:
(1)
The minimum parking stall dimension shall be 10 feet
in width and 20 feet in length.
(2)
Access driveways to parking areas shall not be less
than 12 feet in width for one-way traffic and not less than 24 feet
in width for two-way traffic.
(3)
Off-street parking areas providing more than two required
spaces shall be designed so that no vehicle would have occasion to
back into any public street.
B.
Aisles and driveways within parking areas shall have
the following minimum widths:
Type of Parking
|
Minimum Width
(feet)
| |
Parallel
|
12
| |
Up to 30°
|
12
| |
30° to 45°
|
15
| |
45° to 60°
|
18
| |
60° to 90°
|
24
|
C.
Parking spaces shall be provided in accordance with
the minimum requirements specified in the off-street parking schedule
(Schedule A). When the computation to determine the number of spaces
results in a requirement of fractional spaces, any fractions up to
and including 1/2 shall be disregarded and fractions exceeding 1/2
shall require one space. For any other cases or combination of uses
which do not fit one of the categories listed in the schedule, the
approving authority shall determine the required number of spaces.
D.
In parking areas for major commercial development,
a one-way internal circulation system is encouraged to facilitate
traffic movement and to reduce the number of conflict points.
E.
Parking stalls, driveways and aisles shall be clearly
marked and delineated. The Planning Commission shall require that
certain areas be maintained for fire-fighting purposes. These areas
shall be clearly designated by a red line and "no parking" signs.
F.
All off-street parking areas shall be paved except
if the intensity and frequency of use is limited, in which case the
Planning Commission may permit a gravel or stone surface.
G.
Existing off-street parking areas shall not be reduced
or encroached upon in any way which would make them deficient for
the uses served.
H.
The collective provision of off-street parking by
two or more buildings or uses located on adjacent lots is permitted,
provided that the total of such facilities shall not be less than
the sum required for involved buildings or uses computed separately,
unless it can be demonstrated to the satisfaction of the approving
authority that the periods of need are entirely or partially exclusive.
I.
All off-street parking is to be provided on the lot
or contiguous to the lot and adjacent to the specified principal use.
For nonresidential uses in commercial districts, required parking
may be located within 150 feet of such use, said distance to be measured
from the nearest point of the parking lot to the nearest point of
the building being served.
J.
Where an applicant makes provisions for a shared-ride
system (buses, van pools, etc.) for its employees or for the users
of the facility, the parking requirements may be reduced as determined
by the Planning Commission. The applicant shall indicate the basis
for a proposed reduction. Preferential parking spaces shall be given
to such shared-ride vehicles.
Schedule A
Parking Space Requirements
| |||
---|---|---|---|
Type of Use
|
Minimum Parking Spaces
| ||
Residential units
| |||
Single-family detached or mobile homes
|
2 per unit provided on lot
| ||
Two-family unit (duplex)
|
2 per unit provided on lot
| ||
Single-family attached or townhouse
|
2 per unit provided on lot, plus 1 per 2 units
for visitor parking, provided in off-street bays
| ||
Garden apartments
|
2 per unit provided in off-street bays
| ||
Commercial establishments
| |||
Retail store or service business
|
1 per 200 square feet of gross leasable area
| ||
Service station
|
2.5 for each service bay
| ||
Theater
|
1 for each 4 seats
| ||
Shopping center
|
5.5 per 1,000 square feet of gross leasable
area
| ||
Bank
|
6 per teller window
| ||
Motel, hotel or transient guest home
|
1 per room
| ||
Restaurant
|
1 per 2 seats devoted to service
| ||
Office, general and professional
|
1 per 250 square feet of gross floor area
| ||
Research laboratory
|
1 per employee plus 10%
| ||
Wholesale store, motor vehicle establishment
or furniture store
|
1 per 400 square feet, exclusive of storage
space
| ||
Community facilities
| |||
Church or house of worship
|
1 for each 4 seats
| ||
Assembly hall, auditorium or community center
|
1 for each 100 square feet of gross floor area
or 1 for each 4 seats, whichever is greater
| ||
Hospital
|
1.5 per bed
| ||
Nursing home or institution for aged
|
1 for each 3 beds
| ||
Schools
| |||
Elementary school or junior high school
|
1 for each employee plus 10%
| ||
High school
|
10 per classroom
| ||
College
|
1 for every 2 students, plus 1 per 4 dormitory
beds
| ||
Library or museum
|
1 per 500 square feet of gross floor area
| ||
Funeral home
|
10, plus 1 for each 50 square feet devoted to
chapel or slumber rooms
| ||
Industrial establishments
| |||
Industrial or manufacturing use
|
1 per employee plus 10%, or 1 per 750 square
feet of gross floor area, whichever is greater
| ||
Storage warehouse
|
1 per employee plus 10%, or 1 per 750 square
feet of gross floor area, whichever is greater
| ||
Recreational facilities
| |||
Club or golf clubhouse, commercial or noncommercial
use
|
1 for each 4 persons of rated capacity
| ||
Bowling alley
|
4 per alley
| ||
Skating rink
|
1 for each 120 square feet of skating area
|
A.
Off-street loading space shall be provided with all
new construction or the creation of new uses in accordance with the
following standards:
(1)
An off-street loading space shall be a space not less
than 12 feet in width and 60 feet in length, with 15 feet of vertical
clearance.
B.
An off-street loading space, as defined above, shall
be required:
(1)
For each 20,000 square feet of gross floor area in
a hospital.
(2)
For each 2,500 square feet of gross floor area in
a funeral home. The dimensions of a funeral home loading space may
be reduced to 33 feet by 12 feet.
(3)
For each 12,000 square feet of gross floor area in
a commercial use or manufacturing establishment.
C.
When the computation to determine the number of required
loading spaces results in a requirement for a fractional space, any
fraction up to and including 1/2 shall be disregarded and fractions
exceeding 1/2 shall require one space.
D.
Existing required loading areas, together with their
accessways, shall not be encroached upon or reduced in any manner
or devoted to any other use.
E.
All off-street loading spaces shall be surfaced with
gravel or asphaltic cement. The arrangement of off-street loading
spaces shall be such that no vehicle shall have occasion to back into
any public street or an internal access road of a parking area.
All applications shall include plans for proposed
lighting. The plans shall include the location, type of light and
radius of light. All lighting shall be designed in accordance with
the following design standards:
A.
The height of the lighting shall be in scale with
the height of the principal building and shall not exceed 35 feet
in height.
B.
Lighting shall be located along streets, parking areas
and at all intersections. Freestanding lights shall be located and
designed so that they are not easily damaged by vehicles nor become
a roadside hazard.
C.
Perimeter lights shall be properly shielded to restrict
the maximum apex of illumination to 150° and to prevent glare
or illumination on adjacent land uses.
All commercial and industrial uses shall be
provided with sufficient buffering and screening to minimize any adverse
impacts or nuisances on adjacent areas and to improve the physical
appearance of the site. The use of buffering, such as adequately spaced
deciduous trees, low hedges, bushes, berms and other landscaping elements,
is recommended to soften the visual impact of the proposed use and
to provide a visual break between adjacent uses of the same type.
"Screening" is defined as a physical or natural barrier that is required
to block an objectionable view or to prevent nuisance characteristics
of the proposed use, such as noise, trash or light, from extending
beyond the limits of the property. Fences, walls, high hedges, mounds
and dense tree plantings (normally evergreens or poplar trees) are
examples of effective screening methods. The following general standards
are to be utilized in the design:
A.
Buffering or screening shall be required along the
perimeter of all commercial and industrial sites unless waived by
the Planning Commission. Buffers shall be created along and adjacent
to property lines of similar or proposed uses and along the road.
Buffers may also be required on the interior of the site to shield
parking areas. Whenever a commercial or industrial land use abuts
an existing or a proposed residential land use, a dense natural barrier
or screen shall be required. Screening may also be required around
garbage collection areas, loading bays and where interior roads run
parallel with roads exterior to the site. Screening should also be
considered along the rear property line to act as a backdrop for the
proposed use.
B.
Windbreaks, composed of appropriate natural screening,
should be considered in the prevailing wind direction to prevent wind-borne
debris from leaving the site. Buffer zones shall be maintained in
their natural state when wooded. When natural vegetation is sparse
at certain locations, the Planning Commission may require planting
native to existing adjacent woodland.
C.
Fences or walls are effective screening devices. However,
any proposed fence or wall shall complement the structural type and
design of the principal buildings. The use of fences with high transparency
(i.e., chain -link fence) shall not be considered as an adequate buffer
unless complemented by landscaping. High fences or walls with little,
if any, transparency, shall only be considered in areas appropriate
for screening.
D.
The use of landscaping techniques such as terracing
and the creation of berms or mounds shall be encouraged as part of
the plan and to accomplish adequate buffering or screening.
A.
Fences and walls shall be erected, altered or reconstructed
in accordance with the following regulations:
(1)
Fences shall not encroach upon rights-of-way or adjacent
properties.
(2)
All fencing shall be in conformance with the requirements
for visibility at intersections and driveways listed in the following
section.
(3)
The height of a fence on a property line in a residential
area should not exceed four feet in height in the front and side yards
and six feet in the rear yard. Fences that need to exceed this height,
with the maximum being six feet, can do so by being issued a special
use permit.
(4)
Security fences around commercial, industrial or institutional
uses shall not exceed 16 feet.
B.
All fences shall be of permanent construction and
shall withstand a wind load of 15 pounds per square foot.
C.
Fences shall not be erected of barbed wire, topped
with metal spikes or glass, nor constructed in any manner which may
be dangerous to persons or animals, except that these provisions shall
not apply to a farm and except further that fences around commercial
or industrial uses may be topped by a five-strand protective wire
barrier.
D.
Swimming pools shall be surrounded by a fence at least
four feet in height which shall be located at least three feet from
the perimeter of the pool.
E.
All fences shall be maintained in sound condition.
Whenever a fence or portion thereof is determined to be structurally
unsafe, the Zoning Administrator shall order the owner in writing
to repair said fence or remove it within 10 days or be subject to
the penalties stipulated in this chapter.
The following requirements shall apply in all
districts:
A.
Nothing shall be erected, placed or allowed to grow
in such a manner as to materially impede vision between a height of
30 inches and 10 feet above the center-line grade of the abutting
streets or driveways within the triangular area formed by the intersection
of street and driveway lines.
B.
For corner lots, a straight line joining points located
a distance of one foot for each mile of allowed speed limit from the
intersection of the street lines for a minimum of 15 feet shall be
kept clear.
C.
For a driveway entering a public street, a straight
line joining points located a distance of one foot for each mile of
allowed speed limit along the street line and a point a distance of
15 feet along the driveway line from the intersection of the street
and driveway lines shall be kept clear.
All signs shall be erected, constructed, altered
or replaced as provided in this section. All signs shall meet the
standards in Schedule B.[1] The following restrictions shall apply:
A.
No sign shall be erected, constructed, altered or
replaced except as provided for in this section.
B.
No sign shall be erected which will obstruct free
and clear vision on any street, nor shall it obstruct the view of
or be confused with any traffic sign, signal or device.
C.
No sign shall be attached to trees, fence posts, stumps,
utility poles, light standards, bridges or any part of an official
traffic sign or device.
D.
No sign shall extend over any sidewalk or public right-of-way,
nor shall any sign extend beyond any property line.
E.
All sign lighting shall be designed and directed to
protect the adjoining properties and streets from glare. No signs
shall be illuminated with flashing lights, bulbs or fluorescent tubing.
F.
All signs except temporary real estate sale signs
on private residences require the issuance of a zoning permit. Applications
to erect or construct a sign shall be part of site plan review or
shall be directed to the Zoning Administrator for any use not requiring
a site plan. The application shall include sufficient information
and sketches to indicate compliance with this section.
[1]
Editor's Note: Schedule B, Sign Regulations, is included at the end of this chapter.
A.
A home occupation, as defined by this chapter, shall
be permitted as an accessory use for a single-family detached dwelling
unit in the specified zoning districts, provided that the following
standards are observed:
(1)
The home occupation shall be operated by a family
member or member residing on the premises.
(2)
No more than 25% of the gross habitable floor area
of the residential structure nor more than 300 square feet of an accessory
use shall be used or occupied by the home occupation.
(3)
The residential character of the lot, building and
area shall not be changed. No occupational sounds shall be audible
at any property line, and no equipment which will result in radio
or television interference shall be utilized.
(4)
No more than one sign shall be permitted on the lot
identifying the home occupation, and such sign shall not exceed two
square feet in area.
B.
The Zoning Administrator shall decide whether a use
meets the home occupation standards listed in this chapter. If the
Zoning Administrator is unable to decide whether a proposed use is
a home occupation or whether a use violates the standards of this
section, the Board of Zoning Appeals shall make the final determination.
[Amended 11-15-2006]
A.
Intent. Pursuant to §§ 15.2-2201 and
15.2-2286 of the Code of Virginia, the Town Council of the Town of
Stanley establishes the Planned Neighborhood Development (PND) Zoning
Ordinance to allow planned neighborhood development on large tracts
of land characterized by unified site design for a variety of housing
types and densities, clustering of buildings, common open space, and
a mix of building types and land uses in which project planning (as
permitted herein) and density calculation are performed for the entire
development rather than on an individual basis. The purposes of this
section are to provide an alternative form of development that:
(1)
Eliminates standard dimensional requirements while
reserving sufficient natural open space for common use, conservation
or recreational purposes, and providing adequate buffering between
structures and adjacent properties;
(2)
Enhances the physical appearance of the Town by preserving
the Town's natural assets and distinctive character;
(3)
Promotes more efficient use of land and provision
of public facilities, utilities, streets, and services;
(4)
Provides the opportunity for innovative combinations
of integrated housing, recreation, neighborhood-oriented commercial
and professional uses, and increased public amenities within a single
development;
(5)
Conserves natural and environmental resources and
the integrity of natural systems;
(6)
Encourages innovative residential development so that
housing demands are met by a greater variety of types, designs, and
layouts of residential structures;
(7)
Encourages creative and site-sensitive developments
by allowing increased overall density in exchange for planned neighborhood
development pursuant to this chapter;
(8)
Promotes the design of a walkable environment for
pedestrians within the neighborhood, which provides a circulation
system for various transportation modes; and
(9)
Satisfies the general purposes of zoning regulations
to promote the health, safety, morals and general welfare of the community.
B.
ASSISTED-LIVING FACILITY
BASE DENSITY
COMMUNITY HALL
NEIGHBORHOOD RECREATION USE
NEIGHBORHOOD RESTAURANT
NEIGHBORHOOD-ORIENTED COMMERCIAL
NONTIDAL WETLANDS
OPEN SPACE
PLANNED NEIGHBORHOOD DEVELOPMENT (PND)
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A residential facility for two or more persons that provides
nursing assistance and/or support services for residency of elderly
and/or disabled persons, where residents share common meals.
The density as established in the following existing Stanley
Residential Zoning Districts: MDR and HDR. The existing Stanley Town
Commercial District, TC, shall have a base density equal to that established
in the Residential MDR District.
A structure designed and constructed for civic uses and may
include a community meeting room, a library annex, space dedicated
to historical or cultural displays or uses, athletic or exercise facilities,
or uses found to be similar in intent and function with this section.
Includes basketball courts, tennis courts, playgrounds, tot
lots, picnic areas, and the like.
A restaurant of not more than 20 seats, nor five employees
per operating shift, open for business not later than 10:00 p.m.
Includes neighborhood-oriented retail businesses with not
more than 4,000 square feet of gross floor area. The term shall include
convenience stores, bookstores, dry cleaners, ice cream stores, barbershops
and beauty shops, wearing apparel stores, bakeries, drugstores, banks,
gift shops, hardware stores, or other uses found to be similar to
one or more uses listed herein, but shall not include automobiles
sales operations.
Those wetlands other than tidal wetlands that are inundated
or saturated by surface or groundwater at a frequency or duration
sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated
soil conditions, as defined by the U.S. Environmental Protection Agency
pursuant to Section 404 of the Clean Water Act as amended.
Common space generally intended for passive recreation and
not improved with a building, structure, vehicular travel lane, driveway,
street, sidewalk, or parking area. Open space may include pedestrian
ways, bike paths, trails interconnecting open space areas; undisturbed
natural areas, woodlands, preservation areas; community facilities;
landscaped grounds, buffers; playgrounds and tot lots; swimming and
boating areas. Open space shall not include yards within individual
residential lots, yards less than 30 feet wide between buildings,
lands occupied by tennis courts, golf courses, and buildings.
Used in two contexts: Depending upon the context, planned
neighborhood development refers to the development authorized by this
section or a project which is proposed for consideration under this
section. This term shall have the same meaning as mixed-use development
and planned unit development as defined in the Code of Virginia (1989
Session, Virginia Acts of Assembly, Chapter 384).[1]
[1]
Editor's Note: For the state definitions of
“mixed-use development” and “planned unit development,”
see § 15.2-2201 of the Code of Virginia.
C.
Permitted uses.
(1)
All planned neighborhood developments shall permit
the following residential and accessory uses:
(a)
Detached single-family dwellings;
(b)
Two-family dwellings (duplex);
(c)
Multifamily dwellings (multiplex);
(d)
Townhouses with a maximum of eight units per
structure;
(e)
Accessory buildings or uses as defined in the
Master Plan and Covenants of the PND;
(f)
Recreation or park facilities;
(g)
Retirement living facilities (handicapped accessible);
(h)
Municipal buildings or uses;
(i)
Public utilities: poles, lines, booster and
relay stations, distribution transformers, pipes, meters and other
facilities necessary for the provision and maintenance of public utilities,
including water and sewerage systems. Such utilities shall be buried
or otherwise screened in accordance with design standards of the development
as defined in the Master Plan;
(j)
Home occupations as set forth in § 215-39 and approved by the homeowners' association prior to issuance of license;
(k)
Public libraries;
(l)
Schools; and
(m)
Churches.
(3)
(4)
Planned neighborhood developments may include the
following uses, provided such uses are either specifically approved
as part of the original development plan or approved by special use
permit in accordance with Appendix A, 703, if proposed subsequent
to approval of the Master Land Use Plan and Covenants.
(5)
Except as otherwise specified for PNDs, proposed uses
within a PND shall be subject to the provisions set forth for such
use in this chapter.
D.
Review and creation of the Planned Neighborhood Development
District. Whenever a tract of land meets the minimum requirements
for classification as a PND District as stipulated herein, the owner
may file an application with the Town Manager, requesting rezoning
to this classification. A preliminary conference with staff prior
to such filing is required.
(1)
Concept plan.
(a)
Procedure.
[1]
The owner may present and file with the Director
of Planning a concept plan for the project, along with the fee established
in the schedule of fees, showing the rough layout of major roads within
the project, and such areas within the project as may be planned for
particular uses or mixtures of uses, as outlined below. Upon receipt,
the Director of Planning shall forward the concept plan to the Planning
Commission for review and comment. The Planning Commission may recommend
to the Town Council approval, denial or modifications to the concept
plan.
[2]
Upon review and recommendation by the Planning
Commission, the Town Manager shall forward the concept plan to the
Town Council for review and comment. The Town Council may approve,
deny or approve conditionally with stated modifications. Approval
of a concept plan is only an expression of apparent favor to be used
in preparation of the PND Master Land Use Plan and does not authorize
construction of improvements.
(b)
Submittal requirements. The concept plan shall
be prepared by a Virginia registered architect, landscape architect,
or engineer with seal and signature affixed to the plan. The plan
shall be approximately to scale and clearly show the following:
[1]
Location map showing existing zoning and ownership
of property and adjacent land;
[2]
Identification of principal natural features
and/or unique site design features;
[3]
Relationship of the proposal with surrounding
utilities and public facilities to serve the tract at the ultimate
proposed densities;
[4]
The location and size of the components of the
PND, including the general layout of the road system within the project,
location of use areas within the project planned for particular uses
or mixtures of uses and their acreage, residential densities, and
the interior open space system and preservation areas;
[5]
Written description of the use areas;
(2)
Master land use plan. Within six months of the Town
Council's approval or approval conditioned upon modifications of the
concept plan, the developer/owner may prepare and file an application
for an amendment to the Official Zoning Map to a Planned Neighborhood
Development (PND) District, as set forth in this chapter, together
with the established fee in the schedule of fees for rezoning, a statement
of proposed proffers, and an engineered master land use plan for development
presenting a unified and organized arrangement of buildings, service
areas, parking, landscaped areas, recreation areas, open space and
community facilities. All information submitted for consideration
as a master land use plan shall be of sufficient clarity and scale
to accurately identify the location, nature, and character of the
proposed district. At a minimum, the information contained on a master
land use plan shall include:
(a)
A map of the boundaries of the proposed development
site, showing bearings, dimensions at a scale not greater than one
inch to 600 feet;
(b)
A statement of existing property owner(s) and
the proposed developer;
(c)
Names and addresses of adjacent property owners;
(d)
A vicinity map drawn at a scale of between one
inch equals 200 feet and one inch equals 2,000 feet and showing the
relation of the property;
(e)
Topographic map with contour lines at vertical
intervals of not greater than five feet at a minimum scale of one
inch to 200 feet;
(f)
A site analysis map of existing conditions,
including but not limited to the location and delineation of sensitive
environmental features, any one-hundred-year floodplains, watercourses,
non-tidal wetlands, areas greater than fifteen-percent slope, areas
with slopes between 15% and 40%, and significant geologic formations
or man-made features, existing structures and public facilities, historic
landmarks, existing zoning on site and surrounding areas;
(g)
The overall scheme of development, including
the general layout of proposed land uses at a scale of one inch equals
200 feet;
(h)
The location and acreage of recreation areas,
open space and conservation areas, and parks within the development;
(i)
The location, acreage and type of nonresidential
areas and uses, and community/public uses;
(j)
For each residential area shown, the total number
of units in each by type and density;
(k)
An access and circulation plan showing the general
location of all existing and proposed streets and easements of right-of-way,
bridges, culverts, railroads, and utility transmission lines;
(l)
A traffic impact analysis meeting VDOT requirements
and description of the base existing conditions and traffic volumes
for the connecting external road network serving the site, projected
average daily traffic for all new streets within the subdivision based
on the proposed land uses and the traffic growth on adjacent highways,
trip generation rates for peak hours by development and phase, and
internal/external trip distribution and intersection and capacity
analysis, identifying off-site access and traffic control improvements
generated by the traffic demands of the proposed project at full development;
(m)
The proposed general location of all building
areas and other improvements, except single-family and two-family
dwellings and accessory buildings;
(n)
Notations showing the total gross development
acreage, the net development acreage, acreage devoted to each land
use category, the number of dwelling units and overall development
density of the project;
(o)
General intent and schematic plans for water,
sanitary sewer, stormwater management, electrical services, and other
utilities;
(p)
An approximate development schedule/phasing
plan;
(q)
A general description of proposed agreements,
provisions, or covenants that govern the use, maintenance, and continued
protection of property to be held in common ownership;
(r)
Municipal boundaries through the property;
(s)
A narrative statement demonstrating consistency
with the Town of Stanley Comprehensive Plan, suitability of the tract
for the type and intensity of the activities proposed, and the planning
purposes to be achieved by the proposed PND as stated in Appendix
A, 409.0, the design theme and major elements, principal site features,
and environmental components integrated into the plan;
(t)
An impact assessment on the environment, schools,
and on community facilities, services and taxes;
(u)
Demographic profile of proposed development
(population, housing, school children and employment);
(v)
Other relevant data which may be used to evaluate
the project; and
(w)
A set of design guidelines describing the design
principles for the site arrangement, standards for development, including
proposed yards, building heights, building architecture, open space
characteristics, landscaping, hardscape, and buffering, and streetscapes
related to scale, proportions, and massing at the edge of the district.
The design guidelines will establish the appearance standards to be
used as the basis for the appearance review occurring concurrent with
the site development review. The purpose of the appearance standards
shall be:
[1]
To encourage development that enhances the character
of the Town.
[2]
To enhance and protect property values by encouraging
excellent design.
[3]
To encourage architectural freedom, imagination
and variety, and to encourage creative design solutions that will
enhance the Town's visual appearance.
[4]
To promote harmonious unified development within
a planned neighborhood.
(3)
Demonstration of purposes. The purposes shall be demonstrated
in each of the components as follows:
(a)
Relationship of building site.
[1]
The proposed nonresidential development shall
be designed and sited to accomplish a desirable view as observed from
adjacent streets.
[2]
Nonresidential parking areas shall be enhanced
with decorative elements, building wall extensions, plantings, berms,
or other appropriate means to screen parking areas from view from
the streets and adjacent properties.
(b)
Relationship to adjoining areas.
[1]
Adjacent buildings of different architectural
styles shall be made compatible by use of screens, sight breaks, materials
and other methods.
[2]
Landscaping shall provide a transition to adjoining
property and screening between residential and commercial uses, and
for off-street commercial parking and loading areas from public view.
[3]
Texture, building lines and mass shall be harmonious
with adjoining property. Monotonous texture, lines and mass shall
be avoided.
(c)
Building design and landscaping. The applicant
shall provide a narrative for all building types describing compliance
with the following, including dimensional and qualitative specifications:
[1]
Quality of design and landscaping, and compatibility
with surrounding uses for proposed nonresidential development. Architectural
style is not restricted.
[2]
Materials and finishes of good, sound architectural
quality that are harmonious with adjoining buildings.
[3]
Suitable materials for the type and design of
the building. Materials that are architecturally harmonious shall
be used for all exterior building walls and other exterior building
components.
[4]
Building components, such as windows, doors,
eaves, and parapets, with appropriate proportion and relationships
to one another.
[5]
Use of harmonious colors and compatible accents.
[6]
Mechanical equipment or other utility hardware
on roof, ground, or buildings screened from view with materials harmonious
with the building.
[7]
Nonmonotonous design with visual interest provided
by variation in detail, form, and siting.
[8]
Exterior lighting used as part of the architectural
concept; fixtures, standards, and all exposed accessories harmonious
with the building design.
[9]
Landscaping treatment creating unity of design,
enhanced architectural features, strengthened vistas, and providing
shade.
[10]
Plant materials selected for interest in its
structure, texture, and color and for its ultimate growth using indigenous
plants and those that are hardy, harmonious to the design and of good
appearance.
[11]
Protection of plant materials by appropriate
curbs, tree guards, or other devices in locations which are susceptible
to injury by pedestrian or vehicular traffic.
(d)
Signs.
[1]
Signs shall conform to the provisions of § 215-38 and the signs regulations of this chapter for residential districts and this section, except that signs erected on poles shall not be permitted (except any street or roadway signs).
[2]
Every sign shall be of appropriate scale and
proportion in relation to the surrounding buildings.
[3]
Every sign shall be designed as an integral
architectural element of the building and site to which it relates.
[4]
The colors, materials, and lighting of every
sign shall be harmonious with the building and site to which it relates.
[5]
The number of graphic elements on a sign shall
be held to the minimum needed to convey the sign's principal message
and shall be in proportion to the area of the sign.
[6]
Each sign shall be compatible with signs on
adjoining plots or buildings.
[7]
Logos shall conform to the criteria for all
other signs.
[8]
A coordinated, unified sign plan shall be utilized
for direction and information within the PND.
(e)
Miscellaneous structures. Miscellaneous structures
and hardware shall be part of the architectural concept of the project.
Materials, scale and colors shall be compatible with the building
and surrounding uses.
(4)
The Planning Commission shall proceed in general as
for any other rezoning application as required in this chapter, and
recommend to the Town Council to approve, conditionally approve or
disapprove the application.
(5)
The Town Council shall proceed in general as for any
other rezoning application as required in this chapter. Subsequent
to the public hearing and a recommendation from the Planning Commission,
the Town Council shall approve, conditionally approve or disapprove
the application for a master land use plan.
(6)
Upon approval of a master land use plan for development,
the Official Zoning Map shall be amended to indicate the property
as "PND — Planned Neighborhood Development." Once the Town Council
has approved the master land use plan, all accepted proffers shall
constitute conditions, enforceable by the Zoning Administrator.
E.
Standards.
(1)
Planned neighborhood developments shall contain not
less than 15 contiguous acres.
(2)
The project area must be held in single ownership
or all property owners within the proposed district must participate
in the application.
(3)
Planned neighborhood developments shall be served
by municipal water and sewer service.
(4)
Conservation lands. Lands with the following characteristics
shall not be developed and shall not be platted as part of a residential,
community, institutional or commercial lot within a planned neighborhood
development: land within the one-hundred-year floodplain; land with
a natural slope in excess of 40%, and as determined by standard slope
computation methods. These lands shall be designated on the plat for
conservation purposes. Conservation lands may be used in computing
the allowable base residential density. Nontidal wetlands may be platted,
but shall be protected by preservation easements.
(5)
Management and ownership of common open space and
facilities. All common spaces, properties, and facilities shall be
preserved for their intended purpose as specified on the approved
plan. The developer shall provide for the establishment of a property
owner's association conforming to the Virginia Property Owners' Association
Act, Code of Virginia (1950), as amended, to ensure the maintenance
of all common areas.[2]
[2]
Editor's Note: See § 55-508 et seq.
of the Code of Virginia.
F.
Traffic improvements. Where a proposed planned neighborhood
development borders on an existing street whose right-of-way, traffic-carrying
capacity, or sight lines are inadequate to safely and efficiently
accommodate the traffic generated by the proposed development, the
Town Council shall require the applicant to dedicate land for needed
realignment or widening, and to undertake or fund the needed street
improvements.
G.
Dimensional standards.
(1)
Building separation. No structure under 30 feet in
height shall be located within 10 feet of any other structure. Buildings
higher than 30 feet shall be separated by an additional one foot of
separation for each foot of increased height over 30 feet, with no
buildings being more than 45 feet in height.
(2)
Church spires, belfries, cupolas, monuments, municipal
water towers, chimneys, flues, flagpoles, television antennas and
radio aerials are subject to Town Council approval up to a maximum
of 60 feet in height.
H.
Perimeter boundary.
(1)
No portion of a building, structure, or parking area
shall be located within 55 feet of abutting property that is not part
of the proposed planned neighborhood, unless the zoning of the adjacent
property permits uses similar to the proposed planned neighborhood
district use to be located abutting the common boundary. Where proposed
PND uses are similar to uses permitted on the adjacent property, the
minimum separation shall be the same as required for the zoning district
on the adjacent property.
(2)
No portion of a nonresidential use, multifamily residential
use, community use, institutional use or active recreational use shall
be located within 100 feet of abutting property that is not part of
the proposed planned neighborhood, unless the abutting property is
developed as a planned neighborhood district, whereas the separation
shall be equal to the existing yard requirement on the abutting planned
neighborhood district property.
(3)
The minimum front yard requirement of the MDR Medium
Density Residential Zoning District shall apply for a minimum of 200
feet from the border of a planned neighborhood development and adjoining
property that share frontage on the same side of a street.
I.
Multifamily residential development standards. Multifamily
residential development housing shall consist of either townhouses
or multiplexes.
(1)
Townhouses. The maximum number of dwelling units permitted
within a townhouse structure shall be eight. Townhouse structures
shall be developed in compliance with the following requirements:
(a)
There shall be a minimum of 2 1/2 parking
spaces for each townhouse unit. The shared use of such overflow parking
with other uses and activities is encouraged.
(b)
Walkways of four feet in width, constructed
of concrete, stone, brick or similar masonry material (not including
asphalt), shall be installed from parking areas to townhouse units
served by such parking areas.
(c)
The facades of townhouse units shall have variation
in materials, setbacks, and design so that abutting units will not
have the same or essentially the same architectural treatment of facades
and rooflines.
(2)
Multiplex structures. The maximum number of dwelling
units permitted within a multiplex structure shall be four. Multiplex
structures shall be developed in compliance with the following requirements:
(a)
There shall be a minimum of 2 1/2 parking
spaces for each unit. The shared use of such overflow parking with
other uses and activities is encouraged.
(b)
Walkways of four feet in width, constructed
of concrete, stone brick or similar masonry material (not including
asphalt), shall be installed from parking areas to multiplex units
served by such parking areas.
(c)
The minimum size of each individual unit shall
be no less than 700 net square feet.
(d)
Each separate dwelling unit shall have living
space located on the ground floor of the structure.
(3)
Accessory buildings shall be limited to one enclosed
storage building not exceeding seven feet in height nor exceeding
10 feet in length by 10 feet in width.
J.
Utilities. Utilities, such as electric transmission
cable television lines, and telephone lines, serving the planned neighborhood
subdivision shall be installed underground.
K.
Accessory structures. Accessory structures shall not
be located within any front yard, side yard or within five feet of
any other structure. The location of these structures shall be indicated
on the master plan and included in the covenants of the PND.
L.
Neighborhood recreational uses. A minimum of 30% of
the required open space shall be dedicated and developed for neighborhood
recreational use to serve the recreational demands generated by the
planned neighborhood development. Recreational facilities shall be
specifically included in the development schedule and be constructed
and fully improved by the developer at an equivalent or greater rate
than the construction of residential structures.
M.
Commercial uses development standards.
(1)
For planned neighborhood developments, land dedicated
to commercial uses shall be in proportion to the remainder of the
development. Planned neighborhood development containing at least
20 acres may include a commercial area that shall be between 5% and
15% of the total land area of the project acreage. The developer/owner
shall provide specific justification of commercial areas proposed
in excess of 5% of the total acreage, identifying specific impacts
of the commercial development and demonstrating adequate mitigation
of such impacts.
(2)
The total gross floor area of any one commercial category
shall not exceed 35 square feet for each residential unit.
(3)
Commercial uses shall be designed with the intention
of serving the immediate needs and convenience of residents within
and immediately surrounding the planned neighborhood development.
N.
Open space standards.
(1)
Planned neighborhood developments shall reserve a
minimum of 30% of the total project area, not developed as single-family
detached dwelling units having a minimum lot size of 10,000 square
feet, as dedicated natural open space.
(2)
Up to 25% of this requirement may be satisfied with land covered by water or by stormwater detention or retention basins (dry ponds shall not be permitted as open space), if the Town Council determines that such a water body or basin is suitable for the purposes set forth in Subsection A. The dedicated open space shall not be included in subdivision lots. Dedicated open space shall include the land necessary to provide access to the open space.
(3)
Land characterized as conservation lands in Subsection N(4) may be used to fulfill the minimum open space requirement up to a maximum of 50% of the total dedicated natural open space within a planned neighborhood development.
(4)
Dedicated open space shall have shape, dimension, character, location, and topography to accomplish the open space purposes specified in Subsection A and to ensure appropriate public access.
(5)
Dedicated open space land shall be shown on the planned
neighborhood development concept plan and master land use plan and
shall be labeled to specify that the land has been dedicated to open
space purposes. The plans and final plat shall specify that the open
space land shall not be further subdivided or developed and is permanently
reserved for natural open space purposes.
(6)
The open space shall be conveyed by the applicant
as a condition of plat approval and may be conveyed by any of the
following means as determined by the Town Council:
(a)
Reserved for common use or ownership of all
property owners within the development by covenants in the deeds approved
by the Town Attorney. A copy of the proposed deed covenants shall
be submitted with the application.
(b)
Deeded to a property owner's association within
the development upon terms and conditions approved by the Town Attorney
that will ensure the continued use and management of the land for
the intended purposes. The formation and incorporation by the applicant
of one or more appropriate property owners' associations shall be
required prior to plat approval. A copy of the proposed property owner's
deed and the bylaws and other relevant documents of the property owner's
association shall be submitted with the application. The following
shall be required if open space is to be dedicated to a property owner's
association:
[1]
Covenants providing for mandatory membership
in the association and setting forth the owner's rights, interests,
and privileges in the association and the common land, must be included
in the deed for each lot or unit;
[2]
The property owners' association shall have
the responsibility of maintaining the open space and operating and
maintaining recreational facilities;
[3]
The association shall have the authority to
levy charges against all property owners to defray the expenses connected
with the maintenance of open space and recreational facilities; and
[4]
The applicant shall maintain control of dedicated
open space and be responsible for its maintenance until 75% of occupancy
permits for residential units have been issued and development is
sufficient to support the association.
(7)
The owner/developer shall convey or restrict the open
space land by a deed instrument reviewed and approved by the Town
Attorney to ensure that the land will be held and managed in perpetuity
for open space purposes and shall not be further developed.
(8)
If the planned neighborhood development is developed
in phases, the provision of dedicated natural open space shall be
phased with the construction of dwelling units and other improvements
to ensure that a proportionate share of the total dedicated open space
is preserved with each phase.
(9)
Streets and other impervious surfaces shall be excluded
from the calculation of the minimum dedicated open space requirement;
however, lands occupied by bike paths, landscaped grounds, or similar
common recreational development (excluding tennis courts, golf courses,
and buildings) may be counted as dedicated open space, provided that
impervious surfaces constitute no more than 5% of the total required
open space.
(10)
Open space shall be permanently dedicated for
one or more of the following uses: natural resource conservation,
recreational facilities, wetland and watercourse preservation, selective
forestry, wildlife habitat, undeveloped parklands or scenic preservation.
O.
Off-street parking. The number, design, location and construction of parking lots, bays, spaces and drives shall conform to the applicable requirements of §§ 215-32 and 215-33 of this chapter.
(1)
Parking areas shall be planted with trees a minimum
of two inches in caliper measured six inches above ground level, so
that there is at least one tree per 10 parking spaces within the parking
lot. Such trees must be protected against damage by vehicles by curbing
or other means. A minimum planting area, equivalent to 162 square
feet per tree, shall be provided.
(2)
Parking areas shall have a landscaped island at each
end of each row of vehicle spaces. No more than 10 spaces shall be
laid out without an intermediate landscape island. Such planting islands
shall be not less than 10 feet wide in the direction parallel to the
row and not less than 20 feet long in the direction perpendicular
to the row. Each such island shall have a suitable poured-in-place
concrete curb, or approved equal, and shall be planted with grass
or ground cover. All hydrants shall be located in such islands.
P.
Landscaping and screening.
(1)
Screening of uses. Commercial, institutional, and
community uses shall be screened from residential uses within and
abutting the planned neighborhood development by a bufferyard 20 feet
in width containing a minimum of three canopy trees, six understory
trees, and nine shrubs per 100 feet of length (or an amount creating
an equivalent effect and approved with the landscape plan) along the
perimeter of the lot line abutting a residential use.
(2)
Screening along public roadways. Uses within a planned
neighborhood development which abut an arterial street shall be screened
by a bufferyard of 20 feet in width containing a minimum of three
canopy trees, six understory trees and nine shrubs per 100 feet of
frontage (or an amount creating an equivalent effect and approved
with the landscape plan). Canopy trees shall be deciduous shade trees
planted with a minimum of 2 1/2 inches in caliper at six inches
above the ground with a mature height of at least 35 feet. Understory
trees shall be deciduous shade or fruit trees planted at minimum of
1 1/2 inches in caliper at six inches above the ground with a
mature height of at least 12 feet.
(3)
Existing vegetation. Notwithstanding any other provisions
of this section, existing vegetation shall be retained and maintained
to the extent feasible in order to permit existing vegetation to fulfill
or contribute to buffer and screening requirements. In lieu of strict
compliance with the above bufferyard requirements, a developer may
submit a detailed landscaping plan that will afford a degree of buffering
and screening comparable to that provided by these regulations in
making use of existing and new vegetation. For developments utilizing
more than 10% existing vegetation as a density bonus credit, a certified
arborist shall provide a detailed description of the existing vegetation,
with notation of specimen trees, to certify compliance. The arborist's
report shall be accompanied by the proposed measures for ensuring
preservation during and after construction.
(4)
Screening of refuse collection facilities. Uses, except
single-family homes, within a planned neighborhood development shall
provide secure, safe, and sanitary facilities for the storage and
pickup of refuse. Such facilities shall be convenient to collection
and shall be appropriate to the type and size of use being served.
All refuse storage facilities shall be screened on three sides by
a solid wooden fence or masonry wall and a tight evergreen hedge.
The fourth side shall be angled to minimize the view of the refuse
collection facility or shall be screened by an opaque gate made of
durable materials. The screening shall be of sufficient height and
design to effectively screen the facility from the view from nearby
residential uses, streets, adjacent properties, and recreational facilities.
Q.
Density bonuses. Residential density bonuses up to a density of 6.0 dwelling units per acre dedicated to uses other than the commercial uses set forth in Subsection M(2) and (3) may be approved and granted at the discretion of the Town Council upon a finding that a proposed density bonus promotes the purposes of the planned neighborhood development and provides additional public benefit. Each of the following amenities and any other amenities or proffered conditions will be evaluated by the Town Planning Commission and Town Council and used in negotiations with the applicant: a residential density up to 6.0 dwelling units per acre acceptable to both the applicant and the Town Council.
(1)
Dedicated open space. In exchange for increasing the
dedicated natural open space beyond the required 30%, the project
may qualify for a density bonus, provided the natural open space is
increased by a minimum of 5% of the developable acreage. A bonus shall
not be permitted for preservation areas or without sufficient justification
of demonstrated benefit to the Town. Priority shall be given to protecting
existing stands of mature trees.
(2)
Bikeways/Greenways. A system of bike paths and pedestrian
greenways may qualify for a density bonus. In order to qualify, the
bike paths or greenways shall form an integrated system of access
within the development to principal off-site destinations, and be
integrated with other planned or existing systems (i.e., Greenway
Trail — Phase I, II and III, etc.).
(3)
Walk-up housing. A dwelling unit located above the
ground floor of a structure that contains a nonresidential use on
the ground floor may be applied toward the allowable base density
as 1/2 of a dwelling unit.
(4)
Community and institutional uses.
(a)
Child-care facility. In a PND with 75 or more
residential units, a parcel may be designated, dedicated and developed
for use as a child-care facility. This lot shall have a minimum of
100 square feet per residential unit within the PND. The facility
must be operated as a nonprofit organization.
(b)
Community hall. In a PND with 100 or more residential
lots or units, a community hall may be constructed, with an enclosed
area of no less than 25 square feet for each residential unit or lot.
The facility must be operated as a nonprofit organization.
(5)
Developed recreational facilities. Such facilities
may include, but shall not be limited to, tot lots and pocket parks,
ball fields, courts or other athletic facilities, swimming pools,
public pedestrian plazas or arcades with benches, water fountains
and reflecting pools, terraces, sculptures, public art, involving
unique design features and amenities. To be considered for a density
bonus, such recreational facilities shall be developed at a minimum
ratio of three acres per 100 units.
R.
Development review. Within one year of approval of
a master land use plan for development of a planned neighborhood,
prior to the approval of building permits, the applicant shall prepare
and submit for review and approval an engineered development plan,
along with the fee as established in the approved schedule of fees.
The applicant may petition the Town Council for an extension of time
for submission of a development plan, provided such extension is requested
at least 20 days prior to the expiration of the one-year period. The
Town Council may grant an extension upon demonstration of good cause
for up to one year.
(1)
Development plan. A development plan shall be submitted for all proposed commercial, residential, community facility, institutional, or multifamily residential development within a planned neighborhood development. The development plan shall be drawn to scale and shall be accompanied by a narrative, as appropriate. The development plan shall comply with the provisions of Article VIII, Site Plans, of this chapter, unless otherwise provided for herein, and the following:
(a)
All information required for the master plan
submission.
(b)
A development schedule. If phasing is proposed,
indication of the proposed phasing schedule, along with a plan indicating
phased sections.
(c)
A landscape plan prepared by a certified landscape
architect shall be submitted with each site development plan application.
The development plan shall identify proposed trees, shrubs, ground
cover, natural features such as rock outcroppings, other landscaping
elements and planting details. When existing natural growth is proposed
to remain, the applicant shall include in the plans a description
of the landscaping to be retained, a statement from a certified arborist
that the material is desirable and healthy, and the proposed methods
to protect the retained trees and growth during and after construction.
(d)
Proposed number of dwelling units by residential
types, and the area of nonresidential buildings by use type (retail,
office, service, etc.).
(e)
Calculation of the percentage of land area covered
by the various land uses, including landscaped areas.
(f)
Proposed circulation plan showing patterns of
vehicular, pedestrian, or other traffic, parking areas (including
the number of parking spaces).
(g)
Notes identifying any deviations from the approved
master plan.
(2)
Development plan revisions, modifications.
(a)
After approval, all subsequent plans, plats,
and permits for the PND shall be in substantial compliance with the
approved PND master land use plan. Minor adjustment to the master
land use plan may be approved administratively, provided there is
no increase in the overall density or number of housing units in the
development and no reduction in usable open space. Revisions or modifications
which substantially change the development, design, density, concept,
uses, or magnitude shall cause the revised plan to be referred back
through the review process as if it were an original submission.
(b)
Revisions to the site development plan may be
proposed by the applicant prior to the Town Council's review. The
Town Council, at its discretion, may consider the application with
minor revisions as proposed or may return the plan to the Planning
Commission for further review.
(3)
Amendments to planned development districts. Land
area may be added to an established PND if it adjoins and is demonstrated
to become an integral part of the approved development. The procedures
for any addition of land shall be the same as for an original application
and all requirements shall apply.
(4)
Final plats. Final plats shall be submitted concurrently with the site development plan. Except as provided herein, planned neighborhood development plats shall comply with the this chapter and Chapter 170, Subdivision of Land, of the Code of the Town of Stanley, Virginia, except that reasonable waivers and variances may be granted by the Town Council in order to facilitate creative design consistent with good community planning standards. The specific provisions of this chapter shall prevail for development of planned neighborhood districts whenever conflict exists with other general ordinance provisions.
(5)
Recordation of documents. Any applicable covenants,
governance documents and easements shall be recorded in the Page County
Circuit Court Clerk's office within six months of approval of the
final plat.
S.
Evaluation criteria. Application for rezoning to a
Planned Neighborhood Development District shall specifically demonstrate
achievement of the following objectives. Each proposed planned neighborhood
development will be evaluated on the extent to which these objectives
are achieved:
(1)
Provides a variety of housing types and designs at
a range of densities and costs in an orderly relationship to one another.
(2)
Employs architectural, landscape and/or other design
features to provide compatibility between different uses.
(3)
Includes a network of circulation systems for various
transportation modes that connect to the surrounding area.
(4)
Conserves a minimum of 30% of the total project area,
not developed as single-family detached dwelling units having a minimum
lot size of 10,000 square feet, as open space, incorporating a system
of parks, open spaces, recreational facilities, and public amenities
within the development which enhance the total plan of development.
(5)
Efficiently utilizes land to protect and preserve
natural features such as trees, streams, and topographic features.
(6)
Provides a mechanism to relate the type, design and
layout of proposed development to the specific characteristics of
the particular parcel.
(7)
Exhibits consistency with the Town's Comprehensive
Plan and provides overall benefits to the Town.
(8)
Demonstrates adequate capacity of public facilities
and utilities to serve the development.
(9)
Minimizes traffic impacts upon the surrounding traffic
network.
Townhouses are encouraged in the HDR District
in order to encourage a more flexible pattern of development, subject
to the following standards:
A.
Parcel size. The minimum parcel size for development
shall be one acre and shall result in the creation of no fewer than
three units.
B.
Percent of lot coverage. All buildings, including
accessory buildings, shall not cover more than 40% of the gross acreage
of the tract.
C.
Density. Density of development shall not exceed 14
dwelling units per gross acre.
D.
Dimensional requirements. Each townhouse shall have
a front yard of at least 25 feet from the right-of-way line to the
front of the structure. Townhouses on ends of groups shall have minimum
side yards of 20 feet, and all townhouses shall have a minimum rear
yard of not less than 30 feet in depth. The height of all structures
within a townhouse district shall be limited to 35 feet.
E.
Landscaping. All rear yards shall be screened from
adjacent land uses by a fence not less than five feet in height. The
rear yards of all units shall be defined by a fence not less than
five feet in height, extending at least eight feet from the common
walls of adjacent units.
F.
Architectural treatment. Architectural treatment of
facades of townhouses in a group shall be varied by recessing the
front wall and/or by variations in materials, colors, textures or
designs so that no more than four abutting townhouses in a group will
have the same facade.
G.
Common areas. A minimum of 30% of the gross lot area
shall be devoted to common open space. Required yard areas, sidewalks
and parking areas shall not be considered common open space. The developer
shall provide for an organization for the ownership and maintenance
of the common open space for the benefit of residents of the development
in accordance with the Virginia Condominium Act.[1]
[1]
Editor's Note: See § 55-79.39 et
seq. of the Virginia Code.
H.
At least 300 square feet per unit of the gross lot
area shall be developed for active recreation purposes, which shall
be included as part of the open space requirement.
I.
Unit design. Each townhouse dwelling unit shall be
entered by a separate ground-level entrance.
K.
A drainage plan for the elimination of stormwater
from the site shall be submitted with each application. In no case
shall a site be graded so as to allow any areas of standing water
to exist.
L.
Trash disposal areas shall be provided and shall be
screened by evergreen plants or a fence on three sides at least six
feet high.
M.
The applicant shall contact the Town Council for water
and sewer services. Townhouses shall only be allowed if Town water
and sewer are available.
Garden apartments are encouraged in the HDR
District, subject to the following standards:
A.
Parcel size. The minimum lot size for apartment developments
is 10,000 square feet for an apartment structure having three units,
with an additional 2,000 square feet of lot area for each additional
unit above three.
B.
Dimensional requirements. There shall be a minimum
front yard of 40 feet from the street right-of-way to the front of
the building, a side yard of 30 feet on each side and a rear yard
of 50 feet. The minimum lot width shall be 125 feet at the setback
line. The maximum building height shall be three stories and shall
not exceed 35 feet.
C.
The radius of culs-de-sac shall be at least 50 feet.
No more than 25 dwelling units shall have sole principal access on
any cul-de-sac.
D.
A storm runoff and drainage control system shall be
installed by the developer in accordance with road engineering practices.
The purpose of this section is to encourage
planned shopping centers in the Highway Commercial District, subject
to the following standards:
A.
Planned shopping centers shall be in single ownership
or under a guaranteed unified management control. Shopping centers
shall consist of a harmonious selection of uses and groupings of buildings,
services and parking areas, circulation and open space and shall be
subject to the provisions of the Condominium Act of the Code of Virginia,[1] as amended, in addition to the following requirements.
[1]
Editor's Note: See § 55-79.39 et
seq. of the Virginia Code.
B.
Parcel size. The minimum parcel to be considered for
development shall be no less than three acres.
C.
Dimensional requirements. There shall be a minimum
front yard of 100 feet, a minimum side yard of 100 feet and a minimum
rear yard of 80 feet. The maximum lot coverage shall be no more than
50%. The maximum building height shall be 35 feet.
D.
All means of ingress or egress from the shopping center
to any public street or state highway shall be located at least 200
feet away from any other intersecting street or streets and shall
be designed to conduct traffic in a safe manner. The developer shall
be responsible for the purchase and erection of any necessary traffic
control devices and the construction of additional merging lanes as
may be required by the Town or the State Department of Highways and
Transportation.
E.
Interior accessways shall be designed so as to prevent the blocking of vehicles entering or leaving the site. Areas provided for loading or unloading of trucks shall meet the loading and unloading criteria of § 215-33.
F.
Storage areas for trash and rubbish shall be completely
screened, and all organic rubbish shall be deposited in containers
with tightly fitting lids.
Industrial use standards are as follows:
A.
In addition to the information required for site plan
review, the applicant shall submit a detailed description of the proposed
industrial facilities and the materials, processes, products and by-products
involved. Specific information shall be submitted with respect to
the following potential impacts and the proposed control strategies:
B.
No use shall be permitted within the Town which does
not conform to federal, state and Town standards. The following requirements
shall be the minimum requirements to be maintained within the Town:
(1)
Noise. There shall be no noise measured along the
property line on which the use is located which shall exceed the values
given in the following table:
Frequency Band
(cycles per second)
|
Average Sound Pressure Level
(decibels 0.0002 dyne per centimeter)
| |
---|---|---|
0 to 75
|
90
| |
75 to 100
|
82
| |
100 to 300
|
74
| |
300 to 600
|
68
| |
600 to 1,200
|
66
| |
1,200 to 2,400
|
62
| |
2,400 to 4,800
|
59
| |
4,800 and above
|
56
|
(2)
Smoke. No smoke shall be emitted from any chimney
or other source visible greater than No. 2 on the Ringelmann Smoke
Chart as published by the United States Bureau of Mines.
(3)
Odor. No emission of odorous gases or other odorous
matter shall be permitted which is offensive past any lot line.
(4)
Glare or heat. Any operation producing glare or heat
shall be performed within an enclosed building.
(5)
Toxic or noxious matters. No use shall for any period
of time discharge any toxic or noxious matter.
(6)
All trash disposal areas shall be screened by a fence
of at least six feet in height.
(7)
The facility shall meet all requirements of the State
Water Control Board and shall notify the Town Council of all effluents
in its liquid waste stream. Such industrial uses shall be responsible
for the cost of treating all unused treatment problems.
(8)
Access to the site shall be by an access road acceptable
to the Town Council. Such access road shall meet the requirements
for visibility at intersections.
The purpose of this section is to provide standards
for mobile home parks in the Medium Density Residential District.
A.
Mobile home parks shall be in single ownership or
under a guaranteed management control. Such parks shall consist of
a harmonious and orderly grouping of mobile units on adequately sized
lots with provisions made for circulation, parking, utility buildings,
trash collection and the provision of sewer and water service. Water
and sewage facilities shall receive all approvals before any units
are placed on the site.
B.
Mobile home park size. The minimum parcel size to
be considered for development shall be five acres, and the maximum
density allowed shall be no more than six units per gross acre.
C.
Dimensional requirements. All mobile homes shall be
located at least 50 feet from the property boundary line abutting
a public street or highway and at least 20 feet from other boundary
lines of the development.
D.
Lot size. The minimum size of a mobile home lot shall
be 5,000 square feet. The boundary lines of all lots proposed shall
be plainly marked on the site plan. The corners of all mobile home
lots shall be marked with a steel pipe or pin.
E.
Dimensional requirements. There shall be a minimum
distance of 15 feet between a mobile home and the abutting access
street. The mobile home shall be located a minimum of 15 feet from
a side lot line.
F.
Parking. Two parallel off-street parking spaces shall
be provided for each mobile home unit. Such spaces shall be paved
with an all-weather surface.
G.
Access. All access points to the mobile home community
shall be designed to encourage smooth traffic flow with controlled
turning movements and minimum hazards to vehicular or pedestrian traffic.
Merging and turnout lanes and/or traffic dividers shall be required
where existing or anticipated heavy flows indicate need. Through traffic
shall be discouraged. No lot within any development shall have direct
vehicular access to a street bordering the development.
H.
Streets. Streets which are to be dedicated to the
Town, if any, shall be designed and constructed in accordance with
the Virginia Department of Highways and Transportation's specifications
for subdivision roads. There shall be a moving land width of 20 feet
for collector streets and 14 feet for minor streets. Grades of all
streets shall be no less than 1/2 of 1% and no more than 2%. Short
runs with a maximum grade of 12% may be permitted, provided that traffic
safety is assured. Street intersections shall generally be at right
angles. Offsets at intersections of less than 125 feet shall be prohibited.
No more than two streets shall intersect at any one point.
I.
Pedestrian walks. All mobile home communities shall
be provided with safe, convenient all-season pedestrian accessways
of adequate width for intended use. Bicycle paths, if provided, shall
be so related to the pedestrianway system that street crossings are
combined.
J.
Recreation and open space. Not less than 10% of the
gross area of the mobile home development shall be reserved as common
open space and recreation facilities, exclusive of required exterior
boundary setback areas, pedestrianways, parking bays, public or private
streets and community storage facilities. Buildings with facilities
such as indoor recreation areas, swimming pools, hobby shops or libraries
may be regarded as 10% of the required open space. Lakes or ponds
may constitute 25% of the required common area.
K.
Setbacks, buffers and screening. All planned mobile
home parks located adjacent to industrial or commercial land uses
shall be provided with screening, pursuant to the standards in this
article, along the property boundary lines separating the development
and adjacent uses.
L.
Sanitary facilities. Every planned mobile home community
shall be provided with emergency sanitary facilities. For each 25
mobile home lots or fractional part thereof, there shall be one flush
toilet and one lavatory. The building containing such facilities shall
be accessible to all mobile homes in the development.
M.
Storage yard. There shall be a screened storage yard
or yards for boats, recreational vehicles, etc. Such storage yards
shall have a minimum of 120 square feet of storage space for each
mobile home lot in the development and shall be located and landscaped
so as not to detract from surrounding properties or uses. All boats
and recreational vehicles shall be parked in the storage yard.
N.
Utilities and facilities.
(1)
All electrical and telephone wiring, as well as all
water, sewer and gas lines, shall be installed underground wherever
conditions permit.
(2)
An adequate, safe and potable supply of water approved
by the Health Department shall be provided in each mobile home community.
(3)
An adequate and safe sewerage system installed and
maintained in accordance with the Virginia Department of Health shall
be provided. Wherever feasible, connection should be made to a public
system.
(4)
Corrosive-resistant metal cans or other noncombustible
containers with tight-fitting covers shall be provided in quantities
adequate to permit disposal of all garbage and rubbish. Every mobile
home lot shall have at least one can or container and a rack or stand
suitable to keep the can from being overturned. The containers shall
be kept in sanitary conditions, as determined by the inspection of
the Health Department. Solid waste shall be collected and disposed
of as frequently as may be necessary, but not less than twice weekly.
(5)
All gasoline, liquefied petroleum gas or fuel oil
storage tanks or cylinders shall be screened and not located inside
or beneath any mobile home or accessory structure or less than five
feet from any mobile home exit. Such tanks or cylinders may be placed
underground.
(6)
The mobile home development shall be either connected
to a TV cable antenna connection or a central antenna shall be installed.
Where a central antenna system is installed as part of the property
to be covered by mortgage insurance, a warranty shall be obtained
to assure satisfactory service. Distribution to the mobile home lots
shall be underground wherever conditions permit.
[Added 11-10-2021]
A.
The
owner(s) of any dwelling shall apply for a Town of Stanley business
license prior to using the dwelling as a short-term rental.
B.
Prior
to using the dwelling as a short-term tourist rental, a property management
plan demonstrating how the short-term rental will be managed and how
the impact on neighboring properties will be minimized shall be submitted
for review and approval by the Zoning Administrator. The plan shall
include local points of contact available to respond immediately to
complaints, clean up garbage, manage unruly tenants and must be part
of the rental agreement.
C.
Maximum
number of occupants shall be determined by the Page County Health
Department and occupancy shall be limited to the number of people
set forth by the permit issued.
D.
Parking
for the short- term tourist rental shall be in driveways or other
designated and approved parking areas. The parking of vehicles is
prohibited from blocking the road or rights-of-way of through traffic.
E.
Failure
to comply with these supplemental regulations will result in violation
of the Town of Stanley Zoning Ordinance.
[Amended 11-15-2006]
An applicant for a rezoning may proffer in writing,
before the public hearing by the Town Council, conditions to be placed
on the approval of the rezoning.
A.
Procedures. Proffers shall be presented to the Planning
Commission at the advertised public hearing for the rezoning. The
Planning Commission shall make a recommendation on the acceptance
of the proffers and the rezoning to the Town Council following the
procedures described for amendments to this chapter.[1] Final proffers shall be received in writing, signed by
the owner and the applicant, at least five days prior to the advertised
hearing of the Town Council.
C.
Types of proffers. The types of conditions proffered
shall include, but need not be limited to, the following:
(1)
Limitations on the use of the land.
(2)
Limitations on the type of housing provided.
(3)
Limitations on the density or intensity of the use.
(4)
On-site or off-site sewer or water improvements.
(5)
On-site or off-site drainage improvements.
(6)
On-site or off-site road, entrance or driveway improvements.
(7)
A particular master development plan or plan features
or site layout features.
(8)
Buffer, screening and separation features.
(9)
Requirements concerning the phasing or timing of development.
(10)
The dedication of land for planned roads or
for facilities identified in the Capital Improvements Plan.
(11)
The construction of planned roads or necessary
road improvements.
(12)
The construction of facilities identified in
the Capital Improvements Plan.
(13)
Cash contributions for road improvements or
for planned facilities identified in the Capital Improvements Plan.
(14)
Other conditions used to lessen or mitigate
the impacts identified in the impact analysis.
E.
Enforcement of conditions. The Zoning Administrator
shall keep records of all conditions attached to rezoning, which shall
be readily accessible to the public. The Zoning Map shall show by
appropriate symbol the existence of conditions accepted for rezonings.
In addition, the Zoning Administrator shall maintain a conditional
zoning index which shall provide for ready access to the conditions
created. Failure to meet all conditions shall constitute cause to
deny the issuance of building or occupancy permits. The Zoning Administrator
shall enforce the conditions attached to the rezoning using the following
means:
(1)
The ordering in writing of the remedy of any noncompliance
with such conditions.
(2)
The bringing of legal action to ensure compliance
with such conditions, including injunction, abatement or other appropriate
actions.
(3)
The requiring of a guarantee, satisfactory to the
Town Council, in an amount sufficient for the construction of any
improvements required by the conditions or a contract for the construction
of such improvements. The applicant's guarantee shall be released
by the Zoning Administrator upon the completion of such improvements.