Division III. Supplementary Regulations Applying to a Specific, to Several, or to All Districts

Chapter 18.105


18.105.010    Purpose.

18.105.020    Planned residential development.

18.105.030    Single-family attached dwelling and single-family semi-detached dwelling.

18.105.040    Cemetery.

18.105.050    Public and private utilities and services.

18.105.060    Private day nurseries and kindergartens.

18.105.070    Automobile wrecking and junk yards.

18.105.080    Modifications for condominium unit development.

18.105.010 Purpose.

In order to accomplish the general purpose of this title, it is necessary to give special consideration to certain uses because they are unique in nature, require large land areas, are potentially incompatible with existing development, or because the effects of such uses cannot definitely be foreseen.

The following uses shall be subject to compliance with the regulations in this chapter, and with the procedure for authorizing uses permitted on review as set forth in Chapter 18.210 SCC. (Zoning ordinance Art. 5, § 1).

18.105.020 Planned residential development.

(1) General Description. The regulations established in this section are intended to provide optional methods of land development which encourage more imaginative solutions to environmental design problems. Residential areas thus established would be characterized by a unified building and site development program, open space for recreation, and the provision for commercial (in R-3 and R-4 districts only), religious, educational, and cultural facilities which are integrated with the total project by unified architectural and open space treatment. In order to accomplish these objectives, the customary district regulations may be modified; provided, that overall population densities do not exceed the densities of specific residential districts. A planned residential development shall be permitted in any R-1, R-2, R-3, R-4, and P-1 districts.

(2) Permitted Principal and Accessory Uses and Structures.

(a) The uses permitted in a planned residential development shall only be those uses permitted in the particular zoning district wherein the planned residential development is located, and the intensity of use for the planned residential development must not exceed the intensity of use for the particular zoning district involved.

(b) Notwithstanding the provisions of subsection (2)(a) of this section, facilities for a homeowners association to provide for maintenance facilities and other activities by the homeowners association for the purposes of the planned residential development only and community facilities usage such as churches and other religious institutions, and nonprofit clubs such as country clubs, swimming, and/or tennis clubs may be permitted.

(c) Notwithstanding the provisions of subsection (2)(a) of this section, recreation usage within the planned residential development may include such facilities as would be consistent with the basic district for the planned residential development. Any structure involved in such usages shall have a 25-foot setback from all property lines. The amount of land set aside for permanent usable open space and recreational use shall be 15 percent of the gross development area.

(d) Additional permitted uses and regulations for planned residential development in R-3 and R-4 districts:

(i) The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the district or districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, commercial use, and street rights-of-way from the gross development area. The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted. Where an area of 50 acres or more is being developed, a maximum of 20 percent of dwellings located within the area included in the development may be multiple dwellings. In all areas under 50 acres, a maximum of 15 percent of the dwellings may be multiple-family.

(ii) For each 100 dwelling units in the development plan, and notwithstanding the provisions of subsection (2)(a) of this section, one acre may be set aside for commercial uses permitted in the B-1 district provided that such commercial use shall be planned and gauged primarily for the service and convenience of the residents within the planned residential development and the people working therein and shall only be authorized to the extent that such uses are not available to such residents in reasonable proximity to the planned residential development.

(3) Area Regulations. The minimum lot size requirements for the applicable district shall not apply to planned residential development; provided, that the overall density of dwelling units is no greater than that permitted by the requirements for the applicable district. Each lot need not front on a dedicated street; provided, that each lot has vehicular and pedestrian access to a dedicated street through a prescribed easement or common area. All buildings shall be set back from street right-of-way lines and from the periphery of the project subject to the approval of the planning commission.

(4) Intensity of Use. The intensity of use shall not exceed the number of families per gross acre for the entire project as applied for the applicable zoning district.

(5) Off-Street Parking. Off-street parking is as regulated in Chapter 18.125 SCC.

(6) Administrative Procedure for a Planned Residential Development. In addition to the administration requirements set forth in Chapter 18.210 SCC, and the additional notice requirements set forth in subsection (6)(e) of this section, a planned residential development shall not be permitted until the following conditions have been complied with.

There shall have been filed with the planning commission a written application for approval, which application shall be accompanied with the following information:

(a) The application must be accompanied by an overall development plan showing the use or uses, dimensions, and locations of proposed sites, and other open spaces, with such other pertinent information as may be necessary to determine the contemplated arrangement or use which makes it desirable to apply regulations and requirements differing from those ordinarily applicable under this title. The applicant shall obtain written comments on the proposed development plan from the fire department, health department, affected utility companies, building official, and recreation department and submit these with application. The application must also be accompanied by the proposed agreements, provisions, or covenants for governing the use, maintenance, and continued protection of the planned development, prescribed easements and any common areas that are not to be dedicated to and accepted by the city of Staunton which must be recorded with or prior to the first lot conveyance.

The proposed development plan shall be prepared by and have the seal of an architect or engineer duly registered to practice in the state of Virginia.

(b) The planning commission shall review the conformity of the proposed development and shall recognize principles of civic design, land use planning, and landscape architecture. The planning commission may impose conditions regarding layout, circulation, and performance of the proposed development, and may require that appropriate deed restrictions be filed. The planning commission shall also review provisions for surface water drainage, storm sewers, and the specifications of the streets serving the subject development and may impose conditions regarding the same prior to its recommendations with respect to the subject project.

(c) The tract or parcel of land involved must be either in one ownership or the subject of an application filed jointly by the owners of all the property included or filed by any governmental agency.

(d) The proposed development must be designed to produce an environment of stable and desirable character not out of harmony with its surrounding neighborhood, and must provide standards of open space and areas for parking adequate for the occupancy proposed. It must include provisions for recreation areas to meet the needs of the anticipated population.

(e) In addition to the notice requirements set forth in Chapter 18.210 SCC, written notice shall be given before the public hearing conducted by the planning commission to the owner or owners, their agent, or the occupant, of all abutting property and property immediately across the street or road from the property affected. Notice sent by registered or certified mail to the last known address of such owner, as shown on the current real estate tax assessment books, shall be deemed adequate compliance with this requirement.

(f) Upon the abandonment of a particular project authorized under this chapter, or upon the expiration of two years from the authorization hereunder of a planned development which has not by then been completed or commenced and an extension of time for completion granted, the authorization shall expire and the land and structures thereon may be used without such approval for any other lawful purpose permissible within the area regulations of the district in which the planned development is located.

(7) Recordation of Plat. Upon the approval of the proposed development plan by the city council of the city of Staunton, a plat of the development shall be recorded and shall show building lines, common land, streets, easements, and other applicable features required by the title regulating the subdivision of land. No building permit shall be issued until the final plat of the proposed development is approved and recorded. (Ord. 2020-17. Zoning ordinance Art. 5, § 1).

18.105.030 Single-family attached dwelling and single-family semi-detached dwelling.

Single-family attached dwellings and single-family semi-detached dwellings are permitted in the R-3 and R-4 districts, provided they comply with the following specifications:

(1) Each dwelling unit shall be located on a separate lot fronting on a street.

(2) Development involving new or additional streets, or any public dedication of land, shall be subject to review and approval in accordance with the subdivision provisions prescribed in SCC Title 17.

(3) Area Regulations.

(a) Setback. The minimum front setback shall be 25 feet.

(b) Side Yard.

Interior attached dwellings

None required

End dwellings

15 feet

End dwelling adjoining another zoning district

25 feet

(c) Rear Yard. There shall be a rear yard of not less than 25 feet.

(d) Lot Size. Minimum lot widths shall be:

Attached dwelling

20 feet

End attached dwelling or semi-detached dwelling

35 feet

Minimum lot depth

100 feet

(e) Lot Size. Minimum lot depth shall be 100 feet.

(4) Height Regulations. No attached or semi-detached dwelling unit shall exceed the height of two and one-half stories or 35 feet in height, except as provided in Chapter 18.115 SCC.

(5) Off-Street Parking. The off-street parking shall be as regulated in Chapter 18.125 SCC. The required parking may be provided in common parking garages or areas within 200 feet of the group served.

(6) Other Requirements.

(a) There shall be not more than six dwelling units in any group of attached dwelling units and no more than three abutting dwellings or any group shall have the same front setback and the same, or essentially the same, architectural treatment of facades and roof lines. The minimum structural offset after any four abutting dwellings shall be two feet.

(b) Accessory buildings shall be permitted as prescribed in an R-3 district, Chapter 18.30 SCC. (Ord. 2010-09; Ord. 2006-13. Zoning ordinance Art. 5, § 1).

18.105.040 Cemetery.

(1) The site proposed for a cemetery shall not interfere with the development of a system of collector and larger streets in the vicinity of such site. In addition, such site shall have direct access to a thoroughfare.

(2) Any new cemetery shall be located on a site containing not less than 20 acres.

(3) All other structures including, but not limited to, mausoleum, permanent monument, or maintenance building shall be set back not less than 25 feet from any property line or street right-of-way line.

(4) All graves or burial lots shall be set back not less than 25 feet from any property line or street right-of-way line.

(5) All required yards shall be landscaped and maintained. (Zoning ordinance Art. 5, § 1).

18.105.050 Public and private utilities and services.

Where permitted, public and private utilities and services shall be subject to the following requirements:

(1) Health Department Report. Application for permission to operate waterworks and/or sewage treatment plants shall be accompanied by a report and a recommendation from the health department. Such recommendations as to design and construction, type of treatment, source of water, standards for testing and sampling, and standards for the quality of effluent, shall be incorporated into and made a part of the application.

(2) Lot Area and Location. The required lot area and location shall be specified as part of the application and shall be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.

(3) Fencing and/or Screening. Where findings indicate that a hazard may result or that interference with the development or use and enjoyment of surrounding residential properties may ensue, fencing or screening with an evergreen hedge or other shielding material may be required in a manner consistent with such findings. (Zoning ordinance Art. 5, § 1).

18.105.060 Private day nurseries and kindergartens.

(1) A fenced play area shall be provided.

(2) In addition to the requirements above, the facilities, operation, and maintenance shall meet the requirements of the county health department. (Zoning ordinance Art. 5, § 1).

18.105.070 Automobile wrecking and junk yards.

(1) Location. Because of the tendency for salvage yards to promote the breeding of vermin, no such operation shall be permitted closer than 300 feet from any established residential district.

(2) Screening. All outdoor storage of salvage and wrecking operations shall be conducted entirely within an enclosed opaque fence or wall, excepting driveway areas, from eight to 12 feet in height. Storage between the street and such fence or wall is expressly prohibited. Any fence or wall erected for screening purposes shall be properly painted or otherwise maintained in good condition until a screen of evergreen plantings are large enough to shield the premises from view, from the street, and from surrounding property.

(3) Off-Street Parking. Off-street parking is as regulated in Chapter 18.125 SCC.

(4) Ingress and Egress. The number of vehicular access driveways permitted on any single street frontage should be limited to:

(a) One driveway where the parcel to be used has a maximum street frontage of 100 feet or less.

(b) Two driveways where the street frontage exceeds 100 feet. Driveways used for ingress and egress shall be limited to a maximum of 40 feet in width, exclusive of curb returns. (Zoning ordinance Art. 5, § 1).

18.105.080 Modifications for condominium unit development.

(1) Condominium Unit Subdivisions. It is the intent of this chapter to permit the development of housing development known as condominium units. For purposes of application of these regulations, a condominium unit shall be constructed to be a subdivision of real estate and all platting requirements of this chapter, except as modified in this division, shall apply to such projects.

Condominium unit subdivision shall include a condominium as defined in the Code of Virginia and it shall also include any similar type development not technically within the definitions of the Code of Virginia, but substantially conforming to condominium type development and usage.

(2) Special Regulations for Condominium Unit Subdivision. The following special regulations shall apply to any condominium unit subdivision platted under this chapter:

(a) In considering its relation to zoning, the condominium development shall be subject to all applicable zoning regulations for the specific housing types planned in such developments. A condominimum unit development shall not exceed the maximum intensity of use permitted in the zoning district in which the development is located.

(b) All structures within such development shall be planned so as not to impair an adequate supply of light and air to adjacent properties.

(c) Off-street parking as prescribed for the applicable use under Chapter 18.125 SCC shall be provided.

(d) Unless a dwelling unit is located on a separate lot fronting on a street, the dwelling unit must have vehicular and pedestrian access to a dedicated and accepted street through a prescribed easement or common area constituting part of the common element. All buildings shall be set back from street right-of-way lines and from the periphery of the project as prescribed for the zone in which the project is located.

(e) The horizontal property plan must be approved by the planning commission and city council under the procedure for uses permitted on review. The application must also be accompanied by the proposed agreements, provisions, or covenants for governing the use, maintenance, and continued protection of the condominium development and any common areas that are not to be dedicated to the city of Staunton. (Zoning ordinance Art. 5, § 1).