Article III: Special & Overlay District Regulations
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1999 Montgomery County Zoning Ordinance is being provided as a public
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available from the Montgomery County Department of Planning and Inspections,
is the controlling legal authority. Please be advised that the information
contained in the online version of the 1999 Montgomery County Zoning Ordinance
is subject to constant change and that Montgomery County, its agents,
consultants, contractors, or employees collectively referred to as "the
County" do not guarantee that the information presented is accurate or
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through links or editorial addendum (all red text), are meant only as
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Text color indicates proposed changes in the ordinance
§10-33. PIN PLANNED INDUSTRIAL DISTRICT
(1) Purpose
(2) Qualifying Lands
(3) Uses Permitted By Right
(4) Uses Permitted By Special Use Permit
(5) Lot Requirements
(6) Building Requirements
(7) Use Limitations
(1) Purpose
(2) Qualifying Lands
(3) Uses Permitted By Right
(4) Uses Permitted By Special Use Permit
(5) Lot Requirements
(6) Building Requirements
(7) Use Limitations
(1) Purpose
(2) Qualifying Lands
(3) Uses Permitted By Right
(4) Uses Permitted By Special Use Permit
(5) Lot Requirements
(6) Building Requirements
(7) Use Limitations
(1) Purpose
(2) Qualifying Lands
(3) Uses Permitted By Right
(4) Uses Permitted By Special Use Permit
(5) Lot Requirements
(6) Building Requirements
(7) Use Limitations
(1) Purpose
(2) Authority
(3) Compliance and Liability
(4) Qualifying/Regulated Lands
(5) District Boundary Changes
(6) Uses Permitted By Right
(7) Use Limitations
(8) Special Variance Factors
(1) Purpose
(2) District Boundaries
(3) Uses Permitted By Right
(4) Uses Permitted By Special Use Permit
(5) Building and Lot Requirements
(6) Variances
(7) Special Use Permits and Zoning Map Amendments
(1) Purpose
(2) Qualifying /Regulated Lands
(3) Uses Permitted By Right
(4) Uses Permitted By Special Use Permit
(5) Lot Requirements
(6) Building Requirements
(7) Use Limitations
(8) Additional Standards
(9) Special Variance Factors
(1) Purpose
(2) Qualifying Lands
(3) Uses Permitted By Right
(4) Uses Permitted By Special Use Permit
(5) Lot Requirements
(6) Building Requirements
(7) Use Limitations
Division A: Special Districts
§10-33. PIN Planned
Industrial
(1) Purpose
This district is established to provide for economic development and job
opportunities by accommodating certain light industrial and business uses
and related uses with limited environmental and visual impact that wish
to locate in an area of like uses, all to be developed and operated according
to standards that will ensure maintenance of a park-like atmosphere. Activities
in PIN districts shall have limited traffic and other impacts on uses in
other districts through proper location on major streets, adherence to Ordinance
performance standards and provision of open space and physical buffers as
prescribed.
(2) Qualifying Lands
Lands qualifying for inclusion in the PIN zoning district shall be PIN
on the date of passage of this Ordinance, or other lands within areas mapped
as Urban Expansion
or Rural Expansion in the Comprehensive Plan
which are served by or planned for connections to public sewer and water.
The minimum area required
to create a district shall be five (5) acres of total contiguous land.
(3) Uses Permitted by Right
The following uses are permitted by right, subject to compliance with all
approved plans and permits, development standards and performance standards
contained in this Ordinance:
| (a) |
Animal
hospital |
| (b) |
Assembly of electrical
appliances, electronic instruments and devices, radios and phonographs,
including the manufacture of small parts |
| (c) |
Business
or trade school |
| (d) |
Cabinets, furniture
and upholstery shop |
| (e) |
Cemetery,
mausoleum or memorial park |
| (f) |
Civic
club |
| (g) |
Conference
or training center |
| (h) |
Crematorium |
| (i) |
Day care
facility / center |
| (j) |
Equipment sales and
service |
| (k) |
Financial
services |
| (l) |
Fire, police, rescue
facility |
| (m) |
Flex-industrial
uses |
| (n) |
Homeless
shelter |
| (o) |
Hotel, motel |
| (p) |
Laboratory, pharmaceutical
or medical |
| (q) |
Laundry, dry cleaning
plant |
| (r) |
Manufacture of musical
instruments, toys, novelties, rubber and metal stamps |
| (s) |
Manufacture of pottery
and figurines or other similar ceramic products, using only previously
pulverized clay and kilns fired only by electricity or gas |
| (t) |
Manufacturing,
compounding, processing, packaging or treatment of such products as
bakery goods, candy, cosmetics, dairy products, drugs, perfumes, pharmaceuticals,
perfumed toilet soap, toiletries, food and tobacco products |
| (u) |
Mini
warehouse |
| (v) |
Monument stone works |
| (w) |
Office, administrative,
business or professional |
| (x) |
Park
and ride lot |
| (y) |
Pet, household |
| (z) |
Post office |
| (aa) |
Printing service |
| (bb) |
Public
utility lines, other |
| (cc) |
Public
utility lines; water or sewer |
| (dd) |
Public utility
substation |
| (ee) |
Research, experimental,
testing or development activity |
| (ff) |
Retail
sales and service incidental to any other permitted use |
| (gg) |
Storage
warehouse |
| (hh) |
Telecommunication
tower, attached |
| (ii) |
Veterinary service |
| (jj) |
Wholesale
business |
(4) Uses Permitted by Special
Use Permit
The following uses may be permitted by the Board of Supervisors as special
uses, subject to the requirements of this Ordinance:
(5) Lot Requirements
(a) Minimum Lot Area:
One (1) acre except for public utility or public water or sewer installations
which shall be in accordance with the Montgomery County Subdivision Ordinance
(b) Lot Access:
Lots shall be accessed from a road in the VDOT
system or from a hard-surfaced road designed by a
Professional Engineer to accommodate projected volumes, loads and
vehicle types and approved by the Zoning Administrator
and the Fire Marshall. Lot access shall avoid impact on residential subdivisions
from primary access and through traffic.
(c) Maximum Coverage by Buildings: Fifty (50) percent.
(d) Minimum Width:
100 feet.. Width requirements for public utility or public water or sewer
installations which shall be in accordance with the Montgomery County Subdivision
Ordinance
(6) Building Requirements
(a) Minimum Yards:
1. Front: Fifty (50) feet when opposing street frontage is Residential
district; thirty-five (35) feet otherwise
2. Side: Thirty-five (35) feet when adjacent lot is Residential
district; ten (10) feet otherwise.
3. Rear: Thirty-five (35) feet when adjacent lot is Residential
district; ten (10) feet otherwise.
(b) Maximum Building Height: Fifty (50) feet.
(7) Use Limitations
(a) Notwithstanding other buffer, landscaping and screening requirements
of this Ordinance, outside storage areas for materials, equipment or trash
must be screened from adjacent streets or from adjacent land not zoned for
industrial use. The purpose of such screening shall be to substantially reduce,
but not necessarily eliminate, public views of outside storage areas. Acceptable
screening shall be subject to approval by the zoning
administrator.
(b) Off-street parking and loading must be provided in accordance with §10-44.
(c) All manufacturing operations must take place within a completely enclosed
building, unless permission for outside operations is specifically granted
by the Board of Supervisors in a special
use permit.
All performance standards of this Ordinance shall be met by the owner, applicant
or user.
§10-34. PUD-COM Planned
Unit Development-Commercial District
(1) Purpose
This district is established to provide for the development of planned
commercial areas that incorporate a variety of commercial uses as well as
residential development. This district is intended to allow greater flexibility
than is generally possible under conventional zoning district regulations.
The PUD-COM district encourages ingenuity, imagination, and high quality
design on the part of the developer. It is intended that multiple access
to existing public roads be discouraged and that development and access
be oriented toward an internal road system that has carefully planned intersections
with existing public roads. PUD-COM districts should result in well planned
unit developments that contain a mix of commercial and residential development
that is harmonious with existing site conditions, adjacent land uses, well
landscaped, and safe and efficient for pedestrians and vehicles.
(2) Qualifying Lands
Lands qualifying for inclusion in the district shall be PUD-COM on the
date of passage of this Ordinance, or other lands within areas mapped as
Urban Expansion or Rural Expansion in the Comprehensive Plan which are served
by or planned for connections to public sewer and water. The minimum area
required to create a district shall be five (5) acres of total contiguous
land.
(3) Uses Permitted by Right
The following uses are permitted by right, subject to compliance with all
approved plans and permits, development standards and performance standards
contained in this Ordinance and with all other applicable regulations:
| (a) |
Apartment as
accessory use |
| (b) |
Assembly of electrical, electronic
devices, less than 3000 sq. ft. floor are |
| (c) |
Automotive,
light truck, sales, service, rental and
repair |
| (d) |
Building material sales |
| (e) |
Business
or trade school |
| (f) |
Cabinet shop, furniture, upholstery,
craft industry of less than 3000 sq. ft. |
| (g) |
Cemetery |
| (h) |
Church |
| (i) |
Civic club |
| (j) |
Conference or training
center |
| (k) |
Convenience store,
without motor fuel sales |
| (l) |
Crematorium |
| (m) |
Custom meat cutting, processing
and sales (excluding slaughtering) |
| (n) |
Day care facility
/ center |
| (o) |
Equipment sales and service |
| (p) |
Financial
services |
| (q) |
Fire, police, rescue facility |
| (r) |
Funeral home |
| (s) |
General store,
convenience store without
motor fuel sales |
| (t) |
Homeless shelter |
| (u) |
Hospital, medical
center, emergency care |
| (v) |
Hotel, motel |
| (w) |
Library |
| (x) |
Medical care
facility |
| (y) |
Motor vehicle rentals |
| (z) |
Movie theater |
| (aa) |
Office, administrative,
business or professional |
| (bb) |
Park |
| (cc) |
Park
and ride lot |
| (dd) |
Pet, household |
| (ee) |
Post office |
| (ff) |
Printing service |
| (gg) |
Public utility
lines, other |
| (hh) |
Public
utility lines, water or sewer |
| (ii) |
Radio station, excluding
tower |
| (jj) |
Recreation club |
| (kk) |
Recreation
establishment |
| (ll) |
Recycling
collection point |
| (mm) |
Restaurant |
| (nn) |
Retail sales and services |
| (oo) |
School |
| (pp) |
Shopping center |
| (qq) |
Senior living
facilities |
| (rr) |
Telecommunication
tower, attached |
| (ss) |
Veterinary practice,
animal hospital |
(4) Uses Permitted by Special
Use Permit
The following uses may be permitted by the Board of Supervisors as special
uses, subject to the requirements of this Ordinance and with all other applicable
regulations:
(5) Lot Requirements
(a) Minimum Width: .
Twenty five (25) feet for existing lots, fifty (50) feet otherwise, at
the setback line of the front yard. Width requirements for public utility
or public water or sewer installations which shall be in accordance with
the Montgomery County Subdivision Ordinance
(b) Minimum Lot Area, Density;
- Lot Area shall be determined by designation of one or more
Base District (Article II) designations from the GB
or an R district on each land bay in the approved Concept Development
Plan. Variations from Base District lot area may be permitted by the Board
of Supervisors in cases where amenities and landscaping/open space quantities
in excess of Zoning Ordinance minimum requirements are provided as part
of approval of the Concept Development Plan.
- Density on non-residential portions of the project shall be a maximum
of 0.40 Floor Area Ratio in Urban Expansion areas and 0.25 Floor Area
Ratio in Rural Expansion areas. Density on residential portions of the
project shall not exceed six (6) dwelling units per net acre in Urban
Expansion areas and two (2) dwelling units per acre in Rural Expansion
areas. No variations may be permitted.
(c) Lot Access:
Lots shall be accessed from a road in the VDOT
system or from a hard-surfaced road designed by a Professional Engineer
to accommodate projected volumes, loads and vehicle types and approved by
the Zoning Administrator and the Fire Marshall.
Additional standards-see §10-34(7).
(d) Maximum Coverage by Buildings: : Seventy (70) percent.
(e) Minimum Width:
Width shall be determined by designation of a Base District designation
from the GB or an R district on each land
bay in the approved Concept Development Plan.
(6) Building Requirements
(a) Minimum Yards
Yards shall be determined by designation of a Base District designation
from the GB or an R district on each: land
bay in the approved Concept Development Plan
(b) Maximum Building Height: Fifty (50) feet
(c) Variations Permissible
Variations from Base District Width, Setbacks and/or
Yards may be permitted by the Board of Supervisors with reference to §10-34(7)
in cases where amenities and landscape/open space quantities in excess
of minimum Zoning Ordinance requirements are provided as part of approval
of the Concept Development Plan.
(7) Use Limitations
(a) Public water and wastewater services are required for all development
in the PUD-COM district.
(b) The maximum area for residential uses shall be 25% of
the net area of the project
(c) Off-street parking and loading must be provided in accordance
with Section §10-44
(d) Commercial and/or Office Criteria.
- Commercial and office uses shall be screened and landscaped as for Base
Districts in accord with the Buffer/Landscape Matrix.
- Safe and convenient pedestrian access is required between the residential,
commercial, and office uses within the project; and
- Commercial and office uses shall be oriented away from adjoining residential
uses and access shall not be provided through residential areas.
- Lighting shall be designed and arrange
to be oriented away from adjacent residential uses.
(e) Width, Setbacks and Yards.
Minimum requirements for width, setbacks and/or yards other than as for
Base Districts (and as established in §10-33(6)
shall be specifically established during the review and approval of the
Concept Development Plan. The following guidelines shall be used
in establishing any width, setback and/or yard building spacing variations
from requirements of §10-33(6).
Variations shall not:
- impair safety from the standpoint of fire and rescue access to properties;
- increase danger or probability of accidents involving vehicles and/or
pedestrians;
- be done with the major purpose to decrease development costs; and
- be done when the effect is to decrease privacy, adequacy of light
and air, or buffering beyond Base District regulations’ effects;
- abrogate the principal that sides of structures located on and backing
up to the outer perimeter of the project shall conform to the setback
and yard requirements of the adjoining district or the setbacks established
in the project, whichever is greater.
(f) Streets.
- Streets serving dwellings shall be subject to the standards of the PUD-RES
district.
- Public streets shall be designed and constructed in accordance with
the minimum standards of the Virginia Department of Transportation.
- Privately owned and maintained streets may be approved, provided:
- All required parking is off street and designated areas of off-street
parking are provided that are in excess of and complementary to private
driveways;
- A plan is submitted and approved for fire/rescue/law enforcementemergency
access, snow clearance;
- The private streets are not through streets;
- The private streets are developed to a pavement section equal to VDOT
standard for the projected traffic volume and to a geometric standard
meeting County requirements.
- The minimum width of the streets is eighteen (18) feet or wider exclusive
of any on-street parking based on the projected vehicle trips per
day for the streets;
- The right-of-way for all private streets shall be dedicated to the
PUD property owners association; and
- Deeds for property abutting the private street must state that the
street is private and will not be maintained by the state or county.
If the property owners association officially petitions to dedicate
the necessary right-of-way to the state or county it must be at
no cost to the state or county and the associations shall pay the
full cost to bring the street up to state standards.
(g) Commercial Open Space
A minimum of fifteen (15) percent of the net area of the non-residential
portions of the development, including all required landscape and buffer
areas shall be permanently reserved as common open space
(h) Residential Open Space
If the PUD-COM district contains a residential component, open space
and recreation facilities shall be provided as for PUD-RES with the exception
that required contiguous open space can be reduced relative to the scale
of the residential component.
§10-35. PUD-RES Planned Unit
Development-Residential District.
(1) Purpose
This district is established to provide for the development of planned
residential communities that incorporate a variety of housing options as
well as commercial and office uses. This district is intended to allow greater
flexibility than is generally possible under conventional zoning district
regulations. This district is intended to encourage ingenuity, imagination,
and high quality design on the part of the developer. The end result of
design is to support a superior neighborhood environment and promote a sense
of community. The protection of important natural and cultural resources
is to be accomplished in exchange for development flexibility and economies.
Design must have equal or less impact on surrounding areas than a standard
residential district.
(2) Qualifying Lands
Lands qualifying for inclusion in the district shall be PUD-RES on the
date of passage of this Ordinance, or other lands within areas mapped as
Urban Expansion or Rural Expansion in the Comprehensive Plan which are served
by or planned for connections to public sewer and water. The minimum area
required to create a district shall be fifty (50) net acres of total contiguous
land.
(3) Uses Permitted by Right
The following uses are permitted by right, subject to compliance with all
approved plans and permits, development standards and performance standards
contained in this Ordinance:
| (a) |
Cemetery |
| (b) |
Church |
| (c) |
Civic club |
| (d) |
Conference or training
center |
| (e) |
Congregate
care facility |
| (f) |
Convenience store,
without motor fuel sales |
| (g) |
Day care facility
/ center |
| (h) |
Dwelling, multi-family
(apartment); |
| (i) |
Dwelling, single
-family; |
| (j) |
Dwelling, single-family
attached (townhouse); |
| (k) |
Dwelling, two-family
(duplex) |
| (l) |
Financial services |
| (m) |
Fire, police and rescue station |
| (n) |
Funeral home |
| (o) |
Golf course |
| (p) |
Group home |
| (q) |
Home
occupation (new) |
| (r) |
Hospital and associated
professional office |
| (s) |
Library |
| (t) |
Medical care
facility |
| (u) |
Mobile home, Class A |
| (v) |
Nursing home |
| (w) |
Office, administrative, business
or professional |
| (x) |
Park, lighted or unlighted |
| (y) |
Pet, household |
| (z) |
Playground, lighted or
unlighted |
| (aa) |
Post office |
| (bb) |
Public facility |
| (cc) |
Public utility
lines, other |
| (dd) |
Public
utility lines, water or sewer |
| (ee) |
Recreation
establishment |
| (ff) |
Recycling
collection point |
| (gg) |
Restaurant with gross
floor area of less than two thousand (2,000) sq. feet |
| (hh) |
Retail
sales and services |
| (ii) |
School |
| (jj) |
Senior living
facility |
| (kk) |
Telecommunication
tower, attached |
(4) Uses Permitted by Special
Use Permit
Other use types that are not listed above and that are determined to be
appropriate and compatible with the proposed development and surrounding
uses may be specifically approved in concurrent rezoning and special
use permit applications or in a subsequent special
use permit application.
(5) Lot Requirements
(a) Minimum Lot Area, Density;
- Lot Area shall be determined by designation of one or more Base
District (Article II) designations on each land bay in the approved
Concept Development Plan. Variations from Base District lot area may be
permitted by the Board of Supervisors in cases where amenities and open
space quantities in excess of Zoning Ordinance minimum requirements are
provided as part of approval of the Concept Development Plan.
- Density shall be a maximum of four (4) dwelling units per net residential
acre in Urban Expansion areas and two (2) dwelling units per net residential
acre in Rural Expansion areas. No variations are permitted.
(b) Lot Access:
Lots shall be accessed from a road in the VDOT
system or from a hard-surfaced road designed by a Professional Engineer
to accommodate projected volumes, loads and vehicle types and approved
by the Zoning Administrator and the Fire
Marshall. Additional standards-see §10-35(7).
(c) Maximum Coverage by Buildings: Twenty (20) percent.
(d) Minimum Width
Minimum width shall be determined by designation of a Base District designation
on each: land bay in the approved concept development plan
(6) Building Requirements
(a) Minimum Yards:
Yards shall be determined by designation of a Base District designation
on each: land bay in the approved Concept Development Plan.
(b) Maximum Building Height: Thirty-five (35) feet
in height unless authorized by special use permit.
(c) Variations Permissible
Variations from Base District Width, Setback and or Yards may be permitted
by and at the sole discretion of the Board of Supervisors in cases where
amenities and open space quantities in excess of Zoning Ordinance minimum
requirements are provided as part of approval of the Concept Development
Plan and where intent of provisions of §10-35(7)
are met.
(7) Use Limitations
(a) Public water and wastewater services are required for all development
in the PUD-RES district.
(b) Off-street parking and loading must be provided in accordance
with §10-44.
(c) Commercial and/or Office Criteria.
- The maximum area for commercial and/or office uses shall be ten (10)
percent of the net area of the project.
- Commercial and office uses shall be screened and landscaped as for Base
Districts in accord with the Buffer/Landscape Matrix.
- Construction of commercial and office uses shall not begin until twenty-five
(25) percent of the residential units or two hundred and fifty twenty
(220) dwelling units, whichever is less, of the total project have been
issued certificates of occupancy;
- Safe and convenient pedestrian access is required between the residential,
commercial, and office uses within the project; and
- Commercial and office uses shall be oriented away from adjoining residential
uses and access shall avoid impact on residential subdivisions from primary
access and through traffic.
- Lighting shall be designed and arranged
to be oriented away from adjacent residential uses.
(d) Open-space criteria.
- A minimum of twenty (20) percent of the total gross area of the development
shall be reserved as common open space and/or recreational areas.
- A minimum of twenty thousand (20,000) square feet of usable, active
recreation space shall be contiguous. Trails and walkways shall not be
included in this calculation.
- Common open space shall not include existing and/or proposed street
rights-of-way, parking areas as required or established under a County
ordinance, driveways, or sites reserved for schools or places of religious
assembly.
- Common open space shall be arranged in a fashion to allow all residential
areas within the development pedestrian access to the open space.
- A minimum of thirty (30) percent of the common open space should be
suitable for active recreational usage such as playgrounds, ballfields,
bike paths, and trails. Suitable active open space should be of usable
size, shape, location, and topography. A minimum of $200 per dwelling
unit (1997 dollars) shall be expended on active recreation facilities
not including site preparation.
(e) Width, Setbacks and Yards.
- Minimum requirements for width, setbacks and/or yards other than as
for Base Districts (and as established in §10-35(6)
shall be specifically established during the review and approval of the
Concept Development Plan. The following guidelines shall be used in establishing
any width, setback and/or yard building spacing variations from requirements
of §10-35(6). Variations
shall not:
- impair safety from the standpoint of fire and rescue access to properties;
- increase danger or probability of accidents involving vehicles and/or
pedestrians;
- be done with the major purpose to decrease development costs; and
- be done when the effect is to decrease privacy, adequacy of light
and air, or buffering beyond Base District regulations’ effects;
- abrogate the principal that sides of structures located on and backing
up to the outer perimeter of the project shall conform to the setback
and yard requirements of the adjoining district or the setbacks established
in the project, whichever is greater.
(f) Streets.
- Streets serving single family attached dwellings, multi family dwellings,
commercial and office uses may be dedicated to public use or may be retained
under private ownership. Not more than three single family dwellings may
be served by a single pipestem access easement or driveway directly connected
to a public street.
- Public streets shall be designed and constructed in accordance with
the minimum standards of the Virginia Department of Transportation.
- Privately owned and maintained streets may be approved, provided:
- All parking is off street and designated areas of off-street parking
are provided that are in excess of and complementary to private driveways;
- A plan is submitted and approved for school bus pick up and drop off
areas for property owners abutting the private street;
- A plan is submitted and approved for fire/rescue/law enforcementemergency
access, snow clearance and postal delivery for all property owners abutting
the private street;
- The private streets are not through streets;
- The private streets are developed to a pavement section equal to VDOT
standard for the projected traffic volume and to a geometric standard
meeting County requirements.
- The minimum width of the streets is eighteen (18) feet or wider exclusive
of any on-street parking based on the projected vehicle trips per day
for the streets;
- The right-of-way for all private streets shall be dedicated to the
PUD homeowners association; and
- Deeds for property abutting the private street must state that the
street is private and will not be maintained by the state or county.
If the property owners association officially petitions to dedicate
the necessary right-of-way to the state or county it must be at no cost
to the state or county and the association shall pay the full cost to
bring the street up to state standards.
§10-36. PMR Planned Mobile
Home Residential Park
(1) Purpose
This district is established in order to provide opportunities for affordable
housing alternatives and to recognize that selected locations in the community
may be appropriately developed as areas of moderate population density properly
related to the existing and potential development character in the vicinity.
It is the County’s purpose, with respect to location of new and expansion
of existing Planned Mobile Home Residential Park, hereafter abbreviated
as PMR’s, to avoid undue concentrations of such development by allowing
the development or expansion of PMR’s in association with other types of
uses, by achieving a balance of housing types and by not overcrowding community
facilities.
It is also the County’s purpose, with respect to establishment of new and
expansion of existing PMR’s, to protect the health, safety and welfare by
fostering standards of development commensurate with other forms of residential
development.
The establishment or expansion of PMR’s will recognize the density and
Base residential needs of mobile homes by addressing the following community
development standards:
- Health of residents as protected by water and sewer systems and service
equal to other forms of residential development;
- Safety of residents as protected by accessibility for fire, rescue and
police vehicles equal to other forms of residential development;
- Safety of residents as protected by accessibility of utility maintenance
vehicles, of snow and ice removal equipment, and of school buses transporting
children;
- Safety of residents as protected by accessibility provided by sidewalks
separated from streets and streets which have traffic controls and adequate
geometric design;
- Health and safety of residents as protected by prohibition of new use
and discouragement of continued use of mobile homes constructed prior
to 1976;
- Accessibility of residents as provided by roads where service providers
are willing to move household furnishings, collect solid waste and deliver
mail or parcel post.
(2) Qualifying Lands
Land qualifying for inclusion in the district shall be PMR on the date
of passage of this Ordinance, or other lands mapped as Urban Expansion or
Rural Expansion in the Comprehensive Plan which are served by or planned
for connection to public water and sewer service. New PMR’s shall be serviced
by connections to public sewer and water. Expanded PMR’s shall have: (1)
water and sewer as for new PMR, or (2) have water and sewer service meeting
current VDH and DEQ standards encompassing both established and expansion
portions of the PMR. The minimum area required to create a district shall
be six (6) acres of total contiguous land
(3) Uses Permitted by Right
(a) PMR management office.
(b) Mobile home, Class A or Class
B in a PMR
(c) Pet, household
(4) Uses Permitted by Special
Use Permit
(a) New Planned Mobile Home Residential Park-PMR;
(b) Existing Planned Mobile Home Residential Park- PMR;
(c) Retail convenience sales subject to §10-36(7);
(d) Service facilities such as laundries, storage areas, recreation facilities;
(e) Expansion of Existing PMR may be permitted when both Existing and Expansion
portions comply with §10-36(2).
(5) Lot Requirements
(a) Length to Width Ratio :
The width or the depth of the mobile home space shall not be more than
four (4) times the other.
(b) Buffer.
Buffer standards shall be as determined in the Landscape/Buffer
matrix in §10-43.
(c) Minimum Mobile Home Space Area:
Three thousand (3,000) square feet, provided that the maximum net density
shall be in accordance with §10-36(5)(e)
Density:
(d) Density (Subject also to Section 3-407) ;
- Eight (8) mobile homes per acre devoted to residential use for new PMR’s.
Eight (8) mobile homes per acre devoted to residential use for expansion
of existing PMR’s where: (1) Existing and Expansion areas comply with
§10-36 (2), and
(2) where roads in expansion area are to VDOT
standards for subdivisions and where all existing private roads providing
access to existing occupied mobile homes are upgraded to VDOT standards
for subdivisions;
- Four (4) mobile homes per acre in expansion area devoted to residential
use for expansion of existing PMR’s where (1)expansion areas comply with
§10-36(2) and (2)
where roads in expansion area are to VDOT
standards for subdivisions and where a continuous, direct connection to
a VDOT road via VDOT
standard roads is provided for all expansion area units.
- Two (2) mobile homes per acre devoted to residential use in expansion
area where expansion does not meet standards in either §10-36(3)(a)
or §10-36(3)(b) above;
(e) Minimum Mobile Home Space Width : Fifty
(50) feet.
(f) Lot Access:
- New PMR’s shall be developed to current VDOT
access standards for subdivisions.
- Expansion of Existing PMR’s shall be developed to either VDOT access
standards or to County standards for private road according to densities
prescribed in §10-36(5).
(g) Maximum Coverage by Buildings : Forty (40) percent of mobile home space
or site.
(6) Building Requirements
(a) Minimum Frontage: A minimum of fifty Twenty (20) feet.
(b) Minimum Setbacks:
Ten (10) feet between mobile home foundation and PMR property line;
(c) Minimum Yards:
1. Side: 30 feet between mobile home units.
2. Rear: 10 feet between mobile home units.
(d) Maximum Building Height: Thirty five (35) feet.
(7) Use Limitations
A New PMR shall not have any road,
public utility or public water or sewer connections with an existing PMR
nor share a common boundary.
(a) An Expansion of an Existing PMR shall have one or more of
the following characteristics:
- Shared or connected access
- Shared or connected public utility or public water and/or sewer
- A common boundary
(b) Foundation
Each mobile home site shall be developed with a foundation that complies
with the existing county building code. Each mobile home is required to
be underpinned unless a solid masonry foundation is provided.
(c) Streets: Private non-dedicated streets may be approved subject
to densities in §10-36(5)
and provided that:
- They are not designed as through streets
- The base and surface of the streets are constructed to County or to
VDOT
secondary road standards, whichever are more restrictive
- The private street system shall provide convenient circulation by means
of minor streets and collector streets (serving more than thirty (30)
mobile homes) with paved widths as follows:
- Collector, parking both sides : Thirty six (36) feet in width
- Collector, no parking: Thirty (30) feet in width
- Minor, parking both sides : Twenty eight (28) feet in width
- Minor, no parking: Twenty (20) feet in width
- One Way Minor, no parking Eleven (11) feet in width
- Cul de sacs shall have a minimum diameter of eighty (80) feet;
- The base and surface treatment shall have a maximum of fourteen (14)
percent grade, and be properly graded and ditched to ensure adequate drainage
and maintained for safe, comfortable travel in all weather conditions.
- Mobile homes served by pipestems may be served by a gravel drive with
minimum of six(6) inch base and width of ten (10) feet.
- The Board Of Supervisors may require dedication of through streets meeting
VDOT
standards if it deems that such streets might be necessary for access
to adjacent property or if development of adjacent property would be likely
to require such access
(d) Open Space
Fifteen (15) percent of net land area must be reserved, developed
and permanently maintained as open space upon development.
(e) Recreation areas
Twenty five (25) percent of the open space area of the PMR shall be devoted
to usable space for recreation. No required recreation space shall include
parts of spaces/sites, buffer areas, flood plains, slopes over 25% or
other common facilities nor shall it contain less than five thousand contiguous
(2000) square feet of usable space.
(f) Outdoor living areas and storage facilities
Private outdoor living and service area of at least three hundred (300)
square feet or more per dwelling unit shall may be provided which is adjacent
to the unit and assures reasonable privacy and visual appeal.l Privacy/visual
appeal will be through uses of walls, fences or coniferous plantings provided
and maintained by PMR management.
(h) Refuse Disposal
- Common refuse areas shall be provided which are screened by a fence
or wall
- Refuse disposal shall be the responsibility of PMR management
DIVISION B: OVERLAY
DISTRICTS
OVERLAY CONCEPT
- Overlay districts beginning at Section §10-34
and subsequently adopted shall be overlays to the existing underlying districts
as shown on the official zoning map, and as such, the provisions
for the overlay districts shall serve as a supplement to the underlying
district provisions.
- Where there is conflict between the provisions or requirements of the
overlay districts and those of any underlying district or other local ordinance,
the more restrictive provisions and/or those pertaining to the overlay district
shall apply.
- In the event any provision concerning a overlay district is declared inapplicable
as a result of any legislative or administrative actions or judicial decision,
the basic underlying provisions shall remain applicable.
§10-37. FPO FLOOD DAMAGE
PREVENTION OVERLAY
(1) Purpose
These provisions are created to regulate and restrict land ;use in areas
which are subject to severe periodic inundation, in such a manner as to:
(1) prevent the loss of life and property, (2) comply with Federal and State
laws and regulations that address the need for floodplain management and
regulation, (3) qualify Montgomery County residents for the insurance and
subsidies provided by the National Flood Insurance Program,(4) conserve
the natural state of watercourses and watersheds, and minimize the damaging
effects which development has on drainage conditions, pollution of streams,
and other environmental impacts on water resources, (5) reduce the disruption
of commerce and governmental services, (6) reduce the extraordinary and
unnecessary expenditure of public funds for flood protection, rescue and
relief, and (7) minimize the impairment of the tax base by:
(a) Regulating uses, activities and development which, alone or in combination
with other existing or future uses, activities and development, will cause
unacceptable increases in flood heights, velocities and frequencies;
(b) Restricting or prohibiting certain uses, activities and development
from locating within districts subject to flooding;
(c) Requiring all those uses, activities and developments that do occur
in flood prone districts to be protected and/or floodproofed against flooding
and flood damage;
(d) Protecting individuals from buying land and structures which are
unsuited for intended purposes because of flood hazards.
(2) Authority
Authority for these provisions includes:
(a) Chapter
11, Title 15.2, Code of Virginia (Planning, Subdivision of Land and Zoning).
(b) Virginia
Environmental Quality Act, Va. Code Section 10-178.
(c) National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.
(3) Compliance and Liability
(a) No land shall hereafter be developed, and no structure shall be located,
relocated, constructed, reconstructed, enlarged or structurally altered
except in full compliance with the terms and provisions of this article
and any other applicable ordinances and regulations which apply to uses
within the jurisdiction of this article.
(b) The degree of flood protection sought by the provisions of this article
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This article does not imply
that districts outside the floodplain district or that land uses permitted
within such district will be free from flooding or flood damages.
(c) This article shall not create liability on the part of Montgomery County
or any officer or employee thereof for any flood damages that result from
reliance on this article or any administrative decision lawfully made thereunder.
(4) Qualifying / Regulated Lands
(a) These provisions shall apply to all lands within the jurisdiction of
Montgomery County and identified as being in the one hundred-year floodplain
by FEMA (Federal Emergency Management
Administration), Federal Insurance Administration.
(b) The boundaries of the floodplain districts are established as shown
on the flood boundary and floodway map which is declared to be a part of
this article and of the official zoning map and which shall be kept on file
at the county offices.
(c) Basis of districts. The basis for the delineation of districts
shall be the Flood Insurance
Study for Montgomery County, prepared by the Federal Emergency Management
Agency, Federal Insurance Administration, dated April, 1978, as amended.
(d) The Floodway District is delineated, for purposes of this article,
using the criterion that certain areas within the floodplain must be capable
of carrying the waters of the one-hundred-year flood without increasing
the water surface elevation of that flood more than one (1) foot at any
point. The areas included in this district are specifically defined in Table
2 of the above-referenced flood insurance study and shown on the accompanying
flood boundary and floodway map or flood insurance rate map.
(e) The Flood-Fringe District shall be that area of the one-hundred-year
floodplain not included in the floodway district. The basis for the outermost
boundary of the district shall be the one-hundred-year flood elevations
contained in the flood profiles of the above-referenced flood insurance
study and as shown on the accompanying flood boundary and floodway map or
flood insurance rate map.
(f) The Approximated Floodplain district shall be that floodplain area
for which no delineated flood profiles or elevations are provided, but where
a one-hundred-year floodplain boundary has been approximated. Such areas
are shown as Zone A on the maps accompanying the Flood Insurance Study.
For these areas, one-hundred-year flood elevations and floodway information
from other federal, state, or other acceptable source shall be used, when
available. When such other acceptable information is not available, the
zoning administrator shall determine the elevation
by using the elevation of a point on the boundary of the identified floodplain
area which is nearest the construction site.
(5) District Boundary Changes
The delineation of any of the floodplain districts may be revised where
natural or manmade changes have occurred and/or where more detailed studies
have been conducted or undertaken by the United States Army Corps of Engineers
or other qualified agency, or an individual need for such changes. However,
prior to any such change, written approval must be obtained from the Federal
Insurance Administration and the Montgomery County Zoning
Administrator must receive official notification of any such changes.
Any such changes must be formally recorded on appropriate maps approved
by the FIA and submitted to the Zoning Administrator.
(6) Uses Permitted By Right
(a) Floodway District.
- No encroachments including fill, new construction, substantial improvements
and other development, unless and until it has been demonstrated to the
satisfaction of the Zoning Administrator
through hydrologic and hydraulic analyses that such encroachment
would not result in any increase in the one-hundred-year flood elevation.
Such analyses shall be performed in accordance with standard engineering
practice by a professional engineer.
- The following uses and activities are permitted,
provided that they are in compliance with the provisions of the underlying
zoning district and are not prohibited by any other ordinances and provided
that they do not require structures, fill, or storage of materials and
equipment:
- Agricultural uses, such as general farming, pasture, grazing, outdoor
plant nurseries, horticulture, truck farming, forestry, sod farming,
and wild crop harvesting.
- Public and private recreational uses and activities, such as parks,
play areas of a natural, permeable nature, day camps, picnic grounds,
golf courses, boat launching and swimming areas, horseback riding
and hiking trails, wildlife and nature preserves, game farms, trap
and skeet game ranges, and hunting and fishing areas;
- Fisheries uses such as fish hatcheries and harvesting;
- Stormwater management improvements associated with uses permitted
by right in the Overlay district.;
- Utility lines, road crossings, private drives and private access
easements not resulting in an increase in the water surface elevation
of the base flood affecting existing buildings and structures;
- Temporary storage of material or equipment necessary in the construction
of uses permitted by right in the Overlay district;
- Accessory residential uses, such as yard areas, gardens, play areas
and loading areas;
- Accessory industrial and commercial uses, such as yard areas, parking
and loading areas, airport landing strips, etc.
- Expansion or enlargement of existing structures and/or uses up to
one hundred (100) percent of structure floor area if the effect on
flood heights is fully offset by accompanying improvements that are
designed by and certified by a Professional Engineer;
- Modification, alteration, repair, reconstruction or improvement
of any kind to a structure and/or use to an extent or amount of less
than fifty (50) percent of its market value provided that the structure
shall be elevated and/or floodproofed to the greatest extent possible.
(b) Flood-Fringe And Approximated Floodplain Districts
All uses, activities and/or development shall be undertaken in strict
compliance with the floodproofing and related provisions contained in
the Virginia
Uniform Statewide Building Code and all other applicable codes and
ordinances.
(7) Use Limitations
(a) Generally.
Under no circumstances shall any use, activity and/or development adversely
affect the capacity of the channels or floodways of any watercourse, drainage
ditch, or any other drainage facility. New or replacement dwellings or
other structures in floodplain or floodway areas and not provided for
in §10-37(6)(a)(2) must provide an elevation
certificate that conclusively demonstrates that the dwelling or structure
is at least one (1) foot above the base flood elevation.
Interior repairs and renovations to such dwellings and structures are
not restricted. Prior to the issuance of any permit, the zoning
administrator and building official shall require all applications
to demonstrate compliance with all applicable County, state and federal
laws. or system.
(b) Alteration of floodplain or floodway, or relocation of watercourse
Alteration of floodplain or floodway, or relocation of watercourseshall
not result in increase of off-site water surface elevation of or rise
in water surface elevation of the base floodplain as defined in the
FEMA (Flood Insurance) Study. Prior to any proposed alteration
or relocation of any channels or of any watercourse, stream, etc., within
this jurisdiction, a permit shall be obtained from the United
States Army Corps of Engineers, the Virginia
State Water Control Board, and the Virginia
Marine Resources Commission (a joint permit application is available
from any of these organizations). Furthermore, notification of the proposal
shall be given by the applicant to the County, to all affected adjacent
jurisdictions, the division of soil and water conservation (department
of conservation and recreation), and the Federal
Insurance Administration.
(c) Application for alteration
Applications for any alteration must be submitted as part of any other
land development applications.
(d) Site plans and permit applications.
All applications for development shall incorporate the following information
in addition to information normally required for such applications:
- For structures that have been elevated, the elevation of the lowest
floor (including basement);
- For structures that have been floodproofed (nonresidential only),
the elevation to which the structure has been floodproofed;
- The elevation of the one-hundred-year flood;
- Topographic information showing existing and proposed ground elevations.
- All required information shall be recorded on an elevation certificate
or floodproofing certificate approved by the zoning
administrator. The certificate shall be completed by a licensed
surveyor, licensed engineer, or licensed architect, and shall be recorded
with the clerk of circuit court prior to the issuance of an occupancy
certificate.
(e) Mobile homes.
All mobile homes to be placed or substantially improved within the floodplain
district shall be placed on a permanent foundation and elevated and anchored
in accordance with the Virginia Uniform Statewide Building Code. All such
mobile homes must provide an elevation certificate that conclusively demonstrates
that the dwelling or structure is at least one (1)
foot above the base flood elevation.
(f) Design criteria for utilities and facilities.
- Sanitary sewer facilities.All new or replacement
sanitary sewer facilities and private package sewage treatment plants
(including all pumping stations and collector systems) shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharges from the systems into the floodwaters. In addition, they
should be located and constructed to minimize or eliminate flood damage
and impairment.
- Water facilities. All new or replacement water facilities including
distribution line shall be designed to minimize or eliminate infiltration
of floodwaters into the systems and be located and constructed to minimize
or eliminate flood damages.
- Drainage facilities. All storm drainage facilities shall be designed
to convey the flow of surface waters without damage to persons or property.
The systems shall ensure drainage away from buildings and on-site waste
disposal sites. The facilities shall be designed to prevent the discharge
of excess runoff onto adjacent properties.
- Utilities. All utilities, such as gas lines, electrical and telephone
systems, being placed in flood-prone areas should be located, elevated
(where possible [and appropriate]) and constructed to minimize the chance
of impairment during a flooding occurrence.
- Streets and sidewalks. Streets and sidewalks should be designed
to minimize their potential for increasing and aggravating the levels
of flood flow. Drainage openings shall be required to sufficiently discharge
flood flows without unduly increasing flood heights.
(8) Special Variance Factors To
Be Considered By Board of Zoning Appeals.
(a) In passing upon applications for variances, the Board
of Zoning Appeals shall satisfy all relevant factors and procedures
specified in other sections of this chapter and consider the following additional
factors:
- The danger to life and property due to increased flood heights or velocities
caused by encroachments. No variance shall be granted for any proposed
use, development or activity within any floodway district that will cause
any increase in the one-hundred-year flood elevation;
- The danger that materials may be swept onto other lands or downstream
to the injury of others;
- The proposed water supply and sanitation systems and the ability of
these systems to prevent disease, contamination and unsanitary conditions;
- The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners;
- The importance of the services provided by the proposed facility to
the community;
- The requirements of the facility for a waterfront location;
- The availability of alternative locations not subject to flooding for
the proposed use;
- The compatibility of the proposed use with existing development and
development anticipated in the foreseeable future;
- The relationship of the proposed use to the comprehensive plan and floodplain
management program for the area;
- The safety of access by ordinary and emergency vehicles to the property
in time of flood;
- The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters expected at the site;
- Such other factors which are relevant to the purposes of this article.
(b) The Board of Zoning Appeals
may refer any application and accompanying documentation pertaining to any
request for a variance to any engineer or other qualified person or agency
for technical assistance in evaluating the proposed project in relation
to flood heights and velocities and the adequacy of the plans for flood
protection and other related matters.
(c) Variances shall be issued only after the Board
of Zoning Appeals has determined that the granting of such will not
result in (1) unacceptable or prohibited increases in flood heights; (2)
additional threats to public safety; (3) extraordinary public expense; and
will not (4) create nuisances; (5) cause fraud on or victimization of the
public; or (6) conflict with local laws or ordinances.
(d) The Board of Zoning Appeals shall notify
the applicant for a variance, in writing, that the issuance of a variance
to construct a structure below the one-hundred-year flood elevation increases
the risks to life and property and will result in increased premium rates
for flood insurance.
(e) A record shall be maintained of the above notification
as well as all variance actions, including justification for the issuance
of the variances. Any variances which are issued shall be noted in the annual
or biennial report submitted to the Federal Insurance Administrator.
§10-38. ASO AIRPORT SAFETY
OVERLAY
(1) Purpose
The ASO Airport Safety Overlay District is intended to restrict the height
of structures or other obstructions in the vicinity of airports; to protect
adjacent properties from the potential noise and safety impacts of airport
operations, and to otherwise regulate the use of property to ensure safe
airport use. It shall be an overlay district that establishes regulations
in addition to those of the underlying base district that applies to any
parcel designated as lying within the Airport Safety Overlay District.
(2) District boundaries
The Airport Safety Overlay District is made up of certain zones defined
in Part
77.25, 77.28, and 77.29, Subchapter E (Airspace), of Title 14 of the Code
of Federal Regulations, or in successor federal regulations. These zones
are as follows:
(a) Airport zone: A zone that is centered about the runway
and primary surface, with the floor set by the horizontal surface.
(b) Approach zone: A zone that extends away from the runway
ends along the extended runway centerline, with the floor set by the approach
surfaces.
(c) Transitional zone: A zone that fans away perpendicular
to the runway centerline and approach surfaces, with the floor set by
the transitional surfaces:
(d) Conical zone: A zone that circles around the periphery
of and outward from the horizontal surface with the floor set by the conical
surface.
The boundaries of these zones and the height above sea level of the floor
of each zone shall be noted on the official zoning map, as adopted and as
may be amended by the County Board of Supervisors.
(3) Uses Permitted By Right
Uses permitted by right shall be in accord with the provisions of the underlying
Base District.
(4) Uses Permissible by Special
Use Permit
Uses permitted by Special Use Permit shall
be in accord with the provisions of the underlying Base District.
(5) Building and Lot Requirements
(a) Height limitations
- Except as otherwise provided in this chapter, no structure shall be
erected or altered so as to penetrate the floor of any zone described
in §10-38(2).
- In cases where the natural existing ground elevation is less than thirty-five
(35) feet below the floor of a zone described in §10-38(2),
structures may be erected to a maximum height of thirty-five (35) feet
above grade.
- Natural forest vegetation shall not be regulated by this article, except
that the administrator may require a landowner to trim or remove individual
trees that penetrate the floor of any zone described in §10-38(2),
when the administrator has determined that such a tree is a hazard to
airport operations.
(b) All other building and lot requirements shall be in accord with
the provisions of the underlying Base District.
(6) Variances
In considering applications for variances from the height restrictions
contained in section 3-605, the Board of Zoning
Appeals shall request a determination from the Virginia
Department of Aviation as to the effect of the proposal on the operation
of air navigation facilities and the safe, efficient use of navigable airspace.
(7) Special Use Permits
and Zoning Map Amendments
In considering applications for zoning map amendments and special use permits
for properties within or contiguous to an Airport Safety Overlay District,
the Zoning Administrator shall request an
advisory referral from the Virginia Department of Aviation as to the effect
of the proposal on the operation of airport.
§10-39. ROUTE 177 CORRIDOR
OVERLAY DISTRICT
(1) Purpose
The purpose of the Route 177 Corridor Overlay District is to establish
a base development standard applicable across all pre-existing zoning districts.
The uses present within the district may be agricultural, residential, commercial
or industrial. The regulations for this district are designed to stabilize
and protect the essential characteristics of the district, while allowing
well planned residential, commercial, and industrial development. The specific
objectives of the district regulations are to: promote and encourage safe
and efficient traffic movement, protect existing residential communities
from conflicting land uses, encourage planned unit development of community
facilities, minimize visual nuisances associated with increased intensities
of land use, and protect the natural environment.
Both the City of Radford and Montgomery County provide joint review of
zoning issues and site development plans through a joint site review committee
within the overlay district as specified in the Route 177 Corridor Agreement.
Joint review is central to the effective implementation of the Route 177
Corridor Agreement's recommendations, and achievement of the future land
use patterns included in both jurisdictions' comprehensive plans.
(2) Qualifying / Regulated Lands
Entrances permitted on designated roads within the district are subject
to specific entrance standards. Roads and road segments subject to these
standards are those that function as Corridor Thoroughfares or as Corridor
Collector streets that connect large areas of the County to primary highways
or funnel traffic from large development complexes to a primary highway.
(a) Corridor Thoroughfare Lands: Designated Corridor Thoroughfare
1. Tyler Road (VA 177) between Rock Road and Barn Road.
(b) Corridor Collector Street Lands: Designated Corridor Collector Streets
1. Lovely Mount Road from Wintergreen Drive to Tyler Road (VA 177);
2. Rock Road from Park Road to U.S. 11;
3. Mud Pike from Fire Tower Road to Tyler Road (VA 177).
(3) Uses Permitted By Right
Uses permitted by right shall be in accord with the provisions of the underlying
Base District except that high intensity agricultural and silvicultural
activities are prohibited. High intensity activities include, but are not
limited to, confinement operations, livestock markets, grain and feed mills,
sawmills, commercial wood storage, or preserving operations.. Family subdivisions
are permitted by right provided the lots created do not create new entrances
onto roads defined as corridor thoroughfares or corridor collector streets.
(4) Uses Permited by Special
Use Permit
Uses permitted by special use permit
shall be in accord with the provisions of the underlying Base District.
(5) Lot Requirements
(a) In
General Business (GB) and Community Business (CB) the maximum lot coverage
by buildings and paved areas shall be fifty (50) percent. This open space
coverage requirement can be reduced to forty (40) percent during the site
plan review process by incorporating innovative and creative features into
the development design, such as, but not limited to the following:
- Providing for shared driveways, access by an internal
service street, or long-term interparcel connections through right-of-way
dedication;
- Exceeding landscaping requirements by increasing
size of trees or shrubs at the time of planting, increasing minimum bufferyard
width, increasing number of trees and/or shrubs to be planted, protecting
existing vegetation, etc;
- Exceeding building and yard setbacks from Route
177;
- Use of monument style signs of quality construction
that are less than eight (8) feet in height;
- Protection of scenic views, both views into the
development and from the development; and
- Design of building that pays careful attention
to "roofscapes" and facade design-as well as back of structures.
(b) Other Lot Requirements shall be in accord with the provisions of
the underlying Base District.
(6) Building Requirements
(a) Width and height shall be in accord with the provisions of the
underlying Base District
(b) Setbacks and Yards
1. Setbacks
- Buildings or structures shall be set back a minimum of forty (40)
from the right of way of any corridor thoroughfare or corridor collector
street.
- Buildings or structures shall be set back a minimum of twenty (20)
from the right of way of any other street in the overlay district.
- Parking areas shall be set back a minimum of twenty (20) feet from
any public right of way in the district.
2. Side and Rear Yards
The yards will extend a minimum of twenty (20) feet from the side and
rear property line or adjacent right-of-way. For permitted uses adjoining
a residential zoning district this distance will be a minimum of thirty
(30) feet. No buildings or parking will be located in a side or rear
yard.
(7) Use Limitations
(a) Corridor Thoroughfare and Corridor Collector
Street Entrance Standards.
Commercial entrances permitted on designated corridor thoroughfare and
corridor collector streets within the district are subject to entrance
standards outlined in this Section. Roads and road segments subject to
these standards are mapped on the official zoning map.
(b) Limits For Corridor Thoroughfares: Where Entrances Allowed
- Commercial entrances on Corridor Thoroughfares are
restricted to: those designated in the Montgomery
County Comprehensive Plan as amended; existing parcel entrances, which
are grandfathered; and commercial entrances serving parcels created after
January 1, 1995, that comply with the following conditions:
- Replaces on a one-for-one basis an existing residential or commercial
entrance, and new VDOT
entrance permit is granted.
- Does not result in more than one (1) entrance design per parcel
per road abutted by a parcel; and
- The specific entrance proposal to be constructed has been reviewed
by the joint site review committee within the preceding four (4)
years.
(c) Limits For Corridor Collector Streets: Where Entrances Allowed
- Entrances to corridor collector streets are allowed where there is an
existing parcel entrance which is grandfathered and where commercial
entrances to parcels created after January 1, 1995, comply with the
following conditions:
- Do not result in the placement of more than one entrance within one
hundred and fifty (150) linear feet of another on the same side of a
roadway; and
- Are not located within one hundred (100) feet of an intersection
with a thoroughfare street, and
- The number of vehicular entrances onto corridor collector streets
shall be minimized. When several lots front on a corridor collector
street, the zoning administrator may require
that adjoining lots share a single driveway or that the lots be accessed
by an internal service street. Where such sharing cannot be achieved
in the short run, the means and location for future long term interparcel
connections along the corridor hall be required through right of way
reservation and/or dedication.
- Meet VDOT
entrance design requirements.
(8) Additional Standards Applicable
to Underlying District
(a) Minimum Standards for Corridor Thoroughfare Commercial Entrances
- Right-turn lanes and tapers will be required for all entrances. Said
turn lane and taper will meet appropriate design criteria or be three
hundred (300) feet in length, whichever is determined to be appropriate
by the joint site review committee and VDOT
review;
- The entrance design will meet with the approval of the zoning
administrator after adequate input is obtained from the applicant.
The zoning administrator may request the advice or action by the planning
commission prior to providing said approval;
- The entrance design will meet with the approval of VDOT
after adequate input is obtained from the applicant;
- Acceleration lanes will be required where appropriate, based on sound
transportation engineering design or at the specific direction of VDOT;
- Commercial entrance designs for corner lots shall not have their primary
access from the thoroughfare street. Direct access to the thoroughfare
street may be allowed when the driveway to the street subject to these
provisions is: (a) an entrance only, (b) more than one hundred (100) linear
feet from the intersection (measured from the two nearest curbs), and
(c) meets all other requirements outlined herein, including VDOT
approval; and
- The number of vehicular entrances onto thoroughfare streets shall be
minimized. When several lots front on a thoroughfare street, the zoning
administrator may require that adjoining lots share a single driveway
or that the lots be accessed by an internal service street. Where such
sharing cannot be achieved in the short run, the means and location for
future long term interparcel connections along the corridor shall be required
through right of way reservation and/or dedication.
(b) Outside Lighting Plan.
- Placement and shielding of all exterior lighting
will be so arranged as to confine and direct light entirely within the
boundary lines of a business operation and parking facilities; and
- Outside lighting not necessary for site
and personnel security will be turned off when the business is not open
to the public.
(c) Signage.
- Signage located within the district should
be integrated into the site and site landscaping;
- General advertising signs (i.e., billboards) are not allowed; and
- Signage installed that conforms to the
written guidelines provided by the zoning administrator
is eligible for:
- A twenty (20) percent size bonus for signs that use this design;
and
- Signs using the design may be located in the first twenty (20)
feet of the front yard provided the sign does not interfere with any
sight lines and the sign is not located on a utility easement.
(d) Utility placement.
- All electric, telephone, television and other communication lines, both
main and service connections, servicing new developments shall be provided
by underground wiring within easements. These lines shall be installed
in accordance with the prevailing standards and practices of the utility
company providing such services.
- If a road widening, an extension of service, or other such actions occur
that necessitate the replacement or relocation of such utilities, replacement
shall be underground.
- Exceptions to the requirement for underground utilities are:
- Major electric transmission lines responsible for transporting power
through the area rather than to the area;
- Provision of three-phase power; and
- Where the zoning administrator determines
that public safety is at substantial risk if underground utilities
are employed.
- Where overhead lines are permitted as the exception, the placement,
type of pole, and alignment of poles shall be designed to lessen the
visual impact of overhead lines. Such measures shall include placing
overhead lines on rear lot lines and not placing overhead lines on
ridgelines.
(e) Landscaping
Landscaping shall be provided based upon the Buffer
Matrix [Article IV, §10-43(3)(a)], provided that the type of
required buffer yard shall be one level higher in each case except where
Buffer Yard Type 4 is required.
(f) Parking Bonus/Incentive
When two (2) or more adjacent property owners agree to share parking
and a combined entrance to any street in this district, the required
number of parking spaces may be reduced by, as much as, fifteen (15)
percent for each business. In addition, the side yards (incl |
