A ZONING ORDINANCE TEXT AMENDMENT TO SECTION 5-103 MODIFYING THE STANDARDS FOR ALLOWING RESIDENTIAL USES OVER C-1 COMMERCIAL DISTRICTS
WHEREAS, on October 26, 2006, the Planning Commission initiated this text amendment; and
WHEREAS, on November 30, 2006, the Planning Commission held a work session on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and
WHEREAS, on January 11, 2007, the Fauquier County Board of Supervisors held a public hearing on this amendment; and
WHEREAS, adoption of the amendment to Section 5-103 supports good zoning practices, convenience, and the general welfare; now, therefore, be it
ORDAINED by the Fauquier County Board of Supervisors this 11th day of January 2007, That Section 5-103 be, and is hereby, added as follows:
5-103 Standards for
In addition to the standards set forth in Section 5-006 above, all residential uses shall satisfy the following standards:
1. Single Family Detached Dwellings (C-1 and CV)
a. Within the C-1 zoning district, a single family detached unit may only be constructed on a lot existing as of January 1, 2004, and only by approval of a special permit. Lots created by subdivision after January 1, 2004, may not be developed with single family residential dwellings. Additions to existing single family residential dwellings may also be approved by special permit.
b. Residential uses allowed by special permit in such districts shall be of such scale as to avoid conflict with existing and potential commercial uses in the district where located.
c. Single family uses shall be subject to the use regulations set forth in Part 4 of Article 3 for conventional single family residential development in the R-4 zoning district.
2. Dwellings above Commercial Use (C-1 only)
a. Dwelling units are permitted only in buildings where the first floor is devoted to commercial use, and only by approval of a special exception. Residential use on the first floor shall be limited to the minimum area needed to provide an entrance and lobby to residential units in the building. The range of commercial uses that will be allowed in the commercial space shall be defined with the application for special exception and shall be limited by the Board to:
- uses that are compatible with the proposed residential uses; and
- office, retail, personal service, restaurants, amusement, or other similar uses which generate activity on the street, as determined by the Board of Supervisors.
b. The Board may vary the minimum lot size, minimum lot frontage, minimum lot width and minimum yard requirements of the C-1 zone for mixed use buildings where it determines that such variation would result in a building form more consistent with the form of existing development in the surrounding area or would further the goals of the Comprehensive Plan, and provided that the total residential density does not exceed 8 units per acre. No front yard adjacent to a major arterial may be reduced below 150 feet from the centerline of the right-of-way, unless a lesser setback is already established by existing buildings adjacent to the proposed development along the arterial, in which case the setback may be reduced to no less than the minimum setback established by the existing building.
Development shall be designed to be pedestrian oriented, incorporating such features as: buildings and entrances facing the street, streetscapes that accommodate sidewalks and street trees, pedestrian paths connecting buildings and uses, and parking located predominately to the rear or side of buildings.
d. In addition to the 10% minimum landscaped green space required by Section 3-409 for the C-1 zone, development incorporating 10 or more residential units shall provide a minimum of 2,000 square feet of consolidated, usable open space, with a minimum dimension of 30 feet in any direction. The consolidated open space shall be designed as an integral part of the development and shall be accessible to all residents by internal pedestrian sidewalks or walkways. An additional 200 square feet of consolidated, usable open space shall be provided for each unit over 10. The amount of consolidated, usable open space required may be reduced by the Board upon a finding that 1) sufficient usable open space is already provided in the immediate area or 2) alternative features of the proposed development provide an amenity to residents equivalent or greater than the benefit of consolidated open space.
e. All applications shall include a parking management strategy for assuring that convenient parking is maintained and preserved for residents of the mixed use buildings. The amount of parking provided for the mixed use buildings may be reduced from the amount required in Article 7 to the extent it is demonstrated to the Board’s satisfaction, through a parking study and a shared parking agreement, that lesser parking is needed because:
(1) parking can be shared between different uses with different peak demands and/or;
(2) sufficient on-street spaces are available within the development or on portions of street immediately adjacent to the development to satisfy parking requirements.