Board of Supervisors Meeting Date:

Planning Commission


April 12, 2007


Staff Lead:



W. Todd Benson, Assistant Zoning Administrator


Community Development




A Proposed Zoning Ordinance Text Amendment to Section 3-404 to Reduce Setbacks for Certain Non-Residential Buildings from Roads Classified as Arterials or Freeways


Topic Description:


Section 3-404 establishes front yard setbacks between eighty (80) and one hundred and five (105) feet in residential zones along major thoroughfares. Footnote 12 to Section 3-404 increases the front yard setback to one hundred and fifty (50) feet on roads classified as arterials or freeways for residential zoning districts. This amendment would restrict the enhanced setbacks to residential buildings.  Non-residential buildings would be permitted to use the normal front yard setbacks for the District.


Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.


Summary Staff Report:

The front yard setback for a building in an R-1 District along a major thoroughfare is ninety feet.  For R-2, R-3, and R-4 Districts, the setback is eighty feet.  The RR-2 setback from thoroughfares is one hundred and five feet. However, footnote 12 provides: “The front yard shall be 150 feet for properties zoned residential in a service district and in rural zoning districts if those properties front on a road classified as an arterial or freeway in the Comprehensive Plan or on Route 215.”  It appears that this provision was added to protect residences from the noise, distractions, and other impacts of the larger roads.  By its express terms, footnote 12 does not apply to commercial districts; the inference may be made that it is not necessary or proper to enhance the setbacks for commercial entities.  Yet, commercial businesses properly established in residential districts are swept up in the enhanced setbacks mandated by footnote 12.  The purpose of this amendment is to remove commerce from footnote 12’s restrictions.

This proposed amendment was initiated by the Planning Commission on January 25, 2007. The Planning Commission, after public hearing, unanimously recommended approval on February 15, 2007.


Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Economic Development

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