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ARTICLE
III. DISTRICTS
DIVISION 2. RESIDENTIAL DISTRICTS
Sec. 24.1-327. YVA-Yorktown village activity district.
(a) Statement of intent. The YVA
district is intended to:
(1) Recognize Yorktown which, because of
its national and international significance, its unique development history and the
interrelatedness of historic, residential and commercial land uses, warrants the
application of a special approach to further development; and
(2) Recognize and implement the Yorktown Master Plan as an overall
guide to the future redevelopment of Yorktown; and
(3) Provide development opportunities for a variety of land uses which
will contribute to and complement the unique character and village atmosphere of Yorktown;
and
(4) Promote economical and efficient land use, an improved level of
amenities, innovative design, and unified development; and
(5) Encourage pedestrian and bicycle-scale development in Yorktown and
make the community more amenable to pedestrians and bicyclists.
(b) Special procedural requirements.
(1) The use of any land or building within the YVA district on the date
of the inclusion of such property in the district may either continue to be used for its
then existing purpose or may thereafter be changed, but only in accordance with all
applicable regulations, to accommodate any of the land uses listed in section 24.1-327(c),
any provisions of article VIII, Nonconforming Uses, of this chapter to the contrary
notwithstanding.
(2) Any proposed new use,
other than single-family detached dwellings,
or any subdivision of land, shall be approved only
by the board of supervisors in accordance with the procedures for
special use permits in section 24.1-115 of this chapter. Permitted
land uses shall be those listed in section 24.1-327(c).
(3)
With the exception of single family detached dwellings, the proposed enlargement or extensions of any
other use in this district which would result in an increase of less
than twenty-five percent (25%) in either total lot coverage or floor
area may be authorized, without public hearing, by resolution of the
board. Proposed enlargement or expansion of any use other than a
single-family detached dwelling that would result in an increase of
twenty-five percent (25%) or more in either total lot coverage or
floor area shall be subject to approval in accordance with the
procedures for special use permits.
(4) Proposed changes in use of land, buildings or structures within the
district may be approved by the zoning administrator upon a determination that the
proposed new use is similar in type, size, scope and intensity to the previous use and
that it is one of permitted uses listed in subsection (c) below. Where, in the opinion of
the zoning administrator, such similarities do not exist, the proposal shall be subject to
review and approval in accordance with the procedures for special use permits specified in
section 24.1-115 of this chapter.
(5) The construction of new single-family detached dwellings, or
the enlargement of existing single-family detached dwellings,
shall be permitted as a matter of right provided that the proposed
location is not within one of the areas specifically designated for
commercial development by the adopted Yorktown Master
Plan and that
the following setback and dimensional requirements are
observed, and provided that all applicable
requirements and procedures set out in the Yorktown Historic
District Overlay (Section 24.1-377) are observed:
|
Front Yard |
Twenty-five feet (25') |
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Side Yard |
Ten feet (10'),
five feet (5') for accessory buildings |
|
Rear Yard |
Twenty feet (20'),
five feet (5') for accessory buildings |
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Building Height |
Thirty-five feet (35') |
(6) Applications for approval of new single family
detached residences, or additions to existing single family detached
residences, which do not comply with the above noted minimum
dimensional standards shall be referred to the Planning Commission and
Board of Supervisors in accordance with the same procedures applicable
to requests for special use permits.
(7) Any proposed subdivision of a lot or parcel in the YVA District
shall be referred to the Planning Commission and Board of Supervisors
for review and action in accordance with the same procedures
applicable to requests for special use permits.
(c) Permitted uses. The following uses may
be permitted within the YVA district subject to a determination by the zoning
administrator or board, as prescribed in subsection (b) above, that the use in the
location proposed is substantially in conformance with the Yorktown Master Plan:
(1) Dwellings, single-family detached,
attached, or multi-family; also including structures designed to accommodate both
residential and commercial uses.
(2) Churches and other places of worship.
(3) Office space for doctors, lawyers, accountants, architects or
similar professions and general business offices such as those of insurance companies,
trade associations, real estate companies, banks and financial institutions or similar
establishments.
(4) Retail trade and business uses consistent with the character of the
district and the surrounding area including such uses as:
a. gift shops;
b. sit-down restaurants; or
c. specialty shops catering to the local and tourist market.
(5) Art galleries, museums, tourist
centers, community centers, performing or cultural arts centers, libraries, and similar
types of uses intended to promote cultural resources.
(6) Publicly owned uses such as offices, court houses, fire stations,
parking facilities, parks, playgrounds, and schools.
(7) Guest houses, bed and breakfast establishments.
(8) Hotels, motels.
(9) Personal service uses consistent with the character of the district
and the surrounding area including such uses as:
a. beauty and barber shops;
b. day care facilities; or
c. drug stores.
(10) Recreationally oriented waterfront
businesses and establishments providing covered or uncovered boat slips or dock space,
minor repairs or servicing, marine fuel and lubricants, marine supplies, refreshments, and
similar goods or services.
(11) Commercial parking facilities.
(12) Uses and structures which are customarily accessory and clearly
incidental and subordinate to any of the uses specifically permitted above.
(d) General dimensional, density and design
requirements. Other provisions of this chapter notwithstanding, development within the YVA
district shall be subject to the following requirements:
(1) All development within the YVA district
shall be served by public water and public sewer systems.
(2) There shall be no minimum lot size, minimum lot width or minimum
lot frontage requirements within the YVA district provided, however, that in its approval
of a proposed subdivision or land use, the board may establish such requirements as it deems necessary to ensure that
the arrangement of the proposed use or division of land is compatible with the district in
general.
(3) With the exception of the minimum requirements specified for
single-family detached dwellings in section 24.1-327(b)(5), there shall be no minimum
front, side or rear yard requirements for developments within the YVA district provided,
however, that yards and setbacks of an appropriate dimension shall be provided where
determined necessary by the board to ensure adequate emergency access, light, and air, to
protect the value and utilization of the subject property and adjacent property, and to
maintain and enhance the character of the surrounding area.
(4) The maximum
residential density permitted in any development proposed in this
district shall be ten (10) units per gross acre.
(5) Commercial and other non-residential uses permitted under the terms
of this section shall be limited in lot coverage and floor area only to the extent that
all such uses shall comply with the open space, height, fire separation, emergency access,
and parking and loading requirements specified herein.
(6) With the exception of
single-family detached dwellings which shall be limited to thirty-five feet (35') in
height, the height of any structure, including fixtures and mechanical systems, within the
YVA district shall not exceed twenty-five feet (25') above the average finished
ground elevation adjacent to the front of such structure provided, however, that the
board, in recognition of unique topographical features, may require a lower
maximum height in order to preserve and protect existing scenic views or may authorize a
greater height after an evaluation of the character of the surrounding area, the spatial
relationships of existing developments, the specific architecture proposed and the
potential impacts on any scenic views or vistas.
(e) Open space and recreational area
requirements.
(1) A minimum of twenty-five percent (25%)
of the total area of any development within the YVA District shall be reserved as
landscaped open space or improved open air pedestrian plazas or courts unless a smaller
percentage is approved by the board in consideration of special or unique characteristics
of the proposed development.
(2) In the case of
residential developments, recreation space, as defined below, shall
be provided at a ratio of two hundred (200) square feet
per dwelling unit unless a lesser amount is authorized by the board in consideration of
circumstances unique to the particular development proposal. For the purposes of this
section, recreation areas may include private patios, balconies or yard areas adjacent to
individual dwelling units; or, common recreation space, either indoor or outdoor, which is
available to all residents of the development.
(3) Any common open space and recreational areas provided to meet the
requirement above shall be protected by appropriate covenants developed in accordance with
the provisions established in article IV-division 17, that are designed to ensure their
perpetuation and maintenance.
(f) Special submission requirements.
(1) At the time of application for approval
of a development proposal within the YVA district, the developer
shall submit the following plans. Where a proposed
development is subject to review and approval by the Historic
Yorktown Design Committee (HYDC) in accordance with the terms of
section 24.1-377, the review and action of the HYDC, if applicable,
shall be secured before submitting the proposal for YVA district
review by the board of supervisors:
a. A plan for accommodating the pedestrian, bicycle, automobile, and
trolley traffic, parking and loading demands which the development can be expected to
generate. The plan shall be prepared by a transportation engineer, unless otherwise
authorized by the zoning administrator, and shall be fully documented as to approach,
methodology, and data collection, manipulation and analysis.
Such plan may include provisions for public
or private off-site parking as well as on-site parking and shall include consideration of
pedestrian, bicycle, and transit access. The zoning administrator or the board shall
review the plan as to its suitability and feasibility for accommodating the traffic and
parking demands of the proposed development.
Where the required parking spaces are
proposed to be accommodated by an off-site or transit-oriented arrangement, an appropriate
agreement between and among the involved parties and the county, suitable in form and
content to the county attorney, shall be executed in order to provide a guarantee that
such parking facilities will be available for the total period the use or uses for which
the parking is required are reasonably expected to exist.
b. An overall signage plan, including
rendered drawings, for the proposed development. Such plan shall provide for unified and
appropriately scaled and located signage and shall have been developed in accordance with
the dimensional requirements specified in the Yorktown Design
Guidelines and shall have been reviewed by the HYDC.
c. A landscaping plan which specifies the type, size and location of
landscaping proposed in conjunction with open space, recreation areas, courts/plazas, or
other such amenities.
d. Elevations or architectural renderings as well as descriptions of
materials or colors to be used in the proposed development, all of
which shall have been reviewed by the HYDC.
(2) Such plans as required above,
once approved, shall become part of the conditions of approval for the project and shall
not be deviated from except upon specific approval of the board or the zoning
administrator, depending upon which gave original approval.
(Ord No. O97-17, 6/4/97; Ord. No. 04-6, 4/6/04; Ord. No. 05-13(R), 5/17/05)
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