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HomeMy Public PortalAbout2008_04_22_O011 Amending Zoning Ordinance Article 5 Residential Zoning Districts Affordable Dwelling Units The Town of Leesburg, Virginia PRESENTED: April 22,2008 ORDINANCE NO. 2008-0-11 ADOPTED: April 22, 2008 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS The Town Council of Leesburg, Virginia, ordains: SECTION I. That the following sections of the Zoning Ordinance of the Town of Leesburg, Virginia, 2003, as amended, be and the same are hereby amended to read as follows: Sections 3.17 and Article 5—Affordable Dwelling Units Section 3.17 Affordable Dwelling Unit Developments. 3.17.1 Purpose. The Affordable Dwelling Unit Program is established to assist in the provision of housing to persons of moderate income by (a) promoting the development of a full range of housing choices, and (b) requiring the construction and continued existence of dwelling units which are affordable for purchase by households whose income is greater than thirty percent (30%) and less than seventy percent (70%) and affordable for rental by households whose income is greater than thirty percent (30%) and less than fifty percent (50%) of the median income for the Washington Primary Metropolitan Statistical Area(PMSA). "Affordable Dwelling Units (ADUs)" shall be defined as those units for which the rental and/or sales price is regulated pursuant to the provisions contained in this Article, as adopted by the Town Council. All affordable dwelling units shall comply with the following provisions and the Residential Zoning District Regulations for the Provision of Affordable Dwelling Units regulations contained in Section 5.10 of this Ordinance, Chapter 1450 of the Loudoun County Codified Ordinance, and any other relevant Town of Leesburg code or ordinance, per the "Town/County Agreement" The Town/County Agreement shall be defined as the Memorandum of Agreement (MOA) in effect as of April 22, 2008, which was approved by the Town Council on April 22, 2008 and the Loudoun County Board of Supervisors on APRIL 22, 2008. 3.17.2 Applicability. (A)The requirements of the Affordable Dwelling Unit Program shall apply to any site, or portion thereof, at one location which is (a) served by public water and sewer, and (b) L the subject of an application for rezoning, special exception, site plan or preliminary subdivision plat which yields, as submitted by the applicant, twenty four(24) or more dwelling units at an equivalent density greater than one unit per gross acre -2- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS (1) For the purposes of this Ordinance, "site or portion thereof, at one location" shall include all adjacent undeveloped land of the property owner and/or applicant, under common ownership and/or control of the owner and/or applicant, including, but not limited to, land owned and/or controlled by separate partnerships, land trusts, or corporations in which the owner and/or applicant (to include members of the owner's and/or applicant's immediate family) is an owner of one (1) percent or more of the stock, and other such forms of business entities Adjacent parcels of undeveloped land owned by separate members of the same family shall be exempt from the provisions of this section when such separate ownership has existed for a penod of no less than five (5)years. (2) Immediate family members shall include the owner's and/or applicant's spouse, children,parents and siblings. (3) In instances where a lending institution, such as pension fund, bank, savings and loan, insurance company or similar entity has acquired, or acquires, an equity interest solely by virtue of its agreement to provide financing, such equity interest shall not constitute ownership and shall not be considered in making determinations of applicability. However, the acquisition of a fee interest by such lending institution due to foreclosure or project participation shall be considered as ownership in making determinations of applicability (B)Any request for a rezoning or amendment thereto involving the rezoning of land within any planned development district, or zoning amendment which results in an increase in the total number of residential units shall be subject to this Ordinance. However, application of the provisions of this Article shall be limited to the increase in the total number of residential units, provided that the overall density of the project results in twenty four(24) or more units at a density of greater than one (1) unit per acre. (C)An owner and/or applicant shall not be exempt from the requirements of this Ordinance by submitting phased applications for rezoning, special exception, site plan or preliminary subdivision plat for less than twenty four (24) dwelling units at any one time. An owner and/or applicant may submit an application for rezoning, special exception, or preliminary subdivision plat for less than twenty four (24) units if the applicant agrees, in writing, that the next application or submission for the subject site, or portion thereof, shall meet the requirements of this Ordinance when the total number of dwelling units in the subject development has reached twenty four(24) units or more. This statement shall be included on the approved concept plan, special exception, site 40' plan, or preliminary subdivision plat Such statement shall be recorded among the Loudoun County land records and shall be indexed in the names of all owners of the -3- kip, AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS site, or portion thereof, as such terms are defined above. (D)The requirements of this Article shall not apply to the following: (1) Special exception, site plan or preliminary subdivision plat applications filed in accordance with an approved rezoning which has proffered the provision of affordable dwelling units or other contributions toward the provision of affordable dwelling units prior to the effective date of this Ordinance. ,f2) Proffer amendment, concept plan amendment, an amendment to a subdivision plat, modifications to an approved site plan and special exception amendment applications filed after the effective date of this Ordinance which deal exclusively with issues of building relocation, site access, stormwater drainage, or other engineering or public facility issues, or the preservation of historic structures, wetlands, child care facilities, or changes in the size of units, a reduction in the number of units, or which request the addition of a non-residential special exception use. (3) Properties subject to proffers accepted by the Town Council, pursuant to Section 15.2-2303 of the Code of Virginia, prior to April 22, 2008. (4) Any request for a rezoning or concept plan amendment which involves the rezoning of land within a planned development district in order to redistribute existing units to the newly zoned property within the same development, but which does not result in an increase in the total number of residential units. (5) Any request for a rezoning or concept plan amendment which involves the rezoning of land within a non-planned development district in order to redistribute existing units to the newly zoned property within the same development, but which does not result in an increase in the total number of residential units. (E)At the applicant's discretion, the provisions of this Article and individual district regulations for affordable dwelling unit developments may be applied to developments which are exempt from these provisions, as stated in Section 3 17.2(D) In the event that an applicant proposes to provide affordable dwelling units in a development which is otherwise exempt, the Town shall waive any application fee associated with a rezoning and concept plan amendment proposing to change the rezoning or concept plan only in order to provide affordable dwelling units Town review of such applications shall not exceed 180 days. -4- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS 3.17.3 Affordable Dwelling Unit Density Adjustments. (A) Single Family Detached and Single Family Attached Units. (1) For active rezoning applications as of April 22, 2008, which requests approval of single family detached dwelling units or single family attached dwelling units, the proposed density may be adjusted upward as prescribed within the Land Use, Land Use Policy Map, Residential section of the Town Plan, unless such figure is modified pursuant to the provisions of Section 3.17.7, or the applicant provides cash in lieu of providing the single family detached units pursuant to Section 3.17 7(A)(3). In the case of preliminary subdivision plat applications which request approval of single family detached dwelling units or single family attached dwelling units, the proposed density may reflect an increase of twenty percent (20%), including the required number of affordable dwelling units, unless such figure is modified pursuant to the provisions of Section 3.17.8 or the applicant provides cash in lieu of providing the single family detached or attached units pursuant to Section 3.17.7 (A)(3). (2) In the event such increase exceeds the upper density limit set forth in the Town Plan, then the upper density limit set forth in the Town Plan applicable to the subject property may be increased up to twenty percent (20%) for the purposes of calculating the potential density which may be approved by the Town. In the event that a density increase is approved pursuant to Section 3.17.3 (A)(1) above, not less than twelve and one half percent (12.5%) of the total number of dwelling units approved for the subject development shall be affordable dwelling units, for which the rental and/or sales price will be controlled pursuant to this Section, Loudoun County regulations and the Town/County Agreement. (B) Multi-Family Units. (1) For rezoning and special exception applications as of April 22, 2008, that propose multi-family units, the proposed density may be adjusted upward as prescribed within the Land Use, Land Use Policy Map, Residential section of the Town Plan. �'' In the case of site plan applications as of April 22, 2008 which request -5- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS approval of multi family dwelling units, the proposed density may reflect an increase of ten percent (10%), including the required number of affordable dwelling units, unless such figure is modified pursuant to the provisions of Section 3.17.7. (2) In the event such increase exceeds the upper density limit set forth in the Comprehensive Plan, then the upper density limit set forth in the Comprehensive Plan applicable to the subject property shall be increased up to ten percent (10%) for the purposes of calculating the potential density which may be approved by the Town Council. (3) In the event that a density increase is approved pursuant to Section 3.17.3(B)(1) above, not less than six and one-quarter percent (6.25%) of the total number of dwelling units approved for the subject development shall be affordable dwelling units, for which the rental and/or sales price will be controlled pursuant to this Section ( (4) An applicant may, at his discretion, request approval from the Town Council �r or its designee, of up to a ten percent (10%) increase in the density on a subject parcel, provided that at least six and one quarter percent (6.25%) of the total number of units approved are affordable dwelling units, for which the rental and/or sales price is controlled pursuant to the provisions of this Section (C)In the case where affordable dwelling units are provided pursuant to Section 3.17.2 (E) above, the affordable dwelling unit to bonus density increase ratio required by Sections 3 17.3 (A) and (B)does not apply The density of a development subject to voluntary provision of affordable dwelling units which is otherwise exempt, may be increased as pursuant to Section 3.17.3 In the event that a density increase is approved pursuant this Section, not less than twelve and one half percent (12.5%) of the total density bonus units approved for the subject development shall be affordable dwelling units, for which the rental and/or sales price will be controlled pursuant to this Section. 3.17.4 Designation of Affordable Units on Plats. (A)Approved site plans and/or record subdivision plats shall identify the specific number of for-sale units and/or percentage of units for rent which are to be regulated as affordable units pursuant to this Article. (1) All plans or plats for developments containing affordable dwelling for-sale units shall identify specific units which are for sale or the percentage of units for rent under the affordable guidelines in this Section. -6- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS (2) All site plans for developments containing affordable dwelling rental units shall include information concerning the number of each type of unit, by bedroom count, which shall be maintained as affordable. (B)Specifications regarding dwelling dimensions and the number of bedrooms in all affordable units shall meet the requirements established by the Affordable Dwelling Unit Advisory Board pursuant to Chapter 1450 of the Loudoun County Codified Ordinance, and the Town/County Agreement. In general, dwelling dimensions and the number of bedrooms in an affordable multi-family unit shall be comparable to equivalent market rate units on the subject parcel. (C)Affordable dwelling units shall be of a building type and of an architectural style compatible with residential units permitted within the zoning district in which they are located and interspersed among market rate units in the proposed development 4110, 3.17.5Timing of Construction/Availability of Affordable Units. In a development which contains single family detached, single family attached, or multi-family lots or units, occupancy permits for no more than fifty percent (50%) of the market rate dwelling units shall be issued prior to the issuance of occupancy permits for fifty percent (50%) of the affordable dwelling units. Occupancy permits for no more than seventy-five percent (75%) of the market rate dwelling units shall be issued until occupancy permits have been issued for one hundred percent(100%)of the affordable dwelling units for the development. 3.17.6 Administration and Regulation. The administration and regulation, establishment of unit prices, price controls, eligibility requirements, and the structure and operation of the Affordable Dwelling Unit Advisory Board are governed by the Codified Ordinance of Loudoun County and the Town/County Agreement 3.17.7 Modifications. (A)Modifications to the requirements of Sections 3.17.3 and 3.17.5 of the Affordable Dwelling Unit Program shall be allowed concurrently with applications for a rezoning, special exception, site plan or preliminary subdivision plat, upon a finding by the Town Council, upon recommendation of the Planning Commission. In the event that a modification to Section 3.17.3 is requested. (1) Regardless of the density increase allowed, the percentage of affordable units any approved shall be no less than 12.5% for single family detached and single family attached developments, and 6 25% for multi-family unit developments; and -7- C, AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS (2) The total affordable units proposed shall be no less than five percent (5%) of the total number of residential units within the project. (3) Notwithstanding paragraphs (1) and (2) above, any request for rezoning, special exception, or preliminary subdivision plat which contain only single family detached units, a modification may be requested to provide cash in lieu of the units. Such cash must be paid prior to the first zoning permit. In the event that an applicant requests a modification to make such cash payment,the following criteria shall apply (a) The cash formula of Section 3.17.7(e) shall apply. (b) The decision to pay cash in lieu of providing the units has to be made at the time of approval of rezoning, special exception or preliminary subdivision plat as applicable per the Town/County Agreement. 411, (c) No bonus density is to be granted for a development, when an applicant opts to provide cash in lieu of units. (B)In reviewing a request for modification to Section 3.17.3, consideration shall be given, after providing significant justification, to the following: (1) Existing unique or unusual site constraints including, but not limited to, potential adverse impacts on environmental resources and features on the subject parcel and adjacent parcels, and difficult soil conditions. (2) Unusual costs associated with development of the subject property. (3) Overriding public needs, health issues, public safety issues, or public welfare issues which are better served by not providing the maximum number of affordable units otherwise required. (4) In the case of a request for a concept plan amendment, consideration shall also be given to whether the amendment would result in a reduction in the previously approved rezoning's impact on public facilities and whether the existing proffer commitments for the previously approved rezoning exceed current adopted capital facility guidelines established in the Town Plan. k (C)In conjunction with Section 3.17.7(A) above requesting such modifications, the Town -8- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS Council may permit an applicant to request a modification to this ordinance so as to allow them to provide any combination of affordable dwelling units, land or contributions to Loudoun County equivalent to providing the required number of affordable dwelling units, as approved by Loudoun County and the Town of Leesburg. (D)Requests for modifications to the requirements of the Affordable Dwelling Unit Program, as applied to a given development, shall be submitted in conjunction with the application for rezoning, concept plan amendment, proffer amendment, special exception, site plan, or preliminary subdivision, as applicable. The applicant shall provide a justification for such request. The Affordable Dwelling Unit Advisory Board, per the Town/County Agreement, shall review requests for modifications and make its recommendation to the Town of Leesburg within sixty (60) days of receipt of a complete application. (E) Cash contributions made pursuant to Section 3.17.7(C) and 3.17.3(A) shall be calculated according to the following formula: Construction Price of Prototypical ADU x 25 x # of ADU lots required = cash contribution .75 (F) All cash, or the value of land contributions made pursuant to Sections 3.17 3(A) and 3.17.7(C)shall be calculated in terms of current dollars, adjusted by the CPI, at the time the actual contribution is officially transferred to the County per the Town/County Agreement, and paid prior to the issuance of the first zoning permit unless another time is approved by the Town Council at the time the modification is approved. Funds collected shall be placed in the Loudoun County Housing Trust Fund (G)The time limits set forth in Section 15.2-2259 and 15.2-2260 of the Virginia Code shall be suspended during the pendency of an application filed pursuant to Section 3.17.7. 3.17.8 Compliance with State/Federal/Local Laws. (A) A development which provides, pursuant to Federal, State or other local programs, the same number or more affordable dwelling units as the number of affordable dwelling units required under Section 3.17 3 above, subject to terms and restrictions equivalent to the requirements of this Section, shall satisfy the requirements of the Affordable Dwelling Unit Program (B)A development which provides, pursuant to Federal, State, or other local programs, a fewer number of affordable dwelling units than required under Section 3 17.3 above, subject to terms and restrictions equivalent to the requirements of this Section, shall -9- r AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS provide the additional number of affordable dwelling units necessary to make up the shortage. (C)The rents and sales prices for affordable dwelling units provided pursuant to Federal, State, or other local programs shall be in accordance with the rules and regulations governing such programs and these units shall be marketed in accordance with such rules and regulations, provided rents and sale prices shall not exceed those set pursuant to this Article. 3.17.9 Violations and Penalties. In addition to the provisions set forth in Article 17 of the Zoning Ordinance, the following shall apply whenever any person, whether owner, lessee, principal, agent, employee or otherwise, violates any provision of this Article, or permits any such violation, or fails to comply with any of the requirements hereof: (A)Owners of affordable dwelling units who shall fail to submit executed affidavits or certifications, as required by this Section, shall be fined fifty (50) dollars per day per 410, unit, up to a maximum of three thousand (3000) dollars per unit, until such affidavit or certificate is filed, but only after written notice and a ten-day compliance period is provided. Fines levied pursuant to this paragraph shall become liens upon the real property and shall accumulate interest at the judgment rate of interest. (B)Tenants of affordable dwelling units who shall fail to submit executed affidavits or certifications, as required by this Section, Chapter 1450 of the Codified Ordinance of Loudoun County and/or the Town/County Agreement shall be subject to lease termination and eviction procedures, as provided in the Codified Ordinance. (C)Owners and tenants of affordable dwelling units who shall falsely swear or who shall execute an affidavit or certification required by this Section knowing the statements contained therein to be false shall be guilty of a Class II misdemeanor and shall be subject to a fine up to one thousand (1000) dollars. (1) Fines levied against owners pursuant to this paragraph shall become liens upon the real property and shall accumulate interest at the judgment rate of interest. (2) Tenants of affordable dwelling units who shall falsely swear or who shall execute an affidavit or certification required by this Section knowing the statements contained therein to be false shall also be subject to lease termination and eviction procedures, as provided in the Codified Ordinance. -10- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS (3) Owners of individual affordable dwelling units who shall falsely swear that they continue to occupy their respective affordable dwelling unit as their primary domicile shall be subject to injunction or other suit, action or proceeding to require such owner to either sell the unit to someone who meets the eligibility requirements established pursuant to this Article or to occupy such affordable dwelling unit as a domicile 3.17.10 Enforcement and Court Appeals. (A)The Zoning Administrator shall administer and enforce the provisions of the Affordable Dwelling Unit Program. (B)Notwithstanding the provisions of Section 15.2-2311 of the Virginia Code, any person aggrieved by a decision of the Zoning Administrator or by the Affordable Dwelling Unit Advisory Board, per the Town/County Agreement, in the case of a decision made by the latter regarding an appeal of affordable dwelling unit for-sale or rental prices, or by any decision made by an administrative officer in the administration or enforcement of the Affordable Dwelling Unit Program, may appeal such decision to the Loudoun County Board of Zoning Appeals by filing a petition of appeal which specifies the grounds upon which aggrieved within thirty(30)days from the date of the decision. (C)Any petition of appeal properly filed pursuant to Paragraph B above shall not constitute a de novo proceeding and shall be considered by the Circuit Court in a manner similar to petitions filed pursuant to Section 15.2-2314 of the Virginia Code. Section 5.10 Residential Zoning District Provisions when providing Affordable Dwelling Units (ADUs) 5.10.1 Purpose. The Affordable Dwelling Unit Program has been established to assist in the provision of housing to persons of moderate income by (a) promoting the development of a full range of housing choices, and (b) requiring the construction and continued existence of dwelling units which are affordable for purchase by households whose income is greater than thirty percent (30%) and less than seventy percent (70%) and affordable for rental by households whose income is greater than thirty percent (30%) and less than fifty percent (50%) of the median income for the Washington Primary Metropolitan Statistical Area(PMSA). As part of the provision of ADUs, the following regulations apply to existing residential zoning 4111, districts when providing the requisite number of affordable units within a proposed development -11- 40, AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS Notwithstanding any of the requirements of this Section, all other district regulations apply. 5.10.2 R-1 Single Family Residential District 5.10.2.a Purpose These regulations for the R-1 district are established to provide for affordable dwelling unit developments at a density not to exceed one and two-tenths (1 2) dwelling units per acre 5.10.2.b Permitted Uses Affordable dwelling unit developments may consist of single family detached dwelling units 5.10.2.c Lot and Building Requirements Unless otherwise provided for below, the lot, building, setback and access requirements for affordable dwelling unit developments shall be the same as those for other lots within the subject development in the R-1 district. err (A) Lot Size- 36,300 square feet. (B) Lot Width (1) Single Family Detached: 80 feet minimum (2)_._ Single Family Detached(corner): 100 feet minimum (C) Yards (1) Front-30 feet minimum (2) Side- 20 feet minimum (3) Rear: 30 feet minimum 5.10.3 R-2 Single Family Residential District 5.10.3.a Purpose These regulations for the R-2 district are established to provide for affordable dwelling unit developments at a density not to exceed two and four-tenths (2 4) dwelling units per acre. 5.10.3.b Permitted Uses Affordable dwelling unit developments may consist of single family detached dwelling units. 5.10.3.c Lot and Building Requirements -12- r AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS Unless otherwise provided for below, the lot, building, setback and access requirements for affordable dwelling unit developments shall be the same as those for other lots within the subject development, whether traditional design or cluster, in the R-2 district. (A) Lot Size: 18,150 square feet (B) Lot Width (1) Single Family Detached: 72 feet minimum. (2) Single Family Detached (corner): 88 feet minimum. (C) Yards (1) Front:25 feet minimum (2) Side: 15 feet minimum (3) Rear: 25 feet minimum 5.10.4 R-4 Single Family Residential District 5.10.4.a Purpose These regulations for the R-4 district are established to provide for affordable dwelling unit developments at a density not to exceed four and eight-tenths (4.8) dwelling units per acre. 5.10.4.b Permitted Uses Affordable dwelling unit developments may consist of single family detached dwelling units. 5.10.4.c Lot and Building Requirements Unless otherwise provided for below, the lot, building, setback and access requirements for affordable dwelling unit developments shall be the same as those for other lots within the subject development, whether traditional design or cluster, in the R-4 district. (A) Lot Size• 9,075 square feet. (B) Lot Width (1) Single Family Detached: 60 feet minimum. (2) Single Family Detached(corner): 72 feet minimum. (C) Yards 41/ (1) Front(Principal Building) 15 feet minimum (2) Front(Garage Entrance): 20 feet minimum -1 3- 4pr AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS (2) Side. 10 feet minimum (3) Rear: 20 feet minimum 5.10.5 R-6 Moderate Density Residential District 5.10.5.a Purpose These regulations for the R-6 district are established to provide for affordable dwelling unit developments at a density not to exceed seven and two-tenths (7.2) dwelling units per acre. 5.10.5.b Permitted Uses Affordable dwelling unit developments may consist of single family detached and duplex dwelling units. 5.10.5.c Lot and Building Requirements 411, Unless otherwise provided for below, the lot, building, setback and access requirements for affordable dwelling unit developments shall be the same as those for other lots within the subject development, excluding cluster design, in the R-6 district. (A) Lot Size• 6,050 square feet, (B) Lot Width (1) Single Family Detached. 60 feet minimum. (2) Single Family Detached(corner): 72 feet minimum. (3) Duplex, vertical: 37.5 feet minimum (4) Duplex, vertical (corner): 45 feet minimum (5) Duplex, horizontal: 60 feet minimum (6) Duplex, horizontal (corner). 72 feet minimum (C) Yards (1) Front(Principal Building): 15 feet minimum (2) Front(Garage Entrance). 20 feet minimum (3) Side: 10 feet minimum (4) Rear 20 feet minimum 5.10.6 R-8 Medium Density Attached Residential District 5.10.6.a Purpose These regulations for the R-8 district are established to provide for affordable dwelling unit developments at a density not to exceed nine and six-tenths (9.6) -14- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS dwelling units per acre. 5.10.6.b Permitted Uses Affordable dwelling unit developments may consist of single family detached, single family attached and duplex dwelling units. 5.10.6.c Lot and Building Requirements Unless otherwise provided for below, the lot, building, setback and access requirements for affordable dwelling unit developments shall be the same as those for other lots within the subject development, whether traditional design or cluster, in the R-8 distract (A) Lot Size (1) Single Family Detached: 5,525 square feet (2) Single Family Attached (corner and end lots): 2,550 square feet (3) Single Family Attached (interior lots): 1,700 square feet. (B) Lot Width 411, (1) Single Family Detached: 60 feet minimum. (2) Single Family Detached (corner): 72 feet minimum (3) Single Family Attached (corner and end lots): 24 feet minimum (4) Single Family Attached (interior lots): 16 feet minimum. (5) Duplex, vertical 37.5 feet minimum (6) Duplex, vertical (corner): 45 feet minimum (7) Duplex, horizontal: 75 feet minimum (8) Duplex, horizontal (corner): 90 feet minimum (C) Yards (1) Front(Principal Building): 15 feet minimum (2) Front(Garage Entrance): 20 feet minimum (3) Side: 10 feet minimum (0 feet for interior townhouse unit) (4) Rear. 20 feet minimum 5.10.7 R-16 Planned Housing Development District 5.10.7.a Purpose These regulations for the R-16 district are established to provide for affordable dwelling unit developments at a density not to exceed 17 6 dwelling units per acre for multi family and 11 dwelling units per acre for single family attached Overall density for R-16 projects may not exceed 13.2 dwelling units per acre for projects containing a mix of multi-family and single-family attached dwelling units. -15- 4.00 AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS 5.10.7.b Permitted Uses Affordable dwelling unit developments may consist of single family attached and multi-family dwelling units. 5.10.7.c Lot and Building Requirements Unless otherwise provided for below, the lot, building, setback and access requirements for affordable dwelling unit developments shall be the same as those for other lots within the subject development, whether traditional design or cluster, in the R-16 district. (A) Lot Size No minimum requirement. (B) Lot Width (1) Single Family Attached(corner and end lots): 24 feet minimum (2) Single Family Attached(interior lots): 16 feet minimum. (3) Multi-family. 90 feet minimum. (C) Yards (1) Multi- Family a Front: 30 feet minimum b Side 30 feet minimum c. Rear. 30 feet minimum (2) Single- Family Attached a Front: 10 feet minimum b. Side(end units): 10 feet minimum c. Rear: 20 feet minimum 5.10.8 R-22 Multi-Family Residential District 5.10.8.a Purpose These regulations for the R-22 district are established to provide for affordable dwelling unit developments at a density not to exceed 24.2 dwelling units per acre. 5.10.8.b Permitted Uses Affordable dwelling unit developments may consist of multi-family dwelling units. 5.10.8.c Lot and Building Requirements 41, Unless otherwise provided for below, the lot, building, setback and access requirements for affordable dwelling unit developments shall be the same as those for other lots within the subject development in the R-22 district. -1 6- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS (A) Lot Size: No minimum requirement. (B) Lot Width (1)Multi-family. 90 feet minimum (C) Yards (1)Multi-Family a. Front: 30 feet minimum b Side: 30 feet minimum c Rear 30 feet minimum R-1. Sint2,1c-I amik Residential District 5.2.2 Use Regulations Uses are allowed in the R-1 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all 41. applicable standards of this Zoning Ordinance An"S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. Developments that are subject to Section 3.17, Affordable Dwelling Unit(ADU) developments, shall also be subject to the requirements of Section 5.10. R-1 Uses I Use 0 Use Standards Definition Commercial Uses 1 Bed and breakfast inn ISQ Sec 18 1 14 Child care center SQ Sec 18 1 27 Country club Sec 18 1 38 Golf course © Sec 18 1 67 Home occupation © Sec 18 1 75 I Recreation facility Sec 9 3 18 Sec 18 1 147 Temporary Land-Based P Sec 9 3 23 D Telecommunications Testing Facility_ Institutional and Community Service Uses [demetery Sec 181 26 Fire and/or rescue facility SS Sec 18 1 59 -17- 440, AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-1 Uses Golf course © Sec 18 1 67 Library ©( -----1 Sec 181 83 Nursing home III—Sec 9 3 14 Sec 18 1 112 Park, public Place of worship SO Sec 18 1 133 Recreation facility © Sec 9 3 18 Sec 18 1 147 School, general education SD Sec 18 1 153 School, public © Sec 18 1 154 U S Postal Service SO Sec 18 1 138 A Residential Uses 1 'Accessory dwelling unit SO Sec 9 4 1 Sec 18 1 5 Group home © Sec 18 1 69 Single-family detached dwelling © Sec 18.1 162 Utility Uses [Public utility, major J[J Sec 9 3 27 Sec 18.1 145 Public utility, minor © Sec 9 3 27 Sec 18 1 145 5.2.3 Density/Intensity and Dimensional Standards All development in the R-1 District shall be subject to the following standards (See also Article 10). R-1 District Standards [A. Minimum Lot Area (acres) All Development 11(per unit) B. Minimum Lot Width (feet) Interior Lot 100 I Corner Lot [ 125 C. Minimum Yards/Setbacks (feet) Front 30 I Side 20 Rear I[ 30 I D. Maximum Building Height(feet) All Development 35[1] -18- C AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-1 District Standards for ADU Developments (see Section 5.10) Vt. Minimum Lot Area (square feet) All Development 36,300 (per unit) B. Minimum Lot Width (feet) Interior Lot 80 Corner Lot 100 C. Minimum Yards/Setbacks (feet) Front 30 Side 20 Rear 30 [1] Maximum height for a place of worship may exceed 35 feet when allowed by a special exception approved by the Town Council in accordance with the procedures of Sec 3 4 Special Exceptions. R-2 Sin.le-Famil Residential District SIP 5.3.2 Use Regulations Uses are allowed in the R-2 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. Developments that are subject to Section 3.17,Affordable Dwelling Unit (ADU) developments, shall also be subject to the requirements of Section 5.10. -19- 4 AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-2 Uses Use ['Use Standards Definition (Commercial Uses [Bed and breakfast inn LI 1 Sec 18 1 14 Child care center SO 1 Sec 18 1 27 --------------- - Home occupation P Sec 18 1 75 Lecreation facility ISO Sec 9 3 18 Sec 18 1 147 emporary Mobile Land-Based P Sec 9 3 23 D elecommunications Testing Facility [Institutional and Community Service Uses jCemetery S ] Sec 181 26 Fire and/or rescue facility ID 1 Sec 18 1 59 I Library D Sec 181 83 Park, public Place of worship Sec 18 1 133 I Recreation facility D Sec 9 3 18 Sec 18 1 147 School, general education �SQ Sec 18 1 153 School, public ID Sec 18 1 154 U S Postal Service SD Sec 18 1 138 Residential Uses Accessory dwelling unit ISO Sec 94 1 I Sec 181 5 'Cluster development D Sec 10 3 1 Sec 18 1 29 'Group home D Sec 18 1 69 I Single-family detached dwelling D Sec 18 1 162 I Utility Uses Public utility, major SD Sec 9 3 27 I Sec 18 1 145 1 Public utility, minor lD Sec 9 3 27 Sec 18 1 145 5.3.3Density/Intensity and Dimensional Standards All development in the R-2 District shall be subject to the following standards (See also Article 10): R-2 District Standards 1 IA. Minimum Lot Area (square feet)' All Development 20,000(per unit) B. Minimum Lot Width (feet) Interior Lot 90 stow Corner Lot I 110 C. Minimum Yards/Setbacks (feet) -2 0- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-2 District Standards Front 25 Side 15 Rear 25 D. Maximum Building Height(feet) All Development 35[1] R-2 District Standards for ADU Developments (see Section 5.10) Minimum Lot Area (square feet) All Development 18,150 (per unit) B. Minimum Lot Width (feet) Interior Lot 72 Corner Lot 88 C. Minimum Yards/Setbacks (feet) Front 25 111 Side 15 Rear 25 [1] Maximum height for a place of worship may exceed 35 feet when allowed by a special exception approved by the Town Council in accordance with the procedures of Sec 3 4 Special Exceptions R-4. Sintic-Family Residential District 5.4.2 Use Regulations Uses are allowed in the R-4 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An"S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. Developments that are subject to Section 3.17, Affordable Dwelling Unit(ADU) developments, shall also be subject to the requirements of Section 5.10. I -2 1- 46, AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-4 Uses Use Q Use Standards Definition Commercial Uses Child care center 0 Sec 18 1 27 Home occupation © Sec 18 1 75 Temporary Mobile Land-Based P Sec 9 3 23 D Telecommunications Testing Facility Institutional and Community Service Uses 'Assisted living residence LE Sec 9 3 1 r Sec 18 1 11 Cemetery 1 SO Sec 18 1 26 Fire and/or rescue facility SO Sec 18 1 59 Library SO Sec 181 83 Park, public 1© Place of worship i SQ Sec 18.1 133 Recreation facility SO Sec 9 3 18 Sec 18 1 147 School, general education SO Sec 18 1 153 ( School, public SD Sec 18 1 1541 Residential Uses Cluster development © Sec. 10 3.1 Sec 18 1 29 Extended Family Residence 1SQ Sec 9 3 9 Sec 18 1 56 1 Group home © Sec 18 1 69 Single-family detached dwelling © Sec 18-1-7-16-il Utility Uses Public utility, major SJ Sec 9 3 27 Sec 18 1 145 Public utility, minor © Sec 9 3 27 Sec 18 1 145 5.4.3Density/Intensity and Dimensional Standards All development in the R-4 District shall be subject to the following standards (See also Article 10): R-4 District Standards 1 A. Minimum Lot Area (square feet) All Development 10,000per unit B. Minimum Lot Width (feet) Interior Lot 75 Corner Lot 90 C. Minimum Yards/Setbacks (feet) Front Principal Building 15 Front Garage Entrance 20 I Side 11 10 I -2 2- 41110 AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-4 District Standards Rear 20 D. Maximum Building Height(feet) I All Development - [ 35[1] R-4 District Standards for ADU Developments 1 (see Section 5.10) ' IA. Minimum Lot Area (square feet) I All Development 9,075 (per unit) B. Minimum Lot Width (feet) Interior Lot 60 Corner Lot 72 C. Minimum Yards/Setbacks (feet) Front Principal Building 15 Front Garage Entrance 20 Side 15 Rear 20 [1] Maximum height for a place of worship may exceed 35 feet when allowed by a special exception approved by the Town Council in accordance with the procedures of Sec 3 4 Special Exceptions R-6 Moderate Densit Residential District 5.5.2 Use Regulations Uses are allowed in the R-6 District in accordance with the following table A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. Developments that are subject to Section 3.17, Affordable Dwelling Unit(ADU) developments, shall also be subject to the requirements of Section 5 10. R-6 Uses Use 0 Use Standards Definition Commercial Uses Child care center SO Sec 18 1 27 Home occupation 1© Sec 18 1 751 Temporary Mobile Land-Based P Sec 9 3 23 D Telecommunications Testing Facility Institutional and Community Service Uses I Assisted living residence 11 Sec 9 3 1 Sec 18 1 11 -2 3- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-6 Uses Cemetery 0 Sec 181 26 Club 0 Sec 181 28 Fire and/or rescue facility 0 I Sec 18 1 59 Library 0 Sec 181 83 Park, public Place of worship 0 Sec 18 1 133 Recreation facility 0 Sec. 9 3 18 Sec 18 1 147 School, general education 0 Sec 18 1 153 School, public 0 Sec 18 1 154 Residential Uses Cluster development ti Sec 10 3 1 r Sec 18 1 29 Duplex © Sec 181 46 Extended Family Residence SD Sec 9 3 9 Sec 18 1 56 1 Group home © Sec 18 1 69 Single-family detached dwelling -0 1 Sec 18 1 162 Utility Uses Public utility, major SO Sec 9 3 27 ' Sec 18 1 145 Public utility, minor P Sec 9 3 27 Sec 18 1 145 5.5.3 Density/Intensity and Dimensional Standards All development in the R-6 District shall be subject to the following standards (See also Article 10): R-6 District Standards A. Minimum Lot Area (square feet) Single-Family Detached 6,500 Duplex, Vertical 5,000 Duplex Horizontal 10,000 All Other Development 8,000 B. Minimum Lot Width (feet) Interior Lot 75[2] Corner Lot 90 [2] C. Minimum Yards/Setbacks (feet) Front. Principal Building 15 Front Garage Entrance I 20 Side —I 10 1111 Rear 20 D. Maximum Building Height(feet) -24- (haw AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-6 District Standards All Development 35[1] R I District Standards for ADU Developments (see Section 5.10) IA. Minimum Lot Area (square feet) Single-Family Detached 6,050 Duplex, Vertical 5,000 Duplex Horizontal 10,000 All Other Development 8,000 B. Minimum Lot Width (feet) Interior Lot 160 2] Corner Lot 72 [2] C. Minimum Yards/Setbacks(feet) Front Principal Building 15 Front Garage Entrance I 20 Side 10 Rear I 20 D. Maximum Building Height(feet) All Development I 35[1] [1] Maximum height for a place of worship may exceed 35 feet when allowed by a special exception approved by the Town Council in accordance with the procedures of Section 3 4 Special Exceptions [2, Duplex Lot Width (feet) Vertical Structure Horizontal Structure Interior Lot 37 5 75 Corner Lot 45 90 IZ-8 Medium-Densit Attached Residential District 5.7.2 Use Regulations Uses are allowed in the R-8 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in 0 Sec. 9.2. Developments that are subject to Section 3.17, Affordable Dwelling Unit(ADU) developments, shall also be subject to the requirements of Section 5.10. I -2 5- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-8 Uses Use 0 Use Standards Definition Commercial Uses Home occupation P Sec 18 1 75 Recreation facility ICs] Sec 9 3 18 Sec 18 1 1471 Temporary Mobile Land-Based P Sec 9 3 23 D Telecommunications Testing Facility Institutional and Community Service Uses Assisted living residence I0 Sec 9 3 1 Sec 18 1 11 Cemetery Q Sec 181 26 Fire and/or rescue facility 0 Sec 18 1 59 Library S� Sec 181 83 Park, public LI Place of worship SQ Sec 18 1 133 Recreation facility SD Sec 9 3 18 Sec 18 1 147 School, general education ISO I Sec 18 1 153 School, public I SQ Sec 18 1 154 Residential Uses — (Cluster development -I PJ Sec 10 3 1 Sec 18 1 29 Duplex -11:1 Sec 181 46 Extended Family Residence II Sec 9 3 9 Sec 18 1 56 11 Group home I© Sec 18 1 69 Single-family attached (townhouse) © Sec 9 3 22 Sec 18 1 163 Single-family detached dwelling © Sec 18.1 162 Utility Uses _ I Public utility, major �SQ Sec 9 3 27 Sec 18 1 145 Public utility, minor © Sec 9 3 27 Sec 18 1 145 5.7.3Density/Intensity and Dimensional Standards All development in the R-8 District shall be subject to the following standards (See also Article 10)• R-8 District Standards [A. Minimum Lot Area (square feet) Single-Family Detached 6,500 c Single-Family Attached (Interior Lots) 2,000 Single-Family Attached (Corner and End Lots) 3,000 Duplex, Vertical 5,000 -26- ilia., AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-8 District Standards Duplex Horizontal 10,000 All Other Development 8,000 B. Minimum Lot Width (feet) Single-Family Detached 75 Single-Family Attached (Interior Lots) 20 Single-Family Attached (Corner and End Lots) 30 Duplex, Vertical (Interior Lots) 37 5 Duplex, Vertical (Corner and End Lots) 45 Duplex, Horizontal (Interior Lots) 75 Duplex, Horizontal (Corner and End Lots) 90 All Other Development 20 C. Minimum Yards/Setbacks (feet) Front Principal Building 15 Front Garage Entrance 20 Side 10[1] 1610 Rear 20 D. Maximum Building Height(feet) All Development 135[2] R-8 District Standards for ADU Developments (see Section 5.10) A. Minimum Lot Area (square feet) Single-Family Detached 1 5,525 Single-Family Attached (Interior Lots) 1 1,700 Single-Family Attached (Corner and End Lots) 2,550 Duplex, Vertical 5,000 I Duplex Horizontal 10,000 All Other Development F,0001 B. Minimum Lot Width (feet) Single-Family Detached 60 Single-Family Detached (corner) 72 Single-Family Attached (Interior Lots) 16 Single-Family Attached (Corner and End Lots) 24 Duplex, Vertical (Interior Lots) 37 5 Duplex,Vertical (Corner and End Lots) 45 Duplex, Horizontal (Interior Lots) 75 1 Duplex, Horizontal (Corner and End Lots) 90 -2 7- ihr AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-8 District Standards for ADU Developments (see Section 5.10) All Other Development I 20 C. Minimum Yards/Setbacks(feet) Front Principal Building 15 Front Garage Entrance 20 Side 10[1 Rear 20 [1] Side yard setback shall be 0 feet for an interior townhouse lot [2] Maximum height for a place of worship may exceed 35 feet when allowed by a special exception approved by the Town Council in accordance with the procedures of Sec 3 4 Special Exceptions R-16 Planned Housin_ Develo i ment District 5.8.2 Use Regulations Uses are allowed in the R-16 District in accordance with the following table. A "P" in the second 4411110 column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An "S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. Developments that are subject to Section 3.17, Affordable Dwelling Unit (ADU) developments, shall also be subject to the requirements of Section 5.10. R-16 Uses Use Q Use Standards Definition (Commercial Uses Child care center 0 Sec 18 1 271 Home occupation © Sec 18 1 75 Temporary Mobile Land-Based P Sec 9 3 23 D Telecommunications Testing Facility Institutional and Community Service Uses Assisted living residence Sec 9 3 1 Sec 18 1 11 Fire and/or rescue facility 0 Sec 18 1 59 Library IO I Sec 18 1 83 Nursing home Si Sec 9 3 14 Sec 18 1 112 Park, public Place of worship SD Sec 18 1 133 Recreation facility SD Sec. 9 3 18 Sec 18 1 147 School, general education SQ Sec 18 1 153 -2 8- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-16 Uses School, public 0 Sec 18 1 154 Residential Uses Group home © l Sec 18 1 69 Multiple-family �© Sec 9 3 12 Sec 18 1 102 Single-family attached (townhouse) © Sec 9 3 22 Sec 18 1 163 (Utility Uses Public utility, major 111 Sec 9 3 27 Sec 18 1 145 Public utility, minor © Sec 9 3 27 Sec 18 1 145 0 5.8.3Density/Intensity and Dimensional Standards All development in the R-16 District shall be subject to the following standards (See also Article 10): R-16 District Standards A. Minimum Lot Area(square feet) _ 1 tir Single-Family Attached 1,400 Multi-Family 10,000 All Other Development 8,000 B. Minimum Lot Width (feet) Single-Family Attached (Interior Lots) 16 Single-Family Attached (Corner and End Lots) 24 Multi-Family 90 C. Maximum Density(units per acre) Multi-Family 17 6 Single-Family Attached 11 Overall [1] 13 2 D. Minimum Yards/Setbacks (feet) Multi-Family Front 30 Side 30 Rear 30 Single-Family Attached Front 10 Side(end units) 10 Rear 26-1 • E. Maximum Building Height(feet) All Development 35[2] -2 9- AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-16 District Standards F. Minimum Zoning District Area (acres) 5 R-16 District Standards for ADU developments (see Section 5.10) A. Minimum Lot Area (square feet) L Single-Family Attached 1 1,400 L Multi-Family 10,000 All Other Development 8,000 B. Minimum Lot Width (feet) Single-Family Attached (Interior Lots) 1 18 1 Single-Family Attached (Corner and End Lots) r 28 1 Multi-Family 100 All Other Development 75 C. Maximum Density (units per acre) 1 Multi-Family 1 16 Single-Family Attached 10 Overall [1] 12 D. Minimum Yards/Setbacks (feet) Multi-Family Front 30 Side 30 Rear 30 Single-Family Attached • Front 10 Side(end units) 10 Rear 20 E. Maximum Building Height(feet) 1 All Development 35[2] F. Minimum Zoning District Area (acres) 5 [1] Maximum overall density for projects containing a mix of multifamily and townhouse dwelling units [2] Maximum height for a place of worship may exceed 35 feet when allowed by a special exception approved by the Town Council in accordance with the procedures of Sec 3 4 Special Exceptions -3 0- 4111. AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-22 Multi-Famil Residential District 5.9.2 Use Regulations Uses are allowed in the R-22 District in accordance with the following table. A "P" in the second column of the table indicates that the use is permitted by-right, subject to compliance with all applicable standards of this Zoning Ordinance. An"S" in the second column of the table indicates that the use may be allowed if reviewed and approved in accordance with the Special Exception procedures of Sec. 3.4. For a summary of uses permitted in all zoning districts, see the Use Table in Sec. 9.2. Developments that are subject to Section 3.17, Affordable Dwelling Unit(ADU) developments, shall also be subject to the requirements of Section 5.10. R-22 Uses Use 1JUse Standards[iDefinition7 'Commercial Uses 1 Child care center Sec 18 1 271 Home occupation Sec 18 1 75 Recreation facility SD Sec 9 3 18 Sec 18 1 147 Temporary Mobile Land-Based p� Sec 9 3 23 D Telecommunications Testing Facility Institutional and Community Service Uses 'Assisted living residence �SQ Sec 9 3 1 Sec 18 1 11 Fire and/or rescue facility SD Sec 18 1 59 Library SO Sec 181 83. Nursing home Li Sec 9 3 14 Sec 18 1 112 Park, public Place of worship SD Sec 18 1 133 Recreation facility LI Sec 9 3 18 Sec 18 1 147 School, general education SO Sec 18 1 153 School, public ISQP ISec 18 1 154 Residential Uses Group home © Sec 18 1 69 Multiple-family © Sec 9 3 12 ISec 18.1.102 Utility Uses Public utility, major SD Sec 9 3 27 Sec 18 1 145 Public utility, minor © Sec 9 3 27 Sec 18 1 145 5.9.3Density/Intensity and Dimensional Standards k, All development in the R-22 District shall be subject to the following standards (See also Article 10)• -3 1- 4110 AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS R-22 District Standards A. Minimum Lot Area (square feet) All Development None B. Minimum Lot Width (feet) 1 All Lots 100 C. Maximum Density(units per acre) All Development 22 D. Minimum Yards/Setbacks(feet) 1 Front 30 Side 30 Rear r 30 E. Maximum Building Height(feet) All Development 35/45 [1] R-22 District Standards for ADU developments (see Section 5.10) • IA. Minimum Lot Area (square feet) All Development None B. Minimum Lot Width (feet) All Lots I 90 -1 C. Maximum Density(units per acre) All Development 24 2 1 ID. Minimum Yards/Setbacks (feet) Front 30 Side 30 Rear 30 [1]Adjacent to any residential use other than multifamily, the maximum building height shall be 35 feet for principal buildings, except that interior buildings may be 45 feet in height SECTION II. All prior ordinances in conflict herewith are hereby repealed. SECTION III. Severability. If a court of competent jurisdiction declares any provision of this ordinance invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the zoning ordinance SECTION IV. This ordinance shall be in effect upon its passage and shall apply to all new land -32- k✓ AMENDING THE ZONING ORDINANCE FOR ARTICLE 5 RESIDENTIAL ZONING DISTRICTS, FOR THE PROVISION OF AFFORDABLE DWELLING UNITS development applications accepted after the effective date. PASSED this 22nd day of April 2008. • n C. mstattd, Mayor Town of Leesburg ATTEST: 1 / erk of Council TLOA-2008-000 1 VanousOrd 41110