Highlighted below: 54 of 56 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.
ARTICLE 8B#
PLANNED UNIT DEVELOPMENT DISTRICT PUD#
Footnotes: --- (17) ---
Editor's note—Ord. of 9-3-2024, Att., adopted September 3, 2024, repealed the former Art. 8B, §§ 8B-1—8B-7, and enacted a new Art. 8B as set out herein. The former Art. 8B pertained to similar subject matter and derived from Ord. of 12-3-1991, §§ 8B-1—8B-7, adopted December 3, 1991; Ord. of 8-3-1993, adopted August 3, 1993; Ord. of 1-4-2011, adopted January 4, 2011.
8B-1. Statement of intent.#
This district is intended to accommodate the development of sizable and/or contiguous tracts of land, while providing design flexibility and incentives for the creation of a more desirable, coordinated living environment than would be possible under the strict application of traditional zoning. The regulations of this district are intended to recognize that changing community and land use trends have created a need for a consolidated zoning district which promotes an integrated planned community within which commercial, office, residential, recreation and a variety of uses are conveniently linked.
The objectives of the PUD District are generally:
-
To achieve the goals set forth in the Comprehensive Plan, including: a. Encouraging growth in identified areas at the appropriate scale. b. Supporting diverse housing options. c. Spurring economic development. d. Planning the provision of adequate services and public facilities, as well as the reasonable phasing of County infrastructure as identified in the Comprehensive Plan and/or scheduled in the Capital Improvement Program.
-
To promote dense, connective, and harmonious development in the County through allowing a compatible mix of commercial, office, residential and recreational components within the same coordinated zoning district, especially in identified "Future Growth Areas" and within the Urban Services Boundary, as outlined in the Comprehensive Plan.
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To encourage and achieve a wide variety of high-quality residential development that provide housing which meets the varied needs of the County's population regarding location, affordability, quality, connectivity, and public services, and other aspects that are in concert with the recommendations of the Comprehensive Plan.
-
To promote an orderly transition of land from rural to urban development.
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To reduce commuter demand on highways and roads by linking residential housing, recreational amenities, workplaces, and other community functions within the same development, as well as through the provision of multimodal facilities, such as, but not limited to, sidewalks & crosswalks, bike lanes & trails, facilities/space for public transportation, shared-use paths, and commuter lots, to enhance connectivity and mobility.
-
To provide flexibility regarding site development in a manner which promotes the economic and efficient development of land use; provides improved public amenities; encourages appropriate and harmonious development; encourages creative design which is sensitive to the environment; and which preserves and enhances specific historic sites and buildings; and promotes the conservation of unique natural features of the site as it relates to slope, size, shape, geology and other aspects of the land.
(Ord. of 9-3-2024, Att.)
8B-2. Application and procedures.#
1. Concept Plan.#
Any application for a PUD must be preceded by a concept plan at least ninety (90) days prior to any formal submission or consideration by the Planning Commission. The concept plan shall be submitted to the zoning administrator for consultation and discussion and shall include the location and components of the PUD; describe use areas, circulation and anticipated open space; and identify any unique design or natural features and the relationship of the proposal with surrounding area public facilities. The zoning administrator may consult with the Planning Commission and area agencies as appropriate. Although no formal action is required, an application will not be accepted until a concept plan has been submitted and reviewed [maximum ninety (90) days].
2. Development Plan.#
A PUD development plan shall be submitted with any application for rezoning to a PUD. The development plan shall consist of a drawing or drawings at an appropriate scale and accompanying text which describes the proposed general layout of land uses and the general location of structures and improvements; an access and circulation plan; general public utility plan; general storm drainage plan; and a plan showing the location of recreational areas, open space, parks and other community/public uses.
The PUD development plan application shall provide the following information and materials and any other relevant data which may be used to evaluate the project:
a. A map of the entire site to be rezoned, including the name and address of the owner and the developer and the legal boundaries at a scale of not greater than one (1) inch to six hundred (600) feet.
b. A narrative of the planning purposes to be achieved by the proposed PUD, including how the uses meet the intent of this section, an assessment of the proposal's relations to the Comprehensive Plan and the objectives of this Article, and major elements, principal site features used to accentuate the scheme and environmental components integrated into the plan. The lack of such justification requires that the Comprehensive Plan be formally amended to assess the PUD in relation to long-range County needs and demonstrate coordination with future land use plans.
c. An analysis of existing conditions with supporting maps [of at least one (1) inch to six hundred (600) feet] which show: i. Existing structures and uses. ii. Existing public facilities and services, including rights-of-way and easements. iii. Identification of existing zoning on-site and within five hundred (500) feet of the project's boundaries. iv. Principal natural features. v. A site analysis to include the location and description of significant historic landmarks or sites contained on any state or federal register and County records, cemeteries, vegetation, topography [five-(5) foot contours], hydrology, soil types, airport noise zones (if applicable), flood plains, wetlands, stormwater drainage and significant manmade and cultural features.
d. A proposed land use plan will be drawn at a scale of one (1) inch equals two hundred (200) feet and identify: i. The size and location of proposed uses, as outlined in 8B-3.2, inclusive of estimated acreages and their approximate locations; total dwelling units by type and density; and estimated acreage, and type for each nonresidential area. ii. Proposed and existing road networks (width, rights-of-way, etc.). iii. Principal nonresidential structures (maximum square footage by type). iv. The general location and acreage of open space, recreation and common areas to be dedicated for community use or public purposes, if any, and their linkages or circulation system. v. A general landscape plan which focuses on the location and type of overall landscaping to be used (trees, plants and berming) within the project. vi. The proposed location of utilities and general drainage, and a plan of each. vii. A phasing plan for development and estimated schedule including public utility phasing. viii. The amount of off-street parking.
e. The applicant shall prepare a transportation study, which shall include at a minimum: i. An analysis and description of base existing conditions and traffic volumes for the external road network serving the site. ii. An analysis and description of projected conditions (both project life and twenty (20) year term) based on the proposed land uses within the project and traffic growth on adjacent highways. Trip generation rates for morning and evening peak hours of the project shall be prepared, by development and phase (if phased), as well as the internal/external trip distribution and intersection and capacity analysis. iii. The analysis will demonstrate the adequacy of the project's internal and external adjacent road network and identify off-site access or traffic control improvements generated exclusively by the traffic demands of the proposed project for each phase (if any) and at full development. iv. The analysis shall contain recommended internal and off-site road or transportation improvements to accommodate land use development and network growth for each phase and at full development.
f. An evaluation of the existing and anticipated market for proposed facilities and growth trends of the County, as well an analysis of projected impacts to the County, including: i. Demographic profile of proposed development (population, housing, school children and employment). ii. Housing types and range of costs for each area relative to the community. iii. Assessment of impact on community facilities, services, and taxes. 1. This includes but is not limited to public school capacity, the provision of police services, the provision of emergency services, and water and sewer capacity.
g. An environmental assessment of the total proposed development shall be provided and include: i. Erosion and stormwater runoff impact on water resources during and after the construction of the development. ii. Demand impact on public water and sewer capacities. iii. Mitigation plan(s) to address environmental impacts.
h. Any proposed covenants, deed restrictions and the organization for governance of any common land/facilities in the PUD. Such documents shall provide for required responsibilities for ownership and maintenance of open space and common facilities and enforcement of any covenant or deed provisions. These documents may be in draft and will be used for informational purposes. This requirement may be waived by the Planning Commission until subdivision or site plan applications are submitted.
3. Subsequent Plans.#
All subsequent plans (subdivisions, site plans) and permits in the PUD shall be in general accordance with the approved PUD development plan. The PUD development plan shall become the zoning map for the tract so designated and carry the same responsibilities, together with any conditions, as any conditional zoning under the County Code. The plan shall present a unified and organized arrangement of buildings, service areas, parking, landscaped recreation, open space and community facilities to provide for maximum comfort, convenience and quality of living environment.
4. Procedures for Consideration.#
The following shall be the procedures for consideration:
a. The zoning administrator shall review the application and refer copies to the appropriate agencies for recommendation and prepare a report for the Planning Commission within ninety (90) days of formal application of the development plan. The zoning administrator shall notify the Planning Commission of all applications received by the next regularly scheduled meeting.
b. The Commission shall proceed in general as for any other rezoning application, as required by this ordinance, and shall make a recommendation to the Board of Supervisors within four (4) months of its first consideration or as extended in writing by the applicant. They shall give special consideration to the following matters: i. The suitability of the tract for the type and intensity of the activities proposed in terms of the recommendation of the Comprehensive Plan, physical characteristics and its relation to Future Growth Areas, or if such a relationship cannot be demonstrated, an amendment to the Comprehensive Plan identifying the economic and social compatibility with long-range County development. ii. The reasonably foreseeable availability of adequate roads, utilities and public facilities to serve the tract at the ultimately proposed density or limits of development.
c. The Board shall proceed in general as provided for in other rezoning applications. The Board may approve the application as proposed; or approve with specific modifications of the development plan; or deny the application. Any covenants, governance documents and easement (if applicable) shall be recorded in the Culpeper County Circuit Court Clerk's office within sixty (60) days of approval of future subdivision and site plan applications.
5. Procedures for PUD establishment and Amendment.#
The following shall be the procedures for PUD establishment and amendment:
a. A PUD may be established by zoning map amendment in accordance with the Code of Virginia and the procedures of this ordinance as specifically modified hereby.
b. Changes in the development plan may be proposed by the applicant prior to the Board of Supervisors' public hearing. The Board of Supervisors may at its discretion consider the application as proposed or may return it to the Planning Commission for further review.
c. Land area may be added to an established PUD if it adjoins and is proposed to be made an integral part of the approved development. The procedures for any addition of land or substantial change in the development plan shall be the same as for an original application and all requirements shall apply except the minimum acreage requirements of this section. (Ord. of 12-3-1991, § 8B-2)
(Ord. of 9-3-2024, Att.)
8B-3. Development standards.#
The Future Growth Areas and the Urban Services Boundary, which are identified in the Comprehensive Plan, encourage the mixing of use and activities to represent the heart of neighborhood development. The PUD has been designed to enable the creation of this kind of development. Proposals for PUDs which are not located in these areas are heavily discouraged. Additionally, it is expected that the proposed uses and intensity are generally aligned with the intentions set forth in the Comprehensive Plan regarding use types and overall density.
1. District Size.#
The minimum district size shall be twenty (20) acres, whether on a single parcel or on multiple contiguous parcels.§
2. Uses and Lot Regulations.#
Since the standards and goals of the PUD are different from the other districts in the Zoning Ordinance, the PUD shall utilize the following use categories instead of existing zoning designations and abide by the associated standards established throughout 8B-3. Development Standards.
a. The use categories are as follows: i. Mixed Use. 1. This category allows for a wide mix of residential, commercial, and other uses with a density that is conducive to a town atmosphere. ii. Open Space. 1. This category allows for the creation and preservation of natural landscapes, environmental protection, and recreation opportunities. Land dedicated to rights-of-way, roads, and stormwater management may be allowed in open space if it is related to the preservation and/or enjoyment of the conserved lands.
b. The following matrices illustrate the uses allowed in each category. Uses listed as conditional shall be considered as permitted during the initial rezoning to a PUD designation. Once the PUD is established, said uses shall require a conditional use permit if it is a separate application not associated with the rezoning.
i. Residential#
| Use | Mixed Use | Open Space |
|---|---|---|
| Detached Single-Family Dwellings, Modular Homes, and Manufactured Homes | Permitted | Not Permitted |
| Zero Lot Line Detached Single-Family Dwellings (may be modular) | Permitted | Not Permitted |
| Semi-Detached/Duplex | Permitted | Not Permitted |
| Cottage Court/Bungalow Court/Tiny Home Community developments of only Detached Single-Family Dwellings (may be modular)(can be in a condominium format) | Permitted | Not Permitted |
| Zero Lot Line Attached and Townhouse (may be modular) | Permitted | Not Permitted |
| Multifamily (3+) | Permitted | Not Permitted |
| Live-Work/Mixed Use (see commercial matrix for allowed commercial uses) (may be attached) | Permitted | Not Permitted |
| Manufactured Home Communities | Permitted | Not Permitted |
ii. Commercial/Office#
| Use | Mixed Use | Open Space |
|---|---|---|
| Antique shop | Permitted | Not Permitted |
| Beauty/barber shop | Permitted | Not Permitted |
| Convenience or general store | Permitted | Not Permitted |
| Delicatessen | Permitted | Not Permitted |
| Gasoline station (sales only, automotive repair prohibited) | Permitted | Not Permitted |
| Laundromat and dry cleaning pick-up station | Permitted | Not Permitted |
| Music instruction, conservatory | Permitted | Not Permitted |
| Post office | Permitted | Not Permitted |
| Real estate office | Permitted | Not Permitted |
| Religious institutions | Permitted | Not Permitted |
| Tailor and dressmaker/seamstress | Permitted | Not Permitted |
| Medical, professional and general offices | Permitted | Not Permitted |
| Apparel/clothing | Permitted | Not Permitted |
| Auto supplies | Permitted | Not Permitted |
| Bakery and confectionery | Permitted | Not Permitted |
| Banks and lending institutions | Permitted | Not Permitted |
| Bed and breakfast | Conditional | Not Permitted |
| Blueprinting and copying | Permitted | Not Permitted |
| Book store | Permitted | Not Permitted |
| Cabinet and furniture repair | Permitted | Not Permitted |
| Catalogue sales | Permitted | Not Permitted |
| Catering establishment | Permitted | Not Permitted |
| Clothing store | Permitted | Not Permitted |
| Dance studio | Permitted | Not Permitted |
| Doctor/dentist office | Permitted | Not Permitted |
| Florist | Permitted | Not Permitted |
| Funeral home | Permitted | Not Permitted |
| Gift and jewelry | Permitted | Not Permitted |
| General and professional offices | Permitted | Not Permitted |
| Grocery stores | Permitted | Not Permitted |
| Hardware store | Permitted | Not Permitted |
| Health club (spa, gym, tennis club) | Permitted | Not Permitted |
| Hobby/craft store | Permitted | Not Permitted |
| Interior decorating | Permitted | Not Permitted |
| Locksmith | Permitted | Not Permitted |
| Musical instruments, records, tapes | Permitted | Not Permitted |
| Newsstand | Permitted | Not Permitted |
| Pet shop | Permitted | Not Permitted |
| Pharmacy | Permitted | Not Permitted |
| Photo/film exchange and supplies | Permitted | Not Permitted |
| Restaurant | Permitted | Not Permitted |
| Retail stores | Permitted | Not Permitted |
| Secondhand stores | Permitted | Not Permitted |
| Shoe repair | Permitted | Not Permitted |
| Small appliance sales, repair | Permitted | Not Permitted |
| Tobacco sales | Permitted | Not Permitted |
| Video sales/rentals | Permitted | Not Permitted |
| Animal hospital, clinic | Permitted | Not Permitted |
| Auditorium/theater/assembly hall | Permitted | Not Permitted |
| Auto service station | Permitted | Not Permitted |
| Mini self storage [wholly enclosed units, maximum four hundred (400) square feet per unit, no outdoor storage] | Permitted | Not Permitted |
| Private commercial recreation/amusement (billiards, bowling alley, miniature golf, etc.) | Permitted | Not Permitted |
| Art supplies | Permitted | Not Permitted |
| Auto, trailer sales and service | Not Permitted | Not Permitted |
| Boat sales and service | Not Permitted | Not Permitted |
| Building materials (screened storage only) | Not Permitted | Not Permitted |
| Business/trade schools | Permitted | Not Permitted |
| Car wash | Permitted | Not Permitted |
| Department stores | Permitted | Not Permitted |
| Discount stores | Permitted | Not Permitted |
| Feed stores | Permitted | Not Permitted |
| Frozen food locker | Not Permitted | Not Permitted |
| Furniture and appliance stores | Permitted | Not Permitted |
| Garden and landscape center | Permitted | Not Permitted |
| General contractor (screened equipment storage) | Not Permitted | Not Permitted |
| Hardware store | Permitted | Not Permitted |
| Home improvement stores | Permitted | Not Permitted |
| Machinery and tool sales, service, rental | Not Permitted | Not Permitted |
| Medical or dental clinics and laboratories | Permitted | Not Permitted |
| Motel, hotel | Permitted | Not Permitted |
| Passenger terminals | Conditional | Not Permitted |
| Pawn shops | Permitted | Not Permitted |
| Plumbing and electrical supplies (screened storage only) | Not Permitted | Not Permitted |
| Printing and publishing | Conditional | Not Permitted |
| Sign printing | Conditional | Not Permitted |
| Taxidermist | Conditional | Not Permitted |
| Upholstery | Conditional | Not Permitted |
| Golf driving range | Permitted | Not Permitted |
| Wholesale and storage, if wholly contained within structures | Conditional | Not Permitted |
iii. Miscellaneous#
| Use | Mixed Use | Open Space |
|---|---|---|
| Parks and playgrounds | Permitted | Permitted |
| Public recreation (swimming pool, tennis courts, community center, etc.) | Permitted | Permitted |
| Pathways and trails | Permitted | Permitted |
| Conserved land for natural/open space | Permitted | Permitted |
| Roadways and other rights-of-way | Permitted | Permitted |
| Stormwater management and other environmental protection installations | Permitted | Permitted |
| Public spaces such as plazas, squares, and Commons | Permitted | Permitted |
| Community/public services, including fire and rescue stations, police stations, hospitals and mental clinics | Conditional | Not Permitted |
| Churches, parish houses and Sunday schools | Permitted | Not Permitted |
| Family day homes | Permitted | Not Permitted |
| Public schools | Conditional | Not Permitted |
| Kindergartens and day nurseries | Permitted | Not Permitted |
| Institutional homes and health care facilities subject to certification by the Commonwealth of Virginia and excluding those of a correctional nature or uses where involuntary detention is intended | Conditional | Not Permitted |
| Golf courses, except driving tees and miniature courses | Not Permitted | Not Permitted |
| Cemeteries | Not Permitted | Not Permitted |
| Private nonprofit clubs | Permitted | Not Permitted |
| Libraries, museums and art galleries | Permitted | Not Permitted |
| Public utilities | Conditional | Conditional |
| Residential Professional | Conditional | Not Permitted |
| Nursing and convalescent homes | Permitted | Not Permitted |
| Common recreation uses and structures, provided that such uses are owned, maintained |
Use Table — HI Zoning District (Continued)#
| Use | HI | PUD |
|---|---|---|
| Dedicated to such use for the express use of the residents or the general public | Conditional | Conditional |
| Private schools | Conditional | Not Permitted |
| Agriculture | Conditional | Not Permitted |
| Assembly of appliances, instruments, devices, radios, machine parts and office machines. Also the manufacture of small parts, such as coils, condensers, transformers, etc. | Not Permitted | Not Permitted |
| Automobile repair, painting, upholstery, dismantling, assembly | Not Permitted | Not Permitted |
| Contractor's equipment storage yards, lumberyards, building materials and plumbing supply storage, all subject to screening and landscaping | Not Permitted | Not Permitted |
| Data processing and computing, secure messaging services and customer support | Conditional | Not Permitted |
| Dry cleaners and laundries | Conditional | Not Permitted |
| Fabrication of metal products, such as bicycles, toys, jewelry, furniture, instruments, but excluding sheet metal products | Not Permitted | Not Permitted |
| Fabrication of wood products such as cabinetry, furniture, toys, boats and woodworking | Not Permitted | Not Permitted |
| Indoor sports facility | Conditional | Not Permitted |
| Manufacture, assembly and processing of products from previously prepared materials including: electrical and electronic components and equipment; musical, scientific, medical, dental and photographic equipment; pharmaceutical, cosmetics, toiletries; frozen foods, beverages, confections, horticultural products; clothing and textiles | Not Permitted | Not Permitted |
| Manufacture of pottery and clay or ceramic products using only previously pulverized clay and kilns fired by electricity or natural gas | Not Permitted | Not Permitted |
| Parking structures | Conditional | Not Permitted |
| Public utility generation facilities | Not Permitted | Not Permitted |
| Radio and television studios and broadcasting facilities | Conditional | Not Permitted |
| Research and development activities, including laboratories, testing, prototype manufacture, experimental work and related operations | Conditional | Not Permitted |
| Welding and machine shops, excluding punch presses exceeding 40-ton rated capacity | Not Permitted | Not Permitted |
| Wholesale and warehouse operations | Not Permitted | Not Permitted |
| Airports | Not Permitted | Not Permitted |
| Debris, landfill and transfer stations, subject to screening and acceptable soil conditions, state permitting, annual inspection and restriction on any burning. Adequate buffer and demonstration of compatibility with adjacent uses without nuisance is required prior to special permit approval; recycling centers | Not Permitted | Not Permitted |
| Processing of extracted minerals and resources and related wholesale operations subject to the screening and landscaping of any outdoor stockpile and storage | Not Permitted | Not Permitted |
| Outdoor storage subject to screening and landscaping. Storage of explosive or hazardous materials incidental to production or use | Not Permitted | Not Permitted |
| Truck terminal, transfer and dispatch | Not Permitted | Not Permitted |
| Amphitheaters, amusement parks, arenas, auditoriums, fairgrounds, race tracks, stadiums or similar public gathering facilities mainly intended for recreational uses. Ancillary and related uses such as associated offices, equipment testing facilities, assembly, food services and the like are also permitted | Conditional | Not Permitted |
| Additional heavy and high intensity commercial and industrial uses deemed by the Zoning Administrator to be similar in nature to other permitted uses in the HI zoning district | Not Permitted | Not Permitted |
iv. Other/Unlisted Uses#
- As in Article 14 of the Zoning Ordinance, uses not listed shall be reviewed by the Zoning Administrator to determine whether the use(s) in question would be allowed as a permitted or conditional use, or if would be considered prohibited.§
c. At least 50% of the PUD area is to be Open Space.§#
d. The PUD may deviate from 8B-3.2(c) by qualifying for the following incentives:#
| Category | Incentive | Associated Reduction in Open Space Minimum |
|---|---|---|
| Vegetated Riparian Buffers Along All Existing Natural Water Features and Wetlands | 50 ft Buffers (Grass/Forest) | 2.5% |
| 100 ft Buffers (Grass/Forest) or there are no natural water features and wetlands present | 5% | |
| Nutrient Credits | At most 10% of the nutrient reduction quota is met through the purchasing of nutrient credits | 5% |
| No nutrient credits are used in the development | 10% | |
| Parking Structures | Have at least 15% of the code required off-street parking spaces located in parking structures | 5% |
| Solar Canopies | Have at least 15% of the code required off-street parking spaces placed under solar canopies that generate electricity | 5% |
e. The allowed gross densities are as follows:#
| Mixed-Use | Maximum Dwelling Units Per Acre (Gross Density) |
|---|---|
| 12 |
f. There shall be no minimum lot size.§#
g. There shall be a maximum lot coverage of:#
- i. 35% for residential developments.
- ii. 60% for mixed-use structures and non-residential developments.§
h. The PUD may deviate from 8B-3.2(e), and 8B-3.2(g.i) by qualifying for the following incentive:#
| Housing Type Variety | Incentive |
|---|---|
| 25% of all dwelling units are in duplexes, cottage courts, multifamily (3+)(not counting townhouses), and/or mixed-use configurations | Maximum Dwelling Units Per Acre (Gross Density) for the proposed district increases from 12 units per acre to 16 units per acre and an increase of the residential maximum lot coverage from 35% to 50% |
i. There shall be no minimum lot widths.§#
j. The maximum height of any structure shall be forty-five (45) feet.§#
k. The allowed minimum lot setbacks in each category are as follows:#
| Lot Setbacks | Mixed-Use |
|---|---|
| Front | 20 feet |
| Sides | 15 feet (only end lots if attached) |
| Rear | 20 feet |
| Accessory Structures | 5 feet |
l. Lots with multiple principal structures are allowed. The above lot regulations are for the overall lot, and not for each structure.#
- i. Whenever there is more than one (1) detached principal structure on a lot, a side yard shall be provided of fifteen (15) feet or more between structures measured from the nearest building walls (excluding porches, balconies, stairs and eaves).§
m. Live-work structures, and other mixed-use structures that include residential uses, shall have no residential units on the first floor.§#
3. Circulation and Connectivity#
The PUD shall be in accordance with Article 10 of this Zoning Ordinance, as well as abide by the following:
a. Street designs should promote connectivity and support other multimodal transportation options through the provision of:#
- i. Sidewalks on both sides of the street.
- ii. Intersections that use traffic calming measures to enhance the safety of pedestrians and bicyclists, such as, but not limited to:
- Corner Extensions/Bulb-Outs;
- Raised Intersections;
- Road Diets;
- Roundabouts;
- Speed Tables.
- iii. Protected/buffered bicycle lanes if they are to be located on the street.
- iv. Street trees and other vegetation to provide buffering, shading/cooling, and aesthetic value.
b. Provide shared-use paths, trails, and/or protected bicycle lanes throughout the PUD that provide connectivity and recreation opportunities. These may be a part of the road network with proper protection, or as separate paths/trails.#
c. Installation of bicycle storage, such as bike racks throughout the development.#
d. Roundabouts are encouraged over signed or signalized intersections at key intersections in the PUD.#
e. Cul-de-sacs and dead-end roads are discouraged and should be kept to a minimum.#
- i. Stub outs to neighboring parcels that will develop in the future are, however, encouraged under the assumption of future connection.
- ii. Where there are cul-de-sacs and dead-end roads, there should be bicycle and/or pedestrian connections to nearby streets for connectivity.
f. It is encouraged that there are multiple vehicular access points into the entire PUD.#
g. Where feasible/suitable, have at least one multimodal connection to the Town of Culpeper if adjacent the Town border.#
h. Shall connect to nearby existing multimodal facilities, such as sidewalks and shared-use paths, where feasible.#
i. Provision for connection to public transportation systems.#
4. Parking#
a. Parking requirements shall be in accordance with Article 10 of this Zoning Ordinance for individual or cumulative uses.§ All parking areas for more than ten percent (10%) of vehicles shall include five percent (5%) green space landscaped to break up the continuity of impervious surface.§#
b. While not required, the provision of parking spaces for the general public and/or visitors to the development is encouraged.#
5. Public Facilities#
Residential development shall be supported by public facilities in the general vicinity of or within the PUD, such as active recreation areas, green spaces, library sites, fire station sites, commuter parking and school sites.§ Other public facilities or sites for such facilities may be required to be included in the PUD where there is a need for such.
6. Open Space Maintenance#
All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance.§
7. Utilities#
The PUD shall be connected to public water and sewer.§
8. Utility Lines#
All common utility lines shall be placed underground and utilize common easements wherever possible.§
9. Signage#
Signage shall be in accordance with the provisions of Article 11 of this Zoning Ordinance, subject to the following modifications:
a. All free-standing signs shall be of monument design and no greater than five (5) feet in height and shall be sited to avoid obscuring entry or egress sight distance.§#
b. Locational advertising signs are prohibited.§#
c. A coordinated, unified sign plan shall be utilized for direction and information signage in the entire PUD and advertising signs in each area.§#
10. Outdoor Lighting#
Outdoor lighting requirements shall be in accordance with Article 32 of this Zoning Ordinance. Outdoor lighting for structures and parking areas shall use "upwash" or low-level illumination techniques and be coordinated with site development features. All lighting shall be hooded or directed to avoid glare and the spread of unrestricted light on adjacent property and roadways.§
8B-4-17 Uses subject to zoning district provisions#
Except as otherwise specified in this Article, proposed uses within a PUD shall be subject to the provisions set forth in the zoning districts within this Zoning Ordinance (i.e., Article 3 through Article 7.1B).§
(Ord. of 8-3-1993)
8B-4-18 Private roads#
Roads within a PUD may be private. However, they must be constructed to the current standards of the Virginia Department of Transportation as outlined in Article VII of the Subdivision Ordinance.§
(Ord. of 8-3-1993)
(Ord. of 9-3-2024, Att.)
Editor's note — Amendment of 8-3-1993 added §§ 8-B-4-17 and 8B-4-18 to clarify the role of the various zoning district regulations in PUD developments and which allow for private roads in PUD developments.
8B-4. Permits and Approvals#
8B-6-1 Review process#
Following approval of the PUD development plan, the review process prescribed by this zoning ordinance shall be completed and satisfied prior to issuance of a building permit. Generally, the subdivision and/or site plan process and requirements will be utilized to fulfill this ordinance. In addition, the exemptions or provisions below will supplement those processes.
8B-6-1.1 To promote a community character within the PUD, a landscaping plan shall accompany each site plan to maximize the visual effects of those green spaces that are seen from existing public roads.§#
- a. All service, loading, storage and trash areas shall be fully screened from view from public streets and from adjacent properties.§
- b. Parking areas for more than ten (10) vehicles shall be screened or buffered from view from existing public street by berms, landscaping, fences or walls.§
8B-6-1.2 Primary access to the internal PUD road network shall be provided from those roads with the greatest available capacity to accommodate project traffic.§#
8B-6-1.3 Commercial and industrial buildings shall be so grouped in relation to parking areas that persons arriving by automobile may easily access buildings with a minimum of internal automotive movement on the site.§#
8B-6-1.4 Areas where deliveries are to be made or where services are to be provided to vehicles shall be so located and arranged as to prevent interference with pedestrian traffic within the center.§#
8B-6-1.5 Natural open space areas shall accentuate and complement the visual and physical impacts of structures and be used to buffer and define neighborhoods.§#
8B-6-1.6 The plan shall provide a level, scale and location of support services which, taken as a whole, are reasonably sufficient to service the activity areas of the plan.§#
8B-6-1.7 The plan shall minimize natural site disturbance by respecting natural topography and features in determining building design and location.§#
8B-6-1.8 Sketch plans are not required for subdivision review of PUD sections.§#
8B-6-1.9 Uses requiring a special permit will be processed in accordance with Article 17 of this ordinance.§#
(Ord. of 9-3-2024, Att.)
8B-5. Variations from Approved PUD Development Plan#
8B-7-1 Minor variations#
Minor variations (as defined in section 8B-4 of this Article) in site plans and subdivision plats from the approved PUD development plan may be permitted by the zoning administrator upon written findings that such variations are generally in keeping with the spirit and concept of the approved PUD development plan, in accordance with conditions or modifications required by the Board in its approval and in accordance with the regulations currently then in effect.
8B-7-2 Amendments#
Amendments to the PUD development plan may be made through the zoning map amendment process as set forth in this ordinance and excluding minor changes as identified in section 8B-4 of this Article.§
(Ord. of 9-3-2024, Att.)
ARTICLE 1 — DISTRICTS#
ARTICLE 2 — DEFINITIONS AND MEASUREMENTS#
ARTICLE 3 — AGRICULTURAL DISTRICT A-1#
ARTICLE 4 — RURAL AREA DISTRICT RA#
ARTICLE 4A — RURAL RESIDENTIAL DISTRICT RR#
ARTICLE 5 — RESIDENTIAL DISTRICT R-1#
ARTICLE 5A — RESIDENTIAL DISTRICT R-2#
ARTICLE 5B — RESIDENTIAL DISTRICT R-3#
ARTICLE 5C — RESIDENTIAL DISTRICT R-4#
ARTICLE 5D#
RESIDENTIAL MOBILE HOME PARKS DISTRICT RMH#
ARTICLE 6#
RESERVED#
ARTICLE 6A#
RESERVED#
ARTICLE 6.1#
RESERVED#
ARTICLE 6.1A#
CONVENIENCE CENTER DISTRICT C-C11#
ARTICLE 6.1B#
VILLAGE CENTER COMMERCIAL DISTRICT VC12#
ARTICLE 6.1C#
COMMERCIAL SERVICES DISTRICT CS13#
ARTICLE 6.1D#
RESERVED#
ARTICLE 6.1E#
RESERVED#
ARTICLE 7#
RESERVED#
ARTICLE 7.1#
RESERVED#
ARTICLE 7.1A#
LIGHT INDUSTRY-INDUSTRIAL PARK DISTRICT LI14#
ARTICLE 7.1B#
INDUSTRIAL DISTRICT HI15#
ARTICLE 8#
RESERVED#
ARTICLE 8A#
FLOODPLAIN OVERLAY DISTRICT FP16#
ARTICLE 8B#
PLANNED UNIT DEVELOPMENT DISTRICT PUD17#
Footnotes: --- (17) ---
Editor's note—Ord. of 9-3-2024, Att., adopted September 3, 2024, repealed the former Art. 8B, §§ 8B-1—8B-7, and enacted a new Art. 8B as set out herein. The former Art. 8B pertained to similar subject matter and derived from Ord. of 12-3-1991, §§ 8B-1—8B-7, adopted December 3, 1991; Ord. of 8-3-1993, adopted August 3, 1993; Ord. of 1-4-2011, adopted January 4, 2011.
8B-1. Statement of intent.#
This district is intended to accommodate the development of sizable and/or contiguous tracts of land, while providing design flexibility and incentives for the creation of a more desirable, coordinated living environment than would be possible under the strict application of traditional zoning. The regulations of this district are intended to recognize that changing community and land use trends have created a need for a consolidated zoning district which promotes an integrated planned community within which commercial, office, residential, recreation and a variety of uses are conveniently linked.
The objectives of the PUD District are generally:
-
To achieve the goals set forth in the Comprehensive Plan, including: a. Encouraging growth in identified areas at the appropriate scale. b. Supporting diverse housing options. c. Spurring economic development. d. Planning the provision of adequate services and public facilities, as well as the reasonable phasing of County infrastructure as identified in the Comprehensive Plan and/or scheduled in the Capital Improvement Program.
-
To promote dense, connective, and harmonious development in the County through allowing a compatible mix of commercial, office, residential and recreational components within the same coordinated zoning district, especially in identified "Future Growth Areas" and within the Urban Services Boundary, as outlined in the Comprehensive Plan.
-
To encourage and achieve a wide variety of high-quality residential development that provide housing which meets the varied needs of the County's population regarding location, affordability, quality, connectivity, and public services, and other aspects that are in concert with the recommendations of the Comprehensive Plan.
-
To promote an orderly transition of land from rural to urban development.
-
To reduce commuter demand on highways and roads by linking residential housing, recreational amenities, workplaces, and other community functions within the same development, as well as through the provision of multimodal facilities, such as, but not limited to, sidewalks & crosswalks, bike lanes & trails, facilities/space for public transportation, shared-use paths, and commuter lots, to enhance connectivity and mobility.
-
To provide flexibility regarding site development in a manner which promotes the economic and efficient development of land use; provides improved public amenities; encourages appropriate and harmonious development; encourages creative design which is sensitive to the environment; and which preserves and enhances specific historic sites and buildings; and promotes the conservation of unique natural features of the site as it relates to slope, size, shape, geology and other aspects of the land.
(Ord. of 9-3-2024, Att.)
8B-2. Application and procedures.#
- Concept Plan.
Any application for a PUD must be preceded by a concept plan at least ninety (90) days prior to any formal submission or consideration by the Planning Commission. The concept plan shall be submitted to the zoning administrator for consultation and discussion and shall include the location and components of the PUD; describe use areas, circulation and anticipated open space; and identify any unique design or natural features and the relationship of the proposal with surrounding area public facilities. The zoning administrator may consult with the Planning Commission and area agencies as appropriate. Although no formal action is required, an application will not be accepted until a concept plan has been submitted and reviewed [maximum ninety (90) days].
- Development Plan.
A PUD development plan shall be submitted with any application for rezoning to a PUD. The development plan shall consist of a drawing or drawings at an appropriate scale and accompanying text which describes the proposed general layout of land uses and the general location of structures and improvements; an access and circulation plan; general public utility plan; general storm drainage plan; and a plan showing the location of recreational areas, open space, parks and other community/public uses.
The PUD development plan application shall provide the following information and materials and any other relevant data which may be used to evaluate the project:
a. A map of the entire site to be rezoned, including the name and address of the owner and the developer and the legal boundaries at a scale of not greater than one (1) inch to six hundred (600) feet.
b. A narrative of the planning purposes to be achieved by the proposed PUD, including how the uses meet the intent of this section, an assessment of the proposal's relations to the Comprehensive Plan and the objectives of this Article, and major elements, principal site features used to accentuate the scheme and environmental components integrated into the plan. The lack of such justification requires that the Comprehensive Plan be formally amended to assess the PUD in relation to long-range County needs and demonstrate coordination with future land use plans.
c. An analysis of existing conditions with supporting maps [of at least one (1) inch to six hundred (600) feet] which show: i. Existing structures and uses. ii. Existing public facilities and services, including rights-of-way and easements. iii. Identification of existing zoning on-site and within five hundred (500) feet of the project's boundaries. iv. Principal natural features. v. A site analysis to include the location and description of significant historic landmarks or sites contained on any state or federal register and County records, cemeteries, vegetation, topography [five-(5) foot contours], hydrology, soil types, airport noise zones (if applicable), flood plains, wetlands, stormwater drainage and significant manmade and cultural features.
d. A proposed land use plan will be drawn at a scale of one (1) inch equals two hundred (200) feet and identify: i. The size and location of proposed uses, as outlined in 8B-3.2, inclusive of estimated acreages and their approximate locations; total dwelling units by type and density; and estimated acreage, and type for each nonresidential area. ii. Proposed and existing road networks (width, rights-of-way, etc.). iii. Principal nonresidential structures (maximum square footage by type). iv. The general location and acreage of open space, recreation and common areas to be dedicated for community use or public purposes, if any, and their linkages or circulation system. v. A general landscape plan which focuses on the location and type of overall landscaping to be used (trees, plants and berming) within the project. vi. The proposed location of utilities and general drainage, and a plan of each. vii. A phasing plan for development and estimated schedule including public utility phasing. viii. The amount of off-street parking.
e. The applicant shall prepare a transportation study, which shall include at a minimum: i. An analysis and description of base existing conditions and traffic volumes for the external road network serving the site. ii. An analysis and description of projected conditions (both project life and twenty (20) year term) based on the proposed land uses within the project and traffic growth on adjacent highways. Trip generation rates for morning and evening peak hours of the project shall be prepared, by development and phase (if phased), as well as the internal/external trip distribution and intersection and capacity analysis. iii. The analysis will demonstrate the adequacy of the project's internal and external adjacent road network and identify off-site access or traffic control improvements generated exclusively by the traffic demands of the proposed project for each phase (if any) and at full development. iv. The analysis shall contain recommended internal and off-site road or transportation improvements to accommodate land use development and network growth for each phase and at full development.
f. An evaluation of the existing and anticipated market for proposed facilities and growth trends of the County, as well an analysis of projected impacts to the County, including: i. Demographic profile of proposed development (population, housing, school children and employment). ii. Housing types and range of costs for each area relative to the community. iii. Assessment of impact on community facilities, services, and taxes. 1. This includes but is not limited to public school capacity, the provision of police services, the provision of emergency services, and water and sewer capacity.
g. An environmental assessment of the total proposed development shall be provided and include: i. Erosion and stormwater runoff impact on water resources during and after the construction of the development. ii. Demand impact on public water and sewer capacities. iii. Mitigation plan(s) to address environmental impacts.
h. Any proposed covenants, deed restrictions and the organization for governance of any common land/facilities in the PUD. Such documents shall provide for required responsibilities for ownership and maintenance of open space and common facilities and enforcement of any covenant or deed provisions. These documents may be in draft and will be used for informational purposes. This requirement may be waived by the Planning Commission until subdivision or site plan applications are submitted.
- Subsequent Plans.
All subsequent plans (subdivisions, site plans) and permits in the PUD shall be in general accordance with the approved PUD development plan. The PUD development plan shall become the zoning map for the tract so designated and carry the same responsibilities, together with any conditions, as any conditional zoning under the County Code. The plan shall present a unified and organized arrangement of buildings, service areas, parking, landscaped recreation, open space and community facilities to provide for maximum comfort, convenience and quality of living environment.
- Procedures for Consideration.
The following shall be the procedures for consideration:
a. The zoning administrator shall review the application and refer copies to the appropriate agencies for recommendation and prepare a report for the Planning Commission within ninety (90) days of formal application of the development plan. The zoning administrator shall notify the Planning Commission of all applications received by the next regularly scheduled meeting.
b. The Commission shall proceed in general as for any other rezoning application, as required by this ordinance, and shall make a recommendation to the Board of Supervisors within four (4) months of its first consideration or as extended in writing by the applicant. They shall give special consideration to the following matters: i. The suitability of the tract for the type and intensity of the activities proposed in terms of the recommendation of the Comprehensive Plan, physical characteristics and its relation to Future Growth Areas, or if such a relationship cannot be demonstrated, an amendment to the Comprehensive Plan identifying the economic and social compatibility with long-range County development. ii. The reasonably foreseeable availability of adequate roads, utilities and public facilities to serve the tract at the ultimately proposed density or limits of development.
c. The Board shall proceed in general as provided for in other rezoning applications. The Board may approve the application as proposed; or approve with specific modifications of the development plan; or deny the application. Any covenants, governance documents and easement (if applicable) shall be recorded in the Culpeper County Circuit Court Clerk's office within sixty (60) days of approval of future subdivision and site plan applications.
- Procedures for PUD establishment and Amendment.
The following shall be the procedures for PUD establishment and amendment:
a. A PUD may be established by zoning map amendment in accordance with the Code of Virginia and the procedures of this ordinance as specifically modified hereby.
b. Changes in the development plan may be proposed by the applicant prior to the Board of Supervisors' public hearing. The Board of Supervisors may at its discretion consider the application as proposed or may return it to the Planning Commission for further review.
c. Land area may be added to an established PUD if it adjoins and is proposed to be made an integral part of the approved development. The procedures for any addition of land or substantial change in the development plan shall be the same as for an original application and all requirements shall apply except the minimum acreage requirements of this section. (Ord. of 12-3-1991, § 8B-2)
(Ord. of 9-3-2024, Att.)
8B-3. Development standards.#
The Future Growth Areas and the Urban Services Boundary, which are identified in the Comprehensive Plan, encourage the mixing of use and activities to represent the heart of neighborhood development. The PUD has been designed to enable the creation of this kind of development. Proposals for PUDs which are not located in these areas are heavily discouraged. Additionally, it is expected that the proposed uses and intensity are generally aligned with the intentions set forth in the Comprehensive Plan regarding use types and overall density.
- District Size.
The minimum district size shall be twenty (20) acres, whether on a single parcel or on multiple contiguous parcels.
- Uses and Lot Regulations.
Since the standards and goals of the PUD are different from the other districts in the Zoning Ordinance, the PUD shall utilize the following use categories instead of existing zoning designations and abide by the associated standards established throughout 8B-3. Development Standards.
a. The use categories are as follows: i. Mixed Use. 1. This category allows for a wide mix of residential, commercial, and other uses with a density that is conducive to a town atmosphere. ii. Open Space. 1. This category allows for the creation and preservation of natural landscapes, environmental protection, and recreation opportunities. Land dedicated to rights-of-way, roads, and stormwater management may be allowed in open space if it is related to the preservation and/or enjoyment of the conserved lands.
b. The following matrices illustrate the uses allowed in each category. Uses listed as conditional shall be considered as permitted during the initial rezoning to a PUD designation. Once the PUD is established, said uses shall require a conditional use permit if it is a separate application not associated with the rezoning.
i. Residential.
| Use | Mixed Use | Open Space |
|---|---|---|
| Detached Single-Family Dwellings, Modular Homes, and Manufactured Homes | Permitted | Not Permitted |
| Zero Lot Line Detached Single-Family Dwellings (may be modular) | Permitted | Not Permitted |
| Semi-Detached/Duplex | Permitted | Not Permitted |
| Cottage Court/Bungalow Court/Tiny Home Community developments of only Detached Single-Family Dwellings (may be modular)(can be in a condominium format) | Permitted | Not Permitted |
| Zero Lot Line Attached and Townhouse (may be modular) | Permitted | Not Permitted |
| Multifamily (3+) | Permitted | Not Permitted |
| Live-Work/Mixed Use (see commercial matrix for allowed commercial uses) (may be attached) | Permitted | Not Permitted |
| Manufactured Home Communities | Permitted | Not Permitted |
ii. Commercial/Office.
| Use | Mixed Use | Open Space |
|---|---|---|
| Antique shop | Permitted | Not Permitted |
| Beauty/barber shop | Permitted | Not Permitted |
| Convenience or general store | Permitted | Not Permitted |
| Delicatessen | Permitted | Not Permitted |
| Gasoline station (sales only, automotive repair prohibited) | Permitted | Not Permitted |
| Laundromat and dry cleaning pick-up station | Permitted | Not Permitted |
| Music instruction, conservatory | Permitted | Not Permitted |
| Post office | Permitted | Not Permitted |
| Real estate office | Permitted | Not Permitted |
| Religious institutions | Permitted | Not Permitted |
| Tailor and dressmaker/seamstress | Permitted | Not Permitted |
| Medical, professional and general offices | Permitted | Not Permitted |
| Apparel/clothing | Permitted | Not Permitted |
| Auto supplies | Permitted | Not Permitted |
| Bakery and confectionery | Permitted | Not Permitted |
| Banks and lending institutions | Permitted | Not Permitted |
| Bed and breakfast | Conditional | Not Permitted |
| Blueprinting and copying | Permitted | Not Permitted |
| Book store | Permitted | Not Permitted |
| Cabinet and furniture repair | Permitted | Not Permitted |
| Catalogue sales | Permitted | Not Permitted |
| Catering establishment | Permitted | Not Permitted |
| Clothing store | Permitted | Not Permitted |
| Dance studio | Permitted | Not Permitted |
| Doctor/dentist office | Permitted | Not Permitted |
| Florist | Permitted | Not Permitted |
| Funeral home | Permitted | Not Permitted |
| Gift and jewelry | Permitted | Not Permitted |
| General and professional offices | Permitted | Not Permitted |
| Grocery stores | Permitted | Not Permitted |
| Hardware store | Permitted | Not Permitted |
| Health club (spa, gym, tennis club) | Permitted | Not Permitted |
| Hobby/craft store | Permitted | Not Permitted |
| Interior decorating | Permitted | Not Permitted |
| Locksmith | Permitted | Not Permitted |
| Musical instruments, records, tapes | Permitted | Not Permitted |
| Newsstand | Permitted | Not Permitted |
| Pet shop | Permitted | Not Permitted |
| Pharmacy | Permitted | Not Permitted |
| Photo/film exchange and supplies | Permitted | Not Permitted |
| Restaurant | Permitted | Not Permitted |
| Retail stores | Permitted | Not Permitted |
| Secondhand stores | Permitted | Not Permitted |
| Shoe repair | Permitted | Not Permitted |
| Small appliance sales, repair | Permitted | Not Permitted |
| Tobacco sales | Permitted | Not Permitted |
| Video sales/rentals | Permitted | Not Permitted |
| Animal hospital, clinic | Permitted | Not Permitted |
| Auditorium/theater/assembly hall | Permitted | Not Permitted |
| Auto service station | Permitted | Not Permitted |
| Mini self storage [wholly enclosed units, maximum four hundred (400) square feet per unit, no outdoor storage] | Permitted | Not Permitted |
| Private commercial recreation/amusement (billiards, bowling alley, miniature golf, etc.) | Permitted | Not Permitted |
| Art supplies | Permitted | Not Permitted |
| Auto, trailer sales and service | Not Permitted | Not Permitted |
| Boat sales and service | Not Permitted | Not Permitted |
| Building materials (screened storage only) | Not Permitted | Not Permitted |
| Business/trade schools | Permitted | Not Permitted |
| Car wash | Permitted | Not Permitted |
| Department stores | Permitted | Not Permitted |
| Discount stores | Permitted | Not Permitted |
| Feed stores | Permitted | Not Permitted |
| Frozen food locker | Not Permitted | Not Permitted |
| Furniture and appliance stores | Permitted | Not Permitted |
| Garden and landscape center | Permitted | Not Permitted |
| General contractor (screened equipment storage) | Not Permitted | Not Permitted |
| Hardware store | Permitted | Not Permitted |
| Home improvement stores | Permitted | Not Permitted |
| Machinery and tool sales, service, rental | Not Permitted | Not Permitted |
| Medical or dental clinics and laboratories | Permitted | Not Permitted |
| Motel, hotel | Permitted | Not Permitted |
| Passenger terminals | Conditional | Not Permitted |
| Pawn shops | Permitted | Not Permitted |
| Plumbing and electrical supplies (screened storage only) | Not Permitted | Not Permitted |
| Printing and publishing | Conditional | Not Permitted |
| Sign printing | Conditional | Not Permitted |
| Taxidermist | Conditional | Not Permitted |
| Upholstery | Conditional | Not Permitted |
| Golf driving range | Permitted | Not Permitted |
| Wholesale and storage, if wholly contained within structures | Conditional | Not Permitted |
iii. Miscellaneous.
| Use | Mixed Use | Open Space |
|---|---|---|
| Parks and playgrounds | Permitted | Permitted |
| Public recreation (swimming pool, tennis courts, community center, etc.) | Permitted | Permitted |
| Pathways and trails | Permitted | Permitted |
| Conserved land for natural/open space | Permitted | Permitted |
| Roadways and other rights-of-way | Permitted | Permitted |
| Stormwater management and other environmental protection installations | Permitted | Permitted |
| Public spaces such as plazas, squares, and Commons | Permitted | Permitted |
| Community/public services, including fire and rescue stations, police stations, hospitals and mental clinics | Conditional | Not Permitted |
| Churches, parish houses and Sunday schools | Permitted | Not Permitted |
| Family day homes | Permitted | Not Permitted |
| Public schools | Conditional | Not Permitted |
| Kindergartens and day nurseries | Permitted | Not Permitted |
| Institutional homes and health care facilities subject to certification by the Commonwealth of Virginia and excluding those of a correctional nature or uses where involuntary detention is intended | Conditional | Not Permitted |
| Golf courses, except driving tees and miniature courses | Not Permitted | Not Permitted |
| Cemeteries | Not Permitted | Not Permitted |
| Private nonprofit clubs | Permitted | Not Permitted |
| Libraries, museums and art galleries | Permitted | Not Permitted |
| Public utilities | Conditional | Conditional |
| Residential Professional | Conditional | Not Permitted |
| Nursing and convalescent homes | Permitted | Not Permitted |
| Common recreation uses and structures, provided that such uses are owned, maintained and dedicated to such use for the express use of the residents or the general public | Conditional | Conditional |
| Private schools | Conditional | Not Permitted |
| Agriculture | Conditional | Not Permitted |
| Assembly of appliances, instruments, devices, radios, machine parts and office machines. Also the manufacture of small parts, such as coils, condensers, transformers, etc. | Not Permitted | Not Permitted |
8B-4. Permits and approvals.#
8B-5. Variations from approved PUD development plan.#
ARTICLE 8C#
WATERSHED MANAGEMENT DISTRICT WMD#
ARTICLE 8D#
AIRPORT SAFETY19#
ARTICLE 8E#
AGRICULTURAL AND FORESTAL DISTRICTS#
ARTICLE 8F#
PLANNED BUSINESS DEVELOPMENT DISTRICT PBD#
ARTICLE 9#
SPECIAL PROVISIONS#
ARTICLE 10#
ACCESS, CIRCULATION, PARKING AND LOADING21#
ARTICLE 11#
SIGNS22#
ARTICLE 12#
NONCONFORMING BUILDINGS, STRUCTURES, AND USES23#
ARTICLE 13#
ADMINISTRATION#
ARTICLE 14#
INTERPRETATION#
ARTICLE 15#
BUILDING PERMITS#
ARTICLE 16#
CERTIFICATES OF OCCUPANCY#
ARTICLE 17#
USE PERMITS#
ARTICLE 18#
BOARD OF ZONING APPEALS; VARIANCES AND APPEALS#
ARTICLE 19#
SUBSTANDARD SUBDIVISIONS24#
ARTICLE 20#
SITE PLANS25#
ARTICLE 21#
TRUNK THOROUGHFARE SETBACKS AND FUTURE STREET LINES26#
ARTICLE 22#
AMENDMENTS#
ARTICLE 23#
VIOLATIONS AND PENALTIES27#
ARTICLE 24#
CONSTITUTIONALITY#
ARTICLE 25#
REPEAL OF CONFLICTING PROVISIONS#
ARTICLE 26#
EFFECTIVE DATE#
ARTICLE 27#
EXISTING STRUCTURES USE PERMIT#
ARTICLE 28#
MOBILE HOME USE PERMIT#
ARTICLE 29#
CONDITIONAL ZONING#
ARTICLE 30#
ENTRANCE CORRIDOR OVERLAY DISTRICT—EC29#
ARTICLE 30A#
ARCHITECTURAL REVIEW BOARD#
ARTICLE 31#
AGRICULTURAL ENTERPRISE USE PERMIT#
ARTICLE 32#
OUTDOOR LIGHTING STANDARDS#
ARTICLE 33#
LANDSCAPING AND SCREENING#
Culpeper County Unincorporated City Zoning Code
8B-4-16 Permitted Uses in the HI Zoning District#
Table of Uses#
| Use | HI Zoning District |
|---|---|
| Automobile repair, painting, upholstery, dismantling, assembly | Not Permitted |
| Contractor's equipment storage yards, lumberyards, building materials and plumbing supply storage, all subject to screening and landscaping | Not Permitted |
| Data processing and computing, secure messaging services and customer support | Conditional |
| Dry cleaners and laundries | Conditional |
| Fabrication of metal products, such as bicycles, toys, jewelry, furniture, instruments, but excluding sheet metal products | Not Permitted |
| Fabrication of wood products such as cabinetry, furniture, toys, boats and woodworking | Not Permitted |
| Indoor sports facility | Conditional |
| Manufacture, assembly and processing of products from previously prepared materials including: electrical and electronic components and equipment; musical, scientific, medical, dental and photographic equipment; pharmaceutical, cosmetics, toiletries; frozen foods, beverages, confections, horticultural products; clothing and textiles | Not Permitted |
| Manufacture of pottery and clay or ceramic products using only previously pulverized clay and kilns fired by electricity or natural gas | Not Permitted |
| Parking structures | Conditional |
| Public utility generation facilities | Not Permitted |
| Radio and television studios and broadcasting facilities | Conditional |
| Research and development activities, including laboratories, testing, prototype manufacture, experimental work and related operations | Conditional |
| Welding and machine shops, excluding punch presses exceeding 40-ton rated capacity | Not Permitted |
| Wholesale and warehouse operations | Not Permitted |
| Airports | Not Permitted |
| Debris, landfill and transfer stations, subject to screening and acceptable soil conditions, state permitting, annual inspection and restriction on any burning. Adequate buffer and demonstration of compatibility with adjacent uses without nuisance is required prior to special permit approval; recycling centers | Not Permitted |
| Processing of extracted minerals and resources and related wholesale operations subject to the screening and landscaping of any outdoor stockpile and storage | Not Permitted |
| Outdoor storage subject to screening and landscaping. Storage of explosive or hazardous materials incidental to production or use | Not Permitted |
| Truck terminal, transfer and dispatch | Not Permitted |
| Amphitheaters, amusement parks, arenas, auditoriums, fairgrounds, race tracks, stadiums or similar public gathering facilities mainly intended for recreational uses. Ancillary and related uses such as associated offices, equipment testing facilities, assembly, food services and the like are also permitted | Conditional |
| Additional heavy and high intensity commercial and industrial uses deemed by the Zoning Administrator to be similar in nature to other permitted uses in the HI zoning district | Not Permitted |
iv. Other/Unlisted Uses#
1.#
As in Article 14 of the Zoning Ordinance, uses not listed shall be reviewed by the Zoning Administrator to determine whether the use(s) in question would be allowed as a permitted or conditional use, or if would be considered prohibited.
c.#
At least 50% of the PUD area is to be Open Space.
d.#
The PUD may deviate from 8B-3.2(c) by qualifying for the following incentives:
| Category | Incentive | Associated/Reduction in Open Space Minimum |
|---|---|---|
| Vegetated Riparian Buffers Along All Existing Natural Water Features and Wetlands | 50 ft Buffers (Grass/Forest) | 2.5% |
| 100 ft Buffers (Grass/Forest) or there are no natural water features and wetlands present | 5% | |
| Nutrient Credits | At most 10% of the nutrient reduction quota is met through the purchasing of nutrient credits | 5% |
| No nutrient credits are used in the development | 10% | |
| Parking Structures | Have at least 15% of the code required off-street parking spaces located in parking structures | 5% |
| Solar Canopies | Have at least 15% of the code required off-street parking spaces placed under solar canopies that generate electricity | 5% |
e.#
The allowed gross densities are as follows:
| Mixed-Use | Maximum Dwelling Units Per Acre (Gross Density) |
|---|---|
| 12 |
f.#
There shall be no minimum lot size.
g.#
There shall be a maximum lot coverage of:
- i. 35% for residential developments.§
- ii. 60% for mixed-use structures and non-residential developments.§
h.#
The PUD may deviate from 8B-3.2(e), and 8B-3.2(g.i) by qualifying for the following incentive:
| Housing Type Variety | Incentive |
|---|---|
| 25% of all dwelling units are in duplexes, cottage courts, multifamily (3+)(not counting townhouses), and/or mixed-use configurations | Maximum Dwelling Units Per Acre (Gross Density) for the proposed district increases from 12 units per acre to 16 units per acre and an increase of the residential maximum lot coverage from 35% to 50% |
i.#
There shall be no minimum lot widths.
j.#
The maximum height of any structure shall be forty-five (45) feet.
k.#
The allowed minimum lot setbacks in each category are as follows:
| Lot Setbacks | Mixed-Use |
|---|---|
| Front | 20 feet |
| Sides | 15 feet (only end lots if attached) |
| Rear | 20 feet |
| Accessory Structures | 5 feet |
l.#
Lots with multiple principal structures are allowed. The above lot regulations are for the overall lot, and not for each structure.
- i. Whenever there is more than one (1) detached principal structure on a lot, a side yard shall be provided of fifteen (15) feet or more between structures measured from the nearest building walls§ (excluding porches, balconies, stairs and eaves).
m.#
Live-work structures, and other mixed-use structures that include residential uses, shall have no residential units on the first floor.
3. Circulation and Connectivity#
The PUD shall be in accordance with Article 10 of this Zoning Ordinance, as well as abide by the following:
a.#
Street designs should promote connectivity and support other multimodal transportation options through the provision of:
- i. Sidewalks on both sides of the street.
- ii. Intersections that use traffic calming measures to enhance the safety of pedestrians and bicyclists, such as, but not limited to:
- Corner Extensions/Bulb-Outs;
- Raised Intersections;
- Road Diets;
- Roundabouts;
- Speed Tables.
- iii. Protected/buffered bicycle lanes if they are to be located on the street.
- iv. Street trees and other vegetation to provide buffering, shading/cooling, and aesthetic value.
b.#
Provide shared-use paths, trails, and/or protected bicycle lanes throughout the PUD that provide connectivity and recreation opportunities. These may be a part of the road network with proper protection, or as separate paths/trails.
c.#
Installation of bicycle storage, such as bike racks throughout the development.
d.#
Roundabouts are encouraged over signed or signalized intersections at key intersections in the PUD.
e.#
Cul-de-sacs and dead-end roads are discouraged and should be kept to a minimum.
- i. Stub outs to neighboring parcels that will develop in the future are, however, encouraged under the assumption of future connection.
- ii. Where there are cul-de-sacs and dead-end roads, there should be bicycle and/or pedestrian connections to nearby streets for connectivity.
f.#
It is encouraged that there are multiple vehicular access points into the entire PUD.
g.#
Where feasible/suitable, have at least one multimodal connection to the Town of Culpeper if adjacent the Town border.
h.#
Shall connect to nearby existing multimodal facilities, such as sidewalks and shared-use paths, where feasible.
i.#
Provision for connection to public transportation systems.
4. Parking#
a.#
Parking requirements shall be in accordance with Article 10 of this Zoning Ordinance for individual or cumulative uses. All parking areas for more than ten percent (10%) of vehicles shall include five percent (5%) green space landscaped§ to break up the continuity of impervious surface.
b.#
While not required, the provision of parking spaces for the general public and/or visitors to the development is encouraged.
5. Public Facilities#
Residential development shall be supported by public facilities in the general vicinity of or within the PUD, such as active recreation areas, green spaces, library sites, fire station sites, commuter parking and school sites. Other public facilities or sites for such facilities may be required to be included in the PUD where there is a need for such.
6. Open Space Maintenance#
All common open space shall be protected by covenants and open space easements setting forth the provisions for its ownership and maintenance.
7. Utilities#
The PUD shall be connected to public water and sewer.
8. Utility Lines#
All common utility lines shall be placed underground and utilize common easements wherever possible.
9. Signage#
Signage shall be in accordance with the provisions of Article 11 of this Zoning Ordinance, subject to the following modifications:
a.#
All free-standing signs shall be of monument design and no greater than five (5) feet in height§ and shall be sited to avoid obscuring entry or egress sight distance.
b.#
Locational advertising signs are prohibited.
c.#
A coordinated, unified sign plan shall be utilized for direction and information signage in the entire PUD and advertising signs in each area.
10. Outdoor Lighting#
Outdoor lighting requirements shall be in accordance with Article 32 of this Zoning Ordinance. Outdoor lighting for structures and parking areas shall use "upwash" or low-level illumination techniques and be coordinated with site development features. All lighting shall be hooded or directed to avoid glare and the spread of unrestricted light on adjacent property and roadways.
8B-4-17 Uses subject to zoning district provisions#
Except as otherwise specified in this Article, proposed uses within a PUD shall be subject to the provisions set forth in the zoning districts within this Zoning Ordinance (i.e., Article 3 through Article 7.1B).
(Ord. of 8-3-1993)
8B-4-18 Private roads#
Roads within a PUD may be private. However, they must be constructed to the current standards of the Virginia Department of Transportation as outlined in Article VII of the Subdivision Ordinance.
(Ord. of 8-3-1993)
(Ord. of 9-3-2024, Att.)
Editor's note—Amendment of 8-3-1993 added §§ 8-B-4-17 and 8B-4-18 to clarify the role of the various zoning district regulations in PUD developments and which allow for private roads in PUD developments.
8B-4. Permits and approvals#
8B-6-1 Review process#
Following approval of the PUD development plan, the review process prescribed by this zoning ordinance shall be completed and satisfied prior to issuance of a building permit. Generally, the subdivision and/or site plan process and requirements will be utilized to fulfill this ordinance. In addition, the exemptions or provisions below will supplement those processes.
8B-6-1.1#
To promote a community character within the PUD, a landscaping plan shall accompany each site plan to maximize the visual effects of those green spaces that are seen from existing public roads.
a.#
All service, loading, storage and trash areas shall be fully screened from view from public streets and from adjacent properties.
b.#
Parking areas for more than ten (10) vehicles shall be screened or buffered from view from existing public street by berms, landscaping, fences or walls.
8B-6-1.2#
Primary access to the internal PUD road network shall be provided from those roads with the greatest available capacity to accommodate project traffic.
8B-6-1.3#
Commercial and industrial buildings shall be so grouped in relation to parking areas that persons arriving by automobile may easily access buildings with a minimum of internal automotive movement on the site.
8B-6-1.4#
Areas where deliveries are to be made or where services are to be provided to vehicles shall be so located and arranged as to prevent interference with pedestrian traffic within the center.
8B-6-1.5#
Natural open space areas shall accentuate and complement the visual and physical impacts of structures and be used to buffer and define neighborhoods.
8B-6-1.6#
The plan shall provide a level, scale and location of support services which, taken as a whole, are reasonably sufficient to service the activity areas of the plan.
8B-6-1.7#
The plan shall minimize natural site disturbance by respecting natural topography and features in determining building design and location.
8B-6-1.8#
Sketch plans are not required for subdivision review of PUD sections.
8B-6-1.9#
Uses requiring a special permit will be processed in accordance with Article 17 of this ordinance.
(Ord. of 9-3-2024, Att.)
8B-5. Variations from approved PUD development plan#
8B-7-1 Minor variations#
Minor variations (as defined in section 8B-4 of this Article) in site plans and subdivision plats from the approved PUD development plan may be permitted by the zoning administrator upon written findings that such variations are generally in keeping with the spirit and concept of the approved PUD development plan, in accordance with conditions or modifications required by the Board in its approval and in accordance with the regulations currently then in effect.
8B-7-2 Amendments#
Amendments to the PUD development plan may be made through the zoning map amendment process as set forth in this ordinance and excluding minor changes as identified in section 8B-4 of this Article.
(Ord. of 9-3-2024, Att.)