Sections 26-70 through 26-85
Dimensional standards
Uses
Permitted by right15
- single-family dwelling, detached
- single-family dwelling, attached
- multiple-family dwellings
- multiple-use structures
- utility facilities
- telecommunications towers (≤60 ft)
- assisted living facilities (≤8 persons)
- golf courses (accessory)
- recreation facilities (accessory)
- foster home
- family day home
- temporary family health care structures
- tier 1 battery energy storage systems
- solar energy facility, accessory, ground-mounted
- solar energy facility, accessory, roof-mounted
Conditional / special use5
- private clubs accessory to planned residential development
- public or governmental buildings and uses
- public utilities or public service uses
- churches, rectories, parish houses, convents, monasteries, temples, synagogues
- manufactured home communities
Accessory15
- domestic storage
- private garage
- garage in central parking areas
- home occupations in main building
- keeping of small animals
- storage of recreational vehicles
- temporary buildings for construction
- accessory off-street parking
- office or construction trailers
- telecommunications arrays on existing structures
- family day homes
- temporary family health care structures
- tier 1 battery energy storage systems
- solar energy facility, accessory, ground-mounted
- solar energy facility, accessory, roof-mounted
Prohibited1
Extracted standards
91 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Density
- Chesapeake Bay RPA density credit maximum percentage50 pct
no more than fifty (50) percent of the acreage determined to be in Chesapeake Bay Resource Protection Areas may be included
- Density calculation basis
Density calculations shall be based on the gross acreage for the district, provided that no more than fifty (50) percent of the acreage determined to be in Chesapeake Bay Resource Protection Areas may be included.
- Density rounding rule
Fractions of any units resulting from the density calculation shall be rounded down to the whole unit.
Height
- Max heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. storiesStoreysHabitable floor levels. Whether a basement or attic counts is defined by the local code. or feet
Structures not specifically exempted in section 26-248 shall not exceed a height of five (5) stories or sixty (60) feet, whichever is less.
Landscaping & trees
- ProhibitedProhibitedNot allowed in the district at all, short of rezoning or a variance. tree species
No Bradford pear, Norway maple, or female ginkgo trees may be used to comply with this standard.
- Street tree guarantee period1 years
Required street trees and all other landscaping required by this section shall be guaranteed by the developer or installer for a period of not less than one-year.
- Street tree minimum caliper2 in
At least one (1) tree, a minimum of two (2) inches in caliper when planted
- Street tree removal prohibition
Street trees shall not be removed during or after residences are constructed. Trees removed shall be replaced with a like species and in a size comparable to the original planting
- Street tree spacing50 ft
At least one (1) tree, a minimum of two (2) inches in caliper when planted, shall be provided for every fifty (50) feet of street length.
- Street tree species requirement3 species
Trees planted to comply with this standard shall comprise at least three (3) different species
Lighting
- Entrance lighting compliance requirement
Lights shall be designed and mounted in compliance with all applicable regulations of the state department of transportation.
- Entrance lighting location requirement
If the lighting cannot be constructed within the right-of-way, it shall be constructed within common area.
- Entrance lighting required
Entrance lighting for vehicles shall be provided on one (1) or both corners at all intersections of external thoroughfares and roads
Other
- AccessoryAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. housing unit special exception
Accessory housing unit in accordance with the standards of section 26-280.
- Active recreation percentage of common area25 pct
At least 25% of the required common area shall be improved with active recreation areas.
- Assisted living 4+ persons special exception
Assisted living facilities that house four or more persons, not including caregivers.
- Berm average heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first.3 ft
If a berm is to be utilized it shall be a landscaped sculpted, non-linear undulating landform with an average height of three (3) feet.
- Buffer active recreation credit maximum percentage25 pct
or more than twenty-five (25) percent of the active recreation area.
- Buffer common area credit maximum percentage50 pct
The buffer shall not be used to provide more than fifty (50) percent of the required common area
- Buffer lot prohibition
No buffer shall be located on an individual residential building lot.
- Buffer measurement basis
All buffers shall be measured from the ultimate right-of-way for the street or major thoroughfare upon which they are located.
- Children's residential facility special exception
Children's residential facilities.
- Common area accessibility requirement
The common area shall be directly accessible to the largest practicable number of lots within the district. Non-adjoining lots shall be provided with safe and convenient pedestrian access to neighborhood common area.
- Common area conveyance alternatives
The Board may approve conveyance of the common area any applicable easement to a qualifying nonprofit or governmental entity other than the owners' association or the county, upon a finding: 1. That such a conveyance will achieve purposes of open space or historic preservation consistent with the character of the RM District; 2. That the conveyance will be beneficial to the future owners within the district and to the public; and 3. That the purposes and resources of the entity and the proposed conveyance are consistent with the perpetual preservation of the common area and significant features.
- Common area credit maximum percentage25 pct
The portion of the common area to be used for credit shall not comprise more than 25% of the required common area within the RM district
- Common area credit restrictions
The common area, or portion thereof, to be used as credit is in excess of the requirements for the district in which it is located; The portion of the common area to be used for credit shall not contain Chesapeake Bay Resource Protection Areas or steep slopes; The portion of the common area to be used for credit shall be designed and located such that it is conveniently located and accessible to residents within the RM district; The portion of the Common Area to be used for credit shall be constructed or bonded prior to site plan or construction plan approval for the area in which the credit is to be utilized.
- Common area suitability requirement
The common areas shall be suitable for recreational uses, either active or passive, without interfering with adjacent dwelling units, parking, driveways, and roads.
- Conceptual plan required elements
The plan shall include the following information: a. The proposed title of the project and the names of the engineer, architect, designer, or landscape architect, and the owner and developer. b. The northpoint, scale, and date. c. Zoning and zoning district boundaries, both existing and proposed. d. Vicinity sketch. e. Designation of common area. f. Proposed lot lines. g. Topography. h. General location of proposed structures. i. Public and private roads and trails. j. Aquifer recharge areas. k. The location of ponds, streams, and natural drainage swales. l. Locations of all historic structures. m. Location and description of all proposed improvements. n. Typical landscaping plans. o. Details of the berms. p. Existing natural features. q. Where individual lots are not being created for each residential unit, site plan review shall be required.
- Conceptual plan requirement
The property shall be developed, and improvements including landscaping installed, in substantial conformity with a conceptual plan (the 'plan') approved by the Board as part of the approval of the district.
- Conceptual plan scale large
For proposed districts of one hundred (100) acres or more, the scale shall be not less than 1:400″
- Conceptual plan scale small
Plans for proposed districts of less than one hundred (100) acres shall be drawn to a scale of not less than 1:200″
- Conceptual plan topography interval2 ft
Topography, at an interval of two (2) feet.
- Conceptual plan vicinity scale
Vicinity sketch, at a scale no greater than 1:2000″.
- Corner lot setbackSetbackThe distance a building must be held back from a lot line. requirement
Corner lots shall provide the required front yard setback from all property lines contiguous with a road designed to state standards.
- Curb and gutter required
Curb and gutter shall be provided throughout the district.
- Extension of time director3 months
Following the initial term of the performance agreement, the director may grant one (1) three-month extension
- Extension of time planning commission
Any additional extension shall be approved by the Planning Commission.
- Front yardYardThe open space left between a building and its lot line — the space a setback creates. setbackSetbackThe distance a building must be held back from a lot line. from internal road15 ft
The minimum front yard setback for all structures shall be fifteen (15) feet from the internal roads designed to state standards.
- FrontageFrontageThe length of a lot line that touches a public street. on external highway prohibition
No dwelling shall have frontage on an existing external state-maintained highway.
- HeightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. exception special exception
Any structure, other than a telecommunication tower and related facilities, exceeding the maximum height limit, except those structures specified in section 26-248.
- HistoricHistoric districtAn area where exterior changes need design review to protect its character. feature preservation requirement
Historic features other than structures, when identified on the property, shall be incorporated into the common area and a preservation plan shall be provided for protection and maintenance of the features.
- Home occupationHome occupationA business run from a dwelling, permitted so long as it stays subordinate to living there. in accessoryAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. building special exception
Home occupations in an accessory building, except for home craft shops and retail sales businesses, in accordance with the standards of section 26-279.
- Home occupationHome occupationA business run from a dwelling, permitted so long as it stays subordinate to living there. retail prohibition
Home occupations in a main building, except for retail sales businesses
- Improvement completion deadline large subdivision36 months
In subdivisions or sections of subdivisions with fifty (50) lots or more, all zoning improvements must be completed within thirty-six (36) months of recordation of the subdivision plat.
- Improvement completion deadline small subdivision24 months
In subdivisions or sections of subdivisions with fewer than fifty (50) lots, all zoning improvements must be completed within twenty-four (24) months of recordation of the subdivision plat
- Improvement completion timing
The improvements identified in subsection (a) may be completed at any time at or after recordation of a subdivision (or section of a subdivision) and improvements on a particular lot shall be completed prior to the issuance of a certificate of occupancy for that lot.
- Improvement default consequences
Should the developer fail to complete the necessary improvements, (1) the subdivision or section of subdivision will be deemed to be in default of the zoning performance agreement and the county will undertake necessary efforts to enforce the zoning performance agreement, and (2) no additional building permits for the subdivision or section of subdivision shall be issued until such time as the required zoning improvements have been installed, inspected, and accepted by Hanover County.
- Improvement inspection schedule
Hanover County will perform inspections in accordance with the following schedule: (1) For subdivisions, or a section of a subdivision, that contain thirty (30) or more lots, prior to issuance of certificates of occupancy for eighty (80) percent of the lots within the subdivision or section; (2) For subdivisions, or a section of a subdivision, that contain fewer than thirty (30) lots but more than nine (9) lots, prior to issuance of certificates of occupancy for eighty (80) percent of the lots within the subdivision or section; and (3) For subdivisions, or a section of a subdivision, that contain nine (9) or fewer lots, prior to issuance of certificate of occupancy for the final lot within the subdivision or section.
- Improvement installation timing
The developer shall: (1) At its expense, install all required street buffers, street trees, pedestrian paths, street lights and related improvements identified on the approved plans prior to recordation of the section within which those improvements are to be constructed, or (2) At the time of recordation, enter into an agreement providing for the installation of the improvements and post surety in an amount sufficient to install the remaining improvements.
- MultifamilyMultifamily dwellingA building of four or more dwelling units. Where zoning is most restrictive. setbackSetbackThe distance a building must be held back from a lot line. from external highway50 ft
Multifamily dwellings: The minimum setback for all structures shall be fifty (50) feet from existing external state-maintained highways.
- MultifamilyMultifamily dwellingA building of four or more dwelling units. Where zoning is most restrictive. setbackSetbackThe distance a building must be held back from a lot line. from internal road25 ft
There shall be a twenty-five-foot setback from internal roads designed to state standards.
- Office/construction trailer maximum duration1 years
The location of office or construction trailers for a period not to exceed one (1) year.
- Open spaceOpen spaceLand a development must leave unbuilt, sometimes required to be usable or planted. easement requirement
Unless alternate arrangements are approved by the Board, prior to or contemporaneously with final subdivision approval for any property within an RM District, applicants shall record documents conveying open space easements applicable to the common area, to the county, with content approved by the county, requiring preservation of features so designated on the plan, requiring maintenance in perpetuity of the common area, prohibiting further division of those areas, and prohibiting any use not permitted by the Zoning Ordinance.
- Outdoor display special exception
Outdoor displays or promotional activities.
- Owners association requirement
Prior to or contemporaneous with final subdivision plat recordation for any property within an RM District, applicants shall record documents which create an owners' association, convey all common areas to the association at the time of recordation, require that the association maintain all common area and amenities, including recreation facilities, street lights, street trees, alleys, and pedestrian paths, with mandatory membership of all lot owners and authority for the association to assess fees and impose liens on members' property for the cost of maintenance of those areas
- Pedestrian path active recreation credit
Only the area of the path, and any associated exercise equipment or amenities such as picnic areas and playgrounds may be counted towards active recreation area.
- Pedestrian path common area landscaping requirement
Common area shall be landscaped between paths and lots, except where the path is located along a lot front.
- Pedestrian path connectivity requirement
Pedestrian paths shall be provided throughout the district, providing access to common area and designed to be extended into all adjoining residential and commercial developments.
- Pedestrian path curb separation4 ft
The path shall be separated from the back of the curb by a distance of no less than four (4) feet.
- Pedestrian path lot line separation5 ft
Paths may be located within the common area and placed no closer than five (5) feet to any side or rear lot line.
- Pedestrian path material requirement
The paths shall be constructed of permanent materials such as concrete, asphalt, brick, pavers, or other materials which are substantially similar
- Pedestrian path width4 ft
The paths shall be constructed of permanent materials... and shall be no less than four (4) feet in width.
- Private road setbackSetbackThe distance a building must be held back from a lot line. requirement
There shall be no minimum setback from any internal private road or drive aisle
- Private street design requirement
The design for all private streets shall be included as part of the conceptual plan and reviewed at the time of district approval. All streets and roads that provide access to properties outside the district shall be built to public road standards.
- Public water and sewer required
All development shall be served by public water and sewer systems.
- Recreational vehicle commercial use prohibition
The vehicle is not used for commercial purposes
- Recreational vehicle driveway location requirement
In situations where the vehicle is parked in the driveway, the vehicle is located entirely within the improved area.
- Recreational vehicle license requirement
The vehicle has displayed thereon valid license plates and a valid inspection decal as required by state law for operation on public highways
- Recreational vehicle parking requirements
Storage of recreational vehicles... in (i) parking areas specifically designated and designed for such use, and (ii) where driveways are used, in the driveway for the residence or in the rear yard
- Small animal keeping requirement
Keeping of small animals, insects, reptiles, fish or birds, but only for personal enjoyment or household use, and not as a business.
- Special exception duration2 years
Special exceptions for a period of two (2) years or less for the following uses
- Street buffer width along Major Thoroughfare50 ft
A buffer no less than fifty (50) feet in width shall be required along the frontage on any existing or planned road designated as a 'Major Thoroughfare'
- Street buffer width along other public roads25 ft
A buffer no less than twenty-five (25) feet in width shall be required along the frontage of all other existing public roads
- Street design requirement
Streets shall generally be designed to minimize the area within the project devoted to vehicular travel, calm traffic speeds, promote pedestrian movement, and terminate in views of common area or other appropriate vista.
- Street public/private option attached
Streets, drive aisles, parking lots, and roads within the district that serve attached housing, multi-family structures, condominiums and all other permitted uses may be public or private.
- Street public requirement
Streets or roads within the district that serve detached housing and all through roads shall be public.
- Street public requirement detached
Streets or roads within the district that serve detached housing and all through roads shall be public.
- Telecom array heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. increase feet10 ft
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less
- Telecom array heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. increase percentage10 pct
The height of the existing structure shall not be increased by more than ten (10) percent or ten (10) feet, whichever is less
- Telecom tower 60-100 ft special exception
Telecommunications towers and related facilities that exceed sixty (60) feet but do not exceed one hundred (100) feet in height
- Telecom tower max heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. by rightBy rightPermitted outright: if the plans meet the written rules, permission cannot be withheld.60 ft
Telecommunications towers and related facilities that do not exceed sixty (60) feet in height
- Telecom tower max heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first. special exception100 ft
Telecommunications towers and related facilities that exceed sixty (60) feet but do not exceed one hundred (100) feet in height
- Temporary building maximum duration2 years
which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two (2) years of the time of erection of such temporary buildings, whichever is sooner.
- Temporary sales office special exception
Temporary buildings for use as a sales or rental office for an approved real estate development or subdivision.
- Tent special exception
Non-accessory tents for special purposes.
- Utility cabinet screening exemption footprint6 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
and do not have a footprint area in excess of six (6) square feet
- Utility cabinet screening exemption heightMaximum heightThe tallest a building may be, given in feet, in storeys, or both — whichever binds first.4 ft
Screening shall not be required for (a) single stand-alone utility cabinets or pedestals that do not exceed four (4) feet in height
- Utility cabinet screening required
Where a utility cabinet or pedestal is located above ground and outside the public right-of-way, it shall be... screened from view from residences and public rights-of-way with evergreen plant material that is at least the height of the utility cabinet or pedestal.
Parking
- Commercial vehicle parking limit
Open or enclosed space for parking one (1) commercial vehicle of not more than one-ton capacity and used by the occupant of a dwelling shall be permitted as accessory.
- Driveway parking requirements
Driveways located on individual lots shall be designed to prevent parked vehicles from encroaching into pedestrian paths, sidewalks, the public right-of-way, or private easements.
- Parking location requirement
Required parking shall be provided on individual lots; however, for districts where roads are privately maintained, parking spaces may be provided either on individual lots or in areas adjacent to the internal private road network.
From the ordinance
The RM District provides for a range of density... minimum density shall be four (4) residential units per acre. There shall be no minimum lot size in the RM district. The minimum front yard setback for all structures shall be fifteen (15) feet from the internal roads designed to state standards. Structures... shall not exceed a height of five (5) stories or sixty (60) feet, whichever is less. All development shall be served by public water and sewer systems.
Parking requirements
{
"multifamily": "on individual lots or adjacent to internal private road network",
"single_family_attached": "on individual lots or adjacent to internal private road network",
"single_family_detached": "on individual lots"
}