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ALBEMARLE COUNTY CODE
CHAPTER 18
ZONING
SECTION 20A
NEIGHBORHOOD MODEL-NMD
Sections:
20A.1 PURPOSE AND INTENT
20A.2 STATUS AS A PLANNED DEVELOPMENT DISTRICT
20A.5 CODES OF DEVELOPMENT
' 20A.6 PERMITTED USES
20A.7 RESIDENTIAL DENSITY
20A.8 MIXTURE OF USES
20A.9 GREEN SPACES,AMENITIES,CONSERVATION AREAS AND
PRESERVATION AREAS
20A.10 STREETS
20A.1 PURPOSE AND INTENT
The purpose of the Neighborhood Model district (hereinafter referred to as the "NMD") is to establish a
planned development district in which traditional neighborhood development,as established in the county's
Neighborhood Model, will occur. The county's Neighborhood Model was adopted as part of the
comprehensive plan, and is hereinafter referred to as the "Neighborhood Model." The regulations in
section 20A encourage a development form and character that is different from conventional suburban
development by providing the following characteristics:
Pedestrian orientation,
Neighborhood friendly streets and paths;
- Interconnected streets and transportation networks;
Parks and open space as amenities;
- Neighborhood centers;
Buildings and spaces of human scale;
- Relegated parking;
- Mixture of uses and use types;
Mixture of housing types and affordability;
Redevelopment;
Site planning that respects terrain;and
Clear boundaries with the rural areas.
The NMD is intended to provide for compact, mixed-use developments with an urban scale, massing,
density, and an infrastructure configuration that integrates diversified uses within close proximity to each
other within the development areas identified in the comprehensive plan.
The particular uses permitted within a particular district, as well as the character, form and density of the
development, shall be derived from the comprehensive plan, including the land use plan for the applicable
development area, the master plan for the applicable development area, and the Neighborhood Model.
Density shall be achieved with careful attention to design,as articulated in the Neighborhood Model.
These regulations are intended to provide an applicant with maximum flexibility in creating and
implementing the general development plan and the code of development.
(Ord.03-18(2),3-19-03)
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20A.2 STATUS AS A PLANNED DEVELOPMENT DISTRICT
An NMD is a planned development district within the meaning of section 8 of this chapter, subject to the
following: •
a. As a planned development district,the standards for development shall be particular to the district
and not be based on standards established for conventional zoning districts or the general
standards for commercial or industrial districts in sections 21 and 26,respectively, of this chapter.
The standards for development that are submitted by an applicant and approved by the board of
supervisors for a particular NMD shall be the district's code of development described in section
20A.5.
b. An application is not necessarily required to possess every characteristic of the Neighborhood
Model delineated in section 20A.1 in order to be approved as an NMD. The size of the proposed
district, its relationship to a larger neighborhood, or other similar factors may prevent the
application from possessing every characteristic.
c. An NMD shall have no minimum acreage requirement.
(Ord.03-18(2),3-19-03)
20A.3 (Repealed 12-5-12,effective 4-1-13)
20A.4 (Repealed 12-5-12,effective 4-1-13)
20A.5 CODES OF DEVELOPMENT
A code of development shall establish the unifying design guidelines, the specific regulations for the
district, and the use characteristics of each block;provide for certainty in the location of and appearance of
central features, and the permitted uses in the district; and provide a flexible range of a mix of uses and
densities. Any substantive or procedural requirement of this chapter shall apply to an NMD unless the
subject matter is expressly addressed in the code of development. Each code of development shall be in a
form required or otherwise approved by the director of planning. To satisfy these requirements, each code
of development shall establish.
a. The uses permitted in the district by right and by special use permit,as provided in section 20A.6.
b. The amount of developed square footage proposed,delineated for the entire NMD and by block by
,use and amenity. The developed square footage may be expressed as a proposed range of square
footage.
c. The maximum number of residential dwelling units, dwelling units by type, and delineating at
least two(2)housing types, as provided in section 20A.8.
d. The amount of land area and percentage of gross acreage devoted to green space and amenities, as
provided in section 20A.9.
e. All requirements and restrictions associated with each use delineated in subsection 20A.5(a).
f. All uses expressly prohibited in the district, so that they may not be considered to be uses
accessory to a permitted use.
g. Architectural standards that will apply in the NMD,which shall address the following:
1 The form, massing, and proportions of structures which may be provided through
illustrations;
2. Facade treatments;
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4 Home occupation, Class A,where the district includes residential uses.
5. Temporary construction headquarters and temporary construction storage yards
(reference 5.1 18).
6. Public uses(reference 5 1 12).
7. Tourist lodgings,where the district includes residential uses.
8. Group homes,where the district includes residential uses.
9. Tier I and Tier II personal wireless service facilities(reference 5.1 40).
10. Farmers'markets(reference 5 1.47).
11 Family day homes(reference 5.1.56).(Added 9-11-13)
12. Drive-through windows(reference 5 1 60). (Added 3-2-16)
b. By special use permit. The following uses are permitted by special use permit if the use is
expressly identified as use permitted by special use permit in the code of development:
1 Each use allowed by right or by special use permit in any other zoning district.
2. , (Repealed 3-2-16)
3. Outdoor storage, display and/or sales serving or associated with a by right permitted use,
if any portion of the use would be visible from a travelway.
(Ord. 03-18(2), 3-19-03,Ord 04-18(2), 10-13-04, Ord.09-18(9), 10-14-09; Ord. 10-18(4), 5-5-10; Ord. 13-
18(2),4-3-13;Ord. 13-18(5),9-11-13,Ord. 16-18(2),3-2-16)
20A.7 RESIDENTIAL DENSITY
Residential density within each NMD shall be as follows:
a. The gross residential density should be within the applicable recommended gross density range
established in the land use element of the comprehensive plan. In its deliberations regarding the
appropriate residential density for the district, the board of supervisors shall take into account the
amount of land devoted to non-residential uses.
b. The gross residential density shall be measured in dwelling units per acre and calculated by
dividing the proposed number of dwelling units in the proposed district by the gross acreage of the
district.
(Ord.03-18(2),3-19-03;Ord.09-18(9), 10-14-09)
20A.8 MIXTURE OF USES
There shall be a mixture of uses within each NMD as follows:
a. Each district shall have at least two housing types; provided that this requirement may be waived
by the board of supervisors if the district is an infill project or at least two (2) housing types are
already present within one-quarter mile of the proposed district. The following are considered to
be different housing types: (1) single family detached dwellings; (2) single family attached
dwellings; (3) duplexes; (4)triplexes; (5) quadplexes; (6) townhouses; (7)multifamily dwellings;
(8) accessory apartments; (9) manufactured housing; and (10) special needs housing such as
assisted living facilities,group homes,and nursing homes.
An"infill project"is a project in which a parcel is developed or redeveloped,where abutting or
nearby parcels are already developed,and the project area is relatively small compared to the
developed abutting or nearby parcels.
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3. The preservation of historic structures,sites, cemeteries,and archeological sites identified
by the Virginia Department of Historic Resources; and
4 Architectural styles,materials, colors and textures if these elements are determined to be
necessary in order for a proposed development to be compatible with its contiguous
developed surroundings. The provisions in a code of development adopted prior to
October 14, 2009 pertaining to subsections 20A.5(g)(1) through (4) shall be the only ,
architectural standards in the code of development that apply to the planned development.
h. Landscape treatments where landscaping in addition to that required by section 32 is proposed.
The provisions in a code of development adopted prior to October 14, 2009 pertaining to
landscape treatments as required under former subsection 20A.5(g)(7) shall apply to the planned
development.
For each block:
1 The uses permitted on the block by right and by special use permit;
2. Build-to lines or ranges, which are the required distance from the right-of-way to a
structure;
3. Minimum and maximum lot dimensions;
4. Minimum number of stories and maximum building heights;
5. Location of sidewalks and pedestrian paths;
6. Acreage devoted to and characteristics of green space, amenities, and recreational areas
and facilities as required by section 4.16;
7 Location, acreage and characteristics of conservation areas and preservation areas as
defined in section 3.1,if applicable;
8. Location of parking areas;
9 Location, acreage and characteristics of civic spaces, which are public areas for
community or civic activities(e.g.,libraries and their associated yards,schools and places
of worship);
(Ord.03-18(2),3-19-03;Ord.09-18(9), 10-14-09)
20A.6 PERMITTED USES
The following uses shall be permitted in an NMD, subject to the regulations in this section and section 8,
the approved application plan and code of development,and the accepted proffers.
a. By right uses. The following uses are permitted by right if the use is expressly identified as a by
right use in the code of development or if the use is permitted in a determination by the zoning
administrator pursuant to subsection 8.5.5.2(c)(1):
1 Each use allowed by right or by special use permit in any other zoning district, except for
those uses allowed only by special use permit delineated in subsections 20A.6(b)(2) and
(b)(3);provided that the use is identified in the approved code of development.
2. Water, sewer,energy and communications distribution facilities.
3. Accessory uses and buildings including storage buildings.
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b. Each district shall have at least two different general use classifications (i.e., residential,
commercial, industrial, institutional, parks or recreational facilities open to the public); provided
that this requirement may be waived by the board of supervisors if a different use is already
present within one-quarter mile of the proposed district and accomplishes the mixture of uses
within the neighborhood sought to be achieved by this section to an equivalent degree.
c. The mixture of uses shall be based upon the uses recommended in the land use element of the
comprehensive plan. The required mixture of uses may be obtained with different uses in different
buildings or a mixture of uses within the same building.
(Ord. 03-18(2), 3-19-03)
20A.9 GREEN SPACES,AMENITIES,CONSERVATION AREAS AND PRESERVATION AREAS
Each NMD shall include the following:
a. Green space.The minimum area devoted to green space is as follows:
1. For areas shown in the land use element of the comprehensive plan as neighborhood
density residential, urban density residential, transitional, neighborhood service,
community service, or office service, the area devoted to green space shall be at least
twenty percent(20%)of the gross acreage of the area proposed to be rezoned.
2. For areas shown in the land use element of the comprehensive plan as regional service,
office regional or industrial service, the area devoted to green space shall be at least
fifteen percent(15%)of the gross acreage of the area proposed to be rezoned.
3. For areas having a land use designation not addressed in subsections 20A.9(a)(1) and
20A.9(a)(2),the recommendations of the applicable provisions of the comprehensive plan
shall be guidance on the minimum area devoted to green space.
4. The minimum area devoted to green space may be reduced by the board of supervisors at
the request of the applicant. In acting on a request,the board shall consider these factors:
the relationship of the site to adjoining or nearby properties containing public green space
such as parks or natural areas; the known future uses of the adjoining properties; and
whether a reduction would better achieve the neighborhood model goals of the
comprehensive plan.
b. Amenities The minimum area devoted to amenities is as follows:
1. For areas shown in the land use element of the comprehensive plan as neighborhood
density residential, urban density residential, neighborhood service, and community
service, the area devoted to amenities shall be at least twenty percent(20%) of the gross
acreage of the area proposed to be rezoned.
2. For areas shown in the land use element of the comprehensive plan as regional service,
office service, office regional service or industrial service, the area devoted to amenities
shall be at least ten percent (10%) of the gross acreage of the area proposed to be
rezoned.
3. For areas having a land use designation not addressed in subsections 20A.9(b)(1) and
20A.9(b)(2), the recommendations of the applicable provisions of the comprehensive--
plan shall be guidance on the minimum area devoted to amenities.
4 The minimum area devoted to amenities may be reduced by the board of supervisors at
the request of the applicant. In acting on a request,the board shall consider these factors:
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the relationship of the site to adjoining or nearby properties containing amenities; the
proportion of residential uses to nonresidential uses proposed, the known future uses of
the adjoining properties; and whether a reduction would better achieve the neighborhood
model goals of the comprehensive plan.
c. Additional requirements for amenities. Amenities shall also be subject to the following:
1. At least ninety percent (90%) of the residential units in the NMD shall be within a one-
quarter mile walk of an amenity.
2. The size, location, shape, slope and condition of the land shall be suitable for the
proposed amenity.
3. The amenity shall be suitable for the specific population to be served.
4 The design of any recreational facilities shall meet the minimum design requirements
from recognized sources of engineering and recreational standards.
5. In nonresidential areas of the development, amenities shall be located so that they are
easily accessible to patrons and employees of the development.
d. Green space within parks and recreational amenities Any portion of an amenity that is covered
in grass or other vegetation may be counted as both green space and an amenity
e. Preservation areas within green space. Preservation areas that preserve environmental features
shall be included as green space area.
f. Conservation areas within green space. Conservation areas that maintain environmental features
shall be included as green space area.
(Ord.03-18(2),3-19-03;Ord.09-18(9), 10-14-09)
20A.10 STREETS
Each street within an NMD shall meet the street standards for a traditional neighborhood development
established by the department of community development.
(Ord. 03-18(2), 3-19-03,Ord.09-18(9), 10-14-09)
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