Diagnostic Report Combined_PurcellvilleVA_2022-03-15

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ZONING DIAGNOSTIC REPORT

TOWN OF PURCELLVILLE, VIRGINIA

MARCH 2022

This reporT was prepared by:

INTRODUCTION

Zoning regulations are critically important; they impact a myriad of community qualities, from the environment to housing availability, neighborhood character to greenspace and walkability, employment opportunities to economic prosperity. An effective and efficient zoning ordinance can guide development to achieve desired outcomes, whereas a cumbersome or outdated zoning ordinance may result in devaluation of a community and disinvestment. In this report, the zoning ordinance of Purcellville, Virginia, is compared against the community’s stated objectives, and conclusions and recommendations are provided, which may inform future amendments to the zoning ordinance.

GENERAL PRINCIPLES APPLIED

The rationale for conducting this analysis is based on three general principles:

Zoning should regulate only what needs to be regulated to protect health and safety.

First, zoning regulations should place limits on the use of land only when necessary to promote the general welfare. Regulations that do not relate to public interests, such as health and safety, may overstep the police power granted to cities and may not be legally defensible.

Zoning should respect both existing and desired development patterns.

Zoning regulations should relate to a community’s existing and desired development

patterns. When regulations are out of context with existing or desired development patterns, land owners may need to apply for numerous administrative approvals and variances for typical development projects, which increase the cost of investment in a community. Furthermore, processing such administrative approvals and variances can unduly burden government departments.

Zoning should be the implementation of a plan, not a barrier.

Zoning should be a tool to implement a community’s vision as expressed in its comprehensive plan. In many instances, a community invests time, funds, and energy into the development of a comprehensive plan, but zoning regulations are overlooked or revised over time in a disjointed manner. This scenario leads to outdated, inconsistent, and disorganized zoning regulations that are cumbersome, intimidating, and costly for property owners and administrators, alike, and impede planning goals and economic development. On the other hand, a comprehensive update to the zoning code within the long-term planning process allows for clear, usable, defensible, and consistent regulations that operate efficiently to protect the public’s interests and encourage desired outcomes.

METHODOLOGY

This analysis evaluates Purcellville’s existing zoning ordinance and provides recommendations for amendments.

To that end, we reviewed the Plan Purcellville:

2030 Comprehensive Plan. Through critical analysis of the comprehensive plan and general planning and zoning expertise, seven community objectives were identified, as follows:

Objective A: Promote small town character and encourage historically appropriate design and neighborhood aesthetics.

Objective B: Promote the sustainable delivery of government services.

Objective C: Promote the viability of small businesses.

Objective D: Promote environmental sustainability.

Objective E: Promote diverse housing options.

Objective F: Promote walkability.

Objective G: Promote clarity, efficiency, and consistency of the law and its administration.

Following the identification of the community’s objectives, each of the zoning code’s provisions were evaluated against the objectives and were scored as either:

+ Promoting the objective;

! Interfering with the objective;

= Both promoting and interfering with the objective; or [blank]

Having no impact on achieving the objective.

The results of each analysis were recorded and are included in the Consistency Matrix at the end of this report. A summary of the analysis is provided in the Results section of this report.

Next, a conclusion and list of recommendations provide guidance for future amendments to Purcellville’s zoning code.

ObjectiveA:Promotesmalltowncharacterandencouragehistorically appropriatedesignand neighborhood aesthetics.ObjectiveB:Promotethesustainable deliveryofgovernmentservices.ObjectiveC:Promotetheviabilityof smallbusinesses.ObjectiveD:Promote environmental sustainability.ObjectiveE:Promotediversehousing options.ObjectiveF:Promotewalk ObjectiveG:Pro andconsis adm

Figure 1. A snapshot of the Consistency Matrix, which can be found at the end of this report.

RESULTS

OBJECTIVE A: PROMOTE SMALL TOWN CHARACTER AND

ENCOURAGE HISTORICALLY APPROPRIATE DESIGN AND NEIGHBORHOOD

AESTHETICS

Background

The comprehensive plan emphasizes the importance of small town feel in many ways. “Small” and “town” dwarf all other terms in the Plan Purcellville word cloud of major terms that the public identified during input sessions of the planning process (page 16). The plan sets forth the community vision as remaining a place that is “mindful of its historic character and rural heritage...” (page 13). Additionally, the comprehensive plan claims that “The people that call Purcellville home...are passionate about its unique and friendly small town character” (page 18).

The first guiding principal listed in the plan is to “achieve a balanced and sustainable land use pattern that will retain Purcellville’s sense of community and historic, walkable, small town character in a rural setting” (page 13).

“As a recent transplant to the area, I appreciate the small town feel, abundant local events, and overall rural feel of Purcellville. I hope we can maintain that quaint feel.” (Plan Purcellville, page 19)

But what is small town character? Some elements that contribute to that character include rural preservation, open space, conservation easements, and land trusts. Also

important is the traditional architecture of older neighborhoods, such as Victorian, foursquare and bungalow homes, and Colonial Revival.

Scoring Summary (out of 143 evaluations)

+ ! = [blank]

20 1 1 121

Summary

Objective “A” scores well, with 20 “supporting” provisions and only 1 “interfering” provision. Among the many provisions that support Objective “A” are the abundant purpose and intent statements that mention historic preservation, the inclusion of design guidelines, and the establishment of a historic corridor overlay district and Board of Architectural Review.

Supportive Provisions

The zoning code promotes Objective “A” throughout the zoning ordinance. First, purpose and intent statements throughout the ordinance mention historic preservation and the compatibility of neighborhood features. Some examples include:

• “To protect against destruction of or encroachment upon historic resources” is included as a purpose of the entire zoning ordinance (Article 1 Section 3);

• One of the purposes of the R-3A district is to encourage development “compatible with the historic character of the area…” (Article 4 Section 3A.1);

• Article 6 Section 9 establishes lighting requirements with the express goal of protecting and retaining the established character of the town; and

• The purpose of the landscaping, buffering, and open space regulations is to “facilitate the creation of an attractive environment” (Article 7 Section 1).

Second, the zoning ordinance includes design standards that could promote elevated neighborhood aesthetics. Some examples are as follows:

• The zoning ordinance requires design review for developments in the MC District (Article 4 Section 7), and Article 4 Section 14 establishes design guidelines for developments in the IP District, such as screening with fences, walls, hedges, or plantings; cohesive appearance of multiple buildings within a development; variation of building massing; human scale development; underground utilities; and four-sided architectural finishes.

• A density bonus in the PDH District incentivizes high quality design features or restoration of historic structures (Article 4 Section 12).

Third, the zoning ordinance establishes a historic corridor overlay district and Board of Architectural Review. The intent of the historic corridor overlay district is to protect “the town’s unique historical and architectural character, ensuring that new development is in keeping with the small-town character of

Purcellville...” (Article 14A Section 1). The overlay district prohibits the development, redevelopment, or demolition of structures without first receiving approval from the Board of Architectural Review, which helps limit the development of poorly designed structures or the demolition of architectural assets.

Processes, too, support the preservation of a small town character. For instance, Article 9 Section 6 allows the Board of Zoning Appeals to grant a variance only if the proposed development “will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance.” The Board of Architectural Review must consider whether or not a proposed development preserves “historical sites and structures and making the town a more attractive and desirable place in which to live” and ensures the “architectural design is suitable for Purcellville’s historic small town character”.

Lastly, the zoning ordinance maintains a low density, rural feel through dimensional standards, while allowing for a quaint commercial district. As an example, Article 4 Section 6 limits building coverage to 40 percent of the lot area in the C-1 District, which may encourage a small town, rural character.

Interfering Provisions

Many fewer provisions interfere with Objective “A.” In the use table (Article 4 Section 1), certain uses are prohibited that many may find characteristic of small towns. For example, cemeteries are prohibited throughout Purcellville, although small cemeteries may

evoke a sense of community and tradition. Furthermore, community gardens are not permitted in most districts, although they connect modern towns with their agrarian histories. Lastly, in the AC District, gravel parking areas are permitted only for lots used 4 or fewer days per month, despite gravel parking pads being commonplace in most rural landscapes.

OBJECTIVE B: PROMOTE THE SUSTAINABLE DELIVERY OF GOVERNMENT SERVICES

Background

Every community must strike a balance between government services, whether police, fire, sewer, water, education, or roadways, and budgetary constraints. The built environment can impact this balance: denser development, for example, may capture more property tax revenue per acre, but it could also yield higher stormwater flows and result in increased erosion of stream banks.

Purcellville’s comprehensive plan touches on this balance and identifies the community’s aim to “manage development to ensure that development does not overwhelm the Town’s services and infrastructure...” (page 14). It goes on to say that Purcellville should sustain the Town’s quality of life through prudent fiscal stewardship as well as a commitment to identifying and discussing future revenue opportunities (page 14).

This section of the zoning diagnostic report evaluates Purcellville’s zoning code on its promotion of, or interference with, promoting the sustainable delivery of government services.

Scoring Summary (out of 143 evaluations) + ! = [blank] 9 1 0 133

Summary

Purcellville’s zoning ordinance includes many provisions that support Objective “B,” while only one provision was marked as interfering with the sustainable delivery of government services.

Supportive Provisions

The provisions supporting Objective “B” in Purcellville’s zoning ordinance focus on intent statements, development patterns, landscaping and tree canopy cover, and processes.

First, there are some statements of intent that support Objective “B.” Article 1 Section 3, for example, lists “to facilitate the provision

Figure 2. An image of sewer system facilities; the sewer system is a valuable government service.

of adequate public utilities, public services and other public facilities” as a purpose of the entire zoning ordinance. Later in the ordinance, Article 12 Section 1 promotes Objective B in that it identifies the prevention of unnecessary expenditure of public funds for flood protection and relief as a purpose of the floodplain overlay district.

Second, the Town allows for development patterns that may make government services more efficient to provide. Cluster subdivisions, for instance, are permitted under Article 6 Section 5, and may concentrate homes along shorter streets and utility lines, increasing the sustainability of the delivery of government services.

Vegetation and tree canopy cover also decrease government expenditures by reducing stormwater peak flows and decreasing the heat island effect in urbanized areas. Article 2 Section 2 protects existing tree cover, which may lead less expensive maintenance of the stormwater conveyance system. Furthermore, streetscaping is required to be provided in the public right-of-way by private landowners, which reduces the expense to the government of providing this public service (Article 7 Section 3).

Lastly, processes help protect the Town from unnecessary expenses. Some examples are as follows:

• PDH district developments may only be approved if located in an area “in which transportation, police and fire protection, other public facilities and public utilities, including sewerage, are

or will be available and adequate for the uses proposed” (Article 11 Section 7).

• Article 11 Section 12 allows the Town to require a surety bond for planned development improvements within the right-of-way. This allowance may protect the government from liability of providing services that should be initially provided by the developer.

• In order for the Board of Zoning Appeals to grant a variance within the floodplain overlay district, it must determine that the variance will not result in extraordinary public expense (Article 12 Section 13).

Interfering Provisions

While there are many provisions that protect public expenditures in delivering services, only one provision was identified as interfering with this aim: Article 9 Section 5 fails to list the sustainability of the delivery of government services as a factor that the Board of Zoning Appeals must consider when granting a special exception permit.

Additionally, in general, the dispersed development pattern esteemed by Purcellville and implemented by the zoning ordinance may result in inefficiencies in the delivery of public services, as police, fire, water, sewer, gas, electric, and student transportation must cover more distance, and incur more expense, per customer served.

OBJECTIVE C: PROMOTE THE VIABILITY OF SMALL BUSINESSESďż˝

Background

Small businesses are a critical component to achieving a small town feel. Purcellville recognizes this importance, and, in the Plan Purcellville comprehensive plan, it encourages its “tradition of small-town businesses, such as those on Main Street and 21st Street” (page 14). Small businesses often thrive when overhead costs are kept to a minimum and when there are ample patrons, whether local residents or out-of-town tourists.

This section of the zoning diagnostic report will summarize how the zoning ordinance supports, or interferes, with the objective to promote the viability of small businesses.

Scoring Summary (out of 143 evaluations) + ! = [blank] 7 0 0 136

Summary

Purcellville’s zoning ordinance does not address small business viability in many ways. Only seven provisions were identified as impacting small businesses; all of those provisions acted in support of small enterprises.

Supportive Provisions

Of the seven provisions that were identified as influencing the viability of small businesses, all

supported their success.

Some provisions highlight small business success in purpose and intent statements. For instance, Article 14 Section 1 sets forth the purpose of the stream and creek buffer as including “promoting tourism and high quality corporate investment by maintaining... existing high water quality.” Furthermore, the intent of the historic corridor overlay district is “promoting tourism and visitor opportunities through historic preservation and Main Street revitalization” (Article 14A Section 1).

Other provisions allow for flexibility that may reduce the barriers to entry for start-ups. Foremost is the ability for entrepreneurs to start businesses out of their homes--Article 3 Section 8 allows for home occupations in residential districts. Once a business has a dedicated non-residential location, smaller lots may be more cost efficient. In the C-4 District, there are no minimum lot area requirements, nor front, side, or rear setbacks requirements, which allows small businesses to take advantage of the entirety of small lots (Article 4 Section 9). The CM-1 District also forgoes minimum lot sizes (Article 4 Section 10). Finally, by not establishing parking requirements, by allowing for reductions in parking space requirements if the site is in the vicinity of a public bus shelter or shared parking lot, and by mandating that parking spaces are only 162 square fee each, Purcellville’s zoning ordinance provides businesses with flexibility and the ability to take advantage of smaller, less expensive building lots (Article 6 Section 1).

Lastly, processes promote small businesses.

As an example, Article 14A Section 8 includes “generating business activity, maintaining and creating employment opportunity” as a criterion when considering applications for development within the historic corridor overlay district.

Interfering Provisions

No provisions were specifically identified in the Consistency Matrix as hindering Objective “C.” However, in general, provisions that hinder walkability and population density, such as large minimum lot sizes in residential areas adjacent to business centers, may have negative effects on the success of small businesses. Additionally, the zoning ordinance requires time intensive site plans, architectural reviews, and public hearings, which may create a procedural barrier for small businesses.

OBJECTIVE D: PROMOTE ENVIRONMENTAL SUSTAINABILITYďż˝

Background

Purcellville values its rural heritage and small town character. Part of protecting this identity is the promotion of environmental sustainability. Plan Purcellville highlights the community’s vision to “respect and preserve the natural environment...” (page 13).

The Town should ensure that any future development and growth takes place with the highest levels of environmental sustainability, using our natural systems as an integral part of our community’s

future. The Town should complement this by generally pursuing and adopting sustainable decisions. (Page 14 of Plan Purcellville)

This section of the zoning diagnostic report discusses how the zoning ordinance supports, or interferes with, Objective “D.”

Scoring Summary (out of 143 evaluations) + ! = [blank]

16 2 2 123

Summary

Many of the ordinance’s provisions support Objective “D.” There are provisions that require streetscaping, landscaping, and stream buffers, as well as allowances for conservancy subdivision development. However, the ordinance could improve sustainability in several key ways.

Supportive Provisions

The majority of provisions that address Objective “D” were supportive. The preservation of open space and buffers was a prominent theme. For example:

• Article 4 Section 6 requires a stream buffer, which may support Objective D and improve the water quality of streams in Purcellville;

• Article 4 Section 12 requires 25-35 percent of each PDH district to be reserved as open space, which could increase stormwater infiltration and benefit water quality in nearby surface

waters; and

• Cluster subdivisions are permitted in all residential districts, which could encourage permanent reservation of open space (Article 6 Section 5).

The zoning ordinance includes purpose and intent statements that focus on environmental sustainability. For instance:

• The purpose of the landscaping, buffering, and open space regulations and the resource management regulations includes improving the “quality of the physical environment of the community” and conserving natural resources, including the protection of ground and surface waters and the stabilization of soil (Article 7 Section 1 and Article 7 Section 2);

• The purpose of the stream and creek buffer regulations includes “protecting aquatic environments from the warming effects of solar radiation by preserving riparian tree canopy cover” and protecting “water and groundwater recharge processes” and preserving “significant environmental resource areas, wildlife habitat and corridors, and native vegetation areas” (Article 14 Section 1).

Landscaping and streetscaping also play a big role in providing habitat, reducing heat island effects, buffering stormwater, and promoting a small town, rural character. The ordinance has several examples of promoting landscaping, as follows:

• Article 7 Section 3 requires streetscaping, which has the potential to provide habitat, reduce stormwater flows, and decrease the heat island effect of urbanized areas.

• Article 7 Section 4 requires bufferyards between certain zoning districts and uses, which could increase habitat area in Purcellville and enhance the environmental quality.

• Article 14A Section 4 sets forth regulations for the protection of trees and the allowance of the Board of Architectural Review to require additional landscaping for developments within the historic corridor overlay district.

Water quality is critical to a healthy environment. Many provisions in the zoning ordinance may result in improved water quality.

• The ordinance requires that, prior to the clearing of vegetation from a site, storm water management and erosion/ siltation control measures be applied (Article 11 Section 10).

• New development within the floodplain must be designed so as to not increase the elevation of the base flood by more than one foot at any point (Article 12 Section 12); new and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters (Article 12 Section 12 and Article 12 Section 16).

• Article 14 Section 3 prohibits the development of buildings, structures, impervious parking lots, and other impermeable surfaces within the stream and creek buffer.

Finally, the zoning ordinance promotes Objective “D” in several other ways.

• Article 13 Section 2 requires that stormwater management best management practices and erosion and sedimentation control practices be implemented in sensitive areas. It furthermore prohibits land-disturbing activities in highly sensitive areas, unless the applicant has received a variance from the board of zoning appeals.

• In industrial districts, a list of all hazardous materials and chemicals must be provided at the time an occupancy permit is applied for, which could assist the City in more appropriately responding to a disaster and reducing the chances that hazardous materials are released into nearby waterways or the atmosphere (Article 4 Section 11).

Interfering Provisions

Fewer provisions were identified that interfere with Objective “D.” They are discussed below.

Zoning, at its core, is the regulation of uses, and the ordinance does not allow for some uses that could promote environmental sustainability. Community gardens and nature preserves are prohibited in most districts,

which could deter from environmental sustainability and the small town feel of Purcellville (Article 4 Section 1). In Article 4 Section 15, Greenbelt Open Space fails to include prairie, wetland, or woodlands as permitted uses, which detracts from the environmental benefit of conservation developments. Additionally, the Town limits multiple-family dwellings in most districts, which could result in higher utility demands per household and, therefore, greater carbon dioxide emissions. Finally, there is no mention of household-scale electricity generation structures, such as solar panels, or electric vehicle charging stations.

While many zoning ordinances fail to mention alternatives to asphalt and concrete paving, Purcellville’s code does include porous pavement, grasscrete, and other pervious materials, but it only permits them when approved by the zoning administrator, rather than by right. Furthermore, the zoning ordinance limits porous pavement to only 50% of a parking lot area for special use permit uses.

In other areas of the zoning ordinance, there are missed opportunities for environmentally friendly regulations. For example:

• Article 6 Section 1 requires that offstreet parking facilities be constructed so that they drain water, but it does not require that rain gardens or other green infrastructure be used to capture stormwater runoff from parking areas, and Article 12 Section 12 does not require that low impact design (LID) features be incorporated into

developments in the floodplain.

• Related to processes, the ordinance does not list the protection of the environment as a factor that the Board of Zoning Appeals must consider when granting a special exception permit (Article 9 Section 5).

OBJECTIVE E: PROMOTE DIVERSE HOUSING OPTIONSďż˝

Figure 3. An image of moderate density housing. Purcellville seeks to achieve housing diversity while maintaining its small town feel.

Background

Much of Plan Purcellville involves discussions of population trends (upwards in Loudoun County), housing history, housing demand, and housing costs. While Purcellville wants to preserve its small town character, which can be achieved through traditional residential architecture, the comprehensive plan also identified the need for more diverse housing options. On page 13, the plan highlights the community’s vision to “maintain diverse and inviting neighborhoods with a range of housing opportunities...” Later, the plan states that

“Purcellville’s diverse households should be accommodated by a variety of housing options” (page 39).

We need a mix of housing. Yes, singlefamily is preferred but kids grow up and move away. We need some senior living and young professional housing too. (Plan Purcellville, page 24)

This section of the zoning diagnostic report discusses the provisions of the zoning ordinance that support, or interfere with, Objective “E,” promoting diverse housing options.

Scoring Summary (out of 143 evaluations)

Summary

Few provisions of the zoning ordinance address housing diversity. Only four provisions were identified as influencing this objective.

Supportive Provisions

Several provisions aid in the promotion of Objective “E.” Most importantly, in the use table in Article 4 Section 1, a diverse range of housing types are permitted, which may improve the housing options in Purcellville.

Flexibility is important in developing a diverse range of housing types. In the PDH District, for example, the ordinance does not regulate minimum lot width or minimum lot

area, leading to greater options for housing development (Article 4 Section 12). Similarly, Article 4 Section 15 allows for conservation subdivisions, which may increase diversity in housing options while also maintaining the small town feel of Purcellville.

Lastly, the ordinance does not mandate a consistent number of off-street parking spaces per dwelling unit and instead relies on a proposal by the applicant and approval by the Zoning Administrator. This mechanism could potentially reduce the burden of residential developments to provide free off-street parking, and may result in cheaper housing options.

Interfering Provisions

The zoning ordinance also includes a few provisions that impede the success of Objective “E.” First, the ordinance fails to mention promoting housing options in its purpose statement (Article 1 Section 3).

Second, while the zoning ordinance includes many types of housing in the comprehensive use table, it includes other requirements that quash housing diversity. For instance, the zoning map shows that up to one half of the land area in Purcellville is zoned as R-2 and R-3. R-2, the largest district, permits only single-family detached dwellings. And the R-3 District, the second largest residential district, allows only single-family detached dwellings and duplex dwellings by right.

Additionally, dimensional requirements hinder housing diversity. Article 4 Section 1 requires a minimum area of two acres for a multiple-

family dwelling and a maximum density of 15 dwelling units per acre, which may reduce housing options in Purcellville. For singlefamily attached dwellings, it requires a minimum project area of two acres, minimum unit areas of 1,200 square feet, and a minimum of six dwellings. These requirements may reduce the feasibility of developing dwelling types other than single-family detached.

OBJECTIVE F: PROMOTE WALKABILITYďż˝

Background

Walkable neighborhoods are important for many reasons. Walkable neighborhoods encourage a sense of community--neighbors spend more time in the public realm, passing each other, starting conversations, building relationships, and developing a sense of belonging. Elizabeth Brown, in the Thriving Cities Blog,1 claims that “Walking allows us to establish a place-based connection with our community, to educate ourselves with our surroundings, and inform ourselves of the history of our place—benefits largely absent during driving. Furthermore, walking facilitates social interaction and allows citizens to establish a familiarity with fellow community members that can strengthen a sense of place and belonging to one’s community.” Walkability is, therefore, an important component in maintaining a small town community.

Plan Purcellville identifies walkability as a community objective. On page 27, it states that

1 Brown, Elizabeth. 2017. Walkability and the Thriving City. Smart Growth Online.

“public input identified walkability as a value to Purcellville citizens.” Later, it recommends that the streetscape landscaping should be planted directly adjacent to sidewalks to help maintain a pedestrian-friendly atmosphere (page 35) and that building frontages should include large display windows to engage people walking by and maintain a streetscape that is sympathetic to, and consistent with, a pedestrian atmosphere (page 39).

This section of the zoning diagnostic report discusses how the zoning ordinance supports, or interferes with, Objective “F,” promoting walkability.

Scoring Summary (out of 143 evaluations)

Summary

Twelve provisions were highlighted as addressing walkability in Purcellville. The majority of these provisions supported walkability, largely through the decreased presence of automobile use areas and the promotion of landscaping and architectural design. Still, some provisions detracted from Objective “F,” including provisions that address traffic or congestion but not walkability.

Supportive Provisions

Nine provisions were identified as supporting Objective “F.” Paramount were provisions that regulated the placement or impact of vehicle-use areas, such as parking lots. Some

examples are as follows:

• Article 4 Section 3A.4 requires that offstreet parking be located to the rear or side of the principal structure.

• The ordinance requires that parking in the MC District and IP District shall be screened from view, which improves the pedestrian experience (Article 4 Section 7 and Section 14).

• Article 6 Section 1 exempts certain existing buildings in the C-4 zoning district from off-street parking requirements, promoting walkability.

Other provisions require little or no front setback, which places buildings closer to sidewalks and makes walking more practical for everyday errands. For instance, the R-3A District requires only 10-foot setbacks (Article 4 Section 3A.7); the MC District requires only 10-foot setbacks (Article 4 Section 7); and, in the C-4 District, the front yard depth is limited to 15 feet (Article 4 Section 9).

Landscaping and the beautification of pedestrian areas can improve the pedestrian experience. The zoning ordinance, in Article 7 Section 2, requires the preservation of existing tree cover and, in Article 7 Section 3, regulates streetscaping, which enhances the pedestrian experience and improves walkability in Purcellville.

Still, other provisions encourage the construction of pedestrian-use areas. In Article 6 Section 1, pedestrian walkways are required to be constructed between building entrances, streets, parking areas, and adjacent

buildings. Article 11 Section 7 requires that, within planned developments, “particular emphasis shall be placed on...a comprehensive system of pedestrian, bicycle, and/or bridal paths...”

Interfering Provisions

Other provisions detract from Objective “F.” First and foremost, while the ordinance does not require a set number of off-street parking spaces per use, it does require some amount of off-street parking to be provided, at the discretion of the Zoning Administrator. Parking areas promote vehicle use and interfere with the practicality and enjoyment of walking. Article 1 Section 3 echoes this issue, as it mentions “for convenience of access and of traffic” in the purpose statement of the zoning ordinance but fails to mention pedestrian safety.

Some districts require that vehicle use areas, such as parking lots be tucked away, either screened from view or moved to the side or rear of the lot. However, not all districts adhere to these guidelines. The CM-1 District, for example, does require that refuse containers and refuse storage be hidden from general public view, but it does not require that parking be located to the side or rear of the principal structure, and, therefore, it diminishes the pedestrian experience (Article 4 Section 10).

Within processes, the zoning ordinance fails to emphasize walkability. Article 9 Section 5, for instance, does not list the walkability as a criterion that the Board of Zoning Appeals must consider when granting a special

exception permit.

OBJECTIVE G: PROMOTE CLARITY, EFFICIENCY, AND CONSISTENCY OF THE LAW AND

ITS ADMINISTRATIONďż˝

Background

A zoning code must be clear, efficient, and consistent.

Clarity: A clear code provides clear instructions to landowners about what is and what is not legal on their properties. It is predicable and has little risk in investing in land, structures, and businesses. A clear code is less reliant on staff interpretations of the law and is therefore more legally defensible against claims of capriciousness.

Efficiency: An efficient code is quick to read and understand and is, likewise, democratic by nature. It uses tables, graphics, and charts to increase comprehension and eliminate long paragraphs. An efficient code is also easy to administer and does not require applicants of commonplace developments to suffer the costs of waiting for public hearings and committee reviews.

Consistency: A consistent code eliminates conflicting standards within zoning code and between the zoning code and other municipal, state, or federal regulations. It uses established use terms, staff titles, and formatting. A consistent code leads to a more consistent built environment and just application of the law.

This section of the zoning diagnostic report evaluates the clarity, efficiency, and consistency of Purcellville’s zoning ordinance.

Scoring Summary (out of 143 evaluations)

+ ! = [blank]

13 36 3 91

Summary

Objective “G” received the worst score overall compared to other community objectives. While the code generally defines terms and utilizes tables and helpful graphics in some provisions, it fails Objective “G” by including inefficient duplication of regulations, multiple definitions sections, ambiguous regulations, and incomplete sentences.

Supportive Provisions

The zoning ordinance has many examples of clarity and efficiency. For instance, Article 3 Sections 1-7 include concise and efficient statements necessary to the proper administration of the regulation.

In other provisions, helpful tables or graphics aid in the comprehension of the regulations. Some examples are as follows:

• Article 3 Section 14 describes the area of a site triangle, and it uses graphics to illustrate the regulation, which improves clarity.

• A table is used to set forth the permitted uses for each district (Article 4 Section 1).

• Article 6 Section 2 sets forth off-street loading requirements in an easy-to-use table format.

• The buffer requirements in Article 7 Section 4 use tables to increase ease-ofuse.

• The methodology for measuring building height includes helpful illustrations (Article 6 Section 4).

Additionally, the zoning ordinance supports Objective “G” in some of its procedural provisions. Article 8 Section 1 clearly states the criteria and process for applying and gaining approval for a special use permit. Article 9 Section 6 allows the zoning administrator to grant an administrative variance for any yard requirement up to one foot or 10 percent of the minimum requirement, which may help to expedite the processing of small variances.

Interfering Provisions

While the zoning ordinance supports Objective “G” in some provisions, it largely fails to achieve clarity, efficiency, and consistency.

First, the ordinance has some provisions that are duplicative and could be combined for higher efficiency or improved organization. For instance, Article 6 Section 4 describes supplementary regulations for accessory buildings and structures, but there are other regulations for accessory buildings and structures (and uses) in Article4 Section 1. Other provisions are lengthy and difficult to understand.

Second, the zoning ordinance could improve in

its use and organization of terms. Throughout the zoning ordinance, for example, the terms principal building, primary building, and main building are used interchangeably. In a consistent zoning ordinance, only one of those terms would be used throughout.

In an efficient and well-organized zoning ordinance, terms are defined in one glossary section. However, Purcellville’s zoning ordinance includes multiple definitions sections. For example, Article 6 Section 9 defines terms related to outdoor lighting; Article 7 Section 4 defines key terms related to bufferyards; Article 12 Section 7 defines key terms used in the floodplain overlay district; while Article 15 includes the majority of other terms.

Elsewhere, the zoning ordinance could use more graphics and tables to more effectively convey regulatory material to a lay audience. Throughout Article 4, for instance, district standards are presented in paragraph or short sentence form, but tables could increase efficiency and ease-of-use.

CONCLUSIONS

In conclusion, the zoning ordinance includes many provisions that promote the objectives, while some portions of the ordinance fail to advance the community’s goals.

Objective “A” is the most cited objective in the comprehensive plan, and it is largely supported by the zoning ordinance. With distributed development patterns, landscaping requirements, buffer zones and open space minimums, and design review procedures

in the historic corridor overlay district, the ordinance provides many protections against the loss of small town, rural character. Some provisions could be revised to further encourage a small town feel, such as allowing nature preserves and community gardens, gravel driveways and parking pads, and agricultural uses.

Objective “B” is well supported by the zoning ordinance. While the regulations limit the density of development, which could increase the costs of government services per person, the ordinance includes many provisions that reduce government expenditures, such as minimum landscaping requirements, setbacks from streams and creeks, conservancy subdivisions, and floodplain controls. The zoning ordinance also includes the sustainable delivery of government services in the list of criteria for the approval of some permits.

Objective “C” is only weakly addressed by the zoning ordinance, but, in the few provisions that relate to small business viability, the zoning ordinance is supportive. The lack of minimum lot sizes or setbacks in some districts allows for businesses to enter the market with smaller, likely cheaper, lots, and the flexibility in minimum parking requirements may reduce overhead business expenses.

Objective “D” is well supported by the zoning ordinance. The environment, including habitat and water quality, benefits from provisions that require landscaping, vegetated buffers, stream and creek setbacks, and open space. Furthermore, conservancy subdivisions and flexible parking requirements, along with optional porous pavement, aid in the

achievement of Objective “D.”

Objective “E” is not widely addressed by the zoning ordinance. Many housing types are permitted in the use table, but, because the zoning map is dominated by the R-2 and R-3 Districts, only single-family detached dwellings and duplex dwellings are permitted by right in the majority of residential areas in Purcellville.

Objective “F,” promoting walkability, receives weak attention by the zoning ordinance. Some provisions support walkability through the decreased presence of automobile use areas and the promotion of landscaping and architectural design. Still, other provisions prioritize vehicle traffic or congestion issues but do not mention pedestrian safety or enjoyment.

Lastly, Objective “G” is poorly supported by the zoning ordinance. Many provisions are lengthy and cumbersome; others are duplicative or disorganized; and still others lack tables and graphics that could improve efficiency and clarity.

RECOMMENDATIONS

Based on our conclusions, we recommend amending the zoning ordinance to (in order of importance):

1. Eliminate parking minimums and loading space minimums in districts within walking distance of the town’s core, and clearly define minimum parking requirements for other districts. While the code offers flexibility in the number of parking

spaces, leaving it to the discretion of the Zoning Administrator, and while the code offers incentives for shared parking or proximity to public transportation shelters, any requirement for off-street parking may interfere with the small town character of Purcellville (Objective “A”), increase overhead expenses for small businesses (Objective “C”), increase stormwater runoff volumes and promote the use of pollutiongenerating cars (Objective “D”), increase the cost of housing (Objective “E”), and decrease walkability (Objective “F”). Furthermore, by removing parking requirements in key districts and, in other districts, more specifically defining minimum parking requirements, the zoning ordinance would improve clarity and reduce the regulatory risk of development inherent in the inconsistent determination of parking minimums by the Zoning Administrator (Objective “G”).

2. Require that parking areas in all districts be located to the side or rear of the principal structure, or, alternatively, limit front yard parking to a depth of 36 feet with a required pedestrian safety-way, which could deemphasize motor vehicles in the rural landscape (Objective “A”) and support walkability (Objective “F”).

3. Permit more uses by right that embrace the small town character of Purcellville. Community gardens, agritourism, agricultural uses, nature preserves, cemeteries, cultural and artistic uses,

and other uses that are typical of small towns and rural landscapes should be permitted and could support Objective “A.” Furthermore, we recommend that certain building elements, such as gravel or vegetated parking areas, be allowed, as these elements enhance the small town feel.

4. Remove content-based regulations on signs.

5. Implement maximum impervious surface coverage limits in all districts to better protect water quality (Objective “D”).

6. Use complete sentences with proper subject-predicate format to improve clarity (Objective “G”).

7. Combine certain similar districts to achieve a more limited number of districts, improving overall efficiency of the code and its administration (Objective “G”).

8. Include graphics to better illustrate the meaning of certain regulations (Objective “G”).

9. Increase the use of tables in Article 4 to improve ease-of-use (Objective “G”).

10. Allow for renewable energy generation (Objective “D”).

11. Improve the clarity of criteria used to determine whether proposed buildings are “suitable” or “compatible” with surrounding development when undergoing scrutiny by the Board of Architectural Review (Objective “G”).

12. Permit a greater range of housing options in more residential districts, which could add housing options (Objective “E”), improve the sustainability of government resources (Objective “B”), decrease residential energy consumption per unit (Objective “D”), and allow for greater population in Purcellville to support local small businesses (Objective “C”).

13. Reduce lot size restrictions on multiplefamily dwellings, which could remove barriers to their development and promote housing options (Objective “E”).

14. Increase clarity on the allowable height of buildings by replacing permissive statements with prohibitive statements, such as “No building may exceed 2.5 stories, and no building may exceed 35 feet.” (Objective “G”)

15. Define all terms in one glossary chapter (Objective “G”).

16. Remove duplication of procedures and administrative language, such as penalties and violations; consolidate such administrative sections into one chapter (Objective “G”).

17. Include a map that illustrates the stream and creek buffer area and a map that demarcates sensitive areas and highly sensitive areas, which will increase the clarity and consistency of the regulations (Objective “G”).

18. Remove the term “family” from the ordinance and replace it with a politically neutral term, such as

“household.”

19. Remove reference to gendered pronouns and position titles, replacing them with “the landowner” or “the Town.”

20. Allow for electronic submission of required applications and site development plans, and requiring paper copies only as specified on the application form (Objective “G”).

Other specific comments and recommendations can be found in the Notes column of the Consistency Matrix.

GAP ANALYSES

In 2020, the Purcellville Planning Commission produced a collection of reports which summarized analyses of focus areas and presented recommendations for more effective implementation of the comprehensive plan. These reports, known as gap analyses, concentrated on the following focus areas:

Downtown North

Downtown South

East End

West End

East Main

Hirst East • Hirst West

Some of the recommendations of the gap analyses are included in the Recommendations

section of this zoning diagnostic report. Other recommendations, such as those that were highly geographically specific or those that were not able to be accomplished through zoning amendments, were not included in this report’s Recommendations section.

The following table lists the recommendations of the gap analyses and details whether each recommendation was included in this report’s Recommendations section.

FOCUS AREA RECOMMENDATION

Downtown North Discuss, predict, and if needed plan to mitigate possible impacts to the Downtown North area after the establishment of the new 7/690 on/off ramps and increased traffic to this area, to perhaps include traffic calming initiatives on 21st St to the NW as it enters this pedestrian-heavy area.

Downtown North Consider planning to include an extension of the W&OD Trail west through the southern edge of Downtown North to 28th St as part of a greater trail system extending to Franklin Park.

Downtown North Introduce regulatory language into the Zoning Ordinance reflecting the form, scale and uses that the Town would like to be applied to the Downtown North Area as a Commercial Neighborhood and Mixed Use Neighborhood scale district during any future development or redevelopment, in or near the historic areas, and where recognized historic structures are present. In particular, redevelopment opportunities should encourage structures with a less-industrial appearance.

Downtown North Determine whether form-based code approach will be used in the Downtown North Focus Area.

Downtown North Regardless of whether form-based code is used or not, enforce the protections given to historical properties such as the Dillon House.

Downtown North With the exception of the Post Office, all of Downtown North is Zoned C-4, Central Commercial. Most of Downtown North is within the Historic Overlay. Introduce into the Zoning Ordinance the form and scale expectations expressed in the Comprehensive Plan for the Downtown North Area and reconcile/adjust the uses provided in C-4 district regulations of the current Zoning Ordinance to bring it into alignment with the Comprehensive Plan.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

No (Does not directly relate to zoning)

No (Does not directly relate to planning)

Yes (Recommendation 11 relates to design approval criteria. Recommendations 12 and 13 relate to uses and form.)

No

No (Does not directly relate to zoning)

No (Recommendations to re-assign Downtown North are not included.)

Yes (Recommendation 11 relates to design approval criteria. Recommendations 12 and 13 relate to uses and form.)

FOCUS AREA RECOMMENDATION

Downtown South Introduce regulatory language into the Zoning Ordinance reflecting the form, scale and uses that the Town would like applied to the Downtown South Focus Area as a neighborhood scale mixed use district at the heart of Purcellville, in the historic corridor overlay district, and where recognized historic structures are present, as reflected in the sign on Main Street welcoming people to the “Historic Downtown Business District.”

Downtown South Use form-based zoning tools, including height limits, architectural design standards, and floor area, impervious surface and open space ratios (FAR, ISR, and OSR respectively) to identify acceptable thresholds for by right development and redevelopment compatible with the desired small town character citizens of Purcellville want to preserve in the Downtown South Focus Area. Based on a comprehensive analysis of all existing properties within the Downtown South Focus Area, use the following form-based ratios and standards as caps/limits under which development and redevelopment are permitted by right and above which development and redevelopment require public input through a legislative special use process: Building heights of two stories and 30 feet or less. (Because the mean, median and mode of existing structure heights is two stories or less and 22 feet or less in height as measured from the street of the structure’s address.).

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

Yes (Recommendation 11 relates to design approval criteria. Recommendations 12 and 13 relate to uses and form.)

No (Floor area ratios were not recommended. Open space ratios were not recommended.)

Yes (Recommendation 5 relates to impervious surface ratios. Recommendation 11 relates to design approval criteria. Recommendations 12 and 13 relate to uses and form.)

FOCUS AREA RECOMMENDATION

Downtown South Based on the concept of transection from form-based coding and reflecting the Comprehensive Plan’s Community Design section discussion of scale, where it states on p.32 that “building should be similar in size and scale to adjacent buildings,” divide the Downtown South C-4 district into two distinct spaces: a vertical mixed use area with more dense/intense building that has greater FAR, ISR and OSR reflective of the traditional downtown district around 23rd Street; and a less dense area of horizontal mixed use that blends into the adjacent neighborhoods along Hatcher Avenue in the eastern part of Downtown South.

Downtown South By right parameters for the western part of Downtown South along 23rd Street should stay within the following central tendencies: FAR of .71; ISR of .72; OSR of .26. Buildings should have gabled or flat roofs and comport to the commercial architectural styles reflected in the Community Design section of the Comprehensive Plan.

Downtown South By right parameters for the eastern part of Downtown South along Hatcher Avenue should stay within the following central tendencies: FAR of .32; ISR of .20; OSR of .27. Buildings should have gabled roofs and comport to the residential architectural styles reflected in the Community Design section of the Comprehensive Plan.

Downtown South Adopt a new historic overlay district that protects from demolition all registered historical properties located throughout the Town, including within the Downtown South Focus Area.

Downtown South Reconcile/adjust the uses provided in the C-1 and MC district regulations of the current Zoning Ordinance to bring them into alignment with the Comprehensive Plan.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

No

No (Floor area ratios and open space ratios were not recommended.)

Yes (Recommendation 5 relates to impervious surface ratios.)

No (Specific ratios were not provided in this report.)

No

No

FOCUS AREA RECOMMENDATION

East End

Incorporate into the Zoning Ordinance detailed community design rules on historic preservation, scale, architecture, setbacks, open-to-built-space ratio, impervious surface ratio, floor area ratio and density that regulate our desire to maintain small town charm.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

No (Architectural design rules were not addressed in the recommendations.)

Yes (Recommendations 1 and 2 relate to reducing vehicle use areas which deter from small town charm. Recommendation 3 relates to uses that may better maintain a small town charm. Recommendation 5 relates to impervious surface coverage. Recommendation 11 relates to design approval criteria.)

East End

East End

Create focus-area/land-use-district community design thresholds, below which development and redevelopment may occur by-right and above which development or redevelopment must go through a public special exception process.

Given the Town’s designation as a Tree City USA Community by The Arbor Day Foundation, in cooperation with USDA Forest Service and the National Association of State Foresters, incorporate into the zoning ordinance protection for healthy old-growth trees against damage and destruction during by-right development and redevelopment.

No (Recommendation 11 relates to design approval criteria.)

No (A landscape plan is required currently.)

FOCUS AREA RECOMMENDATION

East End Require a maximum impervious surface threshold in line with the green infrastructure and open and green spaces achievable through porous pavements, green roofs, infiltration basins, bio swales, rain gardens, or other natural/decentralized stormwater management features as well as pocket parks and natural buffers.

West End Introduce regulatory language into the Zoning Ordinance reflecting the form, scale and uses that the Town would like to be applied to the West End Focus Area as a neighborhood scale mixed use district at its western gateway, in the historic corridor overlay district, and where recognized historic structures are present.

West End Apply combinations of use-based and form-based zoning methods in modifying the zoning ordinances for the West End Focus Area. Since the West End Focus Area is one of the first to make its way through the Zoning Ordinance updating process, it may serve as a guideline for applying methodology to the other Focus Areas.

West End Enforce the historic protections given to the historical properties at 611 and 621 West Main Street.

West End Introduce into the Zoning Ordinance the form, and scale expectations expressed in the 2030 Comprehensive Plan for the West End Focus Area and reconcile/ adjust the uses provided in the C-1 and MC district regulations of the current Zoning Ordinance to bring it into alignment with the Comprehensive Plan.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

Yes (Recommendation 5 relates to impervious surface coverage.)

Yes (Recommendation 11 relates to design approval criteria. Recommendations 12 and 13 relate to uses and form.)

No

No

No

FOCUS AREA RECOMMENDATION

East Main Incorporate into the Zoning Ordinance detailed community design rules on historic preservation, scale, architecture, setbacks, open-to-built-space ratio, impervious surface ratio, floor area ratio, and density that regulate our desire to maintain small town charm.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

No (Architectural design rules were not addressed in the recommendations.)

Yes (Recommendations 1 and 2 relate to reducing vehicle use areas which deter from small town charm. Recommendation 3 relates to uses that may better maintain a small town charm. Recommendation 5 relates to impervious surface coverage. Recommendation 11 relates to design approval criteria.)

East Main Create focus-area/land-use-district community design thresholds, below which development and redevelopment may occur by-right and above which development or redevelopment must go through a public special exception process.

East Main Pass a historic overlay ordinance to prevent demolition of historically contributing structures and facilitate Certified Local Government program entry.

East Main Given the Town’s designation as a Tree City USA Community by The Arbor Day Foundation, in cooperation with USDA Forest Service and the National Association of State Foresters incorporate into the zoning ordinance protection for healthy old-growth trees against damage and destruction during by-right development and redevelopment.

No (Recommendation 11 relates to design approval criteria.)

No (Outside of zoning ordinance)

No (A landscape plan is required currently.)

FOCUS AREA RECOMMENDATION

East Main Require a maximum impervious surface threshold in line with the green infrastructure and open and green spaces achievable through porous pavements, green roofs, infiltration basins, bioswales, rain gardens, or other natural/decentralized stormwater management features as well as pocket parks and natural buffers.

East Main Enforce neighborhood scale commercial community design parameters reflecting the Comprehensive Plan, by bounding scale, impervious surfaces/green infrastructure, architectural traits, floor area ratio, open space ratio, parking and uses to those consistent with existing development to the south of Main Street, west of Maple Avenue and areas 2, 3, 4 and 9 (i.e. Area to Sustain) based on the median, mean, mode or other thresholds.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

Yes (Recommendation 5 relates to impervious surface coverage.)

East Main Allow by-right development or redevelopment below/ within agreed parameters reflective of the areas to sustain and model for neighborhood scale commercial areas. Require a public special use/exception process for appeals to develop or redevelop at community design traits beyond the threshold for the expressly desired tendency reflected in the newly adopted Comprehensive Plan.

East Main Allow by-right development or redevelopment below/ within the parameters for small town commercial medium scale. Require a public special use/exception process for appeals to develop or redevelop at community design levels that exceed the thresholds, such as 35,000 sq ft maximum reflected in the newly adopted Comprehensive Plan.

No (FAR and OSR are not addressed by the recommendations.)

Yes (Recommendations 1 and 2 relate to parking and loading space parameters. Recommendation 5 relates to impervious surface coverage. Recommendation 11 relates to design approval criteria.)

No (Recommendation 11 relates to design approval criteria.)

No (Recommendation 11 relates to design approval criteria.)

FOCUS AREA RECOMMENDATION

East Main Include all remaining recognized historic buildings in the East Main Focus Area into a new town-wide historic overlay district to be incorporated into the Zoning Ordinance.

East Main Use similar scale buildings and use-types to transition from surrounding neighborhoods, with the anchor for such transitions being the smaller scale buildings.

Hirst East Create and adopt a design standards manual with clear enforceable regulations and clear designation of actors responsible for enforcing the standards.

Hirst East When development occurs in this Focus Area, use forms most reflective of the Town’s historical and architectural character.

Hirst East Introduce regulatory language into the Zoning Ordinance reflecting the form, scale and uses that the Town would like to be applied to the Hirst East Focus Area as an Industrial Business, Commercial Neighborhood Scale and Professional Office district during any future development or redevelopment. In particular, development and redevelopment opportunities should encourage structures with a less-industrial appearance.

Hirst East Determine whether form-based code approach will be used in the Hirst East Focus Area.

Hirst East Evaluate each area’s “is like” statement and review how the new Comp Plan relates to existing uses and ZO to assure that new ZO uses accurately reflect the intent of the Comp Plan.

Hirst East Make ZO adjustments reflecting the guiding statement from the Comp Plan that Hirst East, “should be developed with green and open spaces, as well as some commercial, office, and light industrial uses that are compatible with the Town’s character.”

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

No

No

Yes (Recommendation 11 relates to design approval criteria.)

Yes (Recommendation 11 relates to design approval criteria.)

No

No

Yes (Recommendation 11 relates to design approval criteria and the terms “suitable” and “compatible”.)

No (Open space ratio is not addressed in the recommendations.)

FOCUS AREA RECOMMENDATION

Hirst East Understand and share among PC, TC, and citizens the approval process which specifies Town and County approval items.

Hirst East Create firm trail, slope, tree ZO sections and specifications, floodplain regulation, land regulations related to limits on soil moving, drainage, flood plains, wetlands, RPA’s, erosion and sediment control regs, & pro rata share, if permitted.

Hirst East Allow for some/most of the existing office (in Area 3), 1-2 story neighborhood commercial based on design standards in compliance with town character, and light industrial uses as permitted uses, require special permits, special exception for uses that exceed form, size, design, lot size requirements, bulk regulations that exceed the established thresholds.

Hirst East Consider adopting into our ZO the “zero-rise” floodplain regulation in existence for the County.

Hirst East Adopt landscaping buffering regulations including fences and vegetation.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

Yes (Recommendation 11 relates to design approval criteria.)

No (The current zoning ordinance includes regulations for many of these features.)

Yes (Recommendation 3 addresses uses.)

Hirst East Adopt parking lot landscaping, lighting, and screening specifications with adjustments available based on site conditions. A building and parking located adjacent to the wooded floodplain is not screening even if 100’-200’ wide. If available a waiver/modification process should be worked through by the PC. Lighting specifications and realistic alternatives should be detailed as examples. Landscape buffering regulations including fences and added vegetation in wooded areas might be helpful.

Hirst East Update and enforce parking regulations to prevent over parking at sites.

No

No (Landscaping buffering regulations already exist in the zoning ordinance.)

No (Landscaping, lighting, and screening requirements already exist in the zoning ordinance.)

Yes (Recommendations 1 and 2 relate to parking requirements.)

FOCUS AREA RECOMMENDATION

Hirst East

Create a landscape regulation for parking lots that enhances a breakup view but not just rows of pines. Create landscape/screening regulations that are viable and can be adjusted to site conditions always helping adjacent properties.

Hirst East Consider including the older home in the area for its historical contribution and consider including it in the new Historic District.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

No (Parking lot landscaping requirements already exist in the zoning ordinance.)

No

Hirst East Create trail and bike sections to ZO or design manual. No

Hirst East Update ZO to protect the stream corridor. No (Stream buffers already exist in the zoning ordinance.)

Hirst East Incorporate into ZO all environmental resource recommendations from pp. 84-85 of the Comp Plan if applicable to development on Hirst East. Incorporate these generally into ZO if advised legal or in a Town PFM. If Town does not want to take on all PFM and leave County with that control then create a separate document enforceable in Town.

Hirst East Include Cultural Resource uses on p. 90 of the Comp Plan and add uses 5&6 with specific instructions to amend ZO referencing Cultural Resources and Artist spaces.

Hirst East The areas are listed as Neighborhood Scale Commercial (Area 1), Industrial Business (Area 2) and Professional Office (Area 3). None of the residential uses from p.92 of the Comp Plan should apply to Hirst East unless the PC and TC makes an explicit decision to focus on residential uses in the Hirst East area through a Comp Plan amendment altering the Guiding Statement and area descriptions from p. 71 of the Comp Plan and unless such a decision reflects the concerns about traffic congestion.

No (A watershed protection zone is not included in the recommendations.)

Yes (Recommendation 5 addresses impervious surface coverage.)

Yes (Recommendation 3 addresses uses.)

No

FOCUS AREA RECOMMENDATION

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

Hirst East Incorporate Economic Development recommendations applicable to neighborhood commercial, industrial business and professional office uses from p.95 of the Comp Plan into the Hirst East area where appropriate. Yes (Recommendations 1 and 2 relate to parking and loading requirements, which could reduce overhead expenses for small businesses. Recommendations 12 and 13 relate to housing density, which could support local business.)

Hirst East Evaluate and implement Roadway and Vehicular infrastructure recommendations on p.99 of the Comp Plan into ZO.

Hirst East Incorporate in ZO Trail and Bike routes as shown on pp. 101-102 of Comp Plan.

Hirst West Since no additional lots are currently vacant in this focus area our goal as a town should be maintaining the businesses and the services they provide as well as their contribution to our economic base.

No

Hirst West Any redevelopment that occurs should reflect the architectural design standards reflective of the small town character captured in the Community Design section of the new Comprehensive Plan (v7.5 pp. 3140). This would include increased landscaping and tree planting.

Hirst West The new Zoning Ordinance (ZO) that applies to the Hirst West focus area should tighten the zoning uses for CM-1 currently approved for this area.

No

Yes (Recommendations 1 and 2 relate to parking and loading requirements, which could reduce overhead expenses for small businesses. Recommendations 12 and 13 relate to housing density, which could support local business.)

Yes (Recommendation 11 relates to design approval criteria. Landscaping standards already exist in the zoning ordinance.)

No

FOCUS AREA RECOMMENDATION

Hirst West The following use changes reflect the 2030 Comprehensive Plan recommendations and community input (v7.5 pp. 68-69) as stated below. Current Comprehensive Plan has this vision for this area (highlights:)

The town’s primary industrial park for a larger footprint and “some” outdoor uses.

Only incremental changes.

Maintaining the South Fork of the Catoctin Creek in its natural state.

Improve architectural designs.

Promote trail and sidewalk connections to W&OD hike and bike trail as well as towards the downtown.

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

Work to retain existing businesses. No

FOCUS AREA RECOMMENDATION

Hirst West The following are specific Use Change recommendations (additions/amend) to the ZO in bold parentheses with [suggested reasoning] for the change in brackets.

Communication Tower (Eliminate) [Removes revenue from town]

Brewery, winery or distillery (From P to SUP) [noise, proximity to neighborhood, hours of operation.]

Drive-thru Facility (Eliminate) [Traffic]

Eating Establishment — greater/lesser than 6,000 sq. ft. (Eliminate) [Traffic]

Hotel (Eliminate) [Not supportive of designation]

Kennel (Eliminate) [Noise]

Outdoor Storage Unit (SUP) [Neighborhood input]

Parking Lot (From P to SUP) [generates too much traffic]

Petroleum, propane, etc. (Eliminate) [One is enough, dangerous]

Playground (Eliminate) [Not supportive of designation]

Recreational facility, Commercial indoor, less or Equal to 10K square feet (From P to SUP) [traffic, noise, public input]

INCLUDED IN THIS ZONING DIAGNOSTIC REPORT?

Yes (Recommendation 3 relates to uses that better support a small town charm, although it does not list all uses found in the Hirst West gap analysis recommendations.)

CONSISTENCY MATRIX

The consistency matrix provides an assessment of the consistency of each provision with the objectives. It is included as an addendum to this report.

Code Sections

Article 1: Title, Application, Purpose, Interpretation

Section 1. Title

Section 2. Application.

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

This section is a necessary component and does not interfere or promote any of the objectives.

This section is a necessary component and does not interfere or promote any of the objectives.

Objective A: Article 1 Section 3 lists "to protect against destruction of or encroachment upon historic resources" as a purpose of the zoning ordinance, which helps promote Objective A.

Objective B: Article 1 Section 3 lists "to facilitate the provision of adequate public utilities, public services and other public facilities" as a purpose of the zoning ordinance, which helps promote Objective B.

Objective E: Article 1 Section 3 fails to mention promoting housing options in the purpose of the zoning ordinance.

Section 3. Purpose.

Section 4. Interpretation.

Article 2: Districts and District Maps

Section 1. Establishment of districts.

!

Objective F: Article 1 Section 3 mentions "for convenience of access and of traffic" in the purpose of the zoning ordinance, but it fails to mention pedestrian safety.

This section is a necessary component and does not interfere or promote any of the objectives.

Objective G: Article 2 Section 1 establishes 14 districts, which may unnecessarily add complexity to the zoning ordinance. We recommend consolidating zoning districts in order to increase the efficiency of the law.

Section 2. Establishment of district map.This section is a necessary component and does not interfere or promote any of the objectives.

Section 3. Annual revision of zoning map.This section is a necessary component and does not interfere or promote any of the objectives.

Section 4. Information copies of zoning district map.This section is a necessary component and does not interfere or promote any of the objectives.

Section 5. Interpretation of district boundaries.

Objective G: Article 2 Section 5 lists the uses and lot standards for property that is not shown as being in a zoning district. While this specificity improves clarity, it is inefficient. We recommend simply stating that all land not shown as being in a zoning district be temporarily assigned to the R-T single-family residential district and subject to all regulations in that district.

Section 6. Interim zoning of annexation areas.This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

Article 3: General Provisions

Section 1. Conformance with regulations required.

Section 2. Location of a lot required.

Section 3. Street frontage required.

Section 4. Encroachment; reduction of lot area.

Section 5. Accessory buildings; prior construction and use.

Section 6. Use of certain facilities for dwelling not permitted.

Section 7. Uses not permitted are prohibited.

Section 8. Home occupations.

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

+ Objective G: Article 3 Section 1 is clear and concise in establishing that no building shall be used or erected unless in conformity with the zoning ordinance.

+ Objective G: Article 3 Section 2 is clear and concise in establishing that every building must be located on a lot.

+ Objective G: Article 3 Section 3 is clear and concise in establishing that every lot with a residential use must front a street.

+ Objective G: Article 3 Section 4 is clear and concise.

+ Objective G: Article 3 Section 5 is clear and concise.

! Objective G: Article 3 Section 6 uses terms such as "travel trailers," "campers," and "motor homes," but the zoning ordinance does not define such terms in the glossary. We recommend defining all terms that are important to the efficacy of regulations.

+ Objective G: Article 3 Section 7 is clear and concise.

+ Objective C: Article 3 Section 8 allows for home occupations, which may increase the viability of small businesses in Purcellville, supporting Objective C.

Section 9. Construction trailers.This section is a necessary component and does not interfere or promote any of the objectives.

Section 10. Structure/building(s) built on more than one lot.This section is a necessary component and does not interfere or promote any of the objectives.

Section 11. Payment of delinquent taxes as a requisite for any application decision required by the zoning ordinance.This section is a necessary component and does not interfere or promote any of the objectives.

Section 12. Temporary family health care structures.

! Objective G: Article 3 Section 12 includes definitions for caregiver, mentally or physically impaired person, and temporary family health care structure. Defining these terms improves the clarity of the zoning ordinance, but we recommend listing these definitions only in the glossary to improve the ordinance's organization.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Section 13. Resolution of any outstanding zoning ordinance violations and/or building code, health regulations or any other applicable state or county regulation.This section is a necessary component and does not interfere or promote any of the objectives.

Section 14. Special provisions for corner lots.

+ Objective G: Article 3 Section 14 describes the area of a site triangle, and it uses graphics to illustrate the regulation, which improves clarity.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Objective A: Article 4 Section 1 prohibits cemetery uses in all districts, which may deter from the small town character of Purcellville.

Objectives A and D: Article 4 Section 1 prohibits community gardens in most districts, which could deter from environmental sustainability and the small town feel of Purcellville. We recommend allowing community gardens in all districts.

Objective D: Article 4 Section 1 does not allow nature preserves except in one district, which may impair Objective D: promote environmental sustainability. We recommend allowing nature preserves in every district.

Objective E: Article 4 Section 1 does allow for a diverse range of housing types, some permitted only in certain districts, which may improve the housing options in Purcellville.

Objective E: Article 4 Section 1 requires a minimum area of two acres for a multiple-family dwelling and a maximum density of 15 dwelling units per acre, which may reduce housing options in Purcellville. We recommend reducing the restrictions on multi-family dwellings to increase housing diversity.

Objective E: Article 4 Section 1 requires a minimum project area of two acres, minimum unit areas of 1,200 square feet, and a minimum of six dwellings for single-family attached dwellings. These requirements may reduce the viability of developing single-family attached dwellings and may reduce the diversity of housing options in Purcellville.

Objective G: Article 4 Section 1 uses a table to set forth the permitted uses for each district. A table is a clear and efficient way to present information to the reader.

Objective G: Article 4 Section 1 uses a table to set forth the permitted uses for each district, but it does not list the full title of each district in the header row. We recommend spelling out the full title of each district to improve ease-of-use.

Note: Churches and other places of worship must be permitted in all districts that allow other types of congregation, in compliance with the Religious Land Use and Institutionalized Persons Act.

Code Sections

Section 2. R-2 Single-family residential district.

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 3. R-3 Duplex residential district.

Section 3A. R-3A Historic office/residential district.

Notes

Objective G: Article 4 Section 2 lists standards for the single-family residential district (R-2). We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective G: Article 4 Section 2.8 requires that buildings may be erected "up to 2.5 stories and 35 feet in height" but does not specify "whichever is less tall." We recommend clarifying this regulation.

Objective G: Article 4 Section 3 lists standards for the duplex residential district (R-3). We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective G: Article 4 Section 3.8 requires that buildings may be erected "up to 2.5 stories and 35 feet in height" but does not specify "whichever is less tall." We recommend clarifying this regulation.

Objective A: Article 4 Section 3A.1 describes the purpose of the R-3A district as encouraging development "compatible with the historic character of the area…" which supports Objective A.

Objectives A and F: Article 4 Section 3A.4 requires that off-street parking be located to the rear or side of the structure, which promotes a small town feel and walkability.

Objective F: Article 4 Section 3A.7 requires only 10-foot setbacks for structures in the R-3A District, which encourages walkability.

Objective G: Article 4 Section 3A lists standards for the R-3A District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective G: Article 4 Section 3A.9 has confusing language about the permitted height of accessory structures. We recommend clarifying the language to improve ease-of-use of the zoning ordinance.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Objective G: Article 4 Section 4 lists standards for the R-8 District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective G: Article 4 Section 4.5 and 4.6 refers the reader to the R-3 District regulations (in Article 4 Section 3) in order to regulate the lot size standards and setback standards for the R-8 District. This reference leads to a less user-friendly zoning ordinance. We recommend listing the regulations for each district without relying on references to other districts.

Objective G: Article 4 Section 4.5 requires that, for single family attached dwellings (townhouses), the minimum lot area is 2,000 square feet, "not to exceed eight units per acre." This regulation is confusing, as eight units at 2,000 square feet each is 16,000 square feet, or about 1/3 of an acre. Would building eight units on 16,000 square feet be a violation of the zoning ordinance? We recommend adding clarity to this section to better support Objective G.

Section 4. R-8 Townhouse residential district.

5.

Objective G: Article 4 Section 4 requires that buildings may be erected "up to 2.5 stories and 35 feet in height" but does not specify "whichever is less tall." We recommend clarifying this regulation.

Objective G: Article 4 Section 5 lists standards for the R-15 District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective G: Article 4 Section 5.5 and 5.6 refers the reader to the R-3 District regulations (in Article 4 Section 3) in order to regulate the lot size standards and setback standards for the R-15 District. This reference leads to a less user-friendly zoning ordinance. We recommend listing the regulations for each district without relying on references to other districts.

Objective G: Article 4 Section 5.5 requires that, for single family attached dwellings (townhouses), the minimum lot area is 2,000 square feet, "not to exceed eight units per acre." This regulation is confusing, as eight units at 2,000 square feet each is 16,000 square feet, or about 1/3 of an acre. Would building eight units on 16,000 square feet be a violation of the zoning ordinance? We recommend adding clarity to this section to better support Objective G.

Objective G: Article 4 Section 5.5 reads "Multiple-family dwellings public water and public sewerage required:" and "Other uses same as for single-family detached dwelling..." These sentences are missing predicates for their subjects. We recommend phrasing all sentences with appropriate subject-predicate grammar structure.

Objective G: Article 4 Section 5 requires that buildings may be erected "up to 2.5 stories and 35 feet in height" but does not specify "whichever is less tall." We recommend clarifying this regulation.

Section
R-15 Apartment residential district.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 6. C-1 Office commercial district.

Section 7. MC Mixed commercial district.

Notes

Objective A: Article 4 Section 6 limits building coverage to 40 percent of the lot area in the C-1 District, which may encourage a small town, rural character.

Objective D: Article 4 Section 6 requires a stream buffer, which may support Objective D and improve the water quality of streams in Purcellville.

Objective G: Article 4 Section 6 lists standards for the C-1 District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective A: Article 4 Section 7 requires design review for developments in the MC District, which could promote historically appropriate design and neighborhood aesthetics.

Objective A: Article 4 Section 7 limits building coverage to 40 percent of the lot area in the MC District, which may encourage a small town, rural character.

Objective A: Article 4 Section 7 requires landscaped open space of 15-25%, depending on the lot size, which may encourage neighborhood aesthetics and promote a small town feel.

Objective F: Article 4 Section 7 requires only 10-foot setbacks for structures in the MC District, which encourages walkability. Furthermore, it requires that parking shall be screened from view, which further improves the pedestrian experience.

Objective G: Article 4 Section 7 lists standards for the MC District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective C: Article 4 Section 9 does not establish minimum lot sizes in the C-4 District, which allows for small businesses to start up on small, less expensive lots. Furthermore, the C-4 District does not require front, side, or rear setbacks, which allows small businesses to take advantage of the entirety of small lots.

Objective F: Article 4 Section 9 limits the front yard depth to 15 feet, which encourages walkability.

Objective F: Article 4 Section 9 requires that parking lots be located to the side or rear of the principal structure, which encourages walkability.

Objective G: Article 4 Section 9 lists standards for the C-4 District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Section 9. C-4 Central commercial district.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 10. CM-1 Local service industrial district.

Section 11. M-1 Limited industrial district.

12.

Notes

Objective C: Article 4 Section 10 does not establish minimum lot sizes in the CM-1 District, which allows for small businesses to start up on small, less expensive lots.

Objective F: While Article 4 Section 10 does require that refuse containers and refuse storage be hidden from general public view, it does not require that parking be located to the side or rear of the principal structure, and, therefore, it does not benefit the pedestrian experience.

Objective G: Article 4 Section 10 lists standards for the CM-1 District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective D: Article 4 Section 11 requires that a list of all hazardous materials and chemicals shall be provided at the time an occupancy permit is applied for, which could assist the City in more appropriately responding to a disaster and reducing the chances that hazardous materials are released into nearby waterways or the atmosphere.

Objective G: Article 4 Section 11 lists standards for the M-1 District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective A: Article 4 Section 12 allows for a density bonus for the PDH District if high quality design features or restoration of historic structures is implemented. This regulation supports Objective A: encourage historically appropriate design and neighborhood aesthetics.

Objective D: Article 4 Section 12 requires 25-35 percent of each PDH district to be reserved as open space, which could increase stormwater infiltration and benefit water quality in nearby surface waters.

Objective E: Article 4 Section 12 allows the PDH District to promote housing diversity in that it does not require a minimum lot width or a minimum lot area for dwelling units.

Objective G: Article 4 Section 12 lists standards for the PDH District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Section
PDH Planned development housing district.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 13. X Transitional district.

Section 14. IP Institutional and public use district.

Notes

Objective G: Article 4 Section 13 lists standards for the X District. We recommend using tables to increase efficiency and ease-of-use of the zoning ordinance.

Objective G: Article 4 Section 13 includes incomplete sentence structure in "Other uses same as for single-family detached dwelling or as specified in the district regulations" and again with "Other principal structures same as single-family detached dwelling or as required in the district regulations." We recommend rephrasing these regulations to improve clarity.

Objective G: Article 4 Section 13 requires that buildings may be erected "up to 2.5 stories and 35 feet in height" but does not specify "whichever is less tall." We recommend clarifying this regulation.

Objective G: Article 4 Section 13.7 includes confusing language in part 1.b., where "The height limit for dwellings may be increased up to 45 feet and up to three stories provided there are two side yards for each permitted use each of which is at least 15 feet plus one foot or more for each side yard for each additional foot of building height over 35 feet..." We recommend including a graphic to illustrate this regulation and improve ease-of-use of the zoning ordinance.

Objective A: Article 4 Section 14 establishes design guidelines for developments in the IP District, such as screening with fences, walls, hedges, or plantings; cohesive appearance of multiple buildings within a development; variation of building massing; human scale development; underground utilities; and four-sided architectural finishes. These regulations help to promote Objective A and neighborhood aesthetics.

Objective F: Article 4 Section 14 requires that parking lots be screened from view, which improves the pedestrian experience.

Objective G: Article 4 Section 14.6 requires that front yards adjacent to a residential district shall have a setback equal to the setback of the adjoining residential district, but it does not specify if the requirement applies when residential districts are adjacent but separated by a street, or if the requirement applies to adjacent residential districts to the side of the lot in question. We recommend that a graphic is added to help clarify this regulation.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.

ObjectiveE:Promotediversehousingoptions.

ObjectiveF:Promotewalkability.

ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 15: AC Agricultural conservancy/commercial district.

Notes

Objective A: The purpose statement of the AC District (Article 4 Section 15) lists "enhance the historical character of the town," "conserves open land around the town's periphery, including those areas containing historic resources or sensitive natural features such as woodlands, prime farmland, steep slopes, streams, floodplains and wetlands." This purpose supports Objective A and promotes the small town feel of Purcellville.

Objective A: Article 4 Section 15 allows for gravel parking pads, but only for lots that are used no more than four days per month. Furthermore, only up to 50% of parking spaces for special use permit uses may be paved with reinforced grass paver blocks or porous paving material. This regulation detracts from the small town feel of Purcellville, as grass or gravel parking areas are characteristic of small towns and rural areas.

Objective A: Article 4 Section 15 includes many design standards that help to maintain the small town feel in Purcellville, such as maintaining open space.

Objective D: Article 4 Section 15 establishes the purpose of the AC District and includes protecting sensitive natural features from development, protecting productive agricultural soils, and reducing erosion and sedimentation by the retention of existing vegetation. These goals support Objective D and the protection of the environment.

Objective D: Article 4 Section 15 allows for conservation subdivisions, which help preserve land as open space, benefiting the environment. However, Greenbelt Open Space does not include prairie, wetland, or woodlands as permitted uses, which detracts from the environmental benefit of the conservation development. Furthermore, the zoning ordinance limits porous pavement to only 50% of the parking lot area for special use permit uses.

Objective E: Article 4 Section 15 allows for conservation subdivisions, which offers increased diversity in housing options while also maintaining the small town feel of Purcellville.

Objective G: Article 4 Section 15 does not specify whether the building heights listed are maximums. We recommend including the word "maximum" in these regulations.

Objective G: Article 4 Section 15 lists building standards. These standards could be more efficiently listed using an easy-to-use table

Code Sections

Article 5: Nonconformities

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Section 1. Nonconforming use may be continued.This section is a necessary component and does not interfere or promote any of the objectives.

Objective G: Article 5 Section 2 includes confusing language in "A use that is accessory or incidental to a permitted principal use cannot be made the basis for a nonconforming principal use." We recommend rephrasing the sentence to improve clarity.

Section 2. Nonconformities. !

Objective G: Article 5 Section 2 includes an inconsistency in that it allows a nonconforming use to be extended throughout any portion of a building that was manifestly arranged to accommodate such use at the time, but it then says that a nonconforming use may only be enlarged, increased, or extended to occupy a greater area of land if the increase does not result in an increase in nonconformity. We recommend adding clarity to eliminate this inconsistency.

Section 3. Buildings nonconforming in height, yard area, or bulk.This section is a necessary component and does not interfere or promote any of the objectives.

Section 4. Discontinuance of nonconforming use.This section is a necessary component and does not interfere or promote any of the objectives.

Section 5. Destruction of nonconformities.This section is a necessary component and does not interfere or promote any of the objectives.

Section 6. Intermittent use. This section is a necessary component and does not interfere or promote any of the objectives.

Section 7. Existence of a nonconforming use.This section is a necessary component and does not interfere or promote any of the objectives.

Section 8. Nonconforming lots.This section is a necessary component and does not interfere or promote any of the objectives.

Section 9. Nonconforming lots-eminent domain.This section is a necessary component and does not interfere or promote any of the objectives.

Section 10. Nonconforming signs.

!

Objective G: Article 5 Section 10 does not provide clarity on the ability of the owner of a nonconforming sign to conduct repairs to the sign. We recommend the addition of such clause.

Section 11. Nonconforming dwellings in commercial and industrial districts.This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

Article 6: Supplementary Regulations

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Section 1. Off-street parking requirements.

Objective C: Article 6 Section 1 supports small businesses in that it allows for variable parking space requirements, reductions in parking space requirements if the site is in the vicinity of a public bus shelter or shared parking lot, and small minimum parking space dimensions.

Objective D: Article 6 Section 1 identifies conserving natural resources as a purpose of the off-street parking requirements section, supporting Objective D.

Objective D: Article 6 Section 1 allows for shared parking, which reduces the overall parking area and decreases stormwater runoff from parking areas.

Objective D: Article 6 Section 1 requires that parking spaces are at least 18 feet by 9 feet, which is smaller than some cities, which require that parking spaces be a minimum of 20 feet by 10 feet. This smaller footprint means less stormwater runoff per parking space, and improved water quality.

Objective D: Article 6 Section 1 allows for porous pavement, grasscrete, and other pervious materials only when approved by the zoning administrator. We recommend that these environmentally friendly paving materials be allowed by right.

Objective D: Article 6 Section 1 requires that off-street parking facilities be constructed so that they drain water, but it does not require that rain gardens or other green infrastructure be used to capture stormwater runoff from parking areas. We recommend that low impact design (LID) elements be included in the zoning ordinance.

Objective D: Article 6 Section 1 requires interior and perimeter landscaping around parking areas, which decreases heat island effects in urbanized areas.

Objective F: Article 6 Section 1 exempts certain existing buildings in the C-4 zoning district from off-street parking requirements, promoting walkability.

Objective F: Article 6 Section 1 requires that pedestrian walkways be constructed between building entrances, streets, parking areas, and adjacent buildings.

Objective G: Article 6 Section 1 is unclear about how many parking spaces are required per lot or per use, and it increases the regulatory risk of development by giving all power to determine the minimum number of parking spaces to the Zoning Administrator. We recommend establishing clear requirements for off-street parking or eliminating off-street parking requirements altogether.

Code Sections

Section 2. Off-street loading requirements.

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

+

Section 3. General sign regulations.

Section 4. Supplementary height, area, and bulk regulations.

Notes

Objective G: Article 6 Section 2 sets forth off-street loading requirements in an easy-to-use table format.

Objective G: Article 6 Section 3 provides an effective graphic to illustrate halo-lit (reverse channel) signs.

Objective G: Article 6 Section 3 includes definitions related to signs. We recommend consolidating all definitions into the glossary section, Article 15.

Objective G: Article 6 Section 3 includes incomplete sentences which lack clarity. For instance, it reads, "Maximum number of signs permitted per zoning lot. Generally, two signs per lot, no two signs may be the same sign type unless otherwise exempted in this article. One freestanding or monument sign per lot frontage..." We recommend using complete sentences to improve clarity.

Objective G: Article 6 Section 3 is very long and cumbersome. We recommend revising the sign code to increase efficiency and ease-ofuse.

Note: The sign regulations make reference to on-premise and off-premise signs. We recommend that, to remain in compliance with Reed v. Gilbert, reference to on- or off-premise advertisement be removed from the zoning ordinance. Furthermore, all reference to permitted content should be omitted from this zoning ordinance.

Objective G: Article 6 Section 4 describes supplementary regulations for accessory buildings and structures. There are other regulations for accessory buildings and structures (and uses) in Article4 Section 1. We recommend consolidating these regulations into one section.

Objective G: Article 6 Section 4 provides clarity on the methodology for measuring building height, and it includes helpful illustrations.

Objective G: Throughout the zoning ordinance, the terms principal building, primary building, and main building are used interchangeably. We recommend revising the zoning ordinance and being consistent with the use of principal building.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Objective A: Article 6 Section 5 allows for cluster subdivisions in all residential districts, which could promote the preservation of historic resources. Furthermore, it requires that cluster subdivisions be designed to promote harmonious relationships with surrounding adjacent and nearby developed properties, which could help coordinate neighborhood aesthetics.

Objective B: Article 6 Section 5 allows for cluster subdivisions, which may concentrate homes along shorter streets and utility lines, increasing the sustainability of the delivery of government services.

Objective D: Article 6 Section 5 allows for cluster subdivisions in all residential districts, which could encourage permanent reservation of open space.

Section 5. Cluster subdivisions.

Objective G: Article 6 Section 5 introduces cluster subdivisions, but the zoning ordinance is unclear about the difference between cluster subdivisions, conservation lots, and conservancy subdivisions. We recommend making the distinction between these terms clear. Section 8. Performance standards.This section is a necessary component and does not interfere or promote any of the objectives.

Objective A: Article 6 Section 9 establishes lighting requirements with the express goal of protecting and retaining the established character of the town, supporting Objective A.

Objective F: Article 6 Section 9 prohibits outdoor lighting that may present a hazard to drivers or pedestrians, supporting Objective F.

Objective G: Article 6 Section 9 provides clarity by defining terms related to outdoor lighting. However, we recommend moving all terms and definitions to the definitions section, Article 15.

Section 9. Lighting requirements.

Objective G: Article 6 Section 9 is cumbersome in its length and complexity. We recommend improving the efficiency of the zoning ordinance by revising Section 9 and decreasing its length and complexity.

Code Sections

Article 7: Landscaping, Buffering, and Open Space Regulations

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 1. General regulations.

Section 2. Resource management.

Notes

Objective A: Article 7 Section 1 expresses the purpose of the landscaping, buffering, and open space regulations to "facilitate the creation of an attractive environment," supporting Objective A.

Objective D: Article 7 Section 1 expresses the purpose of the landscaping, buffering, and open space regulations as improving the "quality of the physical environment of the community" and conserving natural resources, including the protection of ground and surface waters and the stabilization of soil. This purpose supports Objective D.

Objective G: Article 7 Section 1 builds in flexibility in the regulations of landscaping, buffering, and open space. While flexibility is good for addressing diverse environments and conditions, it adds to the regulatory risk of development in Purcellville. We recommend instituting clear and predictable regulations for landscaping, buffering, and open space.

Objective A: Article 7 Section 2 expresses the purpose of the resource management regulations to improve "the quality of the physical environment of the community," supporting Objective A.

Objective B: Article 2 Section 2 protects existing tree cover, which may lead to reduced stormwater flows and less expensive maintenance of the stormwater conveyance system, leading to more sustainable delivery of government services.

Objective D: Article 7 Section 2 expresses the purpose of the resource management regulations as improving the "quality of the physical environment of the community" and conserving natural resources, including the protection of ground and surface waters and the stabilization of soil. This purpose supports Objective D.

Objective D: Article 7 Section 2 requires that existing tree cover "shall be preserved to the fullest extent possible," which will benefit the environment of Purcellville.

Objective F: Article 7 Section 2 requires the preservation of existing tree cover, which improves the pedestrian experience and supports Objective F.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Objective A: Article 7 Section 3 describes the "creation of an attractive environment" as a key purpose of the streetscaping regulations.

Objective B: Article 7 Section 3 requires that streetscaping be provided in the public right-of-way by private landowners, which reduces the expense to the government of providing this public service.

Objective D: Article 7 Section 3 regulates streetscaping, which has the potential to provide habitat, reduce stormwater flows, and decrease the heat island effect of urbanized areas.

Objective F: Article 7 Section 3 regulates streetscaping, which enhances the pedestrian experience and improves walkability in Purcellville.

Section 3. Streetscaping.

Section 4. Buffering requirements.

Objective G: Article 7 Section 3 fails to use complete sentences when describing the minimum number of street trees per 40 feet of street frontage. To improve clarity, we recommend using complete sentences throughout the zoning ordinance.

Objective A: Article 7 Section 4 sets forth buffering requirements, which may reduce the impacts of one land use on an adjacent land use and may help preserve the small town feel of Purcellville.

Objective D: Article 7 Section 4 requires bufferyards between certain zoning districts and uses, which could increase habitat area in Purcellville and enhance the environmental quality.

Objective G: Article 7 Section 4 defines key terms related to bufferyards. While defining terms is important in providing clarity, we recommend consolidating all terms in the definitions section, Article 15.

Objective G: Article 7 Section 4 uses tables to set forth buffer requirements. Tables are efficient and easy to use.

Objective B: Article 7 Section 6 allows for shorter trees to be planted as part of a bufferyard when overhead utilities are present, which may reduce the governmental expense of tree trimming to deliver public services, such as electricity and telecommunications.

Section 6. Design standards.

Objective G: Article 7 Section 6 provides clear guidelines on the selection, placement, and maintenance of landscaping vegetation. Section 7. Open space regulations.This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

Article 8: Special Use Permits and Commission Permits

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Objective A: Article 8 Section 1 sets forth regulations for special uses. The planning judgment on location and site plan regarding special uses may help preserve the small town character of Purcellville.

Section 1. Special use permit.

Objective G: Article 8 Section 1 clearly states the criteria for approval of a special use permit. Furthermore, it clearly describes the process of applying for a special use permit.

Section 2. Commission permits.This section is a necessary component and does not interfere or promote any of the objectives.

Article 9: Board of Zoning Appeals

Section 1. Composition.

Section 2. Organization.

Section 3. Procedure.

Section 4. Powers.

Section 5. Special exceptions.

Section 6. Variances.

This section is a necessary component and does not interfere or promote any of the objectives.

This section is a necessary component and does not interfere or promote any of the objectives.

This section is a necessary component and does not interfere or promote any of the objectives.

This section is a necessary component and does not interfere or promote any of the objectives.

Objective A: Article 9 Section 5 allows the board to grant a special exception permit if the proposed establishment will not "impair the character of the district or adjacent districts," a regulation which could help preserve Purcellville's small town character.

Objective B, D, and F: Article 9 Section 5 does not list the sustainability of the delivery of government services, the protection of the environment, or walkability as factors that the board of zoning appeals must consider when granting a special exception permit. We recommend including the sustainable delivery of government services, the protection of the environment, and walkability as criteria for the approval of special exception permits.

Objective A: Article 9 Section 6 allows the board to grant a variance only if the proposed development "will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance." This regulation could help to preserve Purcellville's small town character.

Objective G: Article 9 Section 6 allows the zoning administrator to grant an administrative variance for any yard requirement up to one foot or 10 percent of the minimum requirement. This allowance could help improve the efficiency of small variances.

Section 7. Conditions attached to approvals.This section is a necessary component and does not interfere or promote any of the objectives.

Section 8. Performance bond. This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

Section 9. Lapse of special exception or variance.

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

! Objective G: Article 9 Section 9 is unclear about what would constitute "substantial construction." We recommend defining substantial construction as the establishment of a permanent foundation and, furthermore, defining permanent foundation.

Section 10. Amendment of special exceptions or variance.This section is a necessary component and does not interfere or promote any of the objectives.

Section 11. Appeals. This section is a necessary component and does not interfere or promote any of the objectives.

Section 12. Procedure on applications and appeals.This section is a necessary component and does not interfere or promote any of the objectives.

Section 13. Appeals to courts. This section is a necessary component and does not interfere or promote any of the objectives.

Article 10: Changes and Amendments

Section 1. Initiation of change.

This section is a necessary component and does not interfere or promote any of the objectives.

Section 2. Report from planning commission.This section is a necessary component and does not interfere or promote any of the objectives.

Section 3. Notice and hearing.

This section is a necessary component and does not interfere or promote any of the objectives.

Section 4. Withdrawal of application.This section is a necessary component and does not interfere or promote any of the objectives.

Section 5. Action by the town council.This section is a necessary component and does not interfere or promote any of the objectives.

Section 6. Conditional zoning. This section is a necessary component and does not interfere or promote any of the objectives.

Section 7. Reconsideration, oneyear limitation.This section is a necessary component and does not interfere or promote any of the objectives.

Article 11: Administration and Enforcement

Section 1. Enforcement.

This section is a necessary component and does not interfere or promote any of the objectives.

Section 2. Certificate of occupancy.This section is a necessary component and does not interfere or promote any of the objectives.

Section 3. Permits. This section is a necessary component and does not interfere or promote any of the objectives.

Section 4. Plans to accompany applications for zoning permits.This section is a necessary component and does not interfere or promote any of the objectives.

Section 5. Site plans. This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.

ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 6. Procedures for review and approval of all PDH districts. !

Section 7. Development plans, standards for all PDH districts.

Section 8. Submission requirements for PDH districts.

Notes

Objective G: Article 11 Section 6 includes confusing information in that "An application for rezoning to a PDH district shall include 14 copies of a conceptual development plan. A conceptual development plan, not filed with the initial submission of the application, shall be submitted within 60 days of the acceptance date of the application." Is the conceptual development plan to be submitted with the application or after the acceptance of the application? The zoning ordinance is not clear. We recommend revising this language to improve clarity.

Objective G: Article 11 Section 6 is very detailed in describing the review and approval procedures for PDH districts. However, the detail is cumbersome for the reader and leads to an inefficient zoning ordinance. We recommend revising this section to increase conciseness and improve ease-of-use by a lay audience.

Objective B: Article 11 Section 7 requires that PDH district developments be located in an area "in which transportation, police and fire protection, other public facilities and public utilities, including sewerage, are or will be available and adequate for the uses proposed," which could help protect government services from being overburdened.

Objective F: Article 11 Section 7 requires that, within planned developments, "particular emphasis shall be placed on...a comprehensive system of pedestrian, bicycle, and/or bridal paths..." This requirement may improve walkability in Purcellville.

Objective G: Article 11 Section 8 includes some ambiguity in that, while the title of the section includes mention of the PDH district, the text does not specify that it applies only to developments in the PDH district. We recommend that such specificity is added to reduce ambiguities in the law.

Objective G: Article 11 Section 8 identifies the required components of a conceptual development plan and a final development plan. While the details make for a clearer zoning ordinance, they can be burdensome and repetitive. We recommend combining Section 8 with Section 6 and expressing the detailed list in a more concise manner.

Section 9. Temporary site plans.This section is a necessary component and does not interfere or promote any of the objectives.

Section 10. Site grading plan.

+ Objective D: Article 11 Section 10 requires that, prior to the clearing of vegetation from a site, storm water management and erosion/siltation control measures be applied. This requirement should protect water quality in Purcellville, promoting Objective D. Section 11. Revocation of permits. This section is a necessary component and does not interfere or promote any of the objectives.

Section 12. Agreement and bond.

Objective B: Article 11 Section 12 allows the Town to require a surety bond for planned development improvements within the right-ofway. This allowance may protect the government from liability of providing services that should be initially provided by the developer.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Section 13. Approval and extension.This section is a necessary component and does not interfere or promote any of the objectives.

Section 14. Right of developer to continue project.This section is a necessary component and does not interfere or promote any of the objectives.

Section 15. Inspection and supervision of improvements.This section is a necessary component and does not interfere or promote any of the objectives.

Section 16. Public notices. This section is a necessary component and does not interfere or promote any of the objectives.

Section 17. Violation and penalties.This section is a necessary component and does not interfere or promote any of the objectives.

Section 18. Conflict of interest. This section is a necessary component and does not interfere or promote any of the objectives.

Section 19. Disclosures of real parties in interest.This section is a necessary component and does not interfere or promote any of the objectives.

Article 12: Floodplain Overlay District

Section 1. Purpose of article. +

Objective B: Article 12 Section 1 promotes Objective B in that it identifies the prevention of unnecessary expenditure of public funds for flood protection and relief as a purpose of the floodplain overlay district.

Section 2. Applicability. This section is a necessary component and does not interfere or promote any of the objectives.

Section 3. Compliance and liability.This section is a necessary component and does not interfere or promote any of the objectives.

Section 4. Abrogation and greater restrictions.This section is a necessary component and does not interfere or promote any of the objectives.

Section 5. Severability. This section is a necessary component and does not interfere or promote any of the objectives.

Section 6. Penalties.

Section 7. Definitions.

Section 8. Establishment of floodplain overlay district.

!

! Objective G: Article 12 Section 6 regulates penalties in the floodplain overlay district. We recommend consolidating this section with Article 11 Section 17, where violations and penalties are addressed generally, to make for a more efficient zoning ordinance.

! Objective G: Article 12 Section 7 defines key terms used in the floodplain overlay district. We recommend consolidating this section with the definitions in Article 15 to make for a more organized and efficient zoning ordinance.

Objective G: Article 12 Section 8 mentions that, "In the event of any conflict between the provisions or requirements of the floodplain overlay district and those of any underlying district, the more restrictive provisions shall apply." This language reiterates the language in Article 12 Section 4. We recommend revising the language to omit the duplication of regulation.

Section 9. Official zoning map. This section is a necessary component and does not interfere or promote any of the objectives.

Section 10. District boundary change.This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Section 11. Interpretation of district boundaries.This section is a necessary component and does not interfere or promote any of the objectives.

Objective D: Article 12 Section 12 requires that new development within the floodplain is designed so as to not increase the elevation of the base flood by more than one foot at any point. This regulation serves to protect the environment and supports Objective D.

+

Section 12. General provisions.

Section 15. Factors to be considered when granting variances.

Section 16. Design criteria for utilities and facilities.

Section 17. Existing structures in the floodplain overlay district. !

Objective D: Article 12 Section 12 requires that new and replacement sanitary sewer systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. This regulation should serve to protect the environment from water pollution.

Objective D: Article 12 Section 12 does not require that low impact design (LID) features be incorporated into developments in the floodplain, such as porous pavement, which could help reduce flood impacts or increase the recession of floodwaters. We recommend including such features in these regulations.

Objective A: Article 12 Section 13 requires that the board of zoning appeals considers the historic nature of a structure when reviewing an application for variance within the floodplain overlay district. This requirement may allow for more variances for historic structures, which could lead to their preservation and a promotion of the small town character of Purcellville.

Objective B: Article 12 Section 13 requires that, in order for the board of zoning appeals to grant a variance within the floodplain overlay district, it must determine that the variance will not result in extraordinary public expense, supporting Objective B in protecting the government's ongoing delivery of services.

Objective D: Article 12 Section 16 requires that new and replacement sanitary sewer facilities and private package sewage treatment plants be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. This regulation should serve to protect the environment from water pollution.

Objective G: Article 12 Section 17 establishes the ability of nonconforming structures in the floodplain overlay district to continue to be occupied, with conditions. We recommend that, in order to increase efficiency of the zoning ordinance, this section be combined with Article 5 Nonconformities.

Section 18. Administration. This section is a necessary component and does not interfere or promote any of the objectives.

Section 19. Standards for subdivision proposals.This section is a necessary component and does not interfere or promote any of the objectives.

Article 13: Steep Slope Standards

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

Section 1. Purpose of article. +

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 2. General requirements.

Notes

Objective D: Article 13 Section 1 establishes the purpose of the steep slope standards as minimizing disturbance of sloped land. This purpose statement may lead to higher protections of soils, habitats, and water quality.

Objective D: Article 13 Section 2 requires that stormwater management best management practices and erosion and sedimentation control practices be implemented in sensitive areas. It furthermore prohibits land-disturbing activities in highly sensitive areas, unless the applicant has received a variance from the board of zoning appeals. These regulations may protect soils, habitats, and water quality and promote Objective D.

Section 3. Enforcement of performance standards.This section is a necessary component and does not interfere or promote any of the objectives.

Article 14: Stream and Creek Buffer

Section 1. Purpose and intent.

Section 2. Stream and Creek Buffer established.

Section 3. Effect of buffer.

+

Objective A: Article 14 Section 1 sets forth the purpose of the stream and creek buffer as maintaining the scenic beauty of the streams of Loudoun County. This purpose emphasizes the importance of promoting the small town character and rural beauty of Purcellville.

Objective C: Article 14 Section 1 sets forth the purpose of the stream and creek buffer and includes "promoting tourism and high quality corporate investment by maintaining...existing high water quality." This goal may serve to promote the viability of small businesses in Purcellville that depend on tourism.

Objective D: Article 14 Section 1 sets forth the purpose of the stream and creek buffer and includes "protecting aquatic environments from the warming effects of solar radiation by preserving riparian tree canopy cover" and protecting "water and groundwater recharge processes" and preserving "significant environmental resource areas, wildlife habitat and corridors, and native vegetation areas." These goals support Objective D: promote environmental sustainability.

Objective G: Article 14 Section 2 relies on the size of the watershed area to determine the applicability of the regulations. It may be difficult, however, for a lay person to determine the size of the watershed area. We recommend including a map or other illustration that makes this determination easier for the general public.

Objective D: Article 14 Section 3 prohibits the development of buildings, structures, impervious parking lots, and other impermeable surfaces within the stream and creek buffer. This regulation serves to protect the water quality and supports Objective D.

Section 4. Development criteria.This section is a necessary component and does not interfere or promote any of the objectives.

Section 5. Exceptions. This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

Article 14A: Historic Corridor Overlay District-HC

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Notes

Objective A: Article 14A Section 1 sets forth the intent of the historic corridor overlay district as "protecting the town's unique historical and architectural character, ensuring that new development is in keeping with the small-town character of Purcellville..." This intent aligns with Objective A.

Section 1. Intent.

Section 2. Applicability.

Objective C: Article 14A Section 1 sets forth the intent of the historic corridor overlay district as "promoting tourism and visitor opportunities through historic preservation and Main Street revitalization," which supports Objective C: promoting the viability of small businesses in Purcellville.

Objective A: Article 14A Section 2 prohibits the approval of a zoning permit, a final development plan, or a demolition permit within the historic corridor overlay district without the approval of the board of architectural review. This regulation shall protect the small town character of Purcellville by protecting architectural heritage.

Objective G: Article 14A Section 2 lists definitions specific to the historic corridor overlay district. To improve efficiency of the zoning ordinance, we recommend consolidating all definitions in the definition section, Article 15.

Section 3. Permitted uses. This section is a necessary component and does not interfere or promote any of the objectives.

Section 4. Area and bulk regulations; minimum yard and setback requirements…

+ Objective D: Article 14A Section 4 sets forth regulations for the protection of trees and the allowance of the board of architectural review to require additional landscaping for developments within the historic corridor overlay district.

Section 5. Nonconformities. This section is a necessary component and does not interfere or promote any of the objectives.

Section 6. Administration. This section is a necessary component and does not interfere or promote any of the objectives.

Section 7. Appeals. This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

Section 8. Design criteria.

Notes

Objective A: Article 14A Section 8 lists "preserving historical sites and structures and making the town a more attractive and desirable place in which to live" and ensuring the "architectural design is suitable for Purcellville's historic small town character" as criteria in considering applications for development within the historic corridor overlay district. This attention promotes Objective A.

Objective C: Article 14A Section 8 includes "generating business activity, maintaining and creating employment opportunity" as a criterion when considering applications for development within the historic corridor overlay district, supporting Objective C.

Objective G: Article 14A Section 8 lists criteria to be considered by the board of architectural review when reviewing applications for development within the historic corridor overlay district. However, the criteria is amorphous, using phrases such as "whether or not the proposed architectural design is suitable..." and "whether or not the proposed structure, building or improvement is compatible..." Without clear guidelines as to what would constitute "suitable" or "compatible," the board of architectural review may act in an arbitrary and capricious manner, which would lead to inconsistencies in the application of the law. We recommend increasing the level of detail in the design criteria in order to reduce inconsistencies.

Section 9. Deviations from approved plans.This section is a necessary component and does not interfere or promote any of the objectives.

Code Sections

Article 15: Definitions

Section 1. General rules of construction.

ObjectiveA:Promotesmalltowncharacterandencouragehistoricallyappropriatedesignand neighborhoodaesthetics.

ObjectiveB:Promotethesustainabledeliveryof governmentservices.

ObjectiveC:Promotetheviabilityofsmall businesses.

ObjectiveD:Promoteenvironmentalsustainability.ObjectiveE:Promotediversehousingoptions. ObjectiveF:Promotewalkability.ObjectiveG:Promoteclarity, efficiency, and consistencyofthelawanditsadministration.

!

Section 2. Definitions.

Article 16: Severability, Conflict, Effective Date

Section 1. Severability.

Notes

Objective G: Article 15 Section 1 states that the terms "main" and "principal" are used synonymously. We recommend using only one of the following terms consistently throughout the zoning ordinance: main, principal, and primary.

Objective G: Article 15 Section 2 lists definitions of terms in one centralized location. This organizational strategy is important in achieving efficiency in the zoning ordinance.

Note: We recommend removing the term family from the definitions, as this term is politically charged. We recommend replacing the term "family" with "household."

This section is a necessary component and does not interfere or promote any of the objectives.

Section 2. Repeal of conflicting ordinances.This section is a necessary component and does not interfere or promote any of the objectives.

Section 3. Effective date. This section is a necessary component and does not interfere or promote any of the objectives. TOTALS

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