ZOA #47/ORD 2022 Amendment to Accessory Apartment Program

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ZOA #47/ORD 2022-Zoning Ordinance Amendment to amend the Accessory Apartment Program including changes to Sections 1270 and 1271 regulating the Accessory Apartment permit process and Sections 3021, 3023, 3031, 3032, 3041, 3042, 3111, 3113 and 4201 which are the development standards that apply to accessory apartments and to add detached accessory apartments as an allowed use.

The Town of Blacksburg is initiating an amendment to the Zoning Ordinance to update the Accessory Apartment Program adopted in 2017. The existing program allows only attached units which are units that are a part of, or within the primary home such as a basement apartment. The amendment proposes to add detached, or freestanding units as an allowed use. The freestanding unit could be a separate freestanding accessory apartment or an apartment over a freestanding garage. Staff also proposes to update the regulations based on implementation of the existing program since 2017. Accessory apartments are intended to be clearly accessory and secondary to the primary home and be in keeping with the character of a residential neighborhood. Owner occupancy in either the primary home or the accessory apartment continues to be required. No changes to the zoning districts in which the accessory apartment use is allowed (R-4, RR-1, RR-2) are proposed, except for the clarification that accessory apartments are only allowed in the PR, Planned Residential zoning district, if approved as part of a rezoning to the PR district. The occupancy standard contained in the Zoning Ordinance that requires that the occupancy of the primary home and the accessory apartment to be calculated cumulatively is proposed to be retained.

With the addition of detached units as an allowed use, more development standards are needed. The standards for attached units are also being reviewed and updated. Standards proposed for addition or change include limitations on structure height, floor area ratio, setbacks from property lines, and limitations on the maximum size of the accessory unit. The maximum size of an accessory unit would also be governed by proportionality between the square footage of the primary home and the accessory apartment to ensure the unit is considered as accessory to the primary unit. Detached units would be required to be located behind the front building line of the primary unit. Also included are limitations on the percentage of the rear yard that can be occupied by a detached apartment and on the location of any patios/decks serving the detached apartment. Other housekeeping changes are included to clarify wording and program requirements based on program implementation since 2017.

The chart below shows the schedule for the Zoning Ordinance Amendment. Public input is welcome throughout the process. Staff contacts and email addresses are provided below. All meetings are open to the public, but public input will only be taken at the Public Input Meeting and at the Planning Commission and Town Council Public Hearings.

Please contact Anne McClung, Planning and Engineering Director, at amcclung@blacksburg.gov or Paul Patterson, Zoning Administrator, at ppatterson@blacksburg.gov for more information or contact the Planning and Building Department at 540-443-1300.

Planning Commission Work Session	Tuesday, March 21, 2023, 5:00 pm in the Blacksburg Motor Company building at 400 South Main Street.	The Planning Commission will review the request and the staff report. There will be an opportunity for the applicant to present the proposal. The public is welcome to attend, however, this is not a public hearing, and there will not be an opportunity for public comment.
Planning Commission Public Hearing	Tuesday, April 4, 2023, 6:30 pm in the Roger E. Hedgepeth Chambers, 2nd Floor Municipal building, 300 South Main Street. (Recommended approval with the vote of 7-0)	The Planning Commission will hold a public hearing on the request and make a recommendation to Town Council. There will be an opportunity for the applicant and the public to comment.
Town Council Work Session	Tuesday, April 18, 2023, 11:00 am in the Roger E. Hedgepeth Chambers, 2nd Floor Municipal building, 300 South Main Street.	The Town Council will review the request, the staff report and Planning Commission's recommendation. There will be an opportunity for the applicant to present the proposal. The public is welcome to attend, however, this is not a public hearing and there will not be an opportunity for public comment.
Town Council Public Hearing	Tuesday, May 9, 2023, 6:30 pm in the Roger E. Hedgepeth Chambers, 2nd floor Municipal building, 300 South Main Street. (Approved with a vote of 7-0)	The Town Council will hold a public hearing on the request and take final action. There will be an opportunity for the applicant and the public to comment.

Final Draft Version of Ordinance 2022

Town Council Packet

Planning Commission Packet