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Council amends zoning to allow alleys or private easements as primary access for existing lots in limited cases

2104252 · January 10, 2025
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Summary

Staunton City Council on Jan. 9 approved a zoning change allowing alleys or private access easements to serve as primary access for single-family houses on existing lots when the city engineer determines a public-street entrance is not feasible; new lots will still require public-street access.

City planning staff told the Staunton City Council on Jan. 9 that a code change is needed because the current zoning rule — which requires a public street to be the primary access for residential lots and allows alleys only as secondary access — sometimes prevents reasonable development of existing lots due to lot shape, topography or constrained utilities.

The proposed amendment, drafted after Planning Commission review, permits an alley or private access easement to be used as the primary access for a single-family dwelling on an existing lot only where the city engineer determines that an entrance permit to the public street is infeasible. Key conditions in the ordinance include:

- Only one single-family dwelling may be constructed per lot under this exception. - The dwelling must face the public street (front door oriented to the street), not the alley or easement. - Pedestrian access must be provided and maintained from the front door to the public street. - For easement-based access, the applicant must provide proof of a valid ingress/egress easement to the satisfaction of the city attorney. - A driveway entrance permit for the alley or easement access point must be approved by the city engineer.

Planning Manager Tim Hartless said the change is limited to existing lots and was recommended by the Planning Commission after a Dec. 19 public hearing in which no opposition was recorded. Councilors approved the ordinance on unanimous roll-call vote.

Staff said the amendment is intended to remove a recurring impediment to infill construction while protecting public-safety concerns by ensuring the dwelling has street-facing orientation, a safe pedestrian route and engineering review of the access point.