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Appomattox City Zoning Code

ARTICLE V

- RESIDENTIAL DISTRICT, GENERAL, R-3

Sec. 36-213. - Statement of intent.

The R-3 General Residential District is composed of certain medium-to-high concentrations of residential uses, ordinarily located between residential and commercial areas, plus certain open areas where similar development appears likely to occur. The regulations for this district are designed to stabilize and protect the essential characteristics of the district, to promote and encourage, insofar as compatible with the intensity of land use, a suitable environment for family life composed of an adult population with some children, and to permit certain commercial uses of a character unlikely to develop general concentration of traffic, crowds of customers and general outdoor advertising. To these ends, retail activity is sharply limited and this district is protected against encroachment of general commercial or industrial uses. Appropriate residential types of structures for both permanent and transient occupancy and including institutions are permitted, plus structures for commercial uses conforming to the pattern of the district. This residential district is not completely residential as it includes public and semipublic, institutional and other related uses. However, it is basically residential in character and, as such, should not be spotted with commercial and industrial uses.

(Code 2003, § 195-38; Ord. of 5-13-2019; Ord. of 8-12-2013)

Sec. 36-214. - Permitted uses.

In the R-3 General Residential District, structures to be erected or land to be used shall be for one or more of the following uses:

(1)

Single-family dwellings.

(2)

Multiple-family dwellings and apartment houses, including screening or landscaping, playground area, on-site resident manager, entrance approvals pursuant to state department of transportation requirements, a limited number of units per acre, and other conditions, as required by a conditional use permit.

(3)

Roominghouses and boardinghouses.

(4)

Bed and breakfasts.

(5)

Schools, including day care centers.

(6)

Churches, including day care centers, with conditional use.

(7)

Rest homes, adult care residence, with conditional use.

(8)

Hospitals, nursing homes and dwelling units for retirement developments with conditional use.

(9)

Clubs and lodges, with a conditional use permit.

(10)

Parks and playgrounds.

(11)

Professional offices.

(12)

Home occupations, as defined in section 36-1, conducted by the occupant.

(13)

Travel trailers, as defined in section 36-1.

(14)

Off-street parking as required by article XII of this chapter.

(15)

Accessory buildings permitted as defined in section 36-1; however, garages or other accessory structures such as carports, porches and stoops attached to the main building shall be considered part of the main building. No accessory building may be closer than five feet to any property line.

(16)

Public utilities; poles, line, distribution transformers, pipes, meters and other facilities necessary for the provision and maintenance of public utilities, including water and sewage facilities.

(17)

Family care homes, foster homes or group homes serving physically disabled, mentally ill, intellectually disabled or other developmentally disabled persons, not related by blood or marriage.

(18)

Short-term rentals.

(Code 2003, § 195-39; Ord. of 3-29-2022(2), § 2; Ord. of 8-12-2013)

Sec. 36-215. - Inoperable, junk or scrap motor vehicles.

(a)

No inoperable, junk or scrap motor vehicle may be kept stored or parked on lots in an R-3 district; provided that nothing in this section shall be construed to apply to a collector of antique or vintage vehicles, who may keep such vehicles on the lot of said collector within the R-3 district, provided the vehicles are stored in the rear of the property out of view in a fully enclosed building or surrounded by an approved blind or screen so as to be out of view by surrounding property owners. An antique vehicle that is inoperative, unless junk or scrap, shall have a town license affixed, and the current personal property tax thereon shall have been paid.

(b)

Any owner of a vehicle that bears an expired state inspection sticker, local license tag or state license tag, has not been moved for a period of 180 days and matches the definition of "inoperable, junk or scrap motor vehicle" in section 36-1 shall move such vehicle from the premises of said owner within ten days of notification. If, after reasonable notice, the owner fails to comply, the town may have the vehicle removed, and the cost of removal and disposal shall be charged to the owner of the property. When the owner of the property shall have been assessed such costs, the assessment shall constitute a lien against the property from which the vehicle was removed. The lien shall continue until actual payment of costs shall have been made to the town.

(Code 2003, § 195-40; Ord. of 8-12-2013)

Sec. 36-216. - Lot area.

(a)

For lots in the R-3 General Residential District containing or intended to contain a single permitted use served by public water and sewage disposal, the minimum lot area shall be 15,000 square feet.

(b)

For lots in the R-3 General Residential District containing or intended to contain a single permitted use served by public water systems, but having individual sewage disposal, the minimum lot area shall be 15,000 square feet.

(c)

For lots in the R-3 General Residential District containing or intended to contain more than a single permitted use served by public water and sewage disposal systems, the minimum lot area shall be, for two units, 15,000 square feet or more; for three units, 20,000 square feet or more; and for each additional unit above three, an additional 2,000 square feet per unit. However, the overall density shall not exceed ten dwelling units per acre.

(d)

For permitted uses in the R-3 General Residential District utilizing individual sewage disposal systems, the required area for any such use shall be approved by the health official. The administrator may require a greater area if considered necessary by the health official.

(Code 2003, § 195-41; Ord. of 8-12-2013)

Sec. 36-217. - Setback.

Structures in the R-3 General Residential District shall be located 35 feet or more from any street right-of-way line; except that signs advertising sale or rent of property may be erected up to the property line. This shall be known as the setback line.

(Code 2003, § 195-42; Ord. of 8-12-2013)

Sec. 36-218. - Frontage and lot width regulations.

(a)

For permitted uses in the Residential District R-3, the minimum road frontage shall be 80 feet, and for each additional permitted use in Residential District R-3, there shall be ten feet of additional lot width at the road.

(b)

For permitted uses in the R-3 General Residential District, the minimum lot width at the building line shall be 80 feet or more, and for each additional permitted use in the R-3 General Residential District, there shall be at least ten feet of additional lot width at the building line.

(Code 2003, § 195-43; Ord. of 8-12-2013; Ord. of 9-11-2023)

Sec. 36-219. - Yard regulations.

Yard regulations in the R-3 district shall be as follows:

(1)

Side yards. The minimum side yard for each main structure shall be ten feet, and the total width of the two required side yards shall be 20 feet or more.

(2)

Rear yard. Each main structure shall have a rear yard of 25 feet or more.

(Code 2003, § 195-44; Ord. of 8-12-2013)

Sec. 36-220. - Height regulations.

Buildings in the R-3 General Residential District may be erected up to 35 feet in height from grade, except that:

(1)

The height limit for dwellings may be increased ten feet and up to three stories, provided there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet;

(2)

A public or semipublic building such as a school, church, library or hospital may be erected to a height of 60 feet from grade, provided that required front, side and rear yards shall be increased one foot for each foot in height over 35 feet;

(3)

Church spires, belfries, cupolas, monuments, water towers, chimneys, flues, flagpoles, television antennas and radio aerials are exempt. Parapet walls may be up to four feet above the height of the building on which the walls rest;

(4)

No accessory building which is within five feet of any party lot line shall be more than one story high. All accessory buildings shall be less than the main building in height.

(Code 2003, § 195-45; Ord. of 8-12-2013)

Sec. 36-221. - Special provisions for corner lots.

In the R-3 General Residential District:

(1)

The side yard on the side facing the side street shall be 35 feet or more from the street right-of-way line for both main and accessory buildings.

(2)

Landscaping of corner lots shall be limited to plantings, fences or other landscaping features of no more than three feet in height within the space between the setback line and the property line on the street side of the lot.

(Code 2003, § 195-46; Ord. of 8-12-2013)