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Cumberland County Unincorporated
City Zoning Code

ARTICLE VII

RESIDENTIAL, GENERAL R-2 DISTRICT R-28

Footnotes:
--- (8) ---

Editor's note— Ord. No. 11-05, § c, adopted July 12, 2011, repealed former Art. VII, §§ 74-261—74-269, and enacted a new Art. VII as set out herein. Former Art. VII pertained to the same subject matter. See the Code Comparative Table for complete derivation.


Sec. 74-261. - Statement of intent.

Generally, the R-2 district is composed of certain quiet, medium to low density residential areas within and surrounding unincorporated villages or rural residential settlements and points of historic or scenic interest in the County.

This district is established for the specific purpose of providing for the preservation and protection of historic and scenic areas; providing for the orderly expansion of residential uses within such areas; confining development to such locations as can feasibly be supplied with necessary infrastructure; and protecting the essential village characteristics of such areas. It is intended that this district be established in, and adjacent to, designated growth areas as found in the Comprehensive Plan.

The regulations for the district as designed to stabilize and protect the essential characteristics of the district and to prohibit extensive and large scale agricultural, industrial and commercial activities.

(Ord. No. 11-05, § c, 7-12-2011)

Sec. 74-262. - Permitted uses and structures.

Permitted uses and structures in an R-2 district are as follows:

(1)

Minor subdivisions, conventional.

(2)

Major subdivisions, cluster.

(3)

Single-family detached dwellings.

(4)

Two-family dwellings.

(5)

Manufactured homes.

(6)

Modular housing units.

(7)

Accessory uses and structures.

(8)

Schools, churches, parks and playgrounds.

(9)

Child care centers and kindergartens.

(10)

Boarding, rooming or lodging houses and bed and breakfast inns.

(11)

Home occupations.

(12)

Off-street parking as required.

(13)

Professional offices.

(14)

Gift shops and antique shops.

(15)

Beauty shops and barbershops.

(16)

Preserves and conservation areas.

(17)

Cemeteries.

(18)

Uses relating to agriculture shall be limited to raising of field crops, including hay and grazing pasture land and animals as permitted in section 74-264.

(19)

Public utilities such as poles, lines, distribution transformers, pipes, meters and/or other related facilities, including water and sewer facilities.

(20)

Short-term rental dwellings.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 14-05, 10-14-2014; Ord. No. 15-11, 2-9-2016; Ord. No. 22-03, 9-12-2023; Ord. No. 23-01, 9-12-2023)

Sec. 74-263. - Permitted uses with conditional use permit.

Permitted uses with a conditional use permit in an R-2 district are as follows:

(1)

Electrical substations.

(2)

Event facilities.

(3)

Garages and service stations.

(4)

General stores.

(5)

Golf courses, country clubs, golf driving ranges and mini-golf.

(6)

Group homes.

(7)

Guesthouses.

(8)

Hospitals.

(9)

Libraries.

(10)

Maintenance of a horse or pony as follows: For any lot or parcel of land less than four (4) acres in size, a conditional use permit may be issued to allow one (1) horse or one (1) pony to be maintained on the property.

(11)

Nursing homes, convalescent homes and rest homes.

(12)

Places of public assembly.

(13)

Recreational facilities.

(14)

Restaurants.

(15)

Transitional homes.

(16)

Wireless telecommunications facilities; subject to provisions of section 74-731 et seq.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-05, 4-12-2016; Ord. No. 18-05, 11-13-2018; Ord. No. 22-06, 8-9-2022)

Sec. 74-264. - Area and density regulations.

The residential, general (R-2) district shall be composed of a base density and density bonus over the base density depending upon if connections to public utilities shall be made as prescribed in Table 24.

TABLE 24
LOT WITH
PUBLIC
SEWER
LOT WITH
PUBLIC
WATER
BASE YES OR NO NO
BONUS OVER BASE YES YES

 

The minimum gross residential density and the minimum lot area shall be as prescribed in Table 25.

TABLE 25
RESIDENTIAL, GENERAL (R-2) DENSITY AND LOT AREA REGULATIONS
GROSS
RESIDEN-
TIAL
DENSITY
(all)
MINIMUM

LOT AREA

(Conventional)
Base 1. 1 dwelling unit 2 acres
Base 2. 1 dwelling unit plus up to a collective maximum of 12 of the following: chickens, fowl, rabbits, or other small domesticated animals, but not roosters, all of which must be confined. 2 acres
Base 3. 1 dwelling unit plus animals not to exceed the following:
a. All small animals permitted on 2 acres as set forth in item 2 above; plus
b. 1 equine animal or 1 bovine animal or 1 llama; or up to 2 goats
2 acres
Base 4. Animals as permitted in items 3a and 3b above. An additional 2 acres to be combined with the 2 acres required in item 3 above.
Bonus
over
base
2 dwelling units per 1 acre 21,780 square feet

 

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 15-11, 2-9-2016)

Sec. 74-265. - Setback and yard regulations.

(a)

The minimum required setbacks and the minimum required yards shall be as prescribed in Table 26.

TABLE 26
R-2 SETBACK AND YARD REGULATIONS
MINIMUM SETBACK REQUIRED (as measured from the center line of any road) MINIMUM
SIDE
YARD
MINIMUM
REAR
YARD
Base (a) Desig-
nated primary highways: 100 feet.
(a) 25 feet principal structure. (a) 35 feet principal structure.
(b) All other roads: 75 feet. (b) 15 feet accessory structures. (b) 15 feet accessory structures
Bonus
over
base
(a) Desig-
nated primary highways: 100 feet.
(a) 10 feet principal structure. (a) 25 feet principal structure.
(b) All other public roads: 75 feet. (b) 5 feet accessory structures. (b) 5 feet accessory structures.
(c) Private roads: 45 feet.

 

(b)

No accessory structure, except for permitted fences, walls, and ornamental structures may occupy a required front setback.

(c)

Minor and limited encroachments are allowed as prescribed in section 74-136(b).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 13-04, 10-8-2013; Ord. No. 16-10, 3-14-2017; Ord. No. 18-04, 5-14-2019)

Sec. 74-266. - Frontage and lot width regulations.

The minimum required lot frontage and the minimum required lot width shall be as prescribed in Table 27.

TABLE 27
R-2 FRONTAGE AND LOT WIDTH
REGULATIONS
MINIMUM
FRONTAGE
REQUIRED
MINIMUM
LOT
WIDTH
REQUIRED
Base (a) Public and private roads: 200 feet. Shall be the same as minimum required frontage.
(b) Cul-de-sac: 50 feet on a cul-de-sac—Must provide the minimum lot width at the building setback line.
Bonus
over
base
(a) Designated primary highways: 200 feet. Shall be the same as minimum required frontage.
(b) All other public roads: 150 feet.
(c) Private roads: 100 feet.
(d) Cul-de-sac: 50 feet on a cul-de-sac—Must provide the minimum lot width at the building setback line.

 

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-267. - Height regulation.

Buildings in an R-2 district may be erected up to thirty-five (35) feet in height; except that:

(1)

Any building may be erected to a height of sixty (60) feet from grade, provided that the required front, side and rear yard setbacks must be increased by one (1) foot for each one (1) foot in height over thirty-five (35) feet.

(2)

Church spires, belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, and bona fide farm buildings or structures as defined by Code of Virginia, § 36-97, as that section may from time to time be amended and/or recodified are exempt from height requirements.

(3)

No accessory building which is within twenty (20) feet of any party lot line may be more than one (1) story high. All accessory buildings must be less than the main building in height.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-268. - Corner lots.

Any lot or parcel fronting on two (2) or more roads must conform to the frontage, minimum lot width, and setback requirements for all such roads.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-281. - Area and density regulations.

(a)

General: The residential, general (R-2) district shall be composed of a base density and density bonus over the base density depending upon if connections to public utilities shall be made as prescribed in Table 28.

TABLE 28
LOT WITH
PUBLIC
SEWER
LOT WITH
PUBLIC
WATER
BASE YES OR NO NO
BONUS OVER BASE YES YES

 

(b)

Residential density and lots: The minimum gross residential density and minimum residential lot area shall be as prescribed in Table 29.

(c)

Conservation lot required: A conservation lot shall be required in all R-2 cluster developments. The minimum conservation lot area (as a percentage of the total gross development acreage) shall be as prescribed in Table 29. Additional requirements for conservation lots within an R-2 cluster development are prescribed by Section 74-156.

TABLE 29
R-2 CLUSTER DENSITY AND LOT AREA

REGULATIONS
GROSS
RESIDEN

TIAL

DENSITY
MINIMUM
LOT AREA
MINIMUM CONSERVATION LOT AREA (% OF TOTAL DEVELOPMENT ACREAGE)
Base 1 dwelling unit per 2 acre NONE 65%
Bonus
over
base
2 dwelling units per 1 acre NONE 65%

 

(Ord. No. 11-05, § c, 7-12-2011)

Sec. 74-282. - Setback and yard regulations.

(a)

The minimum required setbacks and the minimum required yards shall be as prescribed in Table 30.

TABLE 30

R-2 CLUSTER SETBACK AND YARD
REGULATIONS
MINIMUM SETBACK REQUIRED (as measured from the center line of any road) MINIMUM

SIDE
YARD
MINIMUM

REAR
YARD
Base (a) Desig-
nated primary highways: 100 feet.
(a) 25 feet principal structure. (a) 25 feet principal structure.
(b) All other roads: 50 feet. (b) 5 feet accessory structures. (b) 5 feet accessory structures.
Bonus
over
base
(a) Desig-
nated primary highways: 100 feet.
(a) 10 feet principal structure. (a) 25 feet principal structure.
(b) All other roads: 50 feet. (b) 5 feet accessory structures. (b) 5 feet accessory structures.

 

(b)

No accessory structure, except for permitted fences, walls, and ornamental structures may occupy a required front setback.

(c)

Minor and limited encroachments are allowed as prescribed in section 74-136(b).

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 16-10, 3-14-2017; Ord. No. 18-04, 5-14-2019)

Sec. 74-283. - Frontage and lot width regulations.

(a)

The minimum required lot frontage and the minimum required lot width shall be as prescribed in Table 31.

(b)

For the purposes of this section, any building lot which is separated from an existing public road by any conservation lot shall be deemed to front such existing public road for purposes of the application of such minimum frontage, setback and yard requirements unless the distance between the boundary of such conservation lot and any abutting residential lot shall be at least equal to the minimum setback requirement as listed in this subdivision.

TABLE 31
R-2 CLUSTER FRONTAGE AND LOT WIDTH REGULATIONS
MINIMUM
FRONTAGE
REQUIRED
MINIMUM
LOT
WIDTH
RE-
QUIRED
Base (a) Designated primary highways: 200 feet. Shall be the same as minimum required frontage.
(b) All other roads: 150 feet.
(c) Cul-de-sac: 50 feet on a cul-de-sac—Must provide the minimum lot width at the building setback line.
Bonus
over
base
(a) Designated primary highways: 200 feet. Shall be the same as minimum required frontage.
(b) All other roads: 100 feet.
(c) Cul-de-sac: 50 feet on a cul-de-sac—Must provide the minimum lot width at the building setback line.

 

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-284. - Height regulations.

Buildings in an R-2 district may be erected up to thirty-five (35) feet in height; except that:

(1)

Any building may be erected to a height of sixty (60) feet from grade, provided that the required front, side and rear yards must be increased by one (1) foot for each one (1) foot in height over thirty-five (35) feet.

(2)

Church spires, belfries, cupolas, chimneys, flues, flagpoles, television antennas, radio aerials, and bona fide farm buildings or structures as defined by Code of Virginia, § 36-97, as that section may from time to time be amended and/or recodified are exempt from height requirements.

(3)

No accessory building which is within twenty (20) feet of any party lot may be more than one (1) story high. All accessory buildings must be less than the main building in height.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)

Sec. 74-285. - Corner lots.

Any lot or parcel fronting on two (2) or more roads must conform to the frontage, minimum lot width, and setback requirements for all such roads.

(Ord. No. 11-05, § c, 7-12-2011; Ord. No. 18-04, 5-14-2019)