The regulations set forth in this article or set forth elsewhere in this chapter when referred to in this article are the regulations for the "R-3" Multiple Dwelling Residential District.

(Ord. of 4-23-96; Ord. of 8-14-07)

This district is intended for medium- to high-density residential development and other uses intended to respect the residential character which are aesthetically compatible within the district by means of architectural expression, landscaping and restrained traffic flow. Residential development includes single-family, duplex, multiple dwelling and townhouse units. Nonresidential development may include institutional buildings such as colleges, universities, hospitals, medical and professional offices, nursing homes and charitable institutions. It is further intended that conversion from residential use to other permitted nonresidential uses be compatible with the character of the district. All nonresidential uses are subject to restrictions and requirements necessary to ensure compatibility with residential surroundings.

(Ord. of 4-23-96; Ord. of 8-14-07)

[The following uses are permitted by right:]

(1)

Any use permitted by right in the R-1 and R-2, residential districts.

(2)

Dwelling units may be occupied by a family or not more than four (4) persons, except that such occupancy may be superseded by building regulations.

(3)

Attached multiple-family buildings of not more than twelve (12) units per building and attached townhouses of not more than eight (8) units.

(4)

College and university buildings and functions, which are either owned or leased by such institutions, and which may include fraternities and sororities.

(5)

Hospitals, convalescent or nursing homes, funeral homes, medical offices and professional offices as defined by article F.

(6)

Charitable or benevolent institutions.

(7)

Accessory buildings and uses clearly incidental to the above, accessory uses incidental to permitted nonresidential uses shall be located within principal buildings when such accessory functions serves the public. Parking garages are permitted within the district.

(8)

Child day care.

(9)

Adult day care.

(10)

Private clubs and golf courses.

(11)

Cemeteries.

(12)

Public uses.

(13)

Small cell facilities. Wireless telecommunications facilities are further regulated by Article CC.

(14)

Homestays, as further regulated by Article DD.

(Ord. of 4-23-96; Ord. of 2-22-00; Ord. of 8-14-07; Ord. of 5-22-18(4); Ord. of 9-8-20(2))

The following uses are permitted by special use permit only:

(1)

Boarding and rooming houses, complying with conditions as defined under article F, and limited in occupancy by one (1) person per designated bedroom unless otherwise specified within the special use permit.

(2)

Short-term rentals, as further regulated by article DD.

(3)

Reducing required parking areas to permit fewer than the required number of vehicle parking spaces for any use, provided that an amount of open space equal to the amount of space that would have been used for the required number of vehicle parking spaces is left available for parking in the event that, at the discretion of the city council, it is needed at some time in the future. Open space used for this purpose shall be so noted in the deed and shall not be used to meet any conflicting requirements of the zoning ordinance.

(4)

Concealed wireless telecommunications facilities, industrial microcells, distributed antenna systems, and macrocells. Telecommunications towers are not permitted, except towers primarily erected for the use of the Harrisonburg-Rockingham Emergency Communications Center up to two hundred (200) feet in height. Wireless telecommunications facilities are further regulated by article CC.

(5)

Personal service establishments, including, but not limited to barber shops, day spas, beauty parlors, and tanning salons. Parking requirements based on retail use designation.

(6)

Major family day home.

(7)

Walls and fences greater than the height otherwise permitted, under such conditions as are deemed necessary by the city council.

(8)

Public uses which deviate from the requirements of title 10, chapter 3.

(9)

Recovery residence of more than eight (8) adults and any number of minor dependents of those residents.

(Ord. of 4-23-96; Ord. of 10-28-97; Ord. of 1-12-99; Ord. of 4-24-01(1); Ord. of 7-26-05; Ord. of 8-23-05; Ord. of 8-14-07; Ord. of 4-28-09(5); Ord. of 5-26-09(2); Ord. of 4-26-11(3); Ord. of 1-8-13(3); Ord. of 9-23-14(3); Ord. of 7-28-15(7); Ord. of 8-22-17(5); Ord. of 3-26-19(1); Ord. of 2-13-24)

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Except as provided in article T, and as required in article CC for wireless telecommunications facilities, the following area and dimensional regulations shall apply:

*Measured at point of required front setback line.

**See special regulations for attached multifamily dwellings and townhouses in article T.

(Ord. of 6-9-98; Ord. of 5-22-01; Ord. of 9-11-01(2); Ord. of 8-14-07; Ord. of 11-25-08(2); Ord. of 2-24-09(2); Ord. of 7-28-15(8))

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(a)

Attached or detached private radio and television antennas, including dish antennas, shall not exceed the maximum height permitted in this district and shall not be permitted in front yards.

Exception: Private amateur radio antennas intended for public service and emergency use may exceed the height otherwise established so long as the height is justified for proper radio communications.

(b)

Off-street parking regulations for all new buildings and uses permitted in this district are governed by article G.

(c)

More than one principal building may be constructed upon an unsubdivided parcel of land as density allows. The open space between each building as measured at the closest point between building walls shall not be less than twenty (20) feet. The minimum separation between buildings may be superseded by building regulations. The front facade of each principal building shall face a dedicated public street or the limits of a private parking unit (as defined) and no building shall have the rear facade facing a dedicated public street.

(d)

Private refuse collection facilities shall be provided at a designated point and shall meet the requirements in section 10-3-110(h).

(Ord. of 4-23-96; Ord. of 8-14-07; Ord. of 1-14-14(4); Ord. of 7-28-20(1); Ord. of 7-23-24)