The regulations set forth in this article or set forth elsewhere in this chapter when referred to in this article are the "R-4" Planned Unit Residential District Regulations.

(Ord. of 4-23-96)

This district is intended to permit the development of planned residential neighborhoods containing not less than twenty-five (25) contiguous acres, which may include properties located directly across public or private street or alley rights-of-way from one another, under one (1) ownership or control at the time of approval for development. The minimum acreage requirement may be waived subject to rezoning of adjoining parcels to an existing R-4 district. Within the district the location of all buildings, playgrounds, recreation and green areas, parking areas and open spaces shall be developed in such a manner as to promote a variety of residential and permitted nonresidential buildings in orderly relationship to one another. Designated open green space other than required parking areas shall be at least fifteen (15) percent of any plan of development. Open space requirements are intended to provide amenities which enhance the total plan of development and should be in close proximity to the principal elements of the district.

(Ord. of 4-23-96; Ord. of 1-8-13(5))

[The following uses are permitted by use:]

(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Dwelling units may be occupied by a family or not more than four (4) persons, except that such occupancy may be superseded by building regulations.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 and attached townhouses of not more than eight (8) units.

(4)

Nonresidential uses which are designed for the convenience of the adjoining residential areas, such as small shops, stores and offices which are concentrated within an area not to exceed ten (10) percent of the plan of development, and in which no singular commercial use exceeds two thousand (2,000) square feet of gross leasable area. Nonresidential uses which customarily depend on drive-in facilities are not permitted.

(5)

Uses in an R-4 District shall be permissible only in the location shown on the approved plan of development.

(6)

Accessory buildings and uses clearly incidental to the above.

(7)

Child day care centers.

(8)

Adult day care centers.

(9)

Public uses.

(10)

Community buildings for associated townhouse and multiple-family developments.

(11)

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

(12)

Homestays, as further regulated by Article DD.

(Ord. of 4-23-96; Ord. of 2-22-00; Ord. of 3-28-17(6); Ord. of 5-22-18(6); Ord. of 9-8-20(2))

[The following uses are permitted by special use permit only:]

(1)

Private clubs and golf courses.

(2)

Community buildings (other than those permitted by right).

(3)

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.

(4)

Major family day home.

(5)

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

(6)

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.

(7)

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

(8)

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

(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 7-26-05; Ord. of 4-28-09(5); Ord. of 4-26-11(5); Ord. of 1-8-13(6); Ord. of 9-23-14(5); Ord. of 7-28-15(11); Ord. of 3-28-17(7); Ord. of 8-22-17(7); 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 the point of required front setback line.

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

(Ord. of 4-23-96; Ord. of 9-11-01(2); Ord. of 11-25-08(2); Ord. of 2-24-09(2); Ord. of 7-28-15(12))

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(a)

Attached or detached private radio and television antennas, including dish antennas, shall not exceed the maximum height otherwise permitted in all districts 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 spaces 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 along 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 1-14-14(6); Ord. of 7-28-20(3); Ord. of 7-23-24)