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-5" High Density-Residential District.

(Ord. of 4-24-07)

This district is intended for medium to high density residential development, including townhouses and multiple-family dwelling units, together with certain governmental, educational, religious, recreational and utility uses. Vehicular, pedestrian and bicycle transportation is facilitated through a connected system of roads, sidewalks and shared use paths, so as to provide many choices with regard to mode and route, and to provide a safe and comfortable pedestrian environment that promotes walkability for residents and visitors.

(Ord. of 4-24-07; Ord. of 3-13-12(12))

The following uses are permitted by right:

(1)

Townhouses of not more than eight (8) units per building.

(2)

Multiple-family dwellings of not more than twelve (12) units per building.

(3)

Dwelling units may be occupied by a family or not more than four (4) persons, except that such occupancy may be superseded by building regulations.

(4)

Community buildings for associated townhouse and multiple-family residential developments.

(5)

Public and private schools.

(6)

Child day care.

(7)

Adult day care.

(8)

Churches.

(9)

Parks.

(10)

Public uses.

(11)

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 function serves the public. Parking garages are permitted within the district.

(12)

Home occupations.

(13)

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

(14)

Homestays, as further regulated by Article DD.

(Ord. of 4-24-07; Ord. of 3-24-09(2); Ord. of 5-22-18(7); Ord. of 3-26-19(1); Ord. of 9-8-20(2))

The following uses are permitted by special use permit only:

(1)

Multiple-family dwellings of more than twelve (12) units per building.

(2)

Multiple-family buildings greater than four (4) stories and/or fifty-two (52) feet in height.

(3)

Private clubs and golf courses.

(4)

Retail stores, convenience shops, personal service establishments, restaurants (excluding those with drive-through facilities), and business and professional offices under conditions set forth in subsections 10-3-55.6(f) and (g) and such other conditions deemed necessary by city council.

(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)

Concealed wireless telecommunications facilities, industrial microcells, distributed antenna systems, and macrocells. Telecommunications towers are not permitted, except for 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.

(9)

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

(10)

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

(Ord. of 4-24-07; Ord. of 4-26-11(6); Ord. of 1-8-13(7); Ord. of 9-23-14(6); Ord. of 7-28-15(13); Ord. of 7-25-17(1); Ord. of 8-22-17(8); Ord. of 8-22-17(9); Ord. of 3-26-19(1); Ord. of 4-27-21; Ord. of 2-13-24)

_____

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 multifamily dwellings and townhouses in article T.

***The maximum number of stories and/or height of multifamily buildings may be increased by special use permits as set forth in subsection 10-3-55.4(2).

(Ord. of 4-24-07; Ord. of 11-25-08(2); Ord. of 3-13-12(13); Ord. of 7-28-15(14))

_____

(a)

Attached or detached private radio and television antennas, including dish antennas, shall not exceed the maximum height otherwise 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 buildings and uses permitted in this district are governed by article G.

(c)

More than one (1) 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 ten (10) 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).

(e)

Reserved.

(f)

Uses listed in subsection 10-3-55.4(4) shall be integrated into the residential community so as to not adversely affect local traffic patterns and levels and views from surrounding residential areas and public streets. Such integration shall be achieved through effective site planning, compatible architectural design, and landscaping and screening of parking lots, utilities, mechanical/electrical/telecommunications equipment and service/refuse functions. Buildings shall be residential in design and scale with floorplates not exceeding seven thousand five hundred (7,500) square feet.

(g)

Mixed use buildings comprised of nonresidential uses listed under subsection 10-3-55.4(4) and multiple-family dwellings are permitted by special use permit. An area of the building up to the entire first floor may be devoted to nonresidential uses, whatever the size of the building floorplate. The multiple-family dwelling units within mixed use buildings shall be included in the total number of dwelling units in the development and therefore in the calculation of the density for the development. The maximum total number of stories and maximum height of mixed use buildings shall be the same as for buildings comprised entirely of multiple-family dwellings. The standards of subsection (f) shall apply to mixed use buildings, except for the limitations on maximum floorplate.

(Ord. of 4-24-07; Ord. of 3-13-12(14); Ord. of 1-14-14(7); Ord. of 4-27-21; Ord. of 7-23-24)