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-1" single-family residential district.

(Ord. of 4-23-96)

This district is intended for low-density, relatively spacious single-family residential development and for areas where such development is likely to occur in the future, together with certain governmental, educational, religious, recreational and utility uses, subject to restrictions and requirements necessary to ensure compatibility with residential surroundings.

(Ord. of 4-23-96)

[The following uses are permitted by right:]

(1)

Owner-occupied single-family dwellings, which may include rental of space for occupancy by not more than two (2) persons, providing such rental space does not include new kitchen facilities.

(2)

Nonowner-occupied single-family dwellings, which may include rental of space for occupancy by not more than one (1) person, providing such rental space does not include new kitchen facilities.

(3)

Home occupations, as defined.

(4)

Churches or other places of worship; provided, that any building shall be located at least fifty (50) feet from any adjoining property line, including right-of-way lines.

(5)

Public schools or a private school having a function substantially the same as a public school; provided, that any building shall be located at least fifty (50) feet from any adjoining property line, including right-of-way lines.

(6)

Other governmental uses, such as community centers, parks and playgrounds; provided, that any new building shall be located at least fifty (50) feet from any adjoining property line, including right-of-way lines.

(7)

Accessory buildings and uses clearly incidental to the above. (Refer to section 10-3-114, Accessory Buildings.)

(8)

Public uses.

(9)

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

(10)

Homestays, as further regulated by Article DD.

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

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

(1)

Child day care centers.

(2)

Adult day care centers.

(3)

Home for the aged in which three (3) persons not of the immediate family are provided with food, shelter and care for compensation.

(4)

Private clubs and golf courses.

(5)

Community buildings.

(6)

Major family day home.

(7)

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

(8)

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.

(9)

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

(10)

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.

(11)

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

(12)

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

(Ord. of 4-23-96; Ord. of 1-12-99; Ord. of 7-26-05; Ord. of 4-26-11(1); Ord. of 1-8-13(1); Ord. of 9-23-14(1); Ord. of 7-28-15(3); Ord. of 3-28-17(2); Ord. of 8-22-17(3); 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.

Other uses are same as for single-family dwellings unless otherwise specified in the district regulations.

(Ord. of 4-23-96; Ord. of 9-24-02; Ord. of 11-25-08(2); Ord. of 7-28-15(4))

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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 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)

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(2); Ord. of 7-23-24)