Statement of Intent

This district is established to provide a mixture of multi-family dwellings, such as apartments, at a density not to exceed eight dwelling units per acre. The district is designed to be part of a viable residential neighborhood environment which includes households of varying types, including those with children. Because this zone permits the highest residential density in Madison County, development within an R-3 zone must include the careful design and construction of recreation and pedestrian circulation improvements, parking areas, and the adequate provision of useable open space.

To ensure orderly planning and development under this zone in conjunction with other residential neighborhoods, this zone shall be located adjacent to R-2 zones, or within or adjacent to existing towns, villages, or settlements of Madison County. An R-3 zone shall only be established where public water and sewer facilities are available. Further, this zone requires adequate, safe access to protect its residents and the surrounding uses. Therefore, the zone shall be located adjacent to a major transportation route or traffic collector of the County.

In addition to the zoning ordinance, uses in this zone may be subject to the requirements of Madison County Subdivision Ordinance, Site Plan Ordinance, Soil Erosion and Sedimentation Control Ordinance, and/or Floodplain Management Ordinance. All multiple family uses are subject to the Site Plan Ordinance.

7-1.

Use Regulations.

In the Residential Multiple Family District R-3 no building shall be erected or altered and no building or premises shall be used for any purpose except the following:

Uses Permitted by Right

7-1-1.

Single detached dwelling.

7-1-2.

Multiple family dwelling (apartment).

7-1-3.

Townhouse.

7-1-4.

Public Service Corporation transmission lines, poles, pipes, meters, transformers and other facilities necessary for the transmission and maintenance of public service utilities. Subject to Code of Virginia, § 15.1-456, as amended.

7-1-5.

Home occupation as defined.

7-1-6.

Solar energy system (see Article 14-16, roof-mounted only).

7-2.

Special Permit Uses. The following uses may also be permitted subject to securing a special use permit as provided in Article 14-3:

7-2-1.

Agriculture exclusive of keeping of livestock or poultry.

7-2-2.

Hospital, clinic, and nursing home.

7-2-3.

Professional office (limited).

7-2-4.

Water and sewage treatment or distribution facilities where same are required by state and/or federal regulations to protect the public health.

7-2-5.

Club and lodge, without overnight lodging.

7-2-6.

Small wind energy system.

(Ord. of 3-18-1998, § 4)

7-3.

Area Regulations.

7-3-1.

The minimum lot area shall be 10,000 square feet plus 2,000 square feet for each additional dwelling unit. The Administrator may require a greater area if considered necessary by the Health Official.

No development within this district shall have a density greater than eight dwelling units per gross acre of site area nor shall buildings on any parcel within this district cover more than 35 percent of the total lot area.

7-3-2.

Open Space Requirements. The site for any multiple family or single family attached dwellings, shall provide 40 percent of the lot area as open space. When individual ownership of dwelling units exist, this space may be privately owned by the homeowners.

7-3-3.

Maximum Building Grouping. Not more than eight townhouses or attached dwelling units shall be included in any one grouping, and no more than eight dwelling units shall be included within any multiple-family dwelling, except affordable housing and/or senior housing not exceeding 60 dwelling units may be included within a multiple-family dwelling. The maximum frontal length of any building or structure in this zone shall not exceed 200 feet, except such maximum frontal length shall not apply to a multiple-family dwelling used as affordable housing and/or senior housing not exceeding 60 dwelling units.

(Ord. No. 2020-16, 10-7-2020)

7-4.

Setback Regulations.

7-4-1.

Structures shall be located 35 feet or more from any street right-of-way which is 50 feet or greater in width, or 60 feet or more from the center line of any street right-of-way less than 50 feet in width.

7-4-2.

All accessory buildings must be located ten feet or more from any property line except that no accessory building may be located closer to the front of a lot than the main structure.

7-5.

Lot Width Requirements.

The minimum frontage for permitted uses shall be 150 feet at the setback line, or measured at the location of the foundation of the subject parcel's principal dwelling or accessory building. The minimum distance which the building is required to be located from the street right-of-way or center line shall be known as the setback line.

All Townhouse lots shall have a minimum width of 16 feet.

(Ord. No. 2020-9, 3-4-2020)

7-6.

Yard Regulations.

7-6-1.

Side. Each main structure or group of structures shall have a side yard of ten feet.

7-6-2.

Rear. Each main structure or group of structures shall have a rear yard of 25 feet or more.

7-7.

Sign Regulations.

Signs shall conform to Article 12 of this ordinance.

7-8.

Height Regulations.

7-8-1.

Buildings may be erected up to 35 feet from the average adjacent ground elevation except that:

7-8-2.

The height limit for dwellings may be increased ten feet and up to three stories provided there are two side yards for each permitted use, each of which is ten feet or more, plus one foot or more of side yard for each additional foot of building height over 35 feet.

7-8-3.

A public or semipublic building such as a school, church, library or hospital may be erected to a height of 60 feet from the average adjacent ground elevation provided that required front, side, and rear yards shall be increased one foot for each foot in height over 35 feet.

7-8-4.

Church spires, belfries, cupolas, monuments, water towers, fire towers, chimneys, flues, television antennae, and radio aerials may exceed the height limitation by 25 feet.

7-8-5.

Additional height requires a Special Use Permit as provided for under Article 14-3. Parapet walls may be up to four feet above the height of the building on which the walls rest.

7-8-6.

All accessory buildings shall be less than the main building in height.

7-9.

Off-street Parking.

Off-street parking is subject to section 14-9 of this ordinance.

7-10.

Entrance Regulations.

7-10-1.

The centerline of any entrance onto a Virginia primary road shall be 600 feet or more from the centerline of any adjacent entrance; provided, however, each parcel of land that fronts on a Virginia primary road and is recorded in the Clerk's Office of the Circuit Court of Madison County prior to June 20, 1990, shall be permitted to have at least one such entrance; and provided further that the aforesaid distance between entrances may be decreased to a point of nearest relief upon application by special use permit if the Board of Supervisors after recommendation from the Planning Commission and approval of the Virginia Department of Transportation finds that exceptional topographical conditions such as rock formations or floodplain areas justify such decrease.

Each application for a special use permit under this paragraph shall include a plat of survey showing both the 600-foot entrance point and the point of nearest relief. After approval, said plat of survey shall be recorded by the applicant in the Clerk's Office of the Circuit Court of Madison County.

7-10-2.

The centerline of any entrance onto U.S. Route 29 shall be 900 feet or more from the centerline of any adjacent entrance; provided, however, each parcel of land that fronts on U.S. Route 29 and is recorded in the Clerk's Office of the Circuit Court of Madison County prior to June 20, 1990, shall be permitted to have at least one such entrance; and provided further that the aforesaid distance between entrances may be decreased to a point of nearest relief upon application by special use permit if the Board of Supervisors after recommendation from the Planning Commission and approval of the Virginia Department of Transportation finds that exceptional topographical conditions such as rock formations or floodplain areas justify such decrease.

Each application for a special use permit under this paragraph shall include a plat of survey showing both the 900-foot entrance point and the point of nearest relief. After approval, said plat of survey shall be recorded by the applicant in the Clerk's Office of the Circuit Court of Madison County.

Entrances shall be located at crossover points on U.S. Route 29 if feasible and required by the Virginia Department of Transportation.

The aforesaid entrance regulation shall not apply to U.S. Route 29 Business.