R-1 Zoning

Definitions

By Right & Special Use Permit Uses

Lot & Building Requirements

Definitions

R-1 District: A residential district intended to accommodate moderate density, suburban single-family residential uses and a limited number of commercial and institutional uses.

To qualify for R-1 zoning, the parcel must have, at a minimum, a one (1) acre are and must be currently zoned R-1, or are included as an urban or rural expansion areas in the Montgomery County Comprehensive Plan.

Single-Family Dwelling: A structure that is arranged or designed to be occupied by one (1) family and includes either stick-built or modular houses. Manufactured structures (mobile homes/ trailers) are not-included.

Family: By definition, a family consists of one (1) or more people occupying a premises and living in a single-dwelling unit, as distinguished from an unrelated group occupying a boardinghouse, tourist home, or hotel. A family can include one (1) or more persons related by blood, marriage, adoption or guardianship, including servants or care givers, and no more than two roomers or boarders. A family can also consist of up to four (4) unrelated people. Finally, a family can have up to eight (8) either mentally or develop-mentally disabled persons living in a residential group home facility.

By Right & Special Use Permit Uses

The R-1 districts are designed to stabilize and protect the essential character of neighborhoods and to promote and encourage suitable environments for family life. A limited number of commercial and institutional uses are permitted as long as their scale and character will not create concentrations of traffic, crowds of customers, general outdoor advertising, or other uses that would conflict with the residential character of the neighborhood. There are uses that are designated as “by right,” which means you do not have to apply for a special use permit. The uses do, however, have to comply with all approved plans and permits, development standards, and performance standards included in the 1999 Montgomery County Zoning Ordinance and with all other applicable regulations. The “by right” uses include:

Retail activity in R-1 districts is sharply curtailed and the area is protected against encroachment of either general commercial uses. In short, the district is basically residential in character, while allowing specific compatible public and semi-public uses.

Some uses are allowed in the R-1 Zone with the permission of the Board of Supervisors through the Special Use Permit process (applications available from the Planning Dept.). These include:

Lot & Building Requirements?

Each zoning district has different lot and building requirements which are meant to to insure the compatibility of new development with the existing development in the surrounding area.

In R-1 districts, lots must be a minimum of 20,000 square feet, have a minimum width of one hundred (100) feet at the setback line of the front yard, and must have a maximum length/width ration of five to one (5:1). A setback is the distance of a building, structure, or other defined object from the front lot line or other lot line as specified.

The buildings can not cover more than thirty percent (30%) of the lot, and the impervious surface (a surface that does not absorb water, such as concrete, asphalt, stone, or roofing materials) can not cover more than fifty percent (50%) of the lot.

All R-1 lots must be accessed from a road in the Virginia Department of Transportation (DOT) road system or from a hard-surfaced road designed by a professional engineer to accommodate the projected volumes, loads, and vehicle types and approved by the Zoning Administrator.

In order to accommodate the open space requirements in the district and to promote public health and safety, structures must be set back forty (40) feet from the front lot line, fifteen (15) feet from the side lot line (applicable to primary/ principal structures), and forty (40) feet from the rear lot line. Accessory structures must be a minimum of ten (10) feet from side or rear lot lines.

Buildings may not exceed thirty-five (35) feet in height from the grade, with three exceptions.

• The height limit for dwellings may be increased up to ten (10) feet, provided that there are two (2) side yards for each permitted use, each of which is fifteen (15) feet or more, plus one (1) foot or more of side yard for each additional foot of building height over thirty-five (35) feet.
• A public or semipublic building (school, library, church, hospital) may be erected to a height of sixty (60) feet from grade, provided that required front, side, and rear yards shall be increased one (1) foot for each foot in height over thirty-five (35) feet.
• All accessory buildings must be shorter than the main structure in height. In addition, accessory structures within ten (10) feet from the property line can not be more than one (1) story in height.

Finally, all R-1 developments proposed after the adoption of the ordinance must be served by public water and sewer.