R-3 Zoning
R-3 District: A residential district intended to accommodate moderate
density, suburban residential uses and a limited number of commercial and
institutional uses. To qualify for R-3 zoning, the parcel must have, at a
minimum, two (2) acres and must be currently zoned R-3, 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.
Two-Family Dwelling: A structure arranged or designed to be occupied
by two (2) families, the structure having only two (2) dwelling units. A duplex.
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.
The R-3 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:
- Churches
- Single-Family Dwellings
- Two-Family Dwellings
- Home Occupations
- Public Utility lines (water, sewer, or other)
- Schools
- Attached Telecommunications Towers
- Libraries
- Pets, Household
Retail activity in R-3 districts is sharply curtailed and the area is protected
against encroachment of either general commercial uses. The district is residential
in character, while allowing specific compatible public and semi-public uses.
Some uses are allowed in the R-3 Zone with the permission of the Board of
Supervisors through the Special Use Permit process (applications available
from the Planning Dept.). These include:
- Bed and Breakfast Homestay
- Cemeteries
- Civic Clubs
- Country Clubs
- Day Care Centers
- Fire, Police, and Rescue Stations
- Funeral Homes
- Golf Courses
- Home Businesses
- Class A and B Manufactured Homes
- Medical Care Facilities
- Nursing Homes
- Lighted and Unlighted Parks and Playgrounds
- Private Clubs
- Public Utility Plants (water, sewer, and other)
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-3 districts, lots must be a minimum of 10,000 square feet, have a minimum
width of eighty (80) feet at the setback line of the front yard, and must
have a maximum length/width ration of five to one (5:1) on lots less than
two (2) acres. 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-3 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 twenty-five
(25) feet from the front lot line, ten (10) feet from the side lot line (applicable
to primary/ principal structures), and twenty-five (25) 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-3 developments proposed after the adoption of the ordinance
must be served by public water and sewer.
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