RM1 Zoning

Definitions

By Right & Special Use Permit Uses

Lot & Building Requirements

Special Lot and Building Requirements for Townhouses

Definitions

RM-1 (Multiple-Family Residential District): A zoning district that provides for multi-family residences, including townhouse developments and garden-type apartments. Developments must be in appropriate locations in order to provide convenient and compact residential neighborhoods, the efficient provision of public services and facilities, and a range of housing prices, including moderate.

Lands qualifying for inclusion in the RM-1 district include areas zoned RM-1 on December 13, 1999 and other lands designated as Urban Expansion areas in the Comprehensive Plan.

The minimum area required to create a district is one (1) acre of total contiguous land.

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.

Multi-Family Dwelling: A building meant to be occupied by three or more families living independently and containing three or more units. Does not include town or row houses or fraternities.

By Right & Special Use Permit Uses

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 Attached Dwellings (townhouses)
• Two-Family Dwellings (duplexes)
• Multi-Family Dwellings (apartments)
• Home Occupations Public Facilities
• Public Utility Lines (water, sewer, and other)
• Schools
• Attached Telecommunications Towers
• Pets, Household

Other uses require a special use permit granted by the Board of Supervisors on recommendation from the Planning Commission. Special Use permits are subject to the requirements of the Zoning Ordinance and all other applicable regulations. Uses permissible by special use permit include:

• Cemeteries
• Civic Clubs
• Congregate Care Facilities
• Day Care Centers
• Dormitories
• Fire, Police, and Rescue Stations
• Funeral Homes
• Golf Courses
• Group Homes
• Medical Care Facilities
• Nursing Homes
• Lighted and Unlighted Parks Lighted and Unlighted Playgrounds
• Public Utility Substations
• Senior Living Facilities.

Lot & Building Requirements?

According to the 1999 Zoning Ordinance, the minimum lot area in the RM-1 district is 6,000 square feet. In addition, the maximum lot coverage can not exceed more than 40% of the gross site area. Gross development density for multi-family units can not exceed twelve (12) dwellings per acre, and net density can not exceed fifteen (15) dwellings per acre. Impervious surfaces can not exceed more than 60% of the gross site area. the minimum lot width is sixty-four feet at the setback line of the front yard for multi-family structures.

There are minimum green space requirements as well. Fifteen percent (15%) of the gross acreage of the tract must be reserved as common green space and developed as either active recreation and/or passive park use. All such green space lots must have a length/width ration of no less than five to one (5:1) It should be noted that active recreation space is defined as common open space area that does not include proposed street right-of ways, parking areas, driveways, or sites reserved for schools or religious institutions. In the RM-1 zoning district, active recreation space must be suitably graded and equipped for active recreational facilities (playground, ball fields, and the sort) to serve the residents of the development. Passive park space shall be designed to preserve important site amenities and environmentally sensitive areas.

The minimum setback requirements vary depending on the type of structure. For all buildings in the RM-1 district, the front setback is twenty-five (25) feet, the rear setback is thirty (30) feet, and accessory structures must be at least ten (10) feet from the side and back property lines. For two-family structures (duplexes), the side setback is a minimum of twenty-five (25) feet. The minimum setback between multi-family structures and between multi-family structures and the lot line is twenty-five (25) feet. All required side yard dimensions in between townhouse and multi-family groups are the minimum dimensions that must be clear of other structures such as air handling units and storage units so as to allow for the passage of emergency vehicles.

In the majority of cases, the maximum building height is thirty-five (35) feet from grade, with three exceptions:

• The height of a dwelling may be 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 semi-public building (school, church, library, or hospital) can be sixty (60) feet from grade provided that the front, side, and back yards are increased one (1) foot for each foot in height over thirty-five (35) feet.
• No accessory building which is within ten (10) feet of any party lot line shall be more than one (1) story high.

All accessory buildings must be less than the main height of the building. In addition, all developments, including townhouses, in the RM-1 District must be served by public water and wastewater.

Finally, lots must me accessed from a road in the Virginia Department of Transportation (VDOT) system or must be a hard-surfaced road designed by a Professional Engineer and approved by the Zoning Administrator to accommodate projected volumes, loads and vehicle types.

Special Lot and Building Requirements for Townhouses

The lot and building requirements differ, depending on what you are constructing in the RM-1 zoning district. Townhouse (single-family attached) are treated differently than all other uses in the district.

First, the minimum lot size is 2,000 square feet, and the lot must be a minimum of 16 feet in width. Maximum lot coverage is 40% of the gross site area. The gross development density can not exceed 8 dwellings per acre; the net density can not exceed 10 dwellings per acre.

The setback rules vary as well. The front setback must be 25 feet, and the rear setback is a minimum of 30 feet. The side setback for townhouse groups is 15 feet and 25 feet between end townhouse units and the actual lot line.

Finally, townhouse groups can have no more than 8 units and no less than 3 units per connected group. Beyond these specifics, all other lot and building requirements apply to townhouses.