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The code of the city of Charlottesville, Virginia, 1965 :

the charter and the general ordinances of the city
  
  
  
  
  

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Article VI. R-3 Multiple-Dwelling Districts.
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Article VI. R-3 Multiple-Dwelling Districts.[16]

Sec. 16. Regulations generally.

The regulations set forth in this article, or set forth elsewhere
in this chapter,[17] when referred to in this article, are the R-3
multiple-dwelling district regulations. (2-17-58, § 33-16.)

 
[17]

This Appendix.


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Page 586

Sec. 17. Use regulations.

A building or premises shall be used only for the following
purposes:

1. Any use permitted in the R-2 residential district.

2. Multiple dwellings.

3. Religious, educational and philanthropic institutions, but
not penal or mental institutions.

4. Private clubs, fraternities, sororities, and lodges, excepting
those the chief activity of which is a service, customarily carried
on as a business.

5. Dormitories.

6. Accessory buildings and uses customarily incident to any
above uses, including parking lots or storage garages where the
lot is occupied by a multiple dwelling, hospital or institutional
building, and where the parking facilities serve only such
buildings. If a storage garage is not a part of the main building it
shall be located in the rear yard.

7. Hospitals and clinics, but not animal hospitals or clinics,
nursing homes, provided that any such building shall be located
not less than fifty (50) feet from any side or rear lot line other than
a street line.

8. Rooming and boardinghouses.

9. Greenhouses; provided, that no greenhouse heating plant
shall be operated within 100 feet of any lot line.

10. Town houses, subject to the approval of a site plan as
specified in article VI, section 19, subsection 6. (2-17-58, § 33-17;
6-6-66; 7-20-70.)

Sec. 18. Height regulations.

Subject to the restrictions of Table 6 of the city Building Code,
no building shall exceed eighty-five (85) feet in height above the
average street level. This average street level shall be determined
by taking the average between the level of the highest and lowest
streets adjacent to the property. The eighty-five (85) foot height
limitation shall not apply to the height of appurtenances
necessary for the use and operation of the building and the height
of accessory buildings shall be as provided in article XIII hereof.
(2-17-58, § 33-18; 4-5-65.)

Sec. 19. Area regulations.

1. Front yard. There shall be a front yard having a depth of not


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Page 586.1
less than twenty-five (25) feet, unless forty (40) per cent or more
of the frontage on the same side of the street between two
intersecting streets is improved with buildings that have a front
yard that is greater or less than twenty-five (25) feet, in which
instance, no building shall project beyond the average front yard
so established, but this regulation shall not be interpreted to
require a front yard of more than fifty (50) feet.

2. Side yard. There shall be a side yard of not less than ten (10)
feet on each side of the building. For three (3) story buildings,
there shall be a side yard on each side of the building of not less
than twelve (12) feet. Where an R-3 multiple dwelling district
abuts an R-1 or R-2 dwelling district the minimum required side
yard shall be not less than twenty-two (22) feet.

3. Rear yard. The rear yard regulations are the same as in the
R-1 residential district.

4. Lot area.

(a) A lot occupied by a single-family dwelling or by a
two-family dwelling shall contain a lot area of not less than five
thousand (5,000) square feet.

(b) A lot occupied by a multiple dwelling shall contain a lot
area of not less than one thousand (1,000) square feet per family.

5. Two or more buildings on same lot. In the event two (2) or
more main buildings are erected on the same lot or tract, there
shall be a minimum distance of fifty (50) feet between the
buildings on all sides. If, however, any such building or buildings
shall face on and have access to a street accepted into the city's
street system or an undedicated private thoroughfare built to city
standards for width and construction, then such building or
buildings may be located according to setback requirements for
front and rear yards, and separated by a distance equal to twice
the side yard requirements of the R-3 multiple dwelling district.

6. Regulations relating to town houses. The foregoing area
requirements notwithstanding town houses, shall be governed
solely by the following area regulations:

(a) Site plan. A plan for the development of the entire site to
be used for town houses shall be submitted to and approved by
the city planning commission prior to the issuance of any building
permit. A copy of such approved site plan shall be retained in the


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records of the city planning department and the building official
and all building permits issued for the subject property shall
conform to the provisions of the site plan.

(b) The site plan shall comply with all of the following
requirements:

(1) Minimum site area, twelve thousand (12,000) square
feet.

(2) Lot area. A lot occupied by a town house shall contain a
lot area of not less than two thousand (2,000) square feet.

(3) Density. No town house project or portion thereof shall
have an overall density greater than one dwelling unit per two
thousand four hundred (2,400) square feet of gross site area.
Streets, access easements used as streets and parking areas may
not be counted in meeting this two thousand four hundred (2,400)
square foot minimum.

(4) Frontage. Lot frontage, measured at the building line,
for individual dwelling units of a town house development shall
have an average minimum width of twenty (20) feet but in no case
shall the frontage be less than sixteen (16) feet. Lot width for end
units shall be adequate to provide required front and side yards.

(5) Limitation on number of units. No more than eight (8)
town houses shall be included in any one town house grouping.

(6) Yards:

a. Front yard. There shall be a front yard having a depth
of not less than ten (10) feet from abutting interior courts, drives,
access easements or local streets, twenty (20) feet from all
collector streets and thirty (30) feet from all arterial streets.
Street classification shall be according to a map approved by the
planning commission.

b. Side yard. For the purpose of the side yard
regulations, a town house building shall be considered as one
building on one lot with side yards required for end units only.
Such side yard shall be not less than ten (10) feet on each side of
the building. Town house groupings on corner lots shall be
required to provide an additional ten foot side yard set back.

c. Rear yard. There shall be a rear yard of not less than
thirty (30) feet. A carport, or a parking garage may occupy the
rear yard.


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(7) Fire walls, party walls and fire division. Attached
dwellings shall be separated by a wall meeting fire protection
requirements as set forth in the Virginia Statewide Building
Code, as amended.

(8) Height. The building heights shall be no greater than
forty (40) feet measured from the average level of the ground
adjacent to the front exterior wall.



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(9) Access. Each town house shall front on a dedicated
public street or a thirty-four (34) foot minimum width access
easement. If access is to be provided by means of a private access
easement, the following minimum standards of development shall
be observed.

a. Pavement width of twenty-four (24) feet minimum.

b. Concrete curb and gutter on both sides of street or
easement.

c. Sidewalk five (5) feet in width on at least one side of
the easement, constructed of concrete, brick, stone, gravel or
some other material of reasonable durability and safeness.

d. All construction in accordance with City of
Charlottesville standards and specifications.

e. The radius for all cul-de-sacs shall be at least forty
(40) feet.

(10) Architectural treatment. The facades of dwelling
units in a town house development shall be varied by changed
front yards of not less than three feet and variation in materials
or design, so that no more than four (4) abutting units will have
the same front yard depth or the same or essentially the same
architectural treatment of facades and roof lines.

(11) Requirements for common areas and exterior maintenance
of individual town houses. Common areas shall be maintained
by and be the sole responsibility of the developer-owner
of the town house development until such time as the developer-owner
conveys such common area to a nonprofit corporate
owner whose members shall be all of the individual owners of
the town houses in the town house development. Said land shall
be conveyed to and be held by said nonprofit corporate owner
solely for recreational and parking purposes of the owners of the
individual town house lots in the development. In the event of
such conveyance by the developer-owner to a nonprofit corporate
owner, deed restrictions and covenants, shall provide,
among other things, that any assessments, charges and costs of
maintenance of such common areas shall constitute a pro rata
lien upon the individual town house lots, inferior in lien and
dignity only to taxes and bona fide duly recorded first and second
mortgages or deeds of trust on each town house lot. Maintenance
of town house exteriors, lawns, refuse handling, lighting and
drainage shall be provided in a similar manner so as to discharge
any responsibility from the City of Charlottesville.

(12) Parking. Required off-street parking spaces of two (2)


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spaces per dwelling unit shall be provided on individual lots or
within a common area maintained by the Commons Association
within one hundred fifty (150) feet of the lot. Appropriate
screening of the parking area shall be required where development
abuts an R-1 or R-2 district.

(c) The site plan submitted for approval shall show the
following information:

(1) The proposed title of the project, the name of the titled
owner, the name of the developer, and the name of the engineer or
architect.

(2) The northpoint, scale and date. (Scale not greater than
1" 100').

(3) The boundaries of the property involved, property
lines, existing streets, buildings, watercourses, waterways or
lakes and other existing physical features in or adjoining the
project.

(4) Topography of the project area with contour intervals
of five (5) feet or less.

(5) The location, materials and sizes of sanitary and storm
sewers, water mains, culverts and other underground structures
in or near the project.

(6) The location, dimensions and character of construction
of proposed streets, alleys, loading areas, (including numbers of
parking loading spaces), landscaping materials, fencing, outdoor
lighting systems, storm drainage and sanitary facilities.

(7) The location and dimensions of proposed lots, setback
lines and easements, and proposed reservations for parks,
parkways, playgrounds, school sites and open space.

(8) Location with respect to each other and to lot lines of
all proposed buildings and structures.

(9) Preliminary plans and elevations of the several
dwelling types and other buildings, as may be necessary.

(10) Location, height and material of all fences, walls and
screen planting.

(11) Location, character, size and height and orientation of
proposed signs.

(12) A tabulation of total number of acres in the project
and the percentage thereof, proposed to be devoted to the several
dwelling types, off-street parking, streets, parks, schools and
other reservations.

(13) A tabulation of the total number of dwelling units of


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Page 588.3
various types in the project and the overall project density in
dwelling units per gross acre.

(14) Appropriate dedication statement for all streets, open
spaces, easements and other areas to be dedicated for public use.

For the purpose of this subsection (§19 6c), the planning
commission may establish additional information requirements
for site plans, and in special cases, may waive a particular
information requirement if, in its opinion, the inclusion of that
requirement is not essential to a proper decision on the project.
(2-17-58, § 33-19; 1-6-64; 6-5-67; 7-20-70; 7-15-74.)

 
[16]

As to parking vehicles containing livestock in R-3 multiple-dwelling
districts, see § 3-10 of this Code. As to parking house trailer in R-3 residential
district, see § 33-2.