Harrisonburg amends zoning rules so some single‑family homes in B‑2 and M‑1 can stay residential

Harrisonburg City Council voted Feb. 25 to amend two sections of the city zoning ordinance so certain nonconforming single‑family detached dwellings in the B‑2 and M‑1 districts may remain a residential use without rezoning or a special‑use permit if they meet defined criteria.

Adam Fletcher, director of community development, told council the change grew out of a rezoning request for 895 North Liberty Street, where a buyer learned after purchase that a single‑family home had been converted to a duplex without proper approvals. Under the existing code, expansions or increases in intensity can terminate nonconforming status and require compliance with current zoning.

The amendment adds a narrowly drawn administrative pathway: a qualifying structure may retain residential status provided two conditions are met — the total square footage of the structure does not increase and occupancy remains at or below a baseline equivalent to the city’s urban residential occupancy (essentially a single‑family occupancy or the equivalent two‑person baseline used in the UR district). Fletcher said the change also codifies an explicit allowance to keep nonconforming buildings in good repair.

Fletcher said staff’s GIS review found about 110 parcels with a single‑family detached dwelling in either B‑2 or M‑1 districts; roughly 40 of those are planned for nonresidential uses. Staff and the Planning Commission (which recommended approval 6‑0) described the proposal as a narrowly tailored response to “unfortunate circumstances” in which property owners discover an undocumented change in use.

Council members asked about how the rule would affect permits for enlargements and the geographic distribution of affected parcels. Fletcher said owners would still need building permits and that enlargements that increase intensity would not qualify; the administrative approval does not create a new unrestricted residential right for industrially planned parcels.

Council moved and approved the amendment by roll call. The motion passed with all voting members present voting aye; one council member was recorded absent during the roll call.

The ordinance amendment is intended as a targeted, administrative remedy for a limited class of nonconforming residential structures and does not change the underlying zoning designations of affected parcels.