
The R-2 zoning classification was amended on December 15, 1998 to only allow up to two unrelated people in an R-2 zoned property. Prior to that time, up to four unrelated people could have lived in the property. All that said, if an R-2 zoned property was being inhabited by four unrelated people prior to that zoning change (12/15/1998) and has been ever since that time, without a 24 month gap, then it can continue to be used in that way.
Otherwise, if you own an R-2 zoned property, even if it has four bedrooms, even if it is close to the JMU campus, even if everybody else on the street rents their house out to four unrelated students, you cannot per the zoning ordinances.
Below is an excerpt of an article from the Daily News Record that discusses one property owner's request to the City to allow him to use an R-2 zoned property as a rental property for more than two unrelated people. I think his request was reasonable, in some ways, based on the use of neighboring properties, but read on to discover what the City thought and what they decided.
Council Kills Special-Use Permit Request
By Tony Brown, Daily News-Record
March 16, 2017
HARRISONBURG - Ted Byrd played sheriff at Tuesday night's regular City Council meeting.
He deputized the other four council members and led a unanimous posse to gun down a petition for a special-use permit for an old house on Old South High Street downtown.
He said the property owner was trying to get out of breaking the law.
"This was an illegal use from the getgo," the lone Republican on council said. "Sometimes, you gotta draw the line. This is begging for forgiveness instead of asking for permission. We're either a body of laws, or not."
Byrd was so persuasive that he converted Democrat Richard Baugh, who did a complete 180 on the issue.
As the elected council's representative on the appointed Planning Commission, Baugh was part of a unanimous decision by the commission to recommend council approve the petition.
The city planning and zoning staff also is on record recommending the change.
Click here to read the entire article.