JUNE 23, 1992 MINUTES
City c:>t Virgi:n.ia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MA YOR MEYERA E OBERNDORF, At-La'ge
VICE MAYOR ROBERT E. FENTRESS, V;'gima Beach &mugh
JOHN A. BAUM, Blackwat" &.ough
JAMES W. BRAZIER, JR., Lynnhaven &mugh
ROBERT W. CLYBURN, Kemp",;!le &mugh
HAROW HEISCHOBER. At-La,ge
LOUIS R. JONES, BaYSlde &'ough
PAUL J. LANTEIGNE, Pungo &'ough
REBA S. McCLANAN, P"n",' Anne &'ough
NANCY K PARKER, At-La,ge
WILLIAM D. SESSOMS, JR., At-La'ge
JAMES K SPORE, City Manag"
LESLIE L LILLEY, City Attom'Y
RUTH HODGES SMITH, CMC ¡ AAE, CIty C/"k
CITY COUNCIL AGENDA
281 CITY HALL BUIWING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9005
18041 427-4303
JUNE 23, 1992
ITEM I.
INFORMAL SESSION
- Counci I Chamber - 3:30 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
ROLL CALL OF CITY COUNCIL
C.
RECESS TO EXECUTIVE SESSION
ITEM II.
CERTIFICATION OF EXECUTIVE SESSION
- Counci I Chamber - 4 :20 PM
ITEM III.
CITY MANAGER'S BRIEFING
- Counci I Chamber - 4:30 PM
A.
HISTORIC ARCHITECTURAL SURVEY PROJECT
Wi II iam Frazier, Frazier Associates
ITEM IV.
TOUR: ICE STORAGE SYSTEM AT CENTRAL HEATING PLANT
5:00 PM
ITEM V.
FORMAL SESSION
- Counci I Chamber - 6:00 PM
A.
CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Fritz Stegeman
Open Door Chapel
C.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D.
ELECTRONIC ROLL CALL OF CITY COUNCIL
E.
MINUTES
1 .
INFORMAL & FORMAL SESSIONS
June 9, 1992
F.
MAYOR'S PRESENTATION
Shannon Holly - "Miss Virginia Beach"
Apri I Wi Ison - "Miss Tidewater"
G.
CONSENT AGENDA
A II matters listed under the Consent Agenda are cons i dered in the
ordinary course of business by City Counci I and wi II be enacted by
one ootion in the form listed. I f an item is removed from the Consent
Agenda, it wi II be discussed and voted upon separately.
1 .
Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, (to conform to the 1992 amendments to the Virginia
Motor Vehicle Code):
a.
Sections 21-3,21-150,21-195,21-273,21-312,
21-371 re ootor vehicle and traffic code
21-321.1 and
b.
Sections 21-337, 21-338, 21-340 and 21-341 re driving under the
influence.
2.
Ord i nance to AMEND Ord i nance No. 92-2131 F author i zing the City
Manager to transfer funds from the Economic Development Investment
Program to the Development Authority (correction of Fiscal Year).
3.
Ordinances to ACCEPT and APPROPRIATE Grants; and, increase
estimated revenues from the Commonwealth by corresponding amount:
a.
$250,000 from the Virginia Board on Conservation and
Development of Public Beaches to the FY 1991-1992 Department of
Public Works Budget re supplement the city's sand replenishment
program.
b.
$150,000 from the Virginia Department of Game and Inland
Fisheries to the Department of Parks and Recreation
re Improvement of Owl's Creek Boat Ramp (CIP 4-956).
c.
$25,265 from the State Department of Criminal Justice Services
to the Commonwealth's Attorney Victim Witness Program
re establ ishing one (1) full-time temporary position for
FY 1992-1993, subject to continuation of these grant funds.
4.
Ordinance to APPROPRIATE $724,807 from the State Compensation Board
to the FY 1992-1993 Sheriff's Department Budget re 36 additional
Sheriff's Deputy positions; increase FY 1992-1993 estimated
revenues from the Commonwealth by $724,807;
AND, TRANSFER $133,514 from the Reserve for Contingencies-Salary
for the City's portion of the above deputy positions.
5.
Ordinance to APPROPRIATE $76,800 from the Federal Government to the
FY 1991-1992 Sheriff's Department Budget re one-time educational
bonus to Sheriff's Deputies and additional training; increase
FY 1991-1992 estimated revenues from the Federal Government by
$76,800; and unexpended funds be carried forward into FY 1992-1993.
6.
Ordinance to APPROPRIATE $11,833 from the Parks and Recreation Gift
Fund to various accounts in accord with trust agreements.
H.
7.
Ordinance to APPROPRIATE $980 from the Francis Land House Board of
Governors Trust Fund to the General Fund for construction of
exhibit cases.
8.
Authorization of Annual Permit Renewal for area private, municipal
and non-prof it organi zations operati ng emergency medical services
agencies or vehicles within the City, pursuant to Section 10.5-2 of
the City Code.
9.
LOW BID:
CROWDER CONSTRUCTION
COMPANY
Lake Gaston Water Supply
Pea Hi II Creek (CIP 5-964)
$ 11,445,350.00
LOW BIDS with advance notice to proceed:
CONTRACTORS PAVING
COMPANY, INC.
Courthouse Loop North
Phase I (CIP 2-078)
992,720.56
ASPHALT ROADS &
MATERIALS CO, INC.
1991-1992 Asphalt Concrete
(Profiling & Resurfacing)
(CIP 2-816)
786, 80 9. 14
10.
Ordinances authorizing license refunds in the amount of $21,685.72.
ORDINANCES
1 .
Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a.
Section 2-267 re Department of Public Works
b.
Sections 6-13, 6-137, 6-139, 6-152 and 6-154 re beaches, boats
and waterways
c.
Sections 8-1,8-8,8-72,8-111,8-146,8-173,8-186 and 8-192
re bui Idlngs and building regulations
d.
Sections 19-16, 19-17, 19-18 and 19-19 re oobile homes
e.
Sections 30-37, 30-40, 30-41, 30-57, 30-59, 30-61, 30-71, 30-73
and 30-74 re soi I reooval and other land disturbing activities
f.
Sections 33-6 and 33-114.1 re streets and sidewalks
g.
Sections 37-68 and 37-71 re water supply.
2.
Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, as it pertains to the Subdivision Ordinance:
a.
b.
Section 1.1
Section 2.1
Section 3.2
Section 3.3
Sect i on 4. 1
Section 4.3
Secti on 6.1
Section 6.3
re street
re submittal, approval and recording of plats
re conditional preliminary plat approval
re approval of final plat
re streets and alleys
re blocks
re preliminary plats and data
re final plats and data.
c.
d.
e.
f.
g.
h.
3.
Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, as it pertains to the Site Plan Ordinance:
Section 1 re definitions
Section 5A(2) re applicabi Iity
Section 5A(3) re procedures
Section 5A(8) re installation and bonding requirements.
a.
b.
c.
d.
Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, as it pertains to the Tree Planting, Preservation
and Replacement Ordinance:
4.
a.
b.
Section 1.3 re definitions
Section 1.4 re application
Section 1.6 re variances and appeals.
c.
Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, as it pertains to the Chesapeake Bay Preservation
Area Ordinance:
5.
a.
b.
Section
Section
Section
Section
Section
Section
Section
Section
DELETED
Section
Section
Section
Section
Section
Section
Section
103 re definitions
104 re areas of applicability
107 re Interpretation of boundaries
108 re performance standards
109 re water quality impact assessment
110 re plan of development process
111 re nonconforming buildings and structures
112 re exemptions
Section 113 re Review Committee
114 re var lances
115 re appeals
116 re violations
117 re severability
118 re vested rights
119 re enforcement
120 re effective date.
6.
Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
c.
d.
e.
f.
g.
h.
i .
j.
k.
I .
m.
n.
o.
p.
a.
Section 111 re definitions
Sections 215,221,239.1,273, 1403 thru 1406 and 1603 thru
1605 re nonconformi ng signs, procedura I requ i rements, genera I
standards for cond I t I ona I uses, pr i vate sewage treatment and
permits.
b.
7.
Ordinance to TRANSFER $89,997 from the Department of Pub! ic Works
to the Department of P I ann i ng re waterfront operations for FY
1992-93.
I .
PUBLIC HEARING
1 .
PLANNING BY CONSENT
Appl ication of D. M. MALBON to authorize an extension of time
for the change in a nonconformi ng use for the expans i on of a
bulk storage yard at the intersection of 18th Street and
Arctic Avenue, containing 14,375 square feet (VIRGINIA BEACH
BOROUGH) .
a.
Staff Recommendation:
APPROVAL
2.
b.
Appl ication of RICHARD H. and LINDA D. PALMER for a Conditional
Use Permit for a single-fami Iy dwell ing in the AG-2
Agricultural District on the West side of Charity Neck Road,
North of Gum Bridge Road (3973 Charity Neck Road), containing
2 acres (PUNGO BOROUGH).
Recommendation:
APPROVAL
c.
Application of WELCOME CORPORATION, d/b/a THRIFTY CAR RENTAL,
for a Conditional Use Permit for a car rental establ ishment at
the Southern terminus of North Mall Drive, West of
Lynnhaven Parkway (701 North Lynnhaven Parkway), containing
100 square feet (LYNNHAVEN BOROUGH).
Recommendati on:
APPROVAL
d.
Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
1 .
Section 227 re borrow pits
2.
Section 501 re use regulations for child care centers and
chi Id care education centers in churches
3.
Section 801 re use regulations for social centers,
eleemosynary establishments and athletic clubs in the
Office Districts
Recommendation:
APPROVAL
PLANNING - RECONSIDERATIONS
a.
RECONSIDERATION OF CONDITION Number 4 in the Apri I 28, 1992,
Approved Appl ication of THE MOST REVEREND WALTER F. SULLIVAN,
Bishop of the Diocese of Richmond, for a Conditional Use Permit
for a Cathol ic high school on the East side of Princess Anne
Road, 1300 feet more or I ess South of Green Meadows Dr i ve,
containing 15 acres (KEMPSVILLE BOROUGH).
Scheduled for Reconsideration:
May 26, 1992
Staff Recommendation:
Defer indefinitely re school site
b.
RECONSIDERATION OF CONDITIONS Numbered 1, 6 and 7 in the
March 24, 1992, Approved Appl ¡cation of BUNGEE THRILLS, INC.,
for a Conditional Use Permit for a recreational and amusement
faci I ity of an outdoor nature (bungee jumping) on the West side
of Atlantic Avenue, South of 3rd Street, containing 1.6 acres
(LYNNHAVEN BOROUGH).
Deferred:
June 9, 1992
Staff Recommendation:
APPROVAL
c.
RECONSIDERATION OF CONDITIONS in the November 26, 1991,
Approved Appl ication of ROSEMONT FOREST COMMERCIAL ASSOCIATES
for a Cond i tl ona I Use Permi t for a commerc i a I recreati ona I
faci I ity other than that of an outdoor nature
(slot car raceway) at 4221 Pleasant Valley Road, Unit #33,
(KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
6/18/92 I bs
3.
PLANNING
a.
Petition of WHITT SESSOMS III for the discontinuance, closure
and abandonment of a portion of a fifteen (15)-foot alley
adjacent to Lots 4, 5, 16 and 17, Block 20, Croatan Beach,
containing 1,500 square feet (LYNNHAVEN BOROUGH).
Recommendat i on:
APPROVAL
b.
Application of NELSON MORRIS for a Conditional Use Permit for a
single-fami Iy dwell ing in the AG-2 Agricultural District on the
South side of Pleasant Ridge Road, 879 feet West of
Dawley Road, containing 3 acres (PUNGO BOROUGH).
Recommendation:
APPROVAL
c.
Application of WILLIAMS HOLDING CORPORATION and JOSEPH E. and
JACK P. BURROUGHS for a Conditional Use Permit for
single-fami Iy homes in the AG-l and AG-2 Agricultural Districts
on the Southwest side of Seaboard Road, 3500 feet more or less
Northwest of Princess Anne Road, containing 264.62 acres
(PRINCESS ANNE BOROUGH).
Recommendation:
DENIAL
J.
UNFINISHED BUSINESS
1 .
NEW BUSINESS
COUNCIL-SPONSORED ITEMS:
K.
L.
ADJOURNMENT
a.
Resolutions re REAPPORTIONMENT:
1 .
Providing for a Referendum on the General Assembly Question
to amend the City Charter and change Borough designation
and the method of electing Members of City Counci I.
(Sponsored by Mayor Meyera E. Oberndorf)
2.
Directing Staff to prepare necessary documents and provide
for real ignment of Boroughs and change the method of
electing Members of City Counci I.
(Sponsored by Counci Iman Paul J. Lanteigne)
b.
Resolution granting vehicular access points to Princess Anne
Road in behalf M.P.B. INC. for property at College Crescent
(PRINCESS ANNE BOROUGH).
(Sponsored by Counci I woman Reba S. McClanan)
* * * * * * *
CITY COUNCIL RECESS
JULY 15 - 31, 1 992
* * * * * * *
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 23, 1992
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Tuesday,
June 23, 1992~ at 3:30 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
'Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
(OUT OF THE CITY with his
grandchildren)
- 2-
ITEM # 35736
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3).
To-Wit:
Acquisition of Property - Princess Anne Borough/Municipal Complex
Acquisition of Property for Parking and Roadway Purposes -
Sandbridge
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn,
Council voted to proceed into EXECUTIVE SESSION.
City
Voting:
10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
- 3-
Item II-A.
ITEM # 35737
Mayor Meyera E. Oberndorf RECONVENED the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June
23, 1992, at 4:15 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Absent:
Louis R. Jones
T"nt:> ')':\
100')
- 4 -
Item II-E.l.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 35738
Upon motion by Councilman Clyburn, seconded by Councilman Baum, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE Wlm THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
T..- - ""
1"""
Ittøn uttnu
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35736,
Page No.2, and in accordance wi th the provisions of The Virginia
Freedom of Information Act; and, '
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; andt (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
~
mith, CMC/ AAE
June 23, 1992
- 5 -
CITY
MAN AGE R ' S
BRIEFING
HISTORIC ARCHITECTURAL SURVEY PROJECT
4:15 P.M.
ITEM # 35739
Robert Davis, Planner with the Planning Department, advised the City Counci I
APPROVED the City's participation in a Cost Share Agreement with the State of
Virginia to conduct a Architectural Reconnaissance Survey for the northern
portion of the City. Frazier Associates was hired to conduct the survey. Mr.
Davis introduced Wi II iam Frazier, Principal of Frazier Associates, to advise
the firm's recommendations.
Wi I I i am Fraz i er d i str i buted a DRAFT copy of the Arch I tectura I Reconna i ssance
Survey Report. Mr. Frazier introduced those in attendance who contributed to
the Survey: Robert Davis - Planner and developer of the Historic Sites Survey
Advisory Committee; Tom Ackiss - Chairman - Historic Sites Survey Advisory
Committee Member; Tony Lohman and Anne Henry - Members of the Historic Sites
Survey Advisory Committee. Mr. Frazier extended appreciation to all of the
Committee Members, the Planning staff and his staff consisting of Anne McCleary
- Project Editor, Lisa Tucker - Project Manager and Randy Sheirik - Surveyor.
The project consisted of completing a survey of over 200 properties, primari Iy
in the northern portion of the City. Of these, 170 historic sites were surveyed
at the Reconnaissance Level and 30 at the Intensive Level. A photograph of the
property was taken and a form comp I eted. I ndepth research was not conducted on
individual bui Idings; however, bui Idings were recommended for further research.
The project consisted of basic background and a written report on the
historical development of Virginia Beach into a series of themes for the
purpose of conducting further research. These themes are establ ished by the
State to ana I yze a II aspects of life in a Commun i ty' s growth and deve I opment
through time. A portion of the project consisted of a sl ide presentation with a
script.
Mr. Frazier advised the following historic sites were surveyed: all pre Civil
War Structures, outstanding examples of different styles and periods of
construction after the Civil War. Many areas where pre-1940 structures existed
were identified for future survey. Four hundred and seventeen (417) resources
and properties have previously been identified within the City of Virginia
Beach. Eighteen (18) themes were studied as suggested by the Virginia
Department of Hi stor i c Resources. The goa I was to attempt to .f i nd propert i es
through the survey which would relate to the different aspects of comlTllnity
I ife. Within the northern 2/3 of the City, the current survey focused primari Iy
on the Oceanfront, as well as Oceana. Additional identified sites were also
surveyed, scattered back inland from the Oceanfront, as suggested by the
Committee. United States Geological Survey quadrangle maps were also surveyed,
scattered back inland from the Oceanfront as suggested by the Committee. Survey
forms are prov i ded by the Vi rg i n i a Department of Hi stor i c Resources, used to
identify basic architectural data and historical information on each property.
These forms have been adapted and uti lized in the field. The factors
investigated were: ownership, age, condition, description, special features and
sources of historical information. The data was then utilized to generate a
final form through a computerized integrated preservation software provided by
the State. Floor plans were drawn for the more important complex bui Idings and
photographs taken at each site, with the negatives being placed in the Archives
in the Virginia State Library in Richmond. Copies of the photographs and forms
are also given to the Planning Department. Many of the earl jest surviving
structures in Vi rg i n i a Beach were not surveyed, as they were a I ready on the
National Register of Historic Places, i.e. the Thoroughgood House. However,
the survey did update the documentation on several earl ier dwell jngs, which had
been previously surveyed.
Through the uti I ization of sl ides, Mr. Frazier displayed various forms of
architecture. Wolfsnare Plantation, dates to the Mid Eighteenth Century and
illustrates one of the oldest plan types found in the area with a central hall.
The home represents a typical dwell ing of the planter class el ite of that era.
.llOn<=> ?'\
1 OO?
- 6 -
CITY
MAN AGE R ' S
BRIEFING
HISTORIC ARCHITECTURAL SURVEY PROJECT
ITEM # 35739 (Continued)
The next period of houses surveyed dates to the first half of the Nineteenth
Century. The majority of the surveyed properties featured a side-passage,
double-pi Ie plan with two end fireplaces illustrated by the Old Comfort
farmhouse. During this era, local residents began to bui Id larger, finer houses
finished with "Federal" period woodwork. Bui Iding characteristics of the
Eighteenth Century were carr i ed from th is era into the Nineteenth Century as
displayed by the shed dormers and gambrel roof of Tal I wood. Only three houses
of this period in the survey, which have the full two stories, are the DeFord
House, Broad Bay Manor and the Fentress House.
Some of the earlier architectural forms and plans were continued after the
Civi I War, as depicted in the Ewell House which has a double-pi Ie, side passage
plan and two full stories. Few late 19th Century farmhouses were recorded in
the survey. One of the more common house types was the I-house and refers to a
single-pi Ie, central page plan. Other late Nineteenth century houses illustrate
more regular forms that became increasingly popular during the Victorian era.
One of the most common was the L-shaped dwelling on Credle and Holland Road.
Many of these houses have decorative trim known as "gingerbread" on the eves
and on the front porch. Many of these came out of national bui Iding magazines
of the period.
By the early Twentieth Century, house plans and styles were drawn from
architectural pattern books in popular magazines. The bungalow is one of the
most popular types resulting from this trend. Many of these are contained in
the Beach area. Beach arch i tecture exh i bits a rich pattern of sty I es and
influence and range from the international style to the Spanish mission style.
The majority of the earl iest development on the oceanfront no longer exists.
Several surviving examples are located along Pacific Avenue at Eleventh Street.
These early settlements were created as summer cottages by prominent fami lies
from Richmond, Lynchburg and other areas of the State. Another early
development is located between Twenty-second and Twenty-fourth Street and
developed around the nearby Lifesaving Station. This area incorporates a
variety of styles including the popular Colonial Revival. North of the Resort
Area, the res i dents were bu i I t for year' round purposes intended to be much
larger and more substantial than those at the southend. These were executed in
both frame and masonry. The Colonial Revival remained the most popular choice.
The North End also contained the gambl ing clubs associated with the Prohibition
Era. Two of these are included in the current survey: the Gables on Holly
Crescent and the Crysta I Club, now Greystone Manor, on Wi I der Road of f of
Fifty-second Street extended.
At the turn-of-the-century, many of the hotels, excluding the larger Princess
Anne Hotel, were shingled resort cottage designs built on a slightly larger
scale to provide enough space for visitor accommodations. The Avamere Hotel is
an example of this architecture which sti II survives. The Plnewoods is a second
type of early hotel exhibiting a more commercial form. The hotel was
constructed by the Laskin tami Iy and reflects the deep rectangular store
bui Idings, with a three-story elevation and more styl istic features. Recreation
is a dominant theme in much of the development of the Resort area beginning in
the early Twentieth Century. The Peppermint Beach Club, originally known as the
New Casino, is one of the few surviving of this era.
With the rapid increase in population during and after World War II, multiple
tenant types of bui Idings arose at the Beach. An early apartment complex
located on Sixth Street is shown here. One of the few surviving early Twentieth
Century neighborhoods is Oceana with its many bungalow residents.
By the 1950's, the entire Oceanfront was beginning to be redeveloped and today
the boardwalk is I ined with many modern, international motels.
The Community of Seatack was another residential area surveyed from the early
Twentieth Century associated with the early Afro-American community. St.
Stephen's Church, a fine example of a small rei igious structure, was executed
in artificial stone.
June 23. 1992
CITY
MAN AGE R ' S
- 7 -
HISTORIC ARCHITECTURAL SURVEY PROJECT
BRIEFING
ITEM # 35739 (Continued)
Severa I turn-of-the-century churches were surveyed, i .e. Haygood
Methodist Church with its predominant steeple and unusual dormers.
United
The Virginia Beach Civic Center was the first dome bui It in the United States
in 1958. One of the two early medical structures surveyed was the Tuberculosis
Hospital, now Willis Wayside furniture store.
Mr. Frazier advised the recommendations for the National Register and Survey:
POTENTIAL INDIVIDUAL NOMINATIONS
Cooke House
Cavalier Hote I-on-The-H I I I
Edward Cayce Hospital/Association
for Research and Enllghtment
Broad Bay Manor
Fentress Farm House
Church Point Manor House
Greystone Manor/Masury House
Ferry Farm
Tal I wood
Turn-of-the Nineteenth Century
DeFord/Hunter House
Hermitage
Kenstock
Sajo Manor House
Cooke House*
320 51 st Street
67th Street and Atlantic
1710 Dey Cove Drive
1772 Sa I em Road
Church Point Road
515 Wi I der Road
Cheswick Court
1676 Kempsvi lie Road
704 King's Grant Road
Avenue
4200 Hermitage Road
2416 Kenstock Drive
Sajo Farm Road
77th Street
*One of two houses in the State designed by Frank Lloyd Wright.
POTENTIAL HISTORIC DISTRICTS
Ocean Historic District
Seatack Historic District
South of Virginia Beach Boulevard,
west of London Bridge Road
Only remaining early black community.
West edge of former Town of Virginia
Beach.
POTENTIAL HISTORIC MULTIPLE RESOURCE NOMINATIONS
Vlrlgnla Beach Resort Area
Recognizing the remaining resort
architecture from the first half
of the Twentieth Century.
Mr. Frazier advised the Recommendations for public education: Distribution of
Survey Forms to Property owners, Technical Rehabi I itation Information for
Property Owners, Expand Tour Brochures and Audio Tour Tape, Audio-Visual
Presentations on Historic Resources, Local Awards, Newspaper Article Series,
Cable Television Information Serves, Educate Local Real Estate Community,
Measured Drawings by Local Educational Institutions, Heritage Education in the
Schools and Create an Archives in the Library. The Recommendations for Planning
ental/: National Register Nominations, Zoning Study of Historic Sites for
Impact, Local Historic Zoning Ordinance, Easement Program, Historic Site Entry
into City Information Base (GIS), Public Properties Acquisition, Conditional
Zon i ng for Hi stor i c Sites in Rezon i ngs, Invest i gate and Prorrote Tax I ncent i ves
for Preservation, Preservation Strategies in the City's Comprehensive Plan.
June 23. 19q?
- 8 -
Item IV
ITEM # 35740
City Counci I RECESSED at 4:50 P.M. for a tour of the ICE STORAGE SYSTEM at the
Central Heating Plant with Dinner furnished by the contractor, Reid Ervin.
June 23, 1992
- 9 -
FOR MAL
S E S S ION
VIRGINIA BEACH CITY COUNCIL
June 23, 1992
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chamber, City Hall Bui Iding, on Tuesday,
June 23, 1992, at 6:00 P.M.
Counci I Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Nancy
K. Parker, Mayor Meyera E. Oberndorf and Will i am D.
Sessoms, Jr.
Counci I Members Absent:
Lou ¡sR. Jones
(OUT OF THE CITY with
his grandchi Idren)
INVOCATION:
Reverend Fritz Stegeman
Open Door Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 23, 1992
- 10 -
Item V-E.l.
MINUTES
I TEM II 3574 1
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Counci I APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 9,
1992.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
June 23, 1992
- 11 -
Item V-F.l.
ANNOUNCEMENT
ITEM # 35742
Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their
Merit Badges:
TROOP 481
Kings Grant Baptist Church
Art Shaw - Scoutmaster
Lane Cartledge
Dan i e I Gu II ck
Keith Hensley
Joe Menard
Ryan Smith
Andy Sugarmeyer
Chris Watters
TROOP 587
John Herzke - Scoutmaster
John Herzke, II
Paul Suter
Carl Michael Hertzler
Ben Matchet
Nicolas Ubbeloher
Mike Zenaroboa
Brian Robertson
TROOP 191
Daniel Anderson
Bobby Till ston
.Iflno ?<;
1r>..."
- 12 -
Item V-F.2.
MAYOR'S PRESENTATION
ITEM # 35743
Mayor Oberndorf introduced Polly Pearce, Beauty Pageant Host for Shannon Holly
- "Miss Virginia Beach". April Wilson - "Miss Tidewater" was unable to attend.
Both girls wi II compete in the Miss Virginia Pageant July 11, 1992, in Roanoke.
Miss Shannon Holley is a 22-year old Senior at Longwood College and plans to
pursue a Master's Degree in School Administration. Miss Holley possesses a
Bachelor of Science Degree in Elementary Education - NK 8. She is the daughter
of Mrs. Jean Ainsley, 3404 Green Holly Crescent and Mr. Dean Holley.
Miss Apri I Wi Ison is a graduate of the University of Virginia with a Bachelor
of Arts degree in Rhetoric and Communication. Miss Wi Ison wishes to pursue a
Master's degree in Communications. Her father is Dr. Harrison Wi Ison, President
- Norfolk State University. Miss Wilson was unable to be in attendance.
.llln!'> ?'I
1QQ?
- 13 -
Item V-F.3.
PROCLAMA T IONS
ITEM # 35744
ADD-ON
Mayor Oberndorf PRESENTED PROCLAMATIONS in recognition of unselfish dedication
to the following Counci I Members:
REBA S. MCCLANAN
Counci I Member
Princess Anne Borough
1 980 - 1 992
ROBERT E. FENTRESS
Vice Mayor
Cou nc I I Member
Virginia Beach Borough
1984 - 1 992
HAROLD HEISCHOBER
Counci I Member
At-Large
1980 - 1992
These PROCLAMATIONS proclaimed, on behalf of all citizens, a very sincere
expression of the deepest gratitude for service. All Members received a
STANDING OVATION.
'rnrlumuttnu
IHER£A$: Reba $. fficClanan was electeð in 1980 tn serve City Cnuncil as
the Princess Anne Bnrnugh representative anð frnm 1984
thrnugh 1986, she serveð as the ~ice ffiaynr;
JlJllBf.AS :
Reba fficClanan has serveð this cnmmunity tirelessly fur twelve
years as a ðeðicateð public servant;
IRfRfAJ: Reba fficClanan's interest in histnrical preservatinn resulteð
in the establishment nf the Francis Canð Hnuse as an
histnrical lanðmark anð, nnw, a cultural center frequently
useð fur receptinns, weððings, anð meetings;
IIJIIfJŒAJ :
Reba fficClanan has always been a frienð nf lanðscaping
asthetics anð playeð an impnrtant rule in the aðnptinn nf the
City's Canðscaping anð tree Prntectinn ~rðinances; anð
JDIIf.R£AJ :
Her service tn cur CUy has been ði1 igent, serving nn the
Aðvertising Review Aðvisnry Cnmmittee as Cnuncil Ciaisnn; an
nrganiÄer nf the Clean CnmmunUy Cnmmissinn; past Presiðent
nf the ~irginia Beach Cnuncil nf Civic ~rgani~atinns; member
nf the Aðvisnry Bnarð fur the ~irginia Beach Beautificatinn
Cnmmissinn; tn-Chair nf the Canðscaping, tree Preservatinn
anð Prntectinn Cnmmittee; Chair nf the $nutheastern ~irginia
Planning District Cnmmissinn; Chair nf the Francis Canð Hnuse
Bnarð nf Gnvernnrs; anð, Chair nf the Hamptnn Rnaðs Planning
District Cnmmissinn.
MÐm, tHEREFeR£, 1, ffieyera E. ~bernðnrf, ffiaynr Df the City nf ~irginia
Beach, ~irginia, nn behalf nf all the citi~ens, ðn' hereby acknnwleðge
with thanks anð PRÐtCAIm:
R£BA
$ .
mttCAMAM
as a true public servant nf t!his great! anð wnnðerful CUy anð ext!enð
t!his "thank ynu" t!n her husbanð, Delegat!e Glenn B. fficClanan, whn shareð
her at! great! sacrifice.
Given unðer my hanð anð seal this twenty-t!hirð ðay nf June, Nineteen
Hunðreð anð Ninety-twn.
ffieyera E. ~bernðnrf
ffiaynr
'rurlumutiutt
IØEREAJ: Raber~ E. fen~ress, re~ireò tammerce Bank execu~i~e, was
elec~eò by ~he peaple ~a represen~ ~he ~irginia Beach Baraugh
an ~he ~irginia Beach Ci~y tauncil;
mHfRf^,: Raber~ fen~ress began his public ser~ice in 1984 an the
~irginia Beach Ci~y tauncil, ser~ing as i~s ~ice mayar since
1988, anò has ser~eò ~his cammuni~y tirelessly- far eigh~
years as a òeòica~eò, òiligent public servan~;
mHER£AJ: Raber~ fen~ress caulò always be òepenòeò up an when ~he
penòulum af òeba~e swung ~aa far in ei~her òirec~ian ~a
ðe~elap reasanable, miòòle graunò respanses ~hat all caulò
embrace with òignity;
IØEREAJ: Raber~ fen~ress braugh~ stability anò integrity ta this City
anò tauncil, which will stanò in the annals af ~irginia Beach
histary as fine ta be aòmireò anò saught after; anò,
IØEREAJ :
Rabert fen tress has ser~eò aur tHy well an the ~irginia
municipal teague's tammunity & Ecanamic De~elapment
tammittee; tiaisan ta the De~elapment Autharity; Cammissianer
af the tiòewater transpartatian District tammissian; a
Directar af the ~irginia Assaciatian af Public transpartatian
~fficials; a member af the Aò~ertising $electian Cammittee; a
member af the tHy manager's mater task farce, a member af
the military tiaisan Cammissian, anò a tammissianer af the
Hamptan Raaòs Planning District Cammissian.
HØI~ tHEREFÐR£~ X, meyera E. ~bernòarf, mayar af the City af ~irginia
Beach, òa hereby praclaim, an behalf af all cHh.ens, a ~ery sincere
expressian af the òeepest gratituòe far ser~ice beyanò the call ta òuty
ta:
Rt>B£Rt
£. F£HtR£JJ
anò ta his la~ely wife, $hirley, wha has shareò him at great sacrifice
-- tage~her ~hey ha~e ser~eò the City af ~irginia Beach well.
ea~en unòer my hanò anò seal
Hunòreò anò Ninety-twa.
this twenty-thìrò òay af
~§.
mayar
June, Nineteen
"#'.- .-...
\, ii-t.\"',,';" -~ ~:........
;';:....:- .,.~-~::......I"~",,,
, '..¡.---- :"""""i'..,!" ";¡"'l
. - ,"", 9t;'- ';: . -.' '\
.¡..-"", . "";.~,:~... .~(
'....'~ .,.",-, '-~~...\
~/fl/;.~F'- H ~~:t
:---..;;. "\,.~~-.~"',; '!i':-
..r-';~ . -..';,;¡~~,""';'~ ~.dJ'\
,~'J~~:"~~¥ ir ).
. ~,-:!~.i '~~ ii, k
',(~.:~~ ~'.~t"'. i-.
~ ....<...-... ~.~~"}~."'.
"". -....,'" ,~ =- """'.. ['-" . .
'/ ~'^ . ';:. - ~/;..:r," ¡;
, 't". ,.",,~,?.'it..~- ,,',--
.: .: - ,'~,'
-.
'rntlumuttnu
JIJIŒRB\J: Harolò Heischober, Chairman of mega ma¡òa anò former
professional baseball plaMer for the New york Doògers' farm
team, was electeò bM the people to represent them as an At-
Large member of the ~irginia Beach CitM Council;
JJJJtBf AJ :
Harolò Heischober was electeò in 1980 to the ~irginia Beach
City Council anò has serveò tirelessly for twelve years as a
òeòicateò, òiligent public servant; in this capacity, he also
serveò as the Council' s ~ice mayor fram July 1980 through
June 1982 anò maMor from July 1984 through June 1986;
mHER£AJ: Harolò Heischober was instrumental in the òevelopment of the
~irginia Beach ~eterans memorial Committee, which co-
sponsors, annually, a memorial Day Ceremony with the CitM of
~irginia Beach;
mHER£AJ :
Harolò Heischober has been actively involveò in civic affairs
in ~irginia Beach for manM years, serving on the ~irginia
municipal League's transportation Cammittee; the Aòvertising
AòvisorM Cammmittee, the ~outheastern ~irginia Job training
Aòministration Policy Council; the ~ports Authority of
Hampton Roaòs, the military Liaison Cammittee; the ~irginia
Beach ~eterans memorial Committee, Inc.; the Hampton Roaòs
Planning District Commission; the mayor's Cammittee on
~outheastern ~irginia Regional Jail facility; anò the mayor's
Committee on Water for the Appamattox River;
RÐœ, lHEREFÐRE, 1, meyera E. ~bernòorf, mayor of the City of ~irginia
Beach, ~irginia, on behalf of all the citi¡ens, òo herebM extenò a very
sincere "thank YOU" tø:
HARÐLD
H£:I'tHÐB£R
anò to his wife, Alice, who has shareò him at great sacrifice --
together they have serveò the City of ~irginia Beach well.
~iven unòer my hanò anò seal
Hunòreò anò NinetM-two.
this twenty-thirò òay of June, Nineteen
~n~: o~
mayor
- 14 -
Item V-F.4.
1992 CITY LIVABILITY AWARDS
ITEM # 35745
ADD-ON
Mayor Oberndorf proudly displayed the First-Place City Livability Award for a
Courageous Community Outreach Program for Cities above 100,000 in population.
The City received this award in Houston on June 20, 1992, at the United States
Conference of Mayors. This award recognized the implementation of the City's
Neighborhood Service Delivery Coordination "We Care" Committee. Composed of
first- ine service del ivery staff from all of the traditional human service
agenc i es, the Commi ttee prov i des a comprehens i ve network of commun i ty-based
services, crime prevention strategies and activities to complement the efforts
of "community policing". After the rerroval of this criminal element, the NSDCC
assists in creating a strong community association.
Mayor Oberndorf extended appreciation to Housing and Neighborhood Preservation,
Libraries, Parks and Recreation, Community Services Board, Social Services and
the Pol ice Department.
June 23, 1992
- 15 -
I tem V-G.
CONSENT AGENDA
ITEM # 35746
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counci I APPROVED in ONE MOTION Items 1, 2, 3 a./c., 5, 6, 7, 8, 9 and 10 of the
CONSENT AGENDA.
Item 111-G.3 band 4 was pulled for a separate vote.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Braz i er, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou ¡sR. Jones
Illne. ?7;
100'")
- 16 -
Item V-G.l
CONSENT AGENDA
ITEM II 35747
Upon motion by Counci I man Heischober, seconded by Vice Mayor Fentress, City
Counc i I ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, (to conform to
the 1992 amendments to the Virginia Motor Vehicle
Code) :
Sections 21-3, 21-150, 21-195, 21-273, 21-312, 21-
321.1 and 21-371 re motor vehicle and traffic code
Sections 21-337, 21-338, 21-340
driving under the influence.
and
21-341
re
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
I..n~ ')-:Z:
1 !'I!'I""
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~=.~'-""_.
t' '."""""""""'.""".""'='""'
/!, "'"" -, '" ~
";:"',;.#1';,. '\I~"J ¡,I'; c..,:" ""0. 'i
'. .~" ..... '--c), r
L~:r:':~l e;'~ '-"'~'I"'F-' ~' '¡
'-.._'"~. ~U,,~~:"";t:~~CY f
;, 1&~~/L~~/ J
L_ð~= ~~ -- --
~ O~I~CE ro ~END ~D REOO~IN -
CHAPTER 21 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
4
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5
BEACH, VIRGINIA:
6
That Chapter 21 of the Code of the City of Virginia Beach,
7
Virginia, is hereby amended and reordained to read as follows:
8
9
section 21-3.
compliance with
violations.
penalty
chapter;
general
for
It shall be unlawful for any person to violate or refuse, fail
or neglect to comply with any of the provisions of this chapter.
Unless otherwise specifically provided, a violation of this chapter
shall constitute a traffic infraction punishable by a fine of not
more than one hundred two hundred ($100.00 $200.00).
section 21-150.
(a)
Only
Flashing,
lights.
blinking
alternating
colored
or
law enforcement vehicles may be
equipped wi th
flashing, blinking or alternating blue or blue and red combination
warning
lights,
superintendent.
(b)
Only
which
shall
be
of
types
approved
by
the
the
following
may
be
vehicles
flashing, blinking, or alternating red or red and white combination
equipped
with
lights which shall be of types approved by the superintendent:
(1)
(2)
(3)
(4)
(5)
Fire apparatus;
Forest warden vehicles;
Ambulances,
rescue and lifesaving vehicles,
and
vehicles of the Virqinia Department of Emerqency
Services;
Private security vehicles as specifically provided
by Code of Virginia § 46.2-1023;
Personally
vehicles
department,
fire
owned
of
volunteer fire department or volunteer rescue squad
members
drivers
bY
private
and
of
employed
ambulance services,
provided that such light (s)
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46
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50
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68
(6)
(7)
(c)
Only
shall be activated only when answering emergency
calls;
School buses;
Animal warden vehicles.
the
following
vehicles
equipped
with
may
be
flashing, blinking or alternating amber warning lights, which shall
be of types approved by the superintendent:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Vehicles used for the principal purpose of towing
or servicing disabled vehicles;
Vehicles
in
constructing,
maintaining
and
used
repairing highways or utilities on or along public
highways;
Vehicles used principally for removing hazardous or
polluting substances from state waters and drainage
areas on or along public highways;
Vehicles
servicing
automatic
teller
used
for
machines;
light(s)
be
provided
shall
not
such
activated when the vehicle is in motion;
Vehicles used in refuse collection;
Vehicles used by individuals for emergency snow
removal purposes;
High
railroad
rail
vehicles,
operated
when
on
rails;
Vehicles engaged
in either escorting or towing
over-dimensional
materials,
equipment,
boats
or
housing units, as provided by Virginia Code § 46.2-
1026;
Fire apparatus, ambulances, and rescue and life-
saving vehicles,
provided the amber
lights are
mounted or installed at the rear of the vehicles
and are used in addition to lights permitted under
subsection (b) of this section;
(10) Vehicles owned and used by businesses providing
security services, provided the amber lights are
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not lit while the vehicle is being operated on a
public highway; and
(11) Vehicles used to collect and deliver the united
states mail, provided the amber lights are lit only
when
the
vehicle
is
in
such
actually
engaged
collection or deliverY.i
1.1ll Vehicles
provide
for
funeral
escorts
used
to
processions:
i1ll Petroleum tank trucks. to be used in coniunction
with backup alarms:
i1!l Vehicles used in the enforcement of vehicle parkinq
requlations.
(d)
Such flashing, blinking or alternating lights shall only
be lit when performing the functions which qualify the vehicles to
be so equipped.
It shall be unlawful to operate on any highway any
motor vehicle equipped with such lighting devices,
except as
provided by this section or Code of Virginia § 46.2 1026 46.2-1023
et. seq.
section 21-195.
Same--Mobile homes or house trailers.
The actual length of any combination of a towing vehicle and
any mobile home or house trailer,
coupled together,
sha 11 not
exceed a total length of fifty five (55) sixtv (60) feet, including
coupling.
section 21-273.
Driving while license, permit or privilege to
drive suspended or revoked.
Except as otherwise provided in sections 46.2-304 and 46.2-357
of the Code of Virginia, no person, resident or nonresident, whose
driver's license,
learner's permit or privilege to drive a motor
vehicle has been suspended or revoked or who has been directed not
to drive by any court or by the commissioner or by operation of law
pursuant to the provisions of Title 46.2 of the Code of Virginia or
this chapter, or who has been forbidden, as prescribed by law, by
the
Commissioner,
the
Corporation
Commission,
the
state
Commonwealth
Transportation
state
Highway
Commissioner,
the
Commissioner, any court or the Superintendent of State Police, to
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operate a motor vehicle in this
Commonwealth, shall thereafter
drive
vehicle
self-propelled
machinery
or
motor
or
any
any
equipment on any highway in this city, unless and until the period
of such suspension or revocation shall have terminated.
For purposes of this section. the phrase "motor vehicle or any
self-propelled machinery or equipment" shall not include mopeds.
A first offense of violating this section shall constitute a
Class
misdemeanor.
offense
shall
second
or
subsequent
A
2
constitute a Class 1 misdemeanor.
In addition to the
above provided penalties, the court shall
suspend or revoke such person's license, permit or privilege to
drive
same period for which
it had been previously
for the
suspended or revoked when such person violated this section.
In
the event such person has violated this section by driving during
a period of suspension or revocation which was not for a definite
period of time, the court shall suspend or revoke such person's
license, permit or privilege to drive for an additional period not
to exceed ninety (90) days.
Any additional suspension ordered
under the provisions of this section shall commence upon the
expiration of the previous suspension or revocation, unless such
previous suspension or revocation has expired prior to the ordering
of an additional suspension or revocation.
Any person who operates a motor vehicle in violation of the
conditions set forth in a restricted license or in violation of any
other restrictions imposed pursuant to Code of Virginia section
18.2-271.1 shall be in violation of this section.
section 21-312.
driving-
specific
instances
of
reckless
Generally.
A person shall be guilty of reckless driving who shall:
(1)
Drive a vehicle which is not under proper control
or which has
improperly adjusted
inadequate or
brakes upon any highway of this city;
(2)
While driving a vehicle, over take and pass another
vehicle proceeding in the same direction, upon or
approaching
the
grade
crest
of
a
or
upon
or
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(5)
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approaching a
in the highway,
where the
curve
driver's view along the highway is obstructed,
except
where
overtaking
vehicle
is
the
being
operated
highway having two
or more
(2)
on a
designated lanes of roadway for each direction of
travel
designated
or
street
or
on
a
one-way
highway;
(3)
Drive a vehicle when it is so loaded, or when there
are in the front seat such number of persons, as to
obstruct the view of the driver to the front or
sides of the vehicle or to interfere with the
driver's control over the driving mechanism of the
vehicle;
(4)
Pass or attempt to pass two
(2)
other vehicles
abreast, moving in the same direction, except on
highways having separate roadways of three (3) or
more lanes for each direction of travel,
or on
designated one-way streets or highways; however,
this subsection shall not apply to a motor vehicle
passing two (2) other vehicles, in accordance with
provisions of this chapter, when one or both of
such other vehicles is a bicycle or moped; nor
shall this subsection apply to a bicycle or moped
passing two (2) other vehicles in accordance with
the provisions of this chapter.
Drive any motor vehicle, including any motorcycle,
so as to be abreast of another vehicle in a lane
designated for one vehicle,
or dr i ve any motor
vehicle, including any motorcycle, so as to travel
abreast of any other vehicle traveling in a lane
designated for one vehicle; provided, however, this
subsection
shall
not
apply
to
any
validly
authorized parade, motorcade or motorcycle escort;
nor shall it apply to a motor vehicle traveling in
the same lane of traffic as a bicycle or moped;
5
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(6)
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Overtake or pass any other vehicle proceeding in
the same direction at any steam, diesel or electric
railway grade crossing or at any intersection of
highways unless such vehicles are being operated on
a highway having two (2) or more designated lanes
of roadway for each direction of travel or unless
such intersection is designated and marked as a
passing zone pursuant to the provisions of sections
46.2-803 and 46.2-830 of the Code of virginia or on
a designated one-way street or highway, or while
pedestrians are passing or about to pass in front
of either of such vehicles, unless permitted to do
so by a traffic light or police officers;
(7)
Fail to stop, when approaching from any direction,
a school bus, whether publicly or privately owned,
which is stopped on any highway or school driveway
for
the
of
taking
discharging
on
or
purpose
children,
physically
mentally
elderly,
or
handicapped persons, and to remain stopped until
all
children,
physically
mentally
elderly,
or
handicapped persons are clear of the highway or
school driveway and the bus is put in motion.
The
driver of a vehicle, however, need not stop upon
approaching a school bus when such bus is stopped
on the other roadway of a divided highway, on an
access road,
or driveway is separated from the
roadway
on which he
is
a physical
driving by
barrier or an unpaved area.
The driver of
a
vehicle also need not
approaching a
stop upon
school
which
discharging
is
loading
bus
or
passengers
from
property
immediately
or
onto
adjacent to a school if such driver is directed by
a police officer or other duly authorized uniformed
school crossing guard to pass such school bus.
This subsection shall apply to school buses which
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(9)
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are equipped with warning devices prescribed in
section 46.2-1090 of the Code of Virginia and are
painted yellow with the words "School Bus, stop,
state Law" in black letters at least six (6) inches
high on the front and rear thereof.
If space is
limited on the front, the words "School Bus" may be
in letters at least four (4)
inches high.
This
subsection shall also apply to school buses which
are equipped with warning devices as prescribed in
section 21-111 and which are painted yellow with
the words "School Bus" in black letters at least
eight
inches
high
(8)
the
front
and
on
rear
thereof. Only school buses as defined in section
21-2 which are painted yellow and equipped with the
required lettering and warning devices shall be
identified as school buses;
(8)
Fail
of
give
to
adequate
timely
signals
and
intention to turn, partly turn, slow down or stop,
as required by section 21-237;
Exceed a reasonable speed under the circumstances
and
traffic
the
time
conditions
existing
at
regardless of any posted speed limit;
(10) Drive a motor vehicle upon the highways of this
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city (i) at a speed of twenty (20) miles per hour
or more in excess of the applicable speed limit
where the applicable speed limit is thirty (30)
miles per hour or less,
(ii) at a speed of sixty
(60) miles per hour or more where the applicable
maximum speed limit is thirty five (35) miles per
hour, (iii) at a speed of twenty (20) or more miles
per hour in excess of the applicable maximum speed
limits where the applicable speed limit is forty
(40) miles per hour or more, or liYl or in excess
of eighty (80) miles per hour regardless of the
pootcd applicable maximum speed limit;
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(11) Fail to bring his vehicle to a stop immediately
before entering a highway from a side road when
there
is
traffic
approaching upon
such highway
within five hundred (500)
feet of such point of
entrance,
unless a "yield right-of-way"
sign is
posted; or where such sign is posted, fail, upon
entering such highway, to yield the right-of-way to
the driver of a vehicle approaching on such highway
from either direction; or
(12) Drive or operate any automobile or other motor
vehicle upon any driveway or premises of a church,
or school, or of any recreational facilities or of
any business property open to the public, or on the
premises of any industrial establishment providing
parking space for customers, patrons or employees,
or upon any highway under construction or not yet
open to the public, recklessly or at a speed or in
a manner
so
as
to
endanger
the
life,
limb
or
property of any person.
section 21-321.1.
Decreased maximum sDeeds in hiqhwav work zones.
1&
It shall be unlawful for any person to operate any motor
vehicle in excess of a maximum speed limit approved by
the
Virqinia Department of Transportation or by the director of public
works specificallY for a hiqhway work zone.
This section shall be
enforceable when workers are present and when such work zone is
indicated bv siqns disPlaying the reduced maximum speed limit and
the penalty for violation.
l.Q.l
For purposes of this section. "hiqhway work zone" means
a construction or maintenance area that
is located on or beside a
hiqhway and marked bY appropriate warninq siqns or other traffic
control devices indicatinq that work is in proqress.
Lçl
violation of this section shall constitute a traffic
infraction: provided. that nothinq in this section shall preclude
the prosecution and conviction of any person whose operation of any
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motor
vehicle
zone.
in
hiqhway
apart
from
speed.
work
a
demonstrates a reckless disreqard for
life. limb or property.
Section 21-371.
handicapped
parking in
persons.
reserved
for
space
(a)
It shall be unlawful for a nonhandicapped operator of a
motor
vehicle
space
in
parking
reserved
for
the
to
park
a
handicapped on public property or at privately owned parking areas,
unless such operator is using the motor vehicle to transport a
handicapped person who has obtained a special license plate or a
special vehicle parking permit from the division of motor vehicles.
Any vehicle parked in a parking space reserved for the handicapped
shall display either a special license plate or a special vehicle
parking permit visible through the front windshield.
Spaces
reserved for the handicapped shall be identified by above grade
signs in accordance with the provisions of Virqinia Code section
36-99.10.
The words, "Minimum penalty for violation $50.00," may
be posted on an accompanying sign.
(b)
Any operator of a motor vehicle parked in violation of
this section in a parking space reserved for the handicapped on
public property or at a privately owned parking area shall be
guilty of a Class 4 misdemeanor and may be issued a summons by a
police officer, without the necessity of a warrant being obtained
by the owner of such private parking area.
(c)
When a notice or citation is attached to a vehicle found
parked in violation of this section, the owner of the vehicle may,
within three (3) city working days thereafter, pay to the city
treasurer, in satisfaction of such violation, a penalty of fifty
dollars (50.00).
Such payment shall constitute a plea of guilty
for the violation in question.
If such payment is not postmarked
or received by the city treasurer within three (3) working days of
the city after receipt of such notice or violation, the penalty
shall be one hundred dollars ($100.00).
The failure of any owner
to make payment as prescribed above, or to present the notice or
citation for a violation of this section at an office of the city
treasurer for certification to the general district court, within
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321
thirty (30) days, shall render such owner, upon conviction of such
violation, subject to a fine of not more than two hundred and fifty
dollars ($250.00).
This Ordinance shall become effective July 1, 1992.
Adopted by the Council of the City of Virginia Beach, Virginia
23 June
on the day of , 1992.
CA-4701
\ORDIN\PROPOSED\CHAPTR21.PRO
R-4
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-,: .
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 21-337, 21-
338, 21-340 AND 21-341 OF THE
CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
MOTOR VEHICLE CODE.
: . 7 ']
~ . .,. . . .. ; - '. -- ,. ,'., : I ., -- ....; ï I '
¡ûJ~~~y
i'
I;
.:...,'. "_.'~ ._.'--'~':".L_è'~~-
7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8
BEACH, VIRGINIA:
That sections 21-337,21-338,21-340 and 21-341 of the Code of
9
the city of Virginia Beach,
virginia,
are hereby amended and
reordained to read as follows:
section 21-337.
Analysis of breath to determine alcoholic content
of blood.
(a)
Any person who is suspected of a violation of section 21-
336 shall be entitled, if the equipment referred to in subsection
(b) below is available, to have his breath analyzed to determine
the probable alcoholic content of his blood.
£Heft The person shall
also be entitled, upon request, to observe the process of analysis
and to see the blood-alcohol reading on the equipment used to
perform the breath test.
£Heft His breath may be analyzed by any
police officer of the city in the normal discharge of his duties.
(b)
The method and equipment to be used in analyzing breath
samples taken pursuant to this section shall be such as are
prescribed by the State Department of General Services, Division of
Forensic Science.
( c)
Any person who has been stopped by a police officer and
is suspected by such officer to be guilty of a violation of section
21-336 shall have the right to refuse to permit his breath to be so
analyzed, and his failure to permit such analysis shall not be
evidence
prosecution
section
21-336;
provided,
in
under
any
ho\lever,
th~t nothing
eJection
oh~ll be con:::;trued ~O
in thi:::;
limiting in ~ny m~nner the provioiono of eJection 21 338.
(d) Whenever the breath sample so taken and analyzed
indicates that there is alcohol present in the blood of the person
from whom the breath was taken, the officer may charge such person
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for the with a violation of section 21-336.
Afty The person so
charged shall then be subject to the provisions of section 21-338.
(e)
The results of 5-\:left the breath analysis shall not be
admitted into evidence in any prosecution under section 21-336, the
purpose of this section being to permit a preliminary analysis of
the alcoholic content of the blood of a person suspected of having
violated the provisions of section 21-336.
(f)
Police officers shall, upon stopping any person suspected
of having violated the provisions of section 21-336, advise seeft
the person of his rights under the provisions of this section.
l.9.l
Nothinq in this section shall be construed as limitinq
the provisions of section 21-338.
soetion 21 338.
Chemical test to determine alcohol/drug eontent
of blood.
(A)
Aa uoed in thia oection,
"licenae" me~no any dri.."er'a
licenoe,
driver'o
licen:::;e
inotruction
permit
tempor~ry
or
~uthorizing the oper~tion of a motor vehicle upon the high\l~Yo.
The term "Divioion, II ~o uoed in thio oection, me~no the state
Divioion of Forenoic Science.
(B) Any peroon, \:hether licenoed by the otate or not, \.rho
operateD a motor vehicle in thio city oh~ll be deemed thereby, aD
a condition of ouch oper~tion, to have conoented to h~ve ~ oample
of hiD blood or bre~th or both blood and bre~th t~]cen for a
chemical teat to determine the alcoholic or drug or both alcoholic
~nd drug content of hiD blood, if ouch peroon ia arreoted for a
violation of oection 21 336,
~,Ti thin
houro of the alleged
(2)
offenae.
(C)
Any peroon 00 ~rreoted oh~ll elect to have either the
blood or bre~th o~mple t~]cen, but not both.
If either the blood
teat or the bre~th teat ia not ~v~il~ble, then the ~vail~ble teat
ah~ll be t~]cen.
Hoyever, it oh~ll not be ~ matter of defenDe if
the blood teat or the breath te:::;t io not ~v~ilable.
In ~ddition,
if the accuaed electo ~ bre~th teat, he oh~ll be entitled, upon
requeot, to oboerve the proceoo of ~n~lyoio ~nd to oee the blood
alcohol re~ding on the equipment u:::;ed to perform the breath teat.
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If ouch equipment autom~tic~lly produceD a \:ritten printout of the
breath teat reoult, thio written printout, or ~ copy thereof, ah~ll
be given to the ~ccuaed in e~ch c~oe.
(D)
~fter being ~rreoted for driTv'ing under the
A peraon,
influence of any drug or combin~tion of drugD or the combined
influence of ~lcohol ~nd any drug or druga, may be required to
aubmit
determine
to
teota
to
alcoholic
the
drug
or
both
or
alcoholic ~nd drug content of hiD blood.
If ~ peraon, after being
~rreoted for ~ny viol~tion of oection 21 336, chooDea to Dubmit to
~ bre~th teat in ~ccord~nce yith auboection C. of thia Dection,
that peraon m~y aloo be required to aubmit to teota to determine
the drug content of hiD blood if the l~\: enforcement officer haD
re~aon~ble c~uoe to believe the peraon \:~o driving under the
influence of ~ny drug or combin~tion of drugo or the combined
influence of ~lcohol ~nd drugo.
(E)
If a peraon,
after being arreated for ~ violation of
aection 21 336 ~nd after h~T...ing been ~dviaed by the arreating
officer th~t a perDon who operateD a motor vehicle upon a public
highw~y in thiD city ah~ll be deemed thereby, ~a a condition of
ouch oper~tion, to h~ve conDented to h~ve o~mpleo of hiD blood or
bre~th t~]cen for chemic~l teDta to determine the alcoholic or drug
or both ~lcoholic ~nd drug content of hiD blood,
and th~ t the
unre~aon~ble
refua~l
to
do
conotitutea
grounda
for
the
ao
revoc~tion of the privilege of oper~ting ~ motor vehicle upon the
high\..aYD of thio city, then refuoeo to permit the t~]cing of aamples
of hiD blood or bre~th or both blood ~nd bre~th for ouch teat, the
~rreating
officer
ah~ll
t~]ce
the
arreDted
before
peraon
a
committing m~giatr~te.
If he ~g~in 00 refuGeD ~fter h~ving been
further ~dviDed by ouch m~giatr~te of the l~\.. requiring blood or
bre~th or both blood ~nd bre~th teDto to be t~]cen and the penalty
for refuo~l, ~nd ao decl~rea ~g~in hiD refuo~l in \..riting, upon a
form provided by the Supreme Court,
or refuGeD or f~ilD to ao
declare in writing ~nd ouch f~ct ia certified ~a preDcribcd in
aubaection p. of thia aection, then no blood or breath a~mple ah~ll
be t~ken even though he m~y there~fter requeat a~me.
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(F)
Only a phyoician, regiotered profeooional nuroe, grnduatc
laboratory technician or n technician or nuroe deoignated by order
of a circuit court acting upon the recommendation of n licenoed
phyoicinn, uoing ooap nnd \.rater, polY'Jinyl pyrrolidone iodine or I
benzal]conium chloride to clennoe the pnrt of the body from ~¡hich
the blood io ta]cen nnd uoing inotrumento oterilized by the accepted
otenm oterilizer or oome other oterilizer which ~ill not affect the
accuracy of the teat, or uoing chemicnlly clenn oterile diopooable
oyringeo, ohall \!ithdrm: blood for the purpooe of determining the
alcohol or drug or both alcohol and drug content thereof.
It ohall
be unln\/ful for any peroon to reuoe oingle uoe only needleD or
oyringeo.
Any peroon convicted of reu3ing oingle uoe only needleD
or oyringeo ohall be guilty of n Claoo 3 miodemeanor.
No civil
liability ohall attach to any peroon authorized to withdraw blood
ao provided herein ao a reault of the act of ~ithdrawing blood from
any peroon oubmitting thereto, provided the blood ~ao ~ithdrawn
according to recognized medical procedurea.
The foregoing ohall
not relieve any ouch peraon from liability for negligence in the
withdrawing of any blood oample.
(C)
Adequate portiona of the blood oample 00 \:i thdra\:n ohnll
be plnced in vialo provided by the Diviaion, \:hich viala ohnll be
oealed and labeled by the peroon ta]ting the 3ample or at hiD
direction, oho~ing on each the name of the accuoed, the nnme of the
peroon taking the blood aample nnd the date and time the blood
oample \:ao ta]cen.
The vialo ohall be divided betueen t\!O (2)
containero provided by the Di vioion, \:hich containero ohnll be
oealed 00 ao not to nllow tempering with the vialo.
The arreoting
or accompanying officer ohall take pooaeaoion of the t\¡0
(2)
containero holding the viala aa ooon aa the vialo are placed in
ouch containera and aealed, and ahall tranaport or mail one of the
containero
Diviaion.
The
officer
taking
forth\:i th
the
to
pooaeoaion of the other container
(hereinafter referred to no
oecond container) ohall, immediately after ta]ting poaaea3ion of the
accoRd container,
give to the accuaed a form provided by the
Divioion
\:hich
obtain
ahall
oet
forth
the
procedure
to
an
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independent analyoio of the blood in the oecond container, and a
liot of thoDe laboratorieo, approved by the Diviaion, and their
addreaaea.
Such form ahall contain a apace for the accuaed or hie
counael to direct the officer poaaeoaing ouch aecond container to
forward that container to ouch approved laboratory for analyaia, if
deaired.
The officer having the oecond container, after delivery
of the form referred to in the preceding aentence (unleaa at that
time directed by the accuaed in \¡riting on the form to forward the
aecond container to an approved laboratory of the accuaed'a choice,
iR hhich event the officer ahall do DO), ahall deliver the aecoRd
container
chief
authorized
police
hiD
duly
the
of
to
or
repreaentati ~.:e.
The chief of police or hie repreaentative upon
receiving Dame ahall keep it in hiD poaaeaaion for a period of
during \{hich time the accuaed or hie
aeventy t\lO (72) houro,
counael may, in \;riting,
on the form provided for hereinabove,
direct the chief of police to mail ouch aecond container to the
laboratory of the accuaed'a choice choaen from the approved liat.
(H)
The teating of the contento of the oecond container ahall
be made in the Dame manner aa hereafter aet forth concerning the
procedure to be follm{ed by the Diviaion,
and all procedurea
eatabliohed herein for tranomittal, teating and admiaaioR of the
reault in the trial of the caoe ahall be the Dame aa for the aamplc
Dent to the Diviaion, provided that an analyaio of the aecond blood
aample to determine the preaence of a drug or druga ahall not be
performed unleao an analyaia of the firat blood aamplc by the
Divioion hac indicated the preaence of druga.
(I)
A fee not to exceed t~enty five dollara ($25.00) ahall be
allmled the approved laboratory for maJcing the analyaia of the
aecond
\ý'hich
out
paid
blood
aample,
fee
ahall
be
of
the
appropriation for criminal chargeD.
A fee not to exceed the amount
eatabliohed on a ochedule of feeD to be publiahed by the Diviaion
for the required procedure or procedurea ahall be allm:ed the
approved laboratory for maJcing an analyaia of the aecoRd blood
aample to determine the preoence of a drug or druga, which fee
ahall be paid out of the appropriation for criminal chargee.
If
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the
peraon uhoae
blood
\Ii thdr~Hm
ia
aubacquently
aample
\;;:lD
convicted for violation of aection 21 336, (i) the fee paid by the
common~¡ealth to the labor~tory for teating the aecond blood samplc
~nd (ii) a fee of t\lenty five dollara ($25.00)
for teating the
blood aample by the Diviaion ahall be t~xed ~a part of the coata af
the criminal caae ~nd ahall be p~id into the gener~l fund of the
atate treaaury.
(J)
If the chief of police ia not directed, aa provided in
thia aection, to m~il the aecond cont~iner \lithin aeventy tuo (72)
houra
~fter
receiving
cont~iner,
he
ahall
deatroy
ouch
ouch
cont~iner.
(K)
receipt
for\l~rded
the
of
the
blood
a~mple
to
Upon
Diviaion for ~n~lyaia, the Diviaion ah~ll c~uae it to be ex~mincd
for ~lcoholic or drug or both ~lcoholic ~nd drug content ~nd the
director of the Diviaion or hiD deaign~ted repreaentative ah~ll
execute ~ certific~te \¡hich ah~ll indic~te the n~me of the accuaed
,
the d~te, time and by \¡hom the blood a~mple ~;~a received and
ex~mined, a at~tement th~t the ae~l on the vial h~d not been broJcen
or otherwiae t~mpered \:ith, ~ atatement that the cont~iner \:aa one
provided by the Diviaion ~nd ~ at~tement of the ~lcoholic or drug
or both ~lcoholic ~nd drug content of the a~mple. The certificate
ahall ~ccompany the .v'ial from \,Thich the blood a~mple ex~mined \lùa
t~Jcen and ah~ll be returned to the clerJc of the court in \:hich the
ch~rge \lill be heard.
The blood a~mple ahall be deatroyed after
completion of the ~n~lyaia by the Diviaion.
A aimil~r certificate
ah~ll ~ccompany the vi~l for\l~rded by the independent l~bor~tory
\¡hich ~n~lyzea the aecond blood a~mple on behalf of the ~ccuaed,
~nd ahall be returned to the clerJc of the court in \;hich the charge
will
ah~ll
after
be
deatroyed
blood
a~mple
he~rd.
The
be
completion of the ~n~lyaia by the independent l~bor~tory.
On
motion of the ~ccuaed, ouch certific~te ahall be ~dmiaaiblc in
e.v'idence \;hen ~tteated by the p~thologiat or by the auperviaor of
the l~bor~tory ~pproved by the Diviaion.
(L)
When any blood aample t~Jcen
in accord~nce \:i th the
proviaiona
of thi3
ia
for analyaia to the
aection
f on:~rded
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Diviaion, a report of the reaulta of ouch an~lyaia ahall be made
~nd filed in th~t office.
Upon proper identific~tion of the vial
into which the blood a~mple \J'~:J pl~ced,
certificate,
as
the
provided for in thia aection, chillI, when duly ~tteated by the
director of the Diviaion or hie de:Jignated repreaent~tive,
be
~dmiaaible in ~ny court, in any crimin~l or civil proceeding, aa
evidence of the f~cta therein at~ted and of the reaulte af ouch
~n~lyaia.
(n)
Upon the requeat of the peraon ",Thoae blood or bre~th or
both blood ~nd bre~th a~mple "ma t~]cen for chemical teata to
determine the alcoholic or drug or both ~lcoholic and drug content
of hie blood, the reaulta of ouch teat or teat a ah~ll be m~de
~v~il~ble to him.
(N)
A fee not exceeding t,,:enty five dollara ($25.00) ahall be
alloyed the peraon \:ithdr~uing ~ blood a~mple in ~ccord~nce \lith
thia aection, \:hich fee ah~ll be p~id out of the ~ppropri~tion for
criminal chargee.
If the peraon \..hoae blood a~mple \:~a wi thdr~\m
ie aubaequently convicted for a viol~tion of aection 21 336, or ia
pl~ced
the
purvie\,T
or
prob~tional,
educ~tion~l
under
of
a
reh~bilitation~l program, ~a aet forth in aection 18.2 271.1 of the
Code of Virgini~, the amount charged by the peraon uithdra\ling the
aample ahall be taxed aa p~rt of the coata of the crimin~l c~ee and
ahall be paid into the gener~l fund of the at~te tre~aury.
(0)
In ~ny trial for a violation of aection 21 336, thia
aection ah~ll not other\li:Je limit the introduction of ~ny rele~ant
evidence bearing upon ~ny que:Jtion at iaaue before the court, and
the court chillI, reg~rdleaa of the reault of the blood or breath
teat or tecta, if ~ny, con:Jider ouch other relev~nt evidence of the
condition of the ~ccuaed ~a ahall be ~dmiaaible in evidence.
If
the reaulta of ouch a blood teat indicate the preaence of ~ drug or
druga other th~n ~lcohol, the te:Jt reaulta ah~ll be admiaaible only
if other competent e~.:idence haD been preaented to relate the
preaence of drug or druga to the imp~irment of the ~ccuaed ' ß
~bility to drive or oper~te ~ny motor vehicle, engine or tr~in
a~fely.
The failure of ~n ~ccuaed to permit a a~mple of hie blood
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or breath to be ta]cen for a chemical teot to determine the
alcoholic or drug content of hiD blood io not evidence and ohall
not be oubjeot to comment by the prooecution at the trial of the
DaDe, except in rebuttal; nor ohall the fact that a blood or brenth
teot had been offered the aoouoed be evidence or the oubjeot of
comment by the prooeoution, except in rebuttal.
(1')
The form referred to in ouboeotion (E.) of thio oeotion
ohall contain a brief otatement of the la,¡: requiring the ta]cing af
blood or breath or both blood and breath oampleo and the penalty
for refuoal, a declaration of refuoal and lineD for the oignnture
of the peroon from \:hom the blood or breath or both blood and
brenth onmple io oought, the date and the oignature of n \:itneoo to
the oigning.
If ouch peroon refuoeo or failo to exeoute ouch
declaration, the committing juotice, oler]c or aooiotant oler]c ohall
certify ouch fnot,
nnd that the committing juotioe,
oler]c or
aooiotnnt oler]c ad'....ioed the peroon arreoted that ouch refuanl or
failure, if found to be unreaoonnble, oonotituteo grounda for the
revocation of ouch perDon'a licenoe to drive.
The committing or
ioouing juotioe, clerk or aooiotant oler]c ohall forth\/ith iooue a
uarrnnt ohnrging the peroon refuoing to take the teot to determine
the nlooholio or drug or both alcoholic and drug content of hia
blood ui th 'Jiolation of thio oection.
The \larrant ohall be
executed in the Dnme mnnner aD criminal warranto.
Venue for the
trinl of the \larrant ohall lie in the court of the city in uhich
the offenae of driving under the influence of intoxioanto io to be
tried.
(Q)
The executed declaration of refuonl or the certifionte of
the committing juotice, no the DaDe may be, ohnll be attnched to
the \/arrant and ohall be fonlarded by the committing juotice, oler]c
or aDoiotant clerk to the court in '¡/hich the offenoe of driving
under the influence of intoxicanto ohall be tried.
(R)
When the court receiveD the declaration of refuaal or
certificate referred to in ouboeotion (Q) of thio oection, together
with the ~nrrnnt charging the defendant with refuoing to oubmit to
having n onmple of hiD blood or brenth or both blood nnd breath
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ta]cen for the determination of the alcoholic or drug or both
alcoholic and drug content of hio blood, the court ohall fix a date
for the trial of ouch Yarrant, at ouch time ao the court ohall
deaignate, but oubaequent to the defendant'o criminal trial for
driving under the influence of intoxicanto.
Upon requeat, the
defendant ohall be granted a trial by jury on appeal to the circuit
court.
(S)
The
declaration
certificate
under
refuaal
of
or
aubaection (Q), ao the caae may be, 3hall be prima facie evidence
that the defendant refuaed to oubmi t to the ta]cing of a aample of
hie blood or breath or both blood and breath to determine the
alcoholic or drug or both alcoholic and drug content of hie blood
ao provided hereinabove.
Hm.ever, thio ahall not be deemed to
prohibit the defendant from introducing, on hi3 behalf, evidence of
the bacia for hio refuoal to oubmit to the ta]cing of a oamplc of
hia blood or breath or both blood and breath to determine the
alcoholic or drug or both alcoholic and drug content of hie blood.
The court ahall determine the reaoonableneao of ouch refuaal.
(T)
If the court or jury finda the defendant guilty aa
charged in the \larrant i30ued under thi3 oection, the court ohall
ouopend the defendant'o licenoe for a period of aix (6) montha for
a firot offenae and for one year for a aecond or auboequent offence
or refuoal uithin one year of the firat or other ouch refuaala.
The time ohall be computed aD follO\l3:
The date of the firat
offenoe and the date of the oecond or ouboequent offenoe; ho~..ever,
if the defendant pleado guilty to a violation of oection 21 336,
the court may diomioo the yarrant.
(U)
The court ohall foryard the defendant'o licenoe to the
Commiooioner of the Department of !!otor Vehicleo of Virginia aa in
other caoeo of oimilar nature for ouopenoion of licenoe, unleoa the
defendant appealo hio conviction.
In ouch caoe the court ahall
return
the
liccn3e
hiD
being
dcfendant
upon
appeal
the
to
perfected.
C7)
y
The procedure for appeal and trial Dhall be the camc aa
provided by lau for miodemeanoro; if requeated by either party,
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tri;:¡l by jury oh;:¡ll be ;:¡o provided in ;:¡rticle 4 of ch;:¡pter 15
(oection 19.2 260, et oeq.) of title 19.2, Code of Virginia, and
the city ohall be required to prove it3 c;:¡oe beyond ;:¡ reaoon;:¡ble
doubt.
(W)
no peroon ;:¡rreoted for ;:¡ viol;:¡tion of oection 21 336
oh;:¡ll
be
required
in
any
peroon
or
of
f;:¡vor
execute,
to
corpor;:¡tion, a ,,¡;:¡iver or rele;:¡3e of li;:¡bility in connection ~:ith
the wi thdr;:¡~ml of blood and ;:¡o a condition precedent to the
withdra~al of blood ao provided for herein.
(X)
The court or the jury trying the c;:¡oe oh;:¡ll determine the
innocence or the guilt of the defend;:¡nt from all the evidence
concerning hio condition ;:¡t the time of the alleged offenoe.
(Y)
Chemical ;:¡nalyoio of a peroon'o bre;:¡th, to be conoidered
v;:¡lid under the provioiono of thio
oection, ohall be performed by
licenoe from the Divioion to
an indi yy'idu;:¡l poooeooing ;:¡ valid
conduct ouch teoto, \lith a type of equipment ;:¡nd in ;:¡ccordance \."Ìth
the
method a
;:¡ppro'y'ed
Divioion.
bre;:¡th teoting
by
the
Such
equipment oh;:¡ll be teoted for ita ;:¡ccur;:¡cy by the Divioion at leaot
once every oix (6) montho. Any indi y...idu;:¡l conducting ;:¡ bre;:¡th teat
under the proy...ioiono of thio oection ;:¡nd ;:¡o ;:¡uthoriBed by the
Divioion ohall iooue a certific;:¡te, ~hich will indic;:¡te that the
teat
conducted
in
,:ith
Divioion's
;:¡ccord;:¡nce
the
~~;:¡o
opecific;:¡tiono,
equipment
"lhich
w;:¡o
breath
teat
the
the
on
conducted h;:¡o been teoted ,:ithin the p;:¡ot oix (6) montho and h;:¡o
been found to be ;:¡ccur;:¡te, the name of the ;:¡ccuoed, the date, the
time the o;:¡mple ~;:¡o t;:¡ken from the ;:¡ccuoed, the ;:¡lcoholic content
of
o;:¡mple
ex;:¡mined.
Such
;:¡nd
by
'lhom
the
o;:¡mple
the
,:;:¡o
certific;:¡te,
;:¡uthoriBed
individu;:¡l
duly
;:¡tteDted
by the
,:hen
conducting the bre;:¡th teat, oh;:¡ll be ;:¡dmiooible in any court in any
criminal or civil proceeding ;:¡3 evidence of the f;:¡cto therein
ot;:¡ted ;:¡nd of the reoulto of ouch ;:¡n;:¡lyoio.
Any ouch certificate
of ;:¡n;:¡lyoio purporting to be oigncd by ;:¡ peroon ;:¡uthoriBed by the
Divioion oh;:¡ll be ;:¡dmiooible in evidence 'lithout proof of oeal or
oignature of the perDon ,:hoDe n;:¡me io oigned to it.
The officer
m;:¡]dng the ;:¡rreot, or ;:¡nyone 'lith him ;:¡t the time of the ;:¡rreot, or
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~nyone p~rticip~ting in the ~rreet of the ~ccuoed, if otherwioe
qualified to conduct ouch teat ~o provided by thio oection, m~y
m~ke the breath teat or ~nalyze the reoulte thereof.
A copy of
ouch certific~te ohall be forth~:ith delivered to the accuoed.
(Z)
The otepo oet forth in thie ocction rel~ting to the
t~]dng, h~ndling, identific~tion ~nd diopooition of blood or bre~th
o~mpleo ~re procedural in n~ture ~nd not oubot~ntive.
Subotanti~l
compli~nce there,;ith ohall be deemed to be oufficient.
F~ilure to
comply "ith anyone or more of ouch otepo or portione thereof, or
a v~ri~nce in the reoulta of the t\lO (2) blood teato, oh~ll not, of
itoelf, be ground for finding the defend~nt not guilty, but ohall
go the .,eight of the evidence ~nd oh~ll be conoidered ~o oet forth
~bove \l i th
evidence
provided th~t the
in the
the
~ll
c~oe,
defend~nt ohall h~ve the right to introduce evidence on hie O\lR
beh~lf to ohm: noncompli~nce 'i.dth the ~forea~id procedure or any
p~rt thereof, and th~t, ~o a reoult, hie righto ,¡ere prejudiced.
section 21-338.
Chemical testinq to determine alcohol or druq
content of blood.
lli
Definitions.
As used in this section, unless the context
clearly indicates otherwise:
ill
The phrase "alcohol or druq" means alcohol,
a
druq or druqs, or any combination of alcohol and
a druq or druqs.
.ill-
"blood or breath" means either or
The phrase
both.
ill.
"Director" means Director of Division of Forensic
Science.
ill
"Division"
Division
of
Forensic
the
means
Science.
.La
"License" means any driver's license, temporary
driver's
license,
instruction
permit
or
authorizinq the operation of a motor vehicle upon
the hiqhwavs.
1.il
"Ordinance"
city
or
town
county,
means
a
ordinance.
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l.Ql
Implied consent to post-arrest chemical test to determine
drug or alcohol content of blood.
ill
ill
ill
Any person. whether licensed bv Virqinia or not.
who
vehicle
public
operates
motor
upon
a
a
highway in this city shall be deemed thereby. as
a condition of such operation. to have consented
to have samples of his blood.
breath.
or both
blood and breath taken for a chemical test to
determine the alcohol. druq. or both alcohol and
druq content of his blood. if he is arrested for
violation of section 21-336 within two (2) hours
of the alleqed offense.
Any person so arrested for a violation of section
21-336(i) or (ii). or both. shall elect to have
either a blood or breath sample taken. but not
both.
If either the blood test or the breath
test is not available. then the available test
shall be taken and it shall not be a matter of
defense if the blood test or the breath test is
not available.
If the accused elects a breath
test.
he shall be entitled.
to
upon request .
observe the process of analysis and to see the
blood-alcohol readinq on the equipment used to
perform
equipment
the
breath
test.
If
the
automatically produces a written printout of the
breath test result.
the printout.
or a copy.
shall be qiven to the accused.
A
after
havinq
a
been
arrested
for
person.
violation of section 21-336 (iii) or (iv). may be
required to submit to tests to determine the
alcohol or druq content of his blood.
If a
person.
after
having
a
been
arrested
for
violation of section 21-336 (i) or (ii). or both.
chooses to submit to a breath test in accordance
with subsection (b) (2)
of this section. he may
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also be required to submit to tests to determine
the
drug
content
his
if
law-
the
of
blood
enforcement
officer
to
reasonable
has
cause
believe
drivinq
the
under
the
person
was
influence of any druq or combination of druqs, or
the combined influence of alcohol and druqs.
Refusal of tests: procedures.
ill
.ill.
after havinq been arrested for a
If a person,
violation of section 21-336 and after having been
advised bv the arrestinq officer that a person
who
motor
vehicle
public
operates
upon
a
a
hiqhwav in this city is deemed therebv,
as a
condition of such operation, to have consented to
have samples of his blood or breath taken for
chemical tests to determine the alcohol or drug
content of his blood, and that the unreasonable
refusal to do so constitutes qrounds for the
revocation of the privilege of operatinq a motor
vehicle upon the hiqhwavs of this city,
then
refuses to permit blood or breath samples to be
taken for such tests, the arrestinq officer shall
take the person before a committing maqistrate.
If he aqain so refuses after havinq been further
advised bv the maqistrate of the law requiring
blood or breath samples
to be taken and the
penalty for refusal, and so declares aqain his
refusal in writing upon a form provided bv the
Supreme Court, or refuses or fails to so declare
in
writinq
is
certified
and
such
fact
as
prescribed below, then no blood or breath samples
shall be taken even thouqh he may later request
them.
The form shall contain a brief statement of the
law
requirinq
or
breath
taking
the
of
blood
samples
and
the
penalty
for
refusal,
a
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declaration
lines
for
the
of
refusal.
and
signature of the person from whom the blood or
breath
sample
is
and
the
the
date.
souqht.
siqnature of a witness to the siqninq.
If the
person
refuses
fails
the
or
to
execute
declaration.
the maqistrate shall certify such
fact and that the magistrate advised the person
that a refusal to permit a blood or breath sample
to
be
if
unreasonable,
found
to
be
taken,
constitutes
revocation
of
the
qrounds
for
person's privileqe to operate a motor vehicle on
the hiqhways of this city.
The magistrate shall
promptly issue a warrant or summons charqing the
person with a violation of
section 21-338 (b) .
The warrant or summons shall be executed in the
same manner as criminal warrants.
The
executed
declaration
or
the
refusal
of
certificate of the maqistrate.
as the case may
be. shall be attached to the warrant and shall be
forwarded by the magistrate to the court.
When
the
receives
declaration
or
the
court
certificate and the warrant or summons charginq
refusal, the court shall fix a date for the trial
of the warrant or summons, at such time as the
court
desiqnates
but
subsequent
to
the
defendant's criminal trial for driving under the
influence of intoxicants.
The declaration of refusal or certificate of the
maqistrate shall be prima facie evidence that the
defendant
refused to
blood
breath
allow
a
or
sample to be taken to determine the alcohol or
druq content of his blood.
However, this shall
not prohibit the defendant from introducinq on
his behalf evidence of the basis for his refusal.
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The court shall determine the reasonableness of
such refusal.
lQl.
Appeal and trial: sanctions for refusal.
The procedure
for appeal and trial shall be the same as provided bv law for
misdemeanors: if requested bv either party on appeal to the circuit
court. trial by jury shall be as provided in Article 4 (S 19.2-260
et sea.) of Chapter 15 of Title 19.2. Code of Virainia. and the
city shall be reQuired to prove its case beyond a reasonable doubt.
If the court or iurv finds the defendant Quilty as charaed in the
warrant or summons issued pursuant to subsection (c). the court
shall suspend the defendant's privileae to drive for a period of
six months for a first offense and for one year for a second or
subseQuent offense of refusal within one year of the first or other
such refusal.
The time shall be computed from the date of the
first offense to the date of the second or subseQuent offense.
However. if the defendant pleads Quilty to a violation of section
21-336. the court may dismiss the warrant or summons.
The
court
defendant's
license
the
to
shall
forward
the
commissioner of the Department of Motor Vehicles of Virainia as in
other cases of similar nature for suspension of license.
However.
if the defendant appeals his conviction. the court shall return the
license to him upon his appeal being perfected.
-ÚÙ
Qualifications and liability of persons authorized to
take blood sample: procedure for taking samples.
For purposes of
this article.
registered professional nurse.
only a physician.
araduate laboratory technician or a technician or nurse designated
by order of a circuit court actina upon the recommendation of a
licensed phvsician.
polyvinylpyrrolidone
using soap and water.
iodine or benzalkonium chloride to cleanse the part of the body
from which the blood is taken and usina instruments sterilized bv
the accepted steam sterilizer or some other sterilizer which will
not affect the accuracy of the test. or usina chemicallY clean
sterile disposable syringes. shall withdraw blood for the purpose
of determinina its alcohol or drua content.
It is a Class 3
misdemeanor to reuse sinale-use-onlv needles or svrinaes.
No civil
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liability shall attach to any person authorized to withdraw blood
as a result of the act of withdrawinq blood as provided in this
section from any person submittinq thereto. provided the blood was
withdrawn accordinq to recoqnized medical procedures.
However. the
person shall not be relieved from liability for neqliqence in
withdrawinq of any blood sample.
No person arrested for a violation of section 21-336 shall be
required to execute in favor of any person or corporation a waiver
or release of liability in connection with the withdrawal of blood
and as a condition precedent to the withdrawal of blood as provided
for in this section.
J.fi
Transmission of blood samples.
Adequate portions of
blood samples withdrawn pursuant to subsection (e) shall be placed
in vials provided bY the Division of Forensic Science.
The vials
shall
sealed
by the
takinq
at
his
sample
the
or
be
person
direction.
The person who seals the vial shall complete the
prenumbered certificate of blood withdrawal form attached to the
vial by the Division.
The completed withdrawal certificate for
each vial shall show the name of the accused. the name of the
person takinq the blood sample. the date and time the blood sample
was taken and information identifyinq the arresting or accompanying
officer.
The officer shall initial the completed certificate.
The
vials shall be divided between two containers provided by the
Division. and the containers shall be sealed to prevent tamperinq
with the vial.
The arrestinq or accompanyinq officer shall take
possession of the two containers as soon as the vials are placed in
such containers and sealed. and shall promptlY transport or mail
one of the containers to the Division.
ImmediatelY after taking
possession of the second container. the officer shall qive to the
accused a form provided by the Division which sets forth the
procedure to obtain an independent analysis of the blood in the
second
container.
list
addresses
of
of
names
and
the
and
a
laboratories approved bY the Division.
The form shall contain a
space
for
accused
or his
direct
officer
counsel
to
the
the
possessinq the second container to forward it to an approved
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laboratory for analysis. if desired.
If the accused directs the
officer in writing on the form to forward the second container to
an approved laboratory of the accused's choice. the officer shall
do so.
If the accused does not direct otherwise on the form. the
officer havinq the second container shall deliver it to the chief
of police or his desiqnee.
The chief of police. or his desiqnee.
upon recei vinq the container.
shall retain it for a period of
seventv-twohours. durinq which time the accused or his counsel
may. in writinq. on the form provided hereinabove. direct the chief
of police or his designee to mail the second container to the
laboratory the accused has chosen from the approved list.
The contents of the second container shall be transmitted.
tested
admitted
same
manner
and
in
in
evidence
in
and
the
accordance with procedures established for the sample sent to the
Division:
however.
an anal vsis of the second blood sample to
determine the presence of a druq or drugs shall not be performed
unless an analysis of the first blood sample bv the Division has
indicated the presence of such druq or druqs.
If the chief of police or his desiqnee havinq possession of
the second container is not directed as herein provided to mail it
within seventy-two hours after receivinq the container. he shall
destroy it.
1.9.1.
Transmission of blood test resul ts ; use as evidence.
Upon receipt of a blood sample forwarded to the Division for
analysis pursuant to subsection (f). the Division shall have it
examined for its alcohol or druq content and the Director shall
execute a certificate of analysis indicatinq the name of the
accused. the date. time and bv whom the blood sample was received
and examined: a statement that the seal on the vial had not been
broken or otherwise tampered with: a statement that the container
and vial were provided bv the Division and that the vial was one to
which the completed withdrawal certificate was attached: and a
statement of the sample's alcohol or druq content.
The director or
representative shall remove the withdrawal certificate from the
vial. attach it to the certificate of analysis and state in the
17
595
596
597
598
599
600
601
602
603
604
605
606
607
608
609
610
611
612
613
614
615
616
617
618
619
620
621
622
623
624
625
626
627
628
629
certificate of analysis that it was so removed and attached.
The
certificate of analysis with the withdrawal certificate shall be
returned to the clerk of the court in which the charqe will be
heard.
The vial
destroyed
after
shall
be
and blood
sample
completion of the analysis.
A similar certificate of analysis.
with the withdrawal certificate from the independent laboratory
which analyzes the second blood sample on behalf of the accused.
shall be returned to the clerk of the court in which the charqe
will
shall
destroyed
after
The
blood
sample
be
be
heard.
completion of the analysis by the independent laboratory.
When a blood sample taken in accordance with the provisions of
subsections
is forwarded for analysis to the
throuqh
(f)
(b)
Division.
a report of the test results shall be filed in that
office.
identification
certificate
of
Upon
proper
of
the
withdrawal.
certificate
analysis.
with
the withdrawal
the
of
certificate attached.
shall. when attested by the Director.
be
admissible in any court. in any criminal or civil proceedinq. as
evidence of the facts therein stated and of the results of such
analysis.
On a motion of the accused. the certificate prepared for
the second sample shall be admissible in evidence when attested by
the patholoqist or by the supervisor of the approved laboratory.
Upon request of the person whose blood or breath was analyzed.
the test results shall be made available to him.
lhl
Payment for withdrawinq blood shall not exceed
Fees.
twentY-five dollars. which shall be paid out of the appropriation
for criminal
charqes.
If the person whose blood sample was
withdrawn is subsequently convicted for a violation of section 21-
336 or of a similar ordinance. or is placed under the purview of a
probational. educational. or rehabilitational proqram as set forth
in section 18.2-271. Code of Virqinia. the amount charqed bY the
person withdrawinq the sample shall be taxed as part of the costs
of the criminal case and shall be paid into the qeneral fund of the
state treasury.
Ap~roved laboratories determining the alcohol content of the
second blood sample shall be allowed a fee of no more than twenty-
18
630
631
632
633
634
635
636
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661
662
663
664
five dollars. which shall be paid out of the appropriation for
criminal charqes.
Payment for determininq the presence of a druq
or druqs in the second sample may not exceed the amount established
on the Divisions'
fee schedule and shall be paid out of the
appropriation for criminal charges.
If a person whose blood sample was withdrawn is subsequentlY
convicted for violation of section 2-336. (i) the fee paid by the
Commonwealth to the laboratory for testing the second blood sample
and (ii) a fee of twentY-five dollars for testinq the first blood
sample by the Division shall be taxed as part of the costs of the
criminal case and shall be paid into the general fund of the state
treasury.
ill
Assurance of breath-test validi ty; use of test resul ts as
evidence.
To be capable of being considered valid as evidence in
a prosecution under section 21-336. chemical analysis of a person's
breath shall be performed bY an individual possessinq a valid
license to conduct such tests. with a type of equipment and in
accordance with methods approved by the Department of General
Services. Division of Forensic Science.
The Division shall test
the accuracy of the breath-testing equipment at least once every
six months.
The Division shall
establish a traininq proqram for all
individuals who are to administer the breath tests.
The proqram
shall include at least forty hours of instruction in the operation
of the breath-test equipment and the administration of such tests.
Upon a person's successful completion of the training proqram. the
Division may license him to conduct breath-test analyses.
Any individual conductinq a breath test under the provisions
of subsection (b) shall issue a certificate which will indicate
that the test was conducted in accordance with the Division's
specifications.
equipment
which
the
the
breath
test
on
was
conducted has been tested within the past six months and has been
found to be accurate. the name of the accused. the date and time
the
sample was
taken
from the
accused.
the
sample's
alcohol
content. and the name of the person who examined the sample.
This
19
665
666
667
668
669
670
671
672
673
674
675
676
677
678
679
680
681
682
683
684
685
686
687
688
689
690
691
692
693
694
695
696
697
698
certificate. when attested by the individual conductinq the breath
test. shall be admissible in any court in any criminal or civil
proceeding as evidence of the facts therein stated and of the
results
analysis.
certificate
analysis
of
Any
such
of
such
purportinq to be siqned by a person authorized by the Division
shall be admissible in evidence without proof of seal or siqnature
of
is
signed
A
it.
copy of
the
to
the
person whose
name
certificate shall be promptlY delivered to the accused.
The officer makinq the arrest. or anyone with him at the time
of the arrest .
or anyone participatinq
in the arrest of the
accused. if otherwise qualified to conduct such test as provided by
this section. may make the breath test or analyze the results.
ill
In any trial
Evidence of violation of section 21-336.
for a violation of section 21-336. the admission of the blood or
breath test results shall not limit the introduction of any other
relevant evidence bearinq upon any question at issue before the
court. and the court shall. reqardless of the result of any blood
or breath test. consider other relevant admissible evidence of the
condi tion of the accused.
If the test results
indicate the
presence of any druq other than alcohol. the test results shall be
admissible only if other competent evidence has been presented to
relate the presence of the druq or druqs to the impairment of the
accused's ability to drive or operate any motor vehicle. engine or
train safelY.
The failure of an accused to permit a blood or breath sample
to be taken to determine the alcohol or druq content of his blood
is not
evidence
sub; ect to
and
shall
not be
comment by the
prosecution at the trial of the case. except in rebuttal: nor shall
the fact that a blood or breath test had been offered the accused
be evidence or the sub;ect of comment by the prosecution. except in
rebuttal.
The court or ;ury tryinq the case involvinq a violation
of clause (ii). (iii) or (iv) of section 21-336 shall determine the
innocence or quilt of the defendant from all evidence concerninq
his condition at the time of the alleged offense.
20
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
1kl
Substantial
compliance.
steps
set
forth
in
The
subsections
(i)
relatinq
takinq.
handlinq.
(b)
throuqh
to
identifYing.
disposinq
breath
samples
are
blood
of
and
or
procedural and not substantive.
Substantial compliance shall be
sufficient.
Failure to complY with any steps or portions thereof.
or a variance in the results of the two (2) blood tests. shall not
of itself be qrounds for finding the defendant not quilty. but
shall go to the weiqht of the evidence and shall be considered with
all the evidence in the case: however. the defendant shall have the
right to introduce evidence on his own behalf to show noncompliance
with the aforesaid procedures or any part thereof. and that as a
result his riqhts were preiudiced.
section 21-340.
General penalty.
(a)
Any person violating any provision of section 21-336
shall be guilty of a Class 1 misdemeanor.
Any person convicted of
a second offense committed within less than five (5) years after a
first offense under section 21-336 shall be punished by a fine of
not less than two hundred dollars
($200.00)
nor more than two
thousand five hundred dollars ($2,500.00) and by confinement in
jail for not less than one month nor more than one year.
Forty-
eight (48) hours of such confinement shall be a mandatory, minimum
sentence not subj ect to suspension by the court.
Any person
convicted of a second offense committed within a period of five (5)
to ten (10) years of a first offense under section 21-336 shall be
punishable by a fine of not less than two hundred dollars ($200.00)
nor more than two thousand five hundred dollars ($2,500.00) and by
confinement in jail for not less than one month nor more than one
year.
Any person convicted of a third offense or subsequent
offense committed within ten (10) years of an offense under section
21-336 shall be punishable by a fine of not less than five hundred
dollars ($500.00) nor more than two thousand five hundred dollars
($2,500.00) and by confinement in jail for not less than two (2)
months
than
Thirty
days
of
such
(30)
one
year.
nor more
confinement shall be a mandatory, minimum sentence not subject to
suspension by the court if the third or subsequent offense occurs
21
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
767
768
within less than five (5) years.
Ten (10) days of such confinement
shall be a mandatory, minimum sentence not subject to suspension by
the court if the third or subsequent offense occurs within a period
of five (5) to ten (10) years of a first offense.
(b)
For the purpose of this section, a conviction, or finding
of not
innocent quilty in the case of a juvenile,
under the
followinq shall be considered as a prior conviction:
(i)
the
provisions of section 21-336, or of section 22-84 of the Virginia
Beach city Code which was in effect prior to the adoption of this
Code, or of section 18.2-266, Code of Virginia, or any similar
former section of such code, or of an ordinance of any county, city
or town in this state or law of any other state or of the united
states substantially similar to the provisions of sections 18.2-266
through 18.2-269,
Code of Virginia,
( ii)
the provisions of
or
subsection A of section 46.2-341.24, former 46.1-372.23, Code of
Virginia,
or the substantiallY similar laws of any other state
oubot~nti~lly oimilar to ouboection A of oection 46.2 341.24, Code
of "v7irg inia,
ohall be conoidered a prior con.v'iction or of the
united states.
Sec. 21-341.
Forfeiture of right to drive.
(a)
provided
18.2-271.1,
in
section
Code
of
Except
as
Virginia, the judgment of conviction, if for a first offense under
section 21-336, shall of itself operate to deprive the person so
convicted of the privilege to drive or operate any motor vehicle,
engine or train in the commonwealth for a period of oix (6) montho
one (1) year from the date of such judgment.
If a person is ill
tried on a process alleging a second offense of violating section
21-336 or for ~ oimil~r offence under oection 18.2 266, Code of
Virginia,
city
ordinance,
or
under
county, .
t mm
or
or
~ny
ouboection A of oection 46.2 341.24 of the Code of Virginia, within
ten
first offense
for which the person was
(10)
of
years
a
convicted. or found quilty in the case of a juvenile. under section
21-336, or for ~ cimil~r offence under either section 18.2-266,
Code of Virginia, or subsection A of section 46.2-341.24. Code of
Virqinia, or under any valid county, city or town ordinance, or law
22
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
of any other state or of the united states substantially similar to
section 18.2-266 or subsection A of section 46.2-341.24L of thc
Code of Virginia, and 1iil is convicted thereof,
such person's
license to operate a motor vehicle,
engine or train shall be
revoked for a period of three
(3)
years from the date of the
judgment of conviction.
Any such period of license suspension, or
revocation, in any case, shall run consecutively with any period of
suspension for failure to permit a blood or breath sample to be
taken as required by section 21-338.
(b)
If any pcroon hûo hcrctoforc bccn convictcd or found not
innoccnt in thc Cûoc of û ju~cnilc of violating ûny oimilûr ûct in
thc colftfftomlcal th or ûny othcr otûtc ûnd thcrcûftcr io chûrgcd 'ild th
a occond ~iolation of ocction 21 336 and convictcd of violating thc
pro~ioiono of ocction 21 336, ouch con~iction or finding ohall, for
thc purpooc of thio ocction ûnd ocction 21 340, bc û oubocqucnt
offcnoc and ohûll bc puniohcd ûccordingly.
If a person is tried on
a process alleging a third or subsequent offense of violating
section 21-336 ,,¡hcrcin thc prior offcnoco uhcrc ~y'iolationo of
ocction 21 336 or any oimilar act in thc colftfftonwcûlth or ûny othcr
otûtc, within ten (10) years of two (2) other offenses for which
the person was
convicted,
a
found quilty
in the case
of
or
iuvenile, under section 21-336, or either section 18.2-266, Code of
Virqinia, or subsection A of section 46.2-341.24, Code of Virqinia,
or any valid county, city or town ordinance or law of any other
state or of the united states substantially similar to section
18.2-266, Code of Virqinia, or subsection A of section 46.2-341.24,
Code of Virqinia, and is convicted thereof, such person shall not
be eligible for participation in a program pursuant to section
18.2-271.1, Code of Virginia and shall have his license revoked as
provided in subsection B of section 46.2-391, Code of Virginia.
The court trying such case shall
order the surrender of the
driver's license of the person so convicted, to be disposed of in
accordance with section 46.2-398 of the Code of Virginia, and shall
notify such person that his license has been revoked indefinitely.
23
803
804
805
806
807
808
809
810
811
812
(c)
Notwithstanding any other provisions of this section, the
period of license revocation or suspension shall not begin to
expire until the person convicted has surrendered his license to
the court or to the Department of Motor Vehicles.
This Ordinance shall become effective July 1, 1992.
Adopted by the Council of the city of Virginia Beach, Virginia
on the 23 day of June , 1992.
CA-4704
\ORDIN\PROPOSED\21-337ET.PRO
R-1
24
- 17-
Item V-G.2
CONSENT AGENDA
ITEM # 35748
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counc i I ADOPTED:
Ordinance to AMEND Ordinance No. 92-2131F
authorizing the City Manager to transfer funds from
the Economic Development Investment Program to the
Development Authority (correction of Fiscal Year).
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClõTld,l,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou is R. Jones
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
AN ORDINANCE TO AMEND ORDINANCE NO.
92-2131F WHICH AUTHORIZED THE CITY
MANAGER TO TRANSFER FUNDS FROM THE
ECONOMIC DEVELOPMENT INVESTMENT
PROGRAM TO THE CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY
WHEREAS, the City of Virginia Beach Development Authority
(the "Authority") was created pursuant to Chapter 643 of the Acts
9
of Assembly of 1964 (as amended) (the "Acts");
WHEREAS, one of the primary purposes of the Authority as
set forth in the Acts is to "promote
industry and develop trade by
inducing manufacturing,
industrial,
governmental and commercial
enterprises to locate in or remain in the [City]....";
WHEREAS,
the
Department
Economic
of
Development,
on
behalf of the Authority, has induced C & P Telephone Company to
locate
its
132,000
foot
Virginia
Eastern
Regional
square
Headquarters and Administrative Office Building in the City of
Virginia Beach;
WHEREAS, the inducement included an agreement to provide
C & P Telephone Company $600,000 to underwrite a portion of the on-
site infrastructure costs for improvements to its facility;
WHEREAS, funds are available in the Economic Development
Investment Program Account (Project 2-141) which was approved in
the FY
1990-91/1994-95
Capital
Improvement Program to provide
infrastructure improvements on sites and along roadways to enhance
the economic viability of property; and
WHEREAS, at its regularly-scheduled meeting on April 21,
1992,
the Authority,
by
vote
of
determined
7-0,
a
that
the
provision of the aforementioned
)
incentive to C
&
P Telephone
Company would
valid
public
serve
a
and
be
in
would
purpose
furtherance of the purposes for which the Authority was created.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to transfer
funds in the amount of $600,000 from the Economic Development
Investment
Program
Account
to
City
the
Virginia
of
Beach
'"
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Development Authority to enable the Authority to provide $600,000
to C & P Telephone Company to underwrite a portion of the costs of
on-site infrastructure improvements to C & P Telephone Company's
Eastern Virginia Regional Headquarters and Administrative Office
Building to be located in the City of Virginia Beach.
BE IT FURTHER RESOLVED:
That $300,000 shall be transferred to the Authority in FY
1992 93 1991-92, and the remaining $300,000 shall be transferred to
the Authority in FY 1993 94 1992-93.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
23
June
, 1992.
CA-4719
ORDIN\NONCODE\C&P.ORD
R2
At'~KÜ\lfD AS TO CONTENTs.
S'GNATURE
DEP ART MENT
2
- 18 -
Item V-G.3.a.
CONSENT AGENDA
ITEM # 35749
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Cou nc i I ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $250,000
grant from the Virginia Board on Conservation and
Development of Public Beaches to the FY 1991-1992
Department of Publ ic Works Budget re supplement the
city's sand replenishment program.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou is R. Jones
1..- - '">7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
1
2
3
4
5
AN ORDINANCE TO ACCEPT AND APPROPRIATE
TO THE FY 1991-92 OPERATING BUDGET OF THE
OF PUBLIC WORKS DEPARTMENT A $250,000 GRANT FROM THE
VIRGINIA BOARD ON CONSERVATION AND DEVELOPMENT OF
PUBLIC BEACHES FOR SAND REPLENISHMENT
6
WHEREAS, the severe coastal storms experienced this past fall
7
and winter resulted in accelerated erosion and sand loss along the
8
city's beaches;
9
the
city,
Beach
Erosion
Virginia
through
the
WHEREAS,
Commission,
funding
on
Virginia
requested
from
the
Board
Conservation and Development of Public Beaches to supplement the
city's sand replenishment program and address the unusually high
loss of sand due to these storms;
WHEREAS, on February 5, 1992, the Board approved the grant in
the amount of $250,000 for the city's sand replenishment program,
and these funds have been received by the city.
WHEREAS,
for
accounting purposes,
should be
these
funds
appropriated to the FY 1991-92 Operating Budget.
NOW, THEREFORE, BE IT pRDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $250,000 be accepted as
a grant from the Virginia Board on Conservation and Development of
Public Beaches and appropriated to the FY 1991-92 Operating Budget
of the Public Works Department to be used as a supplement to the
city's sand replenishment program;
BE IT FURTHER ORDAINED that estimated revenues from the
Commonwealth be increased by a corresponding amount.
Adopted the
23
, 1992, by the Council of
June
day of
the City of Virginia Beach, Virginia.
This ordinance shall be in effect from the date of
its
adoption.
'.."k'i""""~-",,.-
1j
APPROVED AS TO C.-/ ::
~~~ ~
Walter C. K emer, Jr. ¡i
Department of Management and Budget ~
-- -.-
\
¡
;' . ". "'-""""""":"""-~~-""~"",",""-',,"'" J
- 19 -
Item V-G.3.b.
CONSENT AGENDA
ITEM # 35750
Upon rrotion by Counci I woman Parker,
Counci I ADOPTED:
seconded by Vice Mayor Fentress, City
Ordinance to ACCEPT and APPROPRIATE a $150,000
grant from the Commonwealth of Virginia for use in
the improvement of Owl's Creek Boat Ramp.
The City Manager advised this project only represents a phase of the CIP
Project (pavings, guard rai Is, I ighting, etc.).
Vot i ng:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Louis R. Jones
10
11
12
13
14
15
16
17
18
19
20
21
22
1
2
3
AN ORDINANCE TO APPROPRIATE AND ACCEPT
A GRANT OF $150,000 FROM THE COMMONWEALTH OF VIRGINIA
FOR USE IN THE IMPROVEMENT OF OWL'S CREEK BOAT RAMP
4
WHEREAS, the Department of Parks and Recreation has applied and has been
5
awarded a grant for $150,000 from the Commonwealth of Virginia Department of Game
6
and Inland Fisheries;
7
WHEREAS, staff has worked with the Department of Game and Inland Fisheries
8
to develop an acceptable program for the expansion and improvement of parking
9
facilities at Owl's Creek Public Boat Landing which is within the scope of the
existing Capital Project 4-956 Owl's Creek Boat Ramp Improvement;
WHEREAS, the grant funding requires no matching City funds and would
partially offset the cost of the Owl's Creek Boat Ramp Improvement;
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that a grant of $150,000 from the Commonwealth of Virginia Department
of Game and Inland Fisheries be accepted and appropriated to the Capital Project
4-956 Owl's Creek Boat Ramp Improvement to offset the cost of the program and
that estimated revenue from the Commonwealth of Virginia be increased by
$150,000.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
23rd June 1992
of
".".'. ,..-._,'7...""""""'o~ .=......""""',..".."
~
APPROVED AS TO CONTeNT"~
~~~
WAL TEA C. EA, JA.-.4
OFFICE OF BUDGET AND EVAlUATrON
...
::: l'". ~,' :;',"
...-.,. ",' ".." .- .
GRANT CONTRACT
FOR
PUBLIC BOATING ACCESS
By and Between
The Commonwealth of Virginia,
Board of Game and Inland Fisheries
and
City of Virginia Beach,. Virginia
This Grant Contract, made and entered into on the
day of
,1992;
by and between the City of Virginia Beach, a political subdivision of the Commonwealth of
Virginia, hereinafter called the "City", and the Commonwealth of Virginia, Board of Game and
Inland Fisheries (formerly Commission of Game and Inland Fisheries), hereinafter called the
"Board".
Whereas, the City and the Board signed a "Property Lease Agreement" on February 11, 1985
for the development and maintenance of a public boating access facility located off General
Booth Boulevard and Owl's Creek in the City of Virginia Beach, known as "Owl's Creek
Landing", hereinafter called the "Landing"; and,
Whereas, the City and the Board now deem it desirable to expand and improve the parking
facilities at the Landing for use by and for the benefit of boaters and fishermen.
I
..
. .
- -
NOW THEREFORE, in consideration of $150,000 granted to the City upon acceptance by the
Board of the completed parking expansion and improvements proposed by the City, hereinafter
referred to as the "Improvements", and more particularly described in the attached Exhibits A
and B, the City agrees to the following terms and conditions:
1. Upon completion and acceptance by the Board, the City shall maintain the Improvements
for a period of twenty (20) years as public parking facilities to be used exclusively for launching
and retrieving boats at the Landing. There shall be no charge or fee for public use of the
Improvements or the Landing.
2. The Improvements shall be designed and constructed to meet all federal, state and local
requirements including requirements for handicap accessible facilities.
3. The City shall comply with all federal guidelines for procurement and construction as
outlined in the attached Exhibit C, entitled, "Assurances - Construction Programs".
4. The City shall bear all cost of any ineligible project element and any eligible project cost
in excess of the granted amount.
5. Prior to award of the construction contract for the Improvements, the City shall submit
all final plans and specifications to the Board for review and approval.
6. The Improvements shall be completed as promptly as possible and in any event by the
20th day of November, 1992 and as per the Development Schedule outlined in attached Exhibit
D. Furthermore, the City shall submit a request for reimbursement of the grant funds to the
Board, along with copies of contracts and proof of expenditures, on or before December 11,
1992.
2
7. For a term concurrent with the public use rights granted in Paragraph 1 above, City shall
maintain the Improvements and any support facilities in a safe and efficient manner and be
responsible for any and all costs associated with such maintenance. Such maintenance shall
include mowing, trash removal, pavement and access road upkeep, and other repairs necessary
for safe public use of the facilities funded under this contract. In addition, the City shall
maintain the public waterways to the Landing at a suitable launching depth no less than four (4)
feet at Mean Low Water at the end of the boat ramps.
8. City shall patrol the Improvements and support facilities as it deems appropriate to
enforce both the local regulations and game laws using City's Police Department and other
public safety or service personnel and assist the Game Wardens.
9. City shall keep the Improvements open to the public except for reasonable closures for
maintenance or emergencies.
10.
City shall not limit the time of day for the public use of the Improvements without
prior approval of the Board.
11.
City shall not restrict the type of boats that can use the water served by the
Improvements without prior approval of the Board.
12.
City shall provide and maintain obvious and conspicuous signage acknowledging the
Department of Game and Inland Fisheries as cooperator in provision of the Improvements and
provide directional signs from the nearest major road. At least one (1) acknowledgement sign
shall be provided at each public entrance point to the Improvements.
3
13.
Time of performance is of the essence of this contract. This contract and the
operation of the facilities pursuant to it are intended to benefit the citizens of the
Commonwealth. The City submits to the jurisdiction of the Circuit Court of the City of
Richmond for enforcement of the covenants of this contract by Specific Performance.
14.
In the event of breach of this contract by City, the Board may terminate this contract.
In the alternative, the Board may notify the City of the breach and allow the City thirty (30)
days in which to cure the breach. Upon failure of the City to cure, the Board may declare that
this contract is terminated. In the event the Board declares the contract terminated, City shall
repay the Board pro rata the grant funds for the portion of the term of
this agreement from the date of termination to the end of the period specified in Paragraph 1,
and the City shall refund all unexpended funds in any event.
15.
City shall operate the Improvements and the Landing in accordance with the Board's
regulations pursuant to Section 29.1-103, and all applicable State and Federal laws, regulations
and compliance requirements.
This contract is not intended to replace, modify or amend the "Property Lease Agreement"
between the City and the Board (formerly "Commission"), dated February 11, 1985, related to
the establishment and maintenance of the Landing. Upon expiration of the time specified in
Paragraph 1 above, this contract shall be automatically renewed from year to year unless one
of the parties shall notify the other in writing, at least 60 days prior to the expiration date, of
its intent to terminate the contract. This contract may only be modified by agreement in writing
when signed by both parties.
4
COMMONWEALTH OF VIRGINIA
BOARD OF GAME AND INLAND FISHERIES
Attest:
By
Director
CITY OF VIRGINIA BEACH, VIRGINIA
Attest:
By
-
City Manager
By resolution duly adopted on the - day of -, 1992, the City Council of the City of
Virginia Beach has authorized the execution of this agreement by the City Manager whose
signature appears above.
5
EXHIBIT - A
GRANT CONTRACT
FOR
PUBLIC BOATING ACCESS
By and Between
The Commonwealth of Virginia,
Board of Game and Inland Fisheries
and
City of Virginia Beach, Virginia
Outline Program For The Expansion and Improvement of Parking Facilities at Owl's Creek
Public Boat Landing:
1.
The area defined on "Construction Layout" Plan (Exhibit B) shall be the area covered
by this grant contract.
2.
Expand and improve the parking lot (75 car/trailer spaces, 4 handicapped car/trailer
spaces, a separate 18 car parking area, 2 handicapped car spaces) and roadway by
correcting drainage, grading and graveling from the existing entrance throughout the
parking lot.
3.
Install new safety rail around the parking area and bumper system for parking. Install
night lighting as needed for security and to facilities night launching/retrieval of boats.
4.
Construct necessary handicapped accessible parking areas, access ways and ramps to
facilitate usage of the Landing, parking and ancillary facilities.
5.
Install portable toilet units including at least one (1) handicapped accessible toilet facility.
6.
Develop necessary walking trails to fishing and viewing areas.
7.
Conduct general clean up and brush removal, stabilization of the bank area where
needed, seeding to the edge of cleared area and installation of trash receptacles.
8.
Construct a concrete pad, located at the top of the boat ramp area, 45' x 116.5' in size
to facilitate launching and retrieval of boats.
6
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OMI Approv.d No. 034.8-ooQ
EXHIBIT - C
ASSURANCES - CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicabJe to your project or program, If you have questions,
piease contact the A warding Agency. Further, certain federai ass:,s...lr.::e awarding agencies may reqüH ~
applicants to certify to additional assurances. Ifsuch is the case, you will be notified.
As the duly authorized representative of the applicant I certify that the applicant:
1. Has the legal authority to apply for Federal
assistance, and the institutional. managerial and
financial capability (including funds sufficient to
pay the non-Federal share of project costs) to
ensure proper planning, management and
completion of the project described in this
application.
2. Will give the awarding agency, the Comptroller
General of the United States, and if appropriate,
the State, through any authorized representative,
access to and the right to examine all records,
books, papers, or documents related to the
assistance; and will establish a proper accounting
system in accordance with generally accepted
accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change
the terms of the real property title, or other
interest in the site and facilities without
permission and instructions from the a warding
agency, Will record the Federal interest in the
title of real property in accordance with awarding
agency directives and will include a covenant in
the title of real property acquired in whole or in
part with Federal assistance funds to assure
nondiscrimination during the useful life of the
project.
4. Will comply with the requirements of the
assistance awarding agency with regard to the
drafting, review and approval of construction
plans and specifications.
5. Will provide and maintain competent and
adequate engineering supervision at the
construction site to ensure that the complete work
conforms with the approved plans and specifica-
tions and will furnish progress reports and such
other information as may be required by the
assistance awarding agency or State.
6. Will initiate and complete the work within the
applicable time frame after receipt of approval of
the a warding agency.
7. Will establish safeguards to prohibit employees
from using their positions for a purpose that
constitutes or presents the appearance of personal
or organizational conflict of interest, or personal
gain.
8. Will comply with the Intergovernmental
Personnel Act of 1970 (42 U,S.C. n 4728-4763)
relating to prescribed standards for merit systems
for programs funded under one of the ninetei!r:
statutes or regulations specified in Apper1dix A of
OPM's Standards for a Merit System of Personnel
Administration (5 C.F.R. 900, Subpart F).
9. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 D,S.C. §§ 4801 et seq.) which
prohibits the use of lead based paint in
construction or rehabilitation of residence
structures.
10. Will comply with all Federal statues relating to
non-discrimination. These include but are not
limited to: (a) Title VI of the Civil Rights Act of
1964 (P.L. 88-352) which prohibits discrimination
on the basis of race, color or national origin; fb~
Title IX of the Education Amendments of 1972. as
amended (20 U.S,C. §§ 1681-1683, and 1685-
1686) which prohibits discrimination on the basis
of sex; (c) Section 504 of the Rehabilitation Act of
1973, as amended (29 D,S.C. § 794) which prohibit
discrimination of the basis of handicaps; (d) the
Age Discrimination Act of 1975, as amended (42
U.S.C. §§ 6101.6107) which prohibits discrimi-
nation on the basis of age; (e) the Drug Abuse
Office and Treatment Act of 1972 (P.L. 93-255). as
amended, relating to non-discrimination on the
basis of drug abuse; (0 the Comprehensive
Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (P.L.
91-616), as amended. relating to nondiscrimi-
nation on the basis of alcohol abuse or alcoholism;
(g) §§ 523 and 527 of the Public Health Serviœ
Act of 1912 (42 U.5,C. 290 dd-3 and 290 ee-3). as
amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.),
as amended, relating to non-discrimination in the
sale, rental or financing of housing; (i)'any other
non-discrimination provisions in the specific
statuteCs) under which application for Federal
assistance is being made, and (j) the requirements
on any other non-discrimination Statute(s) wtùcb
may apply to the application.
8
Authorized for Local Reproduction
Slandll'd Form .2AO ~"'I
Prescnbed by OUB Carcular 1r'02
tAtllHll - G GUNTINUED
11. Will comply, or has alreadý complied, with the
requirements of Titles II and III of the L"niIorm
Relocation Assistance and Real Property
Acquisition Policies Act of 1970 <P.L. 91-646)
which provides for fair and equitable treatment
of persons displaced or whose property is
acquired as a result of Federal and federally
assisted programs. These requirements apply to
all interests in real property acquired for project
purposes regardless of Federal participation in
purchases.
12. Will comply with the provisions of the Hatch Act
(5 U.S.C. §§ 1501-1508 and 7324-7328) which
limit the political activities of employees whose
principal employment activities are funded in
whole or in part with Federal funds.
13. Will comply, as applicable, with the provisions of
the D."is D.hM A~t (40 l- $ C. §§ 216. Lv 216..
+;., the Copeland Act (40 ü,S.C. § 276c and 18
V.S.C. § 874), the Contract Work Hours and
Safety Standards Act (40 U.S. §§ 327-333)
regarding labor standards for federaIJy assisted
construction subagreements.
14. Will comply with the flood insurance purchase
requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234)
which requires recipients in a special flood
hazard area to participate in the program and to
purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000
or more.
15. Will comply with environmental standards
which may be prescribed pursuant to the
foHowing: (a) institution of environmental
quality control measures under the National
Environmental Policy Act of 1969 <P.L. 91-190)
and Executive Order (EO) 11514; (b)
Environmental Policy Act of 1969 (P.L. 91-190)
and Executive Order (EO> 11514; (b) notification
of violating facilities pursuant to EO 11738; (d
protection of wetlands pursuant to EO 11990; (d)
evaluation of flood hazards in floodplains in
accordance with EO 11988; (e) assurance of
project consistency with the approved State
management program developed under the
Coastal Zone Management Act of 1972 (16 V.S.C.
B 1451 et seq.); (1) conformity of Federal actions
to Stale (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as
amended (42 ü.S.C. § 7401 et seq.); (g) protection
of underground sources of drinking water under
the Safe Drinking Water Act of 1974, as
amended, <P.L. 93-523); and (h) protection of
endangered species under the Endangered
Species Act of 1973, as amended, <P.L. 93-205L
16. Will comply with the Wild and Scenic Rivers Act
of 1968 (16 U.S.C. §§ 1271 et seq.) related to
protecting components or potential components
of the national wild and scenic rivers system.
17. Will assist the awarding agency in assuring
compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended
(16 U.S,C. 470), EO 11593 (identification and
preservation of historic properties), and the
Archaeological and Historic Preservation Act of
1974 (16 V.S.C. 469a-l et seq.).
18. Will cause to be performed the required financial
and compliance audits in accordance with the
Single Audit Act of 1984.
19. Will comply with all applicable requirements of
all other Federal laws, Executive Orders,
regulations and policies governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
APPLICANT ORGANIZA nON DATE SUBMITTED
9
SF 4240 14.1111. &aco
.
I.
II.
III.
IV.
V.
VI.
Exhibit D
DEVELOPMENT SCHEDULE
OWL'S CREEK PUBLIC BOAT LANDING
PARKING IMPROVEMENT PROJECT
CITY OF VA BEACH
Submit Final Construction Contract Documents
to the Board of Game & Inland Fisheries (Board)
by ...........................................Julyl,1992
Contract Document Approval by the Board. . . . . . .' . . . . . . . . . . . July 7, 1992
Advertise Project for Bids by ......................... July 12, 1992
A ward Construction Contract and issue
notice to proceed by ............................ September 4, 1992
100% Completion of Construction by ................ November 20, 1992
Submit request for reimbursement to
the Board by................................ December 11, 1992
10
- 20 -
Item V-G.3.c.
CONSENT AGENDA
ITEM # 35751
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Cou nc i I ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $25,265 grant
from the State Department of Criminal Justice
Services for the Victim Witness Program.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou is R. Jones
.llIno::> ?"i
1QQ?
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $25,265 GRANT
FROM THE STATE DEPARTMENT OF CRIMINAL JUSTICE SERVICES
FOR THE VICTIM WITNESS PROGRAM
1
the
Program
Victim
Witness
of
the
Off ice
WHEREAS,
of
the
2
Commonwealth's Attorney provides victims and witnesses of crime services which
3
include counseling, court information, referrals, travel arrangements, certain
4
expense reimbursements, and communication to the Commonwealth's Attorney;
5
WHEREAS, an application has been made and a $25,265 grant awarded
6
from the State Department of Criminal Justice Services to continue the funding
7
for one (1) Victim Witness Assistant position with the associated city fringe
8
benefits;
9
WHEREAS, this is a full-time temporary grant position funded 100%
10
from the grant with no required match or supplement.
11
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
12
VIRGINIA BEACH, VIRGINIA, that the grant from the State Department of Criminal
13
Justice Services in the amount of $25,265 be accepted and appropriated to the FY
14
1992-93 Operating Budget of the Victim Witness Program in the Office of the
15
Commonwealth's Attorney, with a corresponding increase in estimated revenues from
16
the Commonwealth;
17
BE IT FURTHER ORDAINED, that one
(1 )
full-time temporary grant
18
position be established for FY 1992-93 as a continuation of the State's annual
19
grant, and be maintained for as long as the grant funds are available.
20
Adopted by the City Council of the City of Virginia Beach, Virginia
on this day June 23 , 1992.
21
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APPROVED AS TO CONTENT
~~
WALTER C. K EMER, JR.
OFFICE OF BUDGET AND EVALUATION
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- 21 -
Item V-G.4.
CONSENT AGENDA
ITEM # 35752
Sheriff Frank Drew advised the State does not provide health insurance for his
Deputies.
Upon mot i on by Counc i I woman
Counc i I ADOPTED:
Parker,
seconded
by Counci Iman Clyburn,
City
Ordinance to APPROPRIATE $724,807 from the State
Compensation Board to the FY 1992-1993 Sheriff's
Department Budget re 36 additional Sheriff's Deputy
positions; increase FY 1992-1993 estimated revenues
from the Commonwealth by $724,807;
AND, TRANSFER $133,514 from the Reserve for
Contingencies-Salary for the City's portion of the
above deputy positions.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Council Members Absent
Lou ¡sR. Jones
June 23. 1997
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO APPROPRIATE $724,807 FROM THE STATE COMPENSATION
BOARD FOR 36 ADDITIONAL SHERIFF'S DEPUTIES AND TO TRANSFER $133,514
FROM THE RESERVE FOR CONTINGENCIES-SALARY FOR THE CITY'S REQUIRED PORTION
1
WHEREAS, the State Compensation Board has authorized, effective July
2
1, 1992, 36 additional Sheriff's Deputies for the Virginia Beach Correctional
3
Center Addition and has provided $724,807 towards the $858,321 in costs for these
4
additional deputies;
5
WHEREAS, the City will provide the remaining $133,514 as its portion
6
of these costs with the funding being transferred from within the FY 1992-93
7
Operating Budget Reserve for Contingencies-Salary.
8
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9
VIRGINIA BEACH,
VIRGINIA,
that 36 additional Sheriff Deputy positions be
established and that $858,321 be appropriated in the FY 1992-93 Sheriff's
Department Budget to cover the cost of these additional positions, with $724,807
in funds to be from the State Compensation Board and $133,514 to be transferred
from the City's FY 1992-93 Operating Budget Reserve for Contingencies-Salary.
BE IT FURTHER ORDAINED, that the FY 1992-93 Estimated Revenues from
the Commonwealth be increased by $724,807 to reflect Compensation Board funding
of these additional positions.
Adopted by the City Council of the City of Virginia Beach, Virginia
June 23
on this day , 1992.
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WALTER C AEMER, JR.
OFFICE OF BUDGET AND EVALUATION
- 22 -
Item V-G.5.
CONSENT AGENDA
ITEM # 35753
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counci I ADOPTED:
Ordinance to APPROPRIATE $76,800 from the Federal
Government to the FY 1991-1992 Sheriff's Department
Budget re one-time educational bonus to Sheriff's
Deputies and additional training; increase
FY 1991-1992 est i mated revenues from the Federa I
Government by $76,800; and unexpended funds be
carried forward into FY 1992-1993.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
AN ORDINANCE TO APPROPRIATE $76,800 TO THE FY 1991-92 SHERIFF'S
DEPARTMENT BUDGET FOR THE PURPOSE OF PROVIDING ADDITIONAL TRAINING
AND AN EDUCATIONAL BONUS TO THE EMPLOYEES OF THE SHERIFF
1
WHEREAS, the Virginia Beach Sheriff's Office receives revenues from
2
a number of sources for the services the Department provides and the Sheriff
3
estimates that the City will receive $76,800 in additional revenues for FY 1991-
4
92;
5
WHEREAS, the Sheriff wishes to provide a one time educational bonus
6
to qualified Deputies in his department to recognize their individual efforts to
7
upgrade their formal education;
8
WHEREAS, the City currently offers a similar program to members of
9
the Police and Fire Departments through the Educational Incentive Pay program;
10
WHEREAS, this program will not result in the use of City funds and
11
will only be contingent upon surplus revenues.
12
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
13
VIRGINIA BEACH, VIRGINIA, that $76,800 be appropriated in the Sheriff's FY 1991-
92 Operating Budget for the purposes of providing a one time educational bonus
14
15
to Sheriff's Deputies and that any funds remaining after the bonus be utilized
16
for additional training.
17
BE IT FURTHER ORDAINED, that the FY 1991-92 estimated revenues from
18
the Federal Government be increased by $76,800.
19
BE IT FURTHER ORDAINED, that these funds be carried forward into FY
20
1992-93 if they are unexpended by June 30, 1992.
21
Adopted by the City Council of the City of Virginia Beach, Virginia
on this day June 23 , 1992.
22
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APPROVED AS TO CONTENT
~~~
WAL TEA C. EA. JR.
OFFrCE OF BUDGET AND EVALUATION
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- 23 -
Item V-G.6.
CONSENT AGENDA
ITEM # 35754
Upon motion by Counci I man Heischober, seconded by Vice Mayor Fentress, City
Cou nc i I ADOPTED:
Ordinance to APPROPRIATE $11,833 from the Parks and
Recreation Gift Fund to various accounts in accord
with trust agreements.
Vot i ng:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou ¡sR. Jones
10
11
12
13
14
15
16
17
1
2
3
AN ORDINANCE TO APPROPRIATE $11,833 FROM THE
PARKS AND RECREATION GIFT FUND
TO VARIOUS ACCOUNTS IN ACCORD WITH TRUST AGREEMENTS
4
WHEREAS, the Parks and Recreation Gift fund receives cash donations from
5
citizens designated in trust agreements for various purposes including equipment
6
purchases, training, and undesignated expenditures;
7
WHEREAS, the Department of Parks and Recreation would like to appropriate
8
contributions in accord with trust agreements signed by private donors;
9
WHEREAS, $11,833 in private donations were contributed for recreation
supplies, staff training, specific events or for undesignated purposes and are
residing in the Parks and Recreation Gift Fund;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
that funds in the $11,833 be appropriated for purposes designated by private
contributors as listed on the attached page.
This ordinance shall be effective from the date of its adoption.
Adopted by Council of the City of Virginia Beach,
Virginia on the
23
June
of
, 1992.
~".->."".".... < ,.-.-
._=.' '1
1'.
..-'.-'"",'.~..
- 24 -
I tem V-G. 7.
CONSENT AGENDA
ITEM # 35755
Upon mot i on by Counc i I man He i schober, seconded by Vice Mayor Fentress, City
Counc i I ADOPTED:
Ordinance to APPROPRIATE $980 from the Francis Land
House Board of Governors Trust Fund to the General
Fund for construction of exhibit cases.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou ¡sR. Jones
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1
2
3
AN ORDINANCE TO APPROPRIATE $980 FROM
THE FRANCIS LAND HOUSE BOARD OF GOVERNORS TRUST FUND
TO THE GENERAL FUND FOR CONSTRUCTION OF EXHIBIT CASES
4
WHEREAS, the Francis Land House Board of Governors has solicited cash
5
donations from corporations, civic organization, and individuals to support
6
programs, exhibits, and activities of the Francis Land House;
7
WHEREAS, the Francis Land House Board of Governors would like to use $980
8
of the cash donations to upgrade equipment used for exhibition of artifacts;
9
WHEREAS, $980 is requested for the purpose of constructing artifact cases
with funds provided through private donations residing in the Francis Land Board
of Governors Trust Fund;
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds in the amount of $980 be appropriated from the Francis Land
Board of Governors Trust Fund to the General Fund to offset the cost of
constructing equipment used for the exhibition of artifacts.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
23
June
of
, 1992.
r-'~.~"""'c.="".~"""""d.'. .r
~
~ .
,.',
//'
--
~
APPROVED AS TO CONTENT
~
WALTER C. ER JR
OFFICE OF BUDGET AND EVALUATION
- 25 -
I tem V-G.8.
CONSENT AGENDA
ITEM # 35756
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counc i I ADOPTED:
Author i zat i on of Annua I Permi t Renewa I for area
private, municipal and non-profit organizations
operating emergency medical services agencies or
vehicles within the City, pursuant to Section
10.5-2 of the City Code.
Vot i ng:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
- 26 -
I tem V-G.9.
CONSENT AGENDA
ITEM # 35757
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counci I APPROVED:
LOW BID:
CROWDER CONSTRUCTION
COMPANY
Lake Gaston Water Supply
Pea Hi II Creek (CIP 5-964)
$ 11 ,445,350.00
LOW BIDS with advance notice to proceed:
CONTRACTORS PAVING
COMPANY, INC.
Courthouse Loop North
Phase I (CIP 2-078)
992,720.56
ASPHALT ROADS &
MATERIALS CO, INC.
1991-1992 Asphalt Concrete
(Profiling & Resurfacing)
(CIP 2-816)
786,809.14
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
- 27 -
Item V-G.10.
CONSENT AGENDA
ITEM # 35758
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counci I ADOPTED:
Ordinance authorizing license refunds in the amount
of $21,685.72 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Vot i ng:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Louis R. Jones
FORM NO. C."- 8 REV. 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penalty
Int.
Total
Century 21 Real Estate Academy
4164 Va. Beach Blvd., S-lll 1987-91
Virginia Beach, VA 23462
Audit
91. 07
91. 07
Kenneth A. Belangia Enterprises
T/A Aristo World Travel 1989-91
264 Capot Road
Virginia Beach, VA 23462
Audit
9.38
9.38
Kenneth A. Belangia Enterprises
Payable to: John T. Atkinson
Business Personal Property Bills
30.40
30.40
Marcano, Blanca M.
T/A Sabor Tropical
324 Detroiter Drive
Virginia Beach, VA 23462
1992
4/28/92
50.00
50.00
Certified as to Payment:
Approved as to form:
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $ 180.85
were approved by the Council
of the City of Virginia Beach on the -1L day of
June
, 19 2L-
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penalty
Int.
Total
Mayes, Edward W. 1989-91
T/A Kwick Kopy Printing
Payable to: John T. Atkinson
Business Personal Property Bill
Audit
685.65
685.65
Pulvinar, Rubelia C.
T/A Gem Craft Investments
912 Chimo Court
Virginia Beach, VA 23454
1992
4/24/92
12.00
12.00
Rene Jewelers Inc.
9547 Shore Drive
Norfolk, VA 23518
1990-91
Audit
141.60
141.60
Certified as to Payment:
~ .../-
, obert Po" vaugha~ ~.
Commissioner of the evenue
Approved as to form:
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $ 839.25
of the City of Virginia Beach on the ~ day of
~~
City Attorney
were approved by the Council
June
,19~
Ruth Hodges Smith
City Clerk
FORM NO. CA B REV. 3IB6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS.
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int.
Year Paid
Renfrow, Nedham Carl, Jr. 1987-1989 1987-90 1,492.73
T/A Renfrow Bonding Agency
1700 Lake Christopher Drive
Virginia Beach, VA 23464
Rusty Tub, Inc. 1989-92 Audit 222.24
1800 N. Mercury Blvd.
Hampton, VA 23666
Tru Clean Pressure Washing Co.
1306 Eaglewood Drive 1989-91 Audit 31. 68
Virginia Beach, VA 23454
Total
1,492.73
222.24
31. 68
Certified as to Payment:
~~
~ Robert P. Vaugh n/
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,746.65
of the City of Virginia Beach on the ~ day of
were approved by the Council
June
,19~
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penalty
Int.
Total
wilbanks Asset Management, Inc.
One Commercial Place, 8-1150 1990-92
Norfolk, VA 23510
Audit
105.18
105.18
Wizcomp Inc.
1208 8henva1ee Drive
Virginia Beach, VA 23464
1990-91
Audit
9.07
9.07
Certified as to Payment:
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 114.25
of the City of Virginia Beach on the ~ day of
were approved by the Council
June
, 19 --2L '
Ruth Hodges Smith
City Clerk
FORM NO. C."- 8 REV. 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS.
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penalty
Int.
Total
Federal Express Corporation
P.o. Box 727-Tax Dept. 1987-92
Memphis, TN 38194-2650
1988-90
18,804.72
18,804.72
Certified as to Payment:
~;-~
/ - --- ¿--
L--R"'óbert P. Vaughan
Commissioner of the evenue
--
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 18,804.72
of the City of Virginia Beach on the ~ day of
were approved by the Council
June
,19~.
Ruth Hodges Smith
City Clerk
"
- 28 -
Item V-H.laib/c/d/f/g.
,
ORDINANCES
ITEM # 35759
Rae H. LeSesne, 5325 Thornburg
Action Coalition, Inc., and
relative the reorganization
organizational chart with the
the benefit of the pub! ic.
lane, Phone; 497-8008, represented the Citizens
advised the majority of the amendments were
of the City Staff. Mr. LeSesne bel ieved an
responsibi I ities I isted should be published for
Upon motion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counci I ADOPTED:
Ord i nances to AMEND and REORDA I N the Code of the
City of Virginia Beach, Virginia:
Section 2-267 re Department of Public Works
Sect ions 6-13, 6-137, 6-139, 6-152 and 6-154
re beaches, boats and waterways
Sections 8-1, 8-8, 8-72, 8-111, 8-146, 8-173,
8-186 and 8-192 re buildings and bui Idlng
regulations
Sections 19-16,
oob i I e homes
19-17,
19-18 and
19-19 re
Sections 33-6
sidewalks
and
33-114.1
re streets and
Sections 37-68 and 37-71 re water supply.
Voting:
9-1
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
Reba S. McClanan
Counci I Members Absent
Lou is R. Jones
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AN ORDINANCE TO AMEND AND
REORDAIN SECTION 2-267 OF THE
CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
DEPARTMENT OF PUBLIC WORKS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7
8
BEACH, VIRGINIA:
That Section 2-267 of the Code of the City of Virginia Beach,
9
Virginia, is hereby amended and reordained to read as follows:
section 2-267.
Divisions established.
There shall be, within the department of public works, the
following divisions:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
ill.
Engineering division.
Highway division.
Solid waste division.
Traffic Engineering division.
Office of rHea! eßstate.
Permits and inspections division
Wcighto and mcaourco di~ioion.
Parkinq Systems Manaqement Office.
Adopted by the Council of the city of Virginia Beach, Virginia
23 June
on the day of , 1992.
CA-4714
\ORDIN\PROPOSED\02-267.PRO
R-2
DEPARTMENT
APPROVED AS TO LEGAL
.ill SUfFICIENCY AND ,~'- RM
J aM ~~{~l(ru~
CITY ATTC"'~JE I
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2
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 6-13, 6-137,
6-139, 6-152 AND 6-154 OF THE
CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
BEACHES, BOATS AND WATERWAYS.
7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8
BEACH, VIRGINIA:
9
That sections 6-13, 6-137, 6-139, 6-152 and 6-154 of the Code
of the City of Virginia Beach, Virginia, is hereby amended and
reordained to read as follows:
section 6-13.
Removing, grading sand from shores, beaches, etc.
(a)
Required.
In order to conserve the beaches and shores in
the city and to protect those areas adjacent to the beaches and
shores in the city, it shall be unlawful for any person to alter
the contours of sand by grading, carrying away or removing, or to
cause the contours of the sand to be altered by grading, carrying
away or removing, any sand from the shores, beaches, dunes, or
highland along the shores, beaches or dunes in the city without
first obtaining a permit from the city manager.
(b)
Exemptions.
Specifically exempt from this ordinance are
the authorized replenishment or nourishment activities of the City
of Virginia Beach or the Virginia Beach Erosion Council.
(c)
Application.
Any person desiring a permit required by
this section shall file an application therefor with the department
of public 'iTOrkû planning.
Such application shall be accompanied by
plans and other data in reference to the work as deemed appropriate
by the city engineer planninq director.
Plans shall be prepared,
stamped and endorsed by such qualified professional licensed to
practice in the Commonwealth of Virginia as the city engineer
planning
director
require;
provided,
that
this
however,
may
requirement may be waived if, in the judgment of the city engineer
planning director, the nature of the work to be performed renders
it unnecessary.
( d)
Issuance.
The city engineer planninq director shall
review any application filed under this section and if, in his
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opinion, the activity does not adversely encroach upon the rights
of others, the activity does not despoil the beach,
shores or
adversely affect the highland adjacent to the beaches and shores in
the
city
be
activity will
conducted with
practices
and
the
acceptable
city
shall
engineer planninq director,
to the
he
recommend to the city manager approval of the permit applied for.
If the city engineer planninq director does not recommend approval
of the permit, he shall recommend to the city manager that the
permit be denied.
(e)
Applicants bond.
No permit required by this section
shall be issued until the applicant has posted a bond approved as
to form and surety, insuring strict compliance with the terms and
condi tions of the permi t.
The amount of the bond shall be
determined by the city engineer planninq director, based on such
factors as the estimated cost to perform the requested activity and
to restore the area including but not limited to stabilization
costs of vegetation and sand fencing.
(f)
Any violation of this section shall constitute a Class 1
misdemeanor.
section 6-137.
Application.
Any person desiring a permit required by this article shall
file an application therefor with the department of public \ior]ca
planninq.
Such application shall be accompanied by plans and other
data in reference to the work proposed to be done.
Plans shall be
prepared,
stamped and endorsed by such qualified professional
licensed to practice in the Commonwealth of Virginia as the ~
engineer planning director may require; provided, however, that
this requirement may be waived if, in the judgment of the ~
engineer planninq director, the nature of the work to be performed
renders it unnecessary.
Section 6-139.
Issuance.
The
city
an
engineer
planninq
director
review
shall
application filed under this article and if, in his opinion, the
proposed structure does not encroach upon the rights of others, the
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waters or watercourses are not obstructed and the structure in
question conforms to the area and is built in accordance with
accepted
practices,
issuance,
by
the
shall
approve
the
he
department of public works, of the permit applied for.
section 6-152.
Application.
Any person desiring a permit required by this article shall
file an application therefor with the department of public WO~CD
planninq.
Plans accompanying such applications shall be prepared,
stamped and endorsed by such qualified professional licensed to
practice in the Commonwealth of Virginia as the city engineer
planninq
require;
provided,
this
director
may
however,
that
requirement may be waived if, in the judgment of the city engineer
planninq director, the nature of the work to be performed renders
it unnecessary.
section 6-154.
Issuance; conditions of permit; revocation.
(a)
Upon the approval,
by the director of public \ior]co
planning, of an application for a permit under this article, and
the posting of the bond required by section 6-153, the permit shall
be issued by the department of public works.
(b)
In issuing or renewing a permit pursuant to this article,
the director of public works or his designee may require, as a
condi tion of the permit,
any or all of the following in the
interest of the public health, safety and welfare:
(1)
(2)
That hours of operation be restricted;
That existing trees and other vegetation located
along public street frontage or between the site
of the operation and adjacent residential areas
be preserved and protected; and
(3)
specific
measures
That
be
taken
to
prevent
excessive noise, illumination, dust or odor from
affecting
properties
other
the
occupants
or
thereof.
The applicant shall have the right to appeal the imposition of any
permit condition to the city council.
3
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(c)
In the event the director of public uor]CD planninq or his
designee finds that a proposed dredging or landfill operation may
adversely affect the health,
safety or welfare of the general
public or of occupants of adjacent properties, he may refer the
application to the city council, which shall have the authority to
impose any or all of the conditions of the permit as are set forth
in this section.
(d)
The violation of any of the provisions of this article,
or the failure to maintain 'strict compliance with any of the
conditions of a permit issued pursuant to the provisions of this
article, shall be grounds for revocation of such permit by the
director of public works.
Any person continuing any activities
requiring a permit under this article after the revocation of such
permit shall be guilty of a Class 1 misdemeanor.
Adopted by the Council of the city of Virginia Beach, Virginia
23 June
on the
day of
, 1992.
CA-4708
\ORDIN\PROPOSED\06-013ET.PRO
R-1
APPROVED AS TO CONTENTS
\!f
s~
p[ ~
~T
APPROVED AS TO FORM
~A I(;l;~ ~ 7ft}! ~
SIGNA TURE
455>1 CITY A HORNEY
4
~ l!X.¡ c ft4;« s
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 8-1, 8-8,
8-72,8-111,8-146,8-173,8-186
AND 8-192 OF THE CODE OF THE
CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO
BUILDINGS AND BUILDING
REGULATIONS.
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That sections 8-1, 8-8, 8-72, 8-111, 8-146, 8-173, 8-186 and
8-192 of the Code of the City of Virginia Beach, Virginia, are
hereby amended and reordained to read as follows:
section 8-1.
Definitions.
As used in this chapter, the term "building code" shall mean
the Virginia Uniform Statewide Building Code adopted by section 8-
26 of this chapter and the term "division of inspections" or
"inspections division"
shall mean the permits and inspections
division of the department of pcrmi to and inopcctiono public works.
Section 8-8.
Inspection required before reconnecting
discontinued electrical service to commercial and
industrial buildings and trailer lots.
All commercial and industrial buildings and trailer lots to
which electrical service has been discontinued, for any purpose,
including changes of occupancy or use, other than nonpayment of
electrical bills, shall be inspected and released to the power
company by the department of pcrmito ~nd inopcctiono public works
prior to reconnect ion or transfer of service to a new customer.
section 8-72.
Officers.
Each division of the board shall elect from its membership a
chairperson.
The building official shall select one or more
employees
permits
from
the
inspections
division
and
of
the
department of pcrmita and inopcctiona public works to serve as
secretary to the divisions of the board.
The secretary of each
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division shall maintain a detailed record of all proceedings of
such divisions.
section 8-111.
General requirements.
(a)
Any person performing any work toward the installation,
replacement,
repair,
al teration or addition of any mechanical
systems or equipment shall obtain a permit from the director of the
department of pcrmito and inopcctiono public works or his designee,
hereinafter
director,
person
is
referred
to
unless
such
as
specifically
exempted therefrom under the provisions
of this
article.
(b)
Permits for the preceding may only be obtained by persons
certified to a Level II degree of competency as a mechanical worker
pursuant to the regulations referred to in this section and who
have met all of the applicable requirements of this article.
(c)
A violation of this section shall constitute a Class 3
misdemeanor.
Section 8-146.
General requirement.
(a)
A person performing any work toward the installation of
a plumbing fixture or gas appliance or any other plumbing facility,
or the performance of any additions, alterations or repairs to any
existing facility or fixture or gas piping shall obtain a permit
from the director of the department of pcrmi to and inapcctiono
public works or his designee, hereinafter referred to as director
unless such person is specifically exempted therefrom under the
provisions of this article.
(b)
Permits for the preceding may be obtained only by persons
certified to a Level II degree of competency as a plumber, pursuant
to the regulations referred to in this section and who have met all
other applicable requirements of this code.
(c)
A violation of this section shall constitute a Class 3
misdemeanor.
section 8-173.
Level II electrician's bond.
(a)
Each Level II electrician doing electrical work within
the city, other than those registered with the state as Class A or
2
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Class B contractors pursuant to chapter 7 of title 54 of the Code
of Virginia, 1950, as amended, shall give a bond of two thousand
dollars ($2,000.00), in the form approved by the city attorney,
payable to the city with surety conditioned to indemnify and save
harmless the city as well as any other person from all expenses and
damage that may be caused by any negligent, defective or inadequate
work done in the city and to secure the payment of inspection fees
and permit fees.
(b)
When any electrical work done by a Level II electrician
or person working
for him
is determined to be defective or
inadequate by the electrical inspector and the Level II electrician
shall fail to revise or put such work in proper condition to the
satisfaction of the electrical inspector within ten (10) days after
written notice from the electrical inspector, such contractor may
have his certificate suspended by the department of pcrmitû and
inûpcctionû public works and, in addition thereto, shall pay any
and all damages which may be occasioned to any person by reason of
such defective or inadequate work.
section 8-186.
General requirement.
(a)
Any person performing any work toward the installation,
replacement,
repair,
alteration or addition of any electrical
system or equipment shall obtain a permit from the director of the
department of pcrmitû and inûpcctionû public works or his desiqnee,
hereinafter
director,
person
is
referred
to
unless
such
as
specifically
provisions
exempted
therefrom
under
the
of
the
article.
(b)
It shall be unlawful for any person to do any electrical
work in the city unless he has a current certificate of competency
covering the type of work performed and issued pursuant to this
division, or unless such person is specifically exempted therefrom
under the provisions of this division.
(c)
The person in charge of the electrical installations for
any person engaged in business as an electrical contractor shall
possess
current
certificate
a
of
competency
Level
II
a
as
electrician.
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Cd)
It shall be unlawful for any owner, lessee or agent or
any person having any authority or duty in connection with any
building or premises to employ any person to do any electrical work
in any such building or premises unless the electrical work done by
such person is under the control of a Level II electrician, holding
a current certificate of competency as such.
(e)
A violation of any provision of this section shall
constitute a Class 3 misdemeanor.
Section 8-192.
Examination of applicant - Generally.
(a)
The director of the department of pcrmi to and Ílwpcctions
public works or his desiqnee, hereinafter referred to as director,
is hereby empowered to examine applicants for certification as
electricians
in accordance with the
regulations,
as
amended,
established by the director of the department of housing and
community development pursuant to sections 15.1-11.4 and 36-99 of
the Code of Virginia, 1950, as amended.
The director shall have
and
exercise
the
all
authority
such
necessary to
effectuate
certification of applicants as electricians in accordance with the
aforesaid regulations.
(b)
Upon satisfactorily passing the requisite examination
given
by
the
director,
applicant
for
an
electrician's
an
certificate of competency shall be granted a certificate as a Level
I or Level II electrician.
Adopted by the Council of the City of Virginia Beach, Virginia
on the
23
, 1992.
June
day of
CA-4653
\ORDIN\PROPOSED\08-001et.PRO
R-1
~~¿¡c '{)¡¿þG5
DEPARTMENT
APPROVED AS TO FORM
~ {dÆJ f 12 {c J { (l~~--
SIGNA TUllE
~T. CITY A HORNEY
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 19-16, 19-17,
19-18 AND 19-19 OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO MOBILE
HOMES.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8
BEACH, VIRGINIA:
9
That Sections 19-16,19-17,19-18 and 19-19 of the Code of the
City of Virginia Beach, Virginia, are hereby amended and reordained
to read as follows:
section 19-16.
Enforcement of article.
This article shall be enforced by the director of pcrmitû and
inûpcctiona public works or his designee.
Section 19-17.
Permit required.
It shall be unlawful for any person to maintain, operate,
occupy or use a freestanding mobile home, unless such person shall
have obtained a permit therefor from the department of pcrmitû and
inapcctiona ~ublic works.
section 19-18.
Temporary use.
A permit for a temporary freestanding mobile home, to be used
exclusively for office quarters while the construction of the
principal building is being planned and completed or as temporary
office quarters for firms engaged in highway construction, building
construction
trucking
operations
and
issued
be
by
the
may
department of pcrmitû and inûpcctiona public works for a period not
to exceed one calendar year, provided all requirements of the city
zoning regulations are otherwise complied with.
Such permit may be
renewed for additional twelve (12) month periods.
section 19-19.
Location in agricultural districts.
(a)
A permit to allow one freestanding mobile home may be
approved by the department of pcrmitû and inûpcctionû public works
in any area zoned agricultural district, provided the following
conditions are complied with:
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(1)
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(2)
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(3)
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(4)
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(5)
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The mobile home is located to the rear or side
and on the same lot or parcel with a principal
residential
building
all
dimensional
and
requirements
dwellings
for
two
(2)
are
complied with and the required yards or open
space
of
principal
are
not
dwelling
the
encroached upon.
The mobile home is not located within four
hundred
feet of any other residence
(400)
existing at the time application is made to
locate the mobile home.
The immediately adjoining property owners and
those
directly
across
fronting
the
street
shall be notified by the department of pcrmito
~nd inopcctiono planning of the receipt of an
application to place a mobile home.
Such
notice shall be mailed at least fifteen (15)
days prior to the issuance of a permit by the
department of pcrmito ~nd inopcctiono public
works.
The address to which such notice shall
be
sent by the department of pcrmito
and
inopcctiono planning shall be that as shown on
the tax records of the city.
The
pcrmito
~nd
inopcctiono
department
of
public works
not
issue a permit to
shall
locate a freestanding mobile home until the
method of sewage disposal for such mobile home
is
of
public
approved
by
the
department
health.
A freestanding mobile home authorized under
the
this
be
section
terms
of
shall
not
occupied
by
not
member
of
the
anyone
a
immediate family resident in the principal
dwelling on the lot or parcel and such mobile
home shall not be occupied by more than one
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family.
For the purpose of this section, a
member of the immediate family is defined as
any person who is a natural or legally adopted
child, grandchild or spouse or parent of the
owner.
(6)
The
department
pcrmitû
of
~nd
inûpcctiona
planninq shall,
upon written receipt of an
objection from persons set forth in (3) above
to the placement bf a
freestanding mobile
home,
refer
application
the
the
city
to
council for approval or disapproval.
If no
obj ection is received by the department of
pcrmita ~nd inapcctions public works, it shall
be authorized to issue the freestanding mobile
home
permit
the
at
expiration
the
of
notification period.
(b)
Notwithstanding the provisions of subsection (a) hereof,
City Council may,
by resolution,
allow the continuation of an
existing freestanding mobile home if the circumstances under which
the original approval took place change, provided the Council finds
the mobile home to be compatible with surrounding land use.
resolution permitting such continuation,
In the
the City Council may
attach conditions and safeguards to its approval as it deems
necessary to assure such compatibility.
(c)
temporary
A
special
permit
may
be
issued
department of pcrmita and inapcctions public works for a period not
by
the
to exceed nine (9) months in a case where a single-family dwelling
has been destroyed or damaged by f ire or other disaster to an
dwelling is to be rebuilt or repaired.
extent which makes such dwelling uninhabitable and only where such
Adopted by the Council of the city of Virginia Beach, Virginia
23 June
on the day of , 1992.
APPROVED AS TO CONTENT:
~
~
~f~~
DEPAR ENT
CA-4659
\ORDIN\PROPOSED\19-016ET.PRO
R-2
3
APPROVED AS TO FORM
JJ J (J J)J ~. '/¡{C 1 IrttMatt-
SIGNATURE
A5':.T. CITY ATTORNEY
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 33-6 AND 33-
114.1 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO STREETS AND
SIDEWALKS.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8
BEACH, VIRGINIA:
9
That sections 33-6 and 33-114.1 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained to read
as follows:
Section 33-6.
Sales conducted on or adjacent to the public
right-of-way.
For purposes of this section only, "sale or exchange" shall be
defined as the advertising, displaying, offering or exchanging for
value of the below-mentioned items.
The sale or exchange of any item, including but not limited to
any and all goods, wares, flowers, prepared or unprepared food or
any other product by any person from any temporary structure,
including but not limited to any table or stand, or from any motor
vehicle, trailer, cart, dray, wagon, pushcart or any hand or pedal-
propelled vehicle shall be subject to the following regulations:
(a)
Sales conducted in the public right-of-way.
(1)
No such sale or exchange shall be made in any
street or public right-of-way along any street
for which the posted speed limit is greater than
twenty-five (25) miles per hour, nor shall such
sale or exchange be made in any street or public
right-of-way within twenty-five (25) feet of any
intersection.
(2)
No person conducting such sale or exchange in any
street or public right-of-way may remain within
anyone-block area for more than fifteen (15)
minutes
moving
before
to
another
block.
Additionally, such sale or exchange may not be
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(b)
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repeated in the same block within any eight-hour
period.
A block shall be understood to mean a
section of a street between its intersection with
two (2) adjoining streets, or a section of street
five hundred (500) feet in length, whichever is
shorter.
(3)
The provisions of subsection (a) hereof shall not
apply to such sales or exchanges conducted on the
premises of the Virginia Beach Farmer's Market or
of any other commercial enterprise operated under
franchise agreement of permit authorized by the
city manager.
Sales conducted on private property adjacent to the
public right-of-way.
conducting a
sale
Persons
or
exchange of the type described in this section on private
property, and persons allowing their private property to
be used for such sales or exchanges, shall be subject to
the following regulations:
(1)
sale
exchange
shall
take place
or
be
No
or
conducted, and no structure used for such sale or
exchange shall be located, within fifty (50) feet
of
sidewalk
the
closest edge
of the
nearest
pavement,
if there
no
is
street pavement
or
sidewalk, of any public right-of-way.
(2)
The person conducting the sale or exchange shall
have obtained written permission to conduct such
activity from the owner of the property involved,
and shall have also obtained from such owner
exclusive
control
of
the
property,
over
any
within the allowed area,
suff icient to ensure
that
is
space
there
adequate
for
the
safe
circulation of traffic; such area shall not be
less than eight hundred (800) square feet.
The
person conducting the sale or exchange shall not
allow any other activity to be conducted within
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(3)
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(4)
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this minimal eight hundred
(800)
square foot
area.
Such sales or exchanges shall not be conducted on
or from vacant lots.
Before
conduct
such
or
sale
person
may
any
exchange, such person must have provided to and
have had approved by the department of pcrmito
and inopcctiono planning a plat or site plan
identifying the location of the property on which
the activity is to be conducted and showing the
location of the structure from which the sale or
exchange activity will occur, the area under the
control of such person, and provisions for well-
defined vehicular entrances and exits.
Such plat
or
site
accompanied
a
by
plan
shall
be
nonrefundable fee of twenty-five dollars ($25.00)
for processing.
After review and approval of
such plat or site plan by the department of
pcrmito
application
inopcctiono
planninq,
and
shall be made to the city manager or his designee
for a permit to engage in the activities covered
by this section, in accordance with this section
and
site
Such
the
plan.
approved
plat
or
application shall state the name,
address and
telephone
number
the
of
person
or
persons
conducting the activity, the days and hours of
operation,
and sha 11
include evidence of the
property
permission
use
the
to
owner's
so
property, as required above, as well as a copy of
the approved plat or site plan.
A copy of the
permit issued by the city manager or his designee
as well as a copy of the approved plat or site
plan and the written permission of the property
owner shall be kept at the site of the activity.
Such permit must be obtained before a business
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(c)
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license for such activity may be
issued,
and
shall be renewed annually prior to the renewal of
any business license.
(5)
The requirements of subsection (b) hereof shall
not apply to outdoor sales and exchanges which
occur as an incidental part of the retail sales
activity
merchant
regularly
conducting
of
a
business from a permanent building where such
sales
premises
the
conducted
the
of
are
on
building and in close proximity to said building;
nor shall they apply to the otherwise lawful sale
of market produce and processed agricultural food
products such as jams and jellies; nor to garage
sales in residential areas.
(6)
Nothing herein shall exempt any person conducting
a sale or exchange of the type described herein
from the requirements of the comprehensive zoning
ordinance or any other applicable provision of
the law.
(7)
obtains
permit
who
A
pursuant
to
person
a
subsection (4), above, shall be allowed one sign
which shall be permanently attached to a motor
vehicle
and which
shall
not
exceed
ten
(10)
square feet in size.
Compliance.
Every person who obtains a permit under the
requirements of this section shall keep the permit,
approved plat or site plan and written permission of the
property
in
a
convenient
place
and,
whenever
owner
requested to do so, shall exhibit the same to any police
officer,
commissioner
agent
of
the
of
revenue
or
inspector for the department of pcrmito and inopcctions
public works.
violation of any of the requirements of
this section shall constitute a Class 1 misdemeanor.
The
city manager or his designee shall revoke the permit
issued to any person pursuant to subsection (b) (4) upon
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his conviction of violating any of the provisions of this
section.
section 33-114.1. Removal, etc., of certain encroachments.
(a)
It shall be unlawful for any person to erect or maintain,
or to cause or allow to be erected or maintained, any sign, awning,
marquee or other like structure which encroaches, in whole or in
part, in, upon or over any public street, without first obtaining
authorization for such encroachment pursuant to the provisions of
this article.
For purposes of this section, the terms "person" and
"street" shall be defined in accordance with section 1-2 of this
Code.
(b)
Whenever the director of pcrmita ~nd inapcctiona public
works determines that there has been a violation of this section,
he shall give notice thereof to the owner or occupant of the
property to which the encroaching structure is affixed or appended,
stating the nature of the violation and ordering the removal of the
structure or the encroaching portion thereof within a reasonable
period of time specified therein.
Such notice shall be in writing
and shall be served upon the owner or his agent or the occupant,
and shall be deemed to be properly served upon such owner or agent
or upon such occupant if served upon him personally,
sent by
certified or registered mail to his last known address or the
address of the property to which the encroaching structure is
affixed or appended, posted in a conspicuous place in or upon such
property, or served by any other method authorized by the laws of
this State.
( c)
Failure to comply with the terms of such notice within
the time
specified therein shall be punishable as a Class
3
misdemeanor, and each day thereafter that the violation continues
shall constitute a separate offense.
In addition to any fine
imposed hereunder, the director may, in the name of the city, bring
legal action to enjoin the continuing violation of this section;
may remove or contract for the removal of any such encroachment, in
which event the cost thereof shall be charged to the owner or
occupant of the property and collected as real estate taxes are
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collected; and may, on behalf of the city, pending the removal of
any such encroachment or encroaching portion thereof, charge the
owner compensation for the use of such portion of the street at the
equivalent of the tax upon the land so occupied if it were property
of the owner.
(d)
Notwithstanding
no
provisions
the
this
section,
of
encroaching sign,
awning,
like structure
marquee or other
in
existence on the date this ordinance is adopted shall be required
to be removed or otherwise c'aused to ceased encroaching prior to
the expiration of twelve (12) months from the date of adoption of
this section.
Adopted by the Council of the City of Virginia Beach, Virginia
on the
23
, 1992.
June
day of
CA-4660
\ORDIN\PROPOSED\33-006ET.PRO
R-1
APPROVED AS TO CONTENTS
~W"
~\ -
~ENT
6
SIG :A.TU
~øtfC /;)£'K5
OEPARTMENT
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 37-68 AND
37-71 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO WATER SUPPLY.
6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7
BEACH, VIRGINIA:
8
That sections 37-68 and 37-71 of the Code of the City of
9
Virginia Beach, Virginia, are hereby amended and reordained to read
as follows:
section 37-68.
Definitions.
For the purposes of this article, the following words and
phrases shall have the meanings respectively ascribed to them by
this section:
Air Gap:
The unobstructed vertical distance through a free
atmosphere between the lowest perimeter of a water outlet and the
flood-level rim of any receptacle.
This distance will be a minimum
of two (2) times the diameter of the outlet.
In case of near-
walls, this distance will be three (3) times the diameter of the
outlet.
Auxiliary supply:
Any water source or system other than the
public water supply that may be available in the building or
premises.
Backflow:
The reversal of flow from its intended direction as
a result of backsiphonage or backpressure.
Bureau:
The bureau of sanitary engineering of the state
department of health.
contamination:
introduction
into
water
of
Any
pure
microorganisms, wastes, wastewater, undesirable chemicals or gases.
Cross-connection:
Any physical connection between a potable
water supply and any waste pipe, soil pipe, sewer, drain or any
unapproved source or system; also, any potable water supply outlet
which is submerged or can be submerged in waste or other source of
contamination.
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Director:
The director of pcrlRitD and inDpcctionD public
works of the city and his designated agents.
Double-check
assembly
two
(2)
valve
An
of
assembly:
internally loaded, specially designed and independently operating
check valves with a tightly closing shut-off valve on the upstream
and the downstream side of the check valves, equipped with properly
placed female threaded test cocks.
Existing ground level:
The level above which surface water
will not accumulate under normal conditions.
Flood-level rim:
The top edge of the receptacle over which
water could overflow.
Hazard:
Any condition, device or practice in the water usage
system and its operation which creates or, in the judgment of the
director, may create a danger to the health and well-being of the
water consumer.
OWner:
The person in charge, care and control of the property
and the tenant or customer who signed the water service agreement.
Pollution:
The presence of any foreign substance (chemical,
physical, radiological or biological)
in water, which tends to
degrade its quality so as to constitute an unnecessary risk or
impair the usefulness of the water.
Reduced pressure principle backflow preventer: An assembly of
differential valves and check valves, including an automatically
opened
spillage
to
prevent
designed
port
to
the
atmosphere,
backflow, incorporated with a tightly closing shut-off valve on the
upstream and the downstream side of the check valves, equipped with
properly placed female threaded test cocks.
RP device: A "reduced pressure principle backflow preventer,"
as defined above.
service connection:
The terminal end of a service line from
the waterworks.
If a meter is installed at the end of the service,
then the service connection means the downstream end of the meter.
service line:
That portion of the water
I ine from the
consumer's side of the water meter to the first water outlet.
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Toxic:
Any substance of solids or liquids harmful for human
consumption.
Vacuum breaker, atmospheric:
A vacuum breaker designed so as
not to be subjected to continuous static line pressure.
Vacuum breaker, pressure type:
A vacuum breaker designed to
operate under conditions of static line pressure.
section 37-71.
General responsibilities of city and consumers as
to protection of water supply.
(a)
city,
recognizes
a
the
water
The
purveyor,
as
responsibility to provide its customers, at the service connection,
with safe,
foreseeable circumstances.
potable water under all
Thus, in the exercise of this responsibility, the city must take
reasonable precaution to protect the distribution system from the
hazards originating on the premises of its customers.
Such hazards
exist in cross-connections and potential cross-connections within
the water distribution system.
(b)
The consumer's responsibility starts at the point of
delivery from the public potable water system and includes all of
his water
at his own expense,
systems.
The consumer,
shall
install, operate, test and maintain approved backflow prevention
devices, as directed by the director of pcrmitû and inapcctiona
public works.
It shall be the duty of the consumer to have such
devices inspected at least once a year or more often,
in those
instances where
successive
inspections
indicated.
These
are
inspections will be made by a certified tester of the city or other
qualified person approved by the director.
The consumer shall
maintain accurate records of tests and repairs made to backflow
prevention devices
and provide the
city with
copies
of
such
records.
The records shall be on forms approved or provided by the
city.
In the event of accidental pollution or contamination of the
public or consumer's potable water system, due to backflow on or
from the consumer's premises, the owner shall promptly take steps
to confine further spread of the pollution or contamination within
the consumer's premises, and shall immediately notify the city of
the hazardous condition.
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..
, "
Adopted by the Council of the City of Virginia Beach, Virginia
on the
23
, 1992.
June
day of
CA-4661
\ORDIN\PROPOSED\37-068ET.PRO
R-1
APPROVED AS TO CONTENTS
4 tÍSI~"
Æ~ä? ~O~K'
DEPARTMENT
APPROVED AS TO FORM
kYJ rtf¡U r; Ittik4Wt{fr'--
SIGNATURE
A~í CITY A TTn:;>~IFV
4
- 29 -
Item V-H.le.
I
,
ORDINANCES
ITEM # 35760
Upon rotion by Counci Iman Heischober, seconded by Vice Mayor Fentress, City
Counc i I ADOPTED:
*Ord i nance to Amend and Reorda i n Art i c I es I I and
III of Chapter 30 of the City Code, pertaining to
Soi I Removal and other Land-Disturbing Activities.
(*Th is Ord i nance CONSOLI DATES the Ord i nance to
AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia re Sections 30-37, 30-40, 30-41,
30-57, 30-59, 30-61, 30-71, 30-73 and 30-74 re soi I
removal and other land disturbing activities;
AND,
Ordinance to AMEND and REORDIAN Article II of
Chapter 30 of the City Code, pertaining to borrow
pits.)
The fencing requirement was restored in Council's
action of Item #35774, Page 44).
Voting:
9-1
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
Reba S. McClanan
Counci I Members Absent
Lou ¡sR. Jones
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AN ORDINANCE TO AMEND AND REORDAIN
ARTICLES II AND III OF CHAPTER 30 OF
THE CITY CODE, PERTAINING TO SOIL
REMOVAL AND OTHER LAND-DISTURBING
ACTIVITIES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 30 of the Code of the city of Virginia Beach,
pertaining to soil removal and other land-disturbing activities,
be,
and hereby is,
amended and reordained,
and shall read as
follows:
ARTICLE II.
BORROW PITS
DIVISION 1.
GENERALLY
Section 30-16.
Definition.
For the purpose of this article, the term "borrow pit" means
any operation involving the breaking or disturbing of the surface
soil or rock, where the primary purpose of the operation is to
facilitate or accomplish the extraction or removal of sand, soil,
gravel, fill or other similar material (rather than to produce thû
hole from \.hich the material comeo) and to tranoport the material
or cauae it to be tranoported off the oite of the borrou pit
eperation.
Specifically exempt from this definition are the
following:
(1)
Any
excavation
for
roads,
drainage.
stormwater
manaqement
facilities
similar
features
or
necessarily incidental to and in accordance with
the approved construction plans for a residential
subdivision or other similar development activity,
even though the excavated material may be hauled
offsite or sold.
(2)
Any excavation for the sole purpose of conducting a
bona fide agricultural operation,
including, but
not limited to, excavations to improve drainage,
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provide watering facilities for livestock or create
a holding lagoon for animal waste.
(3 )
Any excavation which is
less than ten thouDand
(10,000) Dquare feet one acre in area and less than
e~9afld (1,000) cubic yards five (5) tons in
volume.
(4)
trench,
Any
ditch
hole
for
utility
lines,
or
drainage
pipes
other
similar
public
or
works
facilities or projects where the excavation is in
accordance with the approved construction plans.
Section 30-17.
violations of article.
Any perGon violating violation of any of the provisions of
this article shall be guilty of a ClaGG 3 misdemeanor punishable by
a fine in an amount not to exceed one thousand dollars ($1.000.00)
or by confinement in iail for a period not to exceed one (1) year.
either or both. .
Section 30-18.
Permitted only in appropriate zoning districts.
Borrow pits shall be allowed only in those Boning diDtricts
uhere
permitted
by
provided
in
as
the
comprehenDive
Boning
ordinance city Zoninq Ordinance.
Scotion 30 18.1.
Reg'istration of oxisting' e]loa9-lations
which borrow material is sold.
from
( a)
within Dixty (60) daYD after AUgUDt 25, 1980, the o~~ner
of record of any excavation in the city from which material is
being Dold aD borrou material shall cause to be filed with the
director of public \ior]co the follmdng information:
(1)
An identification plat, prepared by an engineer or
land Durveyor certified by the commom.ealth, dra~m
to a Dca Ie of not leDD than one inch equalD two
hundred
(200)
feet
and
Dubmitted
in
five
(5)
copieD.
(2)
The number of aores that have been excavated and
the number to be excavated.
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97
( 3 )
(4)
(5)
(6)
(7)
(8)
T~umber
cubic
of
remaining
yard a
to
be
e}{cavated.
Date of inception of operation.
Ordinance or authority under which the e}{cavation
ia being conducted.
Name of the owner of the land.
Name of the operator of the e}{cavation.
To~Faphic section of the exiating pit.
(b)
Failure to comply ~ith the requirementa of thia section
ahall
operate
previously granted under thia article.
Section 30-19.
automatically
to
cancel
excavation
permit
any
site Inspections.
The department of public works shall periodically inspect the
article to
sites of excavations
issued under this
for which permits are
required by the city council, are being complied with.
insure that this article and other provisions,
as
Section 30-20.
Fee for removal of material.
The owner or operator of each excavation in the city shall pay
to the city, semiannually, a fee of fourteen cents
( $ 0 . 14 ) per
cubic yard of material removed from the permitted site during the
preceding semiannual period.
volume
rather
The fee shall be based on loose
than
bank volume.
At
the
completion
of
each
semiannual period, the owner of such excavation shall cause to be
filed with the director of public works a statement certifying the
number of cubic yards of material removed from the aFea permitted
site undergoing excavation during the preceding six
period, in order that the appropriate fee may be assessed by the
(6)
month
commissioner of revenue.
Cross-sections shall be required to be
submitted annually,
prepared by a certified engineer or
land
surveyor, unless waived by the department of public works.
Sections
30-21, 30-22.
Reserved.
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Section 30-23.
Fencing.
Where deemed necessary by the director of public works, the
holder of a permit issued under this article shall be required to
erect a chain link type fence around the perimeter of the area to
be excavated or being excavated.
Such fence shall be erected to a
height
six
of
(6)
feet
and
shall
completely
encircle
such
excavation.
All gates and other entrances shall be kept locked at
all times when not in use.
Sections 30-24 through 30-26.
Reserved.
Section 30-27. Slope of banks.
All slopes around the edge of excavated areas shall be left
with a slope no greater than three (3) feet horizontal to one foot
vertical, except that the director of public works may authorize a
slope of one foot horizontal to one foot vertical from a depth of
fourteen
(14)
feet below the elevation of the designed water
surface of borrow pits that will be excavated to a depth greater
than twenty (20) feet.
Section 30-28. Abandonment of pit.
No pit shall be abandoned unless the owner has requested a
final inspection from the department of public works, has submitted
a final "as built" plat drawn by a certified engineer or land
surveyor and has received a final release, in writing, from the
director of public works, at which time the surety on the bond
filed pursuant to section 30-40 shall be released.
Section 30-29. Bottom of excavated area to be left in level state;
topsoil restoration and planting.
(a)
The
bottom
of
all
excavated
inundated
areas.
or
otherwise. shall be left in a level state regardleaa of uhether
inundated or not.
(b)
Topsoil restoration and planting shall be in conformance
with the City of Virginia Beach erosion and sediment control
requirements and specifications.
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section 30-30. Incorporation of requlations. etc.
The provisions of Article 2 of Title 45.1 of the Code of
Virqinia.
as
amended.
and of the Mineral Mining Requlations.
Revegetation Guidelines and Drainage Handbook promulqated by the
Virqinia Department of Mines. Minerals and Energy. and any future
amendments thereto. are hereby incor~orated by reference into this
article. as if fully set forth herein.
sections 30-31 through 30-35.
Reserved.
DIVISION 2.
PERMIT.
section 30-36. Required; conditional use permit prerequisite to
issuance.
( a)
It shall be unlawful for any person to operate a borrow
pit
without
first
obtaining
excavation
permit
from
the
an
department of public works and a mininq permit from the Virqinia
Department of Mines. Minerals and Enerqy.
(b) The department of public works shall not issue an
excavation permit for any proposed excavation for which a
conditional use permit has not been granted by the city council.
Section 30-37.
Application generally.
After approval by the city council of a conditional use permit
for a borrow pit, the owner of record shall cause to be filed with
the department of public \lorks planning an application for an
excavation permit.
The application fee shall be fifty dollars
($50.00) .
The application shall include the following:
(1)
The name and address of the owner of the property
affected.
(2)
The names and addresses of owners of all property
abutting
the property
for which the
excavation
permit is sought.
(3)
If the applicant or owner is a corporation, the
names and addresses of its corporate officers and
registered agent.
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(4)
An aerial photograph of the area to be excavated,
163
with
the
boundaries
of
such
area
clearly
164
delineated.
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(5)
A copy of the current recorded surveyor plat, if
166
available,
prepared
by
an
engineer
or
land
167
surveyor, certified by the commonwealth, and drawn
168
to a scale of not less than one inch equals two
169
hundred (200) feet, submitted in five (5) copies.
170
(6)
The
boundaries
of the area
to be excavated by
171
courses and distances.
172
(7)
The
current
field
topography,
including
the
173
location of all water courses.
174
(8)
The means of vehicular access to the proposed
excavation.
A cross section of any banks or walls to be
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(9)
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established through the process of excavating.
178
(10) The number of cubic yards to be excavated.
179
(11) The areas proposed for the storage of overburden
180
and other spoil during the process of excavating.
181
(12) The
proposed
date
on
which
excavating
will
182
commence, the proposed date on which the excavation
183
will be completed and the proposed date that all
184
required restoration measures are to be completed.
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(13) The location of all haul roads leading to public
186
streets and highways within the area.
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(14) A statement listing the public streets and highways
188
to be used as haul routes.
189
(15) The
location
of
all
test
wells
and
depth
of
190
borings, where required, which shall be within the
191
setback requirements of this article.
The location
192
of test wells adjacent to residential areas shall
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be subject to approval of the department of public
194
works.
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(16) An erosion and sedimentation control plan.
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(17) A statement of the methods to be used to maintain
or repair any public street or highway to be used
for hauling purposes.
The department of public
works
shall
determine
the
acceptability of
the
methods proposed by the applicant and,
if deemed
necessary, shall require the posting of a bond to
insure against road damage due to the hauling.
~ A statement of the source of the leqal riqht of the
applicant to enter and conduct operations on the
land proposed to be covered bY the permit.
íl2l A COpy of the mininq permit issued by the Virginia
Department of Mines, Minerals and Enerqy.
Section 30-38.
Restoration plan to accompany application.
Each application for a permit under this division shall be
accompanied by a plan for the restoration of excavated areas.
Such
plan shall include the following elements:
(1)
General plan for restoration.
A general land use
plan
for
the
parcel
of
property
wherein
the
excavation will be conducted shall be prepared.
This plan shall be in the form of an overlay for
the aerial photograph required by section 30-37.
It shall show the areas to be left in an inundated
state,
the proposed pattern of
land use around
inundated areas and all areas where supplementary
planting is to be carried out.
(2)
Restoration contour plat.
A restoration contour
plat shall be prepared on the same basis as the
identification plat required by section 30-37.
It
shall show the proposed topography of the parcel of
land that will be excavated for a distance of at
least two hundred (200) feet from the edge of all
excavated areas or to all external property lines
that are within two hundred
(200 )
feet of such
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area. Such contour plat shall have a contour
interval of two (2) feet or less.
(3) Description of restoration methods for renewal of
topsoil
replanting.
and
A description
of
the
methods and materials proposed for restoration of
all
that
inundated
not
areas
shall
be
are
submitted.
It shall specify the amount and type of
planting,
the depth to which topsoil
is to
be
spread and the amount of fertilizer to be applied.
l.li
information
other
Any
required
the
Mineral
bY
Mining
Regulations
promulqated
the
Virqinia
by
Department of Mines. Minerals and Enerqy.
Section 30-39. Reserved.
Section 30-40. Applicant's bond.
(a)
After review and approval of an application for a permit
under this division, the owner of record of the premises involved
shall
cause to be
filed with the department of public 'iOr]rs
planning a surety bond issued by a duly licensed bonding company
authorized to do business
in the state.
Such bond shall be
conditioned on faithful compliance with the requirements of this
article and shall be in an the amount of not more than one thousand
dollars ($1,000.00) nor lesD than five hundred dollars ($500.00)
for each acre or part thereof of the permitted site to be excavated
disturbed.
(b)
The amount of the bond, within the limits prescribed in
subsection (a) above shall be based on costs associated with an
approved restoration plan, as required by this division.
(c)
Upon acceptance of the bond provided for in this section
by the department of public \lorks planning, the owner shall be
exempt from posting any bond for erosion and sedimentation control
in connection with the operation covered by the bond, but shall not
be exempt from submitting an erosion and sedimentation control
plan, as required by this chapter.
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(d)
The bond provided for in this section shall be filed
prior to the issuance of an excavation permit under this division.
Such bond shall not be released until all provisions of this
article are complied with.
Section 30-41.
Issuance.
After the filing and acceptance of the bond provided for in
section 30-40, the director of public workG planning shall notify
the city engineer director of public works, in writing, to issue
the excavation permit and cause surveillance of the work as it is
performed.
Section 30-42. Transfer.
No permit issued under this division shall be transferred to
another person without approval by the department of public works.
Such approval shall be granted in the same manner as for original
applications for permits.
section 30-43. Voidance when conditional use permit becomes void.
In the event that the conditional use permit becomes void
before being activated, as provided in section 220(g) 221 of the
€emprehenoive city Zoning Ordinance, the excavation permit issued
under this division shall also become void.
Section 30-44. Expiration; extension.
An excavation permit henceforth issued under this division
shall expire five (5) one (1) years from the date of issuance.
Excavation permits issued prior to the date of adoption of this
ordinance shall expire one year from the date of adoption of this
ordinance.
If the The holder of the permit haG not cxceeded the
quantitieo
ûuthoriaed by the permit,
he may thereafter
apply
annually
to
the
department
public
of
'forks
planning
for
an
extenGion of time,
a renewal of the permit
by providing the
following information:
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ill
A renewal
map meetinq
requirements
the
of
the
Mineral Mining Requlations of the Department of
Mines, Minerals and Eneray or, if there have been
no chancres in the area covered by the most recent
map, a notarized statement to such effect.
(~~) Cross sections submitted by an engineer or land
surveyor,
certified by the commonwealth,
showing
the amount of excavation from the borrow pit.
(~d) Verification from the commissioner of revenue that
the
of
the
property
paid
has
owner
fees
for
material previously excavated.
Sections 30-45 thr. 30-55.
Reserved.
ARTICLE III.
EROSION AND SEDIMENT CONTROL AND TREE PROTECTION
DIVISION 1.
GENERALLY
Sec. 30-56.
Findings of Council.
The city council has determined that the trees and the lands
and waters comprising the watersheds of the city are great natural
resources; that as a result of erosion of lands by both winds and
water and sediment deposition in waters within the watersheds of
the city, such waters are being polluted and despoiled to such a
degree that that fish, acquatic aquatic life, recreation and other
uses of lands and waters are being adversely affected; that the
rapid shift in land use from agricultural to nonagricultural uses
has accelerated the processes of soil erosion and sedimentation and
tree removal; and that it is necessary to establish and implement,
through the division of engineering of the department of public
'fwrko
planninq,
city-wide
coordinated
a
erosion
and
sediment
control program to conserve and protect the land, water, air, trees
and other natural resources of the city.
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355
Section 30-57. Definitions.
As used in this article, the following words and terms shall
have the meanings ascribed to them in this section, unless the
context requires a different meaning:
Applicant means any person submitting an erosion and sediment
control plan for approval or requesting the issuance of a permit,
when required, authorizing land-disturbing activities to commence.
Conservation plan,
erosion and sediment control
and
tree
protection plan, or plan means a document containing material for
the conservation of trees and of soil and water resources of a unit
or group of units of land.
It may include appropriate maps, an
appropriate soil and water and tree plan inventory and management
information with needed interpretations, and a record of decisions
contributing to conservation treatments.
The plan shall contain
all major conservation decisions to assure that the entire unit or
units of land will be so treated to achieve the conservation
objectives.
District or soil and water conservation district means the
city
Virginia
of
Beach,
political
subdivision
a
of
this
commonwealth.
Erosion impact area means an area of land not associated with
current land-distributing activity but subject to persistent soil
erosion resulting in the delivery of sediment onto neighboring
properties or into state waters.
This definition shall not apply
to any
lot or parcel
of
land of one acre or
less used
for
residential purposes or to shorelines where the erosion results
from wave action or other coastal processes.
Land-disturbing activity means any land change which may
result in soil erosion from water or wind and the movement of
sediments into state waters or onto lands in the city, including,
but not limited to, clearing, grading, excavating, transporting,
and filling of land, except that the term shall not include:
(1)
Minor
land-disturbing
activities
such
as
home
gardens and individual home landscaping,
repairs
and maintenance work;
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359
360
361
362
363
(4)
364
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366
367
(5)
(6)
368
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(7)
372
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377
378
379
(8)
380
381
382
(9)
383
384
385
386
387
388
(2)
(3)
Individual service connections;
Installation,
maintenance
repair
of
or
any
underground public utility lines when such activity
occurs on an existing hard surfaced road, street or
sidewalk, provided the land-disturbing activity is
confined
to
the
of
the
road,
area
street
or
sidewalk which is hard surfaced;
Septic
tank
lines
drainage
fields,
or
unless
included in an overall plan for land-disturbing
activity
relating
to
the
construction
of
the
building to be served by the septic tank system;
Surface or deep mining;
Exploration or drilling for oil and gas, including
the well site,
roads,
feeder lines and off-site
disposal areas;
Tilling,
planting or harvesting of agricultural,
horticultural or forest crops or livestock feedlot
operations,
including
engineering
operations
as
follows: construction of terraces, terrace outlets,
check
dams,
desilting
basins,
dikes,
ponds,
ditches, strip cropping, lister furrowing, contour
cultivating, contour furrowing, land drainage and
land irrigation;
Repair or rebuilding of the tracks, right-of-way,
bridges, communication facilities and other related
structures and facilities of a railroad company;
Agricultural engineering operations including but
not
limited
terraces,
to
the
construction
of
terrace
outlets,
check
dams,
desilting
basins,
dikes, ponds not required to comply with the Dam
Safety
Act,
ditches,
strip
cropping,
lister
furrowing, contour cultivating, contour furrowing,
land drainage and land irrigation;
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(10) Preparation for single-family residences separately
built,
unless
in
conjunction
with
multiple
construction in a subdivision development;
(11) Disturbed land areas of
less than ten thousand
(10,000)
in size,
square feet
except when this
activity takes place in any floodplain area,
as
defined in the zoning ordinance; (Cross reference-
Zoning Ordinance, App. A.)
(12) Installation of fence and sign posts or telephone
and electric poles and other kinds of posts or
poles;
(13) Shore erosion control projects on tidal waters when
the projects are approved by the Wetlands Board of
the city of Virginia Beach, the Marine Resources
Commission or the U.S. Army Corps of Engineers;
(14) Emergency work to protect life,
limb or property
and
repairs;
emergency
however,
if
the
land-
disturbing activity would have required an approved
erosion and sediment control and tree protection
plan, if the activity were not an emergency, then
the
land
disturbed
area
shall
be
shaped
and
stabilized in accordance with the requirements of
the city engineer.
Local erosion and sediment control program or local control
program means an outline of the various methods employed by a
district or locality to regulate land-disturbing activities and
thereby minimize erosion and sedimentation in compliance with the
state program and may include such items as local ordinances,
policies
guidelines,
and
technical
materials,
inspection,
enforcement, and evaluation.
OWner means the owner or owners of the
freehold of the
premises
lesser
estate therein,
or
a mortgagee
or
vendee
in
possession, assignee of rents, receiver, executor, trustee, lessee
or other person, firm or corporation in control of a property.
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Permittee means the person to whom the permit authorizing
land-disturbing activities is issued or the person who certifies
that
the
approved
erosion and
sediment
control
plan will
be
followed.
Person means any individual, partnership, firm, association,
joint
venture,
public
private
corporation,
or
trust,
estate,
commission,
board,
public
private
institution,
or
utility,
cooperative, county, city, town or other political subdivision of
the commonwealth, any interstate body or any other legal entity.
Plan-approving authority means the director of development
oervices planning or his designee, based upon the city engineer's
determination of the adequacy of a conservation plan submitted for
land-disturbing activities on a unit or units of land.
state erosion and sediment control program or state program
means the program administered by the Virginia soil and water
conservation board pursuant to sections 10.1-560 through 10.1-571
of the Virginia Code, including regulations designed to minimize
erosion and sedimentation.
state waters means all waters on the surface and under the
ground wholly or partially within or bordering the commonwealth or
within its jurisdiction.
Subdivision means the same as the term is designated within
section 1.2 of Appendix B of the Code of the City of Virginia
Beach.
The term includes resubdivsion and, when appropriate to the
context, shall relate to the process of subdividing or to the land
subdivided.
Section 30-59. Approved plan required for issuance of grading,
building, or other permits; security for
performance.
(a)
Prior to the issuance of any grading, building or other
permit for activities involving land-disturbing activities,
the
applicant shall submit with his application an approved erosion and
sediment control plan and certification that the plan will be
followed.
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(b)
Prior to the issuance of any grading, building, or other
permit for activities involving land-disturbing activities the
director of development oervices planning shall require from the
applicant therefor a reasonable performance bond with surety, cash
escrow, letter of credit, any combination thereof, or such other
legal arrangement acceptable to the city attorney, to ensure that
measures could be taken by the city at the applicant's expense
should he fail, after proper notice, within the time specified to
initiate or maintain appropriate conservation action which may be
required of him by the approved plan as a result of his land-
disturbing activity.
If the city takes such conservation action
upon such failure by the permittee, the city may collect from the
permittee for the difference should the amount of the reasonable
cost of such action exceed the amount of the security held.
Within
sixty (60) days of the achievement of adequate stabilization of the
land-disturbing activity, such bond, cash escrow, letter of credit
or
other
or the unexpended or unobligated
legal
arrangement,
portion thereof, shall be refunded to the applicant or terminated.
These requirements are in addition to all other provisions of law
relating to the issuance of such permits and are not intended to
otherwise affect the requirements for such permits.
Section 30-61. Program administration, plan review and inspection
fee.
At the time an erosion and sediment control plan is submitted,
a fee not exceeding one thousand dollars ($1,000.00) shall be paid.
The director of development oervices planninq or his desiqnee may
determine the amount of fee based upon the anticipated costs
associated with the issuance of grading or land-disturbing permit,
plan review, and anticipated periodic inspection for compliance
with the erosion and sediment control plan.
Such fee shall be
submitted to the director of development oerviccs planninq and made
payable to the treasurer of the City of Virginia Beach.
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Section 30-71. Regulated land-disturbing activities;
and approval of control plan.
submission
Except as provided in section 10.1-564 of the state Code
(state
projects),
agency
no
in
person may
engage
any
land-
disturbing activity until he has submitted to the office of the
city engineer planninq department an erosion and sediment control
and tree protection plan for the land-disturbing activity and the
plan has been reviewed and approved by the office of the city
engineer planninq department.
Where land-disturbing activities
involve lands under the jurisdiction of more than one local control
program an erosion and sediment control plan may, at the option of
the
applicant,
be
submitted
to
the
Virginia
soil
and
water
conservation board for review and approval rather than to each
jurisdiction concerned.
Section 30-73. Approval or disapproval.
(a)
The office of the city engineer planning department shall
review
conservation
plans
submitted
it
to
and
grant
written
approval within forty-five days of the receipt of the plan if it
determines that the plan meets the requirements of the Virginia
soil and water conservation board's regulations and if the person
responsible for carrying out the plan certifies that he will
properly perform the conservation measures included in the plan and
will conform to the provisions of this article.
(b)
When a plan is determined to be inadequate,
written
notice of disapproval stating the specific reasons for disapproval
shall be communicated to the applicant within forty-five (45) days.
The notice shall specify such modifications, terms, and conditions
that will permit approval of the plan.
If no action is taken by
the plan-approving authority within the time specified above, the
plan shall be deemed approved and the person authorized to proceed
with the proposed activity.
Section 30-74. Changing approved plan.
An approved plan may be changed by office the of the city
engineer the planninq department in the following cases:
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537
(1)
inspection has revealed that the plan is
Where
inadequate to satisfy applicable regulations; or
(2)
Where the person responsible for carrying out the
approved
finds
changed
plan
that
because
of
circumstances or for other reasons the approved
plan
effectively
cannot
be
carried
out,
and
proposed amendments to the plan,
consistent with
the requirements of this article, are agreed to by
the
city
the
engineer
planning
department
and
person responsible for carrying out the plan.
Adopted by the city council of the City of Virginia Beach on
23 JJ.tn~1
the
day of
, 1992.
CA-4524
\ORDIN\PROPOSED\CHAPTR30.PRO
R-3
17
- 30 -
Item V-H.2.a/b/c/d/e/f
ORDINANCES
ITEM # 35761
Upon motion by Counci I man Heischober, seconded by Counci Iman Sessoms, City
Cou nc i I ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia, as it pertains to the
Subdivision Ordinance:
Section 1.1
Section 2.1
Section 3.2
Section 3.3
Sect i on 4. 1
Section 4.3
re street
re submittal, approval and
re conditional preliminary
re approval of final plat
re streets and alleys
re blocks
recording of plats
plat approval
Voti ng:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou ¡sR. Jones
- 31 -
I tem V-H. 2. g/h
ORDINANCES
ITEM # 35762
Upon mot i on by Cou nc i I man He ¡schober, seconded by Cou nc i I man Sessoms, City
Counc i I ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the City of
Vi rg in i a Beach, Vi rg i n i a, as it perta i ns to the
Subdivision Ordinance:
Section 6.1 re preliminary plats and data
Section 6.3 re final plats and data.
Voting:
8-2
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Counci I Members Absent
Lou ¡sR. Jones
1..- ~ '17
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 1.1,2.1,3.2,
3 . 3 , 4 . 1, 4 . 3 , 6. 1 AND 6. 3 OF
THE SUBDIVISION ORDINANCE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7
BEACH, VIRGINIA:
8
That sections 1.1,2.1,3.2,3.3,4.1,4.3,6.1 and 6.3 of the
9
Subdivision Ordinance of the city of Virginia Beach, Virginia, are
hereby amended and reordained to read as follows:
section 1.1.
street.
A vehicular way (which may also serve, in part, as a way for
pedestrian and bicycle traffic) whether called street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, land,
plaqe, alley, mall, bikeway or otherwise designated.
(a)
Arterial or major streets or highways are used by or
designated primarily for fast or heavy traffic, and for the purpose
of these regulations shall be considered to be as shown in any
comprehensive plan or element thereof designating such arterial or
major streets or highways officially adopted by city coancil.
(b)
Collector streets are used primarily to carry traffic
from minor streets to arterial or major streets or highways.
(c)
Minor streets are used primarily for access to abutting
properties,
include
marginal
which
and
streets,
access
are
generally parallel and adjacent to arterial streets or highways,
serve abutting properties and provide protection from friction with
through traffic.
(d)
Marginal
access
are used to
separate
local
streets
traffic from through traffic on an adjacent thoroughfare and to
provide controlled ingress to and egress from through traffic.
(e)
Alleys are minor ways used primarily for vehicular access
to the rear or side of properties otherwise abutting a street.
(f)
Bikeways are any road, path, or way which in some manner
is
bicycle
travel,
specifically designated
being
open to
as
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regardless of whether such facilities are designated for the
exclusive
bicycles
are
shared
by
other
to
be
of
or
use
transportation modes.
l.gl
Planning Director.
The director of the department of
planninq or his designee.
section 2.1.
submittal, approval, and recordinq of plats.
After the effecti ve date of this ordinance,
the owner or
proprietor of any tract who desires to subdivide it shall submit a
plat to the planning department director, which who is hereby
charged with the responsibility for coordinating the processing of
such plats.
If and after a final plat has been approved by the
planning director and other affected agencies as conforming to
regulations relating to subdivisions, the owner or proprietor may
cause it to be recorded with the clerk of the circuit court of the
city.
section 3.2.
conditional
plat
preliminary
Procedure
approval.
for
(a)
The subdivider shall cause to be prepared a preliminary
plat with other material required as set forth in section 6, and
shall submit Deven (7) copieD such number of copies as the planninq
director shall require thereof to the planning department director
for processing and referral to affected agencies, together with an
application for approval and such fee as is established by city
council
processing
Time
subdivision
in
relation
plats.
to
limitations in relation to such processing shall begin as of date
of receipt for the preliminary plat,
application and fee as
indicated on such documents when they are received by the planning
department director.
(b)
After the preliminary plat and related material has been
submitted it shall be reviewed by the planning department director
and other affected agencies of the city for conformity to this
ordinance and other applicable regulations, and negotiations made
with the subdivider as to changes deemed advisable and the kind and
68
extent of improvements to be made by him.
The planning department
69
director shall act upon the preliminary plat and related material
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as submitted or as modified by the subdivider, and if approved
shall certify its approval as conditional approval and state the
condi tions of such approval,
if any,
or if disapproved,
shall
indicate its disapproval and the reasons therefor.
(c)
The action of the planning department director shall be
noted on all copies of the preliminary plat to be retained in the
record,
referenced and attached to any changes or conditions
determined.
One such copy shall be returned to the subdivider, and
others retained as required for records or further action of the
department or other affected agencies of the city.
(d)
Conditional approval of a preliminary plat shall not
constitute approval for the final plat, but shall be deemed an
expression of approval of the layout submitted on the preliminary
plat and other matters determined in connection therewith which
shall serve as a guide in preparation of the final plat to be
submitted for final approval for recording upon fulfillment of the
requirements
this
ordinance
conditions
of
and
the
of
the
conditional approval, if any.
Such approval of the preliminary
plat shall be valid for a period of one hundred eighty (180) days
and may be extended by the planning department director.
Unless
the final plat is submitted within one hundred eighty (180) days or
such extended period as may be allowed, the conditional approval
shall be void.
section 3.3.
Procedure for approval of final plat.
(a)
The final plat and other exhibits required for approval
shall be prepared as specified in section 6 and submitted to the
planning department director within the time limit specified in the
conditional approval of the preliminary plat, or such extension as
may
be
planninq
Where
director.
granted
by the
department
provision has been made for staged development in connection with
conditional
of the preliminary plat,
including time
approval
limitations, the subdivider may submit a final plat for only that
portion of the approved preliminary plat which he proposes to
record and develop at the time, if such portion conforms to all
requirements of these regulations.
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(b)
Such number and tv~e of copies as the planninq director
shall require of ~~he final plat shall be submitted for approval~
on an approved durable tracing medium and copieD required for city
proceDDing will be prepared by the city, \¡ith the original tracing
returned to the Dubdivider or hiD agent.
Copies of other materials
required for approval shall be provided by the subdivider, in such
numbers as may reasonably be required in the case.
(c)
Upon submittal of the final plat and other materials
required with the application for final approval, the department
planninq director shall initiate and coordinate review by affected
agencies of the city to determine:
(1)
Substantial compliance with the preliminary plat
and any conditions of the conditional approval
thereof.
(2)
General compliance with the regulations set forth
herein, and other applicable regulations.
Such review shall be completed within sixty (60) days of submittal
(or such longer period as may be agreed upon in writing by the
subdivider and the department) and within such time, the final plat
and related materials shall be approved or disapproved.
Approval
shall be in the form provided in section 6.
Disapproval shall
include written reasons therefor.
In the event that action is not
taken within sixty (60) days, recourse shall be provided by law.
(d)
Approval of the final plat shall be void:
(1)
the approved plat
is
in the
recorded
Unless
office of the clerk of the circuit court of the
city within one year from the date of approval.
(2)
there
additions,
deletions
or
If
are
any
alterations in the original tracing following
approval,
for
marking
to
incidental
except
recording.
section 4.1.
streets and alleys.
(a)
Arrangement, character, extent, width, grade and location
of all streets shall conform to the comprehensive plan insofar as
elements of the plan relating to streets have been officially
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adopted by city council, and shall be considered in their relation
to existing and planned streets, topographical conditions, public
conveniences and safety, and appropriate relation to the proposed
uses of land to be served by such streets.
(b)
Where
not
indicated
in
comprehensive
plan,
the
arrangement of streets in a subdivision shall either:
(1)
Provide
continuation
appropriate
for
or
projection
existing
arterial
or
collector
of
streets in surrounding areas; or
(2)
topography
other
conditions
make
Where
or
continuous
projection
existing
streets
or
of
unnecessary or impracticable shall conform to a
general
plan
approved
the
planning
by
area
commission.
(c)
Minor streets in residential neighborhoods shall be so
laid out that their use by through traffic will be discouraged.
(d)
Where [a] subdivision abuts or contains an existing or
proposed arterial street or other streets carrying heavy traffic,
the planning dcpartmcnt director may require marginal
access
streets, reversed frontage with screen planting contained in a
nonaccess reservation along the rear property line, deep lots with
rear service alleys,
including wider
or such other treatment,
pavement widths, as may be necessary for adequate protection of
residential or other properties and separation of local and through
traffic.
(e)
Where a subdivision borders or contains a railroad or
limited
highway
right-of-way,
planning
coIftfftiûDion
access
the
director may require a street approximately parallel to and on each
side of
such right-of-way and at such distance therefrom as
required for appropriate use of intervening land, if any, and as
determined with due regard for requirements of future approach
grades and grade separations.
(f)
Reserve strips controlling sole access to public streets
shall be prohibited unless their control is definitely placed in
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the city under conditions approved by the planning dcpartmcnt
director.
(g)
street jogs with centerline off-sets of less than one
hundred twenty-five (125) feet shall be avoided.
(h)
No street intersection shall include more than four (4)
approaches.
(i)
streets shall be laid out so as to intersect as nearly as
possible at right angles, and no street shall intersect another at
less
sixty
other
than
provided,
(60)
degrees;
however,
that
arrangements for smooth merging of traffic shall be permitted where
the total effect on the intersection is to reduce traffic hazards
and to provide for smooth traffic flow at the intersection as a
whole.
(j)
Property lines at the intersection of minor streets with
each other or with alleys shall be rounded with a minimum radius of
ten (10) feet.
Property lines at the intersection of alleys with
any street shall be rounded with a minimum radius of ten (10) feet.
Property lines at all other street intersections shall be rounded
with a minimum radius of twenty (20) feet.
(k)
A tangent at least one hundred (100) feet long shall be
introduced
arterial
between
and
collector
reverse
curves
on
streets.
(1)
When connecting street lines deflect from each other,
they shall be connected by a curve with a radius sufficient to
insure a sight distance adequate for visibility and safety, as
determined by the planning etaff director in consultation with the
city engineer after consideration of the character of the street
and the types and speed of traffic anticipated.
(m)
(1) street right-of-way widths shall be as specified in
officially adopted elements of the comprehensive plan relating to
streets.
Where not shown therein, pavement widths and right-of-way
widths for public streets shall be in relation to the proposed
density and/or the land use of the property adjacent to the roads
and within the parcel sought to be subdivided, but in no case, be
less than as follows:
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Minimum R/W
Width
(feet)
Minimum Paved
Width
(face to face
of curb
feet)
Arterial
Collector
Minor:
80
60
52
36
a.
Serving commercial
or industrial uses
60
36
b.
Serving residential
lots of 7,500 square
feet or more, or fewer
than 10 lots of less
than 7,500 feet on a
cul-de-sac, or 10
lots or more of less
than 7,500 square
feet where adequate
legal assurance has
been provided that
all required driveways
on lots served by
such street shall be at
least 18 feet wide
50
30
c.
Serving 10 or more
residential lots of less
than 7,500 square feet
60
36
d.
Serving townhouse lots
in the R-2.5 zoning
category
50 30
40 30
24 20
40 30
Marginal access
Alley
Residential cul-de-sac
Where curb and gutter is not required, minimum paved width, as stated above,
shall be measured from edge of pavement to edge of pavement.
(n)
Except in planned unit developments established under the
terms of the zoning ordinance,* public streets narrower than the
city's standard minimum widths as described in provision 4.1(m) of
this ordinance providing sole or primary access to two (2) or more
lots are permissible only where topographic conditions will not
permit public streets with widths as required above,
or where
reduction is necessary to achieve substantial protection of trees,
and only if all of the following requirements are met:
(1)
Such street shall serve not more than twenty (20)
dwelling units, each on a lot of at least fifteen
(2)
thousand (15,000) square feet.
Minimum width of the right-of-way for such street
*Cross reference--Zoning ordinance, App. A.
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shall be twenty (20) feet and may be required to
be increased if necessary for installation and
servicing of utilities outside the area of the
driving surface.
Minimum paved width shall be
eighteen (18) feet.
(3)
Maximum length shall not exceed five hundred
fifty
where
topographic
(550)
feet,
except
conditions require such greater length as may be
necessary.
(4)
Design,
location and improvement shall provide
for safe intersection with public streets, safe
passage of public service and emergency vehicles,
and protection of adjoining property.
(5)
Where such street is a cul-de-sac, it shall have
a
circular
accordance
with
in
turnaround
provision 4.1(p) of this ordinance.
(0)
Half-streets are prohibited, except where essential to
the reasonable development of the subdivision
in relation to
surrounding lands and where the planning department director finds
it practicable to require dedication of the other half when
adjoining property is subdivided.
Where a half street is adjacent
to a tract to be subdivided, the other half of the street shall be
platted within such tract at the time of its subdivision.
No
residence shall be constructed with sole access from a half street.
(p)
configuration
requires
Except
where
unusual
land
otherwise, cul-de-sac streets, designed to be so permanently, shall
not be longer than:
(1)
One thousand five hundred
feet to the
(1,500)
turnaround if serving low-intensity residential
uses (lot area per dwelling unit exceeding seven
(2)
thousand five hundred (7,500) square feet) or
One thousand (1,000) feet to the turnaround if
serving residential uses of higher intensity.
All cul-de-sac streets shall be provided at the closed end with a
circular turnaround having an outside roadway radius of at least
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321
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323
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326
327
forty (40) feet and a right-of-way radius of at least fifty (50)
feet, except where other forms of turnaround are approved by the
planning department director as conforming to standard practice.
(q)
street names shall be subject to approval by the planning
department director.
No name shall be used which duplicates or is
likely to be confused with the name of an existing street.
(r)
Unless other definite and assured provision is made for
service access, such as off-street loading, unloading and the like,
alleys shall be provided in commercial and industrial districts.
Alley
intersections
be
in
alignment
and
sharp
changes
shall
avoidable,
corners
shall be rounded to permit safe vehicular
movement.
Alleys which dead end against permanent barriers are
prohibited unless approved provision for turnaround is made at the
terminus.
(s)
The overall street plan for any subdivision must provide
access to the subdivision by a public street connected to the
existing road system of the city.
(t)
Bikeway location, type and width shall be as specified in
the Virginia Beach Master Bikeway Plan.
Section 4.3.
Blocks.
(a)
Lengths, widths and shapes of blocks shall be determined
with due regard to:
(1)
provision of adequate building sites suitable to
the special needs of the type of use anticipated.
(2)
Zoning
as
requirements
sizes
to
lot
and
dimensions.
(3)
Needs for convenient access, circulation, control
(4)
and safety of street and pedestrian traffic.
Limitations and opportunities of topography.
(b)
Block lengths shall not exceed one thousand eight hundred
(1,800) feet nor be less than four hundred (400) feet, except where
alternate designs are approved by the planning department director
as conforming to standard practice; provided, however, that any
such waiver shall be put into writing and include the reasons
therefor, and be made a part of the permanent application record.
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336
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338
339
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343
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345
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347
348
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351
352
353
354
355
356
357
358
359
360
361
(c)
Pedestrian walks not less than ten (10) feet wide shall
be required where deemed essential to provide circulation,
or
access to schools, playgrounds, shopping centers, transportation
and other community facilities.
Where such walks are provided they
shall
lighted
or
otherwise
located
be
and
fenced,
screened,
improved in such a manner as to provide security, tranquility and
privacy for occupants of adjoining property for users of the walk.
section 6.1.
preliminary plats and data--Generally.
The preliminary plat shall be at a scale of not less than one
inch equals one hundred (100)
feet, and may be of one or more
sheets as necessary.
The plat shall include or be accompanied by
the following:
(a)
Name of subdivision
(not duplicating the name of an
existing subdivision), names and addresses of owner(s) of
record, subdivider and person or firm responsible for
preparation of preliminary plat, date of drawing, number
of sheets, north point and scale.
(b)
A boundary surveyor survey of record, including map book
and page reference, locating and identifying adjacent or
abutting streets
(existing or platted),
subdivisions,
unsubdivided parcels, easements, water areas, and the
like, and all visible monuments.
(c)
Location and identification of existing features and
improvements
within
including
the
tract,
streets,
structures, water areas by type (including areas in marsh
or
subject
areas,
inundation),
to
frequent
wooded
easements,
installed
other
important
utilities
and
details.
Information on soil and subsoil conditions
shall be provided in the form and manner indicated in the
specifications of the department of public works.
Plats
of tracts abutting on or containing natural or artificial
bodies of water shall show the approximate high water
lines,
pierhead
lines
if
officially
bulkhead
and
established, and tip of bank and toe of slope.
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362
(d)
363
364
(e)
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366
(f)
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368
369
370
(g)
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372
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374
375
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377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
Location and identification of proposed uses within the
tract.
Location, identification and widths of proposed streets,
alleys and easements.
Location of proposed water mains, sanitary sewers, and
storm
basins,
of
with
indication
and
catch
sewers
proposals for disposal of surrounding drainage if other
than or in addition to storm drains.
Lot lines, with dimensions.
Where sewerage is to be
septic tanks or similar devices, percolation test results
may
be
required
or
for
each
lot
selected
lots
at
locations indicated by the director of public health.
Where groundwater levels or soil conditions may lead to
difficulties
with
septic
or
with
proposed
tanks
structures, the director of public health or the director
of public works may require test results on subsurface
soil and groundwater conditions for each lot or selected
lots indicated by such officials.
(h)
Location and dimension of all parcels proposed to be
dedicated or reserved for public use or common use by
occupants
subdivision,
or
with
of
the
conditions
restrictions, if any, of such dedication or reservation.
(i)
Private restrictions, if any, proposed to be included in
deeds.
(j)
Topographic map of a sui table scale and contour interval,
as determined by the director of public works, where a
grading
drainage
is
required
and
plan
by
the
specifications of the department of public works,
as
approved by the council for the City of Virginia Beach.
Vertical
control
shall
be based
Coast
and
on u.s.
Geodetic Survey Data "mean sea level" as established in
1969.
(k)
Location
graves
and
identification
existing
and
of
objects or structures marking a place of burial.
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397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
(1)
Where Chesapeake Bay Preservation Areas lie within a
subdivision, the preliminary plat shall, unless waived by
the ChcDapcakc Bay rrcDcrvation Arca Rcvicw Committcc
planninq
director,
delineate
boundaries
the
of
all
resource protection areas, resource management areas,
intensely developed areas and reserve sewage disposal
drainfield sites as required by Section
108 of the
Chesapeake Bay Preservation Area Ordinance.
section 6.3.
Final plats and data.
The final subdivision plat shall be prepared by a certified
civil engineer or land surveyor in ink on an approved durable
tracing medium at a scale of 1" = 100' unless a different scale is
approved by general rule for classes of cases or by the planning
director in a particular case.
All original tracings shall be
presented between the following sizes: 8~" x 11" and 18" x 24".
Lettering shall be no less than one-tenth inch or 2.54 mIn.
in
height.
Lettering and line weight shall be no less than. 050
inches or .3302 mIn.
Letter and line spacing for control pencil
drawings shall be no less than .050 inches and for ink drawings no
less than .040 inches.
When more than one sheet is required, all
sheets shall be numbered and of the same size, with match marks to
guide preparation if composite maps, and an index map on a sheet of
the same size as the sectional maps shall be filed, which shall
show, among other things, sectional map numbers, all lot and block
numbers, and street names.
In addition, a small scale location map
showing the property shall be required.
The final plat shall show
the following data,
and shall be completed and processed as
indicated:
(a)
Subdivision name, date plat was prepared, graphic scale
and north arrow.
(b)
A certificate endorsed by a certified civil engineer or
land surveyor indicating source of title of the owner of
the land subdi vided and place of record of the last
instrument in the chain of title.
When the plat is of
land acquired from more than one source, outlines of the
12
431
432
433
434
435
436
(c)
(d)
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
several tracts shall be indicated on the plat.
The
certificate shall further state that the subdivision is
entirely within lands owned by the subdivider and that
monuments shown on the plat have been put in place and
that their location and character are correctly shown.
Protective covenants in form for recording.
Each plat or deed of dedication to which the plat is
attached shall contain a statement as follows:
"The
platting or dedication of the following described land
(here insert correct description of the land subdivided)
is with the free consent and in accordance with the
desire of the undersigned (indicate owners, proprietors
and trustees, if any) . . ." This statement shall be signed
by
such persons
and acknowledged before
an officer
authorized to take acknowledgement of deeds.
When thus
executed and acknowledged, such plat, upon final approval
and in accord with other provisions specified herein,
shall be filed and recorded in the office of the clerk of
the circuit court of the city.
(e)
On the face of the plat, a place shall be prepared to
receive
signature,
with
the
date,
the
planning
of
director and other affected agencies, which signature,
when affixed, shall indicate approval of the final plat.
A place shall also be prepared to receive the signature
and seal for the clerk of the circuit court of the city.
All required signatures shall be in a durable ink.
(f)
All linear and angular dimensions for locating boundaries
of the subdivisions, lots, streets, alleys, public and
private easements.
Linear dimensions shall be expressed
in feet and hundredths of a foot.
Angular measurements
shall be expressed by bearings.
All curve data shall be
expressed by a curve table on the face of the plat, each
curve being tabulated and numbered to correspond with the
respective numbered curves shown throughout the plat.
Dimensions, both linear and angular, shall be determined
13
466
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468
469
470
471
472
473
474
475
476
477
478
479
480
(g)
(h)
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500
by an accurate control survey in the field which shall be
checked for closure and must balance and close within 1
to 10,000.
Horizontal control shall be based on the
Virginia Coordinate Grid system in a coordinate table
located on the face of the plat.
minus distance will be approved.
No plat showing plus or
Plan and profile sheets
shall be provided on all new streets and underground
utilities,
required
specifications
by
of
the
as
department
of public works
or department
of public
utilities, as approved by the council of the City of
Virginia Beach.
The director of public works or director
of public utilities may require such office and field
checks, respectively, as necessary to assure the accuracy
of the plat.
Description and location of all monuments.
The boundary of the property being subdivided, names of
all proposed streets,
and boundaries of all property
within the subdivision intended to be dedicated to public
use.
In resubdivisions
lots,
existing recorded
of
existing lot
lines shall be shown by dotted lines,
resubdivisions by full lines.
The map book and page
number of property being resubdivided shall be specified.
(i)
Exact lengths and bearings of boundary lines of blocks,
public grounds, streets, alleys and existing locations of
all easements.
(k)
Angles of departure of adjoining property, street and
alley
lines,
names
with
abutting
of
recorded
subdivisions.
Unsubdi vided abutting acreage property
shall be designated by the names of owners with deed book
reference.
(1)
widths and names of abutting or adjoining roads, streets
and alleys.
(m)
A definite bearing and distance tie shall be shown
between not less than two (2) permanent boundaries on the
exterior boundary of the subdivision, and to existing
14
501
502
503
en)
504
505
506
507
Co)
508
509
510
511
512
513
514
(p)
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
street
intersections
possible
and
reasonably
where
convenient.
Exact length and bearing of all lot lines, provided that
where lines in any rectangular tier of lots are parallel,
it shall be sufficient to mark the bearings for the outer
lines thereof.
Designating symbols for all lots and blocks.
If the
finished plat consists of one section of a proposed
larger subdivision, then the block numbers shall run
consecutively throughout the several sections of the
entire subdivision and each section shall be designated
by letter or number.
All lots in each block shall be
consecutively lettered or numbered.
All plats of property abutting on or containing any
natural or artificial bodies of water shall show the
approximate high water lines, bulkhead and pierhead
lines, if officially established, top to bank and toe of
slope, and where such lines are intersected by lot or
block lines, measurements locating such intersections
shall be given along such lot or block lines.
(q)
When
subdivision plat
is
for
presented
any
or map
recordation,
in addi tion to the requirements now in
effect, there shall be added the name of the borough in
which said property is located and the source of title of
the immediate grantor.
(r)
Each
final plat
in any
agricultural
district
shall
contain a statement as follows:
"THIS SUBDIVISION IS
LOCATED IN AN AGRICULTURAL DISTRICT AND MAY BE SUBJECT TO
NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE
RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON NEARBY
PROPERTY."
(s)
The
number
geographic
parcel
tax
reference
or
map
identification number (GPIN #) for each lot and/or parcel
being created or referenced by the plat.
15
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
554
555
556
557
558
559
560
561
562
563
564
565
566
567
568
569
Adopted by the Council of the city of Virginia Beach, Virginia
23 June
on the day of , 1992.
APPROVED AS TO CONTENTS
,.Gt~
. [ SlWu~
~D~
(t)
Where Chesapeake Bay Preservation Areas lie within a
subdivision,
following
materials
shall
also
be
the
required, unless waived as unnecessary by the CheD~pe~ke
Bay rreDerv~tion Area Review Committee planninq director
or previously submitted in conjunction with preliminary
subdivision review:
(1)
(2)
A survey of environmental features;
A landscape plan;
(3)
(4)
A stormwater management plan;
An erosion and sediment control plan; and
(5)
A water quality impact assessment, if required by
section 109 of the Chesapeake Bay Preservation
Area Ordinance [Appendix F).
The materials set forth in (1) through (5) hereinabove
shall contain all of the information required by section
110 of the Chesapeake Bay Preservation Area Ordinance
[Appendix F).
(u)
Every final plat of a subdivision containing any land
located in a Chesapeake Bay Preservation Area shall state
as follows:
"ALL OR A PORTION OF THIS SUBDIVISION IS
LOCATED IN A CHESAPEAKE BAY PRESERVATION AREA AND IS
SUBJECT
TO
THE
PROVISIONS
OF
THE
CHESAPEAKE
BAY
PRESERVATION AREA ORDINANCE".
(v)
Every final plat of a subdivision containing any land
located in a Chesapeake Bay Preservation Area shall
delineate the boundaries of all resource protection
areas, resource management areas,
intensely developed
areas and reserve sewage disposal drainfield sites as
required
section
by
of
the
Chesapeake
108
Bay
Preservation Area Ordinance [Appendix F).
CA-4682
\ORDIN\PROPOSED\46-1-1ET.PRO
R-2
16
APPROVED AS TO FORM
~j~
- 32 -
Item V-H.3.a/b/c/d
ORDINANCES
ITEM # 35763
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Counc i I ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, as it pertains to
the Site Plan Ordinance:
Section 1 re definitions
Section 5A(2) re applicability
Section 5A(3) re procedures
Section 5A(8) re installation and bonding requirements.
Voting:
7-3
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Paul
J. Lanteigne and Wi 1\ iam D. Sessoms, Jr.
Counci I Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Counci I Members Absent
Lou ¡sR. Jones
1..~~ '">"
1 "",.,
10
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18
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20
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22
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24
25
26
27
28
29
30
31
1
2
3
4
5
AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 1, 5A(2),
5A (3) AND 5A (8) OF THE SITE PIAN
ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7
BEACH, VIRGINIA:
8
That sections 1,
and 5A(8)
of the Site Plan
5A ( 2) ,
5A ( 3 )
9
Ordinance of the City of Virginia Beach, Virginia,
are hereby
amended and reordained to read as follows:
section 1.
Definitions.
1.12. Planning director. The director of the department of planning
or his duly authorized desiqnee.
-i-ol-r 1. 13. Site development plan.
Detailed drawings indicating all
building construction and land improvements including landscape
treatments which may be required by the zoning ordinance, or under
the provicionc of a uce permit iccued in accordance with any city
council action taken pursuant thereto, or by any other ordinance of
the City of Virginia Beach.
hB 1.14.
Zoning lot.
or
A lot or any portion thereof,
contiguous lots of the same ownership within a single zoning
district which are to be used, developed or built upon as a unit.
hH 1. 15. Undeveloped property.
Either vacant land, or land with
a building, the existing use of which differs from its present
zoning district classification, or the existing use of which is
proposed for a change of occupancy.
Section SA.
Parking lot and foundation landscaping.
5A.2.
Applicability.
concerns
parking
lot
landscaping
As
requirements, the provisions of this section shall apply to public
32
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34
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36
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40
41
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44
45
46
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48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
and private parking lots designed for ten (10) or more spaces and
shall include display areas, parking garages, dumpsters, trash
receptacles, and loading docks that may be viewed from any public
right-of-way.
As concerns foundation landscape requirements, the
provisions of this section shall have application to all buildings
for which site plan review is required pursuant to section 2.2 of
the site Plan Ordinance.
A "parking lot" shall be defined as any
area or structure where motor vehicles are stored for the purpose
of temporary, daily, or overnight off-street parking.
A "display
area" shall be defined as an area generally considered accessible
to the public including auto/truck sales, leasing and rental lots,
recreational vehicle sales and rental
lots,
boat sales
lots,
manufactured home sales lots, and trailer sales lots.
A "loading
dock" shall be defined as a platformed space within the building or
that protrudes from the building for the standing, loading, or
unloading of trucks.
(a)
Parking lots of ten (10) or more parking spaces shall not
be constructed until a landscape plan (see sections 5A.4
and 5A.5) of the parking lot has been approved by the
adminiotrator of landooapc ocrvioco or hiD dcoigncco
planning director.
(b)
Existing parking lots of ten (10) or more spaces and
existing parking lots of less than ten (10) spaces whose
enlargement will increase it to ten (10) or more spaces
shall not be enlarged or reconstructed until a landscape
plan
the parking
the
of
lot has
been
approved by
adminiotrator of landooapc ocrvioco planning director.
Landscaping shall be provided in the new parking area in
proportion to its enlargement or reconstruction, and not
in proportion to the total parking area for the site.
"Reconstruction"
is defined as construction activity
involving an existing parking lot requiring a site plan
which includes the addition of asphalt or' concrete for
the purpose of facilitating drainage and the addition of
curbing and/or curb and gutter.
Patching, resurfacing,
2
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71
(c)
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90
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100
and restriping are considered maintenance activities and
not reconstruction.
The addition of
islands in an
existing parking lot for the purpose of landscaping shall
not constitute reconstruction.
Display areas shall not be constructed until a landscape
plan (see sections 5A.4 and 5A.5) of the display area has
been approved by the adminiatrator of landaoapc acrvioca
planninq director.
Display areas
shall
be clearly
indicated on the landscape plan (customer and employee
parking spaces should not be included in the indicated
area) .
Existing display areas shall not be expanded
until
plan
been
approved
by
the
landscape
has
a
adminiatrator of landaoapc acrvioca planninq director.
Landscaping shall be provided
in proportion of the
expansion, and not in proportion to the entire area for
the site.
(d)
No building for which site plan review is required
pursuant to section 2.2 of the site Plan Ordinance shall
be constructed until a foundation landscape plan (see
section 5A.6) has been approved by the adminiatrator of
landaoapc
acrvioca
planning
Existing
director.
commercial
buildings
expanded until
a
shall
not be
foundation
landscape plan has
been approved by the
adminiatrator of landaoapc acrvioca planninq director.
Landscaping
shall be provided
in proportion to the
building's expansion, and not in proportion to the entire
(e)
building for the site.
Parking garages shall not be constructed until either a
street frontage landscape plan (see section 5A.5)
or
foundation landscape plan (see section 5A.6), whichever
is applicable, has been approved by the adminiatrator of
landaoapc acrviocß planning director.
( f)
Dumpsters and/or trash receptacles shall not be placed
until a landscape plan
(see section 5A.7)
has been
3
101
102
103
(g)
104
105
approved by the aàmißiotrator of
landocapc ocrvicco
planninq director.
Loading docks shall not be constructed until a landscape
plan
section
by
the
has
been
approved
(see
5A.7)
adminiotratar af landscape ocrvicco planninq director
106
5A. 3. Procedures.
107
(a)
108
109
110
111
112
(b)
113
114
115
116
117
118
119
120
Landscape plans submi tted pursuant to this ordinance
shall
be prepared
in the manner
specified
in this
ordinance and in IIPARKING LOT AND FOUNDATION LANDSCAPING
SPECIFICATIONS AND STANDARDS II and shall be submitted in
conjunction with the site development plan.
After the landscape plan has been submitted, it shall be
reviewed and processed by the administrator planning
director
section
5A
and
other
to
conformance
for
applicable regulations
in conjunction with the site
development plan.
The admißistrator planninq director
may approve any landscape plan which the adminiotrator
planning director determines to meet or exceed the
objectives of this ordinance.
121
5A. 8. Installation and bonding requirements.
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123
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127
128
129
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131
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133
134
135
(a)
All required landscaping shall be installed according to
the
II PARKING
FOUNDATION
LANDSCAPING
LOT
AND
SPECIFICATIONS AND STANDARDS.II
(b)
Where
landscaping
is
required,
certificate
of
no
occupancy shall be issued until the required landscaping
is completed in accordance with the approved landscape
plan
certified by an
on-site
inspection by the
as
adminiotrator or hiD dcoigncco planninq director.
When
the occupancy of a structure is desired prior to the
completion of the required landscaping, a certificate of
occupancy may be issued only if the owner or developer
provides to the city a form of surety satisfactory to the
city attorney in an amount equal to the remaining plant
materials, related materials, and installation costs,
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with the costs approved by the ûdminiotrûtor of lûndocapc
ocrvioco planninq director.
( c)
For expanded or reconstructed parking lots or display
areas which do not include building improvements and,
therefore, no certificate of occupancy is required, a
surety satisfactory to the city attorney must be posted
at the time the approved site plan is released to cover
the cost of all landscaping indicated on the landscape
plan, as determined by the adminiotrûtor of landocûpc
ocrvicco planning director.
(d)
All required landscaping must be installed and approved
by the
the
first planting
season
following
end
of
issuance of certificate of occupancy or surety shall be
forfeited to the city.
(e)
The owners and their agents shall be responsible for
providing, protecting, and maintaining all landscaping in
healthy and growing conditions, replacing unhealthy fifty
(50)
percent or more dead or completely dead,
plant
material within ninety (90) days upon written notice,
except when replacements should be delayed because of
seasonal
until
season.
planting
factors
the
next
Replacement material shall conform to the original intent
of the landscape plan as determined by the adminiotrator
of landooapc ocrvioco planninq director.
Adopted by the Council of the City of Virginia Beach, Virginia
23 June
on the day of , 1992.
APPROVED AS TO CONTENT:)
,~!\~
\j~
m SlG~^,URE
~ENT
CA-4614
\ordin\proposed\46-1-12e.pro
R-2
APPROVED AS TO fORM
5
SIGNA TURE
CITY A HORNEY
- 33-
Item V-H.4.a/b/c
ORDINANCES
ITEM # 35764
Upon motion by Vice Mayor Fentress,
Counc i I ADOPTED:
seconded by Counci I man CI yburn,
City
Ordinance to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia, as it pertains to the Tree
Planting, Preservation and Replacement Ordinance:
Section 1.3 re definitions
Section 1.4 re application
Section 1.6 re variances and appeals.
Voting:
7-3
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Paul
J. Lanteigne and William D. Sessoms, Jr.
Counci I Members Voting Nay:
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Counci I Members Absent
Lou is R. Jones
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 1.3, 1. 4 AND 1. 6 OF THE
TREE PLANTING, PRESERVATION AND
REPLACEMENT ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
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BEACH, VIRGINIA:
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That
sections
Tree
Planting,
and
1.3,
1.4
of
the
1.6
9
Preservation and Replacement Ordinance of the City of Virginia
Beach, Virginia,
are hereby amended and reordained to read as
follows:
Section 1.3.
Definitions.
For the purposes of this ordinance [appendix], certain terms
are defined as follows:
Caliper:
The diameter of a tree measured six (6) inches above
existing grade.
Canopy cover:
The crown "branch" area of a tree measured in
square feet after ten (10) years from installation as specified in
this ordinance [appendix].
Cultivar:
A "variety" of plant denoting an assemblage of
cultivated individuals which are distinguished by any significant
characteristics and which, reproduced, retain their distinguishing
characteristics.
Drip line:
An imaginary, perpendicular line that extends
downward from the outermost tips of the branches to the ground.
Lot size:
That portion of the
lot allowed
for use
in
determining the minimum lot size requirements as stated in section
200 of the City Zoning Ordinance.
Mul tistem tree:
A tree having more than one stem "trunk"
emerging from the root system.
Planning Director:
The director of the department of planning
or his desiqnee.
Residential lot:
A piece or parcel of land abutting on a
street and created by proper legal instrument upon which is to be
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built one or more dwelling units and shall include single family
condominiums.
Resubdivision:
Subdividing an existing subdivision to change
the shape or size of the lots without increasing density.
Species:
The unit in the botanical classification of plants.
Standard tree:
A tree grown with a single erect stem.
Tree:
Any self-supporting woody plant of a species which
normally grows, in Virginia Beach, at a commonly accepted maturity,
to an overall height of a minimum of fifteen (15) feet.
Section 1.4.
Application.
The terms and provisions of this ordinance [appendix] shall
apply to property as follows:
A.
Residential
1.
All residential lots shall have trees planted, or
canopy cover provided,
based upon the following
requirements by lot size:
a.
1 - 4,999 square feet
(1)
One (1) small tree per attached townhouse
interior lot.
(2)
(2)
medium,
Two
small,
trees
for
or
attached townhouse end lots.
(3)
Abutting street side:
One (1) small tree per attacned townhouse
interior lot.
Two
(2)
or
medium,
small,
trees
for
attached townhouse end lots.
(4)
(2)
small or medium trees for all
Two
other lots
b.
5,000 - 7,499 square feet
300 square-foot canopy cover
c.
7,500 - 9,999 square feet
400 square-foot canopy cover
d.
10,000 - 14,999 square feet
600 square-foot canopy cover
e.
15,000 - 19,999 square feet
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f.
750 square-foot canopy cover
20,000 - 29,999 square feet
900 square-foot canopy cover
g.
30,000 - 39,999 square feet
1,000 square-foot canopy cover
h.
40,000 - 87,119 square feet
500 square-foot canopy cover for each one-half
acre
i.
87,200 square feet and greater
2,000 square-foot canopy cover
Trees shall be selected from the specifications and
standards and shall be a minimum of five (5) to six
(6) feet in height for small trees at the time of
planting and two (2)
inches to two and one-half
(2~) inches caliper for medium and large trees at
the
time
be
planting.
Planting
of
shall
accomplished in accordance with the specifications
and standards.
3.
Existing or relocated trees on individual lots may
be used to satisfy Section 1.4.A. provided that:
a.
The
or
trees
meet
exceed
the
quantities
required for lots 1 to 4,999 square feet or
canopy cover as listed in section 1.4. A. 1. ;
and
b.
The trees have been protected in accordance
with Section 1.4.A.5. during construction and
are
physically
good
in
and
structurally
condition
city
arborist
the
or
his
per
designee.
c.
Trees
that
over
have
extending
canopy
adjoining lots will receive credit for only
that portion of canopy covering the lot from
which the tree is growing.
Credit for canopy
cover will be given when trees on adjoining
lots have canopy extending over an individual
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lot, but only that portion extending will be
credited towards the required canopy cover for
the individual lot.
Canopy cover for street
trees shall be credited toward residential
lots in the amount of area on the individual
lot measured from the right of way line.
Non-Acceptable
trees:
selected
for
Trees
residential use shall not be of a specie, variety
or cultivar from the non-acceptable tree list, in
the specifications and standards.
Tree
protection
construction:
Existing
during
trees that are to be used to meet the requirements
of section 1.4 shall be protected in accordance
with the following:
Before construction activity
begins,
protective barriers must be securely in
place.
Minimum
areas
undisturbed
shall
be
determined
multiplying
tree's
diameter
by
the
breast height (DBH), measured at four and one half
(4~) feet, by one (1) foot.
This is the minimum
diameter that must be left undisturbed around each
tree.
This area is approximately the area of the
outermost branches (drip line).
All construction
activities shall be prohibited within the minimum
undisturbed areas,
provided for any tree(s)
for
which
credit
is
given
satisfying
toward
the
residential canopy requirements.
All temporary
construction activities shall also be prohibited
within the minimum undisturbed areas, including all
excavating,
filling,
trenching,
construction
storage and dumping, and parking of construction
equipment/vehicles or employee vehicles.
6.
Bond:
Prior to the issuance of any subdivision
permit, the developer shall provide a performance
bond with surety, cash escrow, irrevocable letter
of credit, any combination thereof, or such other
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7.
B.
legal arrangement acceptable to the city attorney
to
the
their
costs
of
such
trees
and
cover
planting.
Should the city be required to take
action to see that the trees are purchased and/or
planted, the city may collect from the developer
for
difference
the
the
should
the
amount
of
reasonable cost of such action exceed the amount of
security held.
Inspection:
inspected
All
shall
lots
be
and
approved prior to the release of the bond.
Individual sections of subdivisions may be
inspected and bond release authorized. Inspection
shall be performed by the city arborist or his
designee.
street Tree Planting:
1.
Trees shall be planted within all public rights of
way in conjunction with new residential development
except resubdivisions, undeveloped rights of way
and townhouse developments where the street design
does
provide
greenspace
not
for
street
trees.
Trees shall be planted in accordance with a master
street tree plan, section 1.4.B.4., that is to be
included with the subdivision construction plans.
The master street tree plan is to be prepared in
accordance with section 1.4.B.4. and approved by
the city arboriat planninq director.
2.
All street trees shall be a minimum of one and
three-fourths (1%) to two (2) inch caliper at time
of planting for standard trees and five (5) feet to
six (6) feet in height for multi-stem trees at time
of planting.
Trees shall be guaranteed to be in
good physical condition as determined by the city
arborist or his designee, for a period of one (1)
year by the developer.
The one-year period shall
commence from the time of final inspection.
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3.
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Tree selection:
Trees shall be selected from the
Specifications and Standards.
Tree selection shall
be small or medium size and spaced according to the
recommended
list
in
the
of
street
trees
specifications and standards when distance between
sidewalk and curb is four (4) feet.
Tree selection
shall be medium or large size and spaced according
to the recommended list of street trees in the
specifications and standards where the distance
between sidewalk and curb is greater than four (4)
feet or if a sidewalk is not required.
4.
Master street tree plan:
A Master Street Tree Plan
shall
contain
following
be
prepared
and
the
information:
a.
A landscape plan drawn to the same scale as
the subdivision plan showing the location and
spacing of all trees to be planted.
b.
Botanical
names,
sizes
and
names,
common
quantities.
c.
Planting details.
d.
Location of all
lines,
sidewalks and
curb
major utilities.
utilities conflicting with
placement of trees shall require an adjustment
of
spacing.
When
adjustment
is
tree
necessary,
spacing
exceed
the
shall
not
maximum allowable spacing.
No trees shall be
placed within ten (10) feet of a street light
pole
encroach
within
the
visibility
nor
triangle as defined by section 201(f) of the
city zoning ordinance.
Generally, a minimum
of four (4) feet of green space on either side
of sidewalk shall be required.
e.
Trees on residential lots shall not be used to
meet the requirements of street tree planting,
except when a lot or group of lots are heavily
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wooded and the planting of street trees would
physically conflict with the canopy of the
residential trees. The street tree
requirements may be deleted in these areas
only.
The city arboriDt planninq director or
his
designee
determine
if
such
shall
a
conflict exists.
5.
Bonding:
A bond for trees and installation shall
be required to cover the guarantee period.,
c.
Exemptions:
1.
The requirements of section 1.4 of this appendix
shall not apply to resubdivisions or to unimproved
rights of way.
2.
The requirements of section 1.4.B shall not apply
to townhouse developments where the street design
does not provide adequate greenspace for street
trees.
D.
Compatibility with best management practices (BMPS).
In
no case shall a subdivision be approved wherein the
design
planting
calls
for
the
of
trees
over
any
underground water retention areas.
section 1.6.
variances and Appeals.
A.
The city manager or his desiqnee is authorized, upon
appeal in specific cases, to grant a variance from the terms of the
ordinance
will
contrary ,to
the public
[appendix]
not
be
as
interest, when owing to special conditions, a literal enforcement
of the provisions will result in unnecessary hardship, provided
that the spirit of the ordinance shall be observed and substantial
justice done, as follows:
1.
strict application of the terms of the ordinance
[appendix]
will
effectively
prohibit
or
unreasonably restrict the use of the property.
2.
Granting of such variance will alleviate a clearly
demonstrable hardship approaching confiscation as
distinguished from a special privilege.
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In authorizing a variance the city manager or his desiqnee may
impose such conditions as may be necessary in the public interest.
B.
It is further provided that any decision of the city
manager or his designee may be modified, reversed or affirmed by
the city council upon appeal by any aggrieved party to such
decision, if such appeal is filed within thirty (30) days of such
decision.
C.
Final decision under this ordinance shall be subject to
review by the appropriate court of record, if filed within thirty
(30) days from the date of council action.
Ih.
Notwithstandinq anythinq in this section to the contrary,
variances and appeals arisinq from provisions of the Chesapeake Bay
Preservation Area Ordinance (Appendix FJ included or incorporated
in this ordinance shall be in accordance with section 113 or
section 114 of the Chesapeake Bay Preservation Area Ordinance as
the case may be.
Adopted by the Council of the City of Virginia Beach, Virginia
23 June
on the
day of
, 1992.
CA-4683
\ORDIN\PROPOSED\49-1-3ET.PRO
R-2
APPROVED AS TO CCH~~ ¡:NTS
^ ~ s~"
~ ~""T
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AN ORDINANCE TO AMEND AND
REORDAIN SECTION 111 OF THE CITY
ZONING ORDINANCE OF THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO
DEFINITIONS.
7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8
BEACH, VIRGINIA:
9
That section 111 of the City Zoning Ordinance is hereby
amended
reordained
thereto
adding
in
appropriate
and
by
alphabetical sequence the definition for Planning Director to read
as follows:
section 111.
Definitions.
. . .
Planning director.
The director of the Department of Planninq
or his desiqnee.
. . .
Adopted by the Council of the City of Virginia Beach, Virginia
23 June
on the
day of
, 1992.
CA-4680
\ORDIN\PROPOSED\45-111.PRO
R-1
APPROVED AS TO CONTENTS
~c.
DEPARTMENT
APPROVED AS TO FORM
~J-~~
SIGNAIURE
CITY ATTOR!':~v
- 34 -
Item V-H.5.a/b/c/d/e/f/g/h/j/k/l/m/n/o/p
ORDINANCES
ITEM # 35765
Upon motion by Vice Mayor Fentress,
Counci I ADOPTED:
seconded by Counc i I man Sessoms,
City
Ordinance to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia, as it pertains to the
Chesapeake Bay Preservation Area Ordinance:
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Section
Voting:
10-0
103 re
104 re
107 re
108 re
109 re
110 re
111 re
112 re
114 re
115 re
116 re
117 re
118 re
119 re
120 re
Counci I Members Voting Aye:
definitions
areas of applicability
interpretation of boundaries
performance standards
water quality Impact assessment
plan of development process
nonconforming bui Idings and structures
exemptions
variances
appeals
violations
severabi I ity
vested rights
enforcement
effective date.
John A. Baum, James W. Brazier, Jr., Robert W.
C I ybu rn, Vice Mayor Robert E. Fentress, Haro I d
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
I..~~ ')-Z
1 ""...,
- 35 -
ItemV-H.5.i.
ORDINANCES
ITEM # 35766
Upon motion by Vice Mayor Fentress,
Counc i I ADOPTED:
seconded by Counci Iman Sessoms,
City
Ordinance to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia, as it pertains to the
Chesapeake Bay Preservation Area Ordinance:
DELETED Section 113 re Review Committee
Voting:
8-2
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Haro I d
Heischober, Paul J. Lanteigne, Reba S. McClanan and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Counci I Members Absent
Lou i s R. Jones
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 103, 104, 107, 108, 109,
110, 111, 112, 113, 114, 115, 116,
117, 118, 119 AND 120 OF THE
CHESAPEAKE BAY PRESERVATION AREA
ORDINANCE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
8
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9
BEACH, VIRGINIA:
That sections 103, 104, 107, 108, 109, 110, 111, 112, 113,
114,
117,
and 120 of the Chesapeake Bay
115,
116,
118,
119
Preservation
Ordinance
City
Virginia
of
the
of
Beach,
Area
Virginia, are hereby amended and reordained to read as follows:
section 103.
Definitions.
The following words and terms used in this ordinance shall
have the following meanings, unless the context clearly indicates
otherwise.
Agricultural lands.
Those lands used for the planting and
harvesting of crops or plant growth of any kind in the open,
pasture, horticulture, dairy farming, floriculture, or the raising
of poultry or livestock.
Applicant.
Any person submitting any application required or
permitted pursuant to any of the provisions of this ordinance, and
any person on whose behalf such an application is submitted.
Best management practice.
A practice, or a combination of
practices, determined to be the most effective practical means of
preventing
reducing
pollution
the
amount
of
generated by
or
nonpoint sources to a level compatible with water quality goals.
Board.
The Chesapeake Bay Preservation Area Board.
Buffer area.
An area of existing or established vegetation
managed to protect other components of a Resource Protection Area
and
significant
to
land
degradation
state
waters
from
due
disturbances.
caliper.
The diameter of a tree measured six inches above
existing grade.
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61
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Chesapeake Bay Preservation Area. Any land designated as such
on the Chesapeake Bay Preservation Area Map adopted by the City
Council, subject to the determination of the committee director on
a site-specific basis.
A Chesapeake Bay Preservation Area shall
consist of a Resource Protection Area and a Resource Management
Area, and shall include any designated Intensely Developed Areas.
Committee.
ChcDapcakc Bay rrcDervation Area Review
Thc
CoHliRittee.
Construction footprint.
The area of all impervious. surface
created by development or redevelopment of land, including, but not
limited to, buildings, roads, drives, parking areas and sidewalks,
and
land
disturbed
construction
of
such
other
for
the
any
improvements.
Development.
construction
installation
any
of
The
or
improvement upon
disturbance
a parcel
of
land,
any
land
or
associated therewith.
Diameter at breast height.
The diameter of a tree measured at
a point four and one-half feet above the existing grade.
Director.
The director of the department of development
DerviceD planninq or his designee.
Dripline.
An imaginary perpendicular line extending downward
from the outermost tips of the branches of a tree to the ground.
Highly erodible soils.
Those soils on slopes seaward of the
point at which the slope of the ground changes from less than six
(6) percent to greater than six (6) percent and the toe of the
slope is located within one hundred (100) feet of any component of
the resource protection area.
Impervious cover.
A surface composed of any material which
significantly impedes or prevents natural infiltration of water
into the soil, including, but not limited to, buildings and other
structures
and the
or
components thereof,
asphalt,
concrete,
compacted gravel surface.
Intensely developed area.
Any land designated as such on the
Chesapeake Bay Preservation Area Map adopted by the city council.
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103
Land disturbance.
land which causes,
Any activity upon
contr ibutes to,
or results in the removal or covering of the
vegetation upon such land, including, but not limited to, clearing,
dredging,
filling,
grading or excavating.
The term shall not
include minor activities such as home gardening, individual home
landscaping and home maintenance.
Nonpoint
pollution.
consisting
of
Pollution
source
constituents such as sediment, nutrients, and organic and toxic
substances from diffuse sources, such as runoff from agriculture
and urban land development and use.
Nontidal wetlands.
Those wetlands other than tidal wetlands
that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support,
a prevalence of vegetation typically
adapted for life in saturated soil conditions, as identified in the
City of Virginia Beach Soil Survey by soil names Backbay Mucky
Peat; Corolla-Duckston Fine Sands; Dorovan Mucky Peat; Duckston
Fine Sand; Nawney silt Loam; pamlico Mucky Peat, Ponded; Pamlico-
Lakehurst Variant Complex; Pocaty Peat; and Rapahannock Mucky Peat,
Strongly Saline.
Person.
An
individual,
firm,
fiduciary,
corporation,
partnership,
organization,
or any other entity or
association,
combination thereof.
Redevelopment.
The construction, substantial alteration or
installation of any improvement upon a lot or parcel of land, any
portion of which is or has been developed, or any land disturbance
associated therewith.
For purposes of applying this definition,
any lot in existence prior to October 1, 1989 shall be deemed to
remain a separate lot irrespective of the subsequent vacation of
one or more of its lot lines.
Resource management area.
That component of a Chesapeake Bay
Preservation Area not classified as a resource protection area.
Resource management areas include land types which, if improperly
used or developed, have the potential for causing significant water
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quality degradation or for diminishing the functional value of a
resource protection area.
Resource protection area.
That component of a Chesapeake Bay
Preservation Area comprised of lands at or near the shoreline which
have an intrinsic water quality value due to the ecological and
biological processes they perform or are sensitive to impacts which
may result in significant degradation to the quality of state
waters.
Subdivision.
The division of any parcel of land into two (2)
or more lots or parcels.
The term shall include all changes in lot
lines,
the creation of new lots involving any division of an
existing lot or lots and, if a new street is invol ved in such
division, any division of a parcel of land.
When appropriate to
the context, the term shall also include the process of subdividing
and the territory subdivided.
Tidal shore.
The area between the mean low water and mean
high water levels of tidal waters.
Tidal
Vegetated and nonvegetated wetlands
wetlands.
as
defined in section 1401 of the city zoning ordinance [Appendix A].
Tributary stream.
Any perennial stream depicted as such on
Geological Survey 7~ minute topographic
the most recent u. S.
quadrangle map (scale 1:24,000).
Water-dependent facility.
A development of land which cannot
exist outside of a resource protection area and which must be
located on the shoreline by reason of the intrinsic nature of its
operation.
These facilities include,
but are not limited to,
ports,
intake
water
of
power
plants,
outfall
structures
and
treatment plants, sewage treatment plants, storm sewers, marinas
and other boat docking structures, beaches and other public water-
oriented recreation areas,
fisher ies or other mar ine resources
facilities and shoreline protection measures as authorized under
the provisions of the wetlands zoning ordinance.
Wetlands.
Tidal and nontidal wetlands as defined herein.
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section 104.
Areas of Applicability.
(A)
The Chesapeake Bay Preservation Area Ordinance shall
apply to all lands designated as Chesapeake Bay Preservation Areas
on the Chesapeake Bay Preservation Area Map.
(B)
Resource protection areas shall include the following
components:
(1)
(2)
Tidal wetlands;
Nontidal wetlands;
(3)
(4)
Tidal shores;
(5)
Highly erodible soils; and
A one-hundred-foot vegetated buffer area located
adjacent to and landward of the components listed
in (1) through (4) above, and along both sides of
any tributary stream.
(C)
Resource management areas shall consist of an area one
hundred (100) feet in width, located adjacent to and landward of a
resource protection area on lots greater than three (3) acres in
size, or the entirety of all lots less than or equal to three (3)
acres in size abutting, and landward of, a resource protection
area.
(D)
Chesapeake Bay Preservation Area Map
is hereby
The
declared to delineate the general
location of Chesapeake Bay
Preservation Areas.
The committee director shall have the final
authority in cases of uncertainty to determine the extent of
Chesapeake Bay Preservation Areas by application of the criteria
set forth in this section.
(E)
If the area encompassed by a Chesapeake Bay Preservation
Area includes a portion of a lot less than or equal to three (3)
acres in size, the entire lot shall be subject to the requirements
of this ordinance.
Any lot subdivided after October 1,1989 out of
a lot less than three (3) acres in size and within a Chesapeake Bay
Preservation Area shall also be subject to the requirements of this
ordinance.
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section 107.
Interpretation of Chesapeake Bay Preservation Area
Boundaries.
The Chesapeake Bay Preservation Area Map adopted by the city
council shall be used as a guide to the general location of
Chesapeake Bay Preservation Areas.
The site-specific boundaries of
a Chesapeake Bay Preservation Area shall initially be delineated by
the applicant, and shall be subject to approval and modification by
the committee director on the basis of the criteria set forth in
section 104(B) of this ordinance.
In making such a determination,
the committee director may consider any relevant information and
may perform site inspections.
When a delineation of a Chesapeake
Bay Preservation Area, or any component thereof, has been approved
or established by the committee director,
the Chesapeake Bay
Preservation Area Map shall be amended to reflect such delineation.
section 108.
Performance Standards.
The performance standards set forth in this section are
intended to prevent a net increase in nonpoint source pollution
from new development,
achieve a ten (10)
percent reduction in
nonpoint source pollution from redevelopment, and achieve a forty
( 40)
reduction
nonpoint
source
pollution
in
from
percent
agricultural uses.
The following standards shall apply in all
Chesapeake Bay Preservation Areas.
(A)
General
standards
for
development
and
performance
redevelopment.
(1)
Land disturbance
limited to
the area
shall be
necessary
to
provide
desired
or
the
for
use
development.
limits
disturbance,
The
of
land
including clearing or grading, shall be strictly
defined by the construction footprint as shown on
the approved plan of development.
Clearing shall
be allowed only to provide necessary access, site
drainage, water quality best management practices,
installation of utilities and primary and reserve
drainfield
detailed
Virginia
sites
on
a
as
Department of Health sewage disposal construction
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(2)
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permit.
These limits shall be clearly shown on
submitted
physically
plans
marked
and
on
the
development site.
Indigenous vegetation shall be preserved to the
maximum extent possible consistent with the use and
development permitted and in accordance with the
most recent edition of the Virginia Erosion and
Sediment Control Handbook.
(a)
Where areas to be preserved are considered to
be part of the stormwater management plan for
that site, existing trees of greater than six
(6) inches diameter at breast height shall be
preserved outside the construction footprint.
Diseased
trees
trees
weakened
by
age,
or
storm, fire, or other injury may be removed.
(b)
Prior
or
clearing
grading,
suitable
to
protective barriers, such as safety fencing,
shall be erected outside of the dripline of
any tree or stand of trees to be preserved.
These
protective
so
barriers
remain
shall
erected throughout all phases of construction.
The storage of equipment, materials, debris,
or fill shall not be allowed within the area
protected by the barrier.
(3)
Land development shall minimize impervious cover
consistent with the use or development permitted
through
the
incorporation
or
of
structural
nonstructural urban best management practices:
(a)
As described in the most recent edition of the
Urban Best Management Practice Handbook of the
Virginia Water Control Board; or
(b)
As described in the City of Virginia Beach
Stormwater Management Ordinance.
(4)
Notwithstanding
any
provision
of
this
other
ordinance,
disturbance
exceeding
land
two
any
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(5)
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(6)
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thousand
five
square
feet,
hundred
(2,500)
including construction of all single-family houses,
septic tanks, and drainfields, shall comply with
the requirements of Article III of chapter 30 of
the Code of the City of Virginia Beach (City Code
sections 30-56 through 30-78).
All on-site sewage disposal systems not requiring a
Virginia
Pollutant Discharge
Elimination
System
(VPDES) permit shall be pumped out at least once
every five (5) years.
For new construction not served by public sewer or
other system requiring a VPDES permit, a reserve
sewage disposal drainfield site with a capacity at
least equal to that of the primary sewage disposal
drainfield
site
provided.
This
shall
be
requirement shall not apply to any lot or parcel
recorded prior to October 1, 1989, if such lot or
parcel is not sufficient in capacity to accommodate
a
disposal
as
drainfield
site,
reserve
sewage
determined by the Virginia Beach Health District of
the
Virginia
or
Building
Health
Department.
construction of any impervious surface shall be
prohibited on the area
sewage disposal
of
all
drainfield
including
reserve
drainfield
sites,
sites, until the property is served by public sewer
or an on-site sewage treatment system operating
under a VPDES permit.
(7)
For any development or redevelopment,
stormwater
runoff shall be controlled by the use of best
management practices that achieve the following
results:
(a)
For development, the postdevelopment nonpoint
source pollution runoff load shall not exceed
the predevelopment load.
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(b)
(8)
For
intensely
or
other
developed
areas
redevelopment
sites,
nonpoint
source
the
pollution load shall be reduced by at least
ten (10) percent.
The committee director may
waive
modify
for
this
requirement
or
redevelopment
sites
that
originally
incorporated best management
practices
for
stormwater runoff quality control,
provided
that:
1.
the
postdevelopment
In
no
case
may
nonpoint
source pollution
runoff
load
exceed the predevelopment load; and
2.
Best management practice facilities shall
be in good working order and performing
at the design levels of service.
The
committee director may require a review
of the original structural design and the
maintenance plans of such facilities to
determine compliance with this
requirement, and may require the
execution of a new maintenance agreement
to
compliance
these
with
ensure
requirements.
(c)
Predevelopment and postdevelopment
loadings
shall be calculated by the same procedures.
(d)
For a redevelopment site more than ninety (90)
percent of which
is covered by
impervious
surfaces,
restoration
a
minimum
of
of
an
additional twenty (20) percent of the site to
vegetated
deemed
the
shall
be
open
space
equivalent of a ten (10) percent reduction in
nonpoint source pollution load.
Prior to the authorization of grading or other on-
site activities on any portion of a lot or parcel,
all
permits
zoning
required
by
the
wetlands
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ordinance and sections 401 and 404 of the Clean
Water Act (33 U.S.C. sections 1341, 1344) shall be
obtained and evidence of such submitted by the
applicant.
(9)
Land
which
are
agricultural
activities
upon
conducted
soil
and water quality
shall have
a
conservation plan.
Such plan shall be based upon
the
Field
U.S.
Office
Technical
Guide
of
the
Department of Agriculture Soil Conservation Service
and accomplish water quality protection consistent
with this ordinance.
Such a plan shall be approved
by the Virginia Dare Soil and Water Conservation
District by January 1, 1995.
(10) Proposed
revegetation
areas
shall
disturbed
of
provide
maximum
erosion
sediment
control
and
benefits.
(11) Access for projects requiring permits under section
6-136 of the city Code or section 1403 of the
wetlands
zoning
for
projects
ordinance,
and
authorized by section 1402 of the wetlands zoning
ordinance, shall be limited to a single accessway
so as to maintain the integrity of the buffer.
(12) Fill
projects
in
subdivision
for
referred
to
(A) (11)
hereof
limited
to
minimize
shall
be
disturbance of existing vegetation and contours so
as to effectively maintain the integrity of the
buffer.
(13) Disposal
sites
be
material
for
dredged
shall
located and stabilized landward of the buffer.
(B)
Buffer Area Requirements.
To minimize the adverse
effects of development activities on the other components
of resource protection areas, state waters, and aquatic
life, a one-hundred-foot-wide buffer area of vegetation
that
is
runoff,
preventing
effective
in
retarding
erosion, and filtering nonpoint source pollution from
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runoff shall be retained if present and established where
345
it does not exist.
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The buffer area shall be located adjacent to and landward
347
of other components of a resource protection area.
The
348
full buffer area shall be designated as the landward
349
component of the resource protection area.
350
The one-hundred-foot buffer area shall be deemed to
a
forty
(75)
( 40)
percent
reduction
of
351
achieve
a
seventy-five
352
sediments
and
percent
reduction
of
353
nutrients.
A combination of a buffer area not less than
354
fifty (50) feet in width and appropriate best management
355
practices located landward of the buffer area which
356
collectively achieve water quality protection, pollutant
357
removal, and water resource conservation at least the
358
equivalent of the full one-hundred-foot buffer area may
be employed in lieu of the one-hundred-foot buffer with
359
360
the
approval
of
the
colRIRittcc
director
after
361
consideration of a water quality impact assessment.
362
The buffer area shall be maintained to meet the following
363
additional performance standards:
364
(1)
In order to maintain the functional value of the
365
buffer area,
no
indigenous vegetation shall be
366
removed except to provide
for reasonable sight
367
lines, access paths, general woodlot management,
368
and best management practices, as follows:
369
(a)
Trees may be pruned or removed as necessary to
370
provide for sight lines and vistas, provided
371
that where removed,
they shall be replaced
372
with other vegetation that is equally
effective in retarding runoff, preventing
erosion, and filtering nonpoint source
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pollution from runoff.
376
(b)
Any path shall be constructed and surfaced so
377
as to effectively control erosion.
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(2)
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(c)
(d)
Dead, diseased, or dying trees or shrubbery
may
be
discretion
the
of
removed
at
the
landowner.
For projects requiring permits under section
6-136 of the City Code or section 1403 of the
wetlands zoning ordinance,
and for projects
authorized by section 1402 of the wetlands
zoning ordinance, trees and woody vegetation
may be removed, necessary control techniques
employed, and appropriate vegetation
established to protect or stabilize the
shoreline in accordance with the best
available technical advice and applicable
permit conditions or requirements.
When the application of the buffer areas would
result in the loss of a buildable area on a lot or
parcel
recorded prior to October
1,
1989,
the
committee may allow reductions of the width of the
buffer area in accordance with following criteria:
(a)
Encroachments upon, or reductions in the width
of,
the buffer
shall
be the minimum
area
necessary
to
reasonable
accommodate
a
construction footprint solely for a principal
structure.
Once construction is complete, the
vacant area within the construction footprint
shall be restored with vegetation according to
the landscape plan;
(b)
Where possible, an area of vegetation equal in
size to the area of the buffer reduced or
encroached upon shall be established elsewhere
on the lot in such manner as to maximize water
(c)
quality protection; and
In no case shall the reduced portion of the
buffer area be less than fifty (50) feet in
width.
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(3)
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On agricultural lands the agricultural buffer area shall
be managed to prevent concentrated flows of surface water
from breaching,
and noxious weeds from invading,
the
buffer area.
The agricultural buffer area may be reduced
as follows:
(a)
To a minimum width of fifty (50)
feet when the
subject land is implementing a federal, state, or
locally-funded
agricultural
best
management
practices program, provided that the combination of
the reduced buffer area and the best management
practices
achieve
protection,
water
quality
pollutant removal, and water resource conservation
at least the equivalent of the one-hundred-foot
buffer area, as determined by the Virginia Dare
soil and Water Conservation District;
(b)
To a minimum width of twenty-five (25) feet when a
soil
quality
conservation
plan,
and
water
as
approved
Virginia
Dare
soil
by
the
and
Water
Conservation District, has been implemented on the
subj ect land.
Such plan shall be based upon the
Field Office Technical Guide of the u.s. Department
of
Agriculture
Service
and
Soil
Conservation
accomplish water quality protection consistent with
this ordinance;
(c)
buffer
shall
required
for
not
be
The
area
agricultural
drainage
subject
ditches
if
the
agricultural
in place best management
land has
practices in accordance with a conservation plan
approved
Virginia
Dare
soil
and
by
the
Water
Conservation District.
(C)
The provisions of subsection (B) hereof shall not apply
to lands designated as Intensely Developed Areas, except
that consideration shall be given by the applicant to
establishing
maintaining
a
vegetated
buffer
of
or
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sufficient width to reduce the nonpoint source pollution
load by at least ten (10) percent.
section 109.
Water quality impact assessment.
(A)
The purpose of a water quality impact assessment is to:
(1)
identify
potentially
impacts
proposed
of
the
adverse
development on water quality and lands within Chesapeake Bay
Preservation
where
development
(2)
that,
Areas;
or
ensure
redevelopment takes place within Chesapeake Bay Preservation Areas,
it will be located on those portions of a site and in a manner that
will be least disruptive to the natural functions of resource
protection areas and other sensitive lands; and (3) specify means
to avoid, minimize or mitigate the impacts of development for water
quality protection.
(B)
A water quality impact assessment shall be required (1)
for any development or redevelopment within a resource protection
area; (2) for any buffer area encroachment or reduction provided
for in section 108 of this ordinance; or (3) where a water quality
impact statement is deemed necessary by the committee director to
evaluate the potential impacts of the development or redevelopment
upon water quality or a resource protection area by reason of the
unique characteristics of the site or the intensity of the proposed
use or development.
(C)
The following elements shall be included in a water
quality assessment unless one or more such elements shall, in the
judgment of the committee director, not be reasonably necessary in
determining
impact
development
of
the
proposed
the
or
redevelopment:
(1) Location of the
protection area,
buffer area;
of
the
components
resource
including
the
one-hundred-foot
(2)
and
location
best
management
proposed
of
Type
practices to mitigate any encroachment into,
or
reduction of, the buffer area;
(3)
A scaled plan and text that:
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489
490
491
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495
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499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
(a)
(b)
(c)
(d)
(e)
Describes
existing
soil
the
topography,
information,
including depth to groundwater
and
infiltration
appropriate,
rate
where
surface and groundwater hydrology, wetlands on
the site and, if necessary, drainage patterns
from adjacent lands;
Describes
impacts
the
of
the
proposed
development on topography, soils, surface and
groundwater hydrology on the site and adjacent
lands;
Describes
impacts
on
potential
adverse
wetlands;
Indicates the source location and description
of proposed excavation and fill material;
Indicates, for any water-dependent activity,
the location of, and potential adverse impacts
upon,
shellfish
aquatic
beds,
submerged
vegetation,
fish
spawning
and
and
nursery
areas;
(f)
Lists all federal,
state and local permits
required for the development of the site; and
(g)
Describes the proposed mitigation measures for
the potential adverse hydrogeological impacts
of the project;
(4)
A landscape element that:
Identifies and delineates the location of all
(a)
trees
of
six-inch
or
diameter
greater
at
breast height.
Where there are groups of
trees, stands may be outlined;
(b)
Describes
proposed
impacts
the
the
development or redevelopment will have on
existing vegetation. Such information shall
include:
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528
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530
531
532
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(D)
537
538
539
540
541
542
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546
547
548
1.
2.
3.
Limits
clearing,
on
all
based
of
anticipated
including
improvements,
buildings, drives, and utilities;
Delineation of all trees which will be
removed; and
Description
species
plant
to
be
of
disturbed or removed.
(c)
Describes
measures
the
for
proposed
mitigation, which should include:
A replanting schedule for trees and other
vegetation
construction,
1.
2.
3.
removed
for
including a list of plants and trees to
be used;
A demonstration that the design of the
plan will preserve to the greatest extent
possible any trees and vegetation on the
si te and will provide maximum erosion
control and overland flow benefits from
such vegetation; and
A demonstration that indigenous plants
are to be used to the greatest extent
possible.
Submission and review requirements.
( 1)
(2)
There shall be submitted to the director for review
such number of copies of all site drawings and
information as the director may
other required
require.
All information required in this section shall be
prepared by a professional engineer, a certified
landscape architect or a certified land surveyor,
provided, however, that the landscape element may
be prepared by a qualified professional, as defined
by
the
Landscaping
provided
City's
Parking
Foundation
Lot
and
Specifications
Standards;
and
and
further,
landscaping
for
plans
that
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560
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562
563
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section 110.
Any
(3)
single-family
residential
development
or
redevelopment
subject
Subdivision
not
to
the
Ordinance shall not be required to be prepared by a
qualified professional.
A water quality impact assessment shall be prepared
and submitted to the Director and reviewed by the
Committee in conjunction with section 110 (plan of
development process) of this ordinance.
Plan of development process.
or
redevelopment
having
construction
development
a
footprint exceeding two thousand five hundred (2,500) square feet
shall be accomplished through a plan of development process prior
to any clearing or grading of the site or the issuance of any
building permit.
(A)
Required information.
The following plans shall be
submitted,
unless
otherwise
provided
for
or
deemed
unnecessary by the committee director:
(1)
(2)
(3)
A site plan or a subdivision plat meeting the
requirements
site
ordinance
of
the
plan
or
subdivision ordinance, as the case may be;
An environmental features survey;
A landscape plan;
(4)
plan
meeting
the
stormwater
management
A
requirements of the stormwater management ordinance
[Appendix D];
(5)
An erosion and sediment control plan meeting the
requirements of the city's erosion and sediment
control and tree protection ordinance; and
(6)
A water quality impact assessment, if required by
section 109 of this ordinance.
(B)
Environmental features survey. An environmental features
survey shall be submitted in conjunction with final
subdivision plat or site plan review.
(1)
Such plan shall be drawn to scale and clearly
delineate the following environmental features:
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595
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598
599
600
601
602
603
604
605
606
607
(C)
608
609
610
611
612
613
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615
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617
618
(2)
(3)
(a) Tidal wetlands;
(b) Tidal shores;
(c) Nontidal wetlands connected
by
perennial
surface flow and contiguous to tidal wetlands
or tributary streams;
(d)
(e)
Highly erodible soils;
A buffer area one hundred (100) feet in width,
located adjacent to and landward of components
(a) through (d) and along both sides of any
tributary stream.
The
location
nontidal
wetlands
and
extent
of
referred
in
(1) (c)
hereinabove
shall
be
to
determined
in
with
accordance
the
procedures
specified in the Federal Manual for Identifying and
Delineating Jurisdictional Wetlands, as restricted
by the definition of nontidal wetlands set forth in
section 103 of this ordinance.
The environmental features survey plan shall be
drawn to the same scale as the preliminary site
plan or subdivision plat, and shall be certified as
complete and accurate by a professional engineer,
certified landscape architect or certified land
surveyor.
Landscape Plan.
A landscape plan shall contain the following:
( 1)
(a)
delineation
and
location,
size,
of
the
A
description of existing and proposed plant
material.
All existing trees on the site of
six-inch or greater diameter at breast height
shall be shown on the landscaping plan.
Where
there are groups
of
trees,
stands may be
outlined instead.
The specific number of such
trees to be preserved outside or within the
construction footprint shall be indicated on
the plan.
Trees to be removed to create a
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641
642
643
(2)
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646
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648
649
650
651
652
653
(b)
(c)
(d)
(e)
(f)
desired
construction
footprint
shall
be
clearly delineated on the landscape plan.
If
no
mitigation
or
planting
is
required,
existing
trees
delineated
be
on
the
may
environmental features survey;
A delineation of any required buffer area and
any plant material to be added to establish or
supplement the buffer area;
within the buffer area, a designation of the
trees to be removed for sight lines, vistas,
access paths and best management practices,
and any vegetation replacing trees removed
from the buffer area;
A designation of the trees to be removed for
shoreline
stabilization
projects
and
any
replacement vegetation;
A depiction of grade changes or other work
adjacent to trees which would adversely affect
them.
Specifications shall be provided as to
how grade,
drainage,
and aeration would be
maintained around trees to be preserved; and
Specifications for the protection of existing
trees during clearing, grading, and all phases
of construction.
Plant Specifications.
Plant specifications shall
be as follows:
(a)
(b)
All plant materials necessary to supplement
the buffer area or vegetated areas outside the
construction
footprint
shall
be
installed
according to standard planting practices and
procedures.
All
supplementary
replacement
plant
or
materials shall be in a healthy condition.
Plant materials shall conform to the standards
of the most recent edition of the American
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(3)
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(4)
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686
687
standard for Nursery stock, published by the
American Association of Nurserymen.
(c)
Where areas to be preserved are encroached
upon, replacement of existing trees and other
vegetation shall be achieved at a ratio of
three (3) trees planted to one tree greater
than six (6) inches diameter at breast height
removed, or by such other measures as in the
judgment
COHm\ittcc
of
director
the
will
adequately compensate for the removal of such
trees and other vegetation.
Replacement trees
shall be a minimum two (2) to two and one-half
(2~) caliper at the time of planting.
Maintenance.
Maintenance of vegetation shall be as
follows:
(a)
The applicant shall be responsible for the
maintenance and replacement of all vegetation
required by the provisions of this ordinance.
(b)
In buffer areas
and areas
outside
of
the
construction footprint, plant material shall
be tended and maintained in a healthy growing
condition and free from refuse and debris.
Unhealthy,
dying,
or
dead
plant
materials
shall be replaced during the next planting
season, as required by the provisions of this
ordinance.
The landscape plan shall be drawn to the same scale
as the preliminary site plan or final subdivision
plat,
and
submitted
shall
be
complete
and
as
accurate by a qualified professional, as defined by
the City's Parking Lot and Foundation Landscaping
Specifications and Standards; provided,
however,
that landscape plans for single-family residential
development or redevelopment not subj ect to the
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(D)
691
692
693
694
695
696
697
698
699
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
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720
721
722
Subdivision Ordinance shall not be required to be
prepared by a qualified professional.
stormwater Management Plan. A stormwater management plan
shall be submitted as part of the plan of development
process required by this ordinance and in conjunction
with preliminary site plan or final subdivision plat
approval.
(1)
The stormwater management plan shall contain maps,
charts,
graphs,
tables,
photographs,
narrative
descriptions,
explanations,
and
supporting
references. At a minimum, the stormwater management
plan shall contain the following:
a.
Location and design of all planned stormwater
control devices;
b.
Procedures
implementing
for
non-structural
stormwater control practices and techniques;
c.
Predevelopment and postdevelopment nonpoint
source
pollutant
supporting
loadings
with
documentation of all utilized coefficients and
calculations;
d.
stormwater
For
management
facilities,
verification of structural soundness,
which
shall be certified by a professional engineer
or a certified landscape architect.
(2)
All engineering calculations shall be performed in
accordance with current City of Virginia Beach
Public Works Standards and Specifications.
(3)
The plan shall establish a long-term schedule for
inspection and maintenance of stormwater management
consistent with the city's stormwater management
ordinance [Appendix DJ.
(E)
Erosion and sediment control plan.
An erosion and
sediment control plan meeting the requirements of the
provisions of article III of chapter 30 of the Code of
the City of Virginia Beach (City Code sections 30-56
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725 (F)
726
727
728
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
through 30-78) shall be submitted with the preliminary
site plan or final subdivision plat.
Performance and bonding requirements.
(1)
(2)
(3)
(4)
No approved plans required by this section shall be
released until the applicant provides performance
bonds or other form of surety acceptable to the
city attorney,
provided,
however,
that when the
occupancy of a structure is desired prior to the
completion of the required landscaping, stormwater
management facilities, or other specifications of
an approved plan, a building permit and certificate
of
issued
if
be
the
applicant
occupancy
may
provides to the City of Virginia Beach a form of
surety satisfactory to the ci ty attorney in an
amount equal to the estimated cost of construction,
related materials, and installation costs of the
required landscaping or other specifications and
maintenance
required
costs
for
stormwater
any
management facilities.
All required
landscaping shall
be
installed as
approved by the end of the first planting season
following issuance of a certificate of occupancy or
the surety shall be forfeited to the city.
All required stormwater management facilities or
other
specifications
and
installed
shall
be
approved wi thin eighteen
(18)
months of proj ect
commencement.
Should the applicant fail,
after
proper notice, to initiate, complete or maintain
appropriate actions required by the approved plan,
the surety may be forfeited to the city, which may
also collect from the applicant the amount by
which
the
reasonable
required
actions
cost
of
exceeds the amount of the surety held.
After all required actions of the approved plan
have been completed, the applicant shall submit to
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781
782
783
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788
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790
791
section 111.
(A)
the
director
a
final
written
request
for
a
inspection.
If the requirements of the approved
plan
have
been
completed,
such
unexpended
or
unobligated portion of the surety held shall be
refunded to the applicant or terminated within
sixty
(60)
following
days
receipt
the
of
the
applicant's request for final inspection.
(5)
Prior to the issuance of any grading, building or
other
permit
site
activities
for
involving
development activities, the applicant shall furnish
to the city a reasonable performance bond,
cash
escrow, letter of credit or other legal surety, or
any combination thereof acceptable to the city
attorney, to ensure that measures may be taken by
the city,
at the applicant's expense,
should he
fail,
after
notice,
within
the
time
proper
specified,
initiate
to
maintain
appropriate
or
conservation action which may be required of him as
a result of his site development.
(6)
Any applicant, or potential applicant, may confer
wi th such departments and other agencies of the
city as may be appropriate concerning a general
development
redevelopment
proposal
before
or
submission of an application.
Such conference
shall not require formal application, the payment
of fees, or submission of a plan of development,
and shall not be construed as an application for
approval of such proposal.
Nonconforming buildings and structures.
Any use, building or structure which lawfully existed on
conformity with
the date of adoption of this ordinance and which
is not in
any
of
provisions
of
this
the
one
or more
ordinance, and any use, building or structure which lawfully exists
on the date of adoption of any amendment to this ordinance and
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797
798
799
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801
802
803
804
805
806
807
808
809
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813
814
815
816
817
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820
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825
826
which is not in conformity with such amendment, shall be deemed
nonconforming.
(B)
No change of use or extension, enlargement, relocation or
substantial
alteration
of
nonconforming
building
a
use,
or
structure which would increase the area of impervious cover of the
lot upon which it is located or increase the nonpoint source
pollution
runoff
load
from the
lot
shall
be
allowed
unless
authorized by the board in accordance with the procedures and
standards specified in section ~ 113 of this ordinance or by the
committee director pursuant to subsection (E).
(C)
Any action of the board permitting a change of use, or
the extension, enlargement, relocation or alteration of a use,
building or structure subject to the provisions of this section
shall be null and void twelve (12) months from the date of its
adoption unless substantial work has commenced and is diligently
pursued.
(D)
Nothing in this section shall be construed to prohibit
the reconstruction or restoration of any nonconforming building or
structure which is destroyed or damaged by reason of casualty loss,
provided that the area encompassed by such building or structure,
as
reconstructed
or
enlarged.
is
restored,
not
extended
or
Relocation of a building or structure shall be allowed only as
provided in subsection (B) hereof.
(E)
application
or
extension,
Any
for
change
of
a
use
enlargement,
relocation
substantial
alteration
of
or
a
nonconforming use, building or structure shall be reviewed by the
committee director.
If the committee director determines that the
proposed action would not increase the area of impervious cover of
the lot upon which the use, building or structure is located and
would not increase the nonpoint source pollution runoff load from
the lot, the committee director shall approve the application.
If
the committee director determines that any increase in nonpoint
source pollution runoff load may be prevented by the use of best
management practices or other mi tigation techniques,
it shall
approve the application upon the condition that such practices or
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858
859
techniques, or a combination thereof, be employed.
The committee
director may establish such review policies as it may deemed
expedient in effectuating the intent of this section.
(F)
Notwithstanding any other provision of this section,
where the requirements for buffer area reductions pursuant to
section 108{B) are met, the committee director shall approve any
change of use or extension, enlargement, relocation or substantial
alteration of a nonconforming use, building or structure in the
landward fifty (50) feet of the buffer area.
Section 112.
Exemptions.
(A)
Exemptions for public facilities.
(1)
Construction,
and
installation,
operation
maintenance
electric
of
telephone
lines,
and
railroads,
public
their
roads
and
appurtenant
structures in accordance with all requirements of
article III of chapter 30 of the Code of the City
of Virginia Beach (City Code sections 30-56 through
30-78)
shall be deemed to be in compliance with
this ordinance.
Such appurtenant structures shall
include, but are not limited to, bridges, culverts,
guard
rails,
and
drainage
facilities,
lighting
traffic control devices, fences and berms.
(2)
Construction,
of
installation
maintenance
and
water, sewer, cable and gas lines and storm drains,
and their appurtenant facilities, and of pumping
stations,
fire hydrants,
manholes,
communication
devices and power facilities that are an essential
but incidental component of public water and sewer
projects,
shall
be
this
ordinance
exempt
from
provided that:
(a)
To the degree practicable,
the location of
such utilities and facilities shall be outside
resource protection areas;
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870
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873
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875
876
877
878
879
880
881
882
883
884
885
(B)
886
887
888
889
890
891
(C)
892
893
894
(b)
land
No
shall
disturbed
be
than
is
more
necessary
to
provide
the
desired
for
installation;
(c)
All
construction,
installation,
and
maintenance of such utilities and facilities
shall comply with all applicable state and
federal requirements and permits and shall be
designed and constructed
in a manner that
protects water quality; and
(d)
Any land disturbance exceeding an area of two
thousand
five
square
feet
hundred
(2,500)
complies with all requirements of article III
of chapter 30 of the Code of the ci ty of
Virginia
(City
Beach
sections
Code
30-56
through 30-78).
(3)
Construction,
of
installation
maintenance
and
stormwater
quality
as
control
structures
such
pipes,
ditches,
swales,
culverts,
detention and
retention ponds,
energy dissipating devices and
ditch
protection
bank
which
required
are
or
regulated by city ordinance and which comply with
the requirements of article III of chapter 30 of
the Code of the City of Virginia Beach (City Code
sections 30-56 through 30-78) shall be deemed to be
in compliance with this ordinance.
Exemptions for silvicultural activities.
Silvicultural
activities shall be exempt from the requirements of this
ordinance provided that such activities comply with water
quality
protection
prescribed
procedures
by
the
department of forestry in its "Best Management Practices
Handbook for Forestry Operations."
Exemptions in resource protection areas.
The following
uses of land in Resource Protection Areas shall be exempt
from the provisions of this ordinance: (i) water wells;
(ii) passive recreation facilities, including, but not
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900
901
902
903
904
905
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908
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911
912
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925
926
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928
limited
to,
trails
boardwalks,
pathways;
( iii)
and
historic preservation and archaeological activities; (iv)
fences
which do
(v)
inhibit
not
surface
flow;
and
swimming
employing
pools
management
practices,
best
provided that it is demonstrated to the satisfaction of
the committee director that:
(1)
Any required permits, except those to which this
exemption specifically applies,
shall have been
issued; and
(2)
Any land disturbance exceeding an area of two
thousand five hundred
(2,500)
square feet shall
comply with all requirements of article III of
chapter 30 of the Code of the City of Virginia
Beach (City Code sections 30-56 through 30-78).
SeotioR 113.
Re~iew Committee.
(A)
There ia hereby crc;lted the Cheaape;l]ce B;l}' I'reoerv;ltion
Area Review Committee, which ah;lll be compoaed of the directora of
the dep;lrtmenta
of agriculture,
health,
development aerviceo,
permita and inopectiono, planning, public utilitiea ;lnd public
yor]co¡ the director of the office of environmental m;ln;lgement; the
landoc;lpe aervicea adminiatr;ltor; or their reopective deoigneeû.
The committee ahall h;lve ouch authority aa ia conferred upon it by
the proviaiono of thia ordinance.
(B)
The committee ah;lll elect a ch;lir ;lnd a vice ch;lir from
ita memberahip.
The ch;lir ohall preoide ;It all Meetinga of the
committee, except th;lt the vice ch;lir ah;lll preaide in the ;lboence
of the ch;lir.
The committee oh;lll act by ;l m;ljority of ;l quorum,
which ah;lll be aeven (7) member a , and Oh;lll adopt, reocind and
;lmend ouch rulea of procedure, not inconaiatent \:ith the ordin;lncea
of the city and la\la of the commonwealth, ao it m;ly deem neceao;lry
or advia;lble.
Section -1-1-4- 113.
Variances.
(A)
Applications for variances from any of the provisions of
this ordinance shall be in writing and filed with the director.
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932
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934
935
936
937
938
939
940
941
942
943
944
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946
947
948
949
950
951
952
953
954
955
956
957
958
959
960
961
962
Such applications shall identify the potential impacts of the
proposed variance on water quality and on lands within the resource
protection area through the performance of a water quality impact
assessment which complies with the provisions of this ordinance.
No such applications shall be accepted by the director unless
accompanied by a nonrefundable fee in the amount of one hundred
five dollars ($105.00).
(B)
The committee director shall review the request for a
variance and the water quality impact assessment and provide the
board with an evaluation of the potential impacts of the proposed
variance and such other information as may aid the board in
considering the application.
~ The director shall transmit the
application and
supporting
information and evaluation to the
members of the board and the applicant no less than five (5) days
prior to the scheduled hearing on such application.
(C)
Not later than sixty (60) days after the receipt of an
application,
the
board
a public
shall
hearing
hold
on
such
application.
Notice of the time and place of the hearing shall be
published no less than once per week for two (2) consecutive weeks
prior to such hearing in a newspaper having a general circulation
in the city.
The second such notice shall appear not less than
five ( 5) days nor more than twenty-one (21) days pr ior to the
hearing.
(D)
In addition to the foregoing requirements, the applicant
shall cause to be posted on the property which is the subject of
the hearing a sign, of a size and type approved by the board,
clearly visible and legible from the nearest public street.
Such
sign shall be posted not less than fifteen (15) days from the
public hearing and shall state the nature of the application and
date and time of the hearing.
In the event such sign is removed,
obscured or otherwise rendered illegible prior to the hearing, the
board may deny or defer the application.
Any application deferred
by
the
board
noncompliance
by
with
of
the
posting
reason
requirements of this section shall not thereafter be heard unless
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967
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969 '
970
971
972
973
974
975
976
977
978
979
980
981
982
983
984
985
986
987
988
989
990
991
992
993
994
995
996
997
and until an additional fee in the amount of one hundred dollars
($100.00) is paid.
(E)
The board may make,
alter and rescind rules for its
procedures not inconsistent with the provisions of this section;
provided, however, that a quorum shall be not less than a majority
of all of the members of the board, and provided further, that the
concurring vote of a majority of the full membership of the board
shall be required to grant any variance.
(F)
No variance shall be granted unless the board finds that:
(1)
Granting the variance will not confer upon the
applicant any special privileges not accorded to
other
in
of
property
Chesapeake
Bay
owners
Preservation Areas;
(2)
The application is not based upon conditions or
circumstances that are or have been created or
imposed by the applicant or his predecessor in
title;
(3)
The variance is the minimum necessary to afford
relief;
(4)
The variance will be in harmony with the purpose
and intent of this ordinance, and not injurious to
the neighborhood or otherwise detrimental to the
public welfare; and
(5)
There will be no net increase in nonpoint source
pollution load.
No variance shall be granted unless reasonable and appropriate
conditions are imposed which will prevent the variance from causing
or contributing to a degradation of water quality.
(G)
Any party aggrieved of a decision of the board may,
within thirty (30) days of the date of such decision, petition the
circuit court to review such decision.
The procedure in such cases
shall be as provided in section 15.1-497 of the Code of Virginia,
as amended.
No party having failed to appear at the hearing before
the board and object to the application at that time shall be
deemed to be an aggrieved party; provided, however, that the city
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1021
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1024
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1032
shall
standing
any
have
decision
to
appeal
of
the
board
irrespective of not having appeared before the board as otherwise
required by this section.
(H)
The circuit court may affirm,
reverse or modify any
decision of the board, and may impose any reasonable conditions in
its judgment; provided, however, that no decision of the board
shall be disturbed unless the court shall find that:
(1)
The decision appealed
based upon the
from was
erroneous application of the criteria set forth in
subsection (F)
hereof or was based upon grounds
other than those set forth therein;
(2)
There was no substantial evidence upon which the
board could have made all findings required by
subsection (F);
(3)
(4)
The decision of the board was plainly wrong; or
failed
The
board
impose
to
reasonable
and
appropriate conditions intended to prevent the
variance from causing or contributing to a
degradation of water quality.
Section -1-1-S 114.
Appeals.
(A)
Any order, determination or decision made by ~
committee or any administrative officer in the administration
or enforcement of this ordinance may be appealed to the board
by application filed with the director within fifteen (15) days
from the date of such order, determination or decision.
Such
application shall state with particularity the grounds of such
appeal.
Any application failing to do so shall be rejected by
the director.
The filing of an appeal shall not stay any
proceedings in furtherance of the action appealed from.
(B)
notice
procedures
requirements
The
fees,
and
pertaining to appeals shall be as set forth in section 114;
provided,
however,
that the provisions
subsection
of
(B)
thereof shall not apply.
(C)
Any party aggrieved of any determination of the board
shall have the right to petition the circuit court to review a
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1037
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1040
1041
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1046
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1057
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1060
1061
1062
1063
1064
decision of the board made pursuant to this section.
The
provisions of subsection (G) of section 114 of this ordinance
shall apply in such cases.
section ~ 115.
violations.
(A)
violation
any
A
of
provisions
of
the
of
this
ordinance shall be a misdemeanor punishable by a fine in an
amount
exceeding one
or
not
thousand dollars
($1,000.00)
confinement in jail for a period not exceeding twelve (12)
months, either or both.
(B)
In addition to, and not in lieu of, the penalties
prescribed in subsection (A) hereof, the city may apply to the
circuit
injunction
court
for
against
the
continuing
an
violation of any of the provisions of this ordinance and may
seek any other remedy authorized by law.
(C)
Upon notice from the city manager or his designee
that any activity is being conducted in violation of any of the
provisions of this ordinance, such activity shall immediately
be stopped.
An order to stop work shall be in writing and
shall state the nature of the violation and the conditions
under which the activity may be resumes.
No such order shall
be effective until it shall have been tendered to the owner of
the property upon which the activity is conducted or his agent
or to any person conducting such activity.
Any person who
shall continue an activity ordered stopped, except as directed
in the stopwork order, shall be guilty of a violation of this
ordinance.
Section -1-1-1- 116.
Severability.
The provisions of this ordinance shall be deemed to be
severable, and if any of the provisions hereof are adjudged to
be invalid or unenforceable, the remaining portions of this
ordinance shall remain in full force and effect and their
validity shall remain unimpaired.
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1083
Section U& 117.
Vested Rights.
The provisions of this ordinance shall not affect the
vested rights of any person under existing law.
Section ~ 118.
Enforcement.
This ordinance shall be enforced by the city manager or
his designee,
who shall exercise all authority of police
officers in the performance of their duties.
Such authority
shall include,
wi thout limitation,
the authority to issue
summonses directing the appearance before a court of competent
jurisdiction of any person alleged to have violated any of the
provisions of this ordinance.
Section ~ 119.
Effective date.
This ordinance shall become effective on the first day of
January, 1991.
Adopted by the Council of the City of Virginia Beach,
Virginia on the
23
day of
June.
, 1992.
CA-4684
\ORDIN\PROPOSED\50-103ET.PRO
R-1
APPROVED AS TO CONTENTS
r.~
[ ~'""
~~
DEPAR;ðNT
APPROVED AS TO FORM
32
- 36 -
Item V-H.6. a/b
ORDINANCES
ITEM # 35767
Upon motion by Vice Mayor Fentress,
Counc i I ADOPTED:
seconded by Counci Iman Clyburn,
City
Ordinances
Ordinance:
AMEND
and
REORDAIN
to
the
City
Zoning
Section 111 re definitions
Sections 215, 221, 239.1, 273, 1403 thru 1406 and
1603 thru 1605 re nonconforming signs, procedural
requ i rements, genera I standards for cond i t i ona I
uses, private sewage treatment and permits.
Vot i ng:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Council Members Absent
Lou i s R. Jones
I..~~ ')<:
1 ""r"'"
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AN ORDINANCE TO AMEND AND
REORDAIN SECTIONS 215, 221,
239.1, 273, 1403, 1404, 1405,
1406,1603,1604 AND 1605 OF THE
CITY ZONING ORDINANCE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
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BEACH, VIRGINIA:
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That sections 215, 221, 239.1, 273, 1403, 1404, 1405, 1406,
1603, 1604 and 1605 of the City Zoning Ordinance of the City of
Virginia Beach, Virginia, are hereby amended and reordained to read
as follows:
Section 215.
Nonconforming signs.
(a)
Notwithstanding the provisions of section 105(f) of this
ordinance, no nonconforming sign shall be structurally altered,
enlarged, moved or replaced, whether voluntarily or by reason of
involuntary damage to or destruction of such sign, unless such sign
is brought into compliance with the provisions of this ordinance.
No nonconforming sign shall be repaired at a cost in excess of
fifty (50) percent of its original cost unless such sign is caused
to comply with the provisions of this ordinance.
Any nonconforming
sign which is not maintained continuously in good repair, and any
nonconforming sign which is abandoned for a period of two (2) years
shall be removed.
For purposes of this section, a sign shall be
deemed to be abandoned
if
no copy or advertising matter
is
exhibited on the advertising faces of such sign.
(b)
Notwithstanding the provisions of subsection (a) hereof,
the zoning administrator may,
at his discretion and with the
concurrence of the director of pcrmito and inopcctiono planninq,
vary the requirements of this ordinance pertaining to the allowed
number of signs, total sign area, individual sign area, number of
free-standing signs and height of free-standing signs in cases in
which the owner of a sign or other proper party desires to repair,
replace, relocate or structurally alter an existing nonconforming
sign
combination
signs
of
and
repair,
such
replacement,
or
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relocation or structural alteration is not required, or has not
been
made
by
of
damage,
destruction,
necessary,
reason
deterioration, disrepair or noncompliance with applicable building
code
standards
provisions
of
the
this
ordinance;
of
or
any
provided, however, that the regulations set forth in subsections
(c) and (d) of Section 944.1 of this ordinance shall not be so
varied.
(c)
Nothing in this section shall be construed to limit or
otherwise impair the right of any proper party to apply to the
Board of Zoning Appeals for a variance from any of the sign
regulations set forth in this ordinance.
section 221.
Procedural requirements and general standards for
conditional uses.
(a)
Application for condi tional use permi t .
Any property
owner,
developer,
optionee,
lessee,
prospective
occupant,
governmental official, department, board, or bureau may file with
the planning director an application for a conditional use permit,
provided that the condi tional use sought is permitted in the
particular district; and provided further that in the case of other
than the owner, the application is acknowledged by the owner of the
property.
The application shall be accompanied by a plan showing
the actual dimensions and shape of the lot, the exact sizes and
locations on the lot of existing buildings, if any, the general
location of proposed buildings,
if any,
and the existing and
proposed uses of structures and open areas; and by such additional
information relating to topography, access, and surrounding land
uses.
(b)
The application shall be accompanied by the
Fees.
following fees to cover the costs of processing the application and
publication of the notice of public hearing:
six hundred twenty-
eight dollars ($628.00) for all applications except:
(1)
either
a
non-profit
Those
submitted
by
organization
application
for
a
home
or
an
occupation under section 234 of the city zoning
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ordinance.
The fee for these applications shall
be one hundred thirty dollars ($130.00)~T-&P
(2)
ThoDC Dubmittcd to allow n singlc family dwclling
in AC 1 Boning.
Thc fcc for thCDC applicntiona
Dhall bc fifty two dollarD ($52.00).
(c)
Action by the planning director.
The planning director
shall study the application and shall confer with pertinent city
agencies to determine whether the proposed conditional use conforms
to the general purpose and intent of the comprehensive plan, any
applicable regulations that have been adopted, and the requirements
of this ordinance.
Upon completion of such review, if the director
shall determine that any proposal in the application does not meet
the requirements of this ordinance, he shall reject the application
and
it
the
forthwith,
return
with
its
accompanying
fee,
to
applicant.
If the application does not meet the requirements of
this ordinance, the director shall transmit all the findings and
recommendations of the city agencies to the planning commission.
However, nothing herein shall prohibit the director from accepting
a conditional use permit application
if
failure to meet the
applicable requirements
is due solely to area or dimensional
insufficiency of the lot upon which it is proposed.
Any appeal
from the decision of the planning director may be made directly the
city manager.
(d)
Action by the planning commission.
After receiving the
report of the director, with all pertinent related material, the
planning commission shall give notice of and hold a public hearing.
within forty-five (45) days after the hearing, the commission shall
submit its recommendations to the city council through the planning
director; provided, however, that upon mutual agreement between the
commission and the applicant, such time may be extended.
(e)
Action
the
city
council.
by
receiving
After
recommendations of the city agencies and the planning commission,
the city council shall hold a public hearing and act upon the
proposed conditional use, granting the application in whole or in
part, with or without modifications, or denying it.
In addition to
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the general or specific requirements set forth in this ordinance
concerning the proposed use, which shall be considered minimum
requirements with respect to the permit, additional requirements,
conditions and safeguards may be added by the city council as
required for the protection of public interest in the specific
case.
In any case where the area or dimensions of the subject site
or existing structures on the si te fail to meet the minimums
established by this ordinance,
council shall not approve such
application
it
finds
unless
conditions
that
to
its
attached
approval satisfactorily offset the negative effects inherent in the
area or dimensional deficiency.
(f)
Rehearing the condi tional use permi t. Where city council
finds that there is public benefit to be gained by modifying a
conditional use permit under consideration, and that significant
public inconvenience would not result from consideration within one
(1) year of the modified request, it may allow withdrawal of an
application for a conditional use permit during public hearing;
however,
if the conditional use permit is denied by the city
council, substantially the same application shall not be filed
within one (1) year of denial.
(g)
[Term of condi tional use permi t . ]
Unless otherwise
provided when a conditional use permit is issued, the applicant
must show and bear evidence in good faith of his intention to
proceed with the construction and use of the land.
Construction
shall begin or the use of the land for which a conditional use
permit has been obtained shall commence within twelve (12) months
from the date of issuance of said permit; otherwise, said permit
shall be void.
Prior to the ending of the twelve-month period,
upon written request by the applicant to the planning director, the
planning director, if he finds that the conditional use permit is
still in compliance with all applicable ordinances and policies,
shall extend the use permit for an additional six (6) months.
If
the use permit has still not been activated at the end of that
period, then upon written request by the applicant to the planning
director, the planning director, if he finds that the conditional
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use permit is still in compliance with all applicable ordinances
and policies, shall extend the use permit for an additional three
(3) months.
All conditional use permits not acted upon as set
forth above shall become void twenty-one (21) months from date of
issuance.
conditional
Once
the
permit
is
activated
by
use
commencement of construction or use, then the general and specific
conditions attached to the conditional use permit shall constitute
additional zoning regulations and requirements for the site which
to the extent of any conflict shall supersede the zoning district
regulation.
Notwithstanding anything
in the
zoning district
regulations to the contrary, no uses other than those set forth in
the conditional use permit and those uses accessory thereto shall
be allowed on the site until (1) the conditional use is removed in
its entirety from the site, or (2) city council adopts an ordinance
allowing
modifications
conditions
to
the
terminating
the
or
conditional use permit in whole or in part.
Whenever construction
or use in conjunction with a conditional use permit is abandoned or
is not carried to completion with due diligence, the city council
may by ordinance revoke the conditional use permit, in which case
any further use or construction on the site shall be in conformance
with the provisions of this ordinance effective at the time the
further use or construction is initiated.
Construction or use
shall be deemed to have been initiated when any part of the
structure, including foundation, has been put in place.
(h)
[Revocation
use
conditional
permit.]
of
If
the
provisions of this ordinance or the requirements of the conditional
use
permit
may
city
council
not
met,
then
revoke
the
are
conditional use permit provided that ten (10) days written notice
is given to the applicant and a public hearing is held.
(i)
Compliance with requirements.
No conditional use permit
shall be issued except upon a finding by the city council that the
proposed use conforms to the requirements
set forth
in this
ordinance or that any deficiencies
area
or dimension are
of
satisfactorily offset by attached conditions and that the proposed
conditional use, together with the conditions attached, will be
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compatible with the neighborhood in which it is to be located, both
in terms of existing land uses and conditions and in terms of
proposed land uses and uses permitted by right in the area.
Among
matters to be considered in this connection are traffic flow and
control; access to and circulation within the property; off-street
parking and loading; refuse and service areas; utilities; screening
and buffering; signs, yards and other open spaces; height, bulk and
location of structures; location of proposed open space uses; hours
and manner of operation; and noise, light, dust, odor, fumes and
vibrations.
(j)
Conformity with adopted plans.
The proposed conditional
use shall be in accord with the purposes of the comprehensive plan
and all the zoning regulations and other applicable regulations.
(k)
Administrative renewal of use permits.
All use permits
unless
otherwise
the
city
provided
in
specific
instances
by
council, which are subject to time limitations may be reviewed and
extended for like periods of time, after a determination by the
director of planning that the continuation of the use permit would
not be detrimental to the public health, safety, and welfare and
that to continue the activity under the use permit would not cause
public
inconvenience,
annoyance,
disturbance or have an undue
impact on the community or be incompatible with other uses of land
in the particular
zoning district.
Among the matters to be
considered in this connection, based in part upon a physical site
review, are traffic flow and control; access to and circulation
within the property; off-street parking and loading; refuse and
service areas; utilities; screening and buffering; signs, yards and
other
height,
build and
location of
structures;
open spaces;
location
of
proposed
hours
and
manner
of
open
space
uses;
operation; and noise, light, dust, odor, fumes and vibrations.
Any person aggrieved by the decision of the director of
planning may, upon his request wi thin thirty
(30)
days of the
decision, with respect to the issue of approval or conditions
attached to approval, have the matter reviewed by the planning
commission and the city council after following the procedure set
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forth in section 221(a) of the zoning ordinance.
This shall not be
construed to limit the rights of any aggrieved person under section
221(h) of this ordinance.
Section 239.1.
Private sewage treatment facilities.
(a)
An application for a conditional use permit for a private
sewage treatment facility shall be accompanied by an engineering
study, which shall include a bioassay of the receiving waters and
a
wasteload
allocation.
by
Such
reviewed
study
shall
be
appropriate departments of the city to determine whether the
effluent discharged from the proposed facility will degrade the
ambient water quality of the receiving stream or other waterbody or
have an adverse effect upon groundwater.
Only those applications
in which the engineering study demonstrates that the ambient water
quality of the receiving stream or other waterbody will not be
degraded, and that the groundwater will not be adversely affected,
by the effluent discharged by the proposed facility shall be
transmitted to the planning commission by the planning director.
All other applications shall be returned to the applicant by the
planning director.
(b)
Private sewage treatment facilities shall be permitted
only
conditional
uses
in
the AG-1
and AG-2
Agricultural
as
Districts and in Residential Districts.
No such facility shall be
permitted in any district as an accessory use or in a Resource
Protection Area.
(c)
No such facility shall be permitted on any site
for which public sewer systems are reasonably available.
(d)
The following requirements and restrictions shall be
condi tions of all conditional use permits granted by the city
council pursuant to this section, whether or not expressly stated:
(1)
In the event a public sewer system operated by
the City of Virginia Beach or the Hampton Roads
Sanitation District becomes reasonably available
to a site served by a private sewage treatment
facility, the facility shall, within such time as
may be prescribed in the conditional use permit,
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(2)
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(3)
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(4)
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be
decommissioned
conveyance
its
and
sewage
system connected to the public system.
The cost
of decommissioning and connection to the public
sewer system shall be borne by the owner or
operator of the facility and shall be bonded or
otherwise secured by appropriate surety prior to
the issuance of a building permit;
Such facilities shall be configured so as to
facilitate connection to the public sewer. system;
Such facilities shall be subject to inspection by
the
city
upon
times
at
all
reasonable
and
reasonable notice;
The operator of the facility shall take samples
of influent and effluent from the facility on a
daily basis and shall analyze, or contract with a
laboratory to analyze, such parameters as may be
deemed necessary by the director of the office of
environmental
management.
Analyses
shall
be
submittèd to the director monthly.
At a minimum,
such
parameters
waived
shall,
unless
by
the
director, include the following:
(i)
( ii)
biochemical oxygen demand (BOD);
total suspended solids (TSS);
(iii)
(iv)
fecal coliform;
total residual chlorine, if chlorine is
used;
(v)
(vi)
ammonia (as elemental nitrogen);
oil and grease;
(vii)
(viii)
discharge flow;
dissolved hydrogen (pH);
(ix)
(x)
temperature;
total organic carbon (TOC);
In the event any discharge parameter set forth in
the
facility's
Pollutant
Discharge
Virginia
Elimination System (VPDES)
Permi t is exceeded,
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the
operator
immediately
shall
notify
the
director
of
office
the
of
environmental
management planninq director.
The director may,
in such cases, require submissions of effluent
analyses more frequently than once per month;
(6)
There shall be an annual fee paid by the owner or
operator of the plant in such amount as will
defray the cost of inspection and monitoring by
the city;
(7)
Operators shall be certified in accordance with
the Rules and Regulations of the state Board for
Certification of Operators of Wastewater Works.
(e)
The provisions of this section shall be deemed to be
severable.
Section 273.
provisions ot acceptable alternatives.
Any person who may be required to
install
screening
in
conjunction with land development and who believes that by virtue
of
special
topography,
unique
considerations
site design,
of
relationships to other properties or existing natural vegetation,
the application of the specific standards are ineffective in
fulfilling the requirements of this section, may submit to the
landocapc ocrvioco ûdminiotrûtor planning director a specific plan
for development showing how the purposes of this section may be met
by measures other than those listed above.
The landocape oerviceo
adminiotrator planninq director, after consulting with appropriate
city officials, may approve modifications to established standards
so long as the effect and intent of the established standards are
achieved.
Section 1403.
Applications tor permits.
(a)
Any person who desires to use or develop any wetland
within this city, other than for those activities specified in
section 1402 above, shall first file an application for a permit
with the wetlands board directly or through the commission.
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(b)
An application shall be accompanied by plans and other
data in reference to the proposed use or development.
Plans shall
be prepared, stamped and endorsed by such qualified professional
licensed to practice in the Commonwealth of Virginia as the ~
engineer planninq director may require; provided, however, that
this requirement may be waived if,
in the judgment of the ~
engineer planninq director, the nature of the work to be performed
renders
it
unnecessary.
application
include
An
shall
the
following:
The name and address of the applicant;
a detailed
descr iption of the proposed acti vi ty and a map,
drawn to an
appropriate and uniform scale, showing the area of wetland directly
affected,
with
thereon,
location
the
of
the
proposed
work
indicating the area of existing and proposed fill and excavation,
especially the location, width, depth and length of any proposed
channel
disposal
area;
and
existing
the
all
and
proposed
structures; sewage collection and treatment facilities, utility
installations,
roadways,
and
other
related
appurtenances
or
facilities, including those on adjacent uplands, and the type of
equipment to be used and the means of equipment access to the
activity site; the names and addresses of owners of record of
adjacent land and known claimants of water rights in or adjacent to
the wetland of whom the applicant has notice; an estimate of cost;
the primary purpose of the project; any secondary purposes of the
project,
including further proj ects;
the public benefit to be
derived
from the proposed proj ect;
a complete description of
measures to be taken during and after the alteration to reduce
detrimental off-site effects; the completion date of the proposed
work,
project,
or structure and such additional materials and
documentation as the wetlands board or city engineer planninq
director may deem necessary.
(c)
A nonrefundable processing fee to cover the cost of
processing the application shall be charged in the amount of seven-
tenths of one (.7) percent of the total construction value of the
permit item for commercial applications with a minimum fee of two
hundred dollars ($200.00) and a maximum fee of two thousand five
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hundred dollars ($2,500.00) and one-quarter of one (.25) percent of
the total construction value of the permit item for residential
applications with a minimum fee of one hundred dollars ($100.00)
and a maximum fee of one thousand dollars ($1,000.00).
These fees
shall apply to original applications, re-applications and requests
for variance approval after the fact.
section 1404.
Public inspection of permit applications, maps,
etc.
All applications, maps, and documents relating thereto shall
be open for public inspection at the office of the city engineer
planninq department.
section 1405.
Public hearing procedure on permit applications.
Not
later
sixty
such
receipt
than
(60)
days
after
of
application, the wetlands board shall hold a public hearing on such
application.
applicant,
governing
The
the
local
body,
the
commissioner, the owner of record of any land adj acent to the
wetlands
in question,
in or
known claimants of water rights
adjacent to the wetlands in question, the Virginia Institute of
Marine Science, the Department of Game and Inland Fisheries, the
Virginia Water Control Board, the Department of Transportation and
governmental agencies expressing an interest therein shall be
notified by the board of the hearing by mail not less than twenty
(20) days prior to the date set for the hearing. The wetlands board
shall also cause notice of such hearing to be published at least
once a week f or two
weeks pr ior to such hear ing in the
(2)
newspaper having a general circulation in the City of Virginia
Beach.
Such notice shall contain a statement that copies of such
application may be examined in the office of the city engineer
planninq department.
The costs of such publication shall be paid
by the applicant.
section 1406.
Action of board on permit application.
In acting on any application for a permit, the board shall
grant the application upon the concurring favorable vote of four
( 4 ) members.
The chairman of the board, or in his absence the
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400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
acting chairman, may administer oaths and compel the attendance of
witnesses.
Any person may appear and be heard at the public
hearing.
Each witness at the hearing may submit a concise written
statement of his testimony.
The board shall make a record of the
proceeding,
which
include the
shall
application,
any written
statements of witnesses, a summary of statements of all witnesses,
the findings and decision of the board, and the rationale for the
decision.
The board shall make its determination within thirty
(30) days from the hearing.
If the board fails to act within such
time, the application shall be deemed approved.
Within forty-eight
(48)
its determination,
hours
of
the board shall notify the
applicant and the commissioner of such determination and, if the
board has not made a determination, it shall notify the applicant
and the commission that thirty (30) days has passed and that the
application is deemed approved.
The term "act" referenced above
shall be the action of taking a vote on the application.
If the
application receives less than four (4) concurring favorable votes,
this will be a determination to deny the permit.
The
board
transmit
shall
permit
of
the
to
the
a
copy
commissioner.
If the application is reviewed or appealed, then the
board shall transmit the record of its hearing to the commissioner.
Upon a final determination by the commission, the record shall be
returned to the board.
The record shall be open for public
inspection at the office of the city engineer planninq department.
Section 1603.
Applications for permits.
Any person who desires to use or alter any coastal primary
sand dune within the City of Virginia Beach, other than for those
activities specified in Section 1602 herein, shall first file an
application for a permit with the wetlands board at the office of
the city engineer planninq department in accordance with,
and
subject to the requirements of, Section 1403 of the Wetlands Zoning
Ordinance.
The wetlands board may establish a processing fee in
accordance with section 4 of Section 62.1-13.5 of the Code of
Virginia.
No person shall be required to file two (2) separate
applications for permits, if the project to be undertaken would
12
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434 '
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
require that a permit be filed in accordance with Section 62.1-13.5
of the Code of Virginia as well as this article.
Under such
circumstances, the fee accompanying the application required by
Section 62.1-13.5 shall also be the fee for the purpose of this
article.
section 1604.
Public inspection of permit applications, maps,
etc.
Application, maps, and documents relating thereto shall be
open for public inspection at the office of the city engineer
planninq department.
section 1605.
Public hearing procedure on permit applications.
Not later than sixty days after receipt of such application,
the wetlands board shall hold a public hearing on such application.
The applicant, the local governing body, the commissioner, the
owner of record of any land adjacent to the coastal primary sand
dunes in question, known claimants of water rights in or adjacent
to the coastal primary sand dunes
in question,
the Virginia
Institute of Marine Science, the Department of Game and Inland
Fisheries, the Virginia Water Control Board, the Department of
Transportation and governmental agencies expressing an interest
therein shall be notified by the board of the hearing by mail not
less than twenty (20) days prior to the date set for the hearing.
The wetlands board shall also cause notice of such hearing to be
published at least once a week for two (2) weeks prior to such
hearing in the newspaper having a general circulation in the City
of Virginia Beach.
Such notice shall contain a statement that
copies of such application may be examined in the office of the
city engineer planning department.
Adopted by the Council of the City of Virginia Beach, Virginia
on the
23
, 1992.
June
day of
CA-4681
\ORDIN\PROPOSED\45-215ET.PRO
R-2
AfPROVED AS TO CONTENTf,
~ ~
! ~ÙRE
V~
DEPART~NT
13
APPROVED AS TO FORM
~~
SIGNAIURE
CITY ATj"(\;:,'::'.'
Ætf"rc
- 37 -
Item V-H.7.
ORDINANCES
ITEM # 35768
Upon motion by Vice Mayor Fentress,
Counc i I ADOPTED:
seconded by Counci Iman Sessoms,
City
Ord i nance to TRANSFER $89,997 from the Department
of Pub I i c Works to the Department of P I ann I ng re
waterfront operations for FY 1992-93.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Haro I d
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi \I iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou is R. Jones
June 23. 1992
1
1
2
3
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $89,997
TO THE DEPARTMENT OF PLANNING FROM THE DEPARTMENT OF PUBLIC WORKS FOR
WATERFRONT OPERATIONS FOR FY 1992-93
4
WHEREAS, the task force reviewing environmental activities for the City of
5
Virginia Beach has determined that the review function of Waterfront Operations
6
within the Department of Public Works would function
more appropriately within
7
the Department of Planning,
8
WHEREAS, the directors of the Department of Planning and Department of
9
Public Works have concurred with this finding and have identified two staff
10
positions and support funding which should be transferred to the Department of
11
Planning from the Department of Public Works,
12
WHEREAS, this transfer is to be effective with other reorganizations of
13
the two departments, effective July I, 1992,
14
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
15
VIRGINIA, that funds in the amount of $89,997 be transferred from the Department
16
of Public Works to the Department of Planning and, that two full time permanent
17
positions and the incumbents of these positions also be transferred from the
18
Department of Public Works to the Department of Planning.
19
This ordinance shall be effective July I, 1992.
ADOPTED:
June 23, 1992
I
APPROVED AS TO
7~
"/
Iff
APPROVED AS TO CONTENT
. ~~JR
OFFICE OF BUDGET AND EVALUATION
- 38-
PUBLIC HEARING
ITEM # 35769
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
(a) D.M. MALBON
NONCONFORMING USE
(b) RICHARD H. AND LINDA D. PALMER
CONDITIONAL USE PERMIT
(c) WELCOME CORPORATION, d/b/a/
THRIFTY CAR RENTAL
CONDITIONAL USE PERMIT
(d) CITY ZONING ORDINANCE
Section 227/borrow pits
Section SOl/child care centers
Section 80l/social centers,
eleemosynary establishments/
athletic clubs
PLANNING - RECONSIDERATIONS
(a) THE MOST REVEREND WALTER F. SULLIVAN
RECONSIDERATION OF CONDITION
Number 4 (4/18/92)
(b) BUNGEE THRILLS, INC.
RECONSIDERATION OF CONDITIONS
Number 1,6 and 7 (3/24/92)
(c) ROSEMON! FOREST COMMERCIAL ASSOCIATES
CONDITIONAL USE PERMIT
PLANNING
(a) WHITT SESSOMS III
(b) NELSON MORRIS
STREET CLOSURE
CONDITIONAL USE PERMIT
(c) WILLIAMS HOLDING CORPORATION
and JOSEPH E. AND JACK P. BURROUGHS
CONDITIONAL USE PERMIT
T.._- '1':) 1 ("'\("'\'1
- 39 -
Item III-I.l.a.
PUBLIC HEARING
ITEM # 35770
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Counci I APPROVED In ONE MOTION Items I.l.a, b, c, d.l*, 2 and 3 of the PLANNING
BY CONSENT AGENDA.
*The Ordinance to Amend and Reordain Articles II and III of
Chapter 30 of the City Code, pertaining to Soil Removal and other
Land-Disturbing Activities. (ADOPTED under Ordinances ITEM
35760) CONSOLIDATES the Ordinance to AMEND and REORDAIN the Code
of the City of Virginia Beach, Virginia re Sections 30-37, 30-40,
30-41,30-57,30-59,30-61,30-71,30-73 and 30-74 re soil reooval
and other land disturbing activities; AND, Ordinance to AMEND
and REORDIAN Article II of Chapter 30 of the City Code, pertaining
to borrow pits.)
This Ordinance restores the fencing requirement. (See Item #35760,
Page 29).
Voti ng:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Council Members Absent
Louis R. Jones
1.,- - ~7
1 f"\f"\r">
- 40 -
Item V-I.l.a.
PUBLIC HEARING
ITEM # 35771
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Counci I APPROVED the appl ication of D. M. MALBON for the expansion of a
nonconforming use:
Application of D. M. Malbon for the Expansion of a
nonconformi ng use on certa in property located on
the south side of 18th street, 125.10 feet west of
Arctic Avenue. Said parcel contains 14,375 square
feet. VIRGINIA BEACH BOROUGH.
Resolution granting authorization for the expansion
of a nonconforming use (bulk storage yard), located
on 18th Street, west of Arctic Avenue, property of
D. M. Malbon, Borough of Virginia Beach.
The following conditions shall be required:
1. Approva I sha I I be for a per i od of one year and
shall be reevaluated by City Counci I every year.
2. Individual vehicles shall be stored for a period of
no more than ten (10) days.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Counci I of the City of Virginia Beach, Virginia, on the Twenty-
third of June, Nineteen Hundred and Ninety-Two.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Cou nc i I Members Voting Nay:
None
Cou nc i I Members Absent
Louis R. Jones
STATEMENT OF CONSENT
APPLICANT:
D. M. MALBON
APPLICATION:
Change in Nonconforming Use
18th Street/Arctic Avenue
(Virginia Beach Borough)
DESCRIPTION:
Bulk Storage Yard
CITY COUNCIL SESSION:
July 23,1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO CONTINUING THE PREVIOUS
CONDITIONS:
1 .
Approva I sha I I be for a per i od of one year and sha I I be
reevaluated by City Counci I every year.
2.
Individual vehicles shall be stored for a period of no more
than ten (10) days.
Date: Co
By:
'L
- 41 -
Item V-Ll.b.
PUBLIC HEARING
ITEM # 35772
PLANNING BY CONSENT
Upon motion by Councilman Fentress, seconded by Councilman Clyburn, City
Council ADOPTED the Ordinance upon application of RICHARD H. AND LINDA D.
PALMER for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF RICHARD H. & LINDA M.
PALMER FOR A CONDITIONAL USE PERMIT FOR A SINGLE
FAMILY DWELLING IN THE AG-2 DISTRICT RO6921443
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Richard H. and Linda
D. Palmer for a Conditional Use Permit for a single
family dwelling in the Agriculture District on the
west side of Charity Neck Road, north of Gum Bridge
Road. Said parcel is located at 3973 Charity Neck
Road and contains 2 acres. PUNGO BOROUGH.
The following conditions shall be required:
1. The single family dwelling and free-standing mobile
home must comply with all requirements of Chapter
19 of the City Code.
2. Access shall be limited to the existing curb cut.
3. A vegetated buffer shall be established on the
Western and Southern property lines where such
buffers do not exist prior to final plat
recordation. The buffer along the Southern
property line may be variable in width in order to
accommodate existing structures and driveways. The
vegetated buffers shall be established in
accordance with guidelines described in the
Comprehensive Plan. The site development plan and
final plat must include a note stating that no
development or clearing of vegetation will be
allowed within the delineated buffer areas.
Assistance in establishing buffer areas is
available from the Planning Department.
4. A wooded buffer shall be established along the
Northern property line on those areas of the parcel
which are within fifty (50) feet of the adjacent
shoreline. The buffer may be variable in width, as
necessary, in order to accommodate the residence
and sewage disposal drainfields. The buffer shall
be established in accordance with the design
criteria described in Section 7(d) of the Southern
Watersheds Management Ordinance. The site
development plan and final plat must include a note
stating that no development or clearing of
vegetation will be allowed within the delineated
buffer areas.
- 42 -
Item V-Ll.b.
PUBLIC HEARING
ITEM # 35772 (Continued)
PLANNING BY CONSENT
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of June, Nineteen Hundred and Ninety-Two.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
.Tlmp ?1
lQQ?
APPLICANT:
APPLICATION:
DESCRIPTION:
STATEMENT OF CONSENT
RICHARD H. and LINDA D. PALMER
Conditional Use Permit -
3973 Charity Neck Road
(Pungo Borough)
Single Fami Iy Dwell ing
AG-2 Agricultural District
CITY COUNCIL SESSION:
July 23, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner),
HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
By:
1 .
The single fami Iy dwell ing and free-standing mobi Ie home must
comply with all requirements of Chapter 19 of the City Code.
2.
Access shall be I imited to the existing curb cut.
3.
A vegetated buffer sha II be estab I i shed on the Western and
Southern property lines where such buffers do not exist prior
to final plat recordation. The buffer along the Southern
property I ine may be variable in width in order to
accommodate existing structures and driveways. The vegetated
buffers shall be establ ished in accordance with guidel ines
descr i bed in the Comprehens i ve P I an. The site deve I opment
p I an and f i na I p I at must i nc I ude a note stati ng that no
development or clearing of vegetation wi II be allowed within
the delineated buffer areas. Assistance in establishing
buffer areas is avai lable from the Planning Department.
4.
A wooded buf fer sha I I be estab I i shed a long the Northern
property I ine on those areas of the parcel which are within
fifty (50) feet of the adjacent shorel ine. The buffer may be
variable in width, as necessary, in order to accommodate the
residence and sewage disposal drainfields. The buffer shall
be establ ished in accordance with the design criteria
described in Section 7(d) of the Southern Watersheds
Management Ord i nance. The site deve lopment p I an and f i na I
plat must include a note stating that no development or
clearing of vegetation wi II be allowed within the del ineated
buffer areas.
~kJ
Owner
Attorney/Agent
Date:
- 43 -
Item V-Ll.c.
PUBLIC HEARING
ITEM # 35773
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council ADOPTED the Ordinance upon application of WELCOME CORPORATION, DBA
THRIFTY CAR RENTAL for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WELCOME CORPORATION,
DBA THRIFTY CAR RENTAL FOR A CONDITIONAL USE PERMIT
FOR A CAR RENTAL ESTABLISHMENT R06921356
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Welcome Corporation,
DBA Thrifty Car Rental for a Conditional Use Permit
for a car rental establishment at the southern
terminus of North Mall Drive, west of Lynnhaven
Parkway. Said parcel is located at 701 North
Lynnhaven Parkway and contains 100 square feet.
LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A maximum of ten (10) rental vehicles shall be
parked on the site.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of June, Nineteen Hundred and Ninety-Two.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor RobertE. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
June 23. 1992
STATEMENT OF CONSENT
APPLICANT:
WELCOME CORPORATION
d/b/a Thrifty Car Rental
APPLICATION:
Conditional Use Permit -
701 North Lynnhaven Parkway
(Lynnhaven Borough)
DESCRIPTION:
Car rental establ ishment
CITY COUNCIL SESSION:
July 23, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER, (or Agent
for the Owner),
HAS REVIEWED THE CONDITIONS FOR APPROVAL (REQUIREMENTS)
RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO THE VIRGINIA BEACH
CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY APPLY TO THE
REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1 .
A maximum of ten (10) rental vehicles shall be parked on the
site.
Owner
"¡ ç;¿"l
!7 . J
w.,L ..{u..<-~--
Attorney Agent
By:
Date: :Ti/¡J¡;.Z/:?, J ¡CJ"Î:L
/
- 44 -
Item V-I.l.d.
PUBLIC HEARING
ITEM # 35774
PLANNING BY CONSENT
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Counci I ADOPTED:
Ordinances to AMEND and REORDAIN the City Zoning
Ordinance:
Section 227 re borrow pits (As Amended, to restore
fencing of borrow plts)*
Section 501 re use regulations for chi Id care
centers and ch i I d care education centers in
churches
Section 801 re use regulations for social centers,
e I eerrK>synary estab Ii shments and ath I et i c clubs in
the Office Districts
*The Ordinance to Amend and Reordain Articles II and III of Chapter 30 of the
City Code, pertaining to Soil Re rrK>V a I and other Land-Disturbing Activities.
(ADOPTED under Ordinances - ITEM 35760) CONSOLIDATES the Ordinance to AMEND
and REORDAIN the Code of the City of Virginia Beach, Virginia re Sections 30-
37,30-40,30-41, ?f)-57, ?f)-59, 30-61,30-71,30-73 and 30-74 re soil rerrK>val
and other land disturbing activities; AND, Ordinance to AMEND and REORDIAN
Article II of Chapter 30 of the City Code, pertaining to borrow pits.) This
Ordinance restores the fencing requirement. (See Items #35760, Page 29 and
#35770, Page 39).
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Loui s R. Jones
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
1
2
3
AN ORDINANCE TO AMEND AND REORDAIN SECTION 227
OF THE CITY ZONING ORDINANCE, PERTAINING TO
BORROW PITS
4
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
5
BEACH, VIRGINIA:
That section 227 of the city zoning Ordinance of the City of
6
7
Virginia Beach, pertaining to borrow pits,
be,
and hereby is,
8
amended and reordained, and shall read as follows:
9
Sec. 227.
Borrow pits.
(a)
Application.
Each application for a use permit for a
borrow pit shall include the following information in addition to
the general information required by this ordinance:
( 1)
A boundary survey of the subject property, together
with
location
limits
of
the
the
proposed
of
excavation;
(2)
of vehicular
access
to the proposed
The means
excavation;
(3)
(4)
The number of cubic yards to be excavated;
The areas proposed for the storage of overburden
and other spoil during the process of excavating;
(5)
which
excavating
will
The
proposed
date
on
commence, the proposed date on which the excavation
will be completed and the proposed date that all
required restoration measures are to be completed;
(6)
The location of all haul roads leading to public
streets
and highways within the
area,
and the
location of all service roads on site;
(7)
A statement listing the public streets and highways
to be used as haul routes;
30
31
32
33
34
35
36
37
38
39
40
41
(b)
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
(8)
(9)
A plan showing the proposed use of the property
once excavation has been completed, including the
location of proposed lots, streets, structures and
other features;
A plan for filling of the borrow pit, if this is
intended, once excavation has been completed.
No
filling of the borrow pit will be allowed unless
plans for the filling have been approved by city
council as a part of or as an amendment to the use
permit application, and until the city engineer has
issued a fill permit for such activity.
Special requirements.
( 1)
(2)
(3)
(4)
Undrained pockets and stagnant pools resulting from
surface drainage shall be sprayed in accordance
with requirements of the state board of health to
eliminate breeding places for mosquitoes and other
insects.
Off-street
parking
all
adequate
for
areas
employees' vehicles and trucks shall be provided.
The edge of the area to be excavated shall be
located at least one hundred (100)
feet from all
exterior property lines.
The setback area shall
not be used for any purpose during the period of
excavation, including overburden and spoil storage,
except the setback area may be used for access
roads.
Exterior
of
limits
shall
be
all
work
monumented with iron markers no less than five (5)
feet above surface of the earth.
Access roads.
Access roads to any excavation where
hauling is being conducted shall be maintained in a
dustfree
All
shall
be
manner.
access
roads
constructed
intersect
as
nearly
to
as
so
as
possible at right angles with public streets and
highways and no access road shall intersect any
2
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
(5)
(6)
(7)
(8)
public road at any angle of less than sixty (60)
degrees.
operating hours.
operating hours of excavation
shall be restricted to between 7:00 a.m. and 7:00
p.m. or such lesser hours of operation as the city
council may deem appro~riate.
No sunday operations
shall be permitted.
Construction of buildings.
All buildings used for
the production and processing of excavated material
shall be constructed and maintained as required by
the building code of the city.
Roadside
Existing trees
and ground
landscape.
cover
along
public
street
frontage
shall
be
preserved and maintained, and replaced during the
period
excavation
appropriate
city
if
the
of
authorities deem is necessary.
Excavation permit~.
No excavation on the site
shall
commence until
~n exc~T.:~tion all permits
required by Chapter 30 of the city Code and section
45.1-181 of the Virginia Code permit has have been
received
public
~.'or]CD
the
dep~rtR\ent
of
from
Department
Public
Virqinia
Works
and
the
of
Department of Mines, Minerals and Enerqy, and all
requirements of chapter Chapter 30 of the City Code
and Virqinia Mineral Mining Regulations have been
complied with.
(c)
Factors relating to approval.
Before issuing any use
permit for the excavation or fill of a borrow pit, the city council
shall give due consideration to the following factors:
(1)
Effect of the proposal upon groundwater supply and
drainage in the area;
(2)
Effect of the proposal upon the city streets of the
area, including but not limited to the factor of
traffic safety;
3
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
(3)
Impact from noise, dust, odor or other nuisance,
upon surrounding properties;
(4)
Effect of the proposal as a potential health or
safety hazard.
l.Q.l
Additional requirements.
The provisions of Article 2 of
Title 45.1 of the Code of Virginia, as amended, and of the Mineral
Mininq Regulations, Revegetation Guidelines and Drainaqe Handbook
promulqated bv the Department of Mines, Minerals and Enerqv, and
any future amendments thereto, are hereby incorporated bv reference
as if fully set forth herein.
Adopted by the Council of the City of Virginia Beach on
the
23
day of June
, 1992.
CA-91-4528
\ordin\noncode\CZO227.orn
R-1
4
AN ORDINANCE 'ID AME1ID AND RIDRDAIN
ARl'ICLE 5, SæI'ION 501
OF '!HE CI'I'Y ZONING ORDINANCE
PERI'AINING 'ID USE REGUIATIONS FDR
æIlD CARE CENl'ERS
BE IT ORDAINED BY '!HE CDUNCIL OF '!HE CI'I'Y OF v:IR;INIA BFAaI, v:IR;INIA:
'!hat Article 1, Section 501 of the City zoI1.ÍDJ Ordinance be anerxled am
reordained in part to read as follows :
Sec. 501. Use œguIat.i.cms
(a) Principal am corrlitional uses.
rrhe follCMÌD;J chart lists those uses permitted within the R-40 through R-2. 5
Residential Districts. rrhose uses am structures in the respective residential
districts shall be permitted as either principal uses irxlicted by a P or as
cxn:litional uses irxlicated by a C. Uses am structures irxlicated by an X shall
be prohibited in the respective districts. No uses or structures other than 'as
specified shall be permitted.
USES
RESIDENTIAL DISTRICTS
R-40 R-30 R-20 R-1S R-10 R-7.S R-SD R-SR R-SS R-2.S
--------------------------------------------------------------------------------------------
Agricultural & horticultural uses except
for the keeping of poultry
and livestock. p p p p p p p p p p
Borrow pit C C C C C C C C C C
Cemetery, columbarium, crematory
and mausoleum X X X C C C C C C X
--------------------------------------------------------------------------------------------
Child care centers and child care
education centers in conjunction
with public or private elementary
schools or-churches
Child care centers and child care
education centers in churches
Churches
Colleges & universities, public
p
p
p
p
p
p
p
p
p
p
£
C
P
£
C
P
£
C
P
£
C
P
£
C
P
£
C
P
£
C
P
£
C
P
£
C
P
£
C
P
--------------------------------------------------------------------------------------------
Community centers, public
Convalescent homes, private
Dormitories, student provided that
they are located within a one mile
radius of an established college
or university.
p
X
p
X
p
X
p
C
p
C
p
C
p
C
p
C
p
C
p
X
C
C
C
C
C
C
C
C
C
X
--------------------------------------------------------------------------------------------
Dwellings, attached
Dwellings, duplex
Dwellings, semi-detached
X
X
X
x
X
X
x
X
X
x
X
X
X
X
X
X
X
X
X
P
P
X
P
P
X
X
X
p
X
X
--------------------------------------------------------------------------------------------
60
Dwellings, single family
Family care homes
Foster homes
P
C
C
P
C
C
P
C
C
P
C
C
P
C
C
P
C
C
P
C
C
p
C
C
P
C
C
x
C
C
--------------------------------------------------------------------------------------------
Fraternity and sorority houses provided
that they are located within a one
mile radius of an established college
or university.
Golf courses, nonilluminated, including
par 3 but not miniature, with a minimum
area of 10 acres, together with such
uses which are incidental to golf
courses, provided that such uses shall
be designed and scaled to meet only the
requirements of the members, guests, or
users of the golf course, and no signs
or other indications of'such uses shall
be visible from any public way
Group homes
C
C
C
C
C
C
C
C
C
x
C
C
C
C
C
C
C
C
C
C
C
C
C
. C
C
C
C
C
C
C
--------------------------------------------------------------------------------------------
Home occupation
C
C
C
C
C
C
C
C
C
C
--------------------------------------------------------------------------------------------
Homes for the aged, disabled when
not operated by a public agency.
Horse stables, including barns or other
structures built for the purpose of
,
boarding horses, provided that no
stable or barn shall be located
within 300 feet of a property line.
x
x
x
C
C
C
C
C
C
x
C
x
x
x
x
x
x
x
x
x
--------------------------------------------------------------------------------------------
Hospitals and sanitariums
Kennels, residential
Marinas, non-commercial and
boat docks
x
C
x
C
x
C
C
C
C
C
C
C
C
C
C
C
C
C
x
X
community
C
C
C
C
C
C
C
C
C
C
--------------------------------------------------------------------------------------------
Museums & art galleries, private C C C C C C C C C C
Nursing homes, when not operated by
a public agency X X X C C C C C C X
Private sewage treatment fee it it i es C C C C C C C C C C
Publi c parks, recreational areas,
botanical and zoological gardens,
and other public buildings and uses P P P P P P P P P P
--------------------------------------------------------------------------------------------
Public utility installations and sub-
stations; provided offices, storage
or maintenance facilities shall not
be permitted; and provided, further,
that utilities substations other
than individual transformers, shall
be surrounded by Category V screen-
ing, solid except for entrances and
exits; and provided also, trans-
former vaults for underground util-
ities and the like shall require
61
Category I screening, solid except
for access openings
Recreation and amusement facilities of
an outdoor nature other than those
specified as principal uses, which
may be partially or temporarily
enclosed on a seasonal basis, with
the approval of City Council, except
that riding academies and recreational
campgrounds shall not be allowed
Schools, private when having academic
curriculums similar to public schools
p
p
p
p
p
p
p
p
p
p
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
.-----------------------------------------------------------------------------------.-------
Schools, public
Storage or maintenance installation
for public utilities
Television or other broadcasting
stations and line of sight relay
devices
p
p
p
p
p
p
p
p
p
p
c
C
C
c
c
c
c
c
c
C
c
c
c
c
c
c
c
c
c
c
--------------------------------------------------------------------------------------------
Theaters for live production
c
C
c
c
c
c
c
c
c
c
,
Adopted by the Council of the City of Virginia Beach, Virginia, on
the
23
day of
JlInf>
, 1992.
(Next page is 64)
62
AN ORDINANCE TO AMEND AND REDRDA1N
særION 801 OF '!HE CITY ZONING ORDINANCE
PER!'AmING TO USE REX;UIATIONS ill '!HE
0-1 AND 0-2 OFFICE DISTRICI'S
BE IT ORDAINED BY 'mE a:>UNcn. OF '!HE CITY OF VIRGINIA BFAŒ, VIRGINIA:
'!hat Section 801 of the city ZoI1lnJ Ordinance is hereby amerrled an:i
reordained to read as follCMS :
sec. 801. 1Se REgWat.i..a1s
(a)
Principal an:i corrlitional uses.
'!he follCMiIq chart lists those uses pe.nnitted within the 0-1 an:i 0-2
Office Districts. '!hose uses an:i str.uctures in the respective office districts
shall be pe.nni tted as either principal uses inticted by a P or as corrli -
tional uses inticated by a C. Uses an:i structures inticated by an X shall
be prohibited in the respective districts. No uses or structures other than
as specified shall be pe.nnitted.
USE
0-1
0-2
.
Business offices of advertisiIq, real
estate, :insurance, carmœrcial or
in:1ustr ial establishments
eaœteries
Child care centers
p
c
P
P
C
P
Child care education centers in connection
with public or private elementary
schools or churches
O1urches
Eating an:i drinkiIxJ establishments,
establishments for sale of convenience
goods an:i personal service
establishments other than those
pe.nnitted. as principal uses, provided
that such uses shall be in connection
with a principal use an:i shall in
combination not cx:x::upy m:>re than ten
(10) percent of the total floor area
involved in the principal use
Finance agency offices, banks
Florists retail.
Funeral harres
p
c
p
c
c
c
p
p
c
p
56
USE 0-1 0-2
Governmental centers am offices am
other public uses am structures
appropriate to the character of the
district, necessary to its servicinJ,
or requirinJ location within the
district p p
Hospital am sanitariums X c
Medical, optical am dental offices am
clinics; legal, erqineerinJ , .
ardritectural am similar professional
offices, account:irq, audit:irq am
boakkeepinJ service offices p p
Museums, art galleries, auditoriums,
arenas , civic or cultural centers,
historic exhibits, OOtanical gardens,
parks, recreational facilities am
the like, when operated by a public
agency or not for profit X p
Nursing or. convalescent hcø:nes, maternity
homes, homes for the aged am similar
institutions for the shelter am
care of persons X C
offices in which goods, ware or mercharxlise
are not cx:mœrcially created, displayed,
stored, exchanged or sold p p
Offices of miscellaneous Wslness services
such as consumer credit reportinJ
agencies, mailinJ list am stenographic
services, l:uslness am management
consulting services P p
Offices of nonprofit organizations, su~
as professional organizations, ciVic,
social am fraternal associations ,
political organizations, religious
organizations, am labor mùons;
provided, however, that no hiring
halls shall be permitted in this
district p p
Off-street parking in conjtmction with
permitted uses in an adjoining Wslness
district, provided such parking
shall be limited to that zoni.rq lot
contiguous with the l:usiness district
use for which the parking is provided
rot in no event shall such off-
street parkirq exterrl nore than two
hurrlred (200) feet into the 0-2
district X c
57
USE 0-1 0-2
Private cluJ:s an:i lodgesoL social centers.
eleemosvnarv establishments an:i
athletic clubs X C
Public schools, colleges an:i universities,
ani private schools, colleges an:i
universities havin;J si1nilar academic
curricuhnns C p
Public utilities installations ani
substations provided storage or
maintenance facilities shall
not he permitted; ani provided,
further, that utilities substations ,
other than in:1i vidual transfOl:mers,
shall he surroun:ied by a wall, solid
except for entrances an:i exits, or
by a fence with a screeI'lÍnJ hedge
five (5) to six (6) feet in height;
an:i provided also, transformer
vaults for urrlergrourx:l utilities an:i
the like shall require only a larxlscaped
screening hedge, solid except for
access operu.n:J p p
Public utilities b.:1siness offices X p
Television or radio transmission towers
arrl line-of-sight relay devices C C
(b) Accessory uses arrl structures: Uses arrl structures which are
customarily accessory ani clearly incidental arrl subordinate to principal
uses ani structures, including rot not limited to:
,
(1) As appropriate to the principal use, ethical };X1armacies, dental
laboratories, ani the fittin;J ani sale of eyeglasses, hearin;J
aids, prosthetic appliances, ani the like, provided that no such
accessory use in cx:mbination, shall ocx:upy trore than ten (10)
percent of the total floor area involved in the principal use.
Mopted by the City Council of the City of Vjrginia Beach, Vjrginia, on
the 23 day of June , 1992.
58
- 45 -
Item V-I.2.a.
PUBLIC HEARING
ITEM # 35775
PLANNING - RECONSIDERATION
Tuck Bowi e, 1709 Oxen Court, Phone: 481-2741, represented the app I icant and
requested DEFERRAL to resolve the issue of the school site.
Upon motion by Counci Iman Clyburn, seconded by Counci Iman Sessoms, City Counci I
DEFERRED unti I the City Counci I Session of August 11, 1992, a RECONSIDERATION
OF CONDITION Number 4 in the Apri I 28, 1992, Approved Appl ication of THE MOST
REVEREND WALTER F. SULLIVAN, Bishop of the Diocese of Richmond, for a
Conditional Use Permit for a Catholic high school:
ORDINANCE UPON APPLICATION OF THE MOST REVEREND
WALTER F. SULLIVAN, BISHOP OF THE DIOCESE OF
RICHMOND FOR A CONDITIONAL USE PERMIT FOR A
CATHOLIC HIGH SCHOOL R04921422
Ordinance upon appl ¡cation of The Most Reverend
Walter F. Sui I ivan, Bishop of the Diocese of
Richmond for a Conditional Use Permit for a
cathol ic high school on certain property located on
the east side of Princess Anne Road, 1300 feet more
or less south of Green Meadows Drive. Said parcel
contains 15 acres. KEMPSVILLE BOROUGH.
The following condition shall be RECONSIDERED:
4. The Brenneman Farm Land Use Plan is hereby amended
to delete the 15 acres rezoned to R-l0 from the
total acres avai lable for townhouse development.
Tota I acreage for town house deve lopment wi I I be
reduced from 31.7 acres to 16.7 acres and the
number of townhouse units wi II be reduced from 285
to 150.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
I.",,", ?<:
100?
- 46 -
Item V-L2.b.
PUBLIC HEARING
ITEM # 35776
PLANNING - RECONSIDERATION
Felix Templeton, 400 Canberry Court, Apartment 1418, Phone: 428-6574,
represented his application and distributed sketches of proposed structures to
be utilized in the Bungee jumping.
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council APPROVED amending Conditions Nos. 1, 6 and 7 in the March 24, 1992,
Ordinance upon application of BUNGEE THRILLS, INC., for a Conditional Use
Permit for a recreational and amusement facility of an outdoor nature (bungee
jumping).
ORDINANCE UPON APPLICATION OF BUNGEE THRILLS, INC.
FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL AND
AMUSEMENT FACILITY OF AN OUTDOOR NATURE (BUNGEE
JUMPING) R03921419
Ordinance upon application of Bungee Thrills, Inc.
for a Conditional Use Permit for a recreational and
amusement facility of an outdoor nature (bungee
jumping) on certain property located on the west
side of Atlantic Avenue, south of 3rd Street. Said
parcel contains 1.6 acres. LYNNHAVEN BOROUGH.
Conditions Nos. 1 and 7 shall be AMENDED changing the word "crane" to
"structure"; and No.6, the term "one year" shall be changed to "eighteen
months".
1. The submitted plan must be modified to ensure that
no portion of the crane- structure used in the
bungee jumping operation extends more than 180 feet
in height.
6. The condi tional use permit shall be valid for a
period of one yoar eighteen months.
7.
All activities associated
operation are to be conducted
lines of the subject site.
operation of the proposed cr~fiC
extend beyond the limits of the
wi th the proposed
within the property
The erection and
structure shall not
subject site.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
T..~~ ') ':!
100')
- 47 -
Item V-I.2.c.
PUBLIC HEAR I NG
ITEM # 35777
PLANNING - RECONSIDERATION
Arthur Crable, Manager - Side Pockets Bi II iards, 4221 Pleasant Valley Road,
Suite #128, Phone: 467-6539
Upon motion by Counci Iman Clyburn, seconded by Counci I man Sessoms, City Counci I
ADDED Condition No.2 in the November 26,1991, Approved Application of
ROSEMONT FOREST COMMERCIAL ASSOCIATES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ROSEMONT FOREST
COMMERCIAL ASSOCIATES FOR A CONDITIONAL USE PERMIT
FOR A COMMERCIAL RECREATIONAL FACILITY ROl1911405
Ordinance upon appl ication of Rosemont Forest
Commerical Associates for a Conditional Use Permit
for a commerc i a I recreat i ona I fac i I i ty other than
that of an outdoor nature (slot car raceway) on the
west side of Pleasant Valley Road, north of
Lynnhaven Parkway. The parce lis located at 4221
Pleasant Valley Road and contains 9.863 acres.
KEMPSVILLE BOROUGH.
The following condition shall be added:
2. (a)
Allow an Arcade in Unit 28, to include
fourteen (14) video games and five (5) pool
tables.
(b)
Hours of operation shall be limited to 11 AM -
1 0 : 30 PM.
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II i am D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou i s R. Jones
- 48 -
Item V-I.3.a.
PUBLIC HEARING
ITEM # 35778
PLANNING
Attorney Grover Wr i ght, 3330 Pac if i c Avenue, Phone: 428-2741, represented the
app I icant
Upon motion by Counci Iman Brazier, seconded by Counci Iman Heischober, City
Council APPROVED the Petition of WHITT SESSOMS III for the discontinuance,
closure and abandonment of a portion of a fifteen (15)-foot alley subject to
compliance of conditions by August 11, 1992.
Petition of Whitt Sessoms, III for the
discontinuance, closure and abandonment of a
portion of a 15-foot alley adjacent to Lots 4, 5,
16 and 17, Block 20, Croatan Beach Said alley
contains 1,500 square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The City Attorney's office shall make the final
determination regarding ownership of the underlying
fee. The purchase price to be paid to the City
shall be determined according to the "Pol icy
Regard i ng Purchase of Ci ty' s Interest in Streets
Pursuant to Street Closures", approved by City
Counci I. Copies of the pol icy are avai lab Ie in the
Planning Department. All funds generated from this
purchase shall be deposited in the Croatan Beach
access account and uti I ized by the City to purchase
additional access to the beach in the Croatan area
at an appropriate location.
2. The app I icant is requ i red to resubd i v i de the
property and vacate internal lot I ines to
incorporate the closed area into adjoining parcels
and ensure that a I I lots have access to a pu b I i c
street.
3. Closure of this right-of-way
compl iance by August 11, 1992.
is contingent upon
.111 n¡::> ? <;
1QQ?
- 49 -
Item V-I.3.a.
PUBLIC HEARING
ITEM # 35778
PLANNING
Voting:
9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn,
Vice Mayor Robert E. Fentress, Harold Heischober, Paul
J. Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent
Louis R. Jones
*Councilman Sessoms ABSTAINED on Item 4.a. and DISCLOSED Whitt G. Sessoms, III,
is his cousin.
- 50-
Item V-I.3.b.
PUBLIC HEARING
ITEM # 35779
PLANNING
Bruce W. Gallup, 315 First Colonial Road, Phone: 428-8132
Upon motion by Councilman Lanteigne, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of NELSON MORRIS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NELSON MORRIS FOR A
CONDITIONAL USE PERMIT FOR SINGLE FAMILY DWELLING
IN THE AG-2 AGRICULTURAL DISTRICT RO6921357
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Nelson Morris for a
Conditional Use Permit for a single family dwelling
in. the AG-2 Agricultural District on certain
property located on the south side of Pleasant
Ridge Road, 879 feet west of Dawley Road. Said
parcel contains 3 acres PUNGO BOROUGH
The following conditions shall be required:
1. A right-of-way dedication is required along the
entire Pleasant Ridge Road frontage to provide for
a fifty (50)-foot right-of-way.
2.
A vegetative buffer shall be provided on the
proposed lot as shown on the plan entitled,
"Preliminary Subdivision of Property of Nelson E.
Morris, Et. AI., March 9, 1992, Gallup Surveyors
and Engineers, Ltd.", on file in the Planning
Department. The site development plan and the final
plat must include a note stating that no
development or clearing of vegetation will be
allowed within the delineated buffer areas.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
third of June, Nineteen Hundred and Ninety-Two.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
- 51 -
Item V-I.3.c.
PUBLIC HEARING
ITEM # 35780
PLANNING
R. Edward Bourdon, Jr., Pembroke One Building, Phone: 499-8971, represented the
applicant and requested deferral of ninety days to resolve issues with the
City Staff.
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council MOVED FORWARD prior to the CONSENT AGENDA and DEFERRED ninety days
until the City Council Session of September 22, 1992, an Ordinance upon
application of WILLIAMS HOLDING CORPORATION and JOSEPH E. AND JACK P. BURROUGHS
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAMS HOLDING
CORPORATION AND JOSEPH E. AND JACK P. BURROUGHS FOR
A CONDITIONAL USE PERMIT FOR SINGLE FAMILY HOMES IN
THE AG-1 AND AG-2 AGRICULTURAL DISTRICTS
Ordinance upon application of Williams Holding
Corporation and Joseph E. and Jack P. Burroughs for
a Conditional Use Permit for single family homes in
the Agriculture District on certain property
located on the southwest side of Seaboard Road,
3500 feet more or less northwest of Princess Anne
Road. Said parcel contains 264.62 acres. PRINCESS
ANNE BOROUGH.
Voting:
10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
Louis R. Jones
- 52 -
Item V-J.l.a.
NEW BUSINESS
I TEM II 35781
Upon motion by Vice Mayor Fentress,
Counci I ADDED TO THE AGENDA:
seconded by Counci I man Sessoms,
City
Reso I ut i on direct i ng the City Manager to procure
the services of a firm to assist City Counci I in
the Development and implementation of a
Redistricting Plan.
Voting:
8-1
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
Robert W. Clyburn
Counci I Members Absent
Harold Heischober and Louis R. Jones
.llJnp. 71. 1 qq?
- 53 -
Item V-J.l.b.
NEW BUSINESS
ITEM # 35782
The following spoke relative three Resolutions concerning REAPPORTIONMENT:
Resolution directing the City Manager to procure the services of a firm to
assist City Council in the Development and implementation of a
Redistricting Plan.
Resolution Providing for a Referendum on the General Assembly Question to
amend the City Charter, and change the Borough designation and the method
of electing Members of City Counci I. (Sponsored by Mayor Meyera E.
Oberndorf)
Resolution Directing Staff to prepare necessary documents and provide for
the realignment of Boroughs and change the method of electing Members of
City Counci I. (Sponsored by Counci Iman Paul J. Lanteigne)
Walter Erb, 150 Cayuga Road, Phone: 497-7451, represented himself and spoke in
OPPOSITION to the issue of REAPPORTIONMENT
Maury Jackson, 1125 Ditchley Road, Phone: 428-1470, represented the Counci I of
C i vi c Organ i zati ons, spoke in SUPPORT to the Reso I ut i on sponsored by Mayor
Oberndorf. Mr. Jackson distributed a petition containing 2000 signatures
requesting the General Assembly revise the City Charter whereby the charter
would provide for seven boroughs, or voting districts, reapportioned to
contain approximately the same number of residents (approximately 56,000 by
the 1990 census). Said petitions are hereby made a part of the record.
Ernest E. Ball, 1417 East Bay Shore Drive, Phone: 428-1425. Mr. Ball was a
Chairman of a Subcommittee formed by the Counci I of Civic Organizations in
1990 to initially investigate the issue of reapportionment. This issue
requires comments from the newly elected City Counci I Members.
Charles Traub, 784 Glasgow Court, Phone: 340-9:)56. Mr. Traub spoke in SUPPORT
of the Resolution presented by the Mayor with suggested amendments. Mr.
Traub's statement is hereby made a part of the record.
Lee Banks, 1901 Jack Frost Road, Phone: 464-4023. Mr. Banks spoke in SUPPORT
of the Resolution presented by the Mayor.
Rae LeSesne, 5325 Thornbury Lane, Phone: 497-8008, represented the Citi zen's
Action Coal ition and spoke in SUPPORT of the Resolution presented by the
Mayor.
E. Geroge Minns, Post Office Box 4548, Phone: 463-3758, represented the NAACP.
Mr. Minns generally favored the Mayor's Resolution because of the proposal to
equal ize the population of the Boroughs.
Everett Johnesee, 3125 Basin Road, Phone: 496-0468. Mr. Johnesee represented
Les Fenlon, President of the Lynnhaven Colony Civic League. Mr. Johnesee
disagreed with the Mayor's term being only for two years contained in
Counci Iman Lanteigne's Resolution.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pace bel ieved
reapportionment should consist of ten (10) equal boroughs of approximately
40,000 citizens and disagreed with the At-Large system.
Cyndy Bourguard, 32113 Lynn Acres Road, Phone: 463-8398, represented the League
of Women Voters. Mrs. Bourguard spoke in SUPPORT of the Resolution presented
by the Mayor.
R. S. Poole, 1953 King Wi II iam Road, Phone: 464-5918, Director of the Counci I
of Civic Organizations. Mr. Poole supported the concept of seven boroughs with
voting within that borough ~ and favored the Mayor's resolution.
June Martin, 363 Courtney Arch, Phone: 486~7522, Second Vice President of
Counci I of Civic Organizations. Mrs. Martin spoke in SUPPORT of the Resolution
presented by the Mayor.
John Gravatt, 2632 Shorehaven Drive, Phone: 481-5788, President of the Forest
Cove Civic League. Mr. Gravatt spoke in SUPPORT of Reapportionment and
requested the Question be placed on the ballot in November.
Attorney Stuart R. Gordon, Virginia Beach Boulevard. Attorney Gordon spoke in
SUPPORT of the Resolution presented by the Mayor.
IlInt::> ?<;
1 OO?
- 54 -
ItemV-J.l.c.
NEW BUSINESS
ITEM # 35783
Upon motion by Counci I man Lanteigne,
Counci I shall DETERMINE:
seconded by Counci Iman Sessoms, City
Five (5) issues to be brought forward to the Ju I y
7, 1992, City Counci I Session
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Haro I d
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
WilliamD. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou ¡sR. Jones
Itln.::> ?7.;
100?
- 55 -
Item V-J.l.d.
NEW BUSINESS
ITEM # 35784
Upon motion by Counci I woman Parker,
Counci I DETERMINED:
seconded
by Counci Iman Brazier, City
The Term of Mayor shall remain at four (4) years
Voting:
9-1
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and Wi II iam D. Sessoms,
Jr.
Counci I Members Voting Nay:
Paul J. Lanteigne
Counci I Members Absent
Lou ¡sR. Jones
I,,~- ')"Z
1,..".."..,
- 56 -
Item V-J.l.e.
NEW BUSINESS
ITEM # 35785
Upon motion by Counci I woman Parker,
Counci I DETERMINED:
seconded by Counci Iman Brazier,
City
There shall be at least a six (6)-oonth residency
requirement for any candidate seeking election
to City Cou n c i I .
Voting:
10-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and
Wi II iam D. Sessoms, Jr.
Counci I Members Voting Nay:
None
Counci I Members Absent
Lou is R. Jones
I..~~ '),
11""11""1')
- 57 -
Item V-J.l.f.
NEW BUSINESS
ITEM II 35786
A rrotion was made by Counci I woman Parker, seconded
to DETERMINE whether:
by Counci I woman McClanan,
The size of City Council
(11) Members
sha II
rema in at el even
Voting:
5-5 (MOTION LOST TO A TIE VOTE)
Counci I Members Voting Aye:
Robert W. Clyburn, Vice Mayor Robert E. Fentress,
Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Counci I Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Harold
Heischober, Paul J. Lanteigne and Wi II iam D. Sessoms,
Jr.
Counci I Members Absent
Lou i s R. Jones
- 58 -
Item V-J.l.g.
NEW BUSINESS
ITEM # 35787
A mot i on was made by Cou nc i I woman Parker, seconded
DETERMINE whether:
by Counci Iman Brazier to
Boundaries may be redrawn to create
Boroughs of equal population
seven
(7)
Voting:
4-6 (MOTION LOST TO A NEGATIVE VOTE)
Counci I Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn,
Meyera E. Oberndorf and Nancy K. Parker
Mayor
Counci I Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, and
WilliamD. Sessoms, Jr.
Counci I Members Absent
Lou i s R. Jones
loon", ')e¡;
100')
- 59 -
Item V-J .l.h.
NEW BUSINESS
ITEM # 35787
A motion was made by Councilwoman Parker, seconded
DETERMINE whether:
by Councilman Brazier to
Should the City retain the At Large system with
City-wide voting?
Voting:
4-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Vice Mayor Robert E. Fentress, Paul J. Lanteigne,
Reba S. McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Harold Heischober, Mayor Meyera E.
Oberndorf* and Nancy K. Parker
Council Members Absent
Louis R. Jones
*Mayor Oberndorf changed her vote to a VERBAL NAY.
T..na ')':\
100')
- 60-
Item V-K.1.i.
NEW BUSINESS
ITEM # 35788
Attorney R. J. Nutter, 4425 Corporation Lane, represented the applicant
A. L. Cecchini, College Crescent, Phone:
Community College and spoke in OPPOSITION:
484-2121,
represented Tidewater
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED:
Resolution granting vehicular access points to Princess Anne Road in
behalf M.P.B. INC. for property at College Crescent (PRINCESS ANNE
BOROUGH), subject to:
1. Applicant shall dedicate portions of Parcels 29N
and 33 on Princess Anne Road for the construction
of turn lanes into subject vehicular access points.
2. The uses on the property shall be limited. The
following principal uses shall be eliminated:
night clubs, bars, taverns and after-hour clubs,
bingo halls, boat sales, motor vehicle sales and
rental, borrow pits, bulk storage yards, liquor
stores, wholesaling and warehouse distribution
operations.
3. The Applicant shall delay any sales activity to
third parties.
4. Access points shall not be installed for one (1)
year to allow for continued negotiations with
Tidewater Community College.
5. The turn and deceleration lanes shall be installed
and the property necessary for this purpose shall
be dedicated as reflected in the Resolution and in
accordance with plans submitted.
6. A Site Plan shall be submitted to the City Engineer
to assure compliance with City standards.
Voting:
6-4
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan and
William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Robert W. Clyburn,
Meyera E. Oberndorf and Nancy K. Parker
Mayor
Council Members Absent
Louis R. Jones
June 23. 1992
RESOLUTION
WHEREAS, M.P.B., Inc. (hereinafter "M.P.B.") is the owner
of
property
on
Princess
Anne Road at its intersection with Tiffany
Lane consisting of
three
separate
parcels,
which
collectively
hereinafter are referred to as the "Property"; and
WHEREAS ,
the Property has been bisected by the creation of a
new road, (College Crescent) which rendered the
Property
unsuit-
able
for
the
purposes for which M.P.B. acquired the Property in
1982; and
WHEREAS, the impact on the Property by the creation
of
Col-
lege
Crescent
created
a unique set of circumstances
that could
jeopardize the City economically and place additional
unnecessary
pressure on College Crescent.; and
WHEREAS ,
M.P.B.
has requested an access point onto Princess
Anne Road for Parcel 33 and another
on
Princess
Anne
Road
for
Parcel 29N as shown on the plans submitted to the City of Virginia
Beach by M.P.B.; and
WHEREAS, M.P.B. has expressed a willingness to construct
and
dedicate
turn
lanes
into
the
above requested access points to
Princess Anne Road within the areas depicted on the plans
ted to the City of Virginia Beach by M.P.B.; and
submit-
WHEREAS , ' the
City Council desires to grant M.P.B. access to
Princess Anne Road as shown on the plans submitted by M.P.B.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF
THE
CITY
OF
VIRGINIA BEACH:
That
a vehicular access point for Parcel 33 to Princess Anne
Road and a vehicular access point for Parcel 29N to Princess
Anne
Road
as
shown
on
the
plans
submitted
on behalf of M.P.B. by
Langley and McDonald, P.C., be and the same hereby are granted
to
M.P.B. on the condition that M.P.B. dedicate portions of Parcel 33
and 29N for the construction of turn
lanes
into
said
vehicular
access
points
and
that
M.P.B.
construct and dedicate the turn
lanes into the access points in accordance with the plans
submit-
ted by Langley and McDonald.
This Resolution shall be effective from the date of its adop-
tion by City Council.
ADOPTED:
June 23, 1992
- 61 -
Item V-L.l.
ADJOURNMENT
ITEM # 35789
Upon rrotion by Counci Iman Baum, and BY CONSENSUS, City Counci I ADJOURNED the
Meeting at 11:42 P.M.
~-v~ ~
th Hodges mith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
h,nt:> ?<;
100?
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CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
June 23, 1992
One
AGENDA
ITEM #
1/11
SUBJECT MOTION TO
CERTIFICATION OF EXEC SESSION CERTIFIED
I I I
IBRIEFING: I I
IHISTORIC ARCHITECTURAL SURVEY I I
I PROJECT IWi II jam Frazier,
I IFrazier Assoc. I
I I
¡TOUR: ICE STORAGE SYSTEM AT I I
I CENTRAL HEATING PLANT I I
I I I
I MINUTES: JUNE 9, 1992 I APPROVED I 10-0
I I 1
ADD ON IMayor recognized Scout Troops I 1
'Nos. 587, 481,191 I I
I I I
IMAYOR'S PRESENTATION: I I
I Shannon Holly - "Miss Virginia Beach I
I Apri I Wi Ison - "Miss Tidewater" \
I I I
ADD ON IMAYOR'S PROCLAMATION honoring I I
retiring Counci I Members! I
I Reba S. McClanan I I
I Harold Heischober I I
I Vice Mayor Robert E. Fentress I
I I I
G/l 10rdncs to AMEND the Code: I ADOPTED 110-0
G/l/a ISecs 21-3/21-50/21-195/21-273/ I \
121-312/21-321.1/21-371 I I
Ire motor vehicle/traffic code I I
G/l/b I Secs 21-337/21-338/21/340/21-341 I
Ire driving under the influence I I
I I I
Ordnc to AMEND Ordnc #92-2131 F I ADOPTED 110-0
lauthrzng transfer funds to the I I
IDevelopment Authority (correction I
¡of Fiscal Year) I I
I I I
¡Ordncs to ACCEPT Grants from the I I
ICommonwealth: I I
G/3/a 1$250,000 re supplement sand I ADOPTED 110-0
¡replenishment program I I
G/3/b 1$150,000 to Parks/Rec re imprvmnt ADPOPTED 110-0
¡of Owl's Creek Boat Ramp I I
G/3/c 1$25,265 to the Victim Witness ¡ADOPTED 110-0
1 Program re estab I shng 1 fu 11- I I
¡time temporary position I I
I I I
10rdnc to APPROPRIATE $724,807 I ADOPTED 110-0
Ire 36 addtl Sheriff's Deputy I I
¡positions; I I
land, TRANSFER $133,514 for City's ADPOPTED 110-0
Iportion of above deputy positions I
\ I I
10rdnc to APPROPRIATE $76,800 re I ADOPTED 110-0
lone-time educational bonus to I I
¡Sheriff's Deputies/addtl training \
I I
10rdnc to APPROPRIATE $11,833 !ADOPTED 110-0
¡from Parks/Rec Gift Fund to I I
various accts in accord with I I
Itrust agreements I I
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I I I
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111
A
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F
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G/3
G/4
G/5
G/6
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
June 23, 1992
Two
AGENDA
ITEM #
G/7
MOTION TO
ADOPTED
SUBJECT
Ordnc to APPROPRIATE $980 from
¡Francis Land House Bd of Governors
¡Trust Fund for construction of I
lexhibit cases I
I I
IAuthrztn of Annual Permit for \ AUTHORIZED
Inon-profit orgnztns operating I
lemergency medical services w/in I
Ithe City I
I I
I \
ILOW BID: 1
¡Crowder Construction Co./Lake I APPROVED
IGaston Water Supply/Pea Hi II I
ICreek/$11,445,350 I
I I
ILOW BIDS w/advance notice to I
Iproceed: I
IContractors Paving Co., Inc./ I APPROVED
ICourthouse Loop North/PH 1/ I
1$992,720.56 I
¡Asphalt Roads & Materials Co, Inc/ APPROVED
1991-92 Asphalt Concrete/Profi ling
1& Resurfacing/$786,809.14 I
I I
G/l0 ILicense Refunds: $21,685.72 I APPROVED
I I
H/l 10rdncs to AMEND the Code: I
H/l/a ISec 2-267 re Dept of Public Works ADOPTED
H/l/b ISecs 6-13/6-137/6-139/6-152/ I ADOPTED
16-154 re beaches/boats/waterways I
H/l/c ISecs 8-1/8-8/8-72/8-111/8-146/ I ADOPTED
18-173/8-186/8-192 re bldgs/bldg regs
H/l/d ISecs 19-16/19-17/19-18/19-19 I ADOPTED
Ire mobi Ie homes I
H/l/e ISecs 30-37/30-40/30-41/30-57/ I
130-59/30-61/30-71/30-73/30-74 I
Ire soi I removal/land disturbing I
lactivities I
H/l/f Secs 33-6/33-114.1 re sts/sidewalks ADOPTED
H/l/g ISecs 37-68/37-71 re water supply I ADOPTED
I I
10rdncs to AMEND the Subdivision I
¡Ordinance: I
H/2/a ISec 1.1 re street I ADOPTED
H/2/b ISec 2.1 re submittal/approval/ I ADOPTED
Irecording of plats I
H/2/c ISec 3.2 re condtnl prel iminary I ADOPTED
Iplat approval I
H/2/d ISec 3.3 re approval of final plat
H/2/e ISec 4.1 re streets/alleys I
H/2/f ISec 4.3 re blocks I
H/2/g ISec 6.1 re prel iminary plats I
H/2/h ISec 6/3 re final plats 1
I I
10rdncs to AMEND the Site Plan I ADOPTED
\Ordinance: I
H/3/a ISec 1 re definitions I
H/3/b ISec 5A(2) re appl icabi lity I
H/3/c ISec 5A(3) re procedures I
H/3/d ISec 5A(8) re installation/ I
Ibonding requirements I
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Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
IY Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy IN IN Iy
Iy Iy y Iy Iy IA Iy Iy IN IN Iy
I 1 I I I I I 1 1 I 1
7-3 y Iy Iy Iy Iy IA Iy IN IN IN Iy
I I I 1 I I 1 I I I I
1 I I I I I I I I 1 I
I I I I I I I I I I I
1 I I I I I I I I I I
I I I 1 I I I ! I I
I I 1 I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I
1
1
I
I
I 10-0
I
I
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I
I
I
I 10-0
I
I
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I
I 10-0
I
I
I 10-0
I
I
I
I 10-0
I
I
I 9-1
I 9-1
I
I 9-1
I
I 9-1
I
ADOPTED/ I 9-1
RESTORED FENCING
FOR BORROW PITS
I
I 9-1
\ 9-1
I
I
I
I 10-0
I
I
I 10-0
I
I 10-0
I 10-0
I 10-0
I 8-2
I 8-2
I
I
I
I
I
I
I
I
I
I
G/8
G/9
H/2
ADOPTED
ADOPTED
ADOPTED
ADOPTED
ADOPTED
H/3
AGENDA
ITEM #
H/4
H/4/a
H/4/b
H/4/c
H/5
H /5/ a
H/5/b
H/5/c
H /5 / d
H/5/e
H /5 / f
H /5 / g
H/5/h
H/5/i
H /5/ j
H/5/k
H/5/1
H/5/m
H/5/n
H/5/0
H /5 / p
H/6
H/6/a
H/6/b
H/7
I/l/a
I/l/b
I/l/c
I/l/d
I/l/d/l
l/l/d/2
l/l/d/3
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
June 23, 1992
Page Three
SUBJECT MOTION TO
Ordncs to AMEND the Tree Planting/ ADOPTED
IPreservation/Replacemnt Ordnc: I
ISec 1.3 re definitions I
ISec 1.4 re appl ication I
ISec 1.6 re variances/appeals I
I I
10rdncs to AMEND the Chesapeake I
\Bay Preservation Area Ordinance: I
Sec 103 re definitions I
ISec 104 re areas of appl icabi I ity
ISec 107 re intprtn of boundaries I
ISec 108 re performance standards I
ISec 109 re water qual ity impact I
I assessment I
ISec 110 re plan of devlpmnt process ADOPTED
ISec 111 re nonconforming bldgs/ I ADOPTED
I structures I
ISec 112 re exemptions I ADOPTED
IDELETED Sec 113 re Review Committee ADOPTED
ISec 114 re variances I ADOPTED
ISec 115 re appeals I ADOPTED
ISec 116 re violations I ADOPTED
ISec 117 re severabi I ity I ADOPTED
ISec 118 re vested rights I ADOPTED
ISec 119 re enforcement I ADOPTED
ISec 120 re effective date I ADOPTED
I
Ordnc to AMEND CZO: I ADOPTED
ISec 111 re definitions I
Secs 215/221/239.1/273/1403 thru I
11406/1603 thru 1605 re nonconfrmng
Isigns/procedural reqrmnts/standards
for condtnl uses/private sewage I
I treatment/permits I
I I
10rdnc to TRANSFER $89.997 to I ADOPTED
IPlanning re waterfrnt operatns I
Ifor FY 1992-93 1
I I
ID.M. MALBON authrz extnsn of time APPROVED/
Ifor chng in nonconfrmng use: I CONDITIONED
lexpansion of bulk storage yard I
lat 18th St/Arctic Ave I
I (VIRGINIA BEACH BOROUGH) I
I I
IRICHARD H./LINDA D. PALMER CUP: I APPROVED/
Isingle-fami Iy in AG-2 on Charity I CONDITIONED
INeck Rd/Gum Bridge Rd (PUNGO I
I BOROUGH) I
I I
IWELCOME CORP, d/b/a Thrifty Car I APPROVED/
¡Rental CUP: car rental estblshmnt CONDITIONED
¡at N Mall Dr/Lynnhaven Pkwy I
(LYNNHAVEN BOROUGH) I
I I
10rdncs to AMEND CZO: I
ISec 227 re borrow pits I
ISec 501 re use regs for chi Id I
¡care centers/chi Id care eductn I
centers in churches I
ISec 801 re use regs for social I
Ictrs/eleemosynaryestblshmnts/ I
lathletic clubs in Office Districts
I I
I
I
I
I
I
I
I
I 10-0
I 10-0
110-0
10-0
I 10-0
I
I 10-0
I 10-0
I
I 10-0
I 8-2
I 10-0
I 10-0
I 10-0
\ 10-0
I 10-0
I 10-0
I 10-0
I
I 10-0
I
I
I
I
I
I
I
1 10-0
I
I
I
I 10-0
I
I
I
I
I
¡ 10-0
I
I
I
I
I 10-0
I
I
I
I
ADOPTED/ I 10-0
RESTORED "FENCING"
Re Sec 30 of the
City Code I
\
1
I
I
I
ADOPTED
ADOPTED
ADOPTED
ADOPTED
ADOPTED
I I I I IH I I I I I I
I I I I I E I I L I 10 I I
I I I IF II I IA 1M IB I I
I IBlclElsl INlclEI IS
I IR IL IN Ic I IT Ic IR Ip IE
I IA IY IT IH IJ IE IL IN IA Is
IB \Z IB IR 10 10 II IA ID IR Is
IA II Iu IE IB IN IG IN 10 IK 10
Iu IE IR Is IE IE IN IA IR IE 1M
M R N S R S E N FRS
Y Y Y Y YAY N N N IY
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I \ I
I I I I I I I I I I I
I \ I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
IY IY IY Y IY IA IY Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy \y Iy \A Iy Iy Iy Iy Iy
I I I I I 1 I I I I I
Iy Iy \y \Y Iy \A Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I \ I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy IN IN Iy
IY Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy y Iy Iy Iy
IY Iy Iy \y Iy IA Iy Iy Iy y y
Iy Iy Iy Iy Iy \A Iy Iy \y Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
Iy Iy Iy Iy Iy IA Iy Iy Iy IY Iy
Iy IY Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
Iy Iy Iy Iy Iy \A Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I 1 I I I I I I I I
I I I I I I I I I I I
I I I I I I \ I I I I
I I I I I I I I I 1 I
I I I I I I I I \ I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I \ I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy \y
I I I I I I I I I I I
I I I I I I 1 I I I I
I I I I I I 1 I I I 1
I I I I I I I I I I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I 1 I I I I I I I I
I I I I I I I I I I \
I I I I I I I I I I I
I I I I I I \ I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I \ I I I I I I I
I I I I I I I I I I I
I I I I I I I I 1 I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
1 1 I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
1/2/b
1/2/c
1/3/a
1/3/b
1/3/c
J/K
ADD ON
K/l
K/l/a
K/l/a/l
K/l/a/2
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
June 23, 2992
Page Four
I I I I I H I I I I I I
I I I I I E I I L I 10 I I
I I I IF II I IA 1M IB I I
I IBlclElsl INlclEI Is
I IRILINlcl ITlclRlplE
I IA Iy IT IH IJ IE IL IN IA Is
IB Iz IB IR 10 10 II IA ID IR Is
IA II Iu IE IB IN IG IN 10 IK 10
Iu IE IR Is IE IE IN IA IR IE 1M
M R N S R S E N FRS
Y Y Y Y YAY Y Y Y Y
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
IY IY IY IY IY IA IY IY Iy Iy Iy
I I I I I I I I 1 I I
I I I I I I I I I I I
I I I I I I I 1 I I I
I I I I I I I I I I I
I I I 1 I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I 1 I I I I I I I I I
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I I I I I I I I I I I
I I 1 I I I I I I I I
I I I I I I 1 I I I I
I I I I I I I I I I I
I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy IY Iy 1*
I *Sessoms absta i ned I I I I
I I I I I I I I I I I
I I I I I I I I I I I
y Iy Iy Iy Iy IA Iy IY Iy Iy Iy
I I I I I I I I I I
I I I I I 1 I I I I I
I I 1 I I I I I I I I
Iy Iy Iy Iy Iy IA Iy !y Iy Iy Iy
I I I I I I I I I I I
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I I I I I I I I I I I
I I I I I I I I I I I
I 1 I I I I I 1 I I I
I I I I I I 1 1 I I I
Iy Iy IN Iy IA IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I I I I I I I I I I
I 1 I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I I I I I I ! I I I
I I I I I I I I I I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA IN Iy Iy Iy Iy
I 1 I I I I I I I I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I 1 I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
5-5 IN IN y y IN IA IN Iy y y IN
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I 1 I I I
I I I I I I I I I I I
1 I ¡ I I I 1 I I I I
I I I I I I I I I I I
SUBJECT MOTION TO
RECONSIDERATION OF CONDITION #4 DEFERRED TO
¡in 4/28/92 Approved App of 18/11/92 I
IWALTER F. SULLIVAN, Bishop, CUP: I 1
ICathol ic high school on Princess I I
IAnne Rd/Green Meadows Dr I I
I (KEMPSVILLE BOROUGH) I I
IRECONSIDERATION OF CONDITIONS ¡AMENDED I 10-0
1#1,6,7 in 3/24/92 apprvd App of ICONDITIONS 1,6,7
IBUNGEE THRILLS, INC. CUP: bungee IChanging "crane"
Ijumping on Atlantic Ave/3rd St ¡to structure/ I
I (LYNNHAVEN BOROUGH) lone year to 18 mos
I I I
¡RECONSIDERATION OF CONDITIONS in IALLOWED 1 10-0
111/26/91 apprvd App of ROSEMONT 114 Video games I
IFOREST COMMERCIAL ASSOC CUP: land 5 pool tables
Icommercial rec faci I ity (slot I in Arcade 28 I
Icar raceway) at 4221 Pleasant Iwith operating I
¡Valley Rd (KEMPSVILLE BOROUGH) ¡hours 11 AM - I
I 110:30 PM I
I I I
IWHITT SESSOMS III closure of ¡APPROVED SUBJECT 9-0
¡portion of alley, Croatan Beach ¡TO COMPLIANCE I
1 (LYNNHAVEN BOROUGH) IBY 8/11/92 I
1 I I
INELSON MORRIS CUP: single-fami Iy ¡APPROVED/I 10-0
lin AG-2 on Pleasant Ridge Rd/ ¡CONDITIONED I
IDawley Rd (PUNGO BOROUGH) I I
I I I
¡WILLIAMS HOLDING CORP/JOSEPH E. IMOVED FORWARD/ I 10-0
land JACK P. BURROUGHS CUP: single-DEFERRED 90 DAYS
Ifami Iy homes in AG-2/AG-2 on I I
¡Seaboard Rd/Princess Anne Rd I I
I (PR I NCESS ANNE BOROUGH) ¡ I
I I I
I I I
IResolution directing City Manager ADDED TO AGENDA 8-1
Iprocure services of firms to I I
lassist in devlpmnt/implmnting I I
IRedistricting Plan I I
I I I
COUNCIL-SPONSORED ITEMS: I I
¡Resolutions re REAPPORTIONMENT: ¡COUNCIL CONSIDER 10-0
IPrvding for a Referendum Question 5 ISSUES(QUESTIONS)/
Ito amend City Charter/chg Borough BRING BACK TO I
Idesgntn/method electng Members IAGENDA 7/7/92 1
lot City Counci I (Sponsored by 1
Mayor Oberndorf) ¡TERM OF MAYOR \ 9-1
I IREMAIN AT 4 YRS
IDirectng Staff prepare documnts/ I ¡
Iprovide real ignmnt of Boroughs/ IAT LEAST 6 MOS I 10-0
Ichg method of electng Members IRESIDENCY RE- I
lof City Counci I (Sponsored by \QUIREMENT FOR I
ICounci Iman Lanteigne) IANY CANDIDATE I
I IFOR ELECTION TO
I ICITY COUNCIL I
I I I
I ¡SIZE OF COUNCIL
I ¡REMAIN AT 11 I
I IMEMBERS I
I I I
I I I
I I 1
I I I
AGENDA
ITEM #
K/l/b
L
I I I I I H I I I I I I
I I I I I E I I L I 10 I I
I I I IF II I I A 1M IB I I
I IBlclElsl INlclEI Is
I IRILINlcl ITlclRlplE
I IA IY IT IH IJ IE IL IN IA Is
IB Iz IB IR 10 10 II IA ID IR Is
IA II \U IE IB IN G IN 0 IK 10
Iu IE IR Is IE IE IN IA \R IE 1M
M R N S R S E N FRS
N Y Y N NAN N Y Y N
I I I I I I I I I I I
I I I I I I I \ I I I
I I I I I I I I I I I
I I I I I I I I I I I
4-6 IN IN IN IY IN IA IY IY IN IN Iy
I I I I I I I I I I
I I I I I I I I I I I
I ¡ I I I I I I I I I
I I I I I I I I I I I
IY IN IN IY IY IA IY IY IN IN IY
I I \ I I I I I I I I
I I I I I I I I I
I I I I I I I I I I ¡
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
July 23, 1992
Page Five
MOTION TO PASSED
BOUNDARIES BE 4-6
I REDRAWN TO CREATE
I 17 BOROUGHS OF I
I ¡EQUAL POPULATION
I I I
I I SHOULD THE CITY
\ ¡RETAIN AT LARGE
I ¡SYSTEM WITH VOT-
I liNG CITYWIDE I
I \ 1
¡Resolution granting vehicular ¡APPROVED/ I 6-4
¡access points to Pr Anne Rd ¡CONDITIONED I
in behalf of M.P.B. Inc at I I
¡College Crescent (P A BOROUGH) I I
I (Sponsored by Coucilwoman McClanan) I
I I I
¡ADJOURNMENT: 111 :42 PM I
1 I I
I I I
I I I
I I 1
SUBJECT
* * * * * * *
CITY COUNCIL RECESS
JULY 15 - 31, 1992
* * * * * * *
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
June 23, 1992
One
SUBJECT MOTION TO
CERTIFICATION OF EXEC SESSION CERTIFIED
I I I
IBRIEFING: I I
IHISTORIC ARCHITECTURAL SURVEY I I
I PROJECT IWi II iam Frazier,
I I Fraz i er Assoc. I
I I I
¡TOUR: ICE STORAGE SYSTEM AT I I
I CENTRAL HEATING PLANT I I
I I I
I MINUTES: JUNE 9, 1992 I APPROVED I 10-0
I I I
ADD ON ¡Mayor recognized Scout Troops I I
INos. 587, 481,191 I I
I I I
IMAYOR'S PRESENTATION: I I
I Shannon Holly - "Miss Virginia Beach I
I Apri I Wi Ison - "Miss Tidewater" I
¡ I I
ADD ON ¡MAYOR'S PROCLAMATION honoring I I
Iretiring Counci I Members I I
I Reba S. McClanan I I
I Harold Heischober I I
I Vice Mayor Robert E. Fentress I
I I I
G/l 10rdncs to AMEND the Code: I ADOPTED 110-0
G/l/a ISecs 21-3/21-50/21-195/21-273/ I I
121-312/21-321.1/21-371 I I
Ire motor vehicle/traffic code 1 I
G/l/b ISecs 21-337/21-338/21/340/21-341 I
Ire driving under the influence I 1
I I I
10rdnc to AMEND Ordnc #92-2131F 1 ADOPTED 110-0
lauthrzng transfer funds to the I I
Development Authority (correction 1
¡of Fiscal Year) I I
I I 1
10rdncs to ACCEPT Grants from the I I
ICommonwealth: I I
G/3/a 1$250,000 re supplement sand ADOPTED 110-0
1 rep I en i shment program I 1
G/3/b 1$150,000 to Parks/Rec re imprvmnt ADPOPTED 110-0
¡of Owl's Creek Boat Ramp I ¡
G/3/c I $25,265 to the Victim Witness I ADOPTED 110-0
¡Program re establshng 1 full- I I
Itime temporary position I I
I I I
10rdnc to APPROPRIATE $724,807 I ADOPTED 110-0
Ire 36 addtl Sheriff's Deputy I I
¡positions; I I
land, TRANSFER $133,514 for City's ADPOPTED 110-0
¡portion of 'above deputy positions I
I I I
10rdnc to APPROPRIATE $76,800 re I ADOPTED 110-0
lone-time educational bonus to 1 I
ISheriff's Deputies/addtl training 1
I I I
10rdnc to APPROPRIATE $11,833 I ADOPTED 110-0
¡from Parks/Rec Gift Fund to I I
Ivarious accts in accord with I I
, '--ust agreements I I
I I
I I
I 1
111
A
IV
V /E
F
G/2
G/3
G/4
G/5
G/6
I I I I I H I I I I I I
I I I I I E I I L I 10 I I
I I I IF II I I A 1M IB I I
I IBlclElsl INICIEI Is
I IRILINlcl ITICIRlplE
I IA IY IT IH IJ IE IL IN IA Is
IB Iz IB IR 10 10 II IA 10 IR Is
IA II Iu IE IB IN IG IN 10 IK 10
Iu IE IR Is IE IE IN IA IR IE 1M
M R N S R S E N FRS
Y Y Y Y YAY Y Y Y Y
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
IY IY IY IY IY IA IY IY IY IY IY
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I 1 I
I I I I 1 I I I I I I
1 I I I 1 I 1 I I I I
I I I I I I I I I I I
I I I I I I I 1 I I I
IY IY IY IY IY \A IY IY IY IY IY
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
1 I I I I I I I I I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I I I I I I I I I
I I I I I 1 I I I \ I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
Iy Iy IY Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I I I 1 I I I I I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I 1
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy y Iy Iy Iy
I I I I I I I I 1 I I
I I I I I I I I I I I
Iy Iy Iy Iy Iy IA Iy Iy Iy Iy Iy
I I I I I I I I I I I
I I I I I I I I I I I
I 1 I I I I I I I I 1
Iy Iy Iy Iy Iy IA Iy Iy Iy y Iy
I I I 1 I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
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I I I I I I I I I I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
June 23, 1992
Two
SUBJECT
Ordnc to APPROPRIATE $980 from
Francis Land House Bd of Governors
Trust Fund for construction of I
lexhibit cases 1
I I
IAuthrztn of Annual Permit for I AUTHORIZED
¡non-profit orgnztns operating I
¡emergency medical services w/in I
Ithe City I
I I
I I
ILOW BID: I
¡Crowder Construction Co./Lake I APPROVED
¡Gaston Water Supply/Pea Hi II I
ICreek/$11,445,350 I
I I
ILOW BIDS w/advance notice to I
Iproceed: I
IContractors Paving Co., Inc./ I APPROVED
ICourthouse Loop North/PH 1/ I
1$992,720.56
¡Asphalt Roads & Materials Co, Inc/ APPROVED
11991-92 Asphalt Concrete/Profi ling
1& Resurfacing/$786,809.14 I
I I
G/l0 I License Refunds: $21,685.72 I APPROVED
I I
H/l 10rdncs to AMEND the Code: I
H/l/a ISec 2-267 re Dept of Publ ic Works ADOPTED
H/l/b ISecs 6-13/6-137/6-139/6-152/ I ADOPTED
16-154 re beaches/boats/waterways I
H/l/c ISecs 8-1/8-8/8-72/8-111/8-146/ I ADOPTED
18-173/8-186/8-192 re bldgs/bldg regs
H/l/d ISecs 19-16/19-17/19-18/19-19 I ADOPTED
Ire mobi Ie homes I
H/l/e ISecs 30-37/30-40/30-41/30-57/ I
130-59/30-61/30-71/30-73/30-74 I
Ire soi I removal/land disturbing I
lactivities I
H/l/f ISecs 33-6/33-114.1 re sts/sidewalks ADOPTED
H/l/g ISecs 37-68/37-71 re water supply I ADOPTED
I I
10rdncs to AMEND the Subdivision I
10rdinance: I
H/2/a ISec 1.1 re street I ADOPTED
H/2/b ISec 2.1 re submittal/approval/ I ADOPTED
Irecording of plats I
H/2/c ISec 3.2 re condtnl prel iminary I ADOPTED
Iplat approval I
H/2/d ISec 3.3 re approval of final plat
H/2/e ISec 4.1 re streets/alleys I
H/2/f ISec 4.3 re blocks I
H/2/g ISec 6.1 re prel iminary plats I
H/2/h ISec 6/3 re final plats I
I I
10rdncs to AMEND the Site Plan I ADOPTED
¡Ordinance: I
H/3/a ISec 1 re definitions 1
H/3/b ISec 5A(2) re appl icabi I ity I
H/3/c ISec 5A(3) re procedures I
H/3/d ISec 5A(8) re installation/ I
bonding requirements I
I I
I I
MOTION TO
ADOPTED
I 1 I I IH 1 I I I I I
I I I I I E I I L I 10 I I
I I I IF II I IA 1M 18 I I
I IBlclElsl INlclEI Is
I IR LINlcl ITlclRIPIE
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IY IY IY IY IY IA IY IY Iy Iy Iy
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1 I I I I I I I I I I
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I I 1 1 I I I I I I 1
I I I I I I I I I I I
I
I
I
I
1 10-0
I
I
I
I
I
I 10-0
I
I
I
I
I
I 10-0
I
1
I 10-0
I
I
I
I 10-0
I
I
I 9-1
I 9-1
I
I 9-1
I
I 9-1
I
ADOPTED/ I 9-1
RESTORED FENCING
FOR BORROW PITS
I
I 9-1
9-1
I
I
1
I 10-0
I
I
I 10-0
I
I 10-0
I 10-0
I 10-0
I 8-2
I 8-2
I
I
1
I
I
I
I
I
I
I
G/8
G/9
H/2
ADOPTED
ADOPTED
ADOPTED
ADOPTED
ADOPTED
H/3
H/4/a
H/4/b
H/4/c
H/5
H /5 / a
H/5/b
H/5/c
H /5 / d
H/5/e
H /5 / f
H /5 / g
H/5/h
H/5/i
H/5 / j
H /5 /k
H/5/1
H/5/m
H /5 / n
H/5/0
H/5/p
H/6
H/6/a
H/6/b
H/7
I/l/a
I/l/b
I/l/c
I/l/d
I/l/d/l
l/l/d/2
l/l/d/3
SUMMARY OF COUNCIL ACTIONS
CITY OF VIRGINIA BEACH
DATE:
PAGE:
June 23, 1992
Page Three
SUBJECT MOTION TO
Ordncs to AMEND the Tree Planting ADOPTED
IPreservation/Replacemnt Ordnc: I
ISec 1.3 re definitions I
ISec 1.4 re appl ication I
ISec 1.6 re variances/appeals I
I I
10rdncs to AMEND the Chesapeake I
Bay Preservation Area Ordinance: I
ISec 103 re definitions I
ISec 104 re areas of appl icabi I ity
ISec 107 re intprtn of boundaries I
ISec 108 re performance standards I
ISec 109 re water qual ity impact I
I assessment I
ISec 110 re plan of devlpmnt process ADOPTED
ISec 111 re nonconforming bldgs/ I ADOPTED
1 structures I
Isec 112 re exemptions I ADOPTED
DELETED Sec 113 re Review Committee ADOPTED
ISec 114 re variances I ADOPTED
ISec 115 re appeals I ADOPTED
ISec 116 re violations 1 ADOPTED
ISec 117 re severabi I ity I ADOPTED
ISec 118 re vested rights I ADOPTED
ISec 119 re enforcement I ADOPTED
ISec 120 re effective date I ADOPTED
I I
10rdnc to AMEND CZO: 1 ADOPTED
ISec 111 re definitions I
ISecs 215/221/239.1/273/1403 thru I
11406/1603 thru 1605 re nonconfrmng
Isigns/procedural reqrmnts/standards
Ifor condtnl uses/private sewage I
I treatment/permits I
I I
10rdnc to TRANSFER $89.997 to I ADOPTED
IPlanning re waterfrnt operatns I
Ifor FY 1992-93 I
I I
ID.M. MALBON authrz extnsn of time APPROVED/
¡for chng in nonconfrmng use: I CONDITIONED
lexpansion of bulk storage yard I
lat 18th St/Arctic Ave I
I (VIRGINIA BEACH BOROUGH) I
I I
¡RICHARD H./LINDA D. PALMER CUP: I APPROVED/
Isingle-fami Iy in AG-2 on Charity I CONDITIONED
INeck Rd/Gum Bridge Rd (PUNGO I
I BOROUGH) I
I I
IWELCOME CORP, d/b/a Thrifty Car I APPROVED/
IRental CUP: car rental estblshmnt CONDITIONED
¡at N Mall Dr/Lynnhaven Pkwy ¡
I (LYNNHAVEN BOROUGH) I
I I
10rdncs to AMEND CZO: I
ISec 227 re borrow pits I
ISec 501 re use regs for chi Id I
Icare centers/chi Id care eductn I
¡centers in churches I
ISec 801 re use regs for social I
Ictrs/eleemosynaryestblshmnts/ I
¡athletic clubs in Office Districts
I I
I
I
I
I
I
I
I
I 10-0
I 10-0
I 10-0
110-0
10-0
I
I 10-0
I 10-0
I
I 10-0
I 8-2
I 10-0
I 10-0
I 10-0
I 10-0
I 10-0
I 10-0
I 10-0
I
I 10-0
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I
I 10-0
I
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I
I 10-0
I
I
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I
I 10-0
I
I
I
I
I 10-0
I
I
I
I
ADOPTED/ I 10-0
RESTORED "FENCING"
Re Sec 30 of the
City Code I
I
I
I
I
I
ADOPTED
ADOPTED
ADOPTED
ADOPTED
ADOPTED
I I I I I H I I I I I I
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1/2/b
1/2/c
1/3/a
1/3/b
1/3/c
J /K
ADD ON
K/l
K/l/a
K/l/a/l
K/l/a/2
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
June 23, 2992
Page Four
SUBJECT MOTION TO
RECONSIDERATION OF CONDITION #4 DEFERRED TO
I in 4/28/92 Approved App of 18/11/92 I
IWALTER F. SULLIVAN, Bishop, CUP: I I
ICathol ic high school on Princess I
¡Anne Rd/Green Meadows Dr I I
I (KEMPSVILLE BOROUGH) I I
IRECONSIDERATION OF CONDITIONS ¡AMENDED I 10-0
1#1,6,7 in 3/24/92 apprvd App of ICONDITIONS 1,6,7
IBUNGEE THRILLS, INC. CUP: bungee ¡Changing "crane"
Ijumping on Atlantic Ave/3rd St Ito structure/ I
I (LYNNHAVEN BOROUGH) lone year to 18 mos
I I I
IRECONSIDERATION OF CONDITIONS in ALLOWED I 10-0
111/26/91 apprvd App of ROSEMONT 114 Video games I
I FOREST COMMERCIAL ASSOC CUP: land 5 pool tables
¡commercial rec faci I ity (slot I in Arcade 28 I
Icar raceway) at 4221 Pleasant Iwith operating I
IValley Rd (KEMPSVILLE BOROUGH) hours 11 AM - I
I 110 : 30 PM I
I \ I
IWHITT SESSOMS III closure of APPROVED SUBJECT
¡portion of alley, Croatan Beach ITO COMPLIANCE I
(LYNNHAVEN BOROUGH) IBY 8/11/92 I
I I I
¡NELSON MORRIS CUP: single-fami Iy APPROVED/ I 10-0
I in AG-2 on Pleasant Ridge Rd/ ¡CONDITIONED I
IDawley Rd (PUNGO BOROUGH) I I
I I I
WILLIAMS HOLDING CORP/JOSEPH E. ¡MOVED FORWARD/ I 10-0
land JACK P. BURROUGHS CUP: single-DEFERRED 90 DAYS
I fami I y homes in AG-2/AG-2 on I I
ISeaboard Rd/Princess Anne Rd I I
I (PR I NCESS ANNE BOROUGH) I I
I I 1
I I
IResolution directing City Manager ADDED TO AGENDA
procure services of firms to I I
¡assist in devlpmnt/implmnting I I
IRedistricting Plan I I
I I I
¡COUNCIL-SPONSORED ITEMS: I I
IResolutions re REAPPORTIONMENT: ¡COUNCIL CONSIDER 10-0
IPrvding for a Referendum Question 5 ISSUES(QUESTIONS)/
Ito amend City Charter/chg Borough BRING BACK TO I
Idesgntn/method electng Members IAGENDA 7/7/92 I
lof City Counci I (Sponsored by I I
IMayor Oberndorf) ¡TERM OF MAYOR I 9-1
I I REMA I N AT 4 YRS
IDirectng Staff prepare documnts/ I I
¡provide real ignmnt of Boroughs/ IAT LEAST 6 MOS I 10-0
Ichg method of electng Members IRESIDENCY RE- ¡
lof City Counci I (Sponsored by IQUIREMENT FOR I
ICounci Iman Lanteigne) IANY CANDIDATE I
I IFOR ELECTION TO
I ICITY COUNCIL I
I I I
I ISIZE OF COUNCIL
I ¡REMAIN AT 11 I
I I MEMBERS I
I I I
I I I
I I I
I ¡ I
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1 I I I I I I I I I I
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Iy Iy Iy Iy Iy IA IN Iy Iy Iy Iy
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5-5 IN IN Iy Iy IN IA IN y Iy Iy IN
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I I I I I I I I I I I
I 1 I I I I I I I I I
I I I I I I I I I I I
I 1 I I I I I I I I I
AGENDA
ITEM #
K/l/b
L
I I I I I H I I I I I I
I I I I I E I I L I 10 I I
I I I I F II I IA 1M IB I I
I IBlcIEIS INlclEI Is
I IR IL IN C I IT Ic IR Ip IE
I IA IY IT IH IJ IE IL IN IA Is
IB Iz IB IR 10 10 II IA 10 IR Is
IA II Iu IE IB IN IG IN 10 IK 10
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M R N S R S E N FRS
N Y Y N NAN N Y Y N
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
4-6 IN IN IN IY IN IA IY IY IN IN IY
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I I
IY N N Y IY IA Y IY IN IN IY
I I I I I I I I I I
I I I I I I I I I I I
I I I I I I I I I I
I I I I I I I I I I I
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I I I I I I I I I I I
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I I I I I I I I I I I
I I I I I I I I I I I
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE:
PAGE:
July 23, 1992
Page Five
SUBJECT
MOTION TO PASSED
BOUNDARIES BE 4-6
I REDRAWN TO CREATE
I 17 BOROUGHS OF I
\ \EQUAL POPULATIO¡
I ISHOULD THE CITY
I ¡RETAIN AT LARGE
I ISYSTEM WITH VOT-
I liNG CITYWIDE I
[Resolution granting vehicular \ APPROVED/ \ 6-4
laccess points to Pr Anne Rd ICONDITIONED I
lin behalf of M.P.B. Inc at I I
¡College Crescent (P A BOROUGH) I I
(Sponsored by Couci I woman McClanan) I
I I I
I ADJOURNMENT: 111:42 PM I
I I I
I I I
I I I
I I
* * * * * * *
CITY COUNCIL RECESS
JULY 15 - 31, 1992
* * * * * * *