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Home My WebLink AboutOCTOBER 29, 1973 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA October 29, 1973 The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers, in the Administration Building, in the Borough of Princess Anne, on Monday, October 29, 1973, at 2:00 p.m. The invocation was given by the Reverend Edgar Wilber, Bayside United Church of Christ. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payp..e, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #6463 On motion by Councilman Gardner, seconded by Councilman Holland, and bv recorded vote as follows: Ayes: Councilmen John A. Baiim, Robert B. Callis, Jr., Mayo- Robert B. Cromwell, Jr., Vice Mayor F. Reid Eriiin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of October 15, 1973, and the reading of said Minutes dispensed wi,lh irasm',I(,h as each Councilman had a copy of the sijbject Min@ites before him. ITEM #6464 Upon motion by Councilman Rhodes, seconded by Councilman Waterfield, and by unanimous vote the City Council approved the adcpticn of the follewing Resolution, which was presented to Sergeant Sparrow by Councilman Rhodes: R E S 0 L U T T 0 N @iHEREAS, Robert E. Sparrow was first employed as a patrolman in Virginia Beach on May 1, 1953; and 14HEREAS, during his twenty years of service to tbe City of Virginia Beach, he was a loyal and dedicated officer of the law, who perforl-.ed his du-lies to tlie of his ability; and WHEREAS, in 1961, Officer Sparrow became the first patrolman to utilize canines in connection with police service in Virginia Beach and obtained experience and info=ation that was invaluable to the Canin6.Corps ,ihen it officially became a segment of the Police Departmen@- in 1966; and WHEREAS, due to his diligence in performing his duties as a Canine Patrolman, and later,.as an officer of the- Vice Squad, Officer Sparrow was promoted to Sergeant of the Canine Corps in 1966 and subsequently served in the Detective Bureau where he held the position of Detective Sergeant until his retirement in May, 1973. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach desires to recognize the contributions Sergeant Sparrow has made to his community as a private citizen interested in helping his fellow man, and as a police officer who has faithfully served the GouncilTr.an Robert H. Callis, Jr. introduced the Government class of the Cape Henry School. ITEM #6466 Applic&Uon of Albert R. r-ure for a trailer variance on certain property located West of Blackwater Road and 950 feet more or leas 'West of West Gibbs Road. Said parcel contains 5. 5 acres more or less. (Variance from 2500 feet to 450 feet more or leas from the nearest dwelling). BLACKWATER BOROUGH. Planning Commission Recommendation: A motion by the Planning Commission was passed for approval of this request for @ period of two years. On motion by Councilman Baum, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Char'-es W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Albert R. Elare for a trailer variance on certain property located West of Blackwater Road and 950 feet more or less West of West Gibbs Road. Said property contains 5.5 acres more or less. (Variance from 2500 feet to 450 feet more or less from the nearest dwelling). Blackwater Borol-l,.,h. Approval is subject to the following stipulation: 1. Approval for a period of two vears. ITEM l@6467 PL@OLIC PIOTICE Virginia: t@'otice is hcrein given t@,at on '@,ionday, rcto@.cr 2-1, 1"73, at in ttle City Council Chamtcrs in the @Ad!:iir-istration -luildiij at t@ie '@unicipal r,enter, Princess Anne Station, Virginia Eeach, Virginia, the City Coumil of the City of Virainia Beach will rqeet in accordance witii Virginia Code Section 15.1-431 (as ariended) for the purposs-, of holdinti a public tearino of th-- proprsed neii Comprehensivp Zoninq ')rdinance and the proposed C."icial Zoning '-laps ir, the City of Virginia Peach. The omposed ComMhensive _7c%ning Ordiname and proposed C-@fficial Zon4,ne l-aps are intended to replace. after adoption, the present tiaster 7oning Plan"of t." County of Princess Anne and tfie kester Yoninc .) C.,r(-Iinance cf tbe resort City of Virginia Beach and related zoning raps cu"ently in effect. The proposed Cmprehensive Zoning Ordiname text is available for i)erusal at all Virginia Beach Public Liliraries, Office of the Citi, rllrk and the Cffice of tlio. Pepartment of Planning. Copies of the text are for sale in the Office o? t!,@ Departmnt of Planning for a fee of two (2) dollars. The pro,@,,osed nfficial Zoning ",aps are on display for public viewing October 17. 1973 through October 29, 1973 be%-een the hours of 9.'M A.ti. and 5.", P.tll., Vie-nday throuC.Ii Friday, In the Administration Puilding, Municirkil Center, Primess Pnre Stat,'on, Viiinia Beach, Virglnia, except on 4onday, rictdber 22, 1973, whic.@ Is a ho, day. All Mmas @ wish to appear before City Council reqarding this ratter my register at 1:00 P.t. (@ .'). October 21), i973, In the City Council C.4ambers, at the City Clerk's desk. All interested persons are invited to attend. ine Loiiowing persons appearea on the Comprehensive Zoning Ordinance and related Zoning Maps: 1. Mr@ Richard Brody - Parcel of land between Baylake Pines and Indian 14ill oad, proposed to be zoned R-5, and under old zoning it was T-1, Under the proposed R-5 zoning the property would lose its value. The property was acquired on a basis of $62,000, and if zoned R-5 it would knock the value down, and it would be impossible to get even half the value of the property. 2. Mr. Peter ARelesto - I ask for you to consider R. E. Townsend who has property zone In ustrial and by the maps this industrial class- ification has been taken away. The land in its vicinity is indlistrial, I would ask you to consider two areas of land. One on slide E-4. The railroad right of way runs along in an Easterly direction, this property shows an industrial classification init'lally the area showed a blisiness classification, but was later changed. The property I'm talking abolit, which is owned by my client, is a triangular piece of property currently zoned M-1 3, and this large block of which we own, all but six blocks, and we are in the process of acquiring those six. This entire area is industrial, but Council may wish to assign a business classification. It is industrial and we would hate to lose it. 57th and 58th Streets which are currently zoned R-D 2 with a T-2 Supplement, and the property is shown as H-1. The land owner attempted to make certain utilization to his property, which linder the current zoning is not permitted, and so he withdrew his application. I ask consideration to have the classification such that he could not do in the future what he's not permitted to do today. I only ask your assurance that this matter, likewise, would receive consideration as I didn't see the chaiige either in the text or the maps of this parti(@,illar parcel. 3. Mr. A. J. Coffman - I represent myse'lf, Mr. Edward Lindsley a b.is corporations, and Mr. Frank Butler, also on the list. rage 3 of the Ordinance, referring to the conditional uses that are allo pursuant to certain sections of the Ordinance to be restrictive further, not by the language, but by old development plaiis. Ther no definitions of devel.opment of our text-. Not in the beginning this section on definitions, so I don't know whar- yoll are refe-.r@i.T'g to outside of the text, but further restcictions - on lat-id ,ise. it- makes that section vague. Slide E-4: Several parcels of land along tlie Toll Road that now have outdoor advertisement structures on them. The property was origina'lly zoned residential. These billboards wotild be nonconform@l-ng i@, i-i.,tst about every section of the new ordinan(,e, but in 1-1 they - r-hei.r siz(-- and structure would be conforming. Thes@, parcels of laild under str4C- conversion should not be zoned something unrealistic "o a!" zoning, Tt should be zoned something in relation to the actual impr,@,vemert put-stiant: to a valid use pe=it, It would not be spot zoring, it would be a realistic adjustment of a use already granted by the Council by ordinan(.@e and would be in spirit with the strict conversion which Counc-'Il has lirg('.d upon the Planning Commission, and which -1@s generally rezoned, There are other parcels of land, which in the City had a use permit on them. The same applies in cases which the Board of Zoning Appeals lias grantec, a variance from an existing zoning to allow some other ecotiomi-ca7 iise to to be rebuilt or replaced on the land. This in the strict conver.,@:Cr,. would require you to give the property a zoning in conformity with tl,,e variance granted by Board of Zoning Appeals and to ignore that also if in violation of spirit of strict conversion of property especiall.'l where the economical improvement has resulted from the Board (if Zoni.n-g Appeals granted variance. Strip of land 100 feet wide, the area adjacent to here. The Norfolk and Southern Railroad property is under sale because it is industrial. zoning, and it is under current law. This photograph doesn't sl"ow it clearly, but the property bears no current zoning whatsoever, blank. The staff assured me that it had been an oversight and would be subsequently advertised. We have had these assurances on seieral occasions, but it has never appeared zoned industrial. The oversight should be corrected. This property should bear the I-1 zoning x4hich would be straight conversion. 4.. Mr. Frank Atkinson - Slide D-12. Own a motel and all around it is zoned B-2. A B- zoning doesn't permit motels. Had been zoned H-1. but not sure if want to keep it as H-1, as the B-4 zoning does permit .notels. If you don't see fit to convert all of it to B-4, at least get i-e to B-4. 5. Mr. James Evans - I represent Thalia Wayside Corporation. They own approximately@ 0 acres of land lying on the North side of Virginia Beach Boulevard bordered by Thalia, some Willis Wayside property, and a church. The property has an outstanding use permit for 458 apartment units. The property was zoned A-4 and now the property is R-6, single family residence. 6. Mr. Grover C. WriRht, Jr. - Mr. Wright represents Mrs. Shirley Marlow, the Kings Grant, Kingston, and Little Neck Civic Leagues. The property was advertised on September 24, 1973, as R-9. The property, today, is A-1. The property is approximately 31 acres. In light of the ruli-ng from the City Attorney, Council can't make changes today. It appears you have to leave it today as A-1. It puts the residents at a dis- advantage. We ask you, by Resolution, to initiate a rezoning petition on own motion today. This piece of property was zoned from R-S 1, highly restricted. Zoned to R-M in May of 1964. The owner deeded certain parcel for recreation and park use, three and one-half acres. Ask, by residents, property be rezoned back to single family residence, 7. Mr. Robert L. Simpson The area at Barbeton was A-1. I aD requesting A-3. 8. Mr. Sam Houston, Sr. Your attention is directed to Yokley, on "Zoning Law a d Practice", 3rd Additi-on, Section 4-21, page 172 which reads: 'The general rule is that a zoning ordinance mast prescribe definite standards and that neither the Citv Council, the Board of Zoning Appeals created by ordinance or statute, nor the Building Inspector are properly vested with discretion any rights in granting building permits or variances in exception to the zoning ordinance unless there has been established a definite standard to guide them in the exercise of such powers." The same text on pagc-, 173 reads: "For zoning ordinances to be valid and effectual t'hey must set forth with clarity some norm or standard by which all persons may know their rights and obligations thereunder." It is ou@ contention, as has heretofore been presented to you, that when you leave freedom to exercise discretion and judgement to officials in charge of administering such an ordinance as this, that you have the legislative responsibility to prescribe standards for their guidance which must be reasonably percise as the subject matter iciquiru@,-; or permits. This is what the Supreme Court of Appeals of VirgiT'.ia. held in "Our Properties vs Ley, Va 96 S, E (2nd) 754. -@his the law in this state and it has not been overruled. The fourth revision of the CZO dated February 22, 1973, Article 14, Miscellaneous Regulations, Section 1403 Amendments on page 150, i-s recommended to you for adoption by the Plannin-g Commission had a sub-paragraph (b) "General Intent Concerning Amendments" which read as follows: "It is the intent of City Council to avoid spot changes in the zoning map." Today, in the October 1973, white cover edil--;-ol of the CZO, page 9, under Article 1, Section 107, Amendments, it is found that you, the City Council, have eliminated the above sub-- paragraph (b) which gave assurance to the general public that .'spot zoning" would not be tolerated in the future. Again, the same Section on page 10, sub-paragraph (g) you place a substantial fee ($200.00) that any property owner would have to pay to amend, supplement or change these regulations, district boundaries or classifications of property. This has no reference to a zoning application or use. It has particular application to changes in this ordinance. One could fairly draw the conclusio-n that you do not choose to listen to constructive suggestions of citizens for any amendment unless he pays a fee ($200.00). The last sentence under sub-paragraph (f) reads: "An affirmative vote of a majority of all members of City Council shall be required to amend the ordinance." These words make you, the City Council, the final arbiter of whether a property owner was frivilous or a nuisance, but not if he was seriously constructive. Why charge him $200.00 for being constructive? 9. Mr. Ralph Katherman - Mr. Katherman introduced Mr. Peter M. Gunnar who is going to speak on property known as the Ocean Island Inn. The property has been down-zoned. 10. Mr. Peter M. Gunnar - The property was zoned R-D 2 with a T-2 Supplement, which Voul-d have permitted us to develop the existing use into condominium units and add additional 200 rental condominium units. We discussed this matter with your personnel at the time and they assured us that this property would be zoned H-2. They based their assurance on the fact that this was not to be a change in zoning as far as area is concerned, but that you would generally strictly follow the present use of the property under the present zoning of the property. Based on H-2 we could go forward with this type of development, however, in B-4, as it is presently zoned, economically it will not work out for that use. I know that Council is tired of hearing the CZO, but I submit that further consideration might well be given to this circumstance, because, in effect, it penalizes the pioneers of this area. On each side of them you will find fifteen to sixteen stories going up in a B-4 zoning, which apparently would be a nonconforming use under your present operation. We urge you not to penalize local people who have pioneered in that development, and instead return this particular property to H-2. 11. Mr. Thomas Broyles - I represent Chesapeake Investment Company. This involves a piece of property which -.s the H-1 area. Slide F-2. This is a piece of property which is Level Green Corporation, thi-rty acres zoned from C-G 3 to industrial. We feel this ought to be put back into a business catagory or straight line convert it, because the problem here is someone going to this section of College Pal-k must pass through this industrial property in order to get to approximately two hundred acres of rezoned property. So, we are asking if you all can't here us today, to hear us at a later date. Assuming from some of the statements that have been made here today you all are going to give the agrieved property owner recourse. i would like to ask you all to state a definite date and also put this within a time limit so we can perfect an appeal if you pass the Ordinance today - the CZO today - within thirty days I understand it will become the law. We would have at that point thirty days to perfect our appeal. I would like for you all to state a date, somewhere, in @@act I would like for it to be within forty-five days. 12. Mr. Robert A. Holmes - I work for the Law firm of Kellam, Lawl.er and Pickrell. I'm ere today in behalf of W. W. Reasor Enterprisps. I appeared last September to voice similar objections. First of all the model used in making changes in the o-ficial Zoning Maps, since last May, probably is in violation of the Due Process Law, tl,,,e U,, S. Constitution and the State Constitution. Secondly, Woody Reasor Enterprises owned a parcel of property, Map E-5. I'm referring to the piece of property right here. It's zoned R-8. It is essentially a multiple - a single family dwelling and duplex use. Since 1-959 this property has been zoned as a sewage disposal plant. In September I requested it to be zoned R-1 or B-2, unfortunately it has not been reclassified. As you can see the surrounding property is essentially zoned as a commercial use and the current use would be a prime exa7,.,,,)Ie of spot zoning. Thirdly, W. W. Reasor Enterprises owns a triangular piece of property located on map E-4. It is the piece of property right here. As you can see all of the land zoned North of that piece of property has an industrial use. This property is bol,-nded on the Southwest by the Norfolk-Virginia Beach Toll Road, bounded on the North by the Norfolk and Western Railroad tracks, bounded on the East by Witchduck Road. Prior to last September the entire tract was zoned B-2. Last September I appeared and requested the tract be zoned I-1, half of it has been rezoned I-1. I respectfully request the entire tract be rezoned I-1. Finally, Woody Reasor Enterprises owns a parcel of land approximately two hundred feet by two hundred feet at the entrance of Newtown Road and the proposed Five Forks Road. It is now zoned R-5, however, Mr. Reasor had the impression at a prior City Council meeting the property was going to be rezoned for an M-R use. It is now, I believe, a A-! or A-2. 13., Mrs. Gwen Wood - Slide E-8. A zoning of B-2 is all around us, in the P3-newoo ar ens where we live. This is where Talbot and Associates is. This is B-2 and this was spot zoned B-2. This is industrial. All we are asking is please don't let them put industrial zoning right up to our back-door. 14. M---Peter Ostrander - Oxford Manor at Newtown Road. requesting it be direct converte t. 2@ p is still A-1; also Chesapeake on the Bay is sti 1 B-4 nd I t;i k Mia should be H-2. Requesting City Council to state a date within the next two weeks so that people who feel they do have a grevience can come back and be heard; so Council can, on their own volition, initiate zoning changes without payment of fees. 15. to the CZO; 37th Street, one hundred and f e and fifty feet on 37th Street through to a I presume that's what its going to be. How c On page 112 of Plats, I don't think its b Referring to a restaurant that we hope to pu restaurant that's other than a drive-in, eat ai t is at least one space per seventy-five feet w our hinking is that our client would be building a 4,000 aquare foot building, a d we have 7,000 square feet of space in the parking lot. One car parked for every 75 feet of building space. Gentlemen, I wonder if something can be done to make it possible for a restaurant to be put on that block? Mr. Charles Carrington, Planning Director, informed Mr. Ewing that he can appeal to the Board of Zoning Appeals if he can prove a hardship. 16. Mr. Grover C. _ Jr. - Slide E-9. Suspose to be R-5, single family, present time is R-S-3. It was A-1, B-2 and all we said was make it B-1. 17. Mr. Kenneth Slv - Converting the A-1 parcel of land in Litt-Le Neck area adjacent-to Kings Grant. This A-1 zoning is adjacent, Gentlemen, to one of our prettiest lakes, and we in the Civic League and in the area are concerned. This is Kings Lake and it runs all along this A-1 zoning. Now, of course, this is all single family, which of course the whole area surrounding it is. I understand the fact that we have to adopt this today, but we want it to go on record and make it further understood that Kings Grant and Little Neck Civic Leagues are opposed to this and very streneously, and I would hope that this flexibility that we have associated with the CZO will allow us to come back at a later time. In closing, Sir, the only question I have is this flexibility that we've associated with the CZO also concerns the subject matters like Old Donation Parkway? 18. Mr. Grover C. W . ht, Jr. - You are doing something in your ne Ordinanc ordinance that you've got proposed, you say rezoned property to a different classification from what was advertised so long as you don't zone it to a less restricted class- ification, and that's in effect what we ask you to do today to rezone this from A-1 to R-4, which is now a less restricted classification. It's a more restricted classification you're permitting under the ordinance, that's against the law, then it ought not to be in the ordinance. I don't think it is against the law. 19. Mr. Fred Rhvne - I have a piece of property with six units on it. It was con o lng ow it seems to be zoned A-1, which when proportioned s it c@mn out m ke tn forming. Slide D-12, 29th Street, between Pacific Avenue and Baltic. 20. Mr. G. P. DeJardin - One area needs additional study, rezoning appli a@t3-on on property which we have owned for a number of years. I've noticed the B-4 zoning, which you are showing for this area has been changed with respect to height and density. 1, of course, applied for rezoning under the M-H zoning, which it can be fully justified, is 'c-he basis for the rezoning application which you will hear. I do believe the area between Atlantic Avenue and Pacific Avenue is apparent for the M-H zoning that the City of Virginia Beach presently is, and I feel that t@llie CZO should provide for that type of zoning in that area. I hope at some point it will. There are three or four items on the question of the resort zoning. Commercial and hotel resort zonings that I feel needs 47 arther study. We would hope that the Council will direct the staff to F,..udy these. In addition I would like to comment particularly on the items that I am concerned about. I think if you will increase the H-1 density more along the lines of what you di.d in the last hearing to 90 to 100 units per acre, that you will remove and designate the bay Tion@, condominium units from H-1. I think you may be able to make the H-i zoning more appropriate, and also perhaps remove the nonconforming @,,:atus of the bay front condominium units. I think that the B-4 zoning ,@t@3,uld provide for the H-2 density rather than H-1 density. I feel that "he B-1 density and restrictions that you provide for in the B-4 zoning . I do feel they are an artificial reason, which should 5-i o@ur -g est in the City of Virginia Beach and I hope that tlie matter would@e t@udied. The onl.y other item which I'm concerned about is the wording which exists in yoi.ir H-2. The H-2 zoning that says and provided also there be an en2 of commercial enterprise from outside the boundaries of a motel, ard in our opinion a motel in a resort area is different from a motel c-Ise,.,ihere in the City. If you have a restatirant in the area and parking Provided, for which you have strict parking requirements, it seems to @,le a restaurant should not be restricted from having a sign on the building that says to tourists, generall.y, @hat there is a good re@,,taurant in this motel. In my opinion the CZO should provide for free @,nterpri-se in this most orderly fashion, and I think there are a couple of these points which I hope ultimately would be corrected by Council. 1 furnish each one c)f you a detailed list of the comments which I @@@,ve made. Thank you, Zl. Mr. George Darden - Page 67, under the R-6 residential, Section ')53, su-)-section D. it has to do with rear yard setbacks. This partiLcular part differs from the other draft. It says the minimum rear yard setback shall be 10 feet, further down it says rear yard sF-.tback, adjacent to the Atlantic Ocean, shall have an additional 15 @oot rear yard setback for a total of 30 feet. In the previous copy the language is an additional rear yard setback, and I suggest it was an oversight. Mr. C..qrrington stated that it was a typographical error and it should be a 20 foot setback. O-.i niotion by Coiincilman Ferrell, seconded by Vice Mayor Ervin, and by recorded. vote as follows: Ayes! Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays7 None Absent: None !ity Council adopted the following Ordinance establishing Comprehensive ,oning regulations for the City of Virginia Beach, and providing for the ,dnlriistration, enforcement and admendment thereof, and for the repeal of Ordinances and parts of Ordinances in conflict therewith: ORDINANCE NO. 482 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, AND FOR THE REPEAL OF ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. WHEREAS. the rode of Virginia, Title 15.1, Chapter 11, empowe rs cities to enact zoning ordinances and to provide for their administration, enforcement and amendment, and states the purposes, powers, and procedures for municipal zoning, and WHEREAS, the Charter of the City of Virginia Beach confers on and vests in the City of Virginia Beach certain general powers relevant to zoning and the accomplishment of its purposes, makes the Planning Com- mission responsible for recommendations to City Council on all phases of City Planning, including a master plan, zoning and subdivision control, and provides that the Commission shall have the powers and duties provided by general law and such other powers and duties as may be assigned by Council, and WHEREAS, this zoning ordinance has been prepared according to the procedures, for the purposes, and to exercise the powers, sets forth in the Code of Virginia, Title 15.1, Chapter 11 and the Charter of the City of Virginia Beach, and has been recommended to City Council by the Planning Commission; therefore, BE IT ORDAINED by the City Council of the City of Virginia Beach: Adop*.ed - October 29, 1973 Effective - November 28, 1973 ORDI@i,'kNCE NO. 41 A@l ORDI@lA@@CE 'r'STA31.is@'Ifi@ REr.UL!',-I.TO@,IS FOR Til' "'T@ 0- Vf-,@GTi'I'A VIRG!t@IA, A@.D PR@@VIO-Fi G P, -1 @IE An@ I @., ISFr,,,' ENFORCFt'iF@@l FAIN'D A@,'D REPE.41- 01: 0 D 1 , I @ICES piki, 14HERc-AS. @'Ode of 15.1 , C,@apter 11 e,ipr,,,qe@-S cities to erac."-, on-ir,,g o;-dinar,,:2@ ar,,,,-,' -L.n prov-@,@e @,,r t@ieir adiTlin,"stra"lon, enforce.ment and a.-i@end,,,ient, and -11@ pt@rpos--s, powers, ard procedures for a:un,*Icipal zoning, an(,' "ll@REAS, tte Cha-'er of ti),. tv f V -g4nia 82a,h ccnfers on a@id v@ts in the CI@UY of V-*Irgi;,iii cer"@ai@i gene-a] po@.qers rele@,,ant to zori4.nq and th-- aCCO7@iplish"eri@, of @)u,po,lc!s, !@a',;-,s "he Planrir@g C@.- mission responsible l@or recommendations to City CoLin.-il on all phases of Ci'-Ly Plannipg, incl,idi@-.g a PLid-,tei- @ I '(@ , sion con trol, , and nrovides that -Lh-@ Ccv.,n4ssio," s@iall I;i,iL3 the r)owa@,s ayid d,,Ities provl,,,--d by general lavy and s@ich other po@,;e,@s dut4,,s as i,,ioy @e assigned b,, Coun,,:i 1 , a.,id WF;EF(-AS, this zonin.1 has been pi@c!pared according to the p-o-edur--,s , for t@i@@ ptiroDses in,', @x,,rc-@, -,e t@.-a po@.q,,--s Sets lzo,,L@, in the Code of Virgin 4a, Ti@l, @@@oter 11 d!]@t the of t@p City of Vir-gin4a Beach, apd [)as @,eco r-n(@l-d to r-i t., Couicil by the Planning Corriflission; -LhereFor--, BE IT ODDAI@@ED by the C-@ 'L@/ ol@ the C4ty of Virgifl4a Beach @j -l' 3 i'@overc,,er @8, 1973 -.C,ON-t ENTS ART"CLE 1. GR@NERAL PROVISIalS 100, Title . . . . . . . . . . . . . . . . . . . . . I 101. Legislative Intent . . . . . . . . . . . . . . . 1 102. Establishment ol@ Districts and OFficial Zoning !,lap, 1 103. A(,'nii ni stri ti on . . . . . . . . . . . . . . . . . 5 104. Violations anl Penalti.es . . . . . . . . . . . . 6 105. Nonconforming Uses . . . . . . . . . . . . . . . 6 106. Appeals and Varia@i@-,es . . . . . . . . . . . . . . 8 107. Amen@lments . . . . . . . . . . . . . . . . . . . 9 108. Posting ol- Signs . . . . . . . . . . . . . . . . 10 109. Transmittals . . . . . . . . . . . . . . . . . . 10 110. Validi@Ly, Repeal of ConF]icti,ig Ordinances, Effective DalFe . . . . . . . . . . . . . . 11 111. Defini'@ions . . . . . . . . . . . . . . . . . . . 11 ARTICLE 2. GC@NERAL REQUIREIIENTS AND PROCEDI.!R'r-'; APPLICABLE @4:THIN VARIOUS DISTRICTS A. Regulations Relating to Lots, Yards, Ileights, Off-Street Parking and Olf-Street Loading 200. Zoning Lo-@s . . . . . . . . . . . . . . . . . . 25 201. Yards . . . . . . . . . . . . . . . . . . . . . . 26 202. Height Regulations . . . . . . . . . . . . . . 27 203. O@f-Sty,ee- Parking ReqiAireme,@',@@ . . . . . . . . 28 204. 01@f-Stree-I Loa@t4@i,7 Require@.en@s . . . . . . 29 B. Signs, Regulatio.'Is 210. General Regulations . . . . . . . . . . . . . . . 30 211. Signs Permitted in All Distric;ts . . . . . . . . 30 212. Signs Proliibited in All Districts . . . . . . . . 32 213. . . . . . . . . . . . . . . . 32 214. [leight @,nd Set@,I(,.'< . . . . . . . . . . . . 33 215. @lon-Conforiing Signs . . . . . . . . . . . . . . ')3 216. Outd,,)or Adv@r @ 4sing StrLICt,,tres . @ill@,.)ards, Sign- bc)ards, ;in@l Poster Pan2ls . . . . . . . 34 C. Conditional Uses and Stru,-tures 2"P 222. @,dditio@i,-,i f-c),- 223. Ariiir,-@l Ilospitalls, Poirids, S@,el@@,@rs, Co;inercial Kennels . . . . . . . . . . . . . . . . . . 37 224. Alitc:,,iobile Ser,,ice Statiors . . . . . . . . . . . 37 225. Bicycle Rental Establishments . . . . . . . . . . 226. Cemeteries, Columbariums, Crematories, [4ausoleufls. 39 227. Drive-In Theatres . . . . . . . . . . . . . . . . 39 228. Extractive Industries . . . . . . . . . . . . . . 39 229. Home Occupation . . . . . . . . . . . . . . . . . 40 230. Junkyards . . . 41 i c u i * @ac 211. Marinas, Private, n I d ng ilities for Stor- age and Repairs of Boats and Sale of Boating Supplies and Fuel . . . . . . . . . . . . . 41 232. Mobile Home Parks (MH-Park) . . . . . . . . . . . 42 233. Recreational Ca,,.ipgrounds . . . . . . . . . . . . 43 234. Riding Academies . . . . . . . . . . . . . . . . 45 235. Television or Other Broadcasting Stdtions and Line-of-Sight Relay Devices . . . . . . . . . 46 D. Performance Standards 240. Applicability ot- Performarce Standards . . . . . 46 241. Noise R-gulation . . . . . . . . . . . . . . . . . . 46 242. Vibration Reguiation . . . . . . . . . . . . . . . . 47 ARTICLE 3. PRESERVATION DISTRICT 300. Legislative Inten'G . . . . . . . . . . . . . . . . . 49 301. Use Regulations . . . . . . . * * * * - @ * * * 49 302. Minimum Lot Area, Lot Width, Y@rd Spacing and Maximu,,n Lot Cover,age Regula-uions . . . . . . . 50 303. Sign Regula'Lions . . . . . . . . . . . . . . . . . . 51 304. Off-Street Parking Requirements . . . . . . . . . . 51 ARTICLE 4. AGRICULTURAL DISTRICT 400. Legislative In-Lent . . . . . . . . . . . . . . . . 53 401. Use Regulatioils . . . . . . . . . . . . . . . . . . 53 402. Minimum Lot Area, Lot t4idth, Yard SDacing, and Maximum Lo,-. Coverage Regulations . . . . . . . 55 403. Sign Regulations . . . . . . . . . . . . . . . . . . 56 404. Off-Street Parking Requirements . . . . . . . . . . 56 ARTICLE 5. RESIDENTIAL DISTRICTS A. R-1 Pesidential Dis-@rict 500. Legislative intent . . . . . . . . . . . . . . . . . 59 501. Use Regulations . . . . . . . . . . . . . . . . . . 59 502. @linimum Lot Area, Lo-u @l@dth, Yard Spaciiig and 61 504. Sign @eguiations . . . . . . . . . . 50-0. Off-Street Parking Reguli@lions . . . . . . . . . . . 62 R-2 Residential nis@uric-L 510. Legislative Intnnt . . . . . . . . . . . . . . . . . 62 511. Use Regu',a-Lio.-is . . . . . . . . . . . . . . . . . . 63 512. Applicable Reqijirements Ge-,ierally . . . . . . . . . 63 5@13. @,',ininium Lot Area, Lot Width, Ytrd Spacing and Maximum Lot Coverage . . . . . . . . . . . . . . 63 C. R-3 Residential Disl-ric@u 520. Legislat"ve Intent . . . . . . . . . . . . . . . . . 63 521. Use Peg-ilt-Lions . . . . . . . . . . . . . . . . . . 63 522. Applicable Requirements Generally . . . . . . . . . 63 5@13. Minifr.,un Lot Area, Lot Width, Yird Spacing and @,la,xim!,im Lo@ Coverage . . . . . . . . . . . . . . 63 D. R-4 Residential District 530. Logisla.'Give Intent . . . . . . . . . . . . . . . . . 64 531. Us? Reg@,lations . . . . . . . . . . . . . . . . . . 64 532. Apr)licable Requ4!roments Generally . . . . . . . . . 64 533. Lot Area, I-ot Widllh, Ya-d Spar-ing and Lot Co,/erage . . . . . . . . . . . . . . 65 E. R-5 Residen+lial District 540. Legislative Intent . . . . . . . . . . . . . . . . . 65 541. Us(2 Regulations . . . . . . . . . . . . . . . . . . 65 542@ Applic@i!)](, Requirements Gercratly . . . . . . . . . 65 543. MinimLim Lot Arp-a, I-ot Width, Y@.rd Spacing and Lot Coverace . . . . . . . . . . . . . . 65 F. R-6 Res4dential D4s@-ic4.. 550. Leg''slat4ve Intent . . . . . . . . . . . . . . . . . 66 551. Use Peg-,!Iation-@ . . . . . . . . . . . . . . . . . . 66 552. A.oplicable Require,,nents Generally . . . . . . . . . 66 553. Minimi.in Lo-@ Area, Lot Vlidth, Yard Spacing and @laxi,@llum Lo@u Coverage . . . . . . . . . . . . . . 66 G. R-7 Residen-@ial District 50-0. Legislail-@,,,e in-Lent . . . . . . . . . . . . . . . . 67 561. USC . . . . . . . . . . . . . . . . . . 67 562. Applicible Requirements Generally . . . . . . . . . 67 563. Minimum Lot Area, Lot Width, Yard Spacing and @laximur,i Lot Coverage . . . . . . . . . . . . . . 68 564. "@,,,!<ing Req,,tlations . . . . . . . . . . . 63 L S i C,,, 570. Legisla@ive In't-lent . . . . . . . . . . . . . . . . . 68 571. Use RpgLilations . . . . . . . . . . . . . . . . . . 69 572. R@,qiiirements Generally . . . . . . . . . 69 573. @,inimuri Lr)t Area, Lot Width, Yard Spacing ard tlaxim-,i,T, Lot Coverage . . . . . . . . . . . . . . 69 I. R-9 Residential Townhouse Dis-tlric@, 580. Legislativ(.' Intent . . . . . . . . . . . . . . . . . 70 581. Use Regulations . . . . . . . . . . . . . . . . . . 70 582. Minimum Lot Area, Lot 1,Jidth, Yard Spacing and Maximum Lot Coverage and Height Regulations . . . 71 583. Off-Street Parking Regulations . . . . . . . . . . . 72 584. Sign Regulations . . . . . . . . . . . . . . . . . .72 ARTICI.[-: 6. APARTMENT DISTRICT A. A-1 Apartment District 600. Legislative Intent . . . . . . . . . . . . . . . . . 75 601. Use Regulations . . . . . . . . . . . . . . . . . . . 75 602. Minimum Lot Area, Lot Width, Yard Spacing, Re,.reation Space, and rlaximuii Densi-LY, Height, and Lot Coverage Regula'lions . . . . . . . . . . . . . . 78 603. Height Reglilations . . . . . . . . . . . . . . . . . 79 604. Sign Regulations . . . . . . . . . . . . . . . . . .79 605. Off-Street Parking Regulations . . . . . . . . . . . 80 B. A-2 Apart@ment Distric-@ 610. Legislail-ive In-@ent . . . . . . . . . . . . . . . . 81 611. Use Regalotio@,s . . . . . . . . . . . . . . . . . . 81 612. Applicable Pcqt@ireiflents Generally . . . . . . . . . . 82 613. Minimum I.o- fir(-d, Lot V@id@Lh, Y,.ird Sr)acing, Recreation Space, and Maximum Density, and Lot Coverage Regula-Lions . . . . . . . . . . . . 82 C. A-@) Apartment District @20. Legislativc,. In@l,-nt . . . . . . . . . . . . . . . . . 83 621. Use Regulations . . . . . . . . . . . . . . . . . . 83 62'-'. Applicable RolLiirements Generally . . . . . . . . . . 64 623. Maxiinum Density, Lo-L Co)ierage, ueight Reg-Lila ti ons and Required Recr-(.'ation Spa-ce . . . . . . . . . . 84 D, A-4 Apartment Dist-5ct 600. Legisla@,-@'ve In-ent . . . . . . . . . . . . . . . . . 84 63@i. Use Regul.,ations . . . . . . . . . . . . . . . . . . . 84 632. Applicable Pequireren-i@,s Generally . . . . . . . . . . 84 633. Minimuin Lol- Area, Lot t-lidth, Yard Spacirig, Recreation Spa(-,e, Etpd Density, H@.ii,,,t and Lot A,RFI(,]-E 7. HOTEL DISfIZ;k-l@ A. [1-1 [iotel Distri-- 'L 70.9. Legislative Intent . . . . . . . . . . . . . . . . 87 70". Use Regulitions . . . . . . . . . . . . . . . . . . . 87 702. Minimun I-ot P,@'ea, Lo-, @-lidth, and Yard Spicing . . . . 88 703. Maximum Density Ratings . . . . . . . . . . . . . . 89 704. H@-ight l,'Pgulations . . . . . . . . . . . . . . . . 89 705. Sign Regulations . . . . . . . . . . . . . . . . . 89 706. Off-Street Parking Requireme@its . . . . . . . . . . 90 B. H-2 Resort @!otel District 710. Legislative Intent . . . . . . . . . . . . . . . . 91 711. Use Reglilations . . . . . . . . . . . . . . . . . 91 712. Minimum Lot Area, Lot Width, Yard Spacing and Design Regulations . . . . . . . . . . . . . . 92 713. Maximim I)etisity Ratings . . . . . . . . . . . . . 92 714. Height Regulations . . . . . . . . . . . . . . . . 93 715. Sign Regulal@ions . . . . . . . . . . . . . . . . . 93 716. Off-Street Parking Regulations . . . . . . . . . . 93 717. 01-f-Site Parking Facilities . . . . . . . . . . . 93 ARTICLE 8. OFFICE DISTRIC-FS 800. Legislative Int--nt . . . . . . . . . . . . . . . . 95 801. Use Regulations . . . . . . . . . . . . . . . . . 95 802. Minimum Lot Area, Lot Width, Yard Spacing and Maximum Lot Coverage Regulations . . . . . . . 97 803. Height Regulations . . . . . . . . . . . . . . . . 97 804. Sign Regulations . . . . . . . . . . . . . . . . 98 805. Off-Street Parking @egulations . . . . . . . . . . 99 ARTICLE 9. BUSINr'SS DISTRICTS A. B-1 Business--Residential Dis-Llrict 900. Legislative Intent . . . . . . . . . . . . . . . . 101 901. Use Regtilations 101 902. Minimum Lot Area, L;t*wid@th*, Y*a'rd'S@pac@i*ng', a*nd t,laximum Density Regulations . . . . . . . . . 102 903. Heigh@u Regula'Lions . . . . . . . . . . . . . . . . 103 904. Sign Regulations . . . . . . . . . . . . . . . . . 103 905. O"F-Street Parking Requirements . . . . . . . . . 104 B. B-2 Cornmun@ty Business District 910. Legislative Intent . . . . . . . . . . . . . . . . 105 911. Use Regulations . . . . . . . . . . . . . . . . . 105 912. Minimfin Lo'@ Area, Lot @lidth, Yard Spacing and r,laximum Density Regulations . . . . . . . . . 109 913. Hciri@,t R--q,,ilations . . . . . . . . . . . . . . . . 109 . . . . . . . . . . . C. B-3 Central Business District 920. Legislative Intent . . . . . . . . . . . . . . . . 113 921. Use R@,gi@lations . . . . . . . . . . . . . . . . . 113 922. Minimum Lot Area, Lot Width, Yard Spacing and @l,aximur@,i Density Regulations . . . . . . . . . 114 923. Height Regulations . . . . . . . . . . . . . . 114 924. Sign Regulations . . . . . . . . . . . . . . . . 115 925. Off-Street Parking Requiremen-ts . . . . . . . . . 115 D. B-4 Resort Commercial District 930. Legislative Intent . . . . . . . . . . . . . . . 116 931. Use Recula-ions . . . . . . . . . . . . . . . . . 116 932. Minimt.im Lo@ Area, Lot Width, Yard Spacing and Maxi,,r,u,n Density Regulations . . . . . . . . . 117; 933. Sign Regulat4ons . . . . . . . . . . . . . . . . 1181 934. Height Regulations . . . . . . . . . . . . . . . 118@ 935. Off-Stree'L Parking Requirements . . . . . . . . . 118 ARTICI@E 10. INirLISTRIAL p- 7 T P, CTS A. 1.-1 Light Indus-Iria"l District 1000. Legislative @@ntent . . . . . . . . . . . . . . . 119 1001. Use Regulations . . . . . . . . . . . . . . . . . 119 1002. Minim,,A,,n Lot Area, Lot Width, Yard Spacing, and V.,aximum Density Regulations . . . . . . . . . 121 1003. Height Regulations . . . . . . . . . . . . . . . 122 1004. Sign Regulations . . . . . . . . . . . . . . . . 123 1005. Off-Street Parking Requirements . . . . . . . . . 124 1009-. Perforrrai,,cg Standards for Noise and Vibration . . 124 B. 1-2 Ileavy I!,JL!S 4,, _l "istrict 1010. Legislative Tntent . . . . . . . . . . . . . . . 124 1011. Use Regu]Ettions . . . . . . . . . . . . . . . . . 124 1012. '@.@it Area, Lol- Width, Yard Spacing and V!axi.-,uti Density Regulations . . . . . . . . . 126 1013. Heig@,.@, Peg,j':ations . . . . . . . . . . . . . . . 126 1014. Sign '',''eglil@itions . . . . . . . . . . . . . . . . 126 1015. Off-S@ree'G Parking Regulations . . . . . . . . . 127 1016. Performance Standards for Noise and Vibration . . 127 ARTICLE 11. PLANNED DEVELOPME@IT DISTRICTS A. Gereral Pr,)visio,s 1100. Legisla'uive Inten-L . . . . . . . . . . . . . . . 129 1.101. Applica-L-1 .a, . . . . . . . . . . . . . . . . . . 129 I T,/P?,@ . . . . . . i 1 D@i. C ti a @l gs /@..jpr.:)vekl r-inai Fidns . . . . 2 1105. Relation to @J'ilities, Pub-i4c Facilities and S et-v i c, es . . . . . . . . . . . . . . . . . . 133 1106. Expiratio,,i of Tinie Lit-nits on Planned Development Ariel-d;@i.-@@,its . . . . . . . . . . . . . . . . . 133 B - Planned Developmen@u - [@o,As4lng I 11 0, Planned Develop,,rent - Ho@isi-,i I)is"@ricts, Creation 1 34 1111 . Use Regulations . . . . . . . . . . . . . . . . . 134 1112. Land Area Requiremeri@'s . . . . . . . . . . . . . 136 1113. Housing Requireri,,@il@s . . . . . . . . . . . . . . . 136 1114. Site Planning . . . . . . . . . . . . . . . . . . 136 1115. Location of Playin,,,,i D(,velo@--@n" - Pol@sing District 137 1116. Off-Street ani Load@,ig Pequirc.,.ients . . . 137 1117. Signs . . . . . . . . . . . . . . . . . . . . . . 137 C. Pl@anned Dev2lopment - @,,'I--ppin- Ce@ito', District (PD-SC) ,i 1120. Planned Dev-.Iooment - Shopping Center District, Creation . . . . . . . . . . . . . . . . . . . 137 1121. Use Regulatio,'Is . . . . . . . . . . . . . . . 11-8 1122. A-ea RequireT,@nts . . . . . . . . . . . . . . . . 139 1123. Lot Co-v(,.rage b'v Buildings . . . . . . . . . . . . 1-)9 1124. Floor A,-ca L-'Imi@lation . . . . . . . . . . . . . . 139 1125. Relation to @lajoi@ Transportal,--@:c,.n Facili-Lies . . . 139 1126. Site Planning . . . . . . . . . . . . . . . . . 139 1127. Off-Stree@- Pa@^king and Lo,@ing Pequiremen-Ls . . . 140 1128, Sign Regula-Lions . . . . . . . . . . . . . . . . . 141 ARTICLE 12. FLOOD PLAI@L REGULA"ICINS 1200. Leg4s]a',,,ive Tnl-.en-u . . . . . . . . . . . . . . . . 143 1201. Es-Lablishitig the-, Flood Pl@a4n @.,-eas . . . . . . . . I L!3 1202. [j S . . . . . . . . . . . . . . . . 1/1-3 1203. SI)el-iEtl P(@,iuir--,@-.nts Al-);)lic,,hl,@ t,') the Flood Plain i /1". @, 1204. Spec;e,-i Ap,)I-icil)l(@ '60 Coast,;tl Ar-eas l@4 A9TICI-E 13. HISTCP,!C A'@,@ CUI TI].@,AL DISTP@TRF 1300. Legisirtt@ve int,-I@ . . . . . . . . . . . . l@5 @01. Es,@ablishm,@nt oF t!istori(,, t,rl D-ist-ic@'s ili5 1302. App,icdb-.li.,,.y Ol- Pequ"iatio.'Is . . . . . . . . . . . I 1303. Certif4,--a-le-s o, A@),)ropr'@@2ness . . . . . . . 1304. General Certit-iC.7,lte ol-@ App n e s s for Spec@l-ied Classes c@ Casc . . . . . . . . . . . f,P,TICLE 14. @IFTL't@DS Z@NING OR'INANCE iA - D 14CO. In',-ent . . . . . . . . . . . . . . . . . . . . . . 1401. Defin4,@@@@ins . . . . . . . . . . . . . . . 1402. Uscs . . . . . . . i4O',@ Apr)licat@--n@, i5i . . . . . . . . . . 1406. @f Board . . . . . . . . . . . . . . . . it@3 1407. Fond@@l, . . . . . . . . . . . 153 1409. R,2vi@@ Prc,.(,ed,,l-.-@-2 . . . . . . . . . . . . . . . . 153 I'@ 1409. Pc-rmil's . . . . . . . . . . . . . . . . . . . . 1410. E-Ipi@allion " te a,,d, Ex@-r@ions . . . . . . . . . . I F,4 T r L E EP@@@Al P IOVISIor,,,S 100. TiL"le This ordinance Tay b-- kro@qn, desi,lnated an(] cit--d as -Lhe "Compre- hensive Zoning Or,iinance of the. City of V'rginia Beach." 101. Legislative iit,2nt This Ordinance is eracted to pro,-,,o+-o- and protecl the hl'alth, safety and general v,,elfare oF the people of thp, Ci@y. It is the irtention of the City Council that the Drovisions of @1[iis Ordinarc-- ,iill implement the purpose and intent of 'Lhe b--velopi,-en@ P@an ot@ the City by encouraging the nios-L. desirable use of the land l'or residential, recreational, agricultliral, corrmercial , in dust @-ial , cotiserva'ui on, P!ibIi c sfrvice, flood plain , drain age, and other purposes, and the riost desirable density of population in the several parts of the Citv, atid by encou-aging the most adpropriate use and occupancy of buildings, and by promo-@ing good civic desi'gn and arrangement. The provisions of this Ordinance provide reasonable standards with resoec-I to the. location, heich-L, btilk, size ot@ buildings and oth,r strlictur-s, yard areas, courts, oi'f-stre---@ parking fa-,-@,lities and other open spaces, densit,/ of population, and th@- use of buildirqs, striictures. and land for trade, indtistry, business, resiclence, or other purposes. 102- Establishaip-nt o@ Dis-@ricts and Official Zonin M i q ap (a) In o-der to carry out the pL@rpDses and proviSiDns of "his Ordinance, the following distric+ls are hereby establishe@: (1) Preservation Districl-, The Preserva-Gion Distric-L- sh@ill consist of: P-1 Preservation (2) A@,ricultural District. -i"he Aqricultural Dis@Irict shall consist of: AG-1 Agricul-Lural (3) Residantial Dis@Lricts. R--sidential Districts shall con- sisl- o,-: R-] Re s i d.,2 n -Li , I R-2 Pesidential R-3 Residential al R-6 Resiclential R-7 Residen'lial R-8 Residen-Llial R-9 Residential Townhousp- (4) Apartment Dis-Llricts. Apartment Districts shall consist of: A-1 Apart,,,n@nt A-2 Apartment A-3 Apar'Lment A-4 Apartment (5) Hotel Districts. Hotel Di,ltric's shall consist of: H-1 Hotel H-2 Resorl, Ho-Lel (6) Office District. ThL Offic@- D4strict shall consist of: 0-1 Office (7) Business illistricts. Business Dis-Lricts shall consist of: B-1 Business Residential B-2 Copt-!iLinity Business B-3 Central Business B-4 Resor-L Co.,r@mercial (8) Industrial Distric@s. IndLislria. Districts shall consist of: I-I Lighil- Industrial I-2 fleavy (b) Official Zoning tap. The City of Virginia Beach is divided in@@o zones, or districts, as shown on tr@e official zoning map, which together with ail explanatory matter thereon shall b2 a part of this Ordinance. Said trap is corpposed of a series of sheets in the official zoning atlas, properl,v identif-lect is SL,!C..h, 'li'lich shall be on file -in the o-ffice of lhc Planilrig Di-ect(,,r, a,.d shall he Lhe ot@ficial record of zoning status of areas wi-L-hin the City. (1) Recording lnendrents -@o ti@@ 01@l-icial Zoning tlap shal I on -@;12 znri @l,@l r,,iap by -,,@e PI a@ini.-ig Di@,eclor and recar.,.s acco@panvirly t i, ea -r) shclll identify the ofi-icial ac-@ioii by w,@ich suc@ was -made, the date of such ac'ion, tlie ai,ea ir.,iol,,Ie@,, and the date of posting. 2 (2) Unaui-.hor4lz(',(! Changes iti Zoning Map Prohibited. @lo changes n-F any natu;,e shall be made in the official zoning map or any matter shown "hereof except in con- fol,mity with the Drocedires and requirements of this Ordin@,ince. it shall be @in-iawl@,,ll fo, any person to make an,/ unauthorized change in the official zoning -nap. Ally violation of this sectio.-I shall be punishable as provided in Section 104 and as othe,wise provided by law. (3) Replacemert of official Zoning tlap. in the event that the official zoning frap or any portion thereof becomes damaged, destroyp-d, lost or difficult to interpret be@ause of thp- rature or number of changes and additions, t;'-,e City CoL@ncil maY bv resolution adopt a new official, zoning map or portion thereof which shall super- sede the prior map or portion. The new official zoning ions in map may correct drafting or other errors or omiss tha prior ma,,), but no map adopted by resolution shall have the effect of amending t,@e official zon;ng map, xihich shall bp- amended only as providpd herein, and in accord kqi@lh gen- eral law. Thp- replacement shall be properly identified as such, with date of th-- resolu-Lion of City Council. Unless the prior official zoninq map or portion thereof has been los' or totally destroyed, any significant parts there- of remain@ing shall be preserved , together with all available records n@,rtaining to its adoption or amendnent. (4). in'@erpretation of D4stri(-,t Botindaries: In construing the o,-l'icial zoning niap, the following rules shall app'ly: (i) Center Lines as Boundaries. Vlhere district boundaries appear to follow center lines of streets, allev-@, easements, railroads and the like, they shall be con- strued aS following such center lines. (ii' Property Lines and the Like as Boundar4es- kqhere d@is-rict bounclaries appear to follow street, lot, property or sinli'lar lines, they snall be construed as following such lines. in n, ce,, to t sha--, @)e co@l- ci-,n lit,,es Of @)i' Wd@ Y strued as following su(-.h shore lines or cent--r lines. in case of char,,a in shore lines or of thp course of extent of water, the boundaries shall be construed as movinl viith the cliaige. 3 Bo-And.@-i(,.s iii('@.i,-ated as er,';@ring aiiy body of water, but not con@,iri,,j@ng to intc.,,-sec@Lion with other zoning boundaries or i-iith the o4' jijrisdiction of the City shall be (@onstrued as extending in the direction in t-ihich they enter the body of water to intersect with other zoning boundaries or with the limits of jurisdiction. (iv) Boundaries Indicated as Pirallel to or Extensions of Features Listecl. Where district boundaries are in- dicated as parallel to or ex-Lension of features listed f above, th@y sliall be so construed. (v) Dimensions. @lhere dirrensions are not otherwise in- dicated on th,- official zo.,ii,,ig map, the scale of the map shall govei,n. (vi) Varia@lion of Pctual Locatio,,i @rom llal)ped Location. Where phy,lical or cultural ieatures exis-Ling on the qround are at variance with -hose shown on the of- ficial zoiiing rap, the actual location shall govern. (5) Limitations of Appli(@ation of RLi-i,-; Above. Noti,iithst@l.,iding the provisions of Sectio@n. (4) (i-vi) above, no interpretatio@n sliall be made %,ihich c@,anges the zoning status of a lo@, or parcel, except that @,.,hc,.re a district boundan@i divides a lot which was in sinctle o@,inership at the time of pass,.iga o,' -Lhis Ordinance, the board of Zoning Ap- peals may, as an exception, pernit- the extension of the reg- ulations for @ither portion of -Lhe lo'L not to exceed fifty (50) feet beyond the dis-@rict -L-he re@l,,ain-*.Pg poy,tion of the lo('. (G) Action in Casas of Ililrertaint.,,,,. Where th-- rul2s above fail to clari,-y the status of land in a particula@, case, t@,e Planning Dii,ec-Lor, as acl!ent of the Planning Cori-niss:(on, shall interpre-'L in such a mannlr as -uo ca.r-ry o@i' I-!ie and purpose o-l@ this Ordinance. Appeal from the interprot@.--tion of the Pi,@nning Dirc,.ctor in such cases shall b-- to 'L-re Board ol@ 7oning Appeals, as provided in (-he Co@,,? of Vi i,g @ @i4'a, Tit-te Cha@)ter 11, 15.1-495 (a). (7) Unclassified Preas. Unless areas are --lassified on the oflici,@l zoning map, (i r 7, s ti @i i,@@ - ,',,j r culttiral until rozone@, by Coilil(-ij. 4 103. Administration (a) The Zoning Administrator shall @iave all necessarv alithoritlv on behalf of the City Council to administer and -enforce this Ordinancp, including the orderirg in writing o@' the remedying of any cotidition found in violation of this Ordinance, and the bringing of legal action to insu-e coripliance @@iith tli4,s Ordi- nance, includirg injunction, abaterr,(,nt or other appropriate action or proceeding authorized Ly this Oy-dinance or the la@IS of this state. (b) The Zoning Administrator shall be responsible for determining whether applications for building permits as required by the building code ar@e in accord with the reqltirements of the zoning ordinance, and no building perinit shall be issued wi'Lhout cer- tification that plans conform, to applicable zoning regulations. (c) No permit for excavation or constcuction shall be issued before the zoning adniinistrator certifies that the plans, specifications and intended use conform to the provisions of this Ordinance. (d) No person shall use or permit t@e use of any struct@ure or prem- ises or part thereof hereafter created, erected, changed, con- verted, enlarged, or moved wholly or partly, in use or structure, until a cer@ifica-le of occupancy reflecting use, extent and location shall have been issued to the- Q@@in--r by t@le Zoning Ad- niinistra(-or. (e) Such certificate shall show that the slructure or use or both, or th-- affected parts thereol-, are in conformiuy with the pro- visions of this Ordinance, and the Zoning Adninistrator shall issue such certificate if he fin@s that all of the requirements of this Ordinance have been rqet, and to wi-@hhold such certificate unless all requirements of the Oi-dinance have Leen met. (f) A temporary certil-icate of occupancy shall be issued by the Zoning Administrator for a period not excee(ling six months during alter- ations or partial occupancy of a i)uilding pending its completion if he finds that such occupancy, with su,lh conditions and safe- guards as he inay es'@ablish as required by the circumstances of the partiCLilar case, will not entianger public health. (g) Applications for certifica"es of occupancy shall be accompanied by a I-ee ol five (5) dollars. (h) The Zoning Adminis'ura-Lor shall r.,,aintain records ol@ all 104. Violations and Penaltie,@ Any person who violates any of the provisions of this Ordinance shall, upon conviction thereof, be guilty of a misdeameanor punishable by a fine of not less than $10.00 nor more than @250.00. Each day that a violation continues shall be considered a separate ol@@ense. 105. Nonconforming Uses Intent. Within the districts established by this Ordinance or a,-nend- ments that may later be adopted, there exists: lots, structures, uses of land and structures, and characteristics of use @qhich were lawful before this Ordinance was passed or amended, but which would be prohibited, reg- ulated, or restricted under the terms of this Ordinance or futlre anieiirl- ment. It is the intent of this Ordinance to permit these ,ion-conformities to continue until they are removed. It is fur-Lher the intent of this Ordi- nance that non-conformities shall not be enlarge([ upon, expanded or ext-nded, nor be used as grounds for adding other structures or uses prohibited el-se- where in the same district. (a) Nonconforming uses of land. (1) Enlargement or extension. No nonconforming use of land shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the el@fective date of this Ordinance. (2) Discontinuance. [,lo nonconforming use ol- land shall con- tinue if it ceases for any reason (except where govprn- mental action ini,oede!3 access to tfle preirises) for a period of more than tt@io (2) consecutive years. (3) Plovement. No nonconlorming us(, of land shall be movp-d in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of the p-ovisions of this 0-dinance. (4) Construction. No additional s-ructure not conforiiinq to 'Lhe requirements of this Ordinarce shall be erec-Led in ccnnectio;, with such noncon@orming use of lind. (b) Nonconforming uses o-l- struc('i-lres. (1) Enlargement or ex-Le.,@sion. No nonconformino is(? ni a str@ic- ture may extend to any part, of the structttre-, ,,.,hich rot I rr.:lnifnstly at,rar,.q@,, f-ir @,@Ich t!@ pt th,, 1-1@iall b@ ture. Moreover, sa i (I strucvure s@iill noi-@ b@ enlar@j@.,-.1, ex- tended, constructe(l, inoved o@, s'Lruc'uural"y alter@.d. (2) Discontinuance. @@o nonconforpiing use of i stru--t@i@,@2 s@,.cill continue if it is discot,tini.,ed for ,.@10 years except (,overnmental actioi im[,@?des 6 access to the premises. Fhe structure or structl,-,2s and premises in combir,.ation, shall no@ thereafter be used except in conform-it,y with the regulations of the district in which it is located. (3) Any nonconforming use of a structure, or structure and prer,iises, may be cha@iged to another nonconforming use provided that City Council either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or i,,.iore appro- priate to the district than the existing nonconforming use. In permitting such change, the City Council may require appropriate conditions and safeguards in accord with the provisions of @,is Ordinar,,ce. (c) Nonconforming structure. A nonconforming structure may be continued so long as it repid-',tis other@,iise lawful, subject to the following provisions: (1) Enlargement or alterati-)r!. No noncon,@orming structure may be enlarged or all,@-ed in any @lay which, increases its no-corformity. (2) Relocation. If a nonc.,:)r@'orming structure is moved for any reason for any distalce @,ihatever, it s@hall thereafter conform "o the regula-Lions for the district in which it is located after it is moved. (3) Da.,@age or destructi@-. If a no@conf,)i--in4rg -,truc(-ure is voli.intarily damaged o- de@-Iroyp-d t(,, ar, ext,2nt of iT,.or-o than t@eien'G,/-i-ive (2@-) oi@ its rer)lacem-.;,,t c(is-L :i-L ';' damage or d-strLictio,'I, it s@.all no- be rc, 'in- the time o, s-Lructed except iti co;iforrpity wi-uh the Provisions of this Orditiance. A nonco,,,ifor.@,,ing st-uc-U@,@,-e is involunta,!-ilv dainaged or d--stroy--d r,,ay be rerons@ly,ucted to i+s pri.or co,-I- d4'Ll'on. (d) Nonconforming lots. (1) Except where necessill-.al'e.J by go,.,e,nmenf'-, ac-lio,'I, a lo:- vihich is nonconform4ng b,,,, eason b,,, area si,@ll rat rerli.,c,2d h,, area and a int tihich is b,,) reason o@'wid-Lh sha'll not be redi.-Ic d @@,/ @,iid'@lh. (2) An,y conforriing use or s-I.r,,jc'@,-,,re .,@ay @e 7 (3) Any provision to the contrary not.-,qithstanding, a single- family dwelling and customary acc2ssory buildings may be erected on any nonconforming lo@L located in any district in which single-family dwellings are permitted. (e) Uses Under Conditional Use Provision Not Nonconforming Uses. Any use which is permitted as a conditional use in a district under the terms of this Ordinance shall not be deemed a non- conforming use in such district, but, shall without further action, be considered a conforming use. (f) Buildings Being Planned or Under Construction. Nothing herein contained shall require any change in the plans, construction, lot, or part thereof, for which an active use permit, valid building permit or certificate of occupancy was lawl@ully issued prior to the effective date of this Ordinance, or of any amend- ment thereto, provided, however, that if in any such case con- struction or use is abandoned or is not carried to completion with due diligence, the building inspe,-tor shall revoke the original building permit, certifica-@e, or use permit and any further construction or use shall be carried out under a new permit and in conformity with the provisions of this Ordinance, or any amendinents thereoi-, effective at the time of issuance of such new permit. Construction or use shall be deemed to have been started when any part of the structure, including foundation, has b-.en put in place. Any such building or structure, once erected, shall thereafter be subject to all the regulations of this Ordinance incliding those pertaining to nonconforming uses. 106. Appeals and Variances (a) The Board of Zoning Appeals shall hear 2,nd decide appeals from any order, requirement, de,lision, or d-,,termination made by the Zoning Administrator in the adriinistrat.ion or e,@iforcement of this Ordinance as set forth in Section 15.1-495 through 15.1- 497, Code of Virginia, 1950, as amended. (b) The Board of Zoning Appeals shall hear and dete-mine petitions for varying the application of the provisions of this Ordinance pursuant to Section 15.1-495 through l@@.1-497, Code of Virginia, 1950, as ainended. (c'i The membership, organizat-lon, powers, (luties and pro(:edures of the Board of Zoning ADpeals shall be as set forilh in Section 15.1-494 through 15..1-497 of the Code al- Virginia, 1950, as amended. S @l coi;;paniLd D,y a 'Ifiyti,en-- o- dollai-s silal!@ be applied to thp cost of advertisiig Lir,.d expenses, incidential to reviewir@q, pi@blishing and reportirig t@ie facts. 8 107. Ar,.cndrents (a) Initiation. Whenever the public necessity, convenience, qeneral welfare, or good zoning pra,-tica -Lh-2 C4@-LY M-1@-! amene, or ch,-ir.,@,e the regulla'Lions, distri(.@-I bounO@aries, or clas@ifications of proper@ly. Pny sLich ainendin3it may be ini-ia-ed by resolution of the City Co-incil. or by m,)tion of -@he Planning Commission, or by petition of any I,,rop,-rty owner addressed to '@he City Council. In the latter case, the petit4o,.l sball be ae;dressed to City CoLincil bij+ shal@, be fil(,d wil@.,@ the Planning Departm2nt, and (feemed to have been filed wit@ City Council, and t-ransmi-Lted to th-, P@ainirg C:o,.irriss-inn. (b) LIilhdra@val of a pe"ition fo- FrTiendrren@L. may be requested during public 'flear4ng. H,)v,-Lve-, i-F th@ petition is denied bv City Co,.,.ncil, subs'an@ially +,@ saT,-, petition shall not b@con- sidered willhin one (11 ,,(,ar of For @Lhe pur,oses OF this sec-lion, a zoning pe@Lition shall be considered to be subs'@an- tially the sa,-.i-, 17,etitic,,@i when @he request is for a district classil'ication t hat is vii-@hi@ t@.e same article as -Lha Class- ification -Lha-@ t-,,as previoijs"y di@ii(-,d. These provisions shall not be d to im,-)ai-@ t..@2 of t'he Pla.,nnin@g Co:LTission or Council -Lo proposq an arionOf-,er.t to zoriing ordinance at any tirrQ. (c) Planning COMMiSS40n f@c-ion, Notice of Hearing. Before making any recor@,..-.endation on a proposed anenement, the Planning Ccm- mission shall gi%,e ro-.-icr., (,f a pub 14C ,,arirg thereoi, as set for-@h in Sel-tion 15.1-431. cf th@e Code of Virginia, zts am-nded. (d) Planning COMMiSS4nn [!,?aring'. Action Following Heariig. Unless the propqsal is withdravin by lette- or o',-h-.r formal noticc before the hearing, t-.he ht,.a@-ing sha@il be held a-t. @h-,- ti;,i,, 2-1-id place announced, provided however, that if the hearing is post- poned, new public notice shall be issued as @or the originli notice at the ex 'nene cf ",@ ap,,)Iicant if the pos@-p')rement is at his reqj2st. Fo'@lo-.,I-4ng P,,ach hearing, +lhe Co,,rr,4ss4orl by mo2,lion adc.ot its whicl r,@y in,-ILide in the original pro@Dosl , anA s@i@,'! City C o@-@ 71 c -1, I . (e) Act4.on by City Notice of Hearin@. Before an@roving or adootin, any a,,P,-ndm-n.@l, Ci-u,,/ C@uncil 94Ve -04@-, of a (f) City i to@iiiig lioirifij,. -@!@c,. !),,o- posal i,, bv 1 e@@@@.er or o@Lher formal he,iri,ig, thf) lie,,Iring shall b2 held a'L ',iie ar,@] pl,?.ce atinounced, 9 provided however, that if -Llhe hearing is r)os@lpon.@d, new public notice shall be issued as for the origi,,a@ notice, at the expense of the applicant if the pos'uponement is at his request. Following the hearing, Council may rialle appropria-ce changes or corrections in the proposed amendment, provided liowever, that no additional land may be zoned to a different class- ification than was contained in the public notice, and no land may be rezoned to a less restricted classification, without new notice and hearing. Where such changes or cor- rections are of a substantial nature, modifications shall be transmitted to the Planning Co@i@rnission for revie,,i and report prior to final passage by Council. In connection with such actions, the Planning Corpmission may hold public hearings if it deems such hearings appropriate, with notice suiting the circumstances of the cas,.. An affirmative vot-- of a majority of all members of City Council shall be reqilired to amend the Ordinance. (g) Fee. A petition of any property owner to amend, supplefqent or change the regulations, d-istrict bound,.Iries, or classification of property shall be accomoanied by a fee of two hundred (200) dollars to cover the cost @if publication of tiotice of publ'ic hearing and processing. 108. Post--ng of Signs I In addition to notice of public hearings as requil-ed generally by law, in a case where an individual application for rezoning of property, conditional use permits or appeal for variance is proposed, the applicant shall er-ect on or immediately adjacent to such prop,@rf-y a suitable sign (or in the case of ext-Insive areas, signs, provided however that no sign n--ed be erected closer than two hundred (200) fe-t to each other) clearly visible and legible from public streets. Such siqns shall be erec"ed not less than fifteen (15) days before any public hearing of which they give notice, and shall include notice of the time and place of the hparing and the specific nature of the matter involved. Such signs shall be removed by the applicant within five (5) days after the @Lermination of the hearing adverl"isement. When so erected, excep@L as provided herein, no su,-h sign shall be rpoved, removed, altered, obscured or defaced. 109. Transmittals Notwithstanding any provisions contained in 'Lliis Ordinance to the con- trary, any and all Planning Commission's recor@,.menda'-Iions mentioned in this Ordinance shall be transmitted by the Planning Direc-Uor to the City Counc4l ,.,@ys cifter th2 of 110. Valid4ty, R@@peal oF Conillictirl.9 Ordiriarces, El-fective Date (a )Ve"lid,4@ Ly. The prov4sio-,s of '.h,@s nri!4ntncn a,o h@re,@y declared to I b@ sL,,(@rF,,I) I c. If any par-1, section,, provisioz,.. exceotilin, ,entance, clause, phra,;e, or the application thereof to any pe-son or circumstlances for any reason be adjudged to b, invalid, th(-' re,,Iainder of th- rdinance shall remain in full C-Orce and eff(.,c'-, and its validill-Y shall not be im- pairer!, it b@-irc@ th,- ',egislative in'Lent now hereby declared tiiat this Ordinance @iouid have been adopted even if such invalid mat-,el- had nct been 4,ncluled therein, or if Such application had not be--n pade. (b) Repeal of ConFlicting Ordinances. All O@-einances and parts o@ O@dinances in conflict with the provisions of this Ordinance. excep+ as hereinafter provided, are her,-by repealed on the effective date of @'his Ordinance; iDro,@ided hcwever, that an Ordinance of the City of l,-'Irginia B,-aLch adopted Augusl,- "19, 1957 which became effective September 18, 10,57, colv-.@,,Ily knO@In as "Mas,',er Zoning Ordinance of the Cit n ", and an Ordinance of the Ci,,y of Virginia ,y ol@ Virgi ia B--ac@ Eaacil adcplled Novembp-r 25, 1954, corT,,-only known as the "Master Zoni.ng Plan of Prirtcess @,,n.-ie C,(,,Liity", shall riot be considered repealed as te aiy viola,-ion ilt'iereof (I.Kisting on the effective dat@2 of tilis Or.,jinance. viola"@icn confoms to t@.e pro- vi@io.ris o@@ this Cc) Ei-fec-Live Da-'e. T4is Ot,d4nance s@,all be. @n ef-@ect from and after t'@irty (30) da,ys from i-ts aeo,,)tio@l, i-C he c)fficial zoning map. @U@14,,g t 111. Definitions For the purpose of this Ordinance. viords used -@tn the present tense sftall include @he future: words used in the sir@gular number include the plural and the pltiral singular; the usl- ol@ any gender shall be applicable to all genders: the word "shall" is manda-uory; +,he word "may" is permissive; the @@ord "land" in-.Iudes or@iy the a,-(,.a e(@scribed as being above Mean sea Tev-eT; and Lhe @vord "person" includes an in,-Iividual- a DarL-ners,@ip, as- sociation, or a corpora'Lion. In addition. the foilow@ng @lerns s.@,ill be defined as indical@d: (a) fs a use @,lhich is condticteu' on the -,,ame zonii@g lot as the principal usL-,. ',-O i@,thich i-L is relatpJ (t,4.heth,@r located ii within the sare btiilding or an access,)ry building or struc- ture, or as an accessor'y use of land) or which is conducted on a contiguous lot (in the saire owne@,@'hip), and (b) Is clearly incidental to, and customarily found in con- nection with such principal use, and (c) Is operated and maintained substantially for the benefit or convenience of th-- ovmp-rs, occupants, enployees, cus- tomers, or visitors of the zoning lot with the principal use. Alleys. Alleys are minor ways used primarily for vehicular acc,lss to the rear or side ot@ properties ot@',,--rwise abti'Gting a street. Arcade. A continguous area with access to a slreet or other public way, which is open and unobstructed to a heig@t of not less tlian twelve (12) feet, is accessibl(-, to t@.@e public during business hours, has an area of not less than five hundred (500) square feet including portions occupied by building colurr@ns, ard l@(is a mi,,iimum corridor dimension of ten (10) feet. Such area not be more than three (3) feet above the level of the s@@ree-@ ii@h-;ch i-@ adjoins. Autor,lobile Service Stallion. Buildings and premises where gasoline, oil, grease, batteries, tires and auto.-Mobile accessories may be supplied and dispensed at retail, and wh2re in the follo@qing and s,imilar services may b-- rendered and s;i-les (a) Adjus@.ing and repairing brakes; (b) Emergency itirinq redairs; (c) Greasing and lubrica-Lion; (d) Motor adjustmen-Ls not involving of t@@@ head or crankcase; (e) Parking lot as an accessory use; Cf) Providing and repairing fuel pumps cind lires; Provision of cold dr4n.<s, pa--kaged @oe,,ds, tobacco, a,,id similar convenience goods for gaso,@@@zi,2 supply s-La-Lion customers, bu'@ ortly as accessory and i@ri(Jertal to t,'Ie principal operati,).I; (i) Radiator cleanif,.g and flushing; p,(-Pvision of vial-er, antil@reeze and othar additives; 12 Rental of utility c,-.rgo trailers, trli-ks, and auto- mobiles a-- an acces@ciy use-, (k) Replacement or adjust@,nent ol@ -r-ir,.or aiitomobile acces- so,ies: to incilide r,@irrors, i,iiiidsi@ield wipers and th-- like; (1) Sale and servicing of spark P-ILIGS, batteries, and distributors and distributor parts; (m) Servicing and repair of carbLtr,,@-Gors; (n) Tire servicing and reoair, but not recapping or regrooving; (o) Washing and polishing, and sale of a,,itomotive washing and polishing mat--rials. Uses permissible at a service sta-L-ion do not include body work, straightening of frames or body parts, steam cleaning, paiT.I@@ing, welding, storage of automobiles not in operating condition nor th-- operation of a commercial garage as an accessory use. Beneficial Open Space. Open space perforriing a necessary or desirable function in relation to residential t@s,2. Beneficial open space may include among other similar areas, oceans, rivers, la.'<es, parks, and grounds arOLInd public bl@ildings. Boarding House. A building other than a @iotel or motel where for com- pensation, meals or lodging and me;.ils, are provided for three (3) or more, but not exceeding nine (9) quests. Boundary @tall. A solid viall without openings, situdted within a build- ing and erected on the boundary line between adjacent lots and which is to be joint@ly maintained. Buildable Area. The portion of a zoning lot excluding required yards. BL[ildings niay be placed in any part of the buildable area as long as maximum lot coverage requirerrents are met. Buildable Area Boundary line. Any of the imaginary lines which constitutes a perii,,ieter separating the buildable area from th- ,eqljired ya-ds of a zoiing lot. Building. A strLIcture with a roof intended for s@ielter or encIDstire. C oi)en coier,ed Liy -,av,-s a@id overlid-,(l c r,oofs' not including uncovered entrance platforms, uncove@,-ed ter- races, or uncoverp-d s@leps where such features do not tilemselves constitute enclosurps for buildii,-, ir.,as ttiem. 13 Buildirig Frontag-.. The portion of the princil);Il, building of an estab- lishment vihich faces a s'ureet. If t@ie principal buildings are arranged ori the lot in su,.h a inanner as to face a parking area, then th-. ay,ea facing said parkirig area ipay be considered the build- ing frontage. CaF@pground. Premises where spaces are offered for occupancy for r-la- tively short periods by portable recreational housing, including any land, building structure or facility on suc@i premises used by o,-cuoants of such por@-able recreatioral hoising. Carport. An accessory structure or por @,4 on of a p@-incipal structure, L , consisting of a roof and s;-ipporting memb-rs slich as colurnns or b-.ams, unenclosed from the ground 'Go ro,)f on a-G least 'u@lo (2) sides, and designed or used for the storagp of motor vehicles o@%,ned and used by the occupants of the building to vihich it is ac- cessory. Child Care Center. An establishirent where five (5) or more children, under the age of six (6) and excluding ilember!3 oC t@,e family oc- cupying the premises, are cared for. Tlie @erm includes da,/ nurseries and kindergartens. Clinic. An ofi@ice building or group of offices wherein orily persons engaged in the practice of a medical profe-'sion or occupation are located, but which does not have beds for overnight care of oatients. A "medical profession or occ,-il)i@4ail" is aily activity involving the diagnosis, cure, treatment, iiiitiqation, or preven- L-ion of disease or @,ihicfi affects any boclily function or strl,;c'uure. Coastal Hazard District. That area stibject to floodirig, @iave action and erosion by coastal tidal viaves or storms. Decibel. A unit of measurement of the intensi'Ly of sound (the sound pressure level). Design Flood. The selected flood against which protection is provided or eventually will be provided, by means of flood protective or control t@iorks. It is the basis for desiqn and operation of a part4@cular project aft--r full consideration of flood characteristics, frequencies and potentials, and economic and other practic;-41 con- sid,2rations. Developer. An owner or any person with @vritten aiithorization from the o@,iner, who intends to improve or Lo const-r@i@,@@ imr)rove..rents upon a qiven property. rg a,,i, r n' @ @i @,j est,bl,ishmerit makir@g provi.sions encou-aging consumption of food or beverages i n aiitor.Tiobi I es , whetlier b,y rrea!is of servi ce by per- so,inel employed for the ptirposes or by self-slil,vice and @qhether sucli consu,,,,iption iii automobiles is on tiie pr,emises. 14 D,,qelling Unit. A "dwelling tin4lt" is a ro(in or rooms conn,@cted together, constituting an independent @.ousekeepiiig uni-L. for a T-amily, and containing a single kit,.h,@r. D@velling, One Fanily. A building containing one dwelling unit. The term is general, including such specialized forms as one family detached, one family semi-d-.tached, anfl one fariily attacbed (row houses, townhouses, patio bouses, and the like). @lobile homes, travel trailers, liousing rnounted on self-propelled or drawn ve- hicles, tents or oth-.r forr,,.s of temporiry or portable @iousing are not included within the definition. Dw--Iling, Two Faniily. A building containinq only t@qo dwelling units. Dielling, Three Family. A building con-Laininq only three d%qelling units. @,i,-Iling, @@.obile Home. A special form of otie famfly dwellinq %,Iillh the following charac@leristics: (a) Designed for long-terrp. OCCLI.Dancy, and containing sleeping acconiinodations, a flush toilet, a -Llub or sho@qer bath, a-d kitchen facilities, tiil-li pluifibing and electrical connec-@ions provided for attach,-nent to outsidf, systems. (b) Designed to be transported after fabrication on its own wheels. (c) Arriving at the site @@here it is to b-- occupied complete, usually including major appliances and furniture, and ready for occupancy exceot for ininor and incidental un- packing and asserrbly operations, location and provision of support on the site, connec-Gion with utilities and the like. (d) Intended to be used other than as a conponent in a structure two or more stories in height. Dcielling, Multiple Fainily. A building, other than a hotel, containing three or more dwelling units. @,,,elling, Detached. A building containing one, t@@io, or three dwelling units, entirely siirrounded by a yard or other separation frorn buildings on adjacent lots. [h,ielling, Semi-Detached. A building containing t@,vo sections separated by a. boundary wall with cach spction containing one or two dvi2l'iing units with each section having a separa'ue lot iiith al-- leas@@ @-imensions D,,@elling, A-Ltac@i@,d. A building attached at tiie side or sides 4n , serie-, ot@ thrc,.e or i,,lore principle bt@ildings (-,,ich containing not more than one dt,,,ellinq unit. Such buildings shall each have a separate lot %vith dimensions i,,ieeting ;-,n,2ral regulatior,.s for the district. The term "attac;hed d@%ielling" is intended to appl-v to ro,@j houses and +@@Dwnhouses. 1 Eleemosynary or Philanthropic Itistitutions. A charitable or banevolent operation qualifying for tax exemption under Section 501 of the In- ternal Revenue Code of 1954, is amended. Extractive Industries. CoTrnercial or indlistrial operations irivolving the removal and processing of natural accumulations of sand, soil or any i,@iineral . Family. An individual or two or more persons related by blacd, narriage, or adoption, or under approved foster care, or a group of no@, niore than four persons (including servants) not related by blood or r,,arriage living together and sha(,ing living areas 4@n a dwelling un4t. Flood Plain. That land area adjoining a river, trearn, @@iat,@rco@irse, ocean, bay, or lake, which is subject to inundat@olli. Flood plains shall be detemined as the land situated below the elevation of (a) that recorded by the maximum elevation of the flood @ia'Ger of record or (b) the inter- mediate flood level as determined by the U.S. ArtTly Co@-ps of I'ngineers or (c) the flood level as determined [)y the Department of Community Services, whichever is grea'Ger. A flood plain is divided in+lo t,,,io areas: (a) Floodway. A natural or arliricial viatlrcotirse with del-ini('e bed and banks to confine and coriduct flood flows. The top of th-. banks forip. the clividing lines between the floodway and the T'lood friiige. Flood,,qay lines Must be established in such a manner that some loss of storage and hydraulic conveyance ai-.'Gribt@@@able to quidi.Ylg fut@.ir(' developr,ent otitside ti-te floodway ivill not increase flood heights more than app'licable regtilatory standards. Pend- ing floodway delineat,ions fron a, s@uorm drainage,' master plan, minilium natliral flooc4,w@ys shall be id-ntified from Soil Conservation Service soil rnaps and shall be on file with the Depar-Lment of CommLtni@@y Services and the Planning Department. (b) Flood Fringe. The relatively flat area or low Tands adjoining a flood,,qay which has been or may infrequently be covered by flood iiater. Flcor Ar--a. "Floor area," shall b-- construed as the sufn of the grosL hori- zontal areas of the several floors of a building @neasured from the exterior faces of the exterior vialls or from the center line of walls separating two buildings; provided that -,ho follo@ving areas shall excluded from the determination (,,f fIc),)- attic ,.re@s will-Ii -lo air conditioning, ventilating arici otfie!r b@i4l,iing iflachirery and equip- ir,@n", and parking structures. Floor Ar--a Ratio. The ratio of floor area to land area expressed as a percent or decirnal which shill be dettrr,,iri,-d by dividirig the total floo.r areal on a zonir,.g lot by the lot area of t@iat zoning lot. Freq,jency. As used in t@ie noi-@e r@@ulations is t'@-- nur.lber of oscillations p,ar second of a vibratiori. 16 Garage Apartment. A structure above a private garage in which provision is made for one (1) dwellir@g unit, r,c.,(Iuiring an interior stairway to the second floor. Garage, Parking. A building or po '-tion thereof, designed or Used for temporary parking of automotive vehicles, and @-lithin which motor fuels and oils rpay be sold, but wi'hin @qhich no vehicles shall be stored, equipped, t,e,oaired, hired, or sold. Garage, Private. An accessory structlire or part of the principal struc- ture which is intended for parking or temporary storage of auto- mobiles of owners or occupants of the premises. Garage, Repair. A building or portion thereof, other than a private, storage or pa@-,ing garage, designed or used for repairitig, equippirig, or servicing of automotive vehicles. Such garages M,,ay also be used for storag., of automotive vehicles. Garage, Storage. A building or portion ther,eof designed and used ex- clusively for the storage of aut-@[rotive ve@licles, and wit@,in which temporary parking may also be permitt2d. Gross Acreage. The total area measured in dcres within the boun@aries of a zoning lot. Guest House. A dwelling or lodging uni@@- for temporary non-paying guests in an accessory building. No such living quarters shall be rented, leased, or other@,lise made available for coirpensation of any kind, nor shall such quarters include over five hundred (500) square feet of floor z;.rea. Kitchen fE,,Cilities are not permitted. Heliport. A landing and take-off place for a helicopter includiig acces- sory terminal and i@uel accommodations. HL,Iistop. A landir@g and take-ofl' place for a helicopter. @lome Occupation. An occijpation conduc:ted in a dwelling unit by a resident of the same dwelling unit. Ho,neowners Associa@lion. An incorporated, non-profit organization operating under recorded legal agreements running @-iith the land. Under such agreements, the association may be formed on the basis of ei-1hr vol- untary or automa@--ic re.,nbership. A voltinu'ary or non-automatic assoc- iatio,i opprated @jith lan:i agreeineqts bLAt with meiiibership and assessments optional with -Lhe lot owner and discretionary on the par@, o@- the orga- nization mdnagerrent. A voluntary association of property O,,,,iers is used for operition oi- comM,Anity -@juhs or foi- r,,creatio,,@l c'.1@tures such other docu@l.,n'Ls of title are no" ecarded a@id incorporated @,i4l'lh each deed of conveyance. Atitoma@uic m@-irbership is one iri %@ihich (a" each lot owner in a planr@ed unit, or other described land area autoraiically be- comes a meii@@er upon purchase and (b) each lot is autoratica.-iy subject to a ciiarge for proportionate share of the e,"pense for tyic organization's activit',,,s, such as r,airillaining cc);@@tqon pr,op@r,ty. 17 Hotel. A building or group of attached or de@ached buildings con- taining dvielling or lodging units in @@hich fifty 1150') percent or more of the units are lodging uni@ls. A hot@l shall includ.- a lobby, cler@'s d--sll, or counter arij facilities @or !,cgis"ration aiid k,-,eping of records relating to hotel gu.,sts. Impact Vibrations. Earth-borne oscilla@lions occii,@-ir,.g at o@@ less than one hundred (100) times per tiitiute. Junkyard. The disinant]4ng or wrecking of [,,o-@or v@@ii,lles or trailers, or th-, storage, sale or du,,iping of disman-'@l@d, partia'lly dis!-,Ia.,itled, obsolete or wrecked v-ltlicles o- their parts Pr other scrap -,ietals. Kennel, Conr@,ercial. Any pr--mises iri which caring, breeding, ho-ising, and keeping of dogs, cal-'s, or other domest4c anirrals is done fo,l n,.onetary purposes or any parc-,l of land @jp,,,)-i whi-n five (5) or more dogs over four (4) ircnths old are kept. Kitchen. Ai area within a housekeepirg unit con'uains a cooking facility. Landscaped. A main-tained area devoted exclusively to plants 1,ihich are roo@u@,d directly in the ground or in perwlnently fixed planter boxes. Lodging Unit. Living quarters for a faniily which do noL- contain inde- pendent kitchen facilities, proviciedhovi,.,ver, thit d@,jelling units vihich do not exceed five hundred (500) square @eet and are made available for occupancy on a lease oy, rental basis for periods of le.ss tnan o@ie (1) week shall be consider-2d lodgirg uni@Gs even though they contain independent kitchell facilities. Lot. A piece or parce.1 ol@ land ahuting ort a s@,@@et. Lot Co,verage. That port@ion ot@ a zoning lot covered by enclosed building si)?ce including total area of all covered ope-n space (except for op--n space covered by eaves and norial overhang of roofs) but not including uncovered en'Lrance platiorrs, tincovered terraces, or un- covered steps where such features do not "I@e;@selves constitu-Le en- closures for building areds b.-lo@q them. Lot, -rront Of. The front of a lot shall be cor,,sidered to be t@,at boundary of the lot 1/2.jhicli abits on @ s"reet. @-lanufacil-uring. The riechanical or -Iri-riical trFtns@lorr,.ation of irorgan 4C 0- organic substances into new products. riobile @'ome Park. A par-el of land under s-@@ngl-- o@@inership on 'vihic,@ (?-) mo.@ile @re niz: coFioly wi-uh the rpinif,.um lot a-ca or @qidt@,. rocluire@ients of the district in@l.ihich it is loc@,*,@d, eithe, on the ef'@@ctive date of this Ordinanoe o,c as a result of any subseclient aiiiendm-@nt t,@creto. 18 Nonconl@orming Structures. Anv struct@ire which @qas previously laWfLil but which does not ccm,c)ly v,,ith the bulk, yard, setback or height regulations of the distr'lct in@,ihich it is located, either on the effective date of this Ordinance or as a result of any subsequent amendment thereto. @lonconforn,ing Use of Land. Any use of a zoninq lot which was previously lawful bu@, which dces no'@. conform to @he applicable use requlations of the district in @ihic,@ it is loca-led, eit@ier on 1-he effec@Live data of this Ordinance or as the result of any subsequent a.,nendment there- to@ Nonconformi.ng Use of Structures. Any use of a buildinq or other structure was previ-ously 1,:i@v@ul b,,it which does not conforrn to the ap- pTi.-cable use regulations of the district in which i'L- is located., e@t[iE!r on the effective date of this Ordinance, or as a result of any subsequ--nt arendment thereto. Nu@inq, CQrtvalescent or Pest Home. A dwellinq place for three (3) or more agad, i@nfirm or incapaci@@ated persons vlhere nursing care and minor tr,e-dical services only are. available to residen@Ls thereof as dis- tl,rLgui,shad from a liospital or extended care facility devoted to the diagnos,is, trp-atrren-L. or care of the s,@.ck or injured. Octavp- @.and Filter. An ins'rument standardized by the American Standards As.soci,atiort, us.ad in con,@junction @,iith a sound level meter 'Go take r,easurements in sdecific octave hands. I Outdoor Advp-rtisinci Structures, B@llboards, Poster Panels or Signboards. A sigrl structurc- providing d@splay or displly sr)ace on a lease or re@ual basis iri conie@--lic-i viith the conduct of the outdoor ,adver- tis.ing b-usine-as, tthicfi provides ou('.door displa,vs o, dis- pla.y space on a lease or rental basis for general advertisi-ig and not primarily or n@@cessarily for advertisinq related to the r,,remises arL w4i,ch- erected or -lo pi-oducts o@, services orovi ded on sucl, premises. Oviner. Any persons or aullhorized age@it tlho has legal title to 'Uhe land involved or viho has a lease having a -Lerm of no'@ less than thirt,v (30@ year@'. Parkftlg I-ot, Commercial. A parcel of la-nd or por-lior; thereof tis@-d for the pa-!,ing or storage o@ r.,,o,@Or veh@cles as a. comr,,@rcial ei"erp;-ise for i,ihich co,-Po,@nsation is charqed independen,-41y of a-,iy othar us,- of the prer,ii,ses. Plan- "Plan" as use(I in Ar@uicle 11, rela-Ling -Lo Pl,,n,-@ed @eveloIL),Tent, shall m@?,r '@e 'ev-'.o-)Tent ,)roic-ct, th,@ cQ,,@, n opeii space, arl.1 p,@blic i ti @s 19 Planned Development Project. For purposes of 'Uhese regula@Lions, a planned development is land under unified con-@rol, pl,,nned and developed as a whole a,-cording to comprehensi 've and detail,2d plans which include not onl,y streets, utilitip-S, lots, or building sites and the like, but also sit-- plans. floor Dlans, and elevations for all buildings as intended to be located, cons,-ructed, used, and related to each other (to the extent required for datern@inations to be made under these regulations), and detailed plans for other us,s and improvements on tlie land as related "o tlie buildings, and %,iith a program for provision, operation, and niaintenance of such areas, improvements. facilities, and s--rvices as will be for the common use by some or all of the occupants of the dis-rict but will not be provided, op@-ra-@ed, or maintained at general public excense. I Planning Director. The Planning Director of the City btt'u it shall also include designated representatives of the Director. As appropriate 'to the circumstancestapproval by the Dir2ctor shall include ap- proval by his design ed representai--ive. Portable Rpcreation Housing - Recreation Uni@s. A general term used to c include travel trailers, pic@-up campers, t@nts, converted buses or similar devices other than mobil@e homes intended for use as temporary portable rec.-Cational @,ousing. Private Club. An incorpora@Led or unincorpora-L.,2d iissoc4ation for civic, social, cultural, religious, litera,(@y, r)olitical, recr@,ational, or lik,@ activities, operated for the be-nefil- of its mem,@ers and not, opan to the general p@!blic. Priva-u@ Utilities. For t@ie purposes of this 0,@di@,ance, priva-Ge utilities ,ire. intended to incltide private se%qage treatirent plants and private wat,-r supplies serving residen'Lial subd4vis-@ons or o-Lher groups of uses or structures; p,-oiided t@,at -Lll,,ie term "priva'e i-t-Lilities" shall not include cesspool s I individual household septic tank sys@ems, in- dividual household a--robic unik-s, and 4nd 4vidual %ia-ler supplies. @ i Public Open Space. That part of the net lo-u area vjhich is open and un- obstructed from its lo,,4es-@ level to the sky excedt for roof eav-@s 1 a,nc.1 overh.angs. Any area used for parking or naneuvering of aitc- ,r,otive vetiicles or s-t,orage of equipnient or i,eiuse shall not be d2eip.ed open space. P,ecreat@cn Space. Open space for both passi,le and active recreation. P incli,,de -)!i-door sit-(,iii- ar,@as in e r@cr-,ati,@n ,3 @dik@qays ovL@@t- i @.ial@v,iays or porzi,)!!S cli @ i recreation areas in(-.I(tde but are not litnite(@ to ped--S-Lrian ways located and landscapo@l to provide for strolling ctivities, ten- nis cour-LS, swin-ning and boat-ing areas, shli"floboard courts, bridle path-s' play lots, playgrounds and playfie-lds. 20 Retaining Wall. Any wall which function is to resist the lateral dis- placement of any ma'Uerial. Roof Level. The hiqhest point of the co'I)ing, not including any parapet or facade, of a flat roof or the deck line of a mansard roof or the average height of the highest gable of a pitch or hio roof. Rooming House. A building or group of attached or detached buildings containing in combination three (3) to nine (9) lodging units for occupancy for @ieekly or longer periods with or without board, as distinguished from hotels and tourist homes iFi which rentals are generally for daily or weekly periods and occupancy is by tran- sien@L.s. Sp-rvants Quarters. Dwelling or lodging (inits for dorrestic servants employed on the premises. Sign. Any device designed to inform or attract the attention of persons not an the premises on which the sign is located, provided however, tfLat flags and insigna of any governrrent or non-profit orcanizal-ions except whan displayed in connection @@iith commercial prcmo-ion shall not b,p- included in th-a applicatiori of the regulations herei*n. Signs., Number. For determining number, one (1) sign shall be considered to be a display or device containing elements organized, re-tated, and compqsed to form a unit- Where matter is displayed in a random marLner vti:thout organized relationship of units, where strings of lialits, or pennants are used, or where there is reasonable doubt a out tha relationship of elpr,,ents, each elemen-G, licjht o- pen- nant @hall be considered a sirigle siqn. Double-faced signs @@iill b-e- courlted as a single sign provided tha-L the faces are Darallel or are- not separa+led by an angte greater than fifteen (T@) degrees and are part of the same structure. Signs-, Surface Area. The surface area of a sign shall he comouted as ijicluding th-- entire area within a parallelogram, triangle, circi-,, semi-circle or other regular geomp-tric ficure, including all of the eleraen+-s of tlie matter displayed, but not including blank masking, framp-s. or structural elp-ments outside the siqn surface and bearing no adverti'sing matter. The surface area of each face ol@ a double- faced sign shall count to to-lal siqn area permitted. Souftd Level lleter. An instrurnent standardized by the '@,erican Standards As-sociation, used for measurement of the intensit,,@ of so!,Ind, anJ calibrated in deciblps. 21 S@ree@. A vehicular way (,,vhi-@h m,,iy also ser,,e in part, as a way for pedestrian traffic) whether called strep-l@, high@lay, thorolighfare, parkway, throughway, road, avenue. boulev,@rd, lane, place, alley, mall or otherwise designa'God. Str2et, Arterial or tlajor Street. A street used by or designated pri- marily for fast or heavy traffic and for the purpose oil this Ordi- nance shall be considered to be as shown in ariy conipre.'iensive plan or elei,-ient thereof designatirg such ar@l,-ri;il or r,,ia,ior s@urea@Ls or highways officially adopted by City Councii. Street, Collector. A street used primarily to carry traffic from minor s.@L.reets to arterial or major streets or hiqhways. Street, Marginal Access. A stre--t used @Lo s@@arate local traff4c from throug@ traffic on @i,,i adjaceit thorough@:i,(-2 and provide controlled ingress to and egress from through traffic. Street, ',Ii,nor. A street used priiiiarily for @cc-'ss tr) abuttinq properties and includp-s marginal accp-ss streets w@ich a-e gen@rally pa,allel a@id adjacent to arterial streets or high,@ia@s serving abu+ting prop- erti-es and providing protec-@ion from friction wi-L-h through t@,@i,@fic. Structure. Anything constru,-ted or erected a fixed location on the groLitid, or requiring a fixed location on @@'le ground, or a+ltached to soraething having or requiring a fixed location on tlie ground. Studan'@ Center. A building or sty,ucture deva@ue,! to active or passive recre-ational faciliti,p-& for s@uudents of ,. college or Lniversity@ Studant Do,mitory. A building or slructure. r?-v,)ted to @,oiising of requ- larly enrolled students o, a college or u@niversity which con@ains ladging uni@ts or sle@pirig rooms and f,,iiv coitain a common kitchen and diriiiq facility for tlie occ,-tpants. TELr6E-Co@noonen- 10,easurinq A devicc, @or @-ocording the intensity I L , @ystem. I of any vibratior. in t@re-- (3) mutually t)e,-r)e-ndicular directions. Tourist Home,- A building or group of attach2d or detached buildings con- taining i-n combination three (3) @.o nine (1) lodgina and/or d,,qelling urii.@ for occupancy for daily or w(-ekly pe-rigds wit@ or without board, P-nd primarilly for occupancy by transi @-s d4stinguished from multiple dwellirigs and roominq houses ir, @@!@iich occ!inan@y is i)rimarily b.y resident@ rather t@iari Lransi,.,,its, Us.3LbTe Roof Area- Total roof area oF residen-'Iidl bliildings, garages, a,-.@ accessory bui-ldings which has been landsca'ned or impt,oved as re,7-'- a,tiorL space for t@s-2 of res@c[2nts of th@ C# (1) Any purpose f@,, a strticture or it tract of land is: design@i, arranqed, intended, or oc- cupied or 22 6 (2) Any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land. U'L.ility Installation. A use or structure used directly in distribution or transmission of utility services, but not including storage yards, offices, warehouses, machine shops and the like. Yard. A required open space unobstructed by any structure or portion O',': a st-ucture from thirty (30) inches above the ground elevation: provided, however, that fences, walls, poles, posts. wires and customary yard accessories, roof overhangs or eaves extending not more than forty-eight (48) inches in@@o a yard. and carports and garages may occupy portions of certain yards as provided herein; subject, however, to height limitations and other requil-ements limiting obstruction of visibility a,gplying to su--h Ivards. Yard, Front. An open unoccupied space on the same lo@@ with the building between the front line of the building and the fron" line of the lot and extending the full width of the lot. Yard, Rear. A yard extending across the rear of the lo" bet,4een inner side yard lines, except that in the case of through lots, and corner lots there will be no rear yards, but only @ront and side yards. Yard, Side. A yard extending from the rear line of the required front yard to the rear lot line, or in the absence of any clearly defined rear lot line to the point on the lot farthest from the intersection of the lot line involved from the public street, except as indicated below. (a) On through lots, side yards shall extend from th-. rear lines of required front yards. (b) On corner lots, yards remaining after front yards have been established pursuant to -@ection 201 of this Ordinance shall be considered side yards. Yard, Special. Any yard so placed or oriented that neither the term side yard or rear yard clearly applies. Zoning Lot. A lol- or any portion thereof, or contiguous lots ol@ the same o,.qnership within a single zoning district which are -o b-- used, developed or built upon as a unit. 23 ARTICLE 2. GRNERAL REQUIRE'@'@,@N"S AND PROCEDURES APPI.ICABLE WITHIt4 V,@RlOti.S DISTRICTS A. Regulations Relating to Lots, Yards, Heights, Off-Street Parking and Off-Street Loading 200. Zoning Lots (a) Lot area. The area of a zon 4nq lo- shall be tii@- 'otal area- t@iithin the lot lines of the zoning lot, including utility easefnE!nts but exclusive of rig,'I@,s-of-way for ingress or egress in favor ol- others, of easemen@s for rajor drair,,age channels, and of rrajor bodies of water. In addition, the required lo' area shall not be in marsh or c2r[ranently or intermittently inundated below an elevation otr si-I ('D) fee@L above r,@ean sea level provi(Aed, however, that in th,@ case of the R-1 District not more tlian forty (40) percci'L of the required area and in the R-2 District not mo,-e than -@@,ienty (20) percen-L of the required area may be in ni,,.rsh @.-,r perman@-rtly or in@-.,rmitten+lly inundated or located below an @@l--v,@tion ol@ six (6) fee'L above mean sea level. (b) Lot width. The width of a zoning lot shall be dellermined by measuring across the rear ol@ t'le re(,uired front yard; pro%,id- ed, however, the str--et lin-, width of a zoning lo'u shall he determined by measui,emen' across th@, wid@@h between the side lot lines of said zoning lot a' the r)oints 1/2qhere -uh(,.y inter- sect the street lin--. Sa4.d st-ee'@ 14.ne shall no-L be less tha.-i eighty (80) pe-cent of requi),ed riinimu,,n lot @'lid'lh. Excep@@ion: In the case ot' lots on th,. turning circle of cul-de-sacs or a-L points of stree-@ curvature @qhere the radius at the r4ght-ol'-,@vay line of th@ stree-L (or a -lirc7e appro X4 1- rnatel follOW4 ng the line and inte-sccting the y 6 I foremost points of th,@ side lot lires) is less @u@.,:in rinetv (90) fe-.t, the eighty (80) percen-. requireiren-L shall not a.Dply. l@he diaqrams below indica-le t@,,@ reo.ulirer.,ents ard relationships involvea: Lot taper permissibie. at 90' Lol-s wi-,,,'@ i in@s L6 a curve radius (A) or along curved street line t,ii-h a cur- straight street (B) with re- ved adius less ',-h@in 90' (in q,.iired front yard depth 25', this case 70') need no-, c(,Mpi@,/ req,dired lot width 60'. @@jith 80,@ rule. Lot C shc),v;s (Street line 80% of lot width application with 20' fron' ya@@d, as measured at rear of re- D with 25' appl@es in tiir,ning quired ft-ont yard.) ci,.-cles ol- cul-d(,-sacs, c,,@ at shar,p bends in streets. 25 (c) Lots of unusual depth. l@lhere an existing lot is of suffi- cient area to permit the erection of more than one (1) build- ing in districts permitting residential building, one (1) additional single family residence rnay be permitted through resubdivision of the lot, provided that the lot can be resub- divided in accordance viith appli,-able zoning requirements and subdivision regulations, and that a fifteen (15)-foot easement or right-of-way meeting the requirements of subdivision regula- tions is provided and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. Such arrange- ments shall be permissible only where no public expenditures for streets or extensions of utilities are involved, and vihere the following special conditions are satisfied: (1) That a portion of the lot to be resubdivided be adjacent to a public street. (2) That for reasons of unusual shape, dimensional restric- tions, topography or area limitations, a norlal street dedication of fifty (50) feet cannot be made. (3) That the lot to be resubdivided shall exist as an iso- lat'ed example and that i-L not reoccur in a repetitive manner in the area or subdivision. (d) Lot location. Except as herein provided, every building hereafter erected or moved shall be on a lot adjacent to a public street and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, or required off-stree." par@,ilig. 201. Yards (a) Front yards. Front yards shall be provided on all street frontage in accordance with the general regulations of the district relating to minimum depth of front yards. Required front yards shall be measured perpendicular to and parallel with the street frontage line; provided, however, where Transportation Plans have been approved and adapted by the City Council, the yard requirements shall be measured from the right-of-way line established on said Transportation Plan or the street frontage line, @,qhichever is the greater distance l@rom @Lhe established center line on the Transporta- tion Plan. (b) Other yards: in @u@ i@a ii n e,, y@, rl s i i S; s minimum width require(,' by districil requlations with its inner line pardllel viitii t@ie side lot line. (2) The depth of a required rear yard shall be measured in such a manner that the yard es'@ablished is of the 26 iiiniF.iuiii @-iidt-@ requirf2d b,/ -d@strict re(,!jlFl@ions @ii-Gh its inner ii@ie parallel tho rear lot linc. (3) In the case of speci,,-l e, y@,t-ri !i-Lr, minirr,i@'i dirne@sions req@iired for a s;,Ie or rear yard shall be pro,,ide(l, runring parill@,' -o @.qa iii- in- volved as for side or r@eir (c) Requiremen-Ls relai,4ng to garagls and ':,,i yai-ds. portion of any garage or ca,-n-,t shall c front, side or rear yard. (d) Requirefr,,ents relating to fencc,,; @irid @ialls ir). -,,Is Fences and @@ialls within yards sliill 'i D@ ,XC 4 1 -@ oQj, '71 @@@ @i' @ @ o eiglil@ (8) feet. ',,Ialis and fences, ia., proj4 @, c '-o, enclos2 any part o l@ any yard , provided , ho,.@jever, iv @,2nc-. or %@ial I vjhich projec-us in@o or @i @,,,ri shall not exceed a hei(,,iit of @ot@r (,',) -@f2et. (e) V4,,;ibility @riongle reOLlirC'f@en@S @io wall, f,@nce or other strL!-Iture sliall exceed a of tiiirt-,( (-DO) irci,,es above the finished elevation of a drive@vay 1/2@iitilin a vis:lbility triangle created by roeasuring tE@r, (10) f,@et i,-i froi,,i the inte,section oF a driv-1@qay bo@@nclary and proper@'y lines, and ten (10) fee'u along the prop-@rty lines a1/2iay from the drive- way @@jitli the e@-ids ol@ tlie tt@to (12) -Llen 14nes con- nec-@c,.d in a streig@it line to 'or@i tl,le vis-@Ibili@@.y triangle. The thit,ty (30)-iic@i height for any portion @iithiil -,he tria,,igle shall '@,, co,.nputed fro,,l th,- eleva'@.ion nl@ t,@e drive- %,iay v,,hich is p.@r,pLr.Cictilar to th!t@ 1-i@rtion of kiall or structijre 11,1@e trian@,le. 202. Peigh-L. Regulatioris (a) tlhe@iever heigh" limits for buildings and other str@ictures are established, no portion of ariy building or other struct- ure shall extend abgve such height limits, excf-,.D-@ residential chimneys, roof overhangs or eaves @,qhic" do not extend more than forty-eiglit (48) inches, line-cf-sight r,elayirq devicps, broad--asting ilo@,,jers, radio or television ani---.nnas, sdires, flagpol-.s or i7,nriumen@@s ollh,2r@-iise appro,/ed fnr erection; pro- vide@, fio@qever, tiiat a,,id tar,'@<s ri,,,y alst, extend be.,,,on(i siich li,,flits, if t@,@@,y clo ric)t e,@C,?,-d ;P, he4-,Ilt the distance to the n,,arest, lot line; ard furt.@er pro,,,-!@-ed that on-, k'l) antenna for purposes of an amateur radio station oper,;itiop. iiia,i ey.-@erd beyond si4d. height Ii ii-Ls bu-@ sha-i (b) .lo ve r ri,, @i (i c o.,. r o n nnav;(7;i@ije aIr spacc shall 1)@ cjove-ned by @c(ier@il Avii@Lion Requlation,@, Part 77, Sub-chap'uer B or as ainenkled. 203. Off-Streall Parking Require,,nen-Ls I (a) General standards. Any off-street parkinq space shal' l,ave minimum dirqensions of nitie (9) by twenty (20) feet; provided that minimun, diiiiensions for parallel parkinq spaces shall h@ nine (9) by t,,ienty-@l,,qo (22) feet. Each space shall be un- obstructed, shall have access to a street and shall be so arranged that any autaniobile may be moved without moving ati- other, except in th,- case of parking for one and t,,Vo family dwellings and in the case of parking @or em,)Ioy-2@ on -1he premises. All spaces shall be provided and maintained @..,4flI an all weather surface except in the case of parkirig for oiie and two faiflily detachpd dk@iellings. e'-e'oarking areas a,re illuriinated, all sources of ilIU7.iinat',oi shall be so shield--d as to prevent any direct ref]2c,-ion toviard adiacent premises in residen@Lial , apartrierit, or hr)tcl (,istricts. In addition: (1) Parking areas for thre@ 3) or i-,iore @@u-oniobiles shall have individual spaces ria@@ked -.xcep@@ ;?l @lhe case of parking for one and two fa.@@ ly deta.--hed 0,@.iellings, and spaces shall be so arranged tha- r,,o rranet@vering directly incidental 'Lo e-i'@cring or leavir;,,j a parking space shall be on any pu@'D7@ic s@Uree'@, alley, or iialkway. (2) Where eight (8) or [,-,ore spaces are @irovidpd on a zoning lot a suitable @@urn-aroLinl irea s,@ail b-- provided in order that all vehicles shall en"or st@r(,-et in a for@,iard ranner. (3) @linimurr, aisle viiciths raquired for pdrking ireas shall be accor(ting @Lo tha follo@-iing tlbile: Parkinci Angle Aisle 14idth (in clegrees) (i,.i k'(-,et) 0-44 12 45-59 13.5 60-69 18.5 70-79 19.5 80-89 21 90 22 kib) Parking for accessory uses, Unless other@v4se specified in the district regulations, accessory uses shall con47orm to tile pr,,nci,di u@@-2. or (c) Comrr,-.rcial vehiculir parki@ig. Overnilh-L. @Ek@k4n(i a' a c,)Ir,- rr,arcial vehicle in resi@,ential or clis@Iric@'s shall be prohibi-ed, except t@lIL or.(, (11) cor@@r,-,erc4,@' ic e of L feb I three-quarter- or less b2 par@,@,,d (,@l -,,ny lot where there is local-ed a itiair 7)Liilcl4,g by a resil@,rt of t@ie premises. 204. Off-Street Loading Requirements (a) The off-street loading requir,eipents herein specified shall applv to all zoning lots exceeding @D,000 square @e2t in area fo- the class or kind of uses indicated. In addition, @n conn2ct-@on,,;@@,ii planned development zoning ard conditional use Perr,,its involving such classes or, kinds of uses, special requirements may be imp@)sed. (b) Moreover, if any building existing on the effectiv.- date of thase provisions is subsequently 21tered to increase @loDr area by -ifty (50) percent or more, or converted from any o@@her use to the uses listed in Column I of the char@ below, off-str@et loading sp,lces shall be provided as indica'@ed. (c) Where a building is used for rior2 than one (1) use, and floor area for each use is below ininiiium 1--qui,ing a loading spa(--@,, the aggregat,@ floor area of the several uses shall ba used -in determining the number of loading spaces required, provided that such calculation shall be based on 'Lhe Lise category requiririg the great--st number of loading spac@s. Column 1 Colti-nn 2 Column 3 Use or Use Floor A@'ea ir Loading Space or, @@iare Fe@t [@equirernents Retail stores, eating and 2,000 - l@,000 On,2 drinking establishments, 10,001 - 20,COO Two wholesale houses, ware- 20,001 - 40,000 Three houses; repair, general 40,001 - 60,000 FoL-r service, manufacturing or Each 50,000 over 60,000 One Additional industrial establishme?nts Hotels, hospitals or 5,000 - 10,000 One similar institutions 10,001 - 50,000 Two or places of public 50,001 -100,000 Three assembly Each 100,000 over 100,000 One Additional Funeral homes or 2,500 - 4,000 One mortuaries 4,001 - 6,000 T 0 . w Each 10,000 over 6,000 One '--'-'Itional cr buildings 50,001 -100,000 Tvio Each 100,000 over 100,000 One Addilional 29 (d) No loading space required under the provisions of this Ordi- nance shall be in any street or alley, but shall be provided within the building or on the lot. No less than half of the required number of off-street loading spaces, but in all cases at least one (1) space, shall have a vertical clearance of at least fourteen (14) feet, and the balance of required spaces shall have a vertical clearance of at least ten (10) feet. Each loading space shall have minimum horizontal dimensions of twelve (19) by thirty-five (35) feet. Each space shall be unobstructed and shall be so arrano-ed that any using vehicle niay be moved without moving another. Adequate maneuvering areas and access to a street shall be provided and shall have a vertical clearance of at least I-ourteen (14) feet. All spaces shall be provided and maintained with an all-@,ieather surface. Where loading areas are illuminated, all sources of illumination shall be so shielded as to prevent any direct reflection toward adjacent premises in residential, apartment or hotel distric@@s. In addition, loading spaces for three (3) or more vehicles shall have individual spaces narked, and spaces shall b-- so arranged that no r@ianeuvering directly in- cidental to entering or leaving P lrading space shall be on any public street, alley or walk@qay. B. Signs, Regulations 210. General Regulations In any zoning district the following general regulations shall apply as well as regulations in Chapter XXIII "Signs and Outdoor Displays" of The Building Code of the City of Virginia Beach: 211. Signs Permitted in All Districts The following types of signs are exempted from all the provisions of this Ordinance, except for illumination, construction, and safety regulations and the following standards: (a) Public signs. Signs of a non-commercial nature and in the interest, erected by, or on the ord-.r of, a public of.4icer in th-. performance ol@ his public duty, such as directional signs, regulatory si.gns, Wdrning signs, and informational signs. (b) Temporary signs. Temporary signs announcing any public, ir i o,- i,)n , and set back no I-.ss than ten (10) fee" from the property line up to a sign area of thir@ly-tvio (32) square feet. Such sign shall be allo@qed no more @lhan thirty (30) days prior to tlie evp-nt or function and must be removed within seven (7) days a@ter the event or function. Such signs 30 may be illuniindted iti acco(,dance t@ie resiri-,tions set forth @n Sec-uion 213 hereof. If building mounted, these signs shall be flat wall s@g.-is and shall not project above the roof li,'Ie. If ground r-,,)tinted, the top shall be no more than eight (8) feet above level. (c) Integral. t,,:.imes of bililclirl(,,s, date,, of erection, r-.nument,,] citatioris, cori,,i,,lep.,ora@ivl, t@blc--ts ard 'Lh,,, 14ke carved into stone, concrete or si,,nilar rnatai,i,,l or @,ade of bronze, alumiiium or other perrranen' 'UvF)e cons'-lruction and T,,ade an intergral par-L of the strtic@@!r2. (d) Private traffic di-ectio,-). Sig,ls directing traffic move- men'L on-L-o a prernise or @@iithi,@ d preinise not exceeding fotir (4) sqtiare fee-L in ared i,)r, ea(:.i sign. (e) Political campaign signs. Signs announcing cand4ldates st-eking p,,iblic p.Dlitical of,@ice and oth--r data pertinent thereto s@all be permi@ted lili @o a lotal area of eight (8) square feeu' for each premise i@, a I,csi,-Ien-Lial zone and thirt -tvio (32) squar,, l@_eL in a corrmgr--ial or industrial y zone. These signs shall b-L, cc@nfine(i within priva'Le property and shall not be less tr,,an fi@L-en (15) feet fro. rn the near- est edge of the pavement an--]' 0.ie hund@,ed (100) feet from the nearest ciarb intersecti,)n oF ani street or road. These y sions niay be disr,,Iayed SIX@L '-O -y d@iys prior and seven (7) days af'UE@t, th,. elcction @or iriten@ed. In cises where a firal elec'Lion fo-.-o',vs a pri.@ary election, those candidates ,,iho vion in the pr,ir,,,,ry election Mdy continue to displ,,y s-@'g,-is "@e iriterim period a,.id up to sevl-r ',/@/ c!ays af-Ue- t@e final el-cc'@ion. ThEse signs shall not be displa@,ed on s'--r,,-,3ts hivin g 4 sign re- sr)eclal strictio,,is as d-Isigna-Led in @lc-,c-Lion 216 (f). (f) Identific.@t'on signs. S'@gns n,.t exceeding ore (1) square foot in ar2a and bearing o-Ily p,-operty numc)ers, post box numbers, names of occupanl'-Is or premises, professional or other ideitification of rremises not having co,-,@r-@ercial connota-@ions. (g) Construction signs. One (1) sign on each road,,qay frontage not exceeding thirty-t,.qo (@2) sruare f2et in area and bear- ing Of',"IY 'L@,e riamgs an,@ @l- -L@1,2 )rc)j.@@C.r , -- 0 ',l 4,,ractors, architec'@-@, dovelopers, l@nanci,-i" ins 14 -u'ions, or engineers engaged in the construction proiecl.- -Inly during @'he construc-i,-)n or dev@lopmen- is act4v@ly under@,,J,,Iy. S@!lh siqrs sh(@,i"(! 5,t bn@k n3 less (10) 3 212. Signs Prohibited in All Districts (a) Signs which imitate an official traffic sign or signal or wfiich contain the words "stop," "go slow," "caution," "danger," "warning," or similar viords, except provided in S-Iction 211 (d). (b) Signs which are of a size, location, @novement, content, coloring, or manner of illumination which may be confused with or construed as a traffic control device or which hide 4 from view any traffic or street sign or signal or which obstruct the view in any direction at a street or road intersection. (c) Signs in any public right-of-way, except as provided in Section 211 (a). Signs projecting over public property 4 shall be permitted in accordance with the Building Code, only where "O" setbacks are allowed. (d) Signs which advertise an activity, business, product, or service no longer produced or conducted on the premises upon which the sign is located. Where the owner or lessor 4 of the premises is seeking a new tenan-L, such signs may remain in place for not more than ninety (90) days from the date of vacancy. (e) Signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices. These devices when not part of any sign are similarly prohibi-L.-cd. (f) Signs which are pasted or attached to utility poles, trees, or fences, or in an unduthorized i-,.anrPr to walls or other signs. (g) Signs advertising activities which are illegal under federal, state or city laws or regti'!,-,--ions. (h) Any sign displayed on an autorrobile, truck, or other motorized vehicle when that vehicl@l- is i-ised primarily t for the purpose of such a@ver"ising display. 213. !illumination (a) The light from any illuminated sign shall be so shaded, shielded or directed tha-6 the ligh-@ intensity .r brighil- S 3 SII r;D I I V @r,.; of vehicles riloving on pu)iic or roads, hig,@i-,qays, or parking areas. Ligiit shall not sl;iiie or rel@'i,@ct in an ol@fensive minner or, c)@, i@i-Lo r-Isicl,@iti-al s'-ucttires, including rio@l-els. 32 (b) No exposed reflective type bulbs or incandescent lamp, shall be used on the exterior surface of any sign in such a manne.- that will cause of,-ensive glare on adjacent property or create a traffic hazard. f kc) No sign shall have blinking, flashing or fluttering lights or other illuminating devices @,ihich are so constructed and operat-.d as to constitute a public safety or traffic hazard. 214. Height and Setback (a) No ground sign erected on its own structure shall exceed twenty-four (24) feet in height from ground level, provided however, a variance in heigh" rpay be allowed by the Zoning Board of Appeals if it can be shown to the Board that exces- sive grades, building interference, bridge obstruction, and the 1"ke exist, then the height may be increased to a maxi- mum of forty (40) feet. (b) No ground sign, except billboards, erected on its own structure shall be set back less than s,.ven (7) feet 'rom any existing public right-of-way. The minimum sign set- back from interstate roadways, and expressways designated by City Council, shall be one hundred (100) feet. 215. Non-Conforming Signs (a) All portable or non-structural signs in violation of the provisions of this Ordinance shall be removed within ten (10) days of the adoption of this Ordinance. For purposes of this Ordinance, a sign shall be considered as non-struc- tural if it has no permanently mounted, self-support,'ng structure or is not an integral part of a buildi,ng to which it is accessory. (b) No non-conforming sign erected before adoption of this Ordinance shall be enlarged, moved, replaced, or repaired at a cost in excess of fifty (50) percent of its current replacement cost unless same shall be brought in compliance with the provisions of this Ordinance. A@ll non-conlorming signs in any district which are not maintained in a con- tinuou3 state of good repair and/or all t,on-conformi.-g slgns vih4ch are abandoned for a pericd of -@wo (2) years shall be removed. For purposes of this Ordinance, a @ign shall be considered as abandoned if no copy or advert-@sing ma-uter is exhibited on tha advertising faces 0,@ t'!ie 33 216. Ou+ldoor Advertising Structures, Billboat,ds, Signbodrds, and Poster Panels Outdoor advertising structures, billboards, and signboards may be er--cted only on uniTproved property %qith"n B-'-,, I-1, and I-2 districts provided that @Lhe following specific regulations as well as the general requirements of this O@'dinance are complied viith. (a) No outdoor advertising structure, bil@,board, or signboard shall be loca+led @@/ithin five hundred (500) feet of an interchange, or intersection at grade, on any @iigh@@iay, interstate or City Council designated expressway (measured along the highway, interstate or express-@idy to -,he near- est point ol@ -Lhe beginning or ending ol pavemen-L. widening at the exit from or Pn Lrance to the indin travel way). On L all other streets no outdoor advertising structure, bil'i- board or signboard shall b2 loca-Led vii'@hin two hundred (200) fee-u of any r4gh'L-of-way of an@, und--rpass, overpass, bridge or tunnel or any plaza serv@Ing su-.h facility. (b) No billboard, poster panel or signbcard shall be closer than fifty (50) fee+, to any propertv line nor loca@led closer than 660 feet to the ri,,,ht-o-F-vi-ay 14 ne of any interstate or ex.pressway designated by City Council, nor closer than t@qenty-fi\,a (25) fe2'G o@@ -L.@ie right-of-way of any other stre2t. However, no @illboard shall be located within two hundred (200) feet of aiiy established residen- tial district. (c) No two (2) outdoor advertising s@Lruc@ures shall be spaced less than five hiindred trOO) feet apart on anv ilig@,@qay, interstate or express,,,iay designa@@ed [)y City Cotincil, except that greater spacing may be requir,,,! siibject to the District Regulations. (d) Outdoor advertising s@uructures or billboards may be single- faced or double-,Faced but no billboard shall contain ri@ore than two (2) signs or pan-.Is per face and shall not exceed in aggregate a to'Lal area of six hi@ndred (600) square f2et is per face. No sign shall exce--d fii@ty (50) feet in length., (e) Outdoor advertising structures, billboards, signboards, off-site directional signs and poster ,)anels which are displayed on a rental, lease, or o'L-.her basis are pro@ibi@---d fror,i being erec'ed along o- orientcd @,,),@iard strepts O-,r S,oe@-ial Sign R2s@@rictions". 1971 wi-Uh the r@erk of '.ne Ci-ly Cotinc,"l, aii,,! 'une 21, 1971. 34 (f) The following streets, highways, interstates, and express- ways shall,, beginning with the effective date of this Ordinance, be designated to have Special Sign Restrictions: Northhampton BoulLvard, Independence Boulevard, Shore Drive (U.S. 60), First Colonial Road, Great tleck Road, Little Neck Road, Virginia Beach-Norfolk Expressway (VA. Rt. 44), Gen-aral Booth lo',oul--vard, U.S. Interstate 64, and Sandbridge Road. C. Conditional Uses and Structures 220. Procedural Requirements (a) Application for conditional use permit. Any property owner, developer, optionee, prospec@ive occupant, lcssee, government official, depar-Lnent board or bureau may file wi'Lh the Plan- ning Director an a'oplication for a conditional use permit; provided that the conditional use sough@, is permitted iii the particular district; and provided further that in t',,-- case of other than the owner the application is acknowledged by the owner of the property. The application shall be accompa- nied by a plan showing the actual dimensions and sha::e of the lot, the exact sizes and 'locations on the lot o@@ exist- ing and proposed buildings, if any, and @Lhe existi,,ig and proposed uses o" structures and open areas; and by such additional information relating to topography, access, sur- t,ounding land uses. (b) Fees. The application shall be accompanied by a fee of seventy-five (75) dollars to cover the cost of publication of notice of public hearing and processing. (c) Action by the Planning Director. The Planning Director shall study the application and shall confer ,qith pertinent city agencies to determine whether the proposed conditional use conforms to the general purpose and intent of the development plan and any applicable reg(liations which have been adopted and to the requirements of this Ordinance. Upon complp@lion of such review, the Planning Director shall transmit the @-indings and recommendations of the city agencies to the Planning Commission. (d) Action by the Planning Commission. After re-leiving @'he report of the Director, wi--h all pertinent related T,-aterial, the Planning Corrmission sliall give notice of and a public hparirg. Within forty-,,:ive (4:@)) days a@@,r @@,e hear- 4 - @ 4 v 7,P - ever, t@idt upon rnu'Ljal iDreernen-L between 'L-lie Commiss4c)n and the applican-L, such time r,,ay be e,,,tend@d. (e) Action by City Council. After receiving the recommendations of the city agencies and the Plannitig CoiT',,Tission, the Cit'Y CoLincil shall hold a public hearing and ac-L upon t@ie pi-oposed conditional use, granting the application in @,ihole o,- in part with or without @iodifications, or denyi.'Ig i+. In ad@dit4lon to the general or specific reqllirerrents sel@ for'Lh i,'l t,@is Ordinance concerning the proposed use, whi-.@l shall bE,' con- sidered minimum requirements wit@ espe@:t "o the perM4,t, additional requirefpents, coi@i tio.'Is ani saf@Iguards r@iay be added by the City Council as required For the protect4on of public interest in the s'Decilic case. (f) Rehearing for conditional usp per!, 4 @-lith@,,rawal of an application for a conditional use perr!it may be requ2sted during public hearing however, il@ the conditif)nal. Ls6- permit is denied by the City Council, subs-Larit4@ally the same ap- 0 plication shal.1 not be reconsidered vii'@hin one (1) year of denial. (g) Unless otherwise orovided when a conditional ose permit is issued, the applicant mist sho,@j ald bear eV4.dence in good faith of his intention to proc,@ed w@th the cons(-ruction and 0 use of the land. Construction shall begin or the use of the land for ,qhich a condi@licral @,,so 1)@,rmit has been ob- tained shall commence @,ii@hin twelve (12) non'liis from the date of issuance of said perpii,@; o@'her@@jise, said p.@r,,iit shall be void. Prio- to the ending of -,he teielve (12) month period, upon @@iritten requ,st 5y -Ghe R[).Dlicant -Lo the fp Planning Dire-,tor, tbe Lis,2 i)erriiit sh@311 he extended for additional six (6) r!,onths. All use perlits not acted upo- as set for'uh above shall become vo4;d eiqhte-n (18) riontils from date of issuance. (h) if the provisions of this 0-dinance or the requ4lrements of the conditional use permit are not r2t, @@hen C4ty Council may revoke tbe conditicial use permit provided that ten (10) days written notice is give,'l to the appli- cant and a public hearing is held. 221, General Standards for Condi-@ional Uses (a) Compliance ,qi-Llh requirements. cc,t! i t4or, , I iis e perr,,, shall be issued except upon a l@inding by *1@,- C@ty Coll@7,ncil that the proposed use conforms 'uo 'Uhe r-lqtliremen'-s set forth in this Ordinance and -Lha@- @he pror-osed conditional t@se will havp no r@iore advE,.rs- on L;ie ',,,ealth, sa@e-,@ v r, property or improvements in -L.he stA@,rr)u di.,Ig area t@ia,,i would any use generally per,-iit@Le,,' in t@@e district-. Among matters to be considered in this connection ar,@ traffic 35 flow and control; access to and circu":a@-4on within the property4l off-stree@@ parking and loading; rel@use and servi .ce areas; utilities; sc-eenirg and bufl@er@ing; signs, yards and other op-2n spaces; @,,,24ghl, bulk and location L of structures; location of proposed open space uses; hours and nianner of operation; and noisl,, light, dust, odor, fumes and vibration. (b'! Conformity with adopted plans. Tli2 proposed conditional use shall be in accord @@iith the purposes of -Uhe Develop- ment Plan and any applicable regulations and zonirg regulations. 222. Additional Requirements for Conditional Uses In addition to the general requirernents set forth above and limitations establish.-.d for conditioral us@-s in the district regulations, the requirements set for'@h hereat@ter shall apply to the respective conditional uses and structures. 223. Animal Hospitals, Pou,,ids, Shelters, @lo,,-rmercial Kernels Except vihere animals are kept in soundproof air-conditioned buildings, no struc'@ure or area occupied by such animals, whether in animal hospitals, pounds, shelters or commercial kennels, shall be within orie hundred (100) feet of the prop- erty line of any adjace@,it lot. At leas'u one (1) off-street parking space per four hundred (400) square feet of floor area shall be provided. 224. Automobile Service Stations In addition to general requirements, the following special re- qLiirem--nts arid limit@ations shall apply to automobile service stations in distric-@s in which th-ly are generally permitted. (a) Minimum lot and yard r@-quirements. The minimum lot size shall be 20,000 square feet with a minimum lot width of 150 feet. No gasolin-@ service islands shall be located closer than fifteen (15) feet to iny adjoining right-of-way. (b) AccEss driveways: (1) The width o@ curb openings shall not ex--eed -Lhirty-five (35) feet and tvio (2) driveways gi.vina access to a @-ingle @t.(,eet s,iii-ii I)e senarated L,,v @n island wi@,@ e. (2) No drive,,qay o@, cArb cuts for a driveway should [)e lo,---3ted v@ithir, ten (10) feet 0'- an adjoining property line or ,,,,ithin twenty-I ive (25) fc-,Pt of a s"ureet intersec-@;'ci (with property lines pro,4,-,-te,l 4,f rounded). 37 (c) Off-street parking. Two (2) off-street parking spaces sliall be provided for each service bay plus tiir-.e (3) additiolal spaces for employee parking. (d) Fencing and screening. A solid @--nce oi, rrasonry five (5) feet in iieiglit shall be erectld along all Dr,Op-.rty lines separating the site froiti any resi,,Ien-@ial or oft@ice district except wh2re required front yards aijoin required front yards of another district. P, solid fence or Masonry wall five (5) feet in [ieight shall Lie erected to enclosp- any trash area or outside storage yard @,i@ni,-h @,iould othe-,..Iise be visible -from any sucli distric's or 'If,or, any publi-. s@lree-L. (e) The ren@Lal of u@uility car,go trailers atici Lrucks is perm-ssible L I in connection with au-omobile servicf-' @tations provided tiia-L not more than ten (10) percerit of_-L@,e lot area is utilized for such use. @lot more tlian eighl (8) such trailers or tr,icks shall be permitted outdoors on the lot a@Ll any on- tiTe. Park- ing areas for utility trailers or re,'Ildl trucks p@,r,.,ni-Lted as above shall be located in portions o@ f@@,e lot @,ihere ofi@-street parking is generally permitted, provided, hol,@iever, thi-@ no such parking area for utility trailers or ren@ual trucks shall occupy portions of th- lot set aside for required off-street parking, or any other area designed fol,@ use by cars a,,qaiting servicing. Under no circumstances sliall any such parking be. located in any viay which iri@Lerfere-s normal traffic flow onto, within, or from the lot, or cr@at,2s dangerous impediments to traffic visibility. such parking shall bp- permitted closer to a?iy street thai@ s '-Iba-.k lin,@ estab- lished for principal structures. Spac@, for such par@,ing shall b-- marked by clearly visible botirie@arits, ,,nd r@o SLich unit shall be parked outdoors othe, than s@ic[i Lotindaries except when being served. 225. B-icycle Rental Establishments Where a conditional permit is issued for thL, operation of a bicycle rental establishment, not more than forty (40) bicycles per zoning lot shall be permitted. A fence or @qall not less tha,,i three (3) nor inore than six (6) feet in height shal't be pr,ovided around @he p2rimeter of the esilabli,;f"I.@-ent on pr4vdte property and maintained in good coneitibii. Only one (1) non- illuminated sign in connection wil@h t@ie establislimeit may be allowed, provided, however, that the surface area silall not exceed four (4) square feet and furthcr r)ro,iided, that no sign 0 to 38 226. Cemeteries, Colliiibariums, Creriato,ies, @lausoleums With resp--ct to cemeteries, columbariums, creratories and mausoleums, certificates of approval shall be required from the State D2partmen-6 of Health as to conform@ty with its regulations, and, in cases viher@@ bodies are to be interred, from the Heal@Gh Department, indicating t-hat there is no danger of contamination of water supply. 227. Drive-in Theatres (a) Minimum area of a drive-in theatre s4,-ue shall be ten (10) acres. (b) Relation to rrajor s@lreets; entrances and exits. The site shall be adjacent -tO a major street, and entrances and exi-@s shall be from the major street; provided, ho@qever, that where adjacent minor streets can be used fo- access to the major street, this arrangement may be permitted, except in residential districts. (c) Waiting areas. 01@l@-street parking or storag-- lanes fo- waiting patrons shall be available to accommodate not -,;-_ss than thirty (30) percent of the vehicular capacity of --ne theatre; provided that, if at least fo',lr (4) entrance lanes, each with a ticket dispenser, are provided, then the anount may be reduced to ten (10) percent ot@ the vehicular capacity. 228. Extractive Industries (a) Opera'lional requirements. The si'le of an extractive industry shall be of sufficient size and dimensions to accommodate proposed operations in accordance with the performance standards as set forth in Part D of Ar@@icle 2 and Section 31.1, Virginia Beach City CcJe, with r,,,easur2- ments made at site bou@,@daries; prcvided, however, that upon writt--n agreemen'@ bv adjoinirg property o1/2qners the points of measurerrent lay be extend-.d to include their property. Undrained pockets and s'uagnant pools resul+-- ing from surface drainage shall be sprayed in accordance with requir,@fnens of the Sta'Le Board of Pe@,11-h to eliri,i- na@le breed;ng p'laces i-or other irsects. Off-street parking a,eas adequate for all ernplo,@ees' vehicles and trlicks shall be prov4ded. P3n 74: include a plan @c,.@- d.@lve-i,)p.Tert of t@,,, sLi'!)jact proper@,@, which shall co,-isist of two (2) ph@tses: the exploitation phase ard thp re-LISe 39 (I Exploitation phase. The plan "or t;i@ e,<.Dloifatio@l phase shall sliow the proposed develc,,,,,:e@it as planned in rela-ion to surrounding property three hundred (300) feet, and shall iticlue@A- topographic surveys and other materials indica"ing existing conditions (including drainage) nd --onditions (including topograpny, drainage ind ;oils) t,,,hich slall exist at the end of th-. exploi-Lation phase. Contour intervals for topography s@iall b,@ t,,@i,) (2) feel,. The plan for the exploita@Lion phase siall @@er,,onstrate the feasibility of the op-Iration propos@2d witholit creating hazards or causing damage tc) othr-r proper'--i-s. This plan shall also show the (liffer,@,it stages of exploitation, where and how traffic on and from the development will be hardled, where e.],-iipment will be operating, the location, and dimension of structur@s, the manner in @,ihich safeguards will b- provided, in- cluding those for preventing acc@@ss b,,, children and other unauthoriz--d persons to -,arig@-r,)Is areas. Th2 final stage of this plan shall indicate hovi +he pro.4ect is to be finished in accordance with @Lhe plan for re-use. (2) Re-use phase. The plan for the re-use phase shall indicate how the property is to be let@t in a forp.. suitable for re-use for 'Durposes permissible in the district, relating such re-uses @o us@s existing or proposed for surrounding pr)perti(-'s. AFior@g items to be included in such P'a! are fea,li@l,@ --irculat-@lon patterns in and aroij,,id the site, thc tr@,al.ment of exposed soil or subsoil (including 1,@lasLires to be taken to replace topsoil or establish veyetation ill excavated areas) in order to n-,ake the property suit- able for the proposed re-use, treatinent of slopes to prevent erosion, and delineation of F]Godtvays and flood plains (if any') to be maintained in open usage. 229. Hore Occupation In d4.stricts where they are generally permitte(l, an occupatiol may be conducted iri a dvielling unit, provided (a) No person other than a member of the family (,esiding on the premises shall be engaged in such occupations; T:-,@ Lisr, o-F t@,,? @init for thp, Sh'all re:3 i,l@p_ncial PLI@'POSeSyj@s i ;@o@ ' " i' t@qenty (20) percent of t@ie floor area o, @;ie d@ielling unit shall be used in the condu-,t of the ho.9,2 C,-cupation; 40 (c) There shall be no change in the outside appearance of the building or premises, or any visible evidence of the con- duct of such home occupat-l-on ot,ier than one (1) sign, not exceeding one (1) square foot in area, non-illuminated, and mount-d flat against the vial] of the residence; (d) No hoine occupatio@l shall b,, corducted in an accessory bui Id-i rig; (e) No traffic sball be generated by such home occupation in greater volumes than would norrrall'y be expected in the neighborhood, and any need ilor parking generated by the con,duct of such home occupation shall be me', off t@,e str,eet and other than in a reqtiired front yard; (f) The following are specifically excluded as home occu,,ations: beauty parlor, barber shop, convalescent or nirsing @ome, tourist home, massage parlor, radio or television repair shops or similar establi,lhments. 230. Junkyards Jtinkyards shall be subject to the following conditions: A solid fence or viall not less @lhan five (5) nor more than six (6) feet in height, or approved vegetative screening, shall be provided and main@Lained in good condition, on or adia,@ent to the joint lot line. Screening [nay also be required as appropriate to enclose storage areas from view by street or neighboring property. 231. Marinas, Private, including Faciliti(,s for Storage and Repairs of Boats and Sale of Boa'@ing Supplies and Fuel (a) Locational and site requirement". Marinas shall be so located as to be accessible from ma,ior roads without creating traffic congestion on minor streets through residential, apartment or ho@@al distric"s. (b) Operational and site planning requirements: (1) Launching ramps, boat repair facilities, facilities for sale of boating slipplips ard fuel, clubhouses, and parking areas and a-eds for bo-at s-Larage o,-i land which are to be open for use between 'he hours 0- 10 P.M. and 7 A.M. shall be at least three hun,----d (300) feet @rom th-- nearest lot line oi- ary Ic-. -n r - I " I - 4 s the distdnce r@,iay @)e -ediced to 160 f-e+ or it pa-King areas @and areas for boat sti)rag,2 on land are enc-,.,,sed by a solid itiasonry wall at least six (6) feet in height, th-- distance Tay be reduc--d to 150 @eel. 41 (2) A minimum of one (1) off-street parking spac-- per boat slip shall be required, provided that where launching ramps ad 40 in the parking area, the parking spaces all have a minimum dimension of twelve (12) feet by forty (40) feet. 232. f,,obile Home Parks (@IH-Park) Viobile home parks shall be subject to the following conditions: (a) Minimum allowances. In districts @,ihere allowable, minimum 0 area for a mobile home oark shall be '@Wenty-five (25) acres. Streets, olher than allqys and servire entrances used for general vehicular entrarces, and exits shail be sixty (60) feet; for portions con',.iling lots buildings generally open to occu ants, min4n,um front yard dimerision shall be 0 two hundred @200) 'eet. Minir,,um nLIrl@@r of lots completed and ready for occupancy b--fore firs", rentals are permitted shall be one hundred (100). (b) Tract. The mobile home park shall co,,nprise a single tract except where divided by public strc!--ts or alleys or where 0 the total tract include@ separate parcels for necessary utility plants, mainten,@nce or stor-age facilities iqith appropriate access to tlie par,k. All lands involved shall be so dimensioned and related as to facilitate efficient design and management. Density shall not exceed seven (7) units per gross a-@re. 0 (c) Permitted princi.oal uses and s'lrt@c'-ures are as follows: (1) One family detached mobile homes; (2) Parks, playgrounds, community centers, and non-coTmer- 0 cial recreational facilities such as golf courses, shuffleboard courts, swirming p,,)ols, tenn4s courts, marinas, ga,,re rooms, librar':es, a,-id the like; (3) Structures and uses required for operation of a public utility, performance of a government func-@ion, or per- formance ol' any function necessary for the construction, operation or maintenance of -,he Mobile hor,.e park. (d) Permitted accessory uses and structires. Uses and structur-s which are custor.,.arily accessory and clearly incidei+al and subordinate to p,.rmitted princ4oal ,ises and struc-ur2s, (e) Permissible uses and stru,.tures. In. a,@dition '@o principal and accessory uses and stru,--(,urcs permitted by righ-L, as indicated abov(,, facilities planned for devt-lopment as 42 part of the district and serving needs r,,ot otherwise served in the general area may be p-rmitt-ld by City Council as part of a @,!H-Park provided: (1) That SLI-H facilities ircitiJe only service, coT.-mercial and ofilice uses intended o-i@Tarily to serve the needs of perso,s in tiie @,IH-ParI(, ; (2) Are of a nature permitted in a B-1 Business Residentia' District ard conform tc t@,.@ requirements of that distric'@ for such uses; (3) Are designed and located to pro@@ect the chdracter of the district and surrcul-lding residential districts; (4) Shall occupy in total no4l- more -L-han five (5) percent of the land ar,ea of the dis',(,ict. (f) No sales lots for mobile horres or other movable dwellings or component modulars shall be oerrnitted in any such district. (g) Off-street parking requit,emerts. At least t,,qo (2) off-street parking spaces shall be provid@@d for each d@qelling unit. Such spaces need no-L be located on lots occupied by such dwelling units, but a least one (1) stich space shall be reserved for and shall be located within ort, hundred (100) fe!e'u of the en- trance of the dviell ing unit by normal pedestrian -outes. (h) Recreational facilities. Not less than ten (10) percent of the total area of any mobile home park established under these regulations shall be devoted to commori recreational areas and facili'@ies, such as playgrounds, swirrming pools and community buildings. Where only one (1) recreational area is provided, it shall be in a central loca@lion conve- niently accessible @Lo all dwel@lings. In larger parks, decentralized facilities may be provided. No central re- creation area shall be credi'ued toward meeting 'Llhese reqiiirements unless it contains at least 30,000 square feet, Recreational areas shall be so located, designed and proved as to minimize traffic hazards '@o users and adverse effects on surrounding residential uses. 233. Recreational Caripg"ounds Recreational campgrounds shall be stibject -6o the followinc conditions: i ;',--' , Si-' rI.@ 1 : @- 1@ .@ ,, @ , @) @ @ , @ - , " @ - -- li'l -- 0 r level , dr,ainagll- and topography siia@ll not crca-e r)aza,-(is .o the property or the health or sa,@el,v of the occu,Dants. The site shall not be exposed to objectionable sinoke, noise, odors, or oth-.r adverse irfljen--es, and no porlir,,l slbj,2ct -uo unpredictable ard/or sudden flooding, subsidence or erosion shall be used for any piirpo,,)e @ould expose p-Irsois or pro,l)@,,ty to hazi@('ds. 43 (b) Location aid ,ccLss. No recreational c,@mpground shall be created in any locition unless it is served by roads so located and improved as to assure safe access during periods of operation. (c) Permitted pt-incipal uses and structures are as follo@is: (1) Use of transportable recreational @ioising, other tha,,i long term occupancy as dwelling units, provided that storage of unoccupied units (and [)--rticularly of U.,,I:Its not in a condition for safe oc--@ipancy) and sale of units shall be prohibited. (2) Structures and uses required for the operation, .@ain- tenance and management of the. recr,lational cari,-Igrour,.d, excep-tl as provid-.d for under "PL'-Missible uses and structures". (d) Permitted accessory uses and structures. Includes uses and structures customarily accessory and clearly incidental aiid subordinate to permit@@ed principal use,, ald structures, ex- cept as provided for und-.r "PermissiblE,- uses and stri-ctures". (e) Permissible uses and structures. In addition to principal and accessory uses and structures permitted by right, facil- ities planned for developr-.ent as pa-t O., the district and promoting the comfort, co@venience or enjoyment of caipers within the dis@Irict, rlay he pern,,illted by the governing body 6 subject to limitations and requ-irements stated bel o@g 4n particular, and to such a(llitional coiditions and safegliarc,"s as may be establ4shad by th-, governing body as approprialle to the circumstances of the particullar district and its relation to surrounding prooerty. Such facilities include the following: (1) Recreational campground convenienc-- establishmerts. Establishments for the sale or rental of supplies or for provision of services, for satisfaction of daily or frequent needs o- camoers, wit@.in t.@e district may be permitted. Such establishments include those 4 providing groc--ries, ice, sundries, bait, fishing equipm,ent, self-servic-2 latindry e@llui@-,ment and th@ like but not sale of gasolire to au@Lomobiles. Such estab- lishments shall be designed to serv,,. only the needs of campers within the campground, but shall no'L in-Iluding -i "Jo 2 percen@ their parking arpas, occupy P.1or2 t@@al t o @ i-' @ ' -La , @ e -),i '@ a s rac grounds, ror to liave adv2rse eflec@Ls on s,-irrc)ucic'irig land uses. 44 (2) Marinis, launc@i-ing ra,-,,@s. @,lar4lnas, launching rail'os and the lik-. rnay be permitted @qhen app,,,opriate to the charactcr and '@ocation ot thr, campgro@ir,@A, provided tha+l such installations s@iall not provide faciliti-.s for long term storag rf @oats other than those ren-@ed in connection iiith th2 caT.-Pground operation, or for major rel)air or over@aul of b,),its. R.2quirn@,,-Ir@s and restrictions applied in p-irticular cases T,,@v ;Include liM4 ,tations on hours @ird anner, of opera@io@i, @eqL@ire- r,-,ents for appl-opria-Lp parl,,ing spa@--., for Loa'@ -@i-ailers, and the like. (f) t,',inimum dimensionf-'l requi@,er,.ents: (1) @,lininuin area for cr,@a@,,@on of a recrca@@ional campgrourd shall be twenty-five (L-s') acres. At the ope@ling o@' any recreatior@al caripgro@,,nd @or occlipancy by units, all required facili-lies an@ improverpents sh,.Il have been completed, and the min-l@.T,@@,i n.,imber of spaces available and ready for occupancy shall @e fiftv @50). Maxirnum densi@'y in recrea-Giona@, cairpgrounds shall not exceed twelv-. (12) spac@.s per acre. Signs shall be as allo@ved in the dist.,,ict @,jhere @.-he use is first ,e-mitted as a conditional use. (2) Recreation area. tio@, less t@ai eight (3) 1)@2rcen'L of the area of the recreat'@nral ca,,qngroul,d shal" b-- devoted to recreation ar,la. Such recreation area r,,iy inciLd@.e space for -lo,,nrron viaIV,,@iays and related lands--ap-@Ing in block irteriors provided t,,iat such comr,.on open space is at least twen-Ly (20" f,@lot i@-I @@-iid'Lh , as r 1),iss i ve recreation space, bu@@ shall include a'@ least half o' the total required recreational arc,.a in fecilities for active recrea-@ion, such as swir-.ming pools or beaches, ball,@ields, shuffleboard coijrts, play lo'us for small children and the like, of a nature so d-@signed 'Go serve the type of campers an@"Icipa-led and so locited as to be readily available from all spaces and free fron traffic ha.zar,,4s. 234. Riding Academi-.s Where a condi@@ional permi" is issued for @G,,e op-ra-L@or, 3@- a riding academy, not mor-- than five (5) riding ani@l-als s@-,--" be kept for each acre of land wi"hi,,) the sitp-, A',l b!-,il@---.s housi.ig animals, and ,all corrals in ,@i h 4ch anima"s ?-@e cr 4 235. Television or Oth--r Broadcas-@ing s+lati,,s and Line-o'-Siqht Relay Devices I Except Where proper'@,, borders beneficial open space not less than fifty (5b) feet in wid'lh, other than s@ureets, measured from the abutt@ng prop@rty line, se-@backs froin property lines shall be at least equi'valeni@- to the heigh for television t of th structure and other bre @Icas'ing sta@ions and line-of- sight relay devices. ai L D. Perfomance Standards 240. Applicability of Performanco Stan(lards (a) Unless more restric-ive s-Landards are established in the dis- 6 trict regulations or by oth@,r specific provisions of thi.S Ordinance, the following pe-formar,-ce s'4andards shall pply. (b) Except as othe-wi-se provided herein, nieasurements relating to confomity wi+lh performance s.landards sliall be applied a,, lot boundaries and shall apply -Go Lises and opera-L-ions on the 10t, except constructio@n or demolition of s-Lructures. 241. Noise Regulation (a) Method of measurement. Sound level meters and octave band filters shall be ecrplo,yed in measurerren-@s used in the en- forcement of these regulati6ns. Local-@'on and tia,,ing of m,-asurements siiall be SO arrang6id to ellclude roises emana'@ - ing from off the premises involved, or a co-rec'ion factor reasonable under the circumstanc,-s s,,iall b,@'appl@ied to compensate for off-premise noi@es. Sounds of Short duration, as fro,,i l'orgg haipmers and punch presses, which cannot be Measured accurately with a sound level meter, shal'i be measu,ed IJith the imo-ac-@ noise analyzer manufactured by General Radio CCTDany, or its equivalen@l, to determine Peak value of the ir].oac@l, For sounds i,,ieasured viith an impaci noise analyzer, t@e sound Pressure levels may be increased to t'r.,@ e--tent of six @6) d,-cibels over and above the l-,vels iri@,icat@?d in tho l,abIL in Su,@-s-c-uion (c) below. (b) Noise level within specific dist!,icts: In 1-2 He;l@iy I,,,@@tistriril @ound pr@,sura t@ie for eacti ol- the octave band3 a-,; c' @Or@@h in tiie table in Sub-soction (,) provi-i@2(i, tli.-at whe-e 0 46 12 the 1-2 Heavv Indust,ial District adjoins any district which perm-@,ts residences, apartf.,e,,i-L@, or hotels @'he maximum sound pressure levels at or beyond the 1-2 Heavy Indus@.rial District boundary shall be reduced seven (7) deci'@els from levels indicated in said table for hours bet1/2,,,een. 8 and 6 P.."I., and shall b-. re- duc2d to t.@n (10) decibels bet,,,i-e@ 6 P.@l. and 8 A@@,l, (2) In 1-1 Light Industrial Dis@Iricts, sound pressure levels from any activity shal:@i not exceed at an.,/ point at or beyond the lot bounda@,ies the inaximum nur,,ber oi@ decibels for each of the oc@Lave bands as set forth in the 'Gable in Su-b-section (c) below; provided, ho@,,iever, w.nere such districts adjoin dis@@ricts which perm4.t residences, apa@tments or ho@els, t-@e f,-,aximum soind t-ressure '@evels at or beyond 'he lot bolndary shall be reduced seven (7) dpcibels from -t.he leve's irdica@@ed -in sa@d table for hours between 8 A.@,l. and 6 P.@,l. and shall b2 reduced en (10) d,,ibels betL@jeen @o P.iM. and 8 L (c) Maximum permitted sound pressurp -level (in decibels). The maximum sound pressure level @or each oc'La,/e Land @,e-2in designated shall be as fo-ilo@4s: Oc'@ave Band Sound PI-essure Level cycles pzr second decibels C, - 74 -9 7c, - 149 74 150 - 299 6,-3 300 - -099 59 600 - 1,199 53 1,200 - 2,--199 17 2,400 - 4,/99 41 4,800 and @-v-r 242. Vibration Regula-Lion (a) Method ol@ r,,easiArerrent. Ear@hbo-ne vibrations are measured with a seismograph or accelero,,re--@er. lilitl,, seis ograph, earth vib,.-ati,,)ns ar- nieasured i,,i t@Tree ',3) @arren- dicL,I;i, d4@rE,(:@ioni (lon2 vert-i-a' Th@ th.-ee (@)) r-.ot2lons are added @.id maximun vibr,a'Lio.,i given as a s-itigle niiT.Ler. and t4 ming of tieasureTent, shal-i be so a-rarc,d @o vibra-lions of@ 7 (b) Impact vibrations within specific dis@l,-ic-s: (1) In 1-2 Heavy Indus@.rial Distric@u, steady sta@l- or impact vibrations from any usi-, not exceed a@ any point at or beyond dis@uric@, boundr-les the leve''s 0 set i-orth in the table in Sub-s@clion (c) below. (2) In I-] Light Ind@is.rial Districts, steady state or impact vibrations fro@n any use shall not exceed at any point at or beyond lot boundaries the levcls set forth in the tab@le in Sub-sec@ion (c) belo@q. (c) Maximum permitted steady state and ir,.p,,@ct vibration dis- placement (in inches). The maximum steadv state and impact vibration displaceiflent (in inch-s) for each frequency herein designated shall b@ a-,. follows: Vibral-io,'l Di"r)lac,-,fien-L. cycles per second in ircr,@2s Steady S, @atc IM-)@3c-L Under 10 .0005 .0010 10 - 19 .0"04 .0i@3 20 - 29 O(Ili@, . 001,i,5 30 - 39 .0002 .0004 (b 40 and over 48 ARTICLE 3. PRESERVATIO@@L DISTRICT 300. Legislative Intent It is the intent of the CitY oi Be-@ich to protect its atmosphere, lands ard t,4aters from p@'llution, impair@@@ent or des- truction for the b--nefit, enjoyr,-ent and general vialfare o@ the people. Critical ai,eas of special concorn include parklai,@ds, wilderness areas, open spaces, greeii@elts, beach res2rves, scenic areas, open ranges, wetlands, viatersheds and water sup- pli--s; to conserve fish and and to promo'L-, forestry and grazing. The boundaries of these areas of cri@@ical envi- ronmental concern should be identified and delinea@ed and a rr,eans of protecting and preserving th--m should be developed. The Planning Director shall develop criteria which shall'be used in the identificatioti and delineatic,,, of the City's cri'lical eii- vironmental areas. In the developirent of such criteria, the director shall give consideration to a minimuin size of such areas necessary for th--ir prot2c'uion and preservation and the extent to which thp-y are of city wide or area @,ridE? signi.ficance. 301. Use Regulations With,in a P-1 Preservation Distric@u, only the following uses and s.tructures shall be permitted: (a) Principal uses and structures: (1) Fish hatcheries and fish ponds; (2) Forests and forestry; (3) GaiRe preserves; (4) Open agricultural and horticultural uses provided that intensive cultivation shall not be allowed; (5) Public parks, recreational areas, botanical ald zoo- logical gardens, golf courses, marinas and other public buildings ard us--s; (6) Public utilities installatiois and subs@a@@-:0@s; provided offices or storage or maintenance facilities not be permitted; and provided, further, tha@ sub- st@3tic)ns-,, other trai indi@/idii,711 tr. Sf rM six (6) feet in heighl-; aiid provided aiso, transfo,mer vaults for urdergroti,-irl utili@Lies and the like sliall re- quire only a landscape!d s@reening hedqe, solid except for, accciss opening-, 49 (7) Watersheds, iiells, water reservoirs and water control structures. (b) Accessory uses and sti,uctures: Uses ind s@ructures which are customarily accessoy and -Ilearly inc-iden@@al and sub- ordinate to principdl us-.s and struclures; provi,,--@-, that roadside stands for sale ol agricultul-a-i products s,'.-iall tiot be permitted as accessory to agricultural uses in this dis- trict; provided further, that in conr,,ection with golf co,,irses, accessory uses shall be designed and scaled to neet only @he c requirements of the m-.mbers, guests or users of the goll- course. (c) Conditional uses and structures: Us@s and struc'uures he-e-,'n- after specified, subject to complianc:e @qith the orov,*.sions oi- Part C of Article 2 hereof: l (1) Cemetery, columbarium, crema+ory, and niausoleticn; (2) Extractive industries, incluJing the removal ol@ sand and soil; (,3) Marinas private, including facilities for storage a,,,d repair of boats and sale of boa"ing supplies and fuel; (4) Non-illumina(@ed golf courses, oth--r than ptiblic iricluding par 3, but riot including miniature, with a mininiurii area of ten (10) acres: (5) Recreation and amls--ment facilities of an outdoor na-@ure other than as specified under permitted principal uses and structures; (6) Recreaticnal campgro,.Ands; (7) Riding academi--s, iiorses for hire or boarding; (8) StQrage or maintenance installa-@ions for public utilities; (,g) Television or other broadcastitig stations and line-of- sight relay devices. 3@12. Minimum Lo-@ Area, Lo-L Uidth, Yard -3pacing itid rla"imum Lot 11-ov,2@ag@@ Regulations Within a P-1 Preservation Dis@urict, the following sliall const@@uj@,=- @he Tot, yard and open soace re-quir--ments: provided that th-- saf@-,e sh,,Il not ,or)" to public u-Gilities iiistallations iial- -Lo concl'i'uional usp-s. 50 (b) The minimum lot width shall be not less than two hundred (200) feet, providqd that the same sfiall not apply to public u@@ilities installations nor to conditional uses. (c) The minimum front, rear and sid- yard setbacks shall be not less than fifty (50) feet; providad -hat where any yard adjoins a Pajor street or highway ,ihich is designated on the official Transportation Plan, the setback o@@ such yard shall be not less th@.n one hundred (100) feet from such st-reet or highway. (d) The maximum lot coverage of all buildings si'uuated cn a zoning lot shall be ten (10) percent. 303. Sign Regula'Lions Within a P-! Preservation District only one (1) sign, not exceeding twelve (12) square feet in area, shall be permitted on 2r!y zoning lot in connection @qith any use. No sign shall be direc@iy illumi- nated or mounted closer than ten (10) feet to the prope,,---/ line fronting the streel- or be higher than eight (8) fe-@et abov-- the ground elevation. 304. Ot@f-Street Parking Requirements Within a P-1 Preservation District the follo@qing specifi@-d uses shall comply with the off-street parking requirements de S4.gnated th,erefor--: (a,) Bo-@anical and zoological gardens: at least one (1) space per 10,000 square feet of lo@u area; (@b) Golf courses: at least five (S) spaces per hole o@ the main course; (c) Marinas: at least one (1) space per boat slip; (d) Public buildings: at least one (1) space per five hundred (500) square feet of floor area; (e) Uses permissible under conditional use permi-@s sh@-11 comply with th2 off--s"reet parking r-q-jirements Sp2C4fied in the canditi,)r,.al use permit. 51 ARTICLE 4. AGRI'UULTIJ@'j@L DISTRIC-F 400. Le-aislative Intent The plirpose of the AG-1 Agricul-utiral D4-strict, is @@o @)@,otor-t and preserve agricliltural lands for -Ghe ppr@Dr,7ance of airictji,-,jral functions. 401. Use Regula-Lions Within an AG-1 Ag?@icultur-al District, only @Lh2 follo@,,iinq @ses and struc-@ures shall bp Dermit@led: (a) Pt,incipal uses and strLiCtures: (1) Agricultural and horticu!tL,-,,il USLS, 4In@lf@-ii.ng orchards, vineyards, nurseries and @lh2 raising and gi-azing of live- stock and swine and the kee-),'ng of bees; (2) Dwellings, oiie -amily dc,,.ac@ed; (3) Child car@, education center@ in connec-Lion V14"h public or private elenentary sc@,C)ols or churches; (4) Churches; (5) Fish hatcheries and fish pnnds; (6) Forests and forestry; (7) Gan,,e pres2rves; (8) Public el,2mentary, intermediate and high schools and private srhools having sitni@lar academic curriculums; colleges ind universities; day nurseries in connection with public or private elerhentary schools or churches; (9) Public parks, recreational areas, botanical ar,,d zoological gardens, goll@ courses, marinas and other public buildings and uses; (10) Public utilities installations and substa@-ions; provided offices or storage or maintenance facilities s@,,3ii not be permi-uted; and provided, @u@,ther, that utili@'es Lhan. 4nOivi@,-i@l six (@0) @eLt in height; and providad also, +Iransformer vaults @or @,ind,@rground ,il'.il@'l.ies and the like shall re- (Iiirc,. on],., a l@,ndscaped -,c,,r,,-ning hedge, sol id ex,.ept for e,,@.-cess opening: (11) Wells, water res rvoirs dnd v@a@ler control str,-,c@ure-,. (b) Accessory uses and structu@,es: UsE.,-, aril stru-tures @,ihic;) are customarily accessory and I-laarly and subordinate to principal uses an,,4 s"ruc@,..ires, @ut no@u 1 imited to: (1) In connection wi@Gh agric,Alturai use, one faTnily detached, pi-ovicied thal@- fio@, rnore t@nan onL (1) such accessory dv@elling unit sh,@ll be p(@,-,litte-i l@or each t@io (2) acres of lot area. (2) In connection @qith agricul-@ural U-e, ro More thar, one (1) roadside stand fc)r sale of ag@icultural prod@,,@ct, produced on the pre!iises, provided tha@ no such stall-, shal" exceed iive hurdi-ed (500@) s(uar,-, fect in area nor be erected ,,jith4n twen,-v (20) feet of the property line frontirig any stre@t. (c) Conditional uses and struc+lures: Uses and structures here4n- after specified; subjec- to corgplia,,Ic-- iiith t;,e Drovisions of 6 Part C of Article 2 hereol- (1) Airports, heliports, helistops; (2) Animal hospitals, pounds, shelters, co@mmercial kennels; (3) Ceme'Lery, colunbar4u,-i, creinatocy, and f@,.,IusoleIM; (4) Drive-in theatres; (5) Extractive indus@@ries, incl@iding the removal of sand and soil; (6) Fraternity and sorority @.ouses, student dormitories and student centers; provided that tha sarne be located wi@'hin a one (1) mile rajius of a college or university; (7) Golf courses, including par 3 b;jt not miniature, with a minimum area of ten (10) acres; (8) Homes for the aged, disabled or handicapped, incl@iding corivalescent or ni.irsing homes; ria'L.'2rnity @iomes; chil,,! care centers, day n@,,rseries, ot.ier than those -lo@/el-ed as perfnitted principal uses and struc-Gut-es hereinabove, when not operated by a public agency; (9) Hospitals and sanitariuitis; boats atici salc, of boa@ling @up[)]@eS dn(i fuel; 54 (11) llonast-Iries and col,/ents; (12) Nuseuifls and art galleries ijhen not operated by a public agency; (13) Public utility transt@orrrpr stations anl major trars- rr,ission lines and to,,,iers (50 ,100 vol ts or more); (14) Recrea'uion and a@,iusement @'acilities of an ou"door nature o'uh-r than as specified under permitted prin- cipal uses and s'@ructures; (15) Recreational caliogro@,ir,.ds; (16) Riding academies, horses for liire or boarding; (17) Storage, offices or Maint2nance installatioris for public utilities; (18) Television or other broadcasting stations and 14,ne-of- sight relay clevices. 402. Minimum Lot Area, Lot Width. Yard SDacing and Maximum Lc- Coverage Regulations Within an AG-1 Agricultural Distr@*lct. th,- following sha'l constitute the Tot, yard, and open space requirements: (a) The minimum lot area shall be not less than one (11 acre. The minimum lot area for churches shall he three acres. (b) The minimum lot width shall b@ r)o-- less than 150 @e@-1. (c) The minimum front yard setback shall be not less than fifty (50) feet; provided that where a front yard adi 04 tns a major street or highway which is designated an the oi@fic'al Trans- portation PTan, such front yal-,l setback shall be not less than fifty (50) feet from s@ich street or highway. (d) The minimum side and rear yard setbacks shall be not less than t@,[enty (20) feet; provided that where a side or rear yard adjoins a major stree" or high@,t@y tqh4ch is @esionated an officia' Transportation Plan, such sida or rpar yard shall ,e not less @lhan fifty (50) fe--t -rom siich stre@-. or h-ig@.way. (e) Road@,ide stands shall be pe-rlit,@ed in any yard --djacent to a @tr,,@t if tl,a sar,,a is not !?ss 'han (@9@ (f) The maximum lot coverage of all buildings situa"ed on a zoning lot shall be fifteen (15) p--rcent, except those tised for pur,poses of production of agricultural products shall not be considered for purposes of maximum lot cover- age. 403. Sign Pegulations (a) Not to exceed one (1) identification sign not niore than sixteen (16) square feet in area for each principal entrance or frontage of ariy use except churches and educational institu- tions, for which the maximum ar--a pe- @ign shall not exceed thirty-two (32) square @eet. (b) Siqns advertising property for sale, I,,,ase, or rent, provided that no such sign shall exceed thirty-tvio (32) square feet in area, that not more than one (1) sucii sign shall be erected -or each one hundred (100) feet of lot line at the s'Lreet right- of-way, and that not i-,iore than four (4) such signs shall be erected on any property. Any property @iaving less frontage or lot line adjoining a street may @iave one (1) sign not ex- ceeding sixteen (16) square feet of surface area. (c) Agricultural product signs displayed on any farm by the o,,qnp- or operator for t@ie purpose of identifying such farm and ad- vertising the products or crops thereof provided that no sicn shall exceed thirty-t1/2qo (32) square feet in area. that not i,,ore than one (1) sucii sign shall be erected for each five hundred (500) feet o@ lot lin.- at tlie slreet right-of-way, and that s!ich signs shall be ren,,oved promptly f,)Ilowing the harvest season.. Tn no event shall such siqns be displayed for over six (6) fon@Lhs in any calendar year. 404. Off-Street Parking Requirements Within an AG-1 Agricultural District, the following specified uses shall comply with -Lhe off-street parking requir-.Ments designa-Led therefore: (a) Animal hospital, pound, shelter, commercial kennel: at leas-@ one (1) space per four hundred (400) scluare feet of floor sr,,,.ce, provided thal there shall be no less than four (4) pa@@king s-.,,cesl t, (b)j Botanical and zoological gardens: al- least one (1) soace per 10,000 sq,,iare feet ot@ lot ar,ea; (d) Convalescent or ii,irsing home: at one (1) spe,,ce per four (4) patient beds; (e) College or univ--rsity: at least k']) spacl, per five (5) seats in thp nia-i,.i auditorit.im or fivl (:')) spaces per classroom, vihichever is gredter; 56 (f) %qellings: at least tvio (2) @iaces per d,,Iplling unit; /g) Fraternity oz@ sorority house, student dormitory: a@, least one (1) spac-I per t,,,io (2) lodging @' ;nits or one (1) space per three (3) occlpants, whichever is (h) Golf courses: at ]-.as- (,i) spaces per hole of the fnain course, Hospit,:tl: at least two and on@-nall@ (2.5) speices p-2r patient bed; (.i) Lodging units: at least one 111) space for eacn lodging unit; (k) MUSeLlinS and art galleries: nc,,@ less than ten (10) spaces and an additional space for each three hundred (300) square feet of floor arp-a or fraction ',-hereof in excess ol@ 1,@,00 square feet; (1) Uses permissible urder conditional use permits shall comply tqith the oF@-s-Lreet parkinq requirements specified in the conditional u.@e permit. 57 ARTICLE 5. RESIDENTIAL DISTRICTS A. R-] Residential District 500. Legisla-Live Int,@nt The purpose of the R-] Residential District is to provid-I areas for low density resir-lential development. 501. Use Regulations Within an R-1 RP-sidential District, only the follo-,qing uses and structures shall be permitted: (a) Principal uses and structures: (1) DweII4.ngs, one family detached; (2) Agricultural and horticultural uses and structures, provided that uses and structures relating to @l-- keeping of livestock or poultry shall not be a-,- ' owed, 1 except as set forth in the provisions relatinc; .-o ac- cessory uses; (3) Child care education centers in connection with public or private elerrentary schools or churches; (4) Churches; (5) Public elementary, intermediate and high schoois and private schools having siinilar academic curriCLIUMS, colleges and universities, business colleges; (6) Public parks laygrounds and community cente-s, botanical logic' P similar public buildings; and zoo al gardens and other (7) Public utilities installations and substations; provided offices or storage or maintenance facilities shall not be per.,nitted; and provided, further, tha@ Liti'@ities s(lb- stations, other f-han i@,id4vidual traisfo,@-ers, st@all be surrounded by a wall, solid except f@)r er."ranc2s and exi-s, or by a fence tiith a screening hedge five -L.@ SiX (6) feet in height; and provided also, transfor@pr ,@a;jlts @or underground ullilities and the like shall reqi,. onlv 'I 59 (b) Accessory uses and structures. Uses and slructures which are customarily accessory and clearly incidental and sub- ordinate to principal uses and structure3, incltiding but not limited to: (1) Detached guest house and servan-Ls quarters; (2) Bees; (3) Swimming pools, boa" houses, pier@, etc.; (4) In connection with agricultural use, no more than one (1) roadside stand for sale of agricultural products produced on the premises; provided that no such stand shall exceed five hundred (5CO) square feet in floor area nor be erected within twenty (20) feet of the 41 property line fronting any street. (c) Conditional uses and structu-es. Uses and structures herein- after specified; subject to compliance @,iith the provisions o@@ Part C of Article 2 hereof: (1) Child care centers - day nurseri,,s; 0 (2) Extractive industries, including the removal of sand and soil; (3) Facilities for the production of live theatre and allied purposes incl@iding educa-tlion in t@ie theatre arts; (4) Fraternity and sorority houses, student dormitories and student centers. provided, however, that the saml- shal," be located within a one (1) ffiile radius of an establish,2d college or university; (,5) Home occupations; (6) Marinas, other than commercial, excluding facilities for storage and repair of boats and sale of boating supplies and fuel; (7) Museums and art galleries when no@ operated by -@ public agency; (8) Non-illuminated golf courses; including par 3 but not miniature, with a minimum area of ten (10) acres, only the req@iir,ements of th,- rn@!nbers, giests, or Lisers o@ the golf course, and ro signs or cther indica'@ions of suc@, uses shall [)e visible from anv public way; 60 (9) Recreation facilities of an outdoor nature, other than as specified under p-_rmitted principal uses and structures; except that riding academies and recreational campgrounds shall not be allowed as a conditional u5e or otherwise; (10) Stdbles for horses. provided that no stable shall be within three hundred (300) feet of any prope-ty line; (11) Storage or rnaintenance iristallations for public utilities; (12) Television or other broadcasting stations and line-of sight relay devices. 502. Minimum Lot Area, Lot Width, Yard Spacing and t4axirium Lot Coverage Pegulations Wi.thin an R-1 Residential District, the following shall c.--n@titute tFie lot, yard and open space requirements: (a) The minimum lot area shall b-- 40,000 square feet, pre-jided, however, that the minimum lo,@ area for churches sha!7 be three @@3) acres. (b), The minimum lot width shall be IZ5 feet. C) The minimum front yard sp--Lback shall be fifty (50) feet. The minimum side and rear yard setbacks shall be twenty (20) fee-G. The maxinum lot coverage of all buildings shall n-It te more than twenty-fivp (25) percent. SCY3. Height Regu@lations No portion of any building or other structure located within an R-.l Rp-s.idp-ntial District shall exceed thirty-five (35) feet in Keight. 504. Sign Regulations (a) For subdivisions not to exceed one (1) identif-ca+i-n sign not more than thirty-t@vo (32) squa-e feet in area for @ach principal entrance or frontage of any use. 'h@- Si7r,.@ r! are,,t t4at not f,-tore than two (2) s,,ich signs shall be erected "or each lot. Any property having IP-SS fron'uage or lot li@-:e adjoinina a street m,,-y have n,,,e (1) sign rot excee-@lin-I @our (4) square feet of surface area. 61 (c) In the case of new subdivisions, one (1) sign not exceeding three htindred (300) square feet may be erected at each principal entrance or frontage to facilitate initial sales. Sign must be remov,.d when seventy (70) percent of property has been sold or leased, or after a period of t@,lenty-four (24) months whicheve- cor,,es first. 505. Off-Street Parking Regulations Within an R-1 Residen-lial District, the following specified usps shall comply with the ot@f-street parking re(juirements designated th@-refore: (a) Dwellings: at leas" two (2) spaces per dtiellino unit; (b) Botanical ind zoological qardens: a@ least one (1) space per IO,OOL- .@quare fee@@ of lot area; (c) Child care centers - day nurseries: a@' least one (1) space p-@r three hundred (300) square feet of floor area; (d) Churches: at least one (1) space per five (5) seats or bench seating spaces in the main audil'orium; (e) College or university: at least one (1) space per five (Si seats in the niain auditorium of fivp (5) spaces per class- room, whichever 4S greater; (f) Fraternity or sorority houses, student dormitories: at least one (1) space per two (2) lodging units or one (1) space per three (3) occupants, whic'never is areater; Golf courses: at least fivt- (5) spaces per 'nole of the main course; (h) Museums and art galleries: not less than ten (10) spaces and one (1) additional space for each three hundred (300) square feet of floor area or fraction 'Lhereof in excess of 1,000 square feet; (i) Uses pe-missible under conditional use permit shall comnly with th-- off-stret parking requirernen@s specified ir. t@e conditional use permit. B. R-2 Residential District ,@iie put,pose of tific is the R-1 Residential Distri(:t. Ho,,iever, lots o@@ a smaller size would be permitted in t@ils district. 62 511. Use Regulations All of the uses and structures P--rmitted in the R-1 Residential District shall be permitted-in the R-2 f@eside@@tial District, except that stables shall not be allowe,@', -is a :ondition-al us.- or otherwise. 512. Applicable Requir,eillents Generally Except as he-ein provided, all of the re-uirenien-Ls app'14,cabl-. to an R-1 Residential District shall apt)ly wi'Lhin an R-2 Residential District. 513. t@ini,,ium Lot Area, Lot Width, Yard Spacirg and @,laximu;:, Lot k-overage Within an R-2 Residen'tlial District, the follo@-iing shall constitute the lot, yard and open space requireinen'Ls: (a) The minimum lot area shall be 30,000 squ,-ire fee+,, provi,@'ed, however, that the Min-ii,um lot ai,p-a for churches shall be three (3) acres. (b) The minimum lot v;idth shall be one hundred (100) feet. (c) The minimum front yard setba-@k shall b@- fifty (50) feet. (d) The minimum side and rear yard setbacks shall be fifteen (15) feet in the case of a dwelling use and t,@ienty-five tk25@, @eet for a use othel- than a dtqelling. (e) The maximum lot coverage of all buildings shall be not @iore than twenty-five (25) percent. C. R-3 Residential Distric-I 520. Legislative Intent The purpose of the R-3 Residential District is similar to that of the R-2 Residential D4strict. However, lots of a smaller size would be permitted in this district. 521. Use Regulations All ol@ the uses and struc-Uures per,-iitted i,-r the R-2 Peiident4al Distri@-.t. shall be permitted in the R-3 Residen+ial Dis-Irict. 522. Applicable Requirements Gen-.rally 523 fli ni muin Lot Ai-ea, L o t li4i ,-i @l- h ,Y@ird SI)@,cinq and tlaximun,, Lot Cove@age Within an R-3 Residenti,,l District, the @ollowing shall constl-,-,,.,te the lot, yard and op2n space reqtiiremen-t,3: 63 (a) The minimum lot area shall be 20,000 square feet, provided, however, that the Riiniium lot area for churches shall be. three (3) acres. (b) The minimum lot width shall be one hljndred (100) feet. (c) Tlie minimum 1'roit y3rd setback @hall fil-ty (50) fe-2t. (d) The minimum side and rear yard setbdcks shall be fifteeri (i@) feet in the case of a dwelling use and twenty-five (2:-)) fee@ for a use other @@han a dwelling. (e) The maxirlum lot coverage of all buile@Irgs shall be )lot more than twenty-five (25) percent. D. R-4 Residential District 530. Legislative Intent The purpose of the R-4 Residential Distr4c@@ is to provide areas i@,r urban residential development, as contrast(,d with low density de@,,el- opment. 531. Use Regulations (a) Principal uses and structures. All of the principal uses and structures permitted in the R-3 Residntial Dis@Lrict shall be permitted in the R-4 Residential Distric-@. (b) Accessory uses and structures. All ol- the accessory uses and structures permitted in the R-3 Resid-ntial District shall be permitted, except that detached quest houses and servants quarte-s sliall r)o@, be allo@,ied as art a(-,-.@2ssory use or otherwise in the R-4 Residential Dis@@rict. (c) Conditional uses and strijctures. All of the conditional uses and structures permi@Lted in the R-3 Residential District shall be permi@Lted in the R-4 Residential District and in addition: (1) Cemeteries, coiumbariums, crema-Lories, and mausoleums; (2) Homes for -,hL- aged, disabled or handicapped, convalescent or n@irsing homes; if@iternity hornes; child care center, other than those covered Linder per,'.litiled principal uses and structij,es hE-@ceinabove, when not operated by a public agency; 532. Applicable RequirelTien@,s Gener-ally Except as herein provided, all of the requirements applicable @lo @n R-3 Residential District sliall apply wi'Lh an R-4 Residential District. 64 1 533. Minirium tot Area, Lot Width, Yard S,,),acing and Maxirlurn Lot Cov-lrage (a) Lot area (I For dwelling use, t@le lot area ,;hall be 15,000 sq@iare feet. (2) For a use oth@-r than a d,,-)elling, the ininimufn lot area shall be 30,000 square feet, p@,ovided, ho,@iever, that the minimuii lot area for hurches shall be thr-.e (3) acres. (b) Lot @-iidt@, (1) For dwelling use, thp minirlum lot width shall be one hundred (100) feet. (2) For use of.her than a d@.ielling, the minif@um lo+ %44dth shall b2 150 feet. (c) The minimum front yard setback shall be thir@Ly (30) @--et in the case of d@ialling use and thirty (30) feet for a L---e other than a d%,!e'.1ing. (d) The miniriiiim side and rear yard sp-thacks shall be ter, ;"10) feet in the case of dwelling use and twenty-five (25) fee@@ for a use other than a dwelling. (e) The maxim,,,,.m lot coverage of all buildings shall be n")@ more than thi@,ty (30) percent. E. R-5 Resid--ntial District 540. Legislative Intent The purpose of the R-5 Residential District is to provide areas for urban residertial developnent on medium-sized lots. 541. Use Regulations All the uses pc@rmitted in the R-4 Resideri-Gial Dis-@ric@u s@;i@il be per- niitted in the P-5 Residential Dis@@.,ict. 542. Applicablp Requiremeits Generally E--cept as herein pro,@ided, all of tfi,2 reqjirements 4iC e to '-7d3. t4ininum Lot Area, 1-ot @lidth, Yard S,).,,Cing ,.nd @laxlrun I.o-, i-c,,ierage Ca) Lot arld (1 For onL, faitiil,ll detac:'ie,-[ d@-;-Ilinqs, the minim@,,n -.ot area 10,000 squire fecit, 65 (2) For a tise other 'Uhan a dwelling, the minimum lot area shall be 20,000 square feet, provicied, however, that the minir,,Iu,-,, lot a-ea for ch@)rches shall be three (3) acres. (b) Lot width (1) For one family detached dwellings, the minimum lot width shall be eighty (80) feel. (2) For a use other than a dwelling, the miniirum lot viidth shall he 150 feet. (-C) Front yard. The niinii,,ium front yard se@Lback for al@l uses shall be t,@irty (30) feet. (d) Side and rear yards. The minimum side and rear yard setbacks shall be ten (10) feet in the case of dwelling use and twenty (20) feet for a us-- other than a dwellirg. (-e) Maxfmum lot coverage. The maximum lot coverage of all buildir@s sfiall be thirty-five (35) percent. R@ Resi-dential District 55(1. Legislative Lntp-nt The purpose of the R-6 Residential District is to provide areas for urban residential development on small size lots. 551. Use Regulatilons ATI of the uses and structures permitted in the R-5 Residential D4,.trict be pp-rmi.tted in tha R-6 Pesidential District. 552. Applicable Requirements Generally Except as herein provided, all of the requirements applicable to an P,-S R@idential District shall apply in the P,-G Residential District. 553. Mi.niinum Lot Area, Lo@ Width, Yard Spacipq and @laximum Lot Co,lera-e (a) Lot area (_I) For one fariily detached dwellings, the minimum lo-u area shall be 7,F)CjO satiaro. fl-@-t. shall bL, 15,000 squdre fe'2t, p@,ovi(led, however, that th-- miniri@im lot area for churches shall be three (3) acres. 0 66 (b) Lot width (I For o,,)e fam, ily detic.ned dy,-Il in@s , mini7.ltim lo" F 7 i51 (2) For a use other a d@,ielling, th,-2 M@ni-um 1,:)@- width shall be one f,, ". (c) Front yard. The [ninit;ium frcnll @@ii@d s@tback s@,all b,,- '@hirty (30) fee+. (d) Side and rear yar,ds. The rear val-d shall- lie -Uen (10' feet. One (1 ) s"de yard ttii@i lirui; sh,-l 1 be ten Ceet and other side yard minirum shall b.--. fi,l-- (5) feet. @,linimu,-,i sid2 and rear yards "or uses oth2l- ti@dn a @,ielling s@ill be fifteen (15) feet. Rear yd,ds adjicerit @o th@, Atlan-Lic Ocean sliall hava an addi'ional t@,len'@Y (20) f,,)t rlar yard a total of thit,ty (30) f22L (e) Maximum lo-G coverage. Tfie lo@ coverlige of a@ll buildings shall b2 not rti(,,re than fbrty '@4@) parcen L G. R-7 Residential Dis@Li-ict 560. Legislative Int@ent Creation ol@ @@he R-7 Residential District is in -eccgn4lion of the existence of large areas now developpr-l in s4,ngIp- fatlilv d@,@ellings on lots tvith fifty (50) and sixty (60) fac', f-ontages. It is not the intention to c,eate additioral districls o" t@iis @,,,.,pa or to en- large the limi'us of such districts, I-lcxibili"Y in @.oL@sing types would be achieved by permitting duplex ty'r- and gardge a.Dartrrent facilities as a conditional us,@. 561. Use Regulations la) All of the principal and accesso- jses ard structures permitted y in the R-6 Residen@@ial Distri,lt s@,all be p2rmitted 4n the R-7 Residential Dis@Lrict. (b) Condition,31 uses and structures. Condi"ional uses and structures permitted in the R-6 R2s id@nLiZll D4, ,@ I ;.,trict an,,' if-, a--Iition: (1) Two family detached doiellinq@-. (2) In connection viith ore fe,:-ily d@tachec-' -arage 5691. A.Dplicable Reqlirements Genarally Except as herein provided, all of @lho reqli@lrein-nts applicable to -@he R-6 Residential District shall apply @o the P,-7 Residen-@4a! Distric@'. 67 563. tlinimlm Lot Area, Lot '@idth, Yard -)acing and @!,-imLm Lot Cov-rage (a) Lot @-r-.a (1) For one fai.-,i ly de@ac@.@ d (A',,4e]ling and L.,qo f , i ly a-n det,ac@ed d@iellings lo@ a-ei shal' i be 5,C-0@a 3qLiare fegl. (2) ror a use othar than a the m4ni@iLim 'to@, a-ea shall b2 10,000 sqiiar-- feet, provid,-2d, "Dwever, l@ @ r 'lu triat the miniml!ri lot ar(l. oc, c@ies sha.11 be three (3) acras. (,b Lo@@ width (1) For ont-. f,,,,mily detached dwellings and two family 4 d@@La ch ed civie 1 1 i nis , t h @ r-..i @ n @ m, im I o t @,ii d t@ s h a I I ba !-'-it(-y (D-0) fL@- (?-y For a ;ise othr-,,- than l d@.,Fellinq, t@.e minimt.,,n lo'L width shall be one hundr,d (100) fee@L. Front ya@,d. T,@e minimum fron@ yard setback shall be twenty (20) feet for one @amily arid two family detached d,.velli,igs, a@d thirty (@@0) i-eet @or a use other than a dwelling. (d) SidL and rear yards. For o@ie family dviellings and two family detac.hed dwellirigs, the iiiinimu,,n rp-ar yard shall be L-en (10) f(,.Pt. One (1) side yarl shall b@, @en (10) feet and o'Lher sicie @ard miniriurn shall be five (5) feet. @@,inimum side and r@ear ,,ards for uses othe_ Lhan d d@jelling s@iall b2 fifteen (e) Maximuin lot coverage. The ma,,,iirijm lot coverage for one family, 4 tvie f?,,T,.ily (letached dwelli,,ics, and uses other than a dwelling si,,all be ,lot ttiore than forty (,'O), perceni-.. 564. Off-Street Pa-kinq Pegulations (a) Wi@@hin the R-7 Rpsidential T.)i-@trict, parkir,.g for o-a family d,,.iellings and two family def.-ached dwellings shall be at least on,2 an@] onp-h@,if (11/2) @,@ac,-s p@-,,@ deieilir,,g UI'@-. (b) For uses other than a dwellin,,, parkinq requiremen's z"all be t@ie sai,le as spec4fi-,d fo- R-6 Residertial Dis@-1-icl-,. P.-R I-eg-@sla -ve Creation of t',,)e P,-8 R--sidential Dis.-rict is in recognition of the existence o@' areas ro@.,i d,@velop.,d in single faillily d,,iellings and duplexes on @@ots kii@i, narroti froi'leciLs. 571. Use Regu]aLions 'Aitliin the R-8 R-.sidc-,(Itial Pistric--, "h@ uses ctid struc- t@ires shall be p2riTii L 'Led : (a) Principal uses and structures: (1) All of '@he principal use-'s ani s-Uructures Ir@erlit'u@d ir, R-7 Resicl,,@n'lial Distt,i@lt, 2 T@@io 7pd!.q-ily deta,--hed d,,,,,ellit,@s; (3) In connection wi'lh one fai@i.@ly di2',,,ched d@,iell'Ings, garege- apartmants, provided, ho@.Nev-@r-, ti,at th-.('e shOll he al- lo,oied o@'ily o,,ie (1) giragg a.[jartment p--@, zonirig lot. (b) Accessory uses and structur,@s. Iic.--essory uses 3rd S,,r,uctures permitted in 'Lhe R-7 Pesidei@,4@,11 L)istrict. 'la (c) CGnditional uses and struc-uures, Coyldi@uio, I Lises an,@' struc- tLires permitted in the R-6 Pesi@i,,ntial Dis-@i,ict. 57". Applicable Requirements Generally Except as herein provided, all of t@e cequirer,,,ents a,@plicabie. to the R-7 Residential Distric-L shall applv -9 the R-8 Resi(terit;,@l District. 573. Minimtjm Lot Area, Lot Width, Yard Sp:!cing and Maximur,, !-,)" Coverage (a) Lot area. The minimun lot area for all us-s and f-@trt;-t-ures in the R-8 Residential District' S!lpll he 16,000 S'l.ii,,,2 fe@t, provided, ho,,iever, tlia@ the IoL al-t@.d "or 1,11@-c@.es shall be three (11) a--res. (b) I.ot width. (1) For one family detached dwellings and t@-io faM4 ly det@iched dwellings, the rninimum lot @@id-Lh shall be sevenl.y-five (75) feel,. (2) For a use other than a dvielling, t@le minirum lot v@id'lh shall be one hundred (100) @eet. (c) Front yard. T@ie fiiinimum froht ya,@@u@ setback, sh@--l nt (i i ie y (2 feet fo- one family dwellirgs ,@l,,id fai,,qily rgs and thi-ty (30) fept for a use ot@i@r than a d-oiell-.,ro. (d) Side and r,ear yi,,rds. For cne fa,,ii ly dv:ellings 3,n.@ [y o e,(- s c! ;iiy @,lum shall i)2 v,@., (5') 1 e7--@ . side anl rear yacds f(ir u-@es ot@ilr i de,,e I I i ng shall be ift--en (15) @e,:?t. Re@tr yei@,ds ad.ja-,ent t(, the Atla,,itic Ocean shall have an additional fil'teen (15) foot r..,,ir y@ird setback, a tc)t,@l of thir-UY (30) f-2et. 69 (e) P4aximuin iot cove,'-agP. The ma,iinum lot coverale for one family, twO f8.milY lietached d,,@iel, li.,io .s, and uses o"h2r t",ian a dwelling shztll be not more tha@i fqr-Y (40) perceni,-. 1. R-9 Residential Toeinfio!ise cistrict 580. LE@,j-islative Intent Tlie PLI'rPose of the R-9 RLt;idertial Townhoul-2 D@strict is to pr,ovide areas for townhouse developman-L on sfr!a-il fo@s. Th@F distr4ct @,lnild allow the developmefit of i)rop.!rty to nioder@ite reside@@'.ial enSiLies ia areas where such developmant is desirab@e. 581. Use Pegulations l,lithiri an R-9 Residential@ To Vnhol D-s'r t t, -ise I , ic , oniy the uses and shal" be permi,'ted: (,a) Principal uses and strucf-ures: (1) D@iellings, onl- faiaily attached; (2). Agricultural and horticultural uses and structures, pro- vided that uses and str(ic'ures r@la@Ling to th@- kee@Ing Of livestoc"', poultry or be,-s shall not be allowed-I (3) C[Lild care ed[icatio@i centers i@ onnection k@iith public o,r priva+,e e-@errpnt.-tr.Y sc.@ools )r chui-ches; Church-.s; (5)- Non-illtiminated golf cour3es, includinq par 3 but nj', rniniature, -,ri'h a rrlirilnum ared Of ten (10) acres, -L@),gether with s.uch use@ which are inciden@@al to golf cours es, pro- f vided that such Lses s@.all be desiqned and scaled to meet only the requirements of the mE!mbe-rs, guests or (isers of the aolf course, and no signs or other indicatios of s ch uses shall be visible from any public way; (6) Parks, playgrounds and contm@inity r7@nters, botanical and zoo- logical (,@ird--ns anl o-G@r plib-li'c '@)r.iilJings and uses-, (7) Public elementa@y, intermediate, and hiqh schoo-is, -r,-4 pri,@a-- schools haiing similar acodemic curriculjjr.-s- colleq-2s and uni-,,Prsitils, busin2.,,s colleges (but no 45 (8) Pub7ic utilities installations and substa-ions, prov;ld@-d offices o, storaqe or maintenance facilitics shall not be permitted; anl provided, ftirt@,--, that titilities substa- 70 LiGris , oL@l--r ti,, an in c@ iv iit@ai --orniar, , shal 1 be surrounded by a viall, sol-.,l except for entr,;inces ald exits, or @jy a fence t-iith. a screening h-dg2 five (5) to six (6) i-eet in heiqiill-. and oroii,1-2d also, ty-ans- v@i--,l i.s for uti@@rcir@infJ uzi-[ ities and shall req,,iire only ;-, 1-i-dscaF@gd s-reen4r,@, so@,i(4 excp-@"t for ac(-ess ol)enir,,,,. I (b) Accessory LISES aid structures. 1,Jsas and strlic-L@ires @@i@ich are custoaiarily accessory and cleari\ 4ncidental and s@,!,-,-dinatg to principal uses and structilr@s, incluci-",@, b@it ro@ 14mit.-d garages, @cal sh-cis, g@,ee@ihouses, s@,iii-,ii, @la@s u - 'I.J p I , barbeci-,e cilities and tannis cour@Ls. Cc Conditional tis,-@s and struct@ires. t'ses and specified; subject to complianc,, viith t@,e pr-@visi,)rs of Part of Articlc- Z h,@reoF: (I I Child care centers - d,@@-, ritirs@rip-s; (2) Exl'-ractive incl@istri,,s, in.:'tidiig the r@,mova@ ),@ sand and soil; (3) Facilities for the py,oduc-ion of live th2ar@ and allie.@, purpos,es incl@,ding edu,:al@ion iti the '-,'nea'-rE! @r-s; (4) iviar'lias, 4ncluding facil@l-_@--s -or storage anO, rcp,,ir of boa'Ls and sale of boe,"Ing su.Qpl@P_s and fu,-l; (5) @iuseuris ,nd art qalleri,s "i@en not onera"lec! by a public ag2n@,7; (6) Pecr--atiori and aftuserent facilities of @r, ot,@door nature, o,,--h2r thari as sg--cified parmi'@t--ct pl-in:--@oal uses anc', s@ructures, except. t@ l@ id4ri,,T acade-r,4es @,nd re-,(,e- at-'@l,.)nal c;,T-,pqrounds sli@l! @ic,' ie allo,,ved as a conditio-,al u-,e or othan-iise; (-7 Storage and iiair,'Leniince in talla@,io@-is fc,,r plblic 582. Mirimtim L-o', ACea, [at I.Ildt'@, Y@r@ @nd Covera.@,e @;i-d Hei,qkt Rp-gul@,--I@ons @rithin an R-9 RLsidential To,,vnhous@ l'istrict, the @hal I co.,i - sti,tute tha ',oL, y,-d, ar@d o!)en area o n,,) t s @-.h a n3 6 e f _P@, providcd, th,it t@@2 lot area, fi@- (@itirctes shall @)@- thr(-,e acrl,s. 7 (b) The miniiiutn lot @,,idtii for ea(..@ d@,iel I ir.1 unit ifi a @@o@,qrlhojse development s, ;@,11 be twenty (20) feet -or interior nd thir,y (30) fee' for -,id lots iT,.ea'sured a@, th, 'Uuildii@g location. blic t Each lot shall h,lve fronlage on a dedi--at-.d pu s r,-,t. (c) For uses other th@in dwelling units p,,ri@it'ed in the P-9 R@sidential D-@@trict, f@,orlt, sidp 3n@J rear y@,rd requiremen-s shall be th-- satn-- as specil@ied Co,- '@he R-8 L Residential Distr4,-t. For tovinhouse developmen'@, the followi(io, shall constitti@e t@-- yard requireinents: (i Minimum frcnt yard &e@lbacl, shall be t@@ienvl (2,@) feet ill the Darking is provilied in the r2dr of the p-oo-rty or thir@y (30) feet- ii- parking is p@-ovided in fron-t or- said property. Pinim,l,-,q side yard setbacks shall be ten (10) feet for the lots at each and of each buildinq grou,o. (-3@ Minimu,@ -ear yard setbacks siall b,2 twenty (20) fee" for each dwelling unit. (4) The maxirrum nuff-tber o@ attacheci d,,vellings thall mav be con- ,i) structed in any one k g@-oug, @,i-@thout the required side yard setbac',-S is nine (9). (d) The maximum I,)t coverlq@ ol all, buildir,,qs shi@ll he -@he s,2,iie as sppcified for th@a R-8 P@@@3icteri@lial District. (e High-t regulati-o,@is. @io p(irtioi o- any ni-iild-irigs or other @truc- ture Tocated within aii R-9 To@vnh(,,use Dis@Irict s,-i a I 1 exceed thirty-five (3:-)) f-eet in height. 583. Off-Strp-et Parkiqg Regulations Ca) @,litfiin the R-9 Pesidential Townhouse D-i,,trict, the minif,'.um off- street parkin-q requirements fo,- d-ciellinIQ3 shall be at least two C2) spa-ces ner d,.,rellinq unit. (-b I For Lises oth--.- 1.@an dvielling units as piri7l-ltted ir the R-q -Resi- dantial To,@inho L" se tha o, F-s@-ee@ par@4,ng s@all ba as specifi,,-d i@i the R-8 P,--sidential [)istrict. 584. S@,@7ri Regulations rio@- -,iora -L.@ian (3?j ,(Ii@ai-e in fo@ eacn P-7.n- c-i.pal eritranci cf fron"age oF any lis@,. Is 7'@' 0 (b) Signs adv@rt4sing property for sale, lease or rent, provided that no such sign shall exceed eight (8) square feet in area, t@iat no@, r,,ore +han t@,io (2) stich s,@Igns shall be erected for each lot. Ary Droperty liaving less frori@ag- or lot line adjoinin,T a streeu -nay Fiave only one (1) sigri not exceedinq four (4) sqtiar,e feet of surface area. Eri tiil, case of n-,@v to@qnhouse c!i-,tricts, ore (1) sign not ex- cee-dirig hundred @'200) square feet Play be erected a@, each i.,Icipa.l entrance or fronta,7,a to facflitat2 fnitjal sales. Kir@n must be removed when seven@y (70) percent of Prc,certy has b.aen soll or leased, or after a period of tw@-n-y-four @124) mQnths whichaver comes firs-L. 7 ARTICLE 6. APARTMENT OISTIZICTS A. A-1 Apartment District 600. Legislative In-L-en'L The purpose of the A-1 Apartment Distr,ic@ is to provide areas for multiple fa,,iily uses of a low densi'uy na@ure and for ron- residential uses which support or are compatible with the residential Li-,es. T[iis district i:; i!i@ended to be lo,-@,lod in areas @@here public facilities ar-@ ide@lua@e for tiiis ;jpe 04: use. 601. Use Regulations Within an A-] Apartrien-L, District, only the @ollowing uses and structures shall be permitted: (a) Principal uses and structures: (1) PI,-iltiple fmily dwellirgs; (2) Dtjellings, deta(--hed, semi-do-taclie(i and at-@ached; (3) Agricultural and horticultural us(,s and structures, provided such uses and struc-lures involving the k--ep- ing of livestock, poultry or bees shall not be allowed; (4) Churches; (5) Child care centers - day nurserie@;; (6) Child care education cen-@ers, in connection with public or private elemen-Gary scilools or churches; (7) @'oi-@-illuminated golf courses, including par 3 but not r,@iniature, with a minimum area of ten (10) acres; (8) Nurses homes and similar housinq for insti-@utional employees; monasteries atid convents; (9) Parks, pla,y@,rounds and_conimunity centers, 'Llotanical and zoological garders ar,-f (,@,her p@iblic and uses; (10) Public eloml-ntary, int-erme@,iate and hiqh schools and Drivate sc@ools h,,vi'l(l (11) Public utilities installations and substations; pro- vided ofi@ices or s-Lorage or tnaintenance facilit'@es shall not be permitted; and provid@-d, furth,?r, that utilities substations, o@her than individ!ial trans- formers, sh.-.ill be @urroind-ad by a tiall, solid excep, for entrances and exits, or, by @, fence @,i iLLh a screen- ing hedge five (5) to six (6) fee'L in heicht; and provided also, tratisforrier vaults for underground utilities and like uses sliall requ4re only a land- scaped screening hedge, solid except for acc2ss opening. (b) Accessory uses and structures. Uses and s-Lructtires @,ihic',-, are clistomarily accessory and clearly inciderital and sub- ordinal@e to principal uses and structu@@es, including but not limited to garages, tool sheds, greenhouses, siqimming pools, barbecue fi-icilities and tennis courts. (c) Conditional uses and struc"ures. Uses and structures here- inafter specified; sub4eCt to coi,-,pliance @,jith the prov-lsions i of Part C of f@rticle 2 @iereof: (1) Child care centers, other than public; (2) Extractive industries, including the removal of sand and soil; (3) Facilities T@or the prodl.,ction of live thea@Lre and al- lied purposes, incltidino edt,,cation in the th2atre arts; (4) Fraterni@y and sorority houses, stu(Jent dormi@ories and studen". centers; (5) Honies for th-- aged, disabled or handicapped, including 40 convalescent or nursing ho[T',es; fla@uernity homes; Hospitals and sanitariums; (7) Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; 0 (8) P-ledical offices and clinics; (9) Mobile home parks; (10) Museurns atid a-l- galleries t,,,hen no-L, operated bv a public 0 n c,,, (-it) Rc,. c r e a t i o r@ , ri,-@ zi i,, u s L @@, e ri a c ic-@ s o f a t i o @i 'ci o o @ i a u u r e other than as specifiei under permitited principal uses and stru(:ttires exccpl that riding academies and recrea- tional capipgrounds shall not be all(@,,,jed as a conditional. 0 use or olhar@,iise; 76 (12) Riding acad-mies, hot,ses for hire and boarding; (13) Tel-.visioi or other 1)@'oadcasting stations and I ine- of-siglit relay devices. (d) -iransitional uses and struc'G-t,@rl-s: (1) Wnere an A-1 Apartmen" District adjoins an A-@3 Apart- ment or A-4 Apartment, Hotel, or B-i Neighbor@,cod Business District @iithout an in-6ervening str-2et, alley or per,-ianent open space at least twenty-five (e@5) @eet in i-iidth and where lots separa@Led by the distr4@,-t boundary have adjacent front yards, the fi@,st zoning lot within the A-1 Apartment District or one hundred (100) feet of such lot nearest the district boiindary (whichever is less) may be used for the purposes and, if a conditional use perriit is o'@her@,iise requi-ed, without requirirg such condi'Lional use permit: (i) Fraternity and so-ority houses, s@uudent dormitories and student centers; (ii) Hcmes for the disabled or handicapped, including convallescent or nursing homes, or maternity homes. (2) Where an A-1 Apartment Dis@.rict adjoins a B!Isiness District or an Industrial District tjithout an inter- vening street, alley, or permanent open space at least twenty-fiv,@ (25) feet in @,qidth, and wher,, lots separated by the district boundary have adjacent fron'@ yards, the f'rst zoning lot within the A-1 Apartment Distr4ct or one hundr@d (100) feet of such lot nearest the @istrict boundary (whichever is less) may be used for the follow- ing purposes and, if a conditional use pernit is otherwise required, without requir4ng sich conditional use permi--: (i) The uses specified "n Sub-sections (1)(i), and (1) (ii), hereinabove; (ii) Professional offices; clinics. (3) All transitional uses shal; be subj@ct to t@,-- vard and height require.,ments of @he district in %,;"Iic@ --- Ire zoni.ng lot is located and to all of the requirer,,,ent-@, than those relating @,o yard and height, of @- -.--rict in qh-@Ich @;i,@h P-2rmit--d in tiis .@inanc-.p 77 602. @linimum Lot Area, Lo@, @,4dt@i, Yard Spacing, r@@.-crea'Gion Spa:e, and Maximum Density, Heigh@u, and Lot Coverag- Oegulations l,lithin an A-1 Apartn,,2.nt Dis@Irict, the follo@q@rig shall cr)nstitute @u@,e lot, yard, and open space requirei,,ie-.nt-,: (a) The minimtjr, at-@a @o, ,q,!ltiplE, dn'UIched and seii- detached dwe.Ilings an,, ;O@,ging use (a@ 6 pr@Incipal use') shall not be less than 10,00,q s(l.,-l,,,-e feet, pr,),,ided that no lot a-ea shall be required of any ofr@-str,,e'- parking fa--i*i4t@, located on a zoning lot ollher than t@, 'e -zon-l,,ig lot on vi,@@ch the principal use is si@u;,i@@-d, to r,.,22t @iFrking recl-,iireineo'us of a permitted us-,; and provided furl@er, that the lot area for any use o"her than as horeinab-ve proV4,ded shall not be less "har, 40,000 squarp feet, pr,,)@/il@d, @io,,iever, the minimum lot area for churches sh@,11 1)@, three (3) acres. (b) The minimum lot iqidth fo- multiple faiily, dltached, detached dwellings, and lodginq LISC 'as @i principal 1-ise) shall not be less than one hundred '@IOGJ Feet; provided that no ninin@irn lot vii,4th shal-i b(, reqji,-ed of any of,'-street parking ficility, located on a zonincj 1,@l- o@her t@an the zoning lo@@ on vjhich the principal Lise ic situated, to ireet parkina requirements ol@ a permitted U-@e; ;,nd orovided f,,@rt'k'er uhat the minimum lo-t @,i4dth for any u-,e c@'L'r,.ar than as hpreirl- above provided shall not be less t@lin l@@C) fae@U. (c) The minirnufr, yard reouirlment,; for family, dotac@.ed and semi-detached an d lodging use shall be as follovis: (1) Front. yards shall a minirLi.11 d.,pth o.' fillteen (15) feet for iiiijltiple @dmily, detacied and semi-delached dv@ellings, lcdging ar.,-'@ off-S-rea- r, I I .-irking facili'UY u@@es and a minimum depth of t,@ien-Ly r,20') fe-et for @ises oti,@@,r than the .@oregoing. Such front yards shall, excep'@ for necessary acclss v,'alks ar.4@ be riaintained i.'l landscaping and shall not be us2d f,-,r pa,-kin,@. (2) Side and rear yards shall have ,, minimu,,r depth of: (i) Ten (10) fee" in the case. of -t,,Itiple fanily, ancl @cdgirg iise (zis z,, p,-incipal, Lise); (ii) Fifteen (i5) fpet in all o@@@er cases. fourteen -1 fE.,Pt a @1,; @ir ,y k ftiel @or lotS; @lo@qever, t@,@, averag@ lot @;i7e t '@- @l I Ilots dev21oped within a contigious na@,ce@, containin,f a'tdched dviellings s@,all 73 averagl- 2500 square feet per lot. T@)e minirnum front yard setback for attach-,d dwellings shall be ten (10) feet from the front lot line for all lots fronting on minor streets and twenty (20) feet from th-. front lot line for all lots fronting on maior streets. The fliinimum sid- yard s(,@lbacks shall be ten (10) feet for the lots at each end of each building group. Th- mini@Inum rear yard setbac'Ks shall be twenty (20) feet for each attac@ed d,..;elling unit. -1@,e Maxi- muin number of attached d@,-iellings that may be constru-,-Led in any one (1) group, without the reci@-4ired side yard set- backs is nine (9). (e) Ma-@inium density rating for r,,ultiple family detached, sergi- detac@ied, and attached dwellings shall be twelve (i2l, dwelling units per gross acre. A minimum of 725 squa@-e feet of perrranent recreation space shall be provid2d for each d,,,ielling L@niL. Lo@ cov@-rzige @or one faini@iy at!,-ached dwellings on individual lots shall not exceed forty ,'-O) percent. For all other dwellinqs, tile i-,iaxicuii3 -1-ot -:),,erage shall rio-G exceed thirty (30) percent. (f) Maxi-,num density of other permitted princidal, condi-,Jnal, and accessory uses and struc@Gures in the A-1 @par"ir,--nt Dis-(.rict shall not exceed a floor area ratio ol@ .30 'imes the zoning lot area. 603. Height Regula-.ions No portiori of any building or other structure located wi'uhin an A-1 Apartr,,,ent District shall exceed thirty-five (35) fee' in height. 604. Sign Regulations Within an A-1 Apartment District sign regulations @or family dviellings shall be the same as specified in Residential Districts. In the case of new multiple fanily d@,iellings one (1) si@,.'l not exceeding three hundred (300) square feet in area may be erected at each principal entrance or frontage to facilitate OCC,,,-ancy. Sign must be re,.noved @,jhen seventy (70) percent of @he Yl@---r('y is occupied, or leased, or after a period of -1@,ien@y-l@cur @2,11) months vihic@iever comes first. All 79 60:'). Off-Street Parking Regulations Within an A-1 Apartm-.nt District, the following specified uses shall comply with th,@ ofl'-street parking requirements designated therel@ore: (a) D@vellings, one or t,,io family: at least two (2) spaces per dwelling unit; (b) Doiellings, multiple family: at leas'L one and one-h,,-If spaces per unit; provided that, if in the overall require- ments any fractional parking space shall be required, such Iraction shall be increased to one (1) full space; t (c) Botanical and zoological gardens: at least one (1) space per 10,000 square feet of lot area; (d) Churches: at least one (1) space 'oer five (5) seats or bench seating spaces in the main auditorium; (e) Colleges or univers4,-Uies: at least one (1) space per @ive (5) seats in the riain auditorit,,m or five (5) spaces per 6 classroom, whichever is greater; (f) Convalescent or nursing homes, homes for the aged, disabled, or liandicapped: at least one (1) sp,,Ice per four (4) patien'u beds; (g) Fraternity or sorori-Ly hous-.s, st@@dent dormitories: at least one (1) space p-.r three (3) occupants; (h) (iolf courses: at leas@t, five (5) spaces per hole of the ifiain course; e (i) Ilospitals: at least 2.5 spaces pe@- p--'@-lent b-.d; (j) t@useums and art galleries: not less th,,.n ten (10) spaces ard an additional space for each three hundred (300) square feel, of floor area ol- i-raction thereof in excess of 1,000 sqljare fe.--@; 0 (k) @lursery schools: a'L leas-@ one (1) spac,,, per ten (10) (1) Plurses homes and s-iriilar housing for institutional eriiployees: at least one (1) space per l'our (4) eccli,nants; c sq@,iare feet o4' floor area; (ii) Uses permissible unJer corditional use perriit shall coriply witfi the specific off-st-eet par,king req,,Jiremen-Ls atlached ib to the conditio-@,@l use perrqit. B. A-2 Apartment District 610. Legislative Intent The purpose of the A-2 Apartment District is to provide areas for multiple family and compatible non-residential uses o@ a lo,d to medium density. It is intp-nd,?d that these areas be located where public l@acilities are adequate for this type of use and where nedium density apartr@ien'@ development is desired. 611. Use Regulations Within an A-2 Apartment District, only the following uses and structures shall be permi"ted: (a) Principal uses and structures: (1) All oF the principal uses and structures pe-.riitted in the A-1 Apartment District; (2) Fraternity and sorority houses, stud--nt dormitor.2s and student centers; (3) Homes for the aged, disabl-ld or handicapped, in---iud- ing convalescent or nursing homes; maternity hores. (b) Accessory uses and structures. Uses and strLiCtures vihich are customarily accessory and clearly incidental and sib- ordinate to principal uses and structures, including but noi.- liniited to; garages, tool sheds, greenhouses, swi-,,mi'ng pools, barbecue facilities dnd tennis courts; (c) Condi'Lional uses and structures. All of the conditicial uses and structures permitted in the A-1 Apartment Dis- trict; stibject to compliance wi'Lh the provisions o.@ Pz.,rtC of Article 2 hereof; provided further, that the uses and structures permitted thereunder, which are allowed as principal permitted uses and structures in this district, shall no+ require a conditional @ise permit. (d) Transitional uses and structures: (1) Wner-. ,n A-2 Apartmen@L D4strict adjoins a. Ho@-1, 3u:;i- ness or Indtistrial District wit@,out an in"erven:,-g street, alley, or permanent open sptce over -Lw-,nt-,/-five Ileet in wid'uh, and where lots separtated i@y +he @-3trict ',i v @n -j: I C) @pet of su--ii lor ii@a(,,St Lf@-a d@s@i,ict (%ii,hic,,hever is less) may be jsed for tha followi.,i:i ur- poses, and if a conditir)nal use permit is other@ctsii.s@2 r,e- qLlire(l, @-iit@iout reouiring stich co,)ditional usl- (i) Professional offic@s or clinics. such transitional uses s@,all be sub,3--,It to 't-he @,erd and require- men,ts of the distz@ict ir, vi@iic@ the zonirig ]Ot is lo-,at-.d and to tll of req,iirei,,.ent,,, other tlian those -elati.-i, 0 _q to yard and o@, tfic@ ,Iis-@rict in @,@,hich slich uses are first permil,@ed in tilis Ordinince (4ii te@-ms of co@,@,c?i'iveness) P@-inciPal uses. 612. Applicable Requiremen's Gen2r3lly Except as hereinafter provided, all t@,E, ot'@e- r@quirc-ij@,nt, cable to an A-1 Apartment District shal'i app'y vi-ithin ifl A-2 Apart,T@en@@ District. 613. Mininium Lot Area, Lot t@lidth, Yard Spacing, R(-,Creation spjcc,, and 4D tlaxiinum Density, and Lot @overaqe RegLilation'; Within an A-2 Apartmen@ Dis-Irict, the follri-,,jing shall cor@stitute the lot, yard, and open spa,--e (a) The minimum lot E,.rea 4:o@r mul-@iple fa@iil./, detac@,,@@l, and -,eni- 40 detached dwellings and lodging use (a@ a princinal us-@) shal'. not be less than 20,000 sqiiare feet; d-0, 'iderl t@,,,t rio -ouired of oa@'kinq facilit, lot area shall be r., any o,-,-s', located on a zoning lo@ o-@'her t@ar oning lot on wh@cii the principal use is s'tuat2d, to i@E,-et f),Irkirg cs of a permitted use; and previded furthe-, tha-@ tiieiill.ni num 9 lot area for any use )ther th-,n as p@-)vieed shall not be less than satiar,,, f@-,--Lher that the minimum lot ar2a for c@i,irches !)L@ (b) The minimum lot v4idtn for riultip-!e ,&inily, semi- detached dwellings, and lodging us,- (as a pr4nCip US-) a I shall not be less than one hlindred (100'; i@-et; providod th-.@ no minimum lot %qid@h shall be reqU4rel 1)- riy O,-f---ty,ee@, I I c, r a I parking facility, located on a zonirg I()t otiier tile zoning lot on the principal tis(-' ii si'Uuate(l, tO Ireet parking requirer@ign@'s of a p@rmi-@ted @ise; and p-ol,,ided fur+@he- that the mini,,,iu,,n 'lot fnr ery L@s@ @@th2@- t@,, e @l r in- 0 above provided siiill n@,)t be 1.@-s' @h@,r 1',(, fe,@-,'. (c) The minimum yard rr2quir,2m@r;@s @c., f,@f-li iy, and semi-detache(i and iodging use shal I be as f ol (1) Front yards shall @ave i rni@irrLj,- d c, t,,rl inurq dopth ol iif@p@r, I foregoing. Such fron@@ ye,-@is @s@iall exc'-')t T(Il' access @ial@'s and rcives, b2 olainta@,,i-I i shall r,.ot b@ used fo?, pirk-@ng. 8? (2) Sid-- and rear yards sliall iiiv(, a minimurn depth Of: (i) len (10) feet in the c:ase of fflultiple fami-ty, d-.tach-ld and semi-d,@l,ched and lodging use (as a principal us@); (ii) T(,n (10) feet in all Ither cases. (d) The miriimum lo-@ area for attached dwellings shall not be less -Lhan 1400 square feet a@id L@ie irinir,.uiii lot width s@.all be fourteen (14) feet for interior and t@.irt,y (30) feel, for end lots; however, the average lot size for all .ok-s developed within a contigious pal-ce] containing al.@@achad dwellings s@iall average 2500 square f--et p2r lot. The [Tlini- mum front yard setback for at@lached d@@iellings shall be ten (10) feet from the front lot line for all lots fro,'Itirg on minor streets and twenty (20) fc.e'u from -Lhe front -to- line for all lots I-ronting on najor s@ree-us. The flinimur,, side yard setbacks shall be t2n (10) fee'u for ',h-, lots at -@ch end ol@ each building group. Th,, niini@Tiulq rear yard s,---lacks shall be t@,ienty (20) feet for each attached dwelling -@'lit. The itiaximum number of attachpd (!@,jellings that t',Iay be -on- structed in any one (],l group, ,lithout the req@jire(,' -.4de yard setback S 4 Is nine (9). (e) Maximum density rating for multiple fainily, detached, semi- detached and attached dwellings shall be eiqhteen (131@ dwelling uni'Ls per acre. A nliniinum ol@ 485 square fc,-2@ ol- permanent recr(@ational space sh,'@ill be provided for each dwelling unit. Lot coverag@- for one @aitiily attached -l',,,ell- ings on individual lots s@.all not e;,ceed forty (40) @'ercent. For all other dviellings, the r,,;iximum lot covera,,e s@'Cil not exceed thirty (30) percent. (f) Maxiiflum density of o@.her perm4ltted principal and acc-ssory uses and strtictures in the A-2 /'@partment District shall not exc2ed a I'loor ratio of 0.7 i,-imes the zoning lot area. C. A-3 Apartment Dis-Lrict 620. Legislative- In-Uen@G The purpose oF th,- A-3 Apartrnent q;scric-u is @o provid,2 A-reas i-Or multiple family and corppatibl-. non-r@sidential us@2s o-, @i d-nsity. It iS 4, @l te ,r.d-,l that -t-se @f,eas loca- Led --,-iblic @@i, u All o,' the use-,, a,,id structures pe@'tiii in in T\-2 ApartFCr@@- F)is- trict shall be permilted in an P,-3 @partirent Distr,ict. In -,idition, private clubs, lodges, social con@ers anc! ci,-Ibs si@ I be allo,@ied as cond4l.-ional us2s and sLibjc-@-@L to co@@@-.Illiance i-iith the 1)r,,)vi,;iois of Pirt C o@ 2 h-r--of. 83 622. Applicable Requirements Generally Except as hereinafter p@'ovided, all of the other requi.-ements applicable to an A-2 Apartment District shall apply @,lithin an A-3 Apar-Lment District. 623. @laxiTp.!jrn Density, Lot Coverage, lieiglit R2gulations and Required Recreation Space Maxiiiiuin density rating for multiple family, detached, s-.mi- detac@,ed and attached dwellings shall be t@qenty-four (24) dwelling units per acre. A minimum of 365 square feet of permanent recreational s.race shall be provided for each dwelling unit. Lot coverage for one family attached d@qell- ings on individual lots shall not exceed forty (40) per-ent. For all other dwellings, the maximum lot coverage shall not exceed thirty (30) percent. No portion of any building or other, structure located @eiithin an A-3 Apartmen-L District shall exceed forty-five (45) feet in height. D. A-4 Apartment District 630. Legisla-Live Intent The purpose of the A-4 Apartment District is to provide high density multiple fainily dwelling areas. These areas riust have p@iblic facilities adequate to support the density and should have soTe buffer bet@,ieen them and single family areas. 631. Use Regulations All of the uses and structures permitted in ail A-3 Apartmerit D-istrict shall be permitted in an A-4 Apartment Dis@rict. In addit4on, private clubs, lodges, social centers and athletic clubs shall be permitted as principal uses and structures, rather than as conditional uses; provided tha@ no club or other organization conducting commercial affairs as a principal activity s@iall be allowed. 632. Applicable Requirements Genl,rally E,@c,,!)t as hereinaftcr- F@@-ovided, all of th@ other requirernents appli-lable to an A-3 Ara-tment Distric@ sha-ii apply elilhin ,,'l A-4 ADar-LMent District. P,4 633. t,linimuiq Lo' Area, L.ot @4idt@,, Yard St)acing, Recreation Space, L aiid tlaximum Density, P.-.ight, and I-oi@ Covprage RequIations (a) Thp ininir.,.um lot erea for ar@d lodgirig use (as a principal use) shall be ,iot than 30,000 sqtjare fe--t; provided that n,) rinimu;n lot ay,ea sh,,Il be .P-quired of any parkin facili@ly, lo,-,ated on a zoniiig lo'@ other tlian the zoning lot on which ti,,e prin,.,ip,,-l use is s@tuated, to meet park4ng r,quirements o@ a permit,@ed us-.; and pro- vided flirther, -Lhdt the ii,,inii@iufi lot ar,2a for @.'Iy other than as @iereinabove provil]ed be n@)", I,.3s @uha- 40,000 square feet. Thc ininiin@im Ict @,rea for churc-,-s s.,;@iil be three (')) ac-es. (b) The minit,,ium lo@ ,,iid'uh for and lodging iise (as priricipa'i use) shall be no', 1-1@s ttian h@indred (200) feet; p,-ovided -uh,,t t!ie lot wi(ith for al-@y us,. oth@.r than as he-ei(iabove prov'@,@cl s@),ill be rol-- 123s than two hundred (200) Fe-It. (c) The mi ni@,num yard requi rc-,men ts ;@al I be as fo', i O@lis Front, rear and side vards si@all havp, a Minirum depth of ten (10) feet. Such yard s@iall, except for r,,ecessary access walks and drives, be ma@ntained i,-l lar,.,dsca.-irg and sliall not be used for park@fig. (d) t@axiiTiu,-n density rating for mil -iple family, de@lac',---d, semi- detached and attached d',Vellings shall he thirty-six (36) d1/2,ielling uni@us per acre. P, Mi.;14.MU[fl of 240 squarl- feet ol@ permanen'@ recreat@onal space s@iall b2 provided .@or each dwelling Linit. Lot coverage s!i;ill not exceed thirl@, (30) percent. No portion of ariy buil(-Iing or other str-;I@-ture located within an A-4 Apartr,-,en@ District shall. e-@@-eed 120 feet in height. Maximum densil'y of other permi-@@@ed principal and accessory uses and structures in the A-4 Apartment District shall not exceed a floor area ratio o@ 1.10 times the zoning lot area. 85 AR'FICLcl' 7. @IOTEL DISTRIIITS A. H-1 Hotel District 700. Legislative Intent The purpose of the H-1 Hotel Distric@, is to provi@,IL, MeL]it.,,-i den- sity @.otel areas for gene-al application 4ti tlie City ,qhere such uses are desirable and where public facilities are to mee@L their needs. 701. Use Regulations Within an H-1 Flotel District, only t,@@ followirg uses and struc- tures shall be permitted: (a) Principal uses and structures: (1) Hotels and motels-, (2) Parks, playgrounds and corr,.irunity centers, bot--nical and zoological gardens and other public buildings and uses; (3) Public utilities installations and subs"a',ions, provided offices or storage or maintenance facilities shall not be permitted; and provided, further, that util-ities sub- stations, other than individual transform-.rs, shall be surrounded by a wall, solid except for en-urarices and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for Linde-ground utilit4les and the like shall re- quire only a landscaped screening hedge, solici except for access opening. (b) Accessory uses and structures. Uses and structures which are customarily ac--essory and clearly inciden@Ial and sub- ordinate to principal uses and structures, includi-g but not limited to: (1) '@'stablishments for sale of gifts, clothing, drugs, photo- graphic supp]4.es, np-wspapers and magazines and convenience goods, eat4ng and drin,<'@ng establishmen'@s @-n(i orc@.@ssional and personal service es'@ablis@,ments; pro-i,de@@, sich uses are accessory to hotels having fifty (50) D- -,ore dwelling (ir lodging uni@'s for sale or for ren'z and prov;ded fLirther, t@iat all such establishmerts shall be @gned evidence of the existenr-e ci such es-@ablis'f!,Ten-s rron, our- side ti)-, property line; and provided finally that the floor area occupicd by such es'@ablishments shall not exceed tvien-ty (20) percent of tha floor area of the hotel or i,,otel, 87 (2) Meeting rooms and convention hall facilil-ies. (c) Conditional uses and s'lrtictures. Us@s and structures here- inafter specified; subject to complianc,, with the provisit)ris of Part C oi- Article 2 hereof: (1) E,@tractive industries, includitig th@ r-emoval of sand and soil; (2) Helipor@'s and helis-Gops; (3) Marinas, other than as accessory uses, including facili- ties for storage and i,epair of boats and sale of boatiig supplies and fuel; (4) Museutns and art galleries when not operated by a public agency; (5) Recreational and amusement facilities of an outdoo, ral@ure other than as accessory uses except that riding acad4!rnl'es and recreational campgrounds shall not be allowed as a conditional use or otherwise. 702. Minimum Lot Area, Lot Width and Yard Spacing Within an H-1 Hotel District, the following shall constitute the lot, yard and open space requirements: (a) The minimum lot area shall be not less ti@an 14,000 square c feet, provided that no minimum loll area shall be required of any off-street parking facility, located on a zoning lot other than the zoning lot on which t@,e principal use is situated, to rieet zoning requirements of a permitted use. (b) The minimum lot width shall be not less than one hundred (100) feet, provided that no minimum lot width shall be required of any off-street parking facility located on a zoning lot other than the zoning lot on which the principal use is situated to meet zoning requirc.,nents of a permitted use. (c) The minimum yard requirements shall be as follows: (1) Front yards shall have a minimum depth of thirty-fiv-- (35) feet and except fo, access vialks and drives, shall be maintai@-i d in @landscaping and s@@ill not be used for @- @ r'@ i f, -, (2) Side and rear y--rds l,hal-i h,,v@ a riinif,',Uffl depth of @Wenty (20) feet; provided that the nearest ten (10) feet of such yards to lot lines shall be maintained in landscaping and except for necessary access to an adjacent s'@.,e,.t, shall not be used for drives or pa@kinl. 88 (3) In addition to (1) and (2) hereinabove for any por- tion of a structure or building over thirty (30) feet in height, additional side and rear setbacki be prcvided at th-- rate of one (1) foot for each (10) feet in heiglit or fraction thereof. 703. Maximum Densi-Ly Ra+ings Maxirr-um density ratings shall be eighty (80) loe@gi Ing uni's per gross acre. (Uses containing combi-ations Of cl@'lelling and loda- ing units shall be li,,Tiited proportionately; e.g., an Ipar'Tent- tio-Lel on one (1) acre in H-1 might @lave twenty (20) dwel- @i@j units and forty (40) lodging uni-us with t,@io (2) lo@ging added for each reduction of one (1) (I,,,ellirg t)ni@). Lo' @ii @,@e shall not excced fif@'y (50) p@-rc-2nt. 704. Height Regulations (a) Where a zoning lot within the H-1 Hotel District the side yard of a zoning lo@G ir) a residen-Gial or ap@-,',-ne;it district without an intervening street, alley or per-7Anent open space ovpr twenty-five (25) feet in width the .-,ght requirements of the adjoining residential or apartir=-,it dis- trict shall apply in the H-] Hotp.1 District. (b) Except as specifed in Item (a) hereinabove there sha"l be no maximum heigh-L r(@gulations ir. the F,-l Hotel Distr4ct. 705. Sign Regulations (a) t4ithin tlie H-1 Hotel District the same, regulations as per- mitted in R-1 Residential District and A-1 Apar'lm.-n'L Distric-u shall apply and in addition: (1) Chesapeake Bay - Atlantic Ocean Waterfront: No sign oriented to the beach shali b-. permitted except one (1) sign per zoning lot which inay be illuminated witn total s,irface araa of twenty (9.0) square feet. (2) For each t,,-ien@y (20) feet of principal froqtage adjacent to a street and @or each forty (40) fee@@ of lo@@ line adjoini,g a strept I)L@t not @:onstituting .-rorta;a not morp- than one (1) sign and not i,,ore than fort,y k'40) s,uare feet of surface area proii(!,,@d however, that ro @z-+ablish- m-Int rtiay havl inore than fo,,ir (4) signs and tha@@ @--sign X- i 6 Zcl a strf,et thdn required abo,/O iiiay have. one (1) siqn not ex- cceding t@iirty (-,'O) sq!Aa@,e @.,e'(1 of s,-Irfaca area. 83 (3) Signs advert.ising property for sa@,@,, lease or i-ent, rovided that no such sign shall exceed thirty-t,@ic @32) sqllare feet in ar,?a, that n,,)' iiior@ than t@,13 (2) stAch sigt,@s [)e erec+,,d fo,- e@Ic@i or,,-@ hundi-ed lk3lOO) feet of lot line! a-u thp- stre@-t Y,ight-of-@,i,,-y, a,@ic' t',,Iat not riore t@,.an fc)ur (4) s!jch si@r,.s stiall bi@ er,2ctL'd on any r)ropertv. Any property @iav4,ig less frontagp- or lot lirie adjoining a street -nay bavf, one ('[) si 'gn riit exceeditig thirty-tvio (32) square @@eE,t of surfa-@e jrf-,a. (b) All other Llses shall have sign regulations as sp-2c@@, 4'i t@ie district vi@iere the use is first p(,rm@tted as a @;I,*,@, use. @06. Of,@-Street Parking Requirements Within an H-1 Hotel District, th.- follo-,qinl s,,tc-ified uses s!,,a-,] comply with the off-street parking requir,,,inent-I designa"ed thE@r-e- fore: (a) Hotels and motels: (1) Dvielling uni-@s: a-tl least one and one--lourth sl)ace per unit; however, if in the overall re(l@lirements any @rac- tional parking s,oace shall be reouiced, sici) frac@lion shall be increased to ore (1) full @lpace. (2) Lodging tanits: at least one (1) sp;lce per uni@@. (b) Botanical and zoological gardens: at le7,lst one (1) space per 10,000 square feet of lot area; (c) clating and drinking establishments acces@,ory to a hotel: at least one (1) sp,@ce for each three huidred (300) square feel, ol@ floor area in diniiig ared; (d) Golf courses: at least five (5) spaces r)er hole of the main course; (e) @,leeting rooms and convention hall facilities accessory to a Is hotel: at le@ist one (1) space per t,,,ient,l (20) seating (f) Museums and ar-L galleries: not less than ten (10) spaces and an additional space for each three hundred (300) square feet of floor area or frac;tion thereof i@i excess of 1,000 @-i i -Lfi the o,-f-s'reet par"'ing reqtiirerents specified iri th-- ccnditional use perni@'. 90 B. H-2 Resor-L Hotel District 710. Legislative intent TI@e purpose of the H-2 Resort @iotel Distr 4,Ct S to pr,,-,v- @'-Ie areas @ihich can accor.-mo(late high deilsity hotels and iiultiple ;,@ly dwellings aiid thlir related iiaeds a,,icl iiiere d high c@nc,@@l-ation of resort facilicies is desirable. This district is no@, for general application but shoild be limited to sizeable tourist destina@lion centers. Because of high densities and the rrixture of uses w4thin this district, it is imperative thal@ public facili- ties be adequate to serve the needs. 711. Use Regulations t4ithin an H-2 Resort Hotel District, only the follo,@iing uses and structLire-@ shall be per.,-git-led: (a) Principal uses and structures: (1) Hotels and motels; (2) Multiple family dwellings. (b) Accessory uses and structures. Uses and structures ich are customarily accessory and clearly incidental and sub- ordinate to principal uses and Itructures, including but not limited to, establishments for sale of gil'ts, clothing, drugs, photographic supplies, n,@@,ispapers and magazines and convenience goods, eating and drinking establishment3, professional and personal service establishments, re@--ing rooms, convention halls, and r,,arinas, other than co,-nercial, excluding facilities for storage and repair of boats and sale of boating supplies and fuel; pr,ovided that such us2s shall be accessory only to hotels having twenty-one (2'j) or more dwelling or lodging units; and provided also that there shall be no evidence of the existence of such establishnen@'s from outside the zoning lot. (c) Conditional uses and structul-es. Uses and structures here- inaf'Uer specified subject to the provisions of Pa,,t C of Article @L hereo@@: (1) fieliports and helis-L-ops; (2) In cc)nnect@on @,iith hotels lotels li3v4nq 712. tlinimum Lot Area, Lot Width, Yard Spaciiig and Design Regulations Within an H-2 Resort Hotel District, the following shall consti- tute the lot, yard and op.-n space recilliremnts: (a) The minimum lot area shall be not less than 14,000 sc:,.iare feet; provided that no riiinimum lot area s@iall be required of any off-street parking facility, located on a zoning lot other than the zoning lot in @,jhic@i the principal @,s@ is situated to meet zoning requiremen'.s of a permitted use. (b) The rinimu.,n lot @qidth shall be rot less than severty (70) feet; provided t@iat no riirimuni lot @4iiOth shall be required of any off-street pa@(,kirig faci]4ty, located on a zo,,iing lo@' other than the zoning lot on which the principal use is situated, to nieet zoning requirements of a permitted use. (c) Front, side and rear yards shall hdve a rninim?jifi depth of five (5) feet; provided that all of t@le front yard and the nearest five (5) fe-.t o@, side and r,ear, yards to lot lines sliall be maintained in landscaping and, except for access t-- an adjacent street, no yard area shall b-. used for parking. However, there shall be no minimum si(i@ yard requirement on any side yard @,qhich is adjacent @o a public street. (d) Design standards @qith respect to buil,,iing location and orientation shall pro@iide reasonable consideration for protection of open vistas, air and li(ht. 713. t4aximum Density Ratings (a) Maximum density ratings for hotels an(] motels shall be 160 lodging units per gross acre (tises containing combinations of d@qelling and lodging units shall be limited proportionately; e.g., an apar-@lin@nt hotel on one (1) acre in the H-2 District might have forty (40) dwelling units and eighty (80) lodging units with two (2) lodging unis added for E@ach reduction of one (1) d@,ielling unit). (b) Maximum density ratings for niultiple family d%qellings shall be eighty (80) d@,jelling uni@@,3 p,,r gross acre. (c) Lot coverage for all usas and structures shall not exceed fifty (50) percent of tota-i area lot bourdaries, provided th;it vihere more than half ol- the gros,.; 9, r i :s @i@/ - lot is occupi(,,@ @,y por-Lions of t',Ie st@@,!cture 3bc)ve twenty- five (25) feet i,-i lo@ier poi,ti,,Yls, including pat,king structures, niay occlipy all of th,2 1),,,iidable a;,ei oF the lot. 92 714. tieight Regulations No portion of any building or o'@h@r strlicture loca@@eci wit@iin an P,-2 flo@lel Distril-t s@.all exc,,,ed 1-15 f@-@-t. 715. Sign Regiilations Within tri2 "1-2 Resor" Hotpl District sign rrgulatioris sh&'Il be as permitted in tha H-@i Ilotel Distrir--'U. 716. Off-Stv,eet Par'r,,ir@g Reg@ilallior,.s (a) 14ithin an H-2 Rc-,sort Hotel, Di,,i-ict, the off-streel parking requirerp.ents for the H-1 Hollel @istric-L s@iali a-,,)@)ly, pro- vided "ha@ @@iith @'eference to L@@ uses lie@-eir,, the following require,len@us sh,-,Il L.- appliclble: (1) Ilotels: at least one (1) spac-- per dwel,@@,'Ing or lodgina unit. (2) Mjltiple family d@@iellirgs: a,@ 'least one and one-half (11/2) space p--.- dwellinl L@nit. (b) However, if in the overall recu@ret@ents any fracional park- ing space shall be required, su-h fraction shall be increased to one (1) full spac-1. 717. Off-Site Parking Facilities Off-site parking f,3cilities in connection @'liti, hotels a-d inotels located @qithin the H-2 Resort Hoi.-el -)istrict may be @,@-,.r,,Iitted on zoning lots within the B-41 Resort @lormercial Distr,4ct where the required off-street parking canno, be provided on ,h? lot with the principal building or use p!-,)vided: (a) Distarice of the farthest Qdrkin, space fron, the n=-arest principal entrance of the establishment or ec;ta@blishr,,,ents involved shall not exceed 1,000 @eet by cu3tomary pedes- trian routes. (b) Structijres i'or parking faciliti@s shall con@orm to the re- gulations of th, district ifi ,,@'n7ch I('Cated. (c) A written agreement assuring cci'@4nued o@ the number of spac-'s indica-Led shal; be drawn and e@-ecur@-d, and a certi.lied copy of such agreem2n@@ shall he @,eco-d, Pl@,,inin,! or such portio@i of the use 11 s Is @leficien.L ir, r of pai,kir,g spices s@iall be disc,.,jr,,t'riu2d. The agi-eer,,ent shall be subject to @lh(,. approval of t@le rity Attorn,@y. 93 ARTICI-E 8. 0'r-FICU' DI .1@ @'i 800. Legisla+ive intent This district is iriterded primai ily fc)t- oc@fice @iri@i in@st-itutional uses. t4ithin this disti-ict, it is int.@nd@@d to @)rC)vid.-O Pn environ- ment appropriate -Lo office or -,'nstituti,,)rial cha,,,,a--'Ier and ccmpa'4ble viith residential uses @,ihi-@h r,,iay ad@c)iri zkrd @ihere publi,- i@acilities are availabl-I to ieet thei@, needs. 801. Use RegLilations Within an 0-1 Office District, only the ff)llo;.,@ing us-@-@ @,@.rLic- tures shall be p--riitted: (a) Principal uses and structures: (1) 01-fices in @,jhich g,,)ods, @,ii-es oi, !ri-rcilandise are not cof,,lrpercially created, dis:,,Iave(l, stored, exch;inged or SOI(l, sic, as: (i) Business offices of a pub'tic utility, transpor- ta@Gion, advertis-'Ing, @,-eal estate, insurance, comme-cial or @ndust-iil ,.stablish ents; (ii) Finance agency offic'-s, banks; (iii) @,ledical, opti@Ial and dental olfices ard clin,"cs; lega@., engineering, -irchi-@ectural and si@n4lar professional offices; accounting, auditing and book,@eeping s-Irvic.@ k)f@@ices; (iv) Offices of miscellaneous business services such as consumer credit rf,porting agenc4es, ;Failing list and stenographi(@ services, business and rr,anagement consultin(i services; (v) Offices of non-profit organizations, such as professional organizations, civic, social and frat-Irnal associatio,,is, political crgarizations, rel@@gious orgaiiizitions, and labor unrr,,s, pro- v4ded, ho,,ipver, t@a@@ no " ha!-is '--e permitted in this di@;trict. (2) Child Cal-e CE'nters day tiiirs2ries; or pi, i v@,! e 1 t-i@ien tary i s O@' CilLirC,@'--s (4) C[,--Irch--s (5) Florists r-.tail; (6) Funeral ho@Ties; (7) Governmental cE,.n-Gers ard offices @nd o'Lher public uses and struct,@res appropriate @o "@le Chdr,,,-Iter ol' the dis- trict, necessary to its servicing, or r-.qLiiri(ig loc@,ti@in within the district; (8) Museums, art galle-ies, auditc@-iL;,Ins, ,-(,enas, ciiic cl@ cultural ceriter,s, historic exhi@i@s, botanical garclefi,l parks, recrea'@ional facilities @r." the @;.ren on ated by a public agency or no@@ for profit; (9) Nursing or convalescent hoities, niaernity hornes, hor,,es for the aged, and siiiilar insti'@ti-ions for the sh@lter and care o@ persons; (10) Private club,; and lodges; (11) Public schools, colleges and un@v@-si-lies, an@- private schools, colleges and universit4e,, @aving si,.7ilar academic curriculums; (12) Public ul'ilities installetions ari,l substa-@ions incltil,ing offices; provid--d storage or rpaint@rance fa,-ilities siiall not be perTitted; and provided, fLir-@Lher, that u@Lilill-ies substations, other than indi,,,i,!iT,,,! trarsfor,,Tlers, shall be surrounded by a wall, so'!i(,' for en-'Urances ard exits, or bv a fence wi@@h a sc@-eer)4nq hedge fi@le (@3) "o six (6) feet iri height; and prc,;i@'ed a-iso, transforr,,@@r vaults for -Lirdergroind u-Lilities di@d -@he like shall i-e- quire only a landscaped screen-ing hedge, solid Lxcep-, for access opening. (b) Accessory uses and structures. Uses and structures vihich. are customarily accessory and clearly ircici@n@@al and subc),-@,inate to principal uses and structures inc:]L.-cling biit not linitei -Lo: (1) Accessory dcielling or lodging Lini,.s, primarily for p@er- sons @qorkirig thp diSt,iCL, provided t@aL OF total floor area pe-iii'Lted by tha @loor a,-ea r@atio, !,.@t more t@ian fifty (50) percent shall be in d@,iellinci lodgirig unil's, atid tha@6 t"a f"oor 2rea in d@iellirg lodging un@@L.s shall no', exceed in the Drinc;pa' us@- Lo 96 (2) As appropr,iate to the D@-li)cipal use, e'@hical pharmacies, dLntal laboratories, ard thp- @i@ting and sale of eye- glasses, hadring aids, prosthetic appliances, and t,@-2 like, p-ovided that no such ac,,2ssory use in coibina'@ion, shal'i occupy Tnore than tE.,n ( I 0 ) .@2rc @,n @, of the tr)@Lal f loor a rei invol ved i ti the pri tic i pa -i us r,@ . (c) Conditional uses and structures. Uses and S@rLlc'Lti-es here- inafter SpeC4 Ified; subject to Iomoliance viith '-lie @-ov"'Sl'(,rls of Part C of @Ir'@icle 2 liereol@: (I In connection with princ 1 @,31 uses , eat4ng ati@, drin'll-ing establishrients, establisii,.ients for sale of conve:@,@ence goods and personal servic,@ estd@l i,;Ilii@i,@nts o"her t[,,.In those per,,,iitte,,' as princii,al uses, provil---d @lhat stich uses shall in combination not occupy 7,10,,e t@,an ten (10) percent oi' the total fl,,)o." ac-,a involve,@i @t'. @@e princi@@al use. (2) CeTieteries; (3) Ex@lrac-@ive industries, in(@luding the rer,.ov;ll of sand and soil; (4) Hospitals ard sanitariums, (5) Television or radio transriission towers and @line-of sight relay devices. 802. Minimum Lot Area, Lot Width, Yard Spa-4ng and MaxiiT'.Ilm Lot Coverage Regulations (a) The minimufn lot ayea shall b-, 10,000 square feet, provided, however, that the minimum lot area for churches shall be three (3) acres. (b) The minimum lot width shall be one hundred (100) feet. (c) The minimuiti side and rear yard reqijirements of any use shall be ten (10) feet. (d) The miniiruin frr),,it yard requi,ler,@n@'s 3f any wse be twe@ity-five (2@D) feet. (e) The r,.iaximum Ic)-L ,,,)verage sh,,,Il ba t@@,,enty-five ----ent of the -Lolal @,@-ea within lo@ No pDrtion ol@ any [@,-,ilding or othe@ st@,ucture located @,lithin ari 0-1 Of@ice Distric@@ shall exceed seventy-five (75) feet in height. 804. Sign Regulations Within the 0-1 Office Distri-It the foll,c),Ving sijn regula'Uions shall apply: (a) For each forty (40) feat of principal frontage adjacent "o a street and l@Or each eighty (80) feet o(@ lo@@ !in,. adj'o-ininq a street but not constil-uting frontage rot more t'fla'l one (1 ) sign and not rrore than thirty-t@,,,o (32) square f--ell of surface area, provided, however, t,qa'@ nj esteblislimer,- rp.,iy have more than two (2) signs ati,@q tha+ no sign shall e;,,co-@- two (2) faces neither of which shall exceed sevent,/-fi,,,- (75) square feet of surface area. @ny estiblishment o@,- property having less frontage or lo'u litie i,.djoining E@ str-e2t than required above may have one (1) sign not exceeding thirty-tvio (32) square feet of surface area. (b) Where there is an establish-d office or instit@itioral pai,k containing five (5) or riore establishr@l--nts and a of 60,000 square feet of land a,-ea, c;n@ (1) can'@er i,@l-.nti- fication sign for each principal en,Lrince not exceedina two (2) faces neither of tihich shal-i exceed one hlindred- (100) square feet of surface area. t'nere is an es- tablished office or ins+itutiona"i p@r!, conlaining ten k'10) establishmer,ts and fif+leen (15) acres of I,,nd, one @'l) center id-.ntification sign for each p,inciral e@itrai,,-.e @)t exceeding two (2) faces neither of which shall exceed hundred (200) square feet of surface irea. @lh@-re t@iere is an established regional ol@fice or iis'--it@iti()nal park containing fifteen (15) or mor,e establis,',iwents ind thirty (30) acres of land, one (1) center id.,@itification sign f,)r each principal entrance or fron-Lage no@ exc,?-2c,.'iiig t@-io (2) faces, neither of @,jhich shall exceed three hundred (300) square feet of surface ared. (c) Signs advertisiiig property for sale, @iease or rert, prov,ded that no such sign shall exceed thirty-two (32) square fe;t in area, that not more than two (2) such signs shall be erected for each one h,,Andred (100) feet of lot line at th-2 street right-of-way, and that not nore than four (4) such signs shall b-, erected on any property. Any property ha,-,;ng less fron-age or lo-L line a(ijoinin@, a st-@et @,,a,y hiva o,-,,- (1) sign not exceeding tnirty-t,.va (32, -square fee@u of surface area. 98 805. Off-Street Parking Requlations spe,-if iecl ,jses slial I Within an 0-1 OfficP Pistrict, 0, comply ,@,,ith the off-sluree@ pirkir@g dp-3igrated there- fore: (a) Offices, busiress sV@iLiios, f:@,ores, blisitil,ss and voca- t-ional schools, oersonal servi.7@ es-Lablishmeri'--s a.,,,d fina@icie,.] institutions, ot@er than bdn'@s: z,@, least on,,. klli@ silac,, per four hundred (400) square (,f @loor area; (b) AuditoriLiri,,s a@ld asspi-,i'oly halls coi@.r,,ercial facil- ities: at leas-L rnF@ (1) sf,@ce P-2r or@e square -,r2 spac- @)@r five (5) feet of floor ar@a c)r @i' I eist fix,-d 1,2ats, whichev@,!- is (c) Ba,,iks :at leas-L (1) sp@,@e @,r 125 sqliare of floor area; (d) Child care centers - clay n,-irsel-i,,s: at least on,,@ 'ki) space per three hundred (300) @-eeL- o-@ floor irea; (e) Churches: at leas" one soa@:, P--,r ]live (@ol sea@s or bench sea'@i'ng spac,l in th@ m a,n (f) Eatiiig an@, drinkin,,, establi,,@,ii,,ens: at leas" ore (1) space per one liundred (IhO) squa@,@ of floor ace,,; (g) Funeral hc,,,.ngs a@,; p(ib@'ic at IE@ast one (1) space per five hi@rdred k@-,!"o) SqL!_@re ol@ f@to)@- (h) Hospitals: at leasl@ t@ic ard or?@-@alf (2.5) sp,-,--!?s ppr patier-L bed; (i) t@iedical, optical, and dental ).@f7ces and clinics: a@, least one (1) space per ',@4o hundred (21@@)) square fe2t ol- floor area; I (j) Museums and art galleries: not less than @en (10) si)ace?s and an additional space for eac,i thrc@e i@un(.1r@d (3-001) sc,,iare fe-t of floor area or frdction t@ereo@ ,@n excess oF I -MO square feet; (k) Nurses hores a.@d h',)tAs-!rn for instil'ut'orai at leas'L Or@.' (1) space ner -O:jr (i) occupan"s; (1) Private clu,Ds and -lodges, snc4@l c,-n'@,2r,s and at@7@r -lUbS: (I 3 Public utilities installations and -1@ihs-ations; pro- vided of,4ces ol- storag- or main-@e@iincr-, facilities shall not he per@,nitted; and provid2,@, furtiler, thl@- utilities substations, o-Lher than iidivi@ual trans- form--rs, s@iall b@ surround,d by a vi,l', ,olid exc('D@ for entrances and exi-Ls, or by a fence ,qith a screen- ing hedge five (5) to six (6) Fee@, in height; and provided also, transformer vail@'s for uridergrolind utilities and the like shall reqlji- only a landsca,,)@-d screening hedge, solid except for ac,-e3s openi.ng. (14) Restaurants, p,-ovided that drive-in establishlients shall not be t)ermitted. (b) Accessory uses and structures: Uses and stc!lctu@,es wi@ich are customarily a--cessory and clearly in--@ldentil and sub- ordinate to principal uses and s+lructure. (c) Conditional uses and strtictures: Uses a;id s@lruc-@Lires here- inafter specified, subject to compliance witri t@,,. p-OV4 sions I I of Part C of Article 2 hereof; multiple f'a@ily pro- vided the r--quirements of the A-1 Aparti,-,-?nt District are mc!,-. 902. Minimu,-i Lot Area, 'Lot Width, Yard Spacing and @,laxinium Density Regulations With4n a B-1 Businps,-;-Residential District, - e i'ollo,,,jing sha"ii constitute the lot, yard and open space rea,ui@-empnl-s: (a) The minimum lot area shall b-@ 5,000 square .@--et provided that for any zoning lot involving uses fo,- uni'us, the minimum lot area shall b-. as provided in the A-1 Apartrent District. (b) The minimum lot viidth sball be fifty (50) fee'L; provided that for any zoning lot involving uses for d,ielling units, the minimum lot width shall be as pr,ovid,2d in the A-1 Apartment District. (c) The minimum yard reqijirements sha-ll on@ly b.- as p,-ovid2cl. herein: (1) Where the side or rea- yard of a zo,,iing lot withili @u@,e B-1 Business-Residen(@ial District ad.,@oins the side or rear yards ot@ a zoning lot in a resi,'ential or ap,,rt- or S tA'--fl 3I0 r quirem,,@nts c)" tie aci.4oiniiig ya-d 'tn c,'I-- ,es-@lderitial or apartment dist@^ict. The yard ar@& %;@ iL @l@n five '5) feet 102 c ARTTCLE 9. BUST@IESS DISTR ':rS A. B-1 Business-Rp-sidenL-.ial Dis-Lrict 900. Legislat4ve intent The pur,pose of -Lh-- B-] Business-R@s-l@,,'-,nt-lal Distr-irt is to provide areas where a lirpited range ol@ business es+@blisl,,@ents W411 be the primary use of the lanrl bU,Lwher@ tl3x;bility is desired for possible irclusion of so@iie m[iltiple f,,@1.1@ly These areas will primarily be localec, vi@iere prior zo-Pi@,ig of land for busi,@,ess tises has cre,3ted a loi C@-mand for full d,@,@@lopinent but where greater develop@oen-G can be et,lcouraged @iith t@,e -,Iixture of business and nul-lip,@ family d,,@jellings. 901. Use Regulations Within a B-1 Business-Residential District, only th-- l@olloviing uses and structures shall be perm,,@-ltcci': (a) Principal uses dnd structlires: (I ) Animal @,ospi'uals, pounds, shelters, corrmerci;il kennels, provided -Lhat all anii,,ials shall be kept in s-3u(',dproofed air --ondi@@ioned btiildings; (2) Bakeries, conl@ectioneries and delicatessens; ,rovided that products prepared or processed on the preroises shall be sold only at retail and only on the premises; (3) Busitiess studios, offices, and clinic5; (4) Child care centers - day nurseries and child c-are education cente,s; (5) Churches; (6) Financial ir,,stitutions; (7) Florists, gift shops and stationpry stores; (8) Grocel-y stor@,@, varietv stores, drug stor-.s, @---aL?ty shoDs, barber shops, and and (9) Laundry and dry cleaning aciencies; (I (12) Public buildi@-igs and grourd@-. ioi (I 3) Public utilities installations and @;!I@s"ations; pro- vided of,,ices or storig- or main-@e@i,,ince facilities shall not be pernitt,,-d; and provid2(;, fi.Arther, tha@ utilities substations, other@ tha@i i@idividual trans- formers, shall h@ surround.,d by a vial', solid exc@,ol for entrances and exi'@s, or by a fetic-- ,q4th a screen- ing hedge five (5 to six (6) Feell- in height; and provided also, transformer vaults f@)r ufidergrol,;nd utilities and the like shall requirl oiily a landsca.Ded screening hedg--, solid except for access oppning. (14) Restaurants, p,,,ovided that drive-in establis@iiients shall not be oerrritted. (b) Accessory uses and structures: Uses and stf'@--ic@,u@,es which are customarily a,-cessory and cle@irly in,--idental and sub- ordinate to principal uses and structu,,-e. (c) Conditional uses and structures: Uses a;,l struc-lures here- inafter specified, subject to compl@lance @iith t@.-- p-ov,*Isions of Part C of Article 2 hereof; inultiple la,,-,lily d,@lpllincs, pro- vided the r--quirements of the A-1 Aparti,-,@nt District are me,@. 902. Minimum Lot Area, Lot i@.lidth, Yard Spacing atid @laxinium Density Regulations With4n a B-1 Business-Residential District, 'u@la @ollot,4ing shal' I I I constitute the lot, yard and open spac2 recui@,(,m@nts: (a) The minimum lot area shall be 5,000 sq.uare @eet provided t",@at for any zoning lot involving uses for uni@us, +he minimum lot area sha'll be as provid@-d in t,'I,@ A-1 Apartrent District. (b) The minimum lot viidth shall be fifty (50) feet; providp-d that for any zoning lot injolving uses f,.)r d,,ielli@ig units, the minimum lot @,iidth shall be as p,ovi,.I,2d in "he A-1 Apartment District. (c) The minimum yard reqtjirements shall oily b2 as pro@/i,@--d herein: (1) Where the side or rea- yard of a zoiing lot viithiti the B-1 B-isiness-Residen'Gial District ad,4oins the side or rear yards ol a zoning '@ot in a resic,ential or aparl- rent distr:;ct --n s+rpet, ill@,l or SLI--,@, ri" @ i -r , 1) @,- quirements o@@ "@ie adjoiniiig ya-d in -1h@ or apartment dis-L@-ic+. Thf-, yard ,ii,@@iin five k'5) feet 102 of t'@e. ,,t,op2r'v iiie F,,,.all i@,e lalidsca@i2d ,qith i screen- ing hl-dge, e@ccpt for P,,--c,@ssary access, and no %,3rd a:,@j s,,' al s a,@irg. @o,cts;ever, "o,- a y I1 be Li Ic@r p n zo,-iin@, lo@ iivolvirg L's,@ -he ,T;inim(;ni sida and rear yarl's 'stiill +,-In shall b,@, lav,d.sca@)c,@l Lxcent I-or @ne,- @,j@@ be@ tAs,@,d fo@,, ;19 (2) T,@,, f t tD n @, yi r(i thi r 'y 3,@ f (3) The i@iiniRijT@, si@',e yai,@ a(ill,,--,,@,@ @e te@i (!O') f@,Lt'. (d) The op--n soace a-d de,,,sity @,-.,n@'s fc,@- @arii iy d@iel-iings s@ial'@. he @S 7,- + i -'!I- @-I ,Ipar-,@e@i-I i-,jstrict. The f!Oor ar@,a of a@ll -Ilruc-IlAres ;i on a zoning ',c,' shal i ro-@ a '-@ @@-r @irea r,-,- rf 903. Peight Regulati,-@is @io portiop. of d ,r S--;' r2 i')Cdte@l the (35) 8-1 feet in heigh". 904. Sign R@,oula+,-icrs (a) For eac.@ f on--age a.J.4a,ent to a stre@@L I e;@ c"r, e i -,,a t t OF lot adjoir.ing - ',t@- 'a(,, tt re tha,,i o@,i,? @-n@ !:l,) sqt.-,are feet of s@,r@ace ar@-,, r,,, '!,,,it r,.o es-p-@lish- men- n,-, siqn sl,all exc2-d sevent,,- v2 dre@ 'D !ol- a street ihan rectt'r,@l sian rio" ,,X,-a-ciirg thirtl,/-@!,i,li (b) In r -,A @, L 3 c; ii e i i L '-Um 1 ,',all a ce.nter f (d) Signs advei,tisi@ig prop@r@ly for sale, lease or re,)t, pt,o- vided that no sucli sign shal-i excped thir-@Y-t1/2,io (32) square feet in ar-la, tliat not more than (2) su,.h signs shall 1- erected for each orie 'tiindrlcl (100) feet of lot li-e at the stre,-@t. ri@ht-of-,,4ay, @,nd t,'ia'l not r@are than four (4) sucti signs shall be C,,ected on any property. Any p@@op-.rty haV4y,g less froti'aga @)r lot adj--oining a stree" may have one (1) sigl- not exceeding sixteen (16) squar-. feet of surface area. (e) Beacon lialhts o- search @ligh-Ls rray be pLrmitt@,d for advertising pi@,rposes for s;,ecial evtnl's. (f) To facilitate occupancy in ttie new neighborhood shoppilig center containiiig a minimufq of 60,000 soluare f-2et of 1,,rd area one (1) temporary sign may be erected not to exceed, t@@io @2) faces, neithe, of vjhich shall excled one hundred (100) square fee'@ of surf;tcl, area. Sign shall be remov(-d when seven,y (70) percent o" the prope,-ty is occupied or lep.sed, or a,-ter a period ol' t@ien,y-feir (24) months @@ihicliever co,-.ies first. 905. Off-Street Parking Dequirem-nts r4 Within a B-1 Business-Residential Districl@, the folloviing soeci- fied uses shall comply %qith the off-street parking r--quirer,.ents desigr,.ated therefore: (a) Bakeries, cor..Fectio,,i@-r3es, delicatessens, drug stores, variety storas, beauty shops, barber shops, medical and dcntal offices, laundry and dry cleaning ag2ncies, bus- iness studios, oifices, ard clinics: a-C least one (1) space per two hundred (1200) square fee, oF floor area; (b) Bayiks: at least one (1) spice per -i25 s,,ljare feet of floor area; (c) Child care centors - day nurseri-.s and child care education cer,---s: at least one (I.) space oer three tilindred (300) square feet of floor a,-ea; 1-@iurches: a!- I,?ast on@ (1) space per f*lve @'5) seat'. or beich s-.a-Lirg 4,i t@.e main (e) Florists, gift s@.ops, stationery stores, liquor stores, f4nancial 4nstitu'@lions. and animal hosdita'ls: at least (f) @Irivate club-@, Iocial centrs, a',hletic club3, and groce-v s-@ore-@: a@L 'i,,ast ()rie (i p-.r one hundred 1,100) sq,.iarL, fF-@t of floor at,e 104 (g) Public buildi@igs: at leas(' on-- (1) space per five hundred (500) square feet of floor ar,.2a; (h) R--stauran-@s: at least one (1) spacf-, per severi-LY.-five (75) square feet o" floor area. B. 8-2 Cormunity Btisi@iess Disty-ict 910. Legislative in'@2nt The purpose of the B-2 Communi@Lly B@isiness District is @,c@ .,)rovicle land needed for coftirnunity-wide busin@ss establishmeni-s. IIhis district is intended for general app-!ication in the It is intended that by the creation ol@ this district, busliless uses will be geographically concen-G@-a'@ed. 911. Use Regulations Within a 8-2 Community Business Dist@,ic@l, only the follo,4ing uses and stt,uctur@'s shall be permi'@i.-(@d: (a) Principal uses and s@@ructures: (1) Auditoriurrs, assembly hall@ and union ha-lls; (2) Automobile repair establis@iments, provided @@h,,t all repair work shall be perfo@--ied within a buildirg; (3) Autornobile sales and ren@,al; (4) Boat sales; (5) Business and vocational sc(;ools which do no@, ;nvolve the operation of woodviork shops, machine shops or other similar facilities; (6) Business studios, offices, clinics and -nedical laboratories; (7) Child care education cenfers; (8) Chilci care centers - da@, nl.rseries; (9) Churches; (10) CoTnercial parking lots, p,,rking garag--s ar,@l garagE.'s; outdc,or tia"ur,e; prov icied r.;.-, ainus(-.iient af,ca,,'es shall b@ permil't,,d only as a cond4'Lional use; (12) Eating and drinking estdblishrrents; provided tha@, where there is an adjoining ros4@@,ential or apartri,,ent d4strict vii'llioull- an in'Lervenii,,,l st(-Ep@, allc.,y, or p-2i@m-,.rient open laii space over tvien-LY-five (25) feet iti widtli and vjhere lots separa@u-ed by tlie district baundary ha,ie adjcicer,.t front ya@,ds, the -first 10-@ 1/2,lithin t@-e B-2 comiflij@lity Busin-.ss District or one hundred (!00) feet of SlAch lot near,est th., boundary (@qhichever is less) sha"il no'G be used fo- a drive-in ea-li@,@c, aii@4 -@stlbiishmarl"; (13) Financidl institutions; (14) Furniture repair and upholsterinq, 5ervi.ces for radio and television and househol@ appliances other than thos-. witl@ gasoline engines; service and repair services for business machines; carpell- an@@, linoleu,-n I,,ying; tile setting, slgq s@,ops and otil2r small ser,vice businesses; (15) Funeral homes; (16) Greenhouses and plant nurseries; (17) Laboratories and establishn,,ents for the prod(ic@lion and repair of eyeglasses, hearing @ids aiid prosthe@lic L devices; (18) Marinas, including fac:ilities for @lorage and repa;r of boats and sale of boating supplies and fjel; (19) Museums and art galleries; (20) Newspap-.r pr'lnting and publishino, job and --omm,-.rc4al printing; (21) Nightclubs, bars, taverns, dance hills; (22) Pass-.nger transportation terminals; (23) Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops @qith processing on the p,emises; (24) Private .Iubs, lodges, sociil cente-s, eleemosy@ary establishrr,-.nts and athle@ic clu')s; (25) Public buildings and grounds; fac ili@Lies s@.all rat be per.'Ii 'Ltf'.d; ar,.d provided, further, -Lhat u@uilities substa'uions, other than individual -ransforners, shal''be su,-rou@ll,,Ied by a L @vall, solid except foi, ef,tratices and exits, or by a fence with a screening Ii-.dge f4 ve (5) lo Fix (6) 1 L feet in height; and provided also, trarisfor-PLer vaults fo- underground u@lilities and the shall require only a lanlscaped screening hedge, solid exciDt for access op2ning; (27) Radio and television bro-idcasting sta-@i'ons an-,' lin@- of-sig,@t re@lay devices; (28) Retail -Istablisf)ments, i-icliading the manli- facturing of goods for s,le @,)rily ,t t,Etail o;,, the premises; retail sdles a@id clisLDl,ly roof-,s a@ld lots, provided tha@L yards for of or us-.d building materials or ya,,^ds for a@ny sct'ap o- salvage coerations or for storage or display 01- any scrap, s3@i,,Iage or second-hand btii'ding ma1/2@rials or t)arts shall not be (29) Veterinary establishments and commercial @@ennels, provided that all anifflal,l shall be kedt in so,-ind- proofed, air-conditior.1-d buildings; (30) '@holesaling and distributiori operation-,, provided that SLich operations do @@ot involve- 'Lhe use of: (i) rpore than 2,0'UO square feet of floor area for storage ol@ @qares 1-0 t)e sold d'u wholesa-le or to be distribL,,ted, or (ii) any vel,licle ratecl at, more than on,. and one-half ton capacity, or (iii) a total of more than five (5) delivery vehicles. (b) Accessory uses and structures: Uses and structu-es which are customarily accessory and clearly incidental and sub- ordinate to f)rincipal uses and structur-es. (c) Conditional us-.s and struc-ures: Uses and struc"ures here- inafter specified; sUbj@.Cl- @O COMplidnce wit@ t@@ i)@'ovisions of Part @, of Article 2 ,@ereof: (1) Amusernen@, arcades; (2) Aut,)mobile service s@latiors, p@-ovided t'@at re@:d-rt@,' o Lq 0 lot,, s-parat,lci by the ',)oLrdai,v have, adjace,,i-L front y,)r(,s, a si),, fo,@, so! i@, "enc- sha'] sepa@,ate 107 the autoriiobile serv4ce sta-Lion u@le frolo t@.@ ad,@acE-,nt residential district and no ground sign shall 13@ wi!'.@iti fifty (50) feet of the residpn-@ial o- apar-L@ien" dis@rict; (3) Bulk storage yards and building -anty,@ictors' y,,.rds; provided t@ia'L no sale or pi,ocessing o@ scrap, salvag.-, or sc@on,,,-ii an d @nater ia', s iiaII be pe -r 1-ted in ,@ic@i yards; and, provided further that sti--h storag@ yai@ds shall be co,-nplete-ty enclosed eXCepL @or necess@rv L I openings for ingr,2ss and egress ')y a l@ence or not less than six (6) feet in h-ight; (4) Car wash facilities, provided @Lhat: (i) no wat2r produced by activit@ies on the zc)rirg lot shall be permitted to fall upon or drain across pi-iblic streets or sicie@.Jilks or @idliac@n@- proper'@ies; (ii) a rilinimum of t@lree (3) off-strt?.et parkir,.g spaces for automobiles shall be provided for each ca@, wash space .qit@lin the facil --,y. (5) Extractivo. industries, inclliding the i,einoval of sand and soil; (6) Heliports and helistops; (7) Hospitals and sanitiriums; (8) Mobile home sales; (9) Outdoor advertising structures, !)illboards, signboarcs and poster panels shall be allowed on unimproved 'Dr(,'p- erty provided the regulations ol@ Section B of [Art"@c'e 2 and Section 914 hereof are met and f@irthe- provided that no outdoor advertising sign shall exceed three hlindred (300) squar,e feet of surface are@; (10) Public utility storage or mainterance installations; (11) Recr"al'io@!al and afi@i@semer,@, facili@ie, of an natu@,e; pi-ovidc-.d @hat i?, -Ln.- o@ suc@, properties, safeguards are provided to preserve an.@ protect the existing characte- of a(-Ijdc&,@it prop2rtie-, except that ri,.'4ng academies and rec,,-eational 103 912. Minimum Lot At-ea, Lot llidth, Yard Spicitig and t4aximum Density Regulations Wi,thin a B-2 Communil.-y Business Dist@,i-,-L, -,he 1-ollowing shall constitu@lp the ',ot, yat'd and open space @-iid dersiL'Y requirements: (a) The inin-liri@m lot arfa shall be 5,000 square feet; howev-r, th,@ minimum lot area for Ihurches shall be three (3) acres. (b) Th-. ln4rirnum lot width shall be fifty (50) feet. I (c) The minit,,iutn yard requirerrents ,@all only be as provi,,'--d herein: (1) Ij'here the side or rl@ar yard of a zoning 10-1 wi',@,4.n a B-2 Community Business Dis'Lrict adjoins th-, si4-,-- ,,r rear yard of a zonirg lot in a residc-,ntial @r ar@r'l- n.en@, district withou+l an intervening strc-et, al-,i-2y or perrr.anent open space over ttienty-five (25) feet i'- widt.'i, such s4de or rear yard shall cont-orm Lo z-e se@,bdck requirements of the adjoining yard in residential or apartment district. The yard ar@@ within five (5) feet of the prop-rty Iiiia shall -e landscaped viith a screening hedge, excedt t'or ,@lays necessary for access, and no yard area sha*'@ be used for parking. (2) Th-, t,,iinimurn yard requiremen"s of any yard adjacert to a s+lreet @@ithin a B-? Co munity B@isiness Dis'r-ct shall be thirty-five (35) eet urless a grea"E,,r .-,@-in- iiium yard is requi-ed i.'l Ite@n k'l) hereinabove. (d) The floor area of all build 4,ngS and sructires situd-l-ad on a zoning lot shall not exceed a floor area ra'lio o' 2.0, provie,ed -hat in addit2.on to It@ch rraximurn, fiv-. (5) -@cuare feet o@ floor area may be added for eeic@i square @oct of public open space at ground level, and tfirce (") sq,,-a,-e feet oF fl@,or area may be added for e;-,ch square foo" o@ arcade -ar2a, wil-h *he -ive (5),-,@lot setba-lk t@.e street frontage. include@ as arcale area where provid--,-4. 913. Height (a) Where a zonino lot lo-@atecl the B--@ Com i..iity Businoss District adjoins a zoni@g lo@ ,*,i a rc,.siI dentil-,l ,r-.aparl@ent dis'-lr4@,@t n I b,2 ajp ii cl@ as s eci -i@d in "@eiii fi) @i, t@icrp @@,al (b) Excep@- I I I i - I , I be n@ h2iglit (@,,is i@i tii,2 P,-2 C o@-mu iii "y 914. Sig,-i Pegulations In the B-2 Community Business District the follo@ding regulations shall apply: (a) Fo,- each forty (40) feet of priticipal frontage adja,-ent to a silreet and for each eighty (80) feet o@ lot line adjoin- ing a street but not constituting frontaqe not more than one (1) sign and not trore than sixty (60) square feet of stirface area provided however, that no establishment may have r,,ore than five (5) signs and thall- no sign shall exceed two (2) faces neither of vihich shall exceed 125 square feet of siirface area. Ary establishment or property having less frontage or lot lin.@ adjoining a stre-It than r-@quired above may have one (1) sign not exceeding forty (40) square fcet. (b) Wher--, there is an established community commercial center containing ten (10) establishments and fifteen (15) acres of land, one (1) center identification sign for each principal. entrance not exceeding two (2) faces neither of vjhich shall exceed two hundred (200) square feet of surface area. Where there is an established regional corrimercial center con-Laining fifteen (15) or inore establishments and thirty (30) acres of land, one (1) center identification sign for e.ach principal entr,,3nce or frontage not exceeding two (2) faces neither of vihich shall exceed t,',,ree hundred (300) square feet of surface area. Such identil'ication sign shall specify only the name of the center. (c) Signs advertising property for sale, lease or rent, pro- vided that no such sign shall exceed thirty-two (32) square feet in area, that nol- more 'Ghan two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not ffiore than four (4) such signs shall be erected on any property. Any property having less fron-age or lo@G line adjoining a street iray have one (1) sign not exceeding thirty-two (32) square feet of s@irface area. (d) on unimproved property, for each two hundred (200) feet of frontage not more 'han one k'l) otitdoo- advertising sign and n,)', irore thai t@ir,-2,e hu-dred (300) feet ol@ surfac,? a,-ea. (e) Beacon lights or search lights may he permitt-.d for adver- tising purposes for special events. @-a@c @G2 "'C@ a Til e lTiay be erected noi,. to exco,ld two (2) of .,qhich s',ial 1 exceed t,@.,o h-Iiiidred ('100) square :eet of surface ared. Tn a regional coorpercial cenl-er co,,itain@rig @uhi-@@Y (30) a.@res 110 (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) space over twenty-five (25) feet in width and where lots separated by the district boundary have adjacent front yards, the first lot within the 5-2 Community Business District or one hundred (!00) feet of such lot nearest the boundary (whichever is less) shall not be used for a drive-in eating and Jrinking establishment; Financial institutions; Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; service and repair services for business machines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; Funeral homes; Greenhouses and plant nurseries; Laboratories and establishments for the production and repair of eyeglasses, hearing ~ids and prosthetic devices; Marinas, including facilities for storage and repair of boats and sale of boating supplies and fuel; Museums and art galleries; Newspaper printing and publishing, job and commercial printing; Nightclubs, bars, taverns, dance h~lls; Passenger transportation terminals; Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops with processing on the premises; Private clubs, lodges, social ~ + ~- c~n~e,~, eleemosynary establishments and athletic clul)s; Public buildings and grounds; facilities shall not be permiLted; and provided, further, that utilities substations, other than 106 (k) Hospitals: at 1-.i,-st two and one-half (2.5) spaces per patient bed; (1) Marinas: at least one (1) space per boat slip; C. (m) tiuseu,@s and art @Iall.@ries: not less tntn ten (10) spaces and one (1) additional space for each -uhr@E, hundred (3@@10) sqLiare f,@et of floor area or fraction thereo f 4In excess of 1,000 square feet; (n) Night@clubs, bal-s, tavet,ns, and darc@ halls: at least ore (1) space per ona hundred (100) square feet of i'loor area; (o) Personal service establishments: at 1--ast o@le (1) spacc-. per two hundred (200) square feet of floor area; (p) Pr'lnting and publis@iing establishments: at least one si)ace per 1,000 square fe-.t of floor area; (q) Private clubs ard lodges, social centers, athletic clubs and commercial re--reation faciliti@-s other t@,an bo@,,iling alleys: at leas" one (1) space per one @,Lindred (100) square feet of 1-loor area; (r) Public buildings and fune-al homes: at least on-. (1) sp,3ce p-.r five hundred @'500) square fee@ of floor area; (s) Re.-ail establ4lsh,-@ien@@s, repair est@ablishments, plu-,n,@ing and heating establishi,@ents and se-vice est@bli-,;hmer@ts other than p2rsotial service establishments: ;-4.t leasl- one (1) space per t@,,io hundred (200) sqliare feet of floor ar,,a-, (t) Restaurants other than drive-in eating and drink4lng estab- lishments: at least on.- (1) space per se@/enty-fiv-. (75) square feet of floor area; (u) Sanitariums: at least one (1) space per four (4) patient bedts; (v) Uses permitted Liider conditional use perrri-us shall cofnply with the specific off-stree@L parking require.'Pents attached ,-a th@ conditic-ial us@ permit. 112 C. B-3 Centi@al Business DiGtrict 920. Leg-islative Inten" The purpose of th2 B-3 Central B,.@siri@ss District i@ to se- a'Dar'@ tb.at portion of the C'@ty which fo@,.@ the ie-Lropoli'@an cp-rler for f4nancial , co@nmercial , professic)nal and cultliral ar i-iities. It is intended tha'-, any uses likely to cy,eate frictio@l @@@h t@iese proposed types of activities will be discouraged. -;Iii@ @istrict is not intended fo@, general applicali@,:)n thr,,),jg@iou@u @p @-4ty. 921. Use Regulations Within a B-3 Central Business District, t@ie follo@iint-I ises and structures shall b@. permitted: (a) Principal Lises and struc-@ures: (1) All of t[i,@ principal uses and str@ictures p,2r,mi@Lted in the B-2 Cor,.munity Business District, except, -Lhe f,,Ilowing: (i) Automobile repair establishments; (ii) Boat sa@ies; (iii) Greenhouses and olan@ nurseries; (iv) Line-of-sigh-L relry st@,-Lions; (v) Who-iesaling and dis@ributiiig operitions -,@cep@u as provided in Itc-@ (2) Flotels and r@iotels; (3) Whole-caling from sample stncks ,@@ithout the Y,estrictions applicable to other wholesaling operations. (b) Accessory uses and structures: Uses and structures @,,,@iich are cu@tomarily accessory and clearly iiicidental sub- ordinate to princl*,pal uses ;truc't,,res. (c) Cond@ :t4I0,13@ US9 s atid str@@c (.!Al-es : Al I o@ t ii e n a I us-s 1,1(1 nermitl.-,,l i@i the B_2 Cofrrl@@@14 y n e s s Par c i c, 2 p@t)@, 2 C or,-,, -s s s a t ",.-C 4 'I I r-cr,,atic)n,-il :a( ili licli a ius@ f,.en arca@IE)s (3 riobi le ho@i-, sa] e,@ (4 Outdoor adver,4i sing str@ict@@,,,,s , bi 1 1 lioard 3 , si gr,.@oards and Postcr par,.el,;- 11 3 9112. Pinim@im Lot Area, !-ot '@q-idth, Yard Sp,,cirg and t@,.ximun Densil'y Regula'@ions Within a B-3 Central Business District, the follo@,iing shall cons'k.itu'le the lo'L and yard requiremen"s: (a) The irinimuin :ot area shall be 5,0,JO square feet; provided that for any zoni,,ig lot involving us-.s for d@,velling and lodging units, th-, minimuni lot area shall be 15,000 square feet. The mini[@i@aiii lot area for churches sha'.] be thr-.e (3) acres. (b) The mininliln Ict ljqidth shall "ie fifty k'50) fo--@; provid(-'d that for any zoriirg lot involvinq d@@ie@ fi.-Ig an@l lcdging unills, the mini,-,um lot ,qidth shall be seven-,,, (,'O) l@eet. (c) Wi"hin a 6-3 Business Distr,@.ct tl!,e minimurl ya,,,,d requiremen@-s lpp-iicab@,e to @.h,- B-2 Co,@irrunitv Busiriess Distr-.ct sfial'I ap,?iy. (d) tlaximum density regulations: (1@/ Except as hereinaf'uer Qrovided, the densitv for perro.i@'@@ed princ;o@il accessorv aid .ond,'.'-,ional uses and st,-LictLire.-, ,i-,jated oi a zoni-,ig lo-, sha-i] -iio@6 exceed arei ra@io ol-- 2.5. (2) Floor area add@',-Iiorial to un@',er the foragoirig 2.5 flo@)r rat;o b- under the fo l 101,.14 n@3 bj' ',,)tal ai-ea I @ @-I I L ,I- L shal'i not b2 ii,i excess of a a,.,ea ri@-io of 3.0: (i) ten (10') sa,uare T-,2et oi flo;)- @@-el ray be add--d io?, eat"i-I squar,e c)f pi-@@@l ic npp-.n space gro,i@id -ievel; and (ii) five (5) square fe-.t of floor area may be added for eac@i square foot o" area, with the .;v- (5'-'oot setback alodg st,-eet frontage il- clijded as arcade area @qherf-' provided. (3) Hotels 7,id@ sha"I I-loc ara;3 r a o r, 924. Sign Regula-Lions In the B-3 Central Business D,@Istrict signs shill be permitted as follo@vs: (a) For each I-orty (40) feet of frontage adjacent to a street and for each eighty (80) feel oi' lot lin-- adjo-l@ning a stre,.t but not constituting frontage, not more than one (1) sign and not more than sixty (60) square fee-L of su-'@ace aria provided however, that no establishment may havl- more than five (5) signs and that no sign shall ex,eed lllqo (2) faces neit@,er of @@ihich shall exceed 125 square feet o-f surface drea. Any establishment or property '@aving less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty squa-@-e feet. (b) 'Ahere tht,,re is an established reqional corin,.e-cial cn-nter con-aini g fifteen (15) or nio-e establishTe@lls and -hirty (30) acres of land, one (1) center identification s ci for each principal entrance or frontage not exceeding ',,c k'2) faces neither of which shall exceed three hundred sq,jare feet of surface area. '@uch identilication s -.,'l shall specify only the naftie of i,-he center. (c) Signs advertising property for sale, lease or rent, Provided that no @Lich sign shall e)(ceed thirty-tvio (32) squere feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line @t the street right-of-way, and that not inore than four (4) such signs shall be erected on any property. Any p-operty having less frontage or lot lire adjoinirg a stree" ray have one (1) sign not exceeding -Lhirty-t,@io (32) feet of surface area. 925. Off-Street Parking Requirements Within a B-3 Cen@@ral Business Distr-ict, the following specified uses shall cotply viith th-, off-streell- parking requ4remen"s designated therefore: (a) Hot,@ls and motels: at least one (1) space per tvio (2) units; (b) Wholesaling from sample stock: at least one 111) pl-r '@',4o @i,,A,,.dred (200) square,. fe.,t o" floo@, ar,@a 115 D. B-4 Resort Commercial Oistrict 930. Legislative intent The purpose of the B-4 Resort Commercial Di5trict is to provide for retail and corrimercial service facilitie,-, to srve t@i2 need-, of visitors to resorl@ areas and residents living iii or adjacent to such areas. The district is not in--@nded for general a.Dplica- tion in the City but will be limited to thOS2 areas where a hig@i density of tourist facilities is d-2s]red. 931. Use Regulations Within a B-4 Resort Commercial District, th@ folloy)inci us@s a@lQ@ structures shall be parmi@@ted: (a) Principal uses and structures: (1) All of the principal Lises and strtjcll:jres permit',.d -in the B-2 Community Business District except the @ollow4ing: (i) Drive-in eating and drinking @stablis@,ments; (ii) Marinas, including facili'uies for storage and r-.- pair of boats and sale of boiting s,,,pplies and f@iel; (iii) Newspaper prin@@ing and publi@;liing; job ard co,T.mercial printing; (iv) W,@ol--saling and distribution operitions. (2) Bicycle rental establishments; (3) Hotels and motels, provided that tlie s@litle shall comply with the maximum density requirements .i the 11-1 Hotel District; (4) Off-site parking facilities, prov ded the provisions of Section 71/' are met; (5) Multiple family dwellings, orovidc,.d the density recii-@lre- ments of the A-4 Apartment Distri(@t -@re TE'-t. (b) Accessor@, u@es an@, s-Li-uc@6ires: ai,ci are customarily accessory and cledrly 4ncidental and sub- ordinate to the principal uses and str@.,ctures. (1) Al I o f 1-i@e coiulitionil uses i@id 1- @@f-uc flures i c'ed F) the B-2 ty Busines-,; Dis L,-i(:t, su@ief--t to cornpl. 4'ance with t@i-- provisioqs of Pay,t C o@* li@,ticl-- 2 pro,,,id-ld, however, that the following us,-@s !ot be allo,.@,ed as a el conditional use or ot@ier1/2,iise: I Bulk storage yards and bijilding contractors' yards; Mobile home sales; t siqn- Outdoor advertising strl@c ures, billb,,ards, boards, and poster pinels. (2) Viarinas, i,,icluding facilities @or storage and repair of boats ard sale of boa-Ll'ng supplies ard @tiel. 932. Minimuf,. Lot Area, Lot '?Jidth, Yard Spacing and Niaxlrrum Density Regulations Within a B-4 R-@sort Commercial Distri-It, the. fol-lri-.,Iing sh3ll constitute the lot, yard, and open space requirelpen'Ls: (a) The minir,,um lot area shall be 5,000 square feet; orciiided for any zoning lot involving uses for d@qelling an@ '@,,'gi'ng units, the ininimum lot area shall be 14,000 sauare ' and provided further that the minirnum lo@ area for chur- L shall be three (3) acres. (b) T@ie rrinimum lot width s@iall be fifty (50) fee-,; prc@4ded, for any zoning lot involving uses for d-,velling and -i,dging un-Its, tht, minimuin lot width shall be seventy (70) @eet. (c) The niinimum yard requirements shall be as providp-d herein: (1) 1,Jhere a B-4 Resort Co@.-mercial District adjoins a residential or apartment distric+ without an irter- vening street, alley, or pP-rmanE!nt op,ln space ver twenty-five (25) feet in width , and where lots separ- ated by the district boundar,y have adjacent front yards, the first zoning lot @ii-Lhin the B-4 l@eso,t Commercial District or one hundred (100) fee@, o@ such lot (whichever is less) shall provide a front vard of the minimum depth required in the adjoining dis- trict. Su@-h yard shall be landscaped, P-xcept i@or @iecessary access dr4ves and vialkways, atid sha@il. not be used for p@.rking. (2) the sid- or rea- yards of a zoninc lo@ a B-4 Resort Commercial Dis'rict adjoins or -hp s@,-- r-ea- yards of a zoning lot i.n a residen@Li;al or @:;art- distric@u viithoul- an inte-vening stre@t, or iipnl ,,I ( @ 7) ) - s o l@ den@ial or aparti,.en" di7tricil-. The yard a -,,2 a 'l i n fivc@ (5) @@eet of tha propert,@, liip siiall be lan,,,-@caped, i,iith a scroaning hedge, and shall not be used park ing. tqalk-,,iays necessai,y for access sl@iiill b.@ perr,.itted. 1,17 (3) Except as 1)rovided in Iteiis (1) and (2) @,ereinabov--, the m@niipuai yard requirer,,en-Ls of any yard adjacent to a str@let viithin a B-4 Resort Coinmercial District shall be ten (10) feet; provided, not less than t@.ienty-five (25) percent of the foregoing setback area shall he planted landscaping and provided fur-Lhe-, no yard l,rea shall he used for parking. (d) The maxiffiurn density for all permitted uses and structures excep-u hotels, notels and multiple family dwellings shall no-L exceed a floor area ratio of 1.75 times t@.e zoning lot area. The r,.axii@um density for ho'Gels ard riotels shill be the same as for the H-1 Hotel District. The ;aximum den S4Ity for multiple faltlily d-,qellings shall be the sam-. as for the A-4 Apartrr@ent District. 933. Sign R--gulations Sign regulations shall be as for B-1 Business-Residential Distri@' except that o@@her us-.s permit@,ed shall have the same sigii allot-. ment as the district in which they are first p,.rmitted as a principal use. 0 934. Height Regulations Within the B-4 Resort Commercial District, rio portion of any building or other structure shall exceed a height of s-.veity-five (75) feet. 9 935. Off.-Street Parking Requirerlients I.,Iitiiin a B-4 Resort Corrmercial District, the saitie off-street pa-king requirements @@ihich are applicable to uses permitted witiiin the B-2 Co,,nmunity Business District shall apply to any of such uses which are also permitted in the B-4 Resort Comr,,,ercial Dis'-Irict and in addition, the following specified uses shall co,,nply with the off-street parking requirements designated tiiprefore: (a) Hotels and motels: at leas@ll ore (1) spac@@ p-.r unit; (b) @l@iltiple fa,,iily dtiellings: at least oc,@ and one-half spaces per jnit; @'iowever, if in tlie overall r,eql@irciml-,----, '-,,Jii snal 1 @)2 'Lo Ob ti 'I b d -,,j i P,i@Tl@l-,L@ 10, INDIJSIR-ii',L DISTRTCTS A. 1-1 Light Tndustrial District 1000. Legislative. Int@-0.1' The purpose oF the 1-1'Light Industy,ill -Ulstric' is to --2rmit indjs-,t,-@,al i-ises, @@iholesaling, star.( y to orer, tribution, and retailing res@Iricted pri,,@aril ' .,,'4:.ons requiring bulk deiiveries, deliveries by truck, ol- vcin 4i loca- tions served by major transportatior, nett@iorks an@ in ar@-as eir@ployment cen-L-er@, close to residen,@ial co@ic2ntca'@ion,@ @,,ill r,'!U,-e traffic or,,g@stion, and add to pub"ic co.,ivenience @-,y T)I,,ces of@,iork closer to places ot, resi@eice- Th4S clis-rict 4,,; inL2,-i@,ed to riinimize potential adverse ii,@lu@-,,.ces o,'l p,-olo@r',,, 4n @,hP- IaiT',e or neighboring districts and, t@,er2,@ore, p2rformanca s@-,nd-ards ar@ applfed it lo@- lir,2s, and laniscap*t,-i-3 ar@cf t-orth. are seL IGG1. Use Regula@lion& Vithin an I-1 Light' Ind,,istria'. D@strict, th2 foll')-eii.,ig Lises an,! s-trucl,tires s@id1l ba p--rmitted- a,) Principal usas and str@i,-tures: (1) Martul@act,,tring, processi,-iq, ex-Lrac@ling, pa@,,@,,aging or fabricat-@Ing e&tabl4shT@ents; provided t,@a'@ tna I-ollowing u@--s sh-,ill be (i) Exo-io@i,iesi manufact.'ring, storaga a,-ici (ji Petrolaum processi@,]-,; iii) Sto-age- or proces&i.-ig of salvage, scrad or junk; (2) @nolp-saling, wareho@,ising, sto@-ag,2 or d4str-i@ution es-la'o- I is hreri ts ; (3) @irloorts, hetiports aid (4) A,,,itcwot,@lve r-ntal a@ii slipply @-toraqe is drirK--,.tlg (7) El,-t'-Iaf'-)] ishpents i@ihich iy,erchand4ls,,@ in or van; @s l@r@@2n freiiht riovers, servic@%s aiid canteen li@ (9) Heavy eqtiipment sales and servic---, (10) Motion picture stldios; (11) Printing, ]iL-hogt,aphing or p@iblishing establish- merits; (12) Public buildings ar,,@ grounds; (13) Public utilities installations and su@stations ir,-- cluding offices; provided storaul, or P,,aintenance facilities shall not be permitted; and provided, further, that utilities substations, other tha.-i in- dividual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fen-l@2 with a screening hedge five (5) to six (6) feet in height; and provided also, ti@ansformer vaults for underground utilities and th,- like shall require only a landscaped screening hedge, solid except for access opening; (.14) Repair establishmen-Ls; provid--d that ro oLtsid2 storage is included (exclud4lng mobile ooerative equipm-ent); (15) Vocati,onal, -Lechnical, industrial and trade schools; Accessory uses and s@@ructures. Uses and s-Gructures which are cus'uomarily accessory aid clearly in--idental and su@ordin,:ite to principal uses and structures, but not limited to, iricluding dvip-Ili,ng or lodqing units fo.- occu.pancy by owners, guar(Is or caretakers; provided that such diiell4@@g or lodginq- units shall lie Tocated abovp or behind principal ,ises in such a way +,hat th--y do not i,nterrup'@ com.Trercial or industrial frontage; (-c) Conditional uses and structures. Uses and structures h@-rein- aft-or specified; subject to complianc(@ w4l-Lh the provisio.,s of Part C of Article 2 hereof: (1) Hotels and motels; provided the following conditions are mp-t: (i,) Frontage shall be or,. a ipain- or second,?,ry s@@re@i-- cr @j ay app 1 (Iv) Accessory uses shall be Iiin@ted to eatitig and drinking e-@ta@lishr,,ents, gift shops ind travel a@,encies; 120 (v) Parking reqtiiv,ei@ieri's of at least one (1 ) space p2r t@qo (2) lodging units shall be provided in o,ddition to the requirements for an accessory USC, " (vi) Fron @' yards sha I I liaje a mi nimu,-n depth of t,.-jen t,y- t@ive (25) fo--t and, e-@cp-pt for n-cessal-v driv--- @,iays, shall t)e riiai.itained in aiO, shall no@, bp- used -or parkirg; (vii) Signs shall conforn to the sign requ4re,lents ap- plicable wiG@in [,'-l Hotel Distril-t rec@!lations, (2) AuL@aRiobile service s-@a'lions, proiided tha, @@@,ere is an adjoining residential or ipartmen@u @,istr-ict eiitho;lll in inter,ianing street, all-Y or permanen@, ope@ spice over twenty-five C25) fee-L in,@iidth and where separa'@ed by the district boundary have adjacent fro-it yards, a six (6) foot solid fence shall separate t@,e au@L.01-@,Obile servfce station use from thle adlj,,icerit residpn@ia" @listrict ad no ground sign shall be illithin fif,,y (501@ f2et of tha resi- denti-al or apar'@Merit di3trict; (,3) Extractivp- industries, including the retrinval of sa@id and S.0i@i ; (4) home sales; (5) Outdoor advertisipg strtictures, billboards. signboirds and pas-,ar panels shall ha allowad an unimprove.,4 proper"/ pro- v@ded th2 r--gulation- 07 Sect-on B, Artici@ 2 and Sect@ori 1904 h@raof are rpat aid further provided tliat no ou,, ,@oor advertising sign shall exceed five hundred @'500) square fe.at ok@ surface area; (6) Public utility transformer stat4ons and major transmission lin,es and towers (50,000 volts or more). TGO2. MinijTiull Lct Arp-a, LQt Width, Yard Spacing a,'Id f@ax4-um Oe,,Isity Reglilations @Li.thiri an L-1 Lig@h@- Industrial Dis rict. tbe follo,,i s. a con- @lti t'ute t;le ya-d and jpen sda(,e recui rell-,en-@s T@a F,!iniTLIM !Ot grea shall b@, 7,500 sn,uzir2 (bi -i-he -lo+, wid-@h -,h@iii (50) 1-2e@@ (I ) !,.@Iii@re izoning lot lo,--a'ed in an T-1 Light lndtistrl,-, I D -- .strict adjoins a resiC-,ent4lal , apartnlent or @.Otel tr-'Ict @,iithout an intervening street, alley o- perm,;tnen'@ open spa-,e over t@@enty-five (2-0) feet in wid",i, and 121, w@.ere lots Se.Darated by the dist,-ict houndary have adiacent front yares, the fir.-@'@ lo'L within th-2 1-1 Light Ind-,istri@,', District, oi, oti- hundred (100) fee@, of such lot (@,ihiclever is ]es!,) -1,@all @)ro,,/id2 a front@ yard of the Finimum dedth iri lh'2 adio"ning district. Such ydrd, 'exc,,P@L @or iec-.s@@ary access drives and .qal,@.iays, shall b,@ Fiai-t@iined iii laidsc-aping and shall not be used for pal-k4n- (21 '@i'hare the side or rear yard ol@ a Foning lot loca@ed @;n an 1-1 Licfht Industrial D4str4ct ac@joins a res@-lpn.*i;' apar'Lment-or ho@,el distric'u ar int@rvening s@r2et, all2y or perr,,ianen@, c;pen si)a,,:@ ov2r t@,i@n-@Y-five (25) I-p-et in viidth, such s-@ld2 oi- re@r be of the same minimum @ip.,,ensiD,-s as re uired @.)r th- ad.io@n-@nq val,d in the resid--ntial, a@@artment o,- h,,)t--[ district. Solid walls a,t least six (6) i@eet iri height shall be erecte@, f@lorig all side and rear p-(-op2rty lines so adjoininc. Such shall not projec'. bp-yond t@ie rear line of an ad,lacen@u fl-Ol@, yard in the residantial, a'Dartmerit@ oi,- hotel, district. (3) The miriimum yard se--Lback for any yard adjacen-L to a stre--t shall, be t-,,,@anty-five (25') feet. SU(,h yard s@ia-il be landscapp-c,', except for drives a(id walk@,iays tiece-@,sary for access, and no@@ Le uset for pa.-king. (d) The, maxif,-,um floor ar2a contained in al@i buildiiigs and struc- tLires situated on a zoning lot sh,ill not exceed a floor area ratio of two and one-half (2.5); pro@,icied that to such amount Q- maxir@uri floor area rp.,-iy b? id,.Ie(i zin ,.,jd4 ' ,.@,oncil fo@ir sqiiare feet of f'ioor area for earh @l-i@iare foot of ptib]4(: epen space provi-ded @t ctround level over and abo,ie the yorr-I rp-qui're- m,a.n'Us, applicable. Non-- except as listed below: (a) Nlo portio.,i of a building or other strt@cture located on a zoning lot vihich is adjacent to a st@-eet wit@iin the 1-1 Liaht T-ndtistrial District silall exceed aheight -2,qual @o t@,iice the distance from such to te ve-tic@,,@ proj,2c-tio@-i of @uha ce,-,terline oF- su(-h str,2,21. 71, 14, L d-,, or h n te I 4 @@olit dn ii,-r.- -For t,@a acljaininq dis@@rict or @-I Apa@,-@-r@,,en'l- Districts or lieight linii'Latio,,is as required for@ the adjoinina auartment (o.(-h,ar than A-1 Aoartrient Distric@@s ) 0 , L d-st I @ hd@-el 1 ricts, shall b(, applicable at 'he buile@able area boundary li,,i--s I L on th- of the zonirig lot to resid@ntial , ap,,-rt,T.E,,nt or liotel district. 122 1004. Silan Regulations (a) For each forl-Y (40) fee'L of: I,Irinc4,,)al fro@itage to a str-et and for e@,Ch eig@l@ (30 @y 'i fe@@ of lot adjoining a streell b@i+ no, frori-,age no,, mare thin ti.@/o (2) such @,nd not ino,e tliai (80) sq!lure feet c)f sign tha' io estdblis@.m ent may Pic)rg '@-han s-@', 'i-', j@' and tficit no sign s,@all exc,---c@ t,@o whic,'i shall exceed @L!,io @,u@,iljrpd face area. Any establish,-,@2n@ )Y' fron'L.age or ],),, line adio@!ii,,i a s@ree@ t@ia-i r'-@;, above jray h, 12 1 rot, .,,ve on ( ) square fLe'@ oF sur,fac., dre-i. (b) Wher2 th--re is ,,, n c s " a b I i s,'! 2,1@ i -i@tis al 1),a - three (3) or trore es'@a5li-@iii-,ents a@,ii nii -,F- @2n (10) acres o- land area, on@- (1) for each pr4ncipal entra@ice or ft,ontag,2 r@@ It exc2e.'l--o7 (2) faces neith,-r o@ which silill exceed t;ii-,2 square @e2t oF s,r,f c I a e area, a :@,4@r tab-lishad indusi-rial pa@@l, 7! con@@ainin@l t@ri ,r -,@, establis,"!,',Ients and a Finifii@!Tl )f '-U@'i'rty ()f area , o ne p a r@ i de n x,,., (2) @ace@ nai ti,,-r of iih i --h S; a7 2 squacp- f--e'- Such tffe-n,@,mp air, iJer@ss ti t tl,2 r- k e n a!r@ --.4; 3 vi.dual teriprits occupyin,,, s,,:c;,, (c) Beaco,,i 14(,,h@-s or sear-c@. ti@ing pu-,-pos.@-3 for CSI) Si,gns advartising pro,-,a-t/ -r,- s;@l.@, t@at s@t@h si,,jri s"la@' -e@t ill area-, thit no'u [,-,ore (@2-) such a be r,@- for ea@h ore h,@ndre s d , I 0 @) @, ': P- @ @ ') F " 0 'IL of-+iay, and tha-, no+., ror2 thi,@ @,@ir ( -, s'l@ll be er--Cted on any propa-@@'/, -)ronert,i 'rav@rg lot lirie adj')iring a streE--,- -,,,y haf2 one @i@,n r,, - @XCE-, d. ) L thirt,v-t@@ro (32@ souare @e@ ')7 S,-; @,f ac@ arn,-, (e) To facilitata occupanc,,@ i@i n-3@i inclus+.,;Ial a noy'a,!, b,2 2a,-c, wh i s i n be or leas(@,@, or, r On uriimproved propE?,ty, for each -Lvio hundred (200) feet @ frontage not more than one (1) outloor advertising of sign and not more 'than five hundred (500) square feet of surl-ace area. Of,@-Sti,eet Parking Reqt@iremen@'s t,lithin an 1-1 Light Industrial D-istrict, the sdme off-street Darle4ng requirements which are applicable to uses permitted within th'p -P,'2: Co,@i,unity Business District shall apply to any of such uses @qhi@k are also permitted in the I-1 Light Industrial District and, 4'n @J- di@Gion, the following spacific uses shall conply with the o,@f-s'Lreet Darking requirements designated therel@ore: (a) Office buildings: a'@- least one (1) St)dl-e per four hundre@d (400) square feet of floor area; (b) Service or repair establishments, rqotion picture studios, ut@Ifty installations, manufacturing, industrial, processing, packaging, fabricating, research or testing labs, @iar-houses and @,iholesale establisfirients, printing, publishing, pljmb@*,,ig and heatfng establishments and broadcasting studios: a+ least one (1) space per one (1) emp'loyee on maximuni working shil't; (c) Vocational, technical, industrial ,nd trade schools: at least six (6) spaces per classroom. 1006. Performance Standards for Noise and Vibraticn All Lises in the 1-1 Liqht Industrial District shall ni2et the p-r- fot,mance standards for noise and vibration as set forth in Sections 240, 241 and 242 of Ar-Licle ?. as ai)plied at zonin@g lot bo@indarie@-. B. 1-2 Heavy Industrial Distric@L 1010. Legislati@le Intent The purpose of the I-2 Heavy Industrial District is to perrgit in- dustrial operations, viholesaling, warehousing and distribil-lion in 2r,,as sui@uable for these functions. In order to dllo@,i maxi.-,,,,In latitude for cp?rations, performance s'and,3rds ar,@ ao,,Iied a' _4S trict boundaries rather than the boundaries of indiv.i,@ual lo"s, so -@ha@, uses which rnight other@iise not be perm-* Lted are allo-.I,. le .l "'y I f- @,a -j i I u st rictur,,s shall be per-,ni'Lted: (a) Pt,incipal uses and structures: All of the principal uses and structures permi@Lted in the 1-1 Liciht Itidustrial Dis-urict and iii additio@i: 124 (1) Au@,o@-,,otivg re,nair garag@,s; (2) B,,ilk storage yards and @)tjilding contractors' va-ds; provided that no sal@, or processing of scra,), Isalvage, or second-liand material shall be per@,lit-ed in s@ir-h yE,,rds; ar,,d, I-)rovided, u stora-@ vards s@iall b2 COT;Ipletely enclosed except f,,r opani@iqs for ingress an(I Lg '-ess by a or wall no'@ less t'nan six (6) fee@@ in h--ight; (3) Faciliti--s for construction. -Painte@i@.ce ail@" r-pair of vessels; (4) irs'Gallations; (Ei) Piers, t@iharves and docks; (6) Radio or television transiiission and rela,@i s"ations; (7) Ship supply establis@mel-@s and facilill-ies; for freight or pass,2ngers arr-@Iv-@,n@, or dep-,rt- ing by ship; (9) @lholesale and retail establisiiments deal-in@j primarily in bulk materials dp-livered, by ship, or @y shir.) and railroad or @'hip and triic@ in cofTThination. (b)_ A.-@cp-sso@y uses and structures. L@ses and strl Ictures @ihich are customarily accessory and citil-iy inciden"al ard subordinate to principal uses and sLrucLiires, including all o@ t@,e acces- sory usas and structures p2rmillted in the 1-1 '-c n ustrial District. (r-) Conditional uses and structur@s. Uses and struclures herein- a@'ter soeci-fi,P-d; subject @Lo c,@),-noliance viith the Drovisions C)@ Parl- C of Article 2 hereof: (,I) Au@@omo@Live service s@Lati@)ns; (2) Explosives manullac-Gurinq, storage and, d 4 irc!us-L-ri-@s, i.ici,-Iding (,he r-=;,,,ovai 3-- sard vol-@-@ or (G) Sf-o-aqp or processiriju of sa-,Ivage, scrap or jun@. 125 CA I 01 2. Lot Area, Lot t@lidth, Yard Spacing and illaximum Density llec,Ljla@@ions 1-ii-Lh4n an I-2 Heavy in,,Iustrial District, th- following shal.1 con- stitute the lot, yard and density recluir@,,eots: (a) The miniiiium lot area shall be 10,000 square feet. '@b) The minimun lot width shall be seventy (70) fee'(. (,c,) The minimum yard requirements shall onlv be as p-ovided @ierein: I (1) Ilhere a zoning lot located in an 1-2 P@eavy Indusl@rial Dis@@rict adjoins a residp-ntial, apartiien-@ or hotel district @qithout an intervening street, alley, or pem. anent 0'peri space over twenty-@ive (25) feet in wi,dth, and @ihere lots separated h@i the district boundary have adjacent front yards, the first lot within @hp- 1-2 Heavy Tndu@trial District, or one hundred (100) feet of such loL- (@,ihichever is less) shall provide a front yard of the miniltium depth re- qyired in the adjoining distric'. Such yards shdll be landscaped, except for necessa@y access drives and italk@llays, and shall not be us2d for parking. ?-l Whp-re f-h,2 side or rear yard of a zonin@j lot located i-n an L-2 Heavy Industrial District ad,i"oins a resi- dp-n-Lial, apartmen" or hotel d@strict wi-L.hout an inter- 0 veninq street, altey or permanent ooen sdace over (25) feet in width, su-lk side or rear y-ard setback shall be not I-.ss than fifteen (15) fp-at- Solid @,talls six (6) fe--@L in height shall be e-rected alon@q all side and rear proper@y lines so 0 ad4oitii'rLg. Such walls shall not r)roject beyond the rear line ol@ art adjacent front yird in the residential, apartment or hotel dis@4rict. (d@/ @,ti-thin the L@ Heavy Industrial Dis-Lric", the rqaximu.,n floor area reguli,-tions applicable -Lo @Gh-- @-I Light Industrial Dis- trict sh-,II appl,,!. 9 1011. i c -i -_fht Regultions 3 y @r,i d! 4 @l , j n e to th,,. T -1 Pl ivy Inclust-@al Dis@ric-, --,2 -sign reg@ilatio.,is ap- @4,,..i,i an 1-2 H--, @ I L u plic@ible to th2 1-1 Ligfit Tridus@Lrial Dis-uric!' sfiall apply and in e,cid i " i aril outdoo@- a(I'vertising signs -,hall not be or4lented toward v,,,iterfront, 126 1015. Off-Street Parking R(@ulations Within an 1-2 Heavy Industrial D4.strict, the off-street parking requit-er@ents of the 1-1 Light industrial District shall apply and, in addition, within an I-2 Heavy Industrial District. one (1) off-street parkinu space for every t@vo (2) employees or one (1) space D2r 1,000 square feet of' floor area, V,"rlichever i'.3 greater, shall be provided for the following uses: (a) Automo@ive repair garages dn(f autor,,otive service s@.,,tions; (b) Bulk storage yards and building contractors' yards; pro- v4ded that no sale or processing of scrap, salvege, or second-hand material shall b,@ pemitted in such yards; and, provid--d fur@Gher that such storage yards sha'! be comple@L-ely e.,iclosed excep(- for necessary openings for ingr--ss and egress by a fence or wall not I--ss th@-,- six 6) feet in fie4ght-, (c) Facilities -or construction, niaintenance and repa@',- .3f vp-ssels; (d) @4ilitary installations; (e) Ship supply establishroents and facilities; (f) Terminals for freight or passengers arriving or dedar(@ing by ship. 1010-. Perforrrance Standards for Noise and Vibration All uses in the I-2 Healiy Indus@urial District shall the per- formance standards for noise and vibration as set forth in Sections 240, 241 and 242 of Article 2 as ,-pplied at district bc@i-idary lines. 12 7 A,P,T I CL E II . PLANNED D'@VELOP,@Ai-@6@T DISTRICTS A. General P. OV4ISions 11@90. Legislative Intent Tfie.inten" rf this Article is 'G-o c@t,courigp a i-,ore e@fi,,-ienl@ Lise of land and of public se,-vices by allo,,qing ,inder certain cir- cL.,mstances a i@or,, flexibip, iTeLins of 'tand development t@an is otherw@.@se p2r2iissil,'Ie under lot-by-lot restr4@,-t@-Ins. in view of -Lhe subs@an-uial Dub!4,c ad,ian"ages o@ planned d@velopment, it is the intL,,i@ oi' this P@r-@ic-@e -,.:) pr(,,mo@e and encoura7e d=velop- ment in this form where approp-ia@le in location and char,lcter. 1101. Application The provisions of this Ar@licle 5@;all apply orily to a con@L@quous tract of la@id iihich is ur,.der t@,e co,i@@rol of a singie owrer, partnership or corpora@Gion and 7or .qhich an applica'14,on @,-r a planned project is made as hereinaf-er provided. 1102. Types of Plarined Developrr@ent Proli,,cil-s Planned development p-oiecl@s shall consist o,' the follo,,v ng dis- tricts: (a) Planned Dev,-Iop-@nent @;ousing Oistric@- @'PD-H) (b) Planned D-v-lopmp,.'L- Shopginq C@2nter District (PLI-SC) 1103. Procedure (a) Iriitiat@ori (1) A,@iy developer who desires to initiate a planr!cd devel- opmen-L- L,-oje@-b shall subnit to tiie Plarning Lirector an application for the a,oproval of such pro,i-c@ desig- nating the type of dis@@r@ct proqosed to be created. T.he a,op!4cation shali be accompanied by a preiiminary plan sho@@ng the location and dii7ersions of -@he ar2a. the creneral siz-@s and -io@,ations of ex@@-ting -,@d t)ro- ,)O@ec! th@ aild @ro@osed L;@@s o@ )@)r2n ancl i,,iforrra- n @!@i n7 to '!aid @.11-@2s )n@ -f-'ner ri!2t- P- i@i cl@i @J,7! s 0 a n a ia r @)t; arts Fi !;,,f o t,,@ (2) The application shall be accom'panied by a fee of one hundred (100) dollars to cov--r the costs of publicatio,i of notice of public hearing. In ad- dition, an applica@lio,'l for a Planned Developr,,ent shall b2 accoripanied by a special t-ee in the amount of three (3) dollars pp-r acre or major friction thei-eof such development to defray administrative costs, provided that such sppcial fee shall not exceed $'[,000. (5) Action of the Planning Director Upon receipt of the application, the Plinning Direcl@or shail refer it to perl@inent city agenci2s for revie@,i as to co.-.Io!4- ance vtith pertinent city standards and reg-,Ilations. a peri,od not to exceed ninety (90) days, the Planning Direc@Lor sliall t-ansmit the reports frcm the city agencies to the Planni'ng Commission together with his reco,,-inendations for (1) approval of the proposal in the form submitted, or (2) apcr . c@ial idtli modifications or (3) disapproval o@ the pi,oposal. TI@@-- recommer,dation of -Ilb.L Planning Director shall include fin,@4,,,,s of fact and shall set forl@h the reasons for the recommenda7-on speci-k@r.g @,tit@ particulari@,y iT,, @ihat respects the plan wc,.-,@d 4 q@ tiould no-@ b-- in the public inte,-est, including bu@, not Ii ,milted to fitidi,,.gs of 1-act and concl@isions on the fo'llow-@-g: (7) The exten'u to vthich the plan departs fro@m zoniiig and subdivisfan regulations other-vilse applicable to the subject proper@y, including bLt not limited to density, bulk a, I use, and Lhe reason,; @ihy such departures ar cr are not to he in tiie p-,Ib@lic in@.--rest. T',je ?iature and extent of the cornon o-,)en soace in @,e planned d--velcoment project, i,-he relilbility of the proposals.for r!iaintenance and conservation of the co-m- c,ion oppn space, and the adequacy or inadequacy of the arnount and ftinction of the open s'pal-e in terms of the densitiea and d@ielling typ-.s proposed in the plan. (31 Thp- manne- in @,thi-lh said plan doe?s or does not make ade-qtjate prov4lsion for public services, provide ade- quate corl@rol over vLhicula,,- @lraffic, and furtner @@,e Of i; 1- 4, I.- 1- @ @- qht ind iir, and vis!.@ll c)r 4dvi,.rse. oC 'lh,,2 130 (5) In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and main+@ain the in@,egrity of the plan, which findinq shall be made only al@@l--r consultation with the City Attorney. (6) Con-ormity viith all appli,lable provisions o@ t 4S I I h, Ar,ticle and "-ith the provisions of the "CoPprp-@en- sive @@anual of Development Poli-lies and @--Landards". (7) In the case of Planned Developrrent - Housing D-Istricts, adequacy of provisions for perp@-lual maintenance of the open areas, by the inclusion of covena,-its runr.-I@,, with the land in th-. deeds or c-Lher ins-uru,,i.2n'@s or .onveyance, delir.eating such open areas; and (i) Obligating purchasers 'o participate in a hc,,neowner's association and to support maintenanc,l of 'he ooen areas by paying to thL association, assessrents suf- f-icient i-or such ma4rtenance. 4- (ii) Obligating such associat4on 'Lo ma4ntain open areas; (iii') Empowering purchasers in th-- subdiv-ision @l enforce the convenants in the event of failure of -ompliance on @'he part of th-. homeowner's associa@lior; ane, (iv) Advising the purchasers that in the elent ci such a failure of coriipliance and a subs-.quent fai'lure of the PL(rchasers in the subdivision to enforce 'he convenants, tho- Ci,y may invoke Sections 17-?5 'Ihrot@c:'@ 17-31 of the City Code in arde- -Lo insure adequa@lp- -aintenanc-- of "he open areas, and the purchasers s@ia7T pay any costs ther-.of; and that sa;Tie shall @E a I @-n upon 'u.@2 purchaser's properties, and ',h2 @iar@ges @l.---eof rr;ay be billed and collected by the CI@LY in t@@ manner pro- vided under Section l@@-31 of t,@,e City and (v) Providing fur@Gher that the subdivider shall be responsibl-- for th-. formation of @'he ho,-neowner'-, association of which the subdivider or if +he @ubdivider is n-,@@ the o@4ner of the subdivided tract, then such o@qner shi-,t be a nerl,@ber until all oi the lots of record a@e sold. Other e,];_ii'vli- lent p,-ovisions tc assure adtquat2 al r,,ainteralicl_l be per'llitted if dpprovec,' by @,@3 riiain er;,,irce o@ @'i e op@,,i,@ as hereinabove, and iden@if,@l@ig t ii @,@ @-,-.ict 2,nd -=ac@l -10 therein. The deciira@uiofi bz? include@t in i--,Ile -,,.,ed 131 or other instrL,7@fits of conveyance and shall be evi- denced by 'Lhe recordation in the Office of the Clerk of the Circuit Court, of a declaration providing for adequate perpetual maintenance of the open areas, as prescribed hereinabove, and identifying the tract and each lot therein. The declaration shall be included in the deed or other ins'urum,,nt of coiiveyance of each lot of record and shall be rade birding on all pur" chasers; provided that such declarallion may, as to sub- sequent conveyanc2s other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyatice. (c) Action by Planning Commission. Within thirty (30) day3 after receiving the director's report, the Plann4ng @lol- mission shall hold a public hearing on the application, notice of which shall be pliblished as prescribed by state law prior to such hearing. After such hedring, the Coo-i- mission shall submit its r-.commendations to the Planning Director for transmittal along with the Planning Director's report which is subject to modification resulting fralti the public hearing to the City Council. The Co,@,roission may recommend approval in whol-. or in Dart, with or @qith- out modification, or recommend disapproval. (d) Action by City Council. The City Council shall either gran- the application, with or without modification, or deny such application. If the application is granted, the area of lard involved shall be redesignated as a planned development dis- trict by Or,dinarice and such Ordinance shall incorpora-le the plan, including any condition or restriction -U.1a@, way be im- posed by Council. (e) Effect of Approval. (1) The plan as approved -logether with the conditions and restrictions imposed, shall constitute -he zoning for the district, provided that general zoning regulations which were applicable to the land involved prior to the approval of th-2 plan and which are not inconsistent @4i-@h the plan shall con@inu-. -Lo bE? applicabl,,@. (2) No buildina r)@rmit bp. @l for ani/ cer-Lifie!, tf,,at it conLii-,,,is to -fie ,)rt)vis@on, or "jiO4. C@iarges in App-oved Final Plaii,l Chaziges in approv@@d final plans may be permi'@-@ed by the Plarining Director upon application by the applicart of- successor in in- terest, but only upon a fincling that such ch,ing,2s are in accord 132 e ,.qith all regulations in effect at '@h--, time the change is re- quested, and the general intent and Pur@)ose of the comprehen- sive plan in ef@@ect at the time of the proposed change. Changes other than as indicated above shall b-. rnad,? only by new planned development or other amendrnents, pro,iided -u@lat in case of a ne,,q planned development amendmen@,, any s,)--cial planried devel()pmE!nt fees shall apply only to the area i7,fied@ately involved in @he proposed amendment. And further pro,,,4,ded that -Llie iriniml,,m land area requirepients set forth hereinai'-,er shall not apply to the contiguous area imrrediately in,io'!v,2d 4n the proposed ar,.,er.(irrent. 1105. Relation to Utili'uies, Public Facili@4es Ind Services (a) Planned clevelopment districts shall be so Ic-lated in relation to sanitary s@,viers, water I s@or!, and Li@-ainage systems, and other utili@ies systems and installations that neither extension nor enlargement of such systems wi i-,, be re- qui.-ed in manner, form, cha-acter, location, scale, or timing resulting in hiah@r @@t public cos@ or ear-@ier in- cursion of public cost th@,i @@ioild deielo-,,qent i,-i fo--z gen- erally pe,mitted under existinc zoning for t@l'@ ar2a. Such districts shall be so lo,@ated respec', -@o necec.s--ry public facilities (as for example: schools, pat,ks, and p'L@- grounds in the case of PD-H Distric'@s) as to have acclss to such fa- cilities in 'he same degree .s @@iould d2velop.T,.2nt pe.@itted under existing zoning, and shall be so loca'@e@, des-i-,,ied, and scaled that access foi, public s@rvic-s is eq,,iivalen-@ to, and net cost for such services i,; tot grea@p-r -G'rian, access and net costs for public services @cr deielopment as perrittec, under existing zoning. (b) However, if applicants will @'l, provide laid, facil-@li,2s, utilities or services anpro,ied by app-opriate publ-!,- ag--nci es or (2) riake provisions a,,,c,,pta@le to th@2 @@t,y @or -,:@ise-uting any added net public co-@t ol- el@rlv co ri@m-nt of furds made necessary by siich -io,-a@@io-fi of t@,-, Dlannp-d development district inay be loproved. (c) In co,-nputing added net public costs, difference ii an'@icipated public installa@uion, op2ra'@io.,i .rd cos@s @nd dil@- fe--nces in an@uicipated piblic r--ver,,,Ie shall @e co@s4dered. Determina'@ions as way be eQu4r2d in estiblis inq a"i-d ne' public cos@s shall b-2 @ad@ hy -@e Ci@,i and e,.,penses involv,@d i-@ 14-,nt 7,' or nsive @!anual )F if actions required in +he @keri Ii t,@ ti V. I'@, limits set by C @ ty C o u r, c i I , -L 1 a i @i @i gDi re-@,or s,'-ial 1 rev e@,i circumstances and recor,,q@end to Ci-y C,@iincil tqat: 1 3')@ (a) Planned developfnent zoning for the entire area be con- tinued with revised time limits; (b) The entire area be rezoned from Planned Development to an appropriate category. Suc@ recomendation shall include proposals for appropriate action in respect to any legal instruments involved in the cas". Planned Development - Housing Distric'-. (PD-.H') 1110. Planned Developmen-u - Housing DistrictS, Cr2ation Planned Development - Housing Districts may be establ,*,shed only in existing agricultural, residential, or apartment districts, subject '@o the general requ4rements a-d according to the pro- cedure specified herein. 1111. Use Regulations (a) Within a Planned Developmen" - Housing Distric'@, all of the principal uses and structures permitted within an A-'i Apart- ment District other than hospitals and sanitariums, '@oget@,-=- with the following enumerated uses and structures shall be permitted: (1) Frat,-rnity and sorority houses, s@Gudent dormitories 0 and studen'@ cen'-ers; (Z) Homes for the aged, disabled or handicapp-d, including conval--scent or nursing homes and Taternity homes; (,3) Marinas; 0 (4) Private c]-abs or social centers, provided that clubs where conduct of commercial affairs is a principal activity shall not be permitted. Otiier uses may b-. permitted if specifically approved as par@ 4) of tlip- i)lan, p,-ovided that '@h-- areas ald structures occupie,@, s@.all b-- @o loca-@ed and designed as @lo oro"a@.t the charac@l--, of -@ha ind @lh-- c,iarac-12- cf t@@-- @-u't,rciindirg and siiill ro@@ 4D @ornbina@lion oc@-u o,- 1-2 Lhat conveyi 2st,,)14siitn-,n@@s and -.2nters (1) conve,,i (i ) Su&, PFL@ablishTents azid 'Lheir parking areas shall not occupy more than tvio and one-half (2.5) percen" a of t@ie iand area of devei)pnent. 1 3@l (ii) Such establishments shall be liftlited to trade and service facilities such as stores, eating and drinking establishments (except drive-in), coiti operated laundry and dry cleaning estab- lishfnents and laundry and dry cleaning ag-.ncies, beauty si,@o.Ds and barb--r shops. However, service stations and repair garages shall not be per- miL@ted as convenien@,e eslablishments. (iii) Such establishments shall be so located, designed and operatcd as to serve pri[rarilv the na.-ds of persons within the i"istrjct and not persc@'is re- siding else@vhere. (iv) Off-sl--eet pa@,king and loading requireplents Shall be determined by the Planning Director as appro- priate to the particular case based upon zhe types ol- convenience establishments permi-uted and the anticipated proportion of walk-in -Llrad-@, @'!'Jltiple use of off-s@reet parking and service areas and ac- cessways for convenience establishments -ev be per- ro.itted , if such mu] ti ple use vii l 1 not le@- -- to congestion or the creation of hazards to Dedestrian or vehicular traffic. (v) tlo building pe-mit lor any convenience cs-ablishment shall be issued ior may any building be used for a convenience establi,lhment before building permits l@or at least one hundre(I (100) dwelling units within a radius of 1,009 'cei- o@ tha proposed estaolishment have b--en issued. (2) Shopping Centers (i) Such centers shall be included as an integral part of the Planned Development - Housing Plan. (ii) Such centers shall have direct acclss to no less than a secondary street and shall be located and designed viithout creating congestion or I-affic ha7-ards on any street. (i i @lesign c)t,- pa r!Kin g ai,[ se r,@ice d'?aS e", i @s . yarcfs , cou and i a,.ids Ca,,-) i -.1 )re - v e@ p m c-, r] I-lou s i fi 01.n] .r, g i,,)p!)i rig c n r afii s@@r,,iic@ ar@Et-@ cessways may serve o@@he- non-reside,@I'Lial in tiia vicinity, if such r,,Iltiple use viill -iead to congestion or the crea@Lion of hazards to pedes- trian or vehicula.- @.,(,affic. 135 (v) rlo building permit for any shopping center shall be issued prior to construction of at loast 250 dwelling units in the Planned Development - Housing Dist.-ict. 1112. Land Area Requirements In Planned Development - Housing Districts (PD-11), the mintitium land area required shall be one hundred (100) acres and the maximum densit,y per gross acre shall not exc--ed four and one- fou-th (4.25) units per acre, 41 1113. Housing Requirements In order to create a diversified, interesting and attrac'ive complement to the city and provide visual satisfaction to the general public as well as to offer varying living o'oportunities to future residents, the following housing restrictions shall apply: (a) Dvellings, one family detached. A variety of lot sizes and dwelling types is desirable. One family detached dwellings shall occupy approximately forty-five (45) percent of the newly established Planned Development Housing District (PD-H). (b) Remaining property devoted to housing shall be divided among three (3) of the following housing types: (1) Two family detached; Z) One family se-,ni-detached; (31 Two family semi-detached; (@4) One family attached; (5) Two family attached: (-6 )@'lultiple faniily. 1114. Si'Le Planning 7@-@ plinning shall provi@e amonq othe- thi-gs for: C-.-Ouping of st-iicturr-s artd uses; (c) Protection of views by preserving trees, natural i@iat@r- ways and other natural features shall be a considerition for rite plan approval; 136 (d) Creation of buffer zones where the Planned Development - Housing District adjoins a one family residential district withou-, an intervening collector or arterial s@lreet or per- manent open space at least on@ hund@@ed (100) feet; (e) Screenitig of ol@f-street parking areas, and service 2reas for loadiig and unloading vehicles anrj areas l@,)r s@uorage and col'iect;on of trash and garbage; (f) Provide l@or L;nderground ut-ilit-les; (g) Pedestrian ways should be given special coisidL'ra'lion away from vehicular ways and shall provide easy a@--cess @,D schools, open space and commercial nodes; (h) The district shall be provided with prooer s-'reet lighting to assure general public safety. 1115. Location of Planned Developfnent - housing Dis@r 4 t . I @ c A Planned Development - Housing District shall be loca@,@ in an area vihere pu,:)14c and private facilities and services a:-- avail- able or are to become available by the titie the develop--=nt reaches the stage w@,er-- they vlill be req,iired. 1116. Off-Street Parking and Loading @equirements (a) The off-street parking spaces required under applicable district regulations shall be the minimum requireirert applicable to the Planned Deve'loprrent - Housing Di@@rict, provided that additional park'tng shall be ftirnishel- @lhere recreational facilities in the developmenl- ---quir? such additional parking. Loading areas shall also be p-ovided where a need "Iere- forp- ---ists. 1117. Signs P-ians shall itidicate the location, size, orientat;on anc! c,)aracte,- ol@ any sigri wit@in the district intended to b-- seen frc-. 1)ublic ways outsid-- the district. In gat,,eral , ro@, more t@lan. @,c k(2) sign surfaces, --ac.q ,Tith surface aroa i,,r)@ exc@ee@i,.ic nic @ -- i t- t-, squar@ feet, shall be i)ecmitted at any pr-inc-@,pal entranc@ -o d i s t rc- -,frer - 1120. Planned Davelopfren-L Shopping Cent,],- I)itricts, Crea-lic,,n (a) Plai,,ned Development - Sliopping -@enter Distr-Icts may es- tatili,s,'ied in zoqing districts, f)tria-,- than pr(-'servai--io,,I, ag@-i- 1 '@' 7 - -- - - ------ cultural and industrial, where planned shoppirig centers will serve areas not already conveniently and adequately provided with cott,.mercial and service facilities of the kind propdsed. (b) Establishment of such districts shall be in accordance with the general procedures and requireitient,@ of this Article. Each such district shall be identil@ied as to type (_neighbo-liocd, cotrmunity, or regional) and shall be regulated accordingly. 1121. Use Regulations (a) Neighborhood shopping centers. The principal and accessorv uses pemitted in connection with the neighborhood shopping cp-nters shall be the same as for B-1 Bus-.ness - Residential Di,stricts ard shall also include automobile service stati--ns provided that: (1) Not more t@.,an ten (10) percen-L of the frontage of or area iiithiri the PD-C neighborhood center shall be dp-voted to automobile service station use, and such 0 use shall bp so located as to minimize interference with desirable continliity of pedestrian and vehicular traffic, and between service station activities and reside,it@ill areas (if any) at the edges of the distric-+-.. Minimu,,i site area for any s-Lation shall be 20,000 square fect, street frontage 150 feet. 0 Maxim,,Im. floor area of any station shall not exceed tan (10) pe,-cent of the allowable land area including se-rvice bays. (3) Architectural charac-uer of any station shall be appro- 0 pri.ate to the character of the center, and site plannirg shall be integrated viith the general site plan. Lii',Ii@a- tions on signs, exterior yards, Ptc., shall apply to such sta@@ions. Parki,,ig shall b-- so integrated ,qith pa-k- ing for the center as a whole as to provide for con- venient single stop shopping and servicing, but storar,,e 0 lanes t@or cars @iai-Ling for servicing shall not b,. so loca+--d as to inierfere @,@tith traf@ic viit@iin the center. (4) Outside disolays of iiercl,,,andis@ shall r,.o@ be p-2-ri-@@tteH n Elk as LY also includ2 automo@ile service'staiti@)ns provided that the rp-gulations adplicabla to autoiob-@lle service s"ations in Section 112-1 (,t (2), (3) and (4) hereinabove are niet. 0 138 (c) Regional Shopping Centers. The principal and accessory uses perm.itted in connection with regional shopping centers shall be the sapie as for B-3 Central Business Districts. and shall also include automotive service stations; provided, however, that the floor area shall be limited to fifteen (15) percent of the area of the district, and that the other requirements ap licable to auto,,nobile service stations in Section 1121 (a) (T@, (2), (3) and (4) hereinahov2 shall be rre@.. 1122. Area Requirements Minimum area for a neighborhood shopping center sI@all be i-wo (2) acres; for a cornmunity shopping cenle-r, llifteen (I ,iS) acres-, a,,id for a regional shopping center, thir@y (30) acres. 1123. Lo-L Coverage by Buildings Total lot coverage by all buildings for a neighborhood sh,@pping center shall no-L, excee(i forty (40) rlercent of the area o-- the district, nor sixty (60) percent fo- a cc),@rrunity or regi.--al shopping center. 1124- Floor Area Limitation Total floor area shall not exceed the equivalent of (50) percent of the area of the district for neighborhood shc-ning cen@,ers; seventy-five (7-@) percent for community shoppin, cen- ters; and one hundred (100) for regional shopping centers'. Total floor area compu-Lation for determining compliance @4@th these requirements shall include all floor areas in per 4 -ted principal and acc-.sso-ry uses, vrhe@Lher involviig coi-merc-,@- or service uses or d@-felling units; provided, however. t:.iat @,oor area for off-street parking or loading in strtictures s@,,a--l not be included. 1125. Relation to Major Transportation Facili'-Lies (a) Neighborhood shopping centers shall have direct access to collector streets. (b) Community shopping cen*.ers shall have direct access to minor or major arterials. (c) Reg4onal shopping centers shall have di--Icll- @cc,?s@ -o iriajor arter-l,al@. p@"O' is to Planned Dev.-lopc:ent Shopping Ccn@@er Fiistricts. !T'. adl-i@ui(@ n, yards iii@@h a i,,Iid'@h of fiFt,,, '@50) fee@@ shall b@ 139 along all property lines at the boundaries of the district, except wher6 it ad.ioins a Business or Industrial District. Landscaping and use o,-- such yards shall be as follows: (a) Along major ar@uerials, minor arteridis, or collector streets, except in areas described ir. (b) hereinbelow, the nearest ten (10) feet to the right-of-way sfiaTI be r,,aintained in landscaping, unless turn-Dut or riierging lanes are provided, in which case the neares'L 'Len (10) feet to the turnout or r,,erging lane shall be landscaped. The remainder of such yard may be used for surface or subsurface off-street Darking. (b) Where front or side yards in residentia't districts ad.4o,@Iri the Planned Development - Shopping Center District etithout an intervening street, the nearest tt@enty-five (25) .@ee*l within the Planned Development - Shopping Center District shall be maintained in landscaping and no vehicular access or parking shall be permitted in sul-h landscaped area. (c) Where lots in residential districts front on local or col- lector streets a+ the boundary ol@ a Planned Development - Shopping Center Distr4ct, the nea-est twenty-five (25) fe--t to th-- right-of-way within the Planned Oevelopment - Shoppir@ Center District shall be maintained in landscaping and no o4:-- stt-eet parking shall be permitted in such area. Vehicular a,--- cess through such landscaped strip shall be permitted only @ ,3r convenience of residents of adjoining t,Psid-@ntial area$, or -,-or access to dwelling units within tlie Planned Development - Shop- ping Center District and not for use by the general public. (d) All other yards within the Planned Development - Shopp4ng Cen- ter District, except those abuttinq a Business or Industrial District, shall be ma 4Intained in landscaping to the extent of a ten (10) foot depth along the property lines which shall nct be used for parking. (e) In general, landscaoing as required herein shall be of a nature vihich conceals parking areas, service dreas and other undesil-- able views of the district, but shall not create hazards to automotive trafi'ic or idedestrians at intersections @@iith4.n or adjoining the district (f) Shopping center l@.yoit shall bc,. d,,signerl to assur-- DUL 14C S ty b ,y u@ilizing fVOd2rn crime prevenlion [I]P@hods. Pa, -k i@llg a@l I.asable area @or all sho,)ping cerite(,s. In addi-@ioii, one (1) 110 off-street parking space shall he provid-.d for each dwelling or lodging unit. 'Gross leasable area' shall mean total floor area designed for tenant occupancy and use, including basements, expressed on square "eet mea- sured from the cen@er line of joint partitions and from the outside @iall faces, bu@@ shatl exclude parking areas in structures as are reserved for tenant occupancy and use. A !Tiinimum of t@,io (2) pe,-,-ent of the arp-a devoted to ofi@-street parking shall be i,.iaintained in iandscaping in such parking areas. (b) Off-street loading space shall be provided with area, lo- cation, and design appropriate to the needs of the shopping canter and specific uses within it, and no space d@signat2d for off-street parking shall be used as off-street loading spaca. 1128. S-ign Reg(ila'@ions Pla.ns s@all indicate the location, size, orientat4oi and c.@aracter of any sign @,tit4in the district intended to be seen froi -@blic wa@ outsi,de the district. Sign allotment in the Plann@-@- Develop- ment - Shopping Cent--r District shall he as follo,,vs: (ji) Whp-re thp-re is ati established npighborhood coruierc,@l cen- Ler contatninq five (5) or mo-e establishmen+,-s and -. mini- mum of tlvo acres, orie (1) center identil-Ilcatiot! sign For Eiacli principal entrance not exceeding tvio (2) "aces nei,Lher of iihic@ sfiall exce--d orre huridred (100) squai-e fee@- of sur- facp- a@-a. Where there is an established co.Tmunitv com- marcial c@,iter co@i-a--nfnc bl--shmen@s -nj I @ j ter,. 'Io) esta I fifteen (lo-). a@s of land, orie (1) cen@Ler identification czil,n for each prircipal eitrance not exceeding tt,,-o (2) -1-ace@- neither of vthich s,4all exceed @lwo hundred (200) square @@ee-- of sur- face area. tihere there is an established regionai commercial center containing fifteen (15) or more establish,,r,-n@'s and thirt.y (30) acres of land, one (1) center identif@--ation s.igrL for each principal entrance or frontage not ex-eeding two (2) faces rieither of which shall exceed @hree @,,indred r@00') square feet of surface a-ea. Such identifica'.ion sign shall specify only the narr@p- of the center. (-'D Signs ad,iertising p-oper@'y fr.)r s;-tle, '!ease or rE,(,@, -,rovidp.(' no such sign shal-i c-c.@-ed and t@lat t'nal fo,-,r -is sq@t,,;tr, @e@t of ar 141 (c) Beacon lights or search lights may be permitted for advertising purposes for special events. (d) To facilitate occupancy in the new neighborhood, com- mercial or regional shopping center, a teinporary sign may be erected @'o facilitate occu-@ancy. In a ne4ghbor- hood coavercial center containing a minimum of t,,qo (2) acres, one (1) sign iray be erected not to exceed two (2) faces, neither of which shali exceed one hundred (100) squar- feet of surface area. In a community com- mercial center containing fifteen (15) acres of land, one (1) sign may be erected not to exceed two (2) faces riei@Lher of which shall exceed t,@io hundred (200) square feet of surface area. Tn a regional coTMercial center containing thirty (30) acres of land, one k'l) sign may be erected not to exceed two k'2) faces, neit,@r of which shall exceed three hundred (300) square f--et of surface area. Sign must be rerroved when seventy (70'] percent of the property is occupied, or leased, or af',--r a period of tw--nty-four (24) months, @,jhichever conies fi.rs,t. 142 ARTICLE 12. FLOOD PLAIN P.@IGULATIOTIS 1200. Legislative Inilent The purpose o" this section is to establish and identify '-@hose areas to be known as the Flood Plain and which would be subjecl@ to sp,cial regulations. The purpose of establishing such areas would be to protect life and property 'Lo reduce Dublic costs for flood control and rescue and relie f efforts. and to sippo,@, and conform to the National @ood Insurance Program. 1701. Establishing the Flood Plain Areas Flood plain and floodway areas shall be establisl-led in con@ormance t-iith the definitions of Flood Plain and Floodway. Any land included within a FTood Plain shall be subject to the use regulat4cns and the special requirements relating to floodways and 11-lood fri,ces as set for@lh fn this Article. 1202. Use Regulations (a) In the floodway areas of the Flood Pla4n, the foll--,qing uses and struct6res may b,. permitted, subject to th-- re-,-@irements of this Article: (1) Public and private outdoor recreational facil-i@ies; (2) Agricultural tises, including farming, graziylg --nd the raising cl@ poultry or livestock-, provided, t poultry or livestock shalt not be hoijsed wit@, r,' Tlve Ktindred (500) feet of any resideiitial, apart@--ait or ho-'@el district. (3) 0,@en uses, such as off-street parking or loadi!lg and unloading areas related to uses in adjoinirg @-@Istricts; (4) Co,,rmercial mining, soil removal and sand p@@@ts, subject to reculations applicable to ex(-ractive indijs+,4,es as set forth. in the conditional use provisio.,is-. in, prcvpments , sf,,@, as dams , -ie,iees Inrel aid iiti-lities -,,-b- includi@.c! f,@fpor,,@ry tnr@-@ p .2 r.@l, c a c i cn o f iai ra n e i y i sa 13 z, r an" su o,-, (!@i@ll tO citil@@nq iii connectioi @@jith acTricul@',jrol us@,2s: @-,ladsi@e 143 ,z stands for the sale of agriculturdl products pro- duced on the premises; provided that (i) only one (1) such stand shall b@@ permitted per lot, (ii) no such stand shall exceed five hundred (500) square f2et in floor area, and (iii) no such stand on tha stree'@ @rontage shall b-- erected within twenty (20) @eet of the property line. (b) In the flood fringe areas of the Flood Plain, land si:A_jl be subject to the use regulation of the appropria-Le zoning district as well as the special regulations relating @@o flood fringe as set forth in this Article. 1203. Special Requirements Applicable to the Flood Plain (a) Regulation of floodways. Any provision to the con*lrarv not- withstanding, no use or structure shall be pernitted 4n any 9 floodway, if such use or structure will advers-ly affect G-- mal flood flow, or will increase flooding of lands above or below the properly, or will increase erosion @vit@iin o- a.Jj@) r.- ing the floodway, or will cause diversion of flood @,iaters "r. any manner more likely to create danage than does flo,@i in a normal course, or will increase peak flows or velocities i,'l a manner likely to lead to added proper-uy damage or [,,izards to lil'e, or will increase anounts of damaqinq tnateridls (inol",@-.,Ig those likely to be iniurious to heal'@h@ w@ich might be carr4--@@ downstream in floods. (b) Regulation of flood fringes. Every s-Lructure permitted in t@e flood fringe shall be so located, elevated, and constr,,,cted as to resist floatation and to offer minimum obstrliction to flood flow. The finished first floor elevation of every dwelling s'nall be a minimum of one (1) foot above the elevation of th@ flood plain. No use shall be permitted if such use tqill increase -he amounts of potent;Ia'Ily damaging inaterials (incl@ldinq those '@-@kely to be injurioijs t" @ealth) which mic.,@t be car,i-.d @n floods. @-i:- @,s ,nd 11 ja. R-[',OV,' I 0 y o,,jne- agrees to construct artificial barric@rs in their place such a@ sea,.-ialls, bulkheads, jetti-.s, or groins, providing ar, eql.,al or greal-r protection fro@-,i wa,/e and @,iater actioii. 144 ARTICLE 13. HISTORIC AND CULTURAL DISTRICT 1300. Legislative Intent The purpose of this Article is to provide the vebicle by @4hich certain areas, struct-u-ps and objec'kls within the City @@ha@@ have his+loric and cultural significance i-Iay be pr-eserved ard protecL'-.d. 130-1. Establishment of Histor4c and Cultural Districts (a) Action by the Planning Director. Th-. Pianning Director shall prepare pro,Dosed Ordinances for the establish-ent of His+or4c and Cultural Districts. r-a-,h proposed Ordinance s'lall be ac- co,npanied by a written repc)rt ,@ihich s@,211 i-,-,Iude: (1) An analysis of existiig structures by a oeriod of construction, historic significance. a@,chi--ect@iral style, condit4on, pres-an@ use. assess-2d valua@4@-n, location on lt. I,,ai-,i,,n of yards and otber --Dan spdces, access to interior of the off-s-,-eel@ parkirig provided and other pertinen'u@,@at@lers. -n addition to a gereral analysis, two specific z@d detailed classifications shall be establisher-,, (i) A classification of individual strL.,Ctures and premises deemed desirable for pres@-rvati@@l, vifth iraps, phol-ographs and ol@her data ir.J-icating vthy such structures and premises should be pre- @-rved. (ii) A classif-*Icat4on of e--isting structures, premises and uses likely to have an adter-@e et'fec7- on t@ desired charal-ter ol@ the district- @lith r-aos, photogra 'ohs, and other data indicatin<.,- @17.- reason for such classit-ication. (Z) An analysis of lands rot ac,lupied by struC-GLi,res. O,,qn e r - ship, use and location ol@ such lands s@.a-il be indicated and recommendations nade as +.-o possible actic-s which should he taken and ercouraqe,-4. P@@conpe-da@lions con--2rnina d-.tai ted to p ri p -,i a n -1 @,7T @@u,es off-@trpE,-kl p-,cking anci loadiiig rerient,-@ cc)@itrol of s@;gns ar(-l exl,rior charact@@(@ of b u 4 n,',@ larids-.aping and @ieneral ,ppaarance of prer-Ii@ses arld unoc- ct,,,@)ied lands; and con-'rol oF addit'or@s to or- of ex@,3tiiiq b;jildings. (4) Such report may also include kno,@iii plans for public or private ac-Llion in or adjoining the dis-Lrict atid likely to affect its charact2r. (b) Action by the Planning Commission. The Planning Cor,,mission shall review such proposed nrdinances and t@,,e accoit','Daiiy4.ng reports. The Coi..mission shall transni" such Ordirances and reports together @@iith i@us recort,.mendations through the Planning Director to the City Council for i@@s consideration and action. The Corrinission shall recommend approval in whole or i@l part, viith or without modifications, oy- shall recominend r-l@--ction thereof. (c) Action by City Council. The City Council shall crea@e a Historic and C,-,Illural District by f'.rdinance, if -*It finds that the district is in fact of historic or cuillural sig- nificance. 1302. Applicability of Regulations In al'dition to the regulations s,2t forth in the Ordinance creatir,- 'he Itistorical and Cultural District, the underlying regulations the zoning district @qithin which the Historic and Cultrual ar@a is situa@ued shall con+@inua to rema-@tn applicable; provided -@@at if any conflict occurs, the more restrictiv@ provisions shall l'o@,-;y. I,i addition th--reto, any proposed deielopment withiii a His'@ori'c -r C@,iltural District shall be subject to all the provisions of this Ar'licle, includfng @the requirements of certificates of appropria@@l.- rIess. 1303. Ce-tificates of Appropr@ateness (a) Requirements of Certificates of Appropriateness. E-c@,pt as provided in sub-se-tion (f), herein, no buildi-,ig perr,4t S'- 1- be issued for the construction, altera'4on or repa-ir oF arv structure wi@@hin a Historic or Cultural Dis@Irict and no per,-it shall bp- isslied for the relocation or demolition of anv structure @tfiiri a Historic or Cultural Disri,t, unless and until tha w,t I I Pla,nnitig Director has issued a Certifi,late of Appropriateness th.erefore. (b) '@at--rials to be submitt--d -or rev4@t. The Plannina -ay p W4 require subriission or any or all of th. follo @r,7,: ;.,-c-@ si -Dos@(! (i,, t@,, -i i)cati @,,isL, @De- @ipci CD, i ons ;!,i i @i i@ c, i 1,3 s 1 r! Lj @qrindows , o@-@t,,m-entation and color,.;, plo j_qraphs or perst)ectiv,2 dra,@,tirigs irdic,7tt4ng vist.,el rela-u4o@,@ship to adj4o4ning struc@lures and spaces and such o-Lher P,@,hibi-l-s and reports Is arE.' reasona',, !y n--ces'sary fn ma,@ing h@'s d te-.@ination as to appropri@ite-nE,.S.;. Ili6 (c) Grounds for issuance and d,@,iiai of CerLificate ol@ @.ppropri- ateness. The Plannir.,, P@lrec"or issl, Certi@icate of Appro.Driatene5s only if h-e firds that tfl, pronosal is, in fac-1, aopropriate to l,h@ character, appearance and efl@icie?it i-unc'uioniiig oc tne --istric'@ a@i@ nee"s the reqlj@@rerrents and obi-@ect4l,,,es esteblish,,d by (-ity Cotincil 'in craa@4ng ti@P (2) Denial. Tiie Planni@@ici Director shall no'L a Cer- tifica-@.e of Appropria-. reri@5s alithorizing of any permit, i- fie finds "@at t@ie 2ctior,. pr,,!D',)sed would a@,ier,@ely a@@flict the prit:iary char,p-c@ll,,r t:h.3 distric" o.- 'Lfie s2tt4lng ol@ struc@,@ir,,s of public Th,,- Plantiing Directo- sha"I s@@ate his reasc),ns fl-@ denial in @4r4 L@ing. 1ADDeals d?cisic)ns o- @ha PIL,,,,iing Di@,ecLor -F in such cases shall be -uo the Z.nir,,g , Appeals. (d) Consul-@atior.. tlo Cer@lilirate of ,@ppropriat,-,n@ss s@iall be issued by tiie Planning Direc@@i)- iintil the H4st(,rical Revie@4 Board has baen consulted. (e) Demolition. In the case of d2,,,iolit4on, if preierva@io,-l is found to be physically or economica ly unfr2as-@!b-ie, th.@ PTanning Director shall issue th-, c-r"ifica',.e @'(,f-thwith. Tf preservation is found 't-o b@? physically and ecoronically fp-asible, the Planning Direct-or and the Iiistorical Review Board sb3ll @-akg or promote t@,- -Gaking of wha-@@,ver 'Dublic or priva@U-- action seens likeli to lead to slich preservatiori, either on the si@--- on which t@i,- structure is loca@p-d or on a-nothe.r si@@e to @qhich it appropriately Cf Automatic Issuanc--. If after six (O-) rnonths the da-Le of rec2ipt of the application k'unless the o@,iner o@ the prop- erty ag-e,-s to an extension o@ the P-tanni,-,g Direc@,o@- has not taken final action upon -,he application, '@h2 b!iilding permit, relocation permit, or demolit i,)n pp-rrit s@,all b-, iss,@ed on d--mand @iitbo(it the Certi,,-,@li:ate of 1304. Genp-ral C@-r-,ificate oT@ Apprcpriato@i--ss for Specified @-tpssas of Cases EL- the Piani-l@ng Direc@@or fines, the ;Iisl'orfc,@i -@i,,a-d @c n r a i, n @r 1-:-,r i@ q@nerally anprnp(,Iate iiithi',l t'@ d -,@@ct t, it S;@ C, e s - @,i@icate c)f -!)ecificatio,,is pronos@.-@ Plann-;rtg Direc-@or and approved 1).-/ PIFn,,iing 147 ARTICLE 14. WETLANDS ZONII@'(, OiZJllti!A@ICE 1400. Intent The governing body of the City of %irginia Beach, @ctir,@ pirsiianl- to Chapter 2.1 of TitlL 62.1 of Code OF pirpo-@es A@CIS se a Of fulfilli'lig the P@)iicY sta',I@, "i, t f r 'h i,-l !]C'l C, t.. this Ord4nance i,egula'u-ing the us2 ,i)d deveio-,m2..i@L of i a;il s 1401. Del'initions For the purposes of this O,di@la@,.Ce: (a) "Commission" rleans the t,@,r;ne rn7m sioil, I @ I , is (b) "Cornmissioner" means the Cc,@-,@i,.ii@@sioner of @,lar4,-= P@,sources. (c) "Person" mearls any corporatior,@, associa@ion or r.,,a-'ne,ship, one (1) or more individuals, 0- any utlit, of govE!r,-tnt or agency thereof. (d) "Governrrent service" means any o, a'] o- ti@e serv@@es pro- vided by th-- Ci@y of Virginia 9e@lh't. i-Is cit4z,,@.@s for t,'Ie purpose of maintaining this Ci,y and shall -@nc',@de bi,,t shall, not b,. limited to such services a3 construc@ion, reoairing and maintaining roads, s@-,Nage Facilities, and tre,@tir,g ,qra-Ler, street 14.ghts d,'Id ccnstructior, (,f Dublic buildings. (e) "Wetlands" mei-@is all that la,-id I'ying b@t@,!eE-,n and -ontiguo-is to mean low 1/2,ja-@er and an ele,/a',ioi above mc,.an -1cw @,iater equdl to the factor 1.5 times the i@--i,,n tide ranl,,e zit "';te site of the proposed project in the City of Virginia B--ach and upon which is gro@,iing on the effec-live date of +@.is act or gro@,is thereon subsequent thereto, anv one (1) ori-o,e c@ i-he folio@i- ing: Saltmarsh cord rass (Spay,@uina alternif',ori), saltmeado,,j hay (Spa,-tina patens@, saltgrass (I)istichlis spic,,@a), blacl- needlerush (Pl@,ncus roemeria,,,iAs), saltwort (S 14 cr @a spp.) a @c n, sea lavender (Limonium s,,)p. i,,ar@h 2 I @@er (!vi,. f rL:'Iec;C,2rs) groundsel bush (Baccharis ha!4@,ifo@i, ,IX rly-+-I, (@-ly r i sp.), saa oxey2 (Barrichii rL, t@scens,@, arro.-i -Pe I tardra vi r(li @ii ic,, p i c k@2relw2ed i a c-rL',, @'a C rc!gra - '7 r SOIA ?h@rn @qild@,4!@:p (Zizi:li,),)S:ls -iii c -1 I Ci), a; c; yellow pond lily (Nup'@ar, spp.), marsh fleabane (PI,-Irh2a urpurascens), royal @el-n (Osmunda r,-@.rsii hibiscus @Hibiscus rr!oscheu4-los;, @@,-_ggars ticks sp.), sr,,art- v;eeds (Polygonui sp.), ar,o@i-head spp.), s,@ieet flag (Acorus calamus), ai-,d s@,iitch gl-,@ss (Panicun, virgatu@,i@. (f) The @4etlands of Back Bay and its tribuaries shall @7,ean all marshes subject to regular or occasion&" floDding by tia;@2s, including viind tides, provide@ this s',ial-l Po' incluie @ur- ricanE! or tropical storm tides and !,ipo," w,,ic@h one (1) or more of the l'ollowirg vege-lation s 'oecies at-e gro@qing or grows thereon subsequent to the passage of "nis ainend-len-L: Saltwater cordgrass (Spartina alter-iflora), saltmed,.Io,,q hay (Spartina patens), blacl,< needlerush (Juncus roeiper;an@AS), rr@arsh elder (Iva frut@scens), groundsf@l bush (Baccharis halimifolia), wax myrt-ie (Myrica sp.), arro@q arun (Peltariira virginica), picker,-l @@@eed (Pontede-4a cordata), big cord@ir--ss (Spartina cynosuroides), rice cut-,rass (Leersia oryzior'@es", wildrice (Zizania aquatica), bulrush (Scri.ous validus), @3P,-Ke- rush (Eleocnaris sp.), cattails (Typha spp.), threesquares (Scirpus spp.), dock (R@jmex sp.), srnart-,,ieeds (Polygon@-@n zp.')- yellow pond lily (Nuphar spp.), royal fern (Osriunda reqlis), marsh hibiscus (Hibiscus Moschautos), baggars ticks (Bidians sp.), arrow-head (Sagittaria spp.), and s@,iitch grass (1@ai,,icum virgatum). (g) "Wetlands board" or "board" means a. bo@ird created as prov,,,@ed in 62.1-13.6 of the Code ol' Virgin@ia. (h) "Back Bay and its t-ibi,@ta,.-ies" iieans t@ie following as sho@,4n on the U.S. Geological Survey Quadrang'@e She--ts for Virginia Beach, North Bay, and Knot@'s Island: F,-@ck Bay north of +@ll,- Virginia-North Carolina S+a@Le Line; Causie@, -@r@-ek nor-L-h ol- the Virginia-Nor'h Carolina @ta-e 1-ine; Deal Creek; Devil Creek; Nawney Creek; Redhead Bay, Sand Bay, Shipps Bay, t@or@h Bay, and the waters connecting them; Beggars Bridge Creek; Muddy Creek; Ashville Bridge Creek; @iells Point Creek; Black Gut; and all coves, ponds and natural @idter,ctsiays adjaccnt or connecting with th-, above-nained bo@@lies of water. IR 1402. Uses Tho i@ollowing us-2s of and acti;.;i@ie-, o,, iids @r? if o,-her@qise pqrmit-l@d 1),'/ (,i The construct i on and iieiance o -c,)@ i,.il cd t:@ rc@, n -n she]-Lers ard ot@te, s i@@ i;ar st-,, 1 i,- u structures are so consti-uc'@c!d an @)i I ings as @@o per,@rit "he. reasonably unobs@,uc-@d of @lf;l- tic,,@, @,nd preserie the natural contour of -Lh;@ iT,, d r s 150 (b) Th2 c@,11 tivat i,,)n an d harves,@ir,-I of s@iell @@ish , and worms for bait; (c) Non-com,,Mercial outdoor r,2creat4onal activities, inr-luding hiking, 'ooating, trapping, huit-ing, fishing, s'nel'!,@-ishing, horseback riding, svii4i,@ing, sl,,eell and trap shootina, and shooting pres--rves; provided i-@hat no s'uructure si@a'l be constructed except as permitted in Sub-section (a'@ of -his Section; (d) The cultivation and harvestirg of agricul-UL@ral or horti- culti.iral produc-us; grazing and hayii,.g; (e) Conservation, repletion and researcn activi'lie-I of the Virginia Marine Resources Cof,-,mission, the Vir-gi@iia Insti@@ute of @larine Science, Commission of Game and Irlard @isheries and other related conserva'ion agencies; (f) The cons-Lruction or maintenance of aids to naviqation vihich are authorized by governrentil -a,-]@lhority; (g) Eriergency decrees of any duly appoin'ued health ol@ficer or a governmental subdivisir,,n acting to protect tlie public health; (h) The normal niainLenance, repair or addition to presently existing roads, higliways, railroad beds, or the facilities of any person, firm, corp,)ra@ion, utility, federal, state, county, city or town abutting on or crossing wetlands, pro- vided that no waterway is altered and no additioral wetlands are (,overed; (i) Governiren"al activity on @,)e-l-lands owned or leas-a@, by the Commonwealth of Virginia, or a political subdiv4sion thereof. 1403. Applications (a) Any person who desires to use or develop any well-,and within the City of Virginia Beach other than for those activities specified in Section 1402 above, shall i@irs@@ fi-te an applica- tior, for a permit with the @;ietlands board and s@all send copi-2s "o the Co@,,missian anfi t@e Virg@nia inst-l-@A@le of @@,a,rinp Science. address o@ the applicait; a willh L',h,@ i,-,c,,.tion of 'iia pr,@P03;2(" work ir.@-,iicarin,@j the drla of existing an(i pr,)pos-@d fill onl excavation, especially the. locatioii, iiidth, aii(i leng'@h of ln,y proposed channel a@).@] "lie disposal area, all @.xis'Ling and prop(.,s,-d structures; sewage collectioi @nd trea'umant facilities. utili@@Y ins@ldllations, rc),@d,,@iays, and ot@ler c related appur-Genances or 1-acilit'i('s, in,-]Lld@l,'Ig thos- on adjacent upla,ids, ai,d the type of eqi-@@priiert '@o be U-,ed an," th-- medns of eq,,iipinen- acc(.,.ss to tiie activity site; nanies and addresses ol- ol,,iners or recc)rd of adjacezit 1,@,ne, and known claitnants of v,,ater rights @@i or adj@.acen@@ to tii,@ wetland of vihom the applicant has not@ice; an estil--a@e cf cost; the primary purpose ot@ the project; any secon,-@acy purposes of the project, ircluding fur'Lher proliects; the public benefit to be derived frorn 'Llic@ 13roposed projec', a complete description ol@ -qeasures to b(-' -Laken during ar,@j after the alteration to reduce detrimeital off-si@e the completion date of the propos--d t@lork, project, or structL@re and such additional riaterials and docu,-,,E-,nLaticn as the we'llands board May deem necessary. (c) A non-refundable processi,'Ig fee to cover the cost o" processing the application, set by the applicable governing body wi-Lh due regard for the services to be renOtered, including the ti,@,e, skill, and adininistrator's expense involved, sha-11 accompany eich aoplication. 1404. Public Inspection of Applications All apr)lications, iflaps, a@id docL!.-nents rpla@uing there'L-o shall be open for public @nspec@lion at @-hp of,@ice of (-he recording officer of t@,e CitV of Vi-gii,4a @each. 1405. Pu5lic Hearing Procedure Not later than sixty (60) days afl-er receipt of such application, th-2 vietlands boa-d shall hold. a pliblic hearing on such ar)pli-@ation. The applican+,, the local governing bod,y, the Commissioner, @he ovi,i--r of record ol- anv land acijacent to the we(-lands in question, known claimants of viater r-@gh'-s in or adjacent to the @qetlands in question, the Virginia Institute of Marine Science, the Division of Sta-Ge P@@anning an,! Community Al@fairs, the 1),@'oar-,Men@. of lam-, and Irlaiid F-'Is@ieries, @@Ialler Cpnt-ol, Board, '@he- ol@ riigh@,qavs, and @@encies ex5--ssing i,t?res@ shall b@ @f '-h(, h t@@j mail n,)t I,,ss @h@n i.lie@cl,in,ds boar(! s@,,i@l also -aus,, no@uice c, fs,.ich h-.a,in,,i @@o @,2 oi@ Virginia Beac@i !he C)f sucf,, pub-; 4,1-ation s@iai I oe paic @v the applican-. 152 1406. Action of Board In acting on any a.Dplication for a [)ermit, thL, board sha',] gratit the aopli@ation upon the co,ic,l@'ring vote of +hree (3) mer@,,b,.rs. The chairman of the boa@,d, or in his aDserce actin,i chai,-,,,ari, ricy @ilriiinister oat'@,s afid cor,-.pel -he a@@-,@-2ndance or ,@iitn,.,sses. Any person may a,,)peat, ard be @,eard a@ @'e pliblic he,aring. Each wif.-ness at the h-la-iiig i,-ia,/ su@,iiit Z'. written statement o.@ his testimony. Tilp @io@ird sh:i@; a record of the proceeding, which sha@il @iic@@ude the ap l@ration, any @,iritten stat,.ments of witnesses, a surmary of sta",@-en'Ls of all witnesses, the findings and (I,-,cision of the boa,,-', and the rationale for tlie decision, Th,l boird @iiall r@iak- i-Ls determination @qit@,in thir@@y (30) dal,/-- froT) '@he h,,@r4 j. If the board fails to act @,iithin such rime, the appl@,-,@-@i@n shall be deemed approved. t4ithin for@y-e@gh@, (48) hours of i.s det-.r- mination, the boa,d shall no'4i'@Y 'uh(@ aDOlicant and @ailmis- sioner of such determination and if the boare, has ro@ @-a,4e a determination, it shall notify the tpplicant ,nd @c-,-,Iission that thirty (30) days has passed an(4 that t@,e applic@aL@or, is deen,.ed approv--d. The board shall transmi-L a copy of @he permi-u to the 'Uc-riiissioner. If the application is reviewed or appea]P-d, then board shall transmit the record of its hearing +0 t@,e Upon a final determ@nai--ion by the Cor,-mission, the r-.cord sra"l be returned to the board. The reccrd shall be open -1@or pii,,-)Iic in- spectio,-i at the office of the recording offic@r of the City of Virginid Beach. 1407. Bonding Require,,nents The board may require a reasonable bond in an arrotint ar.,d @,lith surety and conditions satisfactory to it secliring to th2 Common- wealth conipliance @,iith the condition,@ a,,,d limita-,4ons se@- forlI.H in the permit. The board may, after hearing as prov4ded herein, suspend or revok,? a permit if th-, board l@inds tha-@@ the applicant has failed to comply ,iith any of @he conditic)ns or lim-*It--ations set for+h in '@he permit or has exceeded the scop-, of -,;ork as set forth in the application, The board after h--cir4nq @,7ay sijs@,e.nd , P,lr,,ii' -if th- applicalit ",,ils +0 comp@,,v tp-rms and condit ions sa, forth ir. 'h i e aDD c@ t4 !,)n . L i,,att,,@,s raisc-,,J t@,p tesLii-,ioi,.y o@ ai).y per,lor, in suppor'u of o- in rebi,!-L@,-,:Il to the a,,pl,@@,.-ation. 1-53 (2) Inpact of the developm-nt on tlie pablic @iea-ith ancl 1/2velfare as expressed by the policy a@id standa@,ds al Chapter 2.1 of Title 62.1 of tile C,'o-de of Virg-inia and any quid-Ilin-@s @-ihicii i-iay i,lave i)een proniul(@a@led thereund-.-r, by the COT-Mlission. (b) If the board, in applying the sl-,aiidar@s above, "i,7'.ds t@a@. the anticidated public and privale @ere-it c)f +-he prcpciej L T I activity exceeds the an'licipated public and priiat-. @@,@r41- ment and that the proposed activi-,y i;clllld not violat- or tend to violate the purposes and intent of @hap.-,er 2.1 of Title 62.1 of the Code of Virginia and of this Ordin,@@i,@-O., the board shall grant th.-. pe,m;@t, subj,,,,.ct to any reas@ln,;ible condition or modii-ication designed to ririiirize 'lie of the activity on the ability ol- the Ci-Ly of Virgin 4, Beach, to provide governiiie!ntal services and on the of any other person and to carry out the public policy s@-'L, fortli in Ch@ipter 2.1 of Title 62.1 ol@ the Code of Vi,gitll:,- and in this Ordinance. Nothing in this secticn shall !)e construed as affecting the rigiit of any person to seek compensation for any injury in fact incu@-red by h',,n becausa- of the proposed activity. If the boar@l finds t@iat aii'l-ci- pated public and private benefi-L f@,on the pt,oposed activi@,y is exceeded by the anticipated public and private de'Lrii,,-,ent or that the proposed activity would viola,@e or tend "o v-iola-Ge the purposes and intent of Chapter 2.1 of Title 62.1 of t@,e Code o@ Virginia and of this Ordinance, the boa-d shall (@1--@ny the permit application with leave to 'the applicant to re@;,,ib- mit the appiicL,-Ion in mo(lified fo@,-. 1409. Pern,.its The pprmit shall be in writing, signed by the chairman of t@.e board and notarized. T410. Expiration Date and Ex@@ensions No permit shall be granted without an expiration date, and the board, in the exercise of its discretion, shall designate an expiration datl,. for completion of such V)ork specifio-d in th.- ,DE@-Mit from the date the board granted si@ch permit. The '@carcl, h,o@.i@ver, ma,,,, ti@l,,)n proper appli-lation therel-or,@, gr,,rit ll'k'M On motion by Councilman Gardner, secon.(Ied by (,oupcilnian Malbon, and-by recorded vote as follows: Ayes: Councilmen John A. Baum, Rol)ert fi. Callis, Jr., Mayor Robcrt B. Cromwell, Jr., Vice Mayor F. Rei(I F,,;@tin, George R. Ferrell, C@ari,e,@' W. Gardner, Clarence A. Holland, D. Muiray Malbon, J. Ciirti.s Paine, Donald H. Rhodes, and Floyd E. Waterfi,.,Id, Jr. Nays: Noiie Absent: None City Council approved the follo@'-ing -a@ -tfunds iri tlie am@))Int ()F $460.50: -TO. Mr. Dale Bimson City Attorncy Date October 16, 197'3 FRO.11: ttr. V. A. Etlicrid_rc, Treasure,r -=mMCT: Application for Tax Reititttis. zn-liczt4cn= 4cr rcfund of tax-5 totaling 460.50 A certified for payment, as st!t fortii bc- A. @)herjdve Tr tire, Tax Typc T-@@cket ation Datc 14ame Year of 'la@i Nu,-,tber Nc,, paid Base alt.7 @s@- Bisese Albert J & 1972 RE #041.7.7 @3 6 6/101'72 Roberta Obrien Marshall L. E. 1972 RE, #3253-5 9-In 6/10/72 ET ALS Ifredo L. Lasmar as CD ;r5Ol3 3/6/7-3 1-@) 1 3 Davi.s Brothers 1973 PT, IliOI8083 6/11/73 4(@l, ol@ Corp. PoweYl Melvin R &l 19731 @QE 1#05535' l i@6/20"'i Betty c/O T,o3,iias & Nettleton Standing James T 1972 PF #52287 1793 'il27173 ,ve ar-t)licatli;n,- fnr rcfttt),I.@r -!t B ins un motion by councilman Payne, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid l@rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Mi@rray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfi.eld, Jr. Nays: None Absent: None City Council approved the following Ordinance appointing viewers relative to a street closure - portions of Peck Street, Livingston St7,eet and Palace Creen Boulevard in the Lynnhaven Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, ISRAEL STEINGOLD and MAURICE STEINGOLD have given due and proper notice, in accordance with the statutes for such cases made and provided, that they would on this day apply to the Council of the City of Virginia Beach,,Virginia, for the appointment of viewers to view the below described property and report in writing to this Council whethe;:, in the opinion of said viewers, any and if any, what inconvenicr,,-e would result from the discont.,nuing of said portions of streets, and have filed their application witli the said Council. NOW, THFREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That George L. Hanbur@, Charles C. Carrington, @inc, Willi,im, W. Fleinij,g, Jr. are hereby appointed to view the below described property and report in writing to this Council on or before- 1973, whether, in their opinic,n, any, and if any, what incon- venience would result from the discontinuing, closing and vacating that portion of Peck Street, Livingston Street and approximately 120 feet of the eastern half of Palace Green Boulevard, formerly Enunett Street adjacent to the Virginia Beach-Norfolk Toll Road, in Lynnhaven Borough, Virginia Beach, Virginia. PETITION TO VACATE A PORTION OF PECK STREET, LIVINGSTON STREET AND APPROXIMATELY 120 FEET OF THE EASTERN HALF OF PALACE GREEN BOULEVARD, FORMERLY EMMETT STREET ADJACENT TO THE VIRGINIA BEACH NORFOLK TOLL ROAD, LYNNHAVEN BOROURH, VIRGINIA BEACH, VIRGINIA To the Honorable Council of the City of Virginia Beach, Virginia: Your petitioners, Israel Steingold and Maurice Steingold, respectfully represent as follows: 1. That they desire the vacation, closing and discon- tinuance of Peck Street, Livingston Street and apprbxi-matel@y 120 feet of the eastern half of Palace Green Boulevard, formerly Emmett Street adjacent to the Virginia Beach-Norfolk Toll Road, Lynnhaven Borough, Virginia Beach, Virginia. 2. That said property has never been constructed or used as a public street. 3. That nr)tice (-,)f this application was this day posted at the Courthouse of the Circuit Court of the City of Virt7i.n.ia Beach and also was posted in t@wo other public places in the ity of Virginia Beac,.h, Virginia, pursuant to the provisions of Section 15.1.-364 (@f the Code ,)f Virginia 1950, as airendcd. A copy of said notice and an affidavit regarding the posting thereof are attached hereto. WHEREFORE, your petitioners pray that pursuant to ccde sl@@.ti.n of the Code of virginia 1950, as amended, not less than three nor more than fivc viewers be appointed to vi-.ew the portions of the streets hereinabove described which y,)ur .... ...... . petitioners desire to be vacated, closed and discontinued, said i7iewers to report, in writing, whether in their opinion, any, and, if any, what inconvenience would result from vacatinrg, closing and discontinuing such portions of streets, ari-4 your petitioners request that this Honorable Council adopt an ordinance vacating, closing and discontinuing the specified portions o'-' said land mentioned herein. Respectfully submitted this 10th da@, of October, 1973. ISRAEL STEINGOLD AND MAURICE STEINC'-OT@l,) By A -@b of-cou@'i Steingold, Steingold & Friedman Counsel for Petitioners P. 0. Box 31.82 Norfolk, Vir@7inia 23514 j TIP. #6469 on motion by Councilman Ferrell, seconded bv Councilman Waterf4-@-id, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert ii. Callis, Jr., Mayor Pobert B. Cromwell, Jr., Vice ?,Iayor F. Reid I:rvin, George R. Ferrell, CharieF, W. Gardner, Clarenc,,, A. H,@llapd, D. @ltirray Malbon, J. Curtis Payp.,-,, Donald H. Rhodes, and Floyd Y@, @l,"aterl-if,,ld, T-. Nays: None Absent: None City Council approved the following ordinance appointing viewers relative to a street closure - lqinstr)r, Salem A@reiue in 'he Virginia Beach BOTOUgb ORDINANCE APPOINTING VIBVERS WTIEREAS, Stanley S. Howard has given due and proper not-xce, in accordance with the statutes for sich cases made and provided, that he Will, on this day, apply to the City Coi-inc:il of the Ci-ly of Virgir).ia. Beac-h, Virg.inia, for t]-ie ap scr'-bel .pointment of Viewer!, to view the below de property atid repcrt in writ@-ng t@) @he (-ounc@-1. whether, in the c,,ini,)n c)" said 't7iewers, anv,, L,7J if any, gha- inconve,,iiercc- wouid resillit f 0-@ the di-,,con"inuing )f the hereinafter (it@scribed fifty foot st,-eet, @ic', ha@ f@-Il.ed such ai)plication w'th th(- sa@d Council; NTOW, THEP,17T,'ORF, BE iT 01@M,@@-NED BY 'n[F -,OUNCII CF 'RJF, CTI'V OF VIRI.IYTA -,f'jPGT,-q!A, ial !4ai @@t n aTid are -,iereby al)i)oilite tlie de-@cy.@bed z@roj)er,@,, writ g -,O he oT, )r b(.4-or,@ 2 h --@ Nlel, whether- in i),-,cn any, ail,;', @li", ,',,it from the 1 loc,t ;tl,ctet, locate@i i-n -,e ',@irlll-.Ln@@a Be,,i--h B,)r(,i )f tY@e -ity of @,ac@-, th;j@ '(,,ot street, T)e.@g ajI of l@l,.-Ti@,@e betwee,, oi i,a'.(o, R@,idec, w the of Sl,iadow-@ai@.@@ fei,,,hts, )f 17('.cc--d -,'-n th@ C-', erk'.@ o@ Illc,. 'l-,Ourt@ 01 CT@, I @ p i-Ti :,-, I!aT) 3@r)k 7, @,l @Sa i oi-f,)perly i, ,nor-t,, f ('@ I @ -ia-- certain lot, piece oi- Darcel @f IUic@@ lying, si-luate and being iii t.,ie Beacli @oroug@, o47 tbc, (74tv of Virg4@niLi s f@llows: 'l-hat certain niece or parcel of lancl beiig shown as a portion of Winston Salem Av.PnLie, on the @p of Shadowlawn lio4lgTits, @,Fhlcb map -,.s duly of record in %p Bock 7, at Page 14, ip. tl-l@- Office of the Clerk ',-he Circui.t Court, of i-,])e Ci--v of 'j:tinia Beach. and -rlx- desc --Td as, b d -no,-cc pi rti@a elmde or IC bN, the southern ocindan, Ii_ne r)f !Block .,I, as shown on th.@ pla' a@resa.;(I, on the'c-ast by 1--he w@tE@--n rigbt -.;r iay line of Nbditerrane-,@i Aien,,ie is s',iowr (,,n th(, plat aforesaid, 0, noi-therly , he South ')y thc property I.ine of I-ots 9)nd 1C. i-Ti B',ock -,O, on the map @iforesaid ane@ on ti-,e @le-t f.,)) the mean low water @line 1)@ @-,ake. al-,de(-,, ti,@e said pTant being that of the fee i.n t.,ial! porti(,n of Winston Salem Avp-nue Aforesa,i-j, whicli fee was reserved Lmto the Vi-rginil F.'@(,Irida 7---velopl,.@,nt Corporation bv notes on @ic mal-, afore@;,iid, IN TfiE MATTER OF CLOSING, VACATINC, AND DISCONTINIJING A CFRTAD\T TIM- FOOT STREL7, BEING AI,L THA.T PORTION OF WINST'ON AVENUE LYING BETwr-EN THE WESTERLY LINE OF MEDITERRANEAN AVENLJE AND THE WA= OF LAKE RUDEE, AS StiOlIN UPON THE PLAT OF SHADOWIAM HEIGHTS, OF RECORD IN THE CLERK'S OFFICE OF THE CII,'CUIT COURT OF @ CITY OF VIRGINIA BEACH IN MAP BOOK AT PAGE 14. TO RE MAYOR AND MEMBERS OF 71-ff,, CI'RY C.OUNC.TL OF VIRGINIA BEACH, VIRGINE,@: P E r I T 1. 0 N Your Petitioner, Stanle,/ S. Foward, respectfully rer,resen'.,, as follows: 1. That piirsuant to th,@ provisions of Section 15.1@-364 of the 1950 Ciode o,, l,lirgini@a, as imend@l, the Pet.@-tior.-rs appiv for tb(, closing and discontinuance of a -e-tain street, whi--h is irore parti-uiariv described as follows@ ,Ul @f *:bat c-rtnin F;-f@y .,.-Oot street, being ,i 4 n 51 ,, 11 TOT- o!i f l,'ip ;to , lem Porenuc, lyitig hetIA10en th'@ ',Iedi-e,-raneaTi lkvenue %-i. d tile o, i Lakc P,.udee, a-, sbo@m upon tho plat of @adowla7,4n j'eights, cf rec,,)ri in the Offi.ce of the Circu;-t Court )f the of Virgini@q ifti-tiia, in iMap Bor)K '7 p r ty i More t c or s T)artic,,,!.a@l,, desci,ibod ;i@, fol.J@llws: All, tha,, ce-t,,iin lo, , p (,.c(,, cr parcel o,@ Imd. lying, sitaatc and, '@,,ein,,T -ui the z,--acii Brrciigh ol.r th(, Cil-, of l@aci., "@-- i.'Iia, bei-ng 9 @o-om, @)o@.in,@e(I anc. d-,;c@ .be,,' @-S 7.bat ,er",iin piece or p,,irc(-'l of lar.0 beinp, s@,ohn as a T)ortion of Wk-ns,-on -@veiuc c)-n the ixhp of @adoi@lawti 14(@igl,ts, w@@"ch is iiily o--@ record i-n TIa@) Bo(,k 7, -,t @@age 14, ini-he Offj(-.e of tlie Cle @ of the Circl-:it CoL,,rt of the City of Vir@ia 'lea,@,, Virginia, int'. more particularly des-r:-")ed a-s botir.,-@'ed. cri ,he ')y the sok@thern 1,@ne C., Block 31., a-s shown @n tl,@- plit aforeselid, on the East by the west(@.-rp. right of way 1--ine of @,dite-rranean A,,renue, as s.1o@ on t,",e plit aforesa;.O., on the South by the northcrly property of Lot.s 9 @md 10 iD- Block 30, oTi the map aforesaid an(' oi@ the West @v t,b.e mean lo,,i water lin- nf l,ac-e RLde@!, the said .-rant being that of @"ee i. t@.at ,,)Ortion of !Vir.ston Salem Avenue af(@7,-esaid, utich fee wa.,; reserved Lmto the Virgi,@tia Florida DevelopTrent orpoi-ation by notes or @hc, TiaT) aforesa4d 2. That no inconvenien(c, w@@ll resul- to ar,.v persons @y reas,)Il o,F the said closing, vacation and discc)ntinl=ce of said street, P-nd the Petitioner prays that this Honor;,ble (litv Comcil ap oi- ViFwe-r@,T proi,i(leC@ p @.t by law to view this street proposed to be closed, and to report in wti.ting to the Cou[icil on or before the .9&0 . day of b@@ , "'973, whether, in the opinion of the sail Vieuers, ary, and if any, what iiicon- venience would result from the clis,-ontiiiuance of said street her,@inbe@,ore described. 3. T,,,,at on the day of GT- 1973, Notices of the presenting of this Applicat;-On were posted at tr)e Coiirthotise of i@be Circuit Court of the City of Vir@linia Beach, Virginia, and on ti2p, to be closed, and at the City [WI Annex, 19th Street and Arctic @l,,enue, Virginia Beach, Virginia, as evideiiced by the Affidavit attached Iereto, and a copy of said Notice. 4. ' ie Petitioner acqtjred recor(I titj-o to t@,c, pioi,crt@,r the subject r)f this Petiti-on by (le(td fro,,,i Elton E. Wood a-nd Wood, his irife, JiL'le 2S, 19-r.;. ard recorded onT e 26, 197@@ i, 'un the Clerk's ,)f @-.he Circui'- ((,,j-t @)t the t,ity of FCak"il,'is T)ocLnent N(,.,. 1 'TkN'L,@ S. HOWARP, Joseph L. Lyle, -Tr. Pickett, Spaiii & iyle Post Box 21@ll Virgini-a l@;,gi,ii 234@2 ITEM #6470 On,motion by Councilman tiolland, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, @lharles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance authorizing the di-,posal of parcels B, C, D, E and F in Pembrok(, Meadows, Section Two, iT) tii(', Bayside Borough: AN ORDINANCE AUTHORIZING THE DISPOSAL OF PARCELS B, C. D2 E AND F IN PEMBROKE M]kAD6WS, SECTION TWO, BAYSIDE BOROUGH VIRGINIA BEACHP VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Whereas, Parcels B, C, D, E and F, as shown on those certaih plats entitled "Subdivision of Pembroke Meadows, Section Two, Bavside Borough, Virginia Beach, Virginia;'dated December 1967, and duly recorded in Map Book 73, at Page 5, and Map Book 75, at Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virgin!P., were conveyed to the City of Virginia Beach by deed dated Jljne 5, 1970 and duly recorded in Deed Book 1161, at Page 538, in tlie aforesaid Clerk'! Office; and Whereas, by -.resolut:@on, duly adopted by the Council of tve Ci@tl- o@@-: Virginia Beach, Virginia on December 8. 1969, the City Real Estate A.@ent. was authorized to cause said parcels to be disposed of wit@ firs- consideration being -Iiven to adjacent property owners; and Whereas, by deeds dated October 7, 1971 and recorded in the afore- said Clerk's Office in Deed Book 1250, at pages 299, 30'L, 303, 30-) --kqe. 310 said parcels were conveyed by quitclaim deed to the adjacent property awners as shown on those certain plats entitled "Plat Showing Re-SLib- division of Parcels B, C, D, E and F'and duly recorded in the a@@ore-. said Clerk's Office in Map Book 89, at Pages 47, 48 and 49; and Whereas, it is the desire of the party of the first part and the parties of the second part that the deeds of conveyance of tlie sa4.rl property be changed to Special Warranty and further that this act C)@ conveyance be with approval of the Counci.1 of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CI7.Y OF VIRGINIA BEACH, VIRGINIA: That, the City Manager is hereby authorized to execute, at the proper time and as rwy be necessary, 'i Deed of co;crection@ conveying the aforesaid described property by Special Warranty and to release the 5' drainage and ut-ility easement -,round the o--iginal side and rear yard lot lines ot- the affecte?, i,')ts, and provided further that the affected lot owners will re-dedi(@ate a 5' drainage and ut@4lit", easement around the si,,'e ard reer Jo@ 1-ines of the lots e.'Ilarged as created by th@.s conveyancc-, Adopted l@y the o.- Vi.,-Zl@.ni..Zt Beat.,'!, on thc da,@ o' 3. !TEM #6471 On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance indemnifying and saving harmless the Commonwealth of Virginia in order to obtain necessary permit for public works over and upon highway system of Virginia: AN ORT)I@IANCE I@TI)FMNIFYING AN') SAVING HARNLESS THE COMMONWEALTH OF VIR.GINTA IN ORDER TO OBTAIN NECESSAPY PERMIT FOR PUBI.IC 14(,RKS OVER AND UPON HIGHWAY SYSTEM OF VIRGINIA BE IT ORDAINED BY THE COUNCIL ?'F THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS the City of Virginia Beach desiref, to inqtall a '1.6" main across the Virginia Beach-Norfolk Expressway at South Lynnhaven Road; and TJHEREAS, in order to do so, the Commonwealth of Virginia requires an indemnifying agreeinent to be executed by the City Manager in the amount of $25,000. THEREFORE BE IT OR@)-AINED BY THF COLTNCII, OF THE CITY OF VIRGINi./\ BEA-@,Ti, VIRGINIA: That the Cl.ty P4anager ig authorized to execute said agreement on behalf of the Ci.ty of V4-rginia Beq.(,..@,, Virginia. Adopted b, h ./ t e Coilncil of the Cit:y of Virginia Beach on the 29tli day of October )11,',73. ITEM #6472 On motion by Vice Mayor Ervin, seconded by Cotincilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald @f. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on first reading the following Ordinance to authorize the acquisition of right-of-way for First Colonial Road, property to be acquired in fee simple; the acquisition of right- of-way either by agreement or by condemnation and to appropriate AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF RIGHT-OF-WAY FOP, FIRST COLONIAL ROAD. PP,OPER7Y TO BE ACQUIRED IN FEE SIMPLE; THE ACQUISITION OF RIGHT-OF-WAY EITHEI By AGREMENT OR BY CONDEMNATION AND TO APPROPRIATE THE NECESSARY FUNDS FOR SAID ACQUISITION OF LAND OR INTEREST IN SAID LAND FOR RIGHT-OF-14AY OF FIRST COLONIAL ROAD. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, the City of Virginia Beac.h, Virginia has authorized First Colonial Road, and that same has been approved for right-of-way acquisition; and I-IHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the construction of this important highway to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, morals and for the welfare of the people in the City of Vir,*,inia Beach; NOW, THI,:REFORE, BE IT OPDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA: Section 1. Tliat the City Attorney and/or Assistant City Attorney is hereby authorized and dirccted '--o acquire by purchase or condemnations pursuant to Section 15.1-23'0 et seq. and Section 33.1-39 et seq., Code of Vir,@inia of 1950, as amended, all that certain real property, in fee simple, inclucling temporary and permanent easements of ri?,,Iits-of-way as shown on the Plan and Profile of Pzoposed Urban Hiphway, First Colonial Road From.@ Int. Rte. 632 Great Nec',, I'@oad To: Int. Va. Beach Blvd., Scale: 1" = 1000'@ r,alo'i,.,in an(! Gre@@, En7i.neers, on file in t:he Department of Conununity Scrvices, @funicipal Center, City oi: Virfinia Beacti, X@irf,,inia. Section 2. Tiae City Attoi:ney and/or Assistant City Attorney is hcrc-@.)y authorized to mal,le, or cause to ',)e made, in be@Ial@@ of the City of Virf-'inia Beacl,i, a reasonable of@-er to oxyners or persons liavin'a'an interest in saici lands, if refused, the city "Ittorney and/or Assistant City Attorney is hereby authorized to institute proceedin,s to condemn said propel-ty. Section 3. There is liereby appropriated sufficient funds to cover thc cost of the ri,@ht-of-way acquisition, construction and other expense. Section 4. That an emer,ency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. First Reading: October 29, 1973 Second Reading: Adopted by the Council of the City of Virl@.inia Beach, Virginia, on the day of 19 ITEM #647-, On motion by Councilman Gardner, seco,@ded b@ Co@incilman ifolla.TIJ,. and by recorded vote a,-7 @ollows: ,Ayes C,)uncilmen John A. Bium, Robert i. Callis, Jr., @la@Irr Robc,it B. Cromwell, Jr., Vice llavor F. Reid Ceorge R. Foi-reli, W. Gardner, Clarenc@ A. liolland, D. Nlur,,-ay @Ialbon, J. Ciirtis Pa@"(@, T)onald 11. Rhodes, anc@' Floyd E. Plat(,rFicid. Jr. Na)rs: None Absent@ None in orcier to certify as to the availabil@ty of funds op. tb-e, conty,il(',t between @-)EVAMP and the City of Virginia Beach, City Council apT'To.pri.;,te,l tbe sum of $14,500 to the Recreation DeDartment with an offsettip@, in(:r@as- in estimated reven,,ies from SR-,VAMP c)@ $14,000, '!'lie @IPP-I)II shn7jld bp made to the following account@; in the DepartT-.,)t (,.f T)@,, c-i 11020-150 Compensation of Parks & R(@creatiop, SuperinteTidents & Super,risors $lz-,97,,l 11020-220 Traveling l,'Ixpenses 11020-31S-1 Recreation Supplies, Equipment & Awards Total Appropriation $14-,-SO( ITE@l #6474 On motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert P.. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murra)@ Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfiel(l, Jr. Nays: None Absent: None As the Division of Justice and Crime Prevention has approved the ITirginia Beach application for the J4TT progtam City Council approved the appropriation of $284,742 f-)@ o@@, 1'7c,gram and increase the estimated revenues from the Divisic)n of JiAstice apd Crime Preventi()n for $231,3S3, and further approved a traniifer of $S3,389 from the, PoJice Division salari(,s account to the li@-fl p-rogram. ITEM #647S OTi motion by Councilman Malbon, secon.ded I)y Councilman Water.@iel(i, and by recorded vote as follows: Ayes: Coijpcilmen John A. Baum, Robe-rt il. Call.is, Jr., Mayor Pol)('I@t B. Cromwell, Jr., Vice Mayor F. Rei.d Eri,i@ ', Ceorge P. Ferrell, C,@@iarlcs !V. Gard,).er, Clarence A. '-@olland, @@. Murra,l 'jl,,illon, T. Cui-tic@ pp"ITio, Dnnal@l H. @,.odes, aDd @loy@i E. Wat@rfie'@d, @@--,ys :\T a n -- ,kbselit: None City Council approved th(@ Raffle Permit -i-cation of L-I)e 17i,e Doi)a-trieTit, ladies ikti,,i.li-af'y fol- t7l(, TI'EM '!(@471) On motion by Councilman Ferrell, sec(,Pded by (okiTic4lman aTid by recorded vote as fol3,,)w'@ Aves: Councilmen John A. Baijm, Robert !i. CaIJis, Jr., Ma@,o-,( Po-r,, rt 13. Cromwell, Jr., Vice Mayor F. Reid Et,,,,i,i, Goor@e P,. Clarence @. Holland, D. Mur-al! @ialbon, 17. C!@3",@ T @-i , )onal,,i Fl,. RhoJes, and E. Water' -10 j r, Navs: None Absent: None City Co7incil appointed the foll.owing to the Buil,ding Code @l ,kdjustments and Appeals: a] Mr. Wilfred P. T,ar,- - reappoini7f@(I b] Mr. Oscar Northern replaces @r@ Williiin U. N'@CCI@rE@ ITE@l #6471 City Council authorized @ir. Richard J. Webbon, City Clerk, to send a letter notifying persons appoitited to tlip, various Boards and Commi,,sion ol@ the City and a Certification of Apprecip.tion. ITEM #6478 On motion by Councilman Payne, seconded by Councilman liolland, aild bv recorded vote as follows: Aves: Councilmen John A. Baum, Robert 11. Callis, Jr., Mayor Rol)ert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George F@. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Pay-,I(-, an(i Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absen-l@ None City Colincil noted its in-lention to hol(I a closed meeting on Nion,!L',,, Novepiber 5, 1973, for the pijrpose of di.@cussing items peririttecl @@c@ di,;cu.ssion under Sectiori 2.1-@14. Stibi)@,agraph I and 6 of the Frecdom of lpfortqation Act of th(, Coiiii,Dnwealth (,f Virgipia. ITEM lr,47, On m@tion by Councilnian Ferrol@L, secondc,d bv Councilmai and by unanimous votc the meeting adjou@@ned. City Cler@- Ro or Jr., i),Iayo-i- Ci'y of @,lirginia Beacfi, 11-i-.rginia oc@c,ber 29, 1973 ITEM #6470 On ~motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Donald Ho Rhodes, and Floyd E. Waterfield, Jr. Mayor Robert Ferrell, ~harle. Curtis Payne, Nays: None Absent: None City Council approved of parcels B, C, D, E Bayside Borough: the following Ordinance authorizing the and F in Pembroke Meadows, Section Two, disposal ix~ the AN ORDINANCE AUTHORIZING THE DISPOSAL OF PARCELS B, C, D, E AND F IN PEMBROKE MEADOWS, SECTION TWO, BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Whereas, Parcels B, C, D, E an~ F, as shown on those certain plats entitled "Subdivision of Pembroke Meadows, Section Two, Bayside Borough, Virginia Beach, Virginia,'dated December 1967, and duly recorded in Map Book 73, at Page 5, and Map Book 75, at Page 37, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, were conveyed to the City of Virginia Beach by deed dated J,~ne 5, 1970 and duly recorded in Deed Book 1161, at Page 538, in the aforesaid Clerk': Office; and Whereas, by resolution, duly adopted by the Council of the City of Virginia Beach, Virginia on December 8~ 1967, the City Real Estate Agent was authorized to cause said parcels to be disposed of with first consideration being given to adjacent property owners; and Whereas, by deeds dated October 7~ 1971 and recorded in the afore- said Clerk's Office in Deed Book 1250, at pages 299~ 301~ 3039 305 and 310 said parcels were conveyed by quitclaim deed to the adjacent property owners as shown on those certain plats entitled ':Plat Showing Re-Sub- division of Parcels B, C, D, E and F'and duly recorded in the afore~. said Clerk's Office in Map Book 89, at Pages 47, 48 and 49; and Whereas, it is the desire of the party of the first part and the parties of the second part that the deeds of conveyance of the said property be changed to Special Warranty and further that this act of conveyance be with approval of the Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, the City Manager is hereby authorized to executes at the proper time and as may be necessary, ~ Deed of Correction, cemveying the aforesaid described property by Special Warranty and to release the 5' drainage and utility easement around the original side and rear yard lot lines of the affecte~ }ets, and provided further that the affected lot owners will re-dedicate a 5' drainage and utility easement around the sidle and rear ~o~ lines of the lots enlarged as created by this copveyance, Adopted by the Co,...~cil of ~Jhe C~ ~:'17 of Virginia Beach, Vir~-TJnia on the 29th day of ~.,.tob~' ~?~ ITEM #6471 On motion by Councilman Fayne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Eerrell Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance indemnifying and saving harmless the Commonwealth of Virginia in order to obtain necessary permit for public works over and upon highway system of Virginia: AN OROINANCE INDEMNIFYING AN') SAVING HARMLESS THE COMMONWEALTH OF VIRGINIA IN ORDER TO OBTAIN NECESSARY PERMIT FOR PUBI.IC ~)RKS OVER AND UPON HIGHWAY SYSTEM OF VIRGINIA BE IT ORDAINED BY THE COUNCIL ~F THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS the City of Virginia Beach desires to install a 16" main across the Virginia Beach-Norfolk Expressway at South Lynnhaven Road; and I~HEREAS, in order to do so, the Commonwealth of Virginia requires an indemnifying agreement to be executed by the City Manager in the amount of $25~000. THEREFORE BE IT ORDAINED BY THE COUNCIl. OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to execute said agreement on behalf of the City of Virginia Beach, Virginia. Adopted by the Council of the Cit~y of Virginia Beach on the 29th day of October ~ , ~73. ITEM #6472 On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on first reading the following Ordinance to authorize the acquisition of right-of-way for First Colonial Road, property to be acquired in fee simple; the acquisition of right- of-way either by agreement or by condemnation and to appropriate the necessary funds for said land for right-of-way of First Colonial Road: AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF RIGHT-OF-WAY FOR FIRST COLONIAL ROAD, PROPERTY TO BE ACQUIRED IN FEE SIMPLE; THE ACQUISITION OF RIGHT-OF-WAY EITHER BY AGREEMENT OR BY CONDEMNATION AND TO APPROPRIATE THE NECESSARY FUNDS FOR SAID ACQUISITION OF LAND OR INTEREST IN SAID LAND FOR RIGHT-OF-WAY OF FIRST COLONIAL ROAD. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, the City of Virginia Beach, Virginia has authorized First Colonial Road, and that same has been approved for right-of-way acquisition; and WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the construction of this important highway to provide transportation and for other public purposes for the preservation of the safety, health, peace, ~ood order, comfort, convenience, morals and for the welfare of the people in the City of Virginia Beach; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney and/or Assistant City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to Section 15.1-236 et seq. and Section 33.1-89 et seq., Code of Virginia of 1950, as amended, all that certain real property, in fee simple, including temporary and permanent easements of rights-of-way as shown on the Plan and Profile of ~oposed Urban Highway, First Colonial Road From~ Int. Rte. 632 Great Neck Road To: Int. Va. Beach Blvd., Scale: 1" = 10~0', Baldwin and Gregg, Engineers, on file in ~he Department of Community Services, ~unicipal Center, City of Virginia Beach, ¥irginia. Section 2. ~e City Attorney and/or Assistant City Attorney is hereby authorized to make, or cause to be made, in behalf of the City of Virginia Beach, a reasonable offer to owners or persons having an interest in said lands, if refused, the City Attorney and/or Assistant City Attorney is hereby authorized to institute proceedin%s to condemn said property. Section 3. There is hereby appropriated sufficient funds to cover the cost of the right-of-way acquisition, construction and other expense. Section 4. That an emergency is hereby declared to exist and this Ordinance shall be in force and effect from the date of its adoption. First Reading: October 29, 1973 Second Reading: Adopted by the Council of the Cityof Virginia Beach, Virginia, om the day of , 19 ITEM #6475 On motion by Councilman Gardner, seconded b~ Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert t. Callis, Jr., ,~a?,r Robert B. Cromwell, Jr., Vice ~layor F. Reid Er~in, George R. Ferre]], Ch~?!e> W. Gardner, Clarence A. Uolland, D. ~urray b~albon, J. Curtis Payuc, Donald Ii. Rhodes, and Floyd E. ~aterfield, Jr. Nays: None Absent: None In order to certify as to the availability of funds on the contradict between SEVAMP and the City of Virginia Beach, City Council approprJ~ted the sum of $14,500 to the Recreation Department with an offsetti~gl increase in estimated revepues from SEVAMP o£ $14,000. The appropr:a~!cn shnuld b~ made to the following account~ Jn the Departmemt ©£ qecre~*~c~: ] 1020-150 Compensation of Parks & Recreation 11020-220 !]020-315-i Superintendents & Super,~isors $12,974 Traveling E×penses Recreation Supplies, Equipment & Awards 326 Total Appropriation $14,50I~ ITEM #6~7a On motion by Councilman Holland, seconded by Councilman Rhodes, and 5y recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None As the Division of Justice and Crime Prevention has approved the Virginia Beach application for the HIT program City Council approved the appropriation of $284,742 fo) ..... I regram and increase the estimated revenues from the Division of Justice and Crime Prevention for $231,353, and further approved a transfer of $53,389 from the Police Division salariez account to the H?T program. ITEM #64?5 On motion by Councilman Malbon, seconded by Councilman Waterfietd~ and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Call. Js~ Jr., B. Cromwell, Jr., Vice Mayor F. Reid Ervi~ George R. ~. Gardner, Clarence A. Holland, D. Murra,' Malbon, J. Donald Ho Rhodes, and ~loyd E. Waterfield. Jz~ Mayor Robert Ferrell, Ci~arles Cur t ~ ':: Pa,/ne, Nays: None Absent: None City Council approved the Raffle Permit a~plication of the Fi~e Department, Ladies At~xi]iary for the Beat', Borough Aux~lia,*'y, ITEM On motion by Councilman Ferrell, seconded by feuncilman Waterfie!d~ and by recorded vote as fol]ows~ Ayes: Councilmen John A. Baum, Robert !t, Callis, Jr., B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. k:. qardner, Clarence A. Holland, D. Murra~ Ma]bon, J. Donald H. Rhodes, and Floyd E. Waterfield ,Jr, Mayor Robert Fe~cIJ , C:;r 2i -- Pay=c, Nays: None Absent: None City Council appointed the foll. ow2ng to the Building Code Beard Adjustments and Appeals: al Mr. Wilfred P. Large reappointed b] Mr. Oscar Northern -. replaces Mr. William E. N~,cC!urg ITEM #647~ City Council authorized Mr. Richard J. Webbon~ City Clerk, to send a letter notifying persons appointed to the various Boards and Commission of the City and a Certification of Appreciation. ITEM #6478 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert It. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Paynr', and Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council noted its intention to hold a closed meeting on Monday, November 5, 1973, for the purpose of discussing 5tems permitted dis;cussion under Section 2.1-734. Subparagraph 1 and 6 of the Freedom of Information Act of the Com]i~3nwea±th of Virginia. ITEM #~47~ On motion by Councilman Ferrell, seconded by Councilman Gardner, and by unanimous vote the meeting adjourned. i/ / ~ ~ ~chard J. !?e~on, City C-i--e-e~ CiLy of Virginia Beach, Vi rginia Robert B. Cromwell, Jr., Mayor October 29, 1973