HomeMy WebLinkAboutJANUARY 12, 1987 MINUTES"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. ]ONES, At Large
VICE MAYOR MEYERA E. OBERNDORF, At Large
ALBERT W. BALKO, Lynnhaven Borough
JOHN A. BAUM, Blackwater l~..ough
ROBERT E. FENTRESS, Virginia Beach Borough
HAROLD HEISCttOBER, At Large
BARBARA M. tIENLEY, Pungo Borough
REBA S. MtffgLANAN, Prim'ess Anne Borough
]OttN D. MOSS, Kempsuille Borough
NANCY K. PARKER, At Large
fi)tiN L. PERRY, Bayside Borough
RUTH HODGES SMITH. CMC. City Cterb
VIRGINIA BEACH CITY COUNCIL
CITY COUNCIL AGENDA
281 CITY HAL1. BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456-9002
1804~ 427.4303
January 12, 1987
ITEM I. COUNCIL ODNFERENCE SESSION:
- Conference RDon- 12:00 PM
A. CITY COUNCIL CONCERNS
ITSIq II. INFORMAL SESSION:
- Conference Room- 12:30 PM
A. CALL TOORDER - Mayor Robert G. Jones
B. ROLL CP.I'.I'. OF COUNCIL
Ce
CITY MANAGER BRIEFING
1. DISCUSSION OF REVISIONS
REGULATIONS
TO COMPREHENSIVE
ZONING ORDINANCE SIGN
D. MOTION TO RECESS INTO EXECUTIVE SESSION
ITSM III. FORMAL SESSION:
- Council Chambers - 2:00 PM
A. INVOCATION: RmverendJames R. Guttendorf
St. Matthews Catholic Church
B. PLEDGE OF ~LL~GIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA
E. MINUTES
1. INFORMAL & FORMAL SESSIONS: January 5, 1987
F. PUBLIC HEARING
1. PI2tNNING BY OONSES~
Application of Ernest L. and Phyllis A. ~adson for a Change of
Zoning from B-3 Central-Business District to I-1 Light Industrial
District on property on the south side of Cleveland Street
beginning at a point 800 feet more or less west of Aragona
Boulevard, containing 14,984.64 square feet (Bayside Borough).
Recc~mnendation: APPROVAL
Application of Aqua Sports, Inc. for a Change of Zoning from A-1
Apartment District to P-1 Preservation District on property 880
feet more or less west of General Booth Boulevard beginning at a
point 1,800 feet more or less north of South Birdneck Road,
containing 2.93 acres (Princess Anne Borough).
Recc~t,',~ndation: APPROVAL
Application of Brook Baptist Church for a Conditional Use Permit
for a church addition on the south side of Wishart Road, 1,170
feet more or less west of North Witchduck Road (4397 Wishart
Road), containing 6 acres (Bayside Borough).
Recc~nendation: APPROVAL
d®
Application of The Salvation Arm~, a Georgia Corporation, for a
Conditional Use Permit for a rehabilitation center/sanitorium on
Lots 13, 14 and the western 55 feet of Lot 15, Milburn Manor
(5560 Virginia Beach Boulevard), containing 3.5 acres (Bayside
Borough).
Recut,~endation: APPBOVAL
ee
Application of Beach Crab Associates for a Conditional Use Permit
for multiple family dwellings in the C-1 Arts and Conference
District on property on the west side of Cypress Avenue beginning
at a point 50 feet north of 18th Street (1807 and 1811 Cypress
Avenue), containing 1.1 acres (Virginia Beach Borough).
Recc~m~ndation: APPROVAL
Application of Owl's Creek Golf Center, Inc. for a Conditional
Use Permit for recreational facilities of an outdoor nature
(executive golf course) on the west side of South Birdneck Road
beginning at a point 1,700 feet more or less north of Bells Road
(415 South Birdneck Road), containing 71 acres (Lynnhaven
Borough).
Rec~fendation: APPI~OVAL
Resolution referring certain Amendments to the Si~n ~3ulation of the
CZO to the Planning Cc~mission for action within sixty (60) days
pertaining to:
Ordinances to AMEND the Comprehensive Zoning Ordinance:
a. Section 212, pertaining to prohibited signs;
b. Section 214, pertaining to signs (landscaping);
c. Section 215, pertaining to nonconfo~min~ signs;
d. Section 705, pertaining to sign regulations in the ~-1 ~x)tel
District;
e. Section 715, pertaining to sign regulations in the ~-2 Besort
~otel District;
f. Section 804, pertaining to sign regulations in the O-1 Office
District;
g. Section 904, pertaining to sign regulations in the B-1 Business-
Besidential District;
h. Section 914, pertaining to sign regulations in the B-2 Cc~mm/nity
Business District;
i. Section 924, pertaining to sign regulations in the B-3 Central
Business District;
j. Section 942, pertaining to certain zoning regulations;
k. Section 944.1, pertaining to sign regulations in the B-5 ~esort
C~atercial District;
1. Section 1004, pertaining to sign regulations in the I-1 Light
Industrial District;
m. Section 1504, pertaining to sign regulations in the C-1 Arts and
Conference District.
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed frc~ the Consent
Agenda, it will be discussed and voted upon separately.
Ordinance upon SECOND READING to appropriate $25,000 to the
Department of Mental ~ealth, Mental Betardation and Substance Abuse
for inpatient alternatives.
iow Bid to Asphalt Roads and Materials Cc~pan~, Inc. in the amount of
$562,607.54 for the purpose of resurfacing 22.05 lane miles of
highways and streets, adjust 84 entrances at curb lines and provide
pavement marking on 2.01 miles of primary road.
Low Bid to W. F. Oliver and Sons, Inc. in the amount of $417,839.84
for the installation of streets, drainage and utilities on Sir John,
Reedtown and Old Reedtown Roads. (This project first appeared in the
FY 1983-1987 Capital Improvement Program.)
4. Ordinance authorizing license refunds in the amount of $4,115.29.
Bingo/Raffle Permits:
a. St. Matthews Catholic Church
b. Loyal Order of Moose-Aragona Village Lodge #1198
c. Plaza Jr. High Marching Trojanettes Parents
Association
Bingo/Raffle
Bingo
Bingo
25TH ANNIVERSARY CELEBRATION COMMITTEE
BOARD OF BUILDING CODE APPEALS
Building Maintenance Division
Electrical Division
New Construction Division
Plumbing & Mechanical Division
CONSTITUTION DAY COMMITTEE
FRANCIS LAND HOUSE BOARD OF GOVERNORS
J. UNFINISMEDBUSINESS
1. Prioritizing Beaches of the City for Nourishment.
K. NgW BUSINESS
VII~INIA BEACH CIT~ OOONCIL
Ann SESSIONS
S~ ~OR
MONDAY, JANUARY 19, 1987
II3ESDA¥, JANUAR~ 20, 1987
- 19-
Item IV-E.1
MINUTES
ITEM # 26765
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of January 12, 1987,
as AMENDED.
Councilwoman McClanan referenced Page 37, Item #26729, REAPPOINTME~TS to the
FRANCIS LAND HOUSE BOARD OF GOVERNORS. Admiral Richard Rumble should be
listed for a three (3) Year Term from January 1, 1987 - December 31, 1989.
Admiral Rumble should be also listed on the SUMMARY OF COUNCIL ACTIONS.
Councilwoman McClanan referenced Page 39a, ITEM #26730, Priortization of
Beaches in the City of Virginia Beach for Nourishment. The Chart showing the
priortization of the Beaches does not reflect the action of City Council
although the written MINUTES do. Councilwoman McClanan requested the REVISED
Chart be made a part of the MINUTES of January 12, 1987. A copy of said
Chart is also made a part of these proceedings.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 20. 1987
0
0
0
0
0
0
0
0
0
cD,
0
0
0
0
0
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 12, 1987
The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
January 12, 1987, at 12:00 NOON.
Council Members Present:
Albert W. Balko, Robert E. Fentress, Barbara M.
Henley, Mayor Robert G. Jones, Vice Mayor Meyera E.
0berndorf, Reba S. McClanan, John D. Moss, Nancy K.
Parker, and John L. Perry
Council Members Absent:
Councilman John A. Baum
Councilman Harold Heischober
(ENTERED:
(ENTERED:
12:27 P.M.)
12:18 P.M.)
-2 -
MATTERS BY MAYOR
ITEM # 26687
The Mayor referenced a LIST OF COUNCIL PRIORITIES concerning the Calendar Year
1987. Mayor Jones advised of an amendment to said list which entailed the
RESORT AREA ADVISORY COMMISSION. The Mayor referenced the Resolution ADOPTED
on December 16, 1985, to provide direction to the Planning Commission, the
Resort Area Advisory Commission and the City Manager with respect to continued
Planning necessary for Resort Revitalization. The Mayor requested this
particular Resolution be monitored relative its objectives.
ITEM # 26688
The Mayor advised with reference to the SOUTHEASTERN EXPRESSWAY, he had been in
contact with Robert Witherspoon, Member of the URBAN LAND INSTITUTE. Mr.
Witherspoon advised the URBAN LAND INSTITUTE would be interested in advising
suggestions for Planned Use Land Preservation concerning the SOUTHEASTERN
EXPRESSWAY Corridor. Brochures concerning the URBAN LAND INSTITUTE PANEL
ADVISORY SERVICE accompanied the letter. A panel of 7 experts were recommended
for a five-day study of the area. The Mayor will share this data with
interested Council Members.
City Council might wish to discuss this at a future meeting.
January 12, 1987
-3-
CITY COUNCIL CONCERNS
ITEM # 26689
Councilman Fentress referenced the LIST OF CITY COUNCIL PRIORITIES and
requested the addition of the Beach Borough with regard to the revision of the
COMPREHENSIVE PLAN. Council Members Baum and Henley had referenced revising the
COMPREHENSIVE PLAN in the areas below the GREEN LINE. The Beach Borough has a
lot of areas contained therein that require revision. In June, Councilman
Fentress had written to Robert Scott, Director of Planning, and requested the
Virginia Beach Borough be reviewed entirely relative the old zonings behind
Atlantic and Pacific, as well as further back as to B-2, B-3 and B-4. The only
responses to his inquires have been the initial conversation.
ITEM # 26690
Councilman Balko referenced his discussion with James Debellis, Director of
Economic Development, concerning the possibility of an Airport in Virginia
Beach for private planes. The Airport in Chesapeake has been closed. Many
citizens of Virginia Beach utilized this aforementioned facility.
ITEM # 26691
Councilman Moss also reiterated his concern of last week relative productivity
and layering of the EXECUTIVE BRANCH and perhaps the need for a possible
reoganizational structure. Councilman Moss re-emphasized he would be interested
in reviewing the report by the Consultants concerning the EXECUTIVE PAY PLAN.
ITEM # 26692
Councilwoman Henley referenced a newspaper article relative the revision of
the COURTHOUSE SANDBRIDGE STUDY AREA and, in particular, the SOUTHEASTERN
EXPRESSWAY. Councilwoman Henley advised of a Memorandum dated December 15,
1986, with a cover letter dated December 15, 1986, from Bill Cashman, Planning
Department, relative the SOUTHEASTERN EXPRESSWAY. A Representative for the
Corps of Engineers indicated there would have to be a full environmental impact
statement. At this point, the RFP does not include any environmental concerns
and financial considerations are not being examined. Councilwoman Henley
advised the Land Use should be investigated but to submit to any plan in that
area before all of the other areas are studied would be very premature.
Councilwoman Henley was not aware of how committed the Council wished to be
concerning the Land Use Plan in this area until this EXPRESSWAY PLAN has
progressed further.
The City Manager advised the State has requested both Chesapeake and Virginia
Beach to "upfront" 5~ of the cost of this preliminary planning. The City
Manager feels however, they do not need to upfront any funds whatsoever as this
is a $200- MILLION Project. The City believes the funds should be appropriated
from the funds available. The road must be designed first, prior to the
commencing of the TOLL FEASIBILITY STUDY. The ENVIRONMENTAL IMPACT STUDY will
be accomplished at the time the ~PRESSWAY is being designed with Public
Meetings in conjunction with same.
Councilwoman McClanan advised too frequently in the past, the City relied on
one road to be the solution to traffic problems. Councilwoman McClanan believed
the land in the southern part of the City is entirely different from the rest
of the City. Much of this land possesses different environmental
characteristics. Councilwoman McClanan felt the EXPRESSWAY does not create an
excuse for density.
The Mayor emphasized the importance of determining how this EXPRESSWAY would
impact the future development of the City.
January 12, 1987
-4-
CITY COUNCIL CONCERNS
(Continued)
ITEM # 26693
Councilwoman Henley referenced the COMPREHENSIVE ZONING ORIDNANCE REVISION in
which each of the study areas are to be examined. The PUNGO-BLAGKWATER STUDY
area was discussed by the HMP COMMITTEE relative the agricultural zoning in
this particular area and as to how it relates to the BACK BAY MANAGEMENT PLAN
in that area. They believed there were recommendations in the BACK BAY
MANAGEMENT PLAN that would not be covered by the CZO revisons. Councilwoman
Henley suggested a Staff person be assigned to address those particular
items. There are several recommendations concerning whether or not to increase
the lot size or front width as well as septic tanks which are not CZO related
and a means must be determined to address these concerns.
Councilwoman Henley advised the City must be careful not to just refer to the
BACK BAY as North Landing Drainage Basin would have similar concerns.
ITEM # 26694
Councilwoman Henley further referenced the revision of the LIST OF COUNCIL
PRIORITIES. Councilwoman Henley advised she did not really mean to infer
Liability Coverage for the City. Councilwoman Henley advised she was
referencing the health, responsiblity and welfare of the Citizens relative
traffic fatilities.
The Mayor advised that perhaps an analysis of all traffic accidents and
fatalities should be conducted to determine the cause and effect involved in
each and a tightening of enforcement on these particular areas.
Councilman Perry referenced the S curve on Princess Anne Road near the
Blackwater-Pungo area and requested this be realigned as an accident occurs
here approximately every two days.
ITEM # 26695
Councilwoman Parker advised she had received telephone calls from
acquaintenances in the teaching profession advising they heard the City Council
had mandated there would be no pay increases or step increases for Teachers.
Councilwoman Parker requested these rumors be quelled.
Councilman Perry requested the citizens be informed that City Council does not
APPOINT the Superintendent of Schools.
ITEM # 26696
Councilwoman McClanan referenced the MEMORANDUM from Robert Scott, Director of
Planning, concerning the UPDATE OF THE CZO and the PLANNING COMMISSION'S
ACTIONS.
Councilwoman McClanan requested clarification and discussion by Robert Scott,
be SCHEDULED for the City Council AGENDA of Janaury 20, 1987.
January 12, 1987
ITEM # 26697
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
January 12, 1987, at 12:37 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
January 12, 1987
-6-
CITY MANAGER'S BRIEFING
ITEM # 26698
The City Manager advised of an ADD-ON Resolution to City Council's Agenda which
reaffirms the Resolution ADOPTED on January 5, 1987, declaring an EMERGENCY in
the SANDBRIDGE AREA. Said Resolution includes a Federal Statute regarding
Liability which was recommended by the Risk Mangement Division.
The City Manager also requested the City Council convene at 9:30 A.M. on
Tuesday, January 20, 1987, for an EXECUTIVE SESSION regarding the LAKE GASTON
litigation.
January 12, 1987
-7-
C I T¥ MANAGER'S BRIEFING
REVISONS TO COMPREHENSIVE ZONING ORDINANCE SIGN REGULATION
January 15, 1987
Item # 26699
Mr. Robert Loher, Director of Permits and Inspections, advised of a Resolution
referring certain proposed sign regulations to the Planning Commission for
consideration and recommendation. The proposed regulations consist of
amendments to Sections 212, 214, 215, 705, 715, 804, 904, 914, 924, 942, 1004
and a new Section 944.1 of the Comprehensive Zoning Ordinance.
The City Staff has prepared two (2) Ordinances which will impact heavily on the
proposed new sign regulations, and most especially upon the proposed new
Section 944.1, pertaining to sign regulations in the B-4 Resort Commercial
District. These two Ordinances do not amend the Comprehensive Zoning Ordinance
and therefore, do not need to be referred to the Planning Commission nor are
they before City Council at this time.
The first of these two Ordinances would repeal present City Code Sections 3-41
through 3-46, pertaining to signs projecting into City rights-of-way. Under
present law, the Director of Public Works is required to grant approval of
applications for permits to construct signs or other structures projecting over
City Streets or sidewalks unless the sign or structure fails to comply with
applicable building code standards or would, in his opinion, be hazardous or
unsightly. Such means of controlling encroaching signs has proven
unsatisfactory. In light of the lack of effective controls contained in
Sections 3-41 through 3-46, those provisions would be repealed and a new
Section 33-114.1 enacted. Under that Ordinance, only the City Council would
have the authority to allow signs, awnings, marquees or similar structures to
project in, upon, or over any public street, sidewalk or right-of-way.
Violation of the provision would be punishable by a fine of up to $500.00 per
day and the Director of Permits and Inspections, who is charged with the duty
to enforce the Ordinance, would be authorized to pursue a wide variety of civil
remedies. The proposed Section 33-114.1 is, in its entirety, expressly
authorized by Virginia Code Sections 15.1-376 and 15.1-893.
Although the application of Sectoin 33-114.1 would not be limited to any
particular zoning district, its greatest effect would be felt in the B-5 Resort
Commercial District, in which there are, by estimate, approximatley two hundred
(200) encroaching structures.
The Staff, therefore, has brought before City Council a proposed new Section
944.1, which is one of the Oridnances to be considered by the Planning
Commmission pursuant to the present Resolution. This Section sets forth strict
sign regulations applicable to the B-5 Resort Commercial District. Such
controls relate to the number, size, coloring, maintenance and illumination of
signs and further provides that signs may only contain the name of the
establishment advertised thereby. Graphic or pictorial representations are
prohibited.
Pursuant to the Resolution, to be considered also, is an amendment to Section
215, pertaining to nonconforming signs. This amendment provides that signs
shall be considered to be structually altered whenever their copy or
advertising matter is changed.
The remaining Ordinances in City Council's AGENDA primarily impose minimum
frontage requirements for businesses to be entitled to have free-standing
signs.
Assistant City Attorney William Macali assisted City Staff by researching the
requirements and determine the legality for removing existing encroachments. He
believed same would be upheld by the Court if challenged.
January 12, 1987
- 8 -
IT~4 # 26700
Mayor Jones entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
voted to proceed into ~CUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
-9-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 12, 1987
2:10 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, January
12, 1987 at 2:10 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Mrs. Douglas "Go-Go" Barnes
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
January 12, 1987
-10-
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 26701
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
Item III-D.1
ITEM # 26702
Councilwoman Parker referenced the 0ridnance upon application of Ernest L. and
Phyllis A. Hudson for a Change of Zoning from B-3 Central-Business District to
I-1 Light Industrial District on property on the south side of Cleveland Street
beginning at a point 800 feet more or less west of Aragona Boulevard,
containing 14,984.64 square feet (Bayside Borough) and Ordinance upon
application of Beach Crab Associates for a Conditional Use Permit for multiple
family dwellings in the C-1 Arts and Conference District on property on the
west side of Cypress Avenue beginning at a point 50 feet north of 18th Street
(1807 and 1811 Cypress Avenue), containing 1.1 acres (Virginia Beach
Borough).(See Item III-F.l.a. and e. of the PLANNING BY CONSENT AGENDA).
Councilwoman Parker had inquiries concerning the aforementioned items.
Item III-D.2
ITEM # 26703
Councilwoman McClanan referenced an Ordinance upon application of Aqua Sports,
Inc. for a Change of Zoning from A-1 Apartment District to P-1 Preservation
District on property 880 feet more or less west of General Booth Boulevard
beginning at a point 1,800 feet more or less north of South Birdneck Road,
containing 2.93 acres (Princess Anne Borough). (See Item III-F.b. of the
PLANNING BY CONSENT AGENDA)
This item will be pulled for a separate vote.
Item III-D.3
ITEM # 26704
Councilman Balko referenced the Low Bid to Asphalt Roads and Materials Company,
Inc. in the amount of $562,607.54 for the purpose of resurfacing 22.05 lane
miles of highways and streets, adjust 84 entrances at curb lines and provide
pavement marking on 2.01 miles of primary road. (See Item III-H.2 of the
CONSENT AGENDA).
This item will be pulled for a separate vote.
Vice Mayor Oberndorf inquired as to whether she should ABSTAIN relative this
item. Vice Mayor 0berndorf resides on Challedon Drive. The City Attorney
advised she may vote on this particular item.
January 12, 1987
-11 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.4
ITEM # 26705
Councilman Perry referenced the Low Bid to W. F. Oliver and Sons, Inc. in the
amount of $417,839.84 for the installation of streets, drainage and utilities
on Sir John, Reedtown and Old Reedtown Roads. (This project first appeared in
the FY 1983-1987 Capital Improvement Program.) (See Item III-H.2 of the CONSENT
AGENDA).
This item will be pulled for a separate vote.
Item III-D.5
ITEM # 26706
The City Manager referenced an ADD-ON to the City Council Agenda concerning a
Resolution which will Reaffirm and Declare an Emergency in the SANDBRIDGE AREA
of the City of Virginia Beach as a result of the NEW YEAR'S DAY STORM, 1987.
Item III-D.6
ITEM # 26707
Councilman Balko referenced an ADD-ON to the City Council Agenda under NEW
BUSINESS concerning a RECONSIDERATION of Ordinances upon application of THE
BREEDEN COMPANIES for Changes of Zoning. Said Ordinances were DENIED by City
Council on December 22, 1986.
Item II-D.7
ITEM # 26708
Councilman Perry advised he will sponsor Colonel Robert Engesser to speak under
UNFINISHED BUSINESS.
Colonel Engesser later advised the City Clerk he was unprepared at this time.
He will arrange another date with Councilman Perry.
January 12, 1987
Item III-E.1
-12-
MINUTES
ITEM # 26709
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council APPROVED the MINUTES of the INFORMAL & FORR~L SESSIONS of January 5,
1987.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
Item III-F.l.a-g
PUBLIC HEARING
PLANNING
ITEM # 26710
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT ITEMS
a. ERNEST L. AND PHYLLIS A. HUDSON
b. AQUA SPORTS, INC.
c. BROOK BAPTIST CHURCH
d. THE SALVATION ARMY
e. BEACH CRAB ASSOCIATES
f. OWL'S CREEK GOLF CENTER, INC.
CHANGE OF ZONING
CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
January 12, t987
-14-
Item III-F.1.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 26711
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
APPROVED in ONE MOTION Items III-F.l.c., III-F.l.d and III-F.l.f of the
PLANNING BY CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
-15-
Item III-F. 1.a.
PUBLIC HEARING
PLANNING
ITEM # 26712
Attorney Robert Cromwell represented the applicant and responded to
Councilwoman Parker's inquiries concerning said application. Attorney
Cromwell advised he was representing this particular parcel for the third time
although there were slight differences in the intended development. John R.
Pflug, a Statewide Developer of office complex type buildings, had one site
plan which necessitated the demarcation line between the B-3 and I-1 because
no retail is permitted in Industrial. (Ordinance for Changes of Zoning
District Classification from I-1 to B-3 ADOPTED July 8, 1985). Mr. Pflug
decided to back out of his contract. Now, Mr. Hudson is going to develop the
land and has a different site plan for develoment. He wants his industrial
to come up this same side strip to Cleveland Street that is now zoned B-2
subject to conditions. It is still shown as B-3 on Council's map, but his
plan of development would not be permitted in this area. Mr. Hudson wants to
change one small piece to industrial. Mr. Hudson owns the entire parcel of
proeprty back to the Railroad Track.
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of ERNEST L. AND PHYLLIS A. HUDSON for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF ERNEST L. AND PHYLLIS
A. HUDSON FOR A CHANGE OF ZONING FROM B-3 TO I-1
Z01871134 A
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upn application of Ernest L. & Phyllis A.
Hudson for a Change of Zoning District
Classification from B-3 Central-Business District
to I-1 Light Industrial District on certain
property located on the south side of Cleveland
Street beginning at a point 800 feet more or less
west of Aragona Boulevard. Said parcel contains
14,984.64 square feet. Plats with more detailed
informantion are available in the Department of
Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
day of January~ Nineteen Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
Item III-F.l.b
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 26713
Attorney Robert Cromwell represnted the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of AQUA SPORTS, INC. for a Change
of Zoning:
ORDINANCE UPON APLICATION OF AQUA SPORTS, INC. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A=I
TO P-1 Z01871135
BE IT HERE BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Oridnance upon application of Aqua Sports, Inc. for
a Change of Zoning District Classification from A-1
Apartment District to P-1 Preservation District on
certain property located 880 feet more or less west
of General Booth Boulevard beginning at a point
1800 feet more or less north of South Birdneck
Road. Said parcel contians 2.93 acres. Plats with
more detialed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Trees to be cut shall be marked in advance and
reviewed by the City Zoning Administrator prior to
any cutting.
2. There shall be no signs, utilities, lighting or
other disturbance to the vegetation within the
buffer area.
3. Use a four-foot elevation of bank to represent the
beginning of any measurement. In accodance with the
revised zoning plan, the P-1 will be measured 100-
feet landward from the Mean High Water or
approximately at the toe of the bank and shall
follow the contour of the land to the greatest
extent feasible.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
day of January~ Nineteen Hundred and Eighty-seven.
January 12, 1987
-17-
Item III-F.1 .b
PUBLIC HEARING
PLANNING
ITEM # 26713 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
NOne
Council Members Absent:
None
January 12, 1987
-18-
Item III-F.l.c.
PUBLIC HEARING
IT~EM # 26714
PLANNING BY CONSENT
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon application of BROOK BAPTIST CHURCH for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF BROOK BAPTIST CHURCH
FOR A CONDITONAL USE PERMIT FOR A CHURCH ADDITION
R01871003
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Brook Baptist Church
for a Conditional Use Permit for a church addition
on the south side of Wishart Road, 1170 feet more
or less west of North Witchduck Road. Said parcel
is located at 4397 Wishart Road and contains 6
acres. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
day of January~ Nineteen Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
-19-
Item III-F.l.d.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 26715
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon application of THE SALVATION ARMY, a Georgia
Corporation, for a Condtional Use Permit:
ORDINANCE UPON APPLICATION OF THE ~ALVATION ARMY, A
GEORGIA CORPORATION, FOR A CONDITIONAL USE PERMIT
FOR A REHABILITATION CENTER/SANITORIUM R01871004
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Salvation Army, a
Georgia Corporation, for a Conditional Use Permit
for a rehabiltiation center/sanitorium on Lots 13,
14, and the western 55 feet of Lot 15, Milburn
Manor. Said parcel is located at 5560 Virginia
Beach Boulevard and contains 3.5 acres. BAYSIDE
BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
day of January~ Nineteen Hundred and Eighty-seven.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
- 20 -
Item III-F.l.e.
PUBLIC HEARING
PLANNING
ITEM # 26716
George Stephens represented the applicant and advised Councilwoman Parker the
Density would be 36 units per acre
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of BEACH CRAB ASSOCIATES for a
Conditonal Use Permit:
ORDINANCE UPON APPLICATION OF BEACH CRAB ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR MULTIPLE FAMILY
DWELLINGS IN THE C-1 ARTS AND CONFERENCE DISTRICT
R01871005
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Beach Crab Associates
for a Conditional Use Permit for multiple family
dwellings in the C-1 Arts and Conference District
on certain property located on the west side of
Cypress Avenue beginning at a point 50 feet north
of 18th Street. Said parcels are located at 1807
and 1811 Cypress Avenue and contain 1.1 acres.
Plats with more detailed information are available
in the Department of Planning. VIRGINIA BEACH
BOROUGH
The following condition shall be required:
1. Dedication of right-of-way to match the right-of-
way north of 19th Street on Cypress Avenue.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
day of January~ Nineteen Hundred and Eighty-seven.
City Council requested this C-1 Arts and Conference District be examined in
conjunction with the COMPREHENSIVE ZONING ORDINANCE by the Planning Commission.
City Council also requested further recommendations from the Department of
ECONOMIC DEVELOPMENT and the RESORT AREA ADVISORY COMMISSION concerning this
C-1 Arts and Conference District.
January 12, 1987
- 21 -
Item III-F.l.e.
PUBLIC HEARING
PLANNING
ITEM # 26716 (Continued)
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and John L. Perry
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
January 12, 1987
STATEMENT OF CONS~T
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
Beach Crab Associates
Conditional Use Permit
Multiple Family Dwellings in C-1 Arts and
Conference District
January 12, 1987
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
Dedication of right-of-way to match the right-of-way
north of 19th Street on Cypress Avenue.
0wn%r / '
Owner/Attorney/Agent
- 22 -
Item III-F.l.f.
PUBLIC HEARING
PLANNING BY CONSENT
ITEM # 26717
Uon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon application of OWL'S CREEK GOLF CENTER, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF OWL'S CREEK GOLF
CENTER, INC. FOR A CONDITIONAL USE PERMIT FOR
RECREATIONAL FACILITIES OF AN OUTDOOR NATURE
(EXECUTIVE GOLF COURSE) R01871006
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 0wl's Creek Golf
Center, Inc. for a Conditional Use Permit for
recreational facilities of an outdoor nature
(executive golf course) on the west side of South
Birdneck Road beginning at a point 1700 feet more
or less north of Bells Road. Said parcel is
located at 415 South Birdneck Road and contains 71
acres. Plats with more detailed information are
available in the Department of Planning. LYNNHAVEN
BOROUGH.
The folowing condition shall be required:
1. An 18-foot right-of-way dedication along South
Birdneck Road to provide for a four-lane divided
highway with a bikeway per the Master Street and
Highway Plan.
The OWNER or LEGAL REPRESENTATIVE for the Owner has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
day of January~ Nineteen Hundred and Eighty-seven.
January 12, 1987
- 23 -
Item III-F.l.f
PUBLIG FEARING
PLANNING
ITEM # 26717 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
STATEMENT OF CONSENT
APPLICANT:
APPLICATION:
DESCRIPTION:
CITY COUNCIL SESSION:
Owl's Creek Golf Center, Inc.
Conditional Use Permit
Recreational Facililties of an Outdoor
Nature (Executive Golf Course)
January 12, 1987
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNER,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUI~) RECOMMENDED BY 174E VIRGINIA BEACH PLANNING COMMISSION
TO THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS
DATE AS THEY APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE
ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY
ACCEPTS AND AGREES TO:
An 18 foot right-of-way dedication along South Birdneck
RDad to provide for a four lane divided highway with a
bikeway per the Master Street and Highway Plan.
Owner/Attorney/Agent
Date:
- 24 -
Item III-G.1.
RESOLUTION ITEM # 26718
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Perry, City
Council ADOPTED:
Resolution referring certain Amendments to the Sign Regulation of
the CZO to the Planning Commission for action within sixty (60)
days pertaining to:
Ordinances to AMEND the Comprehensive Zoning Ordinance:
Section 212, pertaining to prohibited signs;
Section 214, pertaining to signs (landscaping);
Section 215, pertaining to nonconforming signs;
Section 705, pertaining to sign regulations in
the H-1 Hotel District;
Section 715, pertaining to sign regulations in
the H-2 Resort Hotel District;
Section 804, pertaining to sign regulations in
the 0-1 Office District;
Section 904, pertaining to sign regulations in
the B-1 Business-Residential District;
Section 914, pertaining to sign regulations in
the B-2 Community Business District;
Section 924, pertaining to sign regulations in
the B-3 Central Business District;
Section 942, pertaining to certain zoning
regulations;
Section 944.1, pertaining to sign regulations in
the B-5 Resort Commercial District;
Section 1004, pertaining to sign regulations in
the I-1 Light Industrial District;
Section 1504, pertaining to sign regulations in
the C-1 Arts and Conference District.
Councilman Heischober advised in the H-l, H-2, 0-1, B-l, B-2, B-3 and I-1
Category, the City is requesting the Planning Commission consider no free-
standing sign unless there is 200-foot frontage. 200 x 200 in some parts of
the City, particularly Virginia Beach Boulevard or even Holland Road,
encompasses almost an acre of land which is selling for approximately
$350,000. Councilman Heischober believed the Planning Commission should
strongly consider reducing the frontage from 200-feet and providing some
alternatives.
January 12, 1987
1
2
3
4
5
6
7
8
9
10
11
12
13
14
A RESOLUTION REFERRING CERTAIN
AMENDMENTS TO THE SIGN REGULATION
OF THE COMPREHENSIVE ZONING
ORDINANCE TO THE PLANNING
COMMISSION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16
17
That the proposed Ordinances attached hereto,
consisting of amendments to Sections 212, 214, 215, 705, 715,
18 804, 904, 914, 924, 942, 1004, and 1504 of the Comprehensive
19 Zoning Ordinance and a new Section 944.1 of the Comprehensive
20 Zoning Ordinance are hereby referred to the Planning Commission
21 for consideration and formal action within sixty (60) days from
22 the date of this resolution.
23
24 Adopted by the Council of the City of
25 Virginia, on this 12 day of January
26 WMM/lmt
27 12/02/86
28 CA-02080
29 \ordin\proposed\czo.pro
Virginia Beach,
, 1987.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 212 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO PROHIBITED SIGNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 212 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to prohibited
signs, is hereby amended and reordained to read as follows:
Section 212.
The
districts:
or signal or
Signs prohibited in all districts.
following signs shall be prohibited in all
(a) Signs which imitate an official traffic sign
which contain the words "stop," "go slow,"
"caution," "danger," "warning,"
provided in section 211(d).
(b) Signs which are
content, coloring, or manner
confused with or construed as a
hide from view any traffic
or similar words, except [as]
of a size, location, movement,
of illumination which may be
traffic-control device or which
or street sign or signal or which
obstruct the
intersection.
(c)
provided in
view in any direction at a street or road
Signs in any public right-of-way, except as
section 211(a). S~g~s--p~gee~--~ve~--p~B~
(d) Signs which advertise an
product, or service no longer produced
premises upon which the sign is located.
lessor of the premises is seeking a new tenant, such signs may
activity, business,
or conducted on the
Where the owner or
from the date
moving
or consist of pennants,
of light bulbs, or other
devices, when not part of any
remain in place for not more than ninety (90) days
of vacancy.
(e) Signs which contain
ribbons, streamers, spinners, strings
similar devices. These
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
sign, are similarly prohibited.
(f) Signs which are pasted or attached to utility
poles, trees, or fences, or in an unauthorized manner to walls or
other signs.
(g) Signs advertising activities which are illegal
under federal, state or city laws or regulations.
(h) Any sign displayed on an automobile, truck, or
other motorized vehicle when that vehicle is used primarily for
the purpose of such advertising display.
(i) All portable or nonstructural signs. For purposes
of this ordinance, a sign shall be considered as nonstructural if
it has no permanently mounted, self-supporting structure or is
not an integral part of a building to which it is accessory.
(j) Signs oriented toward the Atlantic Ocean and
Chesapeake Bay beaches except for one sign per zoning lot to
identify the principal use located on that zoning lot. Such
sign, which may be illuminated, shall not have a total surface
area in excess of twenty (20) square feet.
(k) Signs projecting above the roof line or to a
height greater that three-fourths (3/4) of the vertical distance
between the eaves line and ridge line of any other type of roof;
provided, however, that signs mounted on parapet walls may extend
to a height equal to, but no greater than, the height of the
parapet wall.
(e) Signs in violation of Section 33-114.1 of this
Code.
Adopted this day of
Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02070
\Ordin\Proposed\0212CZO.Pro
, 1987, by the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 214 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO CERTAIN SIGNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 214 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to certain
signs, is hereby amended and reordained to read as follows:
Section 214. Height, setback and landscaping.
(a) No free-standing sign shall exceed twelve (12)
feet in height from ground level.
(b) No free-standing sign?-exee~-b~b~ds7 shall be
set back less than seven (7) feet from any existing public right-
of-way~ provided, however, that a free-standing sign having a
height of eight (8) feet or less may
from any such riqht-of-way. The
interstate roadways and expressways
be set back five (5) feet
minimum sign setback from
designated by the city
council shall be one hundred (100) feet.
(c) There shall be a minimum of seventy-five (75)
square feet of landscaped area around any free-standing sign,
which area may include landscaping required by section 5A of the
Site Plan Ordinance. All such landscaping shall be maintained in
good condition at all times by the owner, lessee or occupant of
the premises upon which such sign is located.
Adopted this
day of
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02073
/Ordin/Proposed/0214CZO.Pro
, 1987, by
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 215 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO NONCONFORMING SIGNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 215 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to
nonconforming signs, is hereby amended and reordained to read as
follows:
Section 215. Nonconforming signs.
No nonconforming sign shall be structurally altered,
enlarged, moved or replaced unless the sign is brought into
compliance with the provisions of this ordinance. No
nonconforming sign shall be repaired at a cost in excess of fifty
(50) percent of its current replacement cost until the same shall
be brought in compliance with the provisions of this ordinance by
the landowner. All nonconforming signs in any district which are
not maintained in a continuous state of good repair and/or all
nonconforming signs which are abandoned for a period of two (2)
years shall be removed. For purposes of this ~amee section,
a sign shall be considered as abandoned if no copy or advertising
matter is exhibited on the advertising faces of the sign, and
shall be considered to be structurally altered whenever such copy
or advertising matter is changed.
Adopted this day of
Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02068
\Ordin\Proposed\0215CZO.Pro
, 1987, by the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 705 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE H-1 HOTEL DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 705 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 705. Sign regulations.
(a) Within the H-1 Hotel District the same regulations
as apply in the R-1 Residential District and the A-1 Apartment
District shall apply and in addition:
(1) For each twenty (20) feet of principal frontage
adjacent to a street and for each forty (40) feet of lot line
adjoining a street, but not constituting frontage, not more than
one sign and not more than forty (40) square feet of surface
area; provided, however, that no establishment may have more than
four (4) signs of which one may be a free-standing sign. A
minimum frontage of two hundred (200) feet shall be required for
any establishment to have a free-standing sign. No free-standing
sign shall exceed two (2) faces, neither of which shall exceed
seventy-five (75) square feet of surface area, and no sign of any
other type shall exceed one hundred fifty (150) square feet of
surface area. Any establishment or property having less frontage
or lot line adjoining a street than required above may have one
sign not exceeding thirty (30) square feet of surface area.
(2) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than 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 more than four
(4) such signs shall be erected on any property. Any property
44
45
46
47
48
49
5O
51
52
53
54
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
(b) All other uses shall have sign regulations as
specified in the district where the use is
principal use.
Adopted this day of
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02071
\Ordin\Proposed\0705CZO.Pro
first permitted as a
, 1987, by
2
1
2
3
4
5
6
7
8
9
10
12
13
14
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 715 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
That Section 715 of the Comprehensive Zoning Ordinance
17 of the City of Virginia Beach, Virginia, pertaining to sign
18 regulations, is hereby amended and reordained to read as follows:
19 Section 715. Sign regulations.
20
Within the H-2 Resort Hotel District sign regulations
21
22
23
shall be as permitted in the H-1 Hotel District; provided,
however, that no establishment shall have a free-standing sign
unless it has a minimum of one hundred fifty (150) feet of
24 frontaqe.
25
26 Adopted this day of
, 1987, by the
27 Council of the City of Virginia Beach, Virginia.
28
29
30
31
WMM/lmt
12/01/86
CA-02081
\Ordin\Proposed\0715CZO.Pro
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
4O
41
42
43
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 804 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE O-1 OFFICE DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 804 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 804. Sign regulations.
Within the O-1 Office District the following sign
regulations shall apply:
(a) For each forty (40) feet of principal frontage
adjacent to a street and for each eighty (80) feet of lot line
adjoining a street, but not constituting frontage, not more than
one sign and not more than thirty-two (32) square feet of surface
area shall be permitted; provided, however, that no establishment
may have more than two (2) signs of which one may be a free-
standing sign. A minimum frontage of two hundred (200) feet
shall be required for any establishment to have a free-standing
sign. No free-standing sign shall exceed two (2) faces, neither
of which shall exceed seventy-five (75) square feet of surface
area, and no sign of any other type shall exceed one hundred
fifty (150) square feet of surface area. Any establishment or
property having less frontage or lot line adjoining a street than
required above may have one sign not exceeding thirty-two (32)
square feet.
(b) Where there is an established office or
institutional park containing five (5) or more establishments and
a minimum of forty thousand (40,000) square feet of land area,
there shall be permitted one center identification sign for each
principal entrance not exceeding two (2) faces, neither of which
shall exceed one hundred (100) square feet of surface area.
Where there is an established office or institutional park
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
containing at least ten (10) establishments and a minimum of
fifteen (15) acres of land, there shall be permitted one center
identification sign for each principal entrance not exceeding two
(2) faces, neither of which shall exceed one hundred fifty (150)
square feet of surface area.
(c) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than 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 more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
Adopted this
day of , 1987, by the
Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02072
\Ordin\Proposed\0804CZO.Pro
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 904 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE B-1 BUSINESS-RESIDENTIAL
DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 904 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 904. Sign regulations.
In the B-1 Business-Residential District Signs shall be
permitted as follows:
(a) For each forty (40) feet of principal frontage
adjacent to a street and for each eighty (80) feet of lot line
adjoining a street, but not constituting frontage, not more than
one sign and not more than thirty-two (32) square feet of surface
area; provided, however, that no establishment may have more than
three (3) signs of which one may be a free-standing sign. A
minimum frontage of two hundred (200) feet shall be required for
30
31
32
33
34
35
36
37
38
39
40
41
42
43
any establishment to have a free-standing sign. No free-standing
sign shall exceed two (2) faces, neither of which shall exceed
seventy-five square feet of surface area, and no sign of any
other type shall exceed one hundred fifty (150) square feet of
surface area. Any establishment or property having less frontage
or lot line adjoining a street than required above may have one
sign not exceeding thirty-two (32) square feet.
(b) In connection with multiple-family dwellings, the
sign regulations applicable to the A-1 Apartment District shall
apply.
(c) Where there is an established neighborhood
commercial center containing five (5) or more establishments and
a minimum of forty thousand (40,000) square feet of land area,
one center identification sign for each principal entrance not
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
exceeding two (2) faces, neither of which shall exceed one
hundred (100) square feet of surface area. Such identification
sign shall specify only the name of the center.
(d) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than 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 more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding sixteen (16) square feet of surface area.
(e) Beacon lights or search lights may be permitted
for advertising purposes for special events.
(f) To facilitate occupancy in a new neighborhood
shopping center containing a minimum of forty thousand (40,000)
square feet of land area, one temporary sign may be erected not
to exceed one hundred (100) square feet of surface area. Such
sign shall be removed when seventy (70) percent of the property
is occupied or leased, or after a period of twenty-four (24)
months, whichever comes first.
Adopted this day of
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-002074
~Ordin\proposed\0904CZO.Pro
, 1987, by
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 914 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE B-2 COMMUNITY BUSINESS DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 914 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 914. Sign regulations.
In the B-2 Community Business District the following
regulations shall apply:
(a) For each forty
adjacent to a street and for
(40)
feet of principal frontage
each eighty (80) feet of lot line
adjoining a street, but not constituting frontage, not more than
one sign and not more than sixty (60) square feet of surface
area; provided, however, that no establishment may have more than
three (3) signs of which one may be a free-standing sign. ~
minimum frontage of two hundred (200) feet shall be required for
3O
31
32
33
34
35
36
37
38
39
40
41
42
43
any establishment to have a free-standing sign. No free-standing
sign shall exceed two (2) faces, neither of which shall exceed
seventy-five (75) square feet of surface area, and no sign of any
other type shall exceed one hundred fifty (150) square feet of
surface area. Any establishment or property having less frontage
or lot line adjoining a street than required above may have one
sign not exceeding forty (40) square feet.
(b) Where there is an established neighborhood
commercial center containing five (5) or more establishments and
a minimum of forty thousand (40,000) square feet of land area,
one center identification sign for each principal entrance not
exceeding two (2) faces, neither of which shall exceed one
hundred (100) square feet of surface area. Where there is an
established community or regional commercial center containing a
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
minimum of ten (10) establishments and fifteen (15) acres of
land, one center identification sign for each principal entrance
not exceeding two (2) faces, neither of which shall exceed one
hundred fifty (150) square feet of surface area. Any such center
identification sign shall specify only the name of the center.
(c) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than 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 more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
(d) On unimproved property, for each two hundred (200)
feet of frontage not more than one outdoor advertising sign and
not more than three hundred (300) square feet of surface area
shall be permitted.
(e) Beacon lights or search lights may be permitted
for advertising purposes for special events.
(f) To facilitate occupancy in a community commercial
center containing a minimum of fifteen (15) acres of land, one
temporary sign may be erected not to exceed two (2) faces,
neither of which shall exceed one hundred fifty (150) square feet
of surface area. In a regional commercial center containing a
minimum of thirty (30) acres of land, one temporary sign may be
erected not to exceed two (2) faces, neither of which shall
exceed two hundred (200) square feet of surface area. Sign~
shall be removed when seventy (70) percent of the property is
occupied or leased, or after a period of twenty-four (24) months,
whichever comes first.
Adopted this
day of
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02075
~Ordin\Proposed\0914CZO.Pro
, 1987, by
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 924 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE B-3 CENTRAL BUSINESS DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 924 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 924. Sign regulations.
In the B-3 Community Business District the following
regulations shall apply:
(a) For each forty (40) feet of frontage adjacent to a
street and for each eighty (80) feet of lot line adjoining a
street, but not constituting frontage, not more than one sign and
not more than sixty (60) square feet of surface area; provided,
however, that no establishment may have more than three (3) signs
of which one may be a free-standing sign. A minimum frontage of
two hundred (200) feet shall be required for any establishment to
have a free-standing sign. No free-standing sign shall exceed
two (2) faces, neither of which shall exceed seventy-five (75)
square feet of surface area, and no sign of any other type shall
exceed one hundred fifty (150) square feet of surface area. Any
establishment or property having less frontage
adjoining a street than required above
exceeding forty (40) square feet.
(b) Where there is an
may have
or lot line
one sign not
commercial center containing five (5) or
a minimum
one center
exceeding two (2) faces,
hundred (100) square feet
established community or
more establishments and
of forty thousand (40,000) square feet of land area,
identification sign for each principal entrance not
neither of which shall exceed one
of surface area. Where there is an
regional commercial center containing
established neighborhood
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
ten (10) or more establishments and a minimum of fifteen (15)
acres of land, one center identification sign for each principal
entrance not exceeding two (2) faces, neither of which shall
exceed one hundred fifty (150) square feet of surface area. Any
such center identification sign shall specify only the name of
the center.
(c) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than 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 more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
Adopted this
day of
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02076
/Ordin/Proposed/0924CZO.Pro
, 1987, by
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 942 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO CERTAIN ZONING
REGULATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
That Section 942 of the Comprehensive Zoning Ordinance
18 of the City of Virginia Beach, Virginia, pertaining to certain
19 zoning regulations, is hereby amended and reordained to read as
20 follows:
21 Section 942. Regulations pertaining to minimum lot areas, lot
22
width, density, s~§ns? and height.
23
In regard to minimum lot areas, lot width, density,
24 s~ms7 and height, this district shall be governed by the same
25 regulations which govern the B-4 Resort Commercial District.
26
27 Adopted this day of , 1987, by the
28 Council of the City of Virginia Beach, Virginia.
29
30
31
32
WMM/lmt
12/01/86
CA-02078
\Ordin\Proposed\0942CZO.Pro
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 944.1 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE B-5 RESORT COMMERCIAL DISTRICT
WHEREAS, the B-5 Resort Commercial District comprises a
substantial and central portion of the City's resort area; and
WHEREAS, the resort area is a unique and invaluable
asset to the City and to the City's residents as a place offering
a variety of recreational activities and as a center of tourism
generating substantial revenue to promote the general welfare of
the City and its residents; and
WHEREAS, the revitalization of the resort area and its
continued viability as a center of tourism and recreation will be
promoted by enhancing the aesthetic qualities of the resort area;
and
WHEREAS,
characteristics of
the number, size, design and other
signs in the B-5 Resort Commercial District
have a significant impact upon the attractiveness of the resort
area to tourists and residents of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 944.1 of the Comprehensive Zoning
Ordinance of the City of Virginia Beach, Virginia, pertaining to
sign regulations, is hereby added to read as follows:
Section 944.1. Sign regulations.
(a) The B-5 Resort Commercial District is hereby
37
38
39
40
41
42
43
declared a special sign district, in which the followin¢
regulations shall apply. The provisions of this section shall be
in addition to, and not in lieu of, any other ordinance or
regulation pertaining to signs, and to the extent that any
provision of this section conflicts with any other ordinance or
regulation, the provision of this section shall control.
44
45
46
47
48
shall:
(b) Within the B-5 Resort Commercial District, no sign
(1) Contain any matter other than the name of the
establishment advertised thereb¥~
(2) Contain more than two (2) colors other than the
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
color white~
(3) Contain or consist of any graphic or pictorial
representation of any kind;
(4) Contain, consist of, be illuminated by, or be
attached or connected to any moving, flashing,
blinking, alternating or pulsating lights or lights
changing in intensity, except lights indicating the
temperature or time of day in alternating cycles of not
less than five seconds~
(5) Contain, consist of, be illuminated by, or be
attached or connected to any neon lighting or similar
means of illumination, and no sign shall be illuminated
in any manner unless the source of such illumination is
concealed from common observation and positioned or
shaded in such manner that the light therefrom is not
directed at adjacent properties or public ways; or
(6) Be permitted to remain in a state of disrepair or
deterioration for any period of time longer than is
necessary to effect the repair or restoration of such
sign. For purposes of this section, the terms
"disrepair" and "deterioration" shall include, but not
be limited to, the chipping, cracking, peeling or
excessive
damage to
any sign.
(c) No sign located on
behind any window in such manner as to
fading of paint or other coloration, and
the advertising face or other component of
or in any window, or located
attract the attention of
76
77
78
persons outside of the establishment, shall have a surface area
greater than twenty percent (20%) of the surface area of such
window.
2
79
8O
(d) No illuminated window display shall be located
within three (3) feet of the window in which such display is
81
82
83
84
85
86
87
88
89
9O
91
92
93
94
95
96
97
98
99
100
101
102
103
located.
(e) For each forty (40) feet of principal frontage
adjoining a street, and for each eight (80) feet of lot line
adjoining a street but not constituting frontage, an
establishment may have not more than one sign and not more than a
total of sixteen (16) square feet of surface area of signage~
provided, however, that no establishment shall have more than two
(2) signs of which one may be a free-standing sign. A minimum
frontage of one hundred fifty (150) feet shall be required for
any establishment to have a free-standing sign. No free-standin¢
sign shall exceed two (2) faces, neither of which shall exceed
thirty-two (32) square feet of surface area, and no sign of any
other type shall exceed seventy-five (75) square feet of surface
area. Any establishment having less frontage or lot line
adjoining a street than is required hereinabove may have one (1)
sign not exceeding sixteen (16) square feet of surface area.
(f) Sign regulations pertaining to multiple-family
dwellings shall be the same as those applying in the A-1
Apartment District.
(g) Where there is an established neighborhood
commercial center containing at least five (5) establishments and
at least forty thousand (40,000) square feet of land area, there
shall be not more than one (1) center identification sign for
104 each principal entrance. No such sign shall have more than two
105
106
(2) faces, neither of which shall exceed thirty-two (32) square
feet of surface area. Such center identification sign shall
107
108
109
110
111
112
113
contain only the name of the center.
(h) Signs advertising property for sale, lease or rent
shall be permitted~ provided, however, that no such sign shall
exceed sixteen (16) square feet in surface area. Not more than
two (2) signs shall be permitted for any property having more
than one hundred (100) feet of lot line at the street right-of-
way, and any property having less than one hundred feet of such
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
lot line shall have no more than one
(16) feet of surface area.
(i) Beacon lights
sign not exceeding sixteen
or search lights may be permitted
for purposes of advertisement of special events for a period not
in excess of forty-eight (48) hours.
(j) To facilitate occupancy in a new neighborhood
least forty thousand (40,000)
shall be not more than one (1)
exceed thirty-two (32) square
commercial center containing at
square feet of land area, there
temporary sign, which shall not
feet of surface area. Such sign shall be removed when seventy
percent (70%) of the property is occupied or leased or after a
period of twenty-four (24) months, whichever event first occurs.
Adopted this
day of , 1987, by
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/02/86
CA-02085
/Ordin/Proposed\0944-1.Pro
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 1004 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE I-1 LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 1004 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 1004. Sign regulations.
In the I-1 Light
permitted as follows:
(a) For each forty
adjacent to a street and for
Industrial District signs shall be
(40) feet of principal frontage
each eighty (80) feet of lot line
adjoining a street, but not constituting frontage, not more than
two (2) signs and not more than eighty (80) square feet of sign
surface area; provided, however, that no establishment may have
more than four (4) signs of which one may be a free-standing
sign. A minimum frontage of two hundred (200) feet shall be
required for any establishment to have a free-standing sign. No
free-standing sign shall exceed two (2) faces, neither of which
shall exceed one hundred fifty (150) square feet of surface area,
and no sign of any other type shall exceed one hundred fifty
(150) square feet of surface area. Any establishment or property
having less frontage or lot line adjoining a street than required
above may have one sign not exceeding sixty (60) square feet.
(b) Where there is an established industrial park
containing three (3) or more establishments and a minimum of ten
(10) acres of land area, one park identification sign for each
principal entrance or frontage not exceeding two (2) faces,
neither of which shall exceed one hundred fifty (150) square feet
of surface area. Where there is a major established industrial
park containing three (3) or more establishments and a minimum of
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
thirty (30) acres of land area, one park identification sign not
exceeding two (2) faces, neither of which shall exceed two
hundred (200) square feet. Such identification sign shall
specify only the name and address of the park, and the names of
individual tenants occupyin~ ~uch parks.
(c) Beacon lights or search lights may be permitted
for advertising purposes for special events.
(d) Signs advertising property for sale, lease or
rent, provided that no such sign shall exceed thirty-two (32)
square feet in area, that not more than 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 more than four (4) such signs
shall be erected on any property. Any property having less
frontage or lot line adjoining a street may have one sign not
exceeding thirty-two (32) square feet of surface area.
(e) To facilitate occupancy in new industrial parks, a
temporary sign may
facilitate occupancy.
of ten (10) acres
be erected at each principal entrance to
In an industrial park containing a minimum
of land area, one sign at each principal
entrance may be erected not to exceed two (2) faces, neither of
which shall exceed one hundred fifty (150) square feet of surface
area. In a new major industrial park containing a minimum of
thirty (30) acres of land area, one sign at each principal
entrance may be erected not to exceed two (2) faces, neither of
which shall exceed two hundred (200) square feet. Signs must be
removed when seventy (70) percent of the property is occupied or
leased, or after a period of twenty-four (24) months, whichever
comes first.
(f) On unimproved property, for each two hundred (200)
feet of frontage not more than one outdoor advertising sign and
not more than five hundred (500) square feet of surface area.
Adopted this day of , 1987, by
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/01/86
CA-02077
/Ordin/Proposed\1004CZO.Pro
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 1504 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SIGN REGULATIONS IN
THE C-1 ARTS AND CONFERENCE
DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 1504 of the Comprehensive Zoning Ordinance
of the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 1504. Sign regulations.
Within a the C-1 Arts and Conference District the
following regulations shall apply:
(a) For each forty (40) feet of principal frontage
adjacent to a street and for each eighty (80) feet of lot line
adjoining a street, but not constituting frontage, not more than
one sign and not more than thirty-two (32) square feet of surface
area; provided~ however, that no establishment may have more than
four (4) signsz of which one may be a free-standing sign. A
minimum frontage of ~y--+~e~ one hundred fifty (150) feet ~s
shall be required for any establishment to have a free-standing
sign ~7--~--~he--ease--~-~-h~e~-mo~e~-~he-m~m~m-~~§e
~e~u~emem~-~o~-a-~ee-s~am~n~--s~n-sha~--be-seve~y-~e-%~+
~ee~. No free-standing sign shall exceed two (2) faces, neither
of which shall exceed seventy-five (75) square feet of surface
areaL and no sign of any other type shall exceed one hundred
fifty (150) square feet of surface area. Any establishment or
property having less than forty (40) feet of frontage or lot line
adjoining a street may have one sign
(32) square feet.
(b) Where there is an
not exceeding thirty-two
established neighborhood
commercial center containing five (5) or more establishments and
a minimum of sixty thousand (60) square feet of land area, one
center identification sign for each principal entrance not
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
64
be erected for each
street right-of-way
shall be erected on
exceeding two (2) faces, neither of which shall exceed one
hundred (100) square feet of surface area. Such identification
sign shall specify only the name of the center.
(c) Signs advertising property for sale, lease or
rent, provided that no such sign shall exceed thirty-two (32)
square feet in area, that not more than two (2) such signs shall
one hundred (100) feet of lot line at the
and that not more than four (4) such signs
any property.
frontage or lot line adjoining a
exceeding sixteen (16) square feet of surface area.
(d) Beacon lights or search lights may
for advertising purposes for special events.
Any property having less
street may have one sign not
be permitted
Adopted this
day of
the Council of the City of Virginia Beach, Virginia.
WMM/lmt
12/02/86
CA-02079
/Ordin/Proposed\1504CZO.Pro
, 1987, by
2
STAFF REPORT: THE REMOVAL OF
PROJECTING SIGNS AND OTHER
STRUCTURES AND THE ENACTMENT
OF NEW SIGN REGULATIONS IN THE
B-5 RESORT COMMERCIAL DISTRICT
The Department of Permits and Inspections, in conjunction
with the Office of the City Attorney, has formulated a compre-
hensive set of ordinances intended to improve dramatically the
appearance of the Resort Area. The proposed regulations, con-
sisting of three (3) ordinances, would repeal the present City
Code provisions relating to authorization for encroaching signs,
transfer the authority to approve or disapprove such signs and
other structures to City Council, provide means of enforcement,
both civil and criminal, against signs, awnings, marquees, and
similar appendages to buildings which encroach in, over, or upon
public streets and
provide strict sign
District.
Whether or not
west side of Atlantic
sidewalks without prior authorization, and
controls in the B-5 Resort Commercial
the clutter of projecting signs along the
Avenue and other areas within the B-5
Resort Commercial District is the result of the lack of enforce-
able ordinances controlling the proliferation of such signs, it
is evident that present City Code provisions are wholly inade-
quate as a means of regulating the number, size, and appearance
of projecting signs and other structures. The need, however, for
such controls is manifest. A recent visual survey of the B-5
district revealed, by rough estimate, approximately two hundred
(200) signs, awnings, marquees, and similar structures encroach-
ing into or over the public ways.
notably signs,
illuminated by
the structure.
Many of those structures, most
are garish, offensive, and tacky. Many are
flashing lights or by bare light bulbs outlining
Others are in disrepair, conveying an image of
decay and deterioration. Such features, combined with the number
and concentration of projecting signs, seriously detract from the
desirability of the Resort Area as a center of recreation and
tourism. It has been suggested that the City's appeal as a
resort is in decline, and that such deterioration is likely to
continue without a program for revitalization. Initial Report of
the Virginia Beach Resort Area Advisory Commission at 1 (October
22, 1984). While there may be those who do not fully agree with
that assessment, there can be no quarrel with the conclusion that
any enhancement of the aesthetic appeal of the Resort Area would
not only serve to help fulfill the ideal of an attractive and
harmonious community but would promote tourism and the resulting
benefits, economic and. otherwise, to the City and its citizens.
At the present time, Sections 3-41 through 3-46 of the City
Code are the controlling provisions relating to signs and other
structures projecting over public streets and sidewalks. Briefly
stated, the provisions require that such signs and other struc-
tures may project over streets or sidewalks only if prior
approval has been granted by the Director of Public Works. The
Director, however, is required to grant such approval if the
proposed structure complies with the conditions specified in the
building code, "unless in his opinion the proposed construction
2
would be hazardous to the safety or welfare of the inhabitants of
the city or would be unsightly .... " Section 3-44. The quoted
language presents two barriers to the effective control of
projecting signs. First, if a projecting sign complies with the
standards of the building code, it is unlikely that it would
present a safety hazard. Secondly, the term "unsightly" is
totally subjective and devoid of objective guidelines which could
be applied by the Director. That portion of the Ordinance,
therefore, appears to violate the constitutional mandate that an
ordinance must be certain and definite and not vague and uncer-
tain; in short, the ordinance could not be used to deny a permit
for a projecting sign because the sign is unsightly. Thus, if a
projecting sign or other
standards, there is no
Such minimal control over
factory.
In order to provide an
projecting signs, awnings, and
structure conforms with building code
choice but to allow it to be erected.
encroaching signs is highly unsatis-
enforceable means of eliminating
like structures encroaching into
the public ways, the adoption of new City Code Section 33-114.1
is proposed. The Ordinance provides that it shall be unlawful
for any person to erect or maintain, or to cause or allow to be
erected or maintained, any sign, awning, marquee, or similar
structure which encroaches, wholly or partly, in, upon, or over
any public street, unless prior authorization has been obtained
from the City Council or pursuant to the administrative process
specified in Section 33-114. The Ordinance would encompass
existing encroachments not previously authorized, but would allow
a period of six (6) months for the encroachments to be removed.
The section also sets forth the procedure by which the Director
of Permits and Inspections is to enforce the Ordinance.
Under the proposed enactment, the City would have the option
of pursuing its choice of any one or more means of enforcing the
Ordinance. Failure to comply with a notice to remove an
encroachment or the encroaching portion thereof within the period
of time specified in the notice would constitute a Class 3 mis-
demeanor, punishable by a
Dollars ($500.00), and each
deemed a separate offense.
fine of not more than Five Hundred
day's continued violation would be
In addition thereto, the City would
be entitled to seek an injunction against the continuing viola-
tion of the Ordinance. It would be authorized to remove, or
contract for the removal of, the encroachment and charge the cost
to the owner. If payment is not made, such cost would be
collected as delinquent real estate taxes are collected. As an
additional remedy, the person responsible for maintaining or
erecting the encroaching structure may be charged compensation
for the use of the City's property.
criminal or civil, are cumulative, and
pursue any or all of them.
Ail of the remedies,
the City may choose to
It should be noted that the City's power to ~nact the
proposed Ordinance is clearly and expressly conferred upon it by
Virginia Code Section 15.1-376, providing that cities may allow
encroachments within such limitations as they may prescribe and
4
that any such permission "shall be held and deemed to be a
license merely and shall be revocable at the pleasure of such
cities .... " Authority to prohibit encroachments and to enact the
enforcement provisions of Section 33-114.1 is set forth in
Virginia Code Section 15.1-893. A copy of both statutes is
attached.
Very few, if any, of the projecting signs and other
encroaching structures in the B-5 Resort Commercial District have
received authorization to encroach over the street. Thus, it is
felt that the enactment of the proposed Ordinance would, if pro-
perly enforced, result in the removal of the vast majority of
such signs and other structures. It is also felt that the
aesthetic qualities of the Resort Area would be dramatically
improved, thereby enhancing the attractiveness of the area as a
center of tourism and recreation.
It is evident that the removal of projecting signs, awnings,
marquees, and similar structures would be of less than full
benefit to the City and its residents if no further regulations
governing signs were adopted. A sign need not project over the
street to project a "honky-tonk" image. For that reason, it is
proposed that the City Council declare the B-5 District a special
sign district and enact special sign regulations applicable to
it. The concept of a special sign district is by no means
unique; many cities throughout the nation have adopted such
legislation and, in Virginia, both Fairfax County and the City of
Charlottesville have taken such an approach. Virginia Code
Section 15.1-489 states that zoning ordinances shall be designed
"to facilitate the creation of a convenient attractive and
harmonious community" and "to encourage economic development
activities that provide desirable employment and enlarge the tax
base"; the proposed B-5
purposes well.
As stated, the intent
enhance the attractiveness
District sign regulations serve such
of the proposed Ordinances is to
of the Resort Area, not simply for
purely aesthetic reasons but for economic ones as well. To that
end, proposed Section 944.1 of the Comprehensive Zoning Ordinance
regulates 'the size, number, illumination, and certain design
characteristics of signs in the B-5 Resort Commercial District.
Such regulations supplement, and do not replace, the CZO's sign
regulations of general application.
The Ordinance establishes a formula for determining the
total sign allowance of
(40) feet of frontage
adjoining a street but
any one establishment. For each forty
and for each eighty (80) feet of lot line
not constituting frontage, an establish-
ment may have sixteen (16) square feet of sign area. If an
establishment lacks the required frontage, it may have one sign
not exceeding sixteen (16) square feet in area. Thus, a business
having forty (40) feet of the former and eighty (80) feet of the
latter would be entitled to thirty-two (32) square feet of total
sign area. The allowance would be substantially reduced from the
present allowance, under which the same establishment would be
permitted to have sixty-four (64) feet of total sign area. In
6
that the B-5 District is an area of primarily
however, the
light of the fact
pedestrian and slow-moving vehicular traffic,
reduced allowance is justified; signs will be smaller but
business establishments will remain easily visible.
The ordinance provides that no establishment shall have more
than two signs, one of which may be a free-standing sign. No
sign may exceed seventy-five (75) square feet of surface area.
In order to have a free-standing sign, a business must have a
minimum frontage of one hundred fifty {150) feet, and no free-
standing sign may exceed thirty-two (32) square feet. Again,
because of the nature of pedestrian and vehicular traffic, the
restrictions are reasonable and strike a nice balance between the
appearance of the area and the needs of the merchants having
business there.
Certain design characteristics of signs are regulated by the
ordinance- Only the name of the business may be contained in the
sign, and graphics or pictorial representations are prohibited.
The ubiquitous representations of hot dogs, ice cream cones, and
the like will thereby be eliminated or at least reduced, signs
will be limited to two colors other than the color white, and
strict controls will be placed on the illumination of signs by
prohibiting flashing, blinking, or otherwise intermittent lights.
Bare neon signs will be prohibited, and sources of illumination
of any kind must be concealed and shaded so as to avoid casting
light upon adjacent buildings and the street. Window signs will
be limited to twenty percent (20%) of the area of the window, and
interior window displays which are illuminated are required to be
located at least three (3) feet inside the window.
The Ordinance also requires that signs be maintained in good
repair. Cracking, peeling, chipping, fading, or damaged signs
must be repaired or replaced as soon as reasonaDly possible.
In conjunction with the proposed B-5 District sign regula-
tions, certain other proposed amendments have been drafted. Of
major significance is an amendment to Section 215 of the Compre-
hensive Zoning Ordinance, pertaining to nonconforming signs. The
amendment provides that signs
turally altered whenever the
sign is changed. Thus, the
changing of
shall be considered to be struc-
advertising copy exhibited on the
advertising copy would
trigger the requirement that the sign be brought into compliance
with applicable sign regulations. The amendment would have the
effect of hastening the replacement of nonconforming signs and,
in addition, comports with recent action concerning the replace-
ment of signs in other areas of the City. This approach, it is
felt, is equitable as well as effective.
The enhancement of the Resort Area's image, admittedly, will
not be accomplished solely as the result of the enactment of the
proposed Ordinances, nor is it likely that substantial improve-
ment will become discernible overnight. While it is anticipated
that a substantial number of projecting signs and other struc-
tures will be removed voluntarily, a substantial number of others
will probably need to be the subject of legal action by the City.
It is felt, however, that the Ordinances are fair, reasonable,
clear, and enforceable, and that the City would prevail in any
legal action Challenging their validity. The Ordinances are the
products of considerable time, thought, and research, and their
adoption can only serve to enhance the image of the City of
Virginia Beach'and its Resort Area and to benefit the residents
of the City.
Permits & Inspections
Pa .tr~ ~Jarfezeck
Per~s & Inspections
- Willfam M. Macali'
Assistant City Attorney
15. I -376
illUlliCilhdllX t(~ld*'t'l'e'd I).~ ,ll'l VII, ~
(~'¢)li.,~tiltltll~lT I- not [tl't'i'~,tl'l~? ii) iH. t't'K;lldt'tJ
MHclI) -pc.~kLB~. ~l po~(.r t~, ~(]llll-~lcl
Ih~ ill)~(.ltuu ,d' oLh('l~ I)l~Lill cxtn'~'~bm, m .Id(Il-
thru h) ~us'h .u't. VII. ~ .n. lt., cIIIllllttllll~
of t~*' ~t,iL~ t~) ~Up['l'Vi~c end re,el,de
chal'ge~ tbr the I'ULUI't'. Lo tilt' ¢.nd that they may
be kept rr.~.unal)le and just under
cond~mn~, wdl not he hcht ~. h~vc
Cit) (A'Clfft,,n F()r~e. [25 Va. 46~. 99 S.E. 723
(1919L Section lg5 uf the L:(m~ti~utiuJ~ and
13 I .Iii',' .,mi I.-, I Al I (,I thy (',,d,' d,,
c,,m r~wl ~ fi~r thc s~ h.h. h';mchl-*' I,.r~,,,I Hul -~.,'
'l',,xXll ,,1 Vit'll)r'l;I ~. Ytt'ttJrl,i h,'. I.tght &
1',,. 13t ~,t. I;I.I. I11 S.E. 'A~ '1H22'. h,,I,hng
I}hll .t I'~11(' l'lM'd I)x ,t If~lllt'hl-,' ~l,tllD'd
The genernl provisions for the obtaining
of consent ,,fa ell3 bel~q'e it- ~ll'('~.t.- ,trill
d~)t's ~ot ah)nc glxe it the i'~ht h, pr(.~cr~ht,
I'dle~, City of Richm-nd v. X'ir~m~a Ry. &
P.wer{_',,. 141 Va 6¢. 12BS.E. 353
ii .1&.1-376. Cities and towns may permit awnings, fire escapes, etc., to
overhang streets. -- Any incorporated city or town may adopt ordinances
authorizing owners or occupants of property abutting upon an5' streets or alleys
therein, within such limitations as the)' may prescribe, to construct and
maintain in, upon and over such streets and alleys, awnings, fire escapes,
shutters, signs, cornices, gutters, downspouts, bay windows and other
appendages to buildings; but such authority or permission so granted shall be
held and deemed to be a license merely and shall be revocable at the pleasure
of such cities or towns or of the General Assembly. Nothing herein contained
shall b~ construed to relieve such owners from liability for any negligence on
their part. ~Code 1950, § 15-775; 1962. c. 623.)
Law Review. -- For yurvey of Virginia law
on property for the y'ear 1978-1979. see 66
L. Rev. :t39,19,~0,.
§ 15.1-376.1. Counties, cities and towns may sell or lease airspace over
public streets, ways, etc., under certain conditions. -- Subject to the provi-
sions of Article VII. § 9. of the Constitution of Virginia when applicable, the
governing body of every county, city and town mav, by ordinance, authorize the
sale or lease oi' the air~pace over or under any pu61ic street, lane, alley or other
way 'in such county, city and town owned by it in fee simple: provided, however,
that any building, structure or appurtenance thereto, constructed over an)'
such street, lane, alley or other wa)' shall have a minimum clearance of sixteen
feet and providing further that nothing herein shall be construed to relieve any
such grantee or lessee of such airspace of the liability for negligence on their
part. No such ordinance shall be adopted until the g6verning body has held a
public hearing thereon after public notice as provided in § 15.1-431. In addi-
tion, in those public ways in which the Commonwealth has a prescriptive
easement for maintenance and public travel, the air~l~ace shall be conveyed or
leased only with the consent, in writing, of the State rtighway and Transporta-
tion Commissioner.
SEould the construction of any building or structure in any such airspace
require the relocation of' any uti[ltv, the cost of such relocation shall be borne
by the grantee or lessee, t 1964, c. ~73: 1966, c. 44; 1970, c. 570: 1979, c. 431.1
§ 15.1-377. Cities and towns ma.',' permit existing encroachments. -- It
shall be lawful tbr the councils or other governing bodies of cities and towns
to adopt ordinances authorizing owners {)f buildings m' structures encroaching
193
Law iievic~v. I',,~ w,l-.'kul'm~ Sut.l~- I'n~,~l') .~., :;1 kV,:.-~ a 1,.~ I. ]O'v 1223
~ 15.1-889.1. Temporary closing of streets in ccrlain circumstances. ~
The city manager of any cilt' (n' if there be nont', lht. n the mayor thereof, may
tempm~arily close any street'irt such city when m hi~ judgmt'nt lhe puI~[ic safety
so requires. Such lempm'ary ch)sing l~v lhl' cilv n~;magt, r or mayor shall not
extend pa~t thc time of lhe ilexl llleet'ing o[' l~c g~x't,l'nll:~ t~otiy of such city.
t1970, c. 529
~ 15.1-890. Streets, highways, etc., without the municipal corporation,
~ A municipal corporation may construct, improve and maintain, or aid in the
construction, improvement and maintenance of streets, roads, highways,
bridges and underpasses without the municipal corporation in order to facili-
tate public travel and traffic into and out of the municipal corporation or any
, · b · the munici al corporation situated without the municipal
pr°pert>'°'q~odl 1950 ,Su~i~ ,,~ 15-7: 54; 1958. c. 328: 1962, c. 623.,
corporation. -- · ' '
~ 15.1-891. Regulation of traffic. ~ A municipal corporation may reg-
ulate and control the operation of motor and other vehicle~ and the movement
of vehicular and pedestrian travel and traffic on stretttr, highways, roads,
alleys, bridges, viaducts, subways, underpasses and other public ways and
places, rovided such regulations shall not be inconsistent xv:th the provisions
of artic~ 2 t~ 46 1-180 et seq.~ of chapter 4 of Title -16.1 of this Code, or any
thereto. ICode 1950 I~uppl. L ~ lo-ll.~D; ..........
15.1-892. Use for transportation and utilities; removal and alter-
arian of facilities and equipment; permits and charges. ~ A municipal
corporation may provide ¢or the issuance of permits, under such terms and
conditions as the municipal corporation may impose, for the use of streets,
hi hwavs, roads, alleys, bridges, viaducts, sul~ways and.u~d~rpasses a~d qther
p~lic ;{'ars and places by railroads, buses, taxicabs and o.he,' vehicles for hn'e;
may prescribe the location in. under or over and provide for the issuance of
permits for the use of such public ways and places fbr that installation, mainte-
nance and operation of tracks, poles, wires, c,~ble~, pipes, conduits, bridges,
viaducts, subways, vaults, areas and cellars; may require tracks, poles, wires,
cables, pipes, conduits, bridges, viaducts, subways and underpasses to be
altered, rdmoved or relocated either permanently dr temporarily; may charge
and collect compensation for the privileges so gr~nted: alld maN; prohibit such
use of aaid public ways and places except as otherwise provided ~' law. No such
use sh'all ~e made of the streets, highways, roads, allev~, bridges. ~iaducts,
subways and underpasses without the co'sent of the n{unicipai corporation.
ICode 1950 tSuppl. L t 15-77.56; 1958, c. 328; 1962. c. 623.,
~ 1~.1-8~. Obstructions or encroachments. -- A municipal corporation
may prevent any unlawful obstruction of or encroachment over. under or in any
way or place: Hla5 rovloe penaltlt,. .... ~ · ~ -
slruction or encr~ac~menl; may remove Iht' sami. and l'}qarge tht. cost t~erem
to the owner or ohYnt,rs, oct. op;~nl or o('cuplllllS o{ Ih(. properly so obslructing
or encroaching, and colh.cl the ct)st in any nlalmt'r pr~,vidt.d by law ~k)r thc
collection of ~lalt' or local lltXeS; may i-t,qt~irt' Iht' t~wllt'l of owIlt.rs, occupant
or occupant~ ot'tht' pl'opi'l'ly sfl t)l)strut'ting tlr ell(.l'l)ili'[/il/g Io I'elllOVe the same;
pending such i'(,m(]va], lllliy t'hltl'~t' iht' OWlll'l' t)l t)wlltq'~ ill Iht' pi'opt'Fly
...trt. ct. I'~i~hway ri,id, aih.y. I,'i(l~e. viaduct..sulJ~ ay. umh'rlia~ or ,~thvr Iml)llc
way ,)r place ol)~tructed (ir ~.ncroached upi)n Ihe I'('illiValcnl of what win,hi
th~ tax upon the land no occupied if it wore owm.d by the owm. r ,r owm.rn
the pl'operlv sil obslrucling iiI' el~.l'oilchil~, alia, il' s~ich removal shall init
madc s~ ithi'n the time ordt. red impose penalties lbr ,ach ;tlld every day thai
such obstruction or encroltt'blllt'lll is alh~wt'd to COlll illUt' tht, reilfler; llliiy autho-
rize encroachments upon such public xsax's and plaee~ sultject t- such It)rills and
conditions as the municipal cm-pm'ali{m mav In'escribe. hut the owner
owners, occupant or occtlpants shall bt. liable t~,' negligence on account of such
encroachment; and may institute and prosecute a suit or action in ejectment
or other appropriate proceedings to recover possession of any such public way
lace or an other propert> of the municipal corporation udl~wful~v occupie~
or ' ' - . · r '9 623
or ~ncroache~ upon. ~Code 1950 ~SuppLh ~ 15-77.5~: 1958, c. 328, 196, c. .
1~.1-894. Franchises. A municipal corporation may grant tYanchises
to'se public property and may exercme the powers granted m amcle 2
-. - ~ ofcha ter 9 of Title 15 1 ofthis Code, to the extent and in the
la 1-307 et seq. p . · . . . · ,
manner therein prescribed, subject to the provmmn of Article X 1I, s 9 of the
Constitution. tCode 1950 ~Suppl.}, ~ 15-77.58; 1958. c. 328; 1962. c. 623; 1971,
Ex. Sess., c. 1.~
~ 15.1-89~. Regulation of services and rates charged by person using
eels etc. -- A municipal corporation may regulate the services rendered to
~ ,,,~uo ,~a ,.at~ char~ed therefor by ahy person, firm, a~sociatiop, .o, rga-
~ing the streets, highways, roads, alleys, brmges,
viaducts, subways, underpasses or other public ways or places tBr the rendition
of such services, which are not subject to regulatibn by the State Corporation
Commission. tCode 1950 tSuppl. L ~ 15-77.59; 1958, c. 328; 1962, c. 623.}
~ 15.1-896. State highway systems excepted. -- Nothing contained in
this chapter shall have application to any highway, road. street or other public
way which constitutes a part of any of the State highway systems, tCode 1950
~Suppl. L ~ 15-77.59:1; 1958, c. 328; 1962. c. 623.~
ARTB.'I.E '7.
Acquisition of Property for Public Use and Ownership.
§ 15.1-897. Acquisition and use of property generally. -- A municipal
co[potation, for the pm-pose of exercising any of its powers and duties and
performing any of its functions, may acquire by gift, bequest, purchase or lease,
and may own and make use of, within and without the municipal corporation,
lands, buildings and other structures and personal property, including any
interest, right, easement or estate therein; and may exercise the power of
eminent domain for such purposes as hereinafter provided in this article. ~Code
1950 ~Suppl.}, § 15-77.60; 1958, c. 328; 1962, c. 623.1
~ ~-~ 1-898 Condemnation proceedings genera!!y. ~ A municipal corpo-
ra~m*n~may acquire by condemnation proceedings, in the manner and in accor-
dance with the procedure provided in Title 25 of the Code or in §§ 33.1-91
through 33.1-94, 33.1-96 and 33.1-98 through 33.1-132 of this Code,'or any
amendment or revision thereof or provisions of law which are successor
thereto, lands, buildings and other structures and Dersonal property, including
any interest, right, easement or estate therein or' any person or corporation,
whenever a ublic necessity exists therefor which shall be declared in the
resolution orPotrdinance adopted by the municipal corporation directing such
383
- 26 -
Item III-G.2
RESOLUTIONS
ADD-ON
ITEM # 26719
Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City
Council ADOPTED:
A Resolution which will Reaffirm and Declare an
Emergency in the SANDBRIDGE AREA of the City of
Virginia Beach as a Result of the NEW YEAR'S DAY
STORM, 1987.
The City Manager advised he had received an AGREEMENT OF UNDERSTANDING from the
Virginia Army National Guard requesting the City sign an agreement advising the
City would be responsible to any and all damages to Military Property
occasioned by the use herein granted. The City would obtain Liability Insurance
for not less than $1-MILLION together with Property Damage of not less than
$500,000.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
A RESOLUTION WHICH WILL REAFFIRM
AND DECLARE AN EMERGENCY IN THE
SANDBRIDGE AREA OF THE CITY OF
VIRGINIA BEACH AS A RESULT OF THE
NEW YEAR'S DAY STORM, 1987
WHEREAS, on January 1, 1987, a Northeaster storm
produced damaging winds and surf and high tides in the Sandbridge
Area; and
WHEREAS, this storm caused severe beach erosion in the
Sandbridge Area and damaged sand dunes
thereto; and
WHEREAS, the City Council
and some homes adjacent
of the City of Virginia
Beach, recognizing the emergency situation at Sandbridge passed a
Resolution declaring an emergency on January 5, 1987, which
Resolution authorized property owners on the oceanfront at
Sandbridge to institute individual sand grading programs for
their private property; and
WHEREAS, the City Council of the City of Virginia Beach
desires to allow the City itself, as well as other governing
bodies and agencies of the State, to aid these individual
citizens in pushing existing sand to restore the eroded dune line
at Sandbridge as a result of this emergency.
NOW, THEREFORE, BE IT RESOLVED BY
CITY OF VIRGINIA BEACH, VIRGINIA:
That a local emergency, as
44-146.16(6) is hereby declared pursuant
146.21(cl) of the Code of Virginia; and
Be it further resolved that
Resolution of the City Council of the City
hereby restated and reaffirmed; and
Be it further resolved
staff are hereby directed to take
push existing sand so as to
THE COUNCIL OF THE
defined in Section
to Section 44-
the January 5, 1987,
of Virginia Beach is
including contacting the Commonwealth of Virginia and the various
that the City Manager and City
all steps deemed necessary to
restore the eroded dune line,
governmental agencies that are a part of the Commonwealth for the
purpose of enlisting their aid.
Adopted by the Council of the City of
Virginia, on this 12th day of January, 1987.
KJC/lmt
01/09/87
CA-87-02118
\sandbrid.res
Virginia Beach,
- 27 -
Item III-H.
CONSENT AGENDA
ITEM # 26720
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 4 and 5 of the CONSF~NT AGENDA:
Items III-H. 2 and 3 were pulled for a separate vote.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
Item III-H.1
CONSENT AGENDA
ITEM # 26721
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Heischober, City
Council ADOPTED upon SECOND READING:
Ordinance to appropriate $25,000 to the Department
of Mental Health, Mental Retardation and Substance
Abuse for inpatient alternatives.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
AN ORDINANCE TO APPROPRIATE $25,000
TO THE DEPARTMENT OF MENTAL HEALTH,
MENTAL RETARDATION AND SUBSTANCE
ABUSE FOR INPATIENT ALTERNATIVES
WHEREAS, the Virginia State Department of Mental Health and Mental
Retardation continues to experience overcrowding problems at state facilities,
and
WHEREAS, the Department has approved a plan to address this problem by
providing additional funds to localities to develop local alternatives to care in
state facilities, and
WHEREAS, the Department has allocated funds in the amount of $25,000 to
the City of Virginia Beach to develop inpatient alternatives for residents of
Virginia Beach, and
WHEREAS, the Community Services Board of Virginia Beach has determined
that these funds will allow purchase of needed additional local adult psychiatric
inpatient care during FY 86-87.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that funds in the amount of $25,000 be appropriated to the
Department of Mental Health, Mental Retardation and Substance Abuse and that
anticipated revenue from the Commonwealth be increased by $25,000.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of January , 1986.
First Reading: January 5~ t987
Second Reading: January 12, 1987
CAC/10RD22.bjm
Item III-H.2
CONSENT AGENDA
ITEM # 26722
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
APPROVED:
Low Bid to Asphalt Roads and Materials Company,
Inc. in the amount of $562,607.54 for the purpose
of resurfacing 22.05 lane miles of highways and
streets, adjust 84 entrances at curb lines and
provide pavement marking on 2.01 miles of primary
road.
Councilman Balko advised this City Estimate was within 1% of the actual Low
Bid. Councilman Balko requested if the City deviated 10% in their estimate,
the reasons be stated for said estiamte.
Councliman Baum requested the City Staff prepare a paper on how these bids are
derived by Contractors and the City.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
- 30 -
Item III-H.3
CONSENT AGENDA
ITEM # 26723
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED:
Low Bid to W. F. Oliver and Sons, Inc. in the
amount of $417,839.84 for the installation of
streets, drainage and utilities on Sir John,
Reedtown and Old Reedtown Roads. (This project
first appeared in the FY 1983-1987 Capital
Improvement Program.)
Councilman Perry reiterated his concerns relative this Bid. Over SI-MILLION
has been allocated by the Federal Government, but REEDT0~ has only received
approximately $75,000. The City Manager advised, with citizen participation,
he would inquire if additional funds are available and identify what else
remains to be accomplished. Staff would also determine how Wishart Road might
be extended. The NAVPHIBASE FEDERAL CREDIT UNION had agreed necessary
easements, encompasing a total of fifty (50) feet, shall be granted for
extension of the right-of-way from Wishart Road through subject property
adjoining the existing private road for the purpose of assisting Reedtown
residents. Said Condition was in their Ordinance ADOPTED by City Council on
December 2, 1985.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
- 31 -
Item III-H.4
CONSENT AGENDA
ITEM # 26724
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $4,115.29 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
FORM NO, C.A. IREV. ~6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE crrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date
Year Paid Base Penalty Int.
Total
Banald Batliner, Jr.
T/A Ranald Batliner, Jr. Atty-at-Law
3085 Brickhouse Ct.
Va. Beach, VA 23452 1985-86
C & C Irc~ ~o. I~c.
233 Highway Lane
Va. Beach, VA 23454
Audit 107.67
Ooast Supply, Inc.
5636 Virginia Beach Blvd.
Va Beach, VA 23462
1986 Audit 333.67
1985 A;_~ it 80.95
107.67
333.67
80.95
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $~_ ~q
of the City of Virginia Beach on the 1 ? day of
Certified as to Payment:
Commissioner of the Revenue
App~ved as to forl~:
{,~. Da~B~m~o~ ' "" '
ity Attorney
were approved by the Council
January ,19 87
Ruth Hodges Smith
City Clerk
FORM NO. C.A. ~ REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty Int. Total
C~m~nw~lth Oonsulting & Oouns.
900 Cc~~lth Place
Va. Beach, VA 23462 1985-86
Gregory Manter
T/A Best'~-llers Discount Bookstore
3833 Concord Bridge Rd.
Va. Beach, VA 23452 1986
Audit 91.77
Audit 50.76
91.77
50.76
Certified as to Payment:
Robert P. Vaughan ~
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $142,53
,of the City of Virginia Beach on the 1Z day of
J. Dale Bimson
City Attorney
were approved by the Council
,la ngn~'~v , 19R7
Ruth Hodges Smith
City Clerk
FORM NQ C.A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
'rhat the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty Int.
Total
Homeowners Warehouse, Inc.
T/A Mr. How Warehouse #677
P. O. Box 24600
Nashville, TN 37202.4600
1984-86
Isbrandtsen, C. & Schultz, D.
T/A Isbrandtsen & Schultz
307 Lynnhaven Parkway
Va. Beach, VA 23452 1984
Shelby Enterprises, Inc.
T/A Glen Mar Beauty Salon
3912 Water Oak Road
Va. Beach, VA 23452
Audit 3,208.64
Audit 103.50
1986 Audit 138.33
3,20R.6,
103.5(
13n.32
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 3,4 5 0.4 7
of the City of Virginia Beach on the 1.?
J. Dale Bimson
City Attorney
were approved by the Council
day of ,1Rn,!a~%v , 19 87
Ruth Hodges Smith
City Clerk
- 32 -
Item III-H.5.
CONSENT AGENDA
ITEM # 26725
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED:
Bingo/Raffle Permits:
St. Matthews Catholic Church
Loyal Order of Moose-Aragona Village Lodge #1198
Plaza Jr. High Marching Trojanettes Parents
Association
Bingo/Raffle
Bingo
Bingo
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
- 33 -
Item III-I.1
APPOINTMENTS
ITEM # 26726
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENT:
25th ANNIVERSARY CELEBRATION COMMITTEE
January 12, 1987
- 34 -
Item III-I.2
APPOINTMENTS
ITEM # 26727
Upon NOMINATION by Councilman Fentress, City Council APPOINTED to the BOARD OF
BUILDING CODE APPEALS (as Amended: Item No. 26252, October 27, 1986):
BUILDING MAINTENANCE DIVISION
Ruth W. Bell
Jimmie Koch
Henry McDonald
Dan Templeton
Vincent R. Olivieri
Two (2) Year Terms
January 1, 1987 - December 31, 1988
ELECTRICAL DIVISION
Archie R. Smith - Certified Level II Electrician
Robert Henry Smith, Jr. - Certified Level II Electrician
Richard Thomas - Certified Level II Electrician
James Witcher - Certified Level II Electrician
Wiliam T. Miller - Virginia Power Representative
Two (2) Year Terms
Janaury 1, 1987 - December 31, 1988
NEW CONSTRUCTION DIVISION
Frank I. Adkins - State Registered Professional Engineer in Design
Robert L. Yoder - State Registered/Licensed Architect
Sterling S. Montgomery -Bulding Supplier
Darrell J. Hughes - State Registered/Licensed Contractor
William M. Davenport - Qualified Land Planner
Two (2) Year Terms
January 1, 1987 - December 31, 1988
PLUMBING & MECHANICAL DIVISION
William L. Hendricks - Licensed/Registered Level II Mechanical Worker
Donald L. Jones, Jr. - Licensed/Registered Level II Plumber
Oscar E. Northen, Jr. - Licensed/Registered Architect
Arnold I. Rosenberg - Licensed/Registered Engineer
Dalvin V. White, Jr. - Licensed/Registered Building Contractor
Two (2) Year Terms
January 1, 1987 - December 31, 1988
January 12, 1987
- 35 -
Item III-I.2
APPOINTMENTS
ITEM # 26727 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
- 36 -
Item III-I.3
APPOINTMENTS
ITEM # 26728
Upon NOMINATION by Councilwoman Parker, City Council APPOINTED to the
CONSTITUTION DAY COMMITTEE:
Lillian B. Youell - Chairman
Vice Mayor Meyera E. Oberndorf - Council Liaison
(September 17, 1987)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
- 37 -
Item III-I.3.
APPOINTEMENTS
ITEM # 26729
Upon NOMINATION by Councilwoman McClanan, City Council REAPPOINTED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
David Grochmal
Beulah Thorpe
Three (3) Year Terms
Janaury 1, 1987 - December 31, 1989
AND, APPOINTED:
Mary Russo
Three (3) Year Terms
January 1, 1987 - December 31, 1989
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. 0berndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
January 12, 1987
- 38 -
Item III-J.1.
UNFINISHED BUSINESS
PRIORTIZING OF BEACHES
ITEM # 26730
The following spoke in FAVOR of replenishing Sand on the Beaches:
Flo McDaniel, represented the Hotel/Motel Association
Leslie Hodeen, represented the Chesapeake Shoreline Conservation Group
Helen Etheridge McDonald, represented the Sandbridge Beach Restoration
Association
Maxine Graham, Realtor from Sandbridge, presented a plat of the Sandbridge
area (Said plat is hereby made a part of the record)
The following spoke in OPPOSITION:
A. S. Poole, represented Diamond Springs Civic League
Rea H. LeSesne, represented self
A MOTION was made by Councilman Baum, seconded by Councilman Heischober to
APPROVE Prioritization of Beaches in the City of Virginia Beach for
Nourishment, as AMENDED:
MOVE: "B - Resort Beach (49th Street to 89th Street)" to D position;
MOVE: "D - Sandbridge Beach (Dam Neck to Wildlife Refuge)" to B positon.
A SUBSTITUTE MOTION was made by Councilman Moss, seconded by Councilwoman
Parker to APPROVE Prioritization of Beaches in the City of Virignia Beach for
Nourishment as presented in City Council's AGENDA.
Voting: 4-7 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko, John D. Moss, Vice Mayor Meyera E.
0berndorf and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan and John L. Perry
Council Members Absent:
None
January 12, 1987
- 39 -
Item III-J.1
NEW BUSINESS
ITEM # 26730 (Continued)
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council APPROVED:
Prioritization of Beaches in the City of Virginia
Beach for Nourishment, as AMENDED:
MOVE: "B - Resort Beach (49th Street to 89th
Street)" to D position;
MOVE: "D - Sandbridge Beach (Dam Neck to Wildlife
Refuge)" to B positon.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
0berndorf and John L. Perry
Council Members Voting Nay:
John D. Moss and Nancy Parker
Council Members Absent:
None
January 12, 1987
0
~ 0
0
0
0
- 40 -
Item III-J.2
UNFINISHED BUSINESS
ITEM # 26731
ADD-ON
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
SCHEDULED for the City Council Meeting of February 2, 1987, RECONSIDERATION of
Ordinances upon application of THE BREEDEN COMPANIES for Changes of Zoning on
certain properties located on the west side of South Military Highway, 1100
feet north of Indian River Road (Kempsville Borough) from B-1 Business-
Residential District to A-2 Apartment District (12.963 acres) AND, from B-2
Community-Business District to A-2 Apartment District (5 acres).
These Ordinances were DENIED on December 22, 1986
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Reba S. McClanan and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, Mayor Robert G. Jones, John D.
Moss, Vice Mayor Meyera E. 0berndorf and Nancy Parker
Council Members Absent:
None
January 12, 1987
- 41 -
Item III-L.1
k~E. CUTIVE SESSION
ITEM # 26732
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Perry, seconded by Councilman Heischober, City Council
RECESSED into EXECUTIVE SESSION for discussion of Legal Matters, after which to
adjourn (4:30 P.M.).
LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the jurisdiction
of the public body.
Voting: 11-0 *
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
January 12, 1987
Item III-L.1
- 42 -
ADJOURNMENT
ITEM # 26733
Upon motion by Councilwoman Henley and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 6:04 P.M.
Beverl~ O. Hooks
Chief Deputy City Clerk
Ru%h Hodge~ Smith, CMC
City Clerk
City of Virginia Beach
Virginia
January 12, 1987