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VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 22, 2021
Mayor Dyer called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL, in the
Virginia Beach Convention Center, Suite 5, on Tuesday,June 22, 2021, at 2:02 P.M.
Council Members Present:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Jessica P. Abbott
2
MAYOR'S CALL FOR
SPECIAL SESSION
ITEM#71745
Mayor Dyer read the Mayor's Call for the SPECIAL SESSION:
June 3, 2021
"HONORABLE MEMBERS OF CITY COUNCIL
In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in
me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the
VIRGINIA BEACH CITY COUNCIL
Tuesday,June 22,2021
2:00 P.M.
Virginia Beach Convention Center,Suite 5
100019`h Street
The purpose of this SPECIAL SESSION is to allow City Council to hold the regularly
scheduled City Council Workshop and at 4:30 P.M, City Council will CONVENE INTO
CLOSED SESSION pursuant to Section 2.2-3711(A)(7) to discuss the Holloway et al v. City
of Virginia Beach litigation matter. At the conclusion of Closed Session, City Council will
reconvene into open session to certify the Closed Session, and then continue with the regularly
scheduled City Council Workshop.
The City Council meeting will be streamed live on www.vbgov.com and Facebook Live, and
will be recorded for rebroadcast on Cable TV
Sincerely,
s/
Robert M. Dyer
Mayor"
Cc: City Manager
City Attorney
City Clerk
Deputy City Managers
FOIA Officer
Communications Office
June 22, 2021
3
CITY MANAGER'S BRIEFING
FLOOD PROTECTION PROGRAM BOND REFERENDUM FOLLOW-UP
ITEM#71746
2:03 P.M.
Mayor Dyer welcomed Ronald H. Williams, Jr., Deputy City Manager. Mr. Williams expressed his
appreciation to City Council for their continued support and distributed copies of drafted, "Resolution to
Direct the Filing of a Request for Referendum on the Question of Issuing$567,500,000 of General
Obligation Debt for Flood Mitigation Measures"as well as a one page copy of Code of Virginia Section
24.2-687 Authorization for distribution of information on referendum elections, attached hereto and made
a part of the record.
11/141A.
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Flood Protection Program: Next Steps for Bond Referendum
City Council Workshop l June 22, 2021 V3
Today's Agenda
• Referendum Question, Logistics, & Timeline
•Communication Plan Highlights
City Council Workshop I June 22,2021 Shoe._
June 22, 2021
4
CITY MANAGER'S BRIEFING
FLOOD PROTECTION PROGRAM BOND REFERENDUM FOLLOW-UP
ITEM#71746
(Continued)
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Referendum Question, Logistics, & Timeline V3
City Council Workshop I June 8,2021
Here is the proposed Referendum Question:
Referendum Question
City Council Requested Approach #2 (During June 8 Workshop)
Shall the-Gity-ef-Virginia Beach-issue its general obligation-beads-in
the-i axim rn-a••- • e .-- as ae! .- --. _ •- _. after
and-the Public-F-inane A t to provide funds;together--with-ether
available-funds, toad construction of
stermwat- -e., - • a:: , . a 'ood-mitigation-measures?'
Shall the City of Virginia Beach issue general obligation bonds in the
maximum amount of$567,500,000 pursuant to the City Charter and
the Public Finance Act to fund the design and construction of flood
mitigation measures citywide?
City Council Workshop I June 22,2021 Slide 4
June 22, 2021
5
CITY MANAGER'S BRIEFING
FLOOD PROTECTION PROGRAM BOND REFERENDUM FOLLOW-UP
ITEM#71746
(Continued)
Here is an overview of Referendum Logistics:
Referendum Logistics
• City Council Requests Referendum by Simple Majority (6 Votes)
• Referendum for November 2021 Election filed with the Circuit
Court
• If Referendum receives Affirmative response, then:
• Public Notices & Public Hearing
• Debt Authorization of General Obligation (GO) Bonds by 2/3rds
Majority (8 Votes)
• Direction provided via follow-up Ordinances (e.g., Appropriation and
Revenue) which are necessary to implement the Program
City Council Workshop June 22,2021 Slide 5
Here is the Referendum Timeline:
Referendum Timeline
Fri,August 13th Tues,November 2nd
Council Votes for Deadline for Election Day;
Referendum to be Referendum to be Voters Decide on
placed on the Ballot filed w/Circuit Court Referendum
(To Be Determined
if Voters Affir Public Notice,
rendum,then m Hearing,&Debt
Authorization
City Council Workshop I June 22,2021 Slide 6
June 22, 2021
6
CITY MANAGER'S BRIEFING
FLOOD PROTECTION PROGRAM BOND REFERENDUM FOLLOW-UP
ITEM#71746
(Continued)
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'WATER
Communication Plan V3
City Council Workshop I June 22,2021
Here are the Categories of Survey Questions:
Communication Plan: Research
Categories of Survey Questions:
• Voters' knowledge of issues
• Attitudes and beliefs
• Funding of flood protection projects
• Where and how people get information
City Council Workshop June 22,2021 Slide 0
June 22, 2021
7
CITY MANAGER'S BRIEFING
FLOOD PROTECTION PROGRAM BOND REFERENDUM FOLLOW-UP
ITEM#71746
(Continued)
Communication Plan: Education
Owned Media Earned Media Shared Media
• VBGov.com • Media briefings • Social media
• Report • Articles/Op-Eds • Interactive -
•Video news and content
• Interviews
features • Infographics
• Community • Events • Quizzes
outreach • Storytelling
City Council Workshop I June 22.2021
The next two (2)slides provide an overview of VA Code section 24.2-687:
Education vs Advocacy
VA Code § 24.2-687 : Highlights
• The governing body may provide for the preparation and printing of an
explanation for each referendum question
• The governing body may have the explanation published by paid
advertisement in a newspaper
• The explanation shall contain the ballot question and a statement of not
more than 500 words on the proposed question
• The explanation shall be presented in plain English, shall be limited to a
neutral explanation, and shall not present arguments by either proponents
or opponents of the proposal
City Council Workshop I June 22.2021 Slide 10
June 22, 2021
8
CITY MANAGER'S BRIEFING
FLOOD PROTECTION PROGRAM BOND REFERENDUM FOLLOW-UP
ITEM#71746
(Continued)
Education vs Advocacy
VA Code § 24.2-687 : Highlights
• The governing body may provide for the preparation and printing of an
explanation for each referendum question
• If the referendum question involves the issuance of bonds by a locality, the
locality shall provide for such printed explanation.
• The explanation shall(i)state the estimated maximum amount of the bonds
proposed to be issued, and(ii)state the proposed use of the bond
proceeds
• The materials or advertisements shall not advocate the passage or defeat
of the referendum question.
City Council Workshop I June 22,2021 Slide 11
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Questions?
Flood Protection Program: Next Steps for Bond Referendum City Council Workshop I June 22, 2021 V3
Mayor Dyer expressed his appreciation to Mr. Williams for the presentation.
June 22, 2021
REQUESTED BY
1 A RESOLUTION TO DIRECT THE FILING OF A REQUEST
2 FOR REFERENDUM ON THE QUESTION OF ISSUING
3 $567,500,000 OF GENERAL OBLIGATION DEBT FOR
4 FLOOD MITIGATION MEASURES
5
6 WHEREAS, the City has identified flood mitigation projects where the authorization
7 of general obligation debt would significantly accelerate the delivery of such projects;
8 �,
9 WHEREAS, the City Charter limits the amount of generaa0 ligation debt the City
10 can issue without a referendum;
11
12 WHEREAS, the City Council desires a referendum be held to authorize
13 $567,500,0000 in general obligation debt; and
14
15 WHEREAS, if the referendum question is answered in the affirmative, the City
16 Council would authorize the issuance of such general obligation debt in accordance with
17 the provisions of the City Charter and the Public Finance Act;
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA, THAT:
21
22 The City Council hereby directs the filing with the circuit court requesting an order
23 for a referendum upon the issuance of general obligation debt in accordance with the
24 provisions of the City Charter and the Public Finance Act, and the question to be asked
25 is as follows:
26
27 Shall the City of Virginia Beach issue general obligation bonds in the maximum
28 amount of $567,500,000 pursuant to the City Charter and the Public Finance Act
29 to fund the design and construction of flood mitigation measures citywide?
30
31 [ ] Yes
32 [ ] No
33
34 BE IT FURTHER RESOLVED, THAT:
35
36 The City Manager and the City Attorney are hereby directed to take such actions
37 as are necessary and appropriate to have such referendum election held at the November
38 2021 election including, without limitation, the notification of the Voter Registrar and State
39 Board of Elections and the distribution of information in conformity with § 24.2-687 of the
40 Code of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2021.
Code of Virginia
Title 24.2. Elections
Chapter 6.The Election
Article 5. Special Elections
§ 24.2-687. Authorization for distribution of information on
referendum elections
A.The governing body of any county, city or town may provide for the preparation and printing
of an explanation for each referendum question to be submitted to the voters of the county, city
or town to be distributed at the polling places on the day of the referendum election.The
governing body may have the explanation published by paid advertisement in a newspaper with
general circulation in the county, city or town one or more times preceding the referendum.
The explanation shall contain the ballot question and a statement of not more than 500 words on
the proposed question.The explanation shall be presented in plain English, shall be limited to a
neutral explanation, and shall not present arguments by either proponents or opponents of the
proposal.The attorney for the county, city or town or, if there is no county, city or town attorney,
the attorney for the Commonwealth shall prepare the explanation. "Plain English" means written
in nontechnical, readily understandable language using words of common everyday usage and
avoiding legal terms and phrases or other terms and words of art whose usage or special meaning
primarily is limited to a particular field or profession.
If the referendum question involves the issuance of bonds by a locality,the locality shall provide
for such printed explanation. The explanation shall (i) state the estimated maximum amount of
the bonds proposed to be issued,and(ii)state the proposed use of the bond proceeds, and if
there is more than one use, state the proposed uses for which more than 10 percent of the total
bond proceeds is expected to be used.
B. Nothing in this section shall be construed to limit a county, city or town from disseminating
other neutral materials or advertisements concerning issues of public concern that are the
subject of a referendum;however,the materials or advertisements shall not advocate the passage
or defeat of the referendum question.
C.This section shall not be applicable to statewide referenda.
D.Any failure to comply with the provisions of this section shall not affect the validity of the
referendum.
1996, c. 297;2004, cc. 21, 399;2006, c. 302;2011, c. 590.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.
1 6/21/2021 12:00:00
Code of Virginia
Title 24.2. Elections
Chapter 6. The Election
Article 5. Special Elections
§ 24.2-687. Authorization for distribution of information on
referendum elections
A.The governing body of any county, city or town may provide for the preparation and printing
of an explanation for each referendum question to be submitted to the voters of the county, city
or town to be distributed at the polling places on the day of the referendum election.The
governing body may have the explanation published by paid advertisement in a newspaper with
general circulation in the county, city or town one or more times preceding the referendum.
The explanation shall contain the ballot question and a statement of not more than 500 words on
the proposed question. The explanation shall be presented in plain English, shall be limited to a
neutral explanation, and shall not present arguments by either proponents or opponents of the
proposal.The attorney for the county, city or town or, if there is no county, city or town attorney,
the attorney for the Commonwealth shall prepare the explanation. "Plain English" means written
in nontechnical, readily understandable language using words of common everyday usage and
avoiding legal terms and phrases or other terms and words of art whose usage or special meaning
primarily is limited to a particular field or profession.
If the referendum question involves the issuance of bonds by a locality,the locality shall provide
for such printed explanation.The explanation shall (i) state the estimated maximum amount of
the bonds proposed to be issued, and (ii)state the proposed use of the bond proceeds, and if
there is more than one use, state the proposed uses for which more than 10 percent of the total
bond proceeds is expected to be used.
B. Nothing in this section shall be construed to limit a county,city or town from disseminating
other neutral materials or advertisements concerning issues of public concern that are the
subject of a referendum;however,the materials or advertisements shall not advocate the passage
or defeat of the referendum question.
C.This section shall not be applicable to statewide referenda.
D.Any failure to comply with the provisions of this section shall not affect the validity of the
referendum.
1996, c. 297;2004, cc. 21, 399;2006, c. 302;2011, c. 590.
The chapters of the acts of assembly referenced in the historical citation at the end of this
section(s) may not constitute a comprehensive list of such chapters and may exclude chapters
whose provisions have expired.
1 6/21/2021 12:00:00
9
CITY COUNCIL DISCUSSION
SHORT TERM RENTALS
ITEM#71747
2:36 P.M.
Mayor Dyer welcome Bobby Tajan, Director — Planning and Community Development. Mr. Tajan
expressed his appreciation to City Council for their continued support:
\B
\irgtnia B,ai,
Short Term Rental
Workshop
City Council Workshop
June 22,2021
Robert J.Tajan,Director
Planning and Community Development
,
Purpose
• Review City Council direction on Short Term Rental
regulations
• Update City Council on current program
• Share hurdles or barriers to accomplishing goals
June 22, 2021
10
CITY COUNCIL DISCUSSION
SHORT TERM RENTALS
ITEM#71747
(Continued)
Here is STR Program Update:
STR Program Update
• Weekend night inspections started June 11
• Proactive and complaint-based inspections
• 40 STR violation letters sent in 2021
• Illegal operators
• No Zoning Approval
• Staff working with 3rd party software to assist in
automation of warning/notification letters
• Staff working with VBPD to coordinate information and
process
Here are the Enforcement limitations:
Enforcement limitations
• Staffing
• Currently working to fill vacancies with both contract labor and
inspection positions approved in FY '22 budget
• Zoning limitations
• Enforcement regulations in place and proposed are as strict as
Zoning enabling legislation permits
• Requires due process timeframes as allowed for other land
use violations
• Issuance of written summons to property owner
• Ability to obtain registered information from the Commissioner
of Revenue
June 22, 2021
11
CITY COUNCIL DISCUSSION
SHORT TERM RENTALS
ITEM#71747
(Continued)
The next several slides provide an overview of each proposed Overlay District:
Overlay Review
Items noted as "City Council Direction" are codified in the
prepared ordinance by the City Attorney's Office
East Shore Drive PLANNING COMMISSION City Council
OverlayDistrict RECOMMENDATION
Direction
• North—Chesapeake Bay • Eliminate East
• South—Shore Drive Shore Drive
\ • East—First Landing State Park Overlay from
• West—west side of Cape proposal
\ t ' Henry neighborhood and west
's t' t ` r side of The Landings
t ,,,,.'6'. ' g N.
i : ;' Condominiums
• STR by CUP
• Density cap of 11.5%of
dwelling units
• One rental contract per week
June 22, 2021
12
CITY COUNCIL DISCUSSION
SHORT TERM RENTALS
ITEM#71747
(Continued)
PLANNING COMMISSION
RECOMMENDATION City Council Direction
• Same boundaries for • Only include initially
North End portion. referred North End
North End • STR by CUP Boundary(do not
■ Add"The Hollies"(45th include"The Hollies")
Overlay District Street to 49th Street) • STR by CUP
• Density cap of 10.6%of • Density cap of 10.6%
dwelling units which equals 255 STRS
• One rental contract per in overlay per 3`d party
week software on 11/2/2020
■ One rental contract per
week
North End sa�, "`'`
88tle Strew
Overlay District
A Sty
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11
SOtt.S.. 651h Stree
est,,
5 er '� s�+ph':an+sp tt< Kk {+
"Hollies"eliminated per City Council Direction .. M':
June 22, 2021
13
CITY COUNCIL DISCUSSION
SHORT TERM RENTALS
ITEM#71747
(Continued)
PLANNING COMMISSION
RECOMMENDATION City Council Direction
Oceanfront • All of the existing OR district • All of Existing OR
Resort • STR by-right District
Overlay • Add remaining properties • STR by-right
District zoned RT(Resort Tourist) • Do not include RT
■ Two rental contracts per week. zoned properties
■ One rental contract
per week
o � _
1pV,'ja �►
•-, k _
Oceanfront
Ic
Resort F
Overlay '_°
District
•
RT Zoned properties eliminated
per City Council Direction
June 22, 2021
14
CITY COUNCIL DISCUSSION
SHORT TERM RENTALS
ITEM#71747
(Continued)
Ordinance Review
Items noted as "City Council Direction" are codified in the
prepared ordinance by the City Attorney's Office
Mr. Tajan distributed copies of six(6)proposed Ordinances relating to Short Term Rentals,and a document
titled, "Short Term Rental City Council Referral and Planning Commission Recommendation", attached
hereto and made a part of the record. Mr. Tajan noted the attached Ordinance, "An Ordinance to Amend
the Official Zoning Map by the Designation and Incorporation of Property into Short Term Rental Overlay
Districts—North End; and or District"has an error on line 19, and will be corrected to read, "south to
491 Street".
After City Council discussion, and by consensus, the following revisions will be included in the proposed
City Council Ordinances to be considered on July 6, 2021:
• The percentage of STR's in the North End Overlay District will be a maximum number of
255 dwelling units vs. 10.6%
• Pre-existing communities can petition City Council to have an overlay created if 75% of
owners in the community sign the petition vs. 60%.
• A Conditional Use Permit will be required for STR's in the Oceanfront Resort Overlay
Districts vs. by right
• Structural safety inspection report shall be provided to the City every three (3)years vs.
five (5)years.
June 22, 2021
REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER
1 AN ORDINANCE TO AMEND SECTION 102
2 OF THE CITY ZONING ORDINANCE
3 ESTABLISHING SHORT TERM RENTAL
4 OVERLAY DISTRICTS — NORTH END AND
5 OCEANFRONT RESORT
6
7 Section Amended: § 102 of the City Zoning
8 Ordinance
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 102 of the City Zoning Ordinance is hereby amended and
17 reordained to read as follows:
18
19 Sec. 102. - Establishment of districts and official zoning maps.
20
21
22
23 (al) There are hereby established the following overlay districts:
24
25 (1) Shore Drive Corridor Overlay District ("SD");
26
27 (2) North End Overlay District ("NE");
28
29 (3) Old Beach Overlay District ("OB");
30
31 (4) Historic Kempsville Area Overlay District ("HK");
32
33 (5) Workforce Housing Overlay District ("WF"); and
34
35 (6) Short Term Rental Overlay District ("STR").
36
37 a. North End ("STR-NE")
38 b. Oceanfront Resort ("STR-OR")
39
40 Such districts shall be designated on the official zoning map by an appropriate notation
41 following the designation of the underlying zoning district. As an illustration, property in
42 the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be
43 designated on the official zoning map as having the classification "B-4(SD)."
44
45 . . . .
46
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department City Attorney's Office
CA15136
R-7
June 3, 2021
REQUESTED BY VICE-MAYOR WOOD AND
COUNCILMEMBER TOWER
1 AN ORDINANCE TO AMEND THE OFFICIAL
2 ZONING MAP BY THE DESIGNATION AND
3 INCORPORATION OF PROPERTY INTO
4 SHORT TERM RENTAL OVERLAY
5 DISTRICTS—NORTH END; AND OR
6 DISTRICT
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the official zoning map of the City of Virginia Beach be, and hereby is,
15 amended by the designation and incorporation of the areas described below:
16
17 1) That property located in the North End Overlay and depicted as such on the
18 Official City Zoning Map, except for that area located west of the intersection
19 of Holly Road and 58th Street; south to 45th Street as shown by the attached
20 map labeled "Short Term Rental Overlay—North End;"
21
22 2) That property located in the City of Virginia Beach, zoned as Oceanfront Resort
23 District depicted as such on the Official City Zoning Map as shown on the
24 attached map labeled "Short Term Rental Overlay—OR District;
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department City Attorney's Office
CA15117
R-9
June 3, 2021
1 REQUESTED BY VICE-MAYOR WOOD AND
2 COUNCILMEMBER TOWER
3
4 AN ORDINANCE TO AMEND SECTION 241.2 OF
5 THE CITY ZONING ORDINANCE, PERTAINING TO
6 SHORT TERM RENTALS AND ESTABLISHING
7 ADDITIONAL SAFETY REQUIREMENTS
8
9 Section Amended: City Zoning Ordinance Section
10 241 .2
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
18 Sec. 241.2. - Short term rental.
19 Short term rentals shall be subject to the following conditions unless specifically
20 modified by action of the city council in granting a conditional use permit or creating a
21 short term rental overlay district:
22
23 (1) Any property utilized as a short term rental shall provide adequate off street parking
24 for its guests. A minimum of one parking space per bedroom is required. If such parking
25 cannot be provided on-site, the owner must submit a parking plan indicating how the
26 parking requirement will be met. Such plan shall be reviewed and approved by the
27 zoning administrator. Stacking of vehicles shall be allowed and no on-street parking
28 shall be part of the plan;
29
30 (2) No events with more than fifty (50) people present, shall be held absent a special
31 events permit. Events with more than fifty (50) people are limited to no more than three
32 (3) events in a calendar year. No more than one hundred (100) people shall be present
33 at any event held on the property;
34
35 (3) The owner or operator must provide the name and telephone number of a
36 responsible person, who may be the owner, operator or an agent of the owner or
37 operator, who is available to be contacted and to address conditions occurring at the
38 short term rental within thirty (30) minutes. Physical response to the site of the short
39 term rental is not required;
40
41 (4) No signage shall be on site, except that each short term rental shall have one (1),
42 four-square foot sign, posted on the building, or other permanent structure approved by
43 the zoning administrator, visible from the public street, that which identifies the property
44 as a short term rental and provides the telephone number for the responsible person in
45 text large enough to be read from the public street. Architectural signs naming the
46 structure are excluded; from this limitation;
47
48 (5) To the extent permitted by state law, each short term rental must maintain
49 registration with the Commissioner of Revenue's office and pay all applicable taxes;
50
51 (6) There shall be posted in a conspicuous place within the dwelling a summary
52 provided by the zoning administrator of City Code sections 23-69 through 23-71 (noise),
53 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2
54 (fireworks), and a copy of any approved parking plan;
55
56 (7) All refuse shall be placed in automated refuse receptacles, where provided, and
57 comply with the requirements of City Code sections 31-26, 31-27 and 31-28;
58
59 (8) A short term rental shall have no more than two (2) rental contracts during any
60 consecutive seven (7) day period;
61
62 (9) The owner or operator shall provide proof of liability insurance applicable to the
63 rental activity at registration and renewal of at least one million dollars ($1,000,000.00)
64 underwritten by insurers acceptable to the city;
65
66 (10) There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.;
67
68 (11) The maximum number of persons on the property after 11:00 p.m. and before 7:00
69 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom;
70
71 (12) Any short term rental that has registered and paid transient occupancy taxes to the
72 Commissioner of the Revenue prior to July 1, 2018 shall be considered grandfathered
73 and shall not be required to obtain a conditional use permit, but must meet the
74 conditions of section 241.2. Any expansion of the footprint of the dwelling housing the
75 short term rental that expands the overall square footage by more than twenty-five (25)
76 percent or one thousand (1,000) square feet, whichever is less, shall have its
77 grandfathered status revoked and must immediately come into compliance with the
78 Zoning Ordinance obtain a conditional use permit to continue such use. Grandfathered
79 status shall run with the land. However, any grandfathered short term rental that
80 continuously remains vacant, or not used as a short term rental, for a period of two (2)
81 years or more shall lose its "grandfathered" designation:
82
83 (12.1) Any short term rental that received a conditional use permit between November
84 1, 2019 and June 15, 2021 and that is located within a zoning district where short term
85 rentals are not a permitted or conditional use, shall be considered grandfathered and
86 shall be permitted to continue subject to the conditions of section 241.2 (1) through (15)
87 and (17) as modified by the terms of the conditional use permit;
88
89 (13) To the extent permissible under state law, interconnected smoke detectors (which
90
2
91 carbon monoxide detectors shall be installed in each short term rental; The property
92 owner or their representative shall provide to the City Planning Department permission
93 for zoning inspectors to inspect the short term rental property annually. Such inspection
94 shall include: 1) at least one fire extinguisher has been installed inside the unit, in plain
95 sight, and where it is located, 2) all smoke alarms and carbon monoxide detectors are
96 installed in accordance with the building code in affect at the time of construction and
97 interconnected. Units constructed prior to interconnection requirements must have a
98 minimum of one smoke alarm installed on every floor of the structure and in the areas
99 adjacent to all sleeping room and when activated, be audible in all sleeping rooms, and
100 3) all smoke alarms and carbon monoxide detectors have been inspected within the last
101 12 months, and are in good working order. The short term rental shall be subject to
102 revocation by City Council (in 15 below) for failure to have an inspection and/or not
103 passing the inspection
104
105 (14) Accessory structures shall not be used or occupied as short term rentals;
106
107 (15) In addition to other remedies available for violations of the city zoning ordinance,
108 upon the occurrence of a violation of the provisions of this section; a violation of any
109 local, state or federal law or regulation; a violation of a condition imposed in a
110 conditional use permit; or if the conditions for grandfathered status are no longer
111 satisfied, the city council may revoke the conditional use permit or grandfathered status
112 of a property after notice and hearing as provided in Code of Virginia § 15.2-2204;
113 provided, however, that written notice as prescribed therein shall be given at least
114 fifteen (15) days prior to the hearing_
115
116 (16) All conditional use permits issued for short term rentals shall expire five (5) years
117 from the date of adoption. The renewal process of the conditional use permit will be
118 administrative and performed by the planning department; however, the planning
119 department shall notify the city council in writing prior to the renewal of any conditional
120 use permit for a STR, where the STR has been the subject of neighborhood complaints,
121 violations of its conditions or violations of any building, housing, zoning, fire or other
122 similar codes; and
123
124 (17) A structural safety inspection report shall be provided to the city annually every five
125 (5) years indicating all exterior stairways, decks, porches and balconies have been
126 inspected by a licensed design professional, qualified to perform such inspection, and
127 are safe for use. The report must indicate the maximum number of occupants permitted
128 on each level of these structures and placards indicating the maximum number of
129 occupants of all exterior stairways, decks, porches and balconies must be posted on
130 each level of these structures;
131
132 (18) With the registration of all short term rentals, owners or their agents, shall present
133 to the Zoning Division a ledger with the number of rentals for the past year, when they
134 occurred and the number of occupants. No identifying information for the visitors is
135 required.
136
137
3
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department City Attorney's Office
CA15175
R-9
June 4, 2021
4
REQUESTED BY VICE-MAYOR WOOD AND
COUNCILMEMBER TOWER
1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 601,
2 901, 1110, 1125, 1501, 1521, 1531 AND 2203 OF THE CITY
3 ZONING ORDINANCE AND SECTION 5.2 OF THE
4 OCEANFRONT RESORT DISTRICT FORM-BASED CODE
5 PERTAINING TO THE REQUIREMENTS AND USE OF
6 SHORT TERM RENTALS AND OVERLAYS
7
8 Sections Amended: City Zoning Ordinance Sections 401,
9 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 and
10 Oceanfront Resort District Form-Based Code Section 5.2
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 of the
19 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based
20 Code are hereby amended and reordained, to read as follows:
21
22 ARTICLE 4. - AGRICULTURAL DISTRICTS
23
24 Sec. 401. Use regulations.
25
26 (a) Principal and conditional uses. The following chart lists those uses permitted
27 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the
28 respective agricultural districts shall be permitted as either principal uses indicated by a
29 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
30 shall be prohibited in the respective districts. No uses or structures other than as
31 specified shall be permitted.
32
Use AG- AG-
1 2
Short term rental GX G-X
Short term rental within the Sandbridge Special Service District* meeting all P P
of the requirements of Section 241.2
Short term rental within an STR Overlay District, meeting all of the P-C P-C
requirements of Section 241.2 and, where applicable, Section 2303 — —
33
34 ARTICLE 5. RESIDENTIAL DISTRICTS.
35
36
37
38 Sec. 501. Use regulations.
39
40 (a) Principal and conditional uses. The following chart lists those uses permitted
41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the
42 respective residential districts shall be permitted as either principal uses indicated by a
43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
44 shall be prohibited in the respective districts. No uses or structures other than as
45 specified shall be permitted.
46
Use R- R- R- R- R- R- R- R- R- R-
40 30 20 15 10 7.5 5D 5R 5S 12.5
Short term rental G 6 GGG 6 S S G
X X X X X X X X X X
Short term rental within the Sandbridge
Special Service District,* meeting all of the P P P P P P PPP P
requirements of Section 241.2
Short term rental within an STR Overlay I I l
District, meeting all of the requirements of PPPRPR P P PP
Section 241.2 and, where applicable, CCCCC C C CC C
Section 2303
. .
I
47
48 . . . .
49
50 ARTICLE 6. - APARTMENT DISTRICTS
51
52 . . . .
2
53
54 Sec. 601. - Use regulations.
55
56 (a) Principal and conditional uses. The following chart lists those uses permitted
57 within the A-12 through A-36 Apartment Districts. Those uses and structures in the
58 respective apartment districts shall be permitted as either principal uses indicated by a
59 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
60 shall be prohibited in the respective districts. No uses or structures other than as
61 specified shall be permitted.
62
Use . A- A- 1 A- A- I
12 18 24 36
GGC
Short term rental 6
X X X X
Short term rental within the Sandbridge Special Service District.* PPPP
meeting all of the requirements of Section 241.2
Short term rental within an STR Overlay District, meeting all of the TP P P P
requirements of Section 241.2 and, where applicable, Section 2303 IC I C C C
. . . . 1 I
63
64
65 ARTICLE 9. - BUSINESS DISTRICTS
66
67 . . .
68
69 Sec. 901. - Use regulations.
70
71 (a) Principal and conditional uses. The following chart lists those uses permitted
72 within the B-1 through B-4K Business Districts. Those uses and structures in the
73 respective business districts shall be permitted as either principal uses indicated by a
74 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
75 shall be prohibited in the respective districts. No uses or structures other than as
76 specified shall be permitted.
77
Use B- B- B- B- B- B- B-
1 k1A 2 3 4 4C 4K
Short term rental X X X X 1 G C C
XX XJ
3
Short term rental within the Sandbridge Special Service 4
District,* meeting all of the requirements of Section 241.2 PPPPPP P
Short term rental within an STR Overlay District, meeting R
all of the requirements of Section 241.2 and, where X X X X C C C
applicable, Section 2303 — — —
• • • • I I I
78
79 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS
80
81 Sec. 1110. - Land use regulation.
82
83
84
85 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an
86 A-12 Apartment District other than hospitals and sanitariums, together with the
87 following enumerated uses and structures, shall be permitted:
88
89 (1) Fraternity and sorority houses, student dormitories and student centers;
90
91 (2) Housing for seniors and disabled persons, with a conditional use permit;
92
93 (3) Marinas;
94
95 (4) Private clubs or social centers provided that clubs where conduct of commercial
96 affairs is a principal activity shall not be permitted; a-ri-ct
97
98 (5) Residential care for seniors, provided that no more than two (2) employees
99 including a bona fide resident of the dwelling shall be permitted; and
100
101 (6) Home sharing meeting the requirements of section 209.6.
102
103 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses:
104
105 (1) Communication towers;
106
107 (2) Family day-care homes;
108
109 (3) Group homes;
110
111 (4) Kennels, residential;
112
113 (5) Religious uses;
114
115 (6) Wind energy conversion systems, free standing and roof-mounted; and
4
116
117 (7) Home-based wildlife rehabilitation facilities, provided that the principal
118 structure is a single-family dwelling and the lot is greater than two thousand
119 five hundred (2,500) square feet. and
120
121 (8) Short term rental.
122
123 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT
124
125
126
127 Sec. 1125. - Allowed uses.
128
129 Within the PD-H2 District, only the following uses and structures shall be permitted:
130
131 (a) Principal uses and structures.
132
133 (1) Dwelling units of the types specified in the land use plan;
134
135 (2) Public buildings, structures, and other public uses;
136
137 (3) Recreational facilities of the type described in the plan;
138
139 (4) Child care education centers, in connection with public or private
140 elementary schools or churches, provided that such uses shall not be
141 eligible for residential density credit;
142
143 (5) Day-care centers, provided that such uses shall not be eligible for
144 residential density credit;
145
146 (6) Public utilities installations and substations; provided offices or storage or
147 maintenance facilities shall not be permitted; and provided, further, that
148 utilities substations, other than individual transformers, shall be surrounded
149 by a wall, solid except for entrances and exits, or by a fence with a
150 screening hedge five (5) to six (6) feet in height; and provided also,
151 transformer vaults for underground utilities and like uses shall require only
152 a landscaped screening hedge, solid except for access opening; and
153
154 (7) Home sharing meeting the requirements of section 209.6; and
155
156 (c) Conditional uses.
157
158 (1) Religious uses, provided that such use shall not be eligible for residential
159 density credit;
160
161 (2) Family day-care homes; foster homes and group homes, provided that such
162 uses shall not be eligible for residential density credit;
5
163
164 (3) Home occupations; a-n8
165
166 (4) Housing for seniors and disabled persons.-; and
167
168 (5) Short term rental;
169
170 (6) Short term rental within a STR Overlay District meeting all of the
171 requirements of Section 241.2 and, where applicable, Section 2303.
172
173
174
175 C. RT-1 RESORT TOURIST DISTRICT
176
177 . . . .
178
179 Sec. 1501. Use regulations.
180
181 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist
182 District as either principal uses, as indicated by a "P" or as conditional uses, as
183 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of
184 Article 2 (section 220 et seq.). No uses or structures other than those specified
185 shall be permitted. All uses, whether principal or conditional, should to the
186 greatest extent possible adhere to the provisions of the Oceanfront Resort Area
187 Design Guidelines.
188
Use RT-1
Short term rental X
Short term rental within an STR Overlay District, meeting all of
the requirements of Section 241.2 and, where applicable, Section 2303
189
190 . . . .
191
192 C. RT-3 RESORT TOURIST DISTRICT
193
194 . . . .
195
196 Sec. 1521. Use regulations.
197
6
198 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District
199 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a
200 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section
201 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings,
202 buildings within the RT-3 District may include any principal or conditional uses in
203 combination with any other principal or conditional use. No uses or structures other than
204 those specified shall be permitted. All uses, whether principal or conditional, should to
205 the greatest extent possible adhere to the provisions of the Special Area Design
206 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive
207 Plan.
Use RT-3
Short term rental C^X
Short term rental within an STR Overlay District, meeting all of
the requirements of Section 241.2 and, where applicable, Section 2303
208
209 . . . .
210
211 C. RT-4 RESORT TOURIST DISTRICT
212 . . . .
213
214 Sec. 1531. Use regulations.
215
216 (a) Principal uses and structure:
217
218
219 (5) Short term rental within an STR Overlay District, meeting all of the
220 requirements of Section 241.2 and, where applicable, Section 2303
221
222 . . . .
223 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT
224
225 . . .
226
227 B. - DEVELOPMENT REGULATIONS
228
229 . . . .
230
231 Sec. 2203. - Use regulations.
7
232
233 (a) The following chart lists those uses permitted within the Central Business Core
234 District. Uses and structures shall be allowed either as principal uses, indicated by a
235 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X"
236 shall be prohibited, unless allowed by special exception for Alternative Compliance
237 pursuant to Section 2205. No uses or structures other than as specified herein or as
238 allowed pursuant to subsection (b) shall be permitted.
239
Use District
CBC
Short term rental G X
Short term rental within an STR Overlay District, meeting all of the P—C
requirements of Section 241.2 and, where applicable, Section 2303
240
241 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE
242
243
244
245 Sec. 5.2. Permitted Use Table.
246
MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC
BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING
Ground Upper Ground All Ground Upper Use Standard
USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes
LODGING
Short term rental — 6= S-- 6_- G--- -- See Sec.241.2
Short term rental P P P P See.Sec.241.2
within an STR and 2303(c).
overlay District
meeting the
requirements of
section 241.2 and,
where applicable,
Section 2303
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2021.
8
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department City Attorney's Office
CA15115
R-7
June 3, 2021
9
REQUESTED BY VICE-MAYOR WOOD, AND COUNCILMEMBERS TOWER AND
WILSON
1 AN ORDINANCE TO ADD ARTICLE 23,
2 CONSISTING OF SECTIONS 2300 THROUGH 2303,
3 (SHORT TERM RENTAL OVERLAY DISTRICTS) TO
4 THE CITY ZONING ORDINANCE ESTABLISHING
5 REGULATIONS AND REQUIREMENTS
6 PERTAINING TO SHORT TERM RENTALS IN EACH
7 OVERLAY DISTRICT
8
9 Sections Added: City Zoning Ordinance Sections
10 2300 - 2303
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through
19 2303, is hereby added and ordained to read as follows:
20
21 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICTS
22
23 Sec. 2300. Findings; intent.
24
25 The Virginia General Assembly has directed that short term rentals shall be
26 permitted as a principal use in the area defined as the Sandbridge Special Service
27 District. In addition, the City Council hereby finds that there are certain areas of the City
28 in which residential dwellings are, and historically have been, rented to vacationers or
29 others on a short term basis. In these area , the City Council finds that such use, when
30 appropriately regulated, may be carried on without adversely affecting the adjacent
31 residential neighborhoods. In other areas of the City, short term rentals are not
32 compatible with the residential use of the surrounding properties and are often the
33 cause of excessive noise, illegal or improper parking, traffic violations, congestion and
34 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in
35 which they occur The provisions of this Article allow short term rentals, with appropriate
36 restrictions, only in those areas directed by the General Assembly and/or in such other
37 areas in which short term rentals may be carried on without adversely affecting the quiet
38 enjoyment of neighboring properties.
39 The North End STR Overlay is an area on the Atlantic Ocean that has seen a
40 proliferation of short term rentals for many years, and where rental of property during
41 the summer is a common experience that has not generated significant negative impact
42 to the community. Although the short term rental use is generally compatible within the
43 North End STR Overlay, the City Council finds that a continuing proliferation of the use
44 will fundamentally change the character of the community, negatively impact property
45 values and diminish the quality of life for year round residents. Therefore this use
46 should be limited within the North End STR Overlay to the percentage of short term
47 rentals currently existing as of November 2, 2020.
48 The OR STR Overlay is an area of the City that is more urbanized than other
49 areas. The area includes the Atlantic Ocean and the Virginia Beach Boardwalk.
50 Lodging accommodations and other commercial activity supporting the resort area and
51 tourism are prevalent in this area. Accordingly, short term rental density limitations are
52 unnecessary in this overlay.
53
54 Sec. 2301. District boundaries.
55
56 (a) The Short Term Rental Overlay Districts boundaries shall be as
57 designated on the official zoning map of the city (STR).
58
59 (b) Other identified areas of the City may petition the City Council for an
60 overlay to be created if the identified community is able to gather the signatures of sixty
61 (60) percent of the owners of the properties in the community. Such communities shall
62 be pre-existing, and any new community boundaries may not be created for the purpose
63 of meeting the requirements of this section for creation of a short term rental overlay.
64
65 Sec. 2302. Application of regulations.
66
67 The designation of any property as lying within a Short Term Rental Overlay
68 District shall be in addition to, and not in lieu of, the underlying zoning district
69 classification of such property, such that any property situated in a Short Term Rental
70 Overlay District shall also lie within one or more of the zoning districts enumerated in
71 Section 102(a) of this ordinance. All such property shall be subject to the requirements
72 of this Article as well as to all other regulations applicable to it, and to the extent that
73 any provision of this Article conflicts with any other ordinance or regulation, the
74 provision of this Article shall control.
75
76 Sec. 2303. Use regulations.
2
77
78 (a) Subject to general requirements and to the regulations of the underlying
79 zoning district, all uses and structures permitted as principal, conditional or accessory
80 uses in the underlying zoning district in which they are located shall be so designated
81 permitted within the Short Term Rental Overlay Districts.
82
83 (b) Short term rental overlay — North End and OR
84 a. Short term rentals in the OR STR Overlay District shall be a principal
85 use, in the North End STR Overlay District they shall be a conditional
86 use, if in compliance with the requirements of Section 241.2 as
87 modified as follows:
88
89 i. Add to condition (1): Parking spaces created to comply with
90 this condition shall not add additional impervious area to the
91 site. Area within a residential garage may be used for no more
92 than one (1) required space provided the available area within
93 the garage meets the dimensional requirements of this
94 ordinance. used for required parking. Driveway area located
95 within the city right of way may be utilized to meet the parking
96 requirement provided there is no traffic impact and the location
97 of the parking space does not block vehicular traffic or an
98 existing sidewalk.
99 ii. Add to condition (1): In the OR STR Overlay District there are
100 certain condominium properties that have historically operated
101 as short term lodging units and have not experienced any
102 inconvenience to guests or the surrounding area without the
103 required one (1) parking space per bedroom. Further, such
104 properties are unable to provide the required parking on-site.
105 For these condominium properties, the zoning administrator
106 may, at his discretion, require one (1) parking space per
107 dwelling unit similar to the requirement for lodging uses in the
108 Oceanfront Resort District Form Bases Code (ORDFBC).
109 Such properties must provide written evidence of their past use
110 and the Zoning Administrator shall find that there is no public
111 inconvenience with the current parking design.
112 iii. Replacing condition (2): No events associated with the short
113 term rental shall be permitted with more than the allowed
114 number of people who may stay overnight (number of
115 bedrooms times two (2)) on the property where the short term
3
116 rental is located. This short term rental may not request or
117 obtain a Special Event Permit under City Code Section 4-1.
118 iv. Replacing condition (3): The owner or operator must provide
119 the name and telephone number of a responsible person, who
120 may be the owner, operator or agent, who is available to be
121 contacted and to address conditions occurring at the short term
122 rental within thirty (30) minutes and to be physically present at
123 the short term rental within one (1) hour. physical response to
124 the site of the short term rental is not required.
125 v. Replacing condition (1): No signage shall be on site, except
126 that each short term rental shall have one (1), four square foot
127 sign, posted on the building which identifies the property as a
128 short term rental and has the telephone number of the
129 responsible part" �n +�Yt large enough to be r ad from-the
130 public street. Architectural signs naming the structure arc
131 excluded from this limitation.
132 vi. Replacing condition (8): A short term rental shall have no
133 more than fifty two (52) rental contracts during a calendar year
134 than one (1) contract for every seven (7) consecutive days,
135 vii. Replacing condition (11): The maximum number of persons on
136 the property after 11:00 p.m. and before 7:00 a.m. ("Overnight
137 Lodgers") shall be two (2) individuals per bedroom, which
138 number shall not include minors under the age of 16, provided
139 that in no event case may the total number of persons staying
140 overnight at the property exceed the number of approved
141 bedrooms multiplied by three (3).
142 viii. For properties located within the boundaries of the Residential
143 Parking Permit Program (RPPP), while the short term rental
144 use is active, parking passes issued for the subject dwelling
145 unit(s) through the Residential Parking Permit Program (RPPP4
146 shall be limited to two resident passes only. Guest and
147 temporary passes through the RPPP shall not be permitted.
148 ix. Density limitations for short term rentals in the North End STR
149 Overlay shall be a maximum of 10.6% of all dwelling units in
150 the overlay (255 STRs).
151
152 (c) The use regulations of this section shall not apply to short term
153 rentals within a Short Term Rental Overlay District that were
154 grandfathered at the time of adoption of the short term rental
155 ordinance, which properties shall be subject exclusively to the
156 provisions of section 241 .2. The use regulations of this section
157 shall also not apply to short term rentals within a Short Term
158 Rental Overlay District that are operating under the provisions of
4
159 a conditional use permit, which properties are governed by the
160 provisions of section 241.2 and the conditions of the permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2021.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department City Attorney's Office
CA15116
R-13
June 14, 2021
5
REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES
1 AN ORDINANCE ESTABLISHING TRANSITION RULES
2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR
3 SHORT TERM RENTALS
4
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7
8 WHEREAS, the City Council has referred to the Planning Commission ordinances
9 creating the West Shore Drive Short Term Rental Overlay, East Shore Drive Short Term
10 Rental Overlay, North End Short Term Rental Overlay and Oceanfront Resort Short Term
11 Rental Overlay and providing new regulations that would be applicable to a short term
12 rental use within those overlays; and
13
14 WHEREAS, the referred ordinances would allow the short term rental use only in
15 those areas mandated by the General Assembly and in Short Term Rental Overlays;
16
17 WHEREAS, the short term rental use would no longer be authorized through the
18 granting of a conditional use permit if the referred ordinances are adopted; and
19
20 WHEREAS, it is the sense of the City Council that special transition rules should
21 be adopted to govern applications for conditional use permits for short term rentals that
22 are filed but not approved prior to the referral date of the Ordinances.
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 Any application for a conditional use permit for a short term rental accepted
28 prior to the date of referral shall be processed based upon the law existing at the
29 time of submission. Any application accepted after the date of referral shall be
30 considered based upon the law applicable at the time of City Council consideration.
31 No application shall be unnecessarily delayed.
32
33 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA:
35
36 That nothing in this ordinance shall be construed to affect any vested rights which
37 existed as of the effective date of the Ordinance.
38
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2021 .
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department City Attorney's Office
CA15137
R-3
September 4, 2020
2
Virginia Beach
DEPARTMENT OF PLANNING
SHORT TERM RENTAL
CITY COUNCIL REFERRAL AND PLANNING COMMISSION RECOMMENDATION
Prepared by: Robert J.Tajan, Director
Additional column added based on City Council Discussion on May 25, 2021 noting direction given to staff.
Ordinances referred to Planning Commission by City Council on October 21, 2021.
Ordinances considered by the Planning Commission on March 11, 2021. (PC Action in RED)
Item 2a: Create three Short Term Rental overlay districts: Motion to approve as amended (shown on pages 2-4), 7 to 0.
East Shore Drive
North End
Oceanfront Resort
Item 2b: Amend the official zoning map to include the overlay districts: Motion to approve, 7 to 0.
Item 2c: Establish conditions for each overlay district: Motion to approve, 7-0.
Item 2d: Amend the requirements for Short Term Rentals in each zoning district(use tables): Motion to approve, 6-1.
Item 2e: Establish transition rules: Motion to approve, 7-0.
Item 2f: Additional Safety Requirements: Motion to approve, 7-0
1II-' a e
Virginia Beach
DEPARTMENT OF PLANNING
PROPOSED EAST SHORE DRIVE STR OVERLAY DISTRICT
ITEMS 2A & 2B
OVERLAY CITY COUNCIL PLANNING COMMISSION
DISTRICT REFERRAL RECOMMENDATION City Council Direction
• North— • North—Chesapeake • Eliminate East
Chesapeake Bay Bay Shore Drive
NEW ��.0 t, • South—Cape • South—Shore Drive Overlay from
OVERLAY ,,!� V' Henry Bike Trail • East—First Landing proposal
,_ • East—First State Park
�_�"" a„�` :r 40 ', Landing State • West—west side of
J��.. N o�° ..0 Park Cape Henry
T e less .^ CO9 East • West—west side neighborhood and
i 0001 N _ Shore of Cape Henry west side of The
i
v. �_ - ' a - Drive STR neighborhood Landings
4 o` �i „���°" and west side of Condominiums
sh cm,. a`
f N The Landings
nN N
= ,,' Condominiums • STR by CUP
• Density cap of 11.5%
of dwelling units
• One rental contract
per week
2 I l' r., 0 0
•
Virginia Beach
DEPARTMENT OF PLANNING
PROPOSED NORTH END STR OVERLAY
ITEMS 2A & 2B
i OVERLAY CITY COUNCIL PLANNING COMMISSION
salt et DISTRICT REFERRAL RECOMMENDATION City Council Direction
S 8gth Stle�t
hQ.��! g4t11 Street
$Znd Street
• North Boundary: • Same boundaries for • Only include initially
Fort Story North End portion. referred North End
got Street
h
• Southern • STR by CUP Boundary(do not include
q , Boundary: 49% • Add "The Hollies" (45th "The Hollies")
•+ Street Street to 49t�' Street) • STR by CUP
North End • East Boundary: • Density cap of 10.6%of • Density cap of 10.6%
Atlantic Ocean dwelling units which equals 255 STRS in
,_--V_r., • West Boundary: • One rental contract per overlay
67 hVee First Landing State week • One rental contract per
p� •1 ree.
650-)\,_._;•. Park and Holly week
\� Road
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31
1/13
Virginia Beach
DEPARTMENT OF PLANNING
PROPOSED OCEANFRONT RESORT STR OVERLAY DISTRICT
ITEMS 2A & 2B
OVERLAY CITY COUNCIL PLANNING
DISTRICT REFERRAL COMMISSION City Council Direction
RECOMMENDATION
■ All of the • All of the existing • All of Existing OR
existing OR OR district District
Oceanfront • STR by-right • STR by-right
7- Resort • Add remaining • Do not include RT
a'•. District properties zoned zoned properties
- �1. '
4 u**`` Zoning
RT(Resort • One rental
'''r '','',4;\; „ Tourist) contract per
i./
+ Ocean Front • Two rental week
°" " ` =R" Resort (OR) contracts per
I wY .r R
u week.
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•
Virginia Beach
DEPARTMENT OF PLANNING
ITEM 2C
ITEM EXISTING ORDINANCE CITY COUNCIL REFERRED PLANNING COMMISSION City Council Direction
ORDINANCE RECOMMENDATION
Definition of • Permitted Use. • No change from existing • No change from CC • No change
Home Sharing • Must pay taxes and ordinance referral
register with
Commissioner of Revenue
(COR), not Zoning Office.
• Must be operator's
principal residence;
operator must be present
during rental period.
Sign posted on • One sign permitted, not to • No change from existing • Require a sign be posted • Agrees with PC
home exceed 4 square feet in ordinance with the contact phone recommendation
size. number of
• Sign must be attached to operator/representative.
home. Sign must be visible from
• Architectural signs naming the street (Including
the home are exempt. Sandbridge).
Registration • Must be maintain with the • No change from existing • No change from CC • No change
and taxes COR and all applicable ordinance referral
taxes paid. (per CC direction, an annual
permit/license will be created
with fee to be collected by
the Zoning Office)
5I !
•
Virginia Beach
DEPARTMENT OF PLANNING
Summary of • Summary of code section • No change from existing • No change from CC referral • No change
City Code must be posted in home. ordinance
Sections: [fires • Summary provided by the
on beach, Zoning Administrator.
fireworks,trash
disposal, noise,
and the parking
plan]
Trash • Trash must be kept in • No change from existing • No change from CC referral • No change
automated refuse ordinance
receptacles.
Insurance • $1,000,000 liability • No change from existing • No change from CC referral • No change
Requirement insurance required. ordinance
■ Proof of insurance must
be provided and kept with
the Zoning Office.
Noise • No outdoor amplified • No change from existing • No change from CC referral • No change
sound after 10 p.m. or ordinance
before 10 a.m.
6I .
Virginia Beach
DEPARTMENT OF PLANNING
Criteria to be • Must be registered with • No change from existing • No change from CC referral • Add in administrative
Grandfathered the Commissioner of ordinance removal of grandfathered
Revenue and pay TOT status if the property is not
(Staff proposed to
taxes prior to July 1, 2018. used as an STR for a two
administratively remove any
• Grandfathering runs with grandfather status if the year period.
the land and is valid until property not used as STR for a
STR use ceases to exist on two year period. This was not
property. included in referral)
• Revocation of
grandfathering only if
overall square footage of
the structure is increased
by 25%or 1,000 square
feet(whichever is less).
Use of • Accessory structures shall • No change from existing • No change from CC referral • No change
Accessory not be used as short term ordinance
Structures as rentals.
STRs
Violations • Violations are a civil • No change from existing • No change from CC referral • No change
penalty. ordinance
• Fines/summons issued,
$200 for first violation,
$500 for each subsequent
violation.
7IPai- P
Virginia Beach
DEPARTMENT OF PLANNING
Establish • No overly districts • Establish three overlay • East Shore Drive established • Remove East Shore Drive
Overlay currently exist districts: East Shore Drive, (southern boundary moved • Establish North End Overlay
Districts North End, and Oceanfront north to Shore Drive) as described above on maps.
Resort • North End established • Include OR zoned properties
■ (Includes "The Hollies") in STR Overlay
■ Oceanfront Resort • Do not include"The Hollies"
established (Includes RT and RT zoned properties
zoned properties.)
Requirement for • CUP required for any STR • CUPs will no longer be • CUP required for STRs • CUP required for STRs in
a Conditional that is not 'grandfathered' considered for STR use. located in the East Shore North End STR overlay
Use Permit or located in the • STRs permitted only if Drive and North End • STRs permitted by-right in
(CUP) Sandbridge SSD (State located in a proposed overlays. the OR district
legislation). overlay district. • STRs permitted by-right in OR • New STRs prohibited
• Must meet standards of district. elsewhere in the City(except
section 241.2. • STRs prohibited (except Sandbridge where permitted
• Must pay taxes and 'grandfathered' and by state law)
register with COR. previously approved CUPs) • Administrative review and
everywhere else in the City. extension of existing CUPs
• Administrative review and once their 5 year expiration
extension of existing CUPs date is up. If violations,send
once their 5 year expiration to CC for revocation.
date is up. If violations,send
to CC for revocation.
8IP ..
•
Q'tV o�
Virginia Beach
DEPARTMENT OF PLANNING
Parking • Required:One space per • One off-street per bedroom • One off-street per bedroom • Agree with PC
Requirement bedroom. required. required. recommendation
■ If minimum cannot be • One space within garage • 9e All space within garage • Address parking for"Condo-
met, parking plan needs to (meeting dimensional (meeting dimensional Hotels"
be approved by the criteria) may count. criteria) may count.
Zoning Administrator. • Any spaces added on-site • Any spaces added on-site
• No street parking may be shall be pervious material. shall not be impervious shall
used. • No street parking may be be pervious material.
used. • No street parking may be
used.
Inclusion in the • Not included in the • While STR is in use, dwelling • No change from CC referral • No change
Residential existing ordinance, limited to 2 residential
Parking Permit [included as a condition on passes only.
Program(RPPP) all applicable properties.] • Guest and temporary passes
shall not be permitted.
Special Events • Special event permit • No events associated with • No change from CC referral • No change
required for gathering STR with more persons than
with more than 50 people. maximum occupancy.
(Permit through Resort • STR may not request a
Management Office) Special Event Permit.
• No event may exceed than
100 persons.
• 3 events allowed per year.
9I
Virginia Beach
DEPARTMENT OF PLANNING
Identification of • Provide name and • Provide name and • Provide name and telephone • Agree with PC
a Responsible telephone number of telephone number of number of responsible recommendation
Party contact person. responsible person available person available to be
■ Contact person must be to be contacted and address contacted and address
available to address problem within 30 minutes. problem within 30 minutes.
problem within 30 • Responsible party must be • Responsible party must be
minutes. able to physically respond to able to physically respond to
■ Not required to physically site within 30 minutes. site within one hour.
go to STR.
Number of • No more than 2 contracts • No more than 52 rental • In the East Shore Drive and • One rental contract per
Rental permitted within 7 contracts during a calendar North End overlays, one seven-day period in all
Contracts consecutive days. year. rental contract per week. Overlays (no change to
[Conditional that has been • In the OR overlay,two rental Sandbridge)
used as per City Council contracts per week. • Require ledger to be
Guidance: No more than provided showing number of
one rental contract per rentals for past year, rental
seven day period.] dates,and occupants. No
identifying information is to
be provided.
10
Virginia Beach
DEPARTMENT OF PLANNING
Maximum • Total occupancy of the • Total occupancy of the • No change from CC referral • No change
Occupancy home between the hours home between the
permitted of 11 p.m. and 7 a.m. shall hours of 11 p.m. and 7
not exceed 3 persons per a.m. shall not exceed
bedroom. (Example: 3 two persons per
bedroom home= max bedroom.
occupancy of 9.) • Persons under the age
■ [Conditional that has been of 16 shall not be
used as per City Council included in calculation
Guidance: Total occupancy above; however, in no
not to exceed two persons case shall the total
per bedroom (Example:3 number of persons
bedroom home=max exceed 3 per bedroom.
occupancy of 6.)]
Time limitations ■ CUP shall expire after 5 • No change from ■ Allow administrative review ■ Agree with PC recommendation
for Conditional years. existing ordinance and extension every 5 years
Use Permits • CUP may be • CUP may not be • If violations are found to be
administratively renewed renewed detrimental to neighborhood,
by the Planning administratively by the bring to CC for revocation.
Department. Planning Department
■ Zoning will notify City because STRs are no
Council in writing of any longer an approved
complaints related to STR use.
use.
Maximum • Not addressed in current • Not referred by CC • 11.5%density cap in the East ■ No Overlay in East Shore Drive
Density ordinance Shore Drive (% reflects • 10.6%density cap in the North
existing number of STRs) End which equals 255 operating
■ 10.6%density cap in the North STRs (%reflects existing number
End (% reflects existing of STRs both legal and illegal as
number of STRs) of November 2,2020)
11l
. NB,
Virginia Beach
DEPARTMENT OF PLANNING
ITEM 2F
ITEM EXISTING ORDINANCE CITY COUNCIL REFERRED PLANNING COMMISSION
ORDINANCE RECOMMENDATION
Life Safety • To the extent permissible • No change from existing o • No change from CC referral • No change but add
under state law, Owner/representative requirement for on-site
interconnected smoke provide Zoning with signed inspection prior to issuance
detectors and CO affidavit (annually) stating of zoning permit.
detectors (where the following:
applicable) required. • Fire extinguisher installed
and location;
■ ordinance
Deck Safety • No regulations regarding • Structural report must be • Structural report must be • Agree with PC
deck safety are present in submitted annually to the submitted revery five recommendation
the existing ordinance zoning office years to the zoning office
• Must indicate all exterior • Must indicate all exterior
stairs, decks, porches and stairs, decks, porches and
balconies are safe. balconies are safe.
• Inspection done by licensed • Inspection done by licensed
engineer or construction engineer or construction
professional. professional registered
• Occupant load must be design professional.
noted and put on a placard • Occupant load must be noted
displayed at the property. and put on a placard
displayed at the property.
12
15
ITEM#71748
Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
LEGAL MATTERS: Consultation with legal counsel and briefings by
staff members or consultants pertaining to actual or probable litigation,
where such consultation or briefing in open meeting would adversely
affect the negotiating or litigating posture of the public body pursuant to
Section 2.2-3 711(A)(7).
• Holloway et al v. City of Virginia Beach
June 22, 2021
16
ITEM#71748
(Continued)
Upon motion by Council Member Moss,seconded by Vice Mayor Wood, City Council voted to proceed into
CLOSED SESSION at P.M.
r
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Jessica P.Abbott
Break 4:58 P.M. — 5:09 P.M.
Closed Session 5:09 P.M. — 5:48 P.M.
June 22, 2021
17
CERTIFICATION
ITEM#71749
Mayor Dyer RECONVENED the Special Session at 5:48 P.M.
Upon motion by Vice Mayor Wood, seconded by Council Member Moss, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,
Louis R.Jones,John D.Moss,Aaron R.Rouse, Guy K. Tower,Rosemary
Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten
Council Members Absent:
Jessica P.Abbott
June 22, 2021
0.141A BEi4c�
f t1s
s
•
J 0° OUR NRC'\Od
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#71748 Page 16 and in accordance with the provisions of The Virginia
Freedom of Information Act;and,
WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
Am a Ba es MC
City Clerk
June 22, 2021
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19
ADJOURNMENT
ITEM#71751
Mayor Robert M. Dyer DECLARED the City Council SPECIAL SESSION ADJOURNED at 5:51 P.M.
Terra . C aus
Chief Deputy City Clerk
A ands Barnes, MC Robert M. Dyer
City Clerk Mayor
June 22, 2021