HomeMy WebLinkAboutAPRIL 18, 1988 MINUTESCity ()t' Vi[-gix it
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ROBERT G. JONES, At La~ge
VICE MAYOR MEYERA E OBEFJqDORF, At Large
ALBERT W. BALKO, Lynnhaven B~ough
JOHN A BAUM, BlackuJater Borough
ROBERT E FENTP~SS, Virginia Beach Borough
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
REBA S Mt'CLANAN~ Erincess Anne Borough
JOHN D MOSS, Kempst,ilIe Borough
NANCY K. PARKER, At Large
JOHN L PERRY, Bayside Borough
CITY COUNCIL AGENDA
281 CIY¥ HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
(804J 427-4303
APRIL 18, 1988
ITRM I.
CITY MANAG~'S BRIEFING - Conference Room - 12:30 PM
A. HEALTH CARE PLAN
Giles G. Dodd, Assistant City Manager for Administration
IT~Iq II. COUNCIL CONFERENCE SESSION
- Conference Room - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM III. INFORMAL SESSION
- Conference Room - 1:15 PM
A. CALL TO UNDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FC~%MAL SESSION
- Council Chamber - 2:00 PM
A. INVOCATION: Reverend Michael Johnson
Grace Brethren Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Co ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF IT~4S FOR THE FORMAL AGENDA
MINUTES
1. SPECIAL SESSION - BOND PRESENTATION - April 13, 1988
2. INFORMAL & FORMAL SESSIONS - April 11, 1988
CERemONIAL PRESENTATIONS
1. PROCLAMATION
VOLUNTEER RECOGNITION WEEK
April 17-24, 1988
2e
RESOLUTIONS IN RECO~ITION
a. COASTAL STUDY COMMITTEE Dr. Robert Byrne
b. HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
F. Reid Ervin
G. PUBLIC HEARING
1. THE CC~PREHENSIVE ZONING ORDINANCE - Recommended Revisions
(The ordinances and policies being proposed
have been revised, based in part on comments
received at previous public hearings. In
addition, there are various proposed text
changes to the Zoning Ordinance.)
ORDINANCES/RESOLUTIONS
1. ADOPT the City of Virginia Beach Zoning Ordinance
2. DEVELOPMENT ORDINANCE REVISIONS, including Stormwater Management
Ordinance and Subdivision Ordinance:
a. AMEND and REORDAIN Sections 9.2, 9.3 and 9.4 regarding
variances;
b. AMEND and REORDAIN Section 4.4(i) regarding zero-lot-lines;
c. AMEND and REORDAIN Section 4.4(e) pertaining to landscaping of
lots abutting major highways;
d. AMEND and P~EORDAIN Section 4.4(f) pertaining to the orderly
platting of side lot lines; and
ESTABLISH Stormwater Management Regulations, Procedures and
Requirements in relation to stormwater management plans, and
penalties for violation of such regulations.
Resolution to ADOPT Landscape and Buffering Specifications and
Standards to be applied in connection with the Zoning Ordinance of
the City of Virginia Beach·
4. Resolution to ADOPT Transitional Rules to be followed in connection
with the Revision of the City's Zoning Ordinance.
5. INDUSTRIAL DEVELOPMENT REVENUE BOND:
Resolution approving the issuance of Industrial Development Bond:
~homas L. Keith $1,000,000
I. CONSENT AGENDA
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 any item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
P~ESOLUTION IN RECOGNITION
Dr. Robert Byrne
F. Reid Ervin
Ordinance upon SECOND READING to APPROPRIATE $13, 100 for an
Environmental P~ sources Inventory/Urban Develol~ent Impact
Evaluation System and accept Grant Funds in the amount of $10,000
frc~ the Virginia ~ouncil on the Enviror~ent.
Ordinance upon SECOND READING to ACCEPT and APPROPRIATE $6,000 from
the United States Department of P~using and Urban Develop·hr for
an Emergency S~elter Program.
Ordinance upon FIRST READING to Increase Revenues and
Appropriations in the FY '87- '88 Operating Budget by $27,000 for
the purchase of a replac~ent ambulance through the Division of
~me rgency Medical Services for the B1 ackwater Volunteer Rescue
Squad.
5. Ordinances Granting Franchises for Open Air Cafes:
ae
Atlantic Enterprises, Inc.
trading as ~ceanfront Inn/Surfside Cafe
2901 Atlantic Avenue
Atlantic Resort Associates
trading as Rest Western Oceanfront
1~01 Atlantic Avenue
Barclay Rostaurant Corporation
trading as London Pavilion Cafe
809 Atlantic Avenue
de
Enach Motel Corporation
trading as Thunderbird Motor Lodge
3410 Atlantic Avenue
Colonial Inn, Inc.
trading as Cary's Cafe
2809 Atlantic Avenue
Island Republic, Inc.
trading as Island Republic Cafe
1905 Atlantic Avenue
ge
Kona Koast Corporation
trading as Outrigger Lounge/Kona Cafe
1805 Atlantic Avenue
Oceanside Investment Associates
trading as Holiday Inn Oceanside/Jonah's
2105 Atlantic Avenue
Princess Anne Inn, Inc.
trading as Mother Kelley's Outside Inn
2500 Atlantic Avenue
Sandcastle Motel, Inc.
trading as Pierside Cafe
14th Street and Atlantic Avenue
Triton Towers Associates
trading as Water's ~ge Cafe
2207 Atlantic Avenue
6. Ordinances Granting Franchises for Mobile Vendor Operations:
a. Beach Smokehouse, Inc.
20th Street Connector Park
b. Del's Lemonade
22nd Street Connector Park
c · Popcornucopia
13th Street Connector Park
d. Uncle Harry's Cones and Cream
37th Street Connector Park
BINGO/RAFFLE PEP/4 ITS
Plaza Recreation League
St. Gregory's Woman's club
St. Matthews Elementary School
- Raffle
- Raffle
- Bingo/Raffle
8. Ordinance authorizing tax refunds in the amount of $1,727.74
J. U~PF INIS HED BUSINESS
Ke
BUSINESS
Lnterim Financial Statements
through February 29, 1 988
for the period of July
1, 1987,
L. AD JO~ENT
1988/1989 FY OPERATING BUDGET
WfH~KSHOPS
COUNCIL CONFERENCE ROOM
4:00-7:00 PM
APRIL 21, 1988
PUBLIC HEARING
Princess Anne High School
7:00 PM
APRIL 28, 1988
R~CONC ILIATION WORKSHOP
COUNCIL CONFERENCE ROOM
10:00 AM-12:00 NOON
MAY 2, 1988
FIRST READING: MAY 9, 1 988
S~COND READING: MAY 16, 1988
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 18, 1988
The CITY'S MANAGER'S BRIEFING relative the City's HEALTH CARE PLAN of the
VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in
the Conference Room, City Hall Building, on Monday, April 18, 1988, at 12:30
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. Oberndorf and John L. Perry
Council Members Absent:
Councilwoman Nancy K. Parker
(ENTERED: 12:46 P.M.)
- 2 -
CITY MANAGER'S BRIEFING
HEALTH CARE PLAN
12:30 P.M.
ITEM # 29200
Giles Dodd, Assistant City Manger for Administration, introduced Nancy D.
Quigley and Gino A. Nalli, Consultants with the Wyatt Company
Gino A. Nalli advised the Wyatt Company is an international Employee Benefits
Consultant Firm that provides an entire array of services to major employers.
One of the primary objections in undertaking the Employee Benefits Plans of the
City of Virignia Beach was to determine the level of employee satisfaction. In
order to meet this objective, a formal written survey was conducted. Surveys
were distributed to all employees currently eligible to participate in the
benefit plans. Of this initial mailing, 1,7~1 were returned to the Wyatt
Company. A random sample of five hundred of these responses was selected for
tabulation and analysis. The City scheduled a series of meetings where Wyatt
responded with a small group of employees resulting in a round table
discussion. Throughout the focus group meetings there was one common thread of
concern: Regardless of the medical plan, employees feel they need better
information and support from the City. Employees feel there should be someone
available to assist them in answering coverage questions and resolving issues.
In addition, the City should offer health promotion programs. Unfortunately,
underlying all discussion of the City's management of the plans was a strong
feeling of frustration
The Consultants met with a group of physicians including the President of the
Medical Society, as well as representatives from the Hospital. A formal survey
was then conducted of the Physicians Community.
Nancy D. Quigley reiterated the recommendations of the Wyatt Company:
In order to provide the City the latitude to
implement a flexible benefit program, it is
recommended that the anniversary dates of the
various health plans coincide with the calendar
year.
Do not change the present arrangement with
Commonwealth Health Alliance (CHA). There are
insufficient data to judge the CHA program. A
change at this time, after numerous changes in
recent years, would add to the confusion and
misunderstanding among employees as observed in
this study. It is recommended that the City
negotiate CHA Program improvements with regard:
Administration and Claims Processing, Performance
Standards and Funding.
Recruit a dedicated benefits administrator to
manage the various facets of the City's program
which include but are not limited to, facilitation
communication, coordinating plan administration and
developing training programs.
It is not recommended that the present HMO
arrangements be changed. It is suggested that the
City negotiate HMO premiums through December 31,
1988. A June 1988 open season is suggested in which
employees can only opt out of HMO's. Any new HMO
enrollment would be frozen until January 1, 1989.
Before January 1, a joint HMO program with the
School Board should be evaluated. Alternatively,
the City might want to reconsider the HMO's it
offers in the light of a better unSerstanding of
CHA experience and expected changes in the HMO
industry.
April 18, 1988
- 3 -
CITY MANAGER'S BRIEFING
HEALTH CARE PLAN
ITEM # 29200 (Continued)
Introduce reimbursement accounts as a relatively
inexpensive way to increase employee morale and
reduce the premium burden. Clearly, an increase in
the City's premium contribution would also be
considered a benefit enhancement. Finally, upon
review of the demographic data, the City should
consider expanding the definition of a two person
premium rate to include husband and wife.
A concentrated benefit communications program is
needed, ideally coordinated with the recruitment of
benefit administrator. Based on this study, the
City could enjoy improved employee relations
through the dissemination of accurate, timely and
consistent information.
The Wyatt Company Report is hereby made a part of the record.
Giles Dodd, Assistant City Manager for Administration,
suggestions of the Health Care Task Force:
Negotiate a one time 3 month contract (7/1/88
10/1/88) with the HM0's in order to realign the
effective date of all three health care contracts.
Allow HMO participants only the opportunity to opt
to the CHA Plan during the period 7/1/88 - 10/1/88.
This is recommended based on the substantial rate
increase anticipated for the HMO and dental
contracts. Prudential has insured continuance of
dental coverage until October l, 1988, with no rate
increase.
Hold the open enrollment period for all plans
August 1 - 31 for an effective date of October 1.
Negotiate a one time 15-month contract (t0/~/88
12/31/89) with the present health plans to have
contracts coincide with calendar year ~990 which
will be the first full year of the new flexible
benefits program.
Begin steps to communicate employee survey results
and the above actions to employees.
reiterated the
Giles Dodd advised a meeting was planned with the Schools. Giles Dodd has been
informed the School System might be interested in the City's Commonwealth
Health Plan. Equicor has indicated the only conditions under which they would
continue with no rate increase was if they would be guaranteed 300 employees on
October 1, 1988. The Commonwealth Health Plan would also be increased by 15%
on October 1, ~988. The City could not guarantee either one of these items.
Therefore, they have proposed a rate increase effective July First. The City
would then have a modified enrollment period during the month of May in which
employees can go from Equicor into the Commonwealth Health Plan. During the
Open Enrollment period, because of a Federal mandate, a maxi care plan might
have to be offered.
The City Manager will continue to keep the City Council informed as the
enrollment period approaches.
April 18, 1988
-4-
CITY MANAGER'S ADMINISTRATIVE ITEMS
ITEM # 29201
The City Manager distributed information pertaining to building permits for
certain fences and regulations regarding these fences. City staff shall be
available at a future time to BRIEF City Council concerning these items.
ITEM # 29202
The City Manager referenced an Ordinance declaring an Emergency at the
Oceanfront at Sandbridge Beach as a result of a Storm occurring on or about
April 13, 1988, AND, a Resolution which will reaffirm and Declare an Emergency
in the Sandbridge Area of the City of Virginia Beach as a result of the Storm
on or about April 13, 1988. These items will be ADDED to the Agenda.
The City Engineer may determine which structures or properties on the
oceanfront at Sandbridge are in clear and eminent danger from erosion and
damage due to severe wave action or storm surge. The owners of structures or
properties in such danger are allowed to apply and the City Engineer is allowed
to issue an emergency permit with reasonable conditions to allow the owner to
erect and maintain protective bulkheads of a type, size and configuration
approved by the City Engineer.
The Wetlands Board may review the City Engineer's determination and decision to
grant each emergency permit. The Board may also ratify each of the City
Engineer's decisions within thirty (30) days of the issuance of a permit.
The City Manager advised he authorized the Public Works Department to proceed
with the improvement of the road at Sandbridge.
April 18, 1988
-5-
ITEM # 29203
CITY COUNCIL CONCERNS of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
April 18, 1988, at 1:20 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. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
April 18. 1988
-6-
CITY COUNCIL CONCERNS
ITEM # 29204
Councilman Balko requested a campaign be initiated to install street numbers
on houses and businesses.
The City Manager advised public information type programming would be SCHEDULED
for Channel 29 and flyers would be distributed in Utility Bills.
The Mayor suggested this would be a good Project for the Cub Scouts or
Brownies.
ITEM # 29205
Councilman Moss referenced the letter dated April concerning the V-DOT Public
Hearing at Lake Taylor High School on May 4, 1988, at 7:00 P.M. Councilman
Moss referenced the financial implications and the very short notice given.
Councilman Moss believed the City of Virginia Beach would want more input on
this particular subject.
Councilwoman McClanan further advised this notice referenced local Ordinances
providing for noise intineration that then it is not acceptable to do this.
Councilman Moss advised if the locality does not take certain measures
themselves, the State is not interested in the problem. Councilwoman McClanan
believed this would mean expediting Ordinances in relation to same.
The City Manager advised information from the Staff would be provided
expeditiously.
ITEM # 29206
Councilwoman Henley referenced the TTDC Conference on Thursday, April 21, 1988,
commencing at 9:00 A.M. concerning Transit in Suburbia relative mass transit.
ITEM # 29207
Councilman Perry referenced communications. Only if he talked to Kathleen
Hassen could his requests be accomplished. Councilman Perry referenced the
trucks rattling the old plumbing in the houses on Baker Road from Northampton
Boulevard to Wesleyan Drive. Councilman Perry also referenced a pumping station
in need of paint.
The Mayor advised the structure of the City Government is such that the City
Council's Employee is the City Manager and the Department Heads are the City
Manager's Employees and they are suppose to respond basically to his requests.
In the case of desired actions, the proper format is to present the request to
the City Manager.
IT~4 # 29208
Councilwoman McClanan referenced ELLE MAGAZINE, the French Magazine. The
Magazine is printed in French with glorious terms of the Cavalier Hotel and
Virginia Beach. This Magazine was sent to her by her daughter who is studying
in Europe.
April 18. 1988
-7-
CONCERNS OF THE MAYOR
ITEM # 29209
The Mayor referenced the petition from residents of Saw Pen Point regarding
their lack of interest in the City Parks. The Mayor distributed said petition
to the Members of City Council.
April 18, 1988
-8-
ITEM # 29210
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,
April 18, 1988, at 1:30 P.M.
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
April 18, 1988
-9-
ITEM # 29211
Mayor Robert G. 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:
PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLIC FUI%rDS INVESTMENT: The investing of public funds where competition or
bargaining is involved, where if made public initially the financial
interest of the governmental unit would be adversely affected.
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 Baum, seconded by Councilman Moss, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentrsss,
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
April 18, 1988
-10-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 18, 1988
2:00 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, April t8,
1988, at 2:00 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. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION:
Reverend Michael Johnson
Grace Brethan Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
April 18, 1988
-11 -
Item IV-D.1.
ADOPTION OF ITEMS
ITEM # 29212
Councilwoman McClanan referenced Ordinances granting Franchises for Mobile
Vendor Operations: Beach Smokehouse, Inc. 20th Street Connector Park, Del's
Lemonade - 22nd Street Connector Park, Popeornu¢opia - 13th Street Connector
Park,1 Uncle Harry's Cones and Cream - 37th Street Connector Park. (See Item
IV-I. a/b/c/d, of the CONSENT AGENDA.) Councilwoman McClanan has a question
concerning same.
Item IV-D.2.
ITEM # 29213
Councilwoman Henley referenced an Resolution authorizing the Ordinance
declaring an Emergency and authorizing emergency permits to property owners who
suffered damage at the Oceanfront (Sandbridge Beach) as a result of the Storm
occurring on April 13, 1988, AND, a Resolution which will reaffirm and Declare
an Emergency in the Sandbridge Area of the City of Virginia Beach as a result
of the Storm on April 13, t988. These items will be ADDED under NEW BUSINESS.
Item tV-D.3
ITEM # 29214
Councilman Fentress referenced an additional item under NEW BUSINESS.
Councilman Fentress will sponsor Dr. Michael McLean, Chiropractor.
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.
April 18, 1988
-12-
Item IV-E.1.
MINUTES
ITEM # 29215
Upon motion by Councilwoman Parker,
Council APPROVED the MINUTES of the
1988
seconded by Councilman Fentress, City
INFORMAL & FORMAL SESSIONS of April 11,
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Meischober, 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
April 18, 1988
-13-
Item IV-E.1.
MINUTES ITEM # 29216
Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City
Council APPROVED the MINUTES of the SPECIAL SESSION - BOND PRESENTATION of
April 13, 1988
Voting: 10-0
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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
John D. Moss*
Council Members Absent:
None
*Councilman Moss ABSTAINED as he was absent for the SPECIAL SESSION - BOND
PRESENTATION - April 13, 1988.
April 18, 1988
Item IV-F.1
CERemONIAL PRESENTATIONS
PROCLAMATION
ITEM # 29217
Mayor Robert G. Jones PROCLAIMED the week of April 17-24, 1988 as:
VOLUNTEER RECOGNITION WEEK
This PROCLAMATION was ACCEPTED by Robbie Spanton and Elsie Benson and Bruce
Edwards, Director of Emergency Services.
Robbie Spanton received the Debra Lee Elam Youth Award in working with the
Mental Health and Mental Retardation Program.
The Roland E. Dorer Long Term Community Service Award was presented to Elsie
Benson.
This PROCLAMATION recognized volunterism as an integral part of the City
government and community by extending services and programs beyond budget
constraints
Aoril 18. 1988
Irortamatio.
WHEREAS, thousands of individuals are making gifts of
time, talents, and energies in some form of volunteer
service; and
WHEREAS, volunteer work provides opportunities to every
citizen for personal growth, career exploration, and civic
contribution; and
WHEREAS, volunteerism is increasingly recognized as an
integral part of our City government and community by ex-
tending services and programs beyond budget constraints; and
WHEREAS, volunteers, through their demonstrated concern
and commitment to the well-being of others, prove assurance
for the continuing quality of life in Virginia Beach.
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of
Virginia Beach, do hereby proclaim April 17-24, 1988 as
VOL%'~TSER RECOGNITION
in Virginia Beach and call the message it suggests to the
attention of all citizens.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Virginia Beach, Virginia, to
be affixed this eighteenth day of April, nineteen hundred and
eighty-eight.
Robert G. Jones
Mayor
Item IV-F.2.
CEREMONIAL PRESENTATIONS
RESOLUTIONS IN RECOGNITION
-15-
ITEM # 29218
Mayor Robert G. Jones will forward RESOLUTIONS IN RECOGNITION:
Dr. Robert Byrne
COASTAL STUDY COMMITTEE
F. Reid Ervin
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
The gentlemen were unable to attend to ACCEPT their RESOLUTIONS.
April 18, 1988
6 The Virginia Beach Sun, March 30, 1988
NOTICE OF
PUBLIC HEARING
The Virginia Beach City Coun-
cil will hold a public hearing at
2:00 p.m. on Monday, April 18,
1988 in the City Council Cham-
bers. The purpose of this public
hearing is to receive comments
from the public and consider for
adoption an updated Zoning Or-
dimmce and other related ordinan-
ces and policies.
The ordinances and policies
being proposed have been revised
based in part on comments
received at previous public
hearings. In addition to various
proposed text changes to the
Zoning Ordinance, certain changes
are proposed as follows:
1. Various zoning map changes
to create new districts applicable
to some oceanfront and bayfront.
residential areas; to create new
office district; and to create a
district recognizing vested rights
of development where applicable
regulations would otherwise be
changed.
2. The retitling of certain
zoning categories.
3. A report with Recommen-
dations for Improved
Management of Environmental
Resources.
4. A stormwater Management
Ordinance applicalbe to the entire
city.
5. A Handbook of Lan-
dscaping, Screening and Buf-
fering Specifications and Stan-
dards.
6. A set of proposed amen-
dments to the Subdivision Or-
dinance to supplement those
proposed in the Comprehensive
Zoning Ordinance. Sepcifically,
changes to Sections 4.4, 9.2, 9.3,'
and 9.4 of the Subdivision Or-
dinance are proposed.
7. The adoption of certain ad-
ministrative policies and
procedures intended to support
the above, as spelled out in a
document entitled "A discussion
Paper Regarding Update of the
Comprehensive Zoning Ordinan-
ce and Other Ordinances."
8. Certain additional changes
being considered include changes
to minimum lot sizes, setbacks
and parking requirements in cer-
tain districts, zero-lot-line
development, and conditional
zoning.
Additionally, City Council will
also consider increases of fees
and imposition of new fees
related to the Zoning Ordinance
proposed as follows:
1. A fee of $10 for an occupan-
cy permit pursuant to Section
103(g) of the CZO. Such
proposal will result in an increase
of $:5 over the present fee.
2. Imposition of a fee of $12:5
for an application to enlarge ex-
tend or convert a non-conforming
use or structure pursuant to Sec-
tion 10:5(d) and (e) of the CZO.
3. A fee Of $1~0 for every ap-
peal to the Board of Zoning Ap-
peals for a variance, from the
reqniremenis of SectiOn 205 of
the CZO. Such proposal will
result in an increase of $90 over
the present fee.
4. A fee of $100 for all other
appeals to the Board of Zoning
Appeals. Such proposal will
result in an increase of $50.
:5. Imposition of a fee of $:500
for conditional zoning ap-
plications pursuant to proposed
Section 107(g) of the CZO.
The foregoing proposed fees
are unauthorized by Section 15.1-
491(0 of the Code of Virginia
and by Section 2.02(e) of the
Charter of the City of Virginia
Beach.
The foregoing description of
proposed plans, ordinance and
amendments may not be
exhaustive of ail matters which
may be considered. Therefore, all
interested persons are encouraged
to examine the full text of such
proposed plans, ordinances,
amendments, and fee changes to
which reference is hereby made.
Copies of the proposed plans,
ordinances, amendments, and fee
changes as well as documentation
and justification for the proposed
fees may be examined during
normal business hours in the Of-
rice of the City Planning Depar-
Virginia Beach, VA. 23456.
All interested parties are in-
vited to attend.
Robert J. Scott
Planning Director
357-14 2t 3-30VBS
-16-
Item IV-G.1.
PUBLIC HEARING
ITEM # 29219
Mayor Robert G. Jones DECLARED a PUBLIC HEARING:
THE COMPREHENSIVE ZONING ORDINANCE - Recommended
Revision (The ordinances and policies being
proposed have been revised, based in part on
comments received at previous public hearings. In
addition, there are various proposed text changes
to the Zoning Ordinance.)
The following spoke relative the CZO:
Gerald Divaris, President of the Central Business District Association, One
Columbus Center, Phone: 497-2113. Mr. Divaris advised the CBD is not requesting
any rezoning. Existing zoning permits them to continue to dSvelop the CBD as it
has been developed in the past. The requests are designed to maintain a more
co-ordinated functional and dynamic center. Gerald Divaris expressed concern
relative the B-3 Height Regulations. Section 904, Paragraph B which eliminates
the open space clause from the existing Ordinance. The adoption of this
regulation would limit the height of buildings on properties adjoining
properties with a different zoning classification. In effect, this would
result in a taking of rights. In addition, the implementation of this
regulation could impede the proper and full development of a "skyline" for the
CBD, by limiting the development of the border properties to a height that is
not consistent with the remainder of the B-3 Properties. The Existing
Height Regulations with reference to open space should remain in effect. The
second concern related to Section 203, Paragraph 38 regarding Shopping Center
Parking. The proposed modification, if adopted, would impose a stricter
requirement than is presently being practiced by the City in reviewing the
parking requirements for Large ~hopping Centers. Small shopping centers cannot
take advantage of overlapping parking usage as in the case with Regional Malls.
The larger the number of commercial uses, the more likely shoppers are to visit
many stores at one time; thereby, reducing the actual parking spaces required
by each individual user. It is important a grace period be provided for the
implementation of the new parking requirements. The GBD recommended at least
90 day grace period be provided ftr those cases where leases have been entered
into prior to the effective date of the Ordinance. CBD recommended an official
classification in the Parking codes for smaller bay sizes to be disignated
"compae% ears". The proposed increase in the number of parking spaces required
for office buildings should be limited to no more than one bay per 320 square
feet. This is more than the present code requirements, but less than that
proposed in the draft ordinance. The CZO should recognize the principle of
shared parking in multi-use projects where dissimilar users such as an hotel
and office building can overlap the number of bays required for each use. The
principle should be accepted that parking can be provided in satellite parking
areas and parking garages in the CBD in an effort to permit the highest and
best use of on-site development. The CBD anticipates public parking garages
and satellite parking lots will be developed in due course to meet the needs of
the new and vibrant City center. The City should develop an incentive program
where developers would be provided with a range of incentives. The ability to
transfer excess floor area ratio from under utilized properties to other
properties within the CBD should be ADOPTED. The recommendations already made
by the Planning Commission for the CBD should be ADOPTED by the City Council.
These recommendations provide for an increase of the floor ratio from 2.5 to 4,
and the reduction of side setbacks from 35 feet to 10 feet. (Copies of Gerald
Divaris's remarks are hereby made a part of the record.)
William J. Holloran, Jr., Executive Director Hampton Roads Chamber of
Commerce, 4512 Virginia Beach Boulevard, Phone: 490-1221, reiterated six (6)
remaining concerns of the Chamber: (1) Section 203 (29) regarding Office
Parking should be amended. Research and experience indicate a requirement of
300 to 320 square feet is the optimal range which will prevent excess, paved
parking area with its accompanying environmental and aesthetic concerns; (2)
Section 203, Paragraph 38 A three part revision to the Shopping Center
requirements has been detailed. This provision recognizes the legitimate
concerns about small shopping centers while allowing for the impressive body of
research that shows larger malls customers visit several stores during a visit
thus reducing the number of parking spaces required by each individual user in
those larger shopping centers:
April 18, 1988
Item IV-G.1.
-17-
PUBLIC HEARING
ITEM # 29219 (Continued)
"Shopping centers located on a zoning lot greater
than 5 acres and less than 15 acres where no more
than 5 percent of the gross leasable area is
devoted to movie theatres and restaurants: at least
one space for each 200 square feet of leasable
floor area or the total parking area required for
the individual user, whichever is less.
Shopping centers located on a zoning lot greater
than 15 acres and less than 30 acres where no more
than t0 percent of the gross leasable area is
developed to movie theatres and restaurants;: at
least one space for each 200 square feet of
leasable floor area or the total parking area
required for the individual uses, whichever is
less.
Shopping centers located on a zoning lot greater
than 30 acres where no more than 15 percent of the
gross leasable area is devoted to movie theaters
and restaurants: at least one space for each 200
square feet of leasable floor area or total parking
area required for the individual uses, whichever is
less."
(3) Section 203(b) should be AMENDED to allow 50% of the required parking
spaces to be sized to accommodate compact cars in or out of the off-street
parking structures: (4) Section 203 should be ~ENDED allowing a grace period
providing for the implementation of the new parking requirements. Ninety (90)
days is suggested as the appropriate time: (5) Section 904(b) eliminates the
open space clause from Section 913 of the previous Ordinance. The Chamber
advocates maintaining the height restrictions on commercial buildings and
structures adjacent to the other zoning districts as they presently exist: (6)
Section 110(c) should be changed to note the legislative intent of the
immediate adoption of this Ordinance is not designed to force current, non-
conforming users to retrofit the changes mandated in the proposed Comprehensive
Zoning Ordinance.
Melinda Kicklighter, 4331 Princess Anne Road, Phone: 495-1776, owner and
operator of Montessori Children's House for 16 years. Mrs. Kicklighter is
currently in the process of erecting a building for the School. The property
is zoned 0-1, a school being a primary use. Under the proposed City Zoning
Ordinance, an additional Use Permit must be obtained and an effort to change
the zoning be instituted. The building presently occupied will be demolished
for expansion of Ferrell Parkway. Mrs. Kicklighter requested these changes not
be put into effect for individuals who presently have their paperwork at the
City and these aforementioned individuals be permitted to stay under the old
zoning codes until the buildings are finished. Councilwoman Parker referenced
Page 98 of the PROPOSED City Zoning Ordinance, under the 0-1 and 0-2 District
Child care education centers in connection with public or private elementary
schools or churches are permitted without a Conditional Use. It was the City's
intention not to convert any properties that exist presently as O. The other 0
classification that was developed was to be adjacent to a neighborhood and to
be of a lower useage. Those parcels zoned O now will not be changed. Melinda
Kicklighter will discuss further with the Director of Planning, Robert J.
Scott.
April 18, 1988
-18-
Item IV-G.1.
PUBLIC HEARING
ITEM # 29219 (Continued)
Tuck Bowie, Post Office Box 8608, Phone: 340-0322, representative of TIDEWATER
BUILDERS ASSOCIATION and Chairman of their Municipal Affairs Committee. Tuck
Bowie commended the City Council, HMP CO~$~ITTEE, Planning Commission and the
City Staff on their endeavors in the revision of the CZO. Tuck Bowie reiterated
three (3) issues: (1) Minimum Lot size: The TBA still believes their
recommended lot size of 5500 square feet provides the basis for affordable
housing for a segment of the population in the City. Tuck Bowie suggested City
Council and the TBA monitor the proposed change in The City Zoning Ordinance in
an attempt to ascertain if same satisfies the housing demands for the City in
the future. If this demand is not met, hopefully the door will remain open for
reconsideration of this proposed change in the City Zoning Ordinance: (2)
Elimination of PD-H.2 - The Planned Unit Development is a very viable planning
tool. Elimination of same is not the solution to the problem. Tuck Bowie
recommended the re-evaluation of this zoning category and an attempt be made to
rewrite this Ordinance: (3) Stormwater Mangement Ordinance - This has become a
"stepchild" to the CZO update. In order to properly legislate and implement a
Stormwater Management Program, as being proposed, it is going to require the
adoption of a MASTER STORM DRAINAGE PLAN. If the City Council adopts this
Ordinance, Tuck Bowie requested the TBA be allowed to participate with the City
Engineering Staff to assist in its implementation and its enforcement in the
future.
M. E. Bowerman, 1820 South Woodside Lane, Phone: 496-9494, representative of
the Back Bay Restoration Foundation, advised the primary interest was the Back
Bay North Landing River Watersheds which are eventually going to develop. The
Back Bay Restoration Foundation believes the STORM WATER MANAG~ENT ORDINANCE
is of primary importance. Recognition must be made that the fertility of that
particular area requires a lower density zoning than other parts of the City
in order to preserve it environmentally and have a quality of life. Mr.
Bowerman urged the passage of the CZO and particularly the STORM WATER
MANAGEMENT PLAN.
Robert Bain, 100 Landmark Square, Phone: 340-0322, Architect representing Tom
Frantz. Robert Bain stated his understanding and support of the overall concept
and intent of the proposed CZ0; however, his concern focused on Section 904
(b): Height regulations in a B-2 Zoning District. The current CZO permits
some variance in height on an intervening street, alleyway or permanent open
space that occurs between B-2 zoned property and adjoining residential or
apartment districts. The proposed CZO permits height increases if an existing
street, alleyway or body of water occurs between the residential and apartment
districts and the B-2 property. Mr. Bain could not understand the rationale
resulting in the proposed wording. Mr. Bain did not believe the introduction of
a 25-foot body of water has any more positive impact on quality of life or the
ability to develop a piece of B-2 property than a 25-foot dedicated permanent
open area. With the proposed CZO, the opportunity to create and dedicate a
public open space and to afford some benefit to the developer to enhance the
viability of his project has been eliminated. Mr. Bain requested a return to
the original wording of Section 904 (b).
Betty Wells, 2180 Rosewell Drive, Phone: 427-3619, spoke as an interested
citizen. Betty Wells inquired as to the possibility of eliminating garish
colored roofs in residential areas, i.e. Pizza Huts, the possibility of
restricting an overabundance of gas stations and the design of said stations be
co-ordinated with the residential area as well as the hours and lighting.
Churches, as they are no longer constructed primarily of masonry materials,
should be sound proofed and air conditioned. Betty Wells suggested the
encouragement of brick stone or stucco walls by builders rather than a wooden
fence with a more sparce planting of vegetation to shield same.
April 18, 1988
-19-
Item IV-G.1.
PUBLIC HEARING
ITEM # 29219 (Continued)
Julian Granger, 951 Wildwood Square Court, Phone: 481-5385, advised he was
impressed with a number of items in the CZO. Julian Granger spoke relative the
preoccupation with sidewalks. Julian Granger advised downtown usually was near
Courthouses and many of the office buildings would be occupied by attorneys.
At Pembroke, attorneys would be located quite a distance from the Courthouse at
the Princess Anne Municipal Center. Julian Granger further referenced the
article in the newspaper which related issues regarding parking, set back and
size. It does not inform you the amount of traffic generated by the
formulation of a downtown Pembroke. The impact of the existing roads now and
roads in the future should be considered.
Joseph W. Hood, Jr., 314 49th Street, Phone: 340-5800, President of the North
Virginia Beach Civic League, expressed appreciation to the HMP (Henley,
McClanan, Parker) Committee and City Council for the consideration shown the
Civic League's concerns in the new R-SR Zoning District. The North Virginia
Beach Civic League supported the City Zoning Ordinance.
Richard Grimstead, 2102 Mediterranean, Phone: 422-4771, Architect. Richard
Grimstead referenced Section 1506 in the RT-1 Resort Tourist District. In the
new RT-1 zoning there is no provision for apartments. Presently there are six
(6) apartment structures on the oceanfront east of Atlantic Avenue. The 100-
foot height has been increased from the 75-foot originally recommended. Over
the last 8 years, twenty-one (21) new structures have been built along the
oceanfront and those new structures have all been built on the east property
line. If starting anew, Richard Grimstead commends the idea of setting back
the hotels; however, same will be unfair to the individuals who have not
developed their property. Thirty-four (34) sites have not been developed along
the oceanfront. Only six (6) of them would be of a size greater than a 100-foot
width. To accommodate the City's parking and structure, it is going to be
impossible to have open space in front of the building on the oceanfront.
Parking Garages of approximately three or four stories must be built on the
oceanfront to accommodate the parking, which will be unsightly. Richard
Grimstead recommended a return to the original height of 135 feet on these
property lines. Richard Grimstead referenced Section 1512, in the RT-2 Resort
Tourist District. This RT-2 is between Atlantic and Pacific Avenue. The height
limitation there is 75-foot. Design incentives are available, but there is not
provision for increased height on these design incentives. Consideration
should be given for additional set-back to allow taller buildings in this area.
Height increases with design incentives should also be considered in the RT-3
Resort Tourist District in Section 1522.
Shelby Fillingim, 307 Crapple Springs Way, Woodstock, Georgia, Phone: (404)
641-2495, represented B P America. Shelby Fillingim spoke relative Section
225: Automobile Service Stations. Today's service station are designed to meet
the following criteria: the safety and protection to citizens of the community.
Gasoline pumps are set back from the street far enough to provide automotive
stacking space, if same is needed. Gasoline customers are always in sight view
of the station attendant. Station layouts prevent the need for any backing of
automobiles around the pump island area. The canopy allows the customers to
pump their gasoline, walk to the sales register, pay for their purchase and
return to their automobiles without leaving the protection of cover during
rainy weather. The canopy is well lighted at night. Shelby Fillingim
recommended the service station building be within 15-foot of the pump island
which provides greater safety to the customer. Limiting the size of the
building being placed under the canopy would be sufficient.
April 18, 1988
- 20 -
Item IV-G.1
PUBLIC HEARING
ITEM # 29219 (Continued)
W. Keith Woodward, 1300 West Little Neck Road, Phone 427-0t00, President of
the Hampton Roads Chapter of the National Association of Industrial & Office
Parks. Mr. Woodward requested several issues relative Commercial Office
Development be considered for revision: (1) Increase in the parking ratio from
1 space per 400 gross square feet to 1 space per 250. The 1 per 400 ratio is
obviously too thin. A minimum ratio of 1 space per 300 gross square feet was
recommended. (2) Buffering and height of commercial buildings: The new
ordinance restricts an office building to a height allowed on adjacent
property, if that property is zoned residential. This is fine for smaller
properties in neighborhood settings, but not necessarily for larger parcels or
office parks where an office building 500 or more feet from an adjacent
residential area might be restricted to two stories. The local developers are
comfortable with the current restrictions covering distance and height
restrictions. Additional landscaping or screening might prove beneficial: (3)
Overlap ratio on mix-use projects. The current 20~ is being reduced to 5~. Mr.
Woodward requested 10~ be considered practical: (4) Compact Cars: These cars
comprise 1/2 or more of the cars on the road today and should be recognized by
allowing developers to design and designate at least 1/3 of the required
parking spaces in their lots be for compact car useage.
Howard Sipler, 3709 Prince Andrews Lane, Phone: 497-2236, real estate
representative for Exxon Company, U.S.A. Howard Sipler requested City Council
consider adopting the Planning Commission's recommendation on Section 225,
Automobile Service Stations, to allow a small Convenience Store to be
constructed closer than the 55 feet pump islands when the total square footage
of that convenience store is less than 1200 square feet.
Henry H. Richardson, III, 3800 Pacific Avenue, Phone 428-2203, represented
Richardson Associates, Inc. Henry Richardson addressed Section 1522 (b) and (d)
as well as Section 1526, Section (b - RT-3 Resort Tourist District. Under these
proposed zoning Ordinances, the setback requirements imposed as well as the
maximum height makes it virtually impossible for a developer to construct a
hotel on his propertry. Richardson and Associates has properties on 28th and
Oceanfront and 28th and Pacific The Empress Motel and the Comfort Inn. By
this Ordinance, at the Comfort Inn location, the density has doubled; however,
the height has been minimized to 75 feet without the provision of a Conditional
Use. In the previous CZ0, 100 feet was allowed by Conditional Use Permit.
Rae LaSesne, 5325 Thornburg Lane, Phone: 497-8008, President of the Citizens
Action Coalition, resident of Kempsville. Rae LaSesne commended City Council
on their accomplishments. There will always be areas requiring more detailed
study.
There being no further speakers, Mayor Robert G. Jones CLOSED the PUBLIC
HEARING.
- 21 -
Item IV-H.1.
ORDINANCES/RESOLUTIONS
ITEM # 29220
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED, AS ~NDED:
ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY AND
PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT
THEREOF, AND FOR THE REPEAL OF ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT THEREWITH:
ARTICLE 1. GENERAL PROVISIONS
ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES
APPLICABLE TO ALL DISTRICTS
PRESERVATION DISTRICT
AGRICULTURAL DISTRICT
RESIDENTIAL D~STRICT
APART~.~NT DISTRICT
HOTEL DISTRICT
OFFICE DISTRICT
BUSINESS DISTRICT
INDUSTRIAL DISTRICT
PLANNED DEVELOPMENT DISTRICT
FLOODPLAIN REGULATION
HISTORIC AND CULTURAL DISTRICT
%~TLANDS ZONING ORDINANCE
RESORT TOURIST DISTRICT
ARTICLE 3.
ARTICLE 4.
ARTICLE 5.
ARTICLE 6.
ARTICLE 7.
ARTICLE 8.
ARTICLE 9.
ARTICLE 10.
ARTICLE 11.
ARTICLE 12.
ARTICLE 13.
ARTICLE 14.
ARTICLE 15.
ADOPTED AS AMENDED:
D. RT-4 Resort Tourist District, Section 1530.
LEGISLATIVE INTENT--DELETE the first sentence
ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING
ORDINANCE
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
April 18, 1988
CITY ZONING ORDINANCE
City of Virginia Beach, Virginia
Adopted by City Council
April 18, 1988
CITY ZONING ORDINANCE
Adopted by City Council
April 18, 1988
Table of Contents
ARTICLE 1. GENERAL PROVISIONS ........ I
Sec. 100.
Sec. 101.
Sec. 102.
Sec. 103.
Sec. 104.
Sec. 105.
Sec. 106.
Sec. 107.
Sec. 108.
Sec. 109·
Sec. 110.
Sec. 111.
Title ...................... . 1
Legislative intent ............... : . 1
Establishment of districts and official zoning
maps ........................ 2
Administration .................. 5
Violations and penalties .............. 6
Nonconformi ty ................... 6
Appeals and variances ............. 8
Amendments ..................... g
Posting of signs relating to applications for rezoning,
etc ......................... 15
Transmittals of planning commission's reconm~ndations. 15
Validity, repeal of conflicting ordinances; effective
date ....................... 15
Definitions .................... 16
ARTICLE 2. GENERAL REQUIREMENTS AND
PROCEDURES APPLICABLE TO ALL DISTRICTS .......
A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS,
OFF-STREET PARKING AND OFF-STREET LOADING ......
Sec. 200.
Sec. 201.
Sec. 202.
Sec. 203.
Sec. 204.
Sec. 205.
Sec. 206.
30
30
Sec
Sec
Sec
Sec
Sec
Sec
Sec. 215. Nonconforming signs ..........
210. General regulations ................ 41
211. Signs permitted in all districts ......... 41
212. Signs prohibited in all districts ......... 43
212.1 Removal of prohibited signs in public places. 44
213. Illumination.. 44
214. Sign height, setback and landscaping ........ 44
· . . 45
B. SIGN REGULATIONS * ........... 41
Zoning lots .................... 30
Yards ....................... 32
Height regulations ................ 34
Off-street parking requirements .......... 34
Off-street loading requirements .......... 39
Major recreational equipment ............ 40
Public and private pump stations, water tanks and other
unmanned utility facilities less than four hundred
square feet in building area ............ 41
Sec. 216. Outdoor advertising structures, billboards, signboards
and poster panels .....
C. CONDITIONAL USES AND STRUCTURES
Sec. 220.
Sec. 221.
Sec. 223.
Sec. 224.
Sec. 225.
Sec. 226.
Sec. 227.
Sec. 228
Sec. 229.
Sec. 230.
Sec. 231.
Sec. 232.
Purpose .....
Procedural r~quire~ents 'a~d'g~n~ral standaFd~ ~o~
conditional uses ......
Animal hospitals, ~o~nds, 's~el't~r~, commercial and
residential kennels .....
Automobile repair garages ........
Automobile service stations ........
Bicycle and moped rental establishments· . .
Borrow pits ...............
Bulk storage, auto storage and contractor storage
yards .......
Cemeteriesl Joiu~bariu~sl ~rJmatories, mausoie~m~.'
Churches ..........---
mJterials..
Collection depots reCyClable
Communication Towers ..........
Sec. 234. Home occupations ...... _ . . . -- . . - ·
Sec. 235. Housing for the aged, diSabled'and'handicapped' . .
Sec. 236. Marinas, non-commercial and community boat docks..
Sec. 237. Mini-warehouses ............
Sec. 238. Mobile homes .............
Sec. 239. Motor vehicle sales ~nJ rental] ......
Sec. 240. Recreational campgrounds ..........
Sec. 241. Riding academies; horses for hire or bJa~din~.
Sec. 242. Storage or processing of salvage, scrap or junk.
E. OPEN SPACE PROMOTION OPTION
Sec. 250. Legislative intent ...............
Sec. 251. Procedural requirements .............
Sec. 252. Changes in approved plans.. . . . . . .
Sec. 253. Open space promotion requirements in gJn~'r~l ....
F. CONDOMINIUM DEVELOPMENT ..........
45
46 - j
49
50
51
51
53
53
54
54
54
57
58
58
59
59
61
62
64
64
64
64
64
66 ·
66
67 ~.
Sec. 260. Permissibility generally ........... 67
Sec. 261. Density ............. 67
Sec. 262. Minimum spacing ~e[wJe~ structures ......... 67 ~
G. LANDSCAPE SCREENING AND BUFFERING ........ 67
Sec. 270. Purpose and Intent ..............
Sec. 271. Applicability .......
Sec. 272. Categories of Land~c~p~ ~c~eJning ~y~e~.' .... ]
Sec. 273. Provisions of Acceptable Alternatives .....
Sec. 274. Maintenance Responsibilities ........
ARTICLE 3. PRESERVATION DISTRICT ......
Sec. 300. Legislative intent .............
ii
67
68
68
68
68 i
69
69
Sec. 301. Use regulations ............. 6g
Sec. 302. Dimensional Requirements ........ 70
Sec. 303. Sign regulations ............. 71
Sec. 304. Parking regulations .............. 71
ARTICLE 4. AGRICULTURAL DISTRICTS . . . 72
Sec. 400. Legislative intent .......... 72
Sec. 401. Use regulations .......... 72
Sec. 402. Dimensional Requirements .......... 75
Sec. 403. Sign regulations ................. 76
Sec. 404. Parking regulations .............. 77
ARTICLE 5. RESIDENTIAL DISTRICTS ....... 78
Sec. 500. Legislative intent ......... 78
Sec. 501. Use regulations ................ 78
Sec. 502. Dimensional Requirements ............ 82
Sec. 503. Height regulations ................. 85
Sec. 504. Sign regulations ............ 85
Sec. 505. Parking regulations ................ 85
Sec. 506. Open space promotion ........... 86
ARTICLE 6. APARTMENT DISTRICTS ......... 87
87
Sec. 600. Legislative intent ...............
Sec. 601. Use regulations ................. 87
Sec. 602. Dimensional Requirements ............. 89
Sec. 603. Landscape screening and buffering regulations. . . 91
Sec. 604. Height regulations ............ 91
Sec. 605. Sign regulations ................. 92
Sec. 606. Parking regulations ................ 92
ARTICLE 7. HOTEL DISTRICT .......... 93
Sec. 700.
Sec. 701.
Sec. 702.
Sec. 703.
Sec. 704.
Sec. 705.
Legislative intent ................. 93
Use Regulations .......... 93
Dimensional Requirements ............ 94
Landscape screening and buffering regulations. . . 94
Height regulations ................. 95
Sign regulations ................ 95
96
Sec. 706. Off-street parking regulations ...........
ARTICLE 8. OFFICE DISTRICTS .......... 97
Sec. 800. Legislative intent .............. 97
Sec. 801. Use Regulations .............. 97
Sec. 802. Dimensional requirements ............ 100
Sec. 803. Landscape screening and buffering regulations. 100
Sec. 804. Height regulations ................. 101
Sec. 805. Sign regulations ........... 101
iii
ARTICLE 9. BUSINESS DISTRICTS
Sec. 900. Legislative intent ............
Sec. 901. Use Regulations .........
Sec. 902. Dimensional requirements
Sec. 903. Landscape screening and bu~f~rin~ ~e~uia~ions.
Sec. 904. Height regulations .........
Sec. 905. Sign regulations .............
Sec. 906. Off-street parking regulations ......
102
Sec. 1000.
Sec. 1001.
Sec. 1002.
Sec. 1003.
Sec. 1004.
Sec. 1005.
Sec. 1006.
102
102
109
110
111
112
117
ARTICLE 10. INDUSTRIAL DISTRICTS ..... 118
_J
Legislative intent ........ 118
Use regulations ........ 118
121
Dimensional requirements .........
Landscape screening and buffering regulations. 122
Height regulations ......... 122
Sign regulations ........... 123
Off-street parking regulations .... 124
ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS . .
125 .j:
Sec. 1100. General legislative intent ..... 125
A. PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT .....
125
Sec. 1110. Land use regulation ......... 125 /
Sec. 1111. Density requirements ........ 126 _]
Sec. 1112. Housing requirements ........ 126
B. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT ...... 127
Sec. 1120. - Sec. 1122. Reserved ......... 127
Sec. 1123. Minimum tract size ........ 127
Sec. 1124. PD-H2 land use plan ......... 127
Sec. 1125. Allowed uses ......... 128
Sec. 1126. Housing types a~d'dJnsity ........ 128
Sec. 1127. Open space, public sites, anJ 'recreation
areas ................. 129
Sec. 1128. Changes to approved plan ...... 130
ARTICLE 12. FLOODPLAIN REGULATIONS ..... 131
Sec. 1200.
Sec. 1201.
Sec. 1202.
Sec. 1203.
Sec. 1204.
Sec. 1205.
Legislative intent ........ 131
Definitions ......... 131
Establishing ~h~ ~l~o~piain areas ..... 133
Use regulations. 134
Special requirements ~p~li'c~ble ~o't~e'~o~p~ai~. 135
Special requirements applicable to coastal
areas .............. 136
ARTICLE 13. HISTORIC AND CULTURAL DISTRICT . . . 138
Sec. 1300. Legislative intent .............. 138
iv
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1301.
1302.
]303.
1304.
1400.
1401.
1402.
1403.
]404.
1405.
1406.
1407.
Establishment ............... . 138
Applicability of regulations .... 139
Certificates of appropriateness ....... 139
General certificate of appropriateness for
specified classes of cases ........ 140
ARTICLE 14. WETLANDS ZONING ORDINANCE ..... 141
1408.
1409.
1410.
1411.
1412.
1413.
1414.
1415.
1416.
Intent ................ 141
Definitions .......... 141
Uses ......... . . . 143
Applications foQ permits ........ 144
Public inspection of permit applications, maps,
etc ................... 144
Publi~ ~earing procedure'on permit applications. 144
Action of board on permit application ..... 145
Bonding requirements; suspension or revocation
of permit ................. 145
Review procedure; gra~t or denial of permit.. 145
Permits to be in writing, signed and notarized. 146
Expiration date and extensions of permits... 146
Emergency sand grading activities on nonvegetated
wetlands located on the Atlantic shoreline of
Virginia Beach ................ 146
Conducting activity without permit ...... 147
Investigations and prosecutions ........ 147
Violation of orders, rules and regulations. ]47
Injunctions ............. 147
Exemptions ................. 147
ARTICLE 15. RESORT TOURIST DISTRICTS ...... 149
RT-1 Resort Tourist District ................. 149
Sec. 1500.
Sec. 1501.
Sec. 1502.
Sec. 1503.
Sec. 1504.
Sec. 1505.
Sec. 1506.
Sec. 1507.
Legislative intent ........ 149
Use regulations ............... 149
Dimensional requirements ........... 150
Sign regulations ............. 150
Off-street parking regulations ........ 15]
Off-site parking facilities .......... 151
Maximum density ratings ............ 151
Desired design features and incentives. 151
B. RT-2 Resort Tourist District ............... 153
Sec. 1510.
Sec. 1511.
Sec. 1512.
Sec. 1513.
Sec. 1514.
Sec. 1515.
Sec. 1516.
Legislative intent .............. 153
Use regulations .............. 153
Dimensional requirements ........... 156
Sign regulations ............... 156
Off-street parking regulations ........ 158
Maximum density ratings ............ 158
Desired design features and incentives. 159
C. RT-3 Resort Tourist District ................. 159
V
Sec. 1520.
Sec. 1521.
Sec. 1522.
Sec. 1522.
Sec. 1524.
Sec. 1525.
Sec. 1526.
Legislative intent. . ·
U~e regulations .....
Dimensional requirements. · ·
Sign regulations .....
Off-street parking regulations.
Maximum density ratings .....
Desired design features and incentives.
O. RT-4 Resort Tourist District ..........
159
159
163
164
164
164
164
165
Sec. 1530. Legislative intent ........... 165
Sec. 1531. Use regulations ........... 165
Sec. 1532. Dimensional requirements ....... 167
Sec. 1533. Sign regulations ....... 168
Sec. 1534. Off-street parking ~e~uia~i~ns ........ 168
Sec. 1535. Maximum density ratings ..... 168
Sec. 1536. Desired design features a~d i~c~n[i~es .... 169
ARTICLE 16.COASTAL PRIMARY SAND DUNE ZONING ORDINANCE . . 170
Sec. 1600.
Sec. 1601.
Sec. 1602.
Sec. 1603.
Sec. 1604.
Sec. 1605.
Sec. 1606.
Sec. 1607.
Sec. 1608.
Sec. 1609.
Sec. 1610.
Sec. 1611.
Intent ........... 170
Definitions ........... 170
Uses ......... 171
Applica{iJn~ for ~eQmits.' ....
Public inspection of permit' applicltions, 172
maps, etc ....... 172
Public hearing prJcedu e o~ pe~ni~ ~p~l~c~ti~ns. 172
Action of board on permit application.. · 172
Bonding requirements; suspension or revocation
of permit .......... 173
Review procedure; grant o~ Je~ill of permit. 173
Permits to be in writing, signed and notarized. 174
Expiration date and extensions of permits... 174
Emergency sand grading activities on sand
dunes located ........ 174
Conducting activi[y wit~o~t'per~it .... 174
Administrative, appellate and enforcement
provisions ......... 174
Investigations ind ~ros~c~tio~s ....... 174
Violation of orders, rules and regulations. 175
Injunctions ........... 175
Exemptions ............... 175
Sec. 1612.
Sec. 1613.
Sec. 1614.
Sec. 1615.
Sec. 1616.
Sec. 1617.
vi
CITY ZONING ORDINANCE
Adopted by City Council
April 18, 1988
AN ORDINANCE ESTABLISHING ZONING REGULATIONS FOR THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND
AMENDMENT THEREOF, AND FOR THE REPEAL OF ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT THEREWITH
WHEREAS, the Code of Virginia, Title 15.1, Chapter 11, empowers cities
to enact zoning ordinances and to provide for their administration,
enforcement and amendment, and states the purposes, powers, and procedures
for municipal zoning, and
WHEREAS, the Charter of the City of Virginia Beach confers on and vests
in the City of Virginia Beach certain general powers relevant to zoning
and the accomplishment of its purposes, makes the planning commission
responsible for recommendations to city council on all phases of city
planning, including a master plan, zoning and subdivision control, and
provided that the commission shall have the powers and duties provided
by general law and such other powers and duties as may be assigned by
City Council, and
WHEREAS, this zoning ordinance has been prepared according to the
procedures, for the purposes, and to exercise the powers, set forth in
the Code of Virginia, Title 15.1, Chapter 11 and the Charter of the
City of Virginia Beach, and has been recommended to city council by the
planning commission; therefore,
BE IT ORDAINED by the City Council of the City of Virginia Beach:
ARTICLE ]. GENERAL PROVISIONS
Sec. 100. Title.
This ordinance may be known, designated and cited as the "City Zoning
Ordinance of the City of Virginia Beach."
Sec. 101. Legislative intent.
This ordinance is enacted to promote and protect the health, safety
and general welfare of the people of the city. It is the intention of
the city council that the provisions of this ordinance will implement
the purpose and intent of the comprehensive plan of the city by encouraging
the most desirable use of the land for residential, recreational,
agricultural, forestry, commercial, industrial, conservation, public
service, floodplain, drainage, and other purposes, and the most desirable
density of population in the several parts of the city, and by encouraging
the most appropriate use and occupancy of buildings, and by promoting
good civic design and arrangement. The provisions of this ordinance
provide reasonable standards with respect to the location, height,
bulk, size of buildings, and other structures, yard areas, courts, off-
street parking facilities and other open spaces, density of population,
and the use of buildings, structures, and land for trade, industry,
business, residence, or other purposes.
Sec. lOg. Establishment of districts and official zoning maps.
(a) In order to carry out the purposes and provisions of this ordinance,
the following districts are hereby established and are hereby listed in
order from most restrictive to least restrictive:
(1) Preservation District. The Preservation District shall consist of:
(2)
P-1 Preservation
Agricultural Districts.
of:
The Agricultural
Districts shall consist
AG-1 Agricultural District
AG-2 Agricultural District
(3) Residential Districts. Residential Districts shall
consist of:
R-40 Residential
R-30 Residential
R-20 Residential
R-15 Residential
R-lO Residential
R-7.5 Residential
R-SD Residential
R-SR Residential
R-SS Residential
R-2.5 Residential Townhouse
{4) Apartment Districts. Apartment Districts shall consist of:
A-12 Apartment
A-18 Apartment
A-24 Apartment
A-36 Apartment
(5) Hotel District.
Hotel District shall consist of:
H-1 Hotel
'(6} Office Districts. The Office Districts shall consist of:
0-1 Office District
0-2 Office District
(7) Business Districts. Business Districts shall consist of:
B-1 Neighborhood Business
B-lA Limited Community Business
B-2 Community Business
B-3 Central Business
B-4 Resort Commercial
(8) Industrial Districts. Industrial Districts shall consist of:
I-1 Light Industrial
I-2 Heavy Industrial
(10) Planned Development Districts.
shall consist of:
The Planned Development Districts
PD-H1 Planned Unit Development
PD-H2 Planned Unit Development
(11) Historic and Cultural District.
shall consist of:
The Historic and Cultural District
(12)
Historic and Cultural
Resort Tourist Districts.
consist of:
The Resort Tourist Districts shall
RT-4 Resort Tourist
RT-3 Resort Tourist
RT-2 Resort Tourist
RT-1 Resort Tourist
(b) Official zoning map. The City of Virginia Beach is divided into
zones, or districts, as shown on the official zoning map, which together
with all explanatory matter thereon shall be a part of this ordinance.
Said map is composed of a series of sheets in the official zoning
atlas, properly identified as such, which shall be on file in the
office of the planning director, and shall be the official record of
zoning status of areas within the city.
(1)
Recording amendments to the official zoning map. On the
effective date of any map amendment or upon the satisfactory
compliance with the conditions imposed, the change shall be
posted on the zoning map by the planning director and records
accompanying the map shall identify the official action by
which such amendment was made, the date of such action, the
area involved and the date of posting.
(2)
Unauthorized changes in zoning map prohibited. No changes of
any nature shall be made in the official zoning map or any matter
shown thereon except in conformity with the procedures and
requirements of this ordinance. It shall be unlawful for any
person to make any unauthorized change in the official zoning
3
(3)
(4)
map. Any violation of this section shall be punishable as
provided in section 104 and as otherwise provided by law.
Replacement of official zoning map. In the event that the
official zoning map or any portion thereof becomes damaged,
destroyed, lost of difficult to interpret because of the
nature or number of changes and additions, the city council
may be resolution adopt a new official zoning map or portion
thereof which shall supersede the prior map or portion. The
new official zoning map may correct drafting or other errors
or omissions in the prior map, but no map adopted by resolution
shall have the effect of amending the official zoning map,
which shall be amended only as provided herein, and in accord
with general law. The replacement shall be properly identified
as such, with date of the resolution of city council. Unless
the prior official zoning map or portion thereof has been
lost or totally destroyed, any significant parts thereof
remaining shall be preserved, together with all available
records pertaining to its adoption or amendment.
Interpretation of district boundaries. In construing the
official zoning map, the following rules shall apply:
(i) Center lines as boundaries. Where district boundaries
appear to follow center lines of streets, alleys, easements,
railroads and the like, they shall be construed as
following such center lines.
{ii) Property lines and the like as boundaries. Where district
boundaries appear to follow street, lot, property or similar
lines, they shall be construed as following such lines.
{iii) Boundaries in or adjacent to bodies of water. Where
district boundaries appear to follow shorelines or
center lines of bodies of water, they shall be construed
as following such shorelines or centerlines. In case of
change in shorelines or of the course of extent of water,
the boundaries shall be construed as moving with the
change. Boundaries indicated as entering any body of
water, but not continuing to intersection with other
zoning boundaries or with the limits of jurisdiction of
the city shall be construed as extending in the direction
in which they enter the body of water to intersect with
other zoning boundaries or with the limits of jurisdiction.
{iv) Boundaries indicated as parallel to or extensions of
features listed. Where district boundaries are indicated
as parallel to or extension of features listed above,
they shall be so construed.
(v) Dimensions. Where dimensions are not otherwise indicated
on the official zoning map, the scale of the map shall
govern.
(vi) Variation of actual location from mapped location. Where
physical or cultural features existing on the ground are
at variance with those shown on the official zoning map,
the actual location shall govern.
4
(s)
Limitations of application of rules above. Notwithstanding the
provisions of section {4)(i) through (vi) above, no
interpretation shall be made which changes the zoning status
of a lot or parcel, except that where a district boundary
divides a lot which was in single ownership at the time of
passage of this ordinance, the board of zoning appeals may,
as an exception, permit the extension of the regulations for
either portion of the lot not to exceed fifty (50) feet
beyond the district boundary into the remaining portion of
the lot.
(6)
Action in cases of uncertainty. Where the rules above fail to
clarify the status of land in a particular case, the planning
director, as agent of the planning commission, shall interpret
in such a manner as to carry out the intent and purpose of this
ordinance. Appeal from the interpretation of the planning
director in such cases shall be the board of zoning appeals,
as provided in the Code of Virginia, Title 15.1, Chapter 11,
Section 15.1-495(a).
(7)
Unclassified areas. Unless areas are classified on the official
zoning map, or classification can be established by the rules
above, such areas shall be considered to be classified as
agricultural (AG-l) until rezoned by city council.
(c) Uses allowed. No use shall be allowed in any zoning district
except those which may be allowed as principal uses, conditional uses,
and accessory uses. A principal use shall be allowed by right without
further permits being required except as required by other ordinances
of the city. No use shall be allowed as a conditional use in any
district unless a conditional use permit for such use has been granted
by the city council and remains valid in accordance with article 2,
section C of this ordinance. An accessory use shall be allowed by
right without further permits being required except as required by
other ordinances of the city. Definitions of terms used to describe
accessory uses shall be further limited by the definition of accessory
use as provided in section 111 of this ordinance.
Sec. 103. Administration
(a) The zoning administrator shall have all necessary authority
on behalf of the city council to administer and enforce this ordinance,
including the ordering in writing of the remedying of any condition
found in violation of this ordinance, and the bringing of legal action
to insure compliance with this ordinance, including injunction, abatement
or other appropriate action or proceeding authorized by this ordinance
or the laws of this state.
(b) The zoning administrator shall be responsible for determining
whether applications for building permits as required by the building
code are in accord with the requirements of the zoning ordinance, and
no building permit shall be issued without certification that plans
conform to applicable zoning regulations.
(c) No permit for excavation or construction shall be issued
before the zoning administrator certifies that the plans, specifications
and intended use conform to the provisions of this ordinance.
(d) No person shall use or permit the use of any structure or
premises or part thereof hereafter created, erected, changed, converted,
enlarged, or moved wholly or partly, in use or structure, until a
certificate of occupancy reflecting use, extend and location shall have
been issued to the owner by the zoning administrator.
(e) Such certificate shall show that the structure or use or
both, or the affected parts thereof, are in confomitywith the provisions
of this ordinance, and the zoning administrator shall issue such certifi-
cate if he finds that all of the requirements of this ordinance have
been met, and shall withhold such certificate unless all requirements
of the ordinance have been met.
(f) A temporary certificate of occupancy may be issued by the
zoning administrator for a period not exceeding six {6} months during
alterations or partial occupancy of a building pending its completion
if he finds that such occupancy, with such conditions and safeguards as
he may establish as required by the circumstances of the particular
case, will not endanger public health. The zoning administrator may
reissue a temporary certificate of occupancy for an additional period
not exceeding six (6) months, however, in no case shall occupancy be
allowed to continue under a temporary certificate of occupancy for a
period exceeding one (1) year.
(g) Applications for certificates of occupancy shall be accompanied
by a fee of ten dollars {$10.00).
(h) The zoning administrator shall maintain records of all official
actions of his office.
Sec. 104. Violations and penalties.
Any person who violates any of the provisions of this ordinance
shall, upon conviction thereof, be guilty of a misdemeanor punishable
by a fine of not less than ten dollars ($10.00) nor more than one
thousand dollars {$1,000.00). Each day that a violation continues
shall be considered a separate offense.
Sec. 105. Nonconformity.
(a) Any otherwise lawful use, structure, or condition of use
which existed in conformity to all applicable zoning provisions before
this Ordinance was adopted or amended but which does not conform to the
provisions of this Ordinance as a result of its adoption or amendment
shall be deemed a nonconformity.
(b) Intent. It is the intent of this Ordinance to allow
nonconformities to continue until they are removed, but not to allow
them to become enlarged, expanded, extended, or relocated except upon
resolution of City Council as provided for in this section, and not to
allow them to be used as grounds for adding other structures or uses
prohibited elsewhere in the same district.
{c) Continuation. A nonconformity may continue provided that it
remains otherwise lawful, subject to the provisions set forth in this
section. However, no nonconformity shall continue if it ceases for any
reason for a period of more than two years.
(d) Enlargement or Extension of Nonconformity. No nonconforming
use shall be increased in magnitude. No nonconforming use shall be
enlarged or extended to cover a greater land area than was occupied by
the nonconformity on the effective date of this Ordinance or amendment
thereto. No nonconforming use shall be moved in whole or in part to
any other portion of the lot, parcel, or structure not occupied by
the nonconformity on the effective date of this Ordinance or amendment
thereto, and no nonconforming structure shall be moved at all except
to come into compliance with the terms of this Ordinance. No
nonconforming structure shall be enlarged, extended, reconstructed, or
structurally altered, if the effect is to increase the nonconformity.
As an exception to the above, any condition of development prohibited
by this section may be permitted by resolution of the City Council
based upon its finding that the proposed condition is equally appropriate
or more appropriate to the district than is the existing nonconformity.
City Council may attach such conditions and safeguards to its approval
as it deems necessary to fulfill the purposes of this Ordinance.
Applications for the enlargement, extension or relocation of a
nonconforming use or structure shall be filed with the planning director.
The application shall be accompanied by a fee of one hundred twenty-five
dollars ($125.00} to cover the cost of publication of notice of public
hearing and processing. Notice shall be given as provided by Section
15.1-431 of the Code of Virginia. A sign shall be posted on the site
in accordance with the requirements of Section 108 of this ordinance.
(e) Conversion of a Nonconforming Use to Another Use. No
nonconforming use shall be converted to another use which does not
conform to this Ordinance except upon a resolution of the City Council
approving such conversion, based upon its finding that the proposed
use is equally appropriate or more appropriate to the district than is
the existing nonconforming use. In the resolution permitting such
change, the City Council may attach such conditions and safeguards to
its approval as it deems necessary to fulfill the purposes of this
Ordinance. When any nonconforming use is converted to another use,
the new use and accompanying conditions of development shall conform
to the provision of this Ordinance in each respect that the existing use
conforms, and in any instance where the existing use does not conform
to those provisions, the new use shall not be more deficient. Any use
approved by City Council shall thereafter be subject to the provisions
of this section. Applications for the conversion of a nonconforming
use or structure shall be filed with the planning director. The
application shall be accompanied by a fee of one hundred twenty-five
dollars ($125.00) to cover the cost of publication of notice of public
hearing and processing. Notice shall be given as provided by Section
7
15.1-421 of the Code of Virginia. A sign shall be posted on the site in
accordance with the requirements of Section 108 of this ordinance.
(f) Damage or Destruction Involving Nonconformities. Any structure
or condition of development which is, houses, or is related to a
nonconformity may, if involuntarily damaged or destroyed, be reconstructed
or restored to its prior condition and location within two years of
its being damaged or destroyed, and the nonconformity may continue as
before. If it is not reconstructed or restored within two years, then
any future construction or reconstruction on, or use of, the affected
lot shall be in conformance with the provisions of this Ordinance.
(g) Location of Uses and Structure on Lots Not Meeting Minimum
Requirements. Any conforming principle or accessory use or conforming
structure housing such use may be enlarged, extended, constructed,
located, or moved on any lot created prior to the effective date of
this Ordinance regardless of the size or dimensions of such lot, provided
that other requirements of this Ordinance are met. However, in the
case of any lot created or rezoned upon petition on behalf of the
property owner on or after the above date, only those uses and structures
shall be located on the lot for which the lot meets the minimum lot
requirements in the applicable zoning district. Any lot not meeting
the applicable size or dimension requirements due to governmental
action taken on or after the effective date of this Ordinance shall
have the same rights of development as before said governmental action
took place.
(h) Buildings Being Planned or Under Construction. Nothing
herein contained shall require any change in the plans for construction
of any project, or part thereof, for which an active use permit, valid
building permit, current approved preliminary subdivision plat or
certificate of occupancy was lawfully issued prior to the effective
date of this Ordinance, or of any amendment thereto.
Sec. 106..Appeals and variances.
(a) The board of zoning appeals shall hear and decide appeals
from any order, requirement, decision, or determination made by the
zoning administrator in the administration or enforcement of this
ordinance as set forth in section 15.1-495 through 15.1-497, Code of
Virginia, 1950, as amended.
(b) The membership, organization, powers, duties, and procedures
of the board of zoning appeals shall be as set forth in sections 15.1-
494 through 15.1-497 of the Code of Virginia, 1950, as amended.
(c) Every appeal to the board of zoning appeals shall be accompanied
by a fee of one-hundred dollars ($100.00) which shall be applied to the
costs of advertising and expenses incidental to reviewing, publishing
and reporting the facts.
(d) In regard to article 12 and National Flood Insurance Program,
variances should only be issued for new construction and substantial
8
improvements to be erected on a lot of one-half (1/2) acre or less in
size contiguous to and surrounded by lots with existing structures
constructed below the base flood level, in conformance with the procedures
below:
(1)
Variance shall only be issued upon a showing of good and
sufficient cause, a determination that failure to grant the
variance would result in exceptional hardship to the applicant,
and a determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, created nuisances,
cause fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard,
to afford relief.
(3) The City of Virginia Beach shall notify the applicant in writing
over the signature of a city official that the issuance of a
variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance up
to amounts as high as twenty-five dollars ($25.00) for one
hundred dollars ($100.00) of insurance coverage and such
construction below the base flood level increases risks to
life and property. Such notification shall be maintained
with a record of all variance actions as required in paragraph
(4) below.
(4} The City of Virginia Beach shall maintain a record of all
variance actions, including justification for their issuance,
and report such variances issued in its annual report submitted
to the administrator.
Sec. 107. Amendments.
(a) Initiation. Whenever the public necessity, convenience,
general welfare, or good zoning practice requires, the city council may
by ordinance, amend, supplement, or change the regulations, district
boundaries, or classifications of property. Any such amendment may be
initiated by resolution of the city council, or by motion of the planning
commission, or by petition of the owner, contract purchaser with the
owner's written consent, or the owner's duly authorized agent therefor,
of the property which is the subject of the proposed zoning map amendment,
addressed to the city council. In the latter case, the petition shall
be addressed to city council but shall be filed with the director of
planning. If a request for a change in property classification does
not show that the proposed classification complies with all applicable
rules and regulations of this ordinance, then the director of planning
shall reject such request and return the petition and accompanying fee
forthwith to the petitioner. If the requested change in property
classification complies with the applicable rules and regulations of
this ordinance, then the director shall transmit the petition to the
planning commission for recommendation. However, nothing herein shall
prohibit the director from accepting a petition if an accompanying
application is pending before any public agency and if approval of the
accompanying application would bring the subject into conformity with
all applicable regulations. Any appeal from the decision of the planning
director may be made directly to the city manager.
(b) Withdrawal of petition. Where city council finds that there
is public benefit to be gained by modifying a petition for amendment
under consideration, and that significant public inconvenience would
not result from consideration within one year of the modified petition,
it may allow withdrawal of a petition for amendment during public
hearing. However, if the petition is denied by city council, substantially
the same petition shall not be filed within one year of denial. For
the purpose of this section, a zoning petition shall be considered to
be substantially the same petition when the request is for a district
classification that is within the same article as the classification
that was previously denied. These provisions shall not be held to
impair the right of the planning commission or council to propose an
amendment to the zoning ordinance at any time.
(c) Planning commission action; notice of hearing. Before making
any recommendation on a proposed amendment, the planning commission
shall give notice of a public hearing thereon, as set forth in section
15.1-431 of the Code of Virginia, as amended.
(d) Planning commission hearing; action following hearing.
Unless the proposal is withdrawn by letter or other formal notice
before the hearing, the hearing shall be held at the time and place
announced; provided however, that if the hearing is postponed new
public notice shall be issued as for the original notice. If the
postponement is at the request of the applicant or due to the applicant's
failure to properly follow applicable procedures, then the readvertisement
shall be at the applicant's expense. Following each hearing, the
commission shall by motion adopt is recommendation, which may include
changes in the original proposal, and shall transmit such reconmendations
to city council.
(e) Action by city council; notice of hearing. Before approving
or adopting any amendment, city council shall give notice of a public
hearing thereon, as required by law.
(f) City Council hearing; action following hearing. The hearing
shall be held at the time and place announced. Following the hearing,
Council may make appropriate changes or corrections in the proposed
amendments; provided, however, that no additional land may be zoned to
a different classification than was contained in the public notice and
no land may be rezoned to a less restrictive classification without new
notice and hearing. Furthermore, no change to a more restrictive
district classification or to include a lesser area than was advertised
may be considered by the City Council, if such changes are in response
to reasons cited by the Planning Commission in recommending denial,
until the Planning Commission has reviewed and forwarded a recommendation
on such change. Nothing herein shall be construed as prohibiting the
City Council from referring any petition back to Planning Commission
10
for further study and recommendation whenever it deems any change made
in the petition to be substantial. In connection with such actions,
the Planning Commission shall hold public hearings, with notice suiting
the circumstances of the case. An affirmative vote of a majority of
the members of the City Council present and voting shall be required to
amend the ordinance. A tie vote shall be deemed a denial of the proposed
amendment; however, in the event of a tie vote due to the absence of
one or more members, any member of City Council may initiate
reconsideration of the proposed amendment within twenty-one (21) days
thereof. A reconsideration of a vote resulting in approval or denial
may be initiated within thirty (30) days by any council member on the
prevailing side of said vote. A reconsideration of conditions attached
to approval of any amendment may be initiated by the filing of an
application with the planning director in accordance with the procedures
set forth in Sec. 107(a). Upon receipt of such application, the planning
director, depending on the magnitude of the proposed reconsideration,
may send the application to the planning commission in accordance with
the provisions set forth in this section, or directly to the city
council. A sign shall be posted on the site in accordance with the
requirements of Section 108 of this ordinance. Upon receipt of such
application, the city council may refer the matter to the planning
commission or may act upon it. Nothing herein shall be deemed to
supersede the provisions of Sec. 107{h){9) with regard to conditional
zoning.
(g) Fee. A petition of any property owner to amend, supplement
or change the regulations, district boundaries, or classification of
property shall be accompanied by a fee of two hundred fifty dollars
($250.00) to cover the cost of publication of notice of public hearing
and processing. However, any petition submitted as a conditional
zoning petition or as an amendment to an accepted proffer in accordance
with Section 107(h) shall be accompanied by a fee of five hundred
dollars ($500.00).
(h)
(1)
Conditional Zoning.
Purpose. It is the purpose of this section to provide a
procedure by which conditional zoning may be used in accordance
with the enabling legislation provided in the Code of Virginia.
It is the policy of the City of Virginia Beach to encourage the
voluntary proffering of conditions by the applicant in cases
where the use of traditional zoning methods is inadequate to
achieve certain desired goals and where the proffered conditions
will offset identified problems to the extent that the proposed
rezoning is thus acceptable; but to discourage its use where
the proffered conditions do not sufficiently offset or are
unrelated to identified problems or where traditional zoning
methods are adequate to achieve certain desired goals. It is
further the purpose of this section to allow for complete and
timely review and evaluation of the proffered conditions by
the city staff, the public, the planning commission and the
city council.
11
(3)
(4)
(5)
Criteria for proffers. Proffers shall only be accepted as
conditions attached to the rezoning if they meet the following
criteria: (1) the rezoning itself must give rise for the
need for the condition; (2) such conditions shall have a
reasonable relation to the rezoning; (3) such conditions
shall not include a cash contribution to the city; (4) such
conditions shall not include mandatory dedication of real or
personal property for open space, parks, schools, fire
departments or other public facilities not otherwise provided
for in subdivision A(f) of Section 15.1-466 of the Code of
Virginia; (5) such conditions shall not include payment for
or construction of off-site improvements except those provided
for in subdivision A(j) of Section 15.1-466 of the Code of
Virginia; (6) no condition shall be proffered that is not
related to the physical development or physical operation of
the property; {7) all such conditions shall be in conformity
with the comprehensive plan; (8) such conditions shall be
capable of being readily and effectively enforced by the City
of Virginia Beach at the time of development of the property;
{9) such conditions shall be deemed necessary and sufficient
to offset identified problems caused by the rezoning in a
manner not made available by traditional zoning methods.
Legal form of proffer. All proffers shall be in writing and
shall be in a form suitable for recordation in the deed books
maintained by the clerk of the circuit court of the City of
Virginia Beach. No proffer shall be accepted by the city
council which has not received the approval of the city
attorney as to legal form and sufficiency.
Title certificate. Each conditional zoning petition shall be
accompanied by a certificate of title, prepared and signed by
an attorney licensed to practice law in the Commonwealth of
Virginia. The title certificate shall describe the property
that is the subject of the petition and shall identify all
parties having a recorded interest in the property, including
legal and equitable owners, and shall state the source of
title or interest for each party. The certificate of title
shall state the date through which the attorney examined the
title to the property, which date shall not be more than six
(6) months prior to the date of the filing of the petition.
The city attorney shall reject any certificate of title
which, in his opinion, is incomplete or is otherwise
insufficient.
Parties to sign the proffer. The written proffer shall name
as grantors all owners of the property and shall be signed by
all such parties. In the event that the applicant for the
rezoning is a contract purchaser, such purchaser shall also be
made a part to the proffer and shall sign same. The foregoing
provisions shall not be construed as limiting the authority
of the city attorney to require that any additional person,
firm, association or corporation be made a party and sign the
proffer, when, in his opinion, the inclusion of such person,
12
(6)
firm, association or corporation is necessary to protect the
city's interest. Nor shall the foregoing be construed as
limiting the authority of the city attorney to require that
the proffer be approved by a court of competent jurisdiction
in the case of church property, or in any other instance when
the approval of the court is, in his opinion, necessary.
Procedure for proffering. Any rezoning applicant may at his
option submit a written proffer of conditions to accompany
his rezoning petition. Such written proffers, together with
the title certificate described in subsection (iv), shall be
submitted to the planning director at least sixty (60) days
prior to the planning commission public hearing for which
consideration of the petition is scheduled. In complying
with the notice requirements set forth in Section 107(c) and
107(e) of this ordinance, the planning commission and city
council shall state whether conditions have been proffered,
and such proffers shall be made available for public review
by the planning director as part of the public documents in
the case. No later than thirty (30) days prior to the scheduled
planning commission hearing the planning director shall
submit to the petitioner a written statement containing the
following: {a) a list of identified problems or reasons, if
any, where the proposed rezoning may be deemed to fall short
of compliance with the various goals or recommended land uses
of the comprehensive plan or the legislative intent of the
Zoning Ordinance or otherwise fail to comply with any city
ordinance or policy; (b) the degree to which the proffered
conditions respond to the identified problems; (c) a list of
those proffered conditions, if any, that do not respond to
identified problems, are insufficient to offset them, or that
are not in keeping with the criteria set forth in this section;
and (d) a statement transmitted from the city attorney as to
whether the form of the written proffer is legally sufficient.
A copy of the written statement from the planning director
shall also be forwarded to the planning commission at a time
established by it. Upon receipt of the statement, the petitioner
may make any changes he deems appropriate to the written
proffer, provided that they are submitted in writing at least
ten (10) days prior to the planning commission public hearing.
Upon receipt of the amended proffers, the planning director
shall make them part of the public record. The planning
commission shall not consider any proffer not made available
for public review for at least ten (10} days prior to the
public hearing. After holding a public hearing on the proposed
rezoning, the planning commission, in taking its action on
the proposal, may recommend acceptance of all, acceptance of
some and rejection of some, or rejection of all of the proffers.
The planning commission may also, with the concurrence of the
petitioner, defer action to a later meeting for the purpose
of considering revised proffers, but only so that such revisions
are submitted and reviewed on the same time schedule as for
the original proffers, as established in this section. Upon
completion of planning commission action, the matter shall be
13
{7)
the manner of all rezonings.
forwarded to the city council ~nthe proposal may accept all,
The city council, in acting o . '--~ ~l of the proffe?:
accept some and ~eiect some,.or re3eu~j~ed condition, nut
The city council m~ also modify any pru.-~- the proffer, and
only with the concurrence of all parties to
only .after a new public hearing is held to consider the
modified proffer with the modified proffer being submitted in
writing to the planning director at least ten (10) days prior
· e lanning commission ~nd ci?
to said public hearing. ~_T~h~erPfor failure to su~mt?~.~
form accept?/~ ~ ..... ~F~or~ s itted in form
shall accept oniy ~u~ ~ ........ ubm
to the city attorney· ~o proffer may be modified or added
· e rovisions. After the effective
· rice with thes P · all attach no
except ~n a~cord~ .... th city council sh .
date of th~s su~sec~u., --eoffer with a rezoning except
-~ · · o nor accept any pr ~ ~.. ho ein shall be deeme~
uund~tlon t .~ ~ ~ection. N~th.,,~ _~ +h~nuah (f) OT
accordance wl~n ~"'-?-.Y~-ns of Section ~wko~
to supersede any pFuw~,~
this ordinance, amendment of zoning map. If the
Recordation of proffer ?d ezoning petition and accepts the
city council approves the r ~-~l within ten (10)
ttorney s.~. ,
a · a ro riate
written proffer, the citys action, ex~m?~ t~ne th~Pin~erest
days of the city council'
records so as to determine whether any cnan~: ·
in the property has occurred since the date of the title
certificate described in subsection (iv). In the event that
determines that no such change in interest
the city at~o?ey_~.~ ~thin the said ten (10) day period,
has occurred, ne s~o~., ,.-
clerk of the circuit court for
nresent the proffeF to.~he .. .... . determines that .a cha~Q~
~- · If the c~ty a~u.?:~ .... .nd that, in n~
recordation- has taken p~d~=, _ , .
eft - .-- retest,
in interest !n the pro~· -~.o~selv effect the c~y s
o. ant in writing that the protter
opinion, such.change m~y ~ .... . . .
he shall not~fY t~t !tP.l'fj:+ the city council's action in
will not be recoroeo ~nu
· ill be rescinded and void ~nle~s ~n
approving ?? o before the city coun~l.w~n
a peal is ti/eo ~uZ ?_,,~._~.¢ +ho citv attorney s /e~uF.
s~xty (60} days Ot the u~: ~ ....... ~described herein to
The city attorney shall mail the notice
the applicant at the address given by the applicant on the
· the applicant files an
In the event tha~_ ~ ;~- ~+~ attorney's
rezoning petition· (60) days of the oate oT u.:
appeal within sixty
letter, he shall be given the opportunity for a hearing
council. At the
before the ~. ~.. ~. ~+~ ois/ative o~scr:~,v-,
the city counc~ may, ,- ,~o le~
the applicant a certain amount of time in which to correct
e cit attorney or may rescind its
b'ect raised by th . ~ .... ~'na If either the
the o J ovln ~.u .=~.l ~.
~:~l(~r action in appr. g ~ -~- the said sixty (60)
~nt fails to file his ~e~L.~"~e city council acts
~ ne iod or upon ~earin~.~.: ~?:'..~. al of the r~zoning
application shall be void.
be changed to reflect the city council's approval of the
conditional zoning application until the planning director
14
(7)
forwarded to the city council in the manner of all rezonings.
The city council, in acting on.the proposal may accept all,
accept some and reject some, or reject all of the proffers.
The city council may also modify any proffered condition, but
only with the concurrence of all parties to the proffer, and
only after a new public hearing is held to consider the
modified proffer with the modified proffer being submitted in
writing to the planning director at least ten (10} days prior
to said public hearing. The planning commission and city
council may reject any proffer for failure to submitted in
form acceptable to the city attorney, and the city council
shall accept only those proffers submitted in form acceptable
to the city attorney. No proffer may be modified or added
except in accordance with these provisions. After the effective
date of this subsection, the city council shall attach no
condition to nor accept any proffer with a rezoning except in
accordance with this section. Nothing herein shall be deemed
to supersede any provisions of Section 107{a) through (f) of
this ordinance.
Recordation of proffer and amendment of zoning map. If the
city council approves the rezoning petition and accepts the
written proffer, the city attorney shall, within ten {10}
days of the city council's action, examine the appropriate
records so as to determine whether any change in the interest
in the property has occurred since the date of the title
certificate described in subsection (iv}. In the event that
the city attorney determines that no such change in interest
has occurred, he shall, within the said ten (10) day period,
present the proffer to the clerk of the circuit court for
recordation. If the city attorney determines that a change
in interest in the property has taken place, and that, in his
opinion, such change may adversely effect the city's interest,
he shall notify the applicant in writing that the proffer
will not be recorded and that the city council's action in
approving the rezoning will be rescinded and void unless an
appeal is filed for a hearing before the city council within
sixty {60} days of the date of the city attorney's letter.
The city attorney shall mail the notice described herein to
the applicant at the address given by the applicant on the
rezoning petition. In the event that the applicant files an
appeal within sixty (60) days of the date of the city attorney's
letter, he shall be given the opportunity for a hearing
before the city council. At the conclusion of such hearing,
the city council may, in its legislative discretion, permit
the applicant a certain amount of time in which to correct
the object raised by the city attorney or may rescind its
earlier action in approving the rezoning. If either the
applicant fails to file his appeal within the said sixty (60)
day period or upon hearing the appeal the city council acts
to rescind its earlier action, the approval of the rezoning
application shall be void. In no event shall the zoning map
be changed to reflect the city council's approval of the
conditional zoning application until the planning director
14
(8)
receives written notice from the city attorney that the proffer
has been properly recorded.
Effect of recorded proffers. Once proffered and accepted as
part of an amendment to the zoning ordinance, such conditions
shall continue in full force and effect until a subsequent
amendment changes the zoning on the property covered by such
conditions; provided, however, that such conditions shall
continue if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning
ordinance. The zoning administration officer is hereby
vested with all necessary authority to enforce such conditions.
(9)
Amendments to accepted proffers. No amendment shall be made
to any accepted proffer except in the manner of a new rezoning
application as set forth herein.
Sec. 108. Posting of signs relating to applications for rezoning, etc..
In addition to notice of public hearings as required by general
law, in a case where a property owner petitions for rezoning of property,
conditional use permits, appeal for variance, enlargement, extension,
relocation or conversion of a nonconforming use or structure, and
reconsideration of conditions attached to approval of any amendment,
the applicant shall erect, on or immediately adjacent to such property,
a suitable sign clearly visible and legible from public streets. Such
sign shall be erected not less than fifteen (15) days before the public
hearing of which it gives notice, and shall display information as to
nature of the application and date and time of the scheduled planning
commission hearing. Signs may be purchased in the planning department
office, or must duplicate those signs in size, format, lettering,
coloring and wording. Such signs may not be removed by the applicant
until the hearing before city council, and shall be removed within five
{5) days after said city council hearing. Notwithstanding the above,
the city council may deny or defer an application for which signs have
been inadequately posted.
Sec. 109. Transmittals of planning commission's recommendations.
Notwithstanding any provisions contained in this ordinance to the
contrary, any and all planning commission's recommendations mentioned
in this ordinance shall be transmitted by the planning director to the
city council within forty-five (45) days after the date of receipt of
such recommendations from the planning commission.
Sec. 110. Validity, repeal of conflicting ordinances; effective date.
(a) Validity. The provisions of this ordinance are hereby declared
to be severable. If any part, section, provision, exception, sentence,
clause, phrase, or the application thereof to any person or circumstances
for any reason be adjudged to be invalid, the remainder of the ordinance
shall remain in full force and effect and its validity shall not be
15
impaired, it being the legislative intent now hereby declared that this
ordinance would have been adopted even if such invalid matter had not
been included herein, or if such application had not been made.
(b) Repeal of conflicting ordinances. All ordinances and parts
of ordinances in conflict with the provisions of this ordinance, except
as hereinafter provided, are hereby repealed on the effective date of
this ordinance; provided, however, that an ordinance of the City of
Virginia Beach adopted on October 29, 1973, commonly known as the
"Comprehensive Zoning Ordinance of the Cityof Virginia Beach", and an
ordinance of the City of Virginia Beach adopted August 19, 1957, which
became effective September 18, 1957, commonly known as the "Master Zoning
Ordinance of the City of Virginia Beach", and an ordinance of the City
of Virginia Beach adopted November 25; 1954, commonly known as the
"Master Zoning Plan of Princess Anne County", shall not be considered
repealed as to any violation thereof existing on the effective date of
this ordinance, unless such violation conforms to the provisions of
this ordinance.
(c) Effective date. This ordinance shall be in effect from and
after the date of its adoption, including the official zoning map.
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present tense
shall include the futurel words used in the singular number include the
plural and the plural the singular; the use of any gender shall be
applicable to all genders; the word "shall" is mandatory; the word
"may" is permissive; the word "land" includes only the area described
as being above mean sea level; and the word "person" includes an indivi-
dual, a partnership, association, or a corporation.
In addition, the following term shall be defined as herein indicated:
Accessory use. Except as otherwise provided in the zoning district
regulations, an "accessory use":
(a) Is a use which is conducted on the same zoning lot as the
principal use to which it is related (whether located within the same
building or an accessory building or structure, or as an accessory use
of land} or which is conducted on a contiguous lot {in the same ownership),
and
(b) Is clearly incidental to, and customarily found in connection
with such principal use, and
(c) Is operated and maintained substantially for the benefit or con-
venience of the owners, occupants, employees, customers, or visitors of
the zoning lot with the principal use.
Alleys. Alleys are minor ways used primarily for vehicular
access to the rear or side of properties otherwise abutting a street.
16
Automobile service station. Buildings and premises where gasoline
is supplied and dispensed at retail, and where in addition oil, grease,
batteries, tires and automobile accessories may be supplied and dispensed
at retail, and the following and similar services may be rendered and
sales made:
(a) Adjusting and repairing brakes;
{b) Emergency wiring repairs;
(c) Greasing and lubrication;
(d) Grocery stores, carry-out food stores and similar convenience
goods, provided that gasoline pumps are protected from traffic circulation
by walls, posts, or other similar barriers; and provided further that
restrooms are available on site and that an attendant for the gasoline
pumps is present at all times;
(e) Motor adjustments not involving removal of the head or crankcase;
(f) Parking lot as an accessory use;
(g) Providing and repairing fuel pumps and lines;
(h) Provision of cold drinks, packaged foods, tobacco, and similar
convenience goods for gasoline supply station customers, but only as
accessory and incidental to the principal operation;
(i) Provision of road maps and other information material to
customers; provision of restroom facilities;
(j) Radiator cleaning and flushing; provision of water, antifreeze
and other additives;
(k) Rental of non-motorized utility cargo trailers as an accessory
use;
(1) Replacement or adjustment of minor automobile accessories; to
include mirrors, windshield wipers and the like;
(m) Restaurants and similar eating places and accessory uses other
than drive-in eating and drinking establishments;
(n) Sale and servicing of non-motorized bicycles;
(o) Sale and servicing of spark plugs, batteries, and distributors
and distributor parts;
(p) Servicing and repair of carburetors;
(q) Tire servicing and repair, but not recapping or regrooving;
(r) Washing and polishing, and sale of automotive washing and
polishing materials.
17
Uses permissible at a service station do not include body work, straight-
ening of frames or body parts, steam cleaning, painting, welding,
storage of automobiles not in operating condition nor the operation of
a commercial garage as an accessory use.
Billboards. A sign, as defined in this zoning code, including the
supporting sign structure, which advertises or directs the attention of
the general public to an establishment, business or service and which
is located on a separate site from the establishment, business or
service which the billboard advertises.
Borrow pit. Any operation involving the breaking or disturbing
of the surface soil or rock where the primary purpose of the operation
is to facilitate or accomplish the extraction or removal of sand, soil,
gravel, fill, or other similar material (rather than to produce the
hole from which the material comes} and to transport the material or
cause it to be transported off the site of the borrow pit operation.
Specifically exempt from this definition are the following:
(a) Any excavation for roads, drainage, or similar features necessary
incidental to, and in accordance with the approved construction plans
for a residential subdivision or other similar development activity,
even though the excavated material may be hauled off-site or sold.
(b} Any excavation for the purpose of conducting a bona fide
agricultural operation, including but not limited to excavations to
improved drainage, provided watering facilities for livestock, or
create a holding lagoon for animal waste.
(c) Any excavation which is less than ten thousand {10,000) square
feet in area and less than one thousand (1,000) cubic yards in volume.
{d) Any trench, ditch or hole for utility lines, drainage pipes or
other similar public works facilities or projects where the excavation
is in accordance with the approved construction plans.
Boundary walls. A solid wall without openings, situated within
a building and erected on the boundary line between adjacent lots and
which is to be jointly maintained.
Building. A structure with a roof intended for shelter or enclosure.
Building area. The total area covered by enclosed building space
including total area of all covered open space (except for open space
covered by eaves and normal overhang of roofs) but not including uncovered
entrance platforms, uncovered terraces, or uncovered steps where such
features do not themselves constitute enclosures for building areas
below them.
Building frontage. The portion of the principal building of an
establishment which faces a street. If the principal buildings are
arranged on the lot in such a manner as to face a parking area, then
the area facing said parking area may be considered the building frontage.
18
Bulk storage yard. A facility for the storage of raw materials,
finished goods or vehicles, provided they are in good running order.
No sale, storage or processing of scrap, salvage, junk, toxic or hazardous
materials is allowed.
Campground. Premises where spaces are offered for occupancy for
relatively short periods by portable recreational housing, including
any land, building structure or facility on such premises used by
occupants of such portable recreational housing.
Child-Care center. Any facility, other than a Family-Day Care
Home, operated for the purpose of providing care, protection and guidance
to a group of children separated from their parents or guardians during
a part of the twenty-four-hour day.
Clinic. An office building or group of offices wherein only
persons engaged in the practice of a medical profession or occupation
are located, but which does not have beds for overnight care of patients.
A "medical profession or occupation" is any activity involving the
diagnosis, cure, treatment, mitigation, or prevention of disease or
which affects any bodily function or structure.
Collection depot for recyclable materials. A fully enclosed
building where recyclable materials are collected or redeemed, and
temporarily stored until transported to a separate processing facility.
College or university housing. Buildings or structures which
contain dwelling units for the housing of regularly enrolled students,
faculty and employees of an established college or university, and
their families.
Communication Tower. A tower of any size which supports conmunication
(broadcast or receiving} equipment utilized by commercial, government,
or other public and quasi-public users. This does not include private
home use of satellite dishes and television antennas or amateur radio
operators as licensed by the Federal Communications Commission.
Community boat dock. A facility for secure mooring of boats provided
in conjunction with a residential development for use by residents of
the development as opposed to the public at large and that facilities
for storage and repair of boats and sale of boating supplies and fuel
are not provided for.
Country inn. A building in which not more than five (5) rooms
are provided for lodging transients, for compensation, for daily or
weekly terms, with or without board, in conjunction with which antiques
may be sold at retail as an accessory use. No such rooms shall have an
entrance or exist to the outside of the building, and no such room
shall exceed three hundred (300) square feet in floor area.
Density. The number of dwelling or lodging units per gross acre.
19
Developer. An owner, or any person with written authorization
from the owner, who intends to improve or to construct improvements
upon a given property.
Development.
estate, including
mining, dredging,
operations.
Any man-made change to improved or unimproved real
but not limited to buildings or other structures,
filling, grading, paving, excavating, or drilling
Drive-in eating and drinking establishment. Any eating and
drinking establishment encouraging the consumption of food or beverages
in automobiles through the use of outside service personnel. This does
not include those restaurants which only contain drive-in or walk-up
service windows.
Dwelling, attached/townhouses. A building containing two {2) or
more dwelling units attached at the side or sides in a series, separated
by a boundary wall and each unit having a separate lot with at least
minimum dimensions required by district regulations for such sections.
Dwelling, duplex. A building containing two (2) dwelling units,
entirely surrounded by a yard, where each dwelling unit is not on a
separate lot. Mobile homes, travel trailers, housing mounted on self-
propelled or drawn vehicles, tents or other forms of temporary or
portable housing are not included within this definition.
Dwelling, mobile home. A special form of one-family dwelling
with the following characteristics:
(a) Designed for long-term occupancy, and containing sleeping
accommodations, a flush toilet, a tub or shower bath, and kitchen
facilities, with plumbing and electrical connections provided for
attachment to outside systems.
(b) Designed to be transported after fabrication on its own wheels.
(c) Arriving at the site where it is to be occupied complete, usually
including major appliances and furniture, and ready for occupancy
except for minor and incidental unpacking and assembly operations,
location and provision of support on the site, connection with utilities
and the like.
(d) Intended to be used other than as a component in a structure
two (2) or more stories in height.
Dwelling, multiple-family. A building containing three {3) or
more dwelling units, entirely surrounded by a yard, where each dwelling
unit is not on a separate lot.
Dwelling, semi-detached.
units attached at the sides,
having a separate lot.
A building containing two {2) dwelling
separated by a boundary wall and each
2O
Dwelling, single-family. A building containing one dwelling
unit, entirely surrounded by a yard. Mobile homes, travel trailers,
housing mounted on self-propelled or drawn vehicles, tents or other
forms of temporary or portable housing are not included within this
definition.
Dwelling unit. A "dwelling unit" is a room or rooms connected
together, constituting an independent housekeeping unit for a family,
and containing a single kitchen.
Eating and drinking establishment. A commercial establishment
where food, beverages and meals are served and consumed, including any
areas set aside for their storage or preparation.
Eleemosynary or philanthropic institution. A charitable or
benevolent operation qualifying for tax exemption under section 501 of
the Internal Revenue Code of 1954, as amended.
Family. A "family" is:
{a} An individual living alone in a dwelling unit, or
(b) Any of the following groups of persons, living together and
sharing living areas in a dwelling unit:
(1) Two (2) or more persons related by blood, marriage, adoption,
or approved foster care.
(2) A group of not more than four (4) persons (including servants)
who need not be related by blood, marriage, adoption or
approved foster care.
(3) A group of not more than five (5) persons (including surrogate
parents) under approved supervision of either the department
of mental health and mental retardation or the department of
social services.
(4) A group of not more than two (2) adults, who need not be
related by blood or marriage, and the dependent children of
each of the two (2) adults, provided that the children are
under nineteen (19) years of age or are physically or develop-
mentally disabled.
Family Day-Care Home. Any private family home which, as a home
occupation, provides care, protection and guidance to a group of children
separated from their parents or guardians during a part of the twenty-
four-hour day. This term shall apply only to homes in which more than
five (5) children are received except children who are related by blood
or marriage to persons who maintain the home or where the total number
of children received, including relatives, exceeds seven (7}.
21
Floodplain. That land area adjoining a river, stream, watercourse,
ocean, bay, or lake, which is subject to inundation. Floodplains shall
be determined as the land situated below the elevation of:
(a) that recorded by the maximum elevation of the flood water of
record;
(b) the intermediate flood level as determined by the U.S. Army
Corps of Engineers; or
(c) the flood level as determined by the department of public
works, whichever is greater.
Any changes in the delineation of the intermediate flood level are
subject to approval by the federal insurance administrator.
A floodplain is divided into two {2) areas:
(1)
Floodway. A natural watercourse with definite bed and banks
to confine and conduct flood flows. The top of the banks
form the dividing lines between the floodway and the flood
fringe. Floodway lines must be established in such a manner
that some loss of storage and hydraulic conveyance attributable
to guiding future development outside the floodway will not
increase flood heights more than applicable regulatory standards.
Pending floodway delineations from a storm drainage master
plan, minimum natural floodways shall be identified by the
city soil scientist.
(2)
Flood fringe. The relatively flat area or low lands adjoining
a floodway which has been or may infrequently be covered by
flood water.
Floor area. "Floor area" shall be construed as the sum of the
gross horizontal areas of the several floors of a building measured
from the exterior faces of the exterior walls or from the centerline of
walls separating two (2) buildings; provided that the following areas
shall be excluded from the determination of floor area: Attic areas
with headroom of less than seven {7) feet, unenclosed stairs of fire
escapes, elevator structures on the roof, areas devoted exclusively to
,air conditioning, ventilating and other building machinery and equipment,
and parking structures.
Floor area ratio. The ratio of floor area to land area expressed
as a percent or decimal which shall be determined by dividing the total
floor area on a zoning lot by the lot area of that zoning lot.
Garage apartment. A structure above a private garage in which
provision is made for one dwelling unit, requiring an interior stairway
to the second floor, provided that the living area does not exceed
eight hundred {800) square feet of floor area and the height does not
exceed twenty-eight {28) feet.
22
Garage, parking. A building or portion thereof, designed or used
for temporary parking of automotive vehicles, and within which motor
fuels and oils may be sold, but within which no vehicles shall be
stored, equipped, repaired, hired, or sold.
Garage, private. An accessory structure or part of the principal
structure which is intended for parking or temporary storage of automobiles
of owners or occupants of the premises.
Garage, repair. A building or portion
private, storage or parking garage, designed
equipping, or servicing of automotive vehicles.
be used for storage of automotive vehicles.
thereof, other than a
or used for repairing,
Such garages may also
Garage, storage. A building or portion thereof designed and used
exclusively for the storage of automotive vehicles, and within which
temporary parking may also be permitted.
Gross acreage. The total area measured in acres within the
boundaries of a zoning lot.
Guest house. A dwelling or lodging unit for temporary nonpaying
guests in an accessory building. No such living quarters shall be
rented, leased, or otherwise made available for compensation of any
kind, nor shall such quarters include over five hundred {500) square
feet of floor area. Kitchen facilities are not permitted.
Heliport. A landing and take-off place for a helicopter including
accessory terminal and fuel accommodations.
Helistop. A landing and take-off place for a helicopter.
Home occupation. The conduct of a business in a residential
dwelling unit where all of the following characteristics are present:
(a} The use of the dwelling unit for the business is clearly
incidental and subordinate to its use for residential purposes by its
occupants.
(b) There is no change in the outside appearance of the building
or premises or any visible or audible evidence detectable from outside
the building lot, either permanently or intermittently, or the conduct
of such business except for an identification sign regulated by this
ordinance.
(c) The home occupation is conducted on the premises which is the
bona fide residence of the principal practitioner, and no more than one
person other than a member of the immediate family occupying such
dwelling unit is employed in the business.
(d) There are no sales to the general public of products or
merchandise from the home.
23
(e) The use does not qualify as an accessory use as defined by this
ordinance.
Homeowners' association. An incorporated, nonprofit organization
made up of homeowners in a specified subdivision or subdivisions, that
shall be responsible for maintenance and operation of neighborhood
recreation facilities or other community facilities or functions, and
that shall assess its members fees or dues to offset the cost thereof.
Homes for the aged, disabled and handicapped.
dwelling units for occupancy by:
(a)
of age or
(b)
(c)
c~ite~ia
Structures containing
Families whose head of the household is sixty-two (62) years
older, or
Single persons sixty-two {62) years of age or older, or
Handicapped persons and other persons meeting federal eligibility
for housing assistance to a handicapped person or his family.
This use is characterized by dwelling density above that which would
otherwise be allowed in conventional multi-family dwelling structures.
This use may include support facilities such as dining halls and emergency
medical care facilities but is distinguished from nursing homes, hospitals
and other similar treatment facilities by the absence of extended
medical care capability.
Hotel. A building or group of attached or detached buildings
containing dwelling or lodging units in which fifty (50) percent or
more of the units are lodging units. A hotel shall include a lobby,
clerk's desk or counter and facilities for registration and keeping of
records relating to hotel guests. This term also includes motels.
Junkyard. Any' lot or parcel of land, structure or part thereof
used for the collection, storage and sale of wastepaper, rags or scrap
metal or discarded material, or for the collection, dismantling, storage
and salvaging of machinery or vehicles not in running condition and for
the sale of parts thereof.
Kennel, comercial. Any premises in which caring, breeding,
housing, and keeping of dogs, cats, or other domestic animals is done
for monetary purposes.
Kennels, residential. Any premises in which, or parcel of land
upon which, more than four {4) dogs over six {6) months of age are kept
for pets or for hunting, exhibiting, dog shows, field and obedience trials.
Kitchen. An area with a housekeeping unit which contains a
cooking facility.
Landscaped. Devoted exclusively to plants which are rooted
directly in the ground or in permanently fixed planter boxes properly
maintained.
24
Lodging unit. Living quarters for a family which do not contain
independent kitchen facilities; provided, however, that dwelling units
which do not exceed six hundred fifty (650) square feet and are made
available for occupancy on a lease or rental basis for periods of less
than one week shall be considered lodging units even though they contain
independent kitchen facilities.
Lot. A piece of parcel of land abutting on a street and treated
by proper legal instrument.
Lot coverage. That percent of a zoning lot covered by enclosed
building space including total area of all covered open space {except
for open space covered by eaves and normal overhang of roofs) but not
including uncovered entrance platforms, uncovered terraces, or uncovered
steps where such features do not themselves constitute enclosures for
building areas below them.
Lot, front of. The front of a lot shall be considered to be that
boundary of the lot which abuts on a street. In the case of corner
lot, the narrowest boundary fronting on a street shall be considered to
be the front of the lot. In case the corner lot has equal frontage on
two {2) or more streets, the lot shall be considered to front on the
principal street on which the greatest number of lots have been platted
within the same block.
Major recreational equipment. For purposes of this ordinance,
major recreational equipment includes travel trailers, pickup campers
or coaches, motorized dwellings, tent trailers, converted buses or
similar devices intended for use as portable recreational housing,
boats and boat trailers, amphibious houseboats and the like, and cases
or boxes used for transporting recreational equipment, whether occupied
by such equipment or not.
Marina, Commercial. A facility for secure mooring of boats
including facilities for storage and repair of boats and sale of boating
supplies and fuel for use by persons including the owner or resident of
the lot and those other than the owner or resident of the lot upon
which the facility is located.
Marina, Non-commercial. A facility for secure mooring of boats for
use by persons including the owner or resident of the lot and those
other than the owner or resident of the lot upon which the facility is
located and that facilities for storage and repair of boats and sale of
boating supplies and fuel are not provided for.
Mini-warehouses.
for rent or lease.
A series of individual enclosed storage units
Mobile home. A structure, transportable in one or more sections,
which is built on a permanent chassis and designed to be used with or
without a permanent foundation when connected to the required utilities.
It does not include recreational vehicles or travel trailers. The term
includes, but it is not limited to, the definition of "mobile home" as
25
set forth in regulations governing the mobile home safety and construction
standards program.
Mobile home park or mobile ho~m subdivision. A parcel (or contiguous
parcels} of land divided into two (2} or more mobile home lots for rent
or sale which include facilities for servicing the lot on which the
mobile home is to be affixed, including at a minimum the installation
of utilities, either final site grading or the pouring of concrete
pads, and the construction of streets.
Motor vehicle sales and rental. Any lot or establishment where
three {3) or more motor vehicles, including trucks, house trailers, and
motor homes, but not including motorcycles, are displayed for sale or rent.
Nursing, convalescent or rest home. A dwelling place for three
{3) or more aged, infirm or incapacitated persons where nursing care
and minor medical services only are available to residents thereof as
distinguished from a hospital or attended care facility devoted to the
diagnosis, treatment or care of the sick or injured.
One-hundred-year flood. The flood having a one percent change of
being equalled or exceeded in any given year, also referred to as "base
flood" or intermediate level flood.
Outdoor advertising structures, billboards, poster panels or
signboards. A sign structure providing display or display space on a
lease or rental basis in connection with the conduct of the outdoor
advertising business, which business provides outdoor display or display
space on a lease or rental basis for general advertising and not primarily
or necessarily for advertising related to the premises on which erected
or to products or services provided on such premises.
Owner. Any persons or authorized agent who has legal title to
the land involved or who has a lease having a term of not less than
thirty {30} years.
Parking lot, commercial. A parcel of land or portion thereof
used for the parking or storage of motor vehicles as a commercial
enterprise for which compensation is charged independently of any other
use of the premises.
Portable recreation housing - Recreation units. A general term
used to include travel trailers, pick-up campers, tents, converted
buses or similar devices, other than mobile homes, intended for use as
temporary portable recreational housing.
Principal structure. A structure that encloses or houses any
principal use.
Private club. An incorporated or unincorporated association for
civic, social, cultural, religious, literary, political, recreational,
or like activities, operated for the benefit of its members and not
open to the general public.
26
Private utilities. For the purposes of this ordinance, private
utilities are intended to include private sewage treatment plants and
private water supplies serving residential subdivisions or other groups
of uses or structures; provided that the term "private utilities" shall
not include cesspools, individual household septic tank systems, individual
household aerobic units, and individual water supplies.
Regulatory floodway. The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height.
Servants quarters. Dwelling or lodging units for domestic servants
employed on the premises.
Shelter for farm employees. A single-family residential structure
located on a farm for the purpose of housing a single family of employees
of that farming business.
Sign. Any device designed to inform or attract the attention of
persons not on the premises on which the sign is located; provided,
however, that flags and insignia of any government or nonprofit organiza-
tions, except when displayed in connection with commercial promotion,
shall not be included in the application of the regulations herein.
Signs, number. For determining number, one sign shall be considered
to be a display or device containing elements organized, related, and
composed to form a unit. Where matter is displayed in a random manner
without organized relationship of units, where strings of lights or
pennants are used, or where there is reasonable doubt about the rela-
tionship of elements, each element, light or pennant shall be considered
a single sign. Double-faced signs will be counted as a single sign
provided that the faces are parallel or are not separated by an angle
greater than fifteen (15) degrees and are part of the same structure.
Signs, surface area. The surface area of a sign shall be computed
as including the entire area within a parallelogram, triangle, circle,
semicircle or other regular geometric figure, including all of the
elements of the matter displayed, but not including blank masking,
frames or structural elements outside the sign surface and bearing no
advertising matter. The surface area of each face of a double-faced
sign shall count to total sign area permitted.
Street. A vehicular way, whether public or private, (which may
also serve in part as a way for pedestrian traffic) whether called
street, highway, thoroughfare, parkway, throughway, road, avenue,
boulevard, lane, place, alley, mall or otherwise designated.
Structure. Anything constructed or erected with a fixed location
on the ground, or requiring a fixed location on the ground, or attached
to something having or requiring a fixed location on the ground.
27
Student center. A building or structure devoted to active or
passive recreational facilities for students of a college or university
and operated by an agent of the college or university.
Student dormitory. A building or structure devoted to housing of
regularly enrolled students of a college or university which contains
lodging units or sleeping rooms and may contain a common kitchen and
dining facility for the occupants and operated by an agent of the
college or university which the students are affiliated.
Substantial improvement. Any repair, reconstruction, or improvement
of a structure, the cost of which equals or exceeds fifty (50} percent
of the market value of the structure either (a) before the improvement
or repair is started, or (b) if the structure has been damaged, and is
being restored, being the damage occurred. For the purpose of this
definition "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part
of the building commences, whether or not that alteration affects the
external dimensions of the structure. The term does not, however,
include either {1) any project for improvement of a structure to comply
with existing state or local health, sanitary, or safety code specifica-
tions which are solely necessary to assure safe living conditions or
(2) any alteration of a structure listed on the National Register of
Historic Places or a state inventory of historic places.
Use. A "use" is;
(a) Any purpose for which a structure or a tract of land is designed,
arranged, intended, maintained, or occupied or
(b) Any activity, occupation, business, or operation carried on,
or intended to be carried on, in a structure or on a tract of land.
Utility installation. A use or structure used directly in distribu-
tion or transmission of utility services, but not including storage
yards, offices, warehouses, machine shops and the like.
Yard. An open space that lies between the principal or accessory
building or buildings and the lot lines. This term includes front
yards, rear yards, and side yards as appropriate. Minimum dimensions
of such yards are specified in the appropriate sections of this ordinance
and within such minimum dimensions, yards are unoccupied and unobstructed
from the ground upward except as may be specifically provided in this
ordinance.
Yard, Required. That portion of a lot adjacent to each lot line and
encompassing all points on the lot within a minimum setback distance of
the lot lines as set forth in the applicable district regulations.
Yard, Required Front. That portion of a lot encompassing all
points on the lot within a minimum setback distance of the front of the
lot as specified in the applicable district regulations.
Yard, Required Side. That portion of a lot encompassing all
points in the lot within a minimum setback distance of the side lot
line or lines of the lot as specified in the applicable district regula-
tions.
Yard, Required Rear. That portion of a lot encompassing all
points in the lot within a minimum setback distance of the rear lot
line or line of the lot as specified in the applicable district regula-
tions, except that in the case of through lots there will be no rear
yards, but only front and side yards.
Zoning lot. A lot or any portion thereof, or contiguous lots of
the same ownership within a single zoning district, which are to be
used, developed or built upon as a unit. For the purpose of this
definition, lots of the same ownership separated solely by an alley of
no more than twenty (20) feet in width and by a distance not exceeding
the width of the alley shall be considered contiguous.
29
ARTICLE 2. GENERAL REQUIREMENTS AND
PROCEDURES APPLICABLE TO ALL DISTRICTS *
A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS,
OFF-STREET PARKING AND OFF-STREET LOADING
Sec. 200. Zoning lots.
(a) Density Allowance and Lot Area. For purposes of determining
allowable dwelling unit or lodging unit density and for determining
minimum lot size requirements the gross area of a zoning lot shall be
the total area within the lot lines of the zoning lot, including:
(1) public and private utility easements, so long as the total
width of the easement is twenty (20) feet or less,
(2) easements for ingress and egress in favor of others,
{3) natural flood fringes,
{4) manmade drainage areas and the easements over them constructed
primarily for storage and retention of stormwater runoff on
the lot and conveyance from the lot except that only the
first ten (10) feet of such areas closest to their boundary
shall count toward minimum lot size requirements,
The following shall not count toward the gross area of a zoning lot:
{5) the floodway portion of any natural floodplain,
(6) any body of water except as mentioned above,
{7) any manmade drainage areas such as borrow pits and the easements
over them constructed primarily for purposes other than storage
and retention of stormwater,
{8) wetlands,
{g) any part of a public or private utility easement whose total
width is more than twenty (20) feet.
(b)
(1)
Lot width
Lots abutting rights of way that are straight or where the
radius of curvature is ninety (90) feet or more shall meet
the following standards:
(i) the width of the zoning lot shall be determined by
measuring across the rear of the required front yard.
Each lot shall be configured so that a straight line
drawn across the rear of the required front yard is
equal to or greater in length than the minimum lot width
for the district in which the lot is located.
{ii) A straight line drawn between the points of intersection
of the side lot lines with the right-of-way line shall
constitute the street line frontage of the zoning lot.
Each lot shall be configured so that the width of this
frontage is at least equal in length to eighty (80)
percent of the required minimum lot width.
]
3O
Lots abutting rights of way when the radius of curvature is
less than ninety (go) feet or on the turning circle of cul-de-
sacs shall meet the following standards:
The width of such a zoning lot shall be determined by
the following method. First, a straight line is drawn
between the two points where the side lot lines intersect
the right-of-way line; second, a straight line is drawn
from the center of curvature through the midpoint of the
first line into the lot; third, a straight line is drawn
perpendicular to the second line and a distance back
from the right-of-way line equal to the required front yard
in the applicable district. The length of this third
line between the side lot lines is the width of the
zoning lot. Each lot shall be configured so that the
width meets the minimum requirement for the district in
which it is located. The drawing below illustrates the
necessary relationships.
In no case shall the length of the first line, which
shall be deemed the street line frontage, be less than
fifteen {15) feet.
(ii)
Line BC is the first line
Point A is the center of curvature; Point H is
the midpoint of line BC
Line AG extended into the lot is the second line,
which passes through Point H
Point F is where line AG intersects the right-of-
31
{3) With regard to the measurement of any line for the purpose of
determining compliance with minimum standards, no portion of
any line that crosses a part of the lot not counting toward
meeting minimum area requirements shall count toward meeting
minimum width requirements.
(4) Notwithstanding the above, on a corner lot or through lot,
the lot width shall be measured with regard to the narrowest
part of the lot by which legal access is available to the
abutting street or streets.
Sec. 201. Yards.
(a) General. All required yards shall be unobstructed by any
structure or other improvement which exceeds sixteen (16) inches in
height as measured from ground elevation; provided, however, the following
improvements may be located in a yard:
(1) In ground swimming pools may extend to within five (5) feet of
any side or rear property line, provided however, that no in
ground swimming pool shall extend into any required yard
adjacent to a street.
The following improvements may be located in a yard without regard
to height unless regulated by other sections of this ordinance:
(2) Fences, walls, poles, wires and customary yard accessories;
(3) Roof overhangs or eaves which do not extend more than four (4)
feet into the yard;
(4) Residential heating and cooling equipment which does not
extend more than five (5) feet into the yard and which is no
closer than five (5) feet to the nearest lot line; and
(5) Chimneys which do not extend more than twenty-four {24) inches
into the yard.
No provision of this section shall be interpreted to permit the
construction of a jacuzzi, hot tub or similar apparatus in any
yard regardless of height; nor shall this section be interpreted
to mean that any structure or improvement listed above need not
comply with other sections of this Code pertaining to height
limitations and obstruction of visibility.
In addition, certain other structures, uses or accessories may be
prohibited in certain yards as set forth in the applicable district
regulations.
(b) Relationship to Ultimate Right-of-Way. As an exception to the
requirements above, where transportation plans have been approved and
adopted by the City Council, all yard requirements shall be measured
from the ultimate right-of-way line established on said transportation
32
plan or the street frontage line, whichever is the greater distance
from the established center line of the transportation plan.
(c) Whenever the side or rear yard of a lot abuts a public right-
of-way not more than twenty (20) feet in width, the side or rear yard
adjacent to such public right-of-way shall comply with the side or rear
yard requirement which would apply to that lot if it did not abut a
public right-of-way.
(d) Requirements relating to garages and carports in yards. No
)ortion of any garage or carport shall occupy any required front, side
or rear yard.
(e) Requirements of fences and walls.
(1)
Fences and walls shall not exceed a height of eight (8) feet.
Walls and fences may project into or enclose any part of any
yard; provided, however, that any fence or wall which projects
into or encloses a required front or side yard adjacent to a
street shall not exceed a height of four {4) feet except in
the case of a through lot when a required front yard setback
is clearly and physically the rear of the dwelling, an eight-foot
fence will be allowed, and provided further that no fence or
wall may be erected closer than five (5) feet to any right-of-way
line, and where it is closer than ten (10) feet to any
right-of-way line shall have installed between it and the
right-of-way line Category I landscaping.
(2)
Barbed wire and electrified fences are prohibited in all
residential and apartment districts or within fifteen {15)
feet thereof.
(3)
Fences shall be prohibited along that portion of a parking
area of one or more parking spaces which is adjacent to a
street, unless required by other sections of this ordinance
or as a conditional use permit; except this shall not pertain
to a decorative fence (excluding wire woven fence) with at
least seventy-five (75) percent unobstructed light penetration
which meets all applicable height limits for fences.
(4)
All required fences and walls shall be erected in accordance
with the standards and specifications set forth in the Virginia
Beach Landscaping, Screening and Buffering Specifications and
Standards.
(f) Vision clearance at intersections. Visibility triangles,
within which nothing shall be erected, placed, or parked, planted or
allowed to grow in such a manner as to impede vision between a height
of two and one-half {2 1/2) and eight {8) feet above the center lines
of intersecting trafficways shall be provided as follows:
(1)
Street intersections. A visibility triangle shall be required
at all street intersections including at least the area
within the first twenty (20) feet along the intersecting
33
rights-of-way (projected if rounded) and a line connecting
the ends of such twenty-foot lines. Where sidewalks have
been provided within the right-of-way line, vision clearance
measurements shall be taken from the curb line, rather than
the right-of-way line.
(2)
Intersections of driveways with streets. No wall, fence or
other structure shall exceed a height of thirty (30) inches
above the finished elevation of a driveway within a visibility
triangle created by measuring ten (10) feet in from the
intersection of a driveway boundary and property lines away
from the driveway with the ends of the two (2) ten-foot lines
connected in a straight line to form the visibility triangle.
The thirty-inch height for any portion within the triangle
shall be computed from the elevation of the driveway which is
perpendicular to that portion of wall or structure within the
triangle.
Sec. 202. Height regulations.
(a) Whenever height limits for buildings and other structures are
established, no portion of any building or other structure shall extend
above such height limits, except residential chimneys, line-of-sight
relaying devices, broadcasting towers, radio or television antennas,
spires, flagpoles, water tanks, or monuments otherwise approved for
erection; provided, however, that smokestacks may also extend beyond
such limits, if they do not exceed in height the distance to the nearest
lot line; and further provided that one tower for purposes of an amateur
radio station operation, which may contain multiple antennae, may extend
beyond said height limits but shall not exceed ninety (90) feet in
height above ground elevation.
(b) No structure which on the basis of its height would constitute
an obstruction to air navigation pursuant to the standards of the
Federal Aviation Administration shall be allowed in any district unless
it is subsequently determined by the Federal Aviation Administration
that the structure does not constitute a hazard to air navigation.
Sec. 203. Off-street parking requirements.
(a) The following specified uses shall comply with the off-street
parking requirements designated therefore:
(1) Animal hospitals, business studios, eleemosynary and
philanthropic institutions, veterinary establishments, commercial
kennels, animal pounds and shelters, wholesaling and distribution
operations, financial institutions other than banks, laboratories
other than medical, passenger transportation terminals and broad-
casting studios: At least one space per four hundred (400)
square feet of floor area;
34
(3)
(4)
Auditoriums, assembly halls and union halls; commercial
recreation facilities: At least one space per one hundred
(100) square feet of floor area or at least one space per
five (5) fixed seats, whichever is greater;
Banks, credit unions, savings and loans, and other such
financial institutions: At least one space per one hundred
twenty-five {125} square feet of floor area;
Botanical and zoological gardens: At least one space per ten
thousand {10,000) square feet of lot area;
Bowling alleys: At least five {5) spaces per alley;
(6) Child care centers and child care education centers: At least
one space per three hundred (300) square feet of floor area;
(7) Churches: At least one space per five {5) seats or bench
seating space in the main auditorium;
(8)
College or university: At least one space per five (5) seats
in the main auditorium or five (5) spaces per classroom,
whichever is greater;
(g) Convalescent or nursing home; At least one space per four (4)
patient beds;
(10) Country inns: At least one space per room provided for
lodging transients;
(11) Drive-in eating and drinking establishments: At least one
space per fifty {50) square feet of floor area;
(12) Dwellings, single family, semi-detached, duplex and attached:
At least two (2) spaces per dwelling unit;
{13) Dwellings multi-family: At least two (2) spaces per dwelling
unit for the first fifty (50) units located on a zoning lot
and at least one and three quarters (1 3/4) spaces per dwelling
unit for all units in excess of fifty {50) units.
(14) Eating and drinking establishments: At least one space for
each seventy five (75) square feet of floor area;
{15) Eating and drinking establishments accessory to a hotel: At
least one space for each three hundred (300) square feet of
floor area in dining area;
(16) Fraternity or sorority house, student dormitory: At least
one space per two (2) lodging units or one space per three
(3) occupants, whichever is greater;
35
(17) Furniture or appliance stores, machinery equipment, automotive
and boat sales and service: At least one space per nine
hundred {900) square feet of floor area;
(18) Golf courses: At least five (5) spaces per hole in the main
course;
(19) Greenhouses and plant nurseries: At least one space per one
thousand {1,000) square feet of selling area;
(20) Homes for the aged, disable or handicapped: At least one
space per unit;
(21) Hospitals: At least two and one-half (2.5) spaces per patient
bed;
(22) Lodging units; At least one space per lodging unit;
(23} Marinas: At least one space per boat slip;
(24) Medical, optical, and dental offices and clinics, and medical
laboratories: At least one space per two hundred fifty {250)
square feet of floor area;
(25) Meeting rooms and convention hall facilities accessory to a
hotel: At least one space per twenty (20} seating capacity;
(26) Museums and art galleries: Not less than ten (10) spaces and
one additional space for each three hundred (300) square feet
of floor area or fraction thereof in excess of one thousand
(1,000) square feet;
(27) Nightclubs, bars, taverns, and dance halls: At least one
space per one hundred {100) square feet of floor area;
(28) Nurses homes and similar housing for institutional employees:
At least one space per four {4) occupants;
Offices: At least one space per two hundred fifty (250)
square feet of floor area;
(30) Personal service establishments: At least one space per two
hundred (200) square feet of floor area;
{31) Printing and publishing establishments: At least one space
per one thousand (1,000) square feet of floor area;
(32) Private clubs and lodges, social centers, athletic clubs and
commercial recreation facilities other than bowling alleys:
At least one space per one hundred (100) square feet of floor
area;
{33) Public buildings and funeral homes: At least one space per
five hundred (500) square feet of floor area;
36
(34)
Retail establishments, repair establishments, plumbing and
heating establishments and service establishments other than
personal service establishments: At least one space per two
hundred {200) square feet of floor area;
(35)
Restaurants other than drive-in eating and drinking establish-
ments: At least one space per seventy-five {75) square feet
of floor area;
{36) Sanitariums: At least one space per four (4) patient beds;
(37)
Service or repair establishments, motion picture studios,
utility installations, manufacturing, industrial, processing,
packaging, fabricating, research or testing labs, warehouses
establishments, printing, publishing, and plumbing and heating
establishments; At least one space per employee on maximum
working shift;
(38)
Shopping centers located on a zoning lot greater than five (5)
acres in size, containing more than eight (8) individual uses
or businesses and where no more than five {5) percent of the
gross leasable area is devoted to movie theaters and restau-
rants: At least one space per two hundred {200) square feet
of floor area or the total parking required for the individual
uses, whichever is less;
{39) Vocational, technical, industrial and trade schools: At
least six (6) spaces per classroom;
(40)
Uses permitted under conditional use permits shall comply
with the specific off-street parking requirements attached to
the conditional use permit.
(b) General standards. Any off-street parking space, including
spaces provide above the minimum required, shall have minimum dimensions
of nine (g) by eighteen (18) feet; provided that minimum dimensions for
parallel parking spaces shall be nine (9) by twenty-two (22) feet; provided
that within an enclosed parking garage or structure with at least
one-hundred (100) spaces thirty (30) percent of the spaces provided may
be designated for compact cars provided that the minimum dimensions
shall be eight (8) by seventeen (17) feet for regular spaces or eight
(8) by twenty (20) for parallel spaces and that all such compact car
spaces be clearly marked with the wording "Compact Cars Only". Each
space shall be unobstructed, shall have access to a street and shall be
so arranged that any automobile may be moved without moving another,
except in the case of parking for one and two family dwellings and in
the case of parking for employees on the premises. All spaces shall be
provided and maintained with an all-weather surface. Where parking
areas are illuminated, all sources of illumination shall be so shielded
as to prevent any direct reflection toward adjacent premises in
residential, apartment, or hotel districts. In addition:
37
(1)
Parking areas for three (3) or more automobiles shall have
individual spaces marked except in the case of parking for
one and two family detached dwellings, and spaces shall be so
arranged that no maneuvering directly incidental to entering
or leaving a parking space shall be on any public street,
alley, or walkway.
(2) Minimum aisle width required for parking areas shall be
according to the following table:
Parking Angle Aisle Width
(in deqrees) (in feet)
0-44 12
45-59 13.5
60-69 18.5
70-79 19.5
80-89 21
90 22
(c) Parking for accessory uses. Unless otherwise specified in
the district regulations, accessory uses shall conform to the parking
requirements applicable to such uses, which requirements shall be in
addition to any parking required of the principal use.
(d) Commercial vehicular parking. Parking of a commercial vehicle
in residential or apartment districts shall be prohibited, except that
one commercial vehicle of one ton or less may be parked on any lot
where there is located a main building by a resident of the premises.
This restriction shall not apply to commercial vehicles during the
normal conduct of business or in the deliver or provision of service to
a residential area. The parking of semi-trailers for commercial or
industrial storage is prohibited except on bona fide construction sites.
(e) Requirements for access by disabled persons..
requirements shall be applicable for all public and
buildings:
The following
nonresidential
(1) Off-street parking requirements for handicapped persons shall
be in accordance with the following table:
Required Number of
Total Parkinq in Lot Accessible Spaces
5 to 50 1
51 to 100 2
101 to 200 3
over 201 3 plus 1% of spaces
in excess of 200
]
]
]
38
(2)
Parking spaces for disabled persons shall have a minimum
dimension of eight (8) by eighteen (18) feet, and have an
adjacent access aisle with a minimum dimension of five (5)
feet wide. Such parking access aisles shall be part of the
accessible route to the building or facility entrance. Two
such accessible parking spaces may share a common access
aisle. Accessible parking spaces shall be designated as
reserved for the disabled by a sign showing the symbol of
accessibility. Such signs shall have the lower edge of the
sign no lower than four (4) feet above grade.
(f) Residential parking requirements. Any area within a garage or
within an enclosed or covered space may be counted toward meeting off-
street parking requirements except where specifically prohibited in the
applicable district regulations.
Sec. 204. Off-street loading requirements.
(a) The off-street loading requirements herein specified shall
apply to all zoning lots exceeding five thousand {25,000) square feet
in area for the class or kind of uses indicated. In addition, in
connection with planned development zoning and conditional use permits
involving such classes or kinds of uses, special requirements may be
imposed.
(b) Moreover, if any building existing on the effective date of
these provisions is subsequently altered to increase floor area by
fifty (50) percent or more, or converted from any other use to the uses
listed in column 1 of the chart below, off-street loading spaces shall
be provided as indicated.
(c) Where a building is used for more than one use, and floor
area for each use is below the minimum requiring a loading space, the
aggregate floor area of the several uses shall be used in determining
the number of loading spaces required, provided that such calculations
shall be based on the use category requiring the greatest number of
loading spaces.
Column 1
Use or Use
Cateqory
Column 2
Floor Area in
Square Feet
Column 3
Loading Space
Requirements
Retail stores, eating and
drinking establishments,
wholesale houses, ware-
houses: repair, general
service, manufacturing or
industrial establishments
2,000-10,000 One
10,001-20,000 Two
20,001-40,000 Three
40,001-60,000 Four
Each 50,000 over 60,000 One additional
Hotels, hospitals or similar 5,000-10,000 One
institutions or places of 10,001-50,000 Two
public assembly 50,001-100,000 Three
Each 100,000 over 100,000 One additional
39
Column 1
Use or Use
Cateaorv
Column 2
Floor Area in
Square Feet
Column 3
Loading Space
Requirements
]
Funeral homes or mortuaries 2,500-4,000 One
4,001-6,000 Two
Each 10,000 over 6,000 One additional
Offices or office buildings 20,000-50,000 One
50,001-100,000 Two
Each 100,000 over 100,000 One additional
(d) No loading space required under the provision of this ordinance
shall be in any street or alley, but shall be provided within the
building or on the lot. No less than half of the required number of
off-street loading spaces, but in all cases at least one space, shall
have a vertical clearance of at least fourteen (14) feet, and the
balance of required spaces shall have a vertical clearance of at least
ten (10) feet. Each loading space shall have minimum horizontal dimensions
of twelve (12) by thirty-five (35) feet. Each space shall be unobstructed
and shall be so arranged that any using vehicle may be moved without
moving another. Adequate maneuvering areas and access to a street
shall be provided and shall have a vertical clearance of at least
fourteen (14} feet. All spaces shall be provided and maintained with
an all-weather surface. Where loading areas are illuminated, all
sources of illumination shall be so shield as to prevent any direct
reflection toward adjacent premises in residential, apartment or hotel
districts. In addition loading spaces for three (3} or more vehicles
shall have individual spaces marked, and spaces shall be so arranged
that no maneuvering directly incidental to entering or leaving a loading
space shall be on any public street, alley or walkway.
Sec. 205. Major recreational equipment.
(a) No major recreational equipment shall be parked in any public
street or public right-of-way for more than three (3) hours.
(b) No such equipment shall be used for living, sleeping or
housekeeping purposes except in locations lawfully established for such
use.
(c) In AG-I Districts, no such equipment shall be parked or stored
in any required yard adjacent to a street nor closer than three (3)
feet to any lot line.
(d) Where the principal use of a building is residential, major
recreational equipment shall be stored only as a use accessory to a
permitted principal use, and subject to the following limitations: No
such equipment shall be parked or stored on any lot except within a
building or behind the nearest portion of a building adjacent to a
public street; provided, however, such equipment may be parked anywhere
on the premises for a period not to exceed twelve {12) hours during
loading or unloading.
4O
(el Where the principal use of a building is commercial, business
or industrial, major recreational equipment may be parked or stored as
accessory uses, provided limitations and requirements of the district
are met.
Sec. 206. Public and private pump stations, water tanks and other
unmanned utility facilities less than four hundred square
feet in building area.
Individual district requirements for minimum lot area, lot width
and yard spacing requirements notwithstanding, the following require-
ments for public and private pump stations, water tanks, and other
unmanned utility facilities less than four hundred (400) square feet in
building area shall apply in all districts where they are permitted:
(a) Minimum lot area. The minimum lot area shall be one thousand
six hundred {1,600} square feet.
(b) Minimum lot width. The minimum lot width shall be forty (40)
feet measured at the building location; provided, however, that when a
facility covered by this section is not located adjacent to a public
street, a right-of-way or easement for ingress of minimum width of
fifteen (15) feet shall be provided.
(c) Setbacks. The minimum front yard setback shall be ten (10)
feet. The minimum side and rear yard setback shall each be five (5)
feet; provided, however, that in the case of a corner lot, the setback
from all right-of-way lines shall be ten (10) feet.
(d) Each lot for which these reduced requirements apply shall be
restricted to the uses described in this section, and this restriction
shall be noted on any plat or other document describing such lot.
B. SIGN REGULATIONS *
Sec. 210. General regulations.
In any zoning district the following general regulations shall
apply as well as regulations in the statewide building code. Any sign
authorized by this chapter may contain any lawful noncommercial copy in
lieu of any other copy. In the case of on-site business signs, only
the party actually occupying the on-site business may use the signs to
express a noncommercial message.
Sec. 211. Signs permitted in all districts.
The following types of signs are exempted from all the provisions
of this ordinance, except for illumination, construction, and safety
regulations and the following standards:
41
(a) Public signs. Signs of a noncommercial nature and in the
interest of, erected by,. or on the order of, a public officer in the
performance of his public duty, such as directional signs, regulatory
signs, warning signs, and informational signs.
(b) Temporary signs. Temporary signs announcing any public,
charitable, educational or religious event of function, located entirely
within the premises of the institution and set back no less than ten
{10) feet from the property line up to a sign area of thirty-two {32)
square feet. Such signs shall be allowed no more than thirty {30) days
prior to the event or function and must be removed within seven {7)
days after the event or function. Such signs may be illuminated in
accordance with the restrictions set forth in section 213 hereof. If
building mounted, these signs shall be flat wall signs and shall not
project above the roof line. If ground mounted, .the top shall be no
more than eight (8) feet above ground level.
(c) Integral. Names of buildings, dates of erection, monumental
citations, commemorative tablets and the like when carved into stone,
concrete or similar material or made of bronze, aluminum or other
permanent type construction and made an integral part of the structure.
{d) Private traffic direction. Signs directing traffic movement
onto a premises or within a premises not exceeding four (4) square feet
in area for each sign.
(e) Political campaign signs. Signs announcing candidates seeking
public political office and other data pertinent thereto shall be
permitted up to a total area of eight (8) square feet for each premises
in a residential zone and thirty-two (32) square feet in a commercial
or industrial zone. These signs shall be confined within private
property and shall not encroach into the visibility triangle at street
intersections. These signs may be displayed sixty (60) days prior and
seven {7) days after the election for which intended. In cases where a
final election follows a primary election, those candidates who won in
the primary election may continue to display their signs during the
interim period and up to seven (7) days after the final election.
(f) Identification signs. Signs not exceeding one square foot in
area and bearing only property numbers, post box numbers, names of
occupants or premises, professional or other identification of premises
not having commercial connotations.
(g) Construction signs. One sign on each roadway frontage not
exceeding thirty-two (32) square feet in area and bearing only the
names and addresses of the project, contractors, architects, developers,
planners, financial institutions, or engineers engaged in the construc-
tion project and only during the time construction or development is
actively underway. Such signs should set back no less than ten {10)
feet from any property line.
(h) Commercial signs used for political campaign advertising.
Commercial signs may be used for political campaign advertising sixty
{60) days prior and seven (7) days after the election for which intended.
42
]
In cases where a final election follows a primary election, those
candidates who won in the primary election may continue to display
their signs during the interim period and up to seven (7) days after
the final election.
The political campaign advertisement shall encompass the entire surface
area upon which it is placed. The advertisement shall be secured to
the commercial sign in a manner acceptable to the department of permits
and inspections.
Sec. 212. Signs prohibited in all districts.
The following signs shall be prohibited in all districts:
(a) Signs which imitate an official traffic sign or signal or
which contain the words "stop," "go slow," "caution," "danger," "warning,"
or similar words, except [as] provided in section 211(d).
(b) Signs which are of a size, location, movement, content,
coloring, or manner of illumination which may be confused with or
construed as a traffic-control device or which hide from view any
traffic or street sign or signal or which obstruct the view in any
direction at a street or road intersection.
(c) Signs in any public right-of-way, except as provided in
section 211(a).
(d) Signs which advertise an activity, business, product, or
service no longer produced or conducted on the premises upon which the
sign is located. Where the owner or lessor of the premises is seeking
a new tenant, such signs may remain in place for not more than ninety
(90) days from the date of vacancy.
(e) Signs which contain or consist of pennants, ribbons, streamers,
spinners, strings of light bulbs, or other similar moving devices.
These devices, when not part of any sign, are similarly 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
43
use located on that zoning lot. Such sign, which may be illuminated,
shall not have a total surface area in excess of ten (10) 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.
(1) Signs in violation of Section 33-114.1 of this Code.
Sec. 212.1 Removal of prohibited signs in public places.
The zoning administrator shall have the authority to remove and
discard any sign determined by him to be in violation of the preceding
section and to be located upon public property. Such authority shall
be in addition to the authority conferred upon the zoning administrator
by section 103 of the Zoning Ordinance of the City of Virginia Beach or
by general law.
Sec. 213. Illumination.
{a) The light from any illuminated sign shall be so shaded,
shielded or directed that the light intensity or brightness shall not
adversely affect surrounding or facing premises nor adversely affect
safe vision of operators of vehicles moving on public or private roads,
highways, or parking areas. Light shall not shine or reflect in an
offensive manner on or into residential structures, including motels.
(b) NO exposed reflective type bulbs or incandescent lamps shall
be used-on the exterior surface of any sign in such a manner that will
cause offensive glare on adjacent property or create a traffic hazard.
(c) No sign shall have blinking, flashing or fluttering lights or
other illuminating devices which are so constructed and operated as to
constitute a public safety or traffic hazard.
Sec. 214. Sign height, setback and landscaping.
{a) No free-standing sign shall exceed twelve (12) feet in height
from ground level.
(b) No free-standing sign 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 be set
back five {5) feet from any such right-of-way. The minimum sign setback
from interstate roadways and expressways 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
44
the owner, lessee or occupant of the premises upon which such sign is
located.
Sec. 215. Nonconforming signs.
(a) 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 original 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 section, a sign shall be
considered as abandoned if no copy or advertising matter is exhibited
on the advertising faces of the sign.
(b) Notwithstanding the provisions of subsection (a) hereof, the
zoning administrator may, at his discretion and with the concurrence of
the director of permits and inspections, vary the requirements of this
ordinance pertaining to the allowed number of signs, total sign area,
individual sign area, number of free-standing signs and height of free-
standing signs in cases in which the owner of a sign or other proper
party desires to repair, replace, relocate or structurally alter an
existing nonconforming sign or combination of signs and such repair,
replacement, relocation or structural alteration is not required, or
has not been made necessary, by reason of damage, destruction,
deterioration, disrepair or noncompliance with applicable building code
standards or any of the provisions of this ordinance; provided, however,
that the regulations set forth in subsections (c) and (d) of Section
944.1 of this ordinance shall not be so varied.
(c) Nothing in this section shall be construed to limit or othe~ise
impair the right of any proper party to apply to the Board of Zoning
Appeals for a variance from any of the sign regulations set forth in
this ordinance.
Sec. 216. Outdoor advertising structures, billboards, signboards and
poster panels.
(a) No new billboards shall be erected within the City limits,
effective immediately. All existing billboards are declared to be
nonconforming uses and structures and shall be governed by the provisions
of sections 105 and 215 of the zoning ordinance of the city of Virginia
Beach. No billboard heretofore erected shall be located, in whole or
in part, upon improved property.
(b) No billboard shall be located within five hundred (500) feet
of an interchange, or intersection at grade, on any highway, interstate
or city council designated expressway (measured along the highway,
interstate or expressway to the nearest point of the beginning or
ending of pavement widening at the exit from or entrance to the main
travel way). On all other streets no billboard shall be located within
45
two hundred (200) feet of any right-of-way of any underpass, overpass,
bridge or tunnel or a plaza serving such facility.
{c) No billboard shall be closer than fifty (50) feet to any
property line nor located closer than six hundred sixty {660} feet to
the right-of-way line of any interstate or expressway designated by
city council, nor closer than twenty-five {25) feet of the right-of-way
of any other street. However, no billboard shall be located within two
hundred {200) feet of any established residential or apartment zoning
district. No billboard shall be located upon any lot having a frontage
of less than two hundred (200) feet and an area of less than ten thousand
(10,000} square feet.
C. CONDITIONAL USES AND STRUCTURES
Sec. 220. Purpose.
The purpose of this section is to recognize certain uses which, by
their nature, can have an undue impact upon or be incompatible with
other uses of land within a given zoning district. These uses as
described may be allowed to be located within given designated districts
under the controls, limitations and regulations of a conditional use
permit. It shall be the duty of the city council under the provisions
of this article to evaluate the impact and the compatibility of each
such use, and to stipulate such conditions and restrictions including
those specifically contained herein as will assure the use being compatible
with the neighborhood in which it is located, both in terms of existing
land uses and conditions and in terms of development proposed or permitted
by right in the area; or where that cannot be accomplished, to deny the
use as not being in accordance with the adopted comprehensive plan or
as being incompatible with the surrounding neighborhood.
Sec. 221. Procedural requirements and general standards for conditional
uses.
(a) Application for conditional use permit. Any property owner,
developer, optionee, prospective occupant, lessee, governmental official,
department board or bureau may file with the planning director an
application for a conditional use permit; provided that the conditional
use sought is permitted in the particular district; and provided further
that in the case of other than the owner the application is acknowledged
by the owner of the property. The application shall be accompanied by
a plan showing the actual dimensions and shape of the lot, the exact
sizes and locations on the lot of existing buildings, if any, the
general location of proposed buildings, if any, and the existing and
proposed uses of structures and open areas; and by such additional
information relating to topography, access, and surrounding land uses.
(b) Fees. The application shall be accompanied by a fee of one
hundred twenty-five dollars ($125.00} to cover the cost of publication
of notice of public hearing and processing.
46
(c) Action by the planning director. The planning director shall
study the application and shall confer with pertinent city agencies to
determine whether the proposed conditional use conforms to the general
purpose and intent of the development plan, any applicable regulations
that have been adopted, and the requirements of this ordinance. Upon
completion of such review, if the director shall determine that any
proposal in the application does not meet the requirements of this
ordinance, he shall reject the application and return it forthwith,
with its accompanying fee, to the applicant. If the application does
meet the requirements of this ordinance, the director shall transmit
all the findings and recommendations of the city agencies to the planning
commission. However, nothing herein shall prohibit the director from
accepting a conditional use permit application if an accompanying
application is pending before any public agency, and if approval of the
accompanying application would bring the subject into conformity with
all applicable regulations. Any appeal to [from] the decision of the
planning director may be made directly to the city manager.
(d} Action by the planning commission. After receiving the
report of the director, with all pertinent related material, the planning
commission shall give notice of and hold a public hearing. Within
forty-five (45) days after the hearing, the commission shall submit its
recommendations to the city council through the planning director;
provided, however, that upon mutual agreement between the commission
and the applicant, such time may be extended.
(e) Action by city council. After receiving the recommendations
of the city agencies and the planning commission, the city council
shall hold a public hearing and act upon the proposed conditional use,
granting the application in whole or in part, with or without modifica-
tions, or denying it. In addition to the general or specific require-
ments set forth in this ordinance concerning the proposed use, which
shall be considered minimum requirements with respect to the permit,
additional requirements, conditions and safeguards may be added by the
city council as required for the protection of public interest in the
specific case.
(f) Rehearing the conditional use permit. Where city council
finds that there is public benefit to be gained by modifying a condi-
tional use permit under consideration, and that significant public
inconvenience would not result from consideration within one year of
the modified request, it may allow withdrawal of an application for a
conditional use permit during public hearing; however, if the condi-
tional use permit is denied by the city council, substantially the same
application shall not be filed within one year of denial.
(g) Unless otherwise provided when a conditional use permit is
issued, the applicant must show and bear evidence in good faith of his
intention to proceed with the construction and use of the land. Construc-
tion shall begin or the use of the land for which a conditional use
permit has been obtained shall commence within twelve (12) months from
the date of issuance of said permit; otherwise, said permit shall be
void. Prior to the ending of the twelve (12) month period, upon written
request by the applicant to the Planning Director, the Planning Director,
47
if he finds that the conditional use permit is still in compliance with
all applicable ordinances and policies, shall extend the use permit for
an additional six (6) months. If the use permit has still not been
activated at the end of that period, then upon written request by the
applicant to the Planning Director, the Planning Director, if he finds
that the conditional use permit is still in compliance with all applicable
ordinances and policies, shall extend the use permit for an additional
three {3) months. All conditional use permits not acted upon as set
forth above shall become void twenty-one (21) months from date of
issuance. Once the conditional use permit is activated by commencement
of construction or use, then the general and specific conditions attached
to the conditional use permit shall constitute additional zoning
regulations and requirements for the site which to the extent of any
conflict shall supersede the zoning district regulation. Notwithstanding
anything in the zoning district regulations to the contrary, no use
other than those set forth in the conditional use permit and those uses
accessory thereto shall be allowed on the site until {1) the conditional
use is removed in its entirety from the site or (2) City Council adopts
an ordinance allowing modifications to the conditions or terminating
the conditional use permit in whole or in part. Whenever construction
or use in conjunction with a conditional use permit is abandoned or is
not carried to completion with due diligence, the City Council may by
ordinance revoke the conditional use permit, in which case any further
use or construction on the site shall be in conformance with the provisions
of this ordinance effective at the time the further use or construction
is initiated. Construction or use shall be deemed to have been initiated
when any part of the structure, including foundation, has been put in
place.
(h) If the provisions of this ordinance or the requirements of
the conditional use permit are not met, then city council may revoke
the conditional use permit provided that ten (10) days written notice
is given to the applicant and a public hearing is held.
(i) Compliance with requirements. No conditional use permit
shall be issued except upon a finding by the city council that the
proposed use conforms to the requirements set forth in this ordinance
and that the proposed conditional use, together with the conditions
attached, will be compatible with the neighborhood in which it is to be
located, both in terms of existing land uses and conditions and in
terms of proposed land uses and uses permitted by right in the area.
Among matters to be considered in this connection are traffic flow and
control; access to and circulation within the property; off-street
parking and loading; refuse and service areas; utilities; screening and
buffering; signs, yards and other open spaces; height, bulk and location
of structures; location of proposed open space uses; hours and manner of
operation; and noise, light, dust, odor, fumes and vibrations.
(j) Conformity with adopted plans. The proposed conditional use
shall be in accord with the purposes of the comprehensive plan and all
the zoning regulations and other applicable regulations.
]
48
(k) Administrative renewal of use permits. All use permits
unless otherwise provided in specific instances by the city council,
which are subject to time limitations may be reviewed and extended for
like periods of time, after a determination by the director of planning
that the continuation of the use permit would not be detrimental to the
public health, safety, and welfare and that to continue the activity
under the use permit would not cause public inconvenience, annoyance,
disturbance or have an undue impact on the community or be incompatible
with other uses of land in the particular zoning district. Among the
matters to be considered in this connection based in part upon a physical
site review are traffic flow and control; access to and circulation
within the property; off-street parking and loading; refuse and service
areas; utilities; screening and buffering; signs, yards and other open
spaces; height, bulk and location of structures; location of proposed open
space uses; hours and manner of operation; and noise, light, dust,
odor, fumes and vibrations.
Any person aggrieved by the decision of the director of planning
may, upon his request within thirty (30) days of the decision, with
respect to the issue of approval or conditions attached to approval,
have the matter reviewed by the planning commission and the city council
after following the procedure set forth in 221(a) of the zoning ordinance.
This shall not be construed to limit the rights of any aggrieved person
under section 221(h) of this ordinance.
Sec. 222. Specific standards for certain conditional uses.
In addition to the general standards listed above, the following
conditional uses shall comply with the respective specific standards
set forth.
Sec. 223. Animal hospitals, pounds, shelters, commercial and residential
kennels.
Except where animals are kept in soundproof air conditioned buildings,
no structure or area occupied by such animals, whether in animal hospitals,
pounds, shelters, commercial or residential kennels, shall be within
one hundred (100) feet of the property line of any adjacent lot. At
least one off-street parking space per four hundred (400) square feet
of floor area shall be provided. However, in residential kennels, this
off-street parking requirement shall not apply but shall be as specified
in the conditional use permit.
Sec. 224. Automobile repair garages.
In addition to general requirements, the following special
requirements and limitations shall apply to automobile repair garages
in districts in which they area generally permitted:
(a) Fencing. The automobile repair garage shall be completely
enclosed, except for necessary openings for ingress and egress, by a
fence not less than six (6) feet in height, except where prohibited by
Section 201(e)1, and category VI landscaping.
49
(b) Lighting. All outdoor lights shall be shielded to direct light
and glare onto the premises, said lighting and glare shall be deflected,
shaded, and focused away from all adjoining property. Any outdoor
lighting fixtures shall not be erected ant higher than fourteen (14)
feet.
(c) Storage and work areas. All storage of parts and repair work
are to conducted within the automobile repair garage structure. There
shall be no outside storage of parts or outside repair permitted.
Sec. 225. Automobile service stations.
In addition to general requirements, the following special
requirements and limitations shall apply to automobile service stations
in districts in which they area generally permitted:
(a) Minimum lot and yard requirements. The minimum lot size
shall be twenty thousand (20,000) square feet with a minimum lot width
of one hundred fifty (150) feet. When operated in conjunction with a
grocery store or carry-out food store, restaurants or similar eating
places, or similar uses, the minimum lot size shall be thirty thousand
(30,000) square feet. When operated in conjunction with a car wash and
a grocery store or carry-out food store, restaurants or similar eating
places, or similar uses, the minimum lot size shall be forty thousand
(40,000) square feet. No gasoline service islands shall be located
closer than fifteen (15) feet to any adjoining right-of-way nor closer
than fifty-five (55) feet to any other building on the lot.
However, no automobile service station shall be operated in conjunction
with a grocery store or carry-out food store, restaurant or similar
eating places, or similar uses, unless such use is conducted in a free-
standing building with two {2) public restrooms provided and provided
that gasoline pumps are protected from traffic circulation by walls,
posts, or other similar barriers.
(b) Off-street parking. Two (2) off-street parking spaces shall
be provided for each service bay plus three (3) additional spaces for
employee parking. The following uses shall comply with the off-street
parking requirements designated below:
(1) Grocery stores and carry-out food stores: at least one space
per two hundred {200) square feet of floor area.
(2)
Restaurants or similar eating places and accessory uses other
than drive-in eating and drinking establishments: at least
one space per seventy-five {75} square feet of floor area.
(c) Fencing and screening. Category VI screening shall be erected
along all property lines separating the site from any residential,
apartment or office district except where required front yards adjoin
required front yards of another district. A solid fence or masonry
wall five (5) feet in height shall be erected to enclose any trash area
5O
or outside storage yard which would otherwise be visible from any such
districts or from any public street.
(d) The rental of non-motorized utility cargo trailers is
permissible in connection with automobile service stations provided
that not more than eight (8) such trailers shall be permitted outdoors
on the lot at any one time. Parking areas for utility trailers permitted
as above shall be located in portions of the lot where off-street
parking is generally permitted; provided, however, that no such parking
area for utility trailers shall occupy portions of the lot set aside
for required off-street parking, or any other area designed for use by
cars awaiting servicing. Under no circumstances shall any such parking
be located in any way which interferes with normal traffic flow onto,
within, or from the lot, or which creates dangerous impediments to
traffic visibility. No such parking shall be permitted closer to any
street than the setback line established for principal structures.
Space for such parking shall be marked by clearly visible boundaries,
and no such unit shall be parked outdoors other than within such boundaries
except when being served.
Sec. 226. Bicycle and moped rental establishments.
Where a conditional use permit is issued for the operation of a
bicycle or moped rental establishment, not more than forty (40) bicycles
or mopeds per zoning lot shall be permitted. A barrier shall be provided
consisting of a canvas screen with grommets laced with suitable line
secured to rust-resistant pipe and stanchion, anchored to a weighted
base, or properly secured in ground. Such screen will be thirty-six
(36) inches in height and capable of delineating the limits of the
property for the duration of the use permit. It shall have an access
opening not more than five (5) feet wide on either side of the enclosure
not facing the ocean. Only one non-illuminating sign in connection with
the establishment may be allowed; provided, however, that the surface
shall not exceed four {4) square feet, and further be a permanent part
of the portion of canvas screen which is oriented towards the beach.
Sec. 227. Borrow pits.
{a) Application. Each application for a use permit for a borrow
pit shall include the following information in addition to the general
information required by this ordinance:
(1) A boundary survey of the subject property, together with
proposed location of the limits of excavation;
the
(2) The means of vehicular access to the proposed excavation;
(3) The number of cubic yards to be excavated;
(4) The areas proposed for the storage of overburden and other spoil
during the process of excavating;
51
(6)
(7)
(8)
(9)
(1)
(z)
(3)
(4)
(6)
The proposed date on which excavating will commence, the proposed
date on which the excavation will be completed and the proposed
date that all required restoration measures are to be completed;
The location of all haul roads leading to public streets and
highways within the area, and the location of all service roads on
site;
A statement listing the public streets and highways to be used as
haul routes;
A plan showing the proposed use of the property once excavation has
be completed, including the location of proposed lots, streets,
structures, and other features.
A plan for filling of the borrow pit, if this is intended, once
excavation has been completed. No filling of the borrow pit will
be allowed unless plans for the filling have been approved by city
council as a part of or as an amendment to the use permit applica-
tion, and until the city engineer has issued a fill permit for such
activity.
(b) Special requirements:
Undrained pockets and stagnant pools resulting fr~n surface drainage
shall be sprayed in accordance with requirements of the state
board of health to eliminate breeding place for mosquitoes and
other insects.
Off-street parking areas adequate for all employees' vehicles and
trucks shall be provided.
The edge of the area to be excavated shall be located at least one
hundred {100} feet from all exterior property lines. The setback
area shall not be used for any purpose during the period of
excavation, including overburden and spoil storage, except the
setback area may be used for access roads. Exterior limits of all
work shall be monumented with iron markers no less than five (5)
feet above surface of the earth.
Access roads. Access roads to any excavation where hauling is
being conducted shall be maintained in a dust-free manner. All
access roads shall be constructed so as to intersect as nearly as
possible at right angles with public street and highways and no
access road shall intersect any public road at any angle of less
than sixty {60) degrees.
Operating hours. Operating hours of excavation shall be restricted
to between 7:00 a.m. and 7:00 p.m. No Sunday operations shall be
permitted.
Construction of buildings. All buildings used for the production
and processing of excavated material shall be constructed and
maintained as required by the building code of the city.
52
(7)
Roadside landscape. Existing trees and ground cover along public
street frontage shall be preserved and maintained, and replaced
during the period of excavation if the appropriate city authorities
deem is necessary.
(8)
Excavation permit. No excavation on the site shall commence until
an excavation permit has been received from the department of
public works, and all requirements of chapter 30 of the City Code
have been complied with.
(c) Factors relating to approval. Before issuing any use permit
for the excavation or fill of a borrow pit, the city council shall give
due consideration to the following factors:
(1) Effect of the proposal upon groundwater supply and drainage in the
area;
{2) Effect of the proposal upon the city streets of the area, including
but not limited to the factor of traffic safety;
(3) Impact from noise, dust, odor or other nuisance, upon surrounding
properties;
(4} Effect of the proposal as a potential health or safety hazard.
Sec. 228 Bulk storage, auto storage and contractor storage yards.
In addition to general requirements, the following special
requirements and limitations shall apply to bulk storage, auto storage
and contractor storage yards in districts in which they area generally
permitted:
(a) Fencing. The storage yard shall be completely enclosed,
except for necessary openings for ingress and egress, by a fence not
less than six (6) feet in height, except where prohibited by Section
201(e)1, and category VI landscaping.
(b) Lighting. All outdoor lights shall be shielded to direct light
and glare onto the premises, said lighting and glare shall be deflected,
shaded, and focused away from all adjoining property. Any outdoor
lighting fixtures shall not be erected ant higher than fourteen {14)
feet.
Sec. 229. Cemeteries, columbariums, crematories, mausoleums.
With respect to cemeteries, columbariums, crematories and maus-
oleums, certificates of approval shall be required from the state
department of health as to conformity with its regulations, and, in
cases where bodies are to be interred, from the health department,
indicating that there is no danger of contamination of water supply.
53
Sec. 230. Churches.
In addition to general requirements,
requirements and limitations shall apply to
which they area generally permitted:
the following special
churches in districts in
(a) Minimum lot area. The minimum lot area for churches shall be
three (3) acres.
(b) Off-street parking. At least one space per five (5) seats or
bench seating spaces in the main auditorium.
Sec. 231. Collection depots for recyclable materials.
Where a conditional use permit is issued for a collection depot
for recyclable materials, all materials to be recycled shall be stored
within a fully enclosed building. Operation of the collection depot
shall be restricted to the collection or redemption of recyclable
materials. Collected materials may be packaged for shipment and
temporarily stored until transported to a separate processing facility.
Operation of the collection depot shall not include the on-site processing
of recyclable materials.
Sec. 232. Communication Towers.
(A) Application. Each application for a conditional use permit
for a communication tower shall include the following information in
addition to the general information required by this ordinance:
(1)
Site plan or plan drawn to scale specifying the location
of tower(s), guy anchors (if any), transmission building
and other accessory uses, parking, access, landscaped
areas {specifying size, spacing and plant materials
proposed), fences, and adjacent land uses. The
Administrator of Landscape Services shall review and
approve the landscaped areas shown on the site plan.
(2)
Report from a registered structural or civil engineer
indicating tower height and design~ structure, installation,
and total anticipated capacity of structure (including
number and types of antennas which could be accommodated).
This data shall satisfactorily demonstrate that the
proposed tower conforms to all structural requirements
of the Uniform Statewide Building Code.
(3)
Statement from a registered engineer that the NIER
(non-ionizing electromagnetic radiation) emitted therefrom
does not result in a ground level exposure at any point
outside such facility which exceeds the lowest applicable
exposure standards established by any regulatory agency
of the U. S. Government or the American National Standards
Institute.
54
(4)
Satisfactory evidence from the applicant of the lack of
space on suitable existing towers, buildings, or other
structures to locate the proposed antenna and the lack
of space on existing tower sites to construct a tower
for the proposed antenna within the service area shall
be considered in the review of the conditional use
permit application for a new tower.
(B) Special Requirements.
(1)
(2)
The minimum setback requirement from the base of the
tower to any property line abutting a residential use or
district shall be equal to one hundred and ten (110)
percent of the height of the tower.
The minimum setback requirement from the base of the
tower to any property line abutting a right-of-way of
any street, office use or district, or park use shall be
at least fifty (50) feet unless a greater setback is
specified due to other circumstances as a condition of
approval.
(3)
For property lines not abutting the above uses or districts,
the minimum setback requirement shall be at least
twenty-five (25) feet unless a greater setback is specified
due to other circumstances as a condition of approval.
(4)
More than one tower on a site shall be permitted, providing
that all setback, design, and landscape requirements are
met.
(5)
(6)
Towers two hundred (200) feet or less in height shall
have a galvanized finish or be painted silver.
Towers more than two hundred (200) feet in height shall
be painted in accordance with regulations by Federal
Communications Commission.
(7)
Towers shall be illuminated
Communications Commission.
be incorporated if not
Communications Commission.
as required by the Federal
However, no lighting shall
required by the Federal
(8) Landscaping shall be required as follows:
(i)
For towers two hundred (200) feet or less in height,
at least one (1) row of evergreen shrubs capable of
forming a continuous hedge at least five (5) feet
in height shall with individual plantings spaced not
more than five (5) feet apart and at least one (1)
row of evergreen trees with a minimum caliper of
one and three-fourths (1 3/4) inches at time of
planting and spaced not more than twenty five (25)
55
(9)
feet apart shall provided within fifteen (15) feet
of the perimeter of the setback area required by
items {1), (2) or {3) above.
(ii} For towers more than two hundred {200) feet in height,
in addition to the requirements for landscaping in
8{i) above, one row of deciduous trees, with a minimum
caliper of two and one-half (2 1/2) inches at time
of planting and spaced not more than forty (40}
feet apart shall provided within twenty-five {25}
feet of the perimeter of the setback area required
by items (1), (2) or (3) above.
(iii) In lieu of the above requirements, the applicant may
prepare a detailed plan and specifications for
landscape and screening, including plantings,
fences, walls, topography, etc. to screen towers
and accessory uses. The plan shall accomplish the
same degree of screening achieved in 8{i) or 8{ii)
and shall be determined by the Administrator of
Landscape Services that the public interest will be
equally served.
(iv) All required landscaping shall be installed according
to established planting procedures using good quality
plant materials.
(v) Where landscaping is required, no certificate of
occupancy shall be issued until the required
landscaping is completed in accordance with the
approved landscape plan as certified by an on-site
inspection by the Administrator of Landscape Services.
When the occupancy of a structure is desired prior
to the completion of the required landscaping, a
certificate of occupancy may be issued only if the
owner or developer provides to the City a form of
surety satisfactory to the City Attorney in an
amount equal to the remaining plant materials,
related materials, and installation costs (with the
costs agreed to by the Administrator).
(vi) All required landscaping must be install.ed and approved
by the first planting season following issuance of
Certificate of Occupancy or bond will be forfeited
to the City.
(vii) The owners and their agents shall be responsible for
providing, protecting, and maintaining all landscaping
in healthy and growing conditions, replacing unhealthy
or dead plant materials within one {1) year or by
the next planting season, whichever comes first.
Replacement material shall conform to the original
intent of the landscape plan.
All communication towers shall be subject to periodic
reinspection by the Department of Permits and Inspections.
If any additions, changes, or modifications, are to be made
to the tower, the Chief Building Official shall have the
authority to require proof, through the submission of
engineering and structural data, that the addition,
56
(10)
(11)
change, or modification conforms to structural wind load
and all other requirements of the Uniform Statewide
Building Code.
Where regulations and requirements of this ordinance
conflict with those of the Federal Communications
Commission, the latter shall govern.
No commercial advertising material shall be allowed on the
communication tower. Communication towers containing
advertising material shall be considered a sign.
Sec. 233. Drive-in theatres.
(a} Minimum area of a drive-in theatre site shall be ten (10)
acres.
(b) Relation to major streets; entrances and exits. The site
shall be adjacent to a major street, and entrances and exits shall be
from the major street; provided, however, that where adjacent minor
streets can be used for access to the major streets can be used for
access to the major street, this arrangement may be permitted, except
in residential districts.
(c) Waiting areas. Off-street parking or storage lanes for
waiting patrons shall be available to accommodate not less than thirty
(30) percent of the vehicular capacity of the theatre; provided that,
if at least four (4) entrance lanes, each with a ticket dispenser, are
provided, then the amount may be reduced to ten (10) percent of the
vehicular capacity.
Sec. 234. Home occupations.
In districts where they are generally permitted, an occupation may
be conducted in a dwelling unit, provided that:
(a) Not more than twenty (20) percent of the floor area of the
dwelling unit and accessory structures shall be used in the conduct of
the activity. Provided, however, this limitation shall not have
application to Family Day-Care Homes.
(b) No traffic, including traffic by commercial delivery vehicles,
shall be generated by such activity in greater volumes than would
normally be expected in the neighborhood, and any need for parking
generated by the conduct of such activity shall be met off the street
and other than in a required front yard.
(c) No more than one identification sign shall be permitted, which
shall not exceed one square foot in area, shall be nonilluminated, and
shall be mounted flat against the wall of the residence.
(d) No use shall create noise, dust, vibration, smell, smoke,
glare, electrical interference, fire hazard, or any other hazard or
nuisance to any greater or more frequent extent than would normally be
57
expected in the neighborhood under normal circumstances wherein no home
occupation exists.
(e) The following uses are specifically excluded: Convalescent or
nursing homes, tourist homes, massage parlors, radio or television
repair shops, auto repair shops, or similar establishments.
Sec. 235. Housing for the aged, disabled and handicapped.
Housing for the aged, disabled and handicapped shall be subject to
the following conditions:
(a) Fire standards. The fire chief of the City of Virginia Beach
shall review each application and make appropriate recommendations for
fire protection requirements which may be more stringent than those
specified by the Uniform Statewide Building Code. These recommendations
may be made conditions of the conditional use permit by city council.
{b) Location and density criteria. The density of the project
shall be determined by the city council upon consideration of:
(1) The location of the project,
(2) The adequacy of public facilities and services to meet the
proposed needs of the project, and
(3}- The compatibility of the project with the surrounding
neighborhood.
(c) Parking requirements. There shall be one parking space
provided for each dwelling unit. However, this requirement may be
modified by the city council when it is found that special conditions
warrant such a modification.
Sec. 236. Marinas, non-commercial and community boat docks.
(a) Location and site requirements. Non-commercial marinas and
community boat docks shall be so located as to be accessible from major
roads without creating traffic congestion on minor streets through
residential, apartment or hotel districts.
(b) Operational and site planning requirements.
(1)
Launching ramps, clubhouses, and parking areas on land which
are to be open for use between the hours of 10:00 p.m. and
7:00 a.m. shall be at least three hundred {300) feet from the
nearest lot line of any lot on which a residence is permissible.
If any such areas or functions are not open between the hours
indicated, the distance may be reduced to one hundred fifty
(150) feet or if parking areas are enclosed by a solid masonry
wall at least six (6) feet in height, the distance may be
reduced to one hundred fifty {150) feet.
(2)
A minimum of one off-street parking space per boat slip shall
be required, provided that where launching ramps adjoin the
parking area, the parking spaces all have a minimum dimension
of twelve (12) feet by forty (40) feet.
58
_]
(3)
A security and maintenance plan is required at time of
application. This plan shall address ownership of the facility,
individuals or group responsible for maintenance, the methods
proposed for limiting access to owners, members or their
guests, to all docks, piers, launching ramps and parking
areas and methods proposed for limiting hours of operation if
required by item (1) above.
Sec. 237. Mini-warehouses
In addition to general requirements, the following special
requirements and limitations shall apply to mini-warehouses in districts
in which they area generally permitted:
(a) Lighting. All outdoor lights shall be shielded to direct
light and glare onto the mini-warehouse premises, said lighting and
glare shall be deflected, shaded, and focused away from all adjoining
property. Any outdoor lighting fixtures shall not be erected any
higher than fourteen {14) feet.
(b) Fencing. The mini-warehouse facility shall be completely
enclosed, except for necessary openings for ingress and egress, by a
fence or wall not less than six (6) feet in height, except where prohibited
by Section 201(e)1 of this ordinance, and category VI landscaping.
Sec. 238. Mobile homes.
(I) Mobile home parks shall be subject to the following condi-
tions:
(a) Minimum allowances. In districts where allowable, minimum
area for a mobile home park shall be twenty-five (25) acres. Streets,
other than alleys and service entrances used for general vehicular
entrances, and exists shall be sixty (60) feet; for portions containing
lots for buildings generally open to occupants, minimum front yard
dimension shall be two hundred (200) feet. Minimum number of lots
completed and ready for occupancy before first rentals are permitted
shall be one hundred (100).
(b) Tract. The mobile home park shall comprise a single tract
except where divided by public streets or alleys or where the total
tract includes separate parcels for necessary utility plants, mainten-
ance or storage facilities with appropriate access to the park. All
lands involved shall be so dimensioned and related as to facilitate
efficient design and management. Density shall not exceed seven (7)
units per gross acre. The following shall apply to any mobile home
park located in a flood plain including new mobile home parks and
mobile home subdivisions; expansions to existing mobile home parks and
mobile home subdivisions; and existing mobile home parks and mobile
home subdivisions where the repair, reconstruction or improvements of
the streets, utilities and pads equals or exceeds fifty (50) percent of
the value of the streets, utilities and pads before the repair,
reconstruction or improvement has commenced:
59
(1) Stands or lots hall be elevated on compacted fill or pilings
so that the lowest floor of the mobile home will be at or
above the base flood level;
(2) Adequate surface drainage and access for a hauler shall be
provided; and
{3) In the instance of elevation on pilings, lots shall be large
enough to permit steps, piling foundations shall be in stable
soil no more than ten {10) feet apart, and reinforcement
shall be provided for pilings more than six {6) feet above
the ground level.
(c) Permitted principal uses and structures are as follows:
(1) One-family detached mobile homes;
(2) Parks, playgrounds, community centers, and noncommercial
recreational facilities, such as golf courses, shuffleboard
courts, swimming pools, tennis courts, marinas, game rooms,
libraries, and the like;
(3) Structures and uses required for operation of a public utility,
performance of a government function, or performance of any
function necessary for the construction, operation or maintenance
of the mobile home park.
(d) Permitted accessory uses and structures. Uses an structures
which are customarily accessory and clearly incidental and subordinate
to permitted principal uses and structures, including approved storage
facilities.
(e) Permissible uses and structures. In addition to principal and
accessory use and structures permitted by right, as indicated above,
facilities planned for development as part of the district and serving
needs not otherwise served in the general area may be permitted by city
council as part of the MH-Park provided:
(1) That such facilities include only service, commercial and
office uses intended primarily to serve the needs of persons
in the MH-Park;
(2) Are of a nature permitted in the B-1 Business Residential
District and conform to the requirements of that district for
such uses;
(3) Are designed and located to protect the character of the
district and surrounding residential districts;
{4) Shall occupy in total not more than five {5) percent of the
land area of the district.
(f) No sales lots for mobile homes or other moveable dwellings or
component modulars shall be permitted in any such district.
(g) Off-street parking requirements. At least two (2) off-street
parking spaces shall be provided for each dwelling unit. Such spaces
need not be located on lots occupied by such dwelling units, but at
least one such space shall be reserved for and shall be located within
6O
one hundred (100) feet of the entrance of the dwelling unit by normal
pedestrian routes.
(h) Recreational facilities. Not less than ten (10) percent of
the total area of any mobile home park established under these regula-
tions shall be devoted to common recreational areas and facilities,
such as playgrounds, swimming pools and community buildings. Where
only one recreational area is provided, it shall be in a central location
conveniently accessible to all dwellings. In larger parks, decentralized
facilities may be provided. No central recreation area shall be credited
toward meeting these requirements unless it contains at least thirty
thousand (30,000) square feet. Recreational area shall be so located,
designed and proved as to minimize traffic hazards to users and adverse
effects on surrounding residential uses.
(II) Shelter for farm employees shall be subject to the following
conditions:
(a) They shall be located on land otherwise used for agricultural
purposes.
(b) They shall not exceed ten (10) per farming business, even if
all parcels of land involved in such business are not contiguous.
(c) They shall be allowed only with farming business involving at
least one hundred (100) contiguous acres under the same ownership.
(d) They shall be removed from the land at such time as the
farming business ceases to comply with the conditions set forth herein.
(e) No such unit, excluding the first unit, shall be located
closer than five hundred (500) feet from a public street.
(f) There shall be at least twenty (20) feet distance between each
unit.
(g) Quarterly inspections shall be conducted by appropriate city
inspections agencies pertaining to minimum housing, health, zoning and
fire. Each unit shall be on an individual site of at least one acre in
area and at least one hundred fifty (150) feet in width. Determination
of dimensions shall be in accordance with section 200 of this ordinance.
(h) The property owner shall submit an affidavit to the department
of planning within the fist ten (10) days of each calendar year assuring
that the residents of each shelter for farm employees on his property
are bona fide farm employees and their families.
Sec. 239. Motor vehicle sales and rental.
In addition to general requirements, the following special
requirements and limitations shall apply to motor vehicle sales and
rentals in districts in which they are generally permitted:
61
(a) The minimum lot size shall be twenty thousand (20,000) square
feet.
(b) No motor vehicle shall be displayed for sale or rental within
the first five (5) feet of any front yard or side yard abutting the
right-of-way line of a street to be measured from the property line to
any displayed motor vehicle on the premises.
'(c) All lighting shall be directly toward the interior of the site
and away from adjoining properties.
(d) Where such establishment abuts a residential or apartment
zoning district, there shall be a six-foot solid privacy fence, or
other suitable buffering as required as a condition of the use permit,
installed along the property line.
Sec. 240. Recreational campgrounds.
Recreational campgrounds shall be subject to the following conditions:
(a) Physical character of site. Condition of soil,' groundwater
level, drainage and topography shall not create hazards to the property
or the health or safety of the occupants. The site shall not be exposed
to objectionable smoke, noise, odors, or other adverse influences, and
no portion subject to unpredictable and/or sudden flooding, sub-sidence
or erosion shall be used for any purpose which would expose persons or
property to hazards.
(b) Location and access. No recreational campground shall be
created in any location unless it is served by roads so located and
improved as to assure safe access during periods of operation.
(c) Permitted principal uses and structures are as follows:
(1) Uses of transportable recreational housing, other than for
permanent occupancy as dwelling units, except as specified in
subsection {d), provided that storage of unoccupied units not
in a condition for safe occupancy and sale of units shall be
prohibited. It shall be the responsibility of the recreational
campground operator to enforce the provisions of this
subdivision.
(2) Structures and uses required for the operation, maintenance
and management of the recreational campground.
{d) Permitted accessory uses and structures. Includes uses and
structures customarily accessory and clearly incidental and subordinate
to permitted uses and structures, including permanent mobile homes with
a maximum of one mobile home per one hundred fifty {150) recreational
campground spaces, not to exceed five (5) mobile homes, for the specific
purpose of occupancy of employees operating and maintaining the
recreational campground.
]
]
62
(e) Permissible uses and structures. In addition to principal and
accessory uses and structures permitted by right, facilities planned
for development as part of the district and promoting the comfort,
convenience or enjoyment of campers within the district may be permitted
by the governing body subject to limitations and requirements stated
below in particular, and to such additional conditions and safeguards
as may be established by the governing body as appropriate to the
circumstances of the particular district and its relation to surrounding
property. Such facilities include the following:
(1) Recreational campground convenience establishments.
Establishments for the sale or rental of supplies or for
provision of services, for satisfaction of daily or frequent
needs of campers, within the district may be permitted. Such
estab-lishments include those providing groceries, ice,
sundries, bait, fishing equipment, self-service laundry equipment
and the like but not sale of gasoline to automobiles. Such
establishments shall be designed to serve only the needs of
campers within the campground, but shall not, including their
parking areas, occupy more than two (2) percent of the area
of the campground and shall not be so located as to attract
patronage from outside the grounds, nor to have adverse
effects on surrounding land uses.
(2) Marinas, launching ramps. Marinas, launching ramps and the
like may be permitted when appropriate to the character and
location of the campground, provided that such installations
shall not provide facilities for long term storage of boats
other than those rented in connection with the campground
operation, or for major repair or overhaul of boats.
Requirements and restrictions applied in particular cases may
include limitations on hours and manner of operation,
requirements for appropriate parking space for boat trailers,
and the like.
(f) Minimum dimensional requirements:
(1) Minimum area for creation of a recreational campground shall
be twenty-five (25) acres. At the opening of any recreational
campground for occupancy by units, all required facilities
and improvements shall have been completed, and the minimum
number of spaces available and ready for occupancy shall be
fifty (50). Maximum density in recreational campgrounds
shall not exceed twelve (12) spaces per acre. Signs shall be
as allowed in the district where the use is first permitted
as a conditional use.
(2) Recreation area. Not less than eight (8) percent of the area
of the recreational campground shall be devoted to recreation
area. Such recreation area may include space for common
walkways and related landscaping in block interiors provided
that such common open space is at least twenty (20) feet in
width, as passive recreation space, but shall include at
least half of the total required recreational area in facilities
for active recreation, such as swimming pools or beaches,
ballfields, shuffleboard courts, play lots for small children
63
and the like, of a nature so designed to serve the type of
campers anticipated and so located as to be readily available
from all spaces and free from traffic hazards.
Sec. 241. Riding academies; horses for hire or boarding.
Where a conditional use permit is issued for the operation of a
riding academy, horses for hire or boarding, not more than three (3)
riding animals shall be kept for each acre of land within the site.
All buildings housing animals, and all corrals in which animals are
kept or assembled in concentrated groups, shall be at least one 'hundred
(100) feet from any property line.
Sec. 242. Storage or processing of salvage, scrap or junk.
Facilities for the storage or processing of salvage, scrap or junk
shall be subject to the following conditions: A solid fence or wall
not less than five (5} nor more than six {6) feet in height and category
VI landscaping. Category VII landscaping may also be required as
appropriate to enclose storage areas from view by street or neighboring
property.
]
E. OPEN SPACE PRO~4OTION OPTION
Sec. 250. Legislative intent.
The intent of this development option is to encourage the preserva-
tion of environmental amenities as well as to provide for a more efficient
use of land and public and private facilities by allowing under appropriate
circumstances a more flexible means of residential development than is
otherwise permissible under lot-by-lot restrictions. In view of these
advantages, it is the intent of this option to promote the preservation
of open space through lot size reductions without density variation.
Sec. 251. Procedural requirements.
(a). Initiation. Any property owner may file with the planning
director an application for an open space promotion project. The
application shall be accompanied by a plan showing:
(1) Current zoning(s) of the tract involved.
(2) Location and dimensions of the tract.
(3) The general size and location of existing and proposed
structures.
(4) The existing and proposed use of structures and open spaces.
(5} The calculated size and location of proposed lots and open
spaces and all other calculations related to these.
64
(6) A general pedestrian and vehicular traffic circulation plan.
(7) Information relating to topography, access, significant
environmental features, and surrounding zoning and land use
features.
(8) A plan for the maintenance of the open spaces.
The planning director shall study the application and shall confer
with pertinent city agencies to determine whether the proposal conforms
to the general purpose and intent of the open space promotion option,
any applicable regulations that have been adopted, and the requirements
of this ordinance. Upon completion of such review, if the director
shall determine that any proposal in the application does not meet the
requirements of this ordinance, he shall reject the application and
return it forthwith, with its accompanying fee, to the applicant. If
the application does meet the requirements of this ordinance, the
director shall transmit all the findings and recommendations of the
city agencies to the planning commission.
(b) All fees, action by the planning commission, action by city
council, and rehearing requirements shall be as in the case of a
conditional use permit application.
(c) Compliance with requirements. No application approval shall
be granted except upon a finding by the city council that the proposal
conforms to the requirements set forth in this ordinance and that the
proposal will have no more adverse effect on the health, safety or
comfort of persons living or working in the area, and will be no more
injurious, economically or otherwise, to property or improvements in the
surrounding area than would any proposal generally permitted in the
district. Among matters to be considered in this connection are traffic
flow and control; access to and circulation within the property; refuse
and service areas; utilities; screening and buffering; yards and other
open spaces; location of structures; location of proposed open spaces
and recreational uses; relationship to surrounding property; and method
of open space maintenance and other appropriate matters.
{d} Effect of approval. The plan as approved together with the
conditions and restrictions imposed by city council and the provisions
of this article shall constitute the zoning requirements of the tract.
The approved plan shall also include the location and nature of
recreational uses and facilities of the open space. No use or facility
shall be allowed on the open space except those of a recreational
nature. The owner may, at any time, however, develop the tract as a
whole by utilizing the underlying zoning district requirements.
(e) If the provisions of this ordinance or the conditions or
restrictions imposed by city council as part of the plan approval are
not met, then city council may revoke the approval, provided that ten
(10) days' written notice is given to the applicant and a public hearing
is held.
65
Sec. 252. Changes in approved plans.
Changes in approved plans may be permitted by the planning director
upon application by the owner, but only upon a finding that such changes
are in accord with all regulations in effect at the time the change is
requested, and the general intent and purpose of the approved plan in
effect at the time of the proposed change. Changes other than as
indicated above shall be made only by a new open space promotion
application or other amendments. Further, the minimum land area
requirements set forth hereinafter shall not apply to the area immed-
iately involved in the proposed amendment.
Sec. 253. Open space promotion requirements in general.
{a) Applicability. The open space promotion option is applicable
in the R-40 through R-7.5 residential districts only.
(b) Minimum area of development. The minimum area to be developed
under the open space promotion option shall be twenty (20) acres.
(c) Use regulations. The uses and structures permitted are
those permitted in the underlying zoning district.
{d} Height, sign and off-street parking regulations. Height, sign
and off-street parking regulations shall be the same as required in the
underlying zoning district.
{e) Open space maintenance. There shall be an assurance of
adequate provision for the maintenance of open space in each case,
whether the open space is unimproved or improved.
(1) Unimproved Open Space. If the applicant has no plan to erect
a substantial recreational structure or other improvements on
the property, he shall be required to dedicate the entire
open space to the city in order to utilize this option. In
this case, the city shall assume all responsibilities for
maintenance.
{2) Improved Open Space. If the applicant plans to erect a
recreational structure or make other improvements to the open
space which, in the opinion of city council, are sufficiently
substantial to encourage responsible property maintenance by
a homeowners association or other similar agent, then city
council may allow transfer of ownership and assumption of all
maintenance responsibilities to such agent, provided that
sufficient evidence of maintenance capability on the part of
the agent is presented to city council, and further provided
that no more than fifty (50) percent of the building permits
for the project shall be issued before the proposed recrea-
tional facilities are completed and made available for use by
the residents.
(f) No open space shall be used except in its natural state or for
community recreational-related uses. No open space shall be part of a
66
platted residential lot, floodway portion of any ~oodplain, body of water,
wetlands or be incumbered by a public or private utility easement whose
total width is greater than twenty (20) feet. No structure shall be
erected except for maintenance or recreational purposes.
F. CONIX)MINIUM DEVELOPMENT
Sec. 260. Permissibility generally.
No uses or structures shall be prohibited in any zoning district, nor
any zoning regulations applicable thereto altered in any way, solely on
the basis of their form of ownership as a condominium.
Sec. 261. Density
In any zoning district, where density of single family or duplex
development is determined by minimum lot size, the maximum allowable
density for such a condominium development shall be the same as if the
property were to be subdivided.
Sec. 262. Minimum spacing between structures.
In any condominium development consisting of single family, duplex or
attached dwellings, the minimum spacing between principal structures or
parts thereof shall be equal to twice the distance of the required side
yard in the applicable zoning district. However, if between any two
(2) principal structures of parts thereof there is a facility for
common vehicular ingress, egress, or storage, then the minimum spacing
between those principal structures or parts thereof shall be increased
by an additional fifty {50) feet.
G. LANDSCAPE SCREENING AND BUFFERING
Sec. 270. Purpose and Intent.
The purpose of this section is to set forth standards for landscaping
and screening materials, and the provision for buffer areas between
incompatible uses to minimize the harmful impacts of noise, dust,
odors, artificial light intrusion, and other objectionable impacts
created as a result of incompatible abutting uses; to promote a harmonious
interface between differing land uses, with the intent of protecting
and preserving the best visual appearance, character and economic value
of neighboring properties; to set forth guidelines for various categories
of landscape screening and buffer areas in conjunction with established
yard setbacks to soften the transition for one use of lesser intensity
that of another of higher intensity; and more importantly, to promote
efficient land development through effective site planning with attention
to landscape screening and buffering, in an effort to preserve and
promote the health, safety, and general welfare of the public within
the City.
67
Sec. 271. Applicability.
This ordinance provides within the district regulations a requirement
describing certain landscaping standards to apply where districts abut
various other districts, as specified. Where the ordinance specifies a
certain landscaping standard, that ordinance shall be met by installa-
tion and maintenance of plant and other material in accordance with the
Virginia Beach Landscape, Screening and Buffering Specifications and
Standards.
Sec. 272. Categories Of Landscape Screening Types.
(a) For purposes of this section, there shall be eight {8) categories
of screening to be employed as specified in District Regulations to satisfy
the screening and buffering requirements of proposed uses of higher
intensity to those existing of lower intensity.
{b} Existing screening materials. When a lot is to be developed
such that screening is required and where that lot abuts an existing
hedge, wall or other durable landscape barrier on an abutting property,
the existing structure of hedge may be used to satisfy the screening
requirements of this section, provided that the existing structure
meets the minimum standards set forth herein and protection against
vehicular encroachment is provided. However, the burden to provide the
necessary screening remains with the use to be screened and is a continuing
obligation which runs with the land so long as the original relationship
exists.
Sec. 273. Provisions of Acceptable Alternatives.
Any person who may be required to install screening in conjunction with
land development and who believes that by virtue of special considera-
tions of site design, topography, unique relationships to other properties
or existing natural vegetation, the application of the specific standards
are ineffective in fulfilling the requirements of this section, may
submit to the Landscape Services Administrator a specific plan for
development showing how the purposes of this section may be met by
measures other than those listed above. The Landscape Services
Administrator, after consulting with appropriate city officials, may
approve modifications to established standards so long as the effect
and intent of the established standards are achieved.
Sec. 274. Maintenance Responsibilities.
The owner and tenant, if any, of any property where screening is required
shall be jointly and severally responsible for the maintenance of all
screening materials so as to present a healthy, neat and orderly appearance
and be kept free from litter and debris. Shrubs or trees planted as a
part of any required screening which subsequently dies shall be replaced
in accordance with the minimum standards of this section. All screening
and landscape areas shall be protected from encroachment by motor
vehicles or pedestrians which could damage vegetation or reduce the
effectiveness of the screening.
68
ARTICLE 3. PRESERVATION DISTRICT
Sec. 300. Legislative intent.
It is the intent of the City of Virginia Beach to protect its
atmosphere, lands and waters from pollution, impairment or destruction
for the benefit, enjoyment and general welfare of the public.
Critical areas of special concern include parklands, wilderness
areas, open spaces, greenbelts, beach reserves, scenic areas,
wetlands, floodplains, floodways, watersheds and water supplies;
and to conserve fish and wildlife. The boundaries of these areas
of critical concern shall be identified and delineated in order to
provide a means of protecting and preserving them.
Sec. 301. Use regulations
{a) Principal and conditional uses.
The following chart lists those uses permitted within the P-!
Preservation District. Those uses and structures shall be permitted
as either principal uses indicted by a P or as conditional uses
indicated by a C. No uses or structures other than as specified
shall be permitted.
USE P-1
Borrow pit C
Cemetery, columbarium, crematory and mausoleum C
Colleges and universities, but not including
dormitories or other housing facilities C
Fish hatcheries and fish ponds P
Forests and forestry P
Game preserves P
Golf courses, private, nonilluminated, including
par 3, but not including miniature, with a
minimum area of 10 acres C
Marinas, non-commercial C
Open agricultural and horticultural uses provided
that intensive cultivation shall not be allowed P
Public parks, recreational areas, botanical and
zoological gardens, golf courses, marinas and
other public buildings and uses P
69
USE P-1
Public utility installations and substations;
provided offices, storage or maintenance
facilities shall not be permitted; and provided,
further, that utilities substations other than
individual transformers, shall be surrounded by
Category V screening, solid except for entrances
and exits; and provided also, transformer vaults
for underground utilities and the like shall
require Category I screening, solid except for
access openings P
Recreation and amusement facilities of an outdoor
nature other than those specified as principal
uses, which may be partially or temporarily
enclosed on a seasonal basis, with th~ approval
of City Council C
Recreational campgrounds C
Riding academies, horses for hire or boarding C
Storage and maintenance installations for public
utilities C
Television or other broadcasting stations and
line of sight relay devices C
Watersheds, wells, water reservoirs and water
control structures P
{b} Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures; provided that roadside stands for sale of agricultural
products shall not be permitted as accessory to agricultural uses in
this district; provided further, that in connection with golf courses,
accessory uses shall be designed and scaled to meet only the requirements
of the members, guests or users of the golf course.
Sec. 302. Dimensional Requirements
The following chart lists the requirements within the P-1
Preservation District for minimum lot area, width, yard spacing,
maximum lot coverage and height regulations.
Requirement P-1 PRESERVATION DISTRICT
(a) Minimum lot area:* 5 acres
. (b) Minimum lot width:* 200 feet
Minimum lot area and lot width requirements do not apply to
conditional uses or to public utility installations.
{c) Minimum front yard setback: 50 feet
{d} Minimum side yard setback: 50 feet
(e) Minimum rear yard setback: 50 feet
(f) Maximum lot coverage: 10 percent
7O
Dimensional Requirements, continued
Requirement P-1 PRESERVATION DISTRICT
(g) Any yard that adjoins a major street or right-of-way designated
on the official transportation plan shall be increased by 50
feet.
(h) There shall be no maximum height requirements in the P-1
Preservation District except that no building or other structure
shall exceed the height limit established by section 202(b)
regarding air navigation.
Sec. 303. Sign regulations.
Within the P-1 Preservation District only one sign, not exceeding
twelve (12) square feet in area, shall be permitted on any zoning
lot in connection with any use. No sign shall be directly illuminated
or mounted closer than ten (10) feet to the property line fronting
the street or be higher than eight (8) feet above the ground
elevation.
Sec. 304. Parking regulations.
Parking shall be required for all uses and structures permitted
in the P-1 Preservation District in accordance with section 203.
71
ARTICLE 4. AGRICULTURAL DISTRICTS
Sec. 400. Legislative intent.
The purpose of the AG-1 and AG-2 Agricultural Districts is to
protect and preserve agricultural lands for agricultural functions.
The AG-1 District is not intended to accommodate residential
development. The AG-2 District is intended to accommodate rural
residential development.
Sec. 401. Use regulations
(a) Principal and conditional uses.
The following chart lists those uses permitted within the AG-1 and
AG-2 Agricultural Districts. Those uses and structures in the respective
agricultural districts shall be permitted as either principal uses indicted
by a P or as conditional uses indicated by a C. Uses and structures
indicated by an X shall be prohibited in the respective districts. No
uses or structures other than as specified shall be permitted.
USE AG-1 AG-2
Agricultural and horticultural uses, including
orchards, vineyards,~ nurseries and the raising
and grazing of livestock and swine and the
keeping of bees P P
Airports, heliports and helistops C C
Animal hospitals, pounds, shelters, commercial
and residential kennels C C
Borrow pit C C
Cemetery, columbarium, crematory and mausoleum C C
Child care education centers in connection
with public or private elementary schools
or churches P P
Child care education centers, day nurseries,
other than those permitted as principal uses
and structures, when not operated by a public
agency C C
Churches C C
Community centers C C
Country inns C C
Drive-in theaters C C
Dwelling, single family addition P P
Dwellings, duplex C C
Dwellings, single family C P
Family care homes, foster homes or group homes C C
Fish hatcheries and fish ponds P P
J
J
J
J
72
AG-1 AG-2
P P
USE
Forests and forestry
Fraternity and sorority houses, student dorm-
itories and student centers; provided that
they be located within a one mile radius of
a college or university C C
Game preserves P P
Golf courses, including par 3 with a minimum
area of 10 acres, and miniature golf courses C C
Home occupations, including those conducted
outside the principal structures C C
Homes for the aged, disabled or handicapped,
including ~onvalescent or nursing homes C C
Hospitals and sanitariums C C
C C
Lodges for fraternal organizations
Marinas, non-commercial and community boat
docks C C
Maternity homes C C
Monasteries and convents C C
Museums and art galleries when not operated
by a public agency C C
Private schools having curriculums similar to
public schools C C
Public elementary, intermediate and high
schools, colleges and universities; day
nurseries in connection with public or
private elementary schools or churches P P
Public parks, recreational areas, botanical and
zoological gardens, golf courses, marinas and
other public buildings and uses P P
Public utility installations and substations;
provided offices, storage or maintenance
facilities shall not be permitted; and provided,
further, that utilities substations other than
individual transformers, shall be surrounded by
Category V screening, solid except for entrances
and exits; and provided also, transformer vaults
for underground utilities and the like shall
require Category I screening, solid except for
access openings P P
Public utility transformer stations and major
transmission lines and towers (50,000 volts or
more) C C
73
USE AG-1 AG-2
Recreation and amusement facilities of an outdoor
nature other than those specified as principal
uses, which may be partially or temporarily
enclosed on a seasonal basis, with the approval
of City Council C C
Recreational campgrounds C C
Retail sales of garden supplies, equipment, and
material, as a subsidiary use to a plant nursery,
provided that the sales is enclosed and limited to
a maximum floor area of five hundred (500) square
feet. C C
Riding academies, horses for hire or boarding C C
Shelter for farm employees C C
Storage and maintenance installations for public
utilities C C
Television or other broadcasting stations and
line of sight relay devices C C
Wells, water reservoirs, and water control
structures p p
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures, including but not limited to:
(1)
In connection with agricultural use, no more than one roadside
stand for sale of agricultural products produced by the
operator of the roadside stand, provided that:
(i) No such stand shall exceed five hundred (500) square
feet in floor area;
(ii) No stand shall be erected within twenty (20) feet of the
property line fronting on any street;
{iii) The operator of the stand must be the owner or operator
of the agricultural property on which the stand is located;
{iv} At least fifty {50} percent by value of the produce sold
from the stand shall have been produced on the lot or
parcel on which the stand is located.
(2)
An accessory activity operated for profit in a residential
dwelling unit where there is no change in the outside appearance
of the building or premises or any visible or audible evidence
detectable from outside the building lot, either permanently
or intermittently, of the conduct of such business except for
one nonilluminated identification sign not more than one
square foot in area mounted flat against the residence; where
no traffic is generated, including traffic by commercial delivery
vehicles, by such activity in greater volumes than would
normally be expected in the neighborhood, and any need for
parking generated by the conduct of such activity is met off
the street and other than in a required front yard; where the
74
]
]
activity is conducted on the premises which is the bona fide
residence of the principal practitioner, and no person other
than members of the immediate family occupying such dwelling
units is employed in the activity; where such activity is
conducted only in the principal structure on the lot; where
there are no sales to the general public of products or
merchandise from the home; and where the activity is specifically
designed or conducted to permit no more than one patron,
customer, or pupil to be present on the premises at any one
time. The following are specifically prohibited as accessory
activities: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
Sec. 402. Dimensional Requirements
The following chart lists the requirements within the AG-1 and AG-2
Agricultural Districts for minimum lot area, width, yard spacing,
maximum lot coverage and height regulations for single family dwellings.
(a) For single family dwellings: AGRICULTURAL DISTRICTS
AG-1 AG-2
(1) Minimum lot area: 1 acre 1 acre
(2) Minimum lot width:
(3) Minimum front yard setback:
(4) Minimum side yard setback:
(5) Minimum rear yard setback:
Maximum lot coverage:
150 feet 150 feet
50 feet 50 feet
20 feet 20 feet
20 feet 20 feet
15 percent 15 percent
feet
(6)
(7) Maximum height: 35 feet 35
(8) The setback for any yard that adjoins a major street or right-of-way
designated on the official transportation plan shall be 50 feet.
The following chart lists the requirements within the AG-1 and AG-2 Acjricult-
ural Districts for minimum lot area, width, yard spacing, maximum lot coverage
and height regulations for duplex dwellings.
(b) For duplex dwellings: AGRICULTURAL DISTRICTS
AG-1 AG-2
(1) Minimum lot area: 2 acres 2 acres
(2) Minimum lot width: 150 feet 150 feet
{3) Minimum front yard setback: 50 feet 50 feet
(4) Minimum side yard setback: 20 feet 20 feet
(5) Minimum rear yard setback: 20 feet 20 feet
(6} Maximum lot coverage: 15 percent 15 percent
(7) Maximum height: 35 feet 35 feet
{8) The setback for any yard that adjoins a major street or right-of-way
designated on the official transportation plan shall be 50 feet.
75
The following chart lists the requirements within the AG-1 and AG-2 ~ricult-
ural .Districts for minimum lot area, width, yard spacing, maximum lot coverage.
and height regulations for uses and structures other than dwellings.
(c) For uses other than dwellings: AGRICULTURAL DISTRICTS
AG-1 AG-2
(1) Minimum lot area: 3 acres 3 acres
(2) Minimum lot width: 150 feet 150 feet
{3) Minimum front yard setback: 50 feet 50 feet
(4) The setback for roadside stands for any yard adjacent to street
shall be 20 feet.
(5) Minimum side yard setback: 20 feet 20 feet
(6} Minimum rear yard setback: 20 feet 20 feet
{7) Maximum lot coverage: 15 percent 15 percent
(8) The setback for any yard that adjoins a major street or right-of-way
designated on the official transportation plan shall be 50 feet.
(9) There shall be no maximum height requirements for uses other than
dwellings in the Agricultural Districts except that no building or
other structure shall exceed the height limit established by section
202(b) regarding air navigation.
Sec.
403.
(a)
(b)
(c)
Sign regulations.
Not to exceed one identification sign not more than sixteen
(16} square feet in area for each principal entrance or
frontage of any use except churches and educational institu-
tions, for which the maximum area per sign shall not exceed
thirty-two {32) square feet.
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 one (1)such sign 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.
Agricultural products signs displayed on any farm by the
owner or operator for the purpose of identifying such farm
and advertising the products or crops thereof; provided that
no such sign shall exceed thirty-two (32} square feet in
area, that not more than one (I) such sign shall be erected
for each five hundred {500) feet of lot line at the street
right-of-way, and that such signs shall be removed promptly
following the harvest season. In no event shall such signs
be displayed for over six (6) months in any calendar year.
76
Sec. 404. Parking regulations.
Parking shall be required for all uses and structures permitted in
the AG-1 and AG-2 Agricultural Districts in accordance with section 203.
77
ARTICLE 5. RESIDENTIAL DISTRICTS
Sec. 500. Legislative intent.
The purpose of the Residential Districts is to provide areas for
residential housing types at a variety of densities, provide for harmonious
neighborhoods located so as to create compatibility and to provide for
certain other necessary and related uses within residential communities
but limited as to maintain neighborhood compatibility. The R-40, R-30
and R-20 Residential Districts provide for larger minimum lot sizes for
use in areas where lower residential densities are necessary to address
environmental and public facilities constraints as recommended by the
Comprehensive Plan. The R-15, R-lO and R-7.5 Residential Districts
provided for medium density single family residential development in
areas where these densities are recommended by the Comprehensive Plan.
The R-5D Residential Duplex District is created in recognition of the
existence of developed areas where single family and semi-detached
dwellings exist on lots averaging 5,000 square feet in area and where
duplexes exists on lots of 10,000 square feet in area. It is not the
intention to create additional R-5D Districts or to enlarge the limits
of existing R-5D Districts. The R-5R Residential Resort District is
created in recognition of the existence of developed areas where single
family and duplex dwellings exist on lots of less than 7,500 square
feet of area and where the character of the neighborhood includes both
permanent year round residents as well as seasonal residents. It is
not the intention to create additional R-5R Districts or to enlarge the
limits of existing R-5R Districts. The R-5S Residential Single Family
District is created in recognition of the existence of developed areas
where single family dwellings exist on lots with fifty and sixty foot
frontages. It is not the intention to create additional R-5S Districts
or to enlarge the limits of existing R-5S Districts. The R-2.5 Residential
Townhouse District provides for the development of residential townhouses
in areas where such development is recommended by the Comprehensive
Plan.
Sec. 501. Use regulations
(a) Principal and conditional uses.
The following chart lists those uses permitted within the R-40 through R-2.5
Residential Districts. Those uses and structures in the respective residential
districts shall be permitted as either principal uses indicted by a P or as
conditional uses indicated by a C. Uses and structures indicated by an X shall
be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
78
RESIDENTIAL DISTRICTS
USES R'&O R-30 R-20 R-1S R'IO R-7.5 R-SD R-5R R'SS R'2.5
Agricultural & horticultural uses except
for the keeping of poultry
and livestock. P P P P P P P P P P
Borrow pit C C C C C C C C C C
Cemetery, columbarium, crematory
and mausoleum X x x C C C C C c x
Child care centers and child care
education centers in conjunction
with public or private elementary
schools or churches P P P P P P P P P P
Churches C C C C C C C C C C
Colleges & universities, public P P P P P P P P P P
Community centers, public P P P P P P P P P P
Convalescent homes, private X X X C C C C C C X
Dormitories, student provided that
they are Located within a one mile
radius of an established college
or university. C C C C C C C C C X
Dwellings, attached X X X X X X X x X P
Dwellings, duplex x x x X X x p P x X
Dwet[fngs, semi-detached X X X X X X P P X X
D~elLings, single family p p p p p p p p P x
Family care homes C C C C C C C C D C
Foster homes C C C c C C C C C C
Fraternity and sorority houses provided
that they are located within a one
mile radius of an established college
or university. C C C C C C C C C X
Golf courses, noni[Iuminated, including
par ] but not miniature, with a minfmum
area of 10 acres, together with such
uses which are incidental to golf
courses, provided that such uses shall
be designed and sca[ed to meet only the
requirements of the members, guests, or
users of the golf course, and no signs
or other indications of such uses shall
be visible from any public way C C C C C C C C C C
Group homes C C C C C C C C C C
Home occupation C C C C C C C C C C
79
RESiDENTiAL D[STRZCTS
USES R-40 R-30 R'20 R-15 R-lO R-7.3 R-SD R-SR R-SS R-2.5
Homes for the aged, disabled uhen
not operated by a public agency. X X X C C C C C C' X
gorse stables, including barns or other
structures built for the purpose of
boarding horses, provided that no
stable or barn shaLL be Located
within 300 feet of a property Line. C x x X X x x X X X
HospitaLs and sanitariums X X X C C C C C C X
KenneLs, residential C C C C C C C c C x
Marinas, non-commerciaL and community
boat docks C C C C C C C C C C
Museums & art gaLLeries, private C C C C C C C C C C
gursing homes, when not operated by
a public agency X X X C C C C C C X
PubLic parks, recreationaL areas,
botanical and zooLogicaL gardens,
and other pubLic buildings and uses P P P P P P P P P P
PubLic utility instaLLations and sub-
stations; provided offices, storage
or maintenance facilities shaLL not
be permitted; and provided, further,
that utilities substations other
than individual transformers, shat[
be surrounded by Category V screen-
ing, so[id except for entrances and
exits; and provided also, trans-
former vaults for underground utiL-
ities'and the Like shaLL require
Category [ screening, solid except
for access openings P P P P P P P P P P
Recreation and amusement facilities of
an outdoor nature other than those
specified as principal uses, which
may be partiaLLy or temporarily
enclosed on a seasonal basis, with
the approval of City CounciL, except
that riding academies and recreational
campgrounds shat[ not be aLLowed C C C C C C C C C C
SchooLs, private when having academic
curriculums similar to public schools C c C C C C C C C C
SchooLs, public P P P P P P P P P P
Storage or maintenance instaLLation
for public utilities C C C C C C C C C C
TeLevision or other broadcasting
stations and Line of sight re[ay
devices C C C C C C C C C C
8O
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RESIDENTIAL OISTRICTS
USES R-40 RD30 R-Z0 R-15 R-lO Ro7.5 R-§D R-§R R-SS R-2.5
Theaters for live production C C C C C C C C C C
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures and where such accessory structures do not exceed the
height of the principal structure and do not exceed five hundred (500)
square feet of floor area or twenty (20) percent of the floor area of the
Such accessory uses and
principal structure, whichever is greater.
structures include but are not limited to:
(1)
(2)
(3)
(4)
(S)
Detached quest house and servants quarters within the R-40
District only;
Bees;
Swimming pools, boat houses, piers, etc.;
In connection with agricultural use, no more than one roadside
stand for sale of agricultural products produced on the
premises; provided that no such stand shall exceed five
hundred (500) square feet in floor area nor be erected within
twenty (20) feet of the property line fronting any street;
An accessory activity operated for profit in a residential
dwelling unit where there is no change in the outside appearance
of the building or premises or any visible or audible evidence
detectable from outside the building lot, either permanently
or intermittently, of the conduct of such business except for
one nonilluminated identification sign not more than one
square foot in area mounted flat against the residence; where
no traffic is generated, including traffic by commercial
delivery vehicles, by such activity in greater volumes than
would normally be expected in the neighborhood, and any need
for parking generated by the conduct of such activity is met
off the street and other than in a required front yard; where
the activity is conducted on the premises which is the bona
fide residence of the principal practitioner, and no person
other than members of the immediate family occupying such
dwelling units is employed in the activity; where such activity
is conducted only in the principal structure on the lot;
where there are no sales to the general public of products or
merchandise from the home; and where the activity is specifically
designed or conducted to permit no more than one patron,
customer, or pupil to be present on the premises at any one
time. The following are specifically prohibited as accessory
activities: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
81
Sec. 502. Dimensional Requirements
The following chart lists the requirements within the R-40 through
R-SS Residential Districts for minimum lot area, width, yard spacing
and maximum lot coverage for single family dwellings.
ia) For single family dwetLings: RESIDENTIAL DISTRICTS
R-40 R-30 R-20 R-15 R-lO R-7.S R-SD R-SR R-SS
(1) Minimum Lot area
in square feet:
(2) Minimum Lot area
outside of water,
marsh, or wetlands.
(3) Minimum Lot width
in feet:
(4) Minimum front yard
setback in feet:
(5) Minimum side yard
setback except when
adjacent to a street
in feet: 20
(6) Minimum side yard
setback adjacent to
a street in feet: 30
(7) Minimum rear yard
setback except for
accessory structures
in feet: 20
(8) Minimum rear yard
setback for accessory
structures only in
feet: 20
(9) Maximum tot coverage
in percent: 25
(10) Maximum building floor
area expressed as a
percentage of maximum
aLLowabLe lot coverage: NA
40,000 30,000 20,000 15,000 10,000 7,500 5,000 $,000 5,000
24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
125 100 100 100 80 75 50 50 50
50 50 50 30 30 30 20 20 20
15 15 10 10 5&10 8 8 5&10
30 30 30 30 30 18 18 15
20 20 20 20 20 20 20 20
15 15 10 10 10 10 10 10
25 25 30 30 35 40 35 40
NA NA NA NA NA HA 200% NA
82
The following chart lists the requirements within the R-SD and R-5R
Residential Districts for minimum lot area, width, yard spacing and
maximum lot coverage for duplex and semi-detached dwellings.
(b) For duplex and semi-detached dwellings in the R-SD and R-SR Residential
Districts Duplexes Semi-detached
(1) Minimum lot area 10,000 square feet 5,000 square feet
(2) Minimum lot width 75 feet 35 feet
(3) Minimum front yard 20 feet 20 feet
(4) Minimum side yard except
when adjacent to a street 10 feet 10 feet
(5) Minimum side yard when
adjacent to a street 20 feet 20 feet
(6) Minimum rear yard 10 feet 10 feet
(7) Maximum lot coverage 35 percent 35 percent
(8) Maximum building floor
area expressed as a
percentage of maximum
allowable lot coverage 200 percent 200 percent
The following chart lists the requirements within the R-2.5 Residential
Districts for minimum lot area, average lot area, lot width, yard spacing,
maximum lot coverage and maximum number of units that can be attached for attached
dwellings (townhouses).
(c) For attached dwellings(townhouses): Residential Districts
R-2.5
(1) Minimum lot area 1,400 square feet
(2) Average minimum lot area 2,500 square feet
(3) Minimum lot width interior lots 20 feet
(4) Minimum lot width exterior lots 30 feet
(5) Minimum front yard 30 feet
(6) Minimum side yard exterior lots
when not adjacent to a street 10 feet
Minimum rear yard dwellings 20 feet
Minimum rear yard accessory
buildings less than 100 square feet
(7)
(8)
(9) Maximum lot coverage
(10) Maximum number of attached dwellings
that may be constructed in any one
group, without required side yards 6
(11) Any side yards adjacent to a street shall be
5 feet
40 percent
units
a minimum of 30 feet.
83
The following chart lists the requirements within the R-40 through R-2.5.
Residential Districts for minimum lot area, width, yard spacing and maximum lot
coverage for uses and structures other than dwellings.
id) for uses other than dweLLings:R~/~TIAk DISTRICTS
..........................
(1) Minimum tot area
in squsre feet:
(2) Minimum Lot area
outside of water,
marsh, or wetlands.
(3) Minimum Lot width
in feet:
(4) Minimum front yard.
setback in feet:
(5) Minimum side yard
setback except when
adjacent to a street
in feet:
C6) Minimum rear yard
setback in feet:
(7) Maximum Lot coverage
in percent:
(8) Any side
40,000 30,000 20,000 15,000 10,000 10,000 10~000 10,000 10,000 10,000
24,000 24,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000
125 100 100 100 100 100 100 100 100 100
50 50 50 30 30 30 30 30 30 30
25 25 25 25 20 15 15 15 15 15
25 25 25 ~ 20 15
15
15
15
15
v
25 25 25 30 30 40 40 40 40 40
yards adjacent to a street shaLL be a minimum of 30 feet.
(e)
(1)
Nonconforming lots:
Where a lot has less than the minimum requirements for the R-5S
Residential District and said lot has continuously been a lot of
record, in single and separate ownership from adjacent property,
prior to and since the passage of this ordinance, said lot may be
developed for any purpose permitted within the R-5S Residential
District.
(2)
However, if the owner of a lot which does not meet the minimum
requirements of the R-5S Residential District, is the owner of or
becomes the owner of another substandard lot adjacent to it and
located in the same R-SS Residential District, he is not entitled
to the exception in (I) above. In this instance, the owner of the
two {2) or more adjacent substandard lots must combine the two {2)
or more lots to form one which will meet or more closely approximate
the frontage and area requirements of the ordinance applicable
within the R-SS Residential District.
(3)
The owner of contiguous substandard lots is prohibited from conveying
one or more of the substandard lots with the result that both the
grantors and the grantee possess lots entitled to an exception
from the minimum lot requirements.
(4)
Status as a single and separate owner may not be acquired after
enactment of this ordinance by selling a parcel and reducing the
remainder below the minimum lot requirements nor may an owner of
several contiguous nonconforming parcels combine them so as to
84
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leave a substandard lot, and assert the right to exception in (1)
above.
For the purposes of this section, lots are not regarded as adjacent
where they form an "L", part of one being contiguous to the other.
Sec. 503. Height regulations.
The following shall constitute the maximum height requirements for
all structures within all Residential Districts.
(b)
Maximum height for all buildings and structures is 35 feet.
Notwithstanding the above, no building or other structure
shall exceed the height limit established by section 202(b)
regarding air navigation.
Sec. 504. Sign regulations.
In all Residential Districts, signs shall be permitted as follows:
(a)
(b)
(c)
For subdivisions there shall be permitted one identification
sign not more than thirty-two (32) square feet in area for
each principal entrance or frontage of any use.
Signs advertising property for sale, lease or rent shall be
permitted, provided that no such sign shall exceed eight (8)
square feet in area and that not more than two {2) such signs
shall be erected for each lot. Any property having less
frontage or lot line adjoining a street may have one sign not
exceeding four (4) square feet of surface area.
In the case of new subdivisions, one sign not exceeding one
hundred fifty (150) square feet may be erected at each principal
entrance or frontage to facilitate initial sales. Any such
sign must be removed when seventy (70) percent of the property
has been sold or leased, or after a period of twenty-four
{24) months, whichever comes first.
Sec. 505. Parking regulations.
Parking shall be required for all uses and structures permitted in
the R-40 through R-2.5 Residential Districts in accordance with section
203. No area within a garage, or an enclosed or covered space shall be
counted toward meeting off street parking requirements for dwelling
units in the residential districts.
85
Sec. 506. Open space promotion.
The following chart lists the requirements within the R-40 through R-7.5
Residential Districts for minimum lot area, width, yard spacing and maximum lot
coverage for single family dwellings developed under a valid open space promotion
conditional use permit.
(a)
open space promotion use permit:
RESIDENTIAL DISTRICTS
R-40 R-30 R-20 R-15 R-lO R - 7
Special dimensional requirements for single family dwellings under.an
5
24,000 18,000 12,000
100 100 I00
50 50 30
15 15 10
15 15
(1) Minimum lot area
in square feet:
{2) Minimum lot width
in feet:
{3) Minimum front yard
setback in feet:
{4} Minimum side yard
setback except when
adjacent to a street
in feet:
{5) Minimum rear yard
setback in feet:
{6) Maximum lot coverage
9,000, 7,500 6,500
75 75 60
30 30 30
10 10 8
10 ~ 10 10
25 30 ' 30 25
i 'zkI
be a m of 30 feet.
in percent: 25 25
(7) Maximum density in ,~-
units per acre FO.8 .~ 1.1
(8) Any side yard adjacent to ~et shall
]
]
.]
]
86
ARTICLE 6. APART)lENT. DISTRICTS
Sec. 600. Legislative intent.
The purpose of the A-12 and A-18 Apartment Districts is to provide
areas for various multiple-family housing types at a variety of densities,
in areas where public facilities are adequate to support these densities,
and to provide for certain other necessary and related uses within
multi-family communities but limited as to maintain compatibility with
residential uses. The A-24 and A-36 Apartment Districts are created in
recognition of the existence of developed areas where multi-family
dwellings exist at densities between 24 and 36 dwelling units per acre.
It is not the intention to create additional A-24 or A-36 Districts or
to enlarge the limits of existing A-24 or A-36 Districts except in
cases to promote infilling in areas that are already zoned or developed
at densities between 24 and 36 dwelling units ~er acre.
Sec. 601. Use regulations
(a} Principal and conditional uses.
The following chart lists those uses permitted within the A-12 through
A-36 Apartment Districts. Those uses and structures in the respective apartment
districts shall be permitted as either principal uses indicted by a P or as
conditional uses indicated by a C. Uses and structures indicated by an X shall
be prohibited in the respective districts. No uses or structures other than as
specified shall be permitted.
USE A-12 A-18 A-24 A-36
Agricultural & horticultural uses except for
the keeping of poultry, livestock and bees P P P P
Borrow pits C C C C
Child care centers P P P P
Child care education centers in conjunction
with public or private elementary schools
or churches P P P P
Churches
Clubs, private and/or athletic
Dwellings, attached (townhouses)
C C C C
X X C C
p P P X
P P P P
Dwellings, duplex
Dwellings, multiple-family P P P P
Dwellings, semi-detached P P P P
Facilities for the production of live
theater and allied purposes including
education in the theater arts C C C C
Family care homes, foster homes or group homes C C C C
Fraternity and sorority houses, student centers
and student dormitories C C C C
87
USE A-12 A-18 A-24 A-36
Golf courses, nonilluminated, including par
3 but not miniature, with a minimum area
of 10 acres C C C C
Home occupation C C C C
Homes for the aged, disabled or handicapped,
including convalescent or nursing homes C C C C
Hospitals and sanitariums C C C C
Lodges for fraternal organizations X X C C
Marinas, non-commercial and community
boat docks C C C C
Maternity homes C C C C
Mobile home parks C C C C
Museums and art galleries when not operated
by a public agency C C C C
Nurse's homes and similar housing for ins-
titutional employees, monasteries and
convents C C C C
Public parks, recreational areas, botanical
and zoological gardens and other public
buildings and uses p p p p
Public elementary, intermediate and high
schools; colleges and universities~ p p p p
Public utility installations and substations;
provided offices, storage or maintenance
facilities shall not be permitted; and
provided, further, that utilities sub-
stations other than individual trans-
formers, shall be surrounded by Category V
screening, solid except for entrances and
exits; and provided also, transformer
vaults for underground utilities and the
like shall require Category I screening,
solid except for access openings p p p p
Private schools when having academic curricu-
lums similar to public schools C C C C
Recreation and amusement facilities of an
outdoor nature other than those specified
as principal uses, which may be partially
or temporarily enclosed on a seasonal
basis, with the approval of City Council,
except that riding academies and recrea-
tional campgrounds shall not be allowed C C C C
Television or other broadcasting stations
and line-of-sight relay devices C C C C
]
88
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures, including but not limited to:
(1) Garages, tool sheds, greenhouses, swimming pools, barbecue
facilities and tennis courts.
(2)
An accessory activity operated for profit in a residential
dwelling unit where there is no change in the outside appearance
of the building or premises or any visible or audible evidence
detectable from outside the building lot, either permanently
or intermittently, of the conduct of such business except for
one nonilluminated identification sign not more than one
square foot in area mounted flat against the residence; where
no traffic is generated, including traffic by commercial
delivery vehicles, by such activity in greater volumes than
would normally be expected in the neighborhood, and any need
for parking generated by the conduct of such activity is met
off the street and other than in a required front yard; where
the activity is conducted on the premises which is the bona
fide residence of the principal practitioner, and no person
other than members of the immediate family occupying such
dwelling units is employed in the activity; where such activity
is conducted only in the principal structure on the lot;
where there are no sales to the general public of products or
merchandise from the home; and where the activity is specifically
designed or conducted to permit no more than one patron,
customer, or pupil to be present on the premises at any one
time. The following are specifically prohibited as accessory
activities: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
Sec. 602. Dimensional Requirements
The following chart lists the requirements within the A-12 through
A-36 Apartment Districts for minimum lot area, width, yard spacing and
maximum lot coverage for semi-detached dwellings.
(a) For semi-detached dwellings: APARTMENT DISTRICTS
A-12 A-18 A-24 A-36
(1) Minimum lot area in square feet: 6,500 6,500 6,500 6,500
(2) Minimum lot width in feet: 60 60 60 60
{3) Minimum front yard setback in feet: 30 30 30 30
(4) Minimum side yard setback in feet: 15 15 15 15
(5) Minimum rear yard setback in feet: 10 10 10 10
(6} Maximum lot coverage in percent: 30 30 30 30
89
The following chart lists the requirements within the A-12 through
A-36 Apartment Districts for minimum lot area, width, yard spacing and
maximum lot coverage for duplex dwellings.
(b) For duplex dwellings: APARTMENT DISTRICTS
A-12 A-18 A-24 A-36
(1) Minimum lot area in square, feet: 10,000 20,000 20,000 40,000
(2) Minimum lot width in feet: 75 100 100 200
(3) Minimum front yard setback in feet: 30 30 30 30
(4) Minimum side yard setback in feet: 10 10 10 8
(5) Minimum rear yard setback in feet: 10 10 10 10
(6) Maximum lot coverage in percent: 30 30 30 30
The following chart lists the requirements within the A-12 through
A-24 Apartment Districts for minimum lot area, width, yard spacing,
maximum lot coverage, maximum density and maximum number of units
constructed in a single building for single family attached dwellings
(townhouses).
(c) For attached dwellings (townhouses): APARTMENT DISTRICTS
A-12 A-18 A-24
iii--~i~imum lot area in square feet: 1,400' 1,400 1,400
(2) Minimum average lot area in square feet: 2,500 2,500 2,500
(3) Minimum interior lot width in feet: 14 14 14
(4) Minimum exterior lot width in feet: 30 30 30
(5) Minimum front yard setback in feet: 30 30 30
(6) Minimum side yard setback in feet: 10 10 10
(7) Minimum rear yard setback for dwellings
in feet: 20 20 20
(8) Minimum rear yard setback for accessory
buildings of less than 100 sq. ft., in feet: 5 5 5
(9) Maximum lot coverage in percent: 40 40 40
(10) Maximum density in dwellings per acre: 12 18 24
(11) Maximum number of attached dwellings in
one group without side yard setbacks: 6 6 6
.]
90
The following chart lists the requirements within the A-12 through
A-36 Apartment Districts for minimum lot area, width, yard spacing,
maximum lot coverage and maximum density for multiple family dwellings.
(d) For multiple family dwellings: APARTMENT DISTRICTS
A-12 A-18 A-24 A-36
(1) Minimum lot area in square feet: 10,000
(2) Minimum lot width in feet: 100
(3) Minimum front yard setback in feet: 30
{4) Minimum side yard setback in feet: 10
(5} Minimum rear yard setback in feet: 10
{6) Maximum lot coverage by buildings
and parking, excluding recreational
buildings and surfaces in percent:
(7) -Maximum density in dwellings per acre:
20,000 20,000 40,000
100 100 200
30 30 30
10 10 8
10 10 10
40 50 60 75
12 18 24 36
The following chart lists the requirements within the A-12 through
A-36 Apartment Districts for minimum lot area, width, yard spacing,
maximum lot coverage and maximum floor area ratio for uses and structures
other than dwellings.
(e) For uses other than dwellings: APARTMENT DISTRICTS
A-12 A-18 A-24 A-36
(1) Minimum lot area in square feet: 40,000 40,000 40,000 40,000
(2) Minimum lot width in feet: 150 150 150 200
(3) Minimum front yard setback in feet: 30 30 30 30
(4) Minimum side yard setback in feet: 15 lO 10 8
(5) Minimum rear yard setback in feet: 15 10 10 lO
(6) Maximum lot coverage in percent: 30 30 30 30
(7) Maximum floor area ratio to zoning
lot area: 0.3 0.7 0.7 1.1
(f) Any yard adjacent to a street within the A-12 through A-36 Apartment
Districts shall be a minimum a thirty (30) feet.
Sec. 603. Landscape screening and buffering regulations.
When a zoning lot within a A-12, A-18, A-24 or A-36 Apartment
District adjoins a residential district without an intervening street,
alley or body of water over twenty-five (25) feet in width a ten (lO)
foot minimum yard shall be required along all lot lines adjoining the
residential district. Category IV landscape screening shall be required
within the yard area. No other uses or structures shall be permitted
in such yards.
Sec. 604. Height regulations.
(a) For the A-12 and A-18 Apartment Districts the maximum height
for all buildings and structures is 35 feet.
91
(b) For the A-24 Apartment District the maximum height for all
buildings and structures is 45 feet.
{c} For the A-36 Apartment District the maximum height for all
buildings and structures is 120 feet.
(d) Notwithstanding the above, no building or other structure
shall exceed the height limit established by section 202(b} regarding
air navigation.
Sec. 605. Sign regulations.
Within all Apartment Districts, signs shall be permitted as follows:
(a) For subdivisions there shall be permitted one identification
sign not more than thirty-two (32) square feet in area for each principal
entrance or frontage of any use.
(b) Signs advertising property for sale, lease or rent shall be
permitted, provided that no such sign shall exceed eight {8) square
feet in area and that not more than two (2) such signs shall be erected
for each lot. Any property having less frontage or lot line adjoining
a street may have one sign not exceeding four (4) square feet of surface
area.
(c) In the case of new multiple-family dwellings one sign not
exceeding one hundred fifty (150) square feet in area may be erected at
each principal entrance or frontage to facilitate occupancy. Any such
sign 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. All other uses shall have the same sign allotment
as the district where the use is first permitted as a principal use.
Sec. 606. Parking regulations.
Parking shall be required for all uses and structures permitted in
the A-12 through A-36 Apartment Districts in accordance with section
203. For single family attached (townhouse) developments, no parking
area on any lot shall extend farther than twenty (20) feet from the
right-of-way line and no area within a garage, or an enclosed or covered
space shall be counted toward meeting off street parking requirements.
92
ARTICLE 7. HOTEL DISTRICT
Sec. 700. Legislative intent.
The purpose of the H-1 Hotel District is to provide medium density
hotel areas for general application in the city where such uses are
desirable and where public facilities are available to meet their
needs.
Sec. 701. Use Regulations
The following chart lists those uses permitted within the H-1
Hotel District. Those uses and structures in the respective hotel
districts shall be permitted as either principal uses indicted by a P
or as conditional uses indicated by a C. Uses and structures indicated
by an X shall be prohibited in the respective districts. No uses or
structures other than as specified shall be permitted.
(a) Principal and conditional uses
USE H-1
Borrow pits C
Heliports and helistops C
Hotels and motels P
Marinas, commercial C
Museums and art galleries when not operated
by a public agency C
Offices, as a use subordinate to and in
conjunction with a hotel or motel,
offices in which goods, ware or
merchandise are not commercially
created, displayed, stored, exchanged
or sold C
Parks, playgrounds and community centers,
botanical and zoological gardens and
other public buildings and uses P
Public utilities installations and
substations, provided offices or storage
or maintenance facilities shall not
be permitted; and provided, further,
that utilities substations, other
than individual transformers, shall
be surrounded by a wall, solid
except for entrances and exits, or
by a fence with a screening hedge
five (5) to six (6) feet in height;
and provided also, transformer
vaults for underground utilities and
the like shall require only a landscaped
screening hedge, solid except for
access opening. P
93
(a) Principal and conditional uses
USE H-1
Recreational and amusement facilities of
an outdoor nature other than as
accessory uses, which may be partially
or temporarily enclosed on a seasonal
basis with approval of city council,
except that riding academies and
recreational campgrounds shall not
be allowed as a conditional use or otherwise C
(b) Accessory uses and structures. Uses and structures which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures, including but not limited to:
Within the H-1 Hotel District, establishments for sale of
gifts, clothing, drugs, photographic supplies, newspapers,
and magazines and convenience goods, eating and drinking
establishments and professional and personal service estab-
lishments; provided that such uses are accessory to hotels
having fifty (50) or more dwelling or lodging units for sale
or for rent; and provided further, that all such establish-
ments shall be designed and scaled only to meet the require-
ments of occupants and their guests; and provided also that
there shall be no evidence of the existence of such establish-
ments from outside the property line; and provided finally
that the floor area occupied by such establishments shall not
exceed twenty {20) percent of the floor area of the hotel or
motel.
Sec. 702. Dimensional Requirements.
The following chart lists the requirements within the H-1 Hotel
District for minimum lot area, width, yard spacing, maximum lot coverage
and maximum lodging unit density for all uses and structures.
HOTEL DISTRICT H-I
(1) Minimum lot area: 1 acre
{2) Minimum lot width in feet: 100
(3)
(4)
(6)
(7)
(8)
(9)
Minimum front yard setback in feet: 35
Minimum side yard setback in feet: 20
Minimum side yard'setback adjacent to a
street in feet: 20
Minimum rear yard setback in feet: 20
Maximum lot coverage in percent: 50
Maximum density for lodging units per acre: 80
For each dwelling unit contained in a combination development;
the number of allowed lodging units shall be reduced by 2.
Sec. 703. Landscape screening and buffering regulations.
94
When a zoning lot within a H-1 Hotel District adjoins a residential
or apartment district without an intervening street, alley or body of
water over twenty-five {25} feet in width a fifteen {15) foot minimum
yard shall be required along all lot lines adjoining the residential or
apartment district. Category IV landscape screening shall be required
within the yard area. No other uses or structures shall be permitted
in such yards.
Sec. 704. Height regulations.
{a) Where a zoning lot within the H-1 Hotel District adjoins the
side or rear yard of a zoning lot in a residential or apartment district
without an intervening street, alley or body of water over twenty-five
(25) feet in width, the following maximum height regulations shall apply
on the H-1 zoning lot.
(1) When adjacent to a Residential District the maximum height
shall be 35 feet.
(2) When adjacent to A-12 or A-18 Apartment District the maximum
height shall be 35 feet.
{3) When adjacent to A-24 Apartment District the maximum height
shall be 45 feet.
{4) When adjacent to A~36 Apartment District the maximum height
shall be 120 feet.
(b) Except as specified in item (a) hereinabove, there shall be
no maximum height regulations in the H-1 Hotel District.
(c} Notwithstanding the above, no building or other structure
shall exceed the height limit established by section 202(b) regarding
air navigation.
Sec. 705. Sign regulations.
(a} Within the H-1 Hotel District the same regulations as apply
in the Residential Districts and the Apartment Districts shall apply and
in addition:
For each twenty (20) feet of frontage 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 of signage shall be permitted;
provided, however, that no establishment shall have more
than four (4) signs of which one may be a free-standing sign;
and provided further, that no establishment having a frontage
of less than one hundred (100) feet shall have a free-standing
sign. No establishment having a frontage of at least one
hundred (100) feet but less than or equal to two hundred
(200) feet shall have a free-standing sign exceeding thirty-
two (32) square feet of surface area per face, and no
establishment having a frontage of more than two hundred
(200) feet shall have a free-standing sign exceeding seventy-
five (75) square feet of surface area per face. No free-standing
sign shall exceed two (2) faces , and no sign of any other
95
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.
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.
(b) All other uses shall have sign regulations as specified in
the district where the use is first permitted as a principal use.
Sec. 706. Off-street parking regulations.
Parking shall be required for all uses and structures permitted in
the H-1 Hotel District in accordance with section 203.
96
ARTICLE 8. OFFICE DISTRICTS
Sec. 800. Legislative intent.
The 0-1 Office District is intended primarily for office and
institutional uses. Within this district, it is intended to provide an
environment appropriate to office or institutional character and compatible
with residential uses which may adjoin and where public facilities are
available to meet their needs. The 0-2 Office District is intended for
larger scale office and institutional structures and uses in areas
where public facilities are available and where convicts with residential
neighborhoods can be avoided.
Sec. 801. Use Regulations
(a) Principal and conditional uses.
The following chart lists those uses permitted within the 0-1 and
0-2 Office Districts. Those uses and structures in the respective
office districts shall be permitted as either principal uses indicted
by a P or as conditional uses indicated by a C. Uses and structures
indicated by an X shall be prohibited in the respective districts. No
uses or structures other than as specified shall be permitted.
USE 0-1 0-2
Business offices of advertising, real
estate, insurance, commercial or
industrial establishments P P
Cemeteries C C
Child care centers P P
Child care education centers in connection
with public or private elementary
schools or churches P P
Churches C C
Eating and drinking establishments,
establishments for sale of convenience
goods and personal service
establishments other than those
permitted as principal uses, provided
that such uses shall be in connection
with a principal use and shall in
combination not occupy more than ten
(10) percent of the total floor area
involved in the principal use C C
Finance agency offices, banks P P
Florists retail
Funeral homes C P
97
USE 0-1 0-2
Governmental centers and offices and
other public uses and structures
appropriate to the character of the
district, necessary to its servicing,
or requiring location within the
district P P
Hospital and sanitariums X C
Medical, optical and dental offices and
clinics; legal, engineering,
architectural and similar professional
offices, accounting, auditing and
bookkeeping service offices P P
Museums, art §alleries, auditoriums,
arenas, civic or cultural centers,
historic exhibits, botanical gardens,
parks, recreational facilities and
the like, when operated by a public
agency or not for profit X P
Nursing or convalescent homes, maternity
homes, homes for the aged and similar
institutions for the shelter and
care of persons X C
Offices in which goods, ware or merchandise
are not commercially created, displayed,
stored, exchanged or sold P P
Offices of miscellaneous business services
such as consumer credit reporting
agencies, mailing list and stenographic
services, business and management
consulting services P P
Offices of nonprofit organizations, such
as professional organizations, civic,
social and fraternal associations,
political organizations, religious
organizations, and labor unions;
provided, however, that no hiring
halls shall be permitted in this
district P P
Off-street parking in conjunction with
permitted uses in an adjoining business
district, provided such parking
shall be limited to that zoning lot
contiguous with the business district
use for which the parking is provided
but in no event shall such off-
street parking extend more than two
hundred {200) feet into the 0-2
district X C
98
USE 0-1 0-2
Private clubs and lodges X C
Public schools, colleges and universities,
and private schools, colleges and
universities having similar academic
curriculums C P
Public utilities installations and
substations provided storage or
maintenance facilities shall
not be permitted; and provided,
further, that utilities substations,
other than individual transformers,
shall be surrounded by a wall, solid
except for entrances and exits, or
by a fence with a screening hedge
five (5) to six (6) feet in height;
and provided also, transformer
vaults for underground utilities and
the like shall require only a landscaped
screening hedge, solid except for
access opening P P
Public utilities business offices X P
Television or radio transmission towers
and line-of-sight relay devices C C
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures, including but not limited to:
(1)
As appropriate to the principal use, ethical pharmacies,
dental laboratories, and the fitting and sale of eyeglasses,
hearing aids, prosthetic appliances, and the like, provided
that no such accessory use in combination, shall occupy more
than ten (10) percent of the total floor area involved in the
principal use.
99
Sec. 802. Dimensional requirements.
The following chart lists the requirements within the 0-1 and 0-2
Office Districts for minimum lot area, width, yard spacing and maximum
lot coverage for all uses and structures.
OFFICE DISTRICTS
0-I 0-2
(1) Minimum lot area in square feet: S,O00 43,560
(2) Minimum lot width in feet: 50 100
(3) Minimum front yard setback in feet: 30 35
{4) Minimum side yard setback in feet,
unless a greater setback is required
by Section 803: 10 20
{5} Minimum side yard setback adjacent to a
street in feet: 30 30
(6} Minimum rear yard setback in feet
unless a greater setback is required
by Section 803: 10 20
(7) Maximum lot coverage in percent: 25 25
Sec. 803. Landscape screening and buffering regulations.
For the 0-1 and 0-2 Office Districts the following landscape
screening and buffering regulations shall apply:
(a) When a zoning lot within a 0-1 Office District adjoins a
residential, apartment or hotel district without an intervening street
or alley over twenty-five (25} feet in width a 'ten (10) foot minimum
yard shall be required along all lot lines adjoining the residential,
apartment or hotel district. Category I landscape screening shall be
required within the yard area. No other uses or structures shall be
permitted in such yards.
(b) When a zoning lot within a 0-2 Office District adjoins a
residential or apartment district without an intervening street, alley
or body of water over twenty-five (25) feet in width a twenty {20) foot
minimum yard shall be required along all lot lines adjoining the
residential or apartment district. Category IV landscape screening
shall be required within the yard area. No other uses or structures
shall be permitted in such yards.
(c) When a zoning lot within a 0-2 Office District adjoins a hotel
district without an intervening street, alley or body of water over
twenty-five (25) feet in width Category I landscape screening shall be
required within the yard area. No other uses or structures shall be
permitted in such yards.
I00
Sec. 804. Height regulations.
{a) No portion of any building or other structure located within
an 0-1 Office District shall exceed 35 feet.
(b} No portion of any building or other structure located within
an 0-2 Office District shall exceed 75 feet.
(c) Notwithstanding the above, no building or other structure
shall exceed the height limit established by section 202(b) regarding
air navigation.
Sec. 805. Sign regulations.
Within the 0-1 and 0-2 Office District the following sign regula-
tions shall apply:
(a) For each forty {40) feet of frontage 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 of signage shall be permitted; provided, however, that no
establishment shall have more than two (2) signs of which one may be a
free-standing sign; and provided further, that no establishment having
a frontage of less than one hundred {100) feet or less shall have a free-
standing sign. No establishment having a frontage of at least one
hundred {100) feet but less than or equal to two hundred (200} feet
shall have a free-standing sign exceeding thirty-two {32) square feet
of surface area per face, and no establishment having a frontage of
more than two hundred (200) feet shall have a free-standing sign exceeding
seventy-five (75) square feet of surface area per face. No free-standing
sign shall exceed two (2) faces , 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 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.
lOl
ARTICLE 9. BUSINESS OISTRICTS
Sec. 900. Legislative intent.
The purpose of the B-! Neighborhood Business District is to provide
areas where a limited range of business establishments that can be
located near or adjacent to residential development without adversely
impacting the adjacent residential area. The purpose of the
Limited Community Business District is to provide areas where limited
commercial development can be dispersed to support the needs of nearby
residential neighborhoods. The purpose of the B-2 Community Business
District is to provide land needed for community-wide business estab-
lishments. This district is intended for general application in the
city. It is intended that, by the creation of this district, business
uses will be geographically concentrated. The purpose of the B-3
Central Business District is to set apart that portion of the city
which forms the metropolitan center for financial, commercial, profes-
sional and cultural activities. It is intended that any uses likely to
create friction with these proposed types of activities will be
discouraged. This district is not intended for general application
throughout the city. The purpose of the B-4 Resort Commercial Oistrict
is to provide for retail and commercial service facilities to serve the
needs of visitors to existing resort areas and residents living in or
adjacent to such area. It is not the intent to create additional
Districts or enlarge the limits of existing B-4 Districts.
Sec. 901. Use Regulations.
(a) Principal and conditional uses.
The following chart lists those uses permitted within the B-!
through B-4 Business Districts. Those uses and structures in the
respective business districts shall be permitted as either principal
uses indicted by a P or as conditional uses indicated by a C. Uses and
structures indicated by an X shall be prohibited in the respective
districts. No uses or structures other than as specified shall be
permitted.
Use B-1 B-lA B-2 B-3 B-4
Animal hospitals, pounds, shelters,
commercial kennels, provided that all
animals shall be kept in soundproofed
air conditioned buildings P P P P P
Attached dwellings X X X X P
Auditoriums, assembly halls and union halls X C P P P
Automobile and small engine repair
establishments, provided that all repair
work shall be performed within a
building X X C X C
102
Use B-1 B-lA B-2 B-3 B-4
Automobile repair establishments dealing
exclusively in minor repairs of the
type provided at automobile service
stations X X C C C
Automobile service stations; provided
that, where there is an adjoining
residential or apartment district
without an intervening street, alley
or permanent open space over twenty-
five (25) feet in width and where lots
separated by a district boundary have
adjacent front yards, a six (6) foot
solid fence shall separate the
automobile service station use from
the adjacent residential district
and no ground sign shall be within
fifty (50) feet of the residential
or apartment district X X C C C
Bakeries, confectioneries and delicatessens,
provided that products prepared or
processed on the premises shall be
sold only at retail and only on the
premises P P P P P
Bicycle and moped rental establishments X X X X C
Boat sales X X P X P
Borrow pits X X C X X
Bulk storage yards and building contractors~
yards; provided that no sale or
processing of scrap, salvage, or
secondhand material shall be permitted
in such yards; and, provided further
that such storage yards shall be
completely enclosed except for
necessary opening for ingress and
egress by a fence or wall not less
than six (6) feet in height
Business and vocational schools which do
not involve the operation of woodwork
shops, machine shops or other similar
facilities
Business studios, offices, and clinics
Car wash facilities, provided that: (i)
no water produced by activities on
the zoning lot shall be permitted to
fall upon or drain across public
streets or sidewalks or adjacent
properties; (ii) a minimum of three
(3) off-street parking spaces for
automobiles shall be provided for
each car wash space within the facility.
X X C X X
X P P P P
P P P P P
X X C C C
103
Use B-1 B-lA B-2 B-3 B-4
Child care and child care education centers C C P P P
Churches X C C C C
Commercial parking lots, parking garages
and storage garages X X P P P
Commercial recreation facilities of an
outdoor nature X X C X P
Dormitories for marine pilots X X X X C
Drugstores, beauty shops and barbershops P P P P P
Eating and drinking establishments with
drive-through windows X X P P P
Eating and drinking establishments without
drive-through windows P P P P P
Financial institutions P P P P P
Florists, gift shops and stationery stores P P P P P
Funeral homes X P P P P
Furniture repair and upholstering, repair
services for radio and television and
household appliances other than
those with gasoline engines; service
and repair services for business
machines; carpet and linoleum laying;
tile setting, sign shops and other
small service businesses X P P P P
Greenhouses and plant nurseries X P P X P
Grocery stores, carry-out food stores and
convenience stores all being both free-
standing and in a structure with a gross
floor area of less than five-thousand
{5,000) square feet C C P P P
Grocery stores, carry-out food stores and
convenience stores whether or not free-
standing, but in a structure with a gross
floor area of not less than five-thousand
(5,000} square feet X X P P P
Grocery stores, carry-out food stores and
convenience stores any of which are not
freestanding but are in a structure with
a gross floor area of less than five-thousand
{5,000) square feet P P P P P
Heliports and helistops X X C C C
Home occupations X X X X C
104
]
Use B-1 B-lA B-2 B-3 B-4
Homes for the aged, disabled or handicapped,
including convalescent or nursing
homes; maternity homes; child care
centers, other than those covered
under permitted principal uses and
structures hereinabove, when not
operated by a public agency, provided that
the maximum density for homes for the aged
shall be sixty (60) dwelling units per acre
and the maximum height shall not exceed
one-hundred and sixty five (165) feet, provided
however, that the allowed excess height shall
not exceed twice the distance to the nearest
lot line from the structure with the excess
height, notwithstanding the above, no structure
shall exceed the height limit established by
Sec. 202(b) regarding air navigation. X X X X C
Hospitals and sanitariums X X C C C
Hotel and motels X X X P P
Hotel and motels with increased lodging
unit density and height, provided that
the maximum density shall be one-hundred
and twenty (120) lodging units per acre,
the minimum lot area shall be one (1) acre
and the maximum height shall be one-hundred
(100) feet, notwithstanding the above, no
structure shall exceed the height limit
established by Sec. 202(b) regarding air
navigation. X X X X C
Laboratories and establishments for the
production and repair of eye glasses,
hearing aids and prosthetic devices X X P P P
Laundry and dry cleaning agencies P P P P P
Liquor stores, package only P P P P P
Marinas, commercial X X P P C
Medical and dental offices P P P P P
Medical laboratories X X P P P
Mini-warehouses
Mobile home sales
Motor vehicle sales and rental, provided
the minimum lot size is twenty
thousand (20,000) square feet
X C. Cv'' C C
X X £ X X
X X C C C
Multiple-family dwellings X X X X P
Museums and art galleries C P P P P
105
Use B-1 B-lA 8-2 8-3 8-4
Newspaper printing and publishing, job
and commercial printing X P P P P
Nightclubs, bars, taverns, dance halls X X P P P
Off-site parking facilities in connection
with hotels and motels located
within the RT-1 Resort Tourist
District may be permitted on zoning
lots within the B-4 Resort Commercial
District where the required off-street
parking cannot be provided on the
lot with the principal building or
use provided: {a) Structures for parking
facilities shall conform to the
regulations of the district in which
located. {b) A written agreement
assuring continued availability of
the number of spaces indicated shall
be drawn and executed, and a certified
copy of such agreement shall be
recorded with the Clerk of the
Court. Such agreement shall stipulate
that, if such space is not maintained
or space acceptable to the planning
director substituted, the use or
such portion of the use as is deficient
in number of parking spaces shall be
discontinued. The agreement shall
be subject to the approval of the
city attorney. X X X X P
Passenger transportation terminals X X P P P
Personal service establishments, other than
those listed separately, including
barber and beauty shops, shoe repair
shops, cleaning, dyeing, laundry,
pressing, dressmaking, tailoring and
garment repair shops with processing
on the premises X P P P P
Private clubs, lodges, social centers,
eleemosynary establishments and athletic
clubs P P P P P
Public buildings and grounds P P P P P
106
Use B-1 B-lA B-2 B-3 B-4
Public utilities installations and
substations provided storage or
maintenance facilities shall not be
permitted; and provided, further, that
utilities substations, other than
individual transformers, shall be
surrounded by a wall, solid except for
entrances and exits, or by a fence
with a screening hedge five (5) to six
(6) feet in height; and provided
also, transformer vaults for
underground utilities and the like shall
require only a landscaped screening
hedge, solid except for access opening P P P P P
Public utilities offices X X P P P
Public utility storage or maintenance
installations X X C C C
Radio and television broadcasting stations
and line-of-sight relay devices X C C C C
Recreational and amusement facilities of
an outdoor nature, which may be
partially or temporarily enclosed on
a seasonal basis with approval of
city council, provided that, in the
development of such properties,
safeguards are provided to preserve
and protect the existing character
of adjacent properties, except that
riding academies and recreational
campgrounds shall not be allowed as
a conditional use or otherwise. X C C C C
Repair and sales for radio and television
and other household appliances, except
where such establishments exceed two
thousand five hundred (2,500) square
feet of floor area P P P P P
Retail establishments, other than those
listed separately, including the
incidental manufacturing of goods
for sale only at retail on the
premises; retail sales and display rooms
and lots, provided that yards for
storage of new or used building
materials or yards for any scrap or
salvage operations or for storage or
display of any scrap, salvage or
secondhand building materials or
automobile parts shall not be allowed X P P P P
107
Use B-1 B-lA B-2 B-3 B-4
Veterinary establishments and commercial
kennels, provided that all animals
shall be kept in sound-proofed, air-
conditioned buildings P P P P P
Wholesaling and distribution operations,
provided that such operations do not
involve the use of: {i) more than two
thousand {2,000) square feet of
floor area for storage of wares to
be sold at wholesale or to be
distributed, or (ii} any vehicle
rated at more than one and one-half
{1/2) ton capacity or (iii) a total
of more than five {5) delivery
vehicles. X X P C X
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to the
principal uses and structures, including, but not limited to:
An accessory activity operated for profit in a residential
dwelling unit where there is no changed in the outside appearance
of the building or premises or any visible or audible evidence
detectable from outside the building lot, either permanently
or intermittently, of the conduct of such business except for
one non-illuminated identification sign not more than one
square foot in area mounted flat against.the residence; where
no traffic is generated, including traffic by commercial delivery
vehicles, by such activity in greater volumes than would
normally be expected in the neighborhood, and any need for
parking generated by the conduct of such activity is met off
the street and other than in a required front yard; where the
activity is conducted on the premises which is the bona fide
residence of the principal practitioner, and no person other
than members of the immediate family occupying such dwelling
unit is employed in the activity; where such activity is
conducted only in the principle structure on the lot; where
there are no sales to the general public of products or
merchandise from the home; and where the activity is specifically
designed or conducted to permit no more than one patron,
customer, or pupil to be present on the premises at any one
time. The following are specifically prohibited as accessory
activities: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
108
Sec. 902. D~menslonal requirements
(a) The following chart lists the requirements within the B-1
through B-4 Business Districts for minimum lot area, width, yard spacing,
maximum floor area for all commercial uses and structures.
BUSINESS DISTRICTS
B-1 B-lA B-2 B-3 B-4
(1) Minimum lot area in square feet: 20,000 20,000 20,000 20,000 20,000
(2) Minimum lot width in feet: 100 100 100 100 100
(3) Minimum front yard setback in feet: 30 35 35 35 35
(4)
Minimum side yard setback in feet
unless a greater setback is required
by Section 903:
(5) Minimum side yard setback adjacent
to a street in feet:
(6) Minimum rear yard setback in feet
unless a greater setback is required
by Section 903:
(7) Maximum floor area ratio:
0 0 0 0 0
30 35 35 35 35
0 0 0 0 0
1.0 2.0 2.0 2.5 2.0
(b) The following chart lists the requirements within the B-3 and
B-4 Business Districts for minimum lot area, width, yard spacing,
maximum floor area and maximum density for lodging uses and structures.
For hotels and motels (lodging units): BUSINESS DISTRICTS
B-3 B-4
(1) Minimum lot area in square feet: 43,560 20,000
(2) Minimum lot width in feet:
(3) Minimum front yard setback in feet:
(4) Minimum side yard setback in feet:
(5) Minimum side yard setback adjacent to a
street in feet:
(6) Minimum rear yard setback in feet:
For hotels and motels (lodging units):
100 100
35 35
20 20
10 35
20 20
BUSINESS DISTRICTS
B-3 B-4
(7) Maximum floor area ratio: 2.5 NA
(8) Maximum density for lodging units per acre: NA 80
(9) For each dwelling unit contained in a combination development,
the number of allowed lodging units shall be reduced by 2.
109
(c) The following chart lists the requirements within the B-4 Resort
Commercial District for minimum lot area, width, yard spacing, maximum lot
coverage, maximum density and maximum number of units constructed in a
single building for single family attached dwellings {townhouses).
For attached dwellings (townhouses): BUSINESS DISTRICTS
B-4
{1) Minimum lot area in square feet: 1,400
(2) Minimum average lot area in square feet: 2,500
(3) Minimum interior lot width in feet: 14
(4) Minimum exterior lot width in feet: 30
{5) Minimum front yard setback in feet: 20
(6) Minimum side yard setback in feet: 10 ~
(7) Minimum rear yard setback for dwellings
in feet: 20
(8) Minimum rear yard setback for accessory
buildings of less than 100 sq. ft., in feet: 5
{g} Maximum lot coverage by buildings
and parking, excluding recreational
buildings and surfaces in percent: 40
(10) Maximum density in dwellings per acre: 12
{11} Maximum number of attached dwellings in
one group without side yard setbacks: 6
(d) The following chart lists the requirements within the B-4
Resort Commercial District for minimum lot area, width, yard spacing,
maximum lot coverage and maximum density for multiple family dwellings.
For multiple family dwellings: BUSINESS DISTRICTS
B-4
(1) Minimum lot area in square feet: 40,000
(2) Minimum lot width in feet: 200
(3) Minimum front yard setback in feet: 30
(4) Minimum side yard .setback in feet: 8
(5) Minimum rear yard setback in feet: 10
(6) Maximum lot coverage by buildings
and parking, excluding recreational
buildings and surfaces in percent: 75
(7) Maximum density in dwellings per acre: 36
Sec. 903. Landscape screening and buffering regulations.
For the B-1 through B-4 Commercial Districts the following landscape
screening and buffering regulations shall apply:
(a) When a zoning lot within a B-1 or B-lA Commercial District
adjoins a residential, apartment or hotel district without an intervening
street, alley or body of water over twenty-five (25) feet in width a
fifteen (15)' foot minimum yard shall be required along all lot lines
adjoining the residential, apartment or hotel district. Category I
110
landscape screening shall be required within the yard area. No other
uses or structures shall be permitted in such yards.
(b) When a zoning lot within a B-2, B-3 or B-4 Commercial District
adjoins a residential or apartment district without an intervening
street, alley or body of water over twenty-five {25) feet in width a
fifteen (15) foot minimum yard shall be required along all lot lines
adjoining the residential or apartment district. Category IV landscape
screening shall be required within the yard area. No other uses or
structures shall be permitted in such yards.
(c) When a zoning lot within a B-2, B-3 or B-4 Commercial District
adjoins a 0-1 Office District without an intervening street, alley or
body of water over twenty-five (25} feet in width a ten (10) foot
minimum yard shall be required along all lot lines adjoining the office
district. Category I landscape screening shall be required within the
yard area. No other uses or structures shall be permitted in such yards.
Sec. 904. Height regulations.
(a) The maximum height for all uses and structures within the B-1
and B-lA Commercial Districts shall be thirty-five (35) feet.---
(b) Where a zoning lot within the B-2, B-3 or B-4 Commercial
District adjoins the side or rear yard of a zoning lot in a residential
or apartment district without an intervening street, alley or body of
water over twenty-five (25) feet in width, the following maximum height
regulations shall apply on the commercial zoning lot. In cases where
more than one of the following apply, the most restrictive shall apply
to the entire lot.
(1) When adjacent to Residential Districts the maximum height
shall be thirty-fi~.
(2) When adja~or A-18 Apartment Districts the maximum
height shall be thirty-five (35)_f~t_
(3) When adjacent to~24 Apartment District the maximum height
shall be fort -fiv
(4) When adjacent to ?~6 Apartment District_the maximum height
shall be one-hundred and twenty (120) feet~
(c) The maximum height for hotels and motels within the B-4
Resort Commercial District is seventy-five (75) feet.
(d) Except as specified in items (a), (b) and (c) hereinabove
there shall be no maximum height regulations in the B-2 through B-4
Commercial Districts.
(e) Notwithstanding the above, no building or other structure
shall exceed the height limit established by section 202(b) regarding
air navigation.
111
Sec. 905.
(a)
permitted
(1)
(2)
(3)
(4)
(5)
Sign regulations.
In the B-1 Neighborhood
as follows:
Business District signs shall be
For each forty (40) feet of frontage 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 of signage shall be permitted;
provided, however, that no establishment shall have more
than three (3} signs of which one may be a free-standing
sign; and provided further, that no establishment having a
frontage of less than one hundred {100} feet shall have a free-
standing sign. No establishment having a frontage of at
least one hundred (100) feet but less than or equal to two
hundred {200) feet shall have a free-standing sign exceeding
thirty-two (32) square feet of surface area per face, and no
establishment having a frontage of more than two hundred
(200) feet shall have a free-standing sign exceeding seventy-
five (75) square feet of surface area per face. No free-standing
sign shall exceed two {2) faces , 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.
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. Such identification sign
shall specify only the name of the center.
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.
Beacon lights or search lights may be permitted for advertising
purposes for special events.
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.
112
{b) In the B-lA Limited Community Business District and in the
Community Business District the following regulations shall apply:
{1} For each forty {40) feet of frontage 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 of signage shall be permitted;
provided, however, that no establishment shall have more
than three {3) signs of which one may be a free-standing
sign; and provided further, that no establishment having a
frontage of less than one hundred {100) feet shall have a free-
standing sign. No establishment having a frontage of at
least one hundred {100) feet but less than or equal to two
hundred {200} feet shall have a free-standing sign exceeding
thirty-two {32) square feet of surface area per face, and no
establishment having a frontage of more than two hundred
{200) feet shall have a free-standing sign exceeding seventy-
five {75) square feet of surface area per face. No free-standing
sign shall exceed two {2) faces , 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.
{2) 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 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.
(3)
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.
(4) Beacon lights or search lights may be permitted for advertising
purposes for special events.
(5)
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,
113
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.
Signs 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.
(c) In the B-3 Central Business District the following regula-
tions shall apply:
(1)
For each forty (40) feet of frontage 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 of signage shall be permitted;
provided, however, that no establishment shall have more
than three (3) signs of which one may be a free-standing
sign; and provided further, that no establishment having a
frontage of less than one hundred (100) feet shall have a free-
standing sign. No establishment having a frontage of at
least one hundred {100) feet but less than or equal to two
hundred (200) feet shall have a free-standing sign exceeding
thirty-two (32} square feet of surface area per face, and no
establishment having a frontage of more than two hundred
(200} feet shall have a free-standing sign exceeding seventy-
five {75} square feet of surface area per face. No free-standing
sign shall exceed two {2) faces , 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.
(2)
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 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.
(3)
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
114
one sign not exceeding thirty-two (32) square feet of surface
area.
shall
(d) Within the B-4 Resort Commercial District the sign regulations
apply as follows:
(1) For hotels and motels the following shall apply:
(i) For each twenty (20) feet of frontage 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 of
signage shall be permitted; provided, however, that no
establishment shall have more than four (4) signs of
which one may be a free-standing sign; and provided
further, that no establishment having a frontage of less
than one hundred (100) feet shall have a free-standing
sign. No establishment having a frontage of at least one
hundred (100) feet but less than or equal to two hundred
(200) feet shall have a free-standing sign exceeding
thirty-two (32) square feet of surface area per face,
and no establishment having a frontage of more than two
hundred (200) feet shall have a free-standing sign exceeding
seventy-five (75) square feet of surface area per face.
No free-standing sign shall exceed two (2) faces , 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) For all other uses and structures, the following sign regulations
shall apply:
(i) No sign located on or in any window, or located behind any
window in such manner as to attract the attention of
persons outside of the establishment, shall have a
surface area greater than twenty percent (20%) of the
surface area of such window, not to exceed sixteen (16)
square feet.
(ii) Signs containing or consisting of graphic or pictorial
representations shall be permitted; provided, however,
that the combined surface area occupied by such graphic
or pictorial representations shall not be more than
twenty percent (20%) of the total sign allotment of an
establishment or four (4) square feet, whichever is less.
(iii) For each forty (40) feet of frontage, 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 a total of sixteen (16) square feet of surface
area of signage shall be permitted; provided, however,
that no establishment shall have more than two (2) signs
of which one may be a free-standing sign; and provided
further, that no establishment having a frontage of less
115
(vii)
(viii)
than one hundred {100) feet shall have a free-standing
sign. No free-standing 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.
{iv} Sign regulations pertaining to multiple-family dwellings
shall be the same as those applying in the A-1 Apartment
District.
{v) Where there is an established neighborhood conmercial 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 each principal entrance. No such sign shall
have more than two {2} faces, neither of which shall exceed
thirty-two {32) square feet of surface area. Such
center identification sign shall contain only the name
of the center.
(vi} 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 lot line shall have
no more than one sign not exceeding sixteen {16) feet of
surface area.
Beacon lights or search lights may be permitted for
purposes of advertisement of special events for a period
not in excess of forty-eight {48} hours.
To facilitate occupancy in a new'neighborhood commercial
center containing at least forty thousand (40,000)
square feet of land area, there shall be not more than
one {1) temporary sign, which shall not exceed thirty-
two (32) square 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.
{ix} The provisions of this section shall be deemed to be
severable, and if any of the provisions hereof be adjudged
to be invalid or unenforceable, the remainder of this
section shall remain in full force and effect and its
validity shall remain unimpaired.
116
Sec. 906. Off-street parking regulations.
Parking shall be required for all uses and structures permitted in
the B-1 through B-4 Commercial Districts in accordance with section
203. For single family attached {townhouse) developments, no parking
area on any lot shall exceed farther than twenty {20) feet from the
right-of-way line and no area within a garage, or an enclosed or covered
space shall be counted toward meeting off street parking requirements.
117
ARTICLE 10. INDUSTRIAL DISTRICTS
Sec. 1000. Legislative intent.
The purpose of the I-1 Light Industrial District is to permit
light industrial uses, wholesaling, storage, packaging, distribution,
and retailing restricted primarily to operations requiring bulk deliveries
by truck or van in locations served by major transportation networks
and in areas where employment centers close to residential concentrations
will reduce traffic congestion and add to public convenience but moving
places of work closer to places of residence. The purpose of the I-2
Heavy Industrial District is to permit industrial operations, wholesaling,
warehousing and distribution in areas suitable for these functions.
Sec. 1001. Use regulations.
(a) Principal and conditional uses.
The following chart lists those uses permitted within the I-1 and
I-2 Industrial Districts. Those uses and structures in the respective
industrial districts shall be permitted as either principal uses indicted
by a P or as conditional uses indicated by a C. Uses and structures
indicated by an X shall be prohibited in the respective districts. No
uses or structures other than as specified shall be permitted.
Use I-1 I-2
Airports, heliports and helistops; P P
Automobile service stations, provided that
where there is an adjoining residential or
apartment district without an intervening
street, alley or permanent open space over
twenty-five (25) feet in width and where
lots separated by the district boundary have
adjacent front yards, a six (6) foot solid
fence shall separate the automobile service
station use from the adjacent residential
district and no ground sign shall be within
fifty (50) feet of the residential or
apartment district; C C
Automotive rental, parts and supply stores;
provided that no outside storage is included
(excluding operative equipment); P P
Automotive repair garages; X P
Borrow pits; C C
Bulk storage yards and building contractor's
yards; provided that no sale or processing.
of scrap, salvage, or secondhand material
shall be permitted in such yards; and,
provided further that additional requirements
as listed in Section 228 are met. C P
Business, medical, financial, nonprofit,
professional and similar office buildings; P P
118
J
J
Use I-1 I-2
Car wash facilities, provided that: (i) No
water produced by activities on the
zoning lot shall be permitted to fall
upon or drain across public streets or
sidewalks or adjacent properties; (ii) A
minimum of three (3) off-street parking
spaces for automobiles shall be provided
for each car wash space within the facility. C X
Collection depots for recyclable materials; C X
Eating and drinking establishments; P P
Establishments such as linen suppliers, freight
movers, communication services and canteen
services; P P
Establishments which deliver merchandise in
bulk by truck or van; P P
Explosives manufacturing, storage and
distribution; X C
Facilities for construction, maintenance and
repair of vessels; X P
Heavy equipment sales and service; P P
Hotels and motels; provided the following
conditions are met: (i) Frontage shall be
on a major or secondary street or highway;
(ii) The minimum lot size shall be forty
thousand (40,000) square feet and a
minimum lot width of one hundred fifty
(150) feet: (iii) Density regulations of
the H-! Hotel District shall apply; (iv)
Accessory uses shall be limited to eating
and drinking establishments, gift shops
and travel agencies; (v) Parking requirements
of at least one space per one (1) lodging
unit shall be provided in addition to
the requirements for an accessory use;
(vi) Front yards shall have a minimum
depth of thirty (30) feet and,
except for necessary driveways, shall be
maintained in landscaping and shall not
be used for parking; (vii) Signs shall
conform to the sign requirements applicable
within H-1 Hotel District regulations. C X
119
Use I-1 1-2
Manufacturing, processing, extracting, packaging
or fabricating establishments; provided
that the following uses shall not be allowed:
(i) Explosive manufacturing, storage
and distribution; (ii) Petroleum processing;
(iii) Processing or outside storage of
salvage, scrap or junk; P P
Military installations; X P
Mobile home sales; P P
Motion picture studios; P P
Petroleum processing; X C
Piers wharves and docks; X P
Printing, lithographic or publishing
establishments; P P
Public buildings and grounds; P P
Public schools, colleges and universities, and
private schools, colleges and universities
having similar academic curriculums; C X
Public utilities installations and substations
including offices; provided storage or
maintenance facilities shall not be
permitted; and provided, further, that
utilities substations, other than individual
transformers, shall be surrounded by a
wall, solid except for entrances and
exits, or by a fence with a screening
hedge five (5) to six (6) feet in height;
and provided also, transformer vaults for
underground utilities and the like shall
require only a landscaped screening hedge,
solid except for access opening; P P
Public utility transformer stations and major
transmission lines and towers (fifty
thousand (50,000) volts or more); C C
Radio or television transmission and relay
stations; C C
Recreational facilities of an outdoor nature,
which may be partially or temporarily
enclosed on a seasonal basis with approval
of city council, except that riding academies
and recreational campgrounds shall not be
allowed as a conditional use or otherwise; C X
Recreational facilities other than those of an
outdoor nature P P
Repair establishments; provided that no outside
storage is included (excluding mobile
operative equipment}; P P
120
]
Use I-1 I-2
Ship supply establishments and facilities; X P
Storage or processing of salvage, scrap or junk X C
Terminals for freight or passengers arriving
or departing by ship; X P
Vocational, technical, industrial and trade
schools. P P
Wholesale and retail establishments dealing
primarily in bulk materials delivered by
ship, or by ship and railroad or ship and
truck in combination. X P
Wholesaling, warehousing, storage or distribution
establishments; P P
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to principal
uses and structures, including, but not limited to, retail establishments,
dwelling or lodging units for occupancy by owners, guards or caretakers;
provided that such dwelling or lodging units shall be located above or
behind principal uses in such a way that they do not interrupt commercial
or industrial frontage.
Sec. 1002. Dimensional requirements.
The following chart lists the requirements within the I-1 and I-2
Industrial Districts for minimum lot area, width, yard spacing and maximum
floor area ratio for all uses and structures.
INDUSTRIAL DISTRICTS
I-1 I-2
(1) Minimum lot area in square feet: 20,000 20,000
(2) Minimum lot width in feet: 100 100
(3) Minimum front yard setback in feet: 30 30
(4) Minimum side yard setback in feet
unless a greater setback is required
by Section 1003: 0 0
(5) Minimum side yard setback adjacent to a
street in feet: 30 30
(6) Minimum rear yard setback in feet
unless a greater setback is required
by Section 1003: 0 0
(7) Maximum floor area ratio: 2.5 2.5
121
Sec. 1003. Landscape screening and buffering regulations.
For the I-1 and I-2 Commercial Districts the following landscape
screening and buffering regulations shall apply:
(a) When a zoning lot within a I-1 Industrial District adjoins a
residential or apartment district without an intervening street, alley
or body of water over twenty-five (25) feet in width a twenty-five (25}
foot minimum yard shall be required along all lot lines adjoining the
residential or apartment district. Category II landscape screening
shall be required within the yard area. No other uses or structures
shall be permitted in such yards.
(b) When a zoning lot within a I-2 Industrial District adjoins a
residential or apartment district without an intervening street, alley
or body of water over twenty-five (25) feet in width a twenty-five (25)
foot minimum yard shall be required along all lot lines adjoining the
residential or apartment district. Category VII screening shall be
required within the yard area. No other uses or structures shall be
permitted in such yards.
(c) When a zoning lot within a I-2 Industrial District adjoins a
H-1 Hotel District, 0-1 or 0-2 Office District, B-1 or B-lA Business
District without an intervening street, alley or body of water over
twenty-five (25) feet in width a fifteen (15) foot minimum yard shall
be required along all lot lines adjoining the office district. Category
IV landscape screening shall be required within the yard area. No
other uses or structures'shall be permitted in such yards.
Sec. 1004. Height regulations'.
(a) No portion of building or other structure located on zoning
lot which is adjacent to a street within the I-1 or I-2 Industrial
District shall exceed a height equal to twice the distance from such
structure to the vertical projection of the center line of such street.
(b} Where a zoning lot within the I-1 or I-2 Industrial District
adjoins the side or rear yard of a zoning lot in a residential, apartment
or hotel district without an intervening street, alley or body of water
over twenty-five {25} feet in width, the following maximum height
regulations shall apply on the industrial zoning lot. In cases where
more than one of the following apply, the most restrictive shall apply
to the entire lot.
(1). When adjacent to a Residential District the maximum height
shall be thiry-five (35) feet.
(2) When adjacent to an A-12 or A-18 Apartment Districts the maximum
height shall be thirty-five (35) feet.
(3) When adjacent to A-24 Apartment District the maximum height
shall be forty-five (45) feet.
(4) When adjacent to A-36 Apartment District the maximum height
shall be one-hundred and twenty (120) feet.
122
(c) Notwithstanding the above, no building or other structure
shall exceed the height limit established by section 202(b) regarding
air navigation.
Sec. 1005. Sign regulations.
In the I-1 and I-2 Industrial Districts signs shall be permitted as
follows:
(a) For each forty (40) feet of frontage and for 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 surface area of signage shall be permitted; provided, however, that
no establishment shall have more than four (4) signs of which one may
be a free-standing sign; and provided further, that no establishment
having a frontage less than of one hundred (100) feet or less shall
have a free-standing sign. No establishment having a frontage at least
one hundred (100) feet but less than or equal to two hundred (200) feet
shall have a free-standing sign exceeding thirty-two (32) square feet
of surface area per face, and no establishment having a frontage of
more than two hundred (200) feet shall have a free-standing sign exceeding
seventy-five (75) square feet of surface area per face. No free-standing
sign shall exceed two (2) faces , 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 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 occupying such 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 be erected at each principal entrance to facilitate occupancy.
123
In an industrial park containing a minimum of ten (10) acres 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.
Sec. 1006. Off-street parking regulations.
Parking shall be required for all uses and structures permitted in
the I-1 and I-2 Industrial Districts in accordance with section 203.
]
124
ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS
Sec. 1100. General legislative intent.
It is the intent not to create additional PD-H1 or PD-H2 Districts,
or to enlarge the limits of existing PO-H1 or PD-H2 Districts. It is
only the intent of this Article to recognize those areas currently
developed, being developed, or proposed for development under planned
unit development regulations as zoned PO-H1 or PO-H2.
A. PO-H1 PLANNED UNIT DEVELOPMENT DISTRICT
Sec. 1110. Land use regulation.
(a) The land use plan approved by city council, or as modified, for
each planned unit development project shall govern the development, and
all land uses shall be in accordance with it.
(b) Modifications to the land use plan by city council shall be
in the manner of a zoning change.
(c) Within a PD-H! District, all of the principal uses and structures
permitted within an A-12 Apartment District other than hospitals and
sanitariums, together with the following enumerated uses and structures,
shall be permitted:
(1) Fraternity and sorority houses, student dormitories and student
centers;
(2) Homes for the aged, disabled or handicapped, including
convalescent or nursing homes and maternity homes;
(3) Marinas;
(4)
Private clubs or social centers provided that clubs where
conduct of commercial affairs is a principal activity shall
not be permitted.
(d) Other uses may be permitted if specifically approved as part
of the plan, provided that the areas and structures occupied shall be so
located and designed as to protect the character of the surrounding
property and shall not in combination occupy more than five (5) percent
of the land area of the district, and provided further that convenience
establishments and shopping centers shall be subject to additional
requirements as herein specified:
{1) Commercial areas of less than three (3) acres.
(i) Such establishments and their parking areas shall not occupy
more than two and one-half (2.5) percent of the land
area of the development.
(ii) Such establishments shall be limited to those principal
uses permitted in the B-lA Business District.
125
{iii)
(iv)
(v)
Such establishments shalJ be so located, designed and
operated as to serve primarily the needs of persons
within the district and not persons residing elsewhere.
Off-street parking shall be required for all uses and
structures permitted in accordance with section 203.
Loading requirements shall be in accordance with section
204.
No building permit for any convenience establishment
shall be issued nor may any building be used for a
convenience establishment before building permits for at
least one hundred (100) dwelling units within a radius
of one thousand (1,000) feet of the proposed establishment
have been issued.
(2) Commercial areas of three (3) acres or more.
(i) Such centers shall be included as an integral part of the
PD-H1 District.
{ii) Such centers shall have direct access to no less than a
secondary street and shall be located and designed without
creating congestion or traffic hazards on any street.
(iii} Design of parking and service areas, entrances, exists,
yards, courts and landscaping shall preserve the residential
character of the PD-HI District and of any adjoining
residential district.
{iv) Shopping center parking and service area~ and accessways
may serve other nonresidential uses in the vicinity, if
such multiple use will not lead to congestion or the
creation of hazards to pedestrian or vehicular traffic.
{v) No building permit for any shopping center shall be issued
prior to construction of at least two hundred fifty {250)
dwelling units in the PD-H1 project.
{vi) Off-street parking requirements shall be as specified in
the Section 203.
(vii) Such centers shall be limited to those principal uses
permitted in the B-2 Community Business District.
Sec. 1111. Density requirements.
The maximum density per gross acre
forth (4.25) dwelling units per acre.
shall not exceed
four and one-
Sec. 1112. Housing requirements.
In order to create a diversified, interesting .and attractive complement
to the city and provide visual satisfaction to the general public as
well as to offer varying living opportunities to future residents, the
following housing restrictions shall apply:
(a) Dwellings, single-family. A variety of lot sizes and dwelling
types is desirable. Single-family dwellings shall comprise at least
forty-five (45) percent of the dwelling units.
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Remaining property devoted to housing shall be divided among
(b)
at least two (2) other dwelling unit types, among which may be:
(1) Duplex;
(2) Townhouses;
(3) Multiple-family;
(4) Semi-detached.
B. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT
Sec. 1120. - Sec. 1122. Reserved.
Sec. 1123. Minimum tract size.
The minimum tract size for PD-H2 development shall be five (5)
acres.
Sec. 1124. PD-H2 land use plan.
The land use plan shall provide for development of the property
within the PD-H2 District in a manner which is compatible with the
development and zoning of the land adjacent to the district. The land
use plan shall show how the proposed development of the property would
differ from that which would otherwise be permitted in the underlying
zoning district and the public benefit to be gained by developing the
property in a PD-H2 District.
The land use plan shall provide the following:
(a) Location of proposed streets;
(b) Proposed number of dwelling units;
(c) Total acreage of the site;
(d) Proposed housing types, location of areas devoted to each housing
type, acreage and number of units for each such area, and the minimum
lot size proposed for each area and housing type;
(e) Location and nature of other proposed uses;
(f) Location of proposed open spaces, public sites, and recreational
areas, nature of recreational facilities proposed, and means of maintenance
of such;
(g) Regulations governing the height, setback requirements, off-
street parking requirements and sign restrictions for each area within
the PD-H2 project.
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When adopted, the PD-H2 land use plan shall serve as a supplement
to and, where they conflict, as a replacement for, the zoning regula-
tions of the underlying district. The land use plan shall not, however,
supplement or replace any of the requirements of the Subdivision Ordinance.
Sec. 1125. Allowed uses.
Within the PD-H2 District, only the following uses and structures
shall be permitted:
{a) Principal uses and structures:
(1) Dwelling units of the types specified in the land use plan;
{2) Public buildings, structures, and other public uses;
(3} Recreational facilities of the type described in the plan;
(4) Child care education centers, in connection with public or
private elementary schools or churches, provided that such
uses shall not be eligible for residential density credit;
{5) Child care centers, provided that such uses shall not be
eligible for residential density credit;
{6) Public utilities installations and substations; provided
offices or storage or maintenance facilities shall not be
permitted;.and, provided, further, that utilities substations,
other than individual transformers, shall be surrounded by a
wall, solid except for entrances and exits, or by a fence
with a screening hedge five (5) to six (6) feet in height;
and provided also, transformer vaults for underground utilities
and like uses shall require only a landscaped screening
hedge, solid except for access opening.
(b) Accessory uses. Uses which are customarily accessory and clea~y
incidental and subordinate to the principal uses shall be allowed as
accessory uses.
(c) Conditional uses.
(1) Churches, provided that such use shall
residential density credit;
not be eligible for
(2) Family care homes; foster homes and group homes,
that such uses shall not be eligible for residential
credit;
{3) Home occupations.
Sec. 1126. Housing types and density.
provided
density
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Housing types and density for the various areas within the PD-H2
project shall be as specified on the land use plan. However, the
overall density for the PD-H2 project shall not exceed that which could
be achieved with conventional subdivision in the underlying district.
or that indicated in the following table, whichever is greater.
Underlying
Zoning District
Density
(Dwelling Units/
Acres)
R-40 .8
R-30 1.1
R-20 1.7
R-15 2.25
R-lO 3.0
R'-7.5 3.5
R-5D 6.0
R-2.5 9.0
A-12 12.0
A-18 18.0
A-24 24.0
A-36 36.0
The overall area of the PD-H2 project shall be construed as including
any areas rezoned to P-1 or dedicated as a public site in conjunction
with the project.
Sec. 1127. Open space, public sites, and recreation areas.
Maintenance and ownership of open space, public sites, and recrea-
tional areas in the PD-H2 District shall be as specified in the land
use plan or in the accompanying documents, and shall consist of one of
the following:
(a) Homeowners association. It a homeowners' association is to
assume ownership of the open space, then it shall bear all responsibility
for maintenance of the land and all structures thereon. All landowners
in the PD-H2 District shall be members of the homeowners' association.
There shall be restrictive covenants recorded which prohibit use of the
subject land for any purpose but recreation and open space use. Such
covenants shall run with the land and be in full force and effect for a
period of at least fifty (50) years. These covenants shall become part
of the deed to each lot or parcel within the development. Such covenants
shall be approved by the city attorney and recorded before the first
building permit in the project is issued. A rezoning petition to P-1
Preservation District including all land to be owned and maintained by
the homeowners' association shall be approved before any subdivision
plat of the property within the PD-H2 District is approved for recordation
or any building permit issued.
(b) Ownership by other public or private entity. Ownership of
the open space may be by another public or private entity. In this
event, a rezoning petition to P-1 Preservation District, including all
land to be owned and maintained by the subject entity, shall be approved
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before any subdivision plat of the property within the PD-H2 District
is approved for recordation or any building permit issued. Such entity
shall be responsible for all maintenance of the open space, and shall
make the use and enjoyment of the open space available to all residents
of the PD-H2 project. Additionally, restrictive covenants as in (a),
above, shall be filed prohibiting the use of the subject land for any
purpose but recreation and open space use.
(c) Dedication to the city. The open space may be dedicated to the
city as a public site but only upon the concurrence of the City Council.
If the dedication is accepted, the public site shall be maintained by
the city as open space, except that City Council after having received
recommendations from the City Manager may designate portions of public
sites for use other than an open space, provided the remaining amount
of property maintained as open space is not less than fifty {50) percent
of the amount of property which would have been reserved pursuant to
the subdivision ordinance for recreational purposes if the property in
the PD-H2 District had been developed according to the underlying zoning
district.
Except for public sites, open space shall only be used in its
natural state or for recreational related uses. No structure shall be
erected for maintenance or recreational purposes. The combination of
open space and public sites provided shall be a minimum of fifteen (15}
percent of the gross acreage of the tract of land, and shall not include
lakes, floodways, or other bodies of water.
Sec. 1128. ChangeS'to approved plan.
Any changes to housing type, density, allowed uses, or location of
any of the elements, or other aspects of the land use plan, where the
change is not clearly in keeping with the concept of the plan as approved
by City Council, shall require an amendment to the PD-H2 land use plan.
Such amendments shall be approved only in the manner of approval of the
original land use plan. Changes which clearly are in keeping with the
concept of the plan as approved by City Council may be made by the
planning director.
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ARTICLE 12. FLOODPLAIN REGULATIONS
Sec. 1200. Legislative intent.
The purpose of this article is to establish and identify those
areas to be known as the floodplain and which would be subject to
special regulations. These regulations are intended to implement a
policy of protecting the natural floodplains in the city by requiring
that any filling operations taking place maintain the same flood storage
capability and storm water flow characteristics as those that naturally
exist. The purpose of establishing such areas is to protect life and
property, to reduce public costs for flood control, rescue and relief
efforts, and construction and maintenance of man-made drainage facilities,
to preserve the highest possible level of water quality in the waterways
of the area, and to support and conform to the National Flood Insurance
Program.
Sec. 1201. Definitions.
For the purpose of this article,
defined as herein indicated:
the following terms shall be
Coastal high hazard area. The area subject to high velocity
waters, including but not limited to hurricane wave wash or tsunamis.
The area is designated on a flood insurance rate map {FIRM) as Zone
V1-30.
Flood. A general and temporary condition of partial or complete
inundation of normally dry land areas from:
{a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface waters
from any source.
(c) Mudslides {i.e., mudflows) which are proximately caused or
precipitated by accumulations of water on or under the ground.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining
cased by waves or currents of water exceeding anticipated
cyclical levels or suddenly caused by an unusually high water
level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual
and unforeseeable event which results in flooding as defined
in {a) of this section.
Floodplain. That land area adjoining a river, stream, watercourse,
ocean, bay, or lake, which is subject to inundation. Floodplains shall
be determined as the land situated below the elevation of:
{a) that recorded by the maximum elevation of the flood water of
record;
{b) the intermediate flood level as determined by the U.S. Army
Corps of Engineers; or
(c) the flood level as determined by the department of public
works, whichever is greater.
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Any changes in the delineation of the intermediate flood level are
subject to approval by the federal insurance administrator. A floodplain is divided into two {2) areas:
(1} Floodway. A natural watercourse with definite bed and banks
to confine and conduct flood flows. The top of the banks
form the dividing lines between the floodway and the flood
fringe. Floodway lines must be established in such a manner
that some loss of storage and hydraulic conveyance attributable
to guiding future development outside the floodway will not
increase flood heights more than applicable regulatory standards.
Pending floodway delineations from a storm drainage master
plan, minimum natural floodways shall be identified by the
city soil scientist.
{2) Flood fringe. The relatively flat area or low lands adjoining
a floodway which has been or may infrequently be covered by
flood water.
Lowest floor. The lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other
than a basement area, is not considered a building~s lowest floor,
provided that such enclosure is not built so as to render the structure
in violation of the applicable non-elevation design requirements of
this article.
Manufactured home. A structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use
with or without a permanent foundation when connected to the required
utilities. For floodplain management purposes, the term "manufactured
home" also includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than one hundred eighty {180)
consecutive days. For insurance purposes the term "manufactured home"
does not include park trailers, travel trailers, and other similar
'vehicles.
Manufactured home park or subdivision. A parcel or contiguous
parcels of land divided into two or more manufactured home lots for
rent or sale.
One-hundred-year flood. The flood having a one percent chance of
being equalled or exceeded in any given year, also referred to as "base
flood" or intermediate level flood.
Regulatory floodway. The channel of a river or other watercourse
and the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height.
Start of construction. Includes substantial improvement, and
means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, placement, or other
improvement was within one hundred eighty {180} days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of a slab or
_]
]
132
footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the placement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure.
Sec. 1202. Establishing the floodplain areas.
The floodplain shall include areas subject to inundation by waters
of the one-hundred-year flood. The basis for the delineation of these
areas shall be the flood insurance study for the City of Virginia Beach
prepared by the U.S. Federal Emergency Management Agency, Federal
Insurance Administration, dated July 17, 1984, and subsequent revisions.
Any land included within a floodplain shall be subject to the use
regulations and the special requirements relating to floodways and
flood fringes as set forth in this article, provided that any permitted
development is further subject to all federal and state rules and
regulations. The floodplain shall be established in conformance with
the definition of floodway and flood fringe.
(a) The "regulatory floodway" is delineated for purposes of this
article using the criteria that a certain area within the floodplain
must be capable of carrying the waters of the one-hundred-year flood
without increasing the water surface elevation of that flood more than
one-foot at any point. These areas are specifically defined in Table 4
of the above referenced flood insurance study dated July 17, 1984, and
shown on the accompanying flood boundary and floodway map, which is a
part of the flood insurance study which is declared to be a part of
this article and which shall be kept on file at the office of the city
engineer.
(b) The flood fringe shall be that area of the one-hundred-year
floodplain not included in the floodway. The basis for the outermost
of this area shall be the one-hundred-year flood elevations contained in
the flood profiles of the above referenced flood insurance study and as
shown on the above referenced flood boundary and floodway map.
(c) The approximated floodplain shall be that floodplain area for
which no detailed flood profiles or elevations are provided, but where
a one-hundred-year floodplain boundary has been approximated. Such
areas are shown on the maps accompanying the above referenced flood
insurance study. In determining the necessary elevations for the
purposes of this article, the City Engineer shall obtain, review and
reasonably utilize any base flood elevation and floodway data available
from a Federal, State, or other source, as criteria for requiring that
new construction, substantial improvements, or other development in
Zone A comply with the provisions of section 1204 of this article. Such
sources of data include:
(i) Corps of Engineers - Floodplain information reports.
(ii) U.S. Federal Emergency Management Agency Flood insurance
rate maps and flood boundary and floodway maps.
133
(iii) U.S. Geological Survey - Floodprone quadrangles.
(iv) City of Virginia Beach soil scientist - Flood hazard analyses.
(v) Known high water marks from past floods.
(vi) Other sources; e.g., hydrologic and hydraulic analysis by
professional engineer.
(d) The coastal high hazard area shall be those portions of the
floodplain subject to inundation by high velocity waters and wave
action and identified as V zones on the maps accompanying the above
referenced flood insurance study.
(e) Where no regulatory floodway has been mapped, the ~oodw~ shall
be deemed to consist of any and all areas of marsh, swamp, or permanently
saturated soils as further defined in section 1201 of this article.
(f) Initial interpretations of the boundaries of the ~oodplain shall
be made by the city engineer. Any person aggrieved by the decision or
determination of the city engineer may appeal same to the board of
zoning appeals. Such appeal shall be taken within thirty {30} days
after the decision appeal ed, by filing the appropriate notice as referenced
in section 15.1-496.1 of the Code of Virginia.
Sec. 1203. Use regulations.
All uses, activities, and development occurring within any floodplain
shall be undertaken only upon the issuance of a permit. Such development
shall be undertaken only in strict compliance with the provisions of
this article and with all other applicable codes and ordinances such as
the Virginia UniformStatewide Building Code. Prior to the issuance of
any such permit, the permit official shall require all applications to
include compliance with all applicable state and federal laws.
Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any
watercourse, drainage ditch, or any other drainage facility or system.
Prior to any proposed alteration or relocation of any channel or
of any watercourse, stream, etc., the Virginia Marine Resources Commission
shall be notified. Further, notification of the proposal shall be
given to all affected adjacent municipalities. Copies of such
notifications shall be forwarded to both the Virginia Marine Resources
Commission and the U. S. Federal Emergency Management Agency, Federal
Insurance Administration.
{a) In the floodway areas of the floodplain, the following uses and
structures may be permitted, subject to the requirements of this article:
(1) Public and private outdoor recreational facilities;
(2)
Agricultural uses, including farming, grazing and the raising
of poultry or livestock; provided, that poultry or livestock
shall not be housed within five hundred (500) feet of any
residential, apartment or hotel district.
(3) Open uses, such as off-street parking or loading and unloading
areas related to uses in adjoining districts;
134
(4) Commercial mining, soil removal and sand pits, subject to
regulations applicable to extractive industries as set forth
in the conditional use provisions;
(5) Public improvements, such as dams, levees and channel
improvements, and utilities installations an substations,
including temporary storage of materials, except flammable,
toxic or noxious materials, and temporary location of maintenance
installations;
(6) Uses and structures customarily accessory and clearly incidental
and subordinate to uses listed above, including in connection
with agricultural uses: Roadside stands for the sale of
agricultural products produced on the premises; provided that:
(i) Only one such stand shall be permitted per lot,
(ii) No such stand shall exceed five hundred (500) square
feet in floor area, and
(iii)No such stand on the street frontage shall be erected
within twenty (20) feet of the property line.
(b) In the flood fringe and approximated floodplain areas of the
floodplain, land shall be subject to the use regulation of the appropriate
zoning district as well as the special regulations relating to flood
fringe and approximated floodplain as set forth in this article.
Sec. 1204. Special requirements applicable to the floodplain.
{a) Regulation of floodways. Any provision to the contrary
notwithstanding, no Use or structure or substantial improvement to
existing structure shall be permitted in any floodway, if such use or
structure or substantial improvement will adversely affect normal flood
flow, or will increase flooding of lands above or below the property,
or will increase erosion within or adjoining to floodway, or will cause
diversion of flood waters in any manner more likely to create damage than
does flow in a normal course, or will increase peak flows or velocities
in a manner likely to lead to added property damage or hazards to life,
or will increase amounts of damaging materials (including those likely
to be injurious to health) which might be carried downstream in floods.
Encroachments, including fill, new construction, substantial improvements,
and other development within the regulatory floodway that would result
in any increase in flood levels within the community during the occurrence
of the base flood discharge is specifically prohibited. No variance
shall be granted for any development, use, or activity within any
regulatory floodway that would cause any increase in flood heights.
{b) Regulation of flood fringes and approximated floodplain.
Every structure or substantial improvement to an existing structure
permitted in the flood fringe and approximated floodplain shall be so
located, elevated, and constructed as to resist flotation and to offer
minimum obstruction to flood flow. The lowest floor {including basement)
of every structure shall be a minimum of one foot above the elevation
of the floodplain except as provided for in section 4.1.B.4. of the site
plan ordinance. No use shall be permitted if such use will increase
the amounts of potentially damaging materials (including those likely
to be injurious to health) which might be carried downstream in floods.
135
Electrical, heating, ventilation, plumbing, and air-conditioning
equipment and other service facilities shall be designed and/or located
so as to prevent water from entering or accumulating within the components
during conditions of flooding.
For all new construction and substantial improvements, fully enclosed
areas below the lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
{i} A minimum of two openings having a total net area of not less
than one square inch for every square foot of enclosed area
subject to flooding shall be provided.
{ii} The bottom of all openings shall be no higher than one foot above
grade.
{iii} Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic
entry and exit of floodwaters.
{c) Floodplains subject to special restrictions. Notwithstanding
provisions of this article to the contrary, there shall be no filling
permitted for the purpose of altering the contour of the land and that
would decrease the flood storage capacity or adversely affect storm
water flow conditions as determined upon review by the city engineer
except for the purpose of roadway construction or other similar public
works construction, and except to provide the minimum amount of fill to
assure adequate functioning of a septic tank system, in any of the
following floodplains:
1} North Landing River and its tributaries south of
Lynnhaven Parkway;
2) West Neck Creek and its tributaries south of Shipps Corner Road
and London Bridge Road; and
3} Bays, creeks, lakes, guts, coves, marshes and swamps and
their tributaries comprising the Back 8ay watershed south of
South Birdneck Road and east of Princess Anne Road and General
Booth Boulevard.
Sec. 1205. Special requirements applicable to coastal areas.
Sand dunes, barrier beaches and other natural protective barriers
shall remain intact to provide protection against wind, waves, and
erosion drainage. Removal of such barriers will be allowed only if the
landowner agrees to construct artificial barriers in their place, such
as seawalls, bulkheads, jetties, or groins, providing an equal or
greater protection from wind, wave and water action.
{a} 6oastal high hazard area. In the coastal high hazard area {Zones
V1-30}, the following regulations shall apply in addition to the
regulations cited above:
{1) No land below the level of the one-hundred-year tidal flood
may be developed unless the new construction or substantial
improvement:
136
{i) Is located landward of the reach of the mean high tide;
{ii} Is elevated on adequately anchored piles or columns, and
securely anchored to such piles or columns so that the
lowest portion of the structural members of the lowest
floor is elevated to at least one foot above the one-
hundred-year tidal flood level;
(iii}Has been certified by a registered professional engineer
or architect that it is securely anchored to adequately
anchored pilings or columns in order to withstand velocity
waters and hurricane wave wash;
{iv} Has the space below the lowest floor either free of
obstruction or constructed with non-supporting breakaway
walls, open wood lattice-work, or insect screening
intended to collapse under wind and water loads without
causing collapse, displacement, or other structural
damage to the elevated portion of the building or supporting
foundation system. For the purposes of this article a
breakaway wall shall have a design safe loading resistance
of not less than ten {10) and no more than twenty {20}
pounds per square foot. Use of breakaway walls which
exceed a design safe loading resistance of twenty {20)
pounds per square foot {either by design or when so
required by local or State codes) may be permitted only
if a registered professional engineer or architect
certifies that the designs proposed meet the following
conditions:
{i) breakaway wall collapse shall result from a water
load less than that which would occur during the
base flood; and
{ii) the elevated portion of the building and supporting
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the
effects of wind and water loads action simultaneously
on all building components (structural and non-
structural). Maximum wind and water loading values
to be used in this determination shall each have a
one percent chance of being equalled or exceeded in
any given year (one-hundred-year mean recurrence
interval}. Such enclosed space shall be usable
solely for parking of vehicles, building access, or
storage.
(v) Does not utilize fill for structural support of buildings
or structures.
(2)
In the coastal hazard area of the floodplain, land shall be
subject to the use regulations of the appropriate zoning
district, as well as the special regulations relating to
coastal high hazard areas as set forth in this article.
Existing nonconforming uses and/or structures located on land
below the level of one-hundred-year tidal flood shall not be
expanded.
(3} The man-made alteration of sand dunes which would increase
potential flood damage is prohibited.
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ARTICLE 13. HISTORIC AND CULTURAL DISTRICT
Sec. 1300. Legislative intent.
The purpose of this article is to provide the vehicle by which
certain areas, structures and objects within the city that have historic
and cultural significance may be preserved and protected.
Sec. 1301. Establishment.
{a} Action by the planning director. The planning director shall
prepare proposed ordinances for the establishment of historic and
cultural districts. Each proposed ordinance shall be accompanied by a
written report which shall include:
(1} An analysis of existing structures by a period of construction,
historic significance, architectural style, condition, present
use, assessed valuation, location on lot, location of yards and
other open spaces, access to interior of the block, off-street
parking provided and other pertinent matters. In addition to a
general analysis, two (2) specific and detailed classifications
shall be established:
{i) A classification of individual structures and premises deemed
desirable for preservation, with maps, photographs and other
data indicating why such structures and premises should be
preserved.
(ii) A classification of existing structures, premises and uses
likely to have an adverse effect on the desired character of
the district, with maps, photographs, and other data indi-
cating the reason for such classification.
(2) An analysis of lands not occupied by structures. Ownership, use
and location of such lands shall be indicated and recommendations
made as to possible actions which should be taken and encouraged.
(3) Recommendations concerning detailed regulations to be applied
within -the district (and its subdivisions, if there are reasons
for subdividing it for regulatory purposes) and within its
transitional areas, including permitted and prohibited principal
and accessory uses and structures; minimum lot, yard and building
spacing requirements; maximum lot coverage by all buildings;
maximum height of structures; off-street parking and loading
requirements; control of signs and exterior character of buildings
and landscaping and general appearance of premises and unoccupied
lands; and control of additions to or removal of existing build-
ings.
(4) Such report may also include known plans for public or private
action in or adjoining the district and likely to affect its
character.
138
(b) Action by the planning commission. The planning commission
shall review such proposed ordinances and the accompanying reports.
The commission shall transmit such ordinances and reports together with
its recommendations through the planning director to the city council
for its consideration and action. The commission shall recommend
approval in whole or in part, with or without modifications, or shall
recommend rejection thereof.
(c) Action by city council. The city council shall create a
Historic and Cultural District by ordinance, if it finds that the
district is in fact of historic or cultural significance.
Sec. 1302. Applicability of regulations.
In addition to the regulations set forth in the ordinance creating
the Historical and Cultural District, the underlying regulations of the
zoning district within which the Historic and Cultural District area is
situated shall continue to remain applicable; provided that, if any
conflict occurs, the more restrictive provisions shall apply. In
addition thereto, any proposed development within a Historic and Cultural
District shall be subject to all the provisions of this article, including
the requirements of certificates of appropriateness.
Sec. 1303. Certificates of appropriateness.
(a) Requirements of certificates of appropriateness. Except as
provided in subsection (f), herein, no building permit shall be issued
for the construction, alteration or repair of any structure within a
Historic or Cultural District and no permit shall be issued for the
relocation or demolition of any structure within a Historic or Cultural
District, unless and until the planning director has issued a certificate
of appropriateness therefore.
(b) Materials to be submitted for review. The planning director
may require submission of any or all of the following: Architectural
plans, site plans, landscaping plans, proposed signs with appropriate
details as to location, size, number and character, proposed exterior
lighting arrangements, elevations of all portions of structures with
significant relation to public view, indications as to construction
materials, design of doors and windows, ornamentation and colors,
photographs or perspective drawings indicating visual relationship to
adjoining structures and spaces and such other exhibits and reports as
are reasonably necessary in making his determination as to appropriate-
ness.
(c) Grounds for issuance and denial of certificate of appropriate-
ness.
Issuance. The planning director shall issue a certificate of
appropriateness only if he finds that the proposal is, in fact,
appropriate to the character, appearance and efficient functioning
of the district and meets the requirements and objectives estab-
139
lished by the city council in creating the district. In issuing
his approval, the planning director may attach whatever conditions
he deems appropriate to fulfill the purposes of the district.
Each condition so attached shall be in conformity with all applicable
city ordinances and development standards.
{2) Denial. The planning director shall not issue a certificate of
appropriateness authorizing issuance of any permit, if he finds
that the action proposed would adversely affect the primary character
of the district or the setting of structures of public interest.
The planning director shall state his reasons for denial in writing.
Appeals from decisions of the planning director in such cases
shall be to the city council.
(d} Demolition. In the case of demolition, if preservation is
found to be physically or economically unfeasible, the planning director
shall issue the certificate forthwith. If preservation is found to be
physically and economically feasible, the planning director and the
historical review board shall take or promote the taking of whatever
public or private action seems likely to lead to such preservation,
either on the site on which the structure is located or on another site
to which it might appropriately be moved.
(f) Lack of action. If after sixty (60} days from the date of
receipt of the application (unless the owner of the property agrees to
an extension of time), the planning director or historical review board
has not taken final action upon the application, the building permit,
relocation permit, or'demolition permit shall be referred to the City
Council for action.
Sec. 1304.
General certificate of appropriateness for specified
classes of cases.
If the planning director finds, and the historical review board
concurs, that .particular materials, designs, architecture or other
structural characteristics are generally appropriate within the district,
it shall not be necessary to consider individual applications concerning
such matters, but building permits may be issued in accord with a
general certificate of appropriateness under specifications proposed by
the historical review board.
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ARTICLE I4. WETLANDS ZONING ORDINANCE
Sec. 1400. Intent.
The governing body of the City of Virginia Beach, acting pursuant
to Chapter 2.1 of Title 62.1 of the Code of Virginia, for the purposes
of fulfilling the policy and standards set forth in such chapter,
adopts this article regulating the use and development of wetlands.
Sec. 1401. Definitions.
For the purposes of this ordinance:
(a) "Commission" means the Virginia Marine Resources Commission.
(b) "Commissioner" means the Commissioner of Marine Resources.
(c) "Person" means any corporation, association, or partnership,
one or more individuals, or any unit of government or agency thereof.
(d) "Governmental activity" means any or all of the services provided
by the Commonwealth or the City of Virginia Beach to its citizens for
the purpose of maintaining public facilities and shall include but
shall not be limited to such services as constructing, repairing and
maintaining roads, sewage facilities, supplying and treating water,
street lights, and construction of public buildings.
(e) "Vegetated wetlands" means all that land lying between and
contiguous to mean low water and an elevation above mean low water
equal to the factor 1.5 times the mean tide range at the site of the
proposed project in the City of Virginia Beach; and upon which is
growing on July l, 1972, or grows thereon subsequent thereto, any one
or more of the following: saltmarsh cordgrass (Spartina alterniflora),
saltmeadow hay (Spartina patens}, saltgrass {Distichlis spicata), black
needlerush (Juncus roemerianus), saltwort (Salicornia spp.), sea lavender
(Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis
halimifolia), wax myrtle (Myrica sp.), sea oxeye {Borrichia frutescens),
arrow arum {Peltandra virginica), pickerelweed (Pontederia cordata),
big cordgrass {Spartina cynosuroides), rice cutgrass (Leersia oryzoides),
wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush
(Eleocharis sp.}, sea rocket (Cakile edentula), southern wildrice
(Zizaniopsis miliacea), cattails (Typha spp.), three-squares (Scirpus
spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium
distichum), black gum {Nyssa sylvatica) tupelo (Nyssa aquatica), dock
(Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea
purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus
moscheutos), beggar's tick (Bidens sp.), smartweeds (Polygonum sp.),
arrowhead (Sagittaria spp.), sweet flag {Acorus calamus), water hemp
(Amaranthus cannabinus), reed grass (Phragmites conmunis) and switch grass
(Panicum virgatum).
The vegetated wetlands of Back Bay and its tributaries and the
vegetated wetlands of the North Landing River and its tributaries shall
mean all marshes subject to flooding by normal tides, including wind tides,
provided this shall not include hurricane or tropical storm tides and
141
upon which one or more of the following vegetation species are growing
or grows thereon subsequent to the passage of this amendment: saltmarsh
cordgrass (Spartina alterniflora), saltmeadow hay (Spartina patens),
black needlerush (Juncus roemerianus), marsh elder (Iva frutescens),
groundsel bush (Baccharis halimifolia), wax myrtle {Myrica sp.), arrow
arum {Peltandra virginica), pickerelweed (Pontederia cordata), big
cordgrass {Spartina cynosuroides), rice cutgrass {Leersia oryzoides),
wildrice (Zizania aquatica), bulrush {Scirpus validus), spikerush
(Eleocharis sp.), cattails (Typha spp.), three-squares {Scirpus spp.),
dock (Rumex sp.), smartweed {Polygonum sp.), yellow pond lily (Nuphar
sp.), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos),
beggar's tick (Bidens sp.}, arrowhead (Sagittaria sp.), water hemp
(Amaranthus cannabinus), reed grass (Phragmites communis) and switch
grass {Panicum virgatum).
(f} "Wetlands board" or "Board" means a board created as provided
in 62.1-13.6 of the Code of Virginia.
(g) "Back Bay and its tributaries" means the following as shown
on the U.S. Geological Survey Quadrangle Sheets for Virginia Beach,
North Bay, and Knotts Island; Back Bay north of the Virginia-North
Carolina State line; Capsies Creek north of the Virginia-North Carolina
State line; Deal Creek; Devil Creek; Nawney Creek; Redhead Bay, Sand
Bay, Shipps Bay, North Bay, and the waters connecting them; Beggars
Bridge Creek; Muddy Creek; Ashville Bridge Creek; Hells Point Creek;
Black Gut; and all coves, ponds and natural waterways adjacent to
or connecting with the above-named bodies of water.
(h) "North Landing River and its tributaries" means the following
as based on United States Geological Survey Quadrangle Sheets for Pleasant
Ridge, Creeds, and Fentress: the North Landing River from the
Virginia-North Carolina line to Virginia Highway 165 at North Landing
Bridge; the Chesapeake and Albemarle Canal from Virginia Highway 165 at
North Landing Bridge to the locks at Great Bridge; all named and unnamed
streams, creeks and rivers flowing into the North Landing River and the
Chesapeake and Albemarle Canal except the following: West Neck Creek
north of Indian River Road; Pocaty River west of Blackwater Road;
Blackwater River west of its forks located at a point approximately
6400 feet due west of the point where the Blackwater Road crosses the
Blackwater River at the village of Blackwater; Millbank Creek west of
Blackwater Road.
{i) "Nonvegetated wetlands" means all that land lying contiguous
to mean low water and which land is between mean low water and mean high
water not otherwise included in the term "vegetated wetlands" as defined
herein and also includes those unvegetated areas of Back Bay and its
tributaries and the North Landing River and its tributaries subject to
flooding by normal tides including wind tides but not including hurricane
or tropical storm tides.
(j) "Wetlands" means both vegetated and nonvegetated wetlands.
]
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Sec. 1402. Uses.
The following uses of and activities on wetlands are permitted, if
otherwise permitted by law:
(a) The construction and maintenance of noncommercial catwalks,
piers, boathouses, boat shelters, fences, duckblinds, wildlife management
shelters, footbridges, observation decks and shelters and other similar
structures; provided that such structures are so constructed on pilings
as to permit the reasonably unobstructed flow of the tide and preserve
the natural contour of the wetlands;
(b) The cultivation and harvesting of shellfish and worms for bait;
(c) Noncommercial outdoor recreational activities, including
hiking, boating, trapping, hunting, fishing, shellfishing, horseback
riding, swimming, skeet and trap shooting, and shooting preserves;
provided that no structure shall be constructed except as permitted in
subsection {a) of this section;
(d) The cultivation and harvesting of agricultural, forestry or
horticultural products; grazing and haying;
(e) Conservation, repletion and research activities of the Virginia
Marine Resources Commission, the Virginia Institute of Marine Science,
the Department of Game and Inland Fisheries and other related conservation
agencies;
{f) The construction and maintenance of aids to navigation which
are authorized by governmental authority;
(g} Emergency decrees of any duly appointed health officer of a
governmental subdivision acting to protect the public health;
(h) The normal maintenance, repair or addition to presently
existing roads, highways, railroad beds, or the facilities of any
person, firm corporation, utility, federal, State, county, city or town
abutting on or crossing wetlands, provided that no waterway is altered
and no additional wetlands are covered;
(i} Governmental activity on wetlands owned or leased by the
Commonwealth of Virginia, or a political subdivision thereof; and
(j) The normal maintenance of man-made drainage ditches, provided
that no additional wetlands are covered; and provided further, that
this paragraph shall not be deemed to authorize construction of any
drainage ditch.
143
Sec. 1403. Applications for permits.
{a} Any person who desires to use or develop any wetland within
this city, other than for those activities specified in section 1402
above, shall first file an application for a permit with the wetlands
board directly or through the Commission.
(b) An application shall include the following: The name and
address of the applicant; a detailed description of the proposed activity
and a map, drawn to an appropriate and uniform scale, showing the area
of wetland directly affected, with the location of the proposed work
thereon, indicating the area of existing and proposed fill and excavation,
especially the location, width, depth and length of any proposed channel
and the disposal area; all existing and proposed structures; sewage
collection an treatment facilities, utility installations, roadways,
and other related appurtenances or facilities, including those on
adjacent uplands, and the type of equipment to be used and the means of
equipment access to the activity site; the names and addresses of
owners of record of adjacent land and known claimants of water rights
in or adjacent to the wetland of whom the applicant has notice; an
estimate of cost; the primary purpose of the project; any secondary
purposes of the project, including further projects; the public benefit
to be derived from the proposed project; a complete description measures
to be taken during and after the alteration to reduce detrimental offsite
effects; the completion date of the proposed work, project, or structure
and such additional materials and documentation as the wetlands board
may deem necessary.
(c) A nonrefundable processing fee to cover the cost of processing
the application, set by the applicable governing body with due regard
for the services to be rendered, including the time, skill and
administrator's expense involved, shall accompany each application.
Sec. 1404. Public inspection of permit applications, maps, etc.
All applications, maps, and documents relating thereto shall be
open for public inspection at the office of the city engineer.
Sec. 1405. Public hearing procedure on permit applications.
Not later than sixty (60) days after receipt of such application,
the wetlands board shall hold a public hearing on such application.
The applicant, the local governing body, the Commissioner, the owner
of record of any land adjacent to the wetlands in question, known
claimants of water rights in or adjacent to the wetlands in question,
the Virginia Institute of Marine Science, the Department of Game and
Inland Fisheries, the Virginia Water Control Board, the Department of
Transportation and governmental agencies expressing an interest therein
shall be notified by the board of the hearing by mail not less than
twenty (20) days prior to the date set for the hearing. The wetlands
board shall also cause notice of such hearing to be published at least
once a week for two {2) weeks prior to such hearing in the newspaper
having a general circulation in the City of Virginia Beach. The costs
of such publication shall be paid by the applicant.
144
Sec. 1406. Action of board on permit application.
In acting on any application for a permit, the board shall grant
the application upon the concurring favorable vote of four (4) members.
The chairman of the board, or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. Any person
may appear and be heard at the public hearing. Each witness at the
hearing may submit a concise written statement of his testimony. The
board shall make a record of the proceeding, which shall include the
application, any written statements of witnesses, a sunmary of statements
of all witnesses, the findings and decision of the board, and the
rationale for the decision. The board shall make its determination
within thirty (30) days from the hearing. If the board fails to act
within such time, the application shall be deemed approved. Within
forty-eight {48) hours of its determination, the board shall notify the
applicant and the Commissioner of such determination and, if the board
has not made a determination, it shall notify the applicant and the
Commission that thirty (30) days has passed and that the application is
deemed approved. The term "act" referenced above shall be the action
of taking a vote on the application. If the application receives less
than four (4) concurring favorable votes, this will be a determination
to deny the permit.
The board shall transmit a copy of the permit to the Commissioner.
If the application is reviewed or appealed, then the board shall transmit
the record of its hearing to the Commissioner. Upon a final determination
by the Commission, the record shall be returned to the board. The
record shall be open for public inspection at the office of the city
engineer.
Sec. 1407. Bonding requirements; suspension or revocation of permit.
The board may require a reasonable bond in an amount and with
surety and conditions satisfactory to it securing to the City of Virginia
Beach compliance with the conditions and limitations set forth in the
permit. The board may, after hearing as provided herein, suspend or
revoke a permit if the board finds that the applicant has failed to
comply with any of the conditions or limitations set forth in the
permit or has exceeded the scope of work as set forth in the application.
The board after hearing may suspend a permit if the applicant fails to
comply with the terms and conditions set forth in the application.
Sec. 1408. Review procedure; grant or denial of permit.
(a) In making its decision whether to grant, to grant in modified
form, or to deny an application for a permit, the board shall base its
decision on these factors:
(1) Such matters raised through the testimony of any person in
support of or in rebuttal to the permit application.
(2)
Impact of the development on the public health and welfare as
expressed by the policy and standards of Chapter 2.1 of Title
62.1 of the Code of Virginia and any guidelines which may
have been promulgated thereunder by the Commission.
145
(b) If the board, in applying the standards above, finds that the
anticipated public and private detriment and that the proposed activity
would not violate or tend to violate the purposes and intent of Chapter
2.1 of Title 62.1 of the Code of Virginia and of this article, the
board shall grant the permit, subject to any reasonable condition or
modification designed to minimize the impact of the activity on the
ability of the City of Virginia Beach to provide governmental services
and on the rights of any other person to carry out the public policy
set forth in Chapter 2.1 of Title 62.1 of the Code of Virginia and in
this article. Nothing in this section shall be construed as affecting
the right of any person to seek compensation for any injury in fact
incurred by him because of the proposed activity. If the board finds
that the aniticipated public and private benefit from the proposed
activity is exceeded by the anticipated public and private detriment or
that the proposed activity would violate the purposes and intent of
Chapter 2.1 of Title 62.1 of the Code of Virginia and of this article,
the board shall deny the permit application with leave to the applicant
to resubmit the application in modified form.
Sec. 1409. Permits to be in writing, signed and notarized.
The permit shall be in writing, signed by the chairman of the
board and notarized. No permit granted by the wetlands board shall
affect in any way the applicable zoning and land use ordinances of the
City of Virginia Beach.
Sec. 1410. Expiration date and extensions of permits.
No permit shall' be granted without an expiration date, and the
board, in the exercise of its discretion, shall designate an expiration
date for completion of such work specified in the permit from the date
the board granted such permit. The board, however, may, upon proper
application therefor, grant extensions.
Sec. 1411.
Emergency sand grading activities on nonvegetated wetlands
located on the Atlantic shoreline of Virginia Beach.
Notwithstanding the provisions of sections 1401 through 1410, sand
grading activities are permitted on nonvegetated wetlands located on
the Atlantic shoreline of the City of Virginia Beach if otherwise
permitted by law, and if the city manager has declared an emergency and
has issued a permit for this purpose. Such activities may be conducted
without advance notice and hearing; however, the city manager, upon
request and after reasonable notice as to time and place, shall hold a
hearing to affirm, modify, amend, or cancel such emergency permit.
"Emergency," as used in this section, means a sudden and unforeseeable
occurrence or condition, either as to its onset or as to its extent, of
such disastrous severity or magnitude that governmental action beyond
that authorized or contemplated by existing law is required because
governmental inaction for the period required to amend the law to meet
the exigency would work immediate and irrevocable harm upon the citizens
of the Commonwealth or some clearly defined portion or portions thereof.
146
Sec. 1412. Conducting activity without permit.
No person shall conduct any activity which would require a permit
under this article unless he has a permit therefor.
Sec. 1413. Investigations and prosecutions.
The wetlands board shall have the authority to investigate all
projects, whether proposed or ongoing, which alter wetlands located
within the City of Virginia Beach. The wetlands board shall have the
power to prosecute all violations of any order of such board, or any
violation of any provision of the wetlands zoning ordinance contained in
section 62.1-13.5 of the Code of Virginia or in article 14 of the
zoning ordinance of the City of Virginia Beach, Virginia.
Sec. 1414. Violation of orders, rules and regulations.
Any person who knowingly, intentionally, negligently or continually
violates any order, rule or regulation of the Commission or of the
wetlands board or violates any provision of Title 62.1, Chapter 2.1, of
the Code of Virginia or this article of the zoning ordinance of the
City of Virginia Beach, Virginia or any provision of a permit granted
by the wetlands board or the Commission pursuant to Title 62.1, Chapter
2.1, of the Code of Virginia or this article of the zoning ordinance of
the City of Virginia Beach, Virginia shall be guilty of a misdemeanor.
Following a conviction, every day the violation continues shall be
deemed a separate offense.
Sec. 1415. Injunctions.
In addition to and notwithstanding the provisions of section 62.1-
13.18 of the Code of Virginia and section 1414 of this article, upon
petition of the wetlands board to the circuit court of the City of
Virginia Beach, the court may enjoin such unlawful act and may order
the person so acting unlawfully to take such steps as are necessary to
restore, protect and preserve the wetlands involved.
Sec. 1416. Exemptions.
Nothing in this article shall affect:
(1)
Any project in vegetated wetlands commenced prior to July 1, 1972,
or any project in nonvegetated wetlands commenced prior to January
1, 1983; however, this section shall not be deemed to exclude from
regulation under this article any activity which expands or enlarges
upon a project already in existence or under construction at the
time of such date, except for those activities exempted under
section 62.1-13.5{3)(h);
(2)
Any project or development in vegetated wetlands for which, prior
to July 1, 1972, or in nonvegetated wetlands for which, prior to
January 1, 1983, a plan or plan of development thereof has been
filed pursuant to ordinance or other lawful enactment with either
an agency of the federal or state government, or with either the
147
(3)
planning commission, board of supervisors, or city council of the
jurisdiction in which the project or development is located;
Any project or development in vegetated wetlands, whether conmmnced
prior to July 1, 1972~ and in nonvegetated wetlands whether conmmnced
prior to January I, 1983, if located or to be located in whole or
in part on ground or in an area an interest in which was authorized
by the General Assembly to be conveyed prior to July 1, 1972, for
vegetated wetlands and July 1, 1982, for nonvegetated wetlands;
and
(4} For the North Landing River and its tributaries exemptions {1) and
{2) above shall take effect July 1, 1975, for vegetated wetlands,
and January 1, 1983, for nonvegetated wetlands.
For exemptions (1) and (2) herein to be effective, the project or
development must be certified as exempt by the Commission or Virginia
Beach Wetlands Board. The request for certification must be filed
prior to January 1, 1984. Projects or developments which have been
determined by the Commission or the Virginia Beach Wetlands Board prior
to July 1, 1982, to be exempt from the provisions of this chapter shall
be considered to be certified. If the request for certification is not
granted or denied within one hundred twenty (120) days from receipt of
request by the Commission or the Virginia Beach Wetlands Board, the
certification will be conclusively presumed to have been granted. The
time limitations and public hearing requirements imposed by section
62.1-13.5 shall not apply to the certification process. Upon request
by any person holding a certification issued by the Commission or
Virginia Beach Wetlands Board, the clerk of circuit court having
jurisdiction over the property on which the certified project is located
shall record such certification in the appropriate deed book of the
circuit court.
148
ARTICLE 15. RESORT TOURIST DISTRICTS
A. RT-1 Resort Tourist District.
Sec. 1500. Legislative intent.
The purpose of the RT-1 Resort Tourist District is to provide areas
which can accommodate high density hotels and their related needs and
where a high concentration of resort facilities are desirable. This
district is not intended for general application but should be limited
generally to those properties contiguous to Atlantic Avenue.
Sec. 1501. Use regulations.
(a) Principal Uses and structures:
(1)
Hotels and motels, which may have in conjunction with them
any combination of restaurants, retail commercial use and
convention facilities, provided that uses in conjunction with
hotels and motels may not occupy more than 10% of the floor
area of all structures (excluding parking) located on the lot;
(2) Public buildings and grounds;
(3)
Outdoor cafes, provided that such uses shall be in conjunction
with hotels and motels having twenty-one (21) or more dwelling
or lodging units; and provided the following conditions are met:
(4)
(i)
No entrance or exit to an outdoor cafe shall be located
on the side of the structure facing the boardwalk,
unless such entrance or exit provides access to a courtyard
or intervening open area, in which case such open area
shall be fully fenced or walled to a height of at least
four (4) feet and without any entrances or exits facing
the boardwalk.
(ii) The floor area of outdoor cafes, shall not exceed ten (10)
percent of the floor area of the principal use.
Bicycle and moped rental establishments in conjunction with
hotels and motels provided that not more than forty (40)
bicycles per zoning lot shall be permitted. A barrier shall
be provided consisting of a canvas screen with grommets laced
with suitable line secured to rust-resistant pipe and stanchion,
anchored to a weighted base, or properly secured in ground.
Such screen will be thirty-six (36) inches in height and capable
of delineating the limits of the property for the duration of
the use permit. It shall have an access opening not more
than five (5) feet wide on either side of the enclosure not
facing the ocean. Only one nonilluminating sign in connection
with the establishment may be allowed; provided, however,
that the surface shall not exceed four (4) square feet, and
149
further be a permanent part of the portion of canvas screen
which is oriented towards the beach.
(5)
Public utilities installations and substations including
offices; provided storage or maintenance facilities shall not
be permitted; and provided, further, that utilities substations,
other than individual transformers, shall be surrounded by a
wall, solid except for entrances and exits, or by a fence
with a screening hedge five {5} to six {6} feet in height;
and provided al so, transformer vaults for underground utilities
and the like shall require only a landscaped screening hedge,
solid except for access opening;
(b) Conditional uses and structures: Uses and structures hereinafter
specified, subject to compliance with the provisions of part C of
article 2 hereof:
(1) Commercial Parking lots and parking garages.
(2) Heliports and Helistops.
Sec. 1502. Dimensional requirements.
(a) Minimum Lot Size: 14,000 square feet.
{b) Minimum Lot Width: 70 feet.
(c) Minimum Yard, Requirements: 5 feet front yard, 5 feet side
yard when adjacent to a street, other than the boardwalk.
(d) Maximum Height: 100 feet at the eastern most property line
and one and a half feet of height for each additional foot west of the
eastern most property line not to exceed an overall maximum height of
200 feet. Notwithstanding the above, no building or other structure
shall exceed the height limit established by section 202(b) regarding
air navigation.
Sec. 1503. Sign regulations.
(a) Within the RT-1 Resort Tourist District sign regulations
pertaining to hotels and motels shall be as follows:
(1)
For each twenty {20) feet of frontage 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 of signage shall be permitted;
provided, however, that no establishment shall have more
than four (4) signs of which one may be a free-standing sign;
and provided further, that no establishment having a frontage
of less than one hundred (100} feet shall have a free-standing
sign. No establishment having a frontage of at least one
hundred (I00) feet but less than or equal to two hundred
{200} feet shall have a free-standing sign exceeding thirty-
two (32) square feet of surface area per face, and no
150
establishment having a frontage of more than two hundred
(200) feet shall have a free-standing sign exceeding seventy-
five (75) square feet of surface area per face. No free-standing
sign shall exceed two (2) faces , 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.
(b) Within the RT-1 Resort Tourist District sign regulations
pertaining to multiple family dwellings, parks, playgrounds, community
centers, botanical and zoological gardens and other public buildings
and uses shall be as specified in the district where the use is first
permitted as a principal use.
(c) Sign regulations pertaining to all other uses and structures
shall be as apply as specified in the RT-2 Resort Tourist District.
Sec. 1504. Off-street parking regulations.
Parking shall be required for all uses and structures permitted in
the RT-1 Resort Tourist District in accordance with section 203.
Sec. 1505. Off-site parking facilities.
Off-site parking facilities in connection with hotels and motels
located within the RT-1 Resort Tourist District may be permitted on zoning
lots within the RT-2 Resort Tourist District, RT-3 Resort Tourist
District and the B-4 Resort Commercial District where the required
off-street parking cannot be provided on the lot with the principal
building or use provided:
(a) Structures for parking facilities shall conform to the regula-
tions of the district in which located.
(b) A written agreement assuring continued availability of the
number of spaces indicated shall be drawn and executed, and a certified
copy of such agreement shall be recorded with the Clerk of the Court.
Such agreement shall stipulate that, if such space is not maintained or
space acceptable to the planning director substituted, the use or such
portion of the use as is deficient in number of parking spaces shall be
discontinued. The agreement shall be subject to the approval of the
city attorney.
Sec. 1506. Maximum density ratings.
The maximum density for hotel and motel development shall be 160
lodging units per acre for the entire zoning lot, even if partially
occupied by other principal uses or conditional uses.
Sec. 1507.
Desired design features and incentives.
151
(a) For these uses which incorporate all of the following Desired
Design Features:
(1)
(2)
Minimum lot size of 20,000 square feet.
Setback from east-west streets of at least 10 feet with the
area landscaped in accordance with the Landscaping, Screening
and Buffering Specifications and Standards.
Notwithsltanding any provision to the contrary above, the maximum density
of hotel and motel use shall be 160 lodging units per acre, and uses in
conjunction with hotels and motels may occupy up to but not more than
20% of the floor area of all structures (excluding parking) located on
the lot.
{b) For those uses which incorporate all of the following Desired
Design Features:
Minimum lot size of 40,000 square feet.
(1)
(2)
Setback from east-west streets of at least 15 feet with the
area landscaped in accordance with the Landscaping, Screening
and Buffering Specifications and Standards.
Notwithstanding any provision to the contrary above, the maximum density
of hotel and motel use shall be 175 lodging units per acre, and uses in
conjunction with hotels and motels may occupy up to but not more than
25% of the floor area of all structures located on the lot.
(c} For those uses which incorporate all of the following Desired
Design Features:
(1)
Minimum lot size of 80,000 square feet or the accumulation of
multiple parcels under common ownership totalling at least
80,000 square feet of land, such that the parcels are separated
solely by a public street, of no more than 100 feet in width
and by a distance not exceeding the width of the public street.
(2) At least 20% of the floor area of the hotel shall be used for
convention and/or related facilities.
(3) The entire lot or accumulated parcels are developed in a
functionally integrated fashion.
Upon complying with the foregoing conditions, the following shall
apply, notwithstanding any other provision to the contrary:
(1) The maximum density for hotel and motel use shall be 190
lodging units per acre for the entire accumulation of parcels.
(2) Uses in conjunction with a hotel may occupy up to 50% of the
floor area of the structures.
,)
152
(3)
Required parking shall be at least one space per lodging or
dwelling unit or one space per 200 square feet of floor area
used for uses in conjunction with the hotel, whichever is
greater.
Bo
Sec. 1510.
RT-2 Resort Tourist District.
Legislative intent.
The purpose of the RT-2 Resort Tourist District is to provide
areas for resort hotels and appropriate mixtures of other complimentary
uses generally in the area west of Atlantic Avenue but east of the
midway point between Atlantic and Pacific. It is further the intent of
this district to recognize existing on-site parking problems and to
foster good design and development patterns through the use of incentives.
Sec. 1511. Use regulations.
(a) Principal Uses and structures:
For parcels less than 14,000 square feet in size, any one of the
following is allowed:
(1) Auditoriums and assembly halls;
(2) Boat sales;
(3) Business studios, offices, clinics and medical laboratories;
(4) Bicycle rental establishments;
(5) Child care and child care education centers;
(6) Commercial parking lots, parking garages and storage garages;
(7) Commercial recreation facilities other than those of an
outdoor nature;
(8) Eating and drinking establishments;
(9) Financial institutions;
(10) Funeral homes;
(10) Museums and art galleries;
(12) Nightclubs, bars, taverns, dance halls;
(13) Off-site parking facilities, provided the provisions of section
1505 are met;
(14) Passenger transportation terminals;
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(15)
Personal service establishments, including barber and beauty
shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
dressmaking, tailoring and garment repair shops with processing
on the premises;
(16) Private clubs, lodges, social centers,
establishments and athletic clubs;
eleemosynary
(17)
(18)
Public buildings and grounds;
Public utilities installations and substations including
offices; provided storage or maintenance facilities shall not
be permitted; and provided, further, that utilities substations,
other than individual transformers, shall be surrounded by a
wall, solid except for entrances and exits, or by a fence
with a screening hedge five (5} to six (6) feet in height;
and provided also, transformer vaults for underground utilities
and the like shall require only a landscaped screening hedge,
solid except for access opening;
(lg} Retail establishments, including the incidental manufacturing
of goods for sale only at retail on the premises; retail
sales and display rooms and lots, provided that yards for
storage of new or used building materials or yards for any
scrap or salvage operations or for storage or display of any
scrap, salvage or secondhand building materials or automobile
parts shall not be allowed;
For parcels greater than 14,000 square feet, any one of the following
additional uses is allowed:
(20)
(21)
Multi-family dwellings;
Motels and Hotels which may have in conjunction with them any
combination of restaurants, retail commercial use and convention
facilities, provided that uses in conjunction with hotels and
motels may not occupy more than 10% of the floor area of all
structures (excluding parking) located on the lot.
For parcels greater than 40,000 square feet, any of the above
permitted uses may be used in combination on the same zoning lot with
other permitted uses:
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to the
principal uses and structures:
(1)
An accessory activity operated for profit in a residential
dwelling unit where there is no changed in the outside appearance
of the building or premises or any visible or audible evidence
detectable from outside the building lot, either permanently
or intermittently, of the conduct of such business except for
one non-illuminated identification sign not more than one
square foot in area mounted flat against the residence; where
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no traffic is generated, including traffic by commercial
delivery vehicles, by such activity in greater volumes than
would normally be expected in the neighborhood, and any need
for parking generated by the conduct of such activity is met
off the street and other than in a required front yard; where
the activity is conducted on the premises which is the bona
fide residence of the principal practitioner, and no person
other than members of the immediate family occupying such
dwelling unit is employed in the activity; where such activity
is conducted only in the principle structure on the lot;
where there are no sales to the general public of products or
merchandise from the home; and where the activity is specifically
designed or conducted to permit no more than one patron,
customer, or pupil to be present on the premises at any one
time. The following are specifically prohibited as accessory
activities: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
(c) Conditional uses and structures: Uses and structures hereinafter
specified, subject to compliance with the provisions of part C of
article 2 hereof:
(1) Automobile and small engine repair establishments, provided
that all repair work shall be performed within a building;
(2)
Automobile service stations; provided that, where there is an
adjoining residential or apartment district without an
intervening street, alley or permanent open space over twenty-
five (25) feet in width and where lots separated by a district
boundary have adjacent front yards, a six (6) foot solid
fence shall separate the automobile service station use from
the adjacent residential district and no ground sign shall be
wi thin fifty (50) feet of the residential or apartment district;
(3) Car wash facilities, provided that:
(i)
no water produced by activities on the zoning lot shall
be permitted to fall upon or drain across public streets
or sidewalks or adjacent properties;
(ii)
a minimum of three (3) off-street parking spaces for
automobiles shall be provided for each car wash space
within the facility.
(4) Churches;
(5) Dormitories for marine pilots;
(6) Heliports and helistops;
(7)
Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child care
centers, other than those covered under permitted principal
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(9)
(lO)
uses and structures hereinabove, when not operated by a
public agency;
Home occupations;
Hospitals and sanitariums;
Marinas, including facilities for storage and repair of boats
and sale of boating supplies and fuel;
(11} Mini-warehouses, provided that the yard shall be completely
enclosed except for necessary openings for ingress and egress
by a fence or wall not less than six {6) feet in height;
{12) Motor vehicle sales and rental, provided the minimum lot size
is twenty thousand (20,000) square feet;
(13) Public utility storage or maintenance installations;
{14) Radio and television broadcasting stations and line-of-sight
relay devices;
(15) Recreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a seasonal
basis with approval-of city council, provided that, in the
development of such properties, safeguards are provided to
preserve and protect the existing character of adjacent
properties,'except that riding academies and recreational
campgrounds shall not be allowed as a conditional use or
otherwise.
Sec. 1512. Dimensional requirements.
(a) Minimum lot size: 5,000 square feet.
(b) Minimum lot width: 50 feet.
{c) Minimum yard requirements: There shall be no required front,
side or rear yards in the RT-2 Resort Tourist District.
(d)
(1)
Maximum height: 75 feet.
Notwithstanding the above, no building or other structure shall
exceed the height limit established by section 202(b) regarding
air navigation.
Sec. 1513. Sign regulations.
(a) The RT-2 Resort Tourist District is hereby declared a special
sign district, in which the following 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
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extent that any provision of this section conflicts with any other
ordinance or regulation, the provision of this section shall control.
(b) Within the RT-2 Resort Tourist District, no sign shall:
(1) Contain any commercial matter other than the name of the
establishment and not more than two words designating the type of
establishment advertised thereby;
(2) 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;
(3) 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 fading
of paint or other coloration, and damage to the advertising face or
other component of any sign.
(c) No sign located on or in any window, or located behind any
window in such manner as to attract the attention of persons outside of
the establishment, shall have a surface area greater than twenty percent
(20%) of the surface area of such window, not to exceed sixteen (16)
square feet.
(d) For each forty (40) feet of frontage, 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 a total of sixteen (16) square
feet of surface area of signage shall be permitted; provided, however,
that no establishment shall have more than two (2) signs of which one
may be a free-standing sign; and provided further, that no establishment
having a frontage of less than one hundred (100) feet shall have a free-
standing sign. No free-standing 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.
(e) Sign regulations pertaining to multiple-family dwellings
shall be the same as those applying in the A-12 Apartment District.
(f) 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 each principal entrance. No such sign
shall have more than two (2) faces, neither of which shall exceed
thirty-two (32) square feet of surface area. Such center identification
sign shall contain only the name of the center.
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(g) 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 lot line shall have no more than one sign not
exceeding sixteen (16) feet of surface area.
(h} Beacon lights or search lights may be permitted for purposes
of advertisement of special events for a period not in excess of forty-
eight {48) hours.
(i) To facilitate occupancy in a new neighborhood commercial
center containing at least forty thousand (40,000} square feet of land
area, there shall be not more than one (1) temporary sign, which shall
not exceed thirty-two {32) square 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.
(j) The provisions of this section shall not apply to hotels and
motels within the RT-2 Resort Tourist District. Sign regulations
pertaining to hotels and motels shall be as apply in the RT-1 Resort
Tourist District.
(k) The provisions of this section shall be deemed to be severable,
and if any of the provisions hereof be adjudged to be invalid or
unenforceable, the remainder of this section shall remain in full force
and effect and its validity shall remain unimpaired.
Sec. 1514. Off-street parking regulations.
Parking shall be required for all uses and structures permitted in
the RT-2 Resort Tourist District in accordance with section 203, provided
that no parking shall be required for the following uses within the RT-2
Resort Tourist District:
{a) Retail commercial uses;
(b) Commercial recreational facilities
outdoor nature;
(c) Museums and art galleries;
(d} Personal service establishments;
other than those of an
Sec. 1515. Maximum density ratings.
The maximum density for hotel and motel development shall be
80 lodging units per acre, and for multi-family dwellings 24 units per
acre. Density shall be established based on the entire zoning lot,
even if partially occupied by other principal uses or conditional uses
except that no parcel may simultaneously receive density credit for
both lodging units and multi-family dwelling units.
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Sec. 1516. Desired design features and incentives.
(a) For these uses which incorporate all of the following Desired
Design Features:
(I) Minimum lot size of 40,000 square feet.
(2)
Setback from east-west streets of at least 10 feet with area
landscaped in accordance with the Landscaping, Screening and
Buffering Specifications and Standards.
Notwithstanding any provision to the contrary above, the maximum density
of hotel and motel use shall be 100 lodging units per acre, and for
multi-family dwellings 30 units per acre.
(b) For those uses which incorporate all of the Desired Design
Features outlined in (a) above and in addition to incorporate the
following:
(1)
(2)
Minimum lot size of 60,000 square feet.
Setbacks from east-west streets of at least 15 feet with the
area landscaped in accordance with the Landscaping, Screening
and Buffering Specifications and Standards.
Notwithstanding any provision to the contrary above, the maximum density
of hotel and mote use shall be 120 lodging units per acre and the
maximum density of multi-family dwellings use shall be 36 dwelling
units per acre.
C. RT-3 Resort Tourist District.
Sec. 1520. Legislative intent.
The purpose of the RT-3 Resort Tourist District is to provide areas for
resort hotels and appropriate mixtures of other complementary uses
generally in the area west of Pacific Avenue where this high concentration
of resort facilities is desirable. It is further the intent of this
district to foster good design and development patterns through the use
of incentives.
Sec. 1521. Use regulations.
(a) Principal Uses and structures:
For parcels less than 20,000 square feet in size, any one of the
following is allowed:
(1) Auditoriums and assembly halls;
(2) Boat sales;
(3) Business studios, offices, clinics and medical laboratories;
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(4)
(6)
(6)
(7)
(8)
(9)
(]0)
(10)
(12)
(13)
(14)
(is)
(]6)
(17)
(18)
(19)
Bicycle rental establishments;
Child care and child care education centers;
Commercial parking lots, parking garages and storage garages;
Commercial recreation facilities other than those of an
outdoor nature;
Eating and drinking establishments;
Financial institutions;
Funeral homes;
Museums and art galleries;
Nightclubs, bars, taverns, dance halls;
Off-site parking facilities, provided the provisions of section
1505 are met;
Passenger transportation terminals;
Personal service establishments, including barber and beauty
shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
dressmaking~tailoring and garment repair shops with processing
on the premises;
Private clubs, lodges, social
establishments and athletic clubs;
centers, eleemosynary
Public buildings and grounds;
Public utilities installations and substations including
offices; provided storage or maintenance facilities shall not
be permitted; and provided, further, that utilities substations,
other than individual transformers, shall be surrounded by a
wall, solid except for entrances and exits, or by a fence
with a screening hedge five (5) to six (6) feet in height;
and provided al so, transformer vaults for underground utilities
and the like shall require only a landscaped screening hedge,
solid except for access opening;
Retail establishments, including the incidental manufacturing
of goods for sale only at retail on the premises; retail
sales and display rooms and lots, provided that yards for
storage of new or used building materials or yards for any
scrap or salvage operations or for storage or display of any
scrap, salvage or secondhand building materials or automobile
parts shall not be allowed;
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For parcels greater than 20,000 square feet, any of the following
additional uses are allowed any may be used in combination with any of
the permitted uses listed above:
(20) Multi-family dwellings when developed in conjunction on the
same parcel with other allowed uses where the floor area of
the multi-family dwellings do not exceed 70% of the total
floor area of the entire project;
(21) Motels and Hotels which may have in conjunction with them any
combination of restaurants, retail commercial use and convention
facilities, provided that uses in conjunction with hotels and
motels may not occupy more than 10% of the floor area of all
structures (excluding parking) located on the lot.
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to the
principal uses and structures:
(1) An accessory activity operated for profit in a residential
dwelling unit where there is no changed in the outside appearance
of the building or premises or any visible or audible evidence
detectable from outside the building lot, either permanently
or intermittently, of the conduct of such business except for
one non-illuminated identification sign not more than one
square foot in area mounted flat against the residence; where
no traffic is generated, including traffic by commercial
delivery vehicles, by such activity in greater volumes than
would normally be expected in the neighborhood, and any need
for parking generated by the conduct of such activity is met
off the street and other than in a required front yard; where
the activity is conducted on the premises which is the bona
fide residence of the principal practitioner, and no person
other than members of the immediate family occupying such
dwelling unit is employed in the activity; where such activity
is conducted only in the principle structure on the lot;
where there are no sales to the general public of products or
merchandise from the home; and where the activity is specifically
designed or conducted to permit no more than one patron,
customer, or pupil to be present on the premises at any one
time. The following are specifically prohibited as accessory
activities: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
(c) Conditional uses and structures: Uses and structures hereinafter
specified, subject to compliance with the provisions of part C of
article 2 hereof:
(1)
(2)
Automobile and small engine repair establishments, provided
that all repair work shall be performed within a building;
Automobile service stations; provided that, where there is an
adjoining residential or apartment district without an
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intervening street, alley or permanent open space over twenty-
five (25) feet in width and where lots separated by a district
boundary have adjacent front yards, a six (6) foot solid
fence shall separate the automobile service station use from
the adjacent residential district and no ground sign shall be
within fifty (50) feet of the residential or apartment district;
(3) Car wash facilities, provided that:
(4)
(5)
(6)
(7)
(8)
(9)
(lO)
(11)
(12)
(13)
(14)
(i)
no water produced by activities on the zoning lot shall
be permitted to fall upon or drain across public streets
or sidewalks or adjacent properties;
(ii)
a minimum of three
automobiles shall be
within the facility.
(3) off-street parking spaces for
provided for each car wash space
Churches;
Dormitories for marine pilots;
Heliports and helistops;
Homes for the aged, disabled or handicapped, including
convalescent or nursing homes; maternity homes; child care
centers, other than those covered under permitted principal
uses and structures hereinabove, when not operated by a
public agenCY;.
Home occupations;
Hospitals and sanitariums;
Marinas, including facilities for storage and repair of boats
and sale of boating supplies and fuel;
Mini-warehouses, provided that the yard shall be completely
enclosed except for necessary openings for ingress and egress
by a fence or wall not less than six {6) feet in height;
Motor vehicle sales and rental, provided the minimum lot size
is twenty thousand (20,000) square feet;
Public utility storage or maintenance installations;
Radio and television broadcasting stations and line-of-sight
relay devices;
Recreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a seasonal
basis with approval of city council, provided that, in the
development of such properties, safeguards are .provided to
preserve and protect the existing character of adjacent
properties, except that riding academies and recreational
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campgrounds shall not be allowed as a conditional use or
otherwise;
Sec. 1522. Dimensional requirements.
(a) The following chart lists the requirements
Resort Tourist Districts for minimum lot area, width,
for all commercial uses and structures.
within the RT-3
and yard spacing
(1) Minimum lot area: 5,000 square feet.
{2) Minimum lot width: 50 feet.
{3) Minimum setback for any yard adjacent to a north-south street:
10 feet.
{4) Minimum side yard: 0 feet.
{5) Minimum rear yard setback: 0 feet.
(b) The following chart lists the requirements within the RT-3
Resort Tourist Districts for minimum lot area, width, and yard spacing
for lodging uses and structures.
(c)
Tourist
family
(1) Minimum lot area: 20,000 square feet.
{2) Minimum lot width: 70 feet
{3) Minimum setback for any yard adjacent to a north-south street: 10
feet.
(4} Minimum setback for any yard adjacent to a street other than a
north-south street: 35 feet.
{5) Minimum side yard setback: 20 feet
(6) Minimum rear yard setback: 20 feet:
The following chart lists the requirements within the RT-3 Resort
District for minimum lot area, width, and yard spacing multiple
dwellings.
(1) Minimum lot area: 20,000 feet.
(2) Minimum lot width: 200 feet.
{3) Minimum setback for any yard adjacent to a north-south street: 10
feet.
(4) Minimum setback for any yard adjacent to a street other than a
north-south street: 30 feet.
{5) Minimum side yard setback: 8 feet.
(6) Minimum rear yard setback: 10 feet.
(d)
(1)
Maximum height:
Where a zoning lot within the RT-3 Resort Tourist District adjoins
the side or rear yard of a zoning lot in a residential or apartment
district without an intervening street or alley over 25 feet in
width, the following maximum height regulations shall apply on the
commercial zoning lot. In cases where mere than one of the following
apply, the most restrictive shall apply to the entire lot.
(i) When adjacent to Residential Districts the maximum height
shall be 35 feet.
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(3)
(4)
{ii) When adjacent to A-12 or A-18 Apartment Districts the maximum
height shall be 35 feet.
{iii} When adjacent to A-24 Apartment District the maximum height shall
be 45 feet.
(iv) When adjacent to A-36 Apartment District the maximum height shall
be 120 feet.
The maximum height for hotels and motels within the RT-3 Resort
Tourist District is seventy-five {75) feet.
Except as specified in items (1), (2) and (3) hereinabove there
shall be no maximum height regulations in the RT-3 Resort Tourist
Districts.
Notwithstanding the above, no building or other structure shall
exceed the height limit established by section 202{b) regarding
air navigation.
Sec. 1523. Sign regulations.
In the RT-3 Resort Tourist District signs shall be permitted as specified
in the RT-2 Resort Tourist District.
Sec. 1524. Off-street parking regulations.
Parking shall be required for all uses and structures permitted in the
RT-3 Resort Tourist District in accordance with section 203.
Sec. 1525. Maximum density ratings.
The maximum density for hotel and motel development shall be 80
lodging units per acre, and for multi-family dwellings 24 units per acre.
Density shall be established based on the entire zoning lot, even if partially
occupied by other principal uses or conditional uses except that no parcel
may simultaneously receive density credit for both lodging units and multi-
family dwelling units.
Sec. 1526. Desired design features and incentives.
(a) For these uses which incorporate all of the following Desired
Design Features:
(1) Minimum lot size of 30,000 square feet.
Setback from east-west streets of at least 10 feet with area
landscaped in accordance with the Landscaping, Screening and
Buffering Specifications and Standards.
Notwithstanding any provision to the contrary above, the maximum density of
hotel and motel use shall be 120 lodging units per acre, and for multi-
family dwellings 30 units per acre.
(b) For those uses which incorporate all of the Desired Design Features
outlined in (a) above and in addition to incorporate the following:
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(1) Minimum lot size of 75,000 square feet.
(2)
Setbacks from east-west streets of at least 15 feet with the area
landscaped in accordance with the Landscaping, Screening and
Buffering Specifications and Standards.
Notwithstanding any provision to the contrary above, the maximum density of
hotel and mote use shall be 160 lodging units per acre and the maximum
density of multi-family dwellings use shall be 36 dwelling units per acre.
D. RT-4 Resort Tourist District.
Sec. 1530. Legislative intent.
This district is intended to serve as a buffer between existing
residential areas and the resort related businesses. The land uses within
this area must be compatible with adjacent residential land uses and be
sensitive to the demands placed on the roads and utilities in the area.
Sec. 1531. Use regulations.
(a) Principal Uses and structures:
(1) Banks, credit unions, savings and loans and other such financial
intuitions, providing that desired design features as listed in
section 1536 are met;
(2) Dwellings, single family, duplex and single-family attached;
(3) Museums and art galleries, providing that desired design features
as listed in section 1536 are met;
(4) Multi-family dwellings;
(5)
Offices, providing that desired design features as listed in
section 1536 are met and in which goods, ware or merchandise are not
commercially created, displayed, stored, exchanged or sold, such as:
Business offices of a public utility, transportation,
advertising, real estate, insurance, commercial or industrial
establishments;
(ii)
Medical, optical and dental offices and clinics; legal,
engineering, architectural and similar professional offices,
accounting, auditing and bookkeeping service offices;
(iii)
Offices of miscellaneous business services such as consumer
credit reporting agencies, mailing list and stenographic
services, business and management consulting services;
(iv) Offices of nonprofit organizations, such as professional
organizations, civic, social and fraternal associations,
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(6)
(7)
political organizations, religious organizations, and labor
unions; provided, however, that no hiring halls shall be
permitted in this district.
Public buildings and grounds;
Public utilities installations and substations including offices;
provided storage or maintenance facilities shall not be permitted;
and provided, further, that utilities substations, other than
individual transformers, shall be surrounded by a wall, solid
except for entrances and exits, or by a fence with a screening
hedge five {5) to six (6) feet in height; and provided also,
transformer vaults for underground utilities and the like shall
require only a landscaped screening hedge, solid except for access
opening;
(b) Accessory uses and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate to the principal
uses and structures:
(])
An accessory activity operated for profit in a residential dwelling
unit where there is no changed in the outside appearance of the
building or premises or any visible or audible evidence detectable
from outside the building lot, either permanently or intermittently,
of the conduct of such business except for one non-illuminated
identification sign not more than one square foot in area mounted
flat against.the residence; where no traffic is generated, including
traffic by commercial delivery vehicles, by such activity in
greater volumes than would normally be expected in the neighborhood,
and any need for parking generated by the conduct of such activity
is met off the street and other than in a required front yard; where
the activity is conducted on the premises which is the bona fide
residence of the principal practitioner, and no person other than
members of the immediate family occupying such dwelling unit is
employed in the activity; where such activity is conducted only in
the principle structure on the lot; where there are no sales to
the general public of products or merchandise from the home; and
where the activity is specifically designed or conducted to permit
no more than one patron, customer, or pupil to be present on the
premises at any one time. The following are specifically prohibited
as accessory activities: Convalescent or nursing homes, tourist
homes, massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
(c) Conditional uses and structures: Uses and structures hereinafter
specified, subject to compliance with the provisions of part C of article 2
hereof:
(1) Child care centers;
(2) Churches;
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(3)
Homes for the aged, disabled or handicapped, including convalescent
or nursing homes; maternity homes, when not operated by a public
agency;
(4) Home occupations;
(5) Restaurants, providing the seating capacity does not exceed 50 and
no drive-in windows are permitted.
Sec. 1532. Dimensional requirements.
(a) Minimum lot size. 5,000 square feet.
{1) Single family residential 5,000 square feet
(2) Duplex 10,000 square feet
(3) Single family attached (townhouse)
minimum lot size 1,400 square feet
minimum average lot size 2,500 square feet
{4) Multi-family residential 10,000 square feet
{5} All other uses 5,000 square feet
(b) Minimum lot width.
(1) Single Family Residential 50 feet
(2) Duplex 75 feet
(3) Single family attached {townhouse)
minimum interior lot width 14 feet
minimum exterior lot width 30 feet
{4) Multi-family Residential 100 feet
{5) All Other Uses 75 feet
(c) Minimum yard requiremnets.
(1) Single family and duplex residential
minimum front yard 20 feet
minimum side yard 8 feet
minimum rear yard 10 feet
(2) Single family attached (townhouse)
minimum front yard 30 feet
minimum side yard (end units) 10 feet
minimum rear yard 20 feet
{3) Multi-family residential
minimum front yard 15 feet
minimum side yard 10 feet
minimum rear yard 10 feet
(c) Height.
Single Family, duplex, single
family attached home occupations,
child care centers, restaurants,
homes for the Aged
35 feet
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(2) Multi-family Residential
35 feet; 45 feet
if incentive program applies
(3)
(4)
All Other Uses
75 feet
Notwithstanding the above, no building or other structure shall
exceed the height limit established by section 202(b) regarding
air navigation.
Sec. 1533. Sign regulations.
(a) In the RT-4 Resort Tourist District signs shall be permitted as
follows:
(1} 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. 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.
(2) In connection with multiple-family dwellings, the sign regulations
applicable.to the A-12 Apartment District shall apply.
(3) In connection with single family and duplex dwellings the sign
regulations applicable to residential districts shall apply.
{4) 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.
(b) All other uses shall have sign regulations as specified in the
district where the use is first permitted as a principal use.
Sec. 1534. Off-street parking regulations.
Parking shall be required for all uses and structures permitted in the
MT-2 Resort Tourist District in accordance with section 203.
Sec. 1535. Maximum density ratings.
(a) Density shall be established based upon the area of the entire
zoning lot whether or not partially occupied by other uses except that no
parcel may simultaneously receive density credit for two uses.
168
]
(b) The maximum density for multi-family residential shall be 18
dwelling units per acre.
(c) The maximum density for single family attached dwellings shall be
12 dwelling units per acre. The maximum number of attached dwellings
constructed in one group without side yard setbacks shall be six.
(d) The maximum density for single family and duplex dwellings shall
be 6 dwelling units per acre.
Sec. 1536. Desired design features and incentives.
(a) Multi-Family Residential. Owners of property seeking density of 24
units per acre shall acquire at least 20,000 square feet of property and
provide category II screening when adjacent to non-residentially zoned
property in addition to fencing and on-site landscaping.
(b) Owners of property wishing to utilize land for other than single
family residential or duplex uses must provide category II screening when
adjacent to single family residences or duplexes in addition to fencing and
on-site landscaping.
I69
ARTICLE 16.COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
Sec. 1600. Intent.
The governing body of the City of Virginia Beach, acting pursuant to
Chapter 2.2 of Title 62.1 of the Code of Virginia, for the purposes of
fulfilling the policy and standards set forth in such chapter, adopts this
article regulating the use and development of coastal primary sand dunes.
Sec. 1601. Definitions.
For the purpose of this article:
(a) Commission shall mean the Virginia Marine Resources Commission.
(b) Commissioner shall mean the Commissioner of the Virginia Marine
Resources Commission.
(c) County or city shall mean the governing body of such county or city.
(d) Coastal primary sand dune, hereinafter referred to as "dune",
shall mean a mound of unconsolidated sandy soil which is contiguous to mean
high water, whose landward and lateral limits are marked by a change in
grade from ten {10) percent or greater to less than ten (10) percent, and
upon any part of which is growing on July 1, 1980, or grows thereon subsequent
thereto, any one or more of the following: American beach grass (Ammophilla
breviligulata); beach heather {Hudsonia tometosa); dune bean (Strophostylis
umbellata var, paludigena); dusty miller (Artemisia stelleriana}; saltmeadow
hay (Spartina patens); seabeach sandwort (Arenaria peploides); sea oats
(Uniola paniculata); sea rocket {Cakile edentula); seaside goldenrod {Solidago
sempervirens); and short dune grass {Panicum ararum). For purposes of this
article "coastal primary sand dune" shall not include any mound of sand,
sandy soil or dredge soil which has been deposited by man for the purpose of
the temporary storage of such material for later use.
(e) Governmental activity shall mean any or all of the services provided
by the Commonwealth or a county or city to its citizens for the purpose of
maintaining public facilities and shall include but not be limited to such
services as construction, repairing and maintaining roads, sewage facilities,
supplying and treating water, street lights and constructing public buildings.
(f) Wetlands board or board means the board created as provided for in
section 62.1-13.6 of the Code of Virginia.
(g) Reach means a coastal segment of sandy beach fronting on the
Chesapeake Bay (i) upon which there is mutual interaction of the forces of
erosion, sediment transport and accretion, (ii) whose landward limit, where
no coastal primary sand dune can be identified, is defined by the nearest
man-made impermeable structure or structures similarly located where a
proposed structure is contemplated, or roads or bulkheads and (iii} lies
within a county, city or town which is receiving or has received funds under
the provisions of Chapter 21 (section 10-215 et seq.) of Title 10 of the
Code of Virginia. Whenever coastal primary sand dunes are referred to in
this article, such reference shall also include reaches.
170
Sec. 1602. Uses.
The following uses of and activities on dunes are permitted if otherwise
permitted by law:
(a) The construction and maintenance of noncommercial walkways which do
not alter the contour of the coastal primary sand dune;
(b) The construction and maintenance of observation platforms which are
not an integral part of any dwelling and which do not alter the contour of
the coastal primary sand dune;
(c) The planting of beach grasses or other vegetation for the purpose
of stabilizing coastal primary sand dunes;
(d) The placement of sand fences or other material on or adjacent to
coastal primary sand dunes for the purpose of stabilizing such features, except
that this provision shall not be interpreted to authorize the placement of
any material which presents a public health or safety hazard;
(e) Sand replenishment activities of any private or public concern,
provided no sand shall be removed from any coastal primary sand dune unless
authorized by lawful permit;
(f) The normal maintenance of any groin, jetty, riprap, bulkhead or other
structure designed to control beach erosion which may abut a coastal primary
sand dune;
(g) The normal maintenance or repair of presently existing roads,
highways, railroad beds and facilities of the United States, this Commonwealth
or any of its counties or cities, or those of any person, firm, corporation,
or utility, provided no coastal primary sand dunes are altered;
(h) Outdoor recreational activities, provided that such activities do
not alter the natural contour of the coastal primary sand dune or destroy
its vegetation;
(i) The conservation and research activities of the Virginia Marine
Resources Commission, the Virginia Institute of Marine Science, the Department
of Game and Inland Fisheries and other related conservation agencies;
(j) The construction and maintenance of aids to navigation which are
authorized by governmental authority;
(k) Activities pursuant to any emergency declaration by the governing
body of any local government or the Governor of the Commonwealth or any
public health officer for the purposes of protecting the public health or
safety; and
(1) Governmental activity on coastal primary sand dunes owned or leased
by the Commonwealth of Virginia or a political subdivision thereof.
171
Sec. 1603. Applications for permits.
Any person who desires to use or alter any coastal primary sand dune
within the City of Virginia Beach, other than for those activities specified
in section 1602 herein, shall first file an application with the wetlands
board at the office of the city engineer in accordance with section 4 of
section 62.1-13.5 of the Code of Virginia. The wetlands board may establish
a processing fee in accordance with section 4 of section 62.1-13.5 of the
Code of Virginia. No person shall be required to file two {2) separate
applications for permits, if the project to be undertaken would require that
a permit be filed in accordance with section 62.1-13.5 of the Code of Virginia
as well as this article. Under such circumstances, the fee accompanying the
application required by section 62.1-13.5 shall also be the fee for the
purpose of this article.
Sec. 1604. Public inspection of permit applications, maps, etc.
All applications, maps, and documents relating thereto shall be open for
public inspection at the office of the city engineer.
Sec. 1605. Public hearing procedure on permit applications.
Not later than sixty (60) days after receipt of such application, the
wetlands board shall hold a public hearing on such application. The applicant,
the local governing body, the Commissioner, the owner of record of any land
adjacent to the coastal primary sand dunes in question, known claimants of
water rights in or adjacent to the coastal primary sand dunes in question,
the Virginia Institute of Marine Science, the Department of Game and Inland
Fisheries, the Virginia Water Control Board, the Department of Transportation
and governmental agencies expressing an interest therein shall be notified
by the board of the hearing by mail not less than twenty {20) days prior to
the date set for the hearing. The wetlands board shall also cause notice of
such hearing to be published at least once a week for two {2) weeks prior to
such hearing in the newspaper having a general circulation in the City of
Virginia Beach. The costs of such publication shall be paid by the applicant.
Sec. ]606. Action of board on permit application.
In acting on any application for a permit, the board shall grant the
application upon the concurring favorable vote of four (4) members. The
chairman of the board, or in his absence the acting chairman, may administer
oaths and compel the attendance of witnesses. Any person may appear and be
heard at the public hearing. Each witness at the hearing may submit a
concise written statement of his testimony. The board shall make a record
of the proceeding, which shall include the application, any written statements
of witnesses, a summary of statements of all witnesses, the findings and
decision of the board, and the rationale for the decision. The board shall
make its determination within thirty {30) days from the hearing. If the
board fails to act within such time, the application shall be deemed approved.
Within forty-eight (48) hours of its determination, the board shall notify the
applicant and the Commissioner of such determination and, if the board has
not made a determination, it shall notify the applicant and the Commission
that thirty (30) days has passed and the application is deemed approved.
The term "act" referenced above shall be the action of taking a vote on the
172
application. If the application receives less than four (4) concurring
favorable votes, this will be a determination to deny the permit.
The board shall transmit a copy of the permit to the Commissioner. If the
application is reviewed or appealed, then the board shall transmit the
record of its hearing to the Commissioner. Upon a final determination by
the Commission, the record shall be returned to the board. The record shall
be open for public inspection at the office of the city engineer.
Sec. 1607. Bonding requirements; suspension or revocation of permit.
The board may require a reasonable bond or letter of credit in an amount
and with surety and conditions satisfactory to it securing to the City of
Virginia Beach compliance with the conditions and limitations set forth in
the permit. The board may, after hearing as provided herein, suspend or
revoke a permit if the board finds that the applicant has failed to comply
with any of the conditions or limitations set forth in the permit or has
exceeded the scope of the work as set forth in the application. The board
after hearing may suspend a permit if the applicant fails to comply with the
terms and conditions set forth in the application.
Sec. 1608. Review procedure; grant or denial of permit.
(a} In making its decision whether to grant, to grant in modified
form, or to deny an application for a permit, the board shall base its
decision on the following factors:
(1) Such matters raised through the testimony of any person in support
of or in rebuttal to the permit application.
(2) Impact of the development on the public health and welfare as
expressed by the policy and standards of Chapter 2.2 of Title 62.1
of the Code of Virginia and any guidelines which may have been
promulgated thereunder by the Commission.
(b) If the board, in applying the standards above, finds that the
anticipated public and private benefit of the proposed activity exceeds the
anticipated public and private detriment and that the proposed activity
would not violate or tend to violate the purposes and intent of Chapter 2.2
of Title 62.1 of the Code of Virginia and of this article, the board shall
grant the permit, subject to any reasonable condition or modification designed
to minimize the impact of the activity on the ability of the City of Virginia
Beach to provide governmental services and on the rights of any other person
and to carry out the public policy set forth in Chapter 2.2 of Title 62.1 of
the Code of Virginia and in this article. Nothing in this section shall be
construed as affecting the right of any person to seek compensation for any
injury in fact incurred by him because of the proposed activity. If the board
finds that the anticipated public and private benefit from the proposed
activity is exceeded by the anticipated public and private detriment or that
the proposed activity would violate the purposes and intent of Chapter 2.2
of Title 62.1 of the Code of Virginia and of this article, the board shall
deny the permit application with leave to the applicant to resubmit the
application in modified form.
173
Sec. 1609. Permits to be in writing, signed and notarized.
The permit shall be in writing, signed by the chairman of the board and
notarized. No permit granted by the wetlands board shall affect in any way
the applicable zoning and land use ordinances of the City of Virginia Beach.
Sec. 1610. Expiration date and extensions of permits.
No permit shall be granted without an expiration date, and the board, in
the exercise of its discretion, shall designate an expiration date for
completion of such work specified in the permit from the date the board
granted such permit. The board, however, may, upon proper application
therefor, grant extensions.
Sec. 1611.
Emergency sand grading activities on sand dunes located on
the Atlantic shoreline of Virginia Beach.
Notwithstanding the provisions of sections 1601 through 1610, sand grading
activities are permitted on coastal primary sand dunes located on the Atlantic
shoreline of the City of Virginia Beach if otherwise permitted by law, and
if the city manager has declared an emergency and has issued a permit for
this purpose. Such activities may be conducted without advance notice and
hearing; however, the city manager, upon request and after reasonable notice
as to time and place, shall hold a hearing to affirm, modify, amend, or
cancel such emergency permit. "Emergency," as used in this section, means a
sudden and unforeseeable occurrence or condition, either as to its onset or
as to its extent, of such disastrous severity or magnitude that governmental
action beyond that authorized or contemplated by existing law is required
because governmental~inaction for the period required to amend the law to meet
the exigency would work immediate and irrevocable harm upon the citizens of
the Commonwealth or some clearly defined portion or portions thereof.
Sec. 1612. Conducting activity without permit.
No person shall conduct any activity which would require a permit under
this article unless he has a permit therefor.
Sec. 1613. Administrative, appellate and enforcement provisions.
In administering the provisions of this article and in order to provide
for appellate review and enforcement, the wetlands board shall bear all
those duties and responsibilities and follow those procedures specified in
sections 62.1-13.7 through 62.1-13.19 of the Code of Virginia in the same
manner and on the same basis as it administers and enforces article 14 of
the zoning ordinance of the City of Virginia Beach, Virginia.
Sec. 1614. Investigations and prosecutions.
The wetlands board shall have the authority to investigate all projects,
whether proposed or ongoing, which alter coastal primary sand dunes located
within the City of Virginia Beach. The wetlands board shall have the power
to prosecute all violations of any order of such board, or any violation of
any provision of the coastal primary sand dune zoning ordinance contained in
174
section 62.1-13.25 of the Code of Virginia or in article 16 of the zoning
ordinance of the City of Virginia Beach, Virginia.
Sec. 1615. Violation of orders, rules and regulations.
Any person who knowingly, intentionally, negligently or continually violates
any order, rule or regulation of the Commission or of the wetlands board or
violates any provision of Title 62.1, Chapter 2.2, of the Code of Virginia
or this article of the zoning ordinance of the City of Virginia Beach,
Virginia, or any provision of a permit granted by the wetlands board or the
Commission pursuant to Title 62.1, Chapter 2.2, of the Code of Virginia or
this article of the zoning ordinance of the City of Virginia Beach, Virginia,
shall be guilty of a misdemeanor. Following a conviction, every day the
violation continues shall be deemed a separate offense.
Sec. 1616. - Injunctions.
In addition to and notwithstanding the provisions of section 62.1-13.27 of
the Code of Virginia and sections 1613 and 1616 of this article, upon petition
of the wetlands board to the circuit court of the City of Virginia Beach,
the court may enjoin such unlawful act and may order the person so acting
unlawfully to take such steps as are necessary to restore, protect and
preserve the coastal primary sand dunes involved.
Sec. 1617. Exemptions.
(a) Nothing in this article shall affect any project or development
(i) for which 'a valid building permit or final site plan approval has been
issued prior to July 1, 1980; or (ii) which, if no building permit is required
for such project, including a locally approved mining operation, has been
otherwise commenced prior to July 1, 1980, and certified as exempt by the
Commission or the wetlands board; or (iii) approved by the council of City of
Virginia Beach pursuant to Ordinance No. 931 which was the coastline management
ordinance in effect from March 26, 1979 to July 1, 1980. Nothing in this
section shall be deemed to exclude from regulation any activity which expands
or enlarges upon a project already in existence or under construction.
(b) The Virginia Beach Wetlands Board shall make an ongoing deter-
mination in the Sandbridge Beach subdivision of the area bounded on the
north by Dam Neck Naval Base, on the west by Sandfiddler Road, and on the
south by White Cap Lane, to determine which structures or properties are in
clear and imminent danger from erosion and storm damage due to severe wave
action or storm surge. The owners of structures or properties so defined
shall not be prohibited from erecting and maintaining protective bulkheads
or other equivalent structural improvements of a type, size and configuration
approved by the Virginia Beach Wetlands Board. The Virginia Beach Wetlands
Board shall not impose arbitrary or unreasonable conditions upon its approval
of any such bulkhead or other structural improvement but shall maintain a
continuing responsibility to ensure that each bulkhead or structural improvement
constructed under the authority of this section is maintained in a condition
which is safe, structurally sound, and otherwise in conformity with the
reasonable conditions imposed by the wetlands board. However, prior to the
undertaking of construction of bulkheads or other structural improvements,
adjacent property owners on both sides of the proposed bulkhead or other
175
structural improvement shall indicate by written agreement their consent to
the proposed construction. Such written agreement shall be submitted with
the application requesting approval of the improvement to the wetlands
board. At the time the application is submitted, the applicant shall consent
in writing to any subsequent construction which may occur whereby an adjacent
property owner desires to tie in a bulkhead at no additional cost with that
bulkhead proposed by the applicant. Such consent shall be considered a
waiver of property line defenses relating to the bulkhead line.
176
- 22 -
Item IV-H.2.b.c.d.o.
ORDINANCES/RESOLUTIONS
ITEM # 29221
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ADOPTED:
DEVELOPMENT ORDINANCE REVISIONS:
ADOPTED ORDINANCE TO AMEND AND REORDAIN SECTION
~.4(i) OF THE SUBDIVISION ORDINANCE PERTAINING
TO LOTS
ADOPTED ORDINANCE TO AMEND AND REORDAIN SECTION
4.4(e) OF THE SUBDIVISION ORDINANCE PERTAINING
TO LOTS WHERE THE SIDE OR REAR OF A RESIDENTIAL
LOTS ABUTS A MAJOR RIGHT-OF-WAY
ADOPTED ORDINANCE TO AMEND AND REORDAIN SECTION
4.4(f) OF THE SUBDIVISION ORDINANCE PERTAINING
TO SIDE LOT LINES
ADOPTED ORDINANCE ESTABLISHING STORMWATER
MANAG~2~ENT REGULATIONS FOR THE CITY PROCEDURES
AND REQUIREMENTS IN RELATION TO STOR~6~[ATER
MANAGEMENT PLANS, AND PENALTIES FOR VIOLATION
OF SUCH REGULATIONS
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
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4o4(i)
OF THE SUBDIVISION ORDINANCE
PERTAINING TO LOTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.4, Lots, of the Subdivision Ordinance be amended and
reordained as follows:
{i) E~_~nes_f~em.wh~eh-~edueed-~equ~red-~+de-ya~-may-be-measu~e~
s~a~)~_+~_any_~o~+ng_d~s~e~-wh+eh-a~lews-them~-be-de~§na~e~-~n-a-d~Y
~eee~ded_subd4v+s+en_p)a~_by-mea~s-o~-~he-~e~ew+n§-ne~ee--~Redueed-~equ~e~
s+ae-yawd-)+ne-few-)e{ ...... ru__lhe_app~ep~a~e-~e~-des+§na~eR-numbe~-s~a11
be_p~aeea_~_~e_b~a~k:_.Ea~-~eaueea-~equ~ed-s~de-ya~-~e-s~a~-~ave-a
~ve_(~_foe~_ma~e~a~e_easeme~-p~ev~e~-adjaee~-~e-~-~e~-~e-beeef~
o~_%ke-ad~e~a~§-p~epe~;y-ew~e~.
(~½ (i) Any lot.created by subdivision which meets the area and
dimensional requirements of some of the uses in the zoning district in
which it is located, but not all uses, and is thus restricted by the zoning
ordinance as to use, shall have such restriction clearly noted on the plat.
(k~ J_~ Each plat of any area adjacent to a tidal shoreline or drainage-
way on which for any lot along the banks thereof there is a slope of eight (8)
percent or greater as determined by the city engineer's office shall contain
a statement as follows: "Further development of these lots including any
filling or physical alteration of the lots may require additional permits
from the City of Virginia Beach or other governmental agencies."
(1) _~ If highly erodible soils are existing, as determined by the
city soil scientist on any lot within or adjacent to floodplains, then the
plat creating such lot shall contain a statement as follows: "Due to the high
erodibility of the soils existing within or adjacent to floodplains, removal
of existing vegetation or alteration of existing contours may accelerate
erosion and may require additional permits from the City of Virginia Beach or
other governmental agencies."
Adopted by the Council of the City of Virginia Beach, Virginia, on the
18day of April , 19 88 ~'
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.4(e)
OF THE SUBDIVISION ORDINANCE
PERTAINING TO LOTS
BE IT ORDAINED BY TIlE COUNCIL OF TltE CITY OF VIRGINIA BEAClt, VIRGINIA:
That Section 4.4, Lots, of the Subdivision Ordinance be amended
and reordained as follows:
(e) Double frontage and reversed frontage residential lots shall
in general be avoided except where essential to provide residential
separation from traffic arteries or to overcome other disadvantages of
orientation or topography. A-p~a~;4~§-~¢~eemea~eme+~t-~4~-~t--lea~¢~
~4~h~-o~-a~e55~ Where the s~de or rear of a residential lot abuts a
~or rib}t-of-way ninet~]90) feet or more in w~dth as shown in the
Master Street and }{%~]hway Plan, the~e shall be located on the lot alon~
the rifiht-of-way ]~ne Catefiory VI screen~n9 in accordance w~th the
~irgin~a Beach Landscaping, Screening and Buffering Standards and
~pec~ficat~ons: lhere shall be no riqht of ingress or egress across
such buffer.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 18 day of . ~pril 1988 ,
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.4(f)
OF THE SUBDIVISION ORDINANCE
PERTAINING TO LOTS
BE IT ORDAINED BY THE cOUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.4, Lots, of the Subdivision Ordinance be amended and
reordained as follows:
ines shall be substantially perpendicular or radial
(f) Side lot 1 ..... ~ ~e~._a~ea-fe~-ae~ess-a~4
to street lines,.u~ess-sa~s~a~e~Y-~:-P°~ '
~%~y.easeme,~_~a~e~,-~a,-e~e~w~se-be-p~ev&~eU and shall not var~
· r or radi~irt '(~0 _d_e_ ~re~e.s~
f~nm the oe~~ ~rm~s~ble If such
ever reater varla e lot meets the minimum lot wldt
varla .
requirements of the zon~n9 ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
18.. day of April .., 19 88_.
AN ORDINANCE ESTABLISHING
STORMWATER MANAGEMENT REGULATIONS
FOR THE CITY OF VIRGINIA BEACH,
PROCEDURES AND REQUIREMENTS IN RELATION
TO STORMWATER MANAGEMENT PLANS, AND PENALTIES
FOR VIOLATION OF SUCH REGUL/~TIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Sec. 1. Title.
This ordinance shall be known as tile "Stormwater Management
Ordinance".
Sec. 2. Findings of facts.
The City of Virginia Beach finds that uncontrolled drainage and
development of land has a significant adverse impact upon the health,
safety and welfare of the community. More specifically:
(al Stormwater runoff can carry pollutants into receiving water bodies,
degrading water quality;
(b) The increase in nutrients such as phosphorus and nitrogen accelerates
eutrophication of receiving waters, adversely affecting flora and fauna;
(c) Improperly channeling water increases the velocity of runoff,
thereby increasing erosion and sedimentation;
(d) Construction requiring the alteration of natural topography and
removal of vegetation tends to increase erosion;
(el Siltation of water bodies resulting from increased erosion decreases
their capacity to hold and transport water, interferes with navigation
and harms flora and fauna;
(fl Impervious surfaces increase the volume and rate of stormwater
runoff and allow less water to percolate into the soil, thereby decreasing
groundwater recharge;
(g) Improperly managed stormwater runoff can increase the incidence of
flooding and the level of floods which occur, endangering property and
human life;
(h) Improperly managed stormwater runoff can interfere with the
maintenance of optimum salinity in estaurine areas, thereby disrupting ·
biological productivity;
(i) Substantial economic losses result from these adverse impacts on
city waters; and
(j) Many future problems can be avoided if land is developed in accordance
with sound stormwater runoff management practices.
Sec. 3. Objectives.
In order to protect, maintain, and enhance both the immediate and
· the long term health, safety and general welfare of the citizens of the
City of Virginia Beach, this ordinance has the following objectives:
(a) To encourage productive and enjoyable harmony between development
interests and the natural resources of the city;
(b) To protect, restore and maintain the chemical, physical and biological
integrity of city waters;
(c} To prevent activities which harm the city by adversely affecting
water resources;
(d) To encourage the construction of drainage systems which maintain or
functionally approximate existing natural systems;
(e) To encourage the protection of natural drainageways and the use of
them in ways which do not impair their beneficial functioning;
(f) To encourage the use of drainage systems which minimize the
consumption of electrical energy or petroleum fuels to move water, remove
8
pollutants or maintain the ~ystems;
(g) To minimize the transport of pollutants to city waters;
{h} To maintain or restore groundwater levels;
(i) To protect, maintain or restore natural salinity levels in estuarine
areas;
{j} To minimize erosion and sedimentation;
{k} To prevent damage to wetlands;
(1) To prevent damage from flooding, while recognizing that natural
fluctuations in water levels are beneficial;
(m) To protect, restore and maintain fish and wildlife habitat in the
watersheds of the city; and
(n) To ensure the attainment of these objectives by requiring the
approval and implementation of stormwater management plans for all
activities which may have an adverse impact upon city waters.
Sec. 4. Definitions.
Unless specifically defined below, words or phrases shall be
interpreted so as to give them the meaning they have in con,non usage and
to give this ordinance its most effective application. Words used in
the singular shall include the plural and the plural the singular;
words used in the present tense shall include the future tense. The
word "shall" connotes mandatory and not discretionary; the word "may"
is permissive.
(a} Adverse Impacts are any modifications, alterations or effects
on a feature or characteristic of community waters or wetlands, including
their quality, quantity, hydrodynamics, sdrface area, species composition,
living resources, aesthetics or usefulness for human or natural uses
which are or may potentially be harmful or injurious to human health,
welfare, safety or property, to biological productivity, diversity or
stability or which unreasonably interfere with the enjoyment of life or
property, including outdoor recreation. The term includes secondary
and cumulative as well as direct impacts.
(b) Clearing means the removal of trees and brush from the land
but shall not include the ordinary mowing of grass.
(c) Detention refers to the collection and storage of surface
water for subsequent gradual discharge.
(d) Developer means any person who engages in development either
as the owner or as the agent of an owner of property.
(e) Development or Development Activity means:
(1) the construction, installation, alteration, demolition
or removal of a structure, impervious surface or drainage facility;
(2) clearing, scraping, grubbing or otherwise removing or
killing the vegetation of a site; or
(3) adding, removing, exposing, excavating, leveling, grading,
digging, burrowing, dumping, piling, dredging or otherwise significantly
disturbing the soil, mud or sand of a site.
(f) Drainage Facility means any manmade or man-altered component
of the drainage system.
(g)
the land.
(h)
of wind or water.
(i) Flood is a temporary rise
watercourse or wetland which results
Drainage System is the system through which water flows from
It includes all watercourses, waterbodies and wetlands.
Erosion is the wearing or washing away of soil by the action
in the level of any waterbody,
in the inundation of areas not
10
ordinarily covered by water.
(j} Impervious Surface means a surface which has been compacted
or covered with a layer of material so that it is highly resistant to
infiltration by water. It includes semi-impervious surfaces such as
compacted clay, as well as most conventionally surfaced streets, roofs,
sidewalks, parking lots and other similar structures.
{k) Manual of Stormwater Management Practices refers to the
guidance, specifications and techniques made available to the public as
required by section 11 for each activity described in section 5 of this
ordinance.
(1) Natural Systems means systems which predominantly consist of
or use those conmnunities of plants, animals, bacteria and other flora and
fauna which occur indigenously on the land, in the soil or in the
water.
(m) Owner is the person in whom is vested the fee ownership,
dominion or title of property, i.e., the proprietor. This term m~y also
include a tenant, if chargeable under his lease for the maintenance of
the property, and any agent of the owner or tenant including a developer.
(n) Person means any and all persons, natural or artificial and
includes any individual, firm, corporation, government agency, business
trust, estate, trust, partnership, association, two or more persons
having a joint or common interest or any other legal entity.
(o) Predevelopment Conditions are those conditions which existed
before alteration, resulting from human activity, of the natural
topography, vegetation and rate, volume or direction of surface or ground
water flow, as indiJated by the best available historical data.
(p) Receiving Bodies of Water shall mean any waterbodies,
11
watercourses or wetlands intowhich surface waters flow either naturally,
in manmade ditches or in a closed conduit system.
(q) Retention refers to the collection and storage of runoff
without subsequent discharge to surface waters.
(r) Sediment is fine p~rt~culate material, whether mineral or
organic, that is in suspension or has settled in a waterbody.
(s) Sedimentation Facility means any structure or area which is
designed to hold runoff water until suspended sediments have settled.
(t) S~te means any tract, lot or parcel of land or combination of
tracts, lots or parcels of land which are in one ownership or are
contiguous and in diverse ownership where development is to be performed
as part of a unit, subdivision or project.
(u) Structure means that which is built or constructed, an edifice
or building of any kind or any piece of work artificially built up or
composed of parts joined together in some definite manner but shall not
include fences or signs.
(v) Subdivide means to divide the ownership of a parcel of land,
whether improved or unimproved, into two or more contiguous lots or
parcels of land in accordance with the provisions of the Subdivision
Regulations.
(w) Vegetation means all plant growth, especially trees, shrubs,
vines, ferns, mosses and grasses.
(x) Waters or Community of Waters means any and all water on or
beneath the surface of the ground. It includes the water in any
watercourse, waterbody or drainage system. It also includes diffused
surface water and water percolating, standing or flowing beneath the
surface of the ground, as well as coastal waters.
12
{y} Stormwater Management Plan refers to the detailed analysis
required by section 6 for each activity described in section 5 of this
ordinance.
(z) Watercourse means any natural or artificial stream, river,
creek, channel, ditch, canal, conduit, culvert, drain, waterwaj,, gully,
ravine, street, roadway, swale or wash in which water flows in a definite
direction, either continuously or intermittently, and which has a
definite channel, bed or banks.
{aa} Waterbody means any natural or artificial pond, lake, reservoir
or other area which ordinarily or intermittently contains water and
which has a discernible shoreline.
{bb) Watershed means a drainage area or drainage basin contributing
to the flow of water in a receiving body of water.
{cc} Wetlands means those areas where:
{1} the soil is ordinarily saturated with water;
{2} the dominant plant community is one or more of those
species designated by the U.S. Army Corps of Engineers as identifying
wetlands or the transitional zone of wetlands; or
{3) there exist "vegetated wetlands" or "nonvegetatedwetlands"
as defined in the Wetlands Zoning Ordinance.
Sec. 5. Applicability.
(al Unless exempted pursuant to subsection (b) or waived pursuant
to subsection (c), a Stormwater Management Plan must be submitted and
approved:
(1)
before an existing drainage system is altered, rerouted,
deepened, widened, enlarged or obstructed in preparation for
13
(2)
development;
before or concurrent with the submittal and approval of an
erosion and sediment control and tree protection plan as
specified in the Erosion and Sediment Control and Tree Protection
'Ordinance; or
{3} before development is commenced.
{b) Exenl)tions.
The following development activities are exempt from the
Stormwater Management Plan requirement:
(1) the development of less than five single family or duplex
residential dwelling units and their accessory structures
{such as fences, storage sheds and septic tanks);
(2) all agricultural activities not associated with development;
(3) any maintenance, alteration, use or improvement to an existing
structure not changing or affecting quality, rate, volume or
location of surface water discharge; or
(4) maintenance activities undertaken by any federal or state
governmental agency.3
(c) Waivers.
{1} A waiver of the requirement to submit and have approved
a Stormwater Management Plan may be obtained by submitting
an application on forms supplied by the city engineer.
The application shall contain:
(i) the name, address and telephone number of the
developer and owner;
3
As recommended by the HMP Committee.
14
(ii) a description and a drawing of the proposed
development;
(iii)the location of the development; and
(iv) any other information requested by the departments
of planning or public works that is reasonably
necessary to evaluate the proposed development.
(2) The city engineer shall initiate and coordinate review
by affected a§encies of the city for comments on whether
to grant or deny a waiver. The city manager may grant
a waiver if, in his determination, the development is
not likely to:
(i) increase or decrease the rate or volume of stormwater
runoff;
(ii) have an adverse impact on a wetland, watercourse or
waterbody;
(iii)contribute to the degradation of water quality;
or
(iv) otherwise impair attainment of the objectives of
this ordinance.
(d) Variances.
The city engineer may authorize in specific cases a written variance
from any requirement of this ordinance which will not be contrary to
the public interest when, owing to special conditions, a literal
enforcement will result in unnecessary hardships, provided that the
spirit of this ordinance shall be observed and substantial justice
done. A variance shall be authorized by the city engineer only under the
following criteria:
15
(1) strict application of the ordinance will produce undue hardship;
(2) there are special circumstances applicable to the subject
property or its intended use;
(3) the problem involved is not of so general or recurring a
nature as to make reasonably practicable the formulation of
general regulations to be adopted as an amendment to the
ordinance; and
(4) the granting of the variance will not:
(i) increase or decrease the rate or volume of stormwater
runoff;
(ii) have an adverse impact on a wetland, watercourse or
waterbody;
(iii) contribute to the degradation of water quality;
(iv) be of substantial detriment to adjacent property
or adversely affect the character of adjoining
neighborhoods; or
(v) otherwise impair attainment of the objectives of
this ordinance.
Where a variance is granted, the city engineer may attach such
conditions and safeguards as are deemed necessary to protect general
public interest or the character of adjoining neighborhoods, and may
require a guarantee or bond to assure compliance.
Sec. 6. Stormwater management plan.
(a) It is the responsibility of an applicant to include in the
Stormwater Management Plan sufficient information for the departments
of planning and public works to evaluate the environmental characteristics
16¸
of the affected areas, the potential and predicted impacts of the
proposed activity on city waters and the effectiveness and acceptability
of those measures proposed by the applicant for reducing adverse impacts.
lhe Stormwater Management Plan shall contain maps, charts, graphs,
tables, photographs, narrative descriptions and explanations and citations
to supporting references, as appropriate, to communicate the information
required by this section.
(b) The Stormwater Management Plan shall contain the name, address
and telephone number of the owner and the developer. In addition, the
legal description of the property shall be provided and its location
with reference to such landmarks as major waterbodies, adjoining roads,
railroads or subdivisions shall be clearly identified by a map.
(c) The existing environmental and hydrologic conditions of the
site and of receiving waters and wetlands shall be described in detail,
including the following:
(1) the direction, flow rate and volume of stormwater runoff
under existing conditions;
(2) the location of areas on the site where stormwater collects
or percolates into the ground;
(3) a description of all watercourses, waterbodies and
wetlands on or adjacent to the site or into which stormwater
flows. Information regarding their water quality and
the current water quality classification, if any, given
them by the Virginia Water Control Board shall be included;
(4) groundwater levels, including seasonal fluctuations;
(5) location of floodplains;
(6) vegetation;
17
~nclud~ng:
(z)
(3)
(7) topography; and
(8) soils.
Proposed alterations of the site shall be described in detail,
(4)
changes in topography;
areas where vegetation will be cleared or otherwise killed;
areas that will be covered with an impervious surface
and a description of the surfacing material; and
the size and location of any buildings or other structures.
(e) Predicted impacts of the proposed development on existing
conditions shall be described in detail, including:
(1} changes in water quality;
{2} changes in groundwater levels;
(3) changes in the incidence and duration of flooding on the
site and upstream and downstream from it;
{4} impacts on wetlands; and
(5) impacts on vegetation.
(f) All components of the drainage system and any measures for
the detention, retention or infiltration of water or for the protection
of water quality shall be described in detail, including:
{1) the channel, direction, flow rate, volume and quality of
stormwater that will be conveyed from the site, with a
comparison to existing conditions and, to the extent
practicable, predevelopment conditions;
(2) detention and retention areas, including plans for the
discharge of contained waters, maintenance plans and
predictions of water quality in those areas;
18
(3) areas of the site to be used or reserved for percolation
including a prediction of the impact on groundwater quality;
(4) a plan for the control of erosion and sedimentation
which describes in detail the type and location of
control measures, the stage of development at which they
will be put into place or used and provisions for their
maintenance. Such plan shall be filed in accordance
with the provisions of the Erosion and Sediment Control
and Tree Protection Ordinance; and
(5) any other information which the developer or the departments
of planning and public works believe is reasonably
necessary for an evaluation of the development.
Sec. 7. Pr~edures ar~) fees.
(a) Any person planning a development as defined in this ordinance,
unless exempted, shall submit a Stormwater Management Plan or an
application for waiver to the city engineer.
(b} Within ten {10} working days after submission of the completed
waiver application, the city engineer shall notify the applicant that
the waiver has been approved or denied and whether a Stormwater Management
Plan must be submitted by the applicant.
(c) A processing fee will be collected at the time the Storn~water
Management Plan or application for waiver are submitted and will reflect
the cost of administration and management of the review process. The
city council shall establish, by' resolution, a prorated fee schedule
based upon the relative complexity of the project. The fee schedule may
be amended from time to time by the city council by resolution. Notice
19
of such resolution shall be published no less than fifteen (15) days
prior to adoption.
(d} Within sixty (60) working days after submission of the completed
Stormwater Management Plan, the city engineer shall approve, with or
without specified conditions or modifications, or reject the plan and
shall notify the applicant accordingly. If the city engineer has not
rendered a decision within forty five (45) working days after plan
submission, the plan shall be deemed approved and the applicant shall
be authorized to proceed with the proposed activity. If the plan is
rejected or modified, the city engineer shall specify such modifications,
terms and conditions as will allow plan approval. However, it is not
the responsibility of the city engineer to design an acceptable project.
(el The Stormwater Management Plan shall not be approved unless
it clearly indicates that the proposed development will meet the
performance standards described in section 8 and the design standards
described in section 9, except where a variance has been granted pursuant
to section 5, subsection (d), or where an off-site drainage facility is
approved pursuant to section 10. Such plan shall also be in accordance
with the specifications outlined in the Manual of Stormwater Management
Practices described in section 11.
(fl Inspections. No Stormwater Management Plan may be approved
without adequate provision for inspection of the property before
development activity commences. The applicant shall arrange with the city
engineer for scheduling the following inspections:
{1) Initial inspection: prior to approval of the Stormwater
Management Plan;
2O
(2) Bury inspection; prior to burial of any underground
drainage structure;
(3) Erosion control inspection: as necessary to ensure
effective control of erosion and sedimentation; and
(4} Finish inspection: when all work including installation
of all drainage facilities has been completed.
The city engineer shall inspect the work and shall either approve it or
notify the applicant in writing in what respects there has been a
failure to comply with the requirements of the approved Stormwater
Management Plan. Any portion of the work which does not comply shall
be promptly corrected by the applicant or the applicant will be subject
to the penalty provisions of section 13.
(g) Appeals. Any person aggrieved by the action of any official
charged with the enforcement of this ordinance, as the result of the
disapproval of a properly filed plan or application for a waiver, or an
alleged failure by an official to properly enforce the ordinance in
regard to a specific application, shall have the right to appeal the
action to the appropriate court of record. The appeal shall be filed
in writing within thirty (30) days of the date of official transmittal
of the final decision or determination to the applicant, shall state
clearly the grounds on which the appeal is based, and shall be reviewed
in accordance with the provisions of the Administrative Process Act
{Section 9-6.14:1 et seq. of the Code of Virginia).
Sec. 8. Performance standards.
Stormwater Management Plans must demonstrate the proposed development
or activity has been planned and designed and will be constructed and
21
maintained to meet each of the following standards:
(a) Ensure that after development, runoff from the site approximates
the rate of flow and timing of runoff that would have occurred following
the same rainfall under existing conditions and, to the extent practicable,
predevelopment conditions, unless runoff is discharged into an off-site
drainage facility as provided in section 10;
(b) Incorporate those measures which shall ensure compliance with
the following design storm event criteria:
Parcel Size
less than 300 acres
300 to 500 acres
greater than 500 acres
(c) Maintain the natural
watershed;
Design Storm Event
10 year storm
25 year storm
50 year storm
hydrodynamic characteristics of the
(d) Protect or restore the quality of ground and surface waters;
(e) Ensure that erosion during and after development is minimized;
(f) Protect groundwater levels;
{g) Protect the beneficial functioning of wetlands as areas for the
natural storage of surface waters and the chemical reduction and
assimilation of pollutants;
(h) Prevent increased flooding and damage that results from
improper location, construction and design of structures in areas which
are presently subject to an unacceptable danger of flooding;
(i} Prevent or reverse salt water intrusion;
(j) Protect the natural fluctuating levels of salinity in estuarine
areas;
(k) Minimize injury to flora and fauna and adverse impacts to
fish and wildlife habitat; and
(1) Otherwise further the objectives of this ordinance.
22
Sec. 9. Design criteria.
To ensure attainment of the objectives of this ordinance and to
ensure that performance standards will be met, the design, construction
and maintenance of drainage systems shall be in accordance with the
specifications outlined in the Manual of Stormwater Management Practices
described in section 11 and shall meet the following design criteria:
(a) Channeling runoff directly intowaterbodies shall be prohibited.
Instead, runoff shall be routed through systems designed to increase
time of concentration, decrease velocity, increase infiltration, allow
suspended solids to settle and remove pollutants.
(b) Natural watercourses shall not be dredged, cleared of vegetation,
deepened, widened, straightened, stabilized or otherwise altered.
Water shall be retained or detained before it enters any natural
watercourse in order to preserve the natural hydrodynamics of the
watercourse and to prevent siltation or other pollution.
(c} Streambank erosion control shall be designed so as to meet or
exceed the minimum State Stormwater Management Criteria, which requires
runoff be discharged into a channel which can convey runoff from a 2
year storm event without flooding or erosion.
(d) The area of land disturbed by development shall be as small
as practicable. Those areas which are not to be disturbed shall be
protected by an adequate barrier from construction activity. Whenever
possible, all natural vegetation shall be retained and protected on the
development site.
(e) No grading, cutting or filling shall be commenced until erosion
and sedimentation control measures have been installed between the
disturbed area and waterbodies, watercourses and wetlands. Such measures
23
shall be installed in conformance with an approved plan filed in accordance
with the provisions of the Erosion and Sediment Control and Tree Protection
Ordinance.
(fl Land which
construction has not
has been cleared for development and upon which
commenced shall be protected from erosion by
appropriate techniques designed to revegetate the area.
(gl Sediment shall be retained on the site of the development.
(h) Wetlands and other waterbodies shall not be used as sediment
traps during development.
(il Erosion and sedimentation facilities shall receive regular
maintenance to insure that they continue to function properly.
(j) Artificial watercourses shall be designed with consideration
given to soil type(s), so that the velocity of flow is low enough to
prevent erosion.
(k) Vegetated filter strips shall be created or, where practicable,
retained in their natural
waterbodies or wetlands.
to prevent erosion, trap
state along the banks of all watercourses,
The width of the filter shall be sufficient
the sediment in overland runoff, provide
access to the waterbody and allow for periodic flooding without damage
to structures.
(1) Intermittent watercourses should be vegetated.
(m) Detention and retention ponds shall be used to detain and
retain the increased and accelerated runoff which the development
generates. Water shall be released from detention ponds into water
courses or wetlands at a rate and in a manner approximating the natural
flow which would have occurred before development.
24
(n) Although the use of wetlands for storing and purifying water
is encouraged, care must be taken not to overload their capacity,
thereby harming the wetlands and transitional vegetation. Wetlands
should not be damaged by the construction of detention ponds.
(o) Runoff from parking lots shall be treated to remove oil,
grease and sediment before it enters receiving waters.
{pi Detention and retention areas shall be designed so that
shorelines are winding rather than straight and so that the length of
shoreline is maximized, thus offering more space for the growth of
littoral vegetation.
(q) The banks of detention and retention areas shall slope at a
gentle grade into the water as a safeguard against drowning, personal
injury or other accidents, to encourage the growth of vegetation and to
allow the alternate flooding and exposure of areas along the shore as water
levels periodically rise and fall.
(ri The use of the natural drainage system and vegetated buffer
zones as open space and conservation areas shall be encouraged.
Sec. 10. Off-site drainage facilities.
(a) The city engineer may allow stormwater runoff that is otherwise
of unacceptable quality or which would be discharged in volumes or at
rates in excess of those otherwise allowed by this ordinance, to be
discharged into drainage facilities off the site of development only if
each of the following conditions is met:
{1) It is not practicable to completely manage runoff on the
site in a manner that meets the performance standards
and design standards of this-ordinance;
25
(2) The off-site drainage facilities and channels leading to
them are designed, constructed and maintained in accordance
with the requirements of this ordinance;
(3} Adequate provision is made for the sharing of construction
and operating costs of the facilities. The developer
may be required to pay a portion of the cost of constructing
the facilities as a condition to receiving approval of
the'Stormwater Management Plan; and
{4} Adverse environmental impacts on the site of development
will be minimized.
(b) A request to use off-site drainage facilities and all information
related to the proposed off-site facilities should be made a part of a
submitted Stormwater Management Plan. Guidelines for the consideration
of off-site facility use will be defined in the Manual of Stormwater
Management Practices.
Sec. 11. Manual of stormwater management practices.
(a} The departments of planning and public works shall compile a
Manual of Stormwater Management Practices for the guidance of persons
preparing Stormwater Management Plans and designing, operating or
maintaining drainage systems. The manual shall be updated periodically
to reflect the most current and effective best management practices
(BMP's) and shall be made available to the public.
(b) The manual shall include guidance and specifications for the
preparation of Stormwater Management Plans. Acceptable techniques for
obtaining, calculating and presenting the information required in the
Stormwater Management Plans shall be described.
26
(c) The Manual shall include guidance in the selection of
environmentally sound BMP's for the management of stormwater and the
control of erosion and sediment. Specific techniques and BMP's shall
be described in detail. The development and use of techniques and
BMP's which emphasize the use of natural systems shall be encouraged.
(d) The manual shall include minimum specifications for the
construction and maintenance of drainage facilities. Construction
specifications shall be established in accordance with current sound
engineering practices.
(el The departments of planning and public works shall submit the
manual and subsequent revisions of it to the city council for review
and approval.
Sec. 12. Maintenance.
(a) Drainage easements shall be dedicated to the City of Virginia
Beach where they are determined to be appropriately a part of the local
stormwater management system or are unlikely to be adequately maintained
by the developer or owner of the property.
(b) The systems maintained by the developer or owner shall have
adequate easements to permit the city engineer to inspect and, if
necessary, to take corrective action should the developer or owner fail
to properly maintain the system. Before taking corrective action, the
city engineer shall give written notice of the nature of the existing
defects by certified mail, postage prepaid, return receipt requested to
the developer or owner at his last known address. If the developer or
owner fails within thirty (30} days from the date of notice to coherence
corrective action or to appeal the matter to the appropriate court of
27
record, the ~tty engineer may take necessary corrective action, the
cost of which shall become a lien on the real property until paid.
(c) Minimum maintenance requirements and procedures shall be
outlined in the Manual of Stor~ater Management Practices described in
section 11.
Sec. 13. Enforcement.
(a) Nuisance. Any development activity that is commenced without
prior approval of a Stormwater Management Plan or is conducted contrary
to an approved Stormwater Management Plan as required by this ordinance,
shall be deemed a public nuisance and may be restrained by injunction
or otherwise abated in a manner provided by law.
(b) Civil and Criminal Penalties. In addition to or as an
alternative to any penalty provided herein or by law, any person convicted
of violating any of the provisions of this ordinance shall be punished
by a fine of not more than one thousand dollars ($1,000.00) or by
confinement in jail for not more than thirty (30} days, or both such
fine and confinement. Such person shall be guilty of a separate offense
for each day during which the violation occurs or continues.
{c) Any violator may be required to restore land to its undisturbed
condition. In the event that restoration is not undertaken within a
reasonable time after notice, the city engineer may take necessary
corrective action, the cost of which shall become a lien on the real
property until paid.
(d) Bonds. Prior to the approval of any Stormwater Management
P)an, the city engineer ~hall require from the applicant therefor a
reasonable performance bond, cash escrow, letter of credit or other
28
legal surety, or any combination thereof acceptable to the city attorney,
to ensure that measures may be taken by the city, at the applicant's
expense, should he fail, after proper notice, within the time specified,
to carry out his development activity in accordance with the requirements
of this ordinance. Within sixty (60} days of the finish inspection of
the development activity, such bond, cash escrow, letter of credit or
other legal surety, or the unexpended or unobligated portion thereof,
shall be refunded to the applicant or terminated as the case may be.
These requirements are in addition to all other provisions of law
relating to the approval. Of such plans and are not intended to otherwise
affect the requirements for such plans.
(e) Notice of Violation. When the city engineer determines that
development activity is not being carried out in accordance with the
requirements of this ordinance, he shall issue a written notice of
violation to the owner of the property. The notice of violation shall
contain:
(1} the name and address of the owner or applicant;
{2) the street address when available or a description of
the building, structure or land upon which the violation
is occurring;
(3} a statement specifying the nature of the violation;
{4} a description of the remedial actions necessary to bring
the development activity into compliance with this
ordinance and a time schedule for completion of such
remedial action;
(5) a statement of the penalty or penalties that shall or
may be assessed against the person to whom the notice of
29
violation is directed; and
{6) a statement that the city engineer determination of
violation may be appealed to the appropriate court of
record, provided an appeal is filed within thirty {30)
days of service of notice of violation.
The notice of violation shall be served upon the person{s) to whom
it is directed either personally, in the manner provided for peKsonal
service of notices by the appropriate court of record or by mailing a
copy of the notice of violation by certified mail, postage prepaid,
return receipt requested to such person at his last known address.
A notice of violation issued pursuant to this section constitutes
a determination from which an appeal may be taken to the appropriate
court of record.
Sec. 14. Severability.
Each separate provision of this ordinance is deemed independent of
all other provisions herein so that if any provision or provisions of
this ordinance be declared invalid, all other provisions thereof shall
remain valid and enforceable.
Sec. 15. Effective date.
This ordinance shall become effective on June 1, 1988.4
Adopted by the Council of the City of Virginia Beach, Virginia on
the 18. day of April , 1988.
Recommended by staff.
3O
- 23 -
Item IV-H.2.a.
ORDINANCES/RESOLUTIONS
ITEM # 29222
Upon motion by Councilwoman Henley, seconded by Councilman Fentress, City
Council DEFERRED INDEFINITELY:
DEVELOPMENT ORDINANCE REVISIONS:
DEFERRED INDEFINITELY ORDINANCE TO AMEND AND
REORDAIN SECTIONS 9.2, 9.3 AND 9.4 OF THE
SUBDIVISION ORDINANCE
This DEFERRAL would enable modifications to the definitions of a hardship.
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
Item IV-H.3.
ORDINANCES/RESOLUTIONS
ITEM # 29224
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
RESOLUTION: LANDSCAPE AND BUFFERING SPECIFICATIONS
AND STANDARDS TO BE APPLIED IN THE ZONING ORDINANCE
OF THE CITY OF VIRGINIA BEACH
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
April 18, 1988
A RESOLUTION TO ADOPT LANDSCAPE AND BUFFERING
SPECIFICATIONS AND STANDARDS TO BE APPLIED
IN CONNECTION WITH THE ZONING ORDINANCE OF
THE CITY OF VIRGINIA BEACH
WHEREAS, on April 18, 1988, the Council of the City of
Virginia Beach adopted a revised zoning ordinance which imposes
landscape and buffering requirements on certain uses of real
property, and
WHEREAS, to aid in
of the aforesaid landscape
the administration and enforcement
and buffering requirements, the
Council desires to adopt a set of standards and specifications
which describe and illustrate same.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
NOW,
CITY OF VIRGINIA BEACH, VIRGINIA:
That the attached document entitled:
SCREENING AND BUFFERING SPECIFICATIONS
VIRGINIA BEACH, VIRGINIA" dated April,
and shall be utilized in the
buffering, landscaping and
the City's Zoning Ordinance.
Adopted by a majority of the Council of the City of Virginia
Beach, Virginia on the 18 day of April , 1988.
"LANDSCAPING,
AND STANDARDS CITY OF
1988, is hereby adopted,
administration and enforcement of
screening requirements contained in
04/14/88
GLF/rab
~Ty A
DEPARTMENT OF PLANNING
VIRGINIA BEACH, VIRGINIA
ADOPTED BY CITY COUNCIL APRIL 18, 1988
LANDSCAPZNG, SCREENING AND BUFFERING
SP£CTFZCATIONS AND STANDARDS
CITY OF VIRGINIA BEACHj VIRGINIA
Adopted byCtty Council April 18, 1988
The purpose and intent of the Landscaping, Screening and Buffering
Specifications and Standards for the City of Virginia Beach is to
provide a set of guidelines and standards for landscape plant materials
and other landscape elements such as fences, walls and berms employed
to minimize negative impacts of proposed uses on neighboring existing uses.
These specifications and standards have been developed as an
information sourcebook and ready reference for persons who are tasked
with performing work in accordance with those city ordinances regulating
landscaping, screening and buffering. Their authority has been established
by adopted resolutions of the City Council and the ordinances of the
City of Virginia Beach.
The contents of this document are divided into thre~major sections.
The first section refers to general provisions of th~ Comprehensive
Zoning Ordinance, Subdivision Regulations and Site Plan Ordinance which
address landscaping, screening and buffering. This section also outlines
the specifics for landscape plan approval in conjunction with a site
development plan.
The second section identifies eight established categories of
landscape screening and the composition of plant materials and physical
barriers which are recommended for use in allowing for a transition
from uses of lesser intensity to those of higher intensity.
The final section identifies specifications and standards required
for plant materials and/or physical enclosures employed to satisfy
screening and buffering requirements, proper construction and installation
methods and the required levels of maintenance necessary for various
landscape elements. Particular specifications and standards which
apply to landscaping along scenic easements, scenic buffers, parking
lot landscaping, free-standing sign landscaping, erosion control and
stormwater drainage measures are also specified.
Specifications and standards have been produced with the intent of
being flexible and adaptable as new materials and methods become available.
Accordingly, suggestions and comments are solicited from users of this
manual. The Department'of Planning will review suggestions for possible
incorporation in future revisions of the manual.
TABLE OF CONTENTS
INTRODUCTION
ARTICLE 1
1.1
1.2
1.3
- GENERAL PROVISIONS
APPLICABLE CITY ORDINANCES
LANDSCAPE PLAN SUBMISSION AND APPROVAL
EXISTING SCREENING
1
1
2
2
ARTICLE 2
- DESCRIPTION AND SPECIFIC REQUIREMENTS OF LANDSCAPE
SCREENING CAIEGORIES 4
2.1 CATEGORY I 4
2.2 CATEGORY II 8
2.3 CATEGORY III 11
2.4 CATEGORY IV 14
2.5 CATEGORY V 18
2.6 CATEGORY VI 20
2.7 CATEGORY VII 24
2.8 CATEGORY VIII 27
ARTICLE
3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
GENERAL CONSTRUCTION SPECIFICATIONS AND STANDARDS
LANDSCAPING CRITERIA
PLANT MATERIALS, INSTALLATION AND MAINTENANCE
REQUIRED SCREENING
RESERVED
SCENIC EASEMENTS, SCENIC BUFFERS, VISIBILITY
TRIANGLE REQUIREMENTS AND PARKING LOT LANDSCAPING
FREE-STANDING SIGN LANDSCAPING
EROSION AND SEDIMENTATION CONTROL CRITERIA
STORMWATER DRAINAGE DESIGN CRITERIA
29
29
29
34
37
37
39
39
39
ACKNOWLEDGEMENTS
40
ARTICLE i Z GENERAL PROVISIONS
1.1 APPLICABLE CITY ORDINANCES - COMPREHENSIVE ZONING ORDINANCE
The following table is an index to those city ordinances which
address either general or specific landscaping, screening and buffering
requirements. The most current approved amendments to these ordinances
are available for reference in the Department of Planning or the Office
of the City Clerk.
A. COMPREtlENSIVE ZONING OROINABCE
Section(s) Subject
201(e)
214(c)
224(a)
22s(c)
227(b)(3),{b)(7)
228(a)
232(a)(1),(b)(8)
236(b)(1)
237(b)
239(d)
242
270, 271
272
273
274
603
703
803
903
1003
1~01(a)(5)
1507(a)(2),(b)(2)
1511(a)(18),(c)(2),
(c)(I1)
1516(a)(2),(b)(2)
1521(a)(18),(c)(2),
1526(a)(2),(b)(2)
1531(a)(7)
1536(a),(b)
Fences and Walls Requirements
Vision Clearance at Intersections
Free-Standing Sign Landscaping
Automobile Repair Garages
Automobile Service Stations
Borrow Pits
Bulk Storage and Contractor Storage Yards
Communication Towers
Private Marinas
Mini-Warehouses
Motor Vehicle Sales and Rental
· storage or Processing of Salvage, scrap
or Junk
Purpose, Intent and Applicability of
Landscape Screening and Buffering
Landscape Screening Categories
Landscaping Screening and Buffering
Alternatives
Maintenance Responsibilities
Apartment District Landscaping
Hotel District Landscaping
Office District Landscaping
Commercial District Landscaping
Industrial District Landscaping
Resort Tourist District Landscaping
Resort Tourist District Landscaping
Resort Tourist District Landscaping
Resort Tourist District Landscaping
Resort Tourist District Landscaping
Resort Tourist District Landscaping
Resort Tourist District Landscaping
Resort Tourist District Landscaping
SITE PLAN ORDINANCE
Section(s)
4B.10
5(5.5)
5A. 1-5A. 6
Subject
Landscape and Buffer Plans
Transitional Buffers
Parking Lot Landscaping
SUBDIVISION REGULATIONS
Section(s)
4.4(e}
4.6
Subject
Double Frontage and Reversed Frontage
Residential Lot Screening
Preservation of Noteworthy Features
1.2 LANDSCAPE PLAN suBMISSION AND APPROVAL
Whenever any property is affected by these landscaping, screening
and buffering specifications and standards, the property owner or
developer shall prepare a landscape plan for submission in conjunction
with a site development plan as specified in Section 4B.10 of the Site
Plan Ordinance.
All landscape plans shall include, clearly show, and label by name
and dimension all existing and proposed property lines, easements,
buildings, and other structures, vehicular use areas (including parking
stalls, driveways, service areas, square footage etc.)'and landscape
materials (including height, width or caliper, whichever is more
appropriate, at planting time, and on-center planting dimensions for
all plants}. All plant material is to be listed ina"Planting Schedule".
Plans shall also include a title box with pertinent names and addresses
(property owner, engineer, designer, scale, date, north arrow).
Where landscaping is required, no site plan shall be approved until
the required landscaping plan has been submitted and approved by the
Administrator, Landscape Services Division.
1.3 EXISTING SCREENING
A. When a lot is to be developed such that screening is required and
where that lot abuts an existing hedge, wall or other durable landscape
barrier on an abutting property, the existing structure or hedge may be
used to satisfy the screening requirements of these specifications and
standards, provided that the existing structure meets the minimum
standards set forth herein and protection against vehicular encroachment
is provided. However, the burden to provide the necessary screening
remains with the use to be screened and is a continuing obligation
which runs with the land so long as the original relationship exists.
B. Existing vegetation which is suitable for use in compliance with the
requirements of these categories, when supplemented so as to provide
planting and screening in accordance with the purpose and intent of
these categories, may and should be used as required planting.
C. Plant materials indigenous to the region are desirable and encouraged,
particularly because of their adaptation to local climate, disease
resistance, soils, hydrology and adverse weather conditions.
3
ARTICLE 2 - DESCRIPTION AND SPECIFIC REQUIREMENTS OF LANDSCAPE
SCREENXNG CATEGORIES
2.1 CATEGORY !
A. Category I shall consist of plant material with minimum
height at planting of 3 - 4 feet and reaching an ultimate
height of 8 - 10 feet at maturity. The intent of this category
is to provide for low but thick landscaping to visually
separate uses. The effect of this category at maturity will
be to form an evergreen hedge.
B. The width of the buffer shall be 10 feet, unless otherwise
specified.
C. The width of the planting bed shall be 6 feet, unless
otherwise specified.
D. Recommended plant material reaching 8-10' at maturity:
BOTANICAL NAME
HGT. @ SPAC- FT./
COMMON NAME PLANTING ING RATE YR.*
Photinia frazeri
Myrica cerifera
' Ilex vomitoria
Red Photinia 3'-4'
Southern Wax Myrtle 3'-4'
Yaupon Holly 3'-4'
Ligustrum japonicum Ligustrum 4'-5'
Euonymus patens Euonymus 3'-4'
Elaeagnus pungens Thorny Elaeagnus 3'-4'
Cleyera japonica Cleyera 3'-4'
Pittosporum tobira Pittosporum 3'-4'
Juniperus torulosa
Viburnun rhytidophyllum
Osmanthus ilicifolius
Camellia japonica
Hollywood Juniper 3'-4'
Leather Leaf Viburnum 3'-4'
Gulftide Osmanthus 3'-4'
Con,non Camellia 3'-4'
* under normal conditions with proper maintenance
4' Fast 2'
4' Fast 1'
4' Med.- 1'
Fast
4' Fast 1'
4' Fast 1'
5' Fast 2'
4' Med. 1'
4' Med.- 1'
Fast
3' Fast 1.5'
4' Med. 1'
4' Slow .5'
4' Slow- .5'
Med.
E. Generally, planting should be linear with uniform spacing.
Planting should not encroach onto adjacent properties.
F. Existing vegetation which is suitable for use in compliance
with the requirements of this category, when supplemented so
as to provide planting and screening in accordance with the
purpose and intent of this category, may and should be used
as required planting.
G. The developer may substitute plant materials other than
those on the recommended list upon the approval of the
Administrator, Landscape Services Division.
H. The buffer shall be used only for the purpose of providing
for required screening or open grassed areas, except that
driveways or walkways providing site access may be installed
across buffer areas.
I. Plant materials indigenous to the region are desirable
and encouraged, particularly because of their adaptation to
local climate, disease resistance, soils, hydrology and
adverse weather conditions.
2.2 CATEGORY II
A. Category II shall consist of evergreen plant material,
branching to the ground, with a minimum height at installation
of 5 - 6 feet and reaching an ultimate height of 20 feet at
maturity. The intent of this category is to provide for
medium height and density landscaping to visually and physically
separate dissimilar uses.
B. The width of the planting bed shall be from 10 feet to
15 feet, unless otherwise specified.
C. Recommended plant material reaching 20' at maturity:
BOTANICAL NAME
HGT. @ SPAC- GROWTH FT./
COMMON NAME PI~ANTING ING RATE YR.*
Ilex opaca
Pinus thunbergi
Pinus nigra
Pinus strobus
Thuja occidentalis
pyramidalis
American Holly 5'-6' 6' Med.
Japanese Black Pine 5'-6' 10' Fast 2'
Austrian Pine 5'-6' 10' Fast 2'
White Pine 5'-6' 10' Fast 2'
Pyramidal Arborvitae 4'-5' 6' Med. 2'
* under normal conditions with proper maintenance
D. Generally, planting should be either in a regular line or
an irregular line, with spacing to approximate that given in
the table, allowing variation for visual enhancement. Planting
should not encroach onto adjacent properties.
E. Existing vegetation which is suitable for use in compliance
with the requirements of this category, when supplemented so
as to provide planting and screening in accordance with the
purpose and intent of this category, may and should be used
as required planting.
F. The developer may substitute plant materials other than
those on the recommended list upon the approval of the
Administrator, Landscape Services Division.
G. Buffering shall consist of reserved open areas of specified
widths established along property lines between separate
uses. Buffer areas may be used only for the purpose of
providing for required screening or open grassed areas,
except that driveways or walkways providing site access may
be installed across buffer areas.
H. Plant materials indigenous to the region are desirable
and encouraged, particularly because of their adaptation to
local climate, disease resistance, soils, hydrology and
adverse weather conditions.
~e~oP..-~ -FF. ~T M~T~0~ iT'f*
lO
2.3 CATEGORY
A. Category II-I shall consist of plant material, branching
to the ground, with a minimum height at installation of 5-6
feet and reaching an ultimate height of 30 feet at maturity.
The intent of this category is to provide for tall landscaping
to physically separate uses.
B. The width of the planting bed shall be from 10 feet to
15 feet, unless otherwise specified.
C. Recommended plant material reaching 30' at maturity:
HGT @ SPAC- GROWTH FT./
BOTANICAL NAME COMMON NAME PLANTING ING RATE YR.*
Cedrus deodara Deodar Cedar 5'-6' 15' Fast 1.5'
Cupressocyparis
leylandi Leyland Cypress §'-6' 10' Fast 1.5'
Quercus robar
fastigiata Upright English Oak 5'-6' 8' Slow 1'
Cunninghamia
lanceolata China Fir 5'-6' 10' Med. 2'
* under normal conditions with proper maintenance
D. Generally, planting should be either in a regular line or
an irregular line, with spacing to approximate that given in
the table~ allowing variation for visual enhancement. Planting
should not encroach onto adjacent properties.
E. Existing vegetation which is suitable for use in compliance
with the requirements of this category, when supplemented so
as to provide planting and screening in accordance with the
purpose and intent of this category, may and should be used
as required planting.
F. The developer may substitute plant materials other than
those on the recommended list upon the approval of the
Administrator, Landscape Services Division.
G. Buffering shall consist of reserved open areas of specified
widths established along property lines between separate
uses. Buffer areas may be used only for the purpose of
providing for required screening or open grassed areas,
except that driveways or walkways providing site access may
be installed across buffer areas.
H. Plant materials indigenous to the region
and encouraged, particularly because of their
local climate, disease resistance, soils,
adverse weather conditions.
are desirable
adaptation to
hydrology and
11
A'-F PL. AI',,ITi
f
2.4 CATEGORY IV
A. Category IV shall consist of a combination of Categories
I and III. The intent of this category is to provide landscaping
with sufficient density, mass and height to physically and
visually separate uses.
Generally, planting is encouraged to be innovative in
terms of spacing and linear arrangement to allow the widest
possible variation for visual enhancement while separating
uses. Planting should not encroach onto adjacent properties.
B. The width of the planting bed shall be from 10 feet to 15
feet, unless otherwise specified.
C. Recommended plant material reaching 8-10' at maturity:
BOTANICAL NAME
HGT. @ SPAC- FT./
COMMON NAME PLANTING ING RATE YR.*
Photinia frazeri
Myrica cerifera
Ilex vomitoria
Ligustrum japonicum
Euonymus patens
Elaeagnus pungens
Cleyera japonica
Pittosporum tobira
Juniperus torulosa
Viburnun rhytidophyllum
Osmanthus ilicifolius
Camellia japonica
Red Photinia 3'-4' 4'
Southern Wax Myrtle 3'-4' 4'
Yaupon Holly 3'-4' 4'
Ligustrum 4'-5' 4'
Euonymus 3'-4' 4'
Thorny Elaeagnus 3'-4' 5'
Cleyera 3'-4' 4'
Pittosporum 3'-4' 4'
Hollywood Juniper 3'-4' 3'
Leather Leaf Viburnum 3'-4' 4'
Gulfttde Osmanthus 3'-4' 4'
Con, non Camellia 3'-4' 4'
Fast 2'
Fast 1'
Med.- 1'
Fast
Fast 1'
Fast 1'
Fast 2'
Med. 1'
Med.- 1'
Fast
Fast 1.5'
Med. 1'
Slow .5'
Slow- .5'
Med.
D. Recommended plant material reaching 30' at maturity:
BOTANICAL NAME
HGT. @ SPAC- FT./
COMMON NAME PLANTING ING RATE YR.*
Cedrus deodara
Cupressocyparis
leylandi
Quercus robar
fastigiata
Cunninghamia lanceolata
Deodar Cedar 5'-6'
Leyland Cypress 5'-6'
Upright English Oak 5'-6'
China Fir 5'-6'
15' Fast 1.5'
10' Fast 1.5'
8' Slow 1'
10' Med. 2'
* under normal conditions with proper maintenance
14
E. Existing vegetation which is suitable'for use in compliance
with the requirements of this category, when supplemented so
as to provide planting and screening in accordance with the
purpose and intent of this category, may and should be used
as required planting.
F. The developer may substitute plant materials other than
those on the recommended llst upon the approval of the
Administrator, Landscape Services Division.
G. Buffering shall consist of reserved open areas'of specified
widths established along property lines between separate
uses. Buffer areas may be used only for the purpose of
providing for required screening or open grassed areas,
except that driveways or walkways providing site access may
be installed across buffer areas.
H. Plant materials indigenous to the region are desirable
and encouraged, particularly because of their adaptation to
local climate, disease resistance, soils, hydrology and
adverse weather conditions.
15
x ~
CATEGORY V
A. Category V shall consist of the employment of fences,
decorative walls or other physical or structural enclosures
to separate dissimilar uses. The enclosure elements for this
category shall be installed with the finish face of the
enclosure element and buffer area located facing the lesser
intensity use.
B. Maximum height at any point for structural enclosures
located along property lines shall be 8 feet, except where
lesser heights are specified in the Comprehensive Zoning
Ordinance, or as conditions attached to City Council action.
C. Maximum height in any required front yard for structural
enclosures shall be 6 feet.
D. Fences, decorative walls or other physical or structural
enclosures which are suitable for use in compliance with the
requirements of this category shall be designed and constructed
in accordance with the standards referenced in 3.3, SCREENING.
E. Buffering shall consist of reserved open areas of specified
widths established along property lines between separate
uses. Buffer areas may be used only for the purpose of
providing for required screening or open grassed areas,
except that driveways or walkways providing site access may
be installed across buffer areas.
18
H~
CATEGORY VI
A. Category VI shall consist of the employment of fences,
decorative walls or other physical or structural enclosures
in conjunction with Category I plant material to separate
dissimilar uses. The enclosure elements for this category
shall be installed with the finish face of the enclosure
element and buffer area with plant materials located facing
the lesser intensity use. In those instances where the
property abuts a public right-of-way, the enclosure elements
for this category shall be installed with the finish face of
the enclosure element and buffer area with plant materials
located facing the public right-of-way.
B. Maximum height at any point for structural enclosures located
along property lines shall be 8 feet, except where lesser
heights are specified in the Comprehensive Zoning Ordinance,
or as conditions attached to City Council action.
C. Maximum height in any required front yard for structural
enclosures shall be 6 feet.
D. The width of the planting bed shall be 6 feet, unless
otherwise specified.
E. Recommended plant material reaching 8-10' at maturity:
BOTANICAL NAME
HGT. @ SPAC- FT./
COMMON NAME PLANTING ING RATE YR.*
Photinia frazeri
Myrica cerifera
Ilex vomitoria
Ligustrum japonicum
Euonymus patens
Elaeagnus pungens
Cleyera japonica
Pittosporum tobira
Juniperus torulosa
Viburnun rhytidophyllum
Osmanthus ilicifolius
Camellia japonica
Red Photinia 3'-4'
Southern Wax Myrtle 3'-4'
Yaupon Holly 3'-4'
Ligustrum 4'-5'
Euonymus 3'-4'
Thorny Elaeagnus 3'-4'
Cleyera 3'-4'
Pittosporum 3'-4'
Hollywood Juniper 3'-4'
Leather Leaf Viburnum 3'-4'
Gulftide Osmanthus 3'-4'
Common Camellia 3'-4'
4' Fast '2'
4' Fast 1'
4' Med.- 1'
Fast
4' Fast 1'
4' Fast 1'
5' Fast 2'
4' Med. 1'
4' Med.- 1'
Fast
3' Fast 1.5'
4' Med. 1'
4' Slow .5'
4' Slow- .5'
Med.
* under normal conditions with proper maintenance
2O
F. Generally, planting should be linear with uniform spacing.
Planting should not encroach onto adjacent properties.
G. Existing vegetation which is suitable for use in compliance
with the requirements of this category, when supplemented so
as to provide planting and screening in accordance with the
purpose and intent of this category, may and should be used
as required planting.
H. The developer may substitute plant materials other tha~
those on the reconmended list upon the approval of the
Administrator, Landscape Services Division.
I. Fences, decorative walls or other physical or structural
enclosures which are suitable for use in compliance with the
requirements of this category shall be designed and constructed
in accordance with the standards referenced in 3.3, SCREENING.
J. Buffering shall consist or r-eserved open areas of specified
widths established along property lines between separate
uses. Buffer areas may be used only for the purpose of
providing for required screening or open grassed areas,
except that driveways or walkways providing site access may
be installed across buffer areas.
K. Plant materials indigenous to the region are desirable
and encouraged, particularly because of their adaptation to
local climate, disease resistance, soils, hydrology and
adverse weather conditions.
21
2.7 CATEGORY VII
A. Category VII shall consist of the employment of earthen
berms either in conjunction with or without Category I, II,
III or IV plant material to serve as a physical screen or
buffer between uses.
B. Berms shall be designed and constructed so as to be an
undulating, non-continuous landform varying in height from 4
feet maximum to 2 feet minimum, except where lesser heights
are specified as conditions attached to City Council actions,
with the length of components to be scaled in proportion to
the dimensions of the affected lot line(s).
C. Berms shall typically be designed and constructed in such
a manner that the maximum allowable slope shall not exceed 3
feet of rise to I foot of run. However, the Administrator,
Landscape Services Division may increase the maximum allowable
slope to 2 feet of rise to 1 foot of run in those situations
where alternative forms of landscaping and maintenance render
such an increase in slope appropriate.
D. No fence, decorative wall or other physical or structural
enclosure shall be constructed on a berm.
E. Berms shall be designed and constructed with a top width
sufficient to allow for installation and maintenance of
landscaping, grass and/or ground cover which will preclude
erosion of the berm{s).
F. Existing vegetation which is suitable for use in compliance
with the requirements of this category, when supplemented so
as to provide planting and screening in accordance with the
purpose and intent of this category, may and should be used
as required planting.
G. The developer may substitute plant materials other than
those on the recommended lists upon the approval of the
Administrator, Landscape Services Division.
H. Buffering shall consist of reserved open areas of specified
widths established along property lines between separate
uses. Buffer areas may be used only for the purpose of
providing for required screening or open grassed areas,
except that driveways or walkways providing site access may
be installed across buffer areas.
I. Plant materials indigenous to the region are desirable
and encouraged, particularly because of their adaptation to
local climate, disease resistance, soils, hydrology and
adverse weather conditions.
24
~.8 CATEGORY VIII
A. Category VIII shall consist of a broad variety of plant
material specifically adapted to thrive within close proximity
to salt spray, sand, temperature and wind conditions found in
areas of Virginia Beach located on the Chesapeake Bay or
Atlantic Ocean shoreline. The intent of this category is to
provide for low but thick landscaping to visually separate
uses, with special sensitivity given to the harsher environment
found in coastal areas of the city. The effect of this
category at maturity will be to form a low evergreen hedge.
B. Recommended plant material shall satisfy the criteria of
the underlying landscape screening category. Plant materials
specifically suited to the area are listed and described in
Seacoast Plants of the Carolinas, in Building and Stabilizing
Coastal Dunes with Vegetation and in Plants for Coastal Dunes
of the Gulf and South Atlantic Coasts and Puerto Rico. These
booklets are available for reference in the Department of
Planning.
C. Plant materials utilized to satisfy Category VIII
requirements shall require the approval of the Administrator,
Landscape Services Division.
D. Existing vegetation which is suitable Cor use in compliance
with the requirements of this category, when supplemented so
as to provide planting and screening in accordance with the
purpose and intent of this category, may and should be used
as required planting.
E. Buffering shall consist of reserved open areas of specified
widths established along property lines between separate
uses. Buffer areas may be used only for the purpose of
providing for required screening or open grassed areas,
except that driveways or walkways providing site access may
be installed across buffer areas.
F. Recommended shrubs for seaside areas:
BO1ANICAL NAME
HEIGHT RESISTANCE
AT TO SALT &
COMMON NAME MATURITY WIND BURN* SPACING
Cleyera japonica Cleyera 6' - 8' 3
I leagnus pungens Thorny Eleagnus 6' - 10' 1
Euonymus japonicus Evergreen Euonymus 7' - 13' 1
Fatshedera x ltzei Tree Ivy 5' - 7' 4
Fatsia japonica Japanese Fatsia 5' - 15' 4
Ilex vomitoria Yaupon Holly 10' - 24' 3
Juniperus chinensis
var. pfitzeriana Pfitzer Juniper 3' - 4' 4
4~
5'
4'
3'
4'
4'
*numbers indicate range: i : excellent to 4 = mediocre
27
Juniperus conferta
Ligustrum japonicum
Myrica cerifera
Nerium oleander
Osmanthus americanus
Pittosporum tobira
Podacarpus macrophyllu$
var. maki
Raphiolepis umbellata
Ro~a banksiae
Rosa rugosa
Rosa wichuraiana
Ruscus aculeatus
Yucca aloifolia
Yucca filamentosa
Yucca gloriosa
Shore Juniper 1' 3 3'
Ligustrum 4' - 16' 3 4'
Southern Wax Myrtle 6' - 30'+ 3 4'
Oleander 6' - 15' 2 4'
Devilwood Osmanthus 8' - 20~+ 2 4'
Pittosporum 6' - 10'+ I 4'
Shrubby Yew Podocarpus 6' - 20'+ 3
Yeddo Raphiolepis 4' - 8' 1
Banks Rose I' - 4' 3
Rugosa Rose 4' - 6' 2
Memorial Rose 1' - 2' 3
Butchersbroom 2' - 4'
Spanish Dagger 6' - 12' 1
Adamsneedle, Beargrass 2' 1
Moundlily Yucca 6' - 15' I
4'
4'
4'
4'
3'
2'
2'
2'
*numbers indicate range: 1 = excellent to 4 = mediocre
G. Plant materials indigenous to the region are desirable and
encouraged, particularly because of their adaptation to local
climate, disease resistance, soils, hydrology and adverse
weather conditions.
28
ARTICLI~ 3 - GENERAL CONSTRUCTION SPECIFICATIONS AND STANDARDS
3.1 LANDSCAPING CRITERIA
Landscaping criteria shall conform to that provided in the most
recent edition of the Virginia Erosion and Sedimentation Control Handbook,
prepared by the Virginia Division of Soil and Water Conservation, and
available for reference in the Department of Planning. The following
sections of the handbook are hereby incorporated by reference to this
manual:
Section/Subject
Page
SITE PREPARATION (FOR VEGETATIVE ESTABLISHMENT)
1.60 Surface Roughening ............................... III-201
1.61 lopsoiling ....................................... III-207
GRASS ESTABLISHMENT
1.65 Temporary Seeding ................................ III-211
1.66 Permanent Seeding ................................ III-215
1.67 Sodding .......................................... III-231
1.68 Bermudagrass Sprigging ........................... III-241
MULCHES
1.75 Mulching ......................................... III-247
OlIIER VEGETATION
1.80 Trees, Shrubs, Vines and Ground Covers ........... III-257
MISCELLANEOUS VEGETATIVE PRACTICES
1.85 Tree Preservation and Protection ................. III-27g
3.2 PLANT MATERIALS, INSTALLATION AND MAINTENANCE
A. PLANT MATERIALS
All plant materials shall be living plants (artificial plants are
prohibited), and shall meet the following requirements:
1. quality
Plant materials used in conformance with the provision
of these standards shall conform to the standards of the most
recent edition of the "American Standard for Nursery Stock",
published by the American Association of NurSerymen, and
available for reference in the Department of Planning.
29
Trees
Deciduous trees shall be of a species having an average
minimum mature crown spread of greater than 15 feet. A
minimum caliper measurement of at least 2 1/2 inches at time
of planting shall be required.
Evergreen trees shall have a minimum caliper measurement
of I 3/4 inches at time of planting.
Caliper shall be the diameter measurement of the trunk
of trees, taken 6 inches above ground level up to and including
4 inch caliper size, and 12 inches above ground level for
caliper size in excess of 4 inches.
The following list contains trees recommended for use in
satisfying planting requirements for scenic easements, scenic
buffers and parking lot landscaping as referenced on pages
35 and 36 of this manual:
BOTANICAL NAME
Chioanthus virginicus
Crataegus phaenopyrum
Koelreuteria paniculata
Lagerstroemia indica
Malus floribunda
Prunus serrulata 'Kwanzan'
Quercus robur 'Fastigiata'
SMALL TREES (30-40 feet height at maturity)
COMMON NAME
White Fringe Tree
Washington Hawthorn
Golden Rain Tree
Crape Myrtle
Japanese Flowering Crab
Kwanzan Cherry
Pyramidal English Oak
BOTANICAL NAME
Acer rubrum columnare
Acer rubrum 'October Glory'
Ginkgo biloba
Gleditsia triacanthos inermis
Nyssa sylvatica
Pyrus calleryana varieties
MEDIUM TREES (60-80 feet height at maturity)
COMMON NAME
Columnare Red Maple
'October Glory' Red Maple
Ginkgo(Male Variety),Maidenhair
Thornless Honey Locust
Sour Gum
Callery Pear Varieties
30
LARGE TREES (90-120 feet hei§ht at maturity)
BOTANICAL NAME
COMMON NAME
Acer saccharum columnare
Acer saccharum 'Green Mountain'
Celtus occidentalis
Fraxinus lanceolata
Fraxinus lanceolata
'Marshall's Seedless'
Liriodendron tulipifera
Magnolia grandiflora
Metasequoia glyptostroboides
Pinus elliottii
Pinus taeda
Platanus acerifolia 'Bloodgood~
Platanus occidentalis
Quercus accutissima
Quercus darlingtonia
Quercus macrocarpa
Quercus montana
Quercus nigra
Quercus phellos
Quercus velutina
Zelkova serrata
Zelkova serrata 'Village Green'
Columnare Sugar Maple
'Green Mountain' SugarMaple
Hackberry
Green Ash
Green Ash 'Marshall's Seedless'
Tulip Poplar
Southern Magnolia
Dawn Redwood
Slash Pine
Loblolly Pine
'Bloodgood' London Plane Tree
American Sycamore
Saw Tooth Oak
Darlington Oak
Bur Oak (favors moist soil}
Chestnut Oak
Water Oak
Willow Oak
Black Oak
Japanese Zelkova
'Village Green' Zelkova
3. Shrubs
Shrubs shall be at least 12 inches in height and width
at time of planting.
4. Hedge Forms
Plant materials for hedge forms shall be at least 2 feet
in height at time of planting.
5. Vines
Vines shall be at least 6
planting and are generally used
fences.
inches in length at time of
in conjunction with walls or
6. Grass or Ground Cover
Grass of a perennial nature shall be planted in species
normally grown as permanent lawns in Virginia Beach and may
be sodded, plugged, sprigged, or seeded in accordance with
the standards referenced in 3.1, LANDSCAPING CRITERIA. Grass
sod shall be clean and free of weeds and noxious pest or
diseases. Ground covers shall be planted in such a manner as
to present a finished appearance and 75 percent of complete
coverage after two complete growing seasons, with a maximum
31
of 15 inches on center. In certain cases, ground cover may
also consist of rocks, pebbles, sand and similar materials,
if approved by the Administrator, Landscape Services Division.
B. INSTALLATION
All landscaping shall be installed in a sound, workmanship-like
manner and according to accepted, good planting practices and procedures
with the quality of plant materials as hereinafter described. Landscaped
areas shall require protection from vehicular encroachment by such
means as, but not limited to, wheel stops or concrete or bituminous
curbs. Plant material requiring support for proper growth shall be
installed as directed by the following specifications.
1. Setting Plants
Unless otherwise specified, all plants should be planted
in pits, centered and set on 6 inches of compacted topsoil to
such a depth that the finished grade level at the plant after
settlement will be the same as that at which the plant was
grown. They should be planted upright and faced to give the
best appearance or relationship to adjacent plants. Wire and
surplus binding from top and sides of the balls should be
removed. Roots of bare root plants only shall be spread in
their normal position. All broken or frayed roots should be
cut off cleanly. Topsoil should be placed and compacted
carefully to avoid injury to roots and to fill all voids. When
the hole is nearly filled, add water as necessary and allow
it to soak away. Fill the hole to finished grade and. form a
shallow saucer around each plant by placing a ridge of topsoil
around the edge of each pit. After the ground settles,
additional topsoil should be filled into the level of the
finished grade.
2. Staking, Guying and Wrappinq
Materials
Stakes - Stakes for supporting trees should be 2 1/2 inches
square or round, by 8 feet sound wood, creosoted one-half
their length or painted rib-back posts.
Wire - Wire for guys or fastening trees to stakes should be
No. 12 gauge, pliable, galvanized iron.
Hose - Hose to encase guys or wires, used for fastening trees
to stakes should be two-ply reinforced rubber garden hose.
Wrapping - Wrapping for tree trunks should be woven aluminum
screen wire, 18 x 14 mesh, lacquer-coated, or kraft-paper burlap.
32
Staking
Stakes should be equally spaced about each tree, and the
end (treated with wood preservative) shall be driven vertically
into the ground to a depth of 2 1/2 to 3 feet in such a
manner as not to injure the ball or roots. Trees should be
fastened to each stake at a height of about § feet by means
of two strands of wire.
Wrapping
Trunks of all shade trees should be wrapped from the
ground to the height of the first strong complement of branches.
Wrapping material should be wound twice around the trunk and
fastened with twine at the base and top.
3. Ground Cover Beds
Ground cover should be planted in beds having a minimum
of depth of 6 inches of topsoil above the subsoil. The
topsoil used should be thoroughly mixed with one-third peat
and lightly compacted. Plants should be evenly spaced and
set to finished grade level after settlement.
4. Mulching
All plants should be mulched within 2days after planting.
The approved mulching materials can either be organic or
inorganic.
C. MAI NTENAJ~CE
The owner of the property shall be responsible for the continued
proper maintenance of all landscaping materials, and shall keep them in
a proper, neat, and orderly appearance, free from refuse and debris at
all times. All unhealthy, 50 percent or more dead or completely dead,
plant materials shall be replaced within one year or by the next planting
period, whichever comes first. All landscaped areas should be provided
with a readily available water supply. Maintenance should include weeding,
cultivation, mulching, tightening and repairing of guys and stakes,
resetting plants to proper grades or upright position, restoration of
the planting saucer, fertilizing, pruning, and other necessary operations.
Maintenance should begin immediately following the last operation of
installation for each portion of lawn and for each plant. Disturbed soil
between trees and shrubs must be mulched or planted with permanent
vegetation to prevent erosion. The standards referenced in 3.1,
LANDSCAPING CRITERIA, may be utilized to select an acceptable method
for stabilizing these areas.
33
posts
back
rails
slats
3.3 REQUIRED SCREENING
Required screening shall consist of plant materials or earthen
berms as detailed in Article 2, LANDSCAPE SCREENING CATEGORIES, or
shall consist of fences, decorative walls or other physical or structural
enclosures, and shall meet the following requirements:
A. FENCES
Fencing shall consist of #1 Western Red Cedar or #I-SYP-O.40-CCA
treated timber, or alternative materials approved for general use by
the Administrator, Landscape Services Division. Corrugated metal fences
and chain link fences will not satisfy any of the screening requirements
as detailed in Article 2, LANDSCAPE SCREENING CATEGORIES. Fence members
shall at least meet the following minimum standards, or equivalent
standards approved by the Administrator, Landscape Services Division:
4 foot high fence
3 1/2"x 3 1/2"x6';
8' on center
set in tamped
small stone
6 foot hi§h fence
3 I/2"x 3 1/2" x8';
8' on center
set in tamped
small stone
8 foot high fence
5 1/2" x 5 1/2" x 10';
8' on center
set in tamped
small stone
1 1/2"x 3 1/2"x8';
2 back rails
(top and bottom)
I 1/2"x 3 1/2"x8';
3 back rails
(equally spaced)
1 1/2" x 3 1/2" x 8';
4 back rails
{equally spaced)
1/2" x I 1/2" min. 1/2" x i 1/2" min. 1/2" x 3 1/2" min.
Nails, screws and other hardware shall be aluminum or hot dipped
galvanized.
Fence design shall be encouraged to be innovative to allow variation
for visual enhancement.
The owner of the property shall be responsible for the continued
proper maintenance of all fences, and shall keep them in a proper,
neat, and orderly appearance, free from structural deterioration and
disrepair at all times. Maintenance should include repair or replacement
of fence members as necessary due to vandalism or decay, resetting of
posts to upright positions, replacement of back rails due to sag, and
other necessary operations.
Examples of fences include, but are not limited to, the following:
34
b
35
· B. WALLS
Walls shall consist of natural stone or brick masonry. Solid
brick is defined as a small building unit, solid or cored not in excess
of 25 percent, commonly in the form of a rectangular prism, formed from
clay or shale and hardened by heat in a furnace or kiln. Hollow brick
is defined in the same manner, except that it is cored in excess of 25
percent but not more than 40 percent. Brick masonry used in walls
shall meet or exceed the grade SW requirements as described in the
American Societ~ for Testing and Materials {ASTM) Standard Specification
for Brick Masonry Materials C216, C62 or C652. The use of salvaged
brick in walls shall be prohibited.
Mortar used in conjunction with natural stone or brick masonry walls
shall meet the minimum requirements for masonry structures in the BOCA
code. All walls shall be designed and constructed with a poured in
place concrete footing which extends below the frost line in order to
ensure adequate load bearing support. Walls which exceed 6 feet in
height shall be constructed in accordance with reinforced masonry
standards as described in the ASTM Standard Specifications for Brick
Masonry Materials.
Concrete block walls will not satisfy any of the screening
requirements as detailed in Article 2, LANDSCAPE SCREENING CATEGORIES;
however, concrete block walls faced on both sides with natural stone or
brick masonry may be used.
Bond patterns of natural stone or brick masonry shall be encouraged
to be innovative to allow variation for visual enhancement.
The owner of the property shall be responsible for the continued
maintenance of all walls, and shall keep them in a proper, neat and
orderly appearance, free from structural deterioration and disrepair at
all times. Maintenance should include repair or replacement of loose
bricks, stone or mortar due to vandalism or deterioration as necessary,
and other required operations.
Examples of walls include, but are not limited to, the following:
3.4 RESERVED
36
3.5 SCENIC EASEMENTS, SCENIC BUFFERS, VISIBILITY TRIANGLE REQUIREMENTS
AND PARKING LOT LANDSCAPING
A. SCENIC EASEMENTS
Where scenic easements have been acquired along major arterials, one
of the following shall be provided:
1. A 50 foot scenic easement with no improvements installed, or
2. A 20 foot scenic easement with landscaping improvements according
to Standard A or its equivalent as determined by the Administrator,
Landscape Services Division, or
A 10 foot scenic easement with
to Standard B or its equivalent
Landscape Services Division.
landscaping improvements according
as determined by the Administrator,
Standard A:
Large Trees planted at 60 foot intervals, or Medium Trees planted
at 45 foot intervals, or Small Trees planted at 30 foot intervals.
Standard B:
Large Trees planted at 45 foot intervals, or Medium Trees planted
at 30 foot intervals, or Small Trees planted at 15 foot intervals.
B. SCENIC BUFFERS
Where the Master Street and Highway Plan calls for scenic buffers
to be acquired along major arterials, the Administrator, Landscape
Services Division, shall supervise landscaping improvements in accordance
with the appropriate landscape screening category as required by the
Comprehensive Zoning Ordinance, dependent upon the zoning classification
and/or the conditional use of the property.
C. VISIBILITY TRIANGLE REQUIREMENTS
As specified in the Comprehensive Zoning Ordinance, visibility
triangles, within which nothing shall be erected, placed, parked,
planted or allowed to grow in such a manner as to impede vision between
a height of 2 1/2 and 8 feet above the center lines 'of intersecting
trafficways shall be provided as follows:
1. Street Intersections
A visibility triangle shall be required at all street inter-
sections including at least the area within the first 20 feet
along the intersecting rights-of-way (projected if rounded) and a
line connecting the ends of such 20 foot line. where the sidewalks
have been provided within the right-of-way line, vision clearance
measurements shall be taken from the curb line, rather than the
right-of-way line.
37
2. Intersections of Driveways with Streets
N6 wall, fence or other structure shall exceed a height of
30 inches above the finished elevation of a driveway within a
visibility triangle created by measuring 10 feet in from the
intersection of a driveway boundary and property lines away from
the driveway with the end of the two 10 foot lines connected in a
straight line to form the visibility triangle. The 30 inch height
for any portion within the triangle shall be computed from the
elevation of the driveway which is perpendicular to that portion
of wall or structure within the triangle.
D. PARKIHG LOT LANDSCAPING
Parking lot landscaping as required in Section SA, Parking Lot
Landscaping, of the Site Plan Ordinance shall be provided in conformance
with the following criteria:
i. Interior Coverage
Trees required by 5A.4 Interior Coverage Requirements shall
be of the following type and size:
(al Deciduous Trees
Deciduous trees shall be of a species having an average
minimum mature crown spread of greater than 15 feet.
minimum caliper measurement of at least 2 1/2 inches at time
of planting shall be required.
(b) Evergreen Trees
Evergreen trees shall have a minimum caliper measurement of
at least i 3/4 inches at time of planting.
2. Street Fronta§e
(al
Trees required by 5A.5 Street Frontage Requirements may vary
in size at maturity but shall conform to the following
specifications at time of planting:
Mature Size Max. Space Min. Size At Planting
Small 15 Feet
Medium 25 Feet
Large 40 Feet
6 - 7 feet
1 1/4 - 1 1/2 in. caliper
2 - 2 1/2 in. caliper
(b)
Trees of species whose roots are known to cause damage to
public works, whose branches are known to be subject to a
high incidence of breakage, and whose fruit is considered a
nuisance or high maintenance shall not be utilized.
(c) Continuous hedge forms shall be planted between the trees.
The hedge forms shall have a minimum height of 2 feet at time
38
of planting. In lieu of providing hedge fo~ms, walls shall
be constructed of natural stone, brick or artificial materials
arranged in a linear, serpentine, or other alignment; while
fences shall be constructed of wood. Chain-link fences may
not be used to meet the requirements of this section. Minimum
height of walls or fences shall be 3 feet.
3.6 FREE-STANDING SIGN LANDSC. APING
A. A minimum of 75 square feet of landscaped area shall be provided
around any free-standing sign. Landscaping material shall include any
of the following, or a combination thereof: grass, ground cover, low
shrubs not exceeding a height of 3 feet at maturity or other landscaping
or design elements used in conjunction with the sign and, by themselves,
not exceeding the 3 foot height limit.
B. All plant materials shall be placed in a defined planting bed to be
a minimum of 6 feet in width. No plantings shall obstruct the view of
the sign face on either side nor shall any method used for landscaping
encroach onto adjacent properties.
C. All plant materials utilized to fulfill the free-standing sign
landscaping requirement shall be subject to the approval of the
Administrator, Landscape Services Division.
D. Free-standing sign landscaping shall be designed so -as to be
compatible with landscaping undertaken to satisfy any parking lot
landscaping requirement, and vice-versa, in order to help achieve the
goal of a unified project design.
E. Free-standing sign landscaping area shall be included as a credit
in the calculations for any area required for parking lot landscaping as
specified in Section 5A, Parking Lot Landscaping, of the Site Plan
Urdinance.
3.7 EROSION AND SEDIMENTATION CONTROL CRITERIA
The Erosion and Sedimentation Control Criteria for all lanUscaping,
screening and buffering shall conform to that provided in the most
recent edition of the Virginia Erosion and Sedimentation Control Handbook,
prepared by the Virginia Division of Soil and Water Conservation, and
available for reference in the Department of Planning.
3.8 STORMWAIER DRAINAGE DESIGN CRIIERIA
Stormwater drainage design criteria shall conform to that provided
in the Storn~ater Management Ordinance and that provided in the most
recent edition of the Department of Public Works Specifications and
Standards, prepared by the Virginia Beach Department of Public Works,
arid available for reference in the Department of Planning.
39
ACKNOWLEDGEMENTS
American National Standards Institute. American Standards for Nursery
Stock. Washington, D.C. Revised 1980.
Assistance by the Professional Planning and Technical Staff. Planning
Department, City of Virginia Beach, Virginia. 1987.
Assistance from the Administrator, Landscape Services Division. City
of Virginia Beach, Virginia. 1987.
Assistance from the City Arborist, Landscape Services Division. City
of Virginia Beach, Virginia. 1987.
Broome, S. W., et. als. Building and Stabilizing Coastal Dunes with
Ve§etation. University of North Carolina, Sea Grant Program. 1982.
Carpenter, Jot D. Handbook of Landscape Architectural Construction.
lhe Landscape Architectural Foundation, Inc. 1976.
Craig, Robert M. Plants for Coastal Dunes of the Gulf and South Atlantic
Coast and Puerto Rico. U. S. Department of Agriculture, Soil
(;onservation Service. 1984.
UeChiara, Joseph and Lee Koppleman. Urban Planning and DesiQn Criteria.
Van Nostrand Reinhold Company. 1982.
Graetz, Karl E. Seacoast Plants of the Carolinas for Conservation and
Deautification. U. S. Department of Agriculture, Soil Conservation
Service and University of North Carolina, Sea Grant Program. 1973.
Kendig, Lane. Performance ZoninQ. American Planning Association.
Washington, D.C. 1980.
Tile Zoning Ordinance of the County of Fairfax, Virginia.
Landscaping and Screening". Chapter 112 of the 1976 Code.
June 12, 1978.
"Article 13,
Adopted
Virginia Erosion and Sedimentation Control Handbook, Virginia Division
of Soil and Water Conservation. 2nd Edition. 1980.
Winn Nurseries, Preparation of Landscape Planting Plan shown on cover.
1986.
4O
- 25 -
Item IV-H.4
ORDINANCES/RESOLUTIONS
ITEM # 29225
Councilman Fentress believed a statement of intent should be encompassed
within the Resolution to ADOPT Transitional Rules advising certain issues
pending as per Robert J. Scott's Memorandum of April 14, 1988, and the issues
brought forward by participants of the PUBLIC HEARING, will be addressed by
City Council within 90 days.
Councilwoman Henley referenced the items that continue to be of concern are
essentially the ones reiterated by the Chamber of Commerce and repeated by the
other speakers: Office Parking requirement of 250 rather than 300 or 320, the
Shopping Center ratio, and the Compact Car issues as well as Section 904 (b)
Height regulations relative when a zoning lot within the B-2, B-3 or B-4
Commercial District adjoins the side or rear yard of a zoning lot in a
residential or apartment district within an intervening street, alley or body
of water over 25 feet in width. The other requirements for side yard setbacks
when they are adjacent to residential is just 15 feet. To allow additional
height without some other change is a point that needs further study.
Councilwoman McClanan referenced the Document entitled: "Landscaping, Screening
& Buffering Specifications". Councilwoman McClanan wished to discuss some
changes with B. H. "Pat" Bridges, Beautification Commission. Councilwoman
McClanan will advise further requests for revisions of said document within two
weeks.
Councilwoman McClanan also referenced the Stormwater Management Ordinance.
Councilwoman McClanan advised the Exemptions had been discussed in detail on
page 14; however, same are still contained within the document. As
Councilwoman McClanan is not interested in including all these exemptions, she
wished further discussion concerning same. The additional subject of Sec. 12.
Maintenance should also be addressed more directly. Councilman Baum requested
Exemption No. 2: Ail agricultural activities not associated with development
remain an Exemption. Councilwoman McClanan concurred.
Councilman Perry further referenced lots in LAKE SMITH platted 20-25 feet and
zoned R-3. Councilman Perry inquired whether this Ordinance brought these lots
within conformance. The majority of these citizens only own one lot. This
problem still needs to be addressed.
Councilman Heischober referenced the aesthetics and enhancement issues brought
forward by Betty Wells. It will be the policy of the City Council to encourage
0onditional Zoning which is the way these particular items can be addressed. An
applicant can choose between conventional zoning and Conditional Zoning.
Councilman Heischober believed there should be a thirteenth item under the
Transitional Rules stating the intent of City Council relative those particular
areas of concern.
Councilman Balko addressed the issue of affordable housing with relation to
minimum lot size.
Councilman Moss referenced the proposed Statewide Noise Abatement Policy.
Councilman Moss advised regardless of its zoning that whenever a Residential
District abuts a major arterial or collector street in accords with the MASTER
STREET and HIGHWAY PLAN, the minimum setback should be 50 feet. This did not
appear in the City Zoning Ordinance document. In view of the State's policy
that unless localities take strong action to require developers to include
noise abatements in their plans for residential and other noise sensitive
developments adjacent to highways, the responsibility for maintaining noise
abatement measures and their construction shall rest solely with the local
jurisdiction. Councilman Moss wished the item be a high priority to be
expeditiously included in the Zoning Ordinance document.
Aoril 18. lq88
- 26 -
Item IV-H.4
ORDINANCES/RESOLUTIONS
IT~ # 29226
Assistant City Attorney Gary Fentress recommended No. 9 in the TRANSITIONAL
RULES not be DELETED:
The following words should be inserted on the last
line after the words "April 18,":
.."may nevertheless be heard by City Council and if
found to be acceptable APPROVED with or without
conditions"
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
ADOPTED, AS AMENDED:
RESOLUTION: TRANSITIONAL RULES TO BE FOLLOWED IN
CONNECTION WITH THE REVISION OF THE CITY'S ZONING
ORDINANCE:
#9 and #10 shall be AMENDED to include the Wording:
"being bound not by the terms set forth in the City
Zoning Ordinance but by the terms applied by City
Council."
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
A RESOLUTION TO ADOPT TRANSITIONAL RULES
TO BE FOLLOWED IN CONNECTION WITH THE
REVISION OF THE CITY'S ZONING ORDINANCE
WHEREAS, on April 18, 1988 the Council of the City of Virginia Beach,
Virginia adopted a new zoning ordinance, and
WHEREAS, the new zoning ordinance contains regulations which in many
respects are different than those previously in force, and
WHEREAS, the City Council desires to establish a set of rules to govern
the transition from the old to the new zoning ordinance so as to promote
fairness and insure that vested development rights are not impaired.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That in implementation of the zoning ordinance which was adopted on
April 18, 1988 the following rules shall be applied:
1. That it become effective in~ediat61y upon its adoption.
That all approved preliminary subdivision plats, site plans or other
plans be honored between April 18 and their date of expiration,
but not beyond; and that upon application of renewal of them they
be brought into compliance with the April 18 ordinance.
That all site plans and subdivision plans submitted for approval
before April 18 be reviewed in accordance with the ordinance in
effect at the time of submittal; but that any such plans rejected
upon first submittal and review may upon resubmittal be reviewed
one more time under the terms of the ordinance in effect when
first submitted, but only within a period of 60 d~ys from first
rejection and only if the plan is fully in compliance with the
ordinance; otherwise, if the resubmitted plan still does not
Page 2
April 21, 1988
address all deficiencies, then any further resubmittals beginning
with the second resubmittal be in accordance with the April 18
ordinance.
o
That all site plans and subdivision, plans rejected before April 18
and resubmitted within 60 days of the date of rejection be reviewed
in accordance with the ordinance at the time of original submittal,
but only if the resubmitted plan is fully in compliance with that
ordinance; otherwise, if the resubmitted plan still does not
address all deficiencies, then any further resubmittals beginning
with the second resubmittal be in accordance with the April 18
ordinance.
That the terms of all conditional use permits or conditions placed
upon rezonings remain in effect until their date of expiration, if
any, and that any further renewals or reactivations from that date
forward be in compliance with the April 18 ordinance and its
subsequent revisions.
That any rezoning applications filed prior to April 18 but not acted
upon by the Planning Commission as of that date, and which have been
filed for a district to be converted by general rule of the Council
to another district, be acted upon by the Planning Commission as a
request for the new district, but only with the concurrence of the
applicant; otherwise, the applicant is free to withdraw his
application with all fees refunded.
That any rezoning applications acted upon by the Planning Commission
prior to April 18 but not yet acted upon by the Council at that date,
and which have been filed for a district to be converted by general
rule of the Council to another district, be acted upon by the Council
as a request for the new district, but only with the concurrence
of the applicant; otherwise, the applicant is free to withdraw his
Page 3
April 21, 1988
application with all fees refunded.
That Section 107(h) of the April ordinance pertaining to conditional
zoning, to the extent that it prohibits the attachment of conditions
to rezonings not in keeping with the provisions contained therein,
shall apply only to applications filed after April 18.
That any application for a conditional use permit properly filed prior
to April 18 but scheduled to be heard by the Council after April 18,
and which is for a conditional use no longer allowed after April
18, be bound not by the terms set forth in the CZ0, but by the
terms applied by City Council.
10.
That any conditional use permit application filed prior to April
18 but considered by the City Council after April 18, and which is
still a permitted conditional use but subject to different conditions,
restrictions or limitations by the April 18 code, be bound not by
the terms set forth in the CZ0, but by the terms applied by City
Council.
11.
That any property owner afforded special dispensation by these
guidelines to adhere to the zoning ordinance in effect on April 17
rather than the April 18 code be required to adhere to it in its
entirety, and not only to those provisions beneficial to his or
her cause; but that any property owner, even though permitted by
these rules to adhere to the terms of the CZO in effect on April
17, may opt to adhere instead to the terms of the April 18 code,
provided that all terms of that code are adhered to.
Page 4
April 21, 1988
12.
That any appeals to decisions made under these guidelines or to
interpretation of them be directed to the City Manager or his
designee.
Adopted by a majority of the Council of the City of Virginia Beach,
Virginia on the 18 day of April , 1988
- 27 -
Item IV-H.4.a.
ORDINANCES/RESOLUTIONS
ITEM # 29227
The City Attorney advised the Statement of Intent would require a separate
motion.
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
MOTION to instruct the Staff to compile complete
list of concerns expressed by the public at the
Public Hearing and by City Council for further
review of the City Zoning Ordinance. City Council
will determine those for Council's immediate
consideration and those that should be returned to
the Planning Commission for their recommendation
within sixty (60) days. This list must be compiled
as expeditiously as possible with the first list to
City Council for the April 25, 1988~ agenda.
The Mayor extended appreciation to the HMP (Henley, McElanan and Parker)
Committee for their outstanding endeavors
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
- 28 -
Item IV-H.5.
ORDINANCES/RESOLUTIONS
ITEM # 29228
Upon motion by Councilman Fentress~ seconded by Councilman Perry, City
Council ADOPTED:
Resolution approving the issunce of Industrial
Development Bond to:
THOMAS L. KEITH $1,000,000
Voting: l~-O
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
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 18 day of April , 1988.
On motion by Councilman Fentress
and seconded by Councliman Perry
ing Resolution was adopted.
the follow-
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR THOMAS L. KEITH
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the application of Thomas L.
Keith (the Applicant) for the issuance of the Authority's
industrial development revenue bonds in an amount not to
exceed $1,000,000 (the Bonds) to assist in the financing of
the Applicant's acquisition, rehabilitation and equipping of
a manufacturing facility for printed products (the Facility)
located at 5043 Cleveland Street in the City of Virginia
Beach, Virginia, to be operated by American Drafting and
Laminating Company, and has held a public hearing thereon on
April 12, 1988; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
the Internal Revenue Code of 1986, as amended, and Section
15.1-1378.1 of the Code of Virginia of 1950, as amended, and
has authorized the City Manager to submit an application to
the Virginia Department of Housing and Community Development
requesting an allocation of $1,000,000 pursuant to Title
15.1, Chapter 33.2 of the Code of Virginia of 1950, as
amended, with respect to the issuance of the Bonds;
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a state-
ment in the form prescribed by Section 15.1-1378.2 of the
Code of Virginia of 1950, as amended, have been filed with
the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the financing of the
Facility for the benefit of the Applicant, to the extent of
and as required by the Internal Revenue Code of 1986, as
amended (the Code).
3. The approval of the issuance of the Bonds, as
required by the Code and 15.1-1378.1 of the Code of Virginia
of 1950, as amended, does not constitute an endorsement of
the Bonds or the creditworthiness of the Applicant, but,
pursuant to Chapter 643 of the Acts of Assembly of 1964, as
amended, the Bonds shall provide that neither the City nor
the Authority shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from
the revenues and moneys pledged therefor, and neither the
faith or credit nor the taxing power of the Commonwealth, the
City, or the Authority shall be pledged thereto.
4. The City Manager is hereby authorized and directed
to submit an application to the Virginia Department of
Housing and Community Development requesting an allocation of
$1,000,000 pursuant to Title 15.1, Chapter 33.2 of the Code
of Virginia of 1950, as amended.
5. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
April 18,
Virginia, on , 1988.
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: March 10, 1988
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Thomas L. Keith
TYPE OF FACILITY: Manufacturing
Maximum amount of financing sought
Estimated taxable value of the
facility's real property to be
constructed in the municipality
Estimated real property tax per
year using present tax rates
Estimated personal property tax
per year using present tax rates
Estimated merchants' capital
(business license) tax per
year using present tax rates
Estimated dollar value per year
of goods and services that will
be purchased locally
Estimated number of regular
employees on year round basis
Average annual salary per employee
$.1,000,000
$ 450,000
$ 3,946.50
$ 22,000
618.00
600,000*
41
lS,ooq
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY ~
C~airma~
* Approximately $45,000 purchased in Richmond
Economic Impact Statement
Amount of investment
Amount of industrial revenue bond
financing sought
Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach
Estimated real property tax per
year using present tax rate
Estimated.personal property tax
Economic impact statement
demonstrating the overall
return to the City:
A. Number of new jobs 0
B. Payroll generated $ 0 Ay. Wage $ 0
C. Number of jobs retained 65
Fe
$ 1,100~000
$ 1,000,000
$ 450,000
$ 3,946.50
$ 22,000
Payroll retained $ 610,000 Av. Wage $
Estimate of the value of goods and services
purchased within the geographic boundary of
Virginia Beach by type
professional services,
etc.):
Type
Inventory
(inventory, machinery,
insurance, motor vehicles,
Professional and subcontract services
Insurance
Value
$ 41,000
$ 35,000
$ 25,000
Estimated building permit fee
and other municipal fees $
* Currently unknown; rehabilitation to be ongoing for two year period
after acquisition of facility
G. Estimated construction payroll* $
Estimated value of construction *
material to be purchased within
the City of Virginia Beach
Estimated number of*
construction jobs
Any other items of which the
applicant feels the Authority
should be made aware of in
evaluating the project
e
Is the site currently zoned for the use of being
proposed for industrial revenue bond financing?
Yes x No
8. Has a bond purchase agreement/commitment been accepted
by the applicant? (attach a copy) Yes No X
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution?
Yes X No
10. Location of project (attach location map) 5043 Cleveland Street,
Virginia Beach, Virginia
11. Explanation of alternative financing that has been
reviewed for project Bank loans; debt service too costly
I hereby certify that the information stated in the
above Economic Impact Statement is accurate and true in all
respects.
' ' (Applica~t~ ~ {?
Subscribed and sworn to before me this
March , 1984.
10th day of
My Commission Expires: March 9, 1990
III ·
APPLICANT'S NA~ME:
PROJECT ADDRESS:
TYPE OF PROJECT:
THOMAS L. KEITH
5043 CLEVELAND STREET
VIRGINIA BEACH, VIRGINIA 23462
MANUFACTURING FACILITY FOR
PRINTED PRODUCTS
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
~. APPLICANT'S NAME:
2. LOCATION:
Thomas L. Keith
5043 Cleveland Street
Virginia Beach, Virginia ' 23462
3. DESCRIPTION OF PROJECT:
4. AMOUNT OF BOND ISSUE:
Manufacturing facility for printed
products
$1,000,000
5. PRINCIPALS:
Thomas L. Keith
Inia A. Keith
American Drafting and Lamenating Company
6. ZONING CLASSIFICATION:
Presgnt zoning
classification of the
Property
b. Is rezoning proposed?
c. If so, to what zoning
classification?
I-1
Yes
No x
- 29 -
Item IV-I.
CONSENT AGENDA
ITEM # 29229
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 5 a-k, 7 and 8 of the CONSENT AGENDA.
Item 6 was voted upon separately.
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 Abstaining:
Councilwoman Parker ABSTAINED on Items
husband do business with these concerns.
~.alelelk
as she and her
Council Members Absent:
None
RESOLUTION IN RECOGNITION
WHEREAS: The history of
helping other people -- joining
dedication and commitment;
America is one of a nation of people
together to build a better society--
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: ER. ROBERT B~RNE served as a Member on the Virginia
Beach COASTAL STUDY CCg~MITTEE from May 1986 thru December 1987. His
dedication, commitment and unselfish service have involved personal
sacrifices and inconveniences, not only to himself but frequently to
the family; and,
WHEREAS: ~]visors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
N(~, THEREFORE, BE IT RESOLVED: ~hat the Virginia Beach City
Council here assembled this Eighteenth day of April, Nineteen Hundred
Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses
deep GRATITUDE and RESPECT to:
DR. R O B E R T B YR N E
Given under my hand and seal,
Ma yor
RESOLUTION IN RECOGNITION
WHEREAS: The history of America is one of a nation of people
helping other people -- joining together to b~i. lda better society --
dedication and commitment;
WHEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that we ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied we have done our
best;
WHEREAS: Fo I~EID ERVIN served as a Member on the HAMPTON ROADS
AIR POLLUTION CONTROL DISTRICT CC~4ISSION from December 1 979 thru
October 1987. His dedication, commitment and unselfish service have
involved personal sacrifices and inconveniences, not only to himself
but frequently to the family; and,
WHEREAS: A~visors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, T~/KEFC~E, BE IT RESOLVED: That the Virginia Beach City
Council here assembled this Eighteenth day of April, Nineteen Hundred
Eighty-Eight, on behalf of the citizens of Virginia Beach, expresses
deep GRATITUDE and RESPECT to:
F. REID E RVI N
Given under my hand and seal,
Mayor
- 31 -
Item IV-I.2.
CONSENT AGENDA
ITEM # 29231
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Moss, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $13,100 for an
Environmental Resources Inventory/Urban Development
Impact Evaluation System and accept Grant Funds in
the amount of $10,000 from the Virginia Council on
the Environment.
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
AN ORDINANCE TO APPROPRIATE $13,100 FOR
AN ENVIRONMENTAL RESOURCES INVENTORY/URBAN DEVELOPMENT
IMPACT EVALUATION SYSTEM AND ACCEPT
GRANT FUNDS IN THE AMOUNT OF $10,000
FROM THE VIRGINIA COUNCIL ON THE ENVIRONMENT
~HEREAS, the City of Virginia Beach in its interest to preserve and protect
the natural resources of the City has expressed a concern to conserve the City's
environmentally significant areas, and
WHEREAS, the City staff has identified the need to identify and inventory
the City's environmentally significant areas such that urban development
activities might be undertaken so as to avoid or mitigate adverse impacts upon
these areas, and
WHEREAS, funds to develop an environmental resources inventory/urban
development impact evaluation review system are available from the Virginia
Council on the Environment, and
WHEREAS, the Virginia Council on the Environment has awarded a grant of
$10,000 to be matched by $3,100 from available funds from the Planning
Department's operating budget for fiscal year 1987-1988.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that funding in the amount of $13,100 be appropriated to the Grants
Consolidated Fund for the development of an environmental resources
inventory/urban development impact evaluation review system, and
BE IT FURTHER ORDAINED that this appropriation be supported by a transfer of
$3,100 from the Planning Department's operating budget for fiscal year 1987-1988
and an increase in estimated revenue from the Commonwealth in the amount of
$10,000, and
BE IT FURTHER ORDAINED that the City Manager is authorized to enter into the
appropriate contractual arrangements with the Virginia Council on the Environment
in support of an environmental resources inventoryfurban development impact
evaluation system.
This ordinance shall be effective form the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia the
18 day of April , 1988.
April 11, 1988
FIRST READING:
April 18, 1988
SECOND READING:
- 32 -
Item IV-I.3.
CONSENT AGENDA
ITEM # 29232
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Moss, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $6,000 from the
United States Department of Housing and Urban
Development for an Emergency Shelter Program.
Voting: tl-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara Mo 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
ORDINANCE TO ACCEPT AND APPROPRIATE $6,000
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR AN EMERGENCY SHELTER PROGRAM
WHEREAS, the Stewart B. McKinney Homeless Assistance Act,
enacted by the Congress on July 22, 1987, provides $50 million
nationwide for an emergency shelter grants program; and
WHEREAS, this program provides grants to localities to
support homeless shelter programs and support services within
their boundaries; and
WHEREAS, there is a need to provide shelter and support
services for the homeless in Virginia Beach; and
WHEREAS, the U.S. Department of Housing and Urban
Development has informed the City that $6,000 has been allocated
to the City of Virginia Beach for such homeless assistance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that a grant of $6,000 from the U.S. Department of
Housing and Urban Development for emergency shelter programs is
accepted.
BE IT FURTHER ORDAINED that the City Manager is authorized
to execute a Grant Agreement with the U.S. Department of Housing
and Urban Development accepting the grant of $6,000.
BE IT FURTHER ORDAINED that funds in the amount of $6,000
are appropriated to the Department of Housing and Community
Development for a pass-through to private, non-profit agencies
who will provide housing and services to the homeless.
BE IT FURTHER ORDAINED that the City of Virginia Beach will
comply with all requirements of this program of the U.S.
Department of Housing and Urban Development.
Adopted by the Council of the
day of April 1988.
City of
Virginia Beach on
~8
First Reading: April 11, 1988
Second Reading~,~, ~,~
- 33 -
Item IV-I.4.
CONS~T AGENDA
ITF~M # 29233
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Moss, City Council
APPROVED upon FIRST READING:
Ordinance to Increase Revenues and Appropriations
in the FY '87-'88 Operating Budget by $27,000 for
the purchase of a replacement ambulance through the
Division of Emergency Medical Services for the
Black~ater Volunteer Rescue Squad.
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
~O~m~_o.~. AN ORDINANCE TO INCREASE REVENUES AND APPROPRIATIONS
~ IN TIlE FY87-88 OPERATING BUDGET BY $27~000 FOR TIlE PURCHASE
O~(_~.~ .~A REPLACF21ENT ANBULANCF. THROUGH THE DIVISION OF F/~ERGP. NCY DICAL SERVICES FOR THE BLACKWATER VOLUNTEER RESCUE SQUAD
WHEREAS, the City of Virginia Beach provides emergency medical services for
its citizens through a successful cooperative venture with an all-volunteer staff
of emergency care providers organized into independent rescue squads, and
WHEREAS, the City supports these volunteer rescue squads with monthly
stipends to offset routine operating expenses, and, when necessary, purchases
major capital equipment with financial assistance from the rescue squads, and
WHEREAS, the current ambulance for the Blackwater Volunteer Rescue Squad
requires replacement, and
WHEREAS, the FY87-88 Operating Budget has $38,000 appropriated as the City's
share of the purchase of a replacement ambulance for the Blackwater Volunteer
Rescue Squad, with the agreement that the Squad will contribute the balance of
funds required for the purchase, and
WHEREAS, the lowest acceptable bid submitted amounts to $65,000, and
WHEREAS, since the City shall retain title to the ambulance, the full
purchase price of the ambulance must be appropriated in order to meet accounting
requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that revenues be increased by the acceptance of the $27,000
contribution from the Blackwater Volunteer Rescue Squad toward the purchase of
the ambulance, and
BE IT FURTHER ORDAINED that the $27,000 contribution be appropriated into
the FY87-88 Operating Budget of the Division of Emergency Medical Services for
the purchase of the ambulance for $65,000.
First Reading: April 18, 1988
Second Reading:
- 34 -
Item IV-I.5.b/d/f/g/h/i/j/
CONSENT AGENDA
ITEM # 29234
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
ADOPTED:
Ordinances Granting Franchises for Open Air Cafes:
Atlantic Resort Associates
trading as Best Western Oceanfront
1101 Atlantic Avenue
Beach Motel Corporation
trading as Thunderbird Motor Lodge
3410 Atlantic Avenue
Island Republic, Inc.
trading as Island Republic Cafe
1905 Atlantic Avenue
Kona Koast Corporation
trading as Outrigger Lounge/Kona Cafe
1805 Atlantic Avenue
Oceanside Investment Associates
trading as Holiday
0ceanside/Jonah's
2t05 Atlantic Avenue
Inn
Princess Anne Inn, Inc.
trading as Mother Kelley's Outside Inn
2500 Atlantic Avenue
Sandcastle Motel, Inc.
trading as Pierside Cafe
lath Street and Atlantic Avenue
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:
1 AN ORDINANCE GRANTING A FRANCHISE TO
2 ATLANTIC RESORT ASSOCIATES FOR A TERM OF
3 THREE (3) YEARS, FROM MAY 1, 1988, TO APRIL
4 30, 1991, TO OPERATE A BOARDWALK CAFE AT
5 1101 ATLANTIC AVENUE, CONDITIONED ON THE
6 EXECUTION OF THE FRANCHISE AGREEMENT AND ON
7 COMPLIANCE WITH THE TERMS AND CONDITIONS
8 THEREOF
9
10
11 WHEREAS, Atlantic Resort Associates (t/a Best Western
12 Oceanfront/Beach Cabaret) (hereinafter referred to as "Grantee")
13 has submitted a re-application for the operation of a boardwalk
14 cafe' located at 1101 Atlantic Avenue; and
15 WHEREAS, the City has developed a Franchise Agreement
16 for the regulation of open air/boardwalk cafe's, which Agreement
17 the Grantee will be required to execute and to comply with as a
18 condition of the continued existence of the Franchise; and
19 WHEREAS, Grantee has successfully operated a boardwalk
20 cafe' at the location indicated herein; and
21 WHEREAS, based on the past successful operation, the
22 Office of the City Manager, Resort Programs Office has
23 recommended the granting of a franchise to Grantee.
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That a Franchise Agreement is hereby granted to
27 Atlantic Resort Associates (t/a Best Western Oceanfront/Beach
28 Cabaret) to operate a boardwalk cafe' at 1101 Atlantic Avenue,
29 from May 1, 1988, to April 30, 1991, conditioned on Grantee's
30 execution of the Franchise Agreement and on its compliance with
31 the terms and conditions thereof.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the 15 day of April , 1988.
34
36
37 RMB/epm
38 04/11/88 -~' ~ ~!GNATURE
39 CA-2665
40 G:~ORDIN~NONCODE~ATLANTICRESORT.ORD
DEPARTMENT
CITy ATTO~ 53EY
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2
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AN ORDINANCE GRANTING A FRANCHISE TO BEACH
MOTEL CORPORATION FOR A TERM OF THREE (3)
YEARS, FROM MAY 1, 1988, TO APRIL 30, 1991,
TO OPERATE A BOARDWALK CAFE AT 3410 ATLANTIC
AVENUE, CONDITIONED ON THE EXECUTION OF THE
FRANCHISE AGREEMENT AND ON COMPLIANCE WITH
THE TERMS AND CONDITIONS THEREOF
WHEREAS, Beach Motel Corporation (t/a Thunderbird Motor
Lodge) (hereinafter referred to as "Grantee") has submitted a
re-application for the operation of a boardwalk cafe' located at
3410 Atlantic Avenue; and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a boardwalk
cafe' at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to Beach
Motel Corporation (t/a Thunderbird Motor Lodge) to operate a
boardwalk cafe' at 3410 Atlantic Avenue, from May 1, 1988, to
April 30, 1991, conditioned on Grantee's execution of the
Franchise Agreement and on its compliance with the terms and
conditions thereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of A~il , 1988.
RMB/epm
03/28/88
CA-2636
G:~ORDIN~NONCODE~BEACHMOTEL.ORD
, ~.P.P. OVED~TO C, gNTENI'S
SIGNATURE
DEPARTMENT
J~PPP, OVED~f, TO LEGAL
CiTY .~;'
1 AN ORDINANCE GRANTING A FRANCHISE TO ISLAND
2 REPUBLIC, INC. FOR A TERM OF THREE (3) YEARS,
3 FROM MAY 1, 1988, TO APRIL 30, 1991, TO
4 OPERATE A BOARDWALK CAFE AT 1905 ATLANTIC
5 AVENUE, CONDITIONED ON THE EXECUTION OF THE
6 FRANCHISE AGREEMENT AND ON COMPLIANCE WITH
7 THE TERMS AND CONDITIONS THEREOF
8
9
10 WHEREAS, Island Republic, Inc. (t/a Island Republic
11 Restaurant) (hereinafter referred to as "Grantee") has submitted
12 a re-application for the operation of a boardwalk cafe' located
13 at 1905 Atlantic Avenue; and
14 WHEREAS, the City has developed a Franchise Agreement
15 for the regulation of open air/boardwalk cafe's, which Agreement
16 the Grantee will be required to execute and to comply with as a
17 condition of the continued existence of the Franchise; and
18 WHEREAS, Grantee has successfully operated a boardwalk
19 cafe' at the location indicated herein; and
20 WHEREAS, based on the past successful operation, the
21 Office of the City Manager, Resort Programs Office has
22 recommended the granting of a franchise to Grantee.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 That a Franchise Agreement is hereby granted to Island
26 Republic, Inc. (t/a Island Republic Restaurant) to operate a
27 boardwalk cafe' at 1905 Atlantic Avenue, from May 1, 1988, to
28 April 30, 1991, conditioned on Grantee's execution of the
29 Franchise Agreement and on its compliance with the terms and
30 conditions thereof.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the 18 day of April , 1988.
33
35
36 RMB/epm
37 04/11/88
38 CA-2665
39 G:~ORDIN~NONCODE~IslandRepublic.ORD
1
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AN ORDINANCE GRANTING A FRANCHISE TO KONA
KOAST CORPORATION FOR A TERM OF THREE (3)
YEARS, FROM MAY 1, 1988, TO APRIL 30, 1991,
TO OPERATE A BOARDWALK CAFE AT 1805 ATLANTIC
AVENUE, CONDITIONED ON THE EXECUTION OF THE
FRANCHISE AGREEMENT AND ON COMPLIANCE WITH
THE TERMS AND CONDITIONS THEREOF
WHEREAS, Kona Koast Corporation (t/a Outrigger Lounge)
(hereinafter referred to as "Grantee") has submitted a re-
application for the operation of a boardwalk cafe' located at
1805 Atlantic Avenue; and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a boardwalk
cafe' at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to Kona
Koast Corporation (t/a Outrigger Lounge) to operate a boardwalk
cafe' at 1805 Atlantic Avenue, from May 1, 1988, to April 30,
1991, conditioned on Grantee's execution of the Franchise
Agreement and on its compliance with the terms and conditions
thereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of April , 1988.
RMB/epm
03/28/88
CA-2630
G:~ORDIN~NONCODE~KONAKOAST.ORD
APPROVF. D~TO CONTENTS
~JGNATUR
DEPARTMENT
CiTY ATTOR~qEY
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AN ORDINANCE GRANTING A FRANCHISE TO
OCEANSIDE INVESTMENT ASSOCIATES FOR A TERM OF
THREE (3) YEARS, FROM MAY 1, 1988, TO APRIL
30, 1991, TO OPERATE A BOARDWALK CAFE AT 2105
ATLANTIC AVENUE, CONDITIONED ON THE EXECUTION
OF THE FRANCHISE AGREEMENT AND ON COMPLIANCE
WITH THE TERMS AND CONDITIONS THEREOF
WHEREAS, Oceanside Investment Associates (t/a Holiday
Inn Oceanside) (hereinafter referred to as "Grantee") has
submitted a re-application for the operation of a boardwalk cafe'
located at 2105 Atlantic Avenue; and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a boardwalk
cafe' at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to
Oceanside Investment Associates (t/a Holiday Inn Oceanside) to
operate a boardwalk cafe' at 2105 Atlantic Avenue, from May 1,
1988, to April 30, 1991, conditioned on Grantee's execution of
the Franchise Agreement and on its compliance with the terms and
Council of the City
day of April
conditions thereof.
Adopted by the
Virginia, on the 18
RMB/epm
03/28/88
CA-2634
G:~ORDIN~NONCODE~OCEANSIDE.ORD
of Virginia Beach,
, 1988.
SIGNATURE
DEPARTMENT
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39
4O
AN ORDINANCE GRANTING A FRANCHISE TO
PRINCESS ANNE INN, INC. FOR A TERM OF THREE
(3) YEARS, FROM MAY 1, 1988, TO APRIL 30,
1991, TO OPERATE A STUB STREET PARK CAFE AT
2500 ATLANTIC AVENUE, CONDITIONED ON THE
EXECUTION OF THE FRANCHISE AGREEMENT AND ON
COMPLIANCE WITH THE TERMS AND CONDITIONS
THEREOF
WHEREAS, Princess Anne Inn, Inc. (t/a Mother Kelley's
Outside Inn) (hereinafter referred to as "Grantee") has submitted
a re-application for the operation of a stub street park cafe'
located at 2500 Atlantic Avenue; and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a stub
street park cafe' at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
of the
April
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to
Princess Anne Inn, Inc. (t/a Mother Kelley's Outside Inn) to
operate a stub street park cafe' at 2500 Atlantic Avenue, from
May 1, 1988, to April 30, 1991, conditioned on Grantee's
execution of the Franchise Agreement and on its compliance with
the terms and conditions thereof.
Adopted by the Council
18
Virginia, on the day of
RMB/epm
03/28/88
CA-2635
G:~ORDIN~NONCODE~PRINCESSANNE.ORD
City of Virginia Beach,
,/~88 .
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AN ORDINANCE GRANTING A FRANCHISE TO
SANDCASTLE MOTEL, INC. FOR A TERM OF THREE
(3) YEARS, FROM MAY 1, 1988, TO APRIL 30,
1991, TO OPERATE A BOARDWALK CAFE AT 14TH
STREET AND ATLANTIC AVENUE, CONDITIONED ON
THE EXECUTION OF THE FRANCHISE AGREEMENT AND
ON COMPLIANCE WITH THE TERMS AND CONDITIONS
THEREOF
WHEREAS, Sandcastle Motel, Inc. (hereinafter referred
to as "Grantee") has submitted a re-application for the operation
of a boardwalk cafe' located at 14th Street and Atlantic Avenue;
and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a boardwalk
cafe' at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to
Sandcastle Motel, Inc. to operate a boardwalk cafe' at 14th
Street and Atlantic Avenue, from May 1, 1988, to April 30, 1991,
conditioned on Grantee's execution of the Franchise Agreement and
on its compliance with the terms and conditions thereof.
Adopted by the Council of the City of Virginia Beach,
18 April
Virginia, on the day of , 1988.
RMB/epm
03/28/88
CA-2631
G:~ORDIN~NONCODE~SANDCASTLE.ORD
SIGNATURE
DEPARTMI~NT
APPROVES TO LEGAL
CITY ATI'C~RN[ y
- 35 -
Item IV-I.5.a/c/e/k
CONSENT AGENDA
ITeM # 29235
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
ADOPTED:
Ordinances Granting Franchises for Open Air Cafes:
Atlantic Enterprises, Inc.
trading as Oceanfront Inn/Surfside Cafe
2901 Atlantic Avenue
Barclay Restaurant Corporation
trading as London Pavilion Cafe
809 Atlantic Avenue
Colonial Inn, Inc.
trading as Cary's Cafe
2809 Atlantic Avenue
Triton Towers Associates
trading as Water's Edge Cafe
2207 Atlantic Avenue
Voting: 10-0
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 and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker*
Council Members Absent:
None
*Councilwoman Parker ABSTAINED as
aforementioned companies
she and her
husband do business with the
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AN ORDINANCE GRANTING A FRANCHISE TO
ATLANTIC ENTERPRISES, INC. FOR A TERM OF
THREE (3) YEARS, FROM MAY 1, 1988, TO APRIL
30, 1991, TO OPERATE A BOARDWALK CAFE AT 2901
ATLANTIC AVENUE, CONDITIONED ON THE EXECUTION
OF THE FRANCHISE AGREEMENT AND ON COMPLIANCE
WITH THE TERMS AND CONDITIONS THEREOF
WHEREAS, Atlantic Enterprises, Inc. (t/a Oceanfront
Inn/Surfside Cafe) (hereinafter referred to as "Grantee") has
submitted a re-application for the operation of a boardwalk cafe'
located at 2901 Atlantic Avenue; and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a boardwalk
RMB/epm
03/28/88
CA-2637
G:~ORDIN~NONCODE~ATLANTICENTERPRISES.ORD
cafe' at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to
Atlantic Enterprises, Inc. (t/a Oceanfront Inn/Surfside Cafe) to
operate a boardwalk cafe' at 2901 Atlantic Avenue, from May 1,
1988, to April 30, 1991, conditioned on Grantee's execution of
the Franchise Agreement and on its compliance with the terms and
conditions thereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of April , 198~.
r,~J?R, OV~ TO CON1 ~,'~
- SIGNATURE
JDI~PARTMENT
~PR:OVED/~O LEGAL
CITY AT
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AN ORDINANCE GRANTING A FRANCHISE TO BARCLAY
RESTAURANT CORPORATION FOR A TERM OF THREE
(3) YEARS, FROM MAY 1, 1988, TO APRIL 30,
1991, TO OPERATE A BOARDWALK CAFE AT 809
ATLANTIC AVENUE, CONDITIONED ON THE EXECUTION
OF THE FRANCHISE AGREEMENT AND ON COMPLIANCE
WITH THE TERMS AND CONDITIONS THEREOF
WHEREAS, Barclay Restaurant Corporation (t/a London
Pavilion Restaurant and Lounge) (hereinafter referred to as
"Grantee") has submitted a re-application for the operation of a
boardwalk cafe' located at 809 Atlantic Avenue; and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a boardwalk
at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to
Barclay Restaurant Corporation (t/a London Pavilion Restaurant
and Lounge) to operate a boardwalk cafe' at 809 Atlantic Avenue,
cafe'
from May 1, 1988, to April 30, 1991, conditioned on Grantee's
execution of the Franchise Agreement and on its compliance with
the terms and conditions thereof.
Adopted by the Council
Virginia, on the 18 day of
RMB/epm
03/28/88
CA-2632
G:~ORDIN~NONCODE~BARCLAY.ORD
of the City of Virginia Beach,
April , 1988.
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
CITY ATTORNEY
1 AN ORDINANCE GRANTING A FRANCHISE TO
2 COLONIAL INN, INC. FOR A TERM OF THREE (3)
3 YEARS, FROM MAY 1, 1988, TO APRIL 30, 1991,
4 TO OPERATE A BOARDWALK CAFE AT 2809 ATLANTIC
5 AVENUE, CONDITIONED ON THE EXECUTION OF THE
6 FRANCHISE AGREEMENT AND ON COMPLIANCE WITH
7 THE TERMS AND CONDITIONS THEREOF
8
9
10 WHEREAS, Colonial Inn, Inc. (t/a Cary's Restaurant)
11 (hereinafter referred to as "Grantee") has submitted a re-
12 application for the operation of a boardwalk cafe' located at
13 2809 Atlantic Avenue; and
14 WHEREAS, the City has developed a Franchise Agreement
15 for the regulation of open air/boardwalk cafe's, which Agreement
16 the Grantee will be required to execute and to comply with as a
17 condition of the continued existence of the Franchise; and
18 WHEREAS, Grantee has successfully operated a boardwalk
19 cafe' at the location indicated herein; and
20 WHEREAS, based on the past successful operation, the
21 Office of the City Manager, Resort Programs Office has
22 recommended the granting of a franchise to Grantee.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25 That a Franchise Agreement is hereby granted to
26 Colonial Inn, Inc. (t/a Cary's Restaurant) to operate a boardwalk
27 cafe' at 2809 Atlantic Avenue, from May 1, 1988, to April 30,
28 1991, conditioned on Grantee's execution of the Franchise
29 Agreement and on its compliance with the terms and conditions
30 thereof.
31 Adopted by the Council of the City of Virginia Beach,
18 April
32 Virginia, on the day of , 1988.
33
34
35 APPR~~NTS
36 RMB/epm
37 03/28/88
38 CA-2633 ~ '-SIGNATURE
39 G:~ORDIN~NONCODE~COLONIALINN.ORD
DEPARTMENT
~PPRO/~D AS TO LEGAL
CITY ATTORN~
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AN ORDINANCE GRANTING A FRANCHISE TO TRITON
TOWERS ASSOCIATES FOR A TERM OF THREE (3)
YEARS, FROM MAY 1, 1988, TO APRIL 30, 1991,
TO OPERATE A BOARDWALK CAFE AT 2207 ATLANTIC
AVENUE, CONDITIONED ON THE EXECUTION OF THE
FRANCHISE AGREEMENT AND ON COMPLIANCE WITH
THE TERMS AND CONDITIONS THEREOF
WHEREAS, Triton Towers Associates (t/a Water's Edge
Cafe) (hereinafter referred to as "Grantee") has submitted a re-
application for the operation of a boardwalk cafe' located at
2207 Atlantic Avenue; and
WHEREAS, the City has developed a Franchise Agreement
for the regulation of open air/boardwalk cafe's, which Agreement
the Grantee will be required to execute and to comply with as a
condition of the continued existence of the Franchise; and
WHEREAS, Grantee has successfully operated a boardwalk
cafe' at the location indicated herein; and
WHEREAS, based on the past successful operation, the
Office of the City Manager, Resort Programs Office has
recommended the granting of a franchise to Grantee.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a Franchise Agreement is hereby granted to Triton
Towers Associates (t/a Water's Edge Cafe') to operate a boardwalk
cafe' at 2207 Atlantic Avenue, from May 1, 1988, to April 30,
1991, conditioned on Grantee's execution of the Franchise
Agreement and on its compliance with the terms and conditions
thereof.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of April
RMB/epm
03/28/88
CA-2629
G:~ORDIN~NONCODE~TRITON TOWERS.ORD
~" ~ SIGNATURE -- --
DEPARTMENT
APPR.,,O,V~AS TO LEGAL'
CITY ATToL'.;Ey~--~---~
- 36 -
Item IV-I.6.a/b/c/d.
CONSENT AGENDA
ITEM # 29236
Henry Ruiz, Administrator Resort Programs Office, advised Councilwoman McClanan
the reason that only four (4) Mobile Vending Franchises were recommended for
approval is to assure controlled mobile vending at the oceanfront.
Upon motion by Councilman Heischober, seconded by Councilwoman Parker, City
Council ADOPTED:
Ordinances Granting Franchises for Mobile Vendor
Operations:
Beach Smokehouse, Inc.
20th Street Connector Park
Del's Lemonade
22nd Street Connector Park
Popcornucopia
13th Street Connector Park
Uncle Harry's Cones and Cream
37th Street Connector Park
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
i! ~'~/~AN ORDINANCE GRANTING A FRANCHISE TO BEACH
~~.~'---~-~-~--~OUSE, INC. TO CONDUCT A MOBILE VENDOR
~ "~~~f 3 ~ ~ ~ ~' >~ ~ OPERATION AT THE 20TH STREET CONNECTOR PARK
4 FROM MAY 1, 1988 TO SEPTEMBER 15, 1988,
5 RENEWABLE FOR TWO (2) ADDITIONAL FOUR AND
6 ONE-HALF (4 1/2) MONTH TERMS OF A FRANCHISE
7 AGREEMENT AND ON COMPLIANCE WITH THE TERMS
8 AND CONDITIONS THEREOF
9
10 WHEREAS, on January 21, 1986, City Council adopted a
11 Resolution authorizing the City Manager to promulgate regulations
12 for the provision of limited mobile vendor operations at the
13 Oceanfront; and
14 WHEREAS, the Office of the City Attorney developed a
15 Franchise Agreement for such operations, which incorporated the
16 afore-mentioned regulations; and
17 WHEREAS, the first year of mobile vendor operations proved
18 to enhance the festive atmosphere at the Oceanfront; and
19 WHEREAS, City staff, based on past operations, has
20 recommended a continuance of the mobile vendor concept on a
21 limited basis, and has specifically recommended the granting of
22 four (4) franchises for mobile vendor operations; and
23 WHEREAS, Requests for Proposals for mobile vendor franchises
24 at the Connector Parks located at 13th, 20th, 22nd, and 37th
25 Streets were issued; and
26 WHEREAS, the City received numerous responses to the
27 Requests for Proposals; and
28 WHEREAS, Beach Smokehouse, Inc. was selected by an
29 evaluation committee as one of the four most responsive bidders.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 That a franchise is hereby granted to Beach Smokehouse, Inc.
33 to conduct a mobile vendor operation at the 20th Street Connector
34 Park from May 1, 1988 to September 15, 1988, renewable for two
35 (2) additional four and one-half (4 1/2) month terms, conditioned
36 on the execution of a Franchise Agreement and on the compliance
37 with the terms and conditions thereof.
38 Adopted by l~he Council of t~r~ity of Virginia Beach,
39 Virginia, on the day of , 1988.
40
41 RMB/dga-04/12/88-CA-2643
MOBILE
~LEMONADE TO CONDUCT A VENDOR
OPERATION AT THE 22ND STREET FROM MAY 1, 1988
4 TO SEPTEMBER 15, 1988, RENEWABLE FOR TWO (2)
5 ADDITIONAL FOUR AND ONE-HALF (4 1/2) MONTH
6 TERMS OF A FRANCHISE AGREEMENT AND ON
7 COMPLIANCE WITH THE TERMS AND CONDITIONS
8 THEREOF
9
10 WHEREAS, on January 21, 1986, City Council adopted a
11 Resolution authorizing the City Manager to promulgate regulations
12 for the provision of limited mobile vendor operations at the
13 Oceanfront; and
14 WHEREAS, the Office of the City Attorney developed a
15 Franchise Agreement for such operations, which incorporated the
16 afore-mentioned regulations; and
17 WHEREAS, the first year of mobile vendor operations proved
18 to enhance the festive atmosphere at the Oceanfront; and
19 WHEREAS, City staff, based on past operations, has
20 recommended a continuance of the mobile vendor concept on a
21 limited basis, and has specifically recommended the granting of
22 four (4) franchises for mobile vendor operations; and
23 WHEREAS, Requests for Proposals for mobile vendor franchises
24 at the Connector Parks located at 13th, 20th, 22nd, and 37th
25 Streets were issued; and
26 WHEREAS, the City received numerous responses to the
27 Requests for Proposals; and
28 WHEREAS, Del's Lemonade was selected by an evaluation
29 committee as one of the four most responsive bidders.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 That a franchise is hereby granted to Del's Lemonade to
33 conduct a mobile vendor operation at the 22nd Street from May 1,
34 1988 to September 15, 1988, renewable for two (2) additional four
35 and one-half (4 1/2) month terms, conditioned on the execution of
36 a Franchise Agreement and on the compliance with the terms and
37 conditions thereof.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 18 day of April , 1988.
40
41 RMB/dga-04/12/88-CA-2645
,%PPROVED A3 ..... '
z OR ZN ICE RANC ZSE TO
~ ....~ /f/-'~flppn~TCOPIA TO CONDUCT A MOBILE VENDOR
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t~/JJO~N.~¥OPERATION AT THE 13TH STREET FROM MAY 1,
1988
TO SEPTEMBER 15, 1988, RENEWABLE FOR TWO (2)
ADDITIONAL FOUR AND ONE-HALF (4 1/2) MONTH
TERMS OF A FRANCHISE AGREEMENT AND ON
COMPLIANCE WITH THE TERMS AND CONDITIONS
THEREOF
WHEREAS, on January 21, 1986, City Council adopted a
Resolution authorizing the City Manager to promulgate regulations
for the provision of limited mobile vendor operations at the
Oceanfront; and
WHEREAS, the Office of the City Attorney developed a
Franchise Agreement for such operations, which incorporated the
afore-mentioned regulations; and
WHEREAS, the first year of mobile vendor operations proved
to enhance the festive atmosphere at the Oceanfront; and
WHEREAS, City staff, based on past operations, has
recommended a continuance of the mobile vendor concept on a
limited basis, and has specifically recommended the granting of
four (4) franchises for mobile vendor operations; and
WHEREAS, Requests for Proposals for mobile vendor franchises
at the Connector Parks located at 13th, 20th, 22nd, and 37th
Streets were issued; and
WHEREAS, the City received numerous responses to the
Requests for Proposals; and
WHEREAS, Popcornucopia was selected by an evaluation
committee as one of the four most responsive bidders.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a franchise is hereby granted to Popcornucopia to
conduct a mobile vendor operation at the 13th Street from May 1,
1988 to September 15, 1988, renewable for two (2) additional four
and one-half (4 1/2) month terms, conditioned on the execution of
a Franchise Agreement and on the compliance with the terms and
conditions thereof.
Adopted b~sthe Council of the City of Virginia Beach,
Virginia, on the day of April , 1988.
RMB/dga-04/12/88-CA-2646
DE,ART~,EN~'
[APPROVED ^3, TO
,;, ~UFFIC. J~CY AND
~L,,t,~ 1~~~ O~IN~CE GRATING A FR~CHISE TO UNCLE
MOBILE
TO CONDUCT A
,,,, ~f~~v,~ CONES ~D CRE~
/ 3 ~A~O~N?f VENDOR OPERATION AT THE 37TH STREET FROM MAY
4 1, 1988 TO SEPTEMBER 15, 1988, RENEWABLE FOR
5 TWO (2) ADDITIONAL FOUR AND ONE-HALF (4 1/2)
6 MONTH TERMS OF A FRANCHISE AGREEMENT AND ON
7 COMPLIANCE WITH THE TERMS AND CONDITIONS
8 THEREOF
9
10 WHEREAS, on January 21, 1986, City Council adopted a
11 Resolution authorizing the City Manager to promulgate regulations
12 for the provision of limited mobile vendor operations at the
13 Oceanfront; and
14 WHEREAS, the Office of the City Attorney developed a
15 Franchise Agreement for such operations, which incorporated the
16 afore-mentioned regulations; and
17 WHEREAS, the first year of mobile vendor operations proved
18 to enhance the festive atmosphere at the Oceanfront; and
19 WHEREAS, City staff, based on past operations, has
20 recommended a continuance of the mobile vendor concept on a
21 limited basis, and has specifically recommended the granting of
22 four (4) franchises for mobile vendor operations; and
23 WHEREAS, Requests for Proposals for mobile vendor franchises
24 at the Connector Parks located at 13th, 20th, 22nd, and 37th
25 Streets were issued; and
26 WHEREAS, the City received numerous responses to the
27 Requests for Proposals; and
28 WHEREAS, Uncle Harry's Cones and Cream was selected by an
29 evaluation committee as one of the four most responsive bidders.
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 That a franchise is hereby granted to Uncle Harry's Cones
33 and Cream to conduct a mobile vendor operation at the 37th Street
34 from May 1, 1988 to September 15, 1988, renewable for two (2)
35 additional four and one-half (4 1/2) month terms, conditioned on
36 the execution of a Franchise Agreement and on the compliance
37 with the terms and conditions thereof.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 18 day of April , 1988.
40
41 RMB/dga-04/12/88-CA-2644
- 37 -
Item IV-I.7.
CONSENT AGENDA
ITEM # 29237
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
APPROVED:
BINGO/RAFFLE PERMITS
Plaza Recreation League Raffle
St. Gregory's Woman's Club - Raffle
St. Matthews Elementary School - Bingo/Raffle
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:
- 38 -
Item IV-I.8.
CONSENT AGENDA
ITEM # 29238
Upon motion by Vice Mayor 0berndorf, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$7,727.74 upon application of certain persons and
upon certificaiton of the City Treasurer for
Payment.
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
o.M .o.c.^.? 3/30/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- Date Penalty Int. Total
NAME Year of Tax Number tion No. Paid
Edwin B Lindsley
Investors Savings Bank
Investors Savings Bank
Sovran Mortgage Co
Teresa G Jones
Robert Jordan
88 RE(l/2) 63109-3 12/1/87 48.71
87 RE(l/2) 65485-3 12/5/86 410.87
87 RE(2/2) 65485-3 6/5/87 410.87
88 RE(l/2) 25820-~ 12/3/87 7.46
86 PP 86972-q 1/12/88 25.67
87 Dog V15919 2/19/87 2.00
Total 905.58
This ordinance shall be effective from date of adoption.
The .above abatement(s) totaling
$905.58 were approved by
the Council of the City of Virginia
Beach on thelg day of ^pri]
Ruth Hodges Smith
City Clerk
Joh, '~",~inson', '~t'easurer
Approved as/(~ ~'orm:
(..,~/ Dale Bimson, ~Jity a orney
Fo.. ,o.c.^.? 4/5/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Iht, Total
Year of Tax Number tion No. Paid
Mutual Federal S & L 88 RE(l/2) 104025-6
Mutual Federal S & L 88 RE(l/2) 32008-0
Mutual Federal S & L 88 RE(l/2) 67100-4
Clara Wiggins 88 RE(l/2) 116561-0
Gravely Construction Co 88 RE(l/2) 55163-2
Virginia Beach Federal S & L 88 RE(l/2) 14213-9
Norman L & Gladys Joines 88 RE(l/2) 54433-9
David I & Gale Levine 88 RE(l/2) 62441-2
Herman S & Georgia McCall 87 PP 111652-1
12/5/87 16.42
12/5/87 2.21
12/5/87 44.73
11/20/87 10.97
11/25/87 110.27
12/5/87 102.06
12/3/87 21.93
12/4/87 504,28
1/29/88 9.29
Total 822.16
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
822~6 were approved by
the Council of the City of Virginia
Beach on thel$ day of ~--~.~
Ruth Hodges Smith
City Clerk
[J~ateV~'imso~, ~iiy AttorneY, '
Item IV-K.1.
NEW BUSINESS
- 39 -
ITEM # 29239
Giles Dodd, Asssistant City Manager for Administration, was in attendance to
respond to inquiries relative Interim Financial Statements for the period of
July 1, 1987, through February 29, 1988.
Said Financial Statements are hereby made a part of the record.
Item IV-K.2/3
NEW BUSINESS
ITEM # 29240
ADD-ON
Uon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance declaring an Emergency on the Oceanfront
and providing for emergency permits to owners of
damaged property to construct protective bulkheads
at Sandbridge Beach as a result of a Storm
occurring on or about April 13, 1988
AND,
Resolution ~ich will reaffirm and Declare an
Emergency in the Sandbridge Area of the City of
Virginia Beach as a result of the Storm on or about
April 13, 1988.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentrsss,
Harold Eeischober, 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
April 18, 1988
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AN ORDINANCE DECLARING AN EMERGENCY AT THE
OCEANFRONT AT SANDBRIDGE BEACH AS A RESULT OF
A STORM OCCURRING ON OR ABOUT APRIL 13, 1988
WHEREAS, on or about April 13, 1988, a northeaster
storm produced damaging winds, surf and high tides in the
Sandbridge Area; and
WHEREAS,
Sandbridge Area and damaged sand dunes
thereto; and
WHEREAS, Subsection 3K of
Code of Virginia authorizes the City
this storm caused severe beach erosion in the
and some homes ad3acent
Section 62.1-13.25 of the
Council of the City of
Virginia Beach to allow certain activities to be pursued for the
purpose of protecting the public health or safety; and
WHEREAS, the City Council of the City of Virginia Beach
desires to allow the City Engineer to determine which structures
or properties at Sandbridge are in clear and eminent danger from
erosion and storm damage due to severe wave action or storm
surge. They further desire that owners of structures or
properties in such danger be allowed to apply and the City
Engineer be allowed to issue with reasonable conditions an
emergency permit to allow the owner to erect and maintain
have the
the City
above.
ratify
permit.
protective bulkheads of a type, size and configuration approved
by the City Engineer.
WHEREAS, City Council desires for the Wetlands Board to
opportunity to review each determination and decision
Engineer makes to issue an emergency permit referenced
Also, City Council desires for the Wetlands Board to
the City Engineer's decision to issue each emergency
NOW, THEREFORE, BE IT ORDAINED BY
CITY OF VIRGINIA BEACH, VIRGINIA:
THE COUNCIL OF THE
That a local emergency is hereby declared at Sandbridge
Beach pursuant to Subsection 3K of Section 62.1-13.25 of the Code
of Virginia; and
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Be it further ordained that the City Engineer may
determine which structures or properties on the oceanfront at
Sandbridge are in clear and eminent danger from erosion and storm
damage due to severe wave action or storm surge. The owners of
structures or properties in such danger are allowed to apply and
the City Engineer is
reasonable conditions
protective bulkheads of a
by the City Engineer.
Be it further
allowed to
to allow
type,
issue an emergency permit with
the owner to erect and maintain
size and configuration approved
ordained that the Wetlands Board may
review the City Engineer's determination and decision to grant
each emergency permit. The Board may also ratify each of the
City Engineer's decisions within thirty (30) days of the issuance
of a permit.
The local emergency hereby declared shall terminate on
August 31, 1988.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of April, 1988.
JDB/awj
04/15/88
04/18/88
CA8802675
Storm. Ord
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A RESOLUTION WHICH WILL REAFFIRM AND DECLARE
AN EMERGENCY IN THE SANDBRIDGE AREA OF THE
CITY OF VIRGINIA BEACH AS A RESULT OF THE
STORM ON OR ABOUT APRIL 13, 1988
WHEREAS, on or about April 13, 1988, a northeaster
storm produced damaging winds, surf and high tides in the
Sandbridge Area; and
WHEREAS, this storm caused severe beach erosion in the
Sandbridge Area and damaged sand dunes and some homes adjacent
thereto; and
WHEREAS, the City Council 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 replenishment 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 THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That a local emergency, as
146.16(6) is hereby declared pursuant to
the Code of Virginia; and
defined in Section 44-
Section 44-146.21(cl) of
Be it further resolved that the January 5, 1987
Resolution of the City Council of the City of Virginia Beach is
hereby restated and reaffirmed; and
Be it further resolved that the City Manager and City
staff are hereby directed to take all steps deemed necessary to
push existing sand so as to restore the eroded dune line,
including contacting the Commonwealth of Virginia and the various
governmental agencies that are a part of the Commonwealth for the
purpose of enlisting their aid.
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46 CA8802676
47 Storm. Res
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Adopted by
on the 18
the Council of the City of Virginia Beach,
day of April, 1988.
Item IV-K.4.
NEW BUSINESS
IT~ # 29241
ADD-ON
Dr. Michael McLean, Chiropractor, advised he has been in private practice in
Virginia Beach for fourteen (14) years. He is the and Founder and Past
President of the Tidewater Chiropratic Association and former Virginia Delegate
to the International Chiropractic Association.
Dr. McClean reequested the City consider the ADO?TION of an Ordinance relative
the VIRGINIA BEACH ~NICIPAL EMPLOYEES' HEALTH CARE FREEDOM OF CHOICE for City
Employees. A copy of said Ordinance is hereby made a part of the record.
Dr. Mclean advised that Byron Whiting,~a patient, is employed in Parks and
Recreation. Byron injured himself om the job approximately 9 months ago. Bryom
requested authorization from the City Officials for Chiropractic care. This
authorization was DE~IED. The employee aparently does mot have the right to
request Chiropractic care. Chiropractic care must be referred for City
Employees by a Medical Doctor. Dr. McLean treated Byron at his own expense.
April 18, 1988
- 42 -
Item IV-L.~.
ADJOURNMENT
ITEM # 29242
Upon motion by Councilman Balko and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 4:45 P.M.
O. Hooks
Chief Deputy City Clerk
~uth Hod~s Smith, CMC
City Clerk
City of Virginia Beach
Virginia
J. DALE BIM$ON
CITY ATTORNEY
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4531
In Reply Refer To Our File No. LT-1703
April 18, 1988
The Honorable Robert Jones, Mayor,
and Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Dear Mayor & Members of City Council:
Re:
Tidewater Builders Association, et al v. City
of Virginia Beach (At Law No. 86-LA-1828)
I enclose for your information the decision of the Circuit
Court of the City of Virginia Beach dated April 15, 1988, con-
cerning the above-captioned matter. The case, before the Court,
involved two substantive issues to be determined: (1) Whether
the City of Virginia Beach has inherent Constitutional,
Statutory, and Charter power to impose a [water] recovery fee;
and (2) Whether the fee, as imposed by the Ordinance of City
Council dated January 6, 1986, has a reasonable basis for its
formulation.
The Court in its opinion only answered the question whether
the City has the authority to impose such a fee as a matter of
law. The factual determination as to the reasonableness of the
fee will be determined at the trial date on May 5, 1988.
The Court in deciding the issue of whether the City had the
Constitutional, Statutory, and Charter power to impose such a
fee is addressed in the attached opinion.
The Court has made the following determinations:
1. The Ordinance in question involved a utility problem
and did not involve other services such as parks, roads, etc.
Honorable Robert Jones, Mayor -2-
and Members of City Council
April 18, 1988
Re:
Tidewater Builders Association, et al v. City
of Virginia Beach (At Law No. 86-LA-1828)
2. The Court determined that the express or implicit
authority to enact the recovery fee was pursuant to the following
Virginia Code Sections: 15.1-175(a)(s) and (k); 15.1-172(h);
15.1-1240(9); 15.1-873; 15.1-875; 15.1-292; and Virginia Beach
Charter, Section 2.01. The Court determined that the above Code
Sections authorized the City to establish, maintain, renew,
enlarge, up-date, and finance a municipal water system or
systems.
3. The Court concluded in the instance case that a recovery
fee was proper where the fee was imposed for the purpose of
recovering the capital costs incurred in securing a new water
source, the construction of transmission lines with related
equipment, and necessary expenses related to the project.
The Court also found that the recovery fee was not an
impermissible tax. The Court determined that it will permit
additional discussion as to the actual reasonableness and the
time lapse at the May 5, 1988, trial.
The Court did not make a determination as to the discrim-
inate application and the direct benefits tests raised by the
Plaintiff but reserved those questions for the evidentiary hear-
ing on May 5, 1988.
Therefore, the Circuit Court dismissed the Plaintiff's
Motion for Summary Judgment subject to reservations which will be
presented at the evidentiary hearing on May 5, 1988.
If Council has any further questions on this matter, either
myself, Mr. Stillman, or Mr. Cosgrove will be available, as
needed.
Very truly Y0urs,
' ~ L ~ ~ '- ,~.
~ J. Dale Bimson
,.. City Attorney
JDB/cb
Enclosure
cc: A~brey V. Watts, Jr., City Manager (with enclosure)
~Ruth H. Smith, CMC/AAE, City Clerk (with enclosure)
PHILIP L. EUSSO
AUSTIN £. OWI[N
KENNI[TH N. WNITI[HURST, ~/R.
H. CALVIN SPAIN
EDWARD W. HANSON, ,,IR.
,JOHN K, MOORE
ALAN E. J::~OSENBLATT
CIRCUIT COURT
CITY OF VIRGINIA BEACH
SECOND JUDICIAL CIRCUIT
April 15, 1988
N. WI[SCOTT ,JACOB
CIRCUIT COURT
ACCOMAC K COUNT,
NORTHAMPTON COUNTY
ONANCOCK, VIRGINIA 2,341;
Judith M. Cofield, Esquire
Pembroke Office Park
Pembroke One - The Fifth Floor
Virginia Beach, VA 23462-2989
Gregory N. Stillman, Esquire
First Virginia Bank Tower
Suite 1301
Post Office Box 3889
Norfolk, VA 23514-3889
Re:
Tidewater Builders Association, et al
v. (At Law No. 86-LA-1828)
City of Virginia Beach
Dear Counsel:
At a pre-trial hearing on January 29, 1988, the Court
determined, from argument and agreement of counsel, that the
pending case involved two (2) substantive issues to be
determined, to-wit: (1) Whether the ~Cit¥ of Virginia Beach/
has inherent Constitutional, Statutory and Charter power to
impose a "Recovery Fee"; and (2) If so, whether the fee, as
imposed through an Ordinance as enacted by the Virginia Beach
City Council on January 6, 1986, as amended, has a reasonable
basis for its formulation? It was conceded by all parties
that the first issue was strictly a matter of law and that
the second issue involved factual matters with extensive
testimony. In the interest of judicial economy of time and
to encourage all parties to prepare for trial (including the
narrowing of the stated issues), the Court bifurcated the
matters to be determined and set the law matters for trial on
March 18, 1988 and the factual matters for trial on May 5,
1988. Argument was heard on March 18, 1988, the parties
1The City of Virginia Beach, Tidewater Builders Association,
Inc. and Water Resources Recovery Fee are hereafter referred
to as City, TBA and Recovery Fee, respectively.
Judith M. Cofield, Esquire
Gregory N. Stillman, Esquire
April 15, 1988
Page Two
having submitted both pre and post trial briefs. The law
~ssu~ is now ripe for decision. ~
FACTUAL BACKGROUND
The City of Virginia Beach, a Virginia Municipal
Corporation, is among the fastest growing urban areas in the
United States. Since its incorporation, the City has had a
compelling interest in supplying adequate municipal services
to its citizens. Not the least of those services is--Mater.
The City is utterly without an independent water source
(aside from certain deep wells in Southside, Virginia, used
for emergencies). It has remained dependent upon the City of
Norfolk for its water supply and treatment facilities. Thus,
the City, being nothing less than a captive customer, and
subject to the whims of politics and nature, presently has a
contractual arrangement with the City of Norfolk to purchase
excess water from its system. That contractual arrangement
expires in 1993.
While the looming expiration date of the present water
contract presumably would cause any thinking councilperson to
spend sleepless nights, the City Council additionally has
been and presently is faced with the dilemma that future
growth projections into Twenty-first century clearly indicate
that the City of Norfolk cannot possibly supply the future
water supply needs of the City from its existing sources.
~ For a number of years, the City Council has studied the
impending water disaster and its possible' solutions. To its
credit, the City Council has acted decisively! After
discarding other options as cost prohibitive, technologically
· nsufficient, impractical, environmentally unsound or
politically unrealistic, the Council opted to strike out on
its own and secure a permanent independent water source, i.e.
Lake Gaston. Although the Lake Gaston project involves a
~ulti-municipal system, it has stirred up both logical and
· rrational objections from various governmental entities from
whom cooperation is essential (counties towns and the State
of North Carolina). '
Despite the uncertainties that were to be faced and the
many that still remain, the City Council, as a part of the
implementation of the Lake Gaston project, adopted an
Ordinance on January 6, 1986. The policy, purpose and
funding of the project were stated and implemented. Such was
done only after extensive public hearings and debate.
Thereafter, TBA filed its Petition for Declaratory Judgment.
Judith M. Cofield, Esquire
Gregory N. Stillman, Esquire
April 15, 1988
Page Three
The bifurcated law issue to be presently decided by the
Court comes on the Plaintiff's Motion for Summary Judgment.
QUESTION PRESENTED:
WHETHER THE CITY OF VIRGINIA BEACH
HAS THE INHERENT CONSTITUTIONALf STATUTORY
AND/OR CHARTER POWER TO IMPOSE A
"RECOVERY FEE"?
Of necessity, Constitutional, Statutory and Charter
authorities and powers are interwoven and interdependent.
The plaintiff has the burden of proof on its Motion for
Summary Judgment and, to that end, has argued alternative
theories.
The City must look to the Code of Virginia and its
Charter for the authority/power to enact the Ordinance in
question. Casting aside superfluous argument, academic
examples and semantics, the Court addresses the points of law
from the substance of the actual fa~ts.
The Ordinance in question involves a utility problem.
It does not involve parks, roads, etc. The authority/power
of the City to enact the Ordinance is governed by Title 15.1
of the Code of Virginia, in general, and the City Charter, in
particular, subject, of course, to the constraints of the
Constitution of Virginia. Albeit, the principles set forth
in,case law concerning parks, roads, etc. may very well be
applicable to the instant matter when considered in light of
the proscriptions of the Constitution.
One matter that pervades all discussion is that of the
viability of the so-called "Dillon's Rule." Suffice it to
say, the parties are in agreement that the Dillon Rule is
"alive and well" in Virginia. The Court concurs in that
agreement. The Dillon Rule, as correctly stated in' the
Defendant's Supplemental Memorandum, limits the delegation of
powers by the legislature to localities to:
" . . those granted in express words; . . those
necessarily or fairly implied in, or incident to the
powers expressly granted; . . those essential to the
declared objects and purposes of the corporation - not
simply convenient, but indispensable." A.E.D. Howard,
Commentaries on the Constitution of Virqinia, Art. VII
at 810 (footnote omitted).
Judith M. Cofield, Esquire
Gregory N. Stillman, Esquire
April 15, 1988
Page Four
The opportunity to repudiate that axiom of law was amply
before the framers of the revised Constitution of Virginia.
Such was clearly rejected by the General Assembly.
Hylton v. Prince William Co., 220 VA 435, 440 (1979).
Much ado has been made by the Plaintiff and Defendant
over the semantics of Chapter 15 of the Code of Virginia with
respect to the express or implicit authority/power to enact
the Recovery Fee. Reference is made specifically to Sections
15.1-175(a)(s) and (k); 15.1-1-172(h); 15.1-1240(9); 15.1-
873; 15.1-875; and 15.1-292. In summary, from the
aforementioned code sections and arguments of counsel, the
Court concludes that the code sections amply and expressly
authorize the City to establish, maintain, renew, enlarge,
up-date and finance a municipal water system or systems.
(Districts apparently would provide for systems within a
system).
Arguments by Plaintiff that .the code sections fail to
provide authority for a Recovery fee make for interesting
intellectual debate. This is especially so in light of the
express grant of additional powers by amendment to the
Virginia Beach Charter by the General Assembly, effective
January 1, 1977, that is, the inclusion of Sections 15.1-837
through 15.1-907 of the Code of Virginia. See Virginia
Beach Charter, Section 2.01 (1977).
~ Plaintiff contends that the elective provisions of the
Charter Act (See: Title 15.1) grant no 'additional powers to
the City. Not so! Perhaps inartfully stated, the principle
has long been upheld by the Supreme Court that different
sections of the code shall be read together to give meaning
to what otherwise might appear to be conflicting provisions.
It is further clear that the Charter Act applies only to
cities and towns, purposefully omitting counties. See:
Board of Supervisors of Henrico County v. Corbett, 206 vA 167
(1965). Thus the Court specifically finds that the·
referenced code sections and the City's Charter combined, if
there be any doubt, empower the City to enact the Recovery
Fee in principle.
The Court is nonetheless unimpressed with the
Defendant's argument that Section 15.1-839 "Trumps Dillon's
Rule." Dillon's Rule can and should be made to harmonize
where discretionary authority is clearly granted. See:
Commonwealth v. Arlington County Board, 217 VA 558 (1977).
Judith M. Cofield, Esquire
Gregory N. Stillman, Esquire
April 15, 1988
Page Five
Further, the Court is not impressed by the Defendant's
assertion, albeit obliquely, that the additional powers
granted to the City by the 1977 Charter amendment, gives the
City "raw power" to impose any fee, in the guise of police
powers, and thereby enshrine such fee from otherwise
legitimate review by the Court. The Supreme Court properly
addressed that contention when it stated:
"As the Board says, the police power is "elastic." But
its stretch is not indefinite. If it were, no property
right, indeed, no personal right could co-exist with
it." Bd. Sup. James City County v. Rowe, 216 VA 128, 139
(1975).
Consequently, the Court concludes that the Dillon Rule is not
applicable in the instant case where a fee was imposed for
the purpose of recovering the capital costs incurred in
securing a new water source, the construction of transmission
lines with related equipment, and necessary expenses related
to the project.
Having determined that inherent power exists, there are
still matters to be addressed. The Court finds that the
following needs to be determined: (1) is the Recovery Fee
really an impermissible tax; (2) was the Recovery Fee imposed
prematurely; (3) was the Recovery Fee applied indiscrimi-
nately; (4) did the Recovery Fee violate the direct benefit
tes~; (5) did the Recovery Fee violate the rational nexus
test; (6) does the imposition of the Recovery Fee violate a
permissible time lapse between payment and benefit? The
Court will consider these matters in chronological order.
Based upon all citations and argument of counsel, the
Court finds that the Recovery Fee is not a prima facie
impermissible tax. Plaintiff's counsel admitted that a fee,
whatever you may call it, fairly apportioned among the
beneficiaries is, in principle, a permissible charge. The
Court has concluded that the City has the inherent power to
impose the Recovery Fee in principle and reiterates the same.
Prematureness and time lapse are matters of concern for
the Court. The Charter and statutory powers clearly separate
fees, etc. that go into special accounts from those placed in
the General Fund. The Recovery Fee is deposited in a special
escrow fund for the Lake Gaston project. The project is
probably, if not in fact, unique in the Commonwealth of
Virginia, for its engineering, political and legal complex-
Judith M. Cofield, Esquire
Gregory N. Stillman, Esquire
April 15, 1988
Page Six
ity. The General Assembly, in its infinite wisdom, has
failed to address the water crisis tha~ undoubtedly will
befall the entire state. Without authority for intrabasin
transfer, water districts, mandatory regional and statewide
planning, the City has been forced to blaze its own path.
The enabling code sections and City Charter grant
discretionary decision-making power to the City Council.
Where the City has seen fit to act, after studies, public
hearings and debate, by enacting various ordinances,
including the Recovery Fee, a Court must give great weight to
its legislative judgment. This is doubly so based upon the
uncertainty as to the actual time before benefits may be
derived from the Lake Gaston project. The Court is not
prepared to find that the City is prohibited from
accumulating funds in advance for costs to be incurred in
consummating the Lake Gaston project. To the contrary, the
Court is of the opinion that such discretion was granted to
the City through its Charter and the referenced code
sections. Thus, the Court will follow the Supreme Court's
holding in Town of Narrows v. Clear-View Cable TV, Inc., 227
VA 272, at page 280:
"Municipal corporations are prima facie the sole judge
of the necessity and reasonableness of their ordi-
nances .... "
The Court will permit additional testimony on this matter, as
the~parties may be advised, at the evidentiary hearing on May
5, 1988, with respect to the actuaI reasonableness of the
time lapse.
The rational nexus test gives the Court little problem.
It finds no violation of the same.
The indiscriminate application and direct benefits tests
are different matters. By their very nature, they are
interwoven. They also require direct evidence of logical
reason and methodology for determination by the Court. At
this point, the Court does not have the necessary facts, i.e.
evidence, to rule. These matters are reserved for the
evidentiary hearing on May 5, 1988.
For all the foregoing reasons, the Plaintiff's Motion
for Summary Judgment is denied, subject to reservations as
heretofore set ~ forth with respect to the presentation of
certain evidence and renewal of the Motion as the plaintiff
may be advised.
Judith M. Cofield, Esquire
Gregory M. Stillman, Esquire
April 15, 1988
Page Seven
Ms. Cofield is requested to prepare an appropriate order
consistent with the Court's findings.
With the kindest of personal regards, I remain
M.~C~lvin Spain
HCS/ed