AN ORDINANCE REVISING DENSITY RESTRICTIONS IN THE RT-3 (LRG) LASKIN ROAD GATEWAY OVERLAY DISTRICT. Section Amended: City Zoning Ordinance 1542

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE REVISING DENSITY RESTRICTIONS IN THE RT-3 (LRG) LASKIN ROAD GATEWAY OVERLAY DISTRICT Section Amended: City Zoning Ordinance 1542 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 1542 of the City Zoning Ordinance, pertaining to density restrictions in the RT-3(LRG) Laskin Road Gateway Overlay District, is hereby amended and reordained, to read as follows: ARTICLE 15. RESORT TOURIST DISTRICTS.... E. RT-3(LRG) LASKIN ROAD GATEWAY OVERLAY DISTRICT.... Sec. 1542. Use regulations. (a) Principal uses and structures. Subject to general requirements and to the regulations of the RT-3 Resort Tourist District, all uses and structures permitted as principal uses in the RT-3 Resort Tourist District shall be permitted as principal uses within the Laskin Road Gateway Overlay District; provided that: (1) Multifamily dwelling units on lots abutting Laskin Road shall be allowed only in combination with one or more other permitted uses occupying

30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 the ground or first floor of the building in which the multifamily dwelling units are located. Such other uses shall have, singly or in combination, an occupancy frontage equivalent to no less than seventy-five per cent (75%) of the frontage of the lot on Laskin Road. For purposes of this section, occupancy frontage means the exterior length of that portion of a building occupied by a retail, office or other nonresidential use having at least one (1) exterior public entrance.; and (2) Multifamily dwellings shall not be subject to the provisions of Section 1521(a)(19) of this ordinance; and (2) Buildings containing multifamily dwelling units should adhere to the Laskin Road Gateway Design Guidelines. 47.... 48 49 50 51 52 53 COMMENT The amendment eliminates a reference to Section 1521, as the referenced provision is eliminated by a separate ordinance amendment. 2

54 55 56 57 58 Sec. 1543. Dimensional requirements; density Dimensional requirements and maximum density for uses and structures located within the Laskin Road Gateway Overlay District shall be as specified in the RT-3 Resort Tourist District; provided, however, that: 59 (a) The maximum density for multifamily dwellings located 60 61 62 63 64 65 66 67 on zoning lots west of Arctic Avenue shall be: (1) Eighteen (18) dwelling units per acre on zoning lots having an area of 20,000 square feet; (2) Twenty-four (24) dwelling units per acre on zoning lots having an area greater than 20,000 square feet and less than 2 acres; and (3) Thirty-six (36) dwelling units per acre on zoning lots having an area greater than 2 acres. 68 (b) The maximum density for multifamily dwellings located 69 70 71 72 73 74 75 on zoning lots east of Arctic Avenue shall be twenty-four (24) dwelling units per acre or as follows based on consistency with the specified criteria. Determination of compliance with the criteria provided below shall be made by the Director of Planning or his or her designee. Any appeal of the determination of compliance by the Director of Planning shall be to the City Council: 3

76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (1) The maximum density of multi-family dwellings that are on a zoning lot with a minimum lot size of 40,000 square feet shall be 30 dwelling units per acre. (2) The maximum density of multi-family dwellings that are within a mixed use development and meet the provisions of the Resort Area Design Guidelines shall be 36 dwelling units per acre. (3) The maximum density of multi-family dwellings that meet the provisions of subsections (1) and (2) and that have all required parking spaces contained within an on-site parking structure consistent with the Resort Area Design Guidelines and located on the same zoning lot as the development shall be 60 dwelling units per acre. 91 (b)(c) Density shall be determined based on the area of 92 93 94 95 96 97 98 the entire zoning lot, even if such lot is partially occupied by other principal uses or conditional uses, except that no parcel may simultaneously receive density credit for both lodging units and multifamily dwelling units; and (c) For purposes of determining the maximum allowed density for multifamily dwellings, in addition to the area of the zoning lot on which the multifamily dwelling is to be 4

99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 located, the area of any other lot under common ownership with such zoning lot and separated from such zoning lot by a public street of no more than one hundred (100) feet in width shall be included. COMMENT The changes provide revised density maximums for multi-family development in the eastern portion of the RT-3(LRG), consistent with the Resort Area Plan, if such development meets specified criteria. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of, 2005. CA-9814 OID\ordres\LaskinRoadGatewayord.doc R-1 November 28, 2005 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE ALLOWING ANCILLARY SINGLE- FAMILY DWELLINGS ON THE SAME LOT AS A SEPARATE SINGLE-FAMILY DWELLING Section Amended: CZO 200 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 200 (g) of Appendix A (Zoning Ordinance) of the Code of the City of Virginia Beach is hereby amended and reordained by establishing that an ancillary single-family dwelling unit may be erected on the same lot with a separate single-family dwelling unit: Section 200. Lots..... (g) Erection of structures on lot. Except as herein provided, there shall be no more than one (1) single-family detached dwelling, semidetached dwelling or duplex erected on a lot; provided, however, that one (1) single-family detached dwelling and one (1) ancillary single-family detached dwelling shall be allowed on lots within the R-5D(OB) Residential Duplex District or any Apartment or Resort Tourist District within the Old Beach Overlay District, in accordance with the provisions of Section 1903.

26 27 28 29 30 31 32 COMMENT The modification provides that an ancillary single-family dwelling may be erected on the same lot as a separate single-family dwelling on lots in the R-5D(OB) Residential Duplex District or any Apartment or Resort Tourist District within the Old Beach Overlay District. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of, 2005. 33 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Planning Department City Attorney s Office CA-9806 OID/LandUse/ordres/CZOSec200ord.doc November 28, 2005 R-1

AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY REPEALING THE OCEANFRONT RESORT AREA CONCEPT PLAN (1994) AND INCORPORATING THE OCEANFRONT RESORT AREA PLAN (NOVEMBER 2005) 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, on December 14, 2005, the Planning Commission held a public hearing concerning the amendment of the Comprehensive Plan (the Plan ) by repealing the Oceanfront Resort Area Concept Plan (1994) and incorporating the Oceanfront Resort Area Plan (November 2005), and at the conclusion of such public hearing, recommended that the Plan be amended thereby; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan be, and hereby is, amended and reordained by repealing the Oceanfront Resort Area Concept Plan (1994) and incorporating the Oceanfront Resort Area Plan 17 (November 2005) as an appendix to the Comprehensive Plan. A 18 19 20 21 true copy of the said Oceanfront Resort Area Plan (November 2005) was exhibited to the Planning Commission at its public hearing of December 14, 2005, and on this day to the City Council. 22 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of, 2005.

25 26 27 28 CA-9817 OID/ordres/AICUZ/OceanfrontRAPlan.doc R-1 November 28, 2005 29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 30 31 32 33 Planning Department City Attorney s Office 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN BY THE INCORPORATION OF THE OLD BEACH DESIGN GUIDELINES WHEREAS, on December 14, 2005, the Planning Commission held a public hearing concerning the amendment of the Comprehensive Plan (the Plan ) by the incorporation of the Old Beach Design Guidelines, dated August 5, 2005 and at the conclusion of such public hearing, recommended that the Plan be amended by the incorporation of the said Old Beach Design Guidelines as an appendix to the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Comprehensive Plan be, and hereby is, amended and reordained by the incorporation of the Old Beach Design Guidelines, dated August 5, 2005 as an appendix to the 18 Comprehensive Plan. A true copy of the said Guidelines was 19 20 21 22 23 24 25 26 27 exhibited to the Planning Commission on December 14, 2005, and on this day to the City Council. COMMENT The Ordinance incorporates the Old Beach Design Guidelines as an appendix to the Comprehensive Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of, 2005. 28

APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Planning Department City Attorney s Office CA-9802 OID/LandUse/ordres/OldBeachDesignGuidelinesord.doc November 15, 2005 R-1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEACH, VIRGINIA: AN ORDINANCE ESTABLISHING THE OLD BEACH OVERLAY DISTRICT Section Amended: City Zoning Ordinance 102 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA That Section 102 of the City Zoning Ordinance is hereby amended and reordained, to read as follows: maps. Section 102. Establishment of districts and official zoning (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:.... (a1) In addition to the districts enumerated in subsection (a), there There is hereby established the Shore Drive Corridor Overlay District. Such district shall be designated on the official zoning map by the notation "(SD)" following the designation of the underlying zoning district. As an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be designated on the official zoning map as having the classification "B- 4(SD)."

27 28 29 30 31 32 33 34 35 36 37 38 (a2) In addition to the districts enumerated in subsection (a), there There is hereby established, as an overlay district within the RT-3 Resort Tourist District, the Laskin Road Gateway Overlay District. Such district shall be designated on the official zoning map as "RT-3(LRG)." (a3) There is hereby established the Old Beach Overlay District. Such district shall be designated on the official zoning map by the notation (OB) following the designation of the underlying zoning district. As an illustration, property in the Old Beach Overlay District and in the R-5D Residential Duplex District shall be designated on the official zoning map as having the classification R-5D(OB). 39.... 40 41 42 43 44 45 46 COMMENT The amendments establish the Old Beach Overlay District as a zoning overlay district and make technical corrections to subsections (a1) and (a2). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of, 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney s Office CA-9813 OID/ordres/OldBeachOverlay102ord.doc November 28, 2005 R-1

1 2 3 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE ADDITION OF THE OLD BEACH OVERLAY DISTRICT 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the City Council has this date established the Old Beach Overlay District as a zoning overlay district and has adopted regulations applying therein; and WHEREAS, in order to define the geographic limits of the Old Beach Overlay District, it is necessary to amend the official zoning map of the City by delineating the boundaries of such District; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the official zoning map of the City of Virginia Beach be, and hereby is, amended to incorporate the Old Beach Overlay District, as shown on a series of sheets marked and identified as such, and which have been displayed before the City Council this date and are on file in the Department of Planning. COMMENT The ordinance amends the zoning map to incorporate the Old Beach Overlay District. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of, 2005. 26

APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney s Office CA-9803 OID/LandUseordres/OldBeachOverlayMapord.doc November 16, 2005 R-1

1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE AMENDING THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITIONS OF THE TERMS ANCILLARY SINGLE-FAMILY DWELLING UNIT, YARD, INTERIOR YARD AND MIXED USE Section Amended: City Zoning Ordinance 111 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of Appendix A (Zoning Ordinance) of the Code of the City of Virginia Beach is hereby amended and reordained by defining the terms ancillary single-family 14 15 16 17 dwelling unit, interior yard and mixed use and the definition of the term yard, to read as follows: Section 111. Definitions..... modifying 18 19 20 21 22 23 24 25 26 27 Dwelling, single-family. A building containing one (1) 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 of portable housing are not included within this definition. Dwelling, single-family, ancillary. A building containing one (1) dwelling unit, entirely surrounded by a yard but located on the same lot with a separate single-family dwelling of greater floor area. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other

28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 forms of temporary or portable housing are not included within this definition. Mixed Use. Two or more separate uses allowed as principal or conditional uses that are physically and functionally integrated with the sae structure on one zoning lot..... Yard. An open space that lies between the principal or accessory building or buildings and the lot lines, and in the case of lots containing ancillary single-family dwellings, a yard also consists of open space that lies between the ancillary single-family dwelling and the principal single-family dwelling located on the lot. This term includes front yards, rear yards, interior 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 interior. That portion of a lot encompassing all points in the lot within a minimum distance between an ancillary single-family dwelling and the principal single-family dwelling located on the lot as specified in the applicable district regulations.

50 51 52 53 54 55 56 57 COMMENT The ordinance (1) establishes the Ancillary Single-family Dwelling as a land use, allowed in the zoning districts where it is listed as either a principal or conditional use, (2) modifies the definition of a yard to include the area of a lot located between a single-family dwelling and an ancillary single-family dwelling, (3) defines the term mixed use, and (4) creates a new type of yard, labeled as interior, to address the required separation between a principal single-family dwelling and an ancillary single-family dwelling and the fact that single-family dwellings must be entirely surrounded by a yard. 58 59 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of, 2005. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICINENCY: Planning Department City Attorney s Office CA-9805 OID\OrdRes\ResortAreaSec111ord.doc R-1 November 21, 2005

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE AMENDING ARTICLE 15 OF THE CITY ZONING ORDINANCE, PERTAINING TO USE REGULATIONS, DIMENSIONAL REQUIREMENTS, VEHICULAR PARKING REQUIREMENTS, DENSITY RESTRICTIONS AND DESIGN INCENTIVES IN THE RT-1, RT-2 AND RT-3 RESORT TOURIST DISTRICTS AND THE LASKIN ROAD GATEWAY DISTRICT Sections Amended: City Zoning Ordinance 1500, 1501, 1502, 1506, 1507, 1510, 1511, 1511, 1513, 1514, 1515, 1516, 1520, 1521, 1522, 1523, 1524, 1525, 1526, 1542 and 1543 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Zoning Ordinance (City Code Appendix A) is hereby amended and reordained by the revision of Article 15, pertaining to the RT-1, RT-2 and RT-3 Resort Tourist Districts, to read as follows: 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. Development in the District should advance Resort Area land use and design goals 1

34 35 36 37 38 and, as expressed in the Comprehensive Plan, conform to the Oceanfront Resort Area Plan and the Oceanfront Resort Area Design Guidelines. While under the Navy s OPNAV Instruction 11010.B (December 19, 2002), hotels and motels in Accident Potential Zones or in Noise Zones 65-70 db DNL or higher are not 39 deemed to be compatible with operations arising out of Naval 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Air Station Oceana, such uses are the historical base of the City of Virginia Beach s Resort Area. The development and enhancement of high-quality hotel and motel uses is thus encouraged, but such uses should be sensitive to their proximity to Naval Air Station Oceana and should, therefore, be compatibile with air operations to the greatest extent possible. COMMENT This section revises the intent of the RT-1 Resort Tourist District so as to be consistent with the goals of the 2005 Oceanfront Resort Area Plan. Sec. 1501. Use regulations. 54 (a) Principal uses and structures: 55 56 57 58 59 60 61 (1) Except as provided in section 1501(b)(2), hotels and motels, which may have in conjunction with them any combination of restaurants, outdoor cafes, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than ten (10) percent of the floor area of all 2

62 structures (excluding parking) located on the 63 lot, subject to the following: 64 65 66 67 68 69 (i) The structure enclosing the uses permitted in conjunction with hotels and motels shall be fully enclosed at all times by solid exterior walls and roof with no exterior opening, other than passage-way doors as may be required by the Virginia Uniform Statewide 70 Building Code; 71 72 73 74 75 76 77 78 79 80 81 82 83 84 (ii) Such enclosed structure shall be located entirely within the same structure enclosing the principal use; and (iii)no entrances or exit to a use permitted in conjunction with hotels and motels 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. The only exceptions to this condition apply to boardwalk cafes as permitted by special 3

85 regulations established in franchise 86 agreements approved by city council. 87 88 89 90 91 92 (iv) Parking structures shall be permitted in conjunction with hotels and motels provided that ground level parking fronting Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps. 93 (2) Public buildings and grounds. 94 95 96 97 98 99 100 101 102 103 104 (3) 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 105 access opening. 106 107 (4) Bicycle rental establishments in conjunction with hotels and motels, subject to the following: 4

108 109 110 (i) Such establishments shall be no less than two hundred (200) feet in area and shall have minimum dimensions of ten (10) feet by 111 twenty (20) feet; 112 113 114 115 116 117 118 119 (ii) The area upon which bicycles are displayed shall be paved and the perimeter thereof delineated by 8" 8" timber curbing, except at the point of ingress and egress; (iii)no more than twenty (20) bicycles shall be stored or displayed in the rental area at any one time, repairs shall not be conducted in the rental area, and no rental activity 120 shall be conducted on public property; 121 122 123 124 125 (iv) No more than one (1) sign identifying any such establishment shall be permitted, and no such sign shall exceed four (4) square feet per face in surface area, be illuminated, or encroach into any portion of 126 the public right-of-way; and 127 128 129 130 131 (v) Points of ingress of any such establishment located adjacent to public property shall be directly connected to the boardwalk bicycle path by means of an existing sidewalk, street or connector park. 5

132 (5) Museums operated by nonprofit organizations. 133 (6) Building-mounted antennas. 134 135 136 137 138 139 140 141 142 (7) Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the City Code, Appendix C - Site Plan Ordinance, Section 5A and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual 143 shall be allowed. 144 145 (b) Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions 146 of part C of article 2 hereof: 147 (1) Commercial parking lots and parking garages. 148 149 150 151 (2) Restaurants operated in conjunction with hotels or motels where both of the following occur; provided, however, that drive-through facilities shall not be permitted: 152 (i) Alcoholic beverages are served; 153 154 155 (ii) The establishment excludes persons on the basis of age during any part of the day. (3) Heliports and helistops. 6

156 (3.01) Parking structures. 157 158 159 (3.05) Passenger vessels permitted by United States Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for 160 commercial purposes. 161 (3.1) Personal watercraft rentals. 162 163 164 165 166 167 168 169 170 171 (4) 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. 172 (5) Satellite wagering facility. 173 (a) The following chart lists those uses permitted within 174 175 the RT-1 Resort Tourist District as either principal uses, as indicated by a P or as conditional uses, as indicated by a 176 C. Conditional uses shall be subject to the provisions of 177 Part C of Article 2 (Section 220 et. seq.). No uses or 178 structures other than those specified shall be permitted. All 179 uses, whether principal or conditional, should to the greatest 7

180 extent possible adhere to the provisions of the Oceanfront 181 Resort Area Design Guidelines. 182 Use RT-1 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 Subject to the provisions of subsection (b), hotels and motels, which may have in conjunction with them any combination of restaurants, outdoor cafes, retail commercial use and convention facilities, provided that uses in conjunction with hotels and motels may not occupy more than ten (10) percent of the floor area of all structures (excluding parking) located on the lot Bicycle rental establishments in conjunction with hotels and motels, subject to the following: (i) such establishments shall be no less than two hundred (200) feet in area and shall have minimum dimensions of ten (10) feet by twenty (20) feet; (ii) the area upon which bicycles are displayed shall be paved and the perimeter thereof delineated by 8" 8" timber curbing, except at the point of ingress and egress; (iii) no more than twenty (20) bicycles shall be stored or displayed in the rental area at any one time, repairs shall not be conducted in the rental area, and no rental activity shall be conducted on public property; (iv) no more than one (1) sign identifying any such establishment shall be permitted, and no such sign shall exceed four (4) square feet per face in surface area, be illuminated, or encroach into any portion of the public right-of-way; and (v) points of ingress of any such establishment located adjacent to public property shall be directly connected to the boardwalk bicycle path by means of an existing sidewalk, street or connector park Building mounted antennas P P P 8

224 Commercial parking lots and garages C 225 Eating and drinking establishments, whether 226 or not operated in conjunction with a 227 hotel or motel, where both of the 228 following occur: (i) alcoholic beverages 229 are served; and (ii) the establishment 230 excludes persons on the basis of age 231 232 233 during any part of the day Heliports and helistops C C 234 Museums operated by non-profit organizations P 235 Parking structures C 236 Passenger vessels permitted by United States 237 Coast Guard regulations to carry more than 238 one hundred forty-nine (149) passengers 239 240 241 and used for commercial purposes Personal watercraft rentals C C 242 Public buildings and grounds P 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 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. 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 P 9

265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 character of adjacent properties P Satellite wagering facility C Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed. P (b) Structures enclosing uses permitted in conjunction with hotels and motels shall be subject to the following requirements: (1) Such structures shall be located entirely within and shall be fully enclosed at all times by solid exterior walls and roof with no exterior opening, other than passageway doors as may be required by 289 the Virginia Uniform Statewide Building Code; 290 291 292 293 294 295 296 (2) Except with respect to boardwalk cafes as permitted by franchise agreements approved by the City Council, no entrance or exit to the use shall be located on the side of any structure facing the boardwalk, unless such entrance or exit provides access to a courtyard or intervening open area, in which case such open 10

297 298 area shall be fully fenced or walled to a height of at least four (4) feet and without any 299 entrances or exits facing the boardwalk; and 300 301 302 303 304 (3) Parking structures shall be permitted in conjunction with hotels and motels provided that ground level parking fronting Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives 305 and ramps. 306 307 308 309 (c) Proposed conditional uses shall be evaluated for consistency with the following criteria regarding general land use, transportation, and aesthetic provisions in order to further the legislative intent of the RT-1 District and the 310 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 311 312 (1) Any development or redevelopment in this area should contribute to creating an attractive 313 wholesome family resort destination; 314 315 316 317 318 319 (2) The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination; (3) The use and structure should complement resort activity centers and corridors and advance the area s public and private investments; 11

320 321 322 323 324 (4) All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality image as expressed in the Oceanfront 325 Resort Area Design Guidelines; 326 327 328 329 330 (5) All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and (6) The use should be appropriate for both local 331 residents and visitors to the area. 332 333 334 335 336 COMMENT This section re-formats the list of permitted and conditional uses to be consistent with the format found in the rest of the zoning ordinance. ADD TO COMMENT.... 337 338 Sec. 1506. Maximum density ratings Density. 339 340 341 342 343 344 Except as otherwise provided in section 1507, the maximum density of hotel and motel development shall be one hundred sixty (160) units per acre for the entire zoning lot, of which no more than ten (10) fifteen (15) percent shall may be dwelling units, even if partially occupied by other principal uses or conditional uses. 12

345 346 347 348 349 350 351 352 353 354 355 356 357 COMMENT The amendment increases the maximum number of allowed lodging units in a hotel or motel in the RT-1 Resort Tourist District from 10% to 15% of the total number of units. Sec. 1507. Desired design features and incentives. Standards and Incentives. Performance (a) For uses on lots with a minimum area of twenty thousand (20,000) square feet and having architectural features, site design and landscaping consistent with the Comprehensive Plan, the Oceanfront Resort Area Plan, and the Resort Area Design Guidelines, the maximum density of hotel and motel uses shall be one hundred seventy-five (175) units per acre, of which 358 no more than ten (10) fifteen (15) percent shall may be 359 dwelling units, and uses in conjunction with hotels and motels 360 may occupy up to but not more than a maximum of twenty (20) 361 362 363 364 365 366 367 percent of the floor area of all structures (excluding parking) located on the lot. (b) For uses on lots with a minimum area of forty thousand (40,000) square feet and having architectural features, site design and landscaping consistent with the Comprehensive Plan, the Oceanfront Resort Area Plan, and the Resort Area Design Guidelines, the maximum density of hotel and motel uses shall be 368 two hundred (200) units per acre, of which no more than ten (10) 369 370 fifteen (15) percent shall may be dwelling units, and uses in conjunction with hotels and motels may occupy up to but not more 13

371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 than twenty-five (25) percent of the floor area of all structures located on the lot. (c) For uses on lots with a minimum area of eighty thousand (80,000) square feet or on separate lots under common ownership totaling at least eighty thousand (80,000) square feet in area, where: (i) such lots are separated solely by a public street of no more than one hundred (100) feet in width and by a distance not exceeding the width of the public street, (ii) at least twenty (20) percent of the floor area of the use is for convention or related facilities, (iii) the entire lot or lots are developed in a functionally integrated fashion, and (iv) the uses have architectural features, site design and landscaping consistent with the Comprehensive Plan, the Oceanfront Resort Area Plan, and the Resort Area Design Guidelines, the following shall apply: (1) The maximum density for hotel and motel uses shall be two hundred twenty-five (225) units per acre, of which no more than ten (10) fifteen (15) 389 percent shall may be dwelling units, for the 390 391 392 393 entire accumulation of parcels (2) Uses in conjunction with a hotel may occupy up to fifty (50) percent of the floor area of the structures; and 14

394 395 396 397 398 (3) Required parking shall be at least one (1) space per lodging or dwelling unit or one (1) space per two hundred (200) square feet of floor area used for uses in conjunction with the hotel, whichever is greater. 399 400 401 402 403 404 405 406 407 (d) In addition to the number of units otherwise allowed pursuant to this section, where open space meeting the criteria set forth in section 1502(e) is provided, the number of hotel or motel units may be increased by one and one-half (1.5) units, of which no more than ten (10) fifteen (15) percent may be dwelling units, for every one thousand (1,000) square feet of open space provided. 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 COMMENT The amendments to this section revise the percentage of allowable dwelling units within a hotel or motel from 10 percent to 15 percen, and provide for certain design incentives as a means of obtaining increased density. The revisions to this section are consistent with recommendations of the Comprehensive Plan and the Oceanfront Resort Area Plan to increase the number of dwelling units in the Resort Area. C. RT-2 RESORT TOURIST DISTRICT Sec. 1510. Legislative intent. The provisions purpose of the RT-2 Resort Tourist District is to provide areas for resort hotels and appropriate mixtures of other complementary uses generally in the area west of Atlantic 15

425 426 427 Avenue and east of Pacific Avenue. 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 428 of incentives. Development in this district shall advance 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 Resort Area land use and design goals and, as expressed in the Comprehensive Plan, conform to the Oceanfront Resort Area Plan and the Oceanfront Resort Area Design Guidelines, and shall be appropriate in use and design to its proximity to Naval Air Station Oceana. COMMENT This section revises the intent of the RT-2 Resort Tourist District District so as to be consistent with the goals of the 2005 Oceanfront Resort Area Plan. Sec. 1511. Use regulations. (a) Principal uses and structures: For parcels less than fourteen thousand (14,000) square feet in size, any one (1) of the following is allowed; provided, however, that drive-through facilities shall not be permitted as a principal or accessory use: 447 (0.5) Antennas, building-mounted; 448 (1) Auditoriums and assembly halls; 449 (2) Boat sales; 450 451 (3) Business studios, offices, clinics and medical laboratories; 16

452 (4) Bicycle rental establishments; 453 (5) Child care and child care education centers; 454 (6) Reserved; 455 (7) Commercial recreation facilities other than those of 456 an outdoor nature; 457 (8) Eating and drinking establishments, except as 458 specified in subsection (c)(6); 459 (9) Financial institutions; 460 (10) Funeral homes; 461 (11) Museums and art galleries; 462 463 464 (12) Off-site parking facilities, provided the provisions of section 1505 are met, and provided further, that parking structures shall be allowed only as a 465 conditional use; 466 467 468 (13) Personal service establishments, including barber and beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment 469 repair shops with processing on the premises; 470 471 (14) Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs; 472 (15) Public buildings and grounds; 473 474 475 (16) Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, 17

476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 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; (17) 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, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple-family dwelling, church, park or school. (17.5) Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the City Code, Appendix C - Site Plan Ordinance, Section 5A and the 18

500 501 502 503 Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards 504 Manual shall be allowed. 505 506 507 For parcels greater than fourteen thousand (14,000) square feet, any of the following additional uses are allowed and may be used in combination with any of the permitted uses listed above: 508 (18) Multifamily dwellings; 509 510 511 512 513 514 515 (19) 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 ten (10) percent of the floor area of all structures (excluding parking) located on the lot; provided further, that drive-through facilities shall 516 not be permitted as a principal or accessory use. 517 (a) The following chart lists those uses permitted within 518 519 the RT-2 Resort Tourist District as either principal uses, as indicated by a P, or as conditional uses, as indicated by a 520 C. Conditional uses shall be subject to the provisions of 521 522 523 Part C of Article 2 (Section 220 et seq). Buildings within the RT-2 District may include any principal or conditional uses in combination with any other principal or conditional uses, but 19

524 only as specified below. No uses or structures other than those 525 specified shall be permitted. All uses, whether principal or 526 527 conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines. 528 529 530 Use Antennas, building-mounted RT-2 P 531 Auditoriums and assembly halls P 532 533 534 535 536 Automobile and small engine repair establishments, provided that all repair work shall be performed within a building Automobile service stations C C 537 Bed and Breakfast Inns C 538 Bicycle rental establishments P 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 Boat sales Business studios, offices, clinics and medical laboratories 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; and (ii) A minimum of three (3) off-street parking spaces for automobiles shall be provided for each car wash space within the facility Child care and child care education centers Churches Commercial parking lots, parking garages, parking structures and storage garages P P C P C C 20

556 Commercial recreation facilities other than those of 557 558 559 an outdoor nature Dormitories for marine pilots P C 560 561 Drive-through facilities of financial institutions C 562 Dwellings, multi-family within a mixed-use development 563 on lots greater than fourteen thousand (14,000) 564 square feet, provided that such dwelling units shall 565 be located above the ground floor of the building 566 containing such units and provided further that said 567 dwellings should be consistent with the provisions 568 569 of the Resort Area Design Guidelines P 570 Eating and drinking establishments, except as 571 specified below P 572 573 Eating and drinking establishments where both of the 574 following occur: (i) Alcoholic beverages are 575 served; and (ii) The establishment excludes persons 576 577 578 on the basis of age during any part of the day Financial institutions C P 579 Funeral homes P 580 581 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 Heliports and helistops Home occupations Hospitals and sanitariums Housing for seniors and disabled persons; maternity Homes 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 Motels and hotels, on lots greater than fourteen thousand (14,000) square feet, which may have in conjunction with them any combination of C C C C C C 21

597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 restaurants, retail commercial use and convention and conference facilities, provided that uses in conjunction with hotels and motels may not occupy more than twenty (20) percent of the floor area of the floor area of all structures (excluding parking) located on the lot; provided further drive-through facilities shall not be permitted as a principal or accessory use Museums and art galleries Off-site parking facilities in connection with any permitted or conditional use within the RT-1, RT-2, or RT-3 Resort Tourist Districts, provided the requirements of section 1514 are met, the off-site parking facility is located at least 100 feet from any lot zoned Residential or Apartment District, and provided further that all of the following requirements are met: (a) Parking structures for such parking facilities shall be allowed only as a conditional use; (b) Off-site parking facilities shall be located within one thousand (1,000) feet from the use they are intended to serve; (c) 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 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 Passenger transportation terminals Passenger vessels permitted by United States Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes 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 Personal watercraft rentals P P P C C P C 22

642 643 644 645 646 Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs Public buildings and grounds C P 647 Public utilities installations and substations, 648 including offices; provided storage or maintenance 649 facilities shall not be permitted; and provided 650 further that utilities substations, other than 651 individual transformers, shall be surrounded by a 652 wall, solid except for entrances and exits, or by a 653 fence with a screening hedge five(5) to six (6) feet 654 in height; and provided also, transformer vaults for 655 underground utilities and the like shall require 656 only a landscaped screening hedge, solid except for 657 658 access opening P 659 Public utility storage or maintenance installations 660 provided the lot in which the use is located is at 661 least 100 feet from any lot zoned Residential and 662 663 Apartment C 664 Radio and television broadcasting stations, cellular 665 666 antenna and line-of-sight relay devices C 667 Recreational and amusement facilities of an outdoor 668 nature, which may be partially or temporarily 669 enclosed on a seasonal basis with approval of city 670 council, provided that, in the development of such 671 properties, safeguards are provided to preserve and 672 protect the existing character of adjacent 673 properties C 674 675 Retail establishments, provided that adult bookstores 676 shall be prohibited from locating within five 677 hundred (500) feet of any Apartment or Residential 678 zoning district, single- or multiple- family 679 dwelling, church, park, or school P 680 681 Satellite wagering facility C 682 683 684 685 686 Temporary commercial parking lots, provided that adjacent to any public right-of-way perimeter landscaping meeting the requirements of the City Code, Appendix C - Site Plan Ordinance, Section 5A and the Public Works Specifications and Standards 23

687 688 689 690 691 692 Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed. P 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 (b) Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures; provided, however, that drive-through facilities shall not be permitted: (1) 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 (1) nonilluminated identification sign not more than one (1) 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 24

713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 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 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 (1) 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 or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments. (c) Proposed conditional uses shall be evaluated for consistency with the following criteria regarding general land use, transportation, and aesthetic provisions in order to further the legislative intent of the RT-1 District and the 731 goals of the Comprehensive Plan and Oceanfront Resort Area Plan: 732 733 734 (1) Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination; 25