(a)

The purpose of this article is to regulate the use of property in the vicinity of Newport News/Williamsburg International Airport located within the City of Newport News by establishing an airport approach restricted use zone. All regulations set forth in this article shall apply in regulating the height of structures and objects of natural growth.

(b)

It is hereby found that an airport hazard endangers the lives and property of the users of an airport and of the occupants of land in its vicinity and, if the obstruction type, reduces the size of the area available for landing and maneuvering of aircraft, thus tending to destroy or impair the utility of airports within the city and the public investment therein.

Accordingly, it is declared:

(1)

That it is necessary in the interest of the public health, safety, and general welfare that the creation or establishment of obstructions that are hazards to air navigation be prevented;

(2)

That the creation or establishment of an obstruction has the potential for being a public nuisance and may injure the area served by the airport;

(3)

That the City of Newport News derives economic development and enhanced interstate commerce from Newport News/Williamsburg International Airport; and, developments in the vicinity of the airport are held strictly to the highest possible safety standards to protect economic benefits derived from the airport; and

(4)

That the prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.

(Ord. No. 5028-97, § 1)

As used in this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:

(1)

Administrator: The zoning administrator of the City of Newport News.

(2)

Airport: Newport News/Williamsburg International Airport.

(3)

Airport elevation: Forty-three (43) feet above mean sea level.

(4)

Approach surface: A surface longitudinally centered on the extended runway centerline, extending outward and upward from the end of the primary surface, and at the same slope as the approach zone height limitation slope set forth in section 45-3104 of this chapter. In plan view the perimeter of the approach surface coincides with the perimeter of the approach zone.

(5)

Approach, transitional, horizontal, and conical zones: The airspace zones as set forth in section 45-3103 of this chapter.

(6)

Conical surface: A surface extending outward and upward from the periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet.

(7)

Hazard to air navigation: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.

(8)

Height: For the purpose of determining the height limits in all zones set forth in this chapter and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified.

(9)

Horizontal surface: A horizontal plane one hundred and fifty (150) feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.

(10)

Larger than utility runway: A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than twelve thousand and five hundred (12,500) pounds maximum gross weight and jet-powered aircraft. The width of this runway surface is set forth in section 45-3103.

(11)

Nonconforming use or object: Any preexisting structure or object of natural growth which is inconsistent with the provisions of, or any amendment to, this chapter.

(12)

Nonprecision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.

(13)

Obstruction: Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth in section 45-3103.

(14)

Permit: A document issued by the City of Newport News allowing a person to begin an activity which may result in any structure or vegetation exceeding the height limitations provided for in section 45-3107.

(15)

Person: Any individual, firm, partnership, corporation, company, association, joint stock association, or governmental entity. The term includes a trustee, a receiver, an assignee, or a similar representative of any of them.

(16)

Precision instrument runway: A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS or MLS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan.

(17)

Primary surface: A surface, with a specified width as provided in section 45-3103 of this chapter, longitudinally centered on a runway. When the runway has a specifically prepared hard surface, the primary surface extends two hundred (200) feet beyond each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway centerline. The width of the primary surface is set forth in section 45-3103.

(18)

Runway: A specified area on an airport prepared for landing and takeoff of aircraft along its length.

(19)

Structure: Any object, including a mobile object, constructed or installed by any person, including but not limited to buildings, cranes, smokestacks, earth formations, towers, poles, and overhead transmission lines.

(20)

Transitional surfaces: These surfaces extend outward at ninety-degree angles to the runway centerline and the runway centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet, measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway centerline.

(21)

Tree: Any object of natural growth.

(22)

Visual runway: A runway intended solely for the operation of aircraft using visual approach procedures.

(23)

Zone: All areas provided for in section 45-3103 of this article, generally described in three (3) dimensions by reference to ground elevation, vertical distances from the ground elevation, horizontal distances from the runway centerline and the primary and horizontal surfaces, with the zone floor set at specific vertical limits by the surfaces found in section 45-3104.

(Ord. No. 5028-97, § 1)

In order to carry out the provisions of this chapter, there are hereby created and established certain zones that include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces as they apply to the Newport News/Williamsburg International Airport. Such zones are shown on the City of Newport News Zoning Maps.

An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive height limitation. The various zones are hereby established and defined as follows:

(1)

Precision instrument runway approach zone:

a.

This zone applies to runway 7R-25L and proposed runway 7L-25R.

b.

The inner edge of this approach zone coincides with the width of the primary surface and is one thousand (1,000) feet wide. The approach zone expands outward uniformly to a width of sixteen thousand (16,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(2)

Runway larger than utility with a visibility minimum greater than three-quarters (¾) mile nonprecision instrument approach zone:

a.

This zone applies to runway 2-20.

b.

The inner edge of this approach zone coincides with the width of the primary surface and is five hundred (500) feet wide. The approach zone expands outward uniformly to a width of three thousand five hundred (3,500) feet at a horizontal distance of ten thousand (10,000) feet from the primary surface. Its centerline is the continuation of the centerline of the runway.

(3)

Transitional zones: The transitional zones are the areas beneath the transitional surfaces.

(4)

Horizontal zone: The horizontal zone is established by swinging an arc of ten thousand (10,000) feet from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones.

(5)

Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward there from a horizontal distance of four thousand (4,000) feet.

(Ord. No. 5028-97, § 1; Ord. No. 5986-03)

Except as otherwise provided in this chapter, no structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone created by this chapter, to a height in excess of the applicable height herein established for such zone. Such applicable height limitations are hereby established for each of the zones in question, as follows:

(1)

Precision instrument runway approach zone: Slopes fifty (50) feet outward for each one (1) foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended runway centerline.

(2)

Runway larger than utility with a visibility minimum greater than three-quarter (¾) mile nonprecision instrument approach zone: Slopes thirty-four (34) feet outward for each one (1) foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of ten thousand (10,000) feet along the extended runway centerline.

(3)

Transitional zones: Slopes seven (7) feet outward for each one (1) foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface, and extending to a height of one hundred fifty (150) feet mean sea level. In addition to the foregoing, there are established height limits sloping seven (7) feet outward for each one (1) foot upward beginning at the sides of and the same elevation as the approach surface, and extending to where they intersect the conical surface. Where the precision instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven (7) feet outward for each one (1) foot upward beginning at the sides of and the same elevation as the approach surface, and extending a horizontal distance of five thousand (5,000) feet measured at ninety-degree angles to the extended runway centerline.

(4)

Horizontal zone: Established at one hundred fifty (150) feet above the airport elevation which amounts to a maximum height of one hundred ninety-three (193) feet above mean sea level.

(5)

Conical zone: Slopes twenty (20) feet outward for each foot upward beginning at the periphery of the horizontal zone and at one hundred fifty (150) feet above the airport elevation and extending to a height of three hundred fifty (350) feet above the airport elevation which amounts to a maximum height of three hundred ninety-three (393) feet above mean sea level.

(Ord. No. 5028-97, § 1; Ord. No. 5986-03)

Notwithstanding any other provision of this chapter, and within the area below the horizontal limits of any zone established by this chapter, no use may be made of land or water in such manner as to:

(1)

Create electrical interference with navigational signals or radio communication between the airport and airborne aircraft;

(2)

Diminish the ability of pilots to distinguish between airport lights and other lights;

(3)

Result in glare in the eyes of pilots using the airport;

(4)

Impair visibility in the vicinity of the airport;

(5)

Create bird strike hazards; or

(6)

Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport.

(Ord. No. 5028-97, § 1)

(a)

Regulations not retroactive: Except as provided in section 45-3107(b) of this article, the regulations prescribed by this chapter shall not require the removal, lowering, or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained in this chapter shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter, and is diligently prosecuted.

(b)

Obstruction marking and lighting: Notwithstanding the provisions of section 45-3107(a) of this article, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation, and maintenance thereon of whatever markers and lights deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the Zoning Administrator to indicate to the operators of aircraft in the vicinity of the airport the presence of that airport obstruction. These markers and lights shall be installed, operated, and maintained at the expense of the airport owners, and not the owner of the nonconforming structure in question.

(Ord. No. 5028-97, § 1)

(a)

Future use: No structure shall be erected or otherwise established, and no tree shall be planted in the horizontal zone created by this chapter which will exceed one hundred and ninety-three (193) feet of vertical height above mean sea level unless a permit therefore shall have been applied for to include filing of FAA for 7460 available at the airport and provided that a variance has been approved as provided in subsection (d).

(b)

Existing uses: No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use or structure to become a greater hazard to air navigation than it was on the effective date of this chapter or any amendments thereto other than with relief as provided for in subsection (d).

(c)

Reconstruction: No permit shall be granted that would enable a nonconforming structure or object to be rebuilt, reconstructed, or otherwise refurbished so as to exceed the applicable horizontal zone height limit or otherwise deviate from the zoning regulations contained in this chapter except as provided for in Article XXIX, Nonconforming uses, section 45-2902, Reconstruction, of the Zoning Ordinance.

(d)

Variances: Any person desiring to erect or increase the height or size of any structure not in accordance with the regulations prescribed in this article may apply for a variance from such regulations to the board of zoning appeals as described in Article XXXII of the Zoning Ordinance. Such application shall be properly advertised and be reviewed and considered through a public hearing. Prior to being considered by the board of zoning appeals, the application for variance shall be accompanied by a determination from the Virginia Department of Aviation as to the facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice, and will be in accordance with the spirit of this article. Additionally, no application for a variance to the requirements of this article may be considered by the board of zoning appeals unless a copy of the application has been furnished to the airport owner for advice as to the aeronautical effects of the variance. If the airport owner does not respond to the application within fifteen (15) days after receipt, the board of zoning appeals may act on its own to grant or deny the application for a variance.

(e)

Obstruction marking and lighting: Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this article and be reasonable in the circumstances, be so conditioned as to require the owner of the structure in question to install, operate, and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the Federal Aviation Administration, the Virginia Department of Aviation or the zoning administrator. If deemed proper by the board of zoning appeals, this condition may be modified to require the owner to permit the airport owner, at his own expense, to install, operate, and maintain the necessary markings and lights.

(Ord. No. 5028-97, § 1)

In any case where the requirements of this chapter conflict with any other provision of the Code of the City of Newport News or existing state or federal regulations, whichever imposes the more stringent restrictions shall apply.

(Ord. No. 5028-97, § 1)

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500.00). Each day's continuance of such violation shall constitute a separate offense.

(Ord. No. 5028-97, § 1)

This division is adopted pursuant to authority granted by Virginia Code § 15.2-2280 and Virginia Code §10.1-600, et seq. The purpose of these provisions is to prevent the loss of life and property, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by:

(1)

Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, will cause unacceptable increases in flood heights, velocities, and frequencies.

(2)

Restricting or prohibiting certain uses, activities, and development from locating within district subject to flooding.

(3)

Requiring all those uses, activities, and developments that do occur in flood-prone districts to be protected and/or floodproofed against flooding and flood damage.

(4)

Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

(a)

Applicability: These provisions shall apply to all privately and publicly owned lands within the jurisdiction of Newport News and identified as areas of special flood hazard according to the flood insurance rate map that is provided to the City of Newport News by FEMA, as set forth in section 45-3114(a)(1) below.

(b)

Compliance and liability: No land shall hereafter be developed and no structure shall be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance with the terms and provisions of this chapter and other applicable ordinances and regulations which apply to uses within the jurisdiction of this chapter.

(1)

The degree of flood protection sought by the provisions of this chapter is considered reasonable for regulatory purposes and is based on acceptable engineering methods of study. Larger floods may occur on rare occasions. Flood heights may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that districts outside the floodplain district or that land uses permitted within such district will be free from flooding or flood damages.

(2)

This section shall not create liability on the part of the City of Newport News or any officer or employee thereof for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(c)

Records: Records of actions associated with administering this section shall be kept on file and maintained by the floodplain administrator.

(d)

Abrogation and greater restrictions: This division supersedes any ordinance currently in effect in flood-prone districts.

(e)

Severability: If any section, subsection, paragraph, sentence, clause, or phrase of this division shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this division. The remaining portions shall remain in full force and effect; and for this purpose, the provisions of this division are hereby declared to be severable.

(f)

Penalty for violations: Any person who fails to comply with any of the requirements or provisions of the division of this article shall be guilty of a misdemeanor and subject to the penalties therefore.

(1)

Chapter 13 Building Regulations of the Newport News City Code section 13-23 Adopted; general construction standards adopts the Virginia Uniform Statewide Building Code (VA USBC). Section 13-2 addresses the general penalty for violations of chapter 13. Violations and associated penalties of chapter 45, Zoning Ordinance, of Newport News City Code are addressed in article 35, Administration, Enforcement, Violation Penalty and Remedy. Any violations of chapter 13 and chapter 45 may be enforced according to said sections and may be brought in addition to the violations of division 2, article XXXI of chapter 45.

(2)

In addition to the above penalties, all other actions are hereby reserved, including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or noncompliance with, this article shall not excuse the violation or noncompliance or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliance within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in noncompliance with this article may be declared by the City of Newport News to be a public nuisance and abatable as such. Flood insurance may be withheld from structures constructed in violation of this article.

(Ord. No. 7123-14, § 1)

(a)

Administrator: the federal insurance administrator responsible for the administration of the National Flood Insurance Program (34 F.R. 2600-81, February 27, 1969).

(b)

Appurtenant or accessory structure: Accessory structures not to exceed 200 sq. ft.

(c)

Base flood/one-hundred-year flood: A flood having a one percent chance of occurring each year being equaled or exceeded in any given year.

(d)

Base flood elevation: The water surface elevation at which the Federal Emergency Management Agency (FEMA) designated one (1) percent annual chance water surface elevation. The water surface elevation of the base flood in relation to the datum specified on the community's Flood Insurance Rate Map. For the purposes of this division, the one-hundred-year flood or one (1) percent annual chance flood.

(e)

Basement: Any area of the building having its floor sub-grade (below ground level) on all sides.

(f)

Board of zoning appeals: The board appointed to review appeals, variances and special exceptions made by individuals with regard to decisions of the zoning administrator in the interpretation of this chapter of the City Code.

(g)

Channel: A natural or artificial watercourse with a definite bed and banks to confine and conduct continuously or periodically flowing water.

(h)

Coastal A Zone: Flood hazard areas that have been delineated as subject to wave heights between one and one-half (1.5) feet and three (3) feet.

(i)

Coastal high hazard area: Areas of waves greater than three (3) feet and seaward of the landward toe of the primary frontal dune.

(j)

Development: Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, storage of equipment and materials, mining, dredging, filling, grading, paving, excavation or drilling operations.

(k)

Elevated building: A non-basement building built to have the lowest floor elevated above the ground level by means of solid foundation perimeter walls, pilings, or columns (posts and piers).

(l)

Encroachment: The advance or infringement of uses, plant growth, introduction of fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain.

(m)

Existing construction: structures for which the "start of construction" commenced before the effective date of the FIRM or before May 2, 1977 for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures."

(n)

Flood or flooding:

(1)

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.

Mudflows which are proximately caused by flooding as defined in subsection b. above of this definition and are akin to a river of liquid and flowing on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2)

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused 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 a flash flood or by some similarly unusual and unforeseeable event which results in flooding as defined in subsection (1) above.

(o)

Flood boundary and floodway map (FBFM): An official map of a community issued by the administrator, where the boundaries of the flood, mudslide, and related erosion areas have been designated and the floodway, floodway fringe, approximated floodplain and coastal high hazard areas have been delineated.

(p)

Flood hazard district: A district established by the Zoning Ordinance for the City of Newport News and in which the restrictions and conditions of these regulations apply.

(q)

Flood insurance rate map (FIRM): An official map of a community on which FEMA has delineated both the special hazard areas and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

(r)

Flood Insurance Study (FIS): a report by FEMA that examines, evaluates and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudflow and/or flood-related erosion hazards.

(s)

Floodplain:

(1)

A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation;

(2)

An area subject to the unusual and rapid accumulation of runoff of surface water from any source.

(t)

Flood-prone area: Any land area susceptible to being inundated by water from any source.

(u)

Flood proofing: means any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to lands, water and sanitary facilities, structure and contents of buildings to include the provisions of the Virginia Uniform Statewide Building Code as amended.

(v)

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 one (1) foot.

(w)

Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization in the watershed. When a freeboard is included in the height of a structure, the flood insurance premiums may be less expensive.

(x)

Highest adjacent grade: the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

(y)

Historic structure: Any structure that is:

(1)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the secretary to qualify as a registered historic district; or

(3)

Individually listed on a state inventory of historic places which has been approved by the Secretary of the Interior.

(4)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either

a.

By an approved state program as determined by the Secretary of the Interior; or,

b.

Directly by the Secretary of the Interior in states without approved programs.

(z)

Hydrologic and hydraulic engineering analysis: Analyses performed by a licensed professional engineer, in accordance with standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and FEMA, used to determine the base flood, other frequency floods, flood elevations, floodway information and boundaries, and flood profiles.

(aa)

Intermediate regional flood: A flood which is caused by rainfall runoff and is not primarily affected by tidal action.

(bb)

Intermediate regional tidal flood: a flood which is caused by tidal action and is not primarily affected by rainfall runoff.

(cc)

Letters of map change (LOMC): A Letter of map change is an official FEMA determination, by letter, that amends or revises an effective flood insurance rate map or flood insurance study. Letters of map change include:

(dd)

Letter of map amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. ALOMA amends the current effective flood insurance rate map and establishes that a specific property or structure is not located in a special flood hazard area.

(ee)

Letter of map revision (LOMR): A revision based on technical data that may show changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. A Letter of map revision based on fill (LOMR-F) is a determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, no longer exposed to flooding associated with the base flood. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the community's floodplain management regulations.

(ff)

Conditional letter of map revision (CLOMR): A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum NFIP requirements for such projects with respect to delineation of special flood hazard areas. A CLOMR does not revise the effective flood insurance rate map or flood insurance study; upon submission and approval of certified as-built documentation, a letter of map revision.

(gg)

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 Federal Code 44CFR §60.3.

(hh)

Manufactured home: A structure subject to federal regulations which is transportable in one (1) or more sections, which is eight (8) body feet or more in width and forty (40) body feet or more in length in the traveling mode or is three hundred twenty (320) or more square feet when erected on-site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation when connected to the required facilities; and includes plumbing, heating, air conditioning, and electrical systems contained in the structure. 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, but does not include a recreational vehicle.

(ii)

Manufactured home park or subdivision: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

(jj)

New construction: For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after May 2, 1977, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

(kk)

Post-FIRM structures: A structure for which construction or substantial improvement occurred after May 2, 1977.

(ll)

Pre-FIRM structures: A structure for which construction or substantial improvement occurred on or before May 2, 1977.

(mm)

Recreational vehicle: A vehicle which is:

(1)

Built on a single chassis;

(2)

Four hundred (400) square feet or less when measured at the largest horizontal projection;

(3)

Designed to be self-propelled or permanently towable by a light duty truck; and

(4)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.

(nn)

Repetitive loss structure: A building covered by a contract for flood insurance that has incurred flood-related damages on two (2) occasions during a ten-year period ending on the date of the event for which a second claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded twenty-five (25) percent of the market value of the building at the time of each flood event.

(oo)

Shallow flooding area: A special flood hazard area with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

(pp)

Special flood hazard area: The land in the floodplain subject to a one (1) percent or greater chance of being flooded in any given year as determined in the Flood Insurance Study (FIS) and the Flood Insurance Rate Maps (FIRM) for the City of Newport News prepared by the Federal Emergency Management Agency, Federal Insurance Administration.

(qq)

Start of construction: For other than new construction and substantial improvement under the Coastal Barriers resource Act (P.L. - 97-348) 16 U.S.C. § 3501, et seq., mean the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement 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 slab or 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 of the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds nor occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration on any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.

(rr)

Structure: for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.

(ss)

Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

(tt)

Substantial improvement: Any reconstruction rehabilitation, addition, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either:

(1)

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

(2)

Any alteration of a "historic structure", provided that the alteration will not preclude the structures continued designation as a "historic structure".

(3)

Historic structures undergoing repair or rehabilitation that would constitute a substantial improvement as defined above, must comply with all ordinance requirements that do not preclude the structure's continued designation as a historic structure. Documentation that a specific ordinance requirement will cause removal of the structure from the National Register of Historic Places or the State Inventory of Historic places must be obtained from the Secretary of the Interior or the State Historic Preservation Officer. Any exemption from ordinance requirements will be the minimum necessary to preserve the historic character and design of the structure.

(uu)

Trailer park (mobile home park): An area designed, constructed, equipped, operated and maintained for the purpose of providing spaces for trailers or mobile homes intended to be used as temporary or permanent living facilities.

(vv)

Violation: the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence required to demonstrate compliance with the City of Newport News floodplain management regulations is presumed to be in violation until such time as that documentation is provided.

(ww)

Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

(a)

Designation of the floodplain administrator. City manager, is hereby appointed to administer and implement these regulations and is referred to herein as the floodplain administrator, unless the city manager, in writing, appoints a floodplain administrator. The floodplain administrator may:

(1)

Delegate duties and responsibilities set forth in these regulations to qualified technical personnel, plan examiners, inspectors, and other employees.

(2)

Enter into a written agreement or written contract with another community or private sector entity to administer specific provisions of these regulations. Administration of any part of these regulations by another entity shall not relieve the community of its responsibilities pursuant to the participation requirements of the National Flood Insurance Program as set forth in the Code of Federal Regulations at 44 C.F.R. Section 59.22.

(b)

Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include but are not limited to:

(1)

Review applications for permits to determine whether proposed activities will be located in flood hazard areas.

(2)

Interpret floodplain boundaries and provide available base flood elevation and flood hazard information.

(3)

Review applications to determine whether proposed activities will be reasonably safe from flooding and require new construction and substantial improvements to meet the requirements of these regulations.

(4)

Review applications to determine whether all necessary permits have been obtained from the Federal, State or local agencies from which prior or concurrent approval is required; in particular, permits from state agencies for any construction, reconstruction, repair, or alteration of a dam, reservoir, or waterway obstruction (including bridges, culverts, structures), any alteration of a watercourse, or any change of the course, current, or cross section of a stream or body of water, including any change to the one-hundred-year frequency floodplain of free flowing nontidal waters of the state.

(5)

Verify that applicants proposing an alteration of a watercourse have notified adjacent communities, the Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management), and other appropriate agencies (VADEQ, USACE) and have submitted copies of such notifications to FEMA.

(6)

Approve applications and issue permits to develop in flood hazard areas if the provisions of these regulations have been met, or disapprove applications if the provisions of these regulations have not been met.

(7)

Inspect or cause to be inspected, buildings, structures, and other development for which permits have been issued to determine compliance with these regulations or to determine if non-compliance has occurred or violations have been committed.

(8)

Review elevation certificates and require incomplete or deficient certificates to be corrected.

(9)

Submit to FEMA, or require applicants to submit to FEMA, data and information necessary to maintain FIRMs, including hydrologic and hydraulic engineering analyses prepared by or for the City of Newport News, within six (6) months after such data and information becomes available if the analyses indicate changes in base flood elevations.

(10)

Maintain and permanently keep records that are necessary for the administration of these regulations, including:

a.

Flood insurance studies, Flood insurance rate maps (including historic studies and maps and current effective studies and maps) and letters of map change; and

b.

Documentation supporting issuance and denial of permits, elevation certificates, documentation of the elevation (in relation to the datum on the FIRM) to which structures have been flood proofed, other required design certifications, variances, and records of enforcement actions taken to correct violations of these regulations.

(11)

Enforce the provisions of these regulations, investigate violations, issue notices of violations or stop work orders, and require permit holders to take corrective action.

(12)

Advise the board of zoning appeals regarding the intent of these regulations and, for each application for a variance, prepare a staff report and recommendation.

(13)

Administer the requirements related to proposed work on existing buildings:

a.

Make determinations as to whether buildings and structures that are located in flood hazard areas and that are damaged by any cause have been substantially damaged.

b.

Make reasonable efforts to notify owners of substantially damaged structures of the need to obtain a permit to repair, rehabilitate, or reconstruct, and prohibit the non-compliant repair of substantially damaged buildings except for temporary emergency protective measures necessary to secure a property or stabilize a building or structure to prevent additional damage.

(14)

Undertake, as determined appropriate by the floodplain administrator, due to the circumstances, other actions which may include but are not limited to: issuing press releases, public service announcements, and other public information materials related to permit requests and repair of damaged structures; coordinating with other federal, state, and local agencies to assist with substantial damage determinations; providing owners of damaged structures information related to the proper repair of damaged structures in special flood hazard areas; and assisting property owners with documentation necessary to file claims for increased cost of compliance coverage under NFIP flood insurance policies.

(15)

Notify the Federal Emergency Management Agency when the corporate boundaries of the City of Newport News have been modified and:

a.

Provide a map that clearly delineates the new corporate boundaries or the new area for which the authority to regulate pursuant to these regulations has either been assumed or relinquished through annexation; and

b.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in this division prepare amendments to this division to adopt the FIRM and appropriate requirements, and submit the amendments to City Council for adoption; such adoption shall take place at the same time or prior to the date of annexation and a copy of the amended division shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

(16)

Upon the request of FEMA, complete and submit a report concerning participation in the NFIP which may request information regarding the number of buildings in the SFHA, number of permits issued for development in the SFHA, and number of variances issued for development in the SFHA.

(17)

It is the duty of the floodplain administrator to take into account flood, mudslide and flood-related erosion hazards, to the extent that they are known, in all official actions relating to land management and use throughout the City of Newport News, whether or not those hazards have been specifically delineated geographically (e.g. via mapping or surveying).

(c)

Use and interpretation of FIRMs. The floodplain administrator shall make interpretations, where needed, as to the exact location of special flood hazard areas, floodplain boundaries, and floodway boundaries. The following shall apply to the use and interpretation of FIRMs and data:

(1)

Where field surveyed topography indicates that ground elevations:

a.

Are below the base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as special flood hazard area and subject to the requirements of this division;

b.

Are above the base flood elevation, the area shall be regarded as special flood hazard area unless the applicant obtains a letter of map change that removes the area from the special flood hazard area.

(2)

In FEMA-identified special flood hazard areas where base flood elevation and floodway data have not been identified and in areas where FEMA has not identified special flood hazard areas, any other flood hazard data available from a federal, state, or other source shall be reviewed and reasonably used.

(3)

Base flood elevations and designated floodway boundaries on FIRMs and in FISs shall take precedence over base flood elevations and floodway boundaries by any other sources if such sources show reduced floodway widths and/or lower base flood elevations.

(4)

Other sources of data shall be reasonably used if such sources show increased base flood elevations and/or larger floodway areas than are shown on FIRMs and in FISs.

(5)

If a preliminary flood insurance rate map and/or a preliminary flood insurance study has been provided by FEMA:

a.

Upon the issuance of a letter of final determination by FEMA, the preliminary flood hazard data shall be used and shall replace the flood hazard data previously provided from FEMA for the purposes of administering these regulations.

b.

Prior to the issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data shall be deemed the best available data pursuant to section 1.5(C) and used where no base flood elevations and/or floodway areas are provided on the effective FIRM.

c.

Prior to issuance of a letter of final determination by FEMA, the use of preliminary flood hazard data is permitted where the preliminary base flood elevations or floodway areas exceed the base flood elevations and/or designated floodway widths in existing flood hazard data provided by FEMA. Such preliminary data may be subject to change and/or appeal to FEMA.

(d)

Jurisdictional boundary changes. All plats or maps of annexation shall show the floodplain boundaries, base flood elevation, and location of the floodway where determined.

If the FIRM for any annexed area includes special flood hazard areas that have flood zones that have regulatory requirements that are not set forth in this division, the floodplain administrator, with the assistance of the city attorney, will prepare amendments to this division to adopt the FIRM and appropriate requirements, and submit the amendments to the City Council for adoption; such adoption shall take place at the same time as or prior to the date of annexation and a copy of the amended division shall be provided to Department of Conservation and Recreation (Division of Dam Safety and Floodplain Management) and FEMA.

In accordance with the Code of Federal Regulations, Title 44 Subpart (B) Section 59.22(a)(9)(v), the city must notify the Federal Insurance Administration and optionally the state coordinating office in writing whenever the boundaries of the city have been modified by annexation or the city has otherwise assumed or no longer has authority to adopt and enforce floodplain management regulations for a particular area.

In order that all flood insurance rate maps accurately represent the city's boundaries, a copy of a map of Newport News suitable for reproduction, clearly delineating the new corporate limits or new area for which the city has assumed or relinquished floodplain management regulatory authority must be included with the notification.

(e)

District boundary changes. The delineation of any of the floodplain districts may be revised by the City of Newport News where natural or man-made changes have occurred and/or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, However, prior to any such change, approval must be obtained from the Federal Emergency Management Agency.

(f)

Interpretation of district boundaries. Initial interpretations of the boundaries of the floodplain districts shall be made by the zoning officer. Should a dispute arise concerning the boundaries of any of the districts, the board of zoning appeals shall make the necessary determination. The person questioning or contesting the location of the district boundary shall be given a reasonable opportunity to present his case to the board and to submit his own technical evidence if he so desires.

(g)

Submitting technical data. The city's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, the city shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.

(h)

Letters of map revision. When development in the floodplain causes a change in the base flood elevation, the applicant must notify FEMA by applying for a conditional letter of map revision or a letter of map revision.

Examples:

•Any development that causes a rise in the base flood elevations within the floodway.

•Any development occurring in Zones A1-30 and AE without a designated floodway, which will cause a rise of more than one (1) foot in the base flood elevation.

•Alteration or relocation of a stream (including but not limited to installing culverts and bridges, as required by 44 C.F.R. § 65.3 and §65.6(a)(12).

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

(a)

An overlay district to be known as the FH-flood hazard district is hereby established. Upon identification by the floodplain administrator, areas having special flood hazards but where water surface elevation data for the one-hundred-year flood and data sufficient to identify the floodway have not been delineated, the definitions of section 45-3112 are in effect.

(1)

Basis of district. The various floodplain districts shall include the special flood hazard areas (SFHAs). The basis for the delineation of these districts shall be the flood insurance study (FIS) and the flood insurance rate maps (FIRM) for the City of Newport News prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated December 9, 2014 and any subsequent revisions or amendments thereto.

The City of Newport News may identify and regulate local flood hazard or ponding areas that are not delineated on the FIRM. These areas may be delineated on a "Local Flood Hazard Map" using best available topographic data and locally derived information such as flood of record, historic high water marks or approximate study methodologies.

The boundaries of the SFHA districts and floodplain districts are established as shown on the FIRM, which is declared to be a part of this division and which shall be kept on file at the City of Newport News Department of Engineering.

a.

The floodway district is in an AE Zone and is delineated, for purposes of this regulation, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the one (1) percent annual chance flood without increasing the water surface elevation of that flood more than one (1) foot at any point. The areas included in this district are specifically identified in the above-referenced FIS and shown on the accompanying FIRM. The following provisions shall apply within the floodway district of an AE zone (see, 44 CFR 60.3(d)):

1.

Within any floodway area, no encroachment, including fill, new construction, substantial improvements, or other development shall be permitted unless it has been demonstrated through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Hydrologic and hydraulic analyses shall be undertaken only by professional engineers or others of demonstrated qualifications, who shall certify that the technical methods used correctly reflect currently-accepted technical concepts. Studies, analyses, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

Development activities which increase the water surface elevation of the base flood may be allowed, provided that the applicant first applies, with the city on Newport News' endorsement, for a conditional letter of map revision (CLOMR), and receives the approval of the Federal Emergency Management Agency.

If the requirements of this section are satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of article 4.

2.

The placement of manufactured homes (mobile homes) is prohibited, except in an existing manufactured home (mobile home) park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring, elevation and encroachment standards are met.

(b)

The AE zone on the FIRM accompanying the FIS shall be those areas for which one (1) percent annual chance flood elevations have been provided and the floodway has not been delineated, The following provisions shall apply within an AE zone:

(1)

Until a regulatory floodway is designated, no new construction, substantial improvements, or other development (including fill) shall be permitted within the areas of special flood hazard, designated as Zones A1-30 and AE on the FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one (1) foot at any point within the City of Newport News. This requirement, pursuant to 44 CFR 63.3(c)(10), only applies along rivers, streams, and other watercourses where FEMA has provided base flood elevations. The requirement does not apply along lakes, bays and estuaries, and the ocean coast.

(2)

Development activities in Zones A1-A30 and AE, on the City of Newport News FIRM which increase the water surface elevation of the base flood by more than one (1) foot may be allowed, provided that the applicant first applies, with the City of Newport News' endorsement, for a conditional letter of map revision, receives the approval of the Federal Emergency Management Agency.

(c)

The A zone on the FIRM accompanying the FIS shall be those areas for which no detailed flood profiles or elevations are provided, but the one (1) percent annual chance floodplain boundary has been approximated. For these areas, the following provisions shall apply, pursuant to 44 CFR 60.3(b):

(1)

The approximated floodplain district 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 as Zone A on the maps accompanying the FIS. For these areas, the base flood elevations and floodway information from federal, state, local and other acceptable sources shall be used, when available. Where the specific one (1) percent annual chance flood elevation cannot be determined for this area using other sources of data, such as the U.S. Army Corps of Engineers floodplain information reports, U.S. Geological Survey flood-prone quadrangles, etc., then the applicant for the proposed use, development and/or activity shall determine this base flood elevation. For development proposed in the approximate floodplain the applicant must use technical methods that correctly reflect currently accepted non-detailed technical concepts, such as point on boundary, high water marks, or detailed methodologies hydrologic and hydraulic analyses. Studies, analysis, computations, etc., shall be submitted in sufficient detail to allow a thorough review by the floodplain administrator.

(2)

The floodplain administrator reserves the right to require a hydrologic and hydraulic analysis for any development. When such base flood elevation data is utilized, the lowest floor shall be elevated to two (2) feet above the base flood level. During the permitting process, the floodplain administrator shall obtain:

a.

The elevation of the lowest floor (including the basement) of all new and substantially improved structures; and

b.

If the structure has been floodproofed in accordance with the requirements of this article, the elevation (in relation to mean sea level) to which the structure has been floodproofed.

(3)

Base flood elevation data shall be obtained from other sources or develop using detailed methodologies comparable to those contained in a FIS for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.

(d)

The AO zone on the FIRM accompanying the FIS shall of those areas of shallow flooding identified as AO on the FIRM. For those areas the following provisions shall apply:

(1)

All new construction and substantial improvements of residential structures shall have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated no less than two (2) feet above the highest adjacent grade.

(2)

All new construction and substantial improvements of non-residential structures shall:

a.

Have the lowest floor, including basement, elevated to or above the flood depth specified on the FIRM, above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least two (2) feet above the highest adjacent grade; or

b.

Together with attendant utility and sanitary facilities be completely floodproofed to the specified flood level so that any space below that level is watertight with wall substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyance.

(3)

Adequate drainage paths around structures on slopes shall be provided to guide flood waters around and away from proposed structures.

(e)

The Coastal A Zone District shall be those areas designated as Limits of Moderate Wave Action (LiMWA) line and the VE Zone on the FIRM, and subject to wave heights between one and one-half (1.5) feet and three (3) feet. Buildings and structures in the these areas shall have the lowest floor elevated to or above the base flood elevation plus two (2) feet of freeboard, and must comply with applicable provisions of sections 45-3114 and 45-3115 of this division.

(f)

The VE or V Zones on FIRMs accompanying the FIS shall be those areas that are known as Coastal High Hazard areas, extending from offshore to the inland limit of a primary frontal dune along an open coast. For these areas, the following provisions shall apply:

(1)

All new construction and substantial improvements in Zones V and VE (V if base flood elevation is available) shall be elevated on pilings or columns so that:

a.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated two (2) feet above the base flood level if the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least two (2) feet above the base flood level of the lowest horizontal structural member is perpendicular to the direction of wave approach; and.

b.

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one (1) percent chance of being equaled or exceeded in any given year (one (1) percent chance).

(2)

A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of these regulations.

(3)

The floodplain administrator shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V and VE. The floodplain administrator shall maintain a record of all such information.

(4)

All new construction shall be located landward of the reach of mean high tide.

(5)

All new construction and substantial improvements shall have 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 purpose of this section, 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 codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

a.

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

b.

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 acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one (1) percent chance of being equaled or exceeded in any given year.

(6)

The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access, or storage. Such space shall not be portioned into multiple rooms, temperature-controlled, or used for human habitation.

(7)

The use of fill for structural support of buildings is prohibited. When non-structural fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a development permit.

(8)

The man-made alteration of sand dunes, which would increase potential flood damage, is prohibited.

(g)

Overlay concept. The floodplain districts described above shall be overlays to the existing underlying districts as shown on the official zoning ordinance map, and as such, the provisions for the floodplain districts shall serve as a supplement to the underlying district provisions.

If there is any conflict between the provisions or requirements of the floodplain districts and those of any underlying district, the more restrictive provisions and/or those pertaining to the floodplain districts shall apply.

In the event any provision concerning a floodplain district is declared inapplicable as a result of any legislative or administrative actions or judicial decision, the basic underlying provisions shall remain applicable.

(Ord. No. 5028-97, § 1; Ord. No. 6577-09; Ord. No. 7123-14, § 1)

(a)

Permit and application requirements.

(1)

Permit requirement. All uses, activities, and development occurring within any floodplain district, including placement of manufactured homes, shall be undertaken only upon the issuance of a zoning permit. Such development shall be undertaken only in strict compliance with the provisions of this division and with other applicable codes and ordinances, as amended, such as the Virginia Uniform Statewide Building Code (VA USBC) and the City of Newport News Subdivision Regulations. Prior to the issuance of any such permit, the floodplain administrator shall require all applications to include compliance with all applicable state and federal laws and shall review all sites to assure they are reasonably safe from flooding. 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.

(2)

Site plans and permit applications. All applications for development within any floodplain district and all building permits issued for the floodplain shall incorporate the following information:

a.

The elevation of the base flood at the site.

b.

The elevation of the lowest floor (including basement) or, in V zones, the lowest horizontal structural member.

c.

For structures to be floodproofed (non-residential only), the elevation to which the structure will be floodproofed.

d.

Topographic information showing existing and proposed ground elevations.

(b)

General standards. The following provisions shall apply to all permits:

(1)

New construction and substantial improvements shall be according to the this division and the Virginia Uniform Statewide Building Code (VA USBC), and anchored to prevent flotation, collapse or lateral movement of the structure.

(2)

Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable state anchoring requirements for resisting wind forces.

(3)

New construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

(4)

New construction or substantial improvements shall be constructed by methods and practices that minimize flood damage.

(5)

Electrical, heating, ventilation, plumbing, air conditioning equipment and other service facilities, including duct work, shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

(6)

New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(7)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(8)

On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

(9)

In addition to provisions (1)—(8) above, in all special flood hazard areas, the additional provisions shall apply (i) prior to any proposed alteration or relocation of any channels or of any watercourse, stream, etc., within this jurisdiction a permit shall be obtained from the U.S. Corps of Engineers, the Virginia Department of Environmental Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of these organizations.) Furthermore, in riverine areas, notification of the proposal shall be given by the applicant to all affected adjacent jurisdictions, the department of conservation and recreation (division of dam safety and floodplain management), other required agencies, and the Federal Emergency Management Agency and (ii) the flood-carrying capacity within an altered or relocated portion of any watercourse shall be maintained.

(c)

Elevation and construction standards. In all identified flood hazard areas where base flood elevations have been provided in the FIS or generated by a certified professional the following provisions shall apply:

(1)

Residential construction. New construction or substantial improvement of any residential structure (including manufactured homes) in zones AE, AO, and A with detailed base flood elevations shall at a minimum have the lowest floor, including basement, elevated to two (2) feet above the base flood level.

(2)

Non-residential construction. New construction or substantial improvement of any commercial, industrial, or non-residential building (or manufactured home) shall at a minimum have the lowest floor, including basement, elevated to two (2) feet above the base flood level. Buildings located in all AE zones may be floodproofed in lieu of being elevated provided that all areas of the building components below the elevation corresponding to the BFE plus two (2) feet are watertight with walls substantially impermeable to the passage of water, and use structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification, including the specific elevation (in relation to mean sea level) to which such structures are floodproofed, shall be maintained by the floodplain administrator.

(3)

Space below the lowest floor. In zones A, AO, and AE, fully enclosed areas, of new construction or substantially improved structures, which are below the regulatory flood protection elevation shall:

a.

Not be designed or used for human habitation, but shall only be used for parking, building access and storage in connection with the premises. Access to the enclosed area shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to the living area (stairway or elevator).

b.

Be constructed entirely of flood resistant materials below the regulatory flood protection elevation.

c.

Include measures to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect or meet the following minimum design criteria:

1.

Provide a minimum of two (2) openings on different sides of each enclosed area subject to flooding.

2.

The total net area of all openings must be at least one (1) square inch for each square foot of enclosed area subject to flooding.

3.

If a building has more than one (1) enclosed area, each area must have openings to allow floodwaters to automatically enter and exit.

4.

The bottom of all required openings shall be no higher than one (1) foot above the adjacent grade.

5.

Openings may be equipped with screens, louvers, or other opening coverings or devices, provided they permit the automatic flow of floodwaters in both directions.

6.

Foundation enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires openings as outlined above.

(d)

Standards for manufactured homes and recreational vehicles.

(1)

All manufactured homes placed, or substantially improved, on individual lots or parcels, must meet all the requirements for new construction, including the elevation and anchoring requirements in section 45-3115(b) and (c).

(2)

All recreational vehicles placed on sites must either:

a.

Be on the site for fewer than one hundred eighty (180) consecutive days, be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions); or

b.

Meet all the requirements for manufactured homes in section 45-3115(d)(1).

(e)

Standards for subdivision proposals.

(1)

All subdivision proposals shall be consistent with the need to minimize flood damage;

(2)

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage;

(3)

All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards; and

(4)

Base flood elevation data shall be obtained from other sources or developed using detailed methodologies, hydraulic and hydrologic analysis, comparable to those contained in a flood insurance study for subdivision proposals and other proposed development proposals (including manufactured home parks and subdivisions) that exceed fifty (50) lots or five (5) acres, whichever is the lesser.

(f)

[Obtaining permits prior to work.] Within any flood hazard district, the property owner or corporation having fee simple title or rights of construction to a property, shall obtain a permit for all proposed development prior to the initiation of work.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1; Ord. No. 7593-19)

(a)

The city shall maintain for public inspection and furnish upon request, with respect to each area having special flood hazards, information on elevations (in relation to mean sea level) of the lowest floors, including basements, of all new or substantially improved structures and, where there is a basement, the distance between the first floor and the bottom of the lowest opening where water flowing on the ground will enter. For structures which have been floodproofed (nonresidential only), the elevation to which the structure has been flood proofed shall be maintained. For all structures within the coastal high hazard area, the elevation of the bottom of the lowest structural member of the lowest floor excluding pilings or columns shall also be recorded and maintained. All such information shall be filed in the department of codes compliance and planning.

(b)

In approving new construction and improvements, the city assumes no obligation to act on behalf of the property owner in obtaining approval for flood insurance under the terms of the Flood Insurance Act of 1968, as amended (42 U.S.C. 4001-4127). Nor does the city assume responsibility for errors or omissions in submitted material which may affect the flood insurance rates for an individual's property.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1; Ord. No. 7913-23)

A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not in conformity with these provisions, may be continued subject to the following conditions:

(1)

Existing structures in the floodway area shall not be expanded or enlarged unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed expansion would not result in any increase in the base flood elevation.

(2)

Any modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use located in any floodplain areas to an extent or amount of less than fifty (50) percent of its market value shall conform to this division and the VA USBC.

(3)

The modification, alteration, repair, reconstruction, or improvement of any kind to a structure and/or use, regardless of its location in a floodplain area to an extent or amount of fifty (50) percent or more of its market value shall be undertaken only in full compliance with this division and shall require the entire structure to conform to the Virginia USBC.

(Ord. No. 5028-97, § 1; Ord. No. 5644-01; Ord. No. 7123-14, § 1)

Any use normally permitted in the regular zoning district shall be permitted in a flood hazard district with the following restrictions:

(1)

No construction on or improvement of land within a flood hazard district except for nonstructural agricultural and outdoor recreational purposes and certain water related structures as provided in subsection (g) below may be initiated until a permit shall have been obtained as provided in section 45-3115(g).

(2)

No construction or improvement within the flood hazard district shall obstruct any channel whether or not such channel lies within a designated floodway.

(3)

All new construction or substantial improvement of residential structures shall have the lowest floor level (including basements) elevated a minimum of two (2) feet above the level of the one-hundred-year flood and adequately anchored to prevent flotation, collapse or lateral movement of the structure. The elevation of the lowest floor level shall be certified by a licensed land surveyor or professional engineer, and filed in the department of codes compliance and department of planning.

a.

Manufactured homes, whether residential or nonresidential, to be located within the floodplain or the flood hazard district of the City of Newport News shall be placed in accordance with the building code adopted in chapter 13 of the City Code.

b.

An evacuation plan indicating alternate vehicular access and escape routes shall be filed by the owner with the civil defense director for manufactured home subdivisions located within the floodplain or flood hazard district.

(4)

All new construction and substantial improvements of nonresidential structures shall have the lowest floor (including basement) elevated a minimum of two (2) feet above the base flood level or together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. New construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement.

(5)

When flood proofing is not utilized, the elevation of the lowest floor level shall be certified by a licensed land surveyor or professional engineer and filed in the department of codes and compliance and planning.

(6)

Sites for the storage or processing of bases, chemicals or other materials that are buoyant, flammable or explosive shall be elevated to a level no less than three (3) feet above the level of the one-hundred-year flood and securely anchored; provided, however that buried fuel tanks, when adequately anchored to prevent flotation when empty and sealed to prevent entry of flood water or discharge of fuel therefrom, may be at the elevation of the one-hundred-year flood.

(7)

The following activities may occur below the level of the one-hundred-year flood:

a.

Nonstructural agricultural activities providing that any storage or stockpiling of manure shall be elevated to a level no less than three (3) feet above the level of the one-hundred-year flood.

b.

Outdoor recreational uses including park areas, golf courses, tennis courts, basketball courts, and swimming pools.

c.

Water related structures such as docks, piers and wharves.

d.

Access roads and parking areas for the above.

(8)

Adequate drainage shall be provided to reduce exposure to flood hazards.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1; Ord. No. 7913-23)

(a)

In riverine situations, all adjacent communities and the state coordinating office shall be notified prior to any relocation or alteration of a watercourse; copies of such notifications shall be submitted to the federal insurance administrator.

(b)

The city manager, or designee, shall assure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

The following special restrictions shall apply to construction or improvements to land within the floodway:

(1)

Existing nonconforming uses within the floodway may not be expanded; however, they may be repaired, altered or modified to incorporate flood proofing measures provided such measures do not raise the level of the one-hundred-year flood.

(2)

No use, change, fill or other encroachment within the designated floodway can be initiated or accomplished without obtaining a permit as provided in section 45-3115. There shall be no exceptions to this permit requirement in the floodway.

(3)

In no case shall a permit be issued for work which would impair the ability of the floodway to pass the one-hundred-year flood except where the effect upon elevations is fully offset by floodway improvements.

Such proposals shall be submitted to the city manager, or designee, along with plans, data and computations necessary to fully evaluate the effect of the proposal.

(4)

No manufactured home may be placed within a floodway except in an existing manufactured home subdivision.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

The following special restrictions apply to land within the coastal high hazard area:

(1)

Existing structures located on land below the elevation of the one-hundred-year flood in the CHHA shall not be expanded.

(2)

All new construction and substantial improvements in Zones V and VE (V if base flood elevation is available) shall be elevated on pilings or columns so that:

a.

The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to two (2) feet above the base flood level if the lowest horizontal structural member is parallel to the direction of wave approach or elevated at least two (2) feet above the base flood level if the lowest horizontal structural member is perpendicular to the direction of wave approach; and,

b.

The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one (1) percent chance of being equaled or exceeded in any given year (one (1) percent annual chance).

(3)

A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice.

(4)

The floodplain administrator shall obtain the elevation (in relation to mean sea level) of the bottom of the lowest horizontal structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V and VE. The floodplain administrator shall maintain a record of all such information.

(5)

No land below the level of the one-hundred-year flood in a CHHA may be developed unless the structure or substantial improvements:

a.

Is located landward of the reach of the mean high tide.

b.

Is constructed in accordance with the building code adopted in chapter 13 of the City Code.

(6)

All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting 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 purpose of this section, 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 codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

a.

Breakaway wall collapse shall result from water load less than that which would occur during the base flood; and

b.

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 acting simultaneously on all building components (structural and nonstructural). Maximum wind and water loading values to be used in this determination shall each have a one (1) percent chance of being equaled or exceeded in any given year.

(7)

The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access, or storage. Such space shall not be partitioned into multiple rooms, temperature-controlled, or used for human habitation.

(8)

The use of fill for structural support of buildings is prohibited. When fill is proposed in a coastal high hazard area, appropriate engineering analyses shall be conducted to evaluate the impacts of the fill prior to issuance of a development permit.

(9)

No manufactured home shall be placed within the CHHA except in existing manufactured home subdivisions.

(10)

No manmade alteration of sand dunes or mangrove stands within the CHHA will be permitted which will increase potential flood damage.

(Ord. No. 5028-97, § 1; Ord. No. 5644-01; Ord. No. 7123-14, § 1)

All new or replacement water and/or sanitary sewage systems and all other new or replacement utilities or facilities shall be designed to minimize or eliminate infiltration of flood waters into the systems. On-site sanitary waste systems, including septic tank systems, shall be a minimum of two (2) feet above the level of the one-hundred-year flood.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

(a)

Special exception uses permitted in the regular zoning district may be authorized in the flood hazard district; provided that applicable restrictions of this article are observed, and provided that the plans as required for the issuance of a building permit shall be submitted to the city manager or designee for review and recommendation prior to public hearing by the board of zoning appeals.

(b)

Any application for special exception requested in the flood hazard district along with the required plans shall be referred to the zoning administrator and the director of engineering not less than thirty (30) days prior to the date of public hearing.

(Ord. No. 5028-97, § 1; Ord. No. 5644-01; Ord. No. 7123-14, § 1)

(a)

For the purposes of this article the term "land development" shall include any subdivision of land as defined in the Subdivision Ordinance of Newport News, Virginia, as amended and any planned residential development, mobile home park, condominium, townhouse or apartment project, commercial or industrial project, and any community facility, whether publicly or privately owned, including but not limited to churches, schools, colleges, fire stations and libraries.

(b)

In addition to the general and special restrictions of this article, the following special requirements pertain to a land development, whether new construction or improvement, when such development is in part or in whole within a flood hazard district:

(1)

All drawings and plans including record plats shall show thereon boundaries and locations of designated floodplains having special flood hazards, floodway, coastal high hazard areas and elevations of the one-hundred-year flood.

(2)

Each parcel or lot established for purposes of sale and/or construction thereon within the land development must be capable of permitting new construction meeting the requirements of the provisions of this chapter.

(3)

Utility systems such as water, sewer, gas and electrical systems shall be located and constructed to minimize or eliminate flood damage and infiltration of flood waters into the systems and discharges from such systems into flood waters. Sanitary sewer facilities shall be elevated two (2) feet above the level of the one-hundred-year flood so as to eliminate entrance of flood water into the system. Manhole tops shall either be elevated to a minimum of two (2) feet above the level of the one-hundred-year flood, or have installed water-tight frames and covers, or utilize manhole inserts to eliminate the entrance of flood water into the system.

(4)

It shall be the responsibility of the developer to provide such plans, data and computations, certified by a registered professional engineer, to demonstrate compliance with this section to the satisfaction of the city manager or designee.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

The city manager, or his designated representative, is hereby designated as the official responsible to submit an annual report to the administrator on the progress made during the past year in the development and implementation of floodplain and/or mudslide area management measures.

(Ord. No. 5028-97, § 1; Ord. No. 7123-14, § 1)

No variances to the provisions of division 2, Floodplain Development Regulations, shall be considered by the board of zoning appeals.

(Ord. No. 7123-14, § 1)

Editor's note— Ord. No. 7123-14, § 1, enacted provisions intended for use as § 45-3126. Inasmuch as there were already provisions so designated, said section has been included herein as § 45-3125.5 at the discretion of the editor.

The purpose of this article is to create a Neighborhood Conservation District within the City of Newport News, and to prescribe standards for the construction and reconstruction of dwelling uses within such area. Regulations for the Neighborhood Conservation District set forth in this article supplement and modify district regulations set forth in other articles.

(Ord. No. 5028-97, § 1)

(a)

Neighborhood Conservation District established: For the purposes enumerated in Article I of the Zoning Ordinance of the City of Newport News, and in section 45-3119 of this article, the following special district has been established and known as the NC-Neighborhood Conservation District.

(b)

Area boundaries established: The district boundaries of the NC-Neighborhood Conservation District are established on the Zoning District Map, as amended.

(Ord. No. 5028-97, § 1)

(a)

Applicability of regulations generally. The special modifications of use and dimensional regulations set forth in this article and table 31-1 shall apply to residential uses only and in such cases shall be limited to those uses which are permitted in the general zoning district in which the use is located. The regulations cover lots of record in the specific cases enumerated.

(b)

Modifications of residential use regulations.

(1)

Single-family detached dwellings, including dwellings with zero lot lines, may be constructed or reconstructed on a lot of record having a width of not less than twenty-five (25) feet provided neither of the abutting lots on each side of such lot are held in the same ownership at the time of passage of this article provided:

a.

The open lot area on each lot is not less than two-thirds (⅔) of the total lot area.

b.

The development complies with the provisions of section 45-507.

(2)

Two-family attached dwellings may be constructed on two (2) contiguous twenty-five (25) foot lots fronting on the same street provided:

a.

The dwelling units are attached vertically and constructed simultaneously as an integral unit.

b.

The combined width of all required side yards for each lot be provided on the detached side of each unit.

c.

The common vertical wall of the two (2) dwellings is constructed on the common property line.

d.

The open lot area on each lot is not less than two-thirds (⅔) of the total lot area.

e.

One (1) story, two (2) family dwellings shall not be permitted.

(3)

Multiple dwelling projects shall be permitted within the neighborhood conservation district in conformity with the requirements of the district in which the use is otherwise located. However, when multiple family dwellings and/or single family attached dwellings provide rear parking by a public or private alleyway the building setbacks may be established based on a submitted development plan in accordance with the established building setback patterns consistent with pre-existing multiple family dwellings and/or single family attached dwellings within the same block or surrounding blocks.

(c)

Modifications to lot area and dimensional regulations within the neighborhood conservation district.

(1)

The minimum area and dimensional regulations for single-family, two (2) family and townhouse dwelling uses are hereby modified within the NC district as set forth in the following table 31-1. Front yard modifications are permitted as provided in article XXVIII.

(2)

Planned residential developments such as are authorized under article XV may be modified with the neighborhood conservation district as follows:

a.

Any parcel consisting of twenty-five (25) foot lots of record and comprising not less than twenty thousand (20,000) square feet may be proposed as a planned residential development.

b.

Within such modified PRD, all provisions and procedures of articles XV and XXXII shall apply except the minimum area required for a PRD may be reduced to twenty thousand (20,000) square feet and the minimum area per dwelling unit within such development may be reduced from four thousand (4,000) square feet to two thousand five hundred (2,500) square feet.

It is the intent of this provision to promote the construction of townhouses or other dwelling types within this district. The restriction of constructing each dwelling unit physically on an existing lot of record shall not apply in these situations provided the development is established under the requirements of a planned residential development, specifically with respect to the management of the land as common property by a homeowners association.

(d)

Modifications to transitional buffer requirements. Transitional buffer areas as established in section 45-2802(e) of this article shall not be required within the neighborhood conservation district when multiple family zoning districts abut single family zoning districts and when P1 Park districts abut residential zoning districts.

(Ord. No. 5028-97, § 1; Ord. No. 5272-99; Ord. No. 6571-09; Ord. No. 6721-10; Ord. No. 7024-14)

(a)

Purpose and intent. The purpose of this article is to protect against destruction, degradation, and encroachment upon the areas, structures, and premises designated to be of substantial historic significance; to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the historic heritage of the City of Newport News and the Commonwealth of Virginia; to prevent creation of environmental influences adverse to such purposes; and to assure that new structures and uses within the historic district created by this article will be in keeping with the character to be preserved and enhanced. To accomplish such purpose, this article provides for:

(1)

The creation of the Hilton Village Historic District;

(2)

Modifications to use and dimensional regulations within the Historic District;

(3)

Architectural standards for the Historic District;

(4)

The creation of an architectural review board; and

(5)

A procedure for reviewing plans by the architectural review board.

(b)

Creation of Hilton Village Historic District. A special zoning district is hereby created to be known as the Hilton Village Historic District and as shown on the zoning district map which is on file in the department of planning and development. The Hilton Village Historic District as shown on the zoning district map is bounded approximately by the east side of River Road, the rear property line of the lots facing south on the north side of Post Street, Municipal Lane extended from Post Street to Hopkins Street, the rear property line of three (3) parcels (1, 4, 5, block 30, Hilton Village Subdivision) on the southeast corner of Warwick Boulevard and Hopkins Street to the rear property line of the lots facing north on the south side of Hopkins Street and along such rear property line to River Road.

(Ord. No. 5028-97, § 1; Ord. No. 7913-23)

(a)

Uses permitted. In the Historic District, buildings or premises may be used as permitted in the underlying R5 or C1 zoning districts in accordance with Article IV, section 45-402 with the following modifications:

(1)

R5 Low Density Residential Modifications: In the R5 Low Density Residential District the following uses are not permitted by right in the Hilton Village Historic District:

a.

Multiple-family

b.

Planned Residential Development

c.

Public or Private Secondary School

d.

Community Recreation Center

e.

Fire Station

f.

Library

g.

Neighborhood Swimming Pool

h.

Police Station

i.

Public or Private Elementary School

j.

Bus Stop, Bus Shelter or Taxi Stand.

(2)

C1 Retail Commercial District Modifications: In the C1 Retail Commercial District the following uses are not permitted by right in the Hilton Village Historic District:

a.

Hospital

b.

Medical and Dental Laboratory

c.

Nursing Home, Convalescent Home

d.

Outpatient Care Clinic

e.

Electrical Substation

f.

Child Care Center

g.

Vocational School

h.

Funeral Home

i.

Lodge, Fraternal or Social Organizations

j.

Neighborhood Swimming Pool

k.

Public or Private Golf Course

l.

Parcel Distribution Center

m.

Coin Operated Commercial Laundry

n.

Country/Yacht Club

o.

Health Club and Fitness Center

p.

Cemetery Monument Sales

q.

Convenience Store Without Gasoline

r.

Department Store

s.

Extended Stay Motel

t.

Furniture and Upholstery Store

u.

Golf Pro Shop/Clubhouse

v.

Light Equipment Rental and Leasing

w.

Liquor Store

x.

Mall/Mall Building

y.

Hotel/Motel

z.

Pawn Shop

aa.

Tennis Pro Shop/Clubhouse

bb.

Auto Parts Store (no service)

cc.

Boat Basin

dd.

Drive-Up Windows and Drive-Through Lanes.

Provided further that the following uses are permitted by right in the C1 Retail Commercial District in the Hilton Village Historic District: Dwelling unit above or adjacent to a commercial facility, bed and breakfast, single-family detached, duplex and single-family attached dwelling.

(3)

Accessory uses: Any use customarily incidental or accessory to any other above uses is permitted in this district when clearly established as an accessory use to a permitted use.

(4)

Signs: Signs permitted in the Hilton Village Historic District shall be those set forth in City Code section 45-33.01-4(e). In reviewing requests for such signs, the architectural review board shall consider whether each sign is compatible with the Hilton Village architecture and concept.

(5)

Special exceptions: Special exceptions shall be permitted as allowed in the regular zoning district regulations; provided, however, that the review as otherwise required shall include review by the architectural review board.

(Ord. No. 5028-97, § 1; Ord. No. 7466-18)

New buildings in the Hilton Village Historic District shall be basically rectangular in plan and shall conform with the original design of the village in spacing, height, and setback. Materials and color shall be in conformity with the guidelines set by the architectural review board. Plans for all new buildings shall be approved by the board, unless otherwise provided. Additions and alterations to buildings shall also follow the guidelines set by the board, and plans shall be approved by the board.

(Ord. No. 5028-97, § 1)

The lot area and dimensional regulations of the regular zoning districts shall apply unless otherwise modified below:

(1)

Residential districts: Front and side yards shall conform to the pattern established by the original Hilton Village design. Accessory buildings shall be set back no less than three (3) feet from the side yard and five (5) feet from the rear yard. Notwithstanding the foregoing, accessory buildings may be reconstructed within the original footprint of prior or existing accessory buildings.

(2)

Commercial districts:

a.

Side and rear yards and height of buildings shall conform to regulations of the regular zoning district.

b.

Front setbacks shall be no closer to the street than were the existing buildings on the date of passage of this chapter. However, the Hilton Village Architectural Review Board may approve front setbacks closer to the street when the building construction or addition meets the "Recommended Design Standards for the Hilton Village Commercial Area."

c.

Building height shall not exceed forty (40) feet.

(Ord. No. 5028-97, § 1; Ord. No. 5332-99)

Off-street parking spaces and loading spaces shall be provided in conformity with the requirements for specific uses set forth in Article XXX. Plans for off-street parking shall be approved by the board.

However, within the commercially zoned area of Historic Hilton Village public and private off-street parking spaces shall be provided in conformity with the adopted Hilton Area Neighborhood Plan. The number of off-street parking spaces required by Article XXX may be reduced provided that development plans for off-street parking shall be approved by the department of engineering.

(Ord. No. 5028-97, § 1)

(a)

Creation of the architectural review board. The architectural review board shall be appointed by the Newport News City Council. Such board shall consist of seven (7) persons having the following qualifications: One (1) professionally licensed architect or engineer, one (1) landscape architect or artist, three (3) resident owners of Hilton Village, and two (2) owners or operators of businesses in Hilton Village.

(b)

Term of office. The term of office is four (4) years for all members. No member shall serve more than two (2) consecutive terms, except that those members who initially fill unexpired terms less than four (4) years may be reappointed for two (2) full four-year terms. However, in no case shall any member serve more than ten (10) consecutive years.

(c)

Organization and meetings. The board shall elect a chairman each year and other officers as necessary. The board shall meet at regularly scheduled times. A quorum shall consist of four (4) members, but a lesser number may conduct public hearings or meetings at which the principal purpose is collection of information, provided that no action binding on the board is taken at such hearings or meetings. All meetings and records of the board shall be public, and anyone present at the meetings shall be allowed to speak. Decisions by the board shall be made by a majority vote of those members present at any meeting where a quorum is present.

(d)

Procedures and duties of the architectural review board:

(1)

The architectural review board shall prepare guidelines for standards to be applicable to land and exterior buildings within the Hilton Village Historic District.

a.

Such guidelines shall be in written form and shall become effective only upon a duly advertised hearing.

b.

Said public hearing shall be advertised once in a local newspaper, not less than ten (10) days prior to the date of said hearing.

c.

The board shall review the guidelines at least once each year at such public hearing and may make any changes necessary to protect the intent of the article.

(2)

Plans to be submitted:

a.

All plans for new buildings and additions and alterations to existing buildings in the Historic District shall be reviewed by the architectural review board, unless otherwise provided herein. The department of planning shall be responsible for receiving applications and providing technical assistance to the board. Whenever a permit for a building, a sign, or demolition is needed within an historic district, the applicant shall submit to the board plans showing sufficient detail for judgment to be made. The board shall review the application within thirty (30) days after it is filed. The board shall notify the applicant and the owners of the property adjacent to each side of the property in question of the time and place where a review is being held. Such notice shall arrive at least five (5) days before the review.

b.

The board, when it deems it necessary in order to review a particular application, may require the submission of any or all of the following items: Architectural plans, plot plans, landscaping plans, plans for off-street parking, proposed signs, elevations of all portions of proposed structures facing streets, and elevation photographs or perspective drawings showing proposed structures and all such existing structures as are within one hundred (100) feet of the Historic District and are substantially related to it visually or by reason of function, traffic generation, or other characteristics.

c.

In its review of the material submitted, the architectural review board shall examine the architectural design and the entire exterior surface, treatment of the structures within the area, and other pertinent factors affecting the appearance and efficient functioning of the Historic District. The board shall not consider any interior arrangement nor shall it make requirements except for the purpose of preventing development obviously incongruous to the historic aspects of the district. The board shall vote to approve or disapprove an application within sixty (60) days after the application is filed.

(e)

Approval of application by architectural review board: When the board finds that the proposed building, alteration, repair, demolition, sign, or structure is within the intent of this article, the board shall issue a certificate of appropriateness and report its findings to the department of planning. A certificate of appropriateness is a written statement by the board indicating that the proposed building, use or structure fulfills the requirements of the Hilton Village District.

(f)

Disapproval by the board: Should the board disapprove the application, it shall submit to the applicant a list of the reasons for disapproval and if possible suggestions for changing the application. The applicant may review and resubmit his application.

(g)

Failure of the board to act: Should the board fail to approve or disapprove a complete application within sixty (60) days from the date of submission, the application shall be considered approved.

(h)

Appeal. Decisions of the architectural review board may be appealed by any aggrieved party to the city council for review, setting forth in writing the alleged illegality of the action of the board, provided such petition is filed within thirty (30) days after the final decision rendered by the board. The filing of the petition of appeal shall stay the decision of the board pending the outcome of the appeal, except that the filing of the petition of appeal shall not stay the decision of the board if such decision denies the right to raze or demolish a historic landmark, building or structure.

Any aggrieved party shall further have the right to appeal to the Circuit Court of the City of Newport News for review by filing a petition at law, setting forth the alleged illegality of the action of the council, provided that such petition is filed within thirty (30) days after the final decision is rendered by the council. The filing of the said petition of appeal shall stay the decision of the council pending the outcome of the appeal to the court, except that the filing of such petition of appeal shall not stay the decision of the council if such decision denies the right to raze or demolish a historic landmark, building or structure.

(Ord. No. 5028-97, § 1; Ord. No. 6221-06; Ord. No. 7913-23)

The city manager shall designate an agent of the city who shall be responsible for administration of these sections and shall handle the administrative approval of applications authorized herein. The administrator shall review such application for conformity with specific standards set forth by these sections and shall approve the same where appropriate by issuing a certificate of appropriateness for such activity when found in conformity with the guidelines and standards as set forth by the board and shall report in writing to the board the approval of the application and conditions of approval.

(Ord. No. 5028-97, § 1)

(a)

To facilitate the normal functioning of the village, the board shall identify and set forth in its guidelines those normal and routine exterior repairs and maintenance activities that may be performed without adverse influence or effect to the character of the village or intent of the Historic District regulations.

(b)

The identification of these activities shall include specific details as to color, materials, dimensions and other information necessary to permit administrative review and approval of such activities.

(Ord. No. 5028-97, § 1)

No building permit, sign permit, or other city permit shall be issued nor shall any individual undertake any of the activities listed below until the architectural review board or the designated administrator shall have certified that such activity is in conformance with the provisions of this section:

(1)

New buildings: This shall include any new principal or accessory structure.

(2)

Additions and/or alterations: This shall include any exterior modifications to existing structures.

(3)

Fences: This shall include all new fences and any modification to existing fencing resulting in changes in height, material or location but shall exclude normal structural maintenance.

(4)

Signs: See Chapter 33.01 of the City Code.

(5)

Landscaping: This shall include any landscaping or yard decorations using structural or nonvegetative components when such landscaping components are twelve (12) inches above the average yard elevation and are visible from adjacent property. This board shall not consider or rule upon the appropriateness of any plant material.

(6)

Painting: This shall include any colors utilized in the exterior finishes of structures in the village.

(7)

Off-street parking: This shall include the construction of new driveway entrances or enlargements of existing entrances as well as the use of front yards for off-street parking.

(Ord. No. 5028-97, § 1)

(a)

Purpose and intent. The purpose of this article is to provide for and encourage urban scale development in a portion of the City of Newport News known as the Oyster Point Urban Core. The area (henceforth referred to as the "Urban Core") is proposed for a concentration of uses such as professional and business offices, financial institutions, retail, municipal, cultural, transportation, entertainment and residential. To accomplish such purpose, this article provides for:

(1)

The creation of the Urban Core Overlay District;

(2)

Modifications to use and dimensional regulations within the Urban Core;

(b)

Creation of the Urban Core. A special zoning district is hereby created to be known as the Urban Core and as shown on the zoning district map which is on file in the department of planning.

(Ord. No. 5028-97, § 1; Ord. No. 5562-01; Ord. No. 7913-23)

(a)

Permitted uses. In the Urban Core, buildings or premises may be used for any use normally permitted in the underlying zoning district regulations set forth in article IV, section 45-402. The real estate in the Urban Core is all subject to covenants and restrictions, and no use may be made of such real estate that is inconsistent with or violates those covenants or restrictions. In addition to those covenants and restrictions and those uses permitted in the underlying zoning district, the following uses shall also be permitted by right within the Urban Core (section 45-402 matrix listing shown in parenthesis):

Amusement establishment (I.5)

Bicycle sales and service (J.5)

Billiard parlor (I.2)

Bowling alley (I.4)

Car wash (K.8); provided that the building housing the car wash use shall be located wholly within a parking garage

Coin-operated commercial laundry (H.4) as an accessory use to a multiple-family residential use

Commercial parking lot or garage (L.3)

Convenience store without gasoline (J.12); provided that the convenience store without gasoline use shall not be permitted in a separate freestanding building

Food preparation, storage and distribution (M.5); provided that such use shall occupy less than seven thousand five hundred (7,500) square feet

Garden supply store (J.19); provided that such use shall occupy less than fifteen thousand (15,000) square feet

Grocery store (J.21); provided that such use shall occupy less than ten thousand (10,000) square feet

Hardware store (J.22); provided that such use shall occupy less than ten thousand (10,000) square feet

Home accessory store (J.23)

Medical center complex (C.2)

Motel/hotel (J.32)

Multiple-family (B.3); provided that the building housing this use shall be a minimum of four (4) stories in height

Nightclub as defined in this chapter

Off-site parking lot or garage (L.6)

Off-premises sale of alcohol in an establishment of less than one thousand six hundred (1,600) square feet in size (J.35)

Other educational/group instruction (E.4)

Skating rink (I.12)

Theatre or stage (I.14)

Toy or hobby store (J.45)

Variety store (J.47)

(b)

Accessory uses. Any use customarily incidental or accessory to any permitted use is permitted in this district when clearly established as an accessory use to a permitted use.

(c)

Signs. Signs permitted in the Urban Core shall be those set forth in City Code Chapter 33.01, section 33.01-4(e). Such signs shall be compatible with the Urban Core architecture and concept.

(Ord. No. 5028-97, § 1; Ord. No. 5562-01; Ord. No. 7316-16, § 1)

There shall be no minimum lot area, lot dimensions, yards regulations or height restrictions in this district.

(Ord. No. 5028-97, § 1)

(a)

One (1) on-site parking space or garage space per dwelling unit shall be provided, except as provided for by Article XXVIII, section 45-2804.

(b)

All off-street parking for commercial, community facilities and/or industrial uses shall be provided on-site or within a garage.

(Ord. No. 5028-97, § 1)

(a)

Purpose and intent. The purpose of this article is to protect against destruction, degradation, and encroachment upon the areas, structures, and premises designated to be of substantial historic significance; to encourage uses which will lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the historic heritage of the City of Newport News and the Commonwealth of Virginia; to prevent creation of environmental influences adverse to such purposes; and to assure that new structures and uses within the historic district created by this article will be in keeping with the character to be preserved and enhanced. To accomplish such purpose, this article provides for:

(1)

The creation of the North End/Huntington Heights Historic District identified in this division of the City Code as the "Historic District";

(2)

Modifications to use and dimensional regulations within the Historic District;

(3)

Architectural standards for the Historic District;

(4)

The creation of an architectural review board for the Historic District identified in this division of the City Code as the "Architectural Review Board" or "Board"; and

(5)

A procedure for reviewing plans by the Architectural Review Board.

(b)

Creation of North End/Huntington Heights Historic District. A special zoning district is hereby created to be known as the North End/Huntington Heights Historic District and as shown on the Zoning District Map which is on file in the office of Codes Compliance and in the department of planning and development. The North End/Huntington Heights Historic District as shown on the zoning district map is bounded approximately by the south side of 72nd Street from Belvedere Drive to Warwick Boulevard, the west side of Warwick Boulevard from 72nd Street to 50th Street, the north side of 50th Street from Warwick Boulevard to Huntington Avenue, the east side of Huntington Avenue from 50th to 51st Street, the north side of 51st Street, in an westerly direction to the boundary of property belonging to Newport News Shipbuilding and Dry Dock Company, on the east side of property belonging to Newport News Shipbuilding and Dry Dock Company north to a point on the south side of 57th Street extended, east on a line with the southerly line of 57th Street to Huntington Avenue, thence north on the east side of Huntington Avenue to its intersection with the northerly line of 68th Street, thence west along the easterly line of River Road to its intersection with 70th Street, thence east on 70th Street to Belvedere Drive including therein that parcel known as 7001 Belvedere Drive (Assessor's #282.0001-07), thence north on Belvedere Drive to its intersection with 72nd Street, excluding therefrom that parcel known as 310 73rd Street (Assessor's #282.0001-04).

Existing community facilities and commercially zoned property within the boundary of the district are exempt from the provisions of the Historic District.

(Ord. No. 5356-99)

(1)

Uses permitted. In the Historic District, buildings or premises may be used as permitted in the underlying zoning districts in accordance with Article IV, section 45-402.

(2)

Accessory uses: Any use customarily incidental or accessory to any other uses is permitted in this district when clearly established as an accessory use to a permitted use.

(3)

Signs: Signs permitted in the Historic District shall be the same as those set forth in City Code section 33.01-4(e). In reviewing requests for such signs, the Architectural Review Board for the Historic District shall consider whether each sign is compatible with the architecture and concept of the Historic District.

(4)

Special exceptions: Special exceptions shall be permitted as allowed in the regular zoning district regulations; provided, however, that the review as otherwise required shall include review by the Architectural Review Board.

(Ord. No. 5356-99)

The design, height, setback and spacing of new structures in the historic district shall be in conformity with the guidelines set by the architectural review board. Plans for all new structures shall be approved by the board, unless otherwise provided. Additions and alterations to structures shall also follow the guidelines set by the architectural review board, and plans shall be approved by the board.

(Ord. No. 5356-99)

The lot area and dimensional regulations of the applicable regular zoning districts shall apply, unless otherwise modified below:

Residential districts: Front and side yards shall conform to the pattern established by the original North End/Huntington Heights design. Accessory buildings shall be set back no less than three (3) feet from the side yard and five (5) feet from the rear yard. Notwithstanding the foregoing, accessory buildings may be reconstructed within the original footprint of prior or existing accessory buildings.

(Ord. No. 5356-99)

Off-street parking spaces and loading spaces shall be provided in conformity with the requirements for specific uses set forth in Article XXX of this chapter. Plans for off-street parking shall be approved by the board.

(Ord. No. 5356-99)

(a)

Creation of the architectural review board. The architectural review board shall be appointed by the Newport News City Council. Such board shall consist of seven (7) persons having the following qualifications: One (1) professionally licensed architect or engineer, one (1) landscape architect or artist, and five (5) resident owners of real estate in the North End/Huntington Heights Historic District.

(b)

Term of office. The term of office is four (4) years for all members. No member shall serve more than two (2) consecutive terms, except that those members who initially fill unexpired terms of less than four (4) years may be reappointed for two (2) full four-year terms. However, in no case shall any member serve more than ten (10) consecutive years.

The initial board shall be appointed to serve the following terms: three (3) members for four (4) years; two (2) members for three (3) years; two (2) members for two (2) years. Reappointments of such members shall be for four (4) years.

(c)

Organization and meetings. The board shall elect a chairman each year and other officers as necessary. The board shall meet at regularly scheduled times. A quorum shall consist of four (4) members, but a lesser number may conduct public hearings or meetings at which the principal purpose is collection of information, provided that no action binding on the board is taken at such hearings or meetings. All meetings and records of the board shall be public, and anyone present at the meetings shall be allowed to speak.

(d)

Procedures and duties of the architectural review board:

(1)

The architectural review board shall prepare guidelines for standards to be applicable to land and the exterior of buildings and structures within the North End/Huntington Heights Historic District.

a.

Such guidelines shall be in written form and shall become effective only upon adoption after a duly advertised public hearing.

b.

Said public hearing shall be advertised once in a local newspaper, not less than ten (10) days prior to the date of said hearing.

c.

The board shall review the guidelines at least once each year at a public hearing and may make any changes necessary to protect the intent of this division of the City Code.

(2)

Plans to be submitted:

a.

On and after April 1, 2000, all plans for new buildings and structures and additions and alterations to existing buildings and structures, including the painting thereof, in the historic district shall be reviewed by the architectural review board, unless otherwise provided herein. The department of planning shall be responsible for receiving applications and providing technical assistance to the board. On and after April 1, 2000, whenever a permit for a building, structure, sign, or demolition is needed for work to be performed within the historic district, the applicant shall submit to the board plans showing sufficient detail prior to the issuance of any such permit; provided, however, that demolition required pursuant to city codes enforcement activity shall not be subject to board review and approval. The board shall review an application within thirty (30) days after it is filed. The board shall notify the applicant and the owners of the property adjacent to each side of the property in question of the time and place where a review is to be held. Such notice shall arrive at least five (5) days before the review.

b.

The board, when it deems it necessary in order to review a particular application, may require the submission of any or all of the following items: Architectural plans, plot plans, landscaping plans, plans for off-street parking, proposed signs, elevations of all portions of proposed structures facing streets, and elevation photographs or perspective drawings showing propose structures and all such existing structures that are within one hundred (100) feet of the historic district and are substantially related to it visually or by reason of function, traffic generation, or other characteristics.

c.

In its review of the material submitted, the architectural review board shall examine the architectural design and the entire exterior surface, treatment of the buildings and structures within the area, and other pertinent factors affecting the appearance and efficient functioning of the historic district. The board shall not consider any interior arrangement nor shall it make requirements except for the purpose of preventing development obviously incongruous to the historic aspects of the district. The board shall vote to approve or disapprove an application within sixty (60) days after the application is filed.

(e)

Approval of application by architectural review board. When the board finds that the proposed building, structure, alteration, repair, demolition, or sign is within the intent of this division of the City Code, the board shall issue a certificate of appropriateness and report its findings to the department of planning. A certificate of appropriateness is a written statement by the board indicating that the proposed building, use or structure fulfills the requirements of the North End/Huntington Heights District.

(f)

Disapproval by the board. Should the board disapprove the application, it shall submit to the applicant a list of the reasons for disapproval and if possible suggestions for changing the application. The applicant may review and resubmit his application.

(g)

Failure of the board to act. Should the board fail to approve or disapprove a complete application within sixty (60) days from the date of submission, the application shall be considered approved.

(h)

Appeal. Decisions of the architectural review board may be appealed by any aggrieved party to the city council for review, setting forth in writing the alleged illegality of the action of the board, provided such petition is filed within thirty (30) days after the final decision rendered by the board. The filing of the petition of appeal shall stay the decision of the board pending the outcome of the appeal, except that the filing of the petition of appeal shall not stay the decision of the board if such decision denies the right to raze or demolish a historic landmark, building or structure.

Any aggrieved party shall further have the right to appeal to the Circuit Court of the City of Newport News for review by filing a petition at law, setting forth the alleged illegality of the action of the council, provided that such petition of appeal is filed within thirty (30) days after the final decision is rendered by the council. The filing of the said petition of appeal shall stay the decision of the council pending the outcome of the appeal to the court, except that the filing of such petition of appeal shall not stay the decision of the council if such decision denies the right to raze or demolish a historic landmark, building or structure.

(Ord. No. 5356-99; Ord. No. 6221-06; Ord. No. 7913-23)

The city manager shall designate an agent of the city who shall be responsible for administration of this division of the City Code and shall handle the administrative approval of applications authorized herein. The administrator shall review such application for conformity with specific standards set forth by these sections and shall approve the same where appropriate by issuing a certificate of appropriateness for such activity when found in conformity with the guidelines and standards as set forth by the architectural review board and shall report in writing to the architectural review board the approval of the application and conditions of approval.

(Ord. No. 5356-99)

(a)

To facilitate the normal functioning of the historic district, the architectural review board shall identify and set forth in its guidelines those normal and routine exterior repairs and maintenance activities that may be performed without adverse influence or effect to the character of the historic district or intent of the historic district regulations.

(b)

The identification of these activities shall include specific details as to color, materials, dimensions and other information necessary to permit administrative review and approval of such activities.

(Ord. No. 5356-99)

No building permit, sign permit, or other city permit shall be issued nor shall any individual undertake any of the activities listed below until the architectural review board or the designated administrator shall have certified that such activity is in conformance with the provisions of this division of the City Code:

(1)

New buildings: This shall include any new principal or accessory structure.

(2)

Additions and/or alterations: This shall include any exterior modifications to existing structures.

(3)

Fences: This shall include all new fences and any modification to existing fencing resulting in changes in height, material or location but shall exclude normal structural maintenance.

(4)

Signs: See Chapter 33.01 of the City Code.

(5)

Landscaping: This shall include any landscaping or yard decorations using structural or nonvegetative components when such landscaping components are twelve (12) inches above the average yard elevation and are visible from adjacent property. The board shall not consider or rule upon the appropriateness of any plant material.

(6)

Painting: This shall include any colors utilized in the exterior finishes of structures in the historic district.

(7)

Off-street parking: This shall include the construction of new driveway entrances or enlargements of existing entrances as well as the use of front yards for off-street parking.

(Ord. No. 5356-99)

Purpose and intent: The purpose and intent of this division is to promote well-planned and designed mixed-use pedestrian oriented development of property within Newport News, Virginia, and to incorporate the "Concepts of New Urbanism" (or, neotraditional communities) into the development of property in a Neotraditional Overlay District within the city. This division prescribes standards for the construction and reconstruction of structures within Neotraditional Overlay Districts approved in accordance with this division. Regulations in this division supplement and modify district regulations set forth in other articles of this chapter.

(Ord. No. 5631-01)

The city manager or his designee may approve neotraditional development proposals subject to the following criteria:

(1)

The property to be developed must contain no less than fifty (50) acres or, in the alternate, consist of no more than three (3) parcels containing a minimum combined total of three hundred (300) acres, each of which must be located no more than three-quarters (¾) [of a] mile apart and be developed as part of a conceptual master plan. No less than seventy-five (75) percent of the property to be developed shall be zoned R-9 and the remainder of which may be zoned C-1 or C-2.

(2)

The property owner/developer shall submit ten (10) copies of a conceptual master plan for preliminary review by the director of planning prior to site plan review. Upon review by the city's site plan review committee, the conceptual master plan shall be sent to the city manager for consideration and approval. Once approved, a copy of the conceptual master plan shall be kept on file with the city's departments of planning and engineering. The conceptual master plan shall be drawn to a readable scale and show the location of all buildings, streets, parking, landscaping, and other physical improvements, including necessary public improvements. More specifically, the conceptual master plan shall include:

a.

A traffic circulation plan, a utilities plan, and the location of all green areas or parks. The conceptual master plan shall also identify the location, type and number of proposed structures. The conceptual master plan may be implemented in phases, and the site plan submitted for approval before each phase is begun shall contain a detailed traffic circulation, utility, parking management and landscaping plans for the applicable phase; and

b.

The location and area calculation of land that is intended for common, quasi-public or amenity use, but not proposed to be in public ownership, together with a description of the form of ownership and control upon the completion of the first phase of the development; and

c.

A general description of the anticipated phases to be constructed;

d.

A pattern book of architectural guidelines and design standards to implement the vision of the conceptual master plan. The pattern book shall include, but not be limited to: narrative, photos, architectural renderings, section elevations, site plans, and material lists.

(Ord. No. 5631-01; Ord. No. 6221-06; Ord. No. 6662-10)

(a)

Permitted uses: In the Neotraditional Overlay District, buildings or premises may be used for any use normally permitted in the underlying zoning district regulations set forth in section 45-402 of this chapter. In addition, single-family, two-family, and single-family attached uses shall be permitted on properties zoned R-9.

(b)

Accessory uses: Any use customarily incidental or accessory to any permitted use is permitted in this district when clearly established as an accessory use to a permitted use.

(c)

Signs: Signs permitted in the Neotraditional Overlay District shall be those set forth in Chapter 33.01, Newport News City Code. Such signs shall be compatible with the neotraditional architecture and concept as set forth in the approved master plan.

(Ord. No. 5631-01)

There shall be no minimum lot area, lot dimensions, yard regulations, height regulations, or transitional area buffers.

(Ord. No. 5631-01)

(a)

The off-street parking requirements established in section 45-3004 of this chapter may be reduced by the zoning administrator through the approval of a parking management plan for the applicable phase to be implemented.

(1)

Such parking plan shall include:

a.

A scaled drawing of the development for such phase, showing and labeling all proposed structures, uses, parking spaces, sidewalks, pedestrian crossings, property lines, cross-access easements, and rights-of-way.

b.

For each phase, a table containing the gross floor area, required number of off-street parking spaces, proposed number of off-street parking spaces, and proposed number of on-street parking spaces for each use.

c.

As phases are developed, the total number of parking spaces provided and the total use permitted in all approved phases shall be calculated to determine permissible reductions in parking, if any.

d.

Bus circulation routes to serve the development.

(2)

In no case shall less than one (1) on-site parking space or garage space per dwelling unit be provided.

(3)

Off-street parking for commercial and community facilities shall be provided either on-site or off-site. "Shared" parking for separate facilities may be permitted whether by cross-easements or other standard business practices.

(Ord. No. 5631-01)

Purpose and intent: The purpose of this division is to establish an overlay district known as the Lower Jefferson Avenue Urban Corridor Overlay District. The intent of this division is to promote well-planned and designed mixed-use pedestrian oriented development of property along an older section of Jefferson Avenue. This division prescribes standards for construction and reconstruction of buildings and sites within the Overlay District. Regulations for the Lower Jefferson Avenue Urban Corridor Overlay District supplement and modify district regulations set forth in other articles.

(Ord. No. 6052-04)

Lower Jefferson Avenue Urban Corridor Overlay District (LJAUC): The district boundaries of the Lower Jefferson Avenue Urban Corridor Overlay District (LJAUC) are established on the Zoning District Map, as amended.

(Ord. No. 6052-04)

(a)

Permitted uses. In the district, buildings or premises may be used for any use normally permitted in the underlying zoning district regulations set forth in Article IV, section 45-402. In addition, the following uses shall be permitted as a matter of right (section 45-402 matrix listing shown in parenthesis):

Single-family attached (B.2.1)

Housing for older persons—Single-family attached (B.2.2)

Multiple-family (B.3)

Housing for older persons—Multiple family (B.3.1)

High rise apartment (B.4)

Bed & breakfast (B.11)

Mixed-use building with any combination of residential, commercial and/or office uses.

(b)

Accessory uses. Any use customarily incidental or accessory to any permitted use is permitted in this district when clearly established as an accessory to a permitted use. However, certain accessory uses may have special requirements or require a special exception. Refer to Article V and Article XXXII to determine what special requirements may apply.

(c)

Signs. Signs permitted in the district shall be those set forth in Chapter 33.01, Newport News City Code. Such signs permitted in the district shall be compatible with the architecture of the structures.

(Ord. No. 6052-04)

There shall be no minimum lot area, lot dimensions, yard regulations, height regulations, or transitional buffer areas.

(Ord. No. 6052-04)

(a)

On site parking shall not be required for office and commercial uses.

(b)

Residential units require a minimum of one (1) parking space per dwelling unit located either on-site or on adjacent property. However, parking for housing for older persons may be reduced in accordance with Article XXX, section 45-3004.4.

(c)

Parking for community facilities shall be located off-street.

(d)

Any public parking lot, no more than four hundred (400) feet from the use it serves, may be counted towards the parking requirement for community facility uses.

(e)

All off-street parking shall be located behind buildings or within structures.

(Ord. No. 6052-04)

The development of any site within the Overlay District shall be in accordance with the Jefferson Avenue Corridor Study, as adopted by city council on September 8, 2009, and an approved master plan and/or site plan.

(a)

Development or redevelopment of a block or part thereof shall require the submittal of a master plan approved by the director of planning.

(1)

The master plan shall be drawn to a readable scale and show the location of all buildings, streets, light fixtures, parking, landscaping, sidewalks or pedestrian ways or other public spaces and other physical improvements, including but not limited to, location and screening of dumpsters, building elevations, floor area of non-residential space, sign design and materials.

(2)

The master plan shall include a landscape plan drawn to scale, which shall show the location of all landscaping materials. Landscaping materials shall be used from an approved list compiled by the director of planning.

(3)

The master plan shall include a development program indicating the sequence in which all structures, vehicular and pedestrian circulation systems are to be developed, and a schedule of construction dates indicating the anticipated date of commencement and completion of the project and any phasing of the project, to include a plan for stormwater management on the site.

(4)

For any residential or mixed use development that includes residential, the master plan shall indicate the use and number of dwelling units proposed. The master plan shall indicate the use and square footage of any non-residential use.

(5)

The master plan submittal shall include all building elevations, to include materials, color, and style.

(6)

Mechanical equipment shall not be visible from city rights-of-way.

(7)

All utilities, including but not limited to, all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable televisions, petroleum, gas, steam, water, or sewer systems, shall be installed underground notwithstanding any provisions of City Code section [Chapter] 40.1 to the contrary.

(8)

Sustainable building practices shall be encouraged.

(9)

Curb-cuts shall not be permitted on Jefferson Avenue.

(b)

Development of a single lot shall require the submittal of a site plan in accordance with the site regulations, after or concurrent with review by the director of planning for compliance with the Jefferson Avenue Corridor study and, if applicable, with the approved master plan.

(Ord. No. 6052-04; Ord. No. 6673-10)

(a)

Prior to review and the issuance of a sign permit by the director of codes compliance, all signs shall be submitted to and approved by the director of planning. The submission shall include: Sign design, location, dimensions of the proposed signs, a drawing to a readable scale, colors, and a description of the sign materials and method of illumination.

(b)

Signs permitted in the district shall be those set forth in chapter 33.01, Newport News City Code, except those specifically prohibited by this chapter.

(c)

Portable and freestanding signs are prohibited, except as provided in (d) below.

(d)

A shopping center of fifty thousand (50,000) square feet or greater of gross leasable area developed in the Lower Jefferson Avenue Urban Corridor Overlay District without frontage on Jefferson Avenue and developed pursuant to an approved master plan as required in section 45-3161, shall be allowed one (1) freestanding sign on a sign parcel adjacent to Jefferson Avenue. Such sign shall be no more than ten (10) feet in height and eighty (80) square feet in area.

(e)

For the purposes of this article, a sign parcel shall be defined as an individually, legally created parcel in the Lower Jefferson Avenue Urban Corridor Overlay District designed to be used exclusively for construction of a freestanding sign.

(Ord. No. 6673-10; Ord. No. 7303-16)

The purpose of this article is to improve the unique and architectural value and character of the Lee Hall area of the City of Newport News contiguous to major corridors, as defined herein, and to provide for and promote its orderly development and redevelopment by creating an overlay district. The overlay district recognizes the significant routes of tourist access of the major corridors, which serve as the gateways to the Lee Hall area and its historic destinations.

This overlay district is also intended to encourage appropriate renovations to existing mixed-use, commercial and industrial structures and compatible new construction by promoting the use of building forms, materials and site design that will improve the architectural and visual character of these major corridors, and to encourage a diversity of architectural style that is compatible with the character of the area's historic resources.

(Ord. No. 6294-06)

The Lee Hall Corridor Overlay District regulations shall apply to all non-residentially used or zoned parcels of land contiguous to the right-of-way of the following major corridors as of the effective date of this ordinance, but shall not extend beyond five hundred (500) feet of the adjacent side of the corridors. Also, individual single-family parcels of land not subject to the provisions of the site regulations are not controlled by the regulations of this overlay district division. However, any single-family subdivision submitted for final plat approval after the effective date of this ordinance is subject to the provisions of this division. The Lee Hall Corridor Overlay District corridors are defined as follows:

(a)

Jefferson Avenue from Ft. Eustis Boulevard to the James City County line.

(b)

Yorktown Road from the York County line to the intersection of Warwick Boulevard.

(c)

Crafford (Crawford) Road from the York County line to Yorktown Road.

(d)

Interstate 64 from the northern boundary of Newport News Reservoir (Campsite Drive) to the James City County and York County lines.

(Ord. No. 6294-06)

(a)

Permitted uses. Permitted uses in the Lee Hall Corridor Overlay District shall be as established by the underlying zoning district as set forth in Article IV, Section 45-402, of the City Code, subject to the following limitations:

Permitted with a conditional use permit:

1.

All uses with drive through service.

2.

Any commercial, office or industrial buildings greater than thirty thousand (30,000) square feet in area.

Not permitted: The following uses are not permitted in the Lee Hall Corridor Overlay District:

(1)

Amateur radio tower greater than seventy (70) feet in height.

(2)

Automobile sales/used car dealership.

(3)

Commercial radio or TV station.

(4)

Communication tower/antenna.

(5)

Extended stay motel.

(6)

Mini-storage warehouse.

(7)

Mini-storage warehouse—Single entrance interior storage.

(8)

Outside storage as main use.

(9)

Pawn shop.

(10)

Automobile, limousine, van, motorcycle leasing/rental.

(b)

Accessory uses. Any use customarily incidental or accessory to any permitted use is permitted in this district when clearly established as an accessory to a permitted use.

(Ord. No. 6294-06)

(a)

Review required: Review and approval as identified in this division shall be required for all new subdivisions, multiple-family, mixed-use, commercial and industrial development, as well as for additions, alterations and improvements to existing mixed use, multiple-family, commercial and industrial buildings, structures, signs and sites located within the Lee Hall Corridor Overlay District. Ordinary repair and maintenance to existing mixed use, multiple-family, commercial and industrial buildings, structures, signs and sites located within the Lee Hall Corridor Overlay District are exempt from the review and approval process. Existing structures destroyed by fire or act of God may be replaced as provided in section 45-2902 of the City Code.

(b)

Ordinary repair or maintenance activity permitted without review: Nothing in this division shall be construed to prevent the ordinary maintenance or repair of any exterior elements of any building, structure, sign or exterior architectural feature described in this division. "Ordinary repair and maintenance" means work done to prevent deterioration or to replace parts of a building, structure, sign or exterior architectural feature with equivalent materials in order to correct any deterioration, decay of or damage to any such building, structure, sign or exterior architectural feature, the total cost of which shall not exceed twenty-five (25) percent of the structure's assessed value in any twenty-four (24) consecutive month period.

(Ord. No. 6294-06)

Purpose and intent: The following guidelines and development standards are intended to protect and enhance the visual experience from the established entrance corridors and to reduce incompatible and adverse impacts on scenic and historic sites.

(a)

Guidelines. The development of any site within the Lee Hall Corridor Overlay District shall be in accordance with an approved master plan or site plan. Design and architectural features shall be consistent with the following provisions:

(1)

Large work area doors or open bays of mixed use, commercial and industrial buildings shall not open toward or face the corridors.

(2)

Active building elevations shall face public streets. Blank walls or loading areas shall not face public streets.

(3)

Mechanical equipment, whether ground level or roof top, shall be either screened from view or located so that such mechanical equipment is not visible from the corridors identified in section 45-3163 of the City Code or adjacent properties. Large trash receptacles, dumpsters, utility meters, aboveground tanks, satellite dishes, antennas, etc., shall be similarly treated. Mechanical equipment on rooftops shall, to the extent possible, be hidden by building elements designed for that purpose as an integral part of the building design.

(4)

Loading spaces for commercial and industrial sites shall be located only at the rear of buildings and should be out of view of the corridors identified in section 45-3163 of the City Code. Views from adjacent properties or uses must be minimized through site design, architectural design, topography, landscaping, setbacks or other features.

(5)

Required parking areas should be located to the rear or side of main buildings or developed areas.

(6)

Fencing along the corridor right-of-way should be of decorative (ornamental) style and located behind the landscape strip as required by the city's site regulations.

(7)

Blank, solid walls should be avoided.

(8)

Stucco, natural wood siding, brick, or other materials with similar texture and appearance shall be compatible with the area's character. Materials and colors should be varied where appropriate to provide architectural interest.

(9)

Color schemes should be kept simple in character and harmonious in keeping with the period architecture.

(10)

No building facade (whether front, side or rear) should consist of architectural materials inferior in quality, appearance, or detail to any other facade of the same building. The intent of this requirement is not to preclude the use of different materials on different buildings' facades (which would be acceptable if representative of good architectural design), but rather to preclude the use of inferior materials on sides that face adjoining property and thus, might adversely impact existing or future development.

(11)

No visible portion of a building wall shall be constructed of corrugated material, sheet metal, or barren and unfinished cinder block. Standing seam metal roofs are acceptable.

(12)

New architecture should be compatible with the area's design traditions, forms and materials. Generic franchise design is strongly discouraged.

(13)

Buildings on the same site should have a strong spatial and functional relationship to each other and shall be varied in size and mass.

(b)

Development standards. New subdivision, mixed-use, commercial and industrial development within this Lee Hall Overlay District should provide for visual compatibility and harmony with surrounding natural landforms and vegetation; be protective of views and vistas from the corridors identified in section 45-3163 of the City Code; and provide continuity of site design within the proposed development. These objectives include the following standards, in addition to the development standards specified for the underlying zones in the Zoning Ordinance:

(1)

General.

a.

Structures should not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape.

b.

Natural amenities such as views, trees, water courses, and other natural features should be preserved and incorporated into the site design.

c.

Impervious surface areas should be minimized and landscaped areas should be maximized.

d.

The maximum height of all structures shall be as permitted by the development standards for the underlying zoning district.

e.

Outdoor storage as an accessory use shall be as permitted, provided that all outdoor storage areas are visually screened from public rights-of-way, internal roadways, and adjacent property. Screening shall consist of either a masonry wall, dense evergreen plants, or such other materials as may be found compatible and approved by the director of planning. All such screening shall be of sufficient height to screen storage areas from public view and shall be appropriately landscaped in accordance with the standards set forth in section 45-512 of the City Code. All company owned and operated vehicles, with the exception of passenger vehicles, are subject to this provision.

f.

Site development should include streetscape improvements. These improvements are considered as those architectural or functional facilities or structures that occur on site but are not part of the building and that encourage and facilitate human interaction with the built environment. Examples include, but are not limited to the following: decorative light fixtures, fountains, sculptures, benches and tables, planters, retaining walls, pedestrian and bicycle paths, bicycle parking structures, driveways and parking areas except in historic places where these materials are incompatible with the character of the historic place.

(c)

Grading and drainage.

(1)

Development activities should avoid excessive or unsightly grading, indiscriminate earth moving or clearing of property, and removal of trees and vegetation that could cause disruption of natural water courses or disfigure natural land forms.

(2)

Grading for new development shall not adversely affect adjacent property.

(3)

Grading should not occur within the dripline of any tree(s) being preserved.

(4)

Drainage shall be designed so as not to interfere with pedestrian traffic.

(d)

Parking and circulation.

(1)

Parking lot, traffic areas, and loading and unloading area requirements shall be as established by City Code Chapter 33.02-52, Site Regulations. In addition, the following shall apply:

a.

Vehicular movement and parking areas shall be paved with concrete, asphalt, exposed aggregate, or pavers. Vehicular movement and parking areas surfaced with gravel or other similar material are prohibited except in historic places where these materials are compatible with the character of the historic place. Concrete curb and gutter or other stormwater management structure as approved by the director of engineering shall be installed around the perimeter of all parking areas.

b.

All vehicle parking areas shall, whenever practicable, be located to the side or rear of the primary structure and screened with landscaping to soften the view from any public right-of-way. When vehicle parking areas must be located in front of the principal structure, a continuous hedge or landscaped berm or decorative wall of at least three (3) feet in height must be constructed to screen the parking area from any public right-of-way.

c.

On large commercial sites, parking areas between outparcel buildings and the adjacent street are discouraged.

(e)

Lighting.

(1)

The proper layout, height, fixture selection and lighting level shall be incorporated into the site design to create a safe and secure environment.

(2)

Fixtures used to accent architectural features, landscaping or art shall be located, aimed or shielded to minimize light spill into the night sky.

(3)

Architectural lighting shall be recessed under roof overhangs or generated from concealed source, low-level light fixtures. Roof lights, wall washes, lighted roof panels, and other methods of illuminating buildings are not allowed.

(4)

Site lighting shall be of low-intensity from a concealed source, shall be of a clear white or amber light that does not distort colors, and shall not spill over onto adjoining properties, highways, or in any way interfere with the vision of on-coming motorists. Such lighting fixtures or devices shall be of a directional type capable of shielding the light source from direct view. The development plan or site plan must show the relationship of fixtures and the light patterns to each other, to the project site, to the unit development, and to the corridors identified in section 45-3163 of the City Code.

(5)

Decorative, low-level intensity, non-concealed source lighting that defines vehicular and/or pedestrian ways is acceptable.

(6)

The lighting plan shall not conflict with the landscape plan, and the two (2) shall be submitted simultaneously for review.

(f)

Stormwater and BMP. All new development shall be in conformance with City Code Chapter 37.1, Stormwater Management.

(g)

Utilities. All new utilities, including but not limited to all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable television, petroleum, gas steam, water or sewer systems, shall, after adoption of this division be placed below the surface of the ground; provided that:

(1)

Equipment such as electric distribution transformers, switchgear, meter pedestals and telephone pedestals, which are normally installed above ground may be so installed.

(2)

Meters, service connections and similar equipment normally attached to the outside wall of the premises they serve are acceptable.

(3)

All equipment that is permitted to be installed above ground shall be screened with landscaping and/or fencing. Consideration should be given to placement of such equipment in order to minimize the view from the corridor.

(h)

Landscaping requirements and tree protection.

(1)

Purpose and intent. The purpose and intent of such landscaping requirements are to reduce the visibility of paved areas from adjacent properties and streets; moderate climatic effects; minimize noise and glare; and, to enhance public safety by defining spaces so as to influence traffic movement. Landscaping will also reduce the amount of storm water runoff, provide transition between neighboring properties, and frame and soften structures. Every effort shall be made through the design, layout, and construction of development projects to incorporate and preserve as many trees as possible.

(2)

General. Landscaping and green area requirements shall be as established by City Code Chapter 33.02-51, Site Regulations. In addition, the following requirements shall apply to all landscape plans:

a.

A landscaping plan shall be submitted in conjunction with the development or site plan submittal.

b.

Such landscaping plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular movement and parking, and the location, size and description of all landscaping materials. All easements, transitional buffer areas and setback areas shall be labeled and dimensioned.

c.

All plant materials shall be maintained in perpetuity in a healthy condition. The property owner or designated agent shall be responsible for the maintenance, repair and replacement of all landscaping materials as may be required by the provisions of this subsection. All plant material and landscaped bed areas shall be tended and maintained in a healthy growing condition, free from refuse, debris and weeds at all times.

(3)

Parking area landscaping. In addition to the requirements of section 33.02-51(12) of the City Code, the following shall apply:

a.

Masonry walls, fences, hedges or berms three (3) to four (4) feet in height in combination with required landscaping are required to screen parking areas with ten (10) spaces or more.

b.

Pedestrian walkways between sites, parking areas and buildings are required to promote and enhance safe pedestrian circulation.

(4)

Buffers and screening. Transitional buffer areas shall be provided as required by section 45-2802(e) of the City Code. Screening shall include a wall or fence designed to block visual and noise impacts to ensure compatibility between adjacent uses.

(5)

Requirements for landscape plans. Outdoor furniture and fixtures for commercial and mixed-use development are elements of building and landscape design, and shall be identified on the landscape plan.

(6)

Tree protection.

a.

No person shall cut down, destroy, move, or remove or cause to be cut down, destroyed, moved or removed any living, disease-free tree of any species having a trunk six (6) inches in caliper or larger, measured four and one-half (4½) feet from the base, in conjunction with any development of land governed by this division until such activity has been approved under the provisions of this division.

b.

No land shall be cleared or altered prior to approval of a development or site plan.

c.

A survey of all trees six (6) inches in caliper or larger within the development area shall be made and submitted in conjunction with the development plan. All trees proposed for removal shall be clearly noted. The tree survey shall be certified either by a licensed land surveyor, registered engineer, or landscape architect.

d.

When preliminary site evaluation by the applicant reveals the ability to accomplish the proposed project without removal of any trees six (6) inches in caliper or larger, the applicant shall submit a written statement that no trees will be removed and the development plan or site plan will indicate "No Large Caliper Tree Removal" as a condition thereof.

e.

Those trees designated for preservation in accordance with the provisions of this Ordinance as shown on the approved landscaping plan shall be protected in accordance with section 33.02-51.(c) of the City Code.

(Ord. No. 6294-06)

Purpose and intent. The purpose and intent of this section are to regulate the use of signage within the Lee Hall Corridor Overlay District; to protect and enhance the visual character of these entrance corridors and surrounding historic sites; to improve pedestrian and traffic safety; and, to minimize visual clutter that is potentially harmful to traffic and pedestrian safety, property values, and community appearance. Signs permitted in the district shall be those set forth in City Code Chapter 33.01, except the following:

(a)

No portable signs are permitted;

(b)

Freestanding signs shall not exceed fifteen (15) feet in height and shall be no more than one hundred (100) square feet in sign area.

(Ord. No. 6294-06)

(a)

Applicability.

(1)

Preliminary review is required for all new subdivision, mixed use, commercial and industrial development, additions and major improvements to existing mixed use, multiple-family commercial and industrial buildings, structures and sites in the Corridor Overlay District prior to development or site plan submittal. All proposals shall be submitted to the department of planning for preliminary review.

(2)

Upon completion of preliminary review, but in no event more than thirty (30) working days after the preliminary plan submittal, staff will provide the developer a formal application form and identify the submittal requirements; provided, however, that no statement or omission in the staff's declaration of submittal requirements shall relieve any developer from the obligation to fully comply with all city requirements.

(3)

After preliminary review, all developers of new residential projects (excepting only individual single-family homes), additions and major improvements to existing buildings, structures and sites proposed in the Corridor Overlay District shall submit a formal application to the director of planning for committee review and approval. To be valid, a final submittal by the developer must be made no less than ten (10) days prior to the next scheduled committee meeting. The committee, as established under subsection (b), shall review the proposal only for conformance to the guidelines and development standards established in sections 45-3166 through 45-3168.

(4)

The committee shall complete its review and file its findings in writing no less than thirty (30) days from final submission. When disapproving a plan or approving a plan with conditions, the committee shall specify the reasons for disapproval or conditional approval and cite those provisions of this chapter, the comprehensive plan, and/or the site plan ordinance that have not been met. Decisions by the review committee may be appealed by any aggrieved party within thirty (30) days to the city council.

(5)

Upon final approval from the committee, the developer shall submit a development or site plan to the director of engineering in accordance with Chapter 33.02, Site Regulations, of the City Code, as amended.

(b)

Submittal requirements for committee review.

(1)

Within the Lee Hall Corridor Overlay District, all development proposals will be reviewed by a review committee, which shall be comprised of the following members or, in the case of city officials, their designees:

a.

Newport News City Manager.

b.

Newport News Director of Planning.

c.

Newport News Director of Development.

d.

Newport News Director of Codes Compliance.

e.

Newport News Museum and Historic Services Administrator.

f.

A member of the city planning commission appointed by the planning commission chairman who will serve as the review committee chairman.

g.

Two (2) citizen members, preferably from the Greater Lee Hall Area, who are residents, business or property owners appointed by the city planning commission.

(2)

A quorum shall consist of five (5) members of the committee.

(3)

All proposals must conform to the guidelines and development standards of the Lee Hall Corridor Overlay District to the maximum extent possible, and to the zoning requirements of the underlying district. No clearing or building permits shall be issued until final project approval by the Lee Hall Corridor Overlay District review committee has been granted.

(4)

The review committee shall meet at least once every month, except when there are no pending applications. Submittals shall include at a minimum an application, site development plan, and a written project description. The site development plan shall be prepared in accordance with City Code Chapter 33.02 Site Regulations.

(b)

Failure of the review committee to act. Should the review committee fail to approve or disapprove the proposed development or site plan within thirty (30) working days from the date of the final plan submission, the application shall be considered to be approved.

(c)

Time requirements. After final approval by the review committee, all approved plans will be effective for a two-year time period and may be renewed for additional one-year increments upon written request to and approval by the review committee.

(d)

Filing fees. A one hundred dollar ($100.00) non-refundable filing fee shall be paid to the city and submitted to the director of planning upon filing of the formal application.

(Ord. No. 6294-06)

Purpose and intent. The purpose of this division is to establish an overlay district known as the Marshall-Ridley Choice Neighborhood Overlay District. The intent of this division is to promote well-planned and designed mixed-use pedestrian oriented development of property within the Marshall-Ridley Choice Neighborhood. This division prescribes standards for construction and reconstruction of buildings and sites within the Overlay District. Regulations for the Marshall-Ridley Choice Neighborhood Overlay District supplement and modify district regulations set forth in other articles.

(Ord. No. 7711-21)

The Marshall-Ridley Choice Neighborhood Overlay District (MRCN): The district boundaries of the Marshall-Ridley Choice Neighborhood Overlay District (MRCN) are established on the Zoning District Map, as amended. (See attached GIS map.)

(Ord. No. 7711-21)

Editor's note— The GIS map is not included herein, but can be found at the office of the city clerk.

(a)

Permitted uses. In the district, buildings or premises may be used for any use normally permitted in the underlying zoning district regulations set forth in article IV, section 45-402. In addition, the following uses shall be permitted as a matter of right (section 45-402 matrix listing shown in parenthesis):

Single-family (B1.1)

Single-family attached (B.2.1)

Housing for older persons—Single-family attached (B.2.2)

Multiple-family (B.3)

Housing for older persons—Multiple family (B.3.1)

Child care center (E.1)

Mixed-use building with any combination of residential, commercial and/or office uses.

(b)

Accessory uses. Any use customarily incidental or accessory to any permitted use is permitted in this district when clearly established as an accessory to a permitted use. However, certain accessory uses may have special requirements or require a special exception. Refer to article V and article XXXII to determine what special requirements may apply.

(Ord. No. 7711-21; Ord. No. 7793-22)

There shall be no minimum lot area, lot dimensions, yard regulations, height regulations, or transitional buffer areas. Notwithstanding the aforementioned allowances, single-family lots shall be no less than five thousand (5,000) square feet with a minimum of fifty (50) feet of public street frontage and minimum of ten-foot front and rear setbacks for the main structure.

(Ord. No. 7711-21)

(a)

On-site parking shall not be required for office and commercial uses.

(b)

Residential units require a minimum of one (1) parking space per dwelling unit located on-site. However, parking for housing for older persons may be reduced in accordance with article XXX, section 45-3004.4.

(c)

Parking for community facilities shall be located off-street.

(d)

Any public parking lot, no more than four hundred (400) feet from the use it serves, may be counted towards the parking requirement for community facility uses.

(e)

All off-street parking shall be located behind buildings or within structures.

(Ord. No. 7711-21)

The development of any site within the Overlay District shall be in accordance with the transformation plan, as adopted by city council on September 8, 2018, and an approved master plan and/or site plan.

(1)

Development or redevelopment of a block or part thereof shall require the submittal of a master plan approved by the director of planning.

a.

The master plan shall be drawn to a readable scale and show the location of all buildings, streets, light fixtures, parking, landscaping, sidewalks or pedestrian ways or other public spaces and other physical improvements, including, but not limited to, location and screening of dumpsters, building elevations, floor area of non-residential space, sign design and materials.

b.

The master plan shall include a landscape plan drawn to scale, which shall show the location of all landscaping materials. Landscaping materials shall be used from an approved list compiled by the director of planning.

c.

The master plan shall include a development program indicating the sequence in which all structures, vehicular and pedestrian circulation systems are to be developed, and a schedule of construction dates indicating the anticipated date of commencement and completion of the project and any phasing of the project, to include a plan for stormwater management on the site.

d.

For any residential or mixed use development that includes residential, the master plan shall indicate the use and number of dwelling units proposed. The master plan shall indicate the use and square footage of any non-residential use.

e.

The master plan submittal shall include all building elevations, to include materials, color, and style.

f.

Mechanical equipment shall not be visible from city rights-of-way.

g.

All utilities, including, but not limited to, all wires, cables, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, telegraph, cable televisions, petroleum, gas, steam, water, or sewer systems, shall be installed underground notwithstanding any provisions of city Code section [chapter] 40.1 to the contrary.

h.

Sustainable building practices shall be encouraged.

i.

Curb-cuts shall not be permitted on Jefferson Avenue.

(Ord. No. 7711-21)

(a)

Prior to review and the issuance of a sign permit by the director of codes compliance, all signs shall be submitted to and approved by the director of planning. The submission shall include: Sign design, location, dimensions of the proposed signs, a drawing to a readable scale, colors, and a description of the sign materials and method of illumination.

(b)

Signs permitted in the district shall be those set forth in chapter 33.01, Newport News City Code, except those specifically prohibited by this article.

(c)

Freestanding signs are prohibited.

(Ord. No. 7711-21)

The purpose of this article is to establish district regulations for public community facility centers and resource areas developed in accordance with a master development plan.

(Ord. No. 7846-22)

Editor's note— Ord. No. 7846-22, adopted Oct. 25, 2022, set out provisions intended for use as § 45-3201. Inasmuch as there were already provisions so designated, said section has been codified herein as § 45-3191 at the discretion of the editor.

The district boundaries of the Southeast Community Resource Area Overlay District (SECRA) are established on the Zoning District Map, as amended.

(Ord. No. 7846-22)

Editor's note— Ord. No. 7846-22, adopted Oct. 25, 2022, set out provisions intended for use as § 45-3202. Inasmuch as there were already provisions so designated, said section has been codified herein as § 45-3192 at the discretion of the editor.

(a)

Principal uses. Principal uses permitted in the P1 Park district, as set forth in Article IV, section 45-402, are permitted in SECRA. In addition, a library use is permitted as a matter of right.

(b)

Accessory uses. Generally, uses accessory to principal uses allowed in this district are permitted. However, certain accessory uses may have special requirements or require a special exception. Refer to Article V, and Article XXXII to determine what special requirements may apply.

(Ord. No. 7846-22)

Editor's note— Ord. No. 7846-22, adopted Oct. 25, 2022, set out provisions intended for use as § 45-3203. Inasmuch as there were already provisions so designated, said section has been codified herein as § 45-3193 at the discretion of the editor.

There shall be no minimum lot area, lot dimensions, yard regulations, height regulations, or transitional buffer areas.

(Ord. No. 7846-22)

Editor's note— Ord. No. 7846-22, adopted Oct. 25, 2022, set out provisions intended for use as § 45-3204. Inasmuch as there were already provisions so designated, said section has been codified herein as § 45-3194 at the discretion of the editor.

Parking spaces shall be as required by the approved master plan.

(Ord. No. 7846-22)

Editor's note— Ord. No. 7846-22, adopted Oct. 25, 2022, set out provisions intended for use as § 45-3205. Inasmuch as there were already provisions so designated, said section has been codified herein as § 45-3195 at the discretion of the editor.

Development or redevelopment of a publically owned block or part thereof shall require the submittal of a master plan approved by the director of planning.

(1)

The master plan shall be drawn to a readable scale and show the location of all buildings, streets, light fixtures, parking, landscaping, sidewalks or pedestrian ways or other public spaces and other physical improvements, including, but not limited to, location and screening of dumpsters, floor area of non-residential space, sign design and materials.

(2)

The master plan shall include a landscape plan drawn to scale, which shall show the location of all landscaping materials.

(3)

The master plan shall include a development program indicating the sequence in which all structures, vehicular and pedestrian circulation systems are to be developed, and a schedule of construction dates indicating the anticipated date of commencement and completion of the project and any phasing of the project, to include a plan for stormwater management on the site.

(4)

The master plan submittal shall include all building elevations, to include materials, colors, and style.

(5)

Mechanical equipment shall not be visible from city rights-of-way.

(6)

All utilities, including, but not limited to, all wires, cables, fiber optic, pipes, conduits and appurtenant equipment, carrying or used in connection with the furnishing of electric power, telephone, cable, gas, water, or sewer systems, shall be installed underground notwithstanding any provisions of chapter 40.1 of this Code to the contrary.

(7)

Sustainable building practices shall be encouraged.

(8)

Solar panels shall only be permitted on roofs of buildings.

(Ord. No. 7846-22)

Editor's note— Ord. No. 7846-22, adopted Oct. 25, 2022, set out provisions intended for use as § 45-3206. Inasmuch as there were already provisions so designated, said section has been codified herein as § 45-3196 at the discretion of the editor.

(a)

Prior to the review and issuance of a sign permit by the director of codes compliance, all signs shall be submitted to and approved by the director of planning. The submission shall include: sign design, location, dimensions of the proposed signs, a drawing to a readable scale, colors, and a description of the sign materials and method of illumination.

(b)

Signs permitted in the district shall be those set forth in chapter 33.01, Newport News City Code, except those specifically prohibited by this article.

(c)

Freestanding signs are prohibited unless an exemption by the director of planning is granted.

(Ord. No. 7846-22)

Editor's note— Ord. No. 7846-22, adopted Oct. 25, 2022, set out provisions intended for use as § 45-3207. Inasmuch as there were already provisions so designated, said section has been codified herein as § 45-3197 at the discretion of the editor.

Purpose and intent. The purpose of this division is to establish an overlay district known as the Chestnut Avenue Corridor Overlay District to encourage uses which lead to their continuance, conservation, and improvement in a manner appropriate to the preservation of the historic character of the corridor. The intent of this division is to promote well-planned and designed mixed-use development along the Chestnut Avenue commercial corridor. This division prescribes standards for construction and reconstruction of buildings and sites within the Overlay District. Regulations for the Chestnut Avenue Corridor Overlay District supplement and modify district regulations set forth in other articles.

(Ord. No. 8029-24, § 1)

The district boundaries of the Chestnut Avenue Corridor Overlay District are established on the Zoning District Map, as amended.

(Ord. No. 8029-24, § 1)

(a)

Permitted uses. In the district, buildings or premises may be used for any use normally permitted in the underlying zoning district regulations set forth in article IV, section 45-402. In addition, the following uses shall be permitted as a matter of right (section 45-402 matrix listing shown in parenthesis):

Single-family attached (B.2.1)

Housing for older persons—Single-family attached (B.2.2)

Multiple family (B.3)

Housing for older persons—Multiple family (B.3.1)

High rise apartment (B.4)

Bed & breakfast (B.11)

Mixed-use building with any combination of residential, commercial and/or office uses.

(b)

Accessory uses. Any use customarily incidental or accessory to any permitted use is permitted in this district when clearly established as an accessory to a permitted use. However, certain accessory uses may have special requirements or require a special exception. Refer to article V and article XXXII to determine what special requirements may apply.

(Ord. No. 8029-24, § 1)

There shall be no minimum lot area, lot dimensions, yard regulations, height regulations, or transitional buffer areas.

(Ord. No. 8029-24, § 1)

To conserve the property values and promote an orderly development in this district, no building permit or other permit for construction or exterior alteration of any building or structure shall be issued prior to the review and approval of the director of planning or designee.

(a)

New developments shall submit a site plan and building plans drawn at a readable scale that show the location of all physical improvements. Building plans shall include all exterior materials and colors and sign design if applicable. Site plans shall show the location of all buildings, sidewalks or pedestrian ways or other public spaces and other physical improvements, including but not limited to, landscaping light fixtures, location and screening of any parking areas and dumpsters.

(b)

Building plans for modifications to existing structures shall be drawn at a readable scale, include design, materials, colors of all exterior finishes, and any proposed signs.

(c)

For any residential or mixed-use development that includes residential, the site/building plans shall indicate the use and number of dwelling units proposed. The site/building plans shall indicate the use and square footage of any non-residential use.

(d)

Mechanical equipment shall not be visible from city rights-of-way.

(Ord. No. 8029-24, § 1)

(a)

Prior to review and the issuance of a sign permit by the director of codes compliance, all signs shall be submitted to and approved by the director of planning. The submission shall include sign design, location, dimensions of the proposed signs, a drawing to a readable scale, colors and a description of the sign materials and method of illumination. Such signs shall be compatible with the architecture of the structures.

(b)

Signs permitted in the district shall be those set forth in Chapter 33.01, Newport News City Code, except those specifically prohibited by this chapter.

(c)

Freestanding signs are prohibited.

(Ord. No. 8029-24, § 1)