Ocean View City Zoning Code
ARTICLE VI
Additional Use and Dimensional Regulations
§ 140-34 Street access required.
§ 140-35 Decks and patios on residential properties.
A.
Decks.
(1)
Definition. A "deck" is an accessory use consisting of an unroofed platform supported by pillars or posts and is either freestanding or attached to a building.
(2)
Permitted locations.
(a)
Front or side yard location. A deck attached to a principal building or structure shall be subject to the same front and side setback standards as the principal building to which it is attached. It may not project into a required front or side yard.
(b)
Rear yard location. A deck attached to a building or structure shall be subject to the same rear setback standard as the principal building to which it is attached. It may project no more than 10 feet into a required rear yard setback as long as the maximum height from grade does not exceed 24 inches.
(3)
Coverage. All decks shall be included in the maximum permitted building coverage for principal buildings and structures.
B.
Patios.
(1)
Definition. A "patio" is a level, surfaced area that is at the finished grade, not covered by a permanent roof, and is either freestanding or directly adjoining a building.
(2)
Permitted locations.
(a)
Front yard location. A patio shall be subject to the same front building setback standard as the principal building with which it is associated. It may not project into a required front yard.
(b)
Side yard location. A patio may project into a required side yard setback as long as it is placed no closer than 10 feet to any lot line.
(c)
Rear yard location. A patio may project into a required rear yard setback as long as it is placed no closer than 10 feet to any lot line.
(3)
Placement: 10 feet from any property line.
(4)
Coverage. The area of the patio shall be included in the maximum permitted building coverage for principal buildings and structures.
§ 140-36 Design standards in GB-1 District.
It is the intent of the Town of Ocean View that developers in the GB-1 Zoning District consider utilizing the Town of Ocean View Route 26 Corridor Development Design Standards document which is available upon request from the Administrative Official.
§ 140-37 Farming operations.
§ 140-38 Fences, walls, hedges and shrubbery.
A.
Setback. The building line and yard setback requirements of this chapter shall not apply to fences, walls, hedges, or shrubbery.
C.
Nonresidential areas.
(1)
Applicability: properties used for other than residential purposes.
(2)
Maximum height: six feet.
(3)
Height increases permitted. In nonresidential zones, the Planning and Zoning Commission may authorize, without a variance, increases in fence heights in the side and rear yards as indicated in the standards governing height limitations. In doing so, the Planning and Zoning Commission must make a finding that safety concerns or the nature of a particular use indicates a need for a fence higher than the standards provided for in this section.
§ 140-39 Height limit exemptions.
The height limitations of this chapter do not apply to appurtenances usually required to be placed above the roof level and not intended for human occupancy except where they would be a hazard to aircraft flight operations. Such appurtenances include, but are not limited to, the following:
§ 140-40 Home-based businesses.
A.
Definition. A "home-based business" is any business, occupation, or activity undertaken for gain within a residential structure that is incidental and secondary to the use of that structure as a dwelling unit.
B.
All home-based businesses are required to obtain business licenses from the Town.
C.
Permitted home-based businesses.
(1)
Offices for professionals, including architects, brokers, counselors, clergy, drafts persons and cartographers, engineers, insurance agents, lawyers, real estate agents, accountants, editors, publishers, journalists, psychologists, social workers, contract managers, graphic designers, construction contractors, landscape designers, surveyors, cleaning services personnel, salespersons, manufacturers' representatives, travel agents, and similar uses.
(2)
Workrooms for tailors, dressmakers, milliners, and craft persons, including weaving, lapidary, jewelry making, cabinetry, woodworking, and similar uses.
(3)
Repair services including watches and clocks, small appliances, computers, electronic devices, lawn mowers, small engines, similar uses.
D.
Prohibited home-based businesses.
(1)
Adult entertainment.
(2)
Barber and beauty schools.
(3)
Day-care centers for adults or children.
(4)
Funeral homes and undertaking establishments.
(5)
Group instruction, assembly, or similar activity.
(6)
Kennels, stables, veterinary clinics, and hospitals.
(7)
Medical clinics and offices, dental clinics and offices, hospitals.
(8)
Nursing homes, convalescent homes, hospitals, or similar establishments.
(9)
Restaurants, bars, nightclubs.
(10)
Tearooms.
E.
Operational standards.
(1)
General. Businesses such as those listed in the previous subsection shall be considered as operating within the home-based business standards as long as they do not cause undue traffic congestion and comply with the standards governing equipment used or operated by home-based businesses.
(2)
Operating hours. Customer and client visits to the home-based business are limited to the hours from 8:00 a.m. to 6:00 p.m.
F.
Equipment. The operation of the home-based business, including equipment used therein, shall not:
(1)
Create any vibrations, heat, glare, dust, odors, or smoke that can be detected outside of the dwelling in which the home-based business is conducted.
(2)
Generate noise that violates any law, Town ordinance, or regulation pertaining to noise.
(3)
Create any electrical, magnetic, or other interference off the premises.
(4)
Consume utility quantities that negatively impact the delivery of those utilities to surrounding properties.
(5)
Use and/or store hazardous materials in excess of quantities permitted in residential structures.
H.
Signs. There shall be no signs or outside display of products.
I.
External alterations prohibited. There shall be no exterior alterations inconsistent with the residential character of the structure.
J.
Outdoor storage and work prohibited.
§ 140-41 Residential Manufactured Home (RMH) Zone.
A.
Permitted principal use: manufactured home park, provided that the following conditions are met:
(1)
The entire tract occupied by a manufactured home park shall be maintained in single ownership throughout the entire life of the manufactured home park.
(2)
At least 20 manufactured home stands shall be completed and ready for occupancy before the first manufactured home is permitted on the premises.
(3)
No manufactured home stand shall be leased or occupied for residential use of a manufactured home except for periods of 30 consecutive days or more.
(4)
Access to each manufactured home lot shall be from an internal, private street and not from any public street.
B.
Permitted accessory uses.
(1)
Awnings or porches and one storage building for individual manufactured home sites.
(2)
Residence for owner, manager, or caretaker of the park.
(4)
Outdoor community recreational facilities, including playgrounds, swimming pool and tennis courts, intended only for the use of park residents and guests.
§ 140-42 Restaurants.
A.
A restaurant shall be advertised as such, and the word "restaurant" shall be used on the menu, in all outside advertising, and in the trade name.
B.
Seating arrangement standards.
(1)
A minimum seating and tables for dining of not less than 10 persons shall be provided.
(2)
A minimum of 85% of the patron area, excluding restrooms, shall be permanently committed to seated dining.
(3)
All tables and chairs, booths, benches, and other seated dining arrangements shall be maintained and located in an accessible and usable configuration at all times.
C.
Alcoholic beverage service.
(1)
No portion of the patron area shall be designated, designed, or permitted to be used for the stand-up consumption of alcoholic beverages.
(2)
No alcoholic beverages may be served or consumed outdoors, except in those portions of the outdoor patron area designated, designed or used for seated dining.
(3)
In those portions of the indoor patron area designated, designed or used for seated dining, alcoholic beverages may be served to seated dining patrons only.
(4)
No more than one service bar shall be permitted for each 750 square feet of seated dining area.
(5)
A restaurant shall not sell or dispense alcoholic beverages for consumption on the premises between the hours of 1:00 a.m. and 9:00 a.m.
[Amended 10-14-2014 by Ord. No. 312]
(6)
A restaurant shall not permit the consumption of any alcoholic beverages on the premises between the hours of 1:30 a.m. and 9:00 a.m.
[Amended 10-14-2014 by Ord. No. 312]
D.
Waiting area bar. An area may be designated a waiting area bar for the purpose of accommodating patrons awaiting seating in patron areas. No waiting area bar shall:
[Added 11-13-2012 by Ord. No. 297]
(1)
Exceed, in the aggregate, 40 lineal feet from end to end.
(2)
Exceed 450 square feet of patron area, including all cabinets, counters, and the floor area behind the bar and four feet distant from the patron side thereof.
(3)
Have seating that exceeds the smaller of 15% of the restaurant's total seating capacity or a twenty-four-inch space-per-seat requirement
(4)
Be located in any outside seating area.
§ 140-42.1 Brewpub.
[Added 7-12-2016 by Ord. No. 330]
In addition to all other applicable standards of the zoning district, an establishment that meets the definition of a brewpub shall comply with the following:
A.
Revenue from food sales shall constitute more than 50% of the total business revenues;
B.
No more than 50% of the total gross floor area of the establishment shall be used for the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;
C.
Where permitted by local ordinance, state and federal law, retail carryout sale of beer produced on the premises shall be allowed in specialty containers holding no more than a United States gallon (3,785 ml/128 U.S. fluid ounces). These containers are commonly referred to as growlers;
D.
Brewpubs may sell beer in keg containers larger than a United States gallon (3,785 ml/128 U.S. fluid ounces) for the following purposes and in the following amounts:
(1)
An unlimited number of kegs for special events, the primary purpose of which is the exposition of beers brewed by brewpubs and microbreweries, which include the participation of at least three such brewers;
(2)
An unlimited number of kegs for Town cosponsored events where the purpose of the event is not for commercial profit and where the beer is not wholesaled to the event cosponsor, but is instead dispensed by employees of the brewpub.
E.
All mechanical equipment visible from the street (excluding alleys) or an adjacent residential use or residential zoning district shall be screened;
F.
Access and loading bays shall not face toward any street, excluding alleys;
G.
Access and loading bays facing an adjacent residential use or residential zoning district shall have the doors closed at all times, except during the movement of raw materials, other supplies, and finished products into and out of the building;
H.
Service trucks, for the purpose of loading and unloading materials and equipment, shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday, and between 11:00 a.m. and 7:00 p.m. on Sundays and national holidays;
I.
No outdoor storage shall be allowed. This prohibition includes the use of fixed or portable storage units, cargo containers and tractor trailers.
§ 140-42.2 Woodworking shop.
[Added 9-12-2017 by Ord. No. 341]
In addition to all other applicable standards of the zoning district, an establishment that meets the definition of a woodworking shop shall comply with the following:
A.
The use shall be conducted within a completely enclosed building with no open storage of raw, in-process or finished material.
B.
Open storage. Supplies or waste may be stored in the open if screened from the street by landscaping, fences or walks, provided that:
C.
Distance from residential zones. The Board of Adjustment may require that any detached, accessory building or structure be located a greater distance from any residential district boundary than required elsewhere in this Land Use and Development Code.
D.
Loading operations.
(1)
No loading operations shall be conducted on any portion of the property abutting any residential district boundary.
(2)
No loading operations shall be conducted in the required front yard.
(3)
Service drives or other access shall be provided for off-street loading and in such a way that, in the process of loading or unloading, no truck or other type of vehicle will block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation.
E.
All fencing shall comply with other applicable sections of this Land Use and Development Code, shall have a uniform and durable character, and shall be properly maintained.
F.
Hours of operation. Hours of operation shall be limited as follows:
G.
Revisions, modifications, changes and additions to approved application. Any revisions, modifications, changes and additions to an application shall be approved by the Board of Adjustment and shall be subject to all applicable sections of this Land Use and Development Code.
§ 140-42.3 Wildlife educational center.
[Added 9-12-2017 by Ord. No. 342]
In addition to all other applicable standards of the zoning district, an establishment that meets the definition of a wildlife educational center shall comply with the following:
A.
Compliance with other codes required. Every wildlife educational center shall comply with all other applicable standards, laws, and regulations of Ocean View and applicable outside agencies at the county, state, and federal levels, in addition to the provisions of this Land Use and Development Code.
C.
When approving activities and facilities outside of an enclosed building, the Board of Adjustment shall consider the effect on adjoining uses.
D.
Fencing required.
(1)
A fence shall be installed around the area of the property where the activities of the wildlife educational center take place.
(2)
Height and fencing materials shall be approved by the Board of Adjustment to ensure that it is appropriate for this use.
(3)
All fencing shall comply with other applicable sections of this Land Use and Development Code, shall have a uniform and durable character, and shall be properly maintained.
E.
Hours of operation. Hours of operation shall be limited to between the hours of 9:00 a.m. and 7:00 p.m.
F.
Revisions, modifications, changes and additions to approved application. Any revisions, modifications, changes and additions to an approved application shall be approved by the Board of Adjustment and shall be subject to all applicable sections of this Land Use and Development Code.
§ 140-42.4 Miniature golf courses.
[Added 10-9-2018 by Ord. No. 352]
In addition to all other applicable standards of the zoning district, a miniature golf course shall comply with the following:
A.
Compliance with other codes required. Every miniature golf course shall comply with all other applicable standards, laws, and regulations of Ocean View, in addition to the provisions of this Land Use and Development code.
B.
When approving activities and facilities outside of an enclosed building, the Board of Adjustment shall consider the effect on adjoining uses.
C.
Hours of operation. Hours of operation shall be limited to between the hours of 9:00 a.m. and 11:00 p.m.
D.
All lights shall be shielded to reflect or direct light away from adjoining residential property.
E.
Revisions, modifications, changes, additions to approved application. Any revisions, modifications, changes, additions to an approved application shall be approved by the Board of Adjustment and shall be subject to all applicable sections of this Land Use and Development code.
§ 140-43 Setback regulation for properties in proposed rights-of-way.
When a property is adjacent to a proposed right-of-way for a future road, the applicable setback shall be as set forth in the chapter plus the distance needed to accommodate the right-of-way for the proposed road.
§ 140-44 Townhouses.
A.
The facades of the townhouses in each townhouse row (which consists of a maximum of six townhouses) shall be varied in architectural treatment and roof lines.
B.
No more than two adjacent townhouses shall have the same front building line.
C.
The variation in the building line shall be at least two feet.
D.
When the rear lot lines of townhouses abut one another, a twenty-foot wide alley shall be provided.
E.
Townhouses constructed on lots of record shall front on a public street or common open area.
§ 140-45 Obstructions at intersections and in street right-of-way.
See Figure 2.
A.
Visibility at intersections in residential districts. On a corner lot in any residential district, nothing shall be erected, placed, planted or allowed to grow in such a manner as materially to impede vision between a height of 2.5 and 10 feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said street lines 50 feet from the point of the intersection.
B.
Nothing shall be placed in the street right-of-way without the approval of the Town except for items whose removal and replacement would be the responsibility of the homeowner should work in the right-of-way be required, including, but not limited to, driveways, mailboxes, and trash receptacles.
Figure 2. Sight Triangle and Street Right-of-Way  |
§ 140-45.1 Microbrewery.
[Added 7-12-2016 by Ord. No. 330]
In addition to all other applicable standards of the zoning district, an establishment that meets the definition of a microbrewery shall comply with the following:
A.
The microbrewery shall produce no more than 15,000 barrels (465,000 U.S. gallons/17,602.16 hectoliters) of beer per year;
B.
This use shall be permitted only in conjunction with a restaurant, tasting room or retail sales and service:
(1)
No more than 75% of the total gross floor space of the establishment shall be used for the microbrewery function, including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;
(2)
The facade of any accessory use(s) shall be oriented toward the street, excluding alleys, and if located in a shopping center, to the common space where the public can access the use;
(3)
Pedestrian connections shall be provided between the public sidewalks and the primary entrance(s) to any accessory use(s).
C.
All mechanical equipment visible from the street (excluding alleys) or any adjacent residential use or residential zoning district shall be screened using architectural features consistent with the principal structure;
D.
Access and loading bays shall not face toward any street, excluding alleys;
E.
Access and loading bays facing any adjacent residential use or residential zoning district shall have the doors closed at all times, except during the movement of raw materials, other supplies and finished products into and out of the building;
F.
Service trucks for the purpose of loading and unloading materials and equipment shall be restricted to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday, and between 11:00 a.m. and 7:00 p.m. on Sundays and national holidays;
G.
No outdoor storage shall be allowed, including the use of fixed or portable storage units, cargo containers and tractor trailers, except as follows: spent or used grain, which is a natural byproduct of the brewing process, may be stored outdoors for a period of time not to exceed 24 hours. The temporary storage area of spent or used grain shall be:
(1)
Designated on the approved site plan;
(2)
Permitted within the interior side or rear yard or within the minimum building setbacks;
(3)
Prohibited within any yard abutting a residential use or residential zoning district;
(4)
Fully enclosed within a suitable container, secured and screened behind a solid, opaque fence or wall measuring a minimum of five feet in height.