This ordinance may be known, designated and cited as the "City Zoning Ordinance of the City of Virginia Beach."

This ordinance is enacted to promote and protect the health, safety and general welfare of the people of the city. It is the intention of the city council that the provisions of this ordinance will implement the purpose and intent of the comprehensive plan of the city by encouraging the most desirable use of the land for residential, recreational, agricultural, forestry, commercial, industrial, conservation, public service, floodplain, drainage, and other purposes, and the most desirable density of population in the several parts of the city, and by encouraging the most appropriate use and occupancy of buildings, and by protecting and improving the quality of the waters within and adjacent to the city, and by promoting good civic design and arrangement. The provisions of this ordinance provide reasonable standards with respect to the location, height, bulk, size of buildings, and other structures, yard areas, courts, off-street parking facilities and other open spaces, density of population, and the use of buildings, structures, and land for trade, industry, business, residence, or other purposes.

(Ord. No. 2007, 11-6-90)

(a)

In order to carry out the purposes and provisions of this ordinance, the following districts are hereby established:

(1)

Preservation District. The Preservation District shall consist of:

P-1 Preservation District

(2)

Agricultural Districts. The Agricultural Districts shall consist of:

AG-1 Agricultural District

AG-2 Agricultural District

(3)

Residential Districts. Residential Districts shall consist of:

R-40 Residential District

R-30 Residential District

R-20 Residential District

R-15 Residential District

R-10 Residential District

R-7.5 Residential District

R-5D Residential District

R-5R Residential District

R-5S Residential District

R-2.5 Residential Townhouse District

(4)

Apartment Districts. Apartment Districts shall consist of:

A-12 Apartment District

A-18 Apartment District

A-24 Apartment District

A-36 Apartment District

(5)

Hotel District. The Hotel District shall consist of:

H-1 Hotel District

(6)

Office Districts. The Office Districts shall consist of:

O-1 Office District

O-2 Office District

(7)

Business Districts. Business Districts shall consist of:

B-1 Neighborhood Business District

B-1A Limited Community Business District

B-2 Community Business District

B-3 Central Business District

B-4 Mixed Use District

B-4C Central Business Mixed Use District

B-4K Historic Kempsville Area Mixed Use District

(8)

Industrial Districts. Industrial Districts shall consist of:

I-1 Light Industrial District

I-2 Heavy Industrial District

(9)

[Reserved]

(10)

Planned Development Districts. The Planned Development Districts shall consist of:

PD-H1 Planned Unit Development District

PD-H2 Planned Unit Development District

(11)

Historic and Cultural District. The Historic and Cultural District shall consist of:

Historic and Cultural District

(12)

Resort Tourist Districts. The Resort Tourist Districts shall consist of:

RT-4 Resort Tourist District

RT-3 Resort Tourist District

RT-1 Resort Tourist District

(13)

Districts Implementing Strategic Growth Area Plans. The districts intended to implement Strategic Growth Area Plans shall consist of:

(1)

OR Oceanfront Resort District; and

(2)

CBC Central Business Core District.

(a1)

There are hereby established the following overlay districts:

(1)

Shore Drive Corridor Overlay District ("SD");

(2)

North End Overlay District ("NE");

(3)

Old Beach Overlay District ("OB");

(4)

Historic Kempsville Area Overlay District ("HK");

(5)

Workforce Housing Overlay District ("WF");

(6)

Short-term Rental Overlay District ("STR");

a.

Oceanfront Resort ("STR-OR"); and

(7)

Pembroke SGA Overlay District—Western Campus.

Such districts shall be designated on the official zoning map by an appropriate notation following the designation of the underlying zoning district. As an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be designated on the official zoning map as having the classification "B-4(SD)."

(b)

Official zoning map. The City of Virginia Beach is divided into zones or districts, as shown on the official zoning map, which, together with all explanatory matter thereon, shall be a part of this ordinance. Said map is composed of a series of sheets in the official zoning atlas, properly identified as such, which shall be on file in the office of the planning director, and shall be the official record of zoning status of areas within the city.

(1)

Recording amendments to the official zoning map. On the effective date of any map amendment or upon the satisfactory compliance with the conditions imposed, the change shall be posted on the zoning map by the planning director and records accompanying the map shall identify the official action by which such amendment was made, the date of such action, the area involved and the date of posting.

(2)

Unauthorized changes in zoning map prohibited. No changes of any nature shall be made in the official zoning map or any matter shown thereon except in conformity with the procedures and requirements of this ordinance. It shall be unlawful for any person to make any unauthorized change in the official zoning map. Any violation of this section shall be punishable as provided in section 104 and as otherwise provided by law.

(3)

Replacement of official zoning map. In the event that the official zoning map or any portion thereof becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map or portion thereof which shall supersede the prior map or portion. The new official zoning map may correct drafting or other errors or omissions in the prior map, but no map adopted by resolution shall have the effect of amending the official zoning map, which shall be amended only as provided herein, and in accord with general law. The replacement shall be properly identified as such, with date of the resolution of city council. Unless the prior official zoning map or portion thereof has been lost or totally destroyed, any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(4)

Interpretation of district boundaries. In constructing the official zoning map, the following rules shall apply:

(i)

Centerlines as boundaries. Where district boundaries appear to follow centerlines of streets, alleys, easements, railroads and the like, they shall be construed as following such centerlines.

(ii)

Property lines and the like as boundaries. Where district boundaries appear to follow street, lot, property or similar lines, they shall be construed as following such lines.

(iii)

Boundaries in or adjacent to bodies of water. Where district boundaries appear to follow shorelines or centerlines of bodies of water, they shall be construed as following such shorelines or centerlines. In case of change in shorelines or of the course or extent of water, the boundaries shall be construed as moving with the change. Boundaries indicated as entering any body of water, but not continuing to intersect with other zoning boundaries or with the limits of jurisdiction of the city shall be construed as extending in the direction in which they enter the body of water to intersect with other zoning boundaries or with the limits of jurisdiction.

(iv)

Boundaries indicated as parallel to or extensions of features listed. Where district boundaries are indicated as parallel to or extensions of features listed above, they shall be so construed.

(v)

Dimensions. Where dimensions are not otherwise indicated on the official zoning map, the scale of the map shall govern.

(vi)

Variation of actual location from mapped location. Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, the actual location shall govern.

(5)

Limitations of application of rules above. Notwithstanding the provisions of subsection (4)(i) through (vi) above, no interpretation shall be made which changes the zoning status of a lot or parcel.

(6)

Action in cases of uncertainty. Where the rules above fail to clarify the status of land in a particular case, the planning director, as agent of the planning commission, shall interpret in such a manner as to carry out the intent and purpose of this ordinance. Appeal from the interpretation of the planning director in such cases shall be to the board of zoning appeals, as provided in the Code of Virginia, Title 15.2, Chapter 22, Section 15.2-2309(1).

(7)

Unclassified areas. Unless areas are classified on the official zoning map, or classification can be established by the rules above, such areas shall be considered to be classified as agricultural (AG-1) until rezoned by city council.

(c)

Uses allowed. No use shall be allowed in any zoning district except those which may be allowed as principal uses, conditional uses, and accessory uses; provided, however, that no uses shall be allowed in resource protection areas except as may be permitted by applicable provisions of the Chesapeake Bay Preservation Area Ordinance [Appendix F].

(Ord. No. 2007, 11-6-90; Ord. No. 2017, 11-27-90; Ord. No. 2354, 11-28-95; Ord. No 2472, 2-24-98; Ord. No. 2511, 10-13-98; Ord. No. 2837, 8-10-04; Ord. No. 2844, 10-12-04; Ord. No. 2911, 12-20-05; Ord. No. 2915, 1-24-06; Ord. No. 2997, 8-28-07; Ord. No. 3247, 7-10-12; Ord. No. 3328, 2-25-14; Ord. No. 3431, 11-17-15; Ord. No. 3578, 1-15-19; Ord. No. 3673, 9-7-21; Ord. No. 3743, 6-6-23)

(a)

The zoning administrator shall have all necessary authority on behalf of the city council to administer and enforce this ordinance, including the ordering in writing of the remedying of any condition found in violation of this ordinance, and the bringing of legal action to ensure compliance with this ordinance, including injunction, abatement or other appropriate action or proceeding authorized by this ordinance or the laws of this state.

(b)

Reserved.

(c)

The zoning administrator shall be responsible for determining whether applications for building permits as required by the building code are in accord with the requirements of the zoning ordinance, and no building permit shall be issued without certification that plans conform to applicable zoning regulations.

(d)

No permit for excavation or construction shall be issued before the zoning administrator certifies that the plans, specifications and intended use conform to the provisions of this ordinance.

(e)

No person shall use or permit the use of any structure or premises or part thereof hereafter created, erected, changed, converted, enlarged, or moved, wholly or partly, in use or structure, until a certificate of occupancy reflecting use, extent and location shall have been issued to the owner by the zoning administrator.

(f)

Such certificate shall show that the structure or use or both, or the affected parts thereof, are on conformity with the provisions of this ordinance, and the zoning administrator shall issue such certificate if he finds that all of the requirements of this ordinance have been met, and shall withhold such certificate unless all requirements of the ordinance have been met.

(g)

A temporary certificate of occupancy may be issued by the zoning administrator for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion if he finds that such occupancy, with such conditions and safeguards as he may establish as required by the circumstances of the particular case, will not endanger public health. The zoning administrator may reissue a temporary certificate of occupancy for an additional period not exceeding six (6) months, however, in no case shall occupancy be allowed to continue under a temporary certificate of occupancy for a period exceeding one (1) year.

(h)

Applications for certificates of occupancy shall be accompanied by a fee of ten dollars ($10.00).

(i)

Upon written request and the payment of a fee of fifty dollars ($50.00), the zoning administrator shall issue a zoning verification letter indicating the zoning designation of a particular parcel or parcels of land as shown on the official zoning map.

(j)

The zoning administrator shall maintain records of all official actions of his office.

(k)

The zoning administrator or his agent may present sworn testimony to a magistrate or court of competent jurisdiction and, if such sworn testimony establishes probable cause that a zoning ordinance violation has occurred, request that the magistrate or court grant the zoning administrator or his agent an inspection warrant to enable the zoning administrator or his agent to enter the subject dwelling for the purpose of determining whether violations of the zoning ordinance exist. The zoning administrator or his agent shall make a reasonable effort to obtain consent from the owner or tenant of the subject dwelling prior to seeking the issuance of an inspection warrant.

(l)

The zoning administrator shall provide written notice to the owner of any real property that is the subject of a request for a written order, requirement, decision, or determination of the zoning administrator. Such notice shall be given by the zoning administrator or by the applicant on forms provided by the zoning administrator within ten (10) days of the date of the request. The appeal period for such order, requirement, decision or determination shall not commence until the notice is sent by registered or certified mail to, or posted at, the last known address or usual place of abode of the property owner or its registered agent, if any. There is a rebuttable presumption that the property owner's last known address is that shown on the current real estate tax assessment records, or the address of a registered agent that is shown in the records of the Clerk of the State Corporation Commission.

(m)

The zoning administrator is authorized to grant a modification of up to five (5) percent of any provision contained in the zoning ordinance with respect to physical requirements on a lot or parcel of land, including but not limited to size, height, location or features of or related to any building, structure, or improvements, if the administrator finds in writing that:

(i)

The strict application of the ordinance would produce undue hardship;

(ii)

Such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and

(iii)

The authorization of the modification will not be of substantial detriment to adjacent property and the character of the zoning district will not be changed by the granting of the modification.

Prior to the granting of a modification, the zoning administrator shall give all adjoining property owners written notice of the request for modification, and an opportunity to respond to the request within 21 days of the date of the notice. A sign shall be posted on the property subject to the modification from the application date, for thirty (30) days. The zoning administrator shall decide on the application for modification and issue a written decision with a copy provided to the applicant and any adjoining landowner who responded in writing to the notice sent pursuant to this paragraph. The decision of the zoning administrator shall constitute a decision within the purview of F.S. § 15.2-2311 and may be appealed to the board of zoning appeals. Decisions of the board of zoning appeals may be appealed to the circuit court as provided by F.S. § 15.2-2314.

Every application for a modification shall be sent to the Zoning Administrator and accompanied by a fee of two hundred dollars ($200.00). Such fee shall include all costs of staff resources and notification. Each lot upon which a modification is requested shall be subject of a separate application and fee.

(Ord. No. 2641, 5-15-01; Ord. No. 2712, 7-9-02; Ord. No. 2891, 7-5-05; Ord. No. 3040, 7-1-08; Ord. No. 3183, 6-14-11, eff. 7-1-11; Ord. No. 3513, 7-11-17; Ord. No. 3592, 6-18-19, eff. 7-1-19; Ord. No. 3775, 6-4-24)

(a)

Except as provided in subsection (b), any person who violates any of the provisions of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00). If the violation is uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in compliance with this ordinance, within a time period established by the court. Failure to remove or abate a violation within the specified time period shall constitute a separate misdemeanor offense punishable by a fine of not more than one thousand dollars ($1,000.00); and any such failure during a succeeding ten-day period shall constitute a separate misdemeanor offense punishable by a fine of not more than one thousand five hundred dollars ($1,500.00); and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of not more than two thousand dollars ($2,000.00). However, any conviction resulting from a violation of provisions regulating the storage or disposal of nonagricultural excavation material, waste, and debris shall be punishable by a fine of two thousand dollars ($2,000.00). Failure to abate the violation within the specified time period shall be punishable by a fine of five thousand dollars ($5,000.00), and any such failure during any succeeding ten-day period shall constitute a separate misdemeanor offense for each ten-day period punishable by a fine of seven thousand five hundred dollars ($7,500.00).

(b)

Any person who violates any provision of Part B of Article 2, of the City Zoning Ordinance hereof shall be assessed a civil penalty in the amount of two hundred dollars ($200.00) for the initial summons and not more than five hundred dollars ($500.00) for each additional summons. However, for any repeat violation on property that is zoned or used for multifamily residential purposes, the penalty shall be not more than: (i) one thousand dollars ($1,000.00) for a second violation; and (ii) one thousand five hundred dollars ($1,500.00) for a third or subsequent violation, not to exceed an aggregate amount of six thousand dollars ($6,000.00) for all such violations within a twelve-month period. The assessment of a civil penalty shall not preclude the institution of a civil action by the zoning administrator pursuant to Section 103(a) of this ordinance, but no such violation shall, unless it results in injury to any person, be prosecuted as a criminal misdemeanor, provided however that when such civil penalties total five thousand dollars ($5,000.00) or more, the violation may be prosecuted as a criminal misdemeanor.

(c)

The zoning administrator or his or her designee may issue a civil summons as provided by law for a violation. Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the city treasurer prior to the date fixed for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court. Notwithstanding a court's authority to order the abatement or remedy of a zoning violation for any violation involving property that is zoned or used for multifamily residential purposes, any person who admits liability shall be required to abate or remedy such violation within six months from the date of admission of liability. If a person charged with a scheduled violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. In any trial for a violation, it shall be the burden of the zoning administrator or his or her designee to show the liability of the violator by a preponderance of the evidence. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. An admission of liability or finding of liability shall not be a criminal conviction for any purpose.

(d)

Each day during which the violation is found to have existed shall constitute a separate offense. However, specified violations arising from the same operative set of facts shall not be charged more frequently than once in any ten-day period, and, for violations that do not involve property that is zoned or used for multifamily residential purposes, a series of specified violations arising from the same operative set of facts shall not result in civil penalties which exceed a total of five thousand dollars ($5,000.00). Civil penalties shall not accrue or be assessed for a period of thirty (30) days after the issuance of a notice of violation from the zoning administrator or during the pendency of an appeal to the board of zoning appeals.

(e)

This section shall not apply to: (i) activities related to land development; (ii) violations of sections 215 and 216 of this ordinance; (iii) violations relating to the posting of signs on public property or public rights-of-way; or (iv) violations resulting in injury to any person or persons.

(Ord. No. 2392, 5-28-96; Ord. No. 2453, 7-1-97; Ord. No. 2453, 7-1-97; Ord. No. 2518, 12-8-98; Ord. No. 2540, 6-8-99; Ord. No. 2956, 7-11-06; Ord. No. 3043, 7-1-08; Ord. No. 3146, 7-13-10; Ord. No. 3174, 5-10-11; Ord. No. 3565, 8-21-18; Ord. No. 3647, 9-15-20; Ord. No. 3728, 4-4-23; Ord. No. 3818, 8-12-25; Ord. No. 3821, 8-12-25)

(a)

Any otherwise lawful use, structure, or condition of use which existed in conformity to all applicable zoning provisions before this ordinance was adopted or amended but which does not conform to the provisions of this ordinance as a result of its adoption or amendment shall be deemed a nonconformity. Any lot or use or structure situated on a lot which, due to council action in granting a conditional use permit or rezoning, does not meet the minimum dimensional or area requirements of the district in which it is located shall also be deemed a nonconformity.

(b)

Intent. It is the intent of this ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated except upon resolution of city council as provided for in this section, and not to allow them to be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(c)

Continuation. A nonconformity may continue provided that it remains otherwise lawful, subject to the provisions set forth in this section. However, no nonconformity shall continue if it ceases for any reason for a period of more than two (2) years.

(d)

(1)

Enlargement or extension of nonconformity. No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance. No nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. Applications for the enlargement, extension or relocation of a nonconforming use or structure shall be filed with the planning director. The application shall be accompanied by a fee of six hundred sixty dollars ($660.00) to cover the cost of processing the application. Such fee shall include all costs of notifications and advertisings. The planning director shall cause the application to be advertised for public hearing before the planning commission. Notice shall be given as provided by Section 15.2-2204 of the Code of Virginia; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing. A sign shall be posted on the site in accordance with the requirements of section 108 of this ordinance. The planning commission shall hold the public hearing at the time and place announced. Following the public hearing, the commission shall by motion adopt its recommendation and findings, and shall transmit such recommendation and findings to city council. Upon receiving such recommendation, the city council shall give notice of a public hearing as set forth in this section and shall thereafter hold a public hearing and act upon the proposed application.

(2)

Additions to, or substantial alterations of, nonconforming structures located in a zoning district intended to implement a Strategic Growth Area Plan shall be permitted either in accordance with the regulations of such district or of this section. No nonconforming use located in any form-based district may be converted to any other use except as allowed pursuant to the regulations of such district.

(e)

(1)

Conversion of a nonconforming use to another use. No nonconforming use shall be converted to another use which does not conform to this ordinance except upon a resolution of the city council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use. In the resolution authorizing such change, the city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient. Any such use authorized by the city council shall thereafter be subject to the provisions of this section and to any conditions or restrictions attached by the city council. Applications for the conversion of a nonconforming use or structure shall be processed in the same manner as specified in subsection (d)(1).

(2)

Revocation of authorization. In the event a use other than the specific use authorized by the city council is carried on, or any condition or restriction attached by the city council is violated, intentionally or otherwise, such authorization may be revoked by the city council at a public hearing upon ten (10) days' written notice to the owner of the property upon which the use is carried on and to the operator of such use.

(f)

Damage or destruction involving nonconformities. Any structure or condition of development which is, houses, or is related to a nonconformity may, if involuntarily damaged or destroyed, be reconstructed or restored to its prior condition and location within two (2) years of its being damaged or destroyed, and the nonconformity may continue as before. If it is not reconstructed or restored within two (2) years, then any future construction or reconstruction on, or use of, the affected lot shall be in conformance with the provisions of this ordinance.

(g)

Location of uses and structures on lots not meeting minimum requirements. Any conforming principal or accessory use, conditional use or conforming structure housing such use may be enlarged, extended, constructed, located, or moved on any lot created prior to the effective date of this ordinance regardless of the size or dimensions of such lot, provided that other requirements of this ordinance are met. However, in the case of any lot created or rezoned upon petition on behalf of the property owner on or after the above date, only those uses and structures shall be located on the lot for which the lot meets the minimum lot requirements in the applicable zoning district except as provided in section 221 herein. Any lot not meeting the applicable size or dimension requirements due to governmental action taken on or after the effective date of this ordinance shall have the same rights of development as before said governmental action took place.

(Ord. No. 1842, 3-27-89; Ord. No. 1935, 11-13-89; Ord. No. 2209, 3-23-93; Ord. No. 2472, 2-24-98; Ord. No. 2741, 4-22-03; Ord. No. 3247, 7-10-12; Ord. No. 3276, 5-14-13, eff. 7-1-13; Ord. No. 3328, 2-25-14; Ord. No. 3413, 5-19-15; Ord. No. 3550, 5-15-18, eff. 7-1-18)

(a)

The board of zoning appeals shall hear and decide appeals from any order, requirement, decision, or determination made by an administrative officer in the administration or enforcement of this ordinance. An appeal shall be filed with the zoning administrator, and include the grounds of appeal, within thirty (30) days of the date of the decision appealed, unless the notice of violation involves: (a) the storage or disposal of nonagricultural excavation material, waste, and debris, (b) temporary or seasonal commercial uses, (c) parking of commercial trucks in residential zoning districts, or (d) similar short-term recurring violations, in which case the appeal period is ten (10) days from the date of the notice of violation. All decisions not timely appealed shall be final and unappealable. In addition thereto, the board shall have such other powers and duties as are set forth in Code of Virginia, § 15.2-2309; provided, however, that the board shall have no authority to hear and decide applications for conditional use permits, and provided further, that written notice as prescribed in Code of Virginia, § 15.2-2204 shall be given at least fifteen (15) days prior to the hearing before the board. Notice shall be published twice in a newspaper having general circulation in the City. The first notice shall be published no more than twenty-eight (28) days before the meeting and the second notice appearing no less than seven (7) days before the date of the meeting. The cost of the public notices required by Section 15.2-2204 of the Code of Virginia shall be charged to the applicant.

(b)

The membership, organization and procedures of the board of zoning appeals shall be as set forth in Code of Virginia, §§ 15.2-2308 through 15.2-2314, as amended. In the event the board denies an application for a variance, substantially the same application shall not be considered by the board for a period of one (1) year from the date of denial.

(c)

Every application concerning a single-family residence, semi-detached residence or duplex to the board of zoning appeals shall be accompanied by a fee of four hundred dollars ($400.00), and all other applications shall be accompanied by a fee of five hundred dollars ($500.00). Such fee shall include all costs of notification and advertising. Each lot upon which a variance is requested shall be the subject of a separate application and a separate fee; provided, however, that variances from the setback and landscaping provisions of section 201(e)(1), pertaining to fences and walls, may be the subject of a single application and fee where the following conditions are met:

(1)

The lots upon which the variance is requested are contiguous lots within a single subdivision block, as shown on the recorded plat of the subdivision in which the lots are located;

(2)

The fence or fences which are the subject of the variance are located wholly upon property owned by a bona fide homeowners' association created by legal instrument recorded in the office of the clerk of the circuit court, or upon which there is a recorded perpetual easement allowing such homeowners' association, or the members thereof, to construct and maintain a fence upon such property;

(3)

Such fence or fences are owned by the homeowners' association; and

(4)

The individual signing the application certifies to the zoning administrator, in writing, that he or she is vested with the authority to act on behalf of the homeowners' association in the matter and that such association has authorized, in the manner prescribed by its by-laws or other instrument, the filing of the application.

(d)

Any decision of the board shall be binding upon the owner of the property which is the subject of such appeal only if the owner of such property has been provided notice in accordance with section 103(l). Actual notice by the owner or active participation in the decision of the board shall waive the owner's right to challenge the validity of the board's decision because of the failure of the owner to receive notice.

(Ord. No. 1929, 10-23-89; Ord. No. 1970, 6-11-90; Ord. No. 2063, 5-14-91; Ord. No. 2379, 3-26-96; Ord. No 2472, 2-24-98; Ord. No. 2605, 8-8-00; Ord. No. 2640, 5-15-01; Ord. No. 2672, 10-23-01; Ord. No. 2741, 4-22-03; Ord. No. 3183, 6-14-11, eff. 7-1-11; Ord. No. 3280, 5-14-13, eff. 7-1-13; Ord. No. 3553, 5-15-18, eff. 7-1-18; Ord. No. 3746, 7-11-23; Ord. No. 3781, 7-9-24; Ord. No. 3823, 8-12-25)

(a)

Initiation. Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the city council may by ordinance, amend, supplement, or change the regulations, district boundaries, or zoning district classifications of property. Any such action may be initiated by resolution of the city council, or by motion of the planning commission, or, where a change of the zoning district classification of property is sought, by petition of the owner, contract purchaser with the owner's written consent, or the owner's duly authorized agent therefor, of the property which is the subject of the proposed change of zoning district classification, addressed to the city council. City council may refer to Planning Commission an amendment or reenactment of the Zoning Ordinance. Unless a shorter time is prescribed in the referral resolution, Planning Commission must report its recommendation within 100 days of its first meeting after the date of the referred ordinance. City Council shall require a report in less than 100 days only after a public hearing. Notice of such public hearing shall be published in a newspaper having general circulation in the locality at least two weeks prior to the public hearing and such notice shall also be published on the city website. Any petition submitted by an owner, contract purchaser with the owner's consent or the owner's duly authorized agent shall be addressed to city council but shall be filed with the director of planning. The director shall cause the petition to be placed on the agenda of the planning commission. For purposes of this section, a change of zoning district classification shall be deemed to include modifications of the conditions of a conditional change of zoning district classification pursuant to subdivision (h).

(b)

Withdrawal of petition. The city council may allow withdrawal of a petition for a change of zoning district classification at any time prior to voting on such petition; provided, however, that the applicant shall notify the city clerk, by letter or electronic mail, that it intends to seek to withdraw the petition. Such notification shall be received by the city clerk no later than noon on the working day next preceding the public hearing. In the event such notification is not timely made, no withdrawal shall be allowed by the city council. However, if such petition is denied by city council, substantially the same petition shall not be filed within one (1) year of the date of denial. The planning director shall determine whether a new petition is substantially the same as the petition denied by the city council, taking into consideration the differences in the zoning district classifications sought, the nature and density or intensity of the proposed use, site design, site layout, traffic, noise, and other potential impacts, measures to mitigate such impacts, and such other factors as he determines to be relevant to such determination.

(c)

Planning commission action; notice of public hearing. Before making any recommendation on a proposed amendment, the planning commission shall give notice of a public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amended, or any successor statute; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing and in the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual owner. In the case of a proposed change of zoning district classification, the public notice shall state the general usage and density range of the proposed zoning district classification and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan; provided, however, that where a conditional change of zoning is sought, the public notice shall state the proposed uses and density sought in the petition. The cost of the public notices required by Section 15.2-2204 of the Code of Virginia shall be charged to the applicant.

(d)

Planning commission hearing; action following hearing. Unless the petition is withdrawn before the public hearing, the public hearing shall be held at the time and place announced; provided, however, that if the public hearing, or a decision to approve or deny the petition, is deferred indefinitely, new public notice shall be issued as for the original notice. The applicant shall have the right to withdraw any petition prior to the commencement of the public hearing on the petition, without further action as otherwise would be required by this section. In the event the public hearing is postponed to a date certain announced at the meeting at which the petition was scheduled to be heard, the public hearing on such date certain shall not be required to be readvertised, but written notice of the public hearing shall be re-mailed to those persons entitled to such notice. If the deferral is at the request of the applicant or necessary by reason of the applicant's failure to properly follow applicable procedures, including the posting of signs as required by section 108, the cost of new public notice, including the costs of readvertisement and mailing of written notice, shall be at the applicant's expense. Following the public hearing, the commission shall by motion adopt its recommendation, which may include changes in the original proposal, as allowed by law, and shall transmit such recommendation to city council.

(e)

Action by city council; notice of public hearing. Before taking any action pursuant to this section, notice of a public hearing thereon, as required by Virginia Code Section 15.2-2204, or any successor statute, shall be given, as set forth in subsection (d).

(f)

City council action; reconsideration.

(1)

The public hearing shall be held at the time and place announced. Following the hearing, city council may make such changes to the recommendation of the planning commission as it deems appropriate, as allowed by law; provided, however, that (i) no additional land may be rezoned to a different classification than was contained in the public notice; (ii) no land may be rezoned to a less restrictive classification without new notice and hearing; and (iii) no amendment to the regulations shall be made unless such amendment was fairly encompassed by the descriptive summary of such amendment contained in the advertisement thereof. Nothing herein shall be construed as prohibiting the city council from referring any petition, including a petition that is the subject of reconsideration pursuant to subdivision (2), back to the planning commission for further study and recommendation in the event the city council deems such action necessary or advisable.

(2)

An affirmative vote of a majority of the members of the city council present and voting shall be required to amend the zoning ordinance or to grant any change of zoning district classification. A tie vote shall be deemed a denial of the proposed amendment; provided, however, that in the event of a tie vote on a petition for a change of zoning district classification due to the absence of one or more members of the city council, any member may, by motion, initiate reconsideration of the petition within thirty (30) days of such tie vote. A motion to reconsider a vote resulting in approval or denial of a petition, other than by reason of a tie vote, may be made within thirty (30) days of the date of approval or denial by any city council member on the prevailing side of such vote. If city council determines, by an affirmative vote of its members present and voting, to grant reconsideration of a petition, a new public hearing shall be advertised in accordance with subsection (e) and a sign shall be posted as required by section 108. No petition that has been denied shall be granted upon reconsideration thereof where the proposed uses, density, intensity, site layout, building design or any other significant characteristics of the petition are substantially changed after the denial that is the subject of such reconsideration, unless the petition is referred back to the planning commission for its review and recommendation prior to final action by the city council.

(g)

Fee. A petition to amend, supplement or change the district boundaries or classification of property shall be accompanied by a fee in the amount of one thousand ninety dollars ($1,090.00), provided, that where such a petition is submitted as a conditional zoning, the fee shall be in the amount of one thousand three hundred sixty dollars ($1,360.00). A petition of any property owner for a reconsideration of proffered conditions shall be accompanied by a fee in the amount of six hundred sixty dollars ($660.00). Such fees shall include all costs of notification and advertising.

(h)

Conditional zoning.

(1)

Criteria for proffers. Proffered conditions shall meet the following criteria: (1) the rezoning itself must give rise for the need for the condition; (2) such conditions shall have a reasonable relation to the rezoning; (3) such conditions shall be in conformity with the comprehensive plan; and (4) such conditions shall not be prohibited by the provisions of Virginia Code Section 15.2-2298 or any successor statute or other applicable law.

(2)

Proffers which include the dedication of real property or payment of cash. In the event proffered conditions include the dedication of real property or payment of cash, such property shall not transfer and such payment of cash shall not be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvement program, provided that nothing herein shall prevent the city from accepting proffered conditions which are not normally included in such capital improvement program. If proffered conditions include the dedication of real property or the payment of cash, the proffered conditions shall provide for the disposition of such property or cash payment in the event the property or cash payment is not used for the purpose for which proffered. Nothing in this section shall be construed to affect or impair the authority of the city council to accept proffered conditions which include provisions for timing or phasing of dedications, payments or improvements or to impose or accept conditions of conditional use permits. In the event proffered conditions include the dedication of real property or payment of cash which is not to be made until the facilities for which such property is dedicated or cash is tendered are included in the capital improvement program, the city attorney shall advise the planning commission, and the city council of the adequacy of provisions securing to the city the timely performance of such conditions.

(3)

Legal form of proffered conditions. All proffers shall be set forth in a conditional zoning agreement, prepared by an attorney licensed to practice law in the Commonwealth of Virginia, and shall be in a form suitable for recordation in the deed books maintained by the Clerk of the Circuit Court of the City of Virginia Beach. No conditional zoning agreement shall be considered by the planning commission or city council unless and until such agreement has been approved by the city attorney as to legal form and sufficiency, including suitability for recordation by the clerk of the circuit court.

(4)

Title certificate. Each conditional zoning petition shall be accompanied by a certificate of title, prepared and signed by an attorney licensed to practice law in the Commonwealth of Virginia. The title certificate shall describe the property that is the subject of the petition and shall identify all parties having a recorded interest in the property, including legal and equitable owners, and shall state the source of title or interest for each party. The certificate of title shall state the date through which the attorney examined the title to the property, which date shall not be more than six (6) months prior to the date of the filing of the petition. The city attorney shall reject any certificate of title which, in his opinion, is incomplete or is otherwise insufficient.

(5)

Parties to the conditional zoning agreement. The conditional zoning agreement shall name, as grantors, all owners of the property and shall be signed by all such parties. In the event that the applicant for the rezoning is a contract purchaser, such purchaser shall also be a party to the agreement, as a grantor. The city attorney may require that any additional person or business entity be made a party to the agreement, when, in his opinion, the inclusion of such person or entity is necessary or appropriate in order to protect the city's interest, and may require that the agreement be approved by a court of competent jurisdiction when such approval of the court is, in his opinion, necessary.

(6)

Procedure (planning commission).

(a)

Any applicant for a change of zoning district classification may submit a conditional zoning agreement containing proffered conditions of such change of zoning district classification. Such agreement, together with the title certificate, shall be submitted to the planning director with the petition for change of zoning district classification. The planning director shall include, in his report to the planning commission, such commentary on the individual or collective proffers contained in the agreement as will assist the planning commission and city council in determining the appropriate action to take on the petition.

(b)

In the event the applicant submits a modified conditional zoning agreement containing any substantive revisions to the agreement after the filing of the petition but prior to the public hearing before the planning commission, such petition shall not be considered by the planning commission, except to allow its deferral, unless such modified conditional zoning agreement meets the requirements of this section and has been received by the planning director no later than the close of business twenty-one (21) days prior to, but not including, the date of the public hearing before the planning commission.

(c)

The planning commission shall recommend to the city council approval or denial of the petition, and may in addition recommend that one or more of the proffers contained in the conditional zoning agreement be rejected or modified, or that new proffers be added.

(7)

Procedure (city council).

(a)

Unless the application is deferred or withdrawn, the city council shall approve or deny the petition and may, in approving the petition, accept all the proffers contained in the agreement or accept some and reject the remainder of such proffers. No proffer shall be modified or added by the city council unless such modified or added proffer is contained in a conditional zoning agreement meeting the requirements of this section that was received by the planning director no later than the close of business ten (10) days prior to, but not including, the date of the public hearing before the city council at which the conditional zoning agreement containing such proffer is considered.

(b)

The procedure for the consideration of petitions for conditional change of zoning district classification shall in all other respects be as set forth in subsections (a) through (g).

(8)

Recordation.

(a)

If the city council approves the petition, the city attorney shall, within ten (10) days of the city council's action, examine the appropriate records so as to determine whether any material change in the ownership of the property has occurred since the date of the title certificate. In the event that the city attorney determines that no such material change has occurred, he shall present the conditional zoning agreement to the clerk of the circuit court for recordation. If the city attorney determines that a material change of ownership of the property has taken place, and that, in his opinion, such change may adversely affect the city's interest, he shall so notify the applicant and the city council by letter. Any member of the city council may thereafter move to reconsider the petition in accordance with the provisions of subsection (f); provided, however, that any such motion may be made within thirty (30) days after the date of the notice from the city attorney.

(b)

The failure to record any conditional zoning agreement shall not relieve the applicant, or any other person or entity who is bound by the provisions of such agreement, including any successor in interest to an original party to the agreement, from performance of the covenants or conditions contained in the agreement according to their terms, nor shall the failure to record any such agreement affect the validity or enforceability of the action of the city council.

(9)

Effect of proffers. Once accepted by the city council, the conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance. The adoption of codes or amendments applicable to all or a substantial portion of any Strategic Growth Area designated in the Comprehensive Plan shall not be deemed to be part of a comprehensive implementation of a new or substantially revised zoning ordinance. The zoning administration officer is hereby vested with all necessary authority to enforce such conditions.

(10)

Amendments to accepted proffers. No amendment shall be made to any accepted proffer except in the manner of a new rezoning petition as set forth herein.

(i)

Petitions not meeting minimum requirements. Any petition for which the parcel involved or structure on the parcel does not meet the minimum dimensional requirements of the proposed zoning district shall be processed nevertheless, but shall not be approved by the city council unless it finds that either special circumstances pertinent to the site or the proposed conditions of rezoning adequately offset the negative effects of the deficiency. In addition, the city council may, for good cause shown and upon a finding that there will be no significant detrimental effects on surrounding properties, accept proffered conditions reasonably deviating from the setback, lot coverage, landscaping and minimum lot area requirements and height restrictions, except as provided in section 202(b), otherwise applicable to the proposed development. No such deviation shall be in conflict with the applicable provisions of the comprehensive plan.

(Ord. No. 1841 3-27-89; Ord. No. 1871, 5-15-89; Ord. No. 1971, 6-11-90; Ord. No. 2042, 3-5-91; Ord. No. 2472, 2-24-98; Ord. No. 2600, 7-11-00; Ord. No. 2658, 8-28-01; Ord. No. 2741, 4-22-03; Ord. No. 2759, 5-13-03; Ord. No. 3206, 10-11-11; Ord. No. 3245, 7-3-12; Ord. No. 3247, 7-10-12; Ord. No. 3264, 2-26-13; Ord. No. 3274, 5-14-13, eff. 7-1-13; Ord. No. 3393, 1-20-15; Ord. No. 3552, 5-15-18, eff. 7-1-18; Ord. No. 3593, 6-18-19, eff. 7-1-19)

To the extent provided by the regulations of any zoning district listed in section 102(a)(13):

(a)

The city council may grant special exceptions in accordance with the alternative compliance provisions of the district to allow the development of new uses or structures, or additions to or alterations of existing structures, that do not conform to the uses or development standards otherwise permitted or required under the applicable district regulations.

(b)

The fee for applications for special exceptions pursuant to this section shall be in the amount of five hundred sixty dollars ($560.00). Such fee shall include all costs of notifications and advertising.

(Ord. No. 3247, 7-10-12; Ord. No. 3328, 2-25-14; Ord. No. 3551, 5-15-18, eff. 7-1-18)

(a)

In any case in which a property owner or other authorized person petitions the city council for the approval of any application seeking a rezoning, conditional use permit, approval of a PD-H1 or PD-H2 land use plan, special exception, resolution pertaining to a nonconforming use or structure, subdivision or floodplain variance or reconsideration of conditions, the applicant shall erect, on the property which is the subject of the application or within the unimproved portion of the abutting public street, a sign of a size, type and lettering approved by the planning director. All such signs shall be posted and maintained in such manner as to be unobscured by vegetation or other obstructions. One such sign shall be posted within ten (10) feet of the paved portion or, if present, the sidewalk of every public street adjoining the property or in such alternate location or locations as may be prescribed by the planning director. The cost of such signs shall be charged to the applicant. Such sign shall be erected not less than thirty (30) days before the planning commission hearing, or if none, the city council hearing, and shall state the nature of the application and date and time of the hearing. Such signs may not be removed until the city council has acted upon the application, and shall be removed no later than five (5) days thereafter. In any case in which the planning commission or city council determines that the requirements of this section have not been met, the application shall be deferred; provided, however, that the city council may, for any other appropriate reason, deny such application.

(b)

Applications before the board of zoning appeals shall be subject to the requirements of subsection (a) hereof. Any application in which such requirements have not been met may be deferred or denied by the board.

(c)

No person having actual notice of an application for which a sign is required to be posted by this section, or to whom a written notice meeting the requirements of Code of Virginia § 15.2-2204 has been mailed, shall contest the validity of any city council action by reason of the applicant's failure to comply with the provisions of this section. Nothing in this subsection shall be construed to create any new right to contest the action of the city council.

(d)

The provisions of this section shall not apply to applications initiated by the city in which the subject property consists of more than twenty-five (25) parcels of land.

(Ord. No. 2655, 7-10-01; Ord. No. 2741, 4-22-03; Ord. No. 3047, 8-26-08; Ord. No. 3178, 5-10-11; Ord. No. 3247, 7-10-12; Ord. No. 3274, 5-14-13, eff. 7-1-13)

Notwithstanding any provisions contained in this ordinance to the contrary, any and all planning commission recommendations mentioned in this ordinance shall be transmitted by the planning director to the city council within forty-five (45) days after the date of receipt of such recommendations from the planning commission.

(a)

Validity. The provisions of this ordinance are hereby declared to be severable. If any part, section, provision, exception, sentence, clause, phrase, or the application thereof to any person or circumstances for any reason be adjudged to be invalid, the remainder of the ordinance shall remain in full force and effect and its validity shall not be impaired, it being the legislative intent now hereby declared that this ordinance would have been adopted even if such invalid matter had not been included herein, or if such application had not been made.

(b)

Repeal of conflicting ordinances. All ordinances and parts of ordinances in conflict with the provisions of this ordinance, except as hereinafter provided, are hereby repealed on the effective date of this ordinance; provided, however, that an ordinance of the City of Virginia Beach adopted on October 29, 1973, commonly known as the "Comprehensive Zoning Ordinance of the City of Virginia Beach," and an ordinance of the City of Virginia Beach adopted August 19, 1957, which became effective September 18, 1957, commonly known as the "Master Zoning Ordinance of the City of Virginia Beach," and an ordinance of the City of Virginia Beach adopted November 25, 1954, commonly known as the "Master Zoning Plan of Princess Anne County," shall not be considered repealed as to any violation thereof existing on the effective date of this ordinance, unless such violation conforms to the provisions of this ordinance.

(c)

Effective date. This ordinance shall be in effect from and after the date of its adoption, including the official zoning map.

For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation.

In addition, the following terms shall be defined as herein indicated; provided that in the event a term defined in this section is defined differently in the regulations of any district identified in section 102(a)(13), the latter definition shall control if the property to which the definition applies is located in such district:

Accessory use. Except as otherwise provided in the zoning district regulations, an "accessory use":

(a)

Is a use which is conducted on the same zoning lot as the principal use to which it is related (whether located within the same building or an accessory building or structure, or as an accessory use of land) or which is conducted on a contiguous lot (in the same ownership); and

(b)

Is clearly incidental to, and customarily found in connection with, such principal use;

(c)

Is operated and maintained substantially for the benefit of the owners, occupants, employees, customers, or visitors of the zoning lot with the principal use.

Adult bookstore. An establishment that either (a) has twenty (20) percent or more of its stock for sale or rent on the premises, or has twenty (20) percent or more of its stock on display either in plain view or in an enclosed or partitioned area, in books, magazines, periodicals, drawings, sculptures, devices, paraphernalia, motion pictures, films, video recordings or photographs which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein; or (b) devotes twenty (20) percent or more of its display area or floor space, excluding aisles and storage areas, to the sale or display of such materials; or (c) receives in any one-month period twenty (20) percent or more of its gross income from the sale or rental of such materials; or (d) has on the premises one (1) or more mechanical or more mechanical or electronic devices for viewing such materials; or (e) sells products featuring specified sexual activities or specified anatomical areas and prohibits access by minors, because of age, to any area of the premises that is open to customers, and advertises itself as offering "adult" or "xxx" or "x-rated" or "erotic" or "sexual" or "pornographic" material on signage visible from a public right-of-way.

(a)

Specified anatomical areas:

(1)

Less than completely and opaquely covered:

(i)

Human genitals, pubic region, buttock; and

(ii)

Female breast below a point immediately above the top of the areola.

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(b)

Specified sexual activities:

(1)

Human genitals in a state of sexual stimulation or arousal.

(2)

Acts of human masturbation, sadomasochistic abuse, sexual penetration with an inanimate object, sexual intercourse or sodomy.

(3)

Fondling or other erotic touching or human genitals, pubic region, buttock or female breast.

Alcoholic beverage. Alcohol, spirits, wine and beer, or any one or more of such varieties containing one-half of one percent (0.5%) or more of alcohol by volume, including mixed alcoholic beverages, and every liquid or solid, patented or not, containing alcohol, spirits, wine, or beer and capable of being consumed by a human being.

Alleys. Alleys are minor ways used primarily for vehicular access to the rear or side of properties otherwise abutting a street.

Alternative discharging sewage treatment system. Any device or system which results in a point source discharge of treated sewage for which the department of health may issue a permit authorizing construction and operation when such system is regulated by the State Water Control Board (SWCB) pursuant to a general Virginia Pollution Discharge Elimination System (VPDES) permit issued for an individual single-family dwelling with flows less than or equal to one thousand (1,000) gallons per day on a yearly average. Such a system is designed to treat sewage from a residential source and dispose of the effluent by discharging it to an all weather stream, an intermittent stream, a dry ditch, or other location approved by the department of health.

Antenna, building mounted. Any structure or device affixed to a building or other structure, except a water tank, for the purpose of supporting broadcast equipment of any frequency or electromagnetic wave, or any similar system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves. The term does not include communication towers, antennas mounted on communication towers, home satellite dishes, small wireless facilities or television or radio antennas used primarily for the benefit of the occupants of, or visitors to, property on which such antennas are located.

Antique shop. A retail store, not exceeding three thousand (3,000) square feet, where manmade articles at least one hundred (100) years old are offered for sale and cover at least fifty (50) percent of the display floor area.

Approximated floodplain. The area for which no detailed flood profiles or elevations are provided, but where a one (1) percent annual chance floodplain boundary has been approximated as set forth in the Floodplain Ordinance (Appendix K).

Assembly uses. Uses that involve the gathering of individuals or groups in one (1) location, such as arenas, assembly halls, auditoriums, bingo halls, civic centers, community centers, eleemosynary establishments, private clubs, union halls and excluding religious uses.

Automobile museum. A museum at which vintage or classic automobiles manufactured prior to 1971, exotic or limited-production automobiles, or automobiles having a special cultural or historical significance and generally regarded as collector's items are displayed as exhibits and may be made available for purchase by members of the general public as an ancillary activity.

Automobile repair establishment. A building or portion thereof, designed or used for servicing of automotive or other motorized vehicles where repair services are limited to the following and no motor vehicle fuel is dispensed:

(a)

Adjusting and repairing brakes;

(b)

Emergency wiring repairs;

(c)

Greasing, lubrication and oil change;

(d)

Motor adjustments not involving removal of the head or crankcase;

(e)

Providing and repairing fuel pumps and lines;

(f)

Radiator cleaning and flushing; provision of water, antifreeze and other additives;

(g)

Replacement or adjustment of minor automobile accessories, to include mirrors, windshield wipers and the like;

(h)

Servicing of nonmotorized bicycles;

(i)

Sale and servicing of spark plugs, batteries, and distributors and distributor parts;

(j)

Servicing and repair of carburetors;

(k)

Servicing, repair and sales of mufflers and exhaust systems;

(l)

Tire sales, servicing and repair, but not recapping or regrooving;

(m)

Washing and polishing, and sale of automotive washing and polishing materials.

Uses permissible at an automobile repair establishment do not include body work, straightening of frames or body parts, steam cleaning, painting, storage of automobiles not in operating condition nor the operation of a commercial garage as an accessory use.

Automobile service station. Any establishment at which motor vehicle fuel is dispensed at retail. Such establishments may provide some or all of the services provided by an automobile repair establishment.

Bar or nightclub. An establishment, including a private club as defined by this ordinance, that serves alcoholic beverages, or where alcoholic beverages are consumed, at any time between midnight and 6:00 a.m., except establishments in which the service of alcoholic beverages is incident to a wedding, banquet or similar function not open to the general public, and in which both of the following conditions are met:

(1)

The combined area of the dance floor and any other standing space exceeds fifteen (15) percent of the public floor area of the establishment; and

(2)

Amplified music, other than prerecorded background music intended solely as an accompaniment to dining, is provided between midnight and 6:00 a.m.

Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year; also referred to as the one hundred (100) year flood.

Bed and breakfast inn. A residential structure of historical significance in which not more than thirteen (13) rooms are provided for lodging transients, for compensation, on daily or weekly terms, with breakfast.

Beverage manufacturing shop. A retail establishment in which ingredients for the manufacture or production of beer or wine are sold, and in which beer or wine is manufactured or produced for off-premises consumption.

Bingo halls. A facility used primarily for the conduct of bingo games, open to the public and not in a subsidiary nature to another use.

Body piercing establishment. An establishment in which body piercing takes place. For purposes of this definition, the term "body piercing" means the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature, but does not include the use of a mechanized, pre-sterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear, or both.

Borrow pit. Any operation involving the breaking or disturbing of the surface soil or rock where the primary purpose of the operation is to facilitate or accomplish the extraction or removal of sand, soil, gravel, fill, or other similar material. Specifically exempt from this definition are the following:

(a)

Any excavation for roads, drainage, stormwater management facilities as defined in the city stormwater management ordinance (Appendix D), or similar features necessarily incidental to, and in accordance with, the approved construction plans for a residential subdivision or other similar development activity; provided, however, if the depth or surface area of the excavation exceeds that of the approved construction plans and the excavated material is hauled off site, an excavation permit and conditional use permit for a borrow pit must be obtained.

(b)

Any excavation for the sole purpose of conducting a bona fide agricultural operation, including, but not limited to, excavations to improve drainage, provide watering facilities for livestock, or create a holding lagoon for animal waste, or farm ponds or fish ponds; provided, that none of the excavated material may be hauled off site or sold.

(c)

Any excavation or excavations on any single lot or parcel of land which total less than one-quarter acre in area and less than twelve (12) feet in excavated depth as measured from the original ground level, to the lowest point of the excavation.

(d)

Any trench, ditch or hole for utility lines, drainage pipes or other similar public works facilities or projects where the excavation is in accordance with the approved construction plans.

Boundary walls. A solid wall without openings, situated within a building and erected on the boundary line between adjacent lots and which is to be jointly maintained.

Building. A structure with a roof intended for shelter or enclosure.

Building area. The total area covered by enclosed building space including total area of all covered open space (except for open space covered by eaves and normal overhang of roofs) but not including uncovered entrance platforms, uncovered terraces, or uncovered steps where such features do not themselves constitute enclosures for building areas below them.

Bulk storage yard. A facility for the storage of raw materials, finished goods or vehicles, provided they are in good running order. No sale, storage or processing of scrap, salvage, junk, toxic or hazardous materials is allowed.

Campground. Premises where spaces are offered for occupancy for relatively short periods by portable recreational housing, including any land, building, structure or facility on such premises used by occupants of such portable recreational housing.

Cemetery. Any land or structure used or intended to be used for the interment of human remains. The sprinkling of ashes or their burial in a biodegradable container on church grounds or their placement in a columbarium on church property shall not constitute the creation of a cemetery.

Chesapeake Bay Preservation Area. Any land designated as such on the Chesapeake Bay Preservation Area Map adopted by the city council, subject to the determination of the Chesapeake Bay Preservation Area Review Committee on a site-specific basis. A Chesapeake Bay Preservation Area shall consist of a resource protection area and a resource management area, and shall include any designated intensely developed areas.

Clinic. An office building or group of offices wherein only persons engaged in the practice of a medical profession or occupation are located, but which does not have beds for overnight care of patients. A "medical profession or occupation" is any activity involving the diagnosis, cure, treatment, mitigation, or prevention of disease or which affects any bodily function or structure.

Coastal high-hazard area. An area of special flood hazard extending from offshore to the inland limit of a coastal primary sand dune along an open coast and any other area subject to high-velocity wave action from storm or seismic sources. As a minimum, the coastal high-hazard areas are identified as V zones in the flood insurance study and accompanying maps.

Collection depot for recyclable materials. A fully enclosed building where recyclable materials are collected or redeemed, and temporarily stored until transported to a separate processing facility.

College or university housing. Buildings or structures which contain dwelling units for the housing of regularly enrolled students, faculty and employees of an established college or university, and their families.

Communication tower. Any pole, spire or other structure, including supporting lines, cables, wires, braces, masts or other appurtenances, intended or used primarily for the purpose of affixing antennas or other wireless telecommunications equipment and any associated base station. For purposes of this ordinance, regulations pertaining to communication towers shall apply to any associated base station as applicable. The term "base station" includes any equipment and non-tower supporting structure at a fixed location that enable wireless communications between user equipment and a communications network, and any other equipment associated with wireless communications service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supply, and comparable equipment. The term does not include private home use of satellite dishes and television antennas or by amateur radio operators as licensed by the Federal Communications Commission.

Communication tower, temporary. A portable communication tower that is intended or used to provide wireless telecommunication service on a temporary or emergency basis and that is not permanently affixed to the site on which it is located. Such towers include, without limitation, Cells-on-Wheels (COW), Site-on-Wheels (SOW), Cell on Light Trucks (COLT) or other portable devices.

Community boat dock. A facility for secure mooring of boats provided in conjunction with a residential development for use by residents of the development as opposed to the public at large, and that facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for.

Country inn. A building in which not more than five (5) rooms are provided for lodging transients, for compensation, for daily or weekly terms, with or without board, in conjunction with which antiques may be sold at retail as an accessory use. No such rooms shall have an entrance or exit to the outside of the building, and no such room shall exceed three hundred (300) square feet in floor area.

Craft brewery. A facility, other than a farm brewery, that produces and distributes beer or other fermented malt beverages in quantities not exceeding fifteen thousand barrels (15,000 BBL) per year and at which beer, ale or other fermented beverages are served to customers for on-premises or off-premises consumption and at which food may be served.

Craft distillery. A facility that produces and distributes spirits, as defined in the Alcoholic Beverage Control Act, in quantities not exceeding five thousand barrels (5,000 BBL) per year and at which such spirits produced at such facility are served to customers for on-premises or off-premises consumption and at which food may be served.

Craft winery. A facility, other than a farm winery, that produces, manufactures and distributes wine, and at which wine is served to customers for on-premise and off-premise consumption, and at which food may be prepared and served.

Day-care center. Any facility, other than a family day-care home, operated for the purpose of providing care, protection and guidance during a part of the twenty-four-hour day to a group of: (1) children separated from their parents or guardians; (2) adults sixty-two (62) years of age or older; or (3) persons under a disability during a part of the twenty-four-hour day.

Decommissioning. The removal and proper disposal of equipment, facilities, or devices on real property, including restoration of the real property upon which equipment, facilities, or devices are located. Restoration of the real property shall include soil stabilization, and revegetation of the ground cover of the real property disturbed by the installation of such equipment, facilities, or devices.

Density. The number of dwelling or lodging units per gross acre.

Developer. An owner, or any person with written authorization from the owner, who intends to improve or to construct improvements upon a given property.

Development. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.

Drive-in eating and drinking establishment. Any eating and drinking establishment encouraging the consumption of food or beverages in automobiles through the use of outside service personnel. This does not include those restaurants which only contain drive-in or walk-up service windows.

Dwelling, attached/townhouses. A building containing three (3) or more dwelling units attached at the side or sides in a series, separated by a boundary wall and each unit having a separate lot with at least minimum dimensions required by district regulations for such sections.

Dwelling, duplex. A building containing two (2) dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition.

Dwelling, mobile home. A special form of one-family dwelling with the following characteristics:

(a)

Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems.

(b)

Designed to be transported after fabrication on its own wheels.

(c)

Arriving at the site where it is to be occupied complete, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location and provision of support on the site, connection with utilities and the like.

(d)

Intended to be used other than as a component in a structure two (2) or more stories in height.

Dwelling, multiple-family. A building containing three (3) or more dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lot.

Dwelling, semidetached. A building containing two (2) dwelling units attached at the sides, separated by a boundary wall and each having a separate lot.

Dwelling, single-family. A building containing one (1) dwelling unit, entirely surrounded by a yard. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents or other forms of temporary or portable housing are not included within this definition.

Dwelling, single-family, ancillary. A building containing one (1) dwelling unit, entirely surrounded by a yard but located on the same lot with a separate single-family dwelling of greater floor area. Mobile homes, travel trailers, housing mounted on self-propelled or drawn vehicles, tents, or other forms of temporary or portable housing are not included within this definition.

Dwelling unit. A "dwelling unit" is a room or rooms connected together, constituting an independent residence for a family and including permanent provisions for living, sleeping, eating, cooking and sanitation.

Eating and drinking establishment or restaurant. A commercial establishment where food, beverages and meals are served and consumed, including any areas set aside for their storage or preparation, but not including bars or nightclubs.

Eleemosynary or philanthropic institution. A charitable or benevolent operation qualifying for tax exemption under section 501 of the Internal Revenue Code of 1954, as amended.

Energy storage facility. Energy storage equipment or technology that can absorb energy, store such energy for a period of time, and redeliver energy after it has been stored. This term includes battery storage facilities.

Environmental education center. A facility having the primary purpose of educating visitors on the nearby natural environment through the use of informative displays, exhibits, outdoor activities and similar means.

Exchange visitor program participant. A foreign national who has been selected by a sponsor to participate in an exchange visitor program, and is seeking to enter or has entered the United States temporarily on a non-immigrant J-1 visa and who meets all requirements set forth for participation in the summer work travel program by the United States Department of State.

Explosive, high. Explosive material, as defined in the current editions of the International Fire Code and International Building Code, which can be detonated by means of a No. 8 test blasting cap when unconfined.

Explosive, low. Explosive material, as defined in the current edition of the International Fire Code and International Building Code, that will burn or deflagrate when ignited and is characterized by a rate of reaction that is less than the speed of sound.

Family. A "family" is:

(a)

An individual living alone in a dwelling unit; or

(b)

Any of the following groups of persons, living together and sharing living areas in a dwelling unit:

(1)

Two (2) or more persons related by blood, marriage, adoption, or approved foster care;

(2)

A group of not more than four (4) persons (including on premise employees) who need not be related by blood, marriage, adoption or approved foster care;

(3)

A group of not more than eight (8) persons with mental illness, intellectual disability or developmental disabilities residing with one (1) or more resident or nonresident staff persons in a facility whose licensing authority is the Department of Behavioral Health and Developmental Services; provided, that mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401 of the Code of Virginia;

(4)

A group of not more than eight (8) aged, infirm or disabled persons residing with one (1) or more resident counselors or other staff persons in a residential facility or assisted living facility for which the Virginia Department of Social Services is the licensing authority;

(5)

A group of not more than two (2) adults, who need not be related by blood or marriage, and the dependent children of each of the two (2) adults, provided that the children are under nineteen (19) years of age or are physically or developmentally disabled; or

(6)

A group of not more than eight (8) Exchange Visitor Program Participants as defined by this ordinance living in accordance with the provisions of Article 2, Section 209.7 - Dwelling unit - Exchange Visitor Program Participant Housing.

Family day-care home. Any private family home which, as a home occupation, provides care, protection and guidance during a part of the twenty-four-hour day to a group of: (1) children separated from their parents or guardians; (2) adults sixty-two (62) years of age or older; or (3) persons under a disability. This term shall apply only to homes in which more than four (4) such persons are received, except persons who are related by blood or marriage to persons who maintain the home or where the total number of such persons received, including relatives, exceeds seven (7). For purposes of this definition, a person is deemed to be under a disability if he or she is found by a licensed physician to be unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or deformity which can be expected to result in death or to last for the duration of such person's life.

Farm distillery. A distillery that manufactures not more than thirty-six thousand (36,000) gallons of alcoholic beverages other than wine or beer per calendar year, and (i) is located on a farm owned or leased by such distillery or its owner; and (ii) in which all agricultural products used by such distillery in the manufacture of its alcoholic beverages are grown on the farm.

Farm winery. An establishment licensed as a farm winery pursuant to Code of Virginia § 4.1-207(5) and located on a farm having a producing vineyard, orchard or similar growing area, or agreements for purchasing grapes or other fruits from agricultural growers within the Commonwealth, and with facilities for fermenting and bottling wine on the premises, where the owner or lessee manufactures wine that contains not more than eighteen (18) percent alcohol by volume.

As used in this definition, the terms "owner" and "lessee" includes a cooperative formed by an association of individuals for the purpose of manufacturing wine. In the event such cooperative is licensed as a farm winery, the term "farm" as used in this definition includes all of the land owned or leased by the individual members of the cooperative within the Commonwealth of Virginia.

Fiber-optics transmission facility. A centralized facility in which fiber-optic voice and data transmission equipment is used to regenerate and route incoming fiber-optic signals.

Firewood preparation facility. A facility where the cutting and splitting of firewood not grown on the premises occurs and where the operation occupies one (1) acre or more.

Flex suite. A living unit with separate kitchen and toilet facilities, located within a single-family dwelling and having direct interior access to the primary living unit.

Flood insurance study. A report by the Federal Emergency Management Agency (FEMA) that examines, evaluates, and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation, and determination of mudflow or flood-related erosion hazards.

Floodplain. Any land area susceptible to being inundated by water from any source and floodplains subject to special restrictions as defined in Appendix K, section 4.10.

Floodway. The channel of a river or other watercourse and the adjacent land areas that shall be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The "floodway" may also be referred to as the "regulatory floodway."

Floor area. "Floor area" shall be construed as the sum of the gross horizontal areas of the several floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings; provided that the following areas shall be excluded from the determination of floor area: Attic areas with headroom of less than seven (7) feet, unenclosed stairs of fire escapes, elevator structures on the roof, areas devoted exclusively to air conditioning, ventilating and other building machinery and equipment, and parking structures.

Floor area ratio. The ratio of floor area to land area expressed as a percent or decimal which shall be determined by dividing the total floor area on a zoning lot by the lot area of that zoning lot.

Garage apartment. A structure above a private garage in which provision is made for one (1) dwelling unit, requiring an interior stairway to the second floor, provided that the living area does not exceed eight hundred (800) square feet of floor area and the height does not exceed twenty-eight (28) feet.

Garage, parking. A building or structure, or portion thereof, designed or used for temporary parking of motor vehicles, and consisting of no more than one (1) parking level.

Garage, private. An accessory structure or part of the principal structure which is intended for parking or temporary storage of automobiles of owners or occupants of the premises.

Garage, repair. A building or portion thereof, other than a private, storage or parking garage, designed or used for repairing or equipping of automotive vehicles only where the repair work includes activities in addition to those allowed at automobile service stations. Such garages may also be used for storage of automotive vehicles.

Garage, storage. A building or portion thereof designed and used exclusively for the storage of automotive vehicles, and within which temporary parking may also be permitted.

Guest house. A dwelling or lodging unit for temporary nonpaying guests in an accessory building. No such living quarters shall be rented, leased, or otherwise made available for compensation of any kind, nor shall such quarters include over five hundred (500) square feet of floor area. Kitchen facilities are not permitted.

Heliport. A landing and take-off place for a helicopter including accessory terminal and fuel accommodations.

Helistop. A landing and take-off place for a helicopter.

Home-based wildlife rehabilitation facility. A facility where care is regularly given to sick, injured, orphaned, or displaced wildlife on a temporary basis.

Home occupation. The conduct of a business in a residential dwelling unit where all of the following characteristics are present:

(a)

The use of the dwelling unit for the business is clearly incidental and subordinate to its use for residential purposes by its occupants.

(b)

There is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for an identification sign regulated by this ordinance.

(c)

The home occupation is conducted on the premises which is the bona fide residence of the principal practitioner, and no more than one (1) person other than a member of the immediate family occupying such dwelling unit is employed in the business.

(d)

There are no sales to the general public of products or merchandise from the home.

(e)

The use does not qualify as an accessory use as defined by this ordinance.

Home sharing. A dwelling unit in which a room or rooms are offered for rental for compensation for a period of less than thirty (30) consecutive days by an owner who utilizes the dwelling unit as his principal residence and occupies the dwelling unit during any such rental period.

Homeowners' association. An incorporated, nonprofit organization made up of homeowners in a specified subdivision or subdivisions, that shall be responsible for maintenance and operation of neighborhood recreation facilities or other community facilities or functions, and that shall assess its members fees or dues to offset the cost thereof.

Hotel and motel. A building or group of attached or detached buildings containing dwelling or lodging units in which fifty (50) percent or more of the units are lodging units, and for which compensation is exchanged for short-term occupancy of the dwelling or lodging units. A hotel shall include a lobby, clerk's desk or counter and facilities for registration and keeping of records relating to hotel guests.

Housing for seniors and disabled persons. A category of multiple-family housing that includes one or more of the following types of housing facility:

(a)

Independent living facilities are intended for residency by individuals capable of functional independence. Such facilities stress the social, rather than the medical, needs of the resident;

(b)

Assisted living facilities provide regular medical, nursing, social and rehabilitative services, in addition to room and board, for functionally impaired persons incapable of independent living. Such facilities provide less intensive care for residents than is provided by nursing facilities; and

(c)

Nursing facilities provide twenty-four-hour nursing service for infirm or incapacitated persons.

Indoor play center. A type of indoor recreational facility at which indoor playground equipment, inflatable play structures, soft play equipment or similar items are provided for use primarily, but not necessarily exclusively, by children under twelve (12) years of age or at which organized activities for such children are regularly held.

Junkyard. Any lot or parcel of land, structure or part thereof used for the collection, storage and sale of wastepaper, rags or scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

Kennel, commercial. Any premises in which caring, breeding, housing, and keeping of dogs, cats, or other domestic animals is done for monetary purposes.

Kennels, residential. Any premises in which, or parcel of land upon which, more than four (4) dogs over six (6) months of age are kept for pets or for hunting, exhibiting, dog shows, field and obedience trials.

Kitchen. An area within a dwelling unit that constitutes a permanent provision for cooking.

Landscaped. Devoted exclusively to plants which are rooted directly in the ground or in permanently fixed planter boxes properly maintained.

Limited use accessory dwelling unit. A dwelling unit located on the same zoning lot as the principal dwelling unit which (i) shall only be occupied by a member(s) of the immediate family who currently reside in and are owners of the principal dwelling unit or an on premise employee, (ii) are only allowed in the R-40 Residential Zoning District as an accessory use, (iii) shall not be rented, leased or otherwise used for any purpose not specifically permitted, (iv) shall not contain more than one (1) bedroom nor more than eight hundred (800) square feet of building floor area, and (v) the building floor area of the limited use accessory dwelling unit shall be counted toward the maximum accessory structure building floor area of the zoning lot. For the purposes of this definition a "member(s) of the immediate family" means any person who is a natural or legally adopted child or grandchild, grandparent, parent or spouse of a family member that resides in the principal dwelling, and an "on premise employee" means one who is employed, for compensation, by a family member residing in the principal dwelling and must provide an on premise service such as, but not limited to, caretaker, childcare provider, landscaper, or chef.

Live-work unit. A unit, consisting of both living space and work space, in which commercial activity is carried on by at least one resident of the unit and in which such activity is not otherwise allowed as a home occupation or accessory use.

Lodging unit. Living quarters for a family which do not contain independent kitchen facilities; provided, however, that dwelling units which do not exceed one thousand two hundred (1,200) square feet and are not made available for occupancy on a lease or rental basis for periods of more than one (1) month shall be considered lodging units even though they contain independent kitchen facilities.

Lot. A piece or parcel of land abutting on a street and treated by proper legal instrument.

Lot coverage. That percent of a zoning lot covered by enclosed building space including total area of all covered open space (except for open space covered by eaves and normal overhang of roofs) but not including uncovered entrance platforms, uncovered terraces, or uncovered steps where such features do not themselves constitute enclosures for building areas below them.

Lot, front of. The front of a lot shall be considered to be that boundary of the lot which abuts on a street. In the case of corner lot, the narrowest boundary fronting on a street shall be considered to be the front of the lot. In case the corner lot has equal frontage on two (2) or more streets, the lot shall be considered to front on the principal street on which the greatest number of lots have been platted within the same block.

Lot, through. Any lot other than a corner lot that has frontage on more than one (1) street or private road.

Major entertainment venue. An establishment located other than in an Agricultural, Residential or Apartment District on any zoning lot of one and one-half (1½) acres or more in area and having more than three hundred (300) feet of continuous street frontage on a public street or streets, the principal use of which is to provide entertainment consisting of organized professional sporting events, live theatre presentations or concerts, conventions, museum exhibitions, trade shows, or similar activities.

Major recreational equipment. For purposes of this ordinance, major recreational equipment includes travel trailers, pickup campers or coaches, motorized dwellings, tent trailers, converted buses or similar devices intended for use as portable recreational housing, boats and boat trailers, amphibious houseboats, utility trailers and similar items, and cases, boxes, or trailers used for transporting recreational equipment, whether occupied by such equipment or not.

Major retail venue. An establishment located other than in an Agricultural, Residential or Apartment District on any zoning lot of four million (4,000,000) square feet or more the principal use of which is to provide entertainment (indoor recreation) and retail shopping. Such zoning lot shall be distinguishable by architecture, design and accessibility of the development features of the property.

Marina, commercial. A facility for secure mooring of boats, including facilities for storage and repair of boats and sale of boating supplies and fuel, for use by the owner or resident of the lot, and those other than the owner or resident of the lot, upon which the facility is located.

Marina, noncommercial. A facility for secure mooring of boats for use by persons including the owner or resident of the lot and those other than the owner or resident of the lot upon which the facility is located, at which facilities for storage and repair of boats and sale of boating supplies and fuel are not provided for.

Mini-warehouses. A series of individual enclosed storage units for rent or lease.

Mixed use. Two (2) or more separate uses allowed as principal or conditional uses that are physically and functionally integrated with the same structure on one (1) zoning lot.

Mobile home. A structure, transportable in one (1) or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes, but it is not limited to, the definition of "mobile home" as set forth in regulations governing the mobile home safety and construction standards program.

Mobile home park or mobile home subdivision. A parcel (or contiguous parcels) of land divided into two (2) or more mobile home lots for rent or sale which include facilities for servicing the lot on which the mobile home is to be affixed, including at a minimum the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets.

Motor vehicle sales and rental. Any lot or establishment where two (2) or more motor vehicles, including trucks, trailers, house trailers or motor homes, or any combination thereof, but not including motorcycles, are displayed for sale or rent.

Mulch processing facility. A facility at which raw materials are processed into mulch.

Municipal oceanfront entertainment venue. An establishment located in the Oceanfront Resort District on property owned or leased by the municipality, and the principal use of which is to provide entertainment to the public consisting of live theatre presentations, concerts, and similar activities. A municipal oceanfront entertainment venue must meet the requirements of section 218.

Open-air market. An outdoor market for the retail sale of new or used merchandise, produce or other farm products, whether operated by a single vendor or composed of stalls, stands or spaces rented or otherwise provided to vendors. The term does not include the outside display of merchandise as an incidental part of retail activities regularly conducted from a permanent building on sidewalks or other areas immediately adjacent to, and upon the same lot as, such building. The term also does not include merchandise sold at festivals or other special events, temporary in duration, at which the display and sale of merchandise is incidental to the primary cultural, informational or recreational activities of such festival or special event.

Outdoor amenity space. An outdoor area of an establishment that: (1) serves as an amenity for occupants of the establishment or members of the public or (2) consists of green space, such as gardens (including roof gardens), landscaping beds or other vegetated and maintained areas. Examples of outdoor amenity space include, but are not limited to, courtyards, fountains, plazas, cafes, and gardens, but do not include outdoor display areas.

Outdoor cafe. An eating and drinking establishment located wholly or partially outdoors.

Outdoor plaza. An outdoor open area, located in an urban setting, which is intended be used by the public for walking, sitting, informally meeting and similar activities.

Owner. Any person or authorized agent who has legal title to the land involved or who has a lease having a term of not less than thirty (30) years.

Parking lot, commercial. A parcel of land or portion thereof used for the parking or storage of motor vehicles as a commercial enterprise for which compensation is charged independently of any other use of the premises.

Parking lot, commercial, temporary. A commercial parking lot that operates for one (1) year or less.

Parking structure. A building or structure, or portion thereof, designed or used for temporary parking of motor vehicles and consisting of more than one (1) parking level or containing retail sales establishments and parking at different levels.

Permanent cosmetic tattooing. Placing marks upon or under the skin of any person with ink or any other substance, by the use of needles or other instruments designed to touch or puncture the skin, resulting in the permanent or semi-permanent coloration of the skin on the face, including eyebrows, eyeliners, lip coloring, lip liners, full lips, cheek blush, eye shadow, forehead and scalp micropigmentation, and on the body for breast and scar repigmentation or camouflage.

Personal service establishment. An establishment in which personal, financial, technical or similar services are provided, including barbershops, beauty shops, shoe repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment repair shops, linen supply establishments, photography studios and similar establishments, but not including automobile repair establishments, tattoo parlors, body piercing establishments or any other use allowed separately as a principal or conditional use in a zoning district. Permanent cosmetic tattooing is an accessory use to a personal service establishment, full-service beauty salon, in accordance with the provisions of section 209.8

Personal watercraft. A motorboat less than sixteen (16) feet in length which uses an inboard motor powering a jet pump as its primary motive power and which is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside, the vessel.

Planning director. The director of the department of planning or his designee.

Porch. A one, two, or three-story structure attached to a building to shelter an entrance or to serve as covered but unenclosed space.

Portable recreation housing—Recreation units. A general term used to include travel trailers, pick-up campers, tents, converted buses or similar devices, other than mobile homes, intended for use as temporary portable recreational housing.

Portable storage container. A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. The term shall not include yard waste containers provided by the city pursuant to City Code section 31-35, roll-off containers, or containers having a storage capacity of less than one hundred fifty (150) cubic feet.

Principal residence. Principal residence shall be the location where a person lives fifty (50) percent or more of the time. A person shall not have more than one (1) principal residence.

Principal structure. A structure that encloses or houses any principal use.

Private club. An incorporated or unincorporated association for civic, social, cultural, religious, literary, political, recreational, or like activities, operated for the benefit of its members and not open to the general public.

Private sewage treatment facility. Any works, owned or operated by a person or entity other than the City of Virginia Beach or the Hampton Roads Sanitation District, for the treatment of sewage generated by one (1) or more privately owned structures. The term shall include treatment works, interceptor sewers, outfall sewers which provide surface discharge into a ditch, stream or body of water, sewage conveyance systems, and their equipment and appurtenances, but shall not include on-site septic tank systems or similar in-ground systems approved by the Virginia Beach Health Department or facilities connected to the public sewer system.

Public floor area shall include the entire floor area of an establishment except for rest rooms, offices, storage areas, kitchen areas and other areas in which patrons do not ordinarily congregate. "Standing space" shall include the entire public floor area of an establishment except for areas designated for seating or egress. The permits and inspections administrator of the department of planning shall make such determination based upon the floor plan of the establishment in accordance with the provisions of the International Building Code. Once such a determination has been made, the standing space of an establishment shall not be increased so as to be in excess of fifteen (15) percent of the public floor area except in accordance with section 233.1(a)(5) of this ordinance.

Public use. Any use conducted by a public agency for a bona fide public purpose on land owned or leased by that agency.

Recreational resort community. A community with an emphasis on outdoor recreational activities with seasonal living accommodations for tourists and owners. Such communities shall not provide long-term permanent housing or principal residences. Accommodations may consist of any combination of motor homes, recreation vehicles, park model trailers, manufactured housing or cottages.

Religious uses. Places of religious worship, such as churches, synagogues, temples, mosques, similar places and their appurtenant uses.

Residential care for seniors. A single-family dwelling in which a resident thereof or twenty-four (24) hour caretakers, for compensation, regularly provide care, protection, and supervision for a maximum of three (3) persons sixty-two (62) years of age or older.

Resource management area. That component of a Chesapeake Bay Preservation Area not classified as a resource protection area. Resource management areas include land types which, if improperly used or developed, have the potential for causing significant water quality degradation or for diminishing the functional value of a resource protection area.

Resource protection area. That component of a Chesapeake Bay Preservation Area comprised of lands at or near the shoreline which have an intrinsic water quality value due to the ecological and biological processes they perform or are sensitive to impacts which may result in significant degradation to the quality of state waters.

Retail establishment. Any building used for the display and sale of merchandise, except of an incidental nature, to the general public at retail. As used in Part D of Article 2 of this Ordinance, the term shall also include eating and drinking establishments.

Shelter for farm employees. A single-family residential structure located on a farm for the purpose of housing a single-family of employees of that farming business.

Shopping center. A group of two (2) or more retail or other commercial establishments, including those located on outparcels, having any or all of the following characteristics:

(a)

The establishments are connected by party walls, partitions, canopies or similar features;

(b)

Some or all of the establishments are located in separate buildings which are designed as a single commercial group sharing common parking areas and vehicular ways and which are connected by walkways or other access ways;

(c)

The establishments are under the same management or association for the purpose of enforcing reciprocal agreements controlling management or parking; or

(d)

The establishments are structurally designed in an integrated fashion around or along the sides of a promenade, walkway, concourse or courtyard.

Short-term rental. A dwelling that does not meet the definition of home sharing in which a room or rooms, or the entire dwelling are rented for less than thirty (30) consecutive days for compensation.

Single room occupancy facility. A building or buildings containing multiple single room occupancy units.

Single room occupancy unit. A living space with a minimum floor area of one hundred fifty (150) square feet and a maximum floor area of four hundred fifty (450) square feet restricted to occupancy by one (1) person identified by the department of human services as having limited permanent housing alternatives and occupying the unit as a primary residence and not as transient or overnight housing or lodging.

Small wireless facility. Small wireless facility means a wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume, or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six (6) cubic feet and (ii) all other wireless equipment associated with the facility has a cumulative volume of no more than twenty-eight (28) cubic feet.

Solid waste management facility. A facility or site used for the treatment, source separation, storage, transportation, transfer or disposal of solid waste.

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 set forth in the Floodplain Ordinance (Appendix K).

Specialty shop. A retail store, not exceeding three thousand (3,000) square feet, that caters to particularized markets, such as tourists, ethnic groups, collectors, and offering goods not generally available in convenience or general retail stores.

Street. A vehicular way, whether public or private, (which may also serve in part as a way for pedestrian traffic) whether called street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise designated.

Structure. Anything constructed or erected with a fixed location on the ground, or requiring a fixed location on the ground, or attached to something having or requiring a fixed location on the ground.

Student center. A building or structure devoted to active or passive recreational facilities for students of a college or university and operated by an agent of the college or university.

Student dormitory. A building or structure devoted to housing of regularly enrolled students of a college or university which contains lodging units or sleeping rooms and may contain a common kitchen and dining facility for the occupants and operated by an agent of the college or university with which the students are affiliated.

Substantial damage. Damage from any cause sustained by a structure as a result of which the cost of restoring such structure to its pre-damaged condition equals or exceeds fifty (50) percent of its market value prior to the occurrence of such damage.

Substantial improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Tattoo parlor. Any place in which is offered or practiced the placing of designs, letters, scrolls, figures, symbols or any other marks upon or under the skin of any person with ink or any other substance, by the use of needles or other instruments designed to touch or puncture the skin, resulting in the permanent coloration of the skin, except when performed by a medical doctor, registered nurse or any other medical services personnel licensed pursuant to Title 54.1 of the Code of Virginia in the performance of his professional duties. A personal service establishment providing permanent cosmetic tattooing as an accessory use in accordance with the provision of section 209.8 shall not be deemed a tattoo parlor.

Trailer. Any vehicle lacking motive power designed for carrying property or passengers wholly on its own structure and which is customarily drawn by a motor vehicle.

Truck. Any motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of seven thousand five hundred (7,500) pounds.

Use. A "use" is:

(a)

Any purpose for which a structure or a tract of land is designed, arranged, intended, maintained, or occupied; or

(b)

Any activity, occupation, business, or operation carried on, or intended to be carried on, in a structure or on a tract of land.

Utility installation (public or private). Any plant, or equipment or other facility used for the production, transmission or distribution to the public of telecommunications, electric, natural gas, water, cable, stormwater or sewage service; provided, however that the term shall not include communication towers or other uses or structures listed separately in this ordinance.

Wetlands. Areas shall include those defined in section 1401(e)(f)(j) of this ordinance and shall also include tidal wetlands, which are vegetated and nonvegetated wetlands, as defined in section 1401 of this ordinance; and nontidal wetlands, which are those wetlands, other than tidal wetlands, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as identified or referred to in the City of Virginia Beach Soil Survey by soil names Backbay Mucky Peat; Duckston portion of Corolla-Duckston Fine Sands; Dorovan Mucky Peat; Duckston Fine Sand; Nawney Silt Loam; Pamlico Mucky Peat; Pamlico-Lakehurst Variant Complex; Rapahannock Mucky Peat, Strongly Saline or Pocaty Peat; and any other lands which under normal conditions are saturated to the ground surface and connected by surface flow and contiguous to tidal wetlands or tributary streams.

Wildlife. Any mammal, bird, reptile or amphibian listed on the Virginia Department of Game and Inland Fisheries' list of native and naturalized fauna of Virginia.

Wildlife rehabilitation center. A professionally-operated facility with an on-site veterinary staff where care is regularly given to sick, injured, orphaned, or displaced wildlife until such time as such wildlife possesses sufficient health that it can be returned to its native habitat.

Wind energy conversion system. Any device, such as a windmill, wind turbine or wind charger, that converts wind energy into electricity, including the rotors, nacelles, generators, towers and associated control or conversion electronics.

Wind energy conversion system, freestanding. A wind energy conversion system other than roof-mounted.

Wind energy conversion system, roof-mounted. A wind energy conversion system affixed to the roof of a building or other structure.

Wine-tasting room. An establishment licensed as a winery or farm winery that serves only wine or non-alcoholic beverages for retail on-premises or off-premises consumption and that does not serve meals.

Wireless telecommunication equipment includes antennas and their appurtenances used for purposes of providing wireless telecommunication services.

Yard. An open space that lies between the principal or accessory building or buildings and the lot lines, and in the case of lots containing ancillary single-family dwellings, a yard also consists of open space that lies between the ancillary single-family dwelling and the principal single-family dwelling located on the lot. This term includes front yards, rear yards, interior yards, and side yards as appropriate. Minimum dimensions of such yards are specified in the appropriate sections of this ordinance and within such minimum dimensions, yards are unoccupied and unobstructed from the ground upward except as may be specifically provided in this ordinance.

Yard, required. That portion of a lot adjacent to each lot line and encompassing all points on the lot within a minimum setback distance of the lot lines as set forth in the applicable district regulations.

Yard, required front. That portion of a lot encompassing all points on the lot within a minimum setback distance of the front of the lot as specified in the applicable district regulations.

Yard, required interior. That portion of a lot encompassing all points in the lot within a minimum distance between an ancillary single-family dwelling and the principal single-family dwelling located on the lot as specified in the applicable district regulations.

Yard, required rear. That portion of a lot encompassing all points in the lot within a minimum setback distance of the rear lot line or line of the lot as specified in the applicable district regulations, except that in the case of through lots there will be no rear yards, but only front and side yards.

Yard, required side. That portion of a lot encompassing all points in the lot within a minimum setback distance of the side lot line or lines of the lot as specified in the applicable district regulations.

Zoning lot. A lot or any portion thereof, or contiguous lots under common ownership within a single zoning district, which are to be used, developed or built upon as a unit. For the purpose of this definition, lots of the same ownership separated solely by an alley of no more than twenty (20) feet in width and by a distance not exceeding the width of the alley shall be considered contiguous. In a Strategic Growth Area, zoning lots may include lots containing parking structures not under common ownership with the other lots, provided that such parking structures are utilized to satisfy, in whole or in part, the vehicular parking requirements of one or more of the uses on the zoning lot and the property is developed in such manner that the uses, including the parking structures, are functionally integrated by means such as, but not limited to, pedestrian connections, similar building materials and architecture and similarly-styled signage. Such signs shall conform to the Central Business Core District Sign Design Guidelines.

(Ord. No. 1836, 3-20-89; Ord. No. 1843, 3-27-89; Ord. No. 1906, 8-14-89; Ord. No. 1915, 9-11-89; Ord. No. 2002, 9-18-90; Ord. No. 2007, 11-6-90; Ord. No. 2117, 3-24-92; Ord. No. 2151, 6-23-92; Ord. No. 2175, 9-22-92; Ord. No. 2196, 12-8-92; Ord. No. 2210, 4-13-93; Ord. No. 2270, 6-14-94; Ord. No. 2315, 4-11-95; Ord. No. 2360, 11-28-95; Ord. No. 2413, 8-13-96; Ord. No. 2459, 10-28-97; Ord. No. 2495, 6-23-98; Ord. No. 2505, 9-8-98; Ord. No. 2513, 10-27-98; Ord. No. 2563, 10-26-99; Ord. No. 2570, 1-4-00; Ord. No. 2607, 8-22-00; Ord. No. 2609, 8-22-00; Ord. No. 2627, 4-24-01; Ord. No. 2660, 8-28-01; Ord. No. 2671, 10-23-01; Ord. No. 2693, 5-14-02; Ord. No. 2704, 6-25-02; Ord. No. 2713, 7-9-02; Ord. No. 2782, 8-26-03; Ord. No. 2856, 12-7-04; Ord. No. 2864, 2-8-05; Ord. No. 2883, 6-14-05; Ord. No. 2909, 12-20-05; Ord. No. 2929, 3-14-06; Ord. No. 2968, 1-23-07; Ord. No. 2972, 2-27-07; Ord. No. 2976, 4-24-07; Ord. No. 3000, 9-25-07; Ord. No. 3004, 11-13-07; Ord. No. 3042, 7-1-08; Ord. No. 3046, 8-26-08; Ord. No. 3050, 9-9-08; Ord. No. 3080, 5-12-09; Ord. No. 3102, 9-8-09; Ord. No. 3114, 2-9-10; Ord. No. 3115, 2-9-10; Ord. No. 3119, 3-9-10; Ord. No. 3141, 6-22-10; Ord. No. 3145, 7-13-10; Ord. No. 3154, 11-9-10; Ord. No. 3161, 2-8-11; Ord. No. 3217, 2-28-12; Ord. No. 3227, 4-24-12; Ord. No. 3244, 7-3-12; Ord. No. 3246, 7-10-12; Ord. No. 3247, 7-10-12; Ord. No. 3259, 8-28-12; Ord. No. 3310, 11-26-13; Ord. No. 3322, 1-14-14; Ord. No. 3328, 2-25-14; Ord. No. 3361, 7-1-14; Ord. No. 3378, 10-7-14; Ord. No. 3390, 1-6-15; Ord. No. 3397, 3-17-15; Ord. No. 3403, 4-21-15; Ord. No. 3412, 5-19-15; Ord. No. 3416, 5-19-15; Ord. No. 3423, 7-7-15; Ord. No. 3427, 8-18-15; Ord. No. 3441, 4-19-16; Ord. No. 3468, 12-6-16; Ord. No. 3471, 12-6-16; Ord. No. 3506, 6-20-17; Ord. No. 3514, 7-11-17; Ord. No. 3524, 12-5-17; Ord. No. 3526, 12-12-17; Ord. No. 3528, 1-9-18; Ord. No. 3571, 11-20-18; Ord. No. 3578, 1-15-19; Ord. No. 3613, 2-11-20; Ord. No. 3702, 7-12-22; Ord. No. 3764, 4-16-24; Ord. No. 3772, 5-21-24)