The purpose of the RT-1 Resort Tourist District is to provide areas which can accommodate high density hotels and their related needs and where a high concentration of resort facilities are desirable. This district is not intended for general application but should be limited generally to those properties contiguous to Atlantic Avenue. Development in the district should advance Resort Area land use and design goals and, as expressed in the Comprehensive Plan, conform to the Resort Area Strategic Area Plan and the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan. While under the Navy's OPNAV Instruction 11010.36 C (October 9, 2008), hotels and motels in accident potential zones or in noise zones 65-70 dB DNL or higher are not deemed to be compatible with operations arising out of Naval Air Station Oceana, such uses are the historical base of the City of Virginia Beach's Resort Area. The development and enhancement of high-quality hotel and motel uses is thus encouraged, but such uses should be sensitive to their proximity to Naval Air Station Oceana and should, therefore, be compatible with air operations to the greatest extent possible.

(Ord. No. 1983, 6-18-90; Ord. No. 2914, 12-20-05; Ord. No. 3247, 7-10-12)

(a)

The following chart lists those uses permitted within the RT-1 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Oceanfront Resort Area Design Guidelines.

(b)

Structures enclosing uses permitted in conjunction with hotels and motels shall be subject to the following requirements:

(1)

Such structures shall be located entirely within and shall be fully enclosed at all times by solid exterior walls and roof with no exterior opening, other than passageway doors as may be required by the Virginia Uniform Statewide Building Code;

(2)

Except with respect to boardwalk cafes as permitted by franchise agreements approved by the city council, no entrance or exit to the use shall be located on the side of any structure facing the boardwalk, unless such entrance or exit provides access to a courtyard or intervening open area, in which case such open area shall be fully fenced or walled to a height of at least four (4) feet and without any entrances or exits facing the boardwalk; and

(3)

Parking structures shall be permitted in conjunction with hotels and motels provided that any ground level parking within the structure fronting on Atlantic Avenue, the boardwalk, or any public park or open space is prohibited except for necessary access drives and ramps.

(c)

Proposed conditional uses shall be evaluated for consistency with the following criteria regarding general land use, transportation, and aesthetic provisions in order to further the legislative intent of the RT-1 District and the goals of the Comprehensive Plan and Resort Area Strategic Action Plan:

(1)

Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination;

(2)

The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination;

(3)

The use and structure should complement resort activity centers and corridors and advance the area's public and private investments;

(4)

All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality image as expressed in the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan;

(5)

All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and

(6)

The use should be appropriate for both local residents and visitors to the area.

(Ord. No. 1983, 6-18-90; Ord. No. 2062, 5-14-91; Ord. No. 2116, 3-24-92; Ord. No. 2261, 2-8-94; Ord. No. 2277, 6-14-94; Ord. No. 2316, 4-11-95; Ord. No. 2416, 9-3-96; Ord. No. 2427, 10-29-96; Ord. No. 2460, 10-28-97; Ord. No. 2513, 10-27-98; Ord. No. 2552, 7-6-99; Ord. No. 2570, 1-14-00; Ord. No. 2713, 7-9-02; Ord. No. 2914, 12-20-05; Ord. No. 2968, 1-23-07; Ord. No. 3046, 8-26-08; Ord. No. 3102, 9-8-09; Ord. No. 3247, 7-10-12; Ord. No. 3403, 4-21-15; Ord. No. 3514, 7-11-17; Ord. No. 3620, 6-16-20; Ord. No. 3661, 5-18-21; Ord. No. 3667, 7-13-21; Ord. No. 3788, 11-12-24)

(a)

Minimum lot size: Fourteen thousand (14,000) square feet.

(b)

Minimum lot width: Seventy (70) feet.

(c)

Minimum yard requirements: Five (5) feet front yard, five (5) feet side yard when adjacent to a street, other than the boardwalk; provided, however, that the planning director may allow a lesser or zero setback where:

(1)

The proposed development is of a type and quality consistent with applicable standards set forth in the comprehensive plan;

(2)

The amenities and architectural features of the proposed development, particularly the design of building facades facing connector parks or east-west oriented streets, are provided in such manner as to create an attractive and pedestrian-scale streetscape; and

(3)

No mechanical equipment, other than public utility facilities, or refuse receptacles are visible from grade level on the public right-of-way.

(d)

Maximum height: One hundred (100) feet at the easternmost property line and one and one-half (1½) feet of height for each additional foot west of the easternmost property line not to exceed an overall maximum height of two hundred (200) feet.

(e)

The height of any building or structure may be increased to a maximum height of two hundred (200) feet if permanent open space meeting the following criteria is provided on either (i) the same zoning lot as the building or structure, or (ii) on another lot under the same ownership as the lot on which the building or structure is located and separated from such lot solely by a public street of no more than one hundred (100) feet in width and by a distance no greater than the width of the public street, and:

(1)

The open space consists of an area or areas having a total of no less than fifteen thousand (15,000) square feet, has a total width at both the eastern and western property lines of no less than one hundred (100) feet, extends continuously from Atlantic Avenue to the nearest public property lying east of the open space, and both eastern and western property lines are no less than twenty-five (25) feet in width;

(2)

A legal instrument conveying fee simple title or a perpetual easement to the city, in form and content acceptable to the city attorney, ensuring the permanent availability of such open space for use by the general public is admitted to record in the clerk's office of the circuit court; and

(3)

Such open space is unobstructed by any artificial structure standing more than eighteen (18) inches above ground level, except for benches, planters or similar decorative fixtures, public art, site lighting, bandshells, public rest rooms, stages, or other public amenities approved by the planning director. The location of any such structures shall, where feasible, be located so as to preserve views of the Atlantic Ocean.

(f)

Notwithstanding the provisions of subsections (d) and (e) hereof, no building or other structure shall exceed the height limit established by section 202(b), regarding air navigation.

(Ord. No. 1983, 6-18-90; Ord. No. 2688, 4-9-02; Ord. No. 2856, 12-7-04)

(a)

Within the RT-1 Resort Tourist District, sign regulations pertaining to hotels and motels shall be as follows:

(1)

For each twenty (20) feet of frontage and for each forty (40) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than forty (40) square feet of signage shall be permitted; provided, however, that no establishment shall have more than four (4) signs of which one (1) may be a freestanding sign; and provided further, that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet in area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet in area per face. No sign of any type shall exceed one hundred fifty (150) square feet in area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty (30) square feet in area.

(b)

Within the RT-1 Resort Tourist District, sign regulations pertaining to multiple-family dwellings, parks, playgrounds, community centers, botanical and zoological gardens and other public buildings and uses shall be as specified in the most restrictive district where the use is permitted as a principal use.

(c)

Signage for boardwalk cafes permitted as part of a city council approved franchise agreement shall not be counted against the sign allowance specified elsewhere in this section.

(d)

Signage for bicycle rental establishments, as permitted in section 1501(a)(4), shall not be counted against the sign allowance specified elsewhere in this section.

(e)

Sign regulations pertaining to all other uses and structures shall be as specified for the building type in the SH-2 Shopping 2 frontage within the OR Oceanfront Resort District. Where the building is not of a type identified in the sign regulations applicable in the SH-2 Shopping 2 frontage, the applicable regulations shall be those pertaining to the building type determined by the zoning administrator to most closely resemble such building.

(Ord. No. 1983, 6-18-90; Ord. No. 2062, 5-14-91; Ord. No. 3442, 4-19-16)

Parking shall be required for hotels and motels in the RT-1 Resort Tourist District in accordance with section 203, and shall not be required for other uses or structures within the district.

(Ord. No. 1983, 6-18-90; Ord. No. 2523, 3-23-99)

Off-site parking facilities in connection with hotels and motels located within the RT-1 Resort Tourist District may be permitted on zoning lots within the OR Oceanfront Resort District, RT-3 Resort Tourist District and the B-4 Mixed Use District where the required off-street parking cannot be provided on the lot with the principal building or use provided:

(a)

Structures for parking facilities shall conform to the regulations of the district in which located.

(b)

A written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney.

(Ord. No. 1983, 6-18-90; Ord. No. 2844, 10-12-04; Ord. No. 3247, 7-10-12)

Except as otherwise provided in section 1507, the maximum density of hotel and motel development shall be one hundred sixty (160) units per acre for the entire zoning lot, of which no more than fifteen (15) percent of the allowable number of units may be dwelling units, even if partially occupied by other principal uses or conditional uses.

(Ord. No. 1983, 6-18-90; Ord. No. 2062, 5-14-91; Ord. No. 2856, 12-7-04; Ord. No. 2914, 12-20-05)

(a)

For uses on lots with a minimum area of twenty thousand (20,000) square feet and having architectural features, site design and landscaping consistent with the Comprehensive Plan, the Resort Area Strategic Action Plan, and the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan, the maximum density of hotel and motel uses shall be one hundred seventy-five (175) units per acre, of which no more than fifteen (15) percent of the allowable number of units may be dwelling units, and uses in conjunction with hotels and motels may occupy a maximum of twenty (20) percent of the floor area of all structures (excluding parking) located on the lot.

(b)

For uses on lots with a minimum area of forty thousand (40,000) square feet and having architectural features, site design and landscaping consistent with the Comprehensive Plan, the Resort Area Strategic Action Plan, and the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan, the maximum density of hotel and motel uses shall be two hundred (200) units per acre, of which no more than fifteen (15) percent may be dwelling units, and uses in conjunction with hotels and motels may occupy up to but not more than twenty-five (25) percent of the floor area of all structures located on the lot.

(c)

For uses on lots with a minimum area of eighty thousand (80,000) square feet or on separate lots under common ownership totaling at least eighty thousand (80,000) square feet in area, where: (i) such lots are separated solely by a public street of no more than one hundred (100) feet in width and by a distance not exceeding the width of the public street, (ii) at least twenty (20) percent of the floor area of the use is for convention or related facilities, (iii) the entire lot or lots are developed in a functionally integrated fashion, and (iv) the uses have architectural features, site design and landscaping consistent with the Comprehensive Plan, the, Resort Area Strategic Action Plan and the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan, the following shall apply:

(1)

The maximum density for hotel and motel uses shall be two hundred twenty-five (225) units per acre, of which no more than fifteen (15) percent may be dwelling units, for the entire accumulation of parcels

(2)

Uses in conjunction with a hotel may occupy up to fifty (50) percent of the floor area of the structures; and

(3)

Required parking shall be at least one (1) space per lodging or dwelling unit or one (1) space per two hundred (200) square feet of floor area used for uses in conjunction with the hotel, whichever is greater.

(d)

In addition to the number of units otherwise allowed pursuant to this section, where open space meeting the criteria set forth in section 1502(e) is provided, the number of hotel or motel units may be increased by one and one-half (1.5) units, of which no more than fifteen (15) percent of the allowable number of units may be dwelling units, for every one thousand (1,000) square feet of open space provided.

(Ord. No. 1983, 6-18-90; Ord. No. 2062, 5-14-91; Ord. No. 2688, 4-9-02; Ord. No. 2856, 12-7-04; Ord. No. 2914, 12-20-05; Ord. No. 3247, 7-10-12)

The purpose of the RT-3 Resort Tourist District is to provide an area for a mixture of uses primarily devoted to resort and complementary resort uses that promote convention, entertainment, residential, civic and related activities, increase the economic tax base, protect and leverage public investment with private investment, ensure land use compatibility with existing residential areas, ensure good pedestrian movement systems, and provide exceptional design quality.

Development in this district shall advance Resort Area land use and design goals and, as expressed in the Comprehensive Plan, conform to the Resort Area Strategic Action Plan and the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan, and shall be appropriate in use and design to its proximity to Naval Air Station Oceana.

(Ord. No. 2914, 12-20-05; Ord. No. 3247, 7-10-12)

(a)

The following chart lists those uses permitted within the RT-3 Resort Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, buildings within the RT-3 District may include any principal or conditional uses in combination with any other principal or conditional use. No uses or structures other than those specified shall be permitted. All uses, whether principal or conditional, should to the greatest extent possible adhere to the provisions of the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan.

(b)

Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures; provided, however, that drive-through facilities shall not be permitted as an accessory use:

(1)

An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated sign not more than one (1) square foot in area mounted flat again against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, bars or nightclubs, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments.

(2)

Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory use to the dwelling.

(c)

Proposed conditional uses shall be evaluated for consistency with the following criteria regarding general land use, transportation, and aesthetic provisions in order to further the legislative intent of the RT-3 District and the goals of the Comprehensive Plan and Resort Area Strategic Action Plan:

(1)

Any development or redevelopment in this area should contribute to creating an attractive wholesome family resort destination;

(2)

The use should be consistent with the resort area goal to promote a safe, day and night, year round resort destination;

(3)

The use and structure should complement resort activity centers and corridors and advance the area's public and private investments;

(4)

All development and other physical improvements, such as landscaping, signs, lighting, and other similar elements should strive to achieve a high level of design excellence and contribute to a quality image as expressed in the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan;

(5)

All transportation improvements should be designed to shift the dominant transportation mode in the area from vehicular to pedestrian and transit; and

(6)

The use should be appropriate for both local residents and visitors to the area.

(Ord. No. 1913, 9-11-89; Ord. No. 2100, 9-3-91; Ord. No. 2176, 9-22-92; Ord. No. 2180, 9-22-92; Ord. No. 2261, 2-8-94; Ord. No. 2315, 4-11-95; Ord. No. 2316, 4-11-95; Ord. No. 2416, 9-3-96; Ord. No. 2427, 10-29-96; Ord. No. 2444, 5-13-97; Ord. No. 2449, 5-27-97; Ord. No. 2460, 10-28-97; Ord. No. 2495, 6-23-98; Ord. No. 2513, 10-27-98; Ord. No. 2524, 3-23-99; Ord. No. 2552, 7-6-99; Ord. No. 2570, 1-4-00; Ord. No. 2627, 4-24-01; Ord. No. 2660, 8-28-01; Ord. No. 2782, 8-26-03; Ord. No. 2914, 12-20-05; Ord. No. 2968, 1-23-07; Ord. No. 3000, 9-25-07; Ord. No. 3046, 8-26-08; Ord. No. 3050, 9-9-08; Ord. No. 3102, 9-8-09; Ord. No. 3167, 4-26-11; Ord. No. 3247, 7-10-12; Ord. No. 3259, 8-28-12; Ord. No. 3403, 4-21-15; Ord. No. 3441, 4-19-16; Ord. No. 3442, 4-19-16; Ord. No. 3514, 7-11-17; Ord. No. 3578, 1-15-19; Ord. No. 3661, 5-18-21; Ord. No. 3667, 7-13-21)

(a)

The following chart lists the requirements within the RT-3 Resort Tourist Districts for minimum lot area, width, and yard spacing for all commercial and mixed uses and structures.

(1)

Minimum lot area: Five thousand (5,000) square feet; provided, however, that mixed use structures containing lodging units or multi-family dwellings shall meet all applicable requirements of subsection (b), pertaining to lodging units, or subsection (c), pertaining to multi-family dwellings.

(2)

Minimum lot width: Fifty (50) feet.

(3)

Minimum setback for any yard adjacent to a street: Zero (0) feet.

(4)

Maximum setback for any yard adjacent to a street: Twenty (20) feet.

(5)

Minimum side yard: Zero (0) feet.

(6)

Minimum rear yard setback: Zero (0) feet.

(b)

The following chart lists the requirements within the RT-3 Resort Tourist District for minimum lot area, width, and yard spacing for lodging uses and structures.

(1)

Minimum lot area: Twenty thousand (20,000) square feet.

(2)

Minimum lot width: Seventy (70) feet.

(3)

Minimum setback for any yard adjacent to a street: Ten (10) feet.

(4)

Maximum setback for any yard adjacent to a street: Twenty (20) feet.

(5)

Minimum side yard setback except when adjacent to a street: Twenty (20) feet.

(6)

Minimum rear yard setback except when adjacent to a street: Twenty (20) feet.

(c)

The following chart lists the requirements within the RT-3 Resort Tourist District for minimum lot area, width, and yard spacing for multiple-family dwellings:

(1)

Minimum lot area: Fourteen thousand (14,000) square feet.

(2)

Minimum lot width: Two hundred (200) feet.

(3)

Minimum setback for any yard adjacent to a street: Zero (0) feet.

(4)

Maximum setback for any yard adjacent to a street: Twenty (20) feet.

(5)

Minimum side yard setback except when adjacent to a street: Eight (8) feet.

(6)

Minimum rear yard setback except when adjacent to a street: Ten (10) feet.

(d)

The following chart lists the requirements within the RT-3 Resort Tourist District for lot area, width, setbacks and lot coverage for single-family and duplex dwellings and additions to existing semi-detached dwellings. The site and building design of such dwellings should adhere to the provisions of the Old Beach Design Guidelines as applicable to single-family and duplex dwellings:

(1)

Minimum lot area: Five thousand (5,000) square feet for single-family dwellings and ten thousand (10,000) square feet for duplex dwellings.

(2)

Minimum lot width: Forty (40) feet for single-family dwellings and seventy-five (75) feet for duplex dwellings.

(3)

Minimum front yard setback, and provided further that there shall be no vehicle parking in the front yard: Twenty (20) feet.

(4)

Except as provided herein or by the provisions of sections 1526(a)(3), (a)(4) or (a)(5), minimum side yard setback except when adjacent to a street or driveway: Eight (8) feet.

(5)

Except as provided in section 1526(a)(4), minimum side yard setback for any portion of a structure located adjacent to a driveway: Twelve (12) feet.

(6)

Minimum side or rear yard setback for accessory structures no larger than one hundred fifty (150) square feet in area and with an eave height no greater than eight (8) feet except when adjacent to a street: Five (5) feet.

(7)

Except as provided in sections 1526(a)(3), (a)(4), and (a)(5) minimum side yard setback adjacent to a street: Twenty (20) feet.

(8)

Minimum rear yard setback except for accessory structures: Twenty (20) feet.

(9)

Except as provided in subdivision (6), minimum rear yard setback for accessory structures, including garages and carports: Ten (10) feet.

(10)

Maximum lot coverage: Forty (40) percent.

(11)

The uppermost story or building level above the first story or building level of any new structure or addition to an existing single-family or duplex structure shall provide a stepback, wherein at least thirty-five (35) percent of the total length of the exterior wall of the uppermost story or building level is set back a minimum of three (3) feet from the exterior wall directly below it. The length of uppermost story exterior wall set back a minimum of three (3) feet to meet the requirement above may be divided into multiple sections of varying length that are not contiguous to each other. For the purposes of this section, uppermost story or building level does not include living area completely contained within the roofed area of the structure.

(e)

The following chart lists the requirements within the RT-3 Resort Tourist District for setbacks and lot coverage for additions to existing attached dwellings:

(1)

Minimum front yard setback: Thirty (30) feet.

(2)

Minimum front yard where all parking is provided in the rear: Fifteen (15) feet.

(3)

Minimum side yard for exterior lots when not adjacent to a street: Ten (10) feet.

(4)

Minimum rear yard except for accessory structures: Twenty (20) feet.

(5)

Minimum rear yard for accessory structures: Five (5) feet.

(6)

Maximum lot coverage: Forty (40) percent.

(f)

Maximum height:

(1)

The maximum height for single-family and duplex dwellings and additions to existing semi-detached or attached dwellings shall be thirty-five (35) feet.

(2)

Where a zoning lot within the RT-3 Resort Tourist District adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or body of water over fifty (50) feet in width, the following maximum height regulations shall apply on that portion of the RT 3 zoning lot within one hundred (100) feet of the adjoining residential or apartment district. In cases where more than one (1) of the following apply, the most restrictive shall apply.

(i)

When adjacent to Residential Districts, the maximum height shall be thirty-five (35) feet.

(ii)

When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet.

(iii)

When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet.

(iv)

When adjacent to A-36 Apartment District, the maximum height shall be one hundred and twenty (120) feet.

(3)

The maximum height for hotels and motels within the RT-3 Resort Tourist District is seventy-five (75) feet.

(4)

Except as specified in items (1) and (2) hereinabove, there shall be no maximum height regulations in the RT-3 Resort Tourist District.

(5)

Notwithstanding the above, no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation.

(Ord. No. 1783, 6-13-88; Ord. No. 1802, 8-22-88; Ord. No. 2268, 6-14-94; Ord. No. 2914, 12-20-05)

In the RT-3 Resort Tourist District, signs shall be permitted as specified in the Table of Allowed Sign Types (GW-1 Gateway frontage) and Signage Allowance Table (GW-1 Gateway frontage) set forth in subsections C and D, respectively, of section 6.3.1 of the Oceanfront Resort District Form-Based Code.

(Ord. No. 2914, 12-20-05; Ord. No. 3247, 7-10-12)

(a)

Parking shall be required for all residential uses and structures permitted in the RT-3 Resort Tourist District in accordance with section 203 or by conditional use permit pursuant to section 1521. Parking for residential uses and structures shall not be located within any required front yard area.

(b)

Parking shall be required for all other uses and structures in the RT-3 Resort Tourist District as follows:

(1)

Structures wherein the entire floor area is devoted to retail use shall provide one (1) parking space for every two hundred (200) square feet of floor area;

(2)

Structures wherein the entire floor area is devoted to office use shall provide one (1) parking space for every two hundred seventy (270) square feet of floor area;

(3)

Structures wherein retail and office uses are mixed and where at least twenty-five (25) percent of the total floor area of the structure is devoted to such mix shall provide three and five-tenths (3.5) parking spaces for every one thousand (1,000) square feet of floor area devoted to such mix. If residential use is also included in the same structure, additional parking spaces shall be provided at one and seven-tenths (1.7) parking spaces per dwelling unit;

(4)

All other uses shall provide parking as specified in section 203;

(5)

Areas devoted to parking of vehicles shall not be located between the principal building on a lot and the street, nor shall such areas be located closer to the street than the principal building. On a lot having frontage on more than one (1) street, the provisions of this paragraph shall apply only to the frontage of the street having the wider right-of-way; and

(6)

No driveway shall intersect the street frontage of a lot when access is available from an improved alley to serve such purpose;

(c)

Parking requirements for uses within the RT-3 Resort Tourist District may be satisfied by any one, or a combination of, the following:

(1)

On-site parking;

(2)

Off-site parking facilities, as set forth in section 1521 of this ordinance; or

(3)

Public parking, if the planning director determines (a) that there is at least a sufficient number of public parking spaces located within one thousand (1,000) feet of the proposed use to meet public parking demands; (b) that such public parking spaces are not used to satisfy the parking requirements of any other use, and (c) that the use of such public parking spaces to satisfy the parking requirements of the proposed use, either wholly or partially, is warranted in light of the following considerations:

a.

The extent to which the proposed use advances the goals and objectives of the RT-3 Resort Tourist District and the Resort Area Strategic Action Plan;

b.

The extent to which the proposed use conforms to the provisions of the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan; and

c.

The amount of the projected tax revenue to be generated by the proposed use and improvements.

(Ord. No. 2444, 5-13-97; Ord. No. 2914, 12-20-05; Ord. No. 3247, 7-10-12)

(a)

For purposes of determining the maximum allowed density for multifamily dwellings, hotels, and motels, in addition to the area of the zoning lot on which the use is to be located, the area of any other lot under common ownership with such zoning lot and separated from such zoning lot by a public street of no more than one hundred (100) feet in width shall be included.

(b)

The maximum density for hotel and motel development shall be eighty (80) lodging units per acre. Density shall be established based on the entire zoning lot, even if partially occupied by other principal uses or conditional uses except that no parcel may simultaneously receive density credit for both lodging units and multifamily dwelling units.

(c)

The maximum density for multifamily dwellings shall be twenty-four (24) dwelling units per acre.

(Ord. No. 2914, 12-20-05)

(a)

Residential. To achieve compatibility and appropriateness of residential dwellings to the Resort Area, and in particular to the adjoining Old Beach, Lakewood, and Shadowlawn neighborhoods, consistent with the historic status of these neighborhoods and the Oceanfront Resort Area as an early twentieth-century beach resort community, residential structures in the RT-3 Resort Tourist District should strive to comply with the criteria provided in the Old Beach Design Guidelines, as referenced by the Oceanfront Resort Area Design Guidelines. As an incentive to develop lots within the RT-3 District in a compatible and appropriate manner, compliance with the criteria of the design guidelines shall result in allowed deviations to the dimensional and other requirements of this ordinance as specified below. Determination of compliance with the criteria provided below shall be made by the director of planning or his or her designee. Any appeal of the determination of compliance by the director of planning shall be to the city council.

(1)

Porches. Single-family and duplex dwelling structures which provide open, unenclosed porches with a minimum depth of five (5) feet and a maximum depth of eight (8) feet, as measured from the exterior wall of the main structure to the exterior edge of the porch foundation, may have a front yard setback of thirteen (13) feet, as measured from the exterior wall of the main structure to the lot line. However, in no case shall the setback from the lot line to the exterior wall of the porch foundation be less than eight (8) feet. Further, any open, uncovered second-story porch located above the first-story porch shall be setback from the lot line a minimum of at least ten (10) feet.

(2)

Exterior porch stairs for single-family and duplex structures. Open, unenclosed porches adjacent to streets or alleys may have exterior stairs that encroach into a front or rear setback to within three (3) feet of the lot line. In no case, shall such stairs exceed six (6) feet in width.

(3)

Side yard setback adjacent to a street for single-family and duplex structures. For structures satisfying the criteria of the design guidelines, the minimum side yard setback adjacent to a street may be reduced to ten (10) feet.

(4)

Side yard setbacks for projecting wall planes on single-family and duplex structures. For structures satisfying the criteria of the design guidelines, up to twenty-five (25) percent of the total length of the wall of a structure adjacent to the side lot line may project into the side yard setback. The minimum setback for such wall projection shall be five (5) feet, except that if the wall projection is adjacent to a driveway, the minimum setback shall be eleven (11) feet. If the wall projection is adjacent to a street and there is a driveway between the property line adjacent to the street and the wall projection, the minimum setback shall be eighteen (18) feet. If the wall projection is adjacent to a street and there is no driveway between the property line adjacent to the street and the wall projection, the minimum setback shall be eight (8) feet.

(5)

Side yard setbacks for garages on lots with single-family and duplex structures. Any rear-loaded, side-loaded, or front-loaded garage recessed a minimum of forty (40) feet from the front or rear lot line and satisfying the criteria of the design guidelines may reduce the side yard setback for the garage to five (5) feet.

(6)

Porch eave overhangs for single-family and duplex structures. For structures satisfying the criteria of the design guidelines pertaining to open, unenclosed porches fronting on streets or alleys, any wide eave overhang of such porch, not exceeding three (3) feet in length from the outside of the porch column support to the porch roof fascia shall not count toward the calculation for lot overage.

(7)

Parking area paving. For structures satisfying the criteria of the design guidelines, parking spaces with pervious paving material, such as brick runners and open pavers, may be used to satisfy on-site parking requirements.

(b)

Multi-family residential and hotel and motel use. To achieve the legislative intent of the RT-3 Resort Tourist District and the goals and objectives expressed in the Resort Area Strategic Action Plan, multi-family residential development and hotel and motel development within the RT-3 District should strive to comply with the criteria provided in the Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan. As an incentive to develop lots within the RT-3 District in a compatible and appropriate manner, compliance with the criteria of the design guidelines and to the additional provisions below shall result in allowed deviations to density requirements of this ordinance. Determination of compliance with the criteria provided below shall be made by the director of planning or his or her designee. Any appeal by the applicant of the determination of compliance by the director of planning shall be to the city council.

(1)

Multi-family residential.

(i)

The maximum density of multi-family dwelling use that meets the provisions of the Resort Area Design Guidelines on a zoning lot with a minimum lot size of thirty thousand (30,000) square feet shall be thirty (30) dwelling units per acre.

(ii)

The maximum density of multi-family dwelling use that is located in a mixed use development, meets the provisions of the Resort Area Design Guidelines, and that is located on a zoning lot with a lot size of at least sixty thousand (60,000) square feet, shall be thirty-six (36) dwelling units per acre.

(2)

Hotels and motels.

(i)

The maximum density of hotel and motel use on a zoning lot with a minimum lot size of thirty thousand (30,000) square feet and that meets the provisions of the Resort Area Design Guidelines shall be one hundred twenty (120) units per acre.

(ii)

The maximum density of hotel and motel uses where the lot size is at least sixty thousand (60,000) square feet, required parking is located on the same zoning lot within a parking structure, and the project is designed to meet the provisions of the Resort Area Design Guidelines shall be one hundred sixty (160) units per acre.

(Ord. No. 2914, 12-20-05; Ord. No. 3247, 7-10-12)

This district is intended to apply in an area of the city where there is a diverse mixture of land use and where an existing residential community is in transition to higher residential densities and to more intensive nonresidential land uses. Its purpose is to protect existing residential neighborhoods from inappropriate intrusion and to allow for an orderly transition where appropriate.

(Ord. No. 2077, 6-25-91)

(a)

Principal uses and structures:

(0.5)

Building-mounted antennas meeting the requirements of section 207;

(1)

Dwellings, single-family, duplex and semi-detached;

(2)

Public buildings and grounds;

(3)

Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations, other than individual transformers, shall be surrounded by a wall, solid except for entrances and exits, or by a fence with a screening hedge five (5) to six (6) feet in height; and provided also, transformer vaults for underground utilities and the like shall require only a landscaped screening hedge, solid except for access opening;

(4)

Small wireless facilities meeting the requirements of section 207;

(5)

Short-term rental within an STR Overlay District, meeting all of the requirements of section 241.2 and, where applicable, section 2303.

(b)

Accessory uses and structures: Uses and structures which are customarily accessory and clearly incidental and subordinate to the principal uses and structures:

(1)

An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments.

(c)

Conditional uses and structures: Uses and structures hereinafter specified, subject to compliance with the provisions of part C of article 2 hereof:

(1)

Child care centers;

(2)

Religious uses;

(3)

Housing for seniors and disabled persons; maternity homes;

(4)

Home occupations;

(5)

Single-family attached and multifamily dwellings;

(6)

Offices, in which goods, wares or merchandise are not commercially created, displayed, stored, exchanged or sold. Examples of such permitted offices are:

(i)

Business offices of a public utility, transportation, advertising, real estate, insurance, commercial or industrial establishments;

(ii)

Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping service offices;

(iii)

Offices of miscellaneous business services such as consumer credit reporting agencies, mailing list and stenographic services, business and management consulting services;

(iv)

Offices of nonprofit organizations, such as professional organizations, civic, social and fraternal associations, political organizations, religious organizations, and labor unions provided, however, that no hiring halls shall be permitted in this district;

(7)

Small wireless facilities other than those meeting the requirements of section 207.

(Ord. No. 2077, 6-25-91; Ord. No. 2427, 10-29-96; Ord. No. 2495, 6-23-98; Ord. No. 2627, 4-24-01; Ord. No. 3000, 9-25-07; Ord. No. 3403, 4-21-15; Ord. No. 3442, 4-19-16; Ord. No. 3661, 5-18-21; Ord. No. 3667, 7-13-21)

(a)

Minimum lot size:

(b)

Minimum lot width:

(c)

Minimum yard requirements:

(d)

Height:

(1)

The maximum height shall be 35 feet for all uses.

(2)

Notwithstanding the above, no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation.

(Ord. No. 2077, 6-25-91)

(a)

In the RT-4 Resort Tourist District, signs shall be permitted as follows:

(1)

For each forty (40) feet of principal frontage adjacent to a street and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than thirty-two (32) square feet in area shall be permitted; provided, however, that no establishment may have more than three (3) signs, of which one (1) may be a freestanding sign. No freestanding sign shall exceed seventy-five (75) square feet in area per face, and no sign of any other type shall exceed one hundred fifty (150) square feet in area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty-two (32) square feet in area.

(2)

For multiple-family dwellings, the sign regulations applicable to the A-12 Apartment District shall apply.

(3)

For single-family and duplex dwellings, the sign regulations applicable to residential districts shall apply.

(4)

Signs located on property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line adjoining the street, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet in area.

(b)

All other uses shall be subject to the sign regulations of the most restrictive district in which the use is permitted as a principal use.

(Ord. No. 2077, 6-25-91; Ord. No. 3442, 4-19-16)

Parking shall be required for all uses and structures permitted in the RT-4 Resort Tourist District in accordance with section 203.

(Ord. No. 2077, 6-25-91)

(a)

Density shall be established based upon the area of the entire zoning lot whether or not partially occupied by other uses except that no parcel may simultaneously receive density credit for two (2) uses.

(b)

The maximum density for multi-family residential shall be eighteen (18) dwelling units per acre, and density shall be set as a condition of the use permit after due consideration is given to the nature of the project and surrounding land use.

(c)

The maximum density for single family attached dwellings shall be twelve (12) dwelling units per acre. The maximum number of attached dwellings constructed in one group without side yard setbacks shall be six (6); the density and other characteristics shall be set as a condition of the use permit after due consideration is given to the nature of the project and surrounding land use.

(Ord. No. 2077, 6-25-91)

Category II screening is required at all points where office development in this district abuts single-family, semi-detached or duplex use.

(Ord. No. 2077, 6-25-91)