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Virginia Beach City Zoning Code

ARTICLE 17

- THE SHORE DRIVE CORRIDOR OVERLAY DISTRICT

Sec. 1700.- Legislative intent.

The Shore Drive corridor is not only one of the primary routes of access to the city's oceanfront resort area, but is also the location of First Landing State Park, the site of the historic first landing of the Jamestown colonists in 1607, Joint Expeditionary Base Little Creek-Fort Story, beaches on the Chesapeake Bay, and many stable and attractive residential communities. As such, its appearance is vital to the city. The purpose of the Shore Drive Corridor Overlay District is to enhance the appearance of the area encompassed by the District and to preserve its vitality as an important gateway to the city. The Shore Drive Corridor Plan and Shore Drive Corridor Design Guidelines are provided for this District, the purpose of which is to encourage development that is appropriate to the District.

(Ord. No. 2511, 10-13-98; Ord. No. 3422, 7-7-15)

Sec. 1701. - District boundaries.

The Shore Drive Overlay District boundaries shall be as designated on the official zoning map of the city.

(Ord. No. 2511, 10-13-98)

Sec. 1702. - Application of regulations.

The designation of any property as lying within the Shore Drive Overlay District shall be in addition to, and not in lieu of, the underlying zoning district classification of such property, such that any property situated in the Shore Drive Overlay District shall also lie within one or more of the zoning districts enumerated in section 102 (a) of this ordinance. All such property shall be subject to the requirements of this article as well as to all other regulations applicable to it, and to the extent that any provision of this article conflicts with any other ordinance or regulation, the more restrictive provision shall control.

(Ord. No. 2511, 10-13-98)

Sec. 1703. - Use regulations.

(a)

Principal uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as principal uses in the underlying zoning district in which they are located shall be permitted as principal uses within the Shore Drive Corridor Overlay District, except the following:

(1)

Hotels and motels in the B-4 (SD) Mixed Use District;

(2)

Multiple-family dwellings in the B-4 (SD) Mixed Use District;

(3)

Attached dwellings in the B-4 (SD) Mixed Use District;

(4)

Boat sales in the B-4 (SD) Mixed Use or B-2(SD) Community Business Districts; and

(5)

Commercial parking lots, parking garages and storage garages located in the B-4 (SD) Mixed Use or B-2(SD) Community Business Districts.

In addition, the following uses shall be permitted within the Shore Drive Corridor Overlay District, although not allowed as principal uses in the underlying zoning district:

(1)

Duplex dwellings in the B-4 (SD) Mixed Use Districts.

(b)

Accessory uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as accessory uses in the underlying zoning district in which they are located shall be permitted as accessory uses within the Shore Drive Corridor Overlay District.

(c)

Conditional uses. Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as conditional uses in the underlying zoning district in which they are located shall be permitted as conditional uses within the Shore Drive Corridor Overlay District, as well as the following uses and structures:

(1)

Hotels and motels in the B-4 (SD) Mixed Use District;

(2)

Multiple-family dwellings in the B-4 (SD) Mixed Use District;

(3)

Attached dwellings in the B-4 (SD) Mixed Use District;

(4)

Boat sales in the B-4 (SD) Mixed Use or B-2(SD) Community Business Districts; and

(5)

Commercial parking lots, parking garages and storage garages located in the B-4 (SD) Mixed Use or B-2(SD) Community Business Districts.

(d)

Additions to single-family dwellings, duplexes, attached dwellings and multiple-family dwellings not increasing the number of dwelling units in any such use shall be permitted as a matter of right, provided that all other requirements of this ordinance are met. Where setbacks or other dimensional requirements pertaining to such additions are not specified in the regulations of the underlying zoning district, such requirements shall be as specified in the A-18 Apartment District.

(Ord. No. 2511, 10-13-98; Ord. No. 2679, 12-18-01; Ord. No. 2844, 10-12-04)

Sec. 1704. - Dimensional and other requirements; density; landscape screening and buffering.

Subject to the provisions of section 1703 of this ordinance, dimensional and other requirements for uses and structures located within the Shore Drive Corridor Overlay District shall be as specified in the underlying zoning district; provided, however, that:

(a)

The density of multiple-family dwellings shall not exceed:

(1)

Eighteen (18) units per acre or the maximum density permitted by the regulations of the underlying zoning district, whichever is the lesser, on zoning lots having a lot area of thirty thousand (30,000) square feet or less;

(2)

Twenty-four (24) units per acre or the maximum density permitted by the regulations of the underlying zoning district, whichever is the lesser, on zoning lots having a lot area greater than thirty thousand (30,000) square feet and less than four (4) acres; or

(3)

Thirty-six (36) units per acre or the maximum density permitted by the regulations of the underlying zoning district, whichever is the lesser, on zoning lots having a lot area four (4) acres or more.

(b)

Where a zoning lot within the B-2(SD) or B-4(SD) district adjoins any district in which single-family dwellings, duplexes, attached dwellings or multiple-family dwellings are permitted as a conditional or principal use, without an intervening street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining such district. Category IV landscape screening shall be required, and no other uses or structures shall be permitted, within the yard.

(c)

The following chart lists the requirements within the B-4 Mixed Use District (Shore Drive Corridor Overlay District) for minimum lot area, width, yard spacing and maximum lot coverage for duplex dwellings. For duplex dwellings in the B-4(SD) Mixed Use (Shore Drive Corridor Overlay District):

Duplexes
(1) Minimum lot area 10,000 square feet
(2) Minimum lot width 75 feet
(3) Minimum front yard 20 feet
(4) Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance 25 feet
(5) Minimum side yard 10 feet
(6) Minimum side yard setback when adjacent to a street 15 feet
(7) Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance 20 feet
(8) Minimum rear yard 20 feet
(9) As an exception, the setback for any yard adjacent to the Chesapeake Bay for any structures shall be 30 feet in the B-4(SD) District
(10) Maximum lot coverage 35 percent
(11) Maximum total of building floor area and area of garages greater than 1,000 square feet expressed as a percentage of maximum allowable lot coverage 200 percent
(12) Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preservation Area Ordinance, expressed as a percentage of lot size 60 percent

 

(Ord. No. 2511, 10-13-98; Ord. No. 2679, 12-18-01; Ord. No. 2844, 10-12-04)