This article shall be known as the Air Installations Compatible Use Zones (AICUZ) Overlay Ordinance of the City of Virginia Beach.

(Ord. No. 2905, 12-20-05)

The purpose of this article is to regulate, in a manner consistent with the rights of individual property owners and the requirements of military operations at Naval Air Station (NAS) Oceana, development of uses and structures that are incompatible with military operations; to sustain the economic health of the city and Hampton Roads Region; to protect and preserve the public health, safety and welfare from the adverse impacts associated with high levels of noise from flight operations at NAS Oceana and the potential for aircraft accidents associated with proximity to airport operations; and to maintain the overall quality of life of those who live, work and recreate in the City of Virginia Beach.

(Ord. No. 2905, 12-20-05)

The city council hereby finds that:

(a)

Naval Air Station (NAS) Oceana was first established as an auxiliary airfield in 1943 and was designated as a major Navy jet air base in the 1950s. It is now one of the largest Navy air bases in the country and is the Master Jet Base for the Navy's Atlantic Fleet. NAS Oceana is a vital component in the architecture of the Defense Department's joint service method of operational planning and execution and in the newly-emerging inter-agency approach to meeting homeland defense requirements;

(b)

NAS Oceana is the single largest employer in the City of Virginia Beach. In 2003, it had a gross annual payroll of over seven hundred fifty million dollars ($750,000,000.00) and spent another four hundred million dollars ($400,000,000.00) for goods and services. In that year, over twelve thousand (12,000) personnel, comprised of nearly nine thousand eight hundred (9,800) military and over two thousand five hundred (2,500) civilian employees, were employed there. Most of those employees live within the community, infusing additional benefits into the local economy, primarily through spending and spousal employment salaries. When considering the personal impact of the military in the community, the economic benefit exceeds one billion dollars ($1,000,000,000.00) annually;

(c)

There are more than thirty thousand (30,000) acres of land in areas within the 70-75 dB DNL or >75 dB DNL Noise Zones and approximately 16,500 acres of land within the 65-70 dB DNL Noise Zone. Approximately four thousand, three hundred (4,300) acres of this land is encumbered by easements or restrictive covenants that limit the uses of the land to those that are not incompatible with flight operations arising out of NAS Oceana;

(d)

Since the installation's inception, development of a type deemed incompatible under the Navy's AICUZ Program has occurred, such that the Navy has voluntarily modified flight arrival and departure procedures, thereby resulting in flight procedures and training that do not replicate actual aircraft carrier operating procedures.

(e)

In August 2005, the Base Realignment and Closure (BRAC) Commission added to the list of installations to be closed or realigned the recommendation to realign NAS Oceana by relocating the Atlantic Fleet's East Coast Master Jet Base to Cecil Field in Jacksonville, Florida if, among other things, the cities of Virginia Beach and Chesapeake fail to enact and enforce legislation to prevent further encroachment of NAS Oceana by the end of March 2006 by adopting zoning ordinances that require the governing bodies to follow Air Installations Compatibility Use Zone (AICUZ) guidelines in deciding discretionary development applications for property in noise level 70 dB day night average noise level (DNL) or greater;

(f)

The closure or realignment of NAS Oceana would have serious adverse economic consequences to the city and the region; and

(g)

In 2004 and 2005, the City of Virginia Beach, along with the cities of Norfolk and Chesapeake, joined with the Navy and the Hampton Roads Planning District Commission to craft a regional joint land use study (JLUS). Among the recommendations of the JLUS was that the city adopt an ordinance applicable in all noise zones greater than 65 dB DNL to help prevent encroachment at NAS Oceana. The JLUS was accepted by resolution of the city council in May of 2005 and the city council directed that appropriate ordinances implementing the recommendations of the JLUS be brought forward for its consideration.

(Ord. No. 2905, 12-20-05; Ord. No. 3006, 1-8-08)

(a)

Area of applicability. The provisions of this Article shall apply to discretionary development applications for any property located within an Accident Potential Zone (APZ) or 65-70 dB DNL, 70—75 dB DNL or >75 dB DNL Noise Zone, as shown on the official zoning map, that have not been approved or denied by the city council as of the date of adoption of this Article. For purposes of this Article, discretionary development applications shall include applications for:

(1)

Rezonings, including conditional zonings;

(2)

Conditional use permits for new uses or structures, or for alterations or enlargements of existing conditional uses where the occupant load would increase;

(3)

Conversions or enlargements of nonconforming uses or structures, except where the application contemplates the construction of a new building or structure or expansion of an existing use or structure where the total occupant load would not increase;

(4)

Street closures where the application contemplates the construction of a new building or structure or the expansion of a use or structure where the total occupant load is increased; and

(5)

Special exceptions for Alternative Compliance in any zoning district listed in section 102(a)(13) where the special exception allows a use not otherwise permitted by applicable regulations.

(Ord. No. 2905, 12-20-05; Ord. No. 2934, 3-28-06; Ord. No. 3006, 1-8-08; Ord. No. 3328, 2-25-14)

(a)

City council policy. Except as otherwise provided in this Article, it shall be the policy of the city council that no application included within the provisions of section 1803 shall be approved unless the uses and structures it contemplates are designated as compatible under Table 1 below and, if applicable, Table 2, unless the city council finds that no reasonable use designated as compatible under the applicable table or tables can be made of the property. In such cases, the city council shall approve the proposed use of property at the lowest density or intensity of development that is reasonable.

(b)

Tables. The following tables show the uses designated as compatible (Y) and those designated as not compatible (N) in each listed Noise Zone (Table 1) or Accident Potential Zone (Table 2). The designation of any use as compatible shall not be construed to allow such use in any zoning district in which it is not permitted as either a principal or conditional use.

(c)

Special regulations in the 65—70 dB DNL Noise Zone. The following regulations shall apply to discretionary development applications for residential uses on property within the 65—70 dB DNL Noise Zone. Residential uses shall include all of the uses listed under the heading of "Residential and Related" in Table 1 of this section.

(1)

For property within Sub-area 1 of the 65—70 dB DNL Noise Zone, discretionary development applications for residential uses may be granted only if the city council finds that the proposed development:

(i)

Conforms to the applicable provisions of the city zoning ordinance, including all requirements of the zoning district; and

(ii)

Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Resort Area Strategic Action Plan, Old Beach Design Guidelines or Special Area Design Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive Plan.

(2)

For property within Sub-area 2 of the 65—70 dB DNL Noise Zone, discretionary development applications for residential uses may be approved only if the city council finds that the proposed development:

(i)

Is at a density similar to or lower than that of surrounding properties having a similar use and no greater than recommended by the Comprehensive Plan; and

(ii)

Conforms to the applicable provisions of the Comprehensive Plan, including, without limitation, the Princess Anne Corridor Study, Princess Anne Commons Design Guidelines, or Mixed Use Development Guidelines.

(3)

For property within Sub-area 3 of the 65—70 dB DNL Noise Zone, it shall be the policy of the city council that no application for a residential use shall be approved unless the city council finds that no reasonable non-residential use can be made of the property, in which event the city council may allow the proposed residential use of such property at the lowest density that is reasonable.

(d)

Redevelopment. The provisions of this section shall not apply to discretionary development applications for the redevelopment of property where the proposed dwelling unit density is the same as or lower than the actual unit density existing at the time the application is submitted. Actual units are those units that exist on the property at the time of application.

(e)

Dwelling unit density—Reduction in density required.

(1)

Definitions.

(i)

For purposes of this section previously authorized dwelling units is defined as residential uses currently permitted or approved prior to December 20, 2005:

(1)

As a matter of right;

(2)

Subject to a conditional use permit or proffer agreement; or

(3)

Subject to any prior city council approval.

(2)

Notwithstanding the provisions of subsection (a) above, where previously authorized dwelling units are permitted on one (1) or more contiguous properties, city council may consider an application or modification that would allow: (1) the previously authorized dwelling units to be changed in form and/or relocated; (2) the incorporation of additional land; (3) or the introduction of compatible uses, as per section 1804, subject to the following:

(i)

No previously authorized dwelling units shall be relocated into a higher noise zone or into an accident potential zone or clear zone; and

(ii)

Previously authorized dwelling units that are affected or changed by the proposed discretionary action shall be reduced by five (5) percent, except as noted below.

(3)

Nothing in this section shall require the reduction of previously authorized dwelling units for discretionary actions that:

(i)

Shift previously authorized dwelling units to a lower noise zone, but only for those previously authorized dwelling units that are actually moved, not the entire development; or

(ii)

Modify conditions or proffers where the number of previously authorized dwelling units are not increased, the site layout or building design is modified and no additional uses are proposed; or

(iii)

It is determined by the zoning administrator to be redevelopment and meets the criteria as set forth in Section 1804(d) of this appendix.

(4)

No actions taken in accordance with subdivision (e) of this section shall be allowed to take the additional bonus density of the City Zoning Ordinance, Article 21, Workforce Housing.

(Ord. No. 2905, 12-20-05; Ord. No. 3006, 1-8-08; Ord. No. 3227, 4-24-12; Ord. No. 3247, 7-10-12; Ord. No. 3760, 12-12-23)

Sound attenuation measures shall be incorporated in any use or structure located in the 65—70 dB DNL, 70—75 dB DNL or >75 dB DNL Noise Zones in accordance with the requirements of the Virginia Uniform Statewide Building Code.

(Ord. No. 2905, 12-20-05; Ord. No. 3006, 1-8-08)

(a)

Notwithstanding the provisions of section 402(b) and 405 (Alternative Residential Development in Agricultural Districts), residential development on property within the Interfacility Traffic Area shall be limited to single-family dwellings at a density no greater than one (1) dwelling per fifteen (15) acres of developable land.

(Ord. No. 2905, 12-20-05; Ord. No. 3006, 1-8-08)

(a)

Nothing in this Article shall be construed to require the city council to approve any application solely because it meets the requirements of this Article, it being the intention of this Article that the city council shall be entitled to exercise its authority in such applications to the fullest extent allowed by law.

(b)

The provisions of this Article shall be severable, it being the intention of the city council that in the event one (1) or more of the provisions of this Article shall be adjudged to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Article shall be unaffected by such adjudication.

(Ord. No. 2905, 12-20-05; Ord. No. 2934, 3-28-06; Ord. No. 3006, 1-8-08)

In addition to the purposes set forth in section 1801, the purpose of this Part shall be to encourage the development of uses and structures in APZ-1 that are compatible with flight operations at NAS Oceana by providing certain incentives for development that will protect and enhance the health, safety, welfare and quality of life of the residents in APZ-1 and not adversely impact established residential neighborhoods. The provisions of this Part allow certain uses to be located in appropriate zoning districts within APZ-1 without the need for a conditional use permit, so long as the physical and other features of those uses, such as building design and materials, parking lot and site landscaping, landscape screening, site lighting and signage are of a quality demonstrably higher than normal and the hours of operation are strictly limited so as to not interfere with the quality of life in nearby residential neighborhoods.

It is the intention of the City Council that a use be allowed without a conditional use permit pursuant to these provisions only: (i) in zoning districts within APZ-1 where the use is appropriate; (ii) when the characteristics of the use are clearly sufficient to prevent any adverse impacts to residential or apartment uses or other property within APZ-1; and (iii) when the design features and other characteristics of the proposed use meet or exceed the standards set forth in section 1810.

(Ord. No. 2934, 3-28-06)

(a)

The following uses shall be allowed as principal uses on property in Accident Potential Zone 1 (APZ-1) if all design and other features enumerated in section 1810 are provided:

(1)

O-2 Office District:

A.

Off-street parking in conjunction with permitted uses in an adjoining business district, where such parking: (i) is limited to the zoning lot contiguous with the business district use for which the parking is provided; and (ii) does not extend more than two hundred (200) feet into the O-2 District.

(2)

B-2 Community Business District:

A.

Automobile repair garages and small engine repair establishments where all repair work is performed within a building;

B.

Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile service stations;

C.

Automobile service stations;

D.

Boat sales;

E.

Commercial parking garages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto;

F.

Commercial indoor recreation facilities;

G.

Fiber-optics transmission facilities;

H.

Mini-warehouses;

I.

Mobile home sales;

J.

Motor vehicle sales on lots larger than twenty thousand (20,000) square feet;

K.

Public utility storage or maintenance installations.

(3)

I-1 Industrial District:

A.

Automobile service stations;

B.

Automobile repair garages;

C.

Fiber-optics transmission facilities;

D.

Firewood preparation facilities;

E.

Mobile home sales.

(4)

I-2 Industrial District:

A.

Automobile services stations;

B.

Fiber-optics transmission facilities;

C.

Firewood preparation facilities.

(b)

Nothing in this section shall prohibit the city council from granting a conditional use permit for any of the uses set forth herein upon proper application therefor.

(Ord. No. 2934, 3-28-06; Ord. No. 2957, 7-11-06)

(a)

Any of the uses enumerated in section 1809 shall be allowed as a principal use in the zoning districts designated therein if, in addition to all other applicable requirements of this ordinance, the Planning Director finds that the utilization of the following features is clearly sufficient to prevent any adverse impacts to residential or apartment uses or other property within APZ-1:

(1)

The use conforms to all general and specific conditions applicable to such use under Part C of Article 2 of this ordinance;

(2)

Enhanced site and parking lot landscaping exceeding applicable requirements, both qualitatively and quantitatively, is provided;

(3)

Exterior lighting is of low intensity and residential in character and shielded in such manner as to direct light and glare away from residential areas;

(4)

Hours of operation are limited so as to avoid disturbances to residential neighborhoods;

(5)

Signage is either nonilluminated or, where freestanding, is externally illuminated from ground level, no neon lighting visible from any adjoining property is used, and freestanding signs are located as far from residential or apartment districts as is practicable;

(6)

Storage of materials, waste containers, or merchandise, except for boats, motor vehicles, motor homes or similar items for sale, is within the interior of the building or is screened so as to not be visible from streets or adjoining properties;

(7)

Where adjacent to residential or apartment districts, enhanced landscape buffering exceeding applicable requirements, both qualitatively and quantitatively, is provided; and

(8)

Building design and exterior building materials substantially conform to such of General Community Appearance Guidelines, Special Area Development Guidelines and Special Purpose Guidelines, as set forth in the Comprehensive Plan Reference handbook, as well as the design recommendations of any Strategic Growth Area Plan as are applicable.

(b)

Upon receipt of an application pursuant to this Part, the Planning Director shall cause notice thereof to be sent by certified mail to the record owner of each lot adjacent to, or directly across the street from, the property that is the subject of the application, which notice shall invite comments concerning the application. The Planning Director shall give careful consideration to the comments received in determining whether to approve or disapprove the application, and shall, no less than fifteen (15) nor more than thirty (30) days after the date of mailing of the required notices, either approve or disapprove the application on the basis of the criteria set forth in this Part and the comments received. Such decision shall be in writing and mailed or delivered to the applicant and all persons who provided comments.

(Ord. No. 2934, 3-28-06; Ord. No. 3172, 5-10-11; Ord. No. 3228, 4-24-12)