The City Council hereby finds that the Historic Kempsville Area is not only one of the primary crossroads within the City, but is also the location of the third courthouse in Princess Anne County, the site of a Revolutionary War skirmish, an early cultural and economic hub within the City, and is surrounded by many stable and attractive residential communities. As such, its appearance and revitalization is important to the physical and economic vitality of the City. The purpose of the Historic Kempsville Area Overlay District is to enhance the appearance of the area encompassed by the District and to help restore its vitality as an important and historic location within the City.

(Ord. No. 2916, 1-24-06)

The Historic Kempsville Area Overlay District boundaries shall be as designated on the official zoning map of the city.

(Ord. No. 2916, 1-24-06)

The designation of any property as lying within the Historic Kempsville Area 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 Historic Kempsville Area 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. 2916, 1-24-06)

(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 Historic Kempsville Area Overlay District, except as set forth in section 901 of this Ordinance.

(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 Historic Kempsville Area 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 Historic Kempsville Area Overlay District, as well as the following uses and structures:

(1)

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

(2)

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

(3)

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

(4)

Drive-through facilities for drugstores, in accordance with the provisions of section 233.02, in the B-4K (HK) Historic Kempsville Mixed Use District; and

(5)

Eating and drinking establishments with drive-through windows, in accordance with the provisions of section 233.1, in the B-4K (HK) Historic Kempsville Mixed Use District.

(d)

[Additions.] 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 by 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 B-4K (HK) Mixed Use Business District.

(Ord. No. 2916, 1-24-06; Ord. No. 3343, 4-22-14; Ord. No. 3608, 1-21-20)

Subject to the provisions of section 2003 of this appendix, dimensional and other requirements for uses and structures located within the Historic Kempsville Area Overlay District shall be as specified in the underlying zoning district; provided, however, that:

(a)

The density of multiple-family dwellings shall not exceed eighteen (18) units per acre or the maximum density permitted by the regulations of the underlying zoning district, whichever is the lesser, on a zoning lot. Through the Conditional Use Permit process, City Council may approve additional units above the eighteen (18) units per acre up to twenty-four (24) units per acre to allow for development outside of environmentally sensitive areas if the following considerations apply:

(1)

The property is irregularly shaped; and

(2)

The property is impacted by environmental constraints such as, but not limited to, Floodplain, Chesapeake Bay Preservation Area, Southern Rivers Watershed Management; and

(3)

The massing and scale of the proposed development is consistent with the character of the surrounding property.

(b)

Where a zoning lot within the B-2(HK) or B-4(HK) 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 requirements within the B-4K (HK) Mixed Use Business District for minimum lot area, width, yard spacing and maximum lot coverage for residential dwellings and commercial structures are set forth in Article 9 of this appendix.

(Ord. No. 2916, 1-24-06; Ord. No. 3727, 3-7-23)