(a)

This Article sets forth the zoning regulations applicable to development within the Central Business Core District. Such district shall be designated on the official zoning map as "CBC".

(b)

In the event of a conflict between the provisions of this Article and any other provision of the City Zoning Ordinance, the provisions of this Article shall apply unless expressly otherwise provided.

(c)

The provisions of this Code shall be severable, such that in the event one (1) or more of the provisions of this Code shall be adjudged to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired by such adjudication.

(Ord. No. 3327, 2-25-14)

(a)

The purpose of this Article is to establish regulations implementing the vision of the City Council for the Central Business District/Core Area portion of the Pembroke Strategic Growth Area, as expressed in the Pembroke Strategic Growth Area Implementation Plan ("SGA Plan") adopted on November 10, 2009. Such regulations are intended to foster the continued development of a central urban core with a vertical mix of urban uses, mobility and transit alternatives, urban gathering places, environmental and neighborhood protection, "green" buildings and infrastructure opportunities providing a variety of civic, commercial, artistic and ethnically diverse areas.

(Ord. No. 3327, 2-25-14)

The City Council finds that:

(a)

In the 2003 Comprehensive Plan, the City established Strategic Growth Areas (SGAs), including the Pembroke SGA, as areas designed to absorb most of the City's anticipated future growth, both residential and non-residential. The SGAs were planned to contain uses that are more intensive than in most other areas of the City but are integrated into compact, yet compatible, mixes of uses, including office, retail, service, hotel and, where appropriate, residential, uses.

The 2003 Comprehensive Plan also set forth five common planning principles applicable to all SGAs:

(1)

Efficient use of land resources;

(2)

Full use of urban services;

(3)

A compatible mix of uses;

(4)

A range of transportation opportunities; and

(5)

Detailed human-scale design.

(b)

The 2003 Comprehensive Plan also set forth guidance concerning the implementation of the vision embodied in the various SGAs. It stated:

Of equal importance will be how the SGAs develop in regard to the form that they take. The SGAs are intended to be urban in form with a mixture of uses commonly found in urban settings. The areas, however, that are designated as SGAs are largely either undeveloped or developed in the same suburban pattern found throughout the City. How we reshape these undeveloped and suburban areas will be critical if we are to create memorable urban places where people desire to live, work, play, and learn. As the various implementation plans are developed for the SGAs, we must develop design guidelines and new zoning tools, such as Form Based Codes, that provide specific direction to those who own property in the SGAs regarding what the form of those places will be. If the form of the SGAs does not match our vision for the SGAs, we will have lost much. This Plan, therefore, provides fundamental guidance regarding the proper form of urban places and the principles of design that can be used as we move forward to create an active and vibrant urban corridor from Newtown to the Oceanfront.

(c)

The 2009 Comprehensive Plan retained the strategy and guiding principles set forth hereinabove. That strategy has been refined and expanded by means of separate plans that were specific to each of the eight SGAs within the City and that were adopted only after an extensive public participation in each instance. The plans for all of those SGAs retain the five basic planning principles set forth in subsection (a). In addition, the 2009 Plan noted that the City has identified SGAs as:

(1)

Providing opportunities for continued physical and economic growth;

(2)

Helping to prevent urban sprawl;

(3)

Protecting our established residential neighborhoods and rural areas from incompatible development due to growth pressures;

(4)

Maximizing infrastructure efficiency; and

(5)

Creating unique and exciting urban destinations.

(d)

Traditional suburban-style development typically lacks significant connectivity to mass transit systems and bicycle or pedestrian-oriented features, instead depending almost exclusively upon automobile traffic. Such dependence upon the automobile results in large expanses of asphalt or other impervious parking surfaces that are rarely, if ever, fully utilized, and has significant undesirable impacts, including, among others:

(1)

Inefficient use of land;

(2)

Greater adverse impacts on air and water quality, notwithstanding compliance with applicable regulations, than vertically-oriented, mixed-use development;

(3)

Incompatibility, both functional and architectural, with adjacent communities;

(4)

Increased traffic congestion; and

(5)

A lack of uniqueness and "sense of place" differentiating Virginia Beach from other cities.

(e)

As stated in the Pembroke SGA Plan:

Without an urban core, the City will not be able to attract the kind of employers needed to provide jobs to certain segments of its ever-expanding citizenry. The time has come for the City of Virginia Beach to embrace its urban potential and take steps to create a sustainable city form that better serves its citizens now and long into the future.

(f)

In light of the foregoing findings, it is in the best interests of the City of Virginia Beach that this Article be adopted in order to promote development that advances the City's vision for the Central Business District/Core Area portion of the Pembroke Strategic Growth Area. That vision was finalized only after residents, business owners and other stakeholders participated with City planners and other officials in an extensive public participation process in which a variety of views and opinions were expressed and considered.

(g)

The zoning regulations that currently govern development in the Central Business District/Core Area of the Pembroke SGA should be updated and refined so as to allow more flexible and creative forms of development; accordingly, the regulations set forth in this Article are intended to be flexible and performance-oriented, so as to allow multiple forms of development that advance the goals and objectives of the Pembroke SGA Plan.

(Ord. No. 3327, 2-25-14)

(a)

The following chart lists those uses permitted within the Central Business Core District. Uses and structures shall be allowed either as principal uses, indicated by a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" shall be prohibited, unless allowed by special exception for Alternative Compliance pursuant to section 2205. No uses or structures other than as specified herein or as allowed pursuant to subsection (b) shall be permitted.

(b)

If a proposed use is not expressly permitted pursuant to subsection (a), but is similar to a listed use, the Zoning Administrator may categorize the proposed use as a use permitted by this section, either as a principal or conditional use. In determining whether a proposed use is similar to a listed use, the Zoning Administrator shall consider (1) the actual or projected characteristics of the proposed use in comparison to those of the most similar listed use; and (2) the categorization of the proposed use in the Standard Land Use Coding Manual (First Edition January 1965). Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory use to the dwelling.

(c)

Uses other than those allowed pursuant to subsections (a) or (b) may be allowed pursuant to the Alternative Compliance provisions set forth in section 2205 if such use conforms to the standards set forth therein.

(Ord. No. 3327, 2-25-14; Ord. No. 3403, 4-21-15; Ord. No. 3412, 5-19-15; Ord. No. 3441, 4-19-16; Ord. No. 3514, 7-11-17; Ord. No. 3527, 12-12-17; Ord. No. 3578, 1-15-19; Ord. No. 3661, 5-18-21; Ord. No. 3667, 7-13-21)

Uses and structures in the District shall conform to the development standards listed below, unless approved pursuant to the Alternative Compliance (section 2205) or Optional Forms of Development (section 2206) provisions of this Article:

(a)

Lot Standards (values expressed in feet unless otherwise indicated):

Notes:

1.

Lot width shall be measured at the front property line. For building sites on which one or more standalone buildings is located on a leased portion of a recorded lot or zoning lot, the lot width shall be determined as if the lease lines were lot lines.

2.

The build-to zone is the portion of a lot in which at least the first two (2) stories of a building façade facing a street must occupy no less than the percentage, as designated in subsection (b), of the distance between the lot lines abutting the public street faced by the building façade. The build-to requirements shall apply to all building façades facing a public street.

3.

The parking setback must be met in the designated percentage of the street frontage of any portion of the lot or leased area, as the case may be, adjacent to a public street and applies to surface parking and parking structures (ground story only). Where the required setback of a parking structure is met in less than seventy (70) percent of the street frontage, the structure must substantially conform to the applicable Central Business Core District Design Guidelines.

Surface parking on corner lots, including vehicular entrances and exits, shall be set back at least fifteen (15) feet from each point of intersection unless a greater setback is required by the conditional use permit.

4.

Outdoor amenity space is an exterior area of an establishment that: (1) serves as an amenity for occupants of the establishment or members of the public and (2) consists of areas such as gardens (including roof gardens), landscaping beds or other vegetated and maintained areas, courtyards, fountains, plazas, parks, cafes, or similar areas. Stormwater management facilities may be included within outdoor amenity spaces, but outdoor display areas and areas consisting solely of grass and lacking other components such as trees, landscaping or hardscape improvements shall not be included as outdoor amenity space. Outdoor amenity space shall be maintained in good condition at all times.

(b)

Building Form Standards (values expressed in feet unless otherwise indicated):

Key to permitted uses:

A: Retail and service

B: Office

C: Hotel lobby/conference space/accessory uses

D: Restaurants

E: Recreational, assembly or institutional

F: Residential

G: Hotel

H: Commercial parking structures

Notes:

1.

Permitted encroachments above the maximum height shall be as set forth in section 202.

2.

Measured from finished floor to finished floor.

3.

Minimum percentage of street frontage of the lot or leased area occupied by building façade.

4.

Minimum percentage of windows and doors that must cover a ground story façade facing a street, as measured between two (2) and eight (8) feet above the adjacent sidewalk. The minimum percentage of windows and doors that must cover an upper floor façade facing a street is measured from the finished floor to the finished floor above. When there is no floor above, upper story transparency is measured from the top of the finished floor to the top of the wall plate. A minimum of thirty percent (30%) of a required entrance must be transparent on a mixed-use or commercial building.

5.

"Blank wall" means a portion of the exterior street-facing façade of the building that does not include a substantial material change (paint color is not considered a substantial change); windows, doors, columns, pilasters or other articulation greater than twelve (12) inches in depth. The above requirement applies in both a vertical and horizontal direction and to both ground and upper story street-facing facades.

6.

A mixed-use building is a building containing two (2) or more separate uses, one of which consists of residential dwelling units, that are physically and functionally integrated within the same building on one zoning lot.

7.

Residential dwelling units may not occupy more than fifty percent (50%) of the total floor area of the ground floor of the building in which it is located.

(c)

Outdoor display and storage.

(1)

Outdoor display is the outdoor display of merchandise available for sale at an establishment.

(2)

Outdoor display of merchandise is permitted in association with any permitted commercial use in accordance with the following provisions:

a.

Outdoor displays shall be limited to an area within eight (8) feet of a building façade that contains the principal customer entrance for the building, and shall not be within any area consisting of outdoor amenity space. Outdoor displays shall occupy no more than thirty percent (30%) of the horizontal length of such façade, and the maximum height of any such display shall not exceed six (6) feet;

b.

Outdoor displays shall be removed and placed inside a fully-enclosed building at the end of each business day; and

c.

Outdoor displays may not impair the ability of pedestrians to use the sidewalk.

(3)

Outdoor display of liquefied petroleum (LP) gas storage racks, ice storage bins or similar items, soft drink or other vending machines, or items on pallets, shall not be permitted.

(4)

Outdoor storage is the overnight storage, outside of a building, of products or materials, including, without limitation, merchandise or material in boxes, in crates, on pallets or in shipping containers; vehicles awaiting repair; recreational vehicles and boats; shopping carts; garden or building supplies; shipping containers; lumber, pipe, steel, junk and other similar items.

(5)

Outdoor storage shall be allowed only as provided in section 208 or as a condition of a conditional use permit authorizing the use at which outdoor storage occurs.

(d)

Permitted encroachments.

(1)

The following encroachments into the area between a building façade and public right-of-way shall be permitted:

a.

Galleries, awnings, porte cocheres, stoops, porches and balconies;

b.

Outdoor seating;

c.

Outdoor display areas, in accordance with subsection (c);

d.

Signs, as allowed by section 2210;

e.

Trash receptacles, water features, bicycle racks and bollards;

f.

Pedestrian lighting;

g.

Minor structures accessory to utility facilities such as hydrants, manholes, transformers, utility boxes, meters and fire suppression equipment;

h.

Handicapped ramps to the extent necessary to perform their proper function;

i.

Building eaves, roof overhangs and light shelves, provided there is at least eight (8) feet in clearance above the sidewalk;

j.

Cornices, belt courses, sills, buttresses, or other similar architectural features, provided there is at least eight (8) feet in clearance above the sidewalk;

k.

Bay windows, oriels, vestibules that are less than ten (10) feet wide may extend up to four feet, provided that such extension is at least two (2) feet from the vertical plane of the lot line;

l.

Chimneys or flues, which may extend up to two (2) feet, provided that such extension is at least two feet from the vertical plane of the lot line;

m.

Outdoor amenity space components, plant material, landscaping, sidewalks, trees, tree wells, and planters;

n.

Sculptures and other public art, in accordance with the provisions of section 2207

o.

Permitted access drives;

p.

Walls or fences not more than four (4) feet in height; provided, however, that walls or fences providing required screening or used to screen mechanical or similar equipment shall not exceed eight (8) feet in height;

q.

Subgrade foundations;

r.

Loading docks and necessary mechanical equipment; and

s.

Conditional uses allowed by section 2203 if specified in the conditional use permit.

(2)

Encroachments into or over public streets, sidewalks or other public property shall be permitted in accordance with Article VI of Chapter 33 of the City Code, except as otherwise provided in this Article. All encroaching structures and signs shall conform to the applicable Central Business Core District Design Guidelines.

(Ord. No. 3327, 2-25-14; Ord. No. 3464, 10-18-16)

(a)

This section sets forth the procedures and standards for Alternative Compliance under which the City Council may grant special exceptions to allow the development of new uses or structures that do not conform to the uses or forms of development, including signs, otherwise permitted under this Article.

(b)

Applications for special exceptions seeking Alternative Compliance shall be filed with the Planning Director. There shall be a fee in the amount set forth in section 107.1. The Planning Director shall review applications in light of the applicable standards set forth in this section and may solicit the comments of the Central Business District Association Design Review Committee thereof in connection with such review. Upon completion of such review, the Planning Director shall report his findings and recommendations concerning the application, in writing, to the Planning Commission. Applications shall be the subject of public hearings before the Planning Commission and the City Council in accordance with the procedures prescribed in section 221.

(c)

Alternative Compliance Applications shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development:

(1)

Advances the stated goals and objectives of the Pembroke Strategic Growth Area Plan and the applicable policies of the Comprehensive Plan;

(2)

Is consistent with, or demonstrably superior in design and quality to, the applicable provisions of the Central Business Core District Design Guidelines.

The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and other properties in the remainder of the Central Business Core District and the extent to which any adverse impacts from such deviation can be mitigated.

(d)

The City Council may attach reasonable conditions of approval to an application seeking Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional or other impacts of the deviation from the provisions of this Article or to promote compliance with the goals and objectives of the Pembroke SGA Plan and this Article.

(e)

Nothing in this section shall be construed to impair the right of any proper party to apply to the Board of Zoning Appeals for a variance from any of the development standards set forth in this Article.

(Ord. No. 3327, 2-25-14)

(a)

Optional Forms of Development are design alternatives that may be used in place of the specific requirements prescribed by this Article if the applicable conditions set forth in this section are met. Generally, such conditions include: (1) usage of a form of development or amenity that is different from the specific development standard prescribed by this Article, where the different form or amenity serves the same or a closely-related purpose or purposes as the prescribed development standard; and (2) substantial conformity to applicable provisions of the Central Business Core District Design Guidelines.

(b)

The requirements of this Article may be satisfied by compliance with either the prescribed development standard set forth in section 2204 or the provisions of this section, as applicable. The provisions of this section are intended to encourage creativity by providing a flexible development option that will achieve the goals and objectives of this Article equally well as compliance with the specific development standards set forth in section 2204.

(c)

Optional Forms of Development and Alternative Compliance shall not be deemed to be mutually exclusive, and approval as an Optional Form of Development shall not preclude any application for a special exception under the Alternative Compliance provisions of this Code; provided, however, that if any condition of approval pursuant to a special exception for Alternative Compliance conflicts with an approved Optional Form of Development, the condition contained in the special exception shall control.

(d)

The following provisions set forth the purposes of the development standards prescribed in section 2204 and the optional means of fulfilling those purposes through the use of alternative design and building features:

(1)

Front and side street setbacks.

Purpose: To provide additional space for improvements that contribute to the public realm, such as wider sidewalks, outdoor amenity areas, and plant material and landscaping.

Optional form of development: Provide features that contribute to the public realm, such as public art, courtyards surrounded by buildings built to the property line, balconies, arcades, galleries, porte cocheres or other suitable building elements. The building facade and any other portion of the building encroaching into the setback shall substantially conform to the applicable Central Business Core District Design Guidelines.

(2)

Build-to Zone.

Purpose: To activate the street frontage and establish a street wall by locating building façades close to the street, thereby providing a walkable, pedestrian-oriented streetscape.

Optional form of development:

(i)

Provide outdoor amenity space located adjacent to the street and encompassing substantially the entire area between the street and the building façade along at least seventy percent (70%) of the street frontage of the lot or leased area.

(ii)

Outdoor amenity space may consist of an outdoor café, swimming pool, courtyard, fountain, park, plaza, garden or similar area, or a combination thereof. No vehicular parking shall be allowed anywhere within outdoor amenity space or between the outdoor amenity space and the building facade.

(iii)

The building façade shall substantially conform to the applicable Central Business Core District Design Guidelines.

(iv)

The building façade shall be located no greater than thirty (30) feet from the lot line faced by such building façade unless allowed pursuant to a special exception for Alternative Compliance.

(v)

Where a driveway prevents the use of outdoor amenity space in a location specified by this section, such outdoor amenity space may be placed elsewhere on the lot in such location as will sufficiently activate the street frontage to the extent contemplated by this section.

(3)

Parking Setbacks.

Purpose: To avoid "dead" space along the street frontage that does not contribute to an active street presence.

Optional form of development: Enliven the street frontage and screen the parking area by the creative use of public art, plant material and landscaping, water features, or other pedestrian amenities that provide visual interest. For structured parking, maintain continuity of the sidewalk by minimizing the number and width of curb cuts for driveways. Where alleys do not exist, concentrate curb cuts at side streets or mid-block. The optional form of development shall substantially conform to applicable Central Business Core District Design Guidelines.

(4)

Height.

Purpose: To provide an organized form throughout the Central Business Core District; provide gradual transitions in building height in areas in which such transitions are contemplated by the Pembroke SGA Plan.

Optional form of development: An increase in height not exceeding that permitted by section 202(b) or reduction in the minimum height to no less then twenty-two (22) feet is permitted for any building that substantially conforms to Chapter 3 (Buildings) of the Central Business Core District Design Guidelines.

(5)

Transparency/Blank Wall.

Purpose: To contribute to an interesting and safe pedestrian environment.

Optional form of development: provide outdoor amenity space, such as a courtyard, outdoor café or water feature, adjacent to the street, or, for upper stories, balconies and galleries. Enhance materials and architectural detail on building facades in substantial conformity with applicable Central Business Core District Design Guidelines. Outdoor amenity space shall be in reasonable proportion to the degree of difference between the prescribed transparency requirements and the actual transparency provided.

(Ord. No. 3327, 2-25-14)

(a)

Definition. Public art, as used in this Article, means works of art in any media, whether located on public or private property, that are visible to members of the general public or that have been planned and executed with the specific intention of being sited or staged on or within publicly-owned property.

(b)

Purpose. Public art is an investment in the cultural vitality and economic development of a community. Sculptures, murals and other forms of public art can become place-makers, landmarks, and foster culturally dynamic, economically vibrant communities by creating memorable urban places where people desire to live, work, play and learn. For those reasons, the provision of public art in lieu of conformity with one or more of the required forms of development prescribed in this Article accords with the City Council's vision of the Town Center area as a future Arts and Cultural District, the recommendations of the Pembroke SGA Plan, and advances the ultimate goals of the Comprehensive Plan.

(c)

Applicability. Public art may be utilized as an Optional Form of Development in place of conformity with one or more of the following provisions regarding a prescribed development standard set forth in section 2204:

(1)

Build-to zone;

(2)

Front or side street setbacks;

(3)

Transparency;

(4)

Blank wall; or

(5)

Outdoor amenity space.

(d)

Location. Subject to the provisions of subsection (f), public art shall be located:

(1)

Outdoors so as to be readily visible and accessible to pedestrians, and no further than fifty (50) feet from the nearest point on a public sidewalk, except under exceptional circumstances as approved by the Public Art Committee;

(2)

Away from signage, transit stop structures or benches, utility boxes, utility poles, mailboxes, bicycle racks or other items, either on or off the property, that may impair the public's view or diminish the aesthetic value of the artwork;

(3)

In such manner as not to interfere with or impede the flow of pedestrian traffic on a public sidewalk; and

(4)

On the same zoning lot as the development for which the artwork serves as an Optional Form of Development and, to the extent possible consistent with the foregoing criteria, in such location as to maximize the degree to which the work of art offsets noncompliance with the prescribed development standard.

(e)

Public art provided as an Optional Form of Development shall serve as a direct replacement for each prescribed development standard or standards from which the subject development deviates and, if located on the same zoning lot as the subject development, shall serve the same purpose or purposes as the prescribed development standard.

(f)

Public art located on publicly-owned property. Public art may be located on publicly-owned property within the Pembroke Strategic Growth Area, including, without limitation, public streets and sidewalks, Town Center gateways, street corners, the Fountain Plaza, the Sandler Center Plaza, public parking garages and future transit stations, with the approval of the City Council, provided that:

(1)

There is no feasible location on the subject property from which the work of art can be plainly and wholly seen by the public;

(2)

The present or any planned land use of the subject property is such that placement of a work of art, in any media, on the property would be destructive to the work of art due to the activities related to the land use;

(3)

The property is already fully developed in such a way that there is no location on the site for a work of art, and the work of art is approved as an Optional Form for renovation of the building necessitating use of a blank wall or reduction in transparency; or

(4)

The location of the work of art cannot physically meet the criteria specified in subsection (d)(1);

(g)

Approval by Public Art Committee. Public art, and any alteration or removal thereof, must be approved by the Public Art Committee of the Virginia Beach Arts and Humanities Commission.

(h)

Ownership, maintenance, contractual provisions. Except in cases in which public art is dedicated to the City, the ownership of public art works shall be bound in perpetuity by written covenant, approved by the City Attorney, to the property for which they serve as an Optional Form of Development and, unless otherwise approved by the City, shall be maintained by the owner of the property for which it serves as an Optional Form of Development. Where a work of art is to be dedicated to the City, there shall be a written agreement between the City, the owner of the work of art and, if applicable, the artist, which agreement shall include, at a minimum, terms regarding the ownership, maintenance, insurance and intellectual property rights pertaining to the work of art. Such agreement shall be subject to the approval of the City Council.

(i)

Signage. No lettering, symbols, or signage shall be permitted upon public art works except as intended by the artist as an integral part of the work. Paintings or murals may be signed by the artist, and the name of the work displayed. For sculptures, the artist shall designate the plaque location, which shall be permanently installed, using theft-resistant techniques, in a ground location near the sculpture or on the base and list only the sculpture's title, the artist's name the date of installation and the name of the donor, if applicable.

(j)

Planting/landscaping. Sculptures and their bases shall be well integrated with the surrounding softscape and hardscape. Long-term maintenance should be considered when selecting plant material. Native and drought-resistant plants are encouraged.

(k)

Unacceptable art. Decorative or ornamental pieces that are not conceptualized, designed, and fabricated by a qualified artist, such as "off-the-shelf" decorative items such as garden sculpture; historical markers or bells; bell towers; obelisks; architectural ornamentation or enhancements; art as advertisements or commercial signage mixed with imagery; and busts or statuary memorials, or mass produced reproductions or replicas of original works of art shall not be accepted as an Optional Form of Development.

(l)

Artists' qualifications. Artists creating public art, or supervising students creating public art, shall be selected by the property owner or developer, subject to approval by the Public Art Committee, and shall have the following qualifications:

(1)

Artists shall be recognized by critics and peers as a professional practitioner of the visual arts. To assess the qualifications of an artist the Committee will consider factors such as the artist's body of work, educational background, formal training, past and current large scale outdoor public art commissions, sales of work, exhibition records, publications, and any other factors the Committee reasonably deems relevant;

(2)

Artists shall also have experience in successfully collaborating with design teams, architects, art consultants, developers, engineers, fabricators, and landscape architects; meeting scheduled deadlines; negotiating and contracting their work responsibly; and conceptualizing, designing, fabricating, and installing large-scale outdoor sculpture similar in scope to the proposed sculpture; and

(3)

Artists shall have the experience and expertise to create site specific public art after consideration of contextual issues related to the development site, including architectural style, the future use and users of the development project, and community input.

(m)

Applications. Applications and supporting materials shall be submitted to the Director of the Office of Cultural Affairs, who shall provide the Arts and Humanities Commission members with copies thereof. The form of such application and requirements for supporting materials shall be determined by the Director.

(n)

Conflicting provisions. The procedures set forth in this section shall exclusively govern the selection, placement and other provisions pertaining to public art as an Optional Form of Development, such that in the event of a conflict with any other ordinance, directive, or other provision concerning public art as an Optional Form of Development, the provisions of this section shall control.

(Ord. No. 3327, 2-25-14)

(a)

Notwithstanding the provisions of section 105(d), additions to or substantial alterations of any building or other structure rendered nonconforming by the adoption of this Article shall be allowed if:

(1)

Not more than fifty percent (50%) of the original building or structure is demolished in order to accomplish the addition or substantial alteration;

(2)

The exterior footprint of the building or structure, including the floor plate of upper stories, is not increased by more than fifteen percent (15%);

(3)

The height of such building or structure is not increased by more than fifteen percent (15%) in any district in which there is a maximum height limitation; provided, that no structure shall be higher than otherwise allowed by section 202;

(4)

The use or uses of the building or structure conform to the provisions of this Article or are allowed by special exception for Alternative Compliance pursuant to section 2205;

(5)

The building or structure, as added to or substantially altered, will be compatible with surrounding properties and neighborhoods; and

(6)

The portions of the building or structure that are added or substantially altered substantially conform to the Central Business Core District Design Guidelines, as determined by the Planning Director after review and recommendation by the Central Business District Design Review Committee.

(b)

Except as provided in subsection (c), additions to or substantial alterations of nonconforming buildings and other structures not allowed pursuant to subsection (a) shall require a special exception for Alternative Compliance in accordance with the provisions of section 2207.

(c)

Any nonconforming building or structure that is involuntarily damaged or destroyed may be reconstructed or restored to its prior condition and location within two (2) years of its being damaged or destroyed; provided that any enlargement or substantial alteration of such building shall be subject to the provisions of this section.

(Ord. No. 3327, 2-25-14)

(a)

Intent. The intent of the sign regulations set forth in this section is to:

(1)

Encourage signage that enhances the overall aesthetics of the Central Business Core District;

(2)

Ensure that the public benefits derived from past and future expenditures of public funds for the infrastructure improvements and beautification of the streets and public spaces are protected by preventing visual clutter caused by excessive or poorly placed signage;

(3)

Encourage signage that is reflective of the aesthetics and character of its location and compatible with, and integrated into, the building's architectural design and with other signs on the property;

(4)

Provide incentives for high-quality signage by increasing signage allowances for signs that conform to the Central Business Core District Design Guidelines; and

(5)

Encourage creativity by providing flexibility to utilize signage not only as a means of identifying a business establishment but as a decorative feature to enhance the appearance of a building as well.

(b)

Findings. The City Council finds that:

(1)

Signs have a strong visual impact on the character and quality of a community. They are an integral part of the cityscape and, as such, can enhance or detract from the City's image and character. As a prominent part of the cityscape, they can attract or repel the viewer and affect the safety of vehicular traffic, and their suitability helps to define the way in which a community is perceived. Because the City of Virginia Beach relies on the attractiveness of the Town Center area to attract tourists and commerce, aesthetic considerations are directly related to economic value. Apart from economic considerations, however, there are intangible benefits for a community in which signage is orderly and attractive;

(2)

The City's current sign regulations address characteristics such as the size and number of signs, but generally do not address other characteristics, such as design, that are equally important in promoting an attractive, urban downtown area.

(3)

Design standards for signage are used in many other localities that are known for their attractiveness and appeal to residents and visitors alike, and have been well-accepted by both businesses and the general public as a means of enhancing the overall appearance and prosperity of the community; and

(4)

Providing incentives for businesses to display signage that conforms to voluntary design guidelines is an appropriate means of encouraging those businesses to use well-designed, highly attractive signs that harmonize with the buildings on which they are displayed, the surrounding neighborhood, and other signage in the area.

(c)

Establishment of special sign district. The Central Business Core District is hereby declared a special sign district, in which the provisions of this section apply.

(Ord. No. 3327, 2-25-14)

The following regulations shall apply to all signage within the Central Business Core District. All signage shall comply with the provisions of Article 2, Part B of the City Zoning Ordinance, except as otherwise expressly provided in this section. Definitions of sign types shall be as set forth in section 210.2. In the event of a conflict between the provisions of this section and any other provision of the City Zoning Ordinance, the provisions of this section shall apply.

(a)

Permitted signs. The following signs shall be permitted within the Central Business Core District:

(1)

Awning signs shall be limited to one (1) sign per awning and shall not exceed a maximum of two (2) square feet in area; provided, however, that an establishment with no wall signs may apply its wall signage allowance, if any, to one (1) awning, in addition to the maximum two square-foot signs permitted on the remaining awnings. In such cases, the awning and sign must conform to the Central Business Core District Design Guidelines. Awning signs shall not be internally illuminated. Awnings shall not horizontally extend more than three (3) feet over the public street, sidewalk or other public property or from the building façade and shall have a minimum vertical clearance of eight (8) feet above ground level.

(2)

Banner signs other than those allowed in connection with major entertainment venues shall be permitted on buildings no less than thirty-two (32) feet in height and must conform to the Central Business Core District Design Guidelines. Banner signs shall not be internally illuminated. Banners shall have a minimum vertical clearance of fifteen (15) feet above ground level, shall not horizontally extend more than five (5) feet over the public street, sidewalk or other public property or from the building façade, and shall not extend above the top of the building façade. Banners shall be securely mounted by means of mounting hardware perpendicularly to a vertical building wall.

(3)

Building crown signs. In addition to other signage allowed by this section, buildings no less than thirty-two (32) feet in height may have a maximum of two (2) building crown signs. Buildings no less than fifty-two (52) feet in height may have a maximum of four (4) building crown signs, provided they conform to the Central Business Core District Design Guidelines. Building crown signs shall not exceed the area set forth below, nor shall more than one such sign be placed on each building façade. Such signs shall be mounted at least three-fourths (¾) of the distance from ground level to the top of the building façade, but no higher than the top of the building façade. No such sign shall horizontally extend into the public street, sidewalk or other public property or from the building façade more than the amount listed below.

(4)

Canopy signs shall be limited to one (1) sign per canopy and shall not exceed a maximum of two (2) square feet in area; provided, however, that an establishment with no wall signs may apply its wall signage allowance, if any, to one (1) canopy, in addition to the maximum two square-foot signs permitted on the remaining canopies. In such cases, the canopy and sign must conform to the Central Business Core District Design Guidelines. No canopy sign shall exceed two (2) feet in height or one (1) foot in depth. No canopy sign shall extend outside of the width of the canopy on which it is located. Canopies shall not horizontally extend more than three (3) feet over the public street, sidewalk or other public property or from the building and shall have a minimum vertical clearance of eight (8) feet.

(5)

[RESERVED]

(6)

Freestanding signs shall be allowed only by special exception for Alternative Compliance pursuant to section 2205.

(7)

Hanging signs shall be limited to one (1) sign for each building façade occupied by a ground story establishment and shall not exceed nine (9) square feet in area. Such signs shall have a maximum of two (2) faces, which shall be parallel to each other. No establishment having a hanging sign shall also have a projecting sign on the same building façade. No hanging sign shall be internally illuminated. Hanging signs shall not horizontally extend more than three (3) feet over the public street, sidewalk or other public property or from the building façade and shall maintain a minimum vertical clearance of eight (8) feet above ground level.

(8)

Information board signs shall be placed within a weather-resistant closed display cabinet permanently mounted to the building façade and extending no more than six (6) inches over the public street, sidewalk or other public property or from the building façade. The maximum height of the lettering on such signs shall not exceed two (2) inches.

(9)

Major entertainment venue signs shall be permitted in accordance with the provisions of section 218.

(10)

Marquee signs shall be allowed only on buildings occupied by theaters, cinemas, performing arts facilities or similar venues, and shall conform to the Central Business Core District Design Guidelines. The top of such signs shall be at a height no greater than eighteen (18) feet above ground level, and the marquee shall have a minimum vertical clearance of nine (9) feet above ground level. In addition, such signs may contain changeable copy as permitted by subsection (b)(7). Marquee signs may encroach over a public street, sidewalk or other public property by a maximum horizontal distance of ten (10) feet.

(11)

[RESERVED]

(12)

Projecting or blade signs shall be limited to one (1) sign for each building façade occupied by a ground story establishment. Such signs shall have a maximum of two (2) faces, which shall be parallel to each other, and no establishment having a projecting sign shall also have a hanging sign on the same building façade. Projecting signs shall not be internally illuminated and shall not exceed nine (9) square feet per face in sign area or horizontally extend more than three (3) feet over the public street, sidewalk or other public property or from the building façade, provided, however, that an establishment with no wall sign may apply its wall signage allowance, if any, to one (1) projecting sign, if it conforms to the Central Business Core District Design Guidelines. All projecting signs shall maintain a minimum vertical clearance of eight (8) feet above ground level.

(13)

Sandwich board, A-frame or other signs placed on the sidewalk shall be made primarily of wood, wood composite or metal and have a professional finish. Incorporated inserts must contain a fixed message or be made out of chalkboard, dry eraser board, or similar material. Such signs shall be placed directly in front of the façade of the building in which the establishment that is associated with the sign is located, and a horizontal clearance of at least eight (8) feet shall be maintained on public sidewalks. Such signs shall not be illuminated or left out overnight. A maximum of one (1) such sign, not to exceed six square feet per side, shall be permitted per establishment. No merchandise or other material shall be placed on or hang from any such sign. Sidewalk signs other than sandwich board, A-frame style (not hinged at the top) are permitted if they conform to the Central Business Core District Design Guidelines.

(14)

[RESERVED]

(15)

Table umbrella signs shall be limited to no more than two (2) signs on each umbrella and no more than two (2) square feet per sign.

(16)

Wall signs shall not exceed sixty (60) square feet or one (1) square foot per linear foot of building frontage. Establishments located on the ground or second story shall be permitted one (1) such sign on each building façade occupied by the establishment. No wall sign shall extend above the building façade or horizontally extend more than twelve (12) inches over the public street, sidewalk or other public property or from the building façade.

(17)

Window signs shall not exceed, in the aggregate, ten (10) per cent of the total area of the windows in which they are located; provided, however, that an establishment with no wall signs may apply its wall sign allowance to any window. In such cases, window signs must conform to the Central Business Core District Design Guidelines. Window signs shall not consist of or contain oscillating lights, electronic displays, televisions, or computer monitors. Neon or similar types of signs not to exceed the area specified above shall be permitted if such signs conform to the Central Business Core District Design Guidelines.

(b)

Special regulations.

(1)

Unless otherwise provided, the regulations set forth in this section apply to each separate establishment.

(2)

In the event of a conflict between any of the following provisions and the provisions of subsection (a), the provisions of this subsection control unless stated otherwise.

(3)

All signs that encroach into or over a public street, sidewalk, or other public property shall conform to the Central Business Core District Design Guidelines unless otherwise authorized by resolution of the City Council pursuant to Article VI of Chapter 33 of the City Code.

(4)

Except as expressly allowed, no sign shall be located above the second story of any building.

(5)

Except as expressly allowed, all signs shall be located on that portion of a building wall occupied exclusively by the establishment that is associated with the sign.

(6)

Cabinet or box signs, either standing alone or as a component of a sign, shall not be allowed.

(7)

Changeable copy shall only be allowed as part of a marquee sign, where the changeable copy portion of such signs is not greater than forty percent (40%) of the total area of the marquee sign. Skewed or missing lettering shall be promptly replaced.

(8)

Electronic displays shall be allowed only for major entertainment venues and shall require the approval of the City Council as specified in section 218.

(9)

Neon signs shall not oscillate, blink or flash and shall only be allowed in windows as specified in subsection (a)(17).

(10)

Parking structures and parking garages, public or private, may have one (1) wall sign and one (1) projecting sign per pedestrian or vehicle entrance. The maximum sign area for such wall signs shall not exceed one foot per linear foot of the width of the entrance. The maximum area for projecting signs shall not exceed sixty (60) square feet and shall not horizontally extend more than six (6) feet over the public street, sidewalk or other public property or from the building façade. Projecting signs on parking structures may be internally illuminated. Wall or projecting signs at pedestrian entrances shall be located at ground floor height. In addition to wall and projecting signs, parking structures no less than thirty-two (32) feet in height shall also have no more than two (2) building crown signs. Unless otherwise specified, no signs on parking structures or garages shall exceed the dimensions specified in section 2210(a).

Where a building is located on a zoning lot with a parking structure that is used to satisfy, in whole or in part, the vehicular parking requirements of the building, such building may have, in addition to other signage permitted by this section, one (1) wall sign, which shall be located on the parking structure serving the building and which may be located above the second story of the structure. Such sign shall have an area no greater than one (1) square foot of signage per linear foot of the building wall of the parking structure on which the sign is located, not to exceed sixty (60) square feet.

(11)

Temporary signs located on property for sale, lease or rent shall not exceed sixteen (16) square feet in area. Not more than one (1) such sign is permitted for each building frontage; provided, however, that leasable spaces with a building frontage one hundred (100) feet or greater in width shall be permitted a maximum of two (2) such signs. Properties with no buildings shall be subject to the regulations of the B-3 Central Business District pursuant to section 905(c).

(Ord. No. 3327, 2-25-14; Ord. No. 3442, 4-19-16; Ord. No. 3464, 10-18-16)

The Central Business Core District Design Guidelines, October 2016 ("Design Guidelines") appended hereto are hereby incorporated by reference into this Article. Such Design Guidelines shall supersede Section V (Architectural Guidelines) and Sections VII through X (Signage Guidelines/Design Review Process) of the Central Business District Urban Guidelines (February 4, 2004), and the Special Area Design Guidelines, Urban Areas, set forth in the Reference Handbook of the Comprehensive Plan.

The Planning Director shall determine whether or not a proposed design conforms to the Design Guidelines and may, in making such determination, seek the advice of the Central Business District Association Design Review Committee or a designated subcommittee thereof. Such determination shall be appealable to the Board of Zoning Appeals.

(Ord. No. 3327, 2-25-14; Ord. No. 3464, 10-18-16)

(a)

For purposes of this section, the term "parking requirements" shall mean the number of off-street vehicular parking spaces required by this section.

(b)

Parking requirements shall be determined in accordance with a parking analysis prepared by a licensed professional engineer or other qualified professional. Such analysis shall contain, at a minimum, the current parking utilization, parking demands based upon current land uses, a determination of a surplus or shortage of parking, and the impact of the proposed development on parking and traffic conditions. The Planning Director shall determine the adequacy of the analysis.

(c)

Notwithstanding anything in this ordinance to the contrary, required off-street parking for any use located within the District may be made available for use by the general public as well as by the customers or patrons of such use.

(d)

Parking requirements for uses within the 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 901 of this ordinance; or

(3)

Public parking, if the Planning Director determines (i) that there is at least a sufficient number of public parking spaces located within the District to meet public parking demands; and (ii) 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 this Article; and

b.

The extent to which the proposed use conforms to the Urban Design Plan component of the Pembroke Strategic Growth Area Plan.

(Ord. No. 3327, 2-25-14)