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Virginia Beach City Zoning Code

ARTICLE 3

- PRESERVATION DISTRICT

Sec. 300.- Legislative intent.

It is the intent of the City of Virginia Beach to protect its atmosphere, lands and waters from pollution, impairment or destruction for the benefit, enjoyment and general welfare of the public. Critical areas of special concern include parklands, wilderness areas, open spaces, greenbelts, beach reserves, scenic areas, wetlands, floodplains, floodways, watersheds and water supplies; and to conserve fish and wildlife. The boundaries of these areas of critical concern shall be identified and delineated in order to provide a means of protecting and preserving them.

Sec. 301. - Use regulations.

(a)

Principal and conditional uses. The following chart lists those uses permitted within the P-1 Preservation District. Those uses and structures shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than as specified shall be permitted.

Use P-1
Borrow pit C
Building-mounted antennas meeting the requirements of section 207 P
Building-mounted antennas other than those meeting the requirements of section 207 C
Cemetery, columbarium, crematory and mausoleum C
Colleges and universities, but not including dormitories or other housing facilities C
Columbarium located in cemetery P
Communication towers meeting the requirements of section 232 as administrative review eligible projects P
Communication towers-standard process C
Environmental education centers other than those operated by a governmental entity C
Fish hatcheries and fish ponds P
Forests and forestry; provided that the harvesting of timber shall be in accordance with the requirements of subsection (a1) P
Game preserves P
Golf courses, private, nonilluminated, including par 3, but not including miniature, with a minimum area of 10 acres C
Harvesting of timber where all requirements of subsection (a1) are not met C
Marinas, noncommercial C
Open agricultural and horticultural uses, provided that intensive cultivation shall not be allowed P
Personal watercraft rentals C
Public parks, recreational areas, botanical and zoological gardens, golf courses, marinas and other public buildings and uses P
Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings P
Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council. Such facilities may include permanently enclosed components, provided such components do not exceed a total of twenty (20) percent of the area encompassed by the conditional use permit and the activities conducted therein are identical to those conducted outdoors or specifically permitted by the conditional use permit. C
Recreational campgrounds C
Riding academies, horses for hire or boarding C
Small wireless facilities meeting the requirements of section 207 P
Small wireless facilities not placed on existing structures C
Storage and maintenance installations for public utilities C
Television or other broadcasting stations C
Temporary communication towers meeting the requirements of section 207 P
Watersheds, wells, water reservoirs and water control structures P
Wind energy conversion systems, freestanding C
Wind energy conversion systems, roof-mounted C

 

(a1)

Harvesting of timber shall be permitted as a principal use only if the following requirements are met, and otherwise shall be allowed only as a conditional use:

(1)

Such activity is conducted in accordance with the silvicultural best management practices developed and enforced by the state forester pursuant to section 10.1-1105 of the Virginia Code;

(2)

Such activity is conducted upon land which has been classified by the city assessor as real estate devoted to forest use; and

(3)

The area on which harvesting occurs is reforested artificially or naturally or is converted to bona fide agricultural or improved pasture use.

(a2)

Prior to commencing any timber harvesting activity, the owner of the property upon which such activity is to occur shall notify the zoning administrator, in writing, of his intent to harvest the timber on such property. Within ten (10) working days after the receipt of such notice, the zoning administrator shall notify the property owner whether the proposed activity will be allowed as a principal use or will require a conditional use permit. No harvesting of timber shall take place until the zoning administrator notifies the owner that the proposed activity is allowed as a principal use or until a conditional use permit has been granted by the city council, whichever the case may be.

(b)

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures; provided that roadside stands for sale of agricultural products shall not be permitted as accessory to agricultural uses in this district; provided further, that in connection with golf courses, accessory uses shall be designed and scaled to meet only the requirements of the members, guests or users of the golf course.

(Ord. No. 2427, 10-29-96; Ord. No. 2513, 10-27-98; Ord. No. 2611, 8-22-2000; Ord. No. 3046, 8-26-08; Ord. No. 3102, 9-8-09; Ord. No. 3154, 11-9-10; Ord. No. 3289, 6-11-13; Ord. No. 3403, 4-21-15; Ord. No. 3477, 12-13-16; Ord. No. 3514, 7-11-17; Ord. No. 3661, 5-18-21)

Sec. 302. - Dimensional requirements.

The following chart lists the requirements within the P-1 Preservation District for minimum lot area, width, yard spacing, maximum lot coverage and height regulations:

Requirement     P-1

(a)

Minimum lot area:       5 acres 

(b)

Minimum lot width:       200 feet 

Minimum lot area and lot width requirements do not apply to conditional uses or to public utility installations.

(c)

Minimum front yard setback:       50 feet 

(d)

Minimum side yard setback:       50 feet 

(e)

Minimum rear yard setback:       50 feet 

(f)

Maximum lot coverage:       10 percent

(g)

Any yard that adjoins a major street or right-of-way designated on the official transportation plan shall be increased by fifty (50) feet.

(h)

There shall be no maximum height requirements in the P-1 Preservation District except that no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation.

Sec. 303. - Sign regulations.

Within the P-1 Preservation District, except as may be permitted by the conditional use permit authorizing a specific use, only one (1) sign, not exceeding twelve (12) square feet in area, shall be permitted on any zoning lot in connection with any use. No sign shall be directly illuminated or located closer than ten (10) feet to the property line fronting the street or be higher than eight (8) feet above the ground elevation.

(Ord. No. 3442, 4-19-16)

Sec. 304. - Parking regulations.

Parking shall be required for all uses and structures permitted in the P-1 Preservation District in accordance with section 203.