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Virginia Beach City Zoning Code

ARTICLE 6

- APARTMENT DISTRICTS

Sec. 600.- Legislative intent.

The purpose of the A-12 and A-18 Apartment Districts is to provide areas for various multiple-family housing types at a variety of densities, in areas where public facilities are adequate to support these densities, and to provide for certain other necessary and related uses within multi-family communities but limited as to maintain compatibility with residential uses. The A-24 and A-36 Apartment Districts are created in recognition of the existence of developed areas where multifamily dwellings exist at densities between twenty-four (24) and thirty-six (36) dwelling units per acre. It is not the intention to create additional A-24 or A-36 Districts or to enlarge the limits of existing A-24 or A-36 Districts except in cases to promote infilling in areas that are already zoned or developed at densities between twenty-four (24) and thirty-six (36) dwelling units per acre.

Sec. 601. - Use regulations.

(a)

Principal and conditional uses. The following chart lists those uses permitted within the A-12 through A-36 Apartment Districts. Those uses and structures in the respective apartment districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted.

_____

Use A-12 A-18 A-24 A-36
Agricultural and horticultural uses except for the keeping of poultry, livestock, bees, fish ponds and fish hatcheries P P P P
Assembly uses C C C C
Bed and breakfast inns C C C C
Borrow pits C C C C
Building-mounted antennas meeting the requirements of section 207 P P P P
Child care education centers in conjunction with public or private elementary schools or religious uses P P P P
Communication towers meeting the requirements of administrative eligible project and temporary communications towers meeting the requirements of section 207 P P P P
Communication towers standard process C C C C
Day-care centers P P P P
Dwellings, attached (townhouses) P P P X
Dwellings, duplex P P P P
Dwellings, multiple-family P P P P
Dwellings, semidetached P P P P
Dwellings, single-family additions P P P P
Facilities for the production of live theater and allied purposes including education in the theater arts C C C C
Family day-care homes, foster homes or group homes C C C C
Fraternity and sorority houses, student centers and student dormitories C C C C
Golf courses, nonilluminated, including par 3 but not miniature, with a minimum area of 10 acres C C C C
Home occupation C C C C
Home sharing meeting the requirements of section 209.6 P P P P
Hospitals and sanitariums C C C C
Housing for seniors and disabled persons C C C C
Marinas, noncommercial and community boat docks C C C C
Maternity homes C C C C
Mobile home parks C C C C
Museums and art galleries when not operated by a public agency C C C C
Nurse's homes and similar housing for institutional employees, monasteries and convents C C C C
Personal watercraft rentals C C C C
Public parks, recreational areas, botanical and zoological gardens and other public buildings and uses P P P P
Public elementary, intermediate and high schools; colleges and universities P P P P
Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substation so 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 P P P
Private schools when having academic curriculums similar to public schools C C C C
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, except that riding academies and recreational campgrounds shall not be allowed C C C C
Religious uses C C C C
Short-term rental X X X X
Short-term rental within the Sandbridge Special Service District,* meeting all of the requirements of Section 241.2 P P P P
Short-term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 C C C C
Single room occupancy facility C C C C
Small wireless facilities meeting the requirements of section 207 P P P P
Small wireless facilities not placed on existing structures P P P P
Television or other broadcasting stations C C C C
Wind energy conversion systems, freestanding C C C C
Wind energy conversion systems, roof-mounted C C C C
*Sandbridge Special Service District is defined in City Code section 35.1-3.

 

(b)

Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to:

(1)

Garages, tool sheds, greenhouses, swimming pools, barbecue facilities and tennis courts.

(2)

An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage or tattoo parlors, body piercing establishments, radio or television repair shops, auto repair shops, or similar establishments.

(3)

Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive days or more is an accessory use to the dwelling.

(c)

Special restrictions in Accident Potential Zone 1 (APZ-1). No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-1) unless such use is designated as compatible in APZ-1 in Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of section 1804; provided, however, that any use or structure not designated as compatible shall be permitted as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure.

(Ord. No. 2268, 6-14-94; Ord. No. 2368, 1-9-96; Ord. No. 2427, 10-29-96; Ord. No. 2495, 6-23-98; Ord. No. 2513, 10-27-98; Ord. No. 2627, 4-24-01; Ord. No. 2782, 8-26-03; Ord. No. 2907, 12-20-05; Ord. No. 2972, 2-27-07; Ord. No. 3000, 9-25-07; Ord. No. 3046, 8-26-08; Ord. No. 3102, 9-8-09; Ord. No. 3403, 4-21-15; Ord. No. 3441, 4-19-16; Ord. No. 3514, 7-11-17; Ord. No. 3578, 1-15-19; Ord. No. 3661, 5-18-21; Ord. No. 3667, 7-13-21)

Sec. 602. - Dimensional requirements.

The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard spacing and maximum lot coverage for semidetached dwellings.

(a)

For semidetached dwellings:

Apartment Districts
A-12 A-18 A-24 A-36
 (1)
Minimum lot area in square feet:
6,500 6,500 6,500 6,500
 (2)
Minimum lot width in feet:
60 60 60 60
 (3)
Minimum front yard setback in feet:
30 30 30 30
 (4)
Minimum side yard setback in feet:
15 15 15 15
 (4.1)
Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 feet 5 feet 5 feet 5 feet
 (4.2)
Minimum side yard setback when adjacent to a street in feet:
30 30 30 30
 (5)
Minimum rear yard setback in feet:
10 10 10 10
 (5.1)
Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 feet 5 feet 5 feet 5 feet
 (6)
Maximum lot coverage in percent:
30 30 30 30

 

The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard spacing and maximum lot coverage for duplex dwellings.

(b)

For duplex dwellings:

Apartment Districts
A-12 A-18 A-24 A-36
 (1)
Minimum lot area in square feet:
10,000 20,000 20,000 40,000
 (2)
Minimum lot width in feet:
75 100 100 200
 (3)
Minimum front yard setback in feet:
30 30 30 30
 (4)
Minimum side yard setback in feet:
10 10 10 8
 (4.1)
Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 feet 5 feet 5 feet 5 feet
 (4.2)
Minimum side yard setback when adjacent to a street in feet:
30 30 30 30
 (5)
Minimum rear yard setback in feet:
10 10 10 10
 (5.1)
Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 feet 5 feet 5 feet 5 feet
 (6)
Maximum lot coverage in percent:
30 30 30 30

 

The following chart lists the requirements within the A-12 through A-24 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, maximum density and maximum number of units constructed in a single building for single-family attached dwellings (townhouses).

(c)

For attached dwellings (townhouses):

Apartment Districts
A-12 A-18 A-24
 (1)
Minimum lot area in square feet:
1,400 1,400 1,400
 (2)
Minimum average lot area in square feet:
2,500 2,500 2,500
 (3)
Minimum interior lot width in feet:
14 14 14
 (4)
Minimum exterior lot width in feet:
30 30 30
 (5)
Minimum front yard setback in feet:
30 30 30
 (6)
Minimum front yard setback where all required parking is provided in the rear, in feet:
15 15 15
 (7)
Minimum side yard setback in feet:
10 10 10
 (7.1)
Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 feet 5 feet 5 feet
 (7.2)
Minimum side yard setback when adjacent to a street in feet:
30 30 30
 (8)
Minimum rear yard setback for dwellings in feet:
20 20 20
 (9)
Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 5 5
 (10)
Maximum lot coverage in percent:
40 40 40
 (11)
Maximum density in dwellings per acre:
12 18 24
 (12)
Maximum number of attached dwellings in one (1) group without side yard setbacks:
6 6 6

 

The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage and maximum density for multiple-family dwellings.

(d)

For multiple-family dwellings:

Apartment Districts
A-12 A-18 A-24 A-36
 (1)
Minimum lot area in square feet:
10,000 20,000 20,000 40,000
 (2)
Minimum lot width in feet:
100 100 100 200
 (3)
Minimum front yard setback in feet:
30 30 30 30
 (4)
Minimum side yard setback in feet:
10 10 10 8
 (4.1)
Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 feet 5 feet 5 feet 5 feet
 (4.2)
Minimum side yard setback when adjacent to a street in feet:
30 30 30 30
 (5)
Minimum rear yard setback in feet:
10 10 10 10
 (5.1)
Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street:
5 feet 5 feet 5 feet 5 feet
 (6)
Maximum lot coverage by buildings and parking, excluding recreational buildings and surfaces in percent:
40 50 60 75
 (7)
Maximum density in dwellings per acre:
12 18 24 36

 

The following chart lists the requirements within the A-12 through A-36 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage and maximum floor area ratio for uses and structures other than dwellings.

(e)

For uses other than dwellings:

Apartment Districts
A-12 A-18 A-24 A-36
 (1)
Minimum lot area in square feet:
40,000 40,000 40,000 40,000
 (2)
Minimum lot width in feet:
150 150 150 200
 (3)
Minimum front yard setback in feet:
30 30 30 30
 (3.1)
Minimum side yard setback when adjacent to a street in feet:
30 30 30 30
 (4)
Minimum side yard setback in feet:
15 10 10 8
 (5)
Minimum rear yard setback in feet:
15 10 10 10
 (6)
Maximum lot coverage in percent:
30 30 30 30
 (7)
Maximum floor area ratio to zoning lot area:
0.3 0.7 0.7 1.1

 

(f)

For additions to existing single-family dwellings:

Apartment Districts
A-12 A-18 A-24 A-36
 (1)
Minimum front yard setback in feet:
30 30 30 30
 (2)
Minimum side yard setback except when adjacent to a street in feet:
8 8 8 8
 (3)
Minimum side yard setback when adjacent to a street in feet:
30 30 30 30
 (4)
Minimum rear yard setback except for accessory structures in feet:
20 20 20 20
 (5)
Minimum rear yard setback for accessory structures in feet:
10 10 10 10
 (6)
Maximum lot coverage in percent:
35 35 35 35

 

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(g)

Front and side-yard setbacks adjacent to a street may be reduced in accordance with the provisions of Part H of Article 2.

(Ord. No. 1978, 6-11-90; Ord. No. 2268, 6-14-94; Ord. No. 3192, 7-12-11; Ord. No. 3384, 12-2-14; Ord. No. 3675, 10-5-21)

Sec. 603. - Landscape screening and buffering regulations.

When a zoning lot within an A-12, A-18, A-24 or A-36 Apartment District adjoins a residential district without an intervening street, alley or body of water over twenty-five (25) feet in width a ten-foot minimum yard shall be required along all lot lines adjoining the residential district. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards.

Sec. 604. - Height regulations.

(a)

For the A-12 and A-18 Apartment Districts, the maximum-height for all buildings and structures is thirty-five (35) feet.

(b)

For the A-24 Apartment District, the maximum height for all buildings and structures is forty-five (45) feet.

(c)

For the A-36 Apartment District, the maximum height for all buildings and structures is one hundred twenty (120) feet.

(d)

Notwithstanding the above, no building or other structure shall exceed the height limit established by section 202(b) regarding air navigation.

Sec. 605. - Sign regulations.

Within all Apartment Districts, signs shall be permitted as follows:

(a)

For subdivisions there shall be permitted one (1) sign not greater than thirty-two (32) square feet in area at each principal entrance or frontage of any use.

(b)

A maximum of two (2) signs located on property for sale, lease or rent, provided that no such sign shall exceed eight (8) square feet in area.

(c)

In the case of new multiple-family dwellings, one (1) sign not exceeding one hundred fifty (150) square feet in area at each principal entrance. Any such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months from the date on which a certificate of occupancy is first issued, whichever comes first.

(d)

Signage allowances for uses other than multiple-family dwellings shall be the same as in the most restrictive district in which the use is permitted as a principal use.

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

Sec. 606. - Parking regulations.

Parking shall be required for all uses and structures permitted in the A-12 through A-36 Apartment Districts in accordance with section 203. For single-family attached (townhouse) developments, no parking area on any lot shall extend farther than twenty (20) feet from the right-of-way line and no area within a garage, or an enclosed or covered space shall be counted toward meeting off-street parking requirements.