The purpose of the B-1 Neighborhood Business District is to provide areas where a limited range of business establishments can be located near or adjacent to residential development without adversely impacting the adjacent residential area. The purpose of the B-1A Limited Community Business District is to provide areas where limited commercial development can be dispersed to support the needs of nearby residential neighborhoods. The purpose of the B-2 Community Business District is to provide land needed for community-wide business establishments. This district is intended for general application in the city. It is intended that, by the creation of this district, business uses will be geographically concentrated. The purpose of the B-3 Central Business District is to set apart that portion of the city which forms the metropolitan center for financial, commercial, professional and cultural activities, including business, professional and cultural development in a manner that complements the CBC Central Business Core District and the policies identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses likely to create friction with these proposed types of activities will be discouraged. This district is not intended for general application throughout the city. The purpose of the B-4 Mixed Use District is to provide for retail and commercial service facilities and residential uses, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, in those areas of the city where a mixture of such uses is desirable and recommended by the policies of the Comprehensive Plan. The purpose of the B-4C Central Business Mixed Use District is to provide an area that complements the Central Business Core District through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, and an integrated mix of residential and non-residential uses within the same building or on the same lot. Requests for rezonings to the B-4C Central Business Mixed Use District shall be limited to the area generally bounded by Thalia Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and Jeanne Street and Broad Street on the north. Development within the B-4C Central Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use Development Guidelines. The purpose of the B-4K Historic Kempsville Area Mixed Use District is to provide an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, including high-quality workforce housing in appropriate areas within the district, including Strategic Growth Areas, and an integrated mix of residential and nonresidential uses within the same building or on the same lot. Rezonings to the B-4K Historic Kempsville Area Mixed Use District shall be limited to property within the area generally bounded by Kempsville Heights and Kempsville Lake to the north, Cedar Run Canal to the south, Kempsville Gardens and Kempsville Manor to the east, and Eastern Branch of the Elizabeth River to the west. Development within the B-4K Historic Kempsville Area Mixed Use District should conform to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic Kempsville Area Master Plan or, in the event of a conflict, should conform to the Historic Kempsville Area Master Plan.

(Ord. No. 2359, 11-28-95; Ord. No. 2843, 10-12-04; Ord. No. 2917, 1-24-06; Ord. No. 2997, 8-28-07; Ord. No. 3109, 11-10-09; Ord. No. 3328, 2-25-14)

(a)

Principal and conditional uses. The following chart lists those uses permitted within the B-1 through B-4K Business Districts. Those uses and structures in the respective business 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.

(a2)

Outdoor cafes and outdoor plazas in the B-4K Historic Kempsville Area Mixed Use District.

(a)

Notwithstanding any contrary provision, outdoor cafes within the B-4K Historic Kempsville Area Mixed Use District shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building.

(b)

Notwithstanding any contrary provision, outdoor plazas within the B-4K Historic Kempsville Area Mixed Use District shall be subject to the following criteria:

(1)

Outdoor plazas should be located at the entrance to major buildings and other appropriate areas to provide safe, attractive and accessible public urban open spaces for those who live, work and visit the area. The size and configuration of outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth in the Comprehensive Plan and the Historic Kempsville Area Master Plan; and

(2)

The architectural design shall conform to the purpose and intent of the Historic Kempsville Area Master Plan.

(b)

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

(1)

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 non-illuminated sign not more than one 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 unit 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 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, bars or nightclubs, tourist homes, massage or tattoo parlors, radio or television repair shops, auto repair shops, or similar establishments.

(2)

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

(3)

Ice vending machine units in the B-2, B-3, and B-4 District at Shopping Center, as defined by the Zoning Ordinance, but not to include those within any Historic and Cultural District or the Historic Kempsville Area Overlay District, subject to the following standards:

(a)

Ice vending machine units shall only be permitted at shopping centers which features no less than sixty thousand (60,000) square feet of existing retail or other commercial establishments.

(b)

Only one (1) ice vending machine unit shall be permitted per shopping center.

(c)

Ice vending machine units shall not be more than two hundred fifty (250) square feet in size, nor more than eighteen (18) feet in height.

(d)

Ice vending machine units shall not be within one hundred (100) feet from any property zoned Residential or Apartment District or within one hundred (100) feet from any property with a residential use.

(e)

Ice vending machine units shall meet the setback requirements and yard spacing for commercial uses and structures, as prescribed in section 902 of this ordinance.

(f)

Ice vending machine units shall require two (2) dedicated off-street parking spaces and one (1) loading space.

(g)

Ice vending machine units shall not be located on or in any parking spaces required for the shopping center.

(h)

Mechanical equipment outside of the ice vending machine unit shall be located on the roof of the unit and screened from typical street level view using parapets or other opaque means. However, if it is determined that such equipment cannot be located on the roof of the unit, mechanical equipment may be located on the ground and adjacent to the unit, given such equipment is screened by a solid fence or wall.

(i)

Signage shall only be permitted on two (2) sides of the unit, provided it does not exceed one square foot for each linear foot of the wall on which it is located. However, in no case shall the permitted signage exceed twenty (20) square feet per side.

(j)

Ingress and egress to and from ice vending machine units shall not impede fire access or pedestrian and vehicular traffic flow.

(k)

By receipt of permit, the owner shall authorize the City of Virginia Beach the ability to require any ice vending machine unit, upon its abandonment or discontinuation after a period of thirty (30) consecutive days, to be removed by the operator of the unit or the property owner of the shopping center in which it is located.

(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) or the Clear Zone unless such use is designated as Compatible in APZ-1 or the Clear Zone, as the case may be, 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.

(d)

Off-site parking facilities. Off-site parking facilities shall be permitted as follows:

(1)

B-3 and B-4C Districts. Off-site parking facilities for any use within the B-3 or B-4C Districts, shall be permitted on any zoning lot, provided all of the following requirements are met: (1) structures for parking facilities shall conform to the regulations of the district in which located; (2) off-site parking facilities shall be located within one thousand five hundred (1,500) feet from the use they are intended to serve, but in no case shall any such facility be located opposite Virginia Beach Boulevard and Independence Boulevard unless grade-separated pedestrian access is provided; and (3) a written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney.

(2)

B-4K District. Off-site parking facilities for any use within the B-4K District may be permitted on any zoning lot within the district, provided all of the following requirements are met: (1) structures for parking facilities shall conform to the regulations of the district in which located; (2) off-site parking facilities shall be located within one thousand five hundred (1,500) feet from the use they are intended to serve, but in no case shall any such facility be located opposite Kempsville Road, Princess Anne Road, or South Witchduck Road unless grade-separated pedestrian access is provided; and (3) a written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney.

(Ord. No. 1811, 10-10-88; Ord. No. 1906, 8-14-89; Ord. No. 1913, 9-11-89; Ord. No. 1937, 12-18-89; Ord. No. 1941, 1-22-90; Ord. No. 2095, 8-27-91; Ord. No. 2100, 9-3-91; Ord. No. 2174, 9-22-92; Ord. No. 2177, 10-22-92; Ord. No. 2261, 2-8-94; Ord. No. 2268, 6-14-94; Ord. No. 2315, 4-11-95; Ord. No 2359, 11-28-95; Ord. No. 2419, 9-10-96; Ord. No. 2427, 10-29-96; Ord. No. 2460, 10-28-97; Ord. No. 2495, 6-23-98; Ord. No. 2505, 9-8-98; Ord. No. 2513, 10-27-98; Ord. No. 2552, 7-6-99; Ord. No. 2570, 1-4-00; Ord. No. 2597, 6-27-00; Ord. No. 2627, 4-24-01; Ord. No. 2660, 8-28-01; Ord. No. 2693, 5-14-02; Ord. No. 2761, 5-13-03; Ord. No. 2782, 8-26-03; Ord. No. 2843, 10-12-04; Ord. No. 2907, 12-20-05; Ord. No. 2917, 1-24-06; Ord. 2922, 2-14-06; Ord. No. 2968, 1-23-07; Ord. No. 2972, 2-27-07; Ord. No. 2976, 4-24-07; Ord. No. 3000, 9-25-07; Ord. No. 3046, 8-26-08; Ord. No. 3050, 9-9-08; Ord. No. 3102, 9-8-09; Ord. No. 3109, 11-10-09; Ord. No. 3167, 4-26-11; Ord. No. 3191, 7-12-11; Ord. No. 3259, 8-28-12; Ord. No. 3294, 6-25-13; Ord. No. 3328, 2-25-14; Ord. No. 3343, 4-22-14; Ord. No. 3378, 10-7-14; Ord. No. 3397, 3-17-15; Ord. No. 3403, 4-21-15; Ord. No. 3412, 5-19-15; Ord. No. 3425, 8-4-15; Ord. No. 3441, 4-19-16; Ord. No. 3442, 4-19-16; Ord. No. 3506, 6-20-17; Ord. No. 3514, 7-11-17; Ord. No. 3527, 12-12-17; Ord. No. 3577, 1-15-19; Ord. No. 3578, 1-15-19; Ord. No. 3609, 1-21-20; Ord. No. 3661, 5-18-21; Ord. No. 3667, 7-13-21; Ord. No. 3719, 2-7-23; Ord. No. 3761, 12-12-23)

(a)

The following chart lists the requirements within the B-1, B-1A, B-2, B-3, and B-4 Business Districts for minimum lot area, width and yard spacing for all commercial uses and structures.

*Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots.

(b)

The following chart lists the requirements within B-4C Central Business Mixed Use District and B-4K Historic Kempsville Area Mixed Use District for minimum lot area, width, and yard spacing for all uses and structures:

*Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots.

Except as otherwise provided herein, setbacks affecting only the first floor of multistory buildings may be increased by no more than twenty (20) feet in order to allow the creation of covered passageways within the B-4C and B-4K Districts. In addition, building setbacks adjacent to roadway intersections may be increased to provide safe and reasonable line-of-sight clearances.

(c)

The following chart lists the requirements within the B-3 and B-4 Business Districts for minimum lot area, width, yard spacing and maximum density for lodging uses and structure. For hotels and motels (lodging units):

*Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots.

(d)

The following chart lists the requirements within the B-4 Mixed Use District 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).

For attached dwellings (townhouses):

*Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots.

(e)

The following chart lists the requirements within the B-4 Mixed Use District and B-4K Historic Kempsville Area Mixed Use District for minimum lot area, width, yard spacing, maximum lot coverage and maximum density for multiple-family dwellings.

For multiple-family dwellings:

*Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision Ordinance, requiring additional lot width on certain corner lots.

(f)

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. 1912, 9-11-89; Ord. No. 1947, 2-12-90; Ord. No 2359, 11-28-95; Ord. No. 2597, 6-27-00; Ord. No. 2685, 2-26-02; Ord. No. 2692, 5-14-02; Ord. No. 2726, 10-29-02; Ord. No. 2843, 10-12-04; Ord. No. 2900, 11-8-05; Ord. No. 2917, 1-24-06; Ord. No. 3109, 11-10-09; Ord. No. 3221, 3-13-12; Ord. No. 3328, 2-25-14; Ord. No. 3384, 12-2-14)

_____

For the B-1 through B-4 Commercial Districts, the following landscape screening and buffering regulations shall apply:

(a)

When a zoning lot within a B-1 or B-1A Business District adjoins a residential, apartment or hotel district 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 the residential, apartment or hotel district. Category I landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards.

(b)

When a zoning lot within the B-2, B-3, B-4, B-4C or B-4K District adjoins a residential or apartment district 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 the residential or apartment district. Category IV landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards.

(c)

When a zoning lot within the B-2, B-3, B-4, B-4C or B-4K District adjoins an O-1 Office 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 office district. Category I landscape screening shall be required within the yard area. No other uses or structures shall be permitted in such yards.

(Ord. No 2359, 11-28-95; Ord. No. 2843, 10-12-04; Ord. No. 2917, 1-24-06; Ord. No. 3328, 2-25-14)

(a)

The maximum height for all uses and structures within the B-1 Neighborhood Business District and B-1A Limited Community Business District shall be thirty-five (35) feet.

(b)

Where a zoning lot within the B-2 Community Business District, B-3 Central Business District, B-4 Mixed Use District, B-4C Central Business Mixed Use District or B-4K Historic Kempsville Area Mixed Use District adjoins the side or rear yard of a zoning lot in a residential or apartment district without an intervening street or alley over twenty-five (25) feet in width or a body of water over fifty (50) feet in width, the following maximum height regulations shall apply on that portion of the commercial zoning lot within one hundred (100) feet of the adjoining residential or apartment district. In cases where more than one (1) of the following apply, the most restrictive shall apply.

(1)

When adjacent to residential district, the maximum height shall be thirty-five (35) feet.

(2)

When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet.

(3)

When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet.

(4)

When adjacent to A-36 Apartment District, the maximum height shall be one hundred twenty (120) feet.

(c)

The maximum height for hotels and motels within the B-4 Mixed Use District is seventy-five (75) feet.

(d)

Except as specified in items (a),(b) and (c) hereinabove, there shall be no maximum height regulations in the B-2, B-3 and B-4 Districts. In the B-4C Central Business Mixed Use District, minimum building height shall be thirty-five (35) feet and the maximum building height shall be two hundred (200) feet. In the B-4K Historic Kempsville Area Mixed Use District, the minimum building height shall be twenty-five (25) feet and the maximum building height shall be fifty (50) feet.

(e)

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

(Ord. No. 1785, 6-13-88; Ord. No. 2359, 11-28-95; Ord. No. 2597, 6-27-00; Ord. No. 2843, 10-12-04; Ord. No. 2896, 9-13-05; Ord. No. 2917, 1-24-06; Ord. No. 3328, 2-25-14)

(a)

In the B-1 Neighborhood Business District, signs shall be permitted as follows:

(1)

For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one sign and not more than thirty-two (32) square feet of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs, of which one may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet in area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet in area per face. No sign shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one sign not exceeding thirty-two (32) square feet in area.

(2)

Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one additional sign no greater in area than one hundred (100) square feet per face may be erected at each principal entrance. The top of the face of such sign shall not exceed eight (8) feet in height and the top of any decorative cap on such sign shall not exceed ten (10) feet in height. Such sign shall not exceed twelve (12) feet in width and the face of such sign shall be surrounded by a minimum of six (6) inches of framework constructed of a material matching in color and texture the primary exterior building material of the principal structure in the center.

(3)

Signs located on property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line adjoining the street, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of surface area.

(4)

Beacon lights or search lights may be permitted for advertising purposes for special events.

(5)

To facilitate occupancy in a new neighborhood shopping center containing a minimum of forty thousand (40,000) square feet of land area, one (1) temporary sign not to exceed one hundred (100) square feet in area shall be permitted. 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.

(b)

In the B-1A Limited Community Business District and in the B-2 Community Business District, signs shall be permitted as follows:

(1)

For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than sixty (60) square feet of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs, of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet in area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet in area per face. No sign shall exceed one hundred fifty (150) square feet in area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet in area.

(2)

Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) additional sign no greater in area than one hundred (100) square feet per face shall be permitted at each principal entrance. Where there is an established community or regional commercial center containing a minimum of ten (10) establishments and fifteen (15) acres of land, one (1) additional sign not exceeding one hundred fifty (150) square feet in area shall be permitted at each principal entrance. The top of the face of such sign shall not exceed eight (8) feet in height and the top of any decorative cap on such sign shall not exceed ten (10) feet in height. Such sign shall not exceed twelve (12) feet in width and the face of such sign shall be surrounded by a minimum of six (6) inches of framework constructed of a material matching in color and texture the primary exterior building material of the principal structure in the center.

(3)

Signs located on property for sale, lease or rent shall be permitted; provided, that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line adjoining the street, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area.

(4)

Beacon lights or search lights may be permitted for advertising purposes for special events.

(5)

To facilitate occupancy in a community commercial center containing a minimum of fifteen (15) and acres of land, one (1) temporary sign not to exceed one hundred fifty (150) square feet in area shall be permitted. In a regional commercial center containing a minimum of thirty (30) acres of land, one (1) temporary sign not to exceed two hundred (200) square feet in area shall be permitted. Signs 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 a certificate of occupancy is issued, whichever comes first.

(c)

In the B-3 Central Business District, the following regulations shall apply:

(1)

For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than sixty (60) square feet of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet in area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet in area per face. No sign shall exceed one hundred fifty (150) square feet in area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet in area.

(2)

Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) additional sign not exceeding one hundred (100) square feet in area per face shall be permitted at each principal entrance. Where there is an established community or regional commercial center containing ten (10) or more establishments and a minimum of fifteen (15) acres of land, one (1) additional sign not exceeding one hundred fifty (150) square feet in area per face shall be permitted at each principal entrance. The top of the face of such sign shall not exceed eight (8) feet in height and the top of any decorative cap on such sign shall not exceed ten (10) feet in height. Such sign shall not exceed twelve (12) feet in width and the face of such sign shall be surrounded by a minimum of six (6) inches of framework constructed of a material matching in color and texture the primary exterior building material of the principal structure in the center.

(3)

Signs located on property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line adjoining the street, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area.

(d)

Within the B-4C Central Business Mixed Use District, signs shall be permitted as follows:

(1)

For each foot of occupancy frontage, an establishment shall have no more than six-tenths (0.6) of one (1) square foot of sign area. No single establishment shall have more than four (4) signs or more than two (2) signs per building facade, and no individual sign shall exceed sixty (60) square feet in area. Any establishment having less than forty (40) feet of occupancy frontage may have one (1) sign not exceeding twenty-four (24) square feet in area. No such sign shall be allowed above the second story of any building.

(2)

One additional sign at each street-level entrance to upper-floor residential dwelling units shall be permitted; provided, that no such sign shall exceed eight (8) square feet in area.

(2.5)

Commercial buildings, including hotels and motels, of less than five (5) stories in height may have two (2) signs in addition to other allowed signage, provided that no such sign shall have an area exceeding one hundred fifty (150) square feet. Such signs shall be mounted on or above the fourth story of the building, but not above the roofline of such building, and only one (1) such sign per building facade shall be allowed. Two (2) additional signs, not exceeding twenty (20) square feet each, shall be allowed at each street level entrance.

(3)

Commercial buildings, including hotels and motels, of five (5) stories to ten (10) stories may have two (2) signs in addition to other allowed signage, provided that no such sign shall have an area exceeding two hundred (200) square feet. Such signs shall be mounted on or above the top one-quarter (¼) of the building, but not above the roofline of such building, and only one (1) sign per building facade shall be allowed. Two (2) additional signs, not exceeding twenty (20) square feet each, may be allowed at each street level entrance.

(3.5)

Commercial buildings, including hotels and motels, of more than ten (10) stories in height may have two (2) signs in addition to other allowed signage, provided that no such sign shall have an area exceeding three hundred (300) square feet. All signs shall be mounted on or above the top one-quarter (¼) of the building, but not above the roofline of such building, and only one (1) sign per building facade shall be allowed. Two (2) additional signs, not exceeding twenty (20) square feet each, may be allowed at each street level entrance.

(3.7)

Major Tenant Sign Option. For each foot of building footage, a major tenant may have a maximum of one and two-tenths (1.2) square feet of sign area, provided that pedestrian scale features and amenities such as outdoor cafe seating, planters, kiosk areas, fountains, display windows or sculptures are provided on the facade or adjacent thereto. No major tenant shall have a total of more than four (4) signs or more than two (2) signs per building facade.

(4)

All freestanding signs shall be subject to approval by the city council, as consistent with the general purpose and intent of the design provisions presented in the November 2009 Pembroke Strategic Growth Area 4 Implementation Plan and any applicable design standards approved by the city council.

(5)

Signs on building awnings shall not be included in determining the number of building signs permitted, or in determining permissible sign area, if they meet the following criteria:

a.

Such signs are uniform in font, color, size and style;

b.

There is only one (1) sign per awning; and

c.

Such signs are no larger than two (2) square feet.

(6)

Public or private parking structures and parking garages may have one (1) sign per vehicle entrance and two (2) additional signs. Such signs shall be no greater in area than seventy-five (75) square feet.

(e)

Within the B-4 Mixed Use District, signs shall be permitted as follows:

(1)

For hotels and motels:

a.

For each twenty (20) feet of frontage and for each forty (40) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than forty (40) square feet of signage shall be permitted; provided, however, that no establishment shall have more than four (4) signs, of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet in area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet in area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet in area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty (30) square feet in area.

(2)

For all other uses and structures, the following sign regulations shall apply:

a.

No sign located on or in any window or located behind any window in such a manner as to attract the attention of persons outside the establishment, shall have an area greater than twenty (20) percent of the surface area of such window, not to exceed sixteen (16) square feet.

b.

Signs containing or consisting of graphic or pictorial representations shall be permitted; provided, however, that the combined surface area occupied by such graphic or pictorial representations shall not be more than twenty (20) percent of the total sign allotment of an establishment or four (4) square feet, whichever is less.

c.

For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than a total of sixteen (16) square feet of signage shall be permitted; provided, however, that no establishment shall have more than two (2) signs, of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No freestanding sign shall exceed thirty-two (32) square feet in area per face, and no sign of any other type shall exceed seventy-five (75) square feet in area. Any establishment having less frontage or lot line adjoining a street than is required hereinabove may have one (1) sign not exceeding sixteen (16) square feet in area.

d.

Sign regulations pertaining to multiple-family dwellings shall be the same as those applying in the Apartment Districts.

e.

Where there is an established neighborhood commercial center containing at least five (5) establishments and at least forty thousand (40,000) square feet of land area, one (1) additional sign shall be allowed at each principal entrance. No such sign shall exceed thirty-two (32) square feet in area per face. No such sign shall exceed thirty-two (32) square feet in area per face. The top of the face of such sign shall not exceed eight (8) feet in height and the top of any decorative cap on such sign shall not exceed ten (10) feet in height. Such sign shall not exceed twelve (12) feet in width and the face of such sign shall be surrounded by a minimum of six (6) inches of framework constructed of a material matching in color and texture the primary exterior building material of the principal structure in the center.

f.

Signs located on property for sale, lease or rent shall be permitted; provided, however, that no such sign shall exceed sixteen (16) square feet in area. Not more than two (2) such signs shall be permitted for any property having more than one hundred (100) feet of lot line adjoining the street, and any property having less than one hundred (100) feet of such lot line shall have no more than one (1) sign not exceeding sixteen (16) square feet in area.

g.

Beacon lights or search lights may be permitted for purposes of advertisement of special events for a period not in excess of forty-eight (48) hours.

h.

To facilitate occupancy in a new neighborhood commercial center containing at least forty thousand (40,000) square feet of land area, one (1) temporary sign, not to exceed thirty-two (32) square feet in area, shall be allowed. 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 a certificate of occupancy is issued, whichever event first occurs.

(f)

Within the B-4K Historic Kempsville Area Mixed Use District, signs shall be permitted as follows:

(1)

For each foot of occupancy frontage an establishment shall have no more than six-tenths (0.6) of one square foot of area. No single establishment shall have more than four (4) signs, nor more than two (2) signs per building facade, and no individual sign shall exceed sixty (60) square feet in surface area. Any establishment having less than forty (40) feet of occupancy frontage may have one (1) sign not exceeding twenty-four (24) square feet. No such sign shall be allowed above the second story of any building.

(2)

One additional sign at each street-level entrance to upper-floor residential dwelling units shall be permitted; provided, that no such sign shall exceed eight (8) square feet in area.

(3)

Commercial buildings of at least three stories in height may have a maximum of two (2) additional signs, neither of which shall be greater in area than one hundred fifty (150) square feet. Such signs shall be mounted on or above the third story of the building, but not above the roofline of such building, and only one (1) sign per building facade shall be allowed. Additionally, two (2) signs, not exceeding twenty (20) square feet each, shall be allowed at street level if the building has a street level entrance.

(4)

Major Tenant Sign Option. For each foot of building footage, a major tenant may have a maximum of one and two-tenths (1.2) square feet of sign area, provided that pedestrian scale features and amenities such as outdoor cafe seating, planters, kiosk areas, fountains, display windows or sculptures are provided on the facade or adjacent thereto. No major tenant shall have a total of more than four (4) signs, nor more than two (2) signs per building facade.

(5)

All freestanding signs shall be subject to approval by the City Council, as consistent with the general purpose and intent of the design provisions presented in the Historic Kempsville Area Master Plan and any applicable design standards approved by the City Council.

(6)

Signs on building awnings shall not be included in determining the number of building signs permitted, or in determining permissible sign area, if they meet the following criteria:

a.

Such signs are uniform in font, color, size and style;

b.

There is only one (1) sign per awning; and

c.

Such signs are no larger than two (2) square feet.

(7)

Public or private parking structures and parking garages may have one (1) sign per vehicle entrance and two (2) additional signs. No such sign shall be greater than seventy-five (75) square feet in area.

(8)

Reserved.

(9)

For all other uses and structures, the following sign regulations shall apply:

a.

No sign located on or in any window or located behind any window in such a manner as to attract the attention of persons outside the establishment, shall have an area greater than twenty (20) percent of the area of such window, not to exceed sixteen (16) square feet.

b.

Signs containing or consisting of graphic or pictorial representations shall be permitted; provided, however, that the combined surface area occupied by such graphic or pictorial representations shall not be more than twenty (20) percent of the total sign allotment of an establishment or four (4) square feet, whichever is less.

c.

For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than a total of sixteen (16) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than two (2) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No freestanding sign shall exceed thirty-two (32) square feet in area per face, and no sign of any other type shall exceed seventy-five (75) square feet in area. Any establishment having less frontage or lot line adjoining a street than is required hereinabove may have one (1) sign not exceeding sixteen (16) square feet in area.

d.

Sign regulations pertaining to multiple-family dwellings shall be the same as those applying in the Apartment Districts, except that multiple-family dwellings may have a maximum of two (2) building mounted signs per development not to exceed twenty (20) square feet in area per sign.

e.

Where there is an established neighborhood commercial center containing at least five (5) establishments and at least forty thousand (40,000) square feet of land area, one (1) additional sign shall be allowed at each principal entrance. No such sign shall exceed thirty-two (32) square feet in area per face. The top of the face of such sign shall not exceed eight (8) feet in height and the top of any decorative cap on such sign shall not exceed ten (10) feet in height. Such sign shall not exceed twelve (12) feet in width and the face of such sign shall be surrounded by a minimum of six (6) inches of framework constructed of a material matching in color and texture the primary exterior building material of the principal structure in the center.

f.

Signs located on property for sale, lease or rent shall be permitted; provided, however, that no such sign shall exceed sixteen (16) square feet in area. A maximum of two (2) such signs shall be permitted for any property having more than one hundred (100) feet of lot line adjoining the street, and any property having less than one hundred (100) feet of such lot line shall have no more than one (1) sign not exceeding sixteen (16) square feet in area.

g.

Beacon lights or search lights may be permitted for purposes of advertisement of special events for a period not in excess of forty-eight (48) hours.

h.

To facilitate occupancy in a new neighborhood commercial center containing at least forty thousand (40,000) square feet of land area, one (1) temporary sign, not to exceed thirty-two (32) square feet in area, shall be allowed. 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 a certificate of occupancy is issued, whichever event first occurs.

(Ord. No 2359, 11-28-95; Ord. No. 2609, 8-22-00; Ord. No. 2722, 9-10-02; Ord. No. 2785, 9-9-03; Ord. No. 2796, 1-13-04; Ord. No. 2843, 10-12-04; Ord. No. 2917, 1-24-06; Ord. No. 3109, 11-10-09; Ord. No. 3328, 2-25-14; Ord. No. 3442, 4-19-16; Ord. No. 3495, 4-4-17)

Parking shall be required for all uses and structures permitted in the B-1 through B-4K Historic Kempsville Area Districts in accordance with section 203. For single-family attached (townhouse) developments, no parking area on any lot shall exceed 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.

(Ord. No. 2843, 10-12-04; Ord. No. 2917, 1-24-06)