Zoneomics Logo
search icon

Virginia Gardens City Zoning Code

ARTICLE III

- LAND USE: TYPE, DENSITY, INTENSITY

3.1 - GENERAL

The purpose of this Article is to describe the specific uses and restrictions that apply to Land Use Districts in the Land Use Element of the Comprehensive Plan. These regulations are intended to allow development and use of property only in compliance with the goals, objectives, and policies of the Village as expressed in the Village Comprehensive Plan.

3.2 - LAND USE DISTRICTS

Land use districts for the Village are established in the Comprehensive Plan, Future Land Use Element, including a Future Land Use Map. There is no zoning map. The land use classifications (categories) defined in the Future Land Use Element of the Village Comprehensive Plan and delineated as districts in the Future Land Use Map shall be the determinants of permissible activities on any parcel in the jurisdiction. These land use districts are established for the purpose of protecting, promoting, and improving the public health, safety, comfort, order, appearance, convenience, and general welfare of the community. These districts control the location of uses and regulate the location, height, and bulk of buildings hereinafter erected or structurally altered for such uses; to control population density and the intensity of use of lot areas; and to require adequate yards and other open spaces surrounding such buildings.

3.2.1 Schedule of Districts and Densities

In accord with the Comprehensive Plan, the Village is hereby divided into the following Land Use Districts:

A.

Single Family Residential (RU)

Single-family detached units at a density up to 6.0 units per acre.

B.

Medium Multiple Family Residential (MER)

Multi-family units at a density up to 12 units per acre.

C.

Multiple Family Residential (MFR)

Multi-family units at a density up to 30 units per acre. Floor area ratios will be incorporated.

D.

Restricted Commercial (RCU)

Office uses and light retail uses that are compatible with nearby housing. Housing is also permitted.

E.

General Commercial (GCU)

A broader range of office and retail uses than Restricted Commercial category but no heavy, highway or distributor kinds of uses.

F.

Institutional (IU)

A range of schools, churches, municipal buildings and public utility installations.

G.

Recreation/Open Space (POS)

Parks and open space. This category includes the Village recreational field.

3.2.2 Application of District Regulations

Except as hereinafter otherwise provided the following is prohibited:

A.

No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used for any purpose or in any manner other than as permitted in the district in which the building or land is located.

B.

No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the district in which the building is located.

C.

No building shall be erected, no existing buildings shall be moved, altered, enlarged, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location and bulk regulations hereinafter designated for the district in which the building or open space is located.

D.

No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

3.3 - USES ALLOWED IN LAND USE DISTRICTS

3.3.1 General

This part defines and describes the uses allowed within each land use district described in the Comprehensive Plan and this Code. A use similar to that given may be acceptable. If the use is similar but not specified, special application must be made for exception, site plan review and public hearing. Certain uses listed under each category are allowed only if special supplemental site design standards are met. These supplemental standards are contained in the Article VI (Development Design and Improvement Standards) of this Code.

3.3.2 Allowable Uses Within Each Land Use District

A.

Single Family Residential District

1.

Site-built detached single family dwellings.

2.

Accessory uses and structures.

3.

Not to include medical or dental offices.

B.

Medium Multiple Family Residential District

1.

Detached single-family dwellings

2.

Detached two-family dwellings (i.e., twin-homes, duplex).

3.

Attached single-family dwellings (i.e., townhomes).

4.

Multi-family dwellings.

5.

Accessory uses and structures.

6.

Outdoor recreational facilities.

7.

Home occupations not to include medical or dental offices.

C.

Multiple Family Residential District

1.

Detached single-family dwellings.

2.

Attached single-family dwellings (i.e., townhomes).

3.

Detached two-family dwellings (i.e., twin-homes, duplex).

4.

Multi-family dwellings

5.

Accessory uses and structures.

6.

Outdoor recreational facilities.

7.

Home occupations not to include medical or dental offices.

D.

Restricted Commercial District

1.

Professional and semi-professional offices, businesses, and services: accounting; bank and financial establishments; bookkeeping and tax preparation; attorneys and legal services; real estate; mortgage; insurance; property management; medical office; nursing service and physicians; advertising; promotional; public relations; media relations and marketing; architects; engineers and contractors; employment or personnel services; investigation and security services; consultants; photography studios; government offices.

2.

Accessory uses include: off-street parking.

3.

Special exception uses include: mixed-use residential when located on second story; any other business, operation, or use which is generally within the listed categories and is compatible with the operations, uses, or businesses listed, based upon a determination by the Village Council that the proposed operation or use is generally within or similar to the categories of the permitted uses, is otherwise compatible with the permitted uses, and will not have an adverse effect on the neighbors.

E.

General Commercial District

1.

Business and office uses: bank and financial establishments; retail stores; cafeterias, restaurants and lounges; supermarkets; theaters; arcades and indoor recreation centers; offices; hotels and motels; travel agencies; commercial or trade schools; fraternal lodges; funeral homes; garden and building supply; shopping centers; veterinary clinics without outside kennels; plant nurseries; professional offices; medical and dental offices or clinics; fitness centers and health clubs.

2.

Accessory uses include: off-street parking and loading.

3.

Special exception uses include: private schools; religious institutions; nursing homes; uses permitted in Restricted Commercial District; towers or antenna; fast food drive-thru establishments; group child care centers.

F.

Institutional District

1.

Governmental administration n buildings.

2.

Places of religious assembly and other houses of worship.

3.

Public or non-profit educational or cultural facilities.

4.

Town or public meeting halls.

5.

Public service facilities including: library; post office.

6.

Police, fire and rescue stations.

7.

Accessory uses and structures.

G.

Recreation/Open Space District

1.

Outdoor public recreational uses include but not limited to: picnicking; jogging; cycling; playgrounds; ball fields; ball courts; swimming pools; cultural facilities.

2.

Accessory uses and structures.

3.

Passive scenic areas.