(a)

The West Point Waterfront Overlay District (the district) is intended to implement the goals and objectives of the waterfront master plan, that is, to improve public access to the waterfront and encourage sustainable waterfront development and redevelopment, while preserving and restoring sensitive shoreline resources. Improving accessibility would offer enhanced recreational and eco-tourism opportunities for residents and visitors. Encouraging sustainable development would offer a blend of housing and employment opportunities, while stimulating economic activity and preserving historic character.

(b)

The town's sensitive resources will drive successful efforts to promote access and development; they also warrant preservation in their own right.

(Ord. No. 03-06, 9-25-06)

The district's boundaries include the town's entire waterfront along the Pamunkey, York, and Mattaponi Rivers and the shoreline, near-shore, and upland areas as depicted on the West Point Waterfront Master Plan. The precise boundaries of the district are depicted on the official zoning district map.

(Ord. No. 03-06, 9-25-06)

(a)

The district shall overlay the existing zoning districts in place at the time of adoption. The owners of property in the district shall continue to possess all current zoning rights and be subject to the requirements applicable in the existing districts unless and until the property is rezoned in accordance with the waterfront master plan. Such owners shall also be subject to the requirements applicable to the district. Where the district provisions are silent on a zoning rule or regulation, the requirements of the underlying zoning district shall apply. Where there is a conflict between any provision of this article and a provision of the underlying zoning district, the more stringent standard or requirement shall apply. The underlying zoning for the existing districts shall remain an integral part of the "Zoning Ordinance of the Town of West Point, Virginia" (the ordinance) as included in Chapter 70 of the Code of the Town of West Point Virginia.

(b)

The district's boundaries include residential, commercial, and industrial zoning districts. Light- and medium-density residential uses are located along the waterfront of the Pamunkey and Mattaponi Rivers. The more densely-populated Downtown Residential District is situated in the southern part of the town where the Pamunkey and Mattaponi Rivers converge to form the York River. Light Industry, Highway Business, and a Special Development District are also included in the district.

(Ord. No. 03-06, 9-25-06)

(a)

Zoning administrator. Pursuant to article IV, section 70-48 of the Ordinance, the zoning administrator of the Town of West Point shall review all applications for zoning permits and plans of development.

(b)

Planning commission. Pursuant to article IV, section 70-51(d) of this chapter, the West Point Planning Commission (the commission) shall have the authority to approve, modify, or reverse the recommendation of the zoning administrator with respect to applications for plans of development, provided that all decisions of the commission shall be consistent with and pursuant to the applicable provisions of this chapter and other applicable requirements. The commission shall have the authority to grant requests for waivers, substitutions, and modifications for any of the provisions of section 70-444.

(Ord. No. 03-06, 9-25-06)

Prior to the submission of a formal application for the development and design of a parcel or parcels, applicants are encouraged to meet with the zoning administrator and, in the case of development proposals requiring review and approval by the planning commission, the chairperson of the commission to discuss the submittal requirements, performance standards, design standards, and the review process.

(1)

Applicability.

a.

Exceptions: Except as otherwise provided in this chapter, applications to construct, erect, enlarge, structurally alter, or move a single-family dwelling, or an accessory structure on an existing lot, shall be exempted from the provisions of this article, provided that:

1.

Such applications shall not be exempt from the architectural standards contained in section 70-444 subsection (1);

2.

This exemption shall not apply to construction of single-family dwellings proposed as part of a subdivision of land and subject to the requirements of Chapter 54 of the Town Code;

3.

In addition to the information required for issuance of a zoning permit, such applications shall include a plot plan containing a brief description of the project, including the project name(s), a summary of uses, size of buildings, square footage by use, and total number of parking spaces; and

4.

A conceptual plan shall be included with drawings prepared by an appropriate professional, showing the overall context of the project and its relationship to surrounding structures.

b.

Industrial uses: Applications to construct, erect, enlarge, structurally alter, move an industrial building or structure, or convert an existing building or structure devoted to an industrial use to accommodate a different industrial use, shall be exempted from the provisions of this article. This exemption shall not apply to redevelopment and/or revitalization activities in which an industrial use of building or property is proposed to be converted to accommodate a residential or commercial use as part of a request for a rezoning.

(2)

Development process.

a.

Design workshop: Prior to submitting an application for a rezoning, special use permit, plan of development, or subdivision of land, the applicant proposing such development or construction shall meet with the zoning administrator and commission in a design workshop to review and revise the project for conformance to the performance and design standards detailed respectively in sections 70-443 and 70-444. The workshop shall address issues such as resource protection/restoration, open space and public access, site planning, and building design.

b.

Application:

1.

Following the design workshop, the applicant proposing such development or construction shall file with the zoning administrator an application for a rezoning, special use permit, plan of development, or subdivision of land together with such plans and specifications as the zoning administrator may require as a result of the design review process.

2.

Each application shall specifically include a statement describing how the proposed site plan and building design meet the spirit and intent of the district and the town's comprehensive plan. All plans submitted as part of the application package shall be stamped by the appropriate licensed professional in accordance with state law.

(3)

Submittal requirements. In the case of an application for a rezoning, plan of development, special use permit, and/or subdivision, and in addition to all information and documentation required under this chapter or under policies and procedures established by the zoning administrator, the following elements and guidelines constitute a complete application for development and redevelopment within the district:

a.

Number of copies: The applicant shall file with the zoning administrator 15 copies each of the application(s) and documentation related to the project. The application and plans must be accompanied by the required fee(s). The application shall also include any supporting documentation as determined in the design workshop.

b.

Project description: The applicant shall include a brief description of the project, including the project name(s), a summary of uses, size of buildings, square footage by use, total number of parking spaces, and a listing of public amenities. Noncompliance with the performance standards contained in section 70-443 and design standards detailed in section 70-444 shall be accompanied by a list of requested waivers, substitutions, and/or modifications, and a detailed explanation for each request.

c.

Phasing plan: A phasing plan that includes the proposed schedule for completion of the development and justification for the phasing shall be provided.

d.

Conceptual plan: A conceptual plan with drawings prepared by an appropriate professional, showing the overall context of the project and its relationship to surrounding structures, shall be included.

(4)

Public hearings and notice requirements.

a.

The planning commission and town council shall hold public hearings on any application for a special use permit pursuant to Article XXII, section 70-398 of this chapter, or on any requests for a rezoning.

b.

After the application is received, the commission and council shall fix a reasonable time not to exceed 60 days in which to hold the public hearing on the application. The commission and council shall give public notice of the hearing consistent with Code of the Town of West Point and the Code of Virginia.

(5)

Issuance of permits. Zoning permits shall be issued in accordance with Article IV, section 70-49 of this chapter.

(6)

Special use permits. Special use permits shall be issued in accordance with Article XXII of this chapter.

(7)

Plans of development. Plans of development shall be reviewed and approved in accordance with Article IV, section 70-51 of this chapter.

(Ord. No. 03-06, 9-25-06)

Permitted uses within the district shall be governed by the underlying zoning districts.

(Ord. No. 03-06, 9-25-06)

The following performance standards detail waterfront resource and open space standards which provide larger open space areas and contiguous access to and along the Town's waterfront. These standards are intended to protect shoreline resources and promote recreational activity along the waterfront.

(1)

Waterfront resource standards.

a.

Access: Access to and along the waterfront shall be provided from inland areas, including connections and coordination with adjacent properties as part of an integrated public waterfront facility.

b.

Multi-modal transportation: Waterfront facilities shall be oriented toward providing multi-modal transportation opportunities for boating, pedestrians, bicyclists, and public transportation users, and accommodations made for such transportation needs.

c.

Preservation of sensitive resources: Development and redevelopment activities shall conform to the standards set forth by the Chesapeake Bay Preservation Act and enforced through the Code of the Town of West Point. Stormwater management standards mandated by the Code shall also apply within the district. Prior to development and redevelopment activities, all necessary efforts shall be made to protect, restore, and mitigate impacts to affected wetlands and their associated habitats.

Development and redevelopment activities, as defined in section 70-250, shall be encouraged to utilize low-impact development techniques to provide an integrated environmental design. Such techniques include preserving hydrologic character (i.e., wetlands, floodplains, and high-permeability soils) while enabling full use of a site, controlling stormwater runoff at the source, and utilizing native plants, soil, and gravel that can be easily integrated into a site's landscape.

(2)

Open space standards.

a.

Use: Useable open space shall be provided within residential and commercial areas to provide park-like settings and protect sensitive resources. Within such areas, useable open space shall not be less than one square foot per one square foot of floor area contained in each lot devoted to residential and commercial uses. Useable open space shall abut active uses to encourage pedestrian traffic between such uses and provide access to the waterfront. Public usage of the waterfront near marinas, retail stores, cafes and restaurants, and recreational uses, such as the West Point Riverwalk, shall provide a setting for the establishment of open space areas and amenities.

b.

Amenities: Open space areas shall include seating, lighting, directional signage, bicycle racks, water fountains, shelters, and trash receptacles. Such amenities shall be provided in sufficient quantity adjacent to parking areas and sidewalks. Such amenities shall also be placed in additional areas with high levels of pedestrian traffic. These amenities shall be carefully selected and sited so as to complement the aesthetic appearance of the development and the district. All amenities required under this section shall be maintained so as to prevent trash, debris, odor, and other nuisances from interfering with the enjoyable use of such amenities by the public.

(3)

Lots and buildings.

a.

Placement:

1.

Where practicable, commercial buildings shall be placed at the sidewalk or near the front property line, with their primary entrances facing the street. Commercial buildings on waterfront sites shall have at least one entrance facing the river.

2.

Views to the water shall be preserved from critical public vantage points as determined by the zoning administrator. Massing and placement of buildings shall be designed to minimize negative impacts on water views and retain value for upland development.

b.

Roof lines: A diversity of roof heights shall be provided. Buildings shall be designed with traditional roof forms that are visually compatible with the historic character of West Point's waterfront.

(4)

Streets and Ways.

a.

Alleys: The use of rear alleys is encouraged; the minimum width of such alleys shall be 10 feet.

b.

Street trees: Deciduous trees shall be planted along streets to provide shade, buffering, runoff prevention, and natural treatment of stormwater. Specimen trees as defined in subsection 70-347(g) shall be used as accents and focal points in locations such as community and neighborhood entries and gateways to waterfront districts. Indigenous species shall be used in accordance with subsection 70-347(h).

(5)

Off-street parking.

a.

General: In addition to the standards described below, off-street parking shall adhere to the requirements set forth in Article XX of this chapter.

b.

Parking structures: Parking structures shall be compatible with adjacent uses and architecture, and shall be screened from properties located in any residential district in accordance with section 70-362.

c.

Surface parking lots: Surface parking lots shall be located to the side or rear of buildings or in the interior of development sites surrounded by proposed buildings. In any case, parking structures and parking lots shall not dominate the frontage of streets nor impede pedestrian routes.

(Ord. No. 03-06, 9-25-06)

This section guides the development of the district so as to respect the scale and character of the underlying zoning districts. The following design standards are applicable throughout the district and allow higher land use densities in a context that promotes mixing land uses and building types. These standards lower street and utility costs because of reduced frontage, and promote a concentration of uses within a pedestrian-friendly environment. Dimensional standards such as minimum lot area, minimum lot width, and minimum yard requirements shall be governed by the provisions of the underlying zoning districts.

(1)

Architectural standards.

a.

Architectural design: The architectural design of buildings, structures, and site layout shall be visually compatible with the traditional architecture of the Town and character of its waterfront. New construction shall respect the prevailing scale and proportion of surrounding buildings and structures.

b.

Building materials:

1.

Traditional building materials, such as shingles, wood clapboards, brick, stone, or an approved substitute shall be used for the exterior of new construction and additions to buildings. For existing buildings, building materials shall be maintained where possible and repair or replacement of materials shall utilize materials that match the original in shape, size, texture, and color as closely as possible.

2.

Materials that are chemically or physically compatible with those existing shall be used where practicable, as materials that are not compatible can cause damage to existing structures including rust, wood, and rot, and can also accelerate the natural aging process. Developers and designers are encouraged to use environmentally-friendly methods and materials that conserve energy, minimize pollution, and utilize renewable energy sources.

c.

Building facades:

1.

Building facades for new construction shall include detail and ornamentation to enhance points at the street level. Additions and/or new elements shall be placed on the rear or other secondary facade and outside of the primary viewshed whenever practical.

2.

Location or size of doors and windows shall be maintained as much as possible on existing structures. Original locations of windows shall be maintained as well as size, shape, sash, light configuration, and other important character-defining features where practical. Roof shapes shall also be maintained as much as practical.

(2)

Parking and circulation standards.

a.

Parking: Parking decks and structures within the district are encouraged to maximize the use of valuable land for principal uses and to reduce the appearance of excessive amounts of surface parking within the district. As noted within the architectural standards, site layout shall preserve the historic character of West Point and parking facilities shall not compromise the aesthetic quality of the district.

b.

Pedestrian circulation: On-site pedestrian circulation networks shall be designed to provide safe access through the district, particularly between buildings and parking areas and structures.

(3)

Streetscape standards.

a.

Waterfront connection: Streets that connect to the waterfront shall be designed and developed to pedestrian-scale and incorporate a variety of amenities. Landscaped intersections shall be provided to enhance the space. Informational signage, kiosks, monuments, fountains, and/or other gateway treatments near points of access on the Pamunkey and Mattaponi rivers shall be installed to welcome residents and visitors, and shall include community name(s) and directional signs to community features and points of interest.

(4)

Street and site furnishings standards.

a.

General: Furnishings shall be selected so as not to detract from the overall character of the street and the surrounding environment.

b.

Form and quality: Consistency in the form and quality of street and site furniture is essential to the ambiance of such areas. Furnishings within individual sites shall be chosen to complement specific architectural and site designs. Furnishings shall be included that enhance the setting and provide amenities.

c.

Amenities: Newspaper/information kiosks, public art displays, and water fountains shall be placed appropriately within the context of the overall street design. Benches shall be provided near retail and other commercial establishments.

Clustering benches can provide group seating and paired arrangements can help create a rhythm to the sidewalk character. Additionally, trash receptacles shall be located in proximity to the benches and in other locations with pedestrian traffic.

(5)

Lighting standards.

a.

Consistency: Site lighting shall enhance the character of the area and not detract from the aesthetic appearance of the development or the district. The natural lightscapes shall be maintained as much as safety will allow. The character and brightness of exterior lighting on different development sites shall remain relatively constant. Such consistency is important in establishing the overall character of the district during the nighttime hours and for providing a sense of security.

b.

Roadway lighting: Roadways and site driveways shall be lit from both sides. In this manner, lights shall be situated opposite one another, rather than in an alternating pattern. A designated family of fixtures shall be used along public roadways, site driveways, public sidewalks and bikeways, and parking lots to reinforce a unified image.

c.

Orientation: Driver and pedestrian orientation shall be provided through a hierarchy of lighting effects that correspond to different zones and uses within development sites. Light pole heights shall be scaled according to function (e.g., pedestrian sidewalks, parking lots, and driveways). Intersections, decision points, crossings, steps, and arrival points, among others, shall be articulated in a manner that signals their presence, shape, and nature. The illumination pattern shall provide visual clues as to what conditions may lay ahead.

(6)

Landscaping standards.

a.

General: Existing planting shall be maintained and existing tree lines and open viewsheds shall be maintained whenever practical.

b.

Uniform design: Landscaping shall be used as a unifying design element and a cost-effective long-term aesthetic and environmental enhancement for public and private spaces. Groundcover, shrubs, and trees meeting the requirements of section 70-347 shall compose the primary landscaping features within the district and conform to walks and street surfaces to provide an attractive pattern of development. Landscaping shall be installed within parking areas in accordance with section 70-351.

1.

Deciduous shade trees shall line the sidewalks within the district at a density of not less than one tree per 40 linear feet of sidewalk. Such trees shall be at least two inches in caliper at the time of planting. Where appropriate, such trees shall be clustered to accommodate prime vistas.

2.

Developments within the district shall be exempt from the buffering requirements contained in section 70-346, section 70-348, section 70-349, section 70-350, and section 70-352 provided that:

i.

The development is an approved mixed-use project that has a governing set of design guidelines approved by the town;

ii.

All of the requirements of sections 70-347 and 70-351, and all other requirements of this article, are met;

iii.

The proposed landscape design or materials involve a readily discernable theme or complement an architectural style or design; and

iv.

Landscaping materials are maintained in accordance with section 70-347(d) of this chapter.

c.

Materials: Selected landscaping material shall be appropriate to the local growing conditions and feature native species. Where applicable, landscaping plans shall include removal of invasive species and replacement by indigenous species.

d.

Loading and receiving areas: Loading, receiving, and trash storage areas shall be screened from public view in accordance with sections 70-346 and 70-353. Fences, walls, and dense plantings may be used to screen outdoor areas from wind and unsightly views.

(7)

Signage standards.

a.

General: In addition to the following standards, signage located within the district shall adhere to the requirements set forth in Article XXI of this chapter.

b.

Utility: Signage and graphics within the district shall introduce visitors to the area, direct them, and provide a means for orientation and way-finding.

c.

Design: The use of high quality graphics is essential to the overall visual experience, and letterform, logos, and artwork shall look comfortable within the sign perimeter. Signs shall be simple in form and color, be clearly legible, and creatively use two- and three-dimensional form to express the identity of the development, and the character of the neighborhood and its architecture. Existing historical signs and markers shall be maintained.

d.

Placement: Sign locations shall be oriented to the public right-of-way, shall avoid facing residential uses wherever possible, and shall not overlap and conceal architectural elements. Signage shall fit within the architectural features of the facade and complement the building's architecture. Signage shall be limited to one business identification per frontage and shall include only tenant identification text and logos. Product advertisement on signage or in display windows is prohibited.

e.

Illumination: Direct exposure of light sources and internally-illuminated signage shall be prohibited within the district. Indirect and external light sources shall be used where lighting is required. The orientation of any illuminated sign or light source shall be directed to avoid visibility to adjacent properties, spill light, or glare onto residential uses.

(8)

Fencing standards.

a.

General: In addition to the following standards, fencing provided in the district shall adhere to the requirements set forth in Article XIX, section 70-345 of this chapter.

b.

Height: In instances where security and safety relating to certain land uses and activities require fencing, such fencing shall be no higher or more extensive than needed to provide general safety or security needs and it shall be constructed of ornamental materials or some other appropriate material.

c.

Access: For properties along the waterfront, fencing shall not be used to deter public access to and along the waterfront or to inhibit migration of wildlife between natural areas.

(9)

Utility standards.

a.

Location: All on-site utilities shall be located underground.

b.

Screening: Service areas and mechanical equipment shall be screened through walled units or integrated into architectural features of the buildings.

(Ord. No. 03-06, 9-25-06)

Uses, buildings and structures not specifically permitted herein, and those prohibited in the underlying zoning districts, shall be considered nonconforming. As such, all nonconforming uses, buildings and structures shall adhere to the requirements set forth in article XXIII of this chapter.

(Ord. No. 03-06, 9-25-06)